Bill Text: IL HB3798 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Open Meetings Act. Makes a technical change in a Section concerning the short title.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-08-18 - Public Act . . . . . . . . . 98-0992 [HB3798 Detail]
Download: Illinois-2013-HB3798-Amended.html
Bill Title: Amends the Open Meetings Act. Makes a technical change in a Section concerning the short title.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-08-18 - Public Act . . . . . . . . . 98-0992 [HB3798 Detail]
Download: Illinois-2013-HB3798-Amended.html
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1 | AMENDMENT TO HOUSE BILL 3798
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2 | AMENDMENT NO. ______. Amend House Bill 3798 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Open Meetings Act is amended by changing | ||||||
5 | Sections 2.01 and 7 as follows:
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6 | (5 ILCS 120/2.01) (from Ch. 102, par. 42.01)
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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.
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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 (i) with statewide jurisdiction, | ||||||
15 | (ii) that is an Illinois library system with jurisdiction over | ||||||
16 | a 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 | ||||||
2 | over a specific geographic area of more than 4,500 square | ||||||
3 | miles , or (iv) that is a local workforce investment area with | ||||||
4 | jurisdiction over a specific geographic area of more than 4,500 | ||||||
5 | square miles is held simultaneously at one of its offices and | ||||||
6 | one or more other locations in a public building, which may | ||||||
7 | include other of its offices, through an interactive video | ||||||
8 | conference and the public body provides public notice and | ||||||
9 | public access as required under this Act for all locations, | ||||||
10 | then members physically present in those locations all count | ||||||
11 | towards determining a quorum. "Public building", as used in | ||||||
12 | this Section, means any building or portion thereof owned or | ||||||
13 | leased by any public body. The requirement that a quorum be | ||||||
14 | physically present at the location of an open meeting shall not | ||||||
15 | apply, however, to State advisory boards or bodies that do not | ||||||
16 | have authority to make binding recommendations or | ||||||
17 | determinations or to take any other substantive action.
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18 | A quorum of members of a public body that is not (i) a | ||||||
19 | public body with statewide jurisdiction, (ii) an Illinois | ||||||
20 | library system with jurisdiction over a specific geographic | ||||||
21 | area of more than 4,500 square miles, or (iii) a municipal | ||||||
22 | transit district with jurisdiction over a specific geographic | ||||||
23 | area of more than 4,500 square miles , or (iv) a local workforce | ||||||
24 | investment area with jurisdiction over a specific geographic | ||||||
25 | area of more than 4,500 square miles must be physically present | ||||||
26 | at the location of a closed meeting. Other members who are not |
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1 | physically present at a closed meeting of such a public body | ||||||
2 | may participate in the meeting by means of a video or audio | ||||||
3 | conference.
For the purposes of this Section, "local workforce | ||||||
4 | investment area" means any local workforce investment area or | ||||||
5 | areas designated by the Governor pursuant to the federal | ||||||
6 | Workforce Investment Act of 1998 or its reauthorizing | ||||||
7 | legislation. | ||||||
8 | (Source: P.A. 96-664, eff. 8-25-09; 96-1043, eff. 1-1-11.)".
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9 | (5 ILCS 120/7)
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10 | Sec. 7. Attendance by a means other than physical presence. | ||||||
11 | (a) If a
quorum of the members of the public body is | ||||||
12 | physically present as required by Section 2.01, a majority of | ||||||
13 | the public body may allow a member of that body to attend the | ||||||
14 | meeting by other means if the member is prevented from | ||||||
15 | physically
attending because of: (i) personal illness or | ||||||
16 | disability; (ii) employment purposes or
the
business of the | ||||||
17 | public body; or (iii) a family or other emergency.
"Other | ||||||
18 | means" is by video or audio conference.
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19 | (b) If a member wishes to attend a meeting by other means, | ||||||
20 | the
member must notify the
recording secretary or clerk of the
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21 | public body before the meeting unless
advance notice is | ||||||
22 | impractical.
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23 | (c) A majority of the public body may allow a member to | ||||||
24 | attend a meeting by other means only in accordance with and to | ||||||
25 | the extent allowed by rules adopted by the public body. The |
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1 | rules must conform to the requirements and restrictions of this | ||||||
2 | Section, may further limit the extent to which attendance by | ||||||
3 | other means is allowed, and may provide for the giving of | ||||||
4 | additional notice to the public or further facilitate public | ||||||
5 | access to meetings.
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6 | (d) The limitations of this Section shall not apply to (i) | ||||||
7 | closed meetings of (A) public bodies with statewide | ||||||
8 | jurisdiction, (B) Illinois library systems with jurisdiction | ||||||
9 | over a specific geographic area of more than 4,500 square | ||||||
10 | miles, or (C) municipal transit districts with jurisdiction | ||||||
11 | over a specific geographic area of more than 4,500 square | ||||||
12 | miles , or (D) local workforce investment areas with | ||||||
13 | jurisdiction over a specific geographic area of more than 4,500 | ||||||
14 | square miles or (ii) open or closed meetings of State advisory | ||||||
15 | boards or bodies that do not have authority to make binding | ||||||
16 | recommendations or determinations or to take any other | ||||||
17 | substantive action. State advisory boards or bodies, public | ||||||
18 | bodies with statewide jurisdiction, Illinois library systems | ||||||
19 | with jurisdiction over a specific geographic area of more than | ||||||
20 | 4,500 square miles, and municipal transit districts with | ||||||
21 | jurisdiction over a specific geographic area of more than 4,500 | ||||||
22 | square miles, and local workforce investment areas with | ||||||
23 | jurisdiction over a specific geographic area of more than 4,500 | ||||||
24 | square miles, however, may permit members to attend meetings by | ||||||
25 | other means only in accordance with and to the extent allowed | ||||||
26 | by specific procedural rules adopted by the body.
For the |
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1 | purposes of this Section, "local workforce investment area" | ||||||
2 | means any local workforce investment area or areas designated | ||||||
3 | by the Governor pursuant to the federal Workforce Investment | ||||||
4 | Act of 1998 or its reauthorizing legislation.
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5 | (Source: P.A. 96-664, eff. 8-25-09; 96-1043, eff. 1-1-11.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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