Illinois General Assembly - Full Text of HB4533
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4533  100th General Assembly

HB4533 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4533

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/1.05
5 ILCS 140/3.5

    Amends the Open Meetings Act and the Freedom of Information Act. Provides that an elected or appointed member of a public body of a municipality may satisfy the training requirements under the Open Meetings Act and a Freedom of Information Officer may satisfy the training requirements under the Freedom of Information Act by participating in a course of training sponsored or conducted by the Illinois Municipal League. Provides content requirements for the training. Provides that if an organization representing municipalities provides training, it must provide a certificate of course completion to each elected or appointed member of a public body who successfully completes that course of training.


LRB100 15098 HEP 31736 b

 

 

A BILL FOR

 

HB4533LRB100 15098 HEP 31736 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

 

 

HB4533- 2 -LRB100 15098 HEP 31736 b

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

 

 

HB4533- 3 -LRB100 15098 HEP 31736 b

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

 

 

HB4533- 4 -LRB100 15098 HEP 31736 b

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) A commissioner of a drainage district may satisfy the
8training requirements of this Section by participating in a
9course of training sponsored or conducted by an organization
10that represents the drainage districts created under the
11Illinois Drainage Code. The course of training shall include,
12but not be 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 drainage districts
24created under the Illinois Drainage Code provides a course of
25training under this subsection (d), it must provide a
26certificate of course completion to each commissioner who

 

 

HB4533- 5 -LRB100 15098 HEP 31736 b

1successfully completes that course of training.
2    (e) A director of a soil and water conservation district
3may satisfy the training requirements of this Section by
4participating in a course of training sponsored or conducted by
5an organization that represents soil and water conservation
6districts created under the Soil and Water Conservation
7Districts Act. The course of training shall include, but not be
8limited to, instruction in:
9        (1) the general background of the legal requirements
10    for open meetings;
11        (2) the applicability of this Act to public bodies;
12        (3) procedures and requirements regarding quorums,
13    notice, and record-keeping under this Act;
14        (4) procedures and requirements for holding an open
15    meeting and for holding a closed meeting under this Act;
16    and
17        (5) penalties and other consequences for failing to
18    comply with this Act.
19    If an organization that represents the soil and water
20conservation districts created under the Soil and Water
21Conservation Districts Act provides a course of training under
22this subsection (e), it must provide a certificate of course
23completion to each director who successfully completes that
24course of training.
25    (f) An elected or appointed member of a public body of a
26park district, forest preserve district, or conservation

 

 

HB4533- 6 -LRB100 15098 HEP 31736 b

1district may satisfy the training requirements of this Section
2by participating in a course of training sponsored or conducted
3by an organization that represents the park districts created
4in the Park District Code. The course of training shall
5include, but not be limited to, instruction in:
6        (1) the general background of the legal requirements
7    for open meetings;
8        (2) the applicability of this Act to public bodies;
9        (3) procedures and requirements regarding quorums,
10    notice, and record-keeping under this Act;
11        (4) procedures and requirements for holding an open
12    meeting and for holding a closed meeting under this Act;
13    and
14        (5) penalties and other consequences for failing to
15    comply with this Act.
16    If an organization that represents the park districts
17created in the Park District Code provides a course of training
18under this subsection (f), it must provide a certificate of
19course completion to each elected or appointed member of a
20public body who successfully completes that course of training.
21    (g) An elected or appointed member of a public body of a
22municipality may satisfy the training requirements of this
23Section by participating in a course of training sponsored or
24conducted by an organization that represents municipalities as
25designated in Section 1-8-1 of the Illinois Municipal Code. The
26course of training shall include, but not be limited to,

 

 

HB4533- 7 -LRB100 15098 HEP 31736 b

1instruction in:
2        (1) the general background of the legal requirements
3    for open meetings;
4        (2) the applicability of this Act to public bodies;
5        (3) procedures and requirements regarding quorums,
6    notice, and record-keeping under this Act;
7        (4) procedures and requirements for holding an open
8    meeting and for holding a closed meeting under this Act;
9    and
10        (5) penalties and other consequences for failing to
11    comply with this Act.
12    If an organization that represents municipalities as
13designated in Section 1-8-1 of the Illinois Municipal Code
14provides a course of training under this subsection (g), it
15must provide a certificate of course completion to each elected
16or appointed member of a public body who successfully completes
17that course of training.
18(Source: P.A. 97-504, eff. 1-1-12; 97-1153, eff. 1-25-13;
1998-900, eff. 8-15-14.)
 
20    Section 10. The Freedom of Information Act is amended by
21changing Section 3.5 as follows:
 
22    (5 ILCS 140/3.5)
23    Sec. 3.5. Freedom of Information officers.
24    (a) Each public body shall designate one or more officials

 

 

HB4533- 8 -LRB100 15098 HEP 31736 b

1or employees to act as its Freedom of Information officer or
2officers. Except in instances when records are furnished
3immediately, Freedom of Information officers, or their
4designees, shall receive requests submitted to the public body
5under this Act, ensure that the public body responds to
6requests in a timely fashion, and issue responses under this
7Act. Freedom of Information officers shall develop a list of
8documents or categories of records that the public body shall
9immediately disclose upon request.
10    Upon receiving a request for a public record, the Freedom
11of Information officer shall:
12        (1) note the date the public body receives the written
13    request;
14        (2) compute the day on which the period for response
15    will expire and make a notation of that date on the written
16    request;
17        (3) maintain an electronic or paper copy of a written
18    request, including all documents submitted with the
19    request until the request has been complied with or denied;
20    and
21        (4) create a file for the retention of the original
22    request, a copy of the response, a record of written
23    communications with the requester, and a copy of other
24    communications.
25    (b) Except as provided in subsection (c), all All Freedom
26of Information officers shall, within 6 months after the

 

 

HB4533- 9 -LRB100 15098 HEP 31736 b

1effective date of this amendatory Act of the 96th General
2Assembly, successfully complete an electronic training
3curriculum to be developed by the Public Access Counselor and
4thereafter successfully complete an annual training program.
5Thereafter, whenever a new Freedom of Information officer is
6designated by a public body, that person shall successfully
7complete the electronic training curriculum within 30 days
8after assuming the position. Successful completion of the
9required training curriculum within the periods provided shall
10be a prerequisite to continue serving as a Freedom of
11Information officer.
12    (c) A Freedom of Information officer of a municipality may
13satisfy the training requirements of this Section by
14participating in a course of training sponsored or conducted by
15an organization that represents municipalities as designated
16in Section 1-8-1 of the Illinois Municipal Code. The course of
17training shall include, but not be limited to, instruction in:
18        (1) the general background of the legal requirements
19    for the disclosure of public records;
20        (2) the applicability of this Act to public bodies;
21        (3) procedures and requirements regarding requests for
22    public records, timely responses to requests,
23    correspondence with requesters, exceptions to disclosure
24    requirements, and record-keeping under this Act;
25        (4) procedures and requirements for inquiries from and
26    responses to the Public Access Counselor under this Act;

 

 

HB4533- 10 -LRB100 15098 HEP 31736 b

1    and
2        (5) penalties and other consequences for failing to
3    comply with this Act.
4    If an organization that represents municipalities as
5designated in Section 1-8-1 of the Illinois Municipal Code
6provides a course of training under this subsection, it must
7provide a certificate of course completion to each elected or
8appointed member of a public body who successfully completes
9that course of training.
10(Source: P.A. 96-542, eff. 1-1-10.)