Bill Text: IL HB5407 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Personnel Record Review Act. Provides that school districts may disclose an employee's personnel information to other school districts to which the employee has applied for employment, or for whom the employee has applied to be a volunteer if the employee is to have direct contact with students. Effective immediately.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5407 Detail]

Download: Illinois-2019-HB5407-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5407 Introduced , by Rep. Thomas Morrison - Grant Wehrli - Amy Grant SYNOPSIS AS INTRODUCED:
820 ILCS 40/7 from Ch. 48, par. 2007
Amends the Personnel Record Review Act. Provides that school districts may disclose an employee's personnel information to other school districts to which the employee has applied for employment, or for whom the employee has applied to be a volunteer if the employee is to have direct contact with students. Effective immediately.
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A BILL FOR
HB5407 LRB101 15236 TAE 64405 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Personnel Record Review Act is amended by
changing Sections 7 and 8 as follows:
(820 ILCS 40/7) (from Ch. 48, par. 2007)
Sec. 7. (1) An employer or former employer shall not
divulge a disciplinary report, letter of reprimand, or other
disciplinary action to a third party, to a party who is not a
part of the employer's organization, or to a party who is not a
part of a labor organization representing the employee, without
written notice as provided in this Section.
(2) The written notice to the employee shall be by
first-class mail to the employee's last known address and shall
be mailed on or before the day the information is divulged.
(3) This Section shall not apply if:
(a) the employee has specifically waived written
notice as part of a written, signed employment application
with another employer;
(b) the disclosure is ordered to a party in a legal
action or arbitration; or
(c) information is requested by a government agency as
a result of a claim or complaint by an employee, or as a

HB5407 - 2 - LRB101 15236 TAE 64405 b
result of a criminal investigation by such agency; or .
(d) information is requested by a school district from
a different school district as a result of an individual
applying for employment in the requesting school district.
As used in this paragraph (d), "individual" includes, but
is not limited to, any person applying for employment in a
school district and any person applying to serve as a
volunteer who will have direct contact with students.
(4) An employer who receives a request for records of a
disciplinary report, letter of reprimand, or other
disciplinary action in relation to an employee under the
Freedom of Information Act may provide notification to the
employee in written form as described in subsection (2) or
through electronic mail, if available.
(Source: P.A. 96-1212, eff. 7-22-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.