Full Text of SB3396 97th General Assembly
SB3396 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3396 Introduced 2/7/2012, by Sen. Michael Noland SYNOPSIS AS INTRODUCED: |
| 5 ILCS 120/1.05 | | 5 ILCS 120/4 | from Ch. 102, par. 44 |
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Amends the Open Meetings Act. Authorizes an elected or appointed member of a downstate police or downstate firefighter pension fund to satisfy the Act's training requirements by participating in a course of training sponsored or conducted by the Illinois Public Pension Fund Association. Sets forth requirements for the course of training. Effective January 1, 2013.
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| | A BILL FOR |
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| | | SB3396 | | LRB097 18988 JDS 64227 b |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Open Meetings Act is amended by changing | 5 | | Sections 1.05 and 4 as follows: | 6 | | (5 ILCS 120/1.05)
| 7 | | Sec. 1.05. Training. | 8 | | (a) Every public body shall designate employees, officers, | 9 | | or members to receive training on compliance with this Act. | 10 | | Each public body shall submit a list of designated employees, | 11 | | officers, or members to the Public Access Counselor. Within 6 | 12 | | months after the effective date of this amendatory Act of the | 13 | | 96th General Assembly, the designated employees, officers, and | 14 | | members must successfully complete an electronic training | 15 | | curriculum, developed and administered by the Public Access | 16 | | Counselor, and thereafter must successfully complete an annual | 17 | | training program. Thereafter, whenever a public body | 18 | | designates an additional employee, officer, or member to | 19 | | receive this training, that person must successfully complete | 20 | | the electronic training curriculum within 30 days after that | 21 | | designation.
| 22 | | (b) Except as otherwise provided in this Section, each | 23 | | elected or appointed member of a public body subject to this |
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| 1 | | Act who is such a member on the effective date of this | 2 | | amendatory Act of the 97th General Assembly must successfully | 3 | | complete the electronic training curriculum developed and | 4 | | administered by the Public Access Counselor. For these members, | 5 | | the training must be completed within one year after the | 6 | | effective date of this amendatory Act. | 7 | | Except as otherwise provided in this Section, each elected | 8 | | or appointed member of a public body subject to this Act who | 9 | | becomes such a member after the effective date of this | 10 | | amendatory Act of the 97th General Assembly shall successfully | 11 | | complete the electronic training curriculum developed and | 12 | | administered by the Public Access Counselor. For these members, | 13 | | the training must be completed not later than the 90th day | 14 | | after the date the member: | 15 | | (1) takes the oath of office, if the member is required | 16 | | to take an oath of office to assume the person's duties as | 17 | | 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 | 23 | | training curriculum shall file a copy of the certificate of | 24 | | completion with the public body. | 25 | | Completing the required training as a member of the public | 26 | | body satisfies the requirements of this Section with regard to |
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| 1 | | the member's service on a committee or subcommittee of the | 2 | | public body and the member's ex officio service on any other | 3 | | public body. | 4 | | The failure of one or more members of a public body to | 5 | | complete the training required by this Section does not affect | 6 | | the validity of an action taken by the public body. | 7 | | An elected or appointed member of a public body subject to | 8 | | this Act who has successfully completed the training required | 9 | | under this subsection (b) and filed a copy of the certificate | 10 | | of completion with the public body is not required to | 11 | | subsequently complete the training required under this | 12 | | subsection (b). | 13 | | (c) An elected school board member may satisfy the training | 14 | | requirements of this Section by participating in a course of | 15 | | training sponsored or conducted by an organization created | 16 | | under Article 23 of the School Code. The course of training | 17 | | 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 | 3 | | Code provides a course of training under this subsection (c), | 4 | | it must provide a certificate of course completion to each | 5 | | school board member who successfully completes that course of | 6 | | training. | 7 | | (d) An elected or appointed member of an Article 3 or | 8 | | Article 4 pension fund may satisfy the training requirements of | 9 | | this Section by participating in a course of training sponsored | 10 | | or conducted by the Illinois Public Pension Fund Association. | 11 | | The course of training shall include, but not be limited to, | 12 | | 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 the course of training is provided under subsection (d), | 24 | | the Illinois Public Pension Fund Association must provide a | 25 | | certificate of course completion to each board member who | 26 | | successfully completes that course of training. |
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| 1 | | (Source: P.A. 96-542, eff. 1-1-10; 97-504, eff. 1-1-12.)
| 2 | | (5 ILCS 120/4) (from Ch. 102, par. 44)
| 3 | | Sec. 4.
Any person violating any of the provisions of this | 4 | | Act, except subsection (b) , or (c) , or (d) of Section 1.05, | 5 | | shall be guilty
of a Class C misdemeanor.
| 6 | | (Source: P.A. 97-504, eff. 1-1-12.)
| 7 | | Section 99. Effective date. This Act takes effect January | 8 | | 1, 2013.
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