Full Text of HB2874 098th General Assembly
HB2874 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2874 Introduced , by Rep. Brad E. Halbrook SYNOPSIS AS INTRODUCED: |
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5 ILCS 120/2.02 | from Ch. 102, par. 42.02 |
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Amends the Open Meetings Act. Deletes a provision which provided that if a notice or agenda is not continuously available for the required period due to actions outside of the control of the public body, then that lack of availability does not invalidate any meeting or action taken at a meeting. Effective immediately.
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| | A BILL FOR |
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| 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 | | Section 2.02 as follows:
| 6 | | (5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
| 7 | | Sec. 2.02. Public notice of all meetings, whether open or | 8 | | closed to
the public, shall be given as follows:
| 9 | | (a) Every public body shall give public notice
of the | 10 | | schedule of regular meetings at the beginning of each calendar | 11 | | or fiscal
year and shall state the regular dates, times, and | 12 | | places of such meetings.
An agenda for each regular meeting | 13 | | shall be posted at the principal office of
the public body and | 14 | | at the location where the meeting is to be held at least 48 | 15 | | hours in
advance of the holding of the meeting. A public body | 16 | | that has a website that the full-time staff of the public body | 17 | | maintains shall also post on its website the agenda of any | 18 | | regular meetings of the governing body of that public body. Any | 19 | | agenda of a regular meeting that is posted on a public body's | 20 | | website shall remain posted on the website until the regular | 21 | | meeting is concluded. The requirement of a regular
meeting | 22 | | agenda shall not preclude the consideration of items not | 23 | | specifically
set forth in the agenda.
Public
notice of any |
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| 1 | | special meeting except a meeting held in the event of a
bona | 2 | | fide emergency, or of any rescheduled regular meeting, or of | 3 | | any
reconvened meeting, shall be given at least 48 hours before | 4 | | such
meeting, which notice shall also include the agenda for | 5 | | the special,
rescheduled,
or reconvened meeting, but the | 6 | | validity of any action taken by the public
body which is | 7 | | germane to a subject on the agenda shall not be affected by
| 8 | | other errors or omissions in the agenda. The requirement
of | 9 | | public notice of reconvened meetings does
not apply to any case | 10 | | where the meeting was open to the public and (1)
it is to be | 11 | | reconvened within 24 hours, or (2) an announcement of
the time | 12 | | and place of the reconvened meeting was
made at the original | 13 | | meeting and there is no change in the agenda. Notice
of an | 14 | | emergency meeting shall be given as soon as practicable, but in | 15 | | any
event prior to the holding of such meeting, to any news | 16 | | medium which has
filed an annual request for notice under | 17 | | subsection (b) of this Section.
| 18 | | (b) Public notice shall be given by posting a copy of the | 19 | | notice at the
principal office of the body holding the meeting | 20 | | or, if no such office exists,
at the building in which the | 21 | | meeting
is to be held. In addition, a public body that has a | 22 | | website that the full-time staff of the public body maintains | 23 | | shall post notice on its website of all meetings of the | 24 | | governing body of the public body. Any notice of an annual | 25 | | schedule of meetings shall remain on the website until a new | 26 | | public notice of the schedule of regular meetings is approved. |
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| 1 | | Any notice of a regular meeting that is posted on a public | 2 | | body's website shall remain posted on the website until the | 3 | | regular meeting is concluded. The body shall supply copies of | 4 | | the notice of its regular
meetings, and of the notice of any | 5 | | special,
emergency, rescheduled or reconvened meeting, to any | 6 | | news medium
that has filed an annual request for such notice. | 7 | | Any such news
medium shall also be given the same notice of all | 8 | | special,
emergency, rescheduled or reconvened meetings in the | 9 | | same manner as
is given to members of the body provided such | 10 | | news medium has given the
public body an address or telephone | 11 | | number within the territorial jurisdiction
of the public body | 12 | | at which such notice may be given. The failure of a public body | 13 | | to post on its website notice of any meeting or the agenda of | 14 | | any meeting shall not invalidate any meeting or any actions | 15 | | taken at a meeting.
| 16 | | (c) Any agenda required under this Section shall set forth | 17 | | the general subject matter of any resolution or ordinance that | 18 | | will be the subject of final action at the meeting. The public | 19 | | body conducting a public meeting shall ensure that at least one | 20 | | copy of any requested notice and agenda for the meeting is | 21 | | continuously available for public review during the entire | 22 | | 48-hour period preceding the meeting. Posting of the notice and | 23 | | agenda on a website that is maintained by the public body | 24 | | satisfies the requirement for continuous posting under this | 25 | | subsection (c). If a notice or agenda is not continuously | 26 | | available for the full 48-hour period due to actions outside of |
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| 1 | | the control of the public body, then that lack of availability | 2 | | does not invalidate any meeting or action taken at a meeting. | 3 | | (Source: P.A. 97-827, eff. 1-1-13.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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