Illinois General Assembly - Full Text of Public Act 096-0664
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Public Act 096-0664


 

Public Act 0664 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0664
 
HB0793 Enrolled LRB096 04548 JAM 14603 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Open Meetings Act is amended by changing
Sections 2.01 and 7 as follows:
 
    (5 ILCS 120/2.01)  (from Ch. 102, par. 42.01)
    Sec. 2.01. All meetings required by this Act to be public
shall be held at specified times and places which are
convenient and open to the public. No meeting required by this
Act to be public shall be held on a legal holiday unless the
regular meeting day falls on that holiday.
    A quorum of members of a public body must be physically
present at the location of an open meeting. If, however, an
open meeting of a public body (i) with statewide jurisdiction
or (ii) that is an Illinois library system with jurisdiction
over a specific geographic area of more than 4,500 square miles
(except one with jurisdiction limited to a specific geographic
area that is less than statewide) is held simultaneously at one
of its offices and one or more other locations in a public
building, which may include other of its offices, through an
interactive video conference and the public body provides
public notice and public access as required under this Act for
all locations, then members physically present in those
locations all count towards determining a quorum. "Public
building", as used in this Section, means any building or
portion thereof owned or leased by any public body. The
requirement that a quorum be physically present at the location
of an open meeting shall not apply, however, to State advisory
boards or bodies that do not have authority to make binding
recommendations or determinations or to take any other
substantive action.
    A quorum of members of a public body that is not (i) a
public body with statewide jurisdiction or (ii) a public body
that is an Illinois library system with jurisdiction over a
specific geographic area of more than 4,500 square miles must
be physically present at the location of a closed meeting.
Other members who are not physically present at a closed
meeting of such a public body may participate in the meeting by
means of a video or audio conference.
(Source: P.A. 94-1058, eff. 1-1-07.)
 
    (5 ILCS 120/7)
    Sec. 7. Attendance by a means other than physical presence.
    (a) If a quorum of the members of the public body is
physically present as required by Section 2.01, a majority of
the public body may allow a member of that body to attend the
meeting by other means if the member is prevented from
physically attending because of: (i) personal illness or
disability; (ii) employment purposes or the business of the
public body; or (iii) a family or other emergency. "Other
means" is by video or audio conference.
    (b) If a member wishes to attend a meeting by other means,
the member must notify the recording secretary or clerk of the
public body before the meeting unless advance notice is
impractical.
    (c) A majority of the public body may allow a member to
attend a meeting by other means only in accordance with and to
the extent allowed by rules adopted by the public body. The
rules must conform to the requirements and restrictions of this
Section, may further limit the extent to which attendance by
other means is allowed, and may provide for the giving of
additional notice to the public or further facilitate public
access to meetings.
    (d) The limitations of this Section shall not apply to (i)
closed meetings of public bodies with statewide jurisdiction or
that are Illinois library systems with jurisdiction over a
specific geographic area of more than 4,500 square miles or
(ii) open or closed meetings of State advisory boards or bodies
that do not have authority to make binding recommendations or
determinations or to take any other substantive action. State
advisory boards or bodies and public bodies with statewide
jurisdiction or that are Illinois library systems with
jurisdiction over a specific geographic area of more than 4,500
square miles, however, may permit members to attend meetings by
other means only in accordance with and to the extent allowed
by specific procedural rules adopted by the body.
(Source: P.A. 94-1058, eff. 1-1-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2009