SB3396eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB3396 EngrossedLRB097 18988 JDS 64227 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
5Sections 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,
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 the effective date of this amendatory Act of the
1396th General Assembly, the designated employees, officers, and
14members must successfully complete an electronic training
15curriculum, developed and administered by the Public Access
16Counselor, and thereafter must successfully complete an annual
17training program. Thereafter, whenever a public body
18designates an additional employee, officer, or member to
19receive this training, that person must successfully complete
20the electronic 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 the effective date of this
2amendatory Act of the 97th General Assembly must successfully
3complete the electronic training curriculum developed and
4administered by the Public Access Counselor. For these members,
5the training must be completed within one year after the
6effective date of this amendatory Act.
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 the effective date of this
10amendatory Act of the 97th General Assembly shall successfully
11complete the electronic training curriculum developed and
12administered by the Public Access Counselor. For these members,
13the training must be completed not later than the 90th day
14after 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
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 training
14requirements of this Section by participating in a course of
15training sponsored or conducted by an organization created
16under Article 23 of the School Code. The course of training
17shall 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) An elected or appointed member of the board of trustees
8of a pension fund established under Article 3 or Article 4 of
9the Illinois Pension Code may satisfy the training requirements
10of this Section by participating in a course of training
11sponsored or conducted by a statewide organization
12representing police, firefighters, or both. The course of
13training shall include, but need not be limited to, instruction
14in:
15        (1) the general background of the legal requirements
16    for open meetings;
17        (2) the applicability of this Act to public bodies;
18        (3) procedures and requirements regarding quorums,
19    notice, and record-keeping under this Act;
20        (4) procedures and requirements for holding an open
21    meeting and for holding a closed meeting under this Act;
22    and
23        (5) penalties and other consequences for failing to
24    comply with this Act.
25    If a course of training is provided under this subsection
26(d), the statewide organization must provide a certificate of

 

 

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1course completion to each board member who successfully
2completes that course of training.
3(Source: P.A. 96-542, eff. 1-1-10; 97-504, eff. 1-1-12.)
 
4    (5 ILCS 120/4)  (from Ch. 102, par. 44)
5    Sec. 4. Any person violating any of the provisions of this
6Act, except subsection (b), or (c), or (d) of Section 1.05,
7shall be guilty of a Class C misdemeanor.
8(Source: P.A. 97-504, eff. 1-1-12.)
 
9    Section 99. Effective date. This Act takes effect January
101, 2013.