Public Act 098-0992
 
HB3798 EnrolledLRB098 15355 OMW 50384 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,
(ii) that is an Illinois library system with jurisdiction over
a specific geographic area of more than 4,500 square miles, or
(iii) that is a municipal transit district with jurisdiction
over a specific geographic area of more than 4,500 square
miles, or (iv) that is a local workforce investment area with
jurisdiction over a specific geographic area of more than 4,500
square miles 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, (ii) an Illinois
library system with jurisdiction over a specific geographic
area of more than 4,500 square miles, or (iii) a municipal
transit district with jurisdiction over a specific geographic
area of more than 4,500 square miles, or (iv) a local workforce
investment area 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. For the purposes of this Section, "local workforce
investment area" means any local workforce investment area or
areas designated by the Governor pursuant to the federal
Workforce Investment Act of 1998 or its reauthorizing
legislation.
(Source: P.A. 96-664, eff. 8-25-09; 96-1043, eff. 1-1-11.)".
 
    (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 (A) public bodies with statewide
jurisdiction, (B) Illinois library systems with jurisdiction
over a specific geographic area of more than 4,500 square
miles, or (C) municipal transit districts with jurisdiction
over a specific geographic area of more than 4,500 square
miles, or (D) local workforce investment areas 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, public
bodies with statewide jurisdiction, Illinois library systems
with jurisdiction over a specific geographic area of more than
4,500 square miles, and municipal transit districts with
jurisdiction over a specific geographic area of more than 4,500
square miles, and local workforce investment areas 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. For the
purposes of this Section, "local workforce investment area"
means any local workforce investment area or areas designated
by the Governor pursuant to the federal Workforce Investment
Act of 1998 or its reauthorizing legislation.
(Source: P.A. 96-664, eff. 8-25-09; 96-1043, eff. 1-1-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.