HB5288 96TH GENERAL ASSEMBLY

LRB096 16333 JAM 31595 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5288

Introduced 2/3/2010, by Rep. Mike Bost

SYNOPSIS AS INTRODUCED:

5 ILCS 120/1.02	from Ch. 102, par. 41.02
5 ILCS 120/1.03 new

Amends the Open Meetings Act. Provides that communications by and among community college trustees on an Internet blog do not constitute a meeting under certain circumstances.

A BILL FOR

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 Section 1.02 and by adding Section 1.03 as follows:

(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)

Sec. 1.02. For the purposes of this Act:

"Meeting", except as provided in Section 1.03, means any gathering, whether in person or by video or audio conference, telephone call, electronic means (such as, without limitation, electronic mail, electronic chat, and instant messaging), or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a public body held for the purpose of discussing public business or, for a 5-member public body, a quorum of the members of a public body held for the purpose of discussing public business.

Accordingly, for a 5-member public body, 3 members of the body constitute a quorum and the affirmative vote of 3 members is necessary to adopt any motion, resolution, or ordinance, unless a greater number is otherwise required.

"Public body" includes all legislative, executive, administrative or advisory bodies of the State, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, and any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees which are supported in whole or in part by tax revenue, or which expend tax revenue, except the General Assembly and committees or commissions thereof. "Public body" includes tourism boards and convention or civic center boards located in counties that are contiguous to the Mississippi River with populations of more than 250,000 but less than 300,000. "Public body" includes the Health Facilities and Services Review Board. "Public body" does not include a child death review team or the Illinois Child Death Review Teams Executive Council established under the Child Death Review Team Act or an ethics commission acting under the State Officials and Employees Ethics Act.

(Source: P.A. 95-245, eff. 8-17-07; 96-31, eff. 6-30-09.)

(5 ILCS 120/1.03 new)

Sec. 1.03. Community college trustee blogs. Communications on an Internet blog by members of the board of trustees of a community college subject to the Public Community College Act that otherwise constitute a meeting subject to this Act do not constitute a meeting subject to this Act when:

(1) the Internet blog is freely accessible by the public;

(2) during a session of communications by and among the community college trustees that otherwise would constitute a meeting subject to this Act, the Internet blog permits communications by and among only current trustees of the community college board and no other person; and

(3) notice of a communication session available to trustees of the community college board has been posted on the blog and on the community college's official website, if any, at least 24 hours before the session begins.