Full Text of HB3411 95th General Assembly
HB3411 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3411
Introduced 2/27/2007, by Rep. Joe Dunn SYNOPSIS AS INTRODUCED: |
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5 ILCS 120/1.02 |
from Ch. 102, par. 41.02 |
5 ILCS 120/7 |
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Amends the Open Meetings Act. Removes electronic mail when used to set a meeting agenda as one of the means by which a gathering of a majority of a quorum of the members of a public body to discuss public business constitutes a meeting subject to the Act. Adds "vacation" to the list of reasons why a public body, required to have a quorum physically present at its meeting, may permit a member in excess of the quorum to attend by other means than physical presence. Provides that a member attending by other means due to vacation is not eligible to receive pay or compensation based on that attendance. Effective immediately.
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A BILL FOR
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HB3411 |
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LRB095 11428 JAM 32290 b |
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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 1.02 and 7 as follows: | 6 |
| (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
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| Sec. 1.02. For the purposes of this Act:
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| "Meeting" means any gathering, whether in person or by | 9 |
| video or audio conference, telephone call, electronic means | 10 |
| (such as, without limitation, electronic mail (other than for | 11 |
| the setting of a meeting agenda) , electronic chat , and instant | 12 |
| messaging), or other means of contemporaneous interactive | 13 |
| communication, of a majority of a quorum of the members of a
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| public body held for the purpose of discussing public
business.
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| "Public body" includes all legislative, executive, | 16 |
| administrative or advisory
bodies of the State, counties, | 17 |
| townships, cities, villages, incorporated
towns, school | 18 |
| districts and all other municipal corporations, boards, | 19 |
| bureaus,
committees or commissions of this State, and any | 20 |
| subsidiary bodies of any
of the foregoing including but not | 21 |
| limited to committees and subcommittees
which are supported in | 22 |
| whole or in part by tax revenue, or which expend tax
revenue, | 23 |
| except the General Assembly and committees or commissions |
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LRB095 11428 JAM 32290 b |
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| thereof.
"Public body" includes tourism boards and convention | 2 |
| or civic center
boards located in counties that are contiguous | 3 |
| to the Mississippi River with
populations of more than 250,000 | 4 |
| but less than 300,000. "Public body"
includes the Health | 5 |
| Facilities Planning Board. "Public body" does not
include a | 6 |
| child death review team or the Illinois Child Death Review | 7 |
| Teams
Executive Council established under
the Child Death | 8 |
| Review Team Act or an ethics commission acting under the State | 9 |
| Officials and
Employees Ethics Act.
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| (Source: P.A. 93-617, eff. 12-9-03; 94-1058, eff. 1-1-07.)
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| (5 ILCS 120/7)
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| Sec. 7. Attendance by a means other than physical presence. | 13 |
| (a) If a
quorum of the members of the public body is | 14 |
| physically present as required by Section 2.01, a majority of | 15 |
| the public body may allow a member of that body to attend the | 16 |
| meeting by other means if the member is prevented from | 17 |
| physically
attending because of: (i) personal illness or | 18 |
| disability; (ii) employment purposes or
the
business of the | 19 |
| public body; or (iii) a family or other emergency ; or (iv) | 20 |
| vacation .
"Other means" is by video or audio conference. If a | 21 |
| member attends a meeting by other means because the member is | 22 |
| on vacation, then the member is not eligible to receive any pay | 23 |
| or compensation based on that attendance.
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| (b) If a member wishes to attend a meeting by other means, | 25 |
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member must notify the
recording secretary or clerk of the
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| public body before the meeting unless
advance notice is | 2 |
| impractical.
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| (c) A majority of the public body may allow a member to | 4 |
| attend a meeting by other means only in accordance with and to | 5 |
| the extent allowed by rules adopted by the public body. The | 6 |
| rules must conform to the requirements and restrictions of this | 7 |
| Section, may further limit the extent to which attendance by | 8 |
| other means is allowed, and may provide for the giving of | 9 |
| additional notice to the public or further facilitate public | 10 |
| access to meetings.
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| (d) The limitations of this Section shall not apply to (i) | 12 |
| closed meetings of public bodies with statewide jurisdiction or | 13 |
| (ii) open or closed meetings of State advisory boards or bodies | 14 |
| that do not have authority to make binding recommendations or | 15 |
| determinations or to take any other substantive action. State | 16 |
| advisory boards or bodies and public bodies with statewide | 17 |
| jurisdiction, however, may permit members to attend meetings by | 18 |
| other means only in accordance with and to the extent allowed | 19 |
| by specific procedural rules adopted by the body.
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| (Source: P.A. 94-1058, eff. 1-1-07.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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