|
Sen. Carole Pankau
Filed: 5/10/2011
| | 09700HB3131sam002 | | LRB097 10837 JDS 55430 a |
|
|
| 1 | | AMENDMENT TO HOUSE BILL 3131
|
| 2 | | AMENDMENT NO. ______. Amend House Bill 3131 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 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 least 48 hours in advance of the holding of |
| 14 | | the meeting, at the principal office of
the public body and at |
| 15 | | the location where the meeting is to be held at least 48 hours |
| 16 | | in
advance of the holding of the meeting. A public body that |
|
| | 09700HB3131sam002 | - 2 - | LRB097 10837 JDS 55430 a |
|
|
| 1 | | has a website that the full-time staff of the public body |
| 2 | | maintains shall also post on its website, at least 48 hours in |
| 3 | | advance of the holding of the meeting, the agenda of any |
| 4 | | regular meetings of the governing body of that public body. If |
| 5 | | a public body does not have a website that the full-time staff |
| 6 | | of the public body maintains, then the public body must, during |
| 7 | | the entire 48-hour period preceding the meeting, post a copy of |
| 8 | | the agenda at one of the locations required under this Section |
| 9 | | so that the agenda will be continuously available for public |
| 10 | | review. Any agenda of a regular meeting that is posted on a |
| 11 | | public body's website shall remain posted on the website until |
| 12 | | the regular meeting is concluded. The requirement of a regular
|
| 13 | | meeting agenda shall not preclude the consideration of items |
| 14 | | not specifically
set forth in the agenda.
Public
notice of any |
| 15 | | special meeting except a meeting held in the event of a
bona |
| 16 | | fide emergency, or of any rescheduled regular meeting, or of |
| 17 | | any
reconvened meeting, shall be given at least 48 hours before |
| 18 | | such
meeting, which notice shall also include the agenda for |
| 19 | | the special,
rescheduled,
or reconvened meeting, but the |
| 20 | | validity of any action taken by the public
body which is |
| 21 | | germane to a subject on the agenda shall not be affected by
|
| 22 | | other errors or omissions in the agenda. The requirement
of |
| 23 | | public notice of reconvened meetings does
not apply to any case |
| 24 | | where the meeting was open to the public and (1)
it is to be |
| 25 | | reconvened within 24 hours, or (2) an announcement of
the time |
| 26 | | and place of the reconvened meeting was
made at the original |
|
| | 09700HB3131sam002 | - 3 - | LRB097 10837 JDS 55430 a |
|
|
| 1 | | meeting and there is no change in the agenda. Notice
of an |
| 2 | | emergency meeting shall be given as soon as practicable, but in |
| 3 | | any
event prior to the holding of such meeting, to any news |
| 4 | | medium which has
filed an annual request for notice under |
| 5 | | subsection (b) of this Section.
|
| 6 | | (b) Public notice shall be given by posting a copy of the |
| 7 | | notice at the
principal office of the body holding the meeting |
| 8 | | or, if no such office exists,
at the building in which the |
| 9 | | meeting
is to be held. In addition, a public body that has a |
| 10 | | website that the full-time staff of the public body maintains |
| 11 | | shall post notice on its website of all meetings of the |
| 12 | | governing body of the public body. Any notice of an annual |
| 13 | | schedule of meetings shall remain on the website until a new |
| 14 | | public notice of the schedule of regular meetings is approved. |
| 15 | | Any notice of a regular meeting that is posted on a public |
| 16 | | body's website shall remain posted on the website until the |
| 17 | | regular meeting is concluded. The body shall supply copies of |
| 18 | | the notice of its regular
meetings, and of the notice of any |
| 19 | | special,
emergency, rescheduled or reconvened meeting, to any |
| 20 | | news medium
that has filed an annual request for such notice. |
| 21 | | Any such news
medium shall also be given the same notice of all |
| 22 | | special,
emergency, rescheduled or reconvened meetings in the |
| 23 | | same manner as
is given to members of the body provided such |
| 24 | | news medium has given the
public body an address or telephone |
| 25 | | number within the territorial jurisdiction
of the public body |
| 26 | | at which such notice may be given. The failure of a public body |
|
| | 09700HB3131sam002 | - 4 - | LRB097 10837 JDS 55430 a |
|
|
| 1 | | to post on its website notice of any meeting or the agenda of |
| 2 | | any meeting shall not invalidate any meeting or any actions |
| 3 | | taken at a meeting.
|
| 4 | | (c) A required notice or agenda that is posted by a public |
| 5 | | body in accordance with the provisions of this Section but that |
| 6 | | is not continuously available during the entire 48-hour period |
| 7 | | in advance of a public meeting due to actions outside the |
| 8 | | control of the public body shall not invalidate any meeting or |
| 9 | | any action taken at a meeting. |
| 10 | | (Source: P.A. 94-28, eff. 1-1-06.)".
|