96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0793


 
Introduced 2/9/2009, by Rep. Dave Winters
 
SYNOPSIS AS INTRODUCED:
















5 ILCS 120/2.01
 from Ch. 102, par. 42.01



5 ILCS 120/7









 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.
















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A BILL FOR









 











HB0793

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1
 AN ACT concerning government.


2
 Be it enacted by the People of the State of Illinois,

3
represented in the General Assembly:



4
 Section 5. The Open Meetings Act is amended by changing 
5
Sections 2.01 and 7 as follows:




6
 (5 ILCS 120/2.01) (from Ch. 102, par. 42.01)



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.

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.

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.

14
(Source: P.A. 94-1058, eff. 1-1-07.)


15
 (5 ILCS 120/7)

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.

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

2
public body before the meeting unless
advance notice is 
3
impractical.

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 
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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.

12
 (d) The limitations of this Section shall not apply to (i) 
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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.


24
(Source: P.A. 94-1058, eff. 1-1-07.)


25
 Section 99. Effective date. This Act takes effect upon 
26
becoming law.