Illinois General Assembly - Full Text of HB4463
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Full Text of HB4463  102nd General Assembly

HB4463 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4463

 

Introduced 1/21/2022, by Rep. Sam Yingling

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/1.05

    Amends the Open Meetings Act. Provides that an elected or appointed member of a public body of a township may satisfy specified training requirements of the Act by participating in a course of training sponsored or conducted by an organization that represents townships created under the Township Code. Specifies the contents of the course of training. Provides that if an organization that represents townships provides a course of training, 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.


LRB102 22319 RJF 31456 b

 

 

A BILL FOR

 

HB4463LRB102 22319 RJF 31456 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Open Meetings Act is amended by changing
5Section 1.05 as follows:
 
6    (5 ILCS 120/1.05)
7    Sec. 1.05. Training.
8    (a) Every public body shall designate employees, officers,
9or members to receive training on compliance with this Act.
10Each public body shall submit a list of designated employees,
11officers, or members to the Public Access Counselor. Within 6
12months after January 1, 2010 (the effective date of Public Act
1396-542), the designated employees, officers, and members must
14successfully complete an electronic training curriculum,
15developed and administered by the Public Access Counselor, and
16thereafter must successfully complete an annual training
17program. Thereafter, whenever a public body designates an
18additional employee, officer, or member to receive this
19training, that person must successfully complete the
20electronic training curriculum within 30 days after that
21designation.
22    (b) Except as otherwise provided in this Section, each
23elected or appointed member of a public body subject to this

 

 

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1Act who is such a member on January 1, 2012 (the effective date
2of Public Act 97-504) must successfully complete the
3electronic training curriculum developed and administered by
4the Public Access Counselor. For these members, the training
5must be completed within one year after January 1, 2012 (the
6effective date of Public Act 97-504).
7    Except as otherwise provided in this Section, each elected
8or appointed member of a public body subject to this Act who
9becomes such a member after January 1, 2012 (the effective
10date of Public Act 97-504) shall successfully complete the
11electronic training curriculum developed and administered by
12the Public Access Counselor. For these members, the training
13must be completed not later than the 90th day after the date
14the member:
15        (1) takes the oath of office, if the member is
16    required to take an oath of office to assume the person's
17    duties as a member of the public body; or
18        (2) otherwise assumes responsibilities as a member of
19    the public body, if the member is not required to take an
20    oath of office to assume the person's duties as a member of
21    the governmental body.
22    Each member successfully completing the electronic
23training curriculum shall file a copy of the certificate of
24completion with the public body.
25    Completing the required training as a member of the public
26body satisfies the requirements of this Section with regard to

 

 

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1the member's service on a committee or subcommittee of the
2public body and the member's ex officio service on any other
3public body.
4    The failure of one or more members of a public body to
5complete the training required by this Section does not affect
6the validity of an action taken by the public body.
7    An elected or appointed member of a public body subject to
8this Act who has successfully completed the training required
9under this subsection (b) and filed a copy of the certificate
10of completion with the public body is not required to
11subsequently complete the training required under this
12subsection (b).
13    (c) An elected school board member may satisfy the
14training requirements of this Section by participating in a
15course of training sponsored or conducted by an organization
16created under Article 23 of the School Code. The course of
17training shall include, but not be limited to, instruction in:
18        (1) the general background of the legal requirements
19    for open meetings;
20        (2) the applicability of this Act to public bodies;
21        (3) procedures and requirements regarding quorums,
22    notice, and record-keeping under this Act;
23        (4) procedures and requirements for holding an open
24    meeting and for holding a closed meeting under this Act;
25    and
26        (5) penalties and other consequences for failing to

 

 

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1    comply with this Act.
2    If an organization created under Article 23 of the School
3Code provides a course of training under this subsection (c),
4it must provide a certificate of course completion to each
5school board member who successfully completes that course of
6training.
7    (d) A commissioner of a drainage district may satisfy the
8training requirements of this Section by participating in a
9course of training sponsored or conducted by an organization
10that represents the drainage districts created under the
11Illinois Drainage Code. The course of training shall include,
12but not be limited to, instruction in:
13        (1) the general background of the legal requirements
14    for open meetings;
15        (2) the applicability of this Act to public bodies;
16        (3) procedures and requirements regarding quorums,
17    notice, and record-keeping under this Act;
18        (4) procedures and requirements for holding an open
19    meeting and for holding a closed meeting under this Act;
20    and
21        (5) penalties and other consequences for failing to
22    comply with this Act.
23    If an organization that represents the drainage districts
24created under the Illinois Drainage Code provides a course of
25training under this subsection (d), it must provide a
26certificate of course completion to each commissioner who

 

 

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1successfully completes that course of training.
2    (e) A director of a soil and water conservation district
3may satisfy the training requirements of this Section by
4participating in a course of training sponsored or conducted
5by an organization that represents soil and water conservation
6districts created under the Soil and Water Conservation
7Districts Act. The course of training shall include, but not
8be limited to, instruction in:
9        (1) the general background of the legal requirements
10    for open meetings;
11        (2) the applicability of this Act to public bodies;
12        (3) procedures and requirements regarding quorums,
13    notice, and record-keeping under this Act;
14        (4) procedures and requirements for holding an open
15    meeting and for holding a closed meeting under this Act;
16    and
17        (5) penalties and other consequences for failing to
18    comply with this Act.
19    If an organization that represents the soil and water
20conservation districts created under the Soil and Water
21Conservation Districts Act provides a course of training under
22this subsection (e), it must provide a certificate of course
23completion to each director who successfully completes that
24course of training.
25    (f) An elected or appointed member of a public body of a
26park district, forest preserve district, or conservation

 

 

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1district may satisfy the training requirements of this Section
2by participating in a course of training sponsored or
3conducted by an organization that represents the park
4districts created in the Park District Code. The course of
5training shall include, but not be limited to, instruction in:
6        (1) the general background of the legal requirements
7    for open meetings;
8        (2) the applicability of this Act to public bodies;
9        (3) procedures and requirements regarding quorums,
10    notice, and record-keeping under this Act;
11        (4) procedures and requirements for holding an open
12    meeting and for holding a closed meeting under this Act;
13    and
14        (5) penalties and other consequences for failing to
15    comply with this Act.
16    If an organization that represents the park districts
17created in the Park District Code provides a course of
18training under this subsection (f), it must provide a
19certificate of course completion to each elected or appointed
20member of a public body who successfully completes that course
21of training.
22    (g) An elected or appointed member of the board of
23trustees of a fire protection district may satisfy the
24training requirements of this Section by participating in a
25course of training sponsored or conducted by an organization
26that represents fire protection districts created under the

 

 

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1Fire Protection District Act. The course of training shall
2include, but not be limited to, instruction in:
3        (1) the general background of the legal requirements
4    for open meetings;
5        (2) the applicability of this Act to public bodies;
6        (3) procedures and requirements regarding quorums,
7    notice, and record-keeping under this Act;
8        (4) procedures and requirements for holding an open
9    meeting and for holding a closed meeting under this Act;
10    and
11        (5) penalties and other consequences for failing to
12    comply with this Act.
13    If an organization that represents fire protection
14districts organized under the Fire Protection District Act
15provides a course of training under this subsection (g), it
16must provide a certificate of course completion to each
17elected or appointed member of a board of trustees who
18successfully completes that course of training.
19    (h) An elected or appointed member of a public body of a
20municipality may satisfy the training requirements of this
21Section by participating in a course of training sponsored or
22conducted by an organization that represents municipalities as
23designated in Section 1-8-1 of the Illinois Municipal Code.
24The course of training shall include, but not be limited to,
25instruction in:
26        (1) the general background of the legal requirements

 

 

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1    for open meetings;
2        (2) the applicability of this Act to public bodies;
3        (3) procedures and requirements regarding quorums,
4    notice, and record-keeping under this Act;
5        (4) procedures and requirements for holding an open
6    meeting and for holding a closed meeting under this Act;
7    and
8        (5) penalties and other consequences for failing to
9    comply with this Act.
10    If an organization that represents municipalities as
11designated in Section 1-8-1 of the Illinois Municipal Code
12provides a course of training under this subsection (h), it
13must provide a certificate of course completion to each
14elected or appointed member of a public body who successfully
15completes that course of training.
16    (i) An elected or appointed member of a public body of a
17township may satisfy the training requirements of this Section
18by participating in a course of training sponsored or
19conducted by an organization that represents townships created
20under the Township Code. The course of training shall include,
21but not be limited to, instruction in:
22        (1) the general background of the legal requirements
23    for open meetings;
24        (2) the applicability of this Act to public bodies;
25        (3) procedures and requirements regarding quorums,
26    notice, and record-keeping under this Act;

 

 

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1        (4) procedures and requirements for holding an open
2    meeting and for holding a closed meeting under this Act;
3    and
4        (5) penalties and other consequences for failing to
5    comply with this Act.
6    If an organization that represents townships created under
7the Township Code provides a course of training under this
8subsection (i), it must provide a certificate of course
9completion to each elected or appointed member of a public
10body who successfully completes that course of training.
11(Source: P.A. 101-233, eff. 1-1-20; 102-558, eff. 8-20-21.)