Bill Status of HB 3763   103rd General Assembly

Short Description:  PERSONNEL RECORD REVIEW

House Sponsors
Rep. Will Guzzardi and Joyce Mason

Senate Sponsors
(Sen. Ram Villivalam)


Last Action  View All Actions

DateChamber Action
  8/2/2024HousePublic Act . . . . . . . . . 103-0727

Statutes Amended In Order of Appearance
820 ILCS 40/2from Ch. 48, par. 2002
820 ILCS 40/3from Ch. 48, par. 2003
820 ILCS 40/9from Ch. 48, par. 2009
820 ILCS 40/12from Ch. 48, par. 2012
820 ILCS 40/5 rep.

Synopsis As Introduced
Amends the Personnel Record Review Act. Provides for specific documents that every employee has a legal right to inspect and copy. Provides that an employer shall not include the imputed costs of time spent duplicating the information, purchasing or renting a copying machine, purchasing or renting computer equipment, or purchasing, renting, or licensing software in a fee for providing a copy of the documents. Provides that an employee may bring an action in circuit court regardless of whether that employee has filed a complaint concerning the same violation with the Department of Labor. Authorizes an employee to file a complaint with the Department regardless of whether the employee pursued or is pursuing an action for the same violation in circuit court. Repeals provisions concerning personnel record inspections by representatives of the employee.

House Committee Amendment No. 1
Deletes reference to:
820 ILCS 40/3from Ch. 48, par. 2003
Adds reference to:
820 ILCS 40/10from Ch. 48, par. 2010

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Requires an employee to make a written request to the employer before having a legal right to inspect, copy, and receive copies of specified documents, including any employment-related contracts or agreements that employer maintains are legally binding on the employee (rather than any contracts or agreements that the employee signed or that the employer maintains the manifested intent of the employee to be bound or that the employer maintains are legally binding on the employee). Removes other types of documents to which an employee has the right to inspect, copy, and receive copies. Modifies how requests must be made and the requirements of written requests. Removes changes made to how an employee may obtain copies of information requested. Provides that the right of the employee or the employee's designated representative to inspect personnel records does not apply to an employer's trade secrets, client lists, sales projections, and financial data. Modifies provisions on how the Act is administered and enforced, including requirements for commencing an action in circuit court. Restores language allowing actual damages plus costs in a civil action and, for a willful and knowing violation of the Act, reasonable attorney's fees. Makes other changes.

House Floor Amendment No. 4
Deletes reference to:
820 ILCS 40/5 rep.

Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment No. 1 with the following changes. Provides that a written request for records shall, if the records being requested include medical information and medical records, include a signed waiver to release medical information and medical records to that employee's specific representative. Provides that, if records are maintained in a manner and fashion that is already accessible by the employee, the employer may instead provide the employee with instructions on how to access that information. Deletes a provision that repeals the right of an employee to designate a representative of the employee's union or collective bargaining unit or other representative to inspect the employee's personnel record in specified circumstances. Makes other changes.

Actions 
DateChamber Action
  2/17/2023HouseFiled with the Clerk by Rep. Will Guzzardi
  2/17/2023HouseFirst Reading
  2/17/2023HouseReferred to Rules Committee
  2/28/2023HouseAssigned to Labor & Commerce Committee
  3/10/2023HouseRule 19(a) / Re-referred to Rules Committee
  3/10/2023HouseRule 19(a) / Re-referred to Rules Committee
  2/29/2024HouseAssigned to Labor & Commerce Committee
  4/2/2024HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Will Guzzardi
  4/2/2024HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/3/2024HouseHouse Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee
  4/3/2024HouseHouse Committee Amendment No. 1 Adopted in Labor & Commerce Committee; by Voice Vote
  4/3/2024HouseDo Pass as Amended / Short Debate Labor & Commerce Committee; 018-010-000
  4/4/2024HousePlaced on Calendar 2nd Reading - Short Debate
  4/10/2024HouseSecond Reading - Short Debate
  4/10/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/11/2024HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Will Guzzardi
  4/11/2024HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/15/2024HouseHouse Floor Amendment No. 2 Rules Refers to Labor & Commerce Committee
  4/15/2024HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Will Guzzardi
  4/15/2024HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/16/2024HouseHouse Floor Amendment No. 3 Rules Refers to Labor & Commerce Committee
  4/16/2024HouseHouse Floor Amendment No. 2 Recommends Be Adopted Labor & Commerce Committee; 018-010-000
  4/16/2024HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Will Guzzardi
  4/16/2024HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  4/17/2024HouseHouse Floor Amendment No. 4 Rules Refers to Labor & Commerce Committee
  4/18/2024HouseHouse Floor Amendment No. 4 Recommends Be Adopted Labor & Commerce Committee; 019-010-000
  4/19/2024HouseHouse Floor Amendment No. 3 Motion Filed to Table Rep. Will Guzzardi
  4/19/2024HouseRecalled to Second Reading - Short Debate
  4/19/2024HouseHouse Floor Amendment No. 2 Tabled
  4/19/2024HouseHouse Floor Amendment No. 4 Adopted
  4/19/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/19/2024HouseThird Reading - Short Debate - Passed 071-035-000
  4/19/2024HouseHouse Floor Amendment No. 3 Tabled
  4/19/2024HouseAdded Co-Sponsor Rep. Joyce Mason
  4/24/2024SenateArrive in Senate
  4/24/2024SenatePlaced on Calendar Order of First Reading
  4/24/2024SenateChief Senate Sponsor Sen. Ram Villivalam
  4/24/2024SenateFirst Reading
  4/24/2024SenateReferred to Assignments
  4/30/2024SenateAssigned to Judiciary
  4/30/2024SenateRule 2-10 Committee Deadline Established As May 10, 2024
  5/8/2024SenateDo Pass Judiciary; 006-002-000
  5/8/2024SenatePlaced on Calendar Order of 2nd Reading May 9, 2024
  5/9/2024SenateSecond Reading
  5/9/2024SenatePlaced on Calendar Order of 3rd Reading
  5/17/2024SenateRule 2-10 Third Reading/Passage Deadline Established As May 24, 2024
  5/21/2024SenateThird Reading - Passed; 036-019-000
  5/21/2024HousePassed Both Houses
  6/18/2024HouseSent to the Governor
  8/2/2024HouseGovernor Approved
  8/2/2024HouseEffective Date January 1, 2025
  8/2/2024HousePublic Act . . . . . . . . . 103-0727

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