Full Text of HB2317 96th General Assembly
HB2317 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2317
Introduced 2/18/2009, by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED: |
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5 ILCS 120/1.02 |
from Ch. 102, par. 41.02 |
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Amends the Open Meetings Act. Defines a "contemporaneous" meeting to exclude replies to electronic communications. Requires inclusion of such a reply in the record of an open meeting under certain circumstances.
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A BILL FOR
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HB2317 |
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LRB096 09689 JAM 19850 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 |
| Section 1.02 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, electronic | 11 |
| chat, and instant messaging), or other means of contemporaneous | 12 |
| interactive communication, of a majority of a quorum of the | 13 |
| members of a
public body held for the purpose of discussing | 14 |
| public
business or, for a 5-member public body, a quorum of the | 15 |
| members of a public body held for the purpose of discussing | 16 |
| public business. | 17 |
| Accordingly, for a 5-member public body, 3 members of the | 18 |
| body constitute a quorum and the affirmative vote of 3 members | 19 |
| is necessary to adopt any motion, resolution, or ordinance, | 20 |
| unless a greater number is otherwise required.
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| "Contemporaneous" communication means instantaneous | 22 |
| communication between members of a public body and does not | 23 |
| include a reply to an electronic communication, even if the |
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HB2317 |
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LRB096 09689 JAM 19850 b |
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| reply is to the majority of a quorum of the public body; | 2 |
| provided that any portion of such a reply that concerns public | 3 |
| business must be entered into the public record of an open | 4 |
| meeting of that public body by any member making the reply | 5 |
| before the public body takes final action on the subject of the | 6 |
| reply. | 7 |
| "Public body" includes all legislative, executive, | 8 |
| administrative or advisory
bodies of the State, counties, | 9 |
| townships, cities, villages, incorporated
towns, school | 10 |
| districts and all other municipal corporations, boards, | 11 |
| bureaus,
committees or commissions of this State, and any | 12 |
| subsidiary bodies of any
of the foregoing including but not | 13 |
| limited to committees and subcommittees
which are supported in | 14 |
| whole or in part by tax revenue, or which expend tax
revenue, | 15 |
| except the General Assembly and committees or commissions | 16 |
| thereof.
"Public body" includes tourism boards and convention | 17 |
| or civic center
boards located in counties that are contiguous | 18 |
| to the Mississippi River with
populations of more than 250,000 | 19 |
| but less than 300,000. "Public body"
includes the Health | 20 |
| Facilities Planning Board. "Public body" does not
include a | 21 |
| child death review team or the Illinois Child Death Review | 22 |
| Teams
Executive Council established under
the Child Death | 23 |
| Review Team Act or an ethics commission acting under the State | 24 |
| Officials and
Employees Ethics Act.
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| (Source: P.A. 94-1058, eff. 1-1-07; 95-245, eff. 8-17-07.)
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