Public Act 098-0992
 
HB3798 EnrolledLRB098 15355 OMW 50384 b



    AN ACT concerning government.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



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



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



    Sec. 2.01. All meetings required by this Act to be public 
shall be held at
specified times and places which are 
convenient and open
to the public. No meeting
required by this 
Act to be public shall be held on a legal holiday unless
the 
regular meeting day falls on that holiday.

    A quorum of members of a public body must be physically 
present at the location of an open meeting. If, however, an 
open  meeting of  a public body (i) with statewide jurisdiction, 
(ii) that is an Illinois library system with jurisdiction over 
a specific geographic area of more than 4,500 square miles, or 
(iii) that is a municipal transit district with jurisdiction 
over a specific geographic area of more than 4,500 square 
miles, or (iv) that is a local workforce investment area with 
jurisdiction over a specific geographic area of more than 4,500 
square miles is held simultaneously at one of its offices and 
one or more other locations in a public building, which may 
include other of its offices, through an interactive video 
conference and the public body provides public notice and 
public access as required under this Act for all locations, 
then members physically present in those locations all count 
towards determining a quorum. "Public building", as used in 
this Section, means any building or portion thereof owned or 
leased by any public body. The requirement that a quorum be 
physically present at the location of an open  meeting shall not 
apply, however, to State advisory boards or bodies that do not 
have authority to make binding recommendations or 
determinations or to take any other substantive action.

    A quorum of members of a public body that is not (i) a 
public body with statewide jurisdiction, (ii) an Illinois 
library system with jurisdiction over a specific geographic 
area of more than 4,500 square miles, or (iii) a municipal 
transit district with jurisdiction over a specific geographic 
area of more than 4,500 square miles, or (iv) a local workforce 
investment area with jurisdiction over a specific geographic 
area of more than 4,500 square miles must be physically present 
at the location of a closed meeting. Other members who are not 
physically present at a closed meeting of such a public body 
may participate in the meeting by means of a video or audio 
conference.
For the purposes of this Section, "local workforce 
investment area" means any local workforce investment area or 
areas  designated by the Governor pursuant to the federal 
Workforce Investment Act of 1998 or its reauthorizing 
legislation. 
(Source: P.A. 96-664, eff. 8-25-09; 96-1043, eff. 1-1-11.)".

 
    (5 ILCS 120/7)

    Sec. 7. Attendance by a means other than physical presence.
    (a) If a
quorum of the members of the public body is 
physically present as required by Section 2.01, a majority of 
the public body may allow a member of that body to attend the 
meeting by other means if the member is prevented from 
physically
attending because of: (i) personal illness or 
disability; (ii) employment purposes or
the
business of the 
public body; or (iii) a family or other emergency.
"Other 
means" is by video or audio conference.

    (b) If a member wishes to attend a meeting by other means, 
the
member must notify the
recording secretary or clerk of the

public body before the meeting unless
advance notice is 
impractical.

    (c) A majority of the public body may allow a member to 
attend a meeting by other means only in accordance with and to 
the extent allowed by rules adopted by the public body. The 
rules must conform to the requirements and restrictions of this 
Section, may further limit the extent to which attendance by 
other means is allowed, and may provide for the giving of 
additional notice to the public or further facilitate public 
access to meetings.

    (d) The limitations of this Section shall not apply to (i) 
closed meetings of (A) public bodies with statewide 
jurisdiction, (B) Illinois library systems with jurisdiction 
over a specific geographic area of more than 4,500 square 
miles, or (C) municipal transit districts with jurisdiction 
over a specific geographic area of more than 4,500 square 
miles, or (D) local workforce investment areas with 
jurisdiction over a specific geographic area of more than 4,500 
square miles or (ii) open or closed meetings of State advisory 
boards or bodies that do not have authority to make binding 
recommendations or determinations or to take any other 
substantive action. State advisory boards or bodies, public 
bodies with statewide jurisdiction, Illinois library systems 
with jurisdiction over a specific geographic area of more than 
4,500 square miles, and municipal transit districts with 
jurisdiction over a specific geographic area of more than 4,500 
square miles, and local workforce investment areas with 
jurisdiction over a specific geographic area of more than 4,500 
square miles, however, may permit members to attend meetings by 
other means only in accordance with and to the extent allowed 
by specific procedural rules adopted by the body.
For the 
purposes of this Section, "local workforce investment area" 
means any local workforce investment area or areas  designated 
by the Governor pursuant to the federal Workforce Investment 
Act of 1998 or its reauthorizing legislation. 

(Source: P.A. 96-664, eff. 8-25-09; 96-1043, eff. 1-1-11.)
 

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