95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0210


 
Introduced 1/19/2007, by Rep. Jim Sacia
 
SYNOPSIS AS INTRODUCED:
 		














5 ILCS 120/2.02
  from Ch. 102, par. 42.02







    Amends the Open Meetings Act.  Prohibits a public body, during a meeting other than a special meeting for a bona fide emergency, from voting on an item that was not included in the agenda that was posted for that meeting.
















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A BILL FOR









 











HB0210

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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 
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Section 2.02 as follows:
 



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    (5 ILCS 120/2.02)  (from Ch. 102, par. 42.02)



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    Sec. 2.02. Public notice of all meetings, whether open or 
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closed to
the public, shall be given as follows:

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    (a) Every public body shall give public notice
of the 
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schedule of regular meetings at the beginning of each calendar 
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or fiscal
year and shall state the regular dates, times, and 
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places of such meetings.
An agenda for each regular meeting 
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shall be posted at the principal office of
the public body and 
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at the location where the meeting is to be held at least 48 
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hours in
advance of the holding of the meeting. A public body 
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that has a website that the full-time staff of the public body 
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maintains shall also post on its website the agenda of any 
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regular meetings of the governing body of that public body. Any 
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agenda of a regular meeting that is posted on a public body's 
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website shall remain posted on the website until the regular 
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meeting is concluded.  The requirement of a regular
meeting 
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agenda shall not preclude the consideration of items not 
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specifically
set forth in the agenda, but an item that was not 
 


 






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specifically set forth in the agenda may not be voted upon.

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Public
notice of any special meeting except a meeting held in 
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the event of a
bona fide emergency, or of any rescheduled 
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regular meeting, or of any
reconvened meeting, shall be given 
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at least 48 hours before such
meeting, which notice shall also 
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include the agenda for the special,
rescheduled,
or reconvened 
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meeting. The
, but the validity of any action taken at the 
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special, rescheduled, or reconvened meeting by the public
body 
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which is germane to a subject on the agenda shall not be 
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affected by
other errors or omissions in the agenda, but the 
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public body may not vote upon any item not germane to a subject 
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on the agenda.  The requirement
of public notice of reconvened 
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meetings does
not apply to any case where the meeting was open 
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to the public and (1)
it is to be reconvened within 24 hours, 
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or (2) an announcement of
the time and place of the reconvened 
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meeting was
made at the original meeting and there is no change 
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in the agenda. Notice
of an emergency meeting shall be given as 
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soon as practicable, but in any
event prior to the holding of 
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such meeting, to any news medium which has
filed an annual 
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request for notice under subsection (b) of this Section.

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    (b) Public notice shall be given by posting a copy of the 
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notice at the
principal office of the body holding the meeting 
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or, if no such office exists,
at the building in which the 
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meeting
is to be held. In addition, a public body that has a 
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website that the full-time staff of the public body maintains 
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shall post notice on its website of all meetings of the 
 


 






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governing body of the public body. Any notice of an annual 
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schedule of meetings shall remain on the website until a new 
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public notice of the schedule of regular meetings is approved.  
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Any notice of a regular meeting that is posted on a public 
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body's website shall remain posted on the website until the 
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regular meeting is concluded. The body shall supply copies of 
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the notice of its regular
meetings, and of the notice of any 
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special,
emergency, rescheduled or reconvened meeting, to any 
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news medium
that has filed an annual request for such notice. 
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Any such news
medium shall also be given the same notice of all 
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special,
emergency, rescheduled or reconvened meetings in the 
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same manner as
is given to members of the body provided such 
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news medium has given the
public body an address or telephone 
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number within the territorial jurisdiction
of the public body 
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at which such notice may be given. The failure of a public body 
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to post on its website notice of any meeting or the agenda of 
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any meeting shall not invalidate any meeting or any actions 
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taken at a meeting.


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(Source: P.A. 94-28, eff. 1-1-06.)