HB3663 98TH GENERAL ASSEMBLY

LRB098 13025 JDS 47534 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3663

Introduced , by Rep. Frances Ann Hurley

SYNOPSIS AS INTRODUCED:

15 ILCS 50/5
15 ILCS 50/25 new

Amends the Gubernatorial Boards and Commissions Act. Provides that a severance agreement entered into after the effective date of the amendatory Act by a board or commission and an employee of the board or commission is a public record. Prohibits boards and commissions from entering into a confidential severance agreement with employees. Provides that if a board or commission enters into a confidential severance agreement after the effective date of the amendatory Act, the agreement is void and moneys paid to an employee under that agreement shall be forfeited to the board or commission, as applicable. Requires each severance agreement entered into by a board or commission after the effective date of the amendatory Act to contain a provision authorizing public disclosure of the agreement in its entirety. Defines "severance agreement" and "confidential severance agreement". Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Gubernatorial Boards and Commissions Act is amended by changing Section 5 and by adding Section 25 as follows:

(15 ILCS 50/5)

Sec. 5. Definitions. As used in this Act:

"Board" means a board authorized or created by executive order of the Governor, statute, or the Illinois Constitution to which the Governor has authority (whether or not exercised) to appoint one or more members.

"Commission" means a commission or other body authorized or created by executive order of the Governor, statute, or the Illinois Constitution to which the Governor has authority (whether or not exercised) to appoint one or more members.

"Confidential severance agreement" means a severance agreement that contains provisions limiting the circumstances under which the terms of that agreement may be disclosed.

"Office" means the Governor's Office of Boards and Commissions, or a successor entity within the Governor's administration.

"Severance agreement" means a written agreement between a board or commission and an employee of that board or commission related to the employee's termination of employment with the board or commission for reasons other than the employee's death, disability, or retirement.

(Source: P.A. 96-543, eff. 8-17-09.)

(15 ILCS 50/25 new)

Sec. 25. Severance agreements.

(a) A severance agreement entered into after the effective date of this amendatory Act of the 98th General Assembly by a board or commission and an employee of that board or commission is a public record.

(b) No board or commission may enter into a confidential severance agreement with an employee on or after the effective date of this amendatory Act of the 98th General Assembly. A confidential severance agreement entered into by a board or commission after the effective date of this amendatory Act of the 98th General Assembly is void, and any moneys paid to an employee under such an agreement shall be forfeited to the board or commission, as applicable.

(c) Each severance agreement entered into by a board or commission after the effective date of this amendatory Act of the 98th General Assembly shall contain a provision authorizing public disclosure of that agreement in its entirety.

Section 99. Effective date. This Act takes effect upon becoming law.