Bill Text: IL SB3434 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Personnel Record Review Act. Provides that an individual aggrieved by a disclosure of a disciplinary report in violation of the Act may file a complaint with the Director of Labor or file an action in court within 10 years after the violation.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3434 Detail]

Download: Illinois-2019-SB3434-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3434 Introduced 2/13/2020, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
820 ILCS 40/7 from Ch. 48, par. 2007
Amends the Personnel Record Review Act. Provides that an individual aggrieved by a disclosure of a disciplinary report in violation of the Act may file a complaint with the Director of Labor or file an action in court within 10 years after the violation.
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A BILL FOR
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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 Section 7 as follows:
(820 ILCS 40/7) (from Ch. 48, par. 2007)
Sec. 7. Disclosure of disciplinary actions.
(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

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a result of a claim or complaint by an employee, or as a
result of a criminal investigation by such agency.
(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.
(5) An individual may file a complaint or commence an
action alleging a violation of this Section, as provided in
Section 12, within 10 years after the date of the disclosure of
the report, letter, or other disciplinary action.
(Source: P.A. 96-1212, eff. 7-22-10.)