Full Text of HB0776 95th General Assembly
HB0776 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0776
Introduced 2/7/2007, by Rep. David R. Leitch SYNOPSIS AS INTRODUCED: |
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5 ILCS 120/2.01 |
from Ch. 102, par. 42.01 |
5 ILCS 120/7 |
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Amends the Open Meetings Act. Permits any public body (now, only one with statewide jurisdiction) to satisfy the requirement for physical presence of a quorum at an open meeting by the physical presence of a quorum at more than one location where the meeting is held simultaneously. With respect to a public body with less than statewide jurisdiction, removes the requirement that a quorum of the public body's members be physically present at its closed meetings.
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A BILL FOR
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HB0776 |
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LRB095 06391 JAM 26488 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Open Meetings Act is amended by changing | 5 |
| 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 | 8 |
| shall be held at
specified times and places which are | 9 |
| convenient and open
to the public. No meeting
required by this | 10 |
| Act to be public shall be held on a legal holiday unless
the | 11 |
| regular meeting day falls on that holiday.
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| A quorum of members of a public body must be physically | 13 |
| present at the location of an open meeting. If, however, an | 14 |
| open meeting of a public body (except one with jurisdiction | 15 |
| limited to a specific geographic area that is less than | 16 |
| statewide) is held simultaneously at one of its offices and one | 17 |
| or more other locations in a public building, which may include | 18 |
| other of its offices, through an interactive video conference | 19 |
| and the public body provides public notice and public access as | 20 |
| required under this Act for all locations, then members | 21 |
| physically present in those locations all count towards | 22 |
| determining a quorum. "Public building", as used in this | 23 |
| Section, means any building or portion thereof owned or leased |
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HB0776 |
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LRB095 06391 JAM 26488 b |
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| by any public body. The requirement that a quorum be physically | 2 |
| present at the location of an open meeting shall not apply, | 3 |
| however, to State advisory boards or bodies that do not have | 4 |
| authority to make binding recommendations or determinations or | 5 |
| to take any other substantive action.
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| Members
A quorum of members of a public body that is not a | 7 |
| public body with statewide jurisdiction must be physically | 8 |
| present at the location of a closed meeting. Other members who | 9 |
| are not physically present at a closed meeting of such a public | 10 |
| body may participate in the meeting by means of a video or | 11 |
| 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. | 15 |
| (a) If a
quorum of the members of the public body is | 16 |
| physically present as required by Section 2.01, or if a public | 17 |
| body with less than statewide jurisdiction holds a closed | 18 |
| meeting, a majority of the public body may allow a member of | 19 |
| that body to attend the meeting by other means than physical | 20 |
| presence if the member is prevented from physically
attending | 21 |
| because of: (i) personal illness or disability; (ii) employment | 22 |
| purposes or
the
business of the public body; or (iii) a family | 23 |
| or other emergency.
"Other means" is by video or audio | 24 |
| conference.
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| (b) If a member wishes to attend a meeting by other means, |
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HB0776 |
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LRB095 06391 JAM 26488 b |
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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 | 3 |
| impractical.
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| (c) A majority of the public body may allow a member to | 5 |
| attend a meeting by other means only in accordance with and to | 6 |
| the extent allowed by rules adopted by the public body. The | 7 |
| rules must conform to the requirements and restrictions of this | 8 |
| Section, may further limit the extent to which attendance by | 9 |
| other means is allowed, and may provide for the giving of | 10 |
| additional notice to the public or further facilitate public | 11 |
| access to meetings.
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| (d) The limitations of this Section shall not apply to (i) | 13 |
| closed meetings of public bodies with statewide jurisdiction or | 14 |
| (ii) open or closed meetings of State advisory boards or bodies | 15 |
| that do not have authority to make binding recommendations or | 16 |
| determinations or to take any other substantive action. State | 17 |
| advisory boards or bodies and public bodies with statewide | 18 |
| jurisdiction, however, may permit members to attend meetings by | 19 |
| other means only in accordance with and to the extent allowed | 20 |
| 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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