Full Text of HB0793 96th General Assembly
HB0793 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0793
Introduced 2/9/2009, by Rep. Dave Winters SYNOPSIS AS INTRODUCED: |
|
5 ILCS 120/2.01 |
from Ch. 102, par. 42.01 |
5 ILCS 120/7 |
|
|
Amends the Open Meetings Act. Permits a public body with statewide jurisdiction or with jurisdiction over more than 4,500 square miles to include members participating in a video or audio conference at specified locations when determining the physical presence of a quorum at an open meeting (now, a public body with statewide jurisdiction may include members participating in a video conference at specified locations when determining the physical presence of a quorum at an open meeting). Provides that the requirement that members of a public body with less than statewide jurisdiction be physically present at a closed meeting is limited to public bodies with jurisdiction over 4,500 or fewer square miles. Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB0793 |
|
LRB096 04548 JAM 14603 b |
|
| 1 |
| AN ACT concerning government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Open Meetings Act is amended by changing | 5 |
| Sections 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 | 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.
| 12 |
| 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 4,500 or fewer | 16 |
| square miles less than statewide ) is held simultaneously at one | 17 |
| of its offices and one or more other locations in a public | 18 |
| building, which may include other of its offices, through an | 19 |
| interactive video or audio conference and the public body | 20 |
| provides public notice and public access as required under this | 21 |
| Act for all locations, then members physically present in those | 22 |
| locations all count towards determining a quorum. "Public | 23 |
| building", as used in this Section, means any building or |
|
|
|
HB0793 |
- 2 - |
LRB096 04548 JAM 14603 b |
|
| 1 |
| portion thereof owned or leased by any public body. The | 2 |
| requirement that a quorum be physically present at the location | 3 |
| of an open meeting shall not apply, however, to State advisory | 4 |
| boards or bodies that do not have authority to make binding | 5 |
| recommendations or determinations or to take any other | 6 |
| substantive action.
| 7 |
| A quorum of members of a public body that is not a public | 8 |
| body with statewide jurisdiction or with jurisdiction over a | 9 |
| specific geographic area of more than 4,500 square miles must | 10 |
| be physically present at the location of a closed meeting. | 11 |
| Other members who are not physically present at a closed | 12 |
| meeting of such a public body may participate in the meeting by | 13 |
| means of a video or audio conference.
| 14 |
| (Source: P.A. 94-1058, eff. 1-1-07.)
| 15 |
| (5 ILCS 120/7)
| 16 |
| Sec. 7. Attendance by a means other than physical presence. | 17 |
| (a) If a
quorum of the members of the public body is | 18 |
| physically present as required by Section 2.01, a majority of | 19 |
| the public body may allow a member of that body to attend the | 20 |
| meeting by other means if the member is prevented from | 21 |
| physically
attending because of: (i) personal illness or | 22 |
| disability; (ii) employment purposes or
the
business of the | 23 |
| public body; or (iii) a family or other emergency.
"Other | 24 |
| means" is by video or audio conference.
| 25 |
| (b) If a member wishes to attend a meeting by other means, |
|
|
|
HB0793 |
- 3 - |
LRB096 04548 JAM 14603 b |
|
| 1 |
| the
member must notify the
recording secretary or clerk of the
| 2 |
| public body before the meeting unless
advance notice is | 3 |
| impractical.
| 4 |
| (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.
| 12 |
| (d) The limitations of this Section shall not apply to (i) | 13 |
| closed meetings of public bodies with statewide jurisdiction or | 14 |
| with jurisdiction over a specific geographic area of more than | 15 |
| 4,500 square miles or (ii) open or closed meetings of State | 16 |
| advisory boards or bodies that do not have authority to make | 17 |
| binding recommendations or determinations or to take any other | 18 |
| substantive action. State advisory boards or bodies and public | 19 |
| bodies with statewide jurisdiction or with jurisdiction over a | 20 |
| specific geographic area of more than 4,500 square miles , | 21 |
| however, may permit members to attend meetings by other means | 22 |
| only in accordance with and to the extent allowed by specific | 23 |
| procedural rules adopted by the body.
| 24 |
| (Source: P.A. 94-1058, eff. 1-1-07.)
| 25 |
| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
|
|