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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:
 
5 ILCS 120/1.05

    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

 

HB4664LRB099 18976 RJF 43365 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 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. However, a
7member's failure to complete the training within 30 days of
8receiving notice from the public body that he or she has failed
9to complete training disqualifies the member from further
10service as a member of the public body.
11    An elected or appointed member of a public body subject to
12this Act who has successfully completed the training required
13under this subsection (b) and filed a copy of the certificate
14of completion with the public body is not required to
15subsequently complete the training required under this
16subsection (b).
17    (c) An elected school board member may satisfy the training
18requirements of this Section by participating in a course of
19training sponsored or conducted by an organization created
20under Article 23 of the School Code. The course of training
21shall 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
7Code provides a course of training under this subsection (c),
8it must provide a certificate of course completion to each
9school board member who successfully completes that course of
10training.
11    (d) A commissioner of a drainage district may satisfy the
12training requirements of this Section by participating in a
13course of training sponsored or conducted by an organization
14that represents the drainage districts created under the
15Illinois Drainage Code. The course of training shall include,
16but 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
2created under the Illinois Drainage Code provides a course of
3training under this subsection (d), it must provide a
4certificate of course completion to each commissioner who
5successfully completes that course of training.
6    (e) A director of a soil and water conservation district
7may satisfy the training requirements of this Section by
8participating in a course of training sponsored or conducted by
9an organization that represents soil and water conservation
10districts created under the Soil and Water Conservation
11Districts Act. The course of training shall include, but not be
12limited 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
24conservation districts created under the Soil and Water
25Conservation Districts Act provides a course of training under
26this subsection (e), it must provide a certificate of course

 

 

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1completion to each director who successfully completes that
2course of training.
3    (f) An elected or appointed member of a public body of a
4park district, forest preserve district, or conservation
5district may satisfy the training requirements of this Section
6by participating in a course of training sponsored or conducted
7by an organization that represents the park districts created
8in the Park District Code. The course of training shall
9include, 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
21created in the Park District Code provides a course of training
22under this subsection (f), it must provide a certificate of
23course completion to each elected or appointed member of a
24public body who successfully completes that course of training.
25(Source: P.A. 97-504, eff. 1-1-12; 97-1153, eff. 1-25-13;
2698-900, eff. 8-15-14.)