Executive Committee
Filed: 3/31/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 793




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    AMENDMENT NO. ______. Amend House Bill 793 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Open Meetings Act is amended  by changing 
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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 
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shall be held at
specified times and places which are 
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convenient and open
to the public. No meeting
required by this 
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Act to be public shall be held on a legal holiday unless
the 
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regular meeting day falls on that holiday.

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    A quorum of members of a public body must be physically 
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present at the location of an open meeting. If, however, an 
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open  meeting of  a public body (i) with statewide jurisdiction 
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or (ii) that is an Illinois library system with jurisdiction 
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over a specific geographic area of more than 4,500 square miles 
 


 






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(except one with jurisdiction limited to a specific geographic 
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area that is less than statewide) is held simultaneously at one 
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of its offices and one or more other locations in a public 
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building, which may include other of its offices, through an 
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interactive video conference and the public body provides 
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public notice and public access as required under this Act for 
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all locations, then members physically present in those 
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locations all count towards determining a quorum. "Public 
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building", as used in this Section, means any building or 
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portion thereof owned or leased by any public body. The 
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requirement that a quorum be physically present at the location 
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of an open  meeting shall not apply, however, to State advisory 
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boards or bodies that do not have authority to make binding 
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recommendations or determinations or to take any other 
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substantive action.

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    A quorum of members of a public body that is not (i) a 
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public body with statewide jurisdiction or (ii) a public body 
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that is an Illinois library system with jurisdiction over a 
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specific geographic area of more than 4,500 square miles must 
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be physically present at the location of a closed meeting. 
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Other members who are not physically present at a closed 
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meeting of such a public body may participate in the meeting by 
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means of a video or audio conference.

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

 
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    (5 ILCS 120/7)

 


 






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

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

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public body before the meeting unless
advance notice is 
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impractical.

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

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    (d) The limitations of this Section shall not apply to (i) 
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closed meetings of public bodies with statewide jurisdiction or 
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that are Illinois library systems with jurisdiction over a 
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specific geographic area of more than 4,500 square miles or 
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(ii) open or closed meetings of State advisory boards or bodies 
 


 






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that do not have authority to make binding recommendations or 
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determinations or to take any other substantive action. State 
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advisory boards or bodies and public bodies with statewide 
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jurisdiction or that are Illinois library systems with 
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jurisdiction over a specific geographic area of more than 4,500 
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square miles, however, may permit members to attend meetings by 
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other means only in accordance with and to the extent allowed 
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by specific procedural rules adopted by the body.


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

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