HB5635 98TH GENERAL ASSEMBLY

LRB098 14307 JLK 49297 b

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.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Officials and Employees Ethics Act is amended by adding the heading of Article 80 and Sections 80-5 and 80-10 as follows:

(5 ILCS 430/Art. 80 heading new)

ARTICLE 80

PROHIBITION OF CONFIDENTIAL AGREEMENTS

(5 ILCS 430/80-5 new)

Sec. 80-5. Definitions. As used in this Section:

"Confidential settlement agreement" means a settlement agreement that contains provisions limiting the circumstances under which the terms of that agreement may be disclosed.

"Confidential severance agreement" means a severance agreement that contains provisions limiting the circumstances under which the terms of that agreement may be disclosed.

"Public body" shall have the meaning provided in subsection (a) of Section 2 of the Freedom of Information Act.

"Public record" shall have the meaning provided in subsection (c) of Section 2 of the Freedom of Information Act.

"Settlement agreement" means any arrangement for the adjudication or release of a civil claim established by an agreement between some or all of the parties to the claim.

"Severance agreement" means an agreement between a public body and an employee of that public body related to the employee's resignation or termination of employment with the public body in exchange for payment or the release of claims by the public body for reasons other than the employee's death, disability, or retirement.

(5 ILCS 430/80-10 new)

Sec. 80-10. Prohibition of confidential agreements.

(a) A settlement agreement entered into between a public body and an employee of that public body that is funded in whole or in part using public moneys or that releases a claim against a public body is a public record.

(1) No public body may enter into a confidential settlement agreement with an employee. A confidential settlement agreement entered into by a public body with an employee is void and any moneys paid to an employee under such an agreement shall be forfeited to the public body.

(2) Each settlement agreement entered into by a public body shall contain a provision authorizing public disclosure of that agreement in its entirety, except when necessary to protect a trade secret, proprietary information, or other information exempt from disclosure under Section 7 of the Freedom of Information Act.

(b) A severance agreement entered into between a public body and an employee of that public body that is funded in whole or in part using public moneys or that releases a claim against a public body is a public record.

(1) No public body may enter into a confidential severance agreement with an employee. A confidential severance agreement entered into by a public body with an employee is void and any moneys paid to an employee under such an agreement shall be forfeited to the public body.

(2) Each severance agreement entered into by a public body shall contain a provision authorizing public disclosure of that agreement in its entirety, except when necessary to protect a trade secret, proprietary information, or other information exempt from disclosure under Section 7 of the Freedom of Information Act.

(c) This Section shall apply to agreements entered into on and after the effective date of this amendatory Act of the 98th General Assembly.