Illinois General Assembly - Full Text of Public Act 097-0827
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Public Act 097-0827


 

Public Act 0827 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0827
 
HB4687 EnrolledLRB097 16461 JDS 61625 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
Section 2.02 as follows:
 
    (5 ILCS 120/2.02)  (from Ch. 102, par. 42.02)
    Sec. 2.02. Public notice of all meetings, whether open or
closed to the public, shall be given as follows:
    (a) Every public body shall give public notice of the
schedule of regular meetings at the beginning of each calendar
or fiscal year and shall state the regular dates, times, and
places of such meetings. An agenda for each regular meeting
shall be posted at the principal office of the public body and
at the location where the meeting is to be held at least 48
hours in advance of the holding of the meeting. A public body
that has a website that the full-time staff of the public body
maintains shall also post on its website the agenda of any
regular meetings of the governing body of that public body. Any
agenda of a regular meeting that is posted on a public body's
website shall remain posted on the website until the regular
meeting is concluded. The requirement of a regular meeting
agenda shall not preclude the consideration of items not
specifically set forth in the agenda. Public notice of any
special meeting except a meeting held in the event of a bona
fide emergency, or of any rescheduled regular meeting, or of
any reconvened meeting, shall be given at least 48 hours before
such meeting, which notice shall also include the agenda for
the special, rescheduled, or reconvened meeting, but the
validity of any action taken by the public body which is
germane to a subject on the agenda shall not be affected by
other errors or omissions in the agenda. The requirement of
public notice of reconvened meetings does not apply to any case
where the meeting was open to the public and (1) it is to be
reconvened within 24 hours, or (2) an announcement of the time
and place of the reconvened meeting was made at the original
meeting and there is no change in the agenda. Notice of an
emergency meeting shall be given as soon as practicable, but in
any event prior to the holding of such meeting, to any news
medium which has filed an annual request for notice under
subsection (b) of this Section.
    (b) Public notice shall be given by posting a copy of the
notice at the principal office of the body holding the meeting
or, if no such office exists, at the building in which the
meeting is to be held. In addition, a public body that has a
website that the full-time staff of the public body maintains
shall post notice on its website of all meetings of the
governing body of the public body. Any notice of an annual
schedule of meetings shall remain on the website until a new
public notice of the schedule of regular meetings is approved.
Any notice of a regular meeting that is posted on a public
body's website shall remain posted on the website until the
regular meeting is concluded. The body shall supply copies of
the notice of its regular meetings, and of the notice of any
special, emergency, rescheduled or reconvened meeting, to any
news medium that has filed an annual request for such notice.
Any such news medium shall also be given the same notice of all
special, emergency, rescheduled or reconvened meetings in the
same manner as is given to members of the body provided such
news medium has given the public body an address or telephone
number within the territorial jurisdiction of the public body
at which such notice may be given. The failure of a public body
to post on its website notice of any meeting or the agenda of
any meeting shall not invalidate any meeting or any actions
taken at a meeting.
    (c) Any agenda required under this Section shall set forth
the general subject matter of any resolution or ordinance that
will be the subject of final action at the meeting. The public
body conducting a public meeting shall ensure that at least one
copy of any requested notice and agenda for the meeting is
continuously available for public review during the entire
48-hour period preceding the meeting. Posting of the notice and
agenda on a website that is maintained by the public body
satisfies the requirement for continuous posting under this
subsection (c). If a notice or agenda is not continuously
available for the full 48-hour period due to actions outside of
the control of the public body, then that lack of availability
does not invalidate any meeting or action taken at a meeting.
(Source: P.A. 94-28, eff. 1-1-06.)

Effective Date: 1/1/2013