Bill Text: IL SB3588 | 2009-2010 | 96th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Personnel Record Review Act. Provides that 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 or through electronic mail, if available. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-22 - Public Act . . . . . . . . . 96-1212 [SB3588 Detail]

Download: Illinois-2009-SB3588-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3588 Introduced 2/10/2010, by Sen. Deanna Demuzio SYNOPSIS AS INTRODUCED:
820 ILCS 40/7 from Ch. 48, par. 2007
Amends the Personnel Record Review Act. Provides that 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 or through electronic mail, if available. Effective immediately.
LRB096 15672 RLC 36327 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB3588 LRB096 15672 RLC 36327 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 Section 7 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

SB3588 - 2 - LRB096 15672 RLC 36327 b
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.
(Source: P.A. 83-1104.)
Section 99. Effective date. This Act takes effect upon
becoming law.