Public Act 1040 100TH GENERAL ASSEMBLY

HB4242 Enrolled LRB100 16953 HEP 32195 b

Public Act 100-1040

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.

Effective Date: 8/23/2018