Bill Text: IL HB4242 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Freedom of Information Act. Provides that a unit of local government, school district, community college district, or other local taxing body shall provide notice to the public if the unit of local government, school district, community college district, or other local taxing body enters into a severance agreement with an employee or contractor accused of sexual harassment or sexual discrimination. Provides that no more than 72 hours after the unit of local government, school district, community college district, or other local taxing body makes a payment under the severance agreement, the unit of local government, school district, community college district, or other local taxing body shall publish on its Internet website and cause to be published, for a period of not less than 7 days, in the newspaper of general circulation having the largest circulation within the jurisdiction of the unit of local government, school district, community college district, or other local taxing body the following information: (1) the name of the person receiving the payment; (2) the amount of the payment; and (3) the fact that the person receiving the payment has been accused of sexual harassment or sexual discrimination, as the case may be. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 21-12)

Status: (Passed) 2018-08-23 - Public Act . . . . . . . . . 100-1040 [HB4242 Detail]

Download: Illinois-2017-HB4242-Chaptered.html



Public Act 100-1040
HB4242 EnrolledLRB100 16953 HEP 32195 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Local Records Act is amended by adding
Section 3c as follows:
(50 ILCS 205/3c new)
Sec. 3c. Severance agreements due to sexual harassment and
sexual discrimination.
(a) When a unit of local government, school district,
community college district, or other local taxing body enters a
severance agreement with an employee or contractor because the
employee or contractor was found to have engaged in sexual
harassment or sexual discrimination, as defined by the Illinois
Human Rights Act or Title VII of the Civil Rights Act of 1964,
the public body shall publish on its Internet website, if one
is maintained, and make available to the news media for
inspection and copying within 72 hours of the taxing body's
approval of the severance agreement the following information:
(1) the full name and title of the person receiving
payment under the severance agreement;
(2) the amount of the payment;
(3) that the employee or contractor was found to have
engaged in sexual harassment or sexual discrimination, as
applicable; and
(4) the date, time, and location of the meeting at
which the taxing body approved the severance agreement.
For the purposes of this subsection (a), "news media" means
personnel of a newspaper or other periodical issued at regular
intervals whether in print or electronic format, a news service
whether in print or electronic format, a radio station, a
television station, a television network, a community antenna
television service, or a person or corporation engaged in
making news reels or other motion picture news for public
showing.
(b) The information required to be provided by this Section
may be withheld if it is determined that disclosure would:
(1) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any
law enforcement agency;
(2) interfere with pending or actually and reasonably
contemplated legal or administrative proceedings
instigated by the complainant of the sexual harassment or
discrimination at issue, including, but not limited to,
proceedings under the Illinois Human Rights Act, Title VII
of the Civil Rights Act of 1963, or civil law;
(3) result in the direct or indirect disclosure of the
identity of a complainant who has not consented to
disclosure of his or her identity; or
(4) endanger the life or physical safety of the
complainant of the sexual harassment or discrimination at
issue.
(c) No unit of local government, school district, community
college district, or other local taxing body shall incur
liability as a result of its compliance with this Section,
except for willful or wanton misconduct.
(d) The requirements of subsection (a) of this Section do
not supersede the confidentiality provisions of the severance
agreement.
(e) Nothing in this Section shall limit disclosure of
public records required to be disclosed under this Act or the
Freedom of Information Act.
Section 99. Effective date. This Act takes effect upon
becoming law.
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