HB4242enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB4242 EnrolledLRB100 16953 HEP 32195 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 Local Records Act is amended by adding
5Section 3c as follows:
 
6    (50 ILCS 205/3c new)
7    Sec. 3c. Severance agreements due to sexual harassment and
8sexual discrimination.
9    (a) When a unit of local government, school district,
10community college district, or other local taxing body enters a
11severance agreement with an employee or contractor because the
12employee or contractor was found to have engaged in sexual
13harassment or sexual discrimination, as defined by the Illinois
14Human Rights Act or Title VII of the Civil Rights Act of 1964,
15the public body shall publish on its Internet website, if one
16is maintained, and make available to the news media for
17inspection and copying within 72 hours of the taxing body's
18approval of the severance agreement the following information:
19        (1) the full name and title of the person receiving
20    payment under the severance agreement;
21        (2) the amount of the payment;
22        (3) that the employee or contractor was found to have
23    engaged in sexual harassment or sexual discrimination, as

 

 

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1    applicable; and
2        (4) the date, time, and location of the meeting at
3    which the taxing body approved the severance agreement.
4    For the purposes of this subsection (a), "news media" means
5personnel of a newspaper or other periodical issued at regular
6intervals whether in print or electronic format, a news service
7whether in print or electronic format, a radio station, a
8television station, a television network, a community antenna
9television service, or a person or corporation engaged in
10making news reels or other motion picture news for public
11showing.
12    (b) The information required to be provided by this Section
13may be withheld if it is determined that disclosure would:
14        (1) interfere with pending or actually and reasonably
15    contemplated law enforcement proceedings conducted by any
16    law enforcement agency;
17        (2) interfere with pending or actually and reasonably
18    contemplated legal or administrative proceedings
19    instigated by the complainant of the sexual harassment or
20    discrimination at issue, including, but not limited to,
21    proceedings under the Illinois Human Rights Act, Title VII
22    of the Civil Rights Act of 1963, or civil law;
23        (3) result in the direct or indirect disclosure of the
24    identity of a complainant who has not consented to
25    disclosure of his or her identity; or
26        (4) endanger the life or physical safety of the

 

 

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1    complainant of the sexual harassment or discrimination at
2    issue.
3    (c) No unit of local government, school district, community
4college district, or other local taxing body shall incur
5liability as a result of its compliance with this Section,
6except for willful or wanton misconduct.
7    (d) The requirements of subsection (a) of this Section do
8not supersede the confidentiality provisions of the severance
9agreement.
10    (e) Nothing in this Section shall limit disclosure of
11public records required to be disclosed under this Act or the
12Freedom of Information Act.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.