SB3396sam002 97TH GENERAL ASSEMBLY

Sen. Michael Noland

Filed: 3/21/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3396

2    AMENDMENT NO. ______. Amend Senate Bill 3396 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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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. The course of training
24shall include, but not be limited to, instruction in:
25        (1) the general background of the legal requirements
26    for open meetings;

 

 

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1        (2) the applicability of this Act to public bodies;
2        (3) procedures and requirements regarding quorums,
3    notice, and record-keeping under this Act;
4        (4) procedures and requirements for holding an open
5    meeting and for holding a closed meeting under this Act;
6    and
7        (5) penalties and other consequences for failing to
8    comply with this Act.
9    If an organization created under Article 23 of the School
10Code provides a course of training under this subsection (c),
11it must provide a certificate of course completion to each
12school board member who successfully completes that course of
13training.
14    (d) An elected or appointed member of the board of trustees
15of a pension fund established under Article 3 or Article 4 of
16the Illinois Pension Code may satisfy the training requirements
17of this Section by participating in a course of training
18sponsored or conducted by a statewide organization
19representing police and firefighters. The course of training
20shall include, but need not be limited to, instruction in:
21        (1) the general background of the legal requirements
22    for open meetings;
23        (2) the applicability of this Act to public bodies;
24        (3) procedures and requirements regarding quorums,
25    notice, and record-keeping under this Act;
26        (4) procedures and requirements for holding an open

 

 

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1    meeting and for holding a closed meeting under this Act;
2    and
3        (5) penalties and other consequences for failing to
4    comply with this Act.
5    If a course of training is provided under this subsection
6(d), the statewide organization representing police and
7firefighters must provide a certificate of course completion to
8each board member who successfully completes that course of
9training.
10(Source: P.A. 96-542, eff. 1-1-10; 97-504, eff. 1-1-12.)
 
11    (5 ILCS 120/4)  (from Ch. 102, par. 44)
12    Sec. 4. Any person violating any of the provisions of this
13Act, except subsection (b), or (c), or (d) of Section 1.05,
14shall be guilty of a Class C misdemeanor.
15(Source: P.A. 97-504, eff. 1-1-12.)
 
16    Section 99. Effective date. This Act takes effect January
171, 2013.".