Rep. Frank J. Mautino

Filed: 3/13/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3798

2    AMENDMENT NO. ______. Amend House Bill 3798 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Open Meetings Act is amended by changing
5Sections 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
8shall be held at specified times and places which are
9convenient and open to the public. No meeting required by this
10Act to be public shall be held on a legal holiday unless the
11regular meeting day falls on that holiday.
12    A quorum of members of a public body must be physically
13present at the location of an open meeting. If, however, an
14open meeting of a public body (i) with statewide jurisdiction,
15(ii) that is an Illinois library system with jurisdiction over
16a specific geographic area of more than 4,500 square miles, or

 

 

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1(iii) that is a municipal transit district with jurisdiction
2over a specific geographic area of more than 4,500 square
3miles, or (iv) that is a local workforce investment area with
4jurisdiction over a specific geographic area of more than 4,500
5square miles is held simultaneously at one of its offices and
6one or more other locations in a public building, which may
7include other of its offices, through an interactive video
8conference and the public body provides public notice and
9public access as required under this Act for all locations,
10then members physically present in those locations all count
11towards determining a quorum. "Public building", as used in
12this Section, means any building or portion thereof owned or
13leased by any public body. The requirement that a quorum be
14physically present at the location of an open meeting shall not
15apply, however, to State advisory boards or bodies that do not
16have authority to make binding recommendations or
17determinations or to take any other substantive action.
18    A quorum of members of a public body that is not (i) a
19public body with statewide jurisdiction, (ii) an Illinois
20library system with jurisdiction over a specific geographic
21area of more than 4,500 square miles, or (iii) a municipal
22transit district with jurisdiction over a specific geographic
23area of more than 4,500 square miles, or (iv) a local workforce
24investment area with jurisdiction over a specific geographic
25area of more than 4,500 square miles must be physically present
26at the location of a closed meeting. Other members who are not

 

 

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1physically present at a closed meeting of such a public body
2may participate in the meeting by means of a video or audio
3conference. For the purposes of this Section, "local workforce
4investment area" means any local workforce investment area or
5areas designated by the Governor pursuant to the federal
6Workforce Investment Act of 1998 or its reauthorizing
7legislation.
8(Source: P.A. 96-664, eff. 8-25-09; 96-1043, eff. 1-1-11.)".
 
9    (5 ILCS 120/7)
10    Sec. 7. Attendance by a means other than physical presence.
11    (a) If a quorum of the members of the public body is
12physically present as required by Section 2.01, a majority of
13the public body may allow a member of that body to attend the
14meeting by other means if the member is prevented from
15physically attending because of: (i) personal illness or
16disability; (ii) employment purposes or the business of the
17public body; or (iii) a family or other emergency. "Other
18means" is by video or audio conference.
19    (b) If a member wishes to attend a meeting by other means,
20the member must notify the recording secretary or clerk of the
21public body before the meeting unless advance notice is
22impractical.
23    (c) A majority of the public body may allow a member to
24attend a meeting by other means only in accordance with and to
25the extent allowed by rules adopted by the public body. The

 

 

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1rules must conform to the requirements and restrictions of this
2Section, may further limit the extent to which attendance by
3other means is allowed, and may provide for the giving of
4additional notice to the public or further facilitate public
5access to meetings.
6    (d) The limitations of this Section shall not apply to (i)
7closed meetings of (A) public bodies with statewide
8jurisdiction, (B) Illinois library systems with jurisdiction
9over a specific geographic area of more than 4,500 square
10miles, or (C) municipal transit districts with jurisdiction
11over a specific geographic area of more than 4,500 square
12miles, or (D) local workforce investment areas with
13jurisdiction over a specific geographic area of more than 4,500
14square miles or (ii) open or closed meetings of State advisory
15boards or bodies that do not have authority to make binding
16recommendations or determinations or to take any other
17substantive action. State advisory boards or bodies, public
18bodies with statewide jurisdiction, Illinois library systems
19with jurisdiction over a specific geographic area of more than
204,500 square miles, and municipal transit districts with
21jurisdiction over a specific geographic area of more than 4,500
22square miles, and local workforce investment areas with
23jurisdiction over a specific geographic area of more than 4,500
24square miles, however, may permit members to attend meetings by
25other means only in accordance with and to the extent allowed
26by specific procedural rules adopted by the body. For the

 

 

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1purposes of this Section, "local workforce investment area"
2means any local workforce investment area or areas designated
3by the Governor pursuant to the federal Workforce Investment
4Act of 1998 or its reauthorizing legislation.
5(Source: P.A. 96-664, eff. 8-25-09; 96-1043, eff. 1-1-11.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".