Bill Text: IL SB2838 | 2013-2014 | 98th General Assembly | Introduced


Bill Title: Amends the Open Meetings Act. Authorizes an elected or appointed member of a public body of a park district, forest preserve district, or conservation district to satisfy the training requirements of the Act through an alternative training arrangement sponsored or conducted by the Illinois Association of Park Districts. Sets forth requirements for the alternative course of training. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2015-01-13 - Session Sine Die [SB2838 Detail]

Download: Illinois-2013-SB2838-Introduced.html


98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2838

Introduced 1/30/2014, by Sen. Jason A. Barickman

SYNOPSIS AS INTRODUCED:
5 ILCS 120/1.05
5 ILCS 120/4 from Ch. 102, par. 44

Amends the Open Meetings Act. Authorizes an elected or appointed member of a public body of a park district, forest preserve district, or conservation district to satisfy the training requirements of the Act through an alternative training arrangement sponsored or conducted by the Illinois Association of Park Districts. Sets forth requirements for the alternative course of training. Effective immediately.
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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,
3represented in the General Assembly:
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
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.
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

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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

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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

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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(Source: P.A. 96-542, eff. 1-1-10; 97-504, eff. 1-1-12;
2297-1153, eff. 1-25-13.)
23 (5 ILCS 120/4) (from Ch. 102, par. 44)
24 Sec. 4. Any person violating any of the provisions of this
25Act, except subsection (b), (c), (d), or (e), or (f) of Section

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11.05, shall be guilty of a Class C misdemeanor.
2(Source: P.A. 97-504, eff. 1-1-12; 97-1153, eff. 1-25-13.)
3 Section 99. Effective date. This Act takes effect upon
4becoming law.
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