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| | HB4242 Enrolled | | LRB100 16953 HEP 32195 b |
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| 1 | | AN ACT concerning government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Local Records Act is amended by adding |
| 5 | | Section 3c as follows:
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| 6 | | (50 ILCS 205/3c new) |
| 7 | | Sec. 3c. Severance agreements due to sexual harassment and |
| 8 | | sexual discrimination. |
| 9 | | (a) When a unit of local government, school district, |
| 10 | | community college district, or other local taxing body enters a |
| 11 | | severance agreement with an employee or contractor because the |
| 12 | | employee or contractor was found to have engaged in sexual |
| 13 | | harassment or sexual discrimination, as defined by the Illinois |
| 14 | | Human Rights Act or Title VII of the Civil Rights Act of 1964, |
| 15 | | the public body shall publish on its Internet website, if one |
| 16 | | is maintained, and make available to the news media for |
| 17 | | inspection and copying within 72 hours of the taxing body's |
| 18 | | approval 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 |
| 5 | | personnel of a newspaper or other periodical issued at regular |
| 6 | | intervals whether in print or electronic format, a news service |
| 7 | | whether in print or electronic format, a radio station, a |
| 8 | | television station, a television network, a community antenna |
| 9 | | television service, or a person or corporation engaged in |
| 10 | | making news reels or other motion picture news for public |
| 11 | | showing. |
| 12 | | (b) The information required to be provided by this Section |
| 13 | | may 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 |
| 4 | | college district, or other local taxing body shall incur |
| 5 | | liability as a result of its compliance with this Section, |
| 6 | | except for willful or wanton misconduct. |
| 7 | | (d) The requirements of subsection (a) of this Section do |
| 8 | | not supersede the confidentiality provisions of the severance |
| 9 | | agreement. |
| 10 | | (e) Nothing in this Section shall limit disclosure of |
| 11 | | public records required to be disclosed under this Act or the |
| 12 | | Freedom of Information Act.
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| 13 | | Section 99. Effective date. This Act takes effect upon |
| 14 | | becoming law.
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