98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5635

 

Introduced , by Rep. Frances Ann Hurley

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/Art. 80 heading new
5 ILCS 430/80-5 new
5 ILCS 430/80-10 new

    Amends the State Officials and Employees Ethics Act. Provides that a settlement or severance agreement entered into on or after the effective date of this amendatory Act of the 98th General Assembly by a public body and an employee of the public body is a public record. Prohibits a public body from entering into confidential settlement or severance agreements with its employees. Provides that if a public body enters into a confidential settlement or severance agreement, then the agreement is void and any moneys paid to an employee under that agreement shall be forfeited to the public body. Requires each settlement or severance agreement entered into by a public body to contain a provision authorizing public disclosure of the agreement in its entirety. Defines required terms.


LRB098 14307 JLK 49297 b

 

 

A BILL FOR

 

HB5635LRB098 14307 JLK 49297 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 State Officials and Employees Ethics Act is
5amended by adding the heading of Article 80 and Sections 80-5
6and 80-10 as follows:
 
7    (5 ILCS 430/Art. 80 heading new)
8
ARTICLE 80
9
PROHIBITION OF CONFIDENTIAL AGREEMENTS

 
10    (5 ILCS 430/80-5 new)
11    Sec. 80-5. Definitions. As used in this Section:
12    "Confidential settlement agreement" means a settlement
13agreement that contains provisions limiting the circumstances
14under which the terms of that agreement may be disclosed.
15    "Confidential severance agreement" means a severance
16agreement that contains provisions limiting the circumstances
17under which the terms of that agreement may be disclosed.
18    "Public body" shall have the meaning provided in subsection
19(a) of Section 2 of the Freedom of Information Act.
20    "Public record" shall have the meaning provided in
21subsection (c) of Section 2 of the Freedom of Information Act.
22    "Settlement agreement" means any arrangement for the

 

 

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1adjudication or release of a civil claim established by an
2agreement between some or all of the parties to the claim.
3    "Severance agreement" means an agreement between a public
4body and an employee of that public body related to the
5employee's resignation or termination of employment with the
6public body in exchange for payment or the release of claims by
7the public body for reasons other than the employee's death,
8disability, or retirement.
 
9    (5 ILCS 430/80-10 new)
10    Sec. 80-10. Prohibition of confidential agreements.
11    (a) A settlement agreement entered into between a public
12body and an employee of that public body that is funded in
13whole or in part using public moneys or that releases a claim
14against a public body is a public record.
15        (1) No public body may enter into a confidential
16    settlement agreement with an employee. A confidential
17    settlement agreement entered into by a public body with an
18    employee is void and any moneys paid to an employee under
19    such an agreement shall be forfeited to the public body.
20        (2) Each settlement agreement entered into by a public
21    body shall contain a provision authorizing public
22    disclosure of that agreement in its entirety, except when
23    necessary to protect a trade secret, proprietary
24    information, or other information exempt from disclosure
25    under Section 7 of the Freedom of Information Act.

 

 

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1    (b) A severance agreement entered into between a public
2body and an employee of that public body that is funded in
3whole or in part using public moneys or that releases a claim
4against a public body is a public record.
5        (1) No public body may enter into a confidential
6    severance agreement with an employee. A confidential
7    severance agreement entered into by a public body with an
8    employee is void and any moneys paid to an employee under
9    such an agreement shall be forfeited to the public body.
10        (2) Each severance agreement entered into by a public
11    body shall contain a provision authorizing public
12    disclosure of that agreement in its entirety, except when
13    necessary to protect a trade secret, proprietary
14    information, or other information exempt from disclosure
15    under Section 7 of the Freedom of Information Act.
16    (c) This Section shall apply to agreements entered into on
17and after the effective date of this amendatory Act of the 98th
18General Assembly.