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Public Act 098-0992 |
HB3798 Enrolled | LRB098 15355 OMW 50384 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Open Meetings Act is amended by changing |
Sections 2.01 and 7 as follows:
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(5 ILCS 120/2.01) (from Ch. 102, par. 42.01)
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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.
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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 |
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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.
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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. |
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(Source: P.A. 96-664, eff. 8-25-09; 96-1043, eff. 1-1-11.)".
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(5 ILCS 120/7)
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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.
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(b) If a member wishes to attend a meeting by other means, |
the
member must notify the
recording secretary or clerk of the
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public body before the meeting unless
advance notice is |
impractical.
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(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.
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(d) The limitations of this Section shall not apply to (i) |
closed meetings of (A) public bodies with statewide |
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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.
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(Source: P.A. 96-664, eff. 8-25-09; 96-1043, eff. 1-1-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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