Public Act 098-0900
 
HB4483 EnrolledLRB098 16932 OMW 52007 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 1.05 and 4 as follows:
 
    (5 ILCS 120/1.05)

    Sec. 1.05. Training.  
    (a) Every public body shall designate employees, officers, 
or members to receive training on compliance with this Act. 
Each public body shall submit a list of designated employees, 
officers, or members to the Public Access Counselor. Within 6 
months after the effective date of this amendatory Act of the 
96th General Assembly, the designated employees, officers, and 
members must successfully complete an electronic training 
curriculum, developed and administered by the Public Access 
Counselor, and thereafter must successfully complete an annual 
training program.  Thereafter, whenever a public body 
designates an additional employee, officer, or member to 
receive this training, that person must successfully complete 
the electronic training curriculum within 30 days after that 
designation.

    (b) Except as otherwise provided in this Section, each 
elected or appointed member of a public body subject to this 
Act who is such a member on the effective date of this 
amendatory Act of the 97th General Assembly must successfully 
complete the electronic training curriculum developed and 
administered by the Public Access Counselor. For these members, 
the training must be completed within one year after the 
effective date of this amendatory Act. 
    Except as otherwise provided in this Section, each elected 
or appointed member of a public body subject to this Act who 
becomes such a member after the effective date of this 
amendatory Act of the 97th General Assembly shall successfully 
complete the electronic training curriculum  developed and 
administered by the Public Access Counselor. For these members, 
the training must be completed not later than the 90th day 
after the date the member:
        (1) takes the oath of office, if the member is required 
    to take an oath of office to assume the person's duties as 
    a member of the public body; or
        (2) otherwise assumes responsibilities as a member of 
    the public body, if the member is not required to take an 
    oath of office to assume the person's duties as a member of 
    the governmental body.
    Each member successfully completing the electronic 
training curriculum shall file a copy of the certificate of 
completion with the public body.
    Completing the required training as a member of the public 
body satisfies the requirements of this Section with regard to 
the member's service on a committee or subcommittee of the 
public body and the member's ex officio service on any other 
public body.
    The failure of one or more members of a public  body to 
complete the training required by this Section does not affect 
the validity of an action taken by the public body.
    An elected or appointed member of a public body subject to 
this Act who has successfully completed the training required 
under this subsection (b) and filed a copy of the certificate 
of completion with the public body is not required to 
subsequently complete the training required under this 
subsection (b).
    (c) An elected school board member may satisfy the training 
requirements of this Section by participating in a course of 
training sponsored or conducted by an organization created 
under Article 23 of the School Code. The course of training 
shall include, but not be limited to, instruction in: 
        (1) the general background of the legal requirements 
    for open meetings; 
        (2) the applicability of this Act to public bodies; 
        (3)  procedures and requirements regarding quorums, 
    notice, and record-keeping under this Act; 
        (4) procedures and requirements for holding an open 
    meeting and for holding a closed meeting under this Act; 
    and 
        (5) penalties and other consequences for failing to 
    comply with this Act. 
    If an organization created under Article 23 of the School 
Code provides a course of training under this subsection (c), 
it must provide a certificate of course completion to each 
school board member who successfully completes that course of 
training. 
    (d) A commissioner of a drainage district  may satisfy the 
training requirements of this Section by participating in a 
course of training sponsored or conducted by an organization 
that represents the drainage districts created under the 
Illinois Drainage Code. The course of training shall include, 
but not be limited to, instruction in:
        (1) the general background of the legal requirements 
    for open meetings;
        (2) the applicability of this Act to public bodies;
        (3)  procedures and requirements regarding quorums, 
    notice, and record-keeping under this Act;
        (4) procedures and requirements for holding an open 
    meeting and for holding a closed meeting under this Act; 
    and
        (5) penalties and other consequences for failing to 
    comply with this Act. 
    If an organization that represents the drainage districts 
created under the Illinois Drainage Code provides a course of 
training under this subsection (d), it must provide a 
certificate of course completion to each commissioner who 
successfully completes that course of training. 
    (e) A director of a soil and water conservation district  
may satisfy the training requirements of this Section by 
participating in a course of training sponsored or conducted by 
an organization that represents soil and water conservation 
districts created under the Soil and Water Conservation 
Districts Act. The course of training shall include, but not be 
limited to, instruction in:
        (1) the general background of the legal requirements 
    for open meetings;
        (2) the applicability of this Act to public bodies;
        (3)  procedures and requirements regarding quorums, 
    notice, and record-keeping under this Act;
        (4) procedures and requirements for holding an open 
    meeting and for holding a closed meeting under this Act; 
    and
        (5) penalties and other consequences for failing to 
    comply with this Act. 
    If an organization that represents the soil and water 
conservation districts created under the Soil and Water 
Conservation Districts Act provides a course of training under 
this subsection (e), it must provide a certificate of course 
completion to each director who successfully completes that 
course of training. 
    (f) An elected or appointed member of a public body of a 
park district, forest preserve district, or conservation 
district may satisfy the training requirements of this Section 
by participating in a course of training sponsored or conducted 
by an organization that represents the park districts created 
in the Park District Code. The course of training shall 
include, but not be limited to, instruction in:
        (1) the general background of the legal requirements 
    for open meetings;
        (2) the applicability of this Act to public bodies;
        (3) procedures and requirements regarding quorums, 
    notice, and record-keeping under this Act;
        (4) procedures and requirements for holding an open 
    meeting and for holding a closed meeting under this Act; 
    and
        (5) penalties and other consequences for failing to 
    comply with this Act.
    If an organization that represents the park districts 
created in the Park District Code provides a course of training 
under this subsection (f), it must provide a certificate of 
course completion to each elected or appointed member of a 
public body who successfully completes that course of training. 
(Source: P.A. 96-542, eff. 1-1-10; 97-504, eff. 1-1-12; 
97-1153, eff. 1-25-13.)
 



    (5 ILCS 120/4)  (from Ch. 102, par. 44)



    Sec. 4. 

Any person violating any of the provisions of this 
Act, except subsection (b), (c), (d), or (e), or (f) of Section 
1.05, shall be guilty
of a Class C misdemeanor.

(Source: P.A. 97-504, eff. 1-1-12; 97-1153, eff. 1-25-13.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.