Full Text of HB4664 99th General Assembly
HB4664 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4664 Introduced , by Rep. Margo McDermed SYNOPSIS AS INTRODUCED: |
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Amends the Open Meetings Act. Provides that an elected or appointed member of a public body who fails to complete training on compliance with the Open Meetings Act, within 30 days of receiving notice from the public body that he or she has failed to complete training, is disqualified from further service as a member of the public body.
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| | A BILL FOR |
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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 | | Section 1.05 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. However, a | 7 | | member's failure to complete the training within 30 days of | 8 | | receiving notice from the public body that he or she has failed | 9 | | to complete training disqualifies the member from further | 10 | | service as a member of the public body. | 11 | | An elected or appointed member of a public body subject to | 12 | | this Act who has successfully completed the training required | 13 | | under this subsection (b) and filed a copy of the certificate | 14 | | of completion with the public body is not required to | 15 | | subsequently complete the training required under this | 16 | | subsection (b). | 17 | | (c) An elected school board member may satisfy the training | 18 | | requirements of this Section by participating in a course of | 19 | | training sponsored or conducted by an organization created | 20 | | under Article 23 of the School Code. The course of training | 21 | | shall include, but 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 created under Article 23 of the School | 7 | | Code provides a course of training under this subsection (c), | 8 | | it must provide a certificate of course completion to each | 9 | | school board member who successfully completes that course of | 10 | | training. | 11 | | (d) A commissioner of a drainage district may satisfy the | 12 | | training requirements of this Section by participating in a | 13 | | course of training sponsored or conducted by an organization | 14 | | that represents the drainage districts created under the | 15 | | Illinois Drainage Code. The course of training shall include, | 16 | | but not be limited to, instruction in: | 17 | | (1) the general background of the legal requirements | 18 | | for open meetings; | 19 | | (2) the applicability of this Act to public bodies; | 20 | | (3) procedures and requirements regarding quorums, | 21 | | notice, and record-keeping under this Act; | 22 | | (4) procedures and requirements for holding an open | 23 | | meeting and for holding a closed meeting under this Act; | 24 | | and | 25 | | (5) penalties and other consequences for failing to | 26 | | comply with this Act. |
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| 1 | | If an organization that represents the drainage districts | 2 | | created under the Illinois Drainage Code provides a course of | 3 | | training under this subsection (d), it must provide a | 4 | | certificate of course completion to each commissioner who | 5 | | successfully completes that course of training. | 6 | | (e) A director of a soil and water conservation district | 7 | | may satisfy the training requirements of this Section by | 8 | | participating in a course of training sponsored or conducted by | 9 | | an organization that represents soil and water conservation | 10 | | districts created under the Soil and Water Conservation | 11 | | Districts Act. The course of training shall include, but not be | 12 | | 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 soil and water | 24 | | conservation districts created under the Soil and Water | 25 | | Conservation Districts Act provides a course of training under | 26 | | this subsection (e), it must provide a certificate of course |
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| 1 | | completion to each director who successfully completes that | 2 | | course of training. | 3 | | (f) An elected or appointed member of a public body of a | 4 | | park district, forest preserve district, or conservation | 5 | | district may satisfy the training requirements of this Section | 6 | | by participating in a course of training sponsored or conducted | 7 | | by an organization that represents the park districts created | 8 | | in the Park District Code. The course of training shall | 9 | | include, but not be limited to, instruction in: | 10 | | (1) the general background of the legal requirements | 11 | | for open meetings; | 12 | | (2) the applicability of this Act to public bodies; | 13 | | (3) procedures and requirements regarding quorums, | 14 | | notice, and record-keeping under this Act; | 15 | | (4) procedures and requirements for holding an open | 16 | | meeting and for holding a closed meeting under this Act; | 17 | | and | 18 | | (5) penalties and other consequences for failing to | 19 | | comply with this Act. | 20 | | If an organization that represents the park districts | 21 | | created in the Park District Code provides a course of training | 22 | | under this subsection (f), it must provide a certificate of | 23 | | course completion to each elected or appointed member of a | 24 | | public body who successfully completes that course of training. | 25 | | (Source: P.A. 97-504, eff. 1-1-12; 97-1153, eff. 1-25-13; | 26 | | 98-900, eff. 8-15-14.)
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