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Public Act 098-0900 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Open Meetings Act is amended by changing | ||||
Sections 1.05 and 4 as follows: | ||||
(5 ILCS 120/1.05)
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Sec. 1.05. Training. | ||||
(a) Every public body shall designate employees, officers, | ||||
or members to receive training on compliance with this Act. | ||||
Each public body shall submit a list of designated employees, | ||||
officers, or members to the Public Access Counselor. Within 6 | ||||
months after the effective date of this amendatory Act of the | ||||
96th General Assembly, the designated employees, officers, and | ||||
members must successfully complete an electronic training | ||||
curriculum, developed and administered by the Public Access | ||||
Counselor, and thereafter must successfully complete an annual | ||||
training program. Thereafter, whenever a public body | ||||
designates an additional employee, officer, or member to | ||||
receive this training, that person must successfully complete | ||||
the electronic training curriculum within 30 days after that | ||||
designation.
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(b) Except as otherwise provided in this Section, each | ||||
elected or appointed member of a public body subject to this |
Act who is such a member on the effective date of this | ||
amendatory Act of the 97th General Assembly must successfully | ||
complete the electronic training curriculum developed and | ||
administered by the Public Access Counselor. For these members, | ||
the training must be completed within one year after the | ||
effective date of this amendatory Act. | ||
Except as otherwise provided in this Section, each elected | ||
or appointed member of a public body subject to this Act who | ||
becomes such a member after the effective date of this | ||
amendatory Act of the 97th General Assembly shall successfully | ||
complete the electronic training curriculum developed and | ||
administered by the Public Access Counselor. For these members, | ||
the training must be completed not later than the 90th day | ||
after the date the member: | ||
(1) takes the oath of office, if the member is required | ||
to take an oath of office to assume the person's duties as | ||
a member of the public body; or | ||
(2) otherwise assumes responsibilities as a member of | ||
the public body, if the member is not required to take an | ||
oath of office to assume the person's duties as a member of | ||
the governmental body. | ||
Each member successfully completing the electronic | ||
training curriculum shall file a copy of the certificate of | ||
completion with the public body. | ||
Completing the required training as a member of the public | ||
body satisfies the requirements of this Section with regard to |
the member's service on a committee or subcommittee of the | ||
public body and the member's ex officio service on any other | ||
public body. | ||
The failure of one or more members of a public body to | ||
complete the training required by this Section does not affect | ||
the validity of an action taken by the public body. | ||
An elected or appointed member of a public body subject to | ||
this Act who has successfully completed the training required | ||
under this subsection (b) and filed a copy of the certificate | ||
of completion with the public body is not required to | ||
subsequently complete the training required under this | ||
subsection (b). | ||
(c) An elected school board member may satisfy the training | ||
requirements of this Section by participating in a course of | ||
training sponsored or conducted by an organization created | ||
under Article 23 of the School Code. The course of training | ||
shall include, but not be limited to, instruction in: | ||
(1) the general background of the legal requirements | ||
for open meetings; | ||
(2) the applicability of this Act to public bodies; | ||
(3) procedures and requirements regarding quorums, | ||
notice, and record-keeping under this Act; | ||
(4) procedures and requirements for holding an open | ||
meeting and for holding a closed meeting under this Act; | ||
and | ||
(5) penalties and other consequences for failing to |
comply with this Act. | ||
If an organization created under Article 23 of the School | ||
Code provides a course of training under this subsection (c), | ||
it must provide a certificate of course completion to each | ||
school board member who successfully completes that course of | ||
training. | ||
(d) A commissioner of a drainage district may satisfy the | ||
training requirements of this Section by participating in a | ||
course of training sponsored or conducted by an organization | ||
that represents the drainage districts created under the | ||
Illinois Drainage Code. The course of training shall include, | ||
but not be limited to, instruction in: | ||
(1) the general background of the legal requirements | ||
for open meetings; | ||
(2) the applicability of this Act to public bodies; | ||
(3) procedures and requirements regarding quorums, | ||
notice, and record-keeping under this Act; | ||
(4) procedures and requirements for holding an open | ||
meeting and for holding a closed meeting under this Act; | ||
and | ||
(5) penalties and other consequences for failing to | ||
comply with this Act. | ||
If an organization that represents the drainage districts | ||
created under the Illinois Drainage Code provides a course of | ||
training under this subsection (d), it must provide a | ||
certificate of course completion to each commissioner who |
successfully completes that course of training. | ||
(e) A director of a soil and water conservation district | ||
may satisfy the training requirements of this Section by | ||
participating in a course of training sponsored or conducted by | ||
an organization that represents soil and water conservation | ||
districts created under the Soil and Water Conservation | ||
Districts Act. The course of training shall include, but not be | ||
limited to, instruction in: | ||
(1) the general background of the legal requirements | ||
for open meetings; | ||
(2) the applicability of this Act to public bodies; | ||
(3) procedures and requirements regarding quorums, | ||
notice, and record-keeping under this Act; | ||
(4) procedures and requirements for holding an open | ||
meeting and for holding a closed meeting under this Act; | ||
and | ||
(5) penalties and other consequences for failing to | ||
comply with this Act. | ||
If an organization that represents the soil and water | ||
conservation districts created under the Soil and Water | ||
Conservation Districts Act provides a course of training under | ||
this subsection (e), it must provide a certificate of course | ||
completion to each director who successfully completes that | ||
course of training. | ||
(f) An elected or appointed member of a public body of a | ||
park district, forest preserve district, or conservation |
district may satisfy the training requirements of this Section | ||
by participating in a course of training sponsored or conducted | ||
by an organization that represents the park districts created | ||
in the Park District Code. The course of training shall | ||
include, but not be limited to, instruction in: | ||
(1) the general background of the legal requirements | ||
for open meetings; | ||
(2) the applicability of this Act to public bodies; | ||
(3) procedures and requirements regarding quorums, | ||
notice, and record-keeping under this Act; | ||
(4) procedures and requirements for holding an open | ||
meeting and for holding a closed meeting under this Act; | ||
and | ||
(5) penalties and other consequences for failing to | ||
comply with this Act. | ||
If an organization that represents the park districts | ||
created in the Park District Code provides a course of training | ||
under this subsection (f), 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. | ||
(Source: P.A. 96-542, eff. 1-1-10; 97-504, eff. 1-1-12; | ||
97-1153, eff. 1-25-13.)
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(5 ILCS 120/4) (from Ch. 102, par. 44)
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Sec. 4.
Any person violating any of the provisions of this | ||
Act, except subsection (b), (c), (d), or (e) , or (f) of Section |
1.05, shall be guilty
of a Class C misdemeanor.
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(Source: P.A. 97-504, eff. 1-1-12; 97-1153, eff. 1-25-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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