Full Text of HB5329 096th General Assembly
HB5329enr 96TH GENERAL ASSEMBLY
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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 (i) with statewide jurisdiction , | 15 |
| or (ii) that is an Illinois library system with jurisdiction | 16 |
| over a specific geographic area of more than 4,500 square | 17 |
| miles , or (iii) that is a municipal transit district with | 18 |
| jurisdiction over a specific geographic area of more than 4,500 | 19 |
| square miles is held simultaneously at one of its offices and | 20 |
| one or more other locations in a public building, which may | 21 |
| include other of its offices, through an interactive video | 22 |
| conference and the public body provides public notice and | 23 |
| public access as required under this Act for all locations, |
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| then members physically present in those locations all count | 2 |
| towards determining a quorum. "Public building", as used in | 3 |
| this Section, means any building or portion thereof owned or | 4 |
| leased by any public body. The requirement that a quorum be | 5 |
| physically present at the location of an open meeting shall not | 6 |
| apply, however, to State advisory boards or bodies that do not | 7 |
| have authority to make binding recommendations or | 8 |
| determinations or to take any other substantive action.
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| A quorum of members of a public body that is not (i) a | 10 |
| public body with statewide jurisdiction , or (ii) a public body | 11 |
| that is an Illinois library system with jurisdiction over a | 12 |
| specific geographic area of more than 4,500 square miles , or | 13 |
| (iii) a municipal transit district with jurisdiction over a | 14 |
| specific geographic area of more than 4,500 square miles must | 15 |
| be physically present at the location of a closed meeting. | 16 |
| Other members who are not physically present at a closed | 17 |
| meeting of such a public body may participate in the meeting by | 18 |
| means of a video or audio conference.
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| (Source: P.A. 96-664, eff. 8-25-09.)
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| (5 ILCS 120/7)
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| Sec. 7. Attendance by a means other than physical presence. | 22 |
| (a) If a
quorum of the members of the public body is | 23 |
| physically present as required by Section 2.01, a majority of | 24 |
| the public body may allow a member of that body to attend the | 25 |
| meeting by other means if the member is prevented from |
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| physically
attending because of: (i) personal illness or | 2 |
| disability; (ii) employment purposes or
the
business of the | 3 |
| public body; or (iii) a family or other emergency.
"Other | 4 |
| means" is by video or audio conference.
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| (b) If a member wishes to attend a meeting by other means, | 6 |
| the
member must notify the
recording secretary or clerk of the
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| public body before the meeting unless
advance notice is | 8 |
| impractical.
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| (c) A majority of the public body may allow a member to | 10 |
| attend a meeting by other means only in accordance with and to | 11 |
| the extent allowed by rules adopted by the public body. The | 12 |
| rules must conform to the requirements and restrictions of this | 13 |
| Section, may further limit the extent to which attendance by | 14 |
| other means is allowed, and may provide for the giving of | 15 |
| additional notice to the public or further facilitate public | 16 |
| access to meetings.
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| (d) The limitations of this Section shall not apply to (i) | 18 |
| closed meetings of (A) public bodies with statewide | 19 |
| jurisdiction , (B) or that are Illinois library systems with | 20 |
| jurisdiction over a specific geographic area of more than 4,500 | 21 |
| square miles , or (C) municipal transit districts with | 22 |
| jurisdiction over a specific geographic area of more than 4,500 | 23 |
| square miles or (ii) open or closed meetings of State advisory | 24 |
| boards or bodies that do not have authority to make binding | 25 |
| recommendations or determinations or to take any other | 26 |
| substantive action. State advisory boards or bodies , and public |
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| bodies with statewide jurisdiction , or that are Illinois | 2 |
| library systems with jurisdiction over a specific geographic | 3 |
| area of more than 4,500 square miles , and municipal transit | 4 |
| districts with jurisdiction over a specific geographic area of | 5 |
| more than 4,500 square miles , however, may permit members to | 6 |
| attend meetings by other means only in accordance with and to | 7 |
| the extent allowed by specific procedural rules adopted by the | 8 |
| body.
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| (Source: P.A. 96-664, eff. 8-25-09.)
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