Bill Text: IL HB0793 | 2009-2010 | 96th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Open Meetings Act. Permits a public body with statewide jurisdiction or with jurisdiction over more than 4,500 square miles to include members participating in a video or audio conference at specified locations when determining the physical presence of a quorum at an open meeting (now, a public body with statewide jurisdiction may include members participating in a video conference at specified locations when determining the physical presence of a quorum at an open meeting). Provides that the requirement that members of a public body with less than statewide jurisdiction be physically present at a closed meeting is limited to public bodies with jurisdiction over 4,500 or fewer square miles. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0664 [HB0793 Detail]
Download: Illinois-2009-HB0793-Introduced.html
Bill Title: Amends the Open Meetings Act. Permits a public body with statewide jurisdiction or with jurisdiction over more than 4,500 square miles to include members participating in a video or audio conference at specified locations when determining the physical presence of a quorum at an open meeting (now, a public body with statewide jurisdiction may include members participating in a video conference at specified locations when determining the physical presence of a quorum at an open meeting). Provides that the requirement that members of a public body with less than statewide jurisdiction be physically present at a closed meeting is limited to public bodies with jurisdiction over 4,500 or fewer square miles. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0664 [HB0793 Detail]
Download: Illinois-2009-HB0793-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Open Meetings Act is amended by changing | |||||||||||||||||||||
5 | Sections 2.01 and 7 as follows:
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6 | (5 ILCS 120/2.01) (from Ch. 102, par. 42.01)
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7 | Sec. 2.01. All meetings required by this Act to be public | |||||||||||||||||||||
8 | shall be held at
specified times and places which are | |||||||||||||||||||||
9 | convenient and open
to the public. No meeting
required by this | |||||||||||||||||||||
10 | Act to be public shall be held on a legal holiday unless
the | |||||||||||||||||||||
11 | regular meeting day falls on that holiday.
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12 | A quorum of members of a public body must be physically | |||||||||||||||||||||
13 | present at the location of an open meeting. If, however, an | |||||||||||||||||||||
14 | open meeting of a public body (except one with jurisdiction | |||||||||||||||||||||
15 | limited to a specific geographic area that is 4,500 or fewer | |||||||||||||||||||||
16 | square miles less than statewide ) is held simultaneously at one | |||||||||||||||||||||
17 | of its offices and one or more other locations in a public | |||||||||||||||||||||
18 | building, which may include other of its offices, through an | |||||||||||||||||||||
19 | interactive video or audio conference and the public body | |||||||||||||||||||||
20 | provides public notice and public access as required under this | |||||||||||||||||||||
21 | Act for all locations, then members physically present in those | |||||||||||||||||||||
22 | locations all count towards determining a quorum. "Public | |||||||||||||||||||||
23 | building", as used in this Section, means any building or |
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1 | portion thereof owned or leased by any public body. The | ||||||
2 | requirement that a quorum be physically present at the location | ||||||
3 | of an open meeting shall not apply, however, to State advisory | ||||||
4 | boards or bodies that do not have authority to make binding | ||||||
5 | recommendations or determinations or to take any other | ||||||
6 | substantive action.
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7 | A quorum of members of a public body that is not a public | ||||||
8 | body with statewide jurisdiction or with jurisdiction over a | ||||||
9 | specific geographic area of more than 4,500 square miles must | ||||||
10 | be physically present at the location of a closed meeting. | ||||||
11 | Other members who are not physically present at a closed | ||||||
12 | meeting of such a public body may participate in the meeting by | ||||||
13 | means of a video or audio conference.
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14 | (Source: P.A. 94-1058, eff. 1-1-07.)
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15 | (5 ILCS 120/7)
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16 | Sec. 7. Attendance by a means other than physical presence. | ||||||
17 | (a) If a
quorum of the members of the public body is | ||||||
18 | physically present as required by Section 2.01, a majority of | ||||||
19 | the public body may allow a member of that body to attend the | ||||||
20 | meeting by other means if the member is prevented from | ||||||
21 | physically
attending because of: (i) personal illness or | ||||||
22 | disability; (ii) employment purposes or
the
business of the | ||||||
23 | public body; or (iii) a family or other emergency.
"Other | ||||||
24 | means" is by video or audio conference.
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25 | (b) If a member wishes to attend a meeting by other means, |
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1 | the
member must notify the
recording secretary or clerk of the
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2 | public body before the meeting unless
advance notice is | ||||||
3 | impractical.
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4 | (c) A majority of the public body may allow a member to | ||||||
5 | attend a meeting by other means only in accordance with and to | ||||||
6 | the extent allowed by rules adopted by the public body. The | ||||||
7 | rules must conform to the requirements and restrictions of this | ||||||
8 | Section, may further limit the extent to which attendance by | ||||||
9 | other means is allowed, and may provide for the giving of | ||||||
10 | additional notice to the public or further facilitate public | ||||||
11 | access to meetings.
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12 | (d) The limitations of this Section shall not apply to (i) | ||||||
13 | closed meetings of public bodies with statewide jurisdiction or | ||||||
14 | with jurisdiction over a specific geographic area of more than | ||||||
15 | 4,500 square miles or (ii) open or closed meetings of State | ||||||
16 | advisory boards or bodies that do not have authority to make | ||||||
17 | binding recommendations or determinations or to take any other | ||||||
18 | substantive action. State advisory boards or bodies and public | ||||||
19 | bodies with statewide jurisdiction or with jurisdiction over a | ||||||
20 | specific geographic area of more than 4,500 square miles , | ||||||
21 | however, may permit members to attend meetings by other means | ||||||
22 | only in accordance with and to the extent allowed by specific | ||||||
23 | procedural rules adopted by the body.
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24 | (Source: P.A. 94-1058, eff. 1-1-07.)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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