Sen. Michael W. Frerichs

Filed: 4/18/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2370

2    AMENDMENT NO. ______. Amend House Bill 2370 by replacing
3everything after the enacting clause with the following:
 
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 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

 

 

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1training program. Thereafter, whenever a public body
2designates an additional employee, officer, or member to
3receive this training, that person must successfully complete
4the electronic training curriculum within 30 days after that
5designation.
6    (b) Except as otherwise provided in this Section, each
7elected or appointed member of a public body subject to this
8Act who is such a member on the effective date of this
9amendatory Act of the 97th General Assembly must successfully
10complete the electronic training curriculum developed and
11administered by the Public Access Counselor. For these members,
12the training must be completed within one year after the
13effective date of this amendatory Act.
14    Except as otherwise provided in this Section, each elected
15or appointed member of a public body subject to this Act who
16becomes such a member after the effective date of this
17amendatory Act of the 97th General Assembly shall successfully
18complete the electronic training curriculum developed and
19administered by the Public Access Counselor. For these members,
20the training must be completed not later than the 90th day
21after the date the member:
22        (1) takes the oath of office, if the member is required
23    to take an oath of office to assume the person's duties as
24    a member of the public body; or
25        (2) otherwise assumes responsibilities as a member of
26    the public body, if the member is not required to take an

 

 

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1    oath of office to assume the person's duties as a member of
2    the governmental body.
3    Each member successfully completing the electronic
4training curriculum shall file a copy of the certificate of
5completion with the public body.
6    Completing the required training as a member of the public
7body satisfies the requirements of this Section with regard to
8the member's service on a committee or subcommittee of the
9public body and the member's ex officio service on any other
10public body.
11    The failure of one or more members of a public body to
12complete the training required by this Section does not affect
13the validity of an action taken by the public body.
14    An elected or appointed member of a public body subject to
15this Act who has successfully completed the training required
16under this subsection (b) and filed a copy of the certificate
17of completion with the public body is not required to
18subsequently complete the training required under this
19subsection (b).
20    (c) An elected school board member may satisfy the training
21requirements of this Section by participating in a course of
22training sponsored or conducted by an organization created
23under Article 23 of the School Code. An elected or appointed
24community college board member may satisfy the training
25requirements of this Section by participating in a course of
26training sponsored or conducted by an association created under

 

 

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1Section 3-55 of the Public Community College Act. The course of
2training for school board or community college board members
3shall include, but not be limited to, instruction in:
4        (1) the general background of the legal requirements
5    for open meetings;
6        (2) the applicability of this Act to public bodies;
7        (3) procedures and requirements regarding quorums,
8    notice, and record-keeping under this Act;
9        (4) procedures and requirements for holding an open
10    meeting and for holding a closed meeting under this Act;
11    and
12        (5) penalties and other consequences for failing to
13    comply with this Act.
14    If an organization created under Article 23 of the School
15Code or an association created under Section 3-55 of the Public
16Community College Act provides a course of training under this
17subsection (c), it must provide a certificate of course
18completion to each school board member who successfully
19completes that course of training.
20    (d) A commissioner of a drainage district may satisfy the
21training requirements of this Section by participating in a
22course of training sponsored or conducted by an organization
23that represents the drainage districts created under the
24Illinois Drainage Code. The course of training shall include,
25but not be limited to, instruction 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 the drainage districts
11created under the Illinois Drainage Code provides a course of
12training under this subsection (d), it must provide a
13certificate of course completion to each commissioner who
14successfully completes that course of training.
15    (e) A director of a soil and water conservation district
16may satisfy the training requirements of this Section by
17participating in a course of training sponsored or conducted by
18an organization that represents soil and water conservation
19districts created under the Soil and Water Conservation
20Districts Act. The course of training shall include, but not be
21limited 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 the soil and water
7conservation districts created under the Soil and Water
8Conservation Districts Act provides a course of training under
9this subsection (e), it must provide a certificate of course
10completion to each director who successfully completes that
11course of training.
12(Source: P.A. 96-542, eff. 1-1-10; 97-504, eff. 1-1-12;
1397-1153, eff. 1-25-13.)
 
14    Section 99. Effective date. This Act takes effect January
151, 2014.".