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.