Illinois 103rd Regular Session Status: Enacted 3 D cosponsors

HB 3763 — PERSONNEL RECORD REVIEW

Last action — Public Act . . . . . . . . . 103-0727

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2023. Enacted.

Signed by Governor JB Pritzker (Democratic) on August 02, 2024.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    2 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

What changed in the latest version

9 added · 9 removed

Plain-language change summary

The latest version of HB 3763 has undergone a shift from the engrossed to an enrolled format, primarily indicating that changes have solidified and are ready for final approval. This transition typically reflects revisions aimed at enhancing clarity or addressing concerns raised during the legislative process. These changes are important because they can impact how the law will be implemented and understood by those affected, ensuring it will work effectively in practice.

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Previous
Latest
HB3763 Engrossed LRB103 30532 DTM 56965 b AN ACT concerning employment.
HB3763 Enrolled LRB103 30532 DTM 56965 b AN ACT concerning employment.
(3) any employee handbooks that the employer made available to the employee or that the employee HB3763 Engrossed - 2 - LRB103 30532 DTM 56965 b acknowledged receiving;
(3) any employee handbooks that the employer made available to the employee or that the employee HB3763 Enrolled - 2 - LRB103 30532 DTM 56965 b acknowledged receiving;
HB3763 Engrossed - 3 - LRB103 30532 DTM 56965 b (1) identify what personnel records the employee is requesting or if the employee is requesting all of the records allowed to be requested under this Section;
HB3763 Enrolled - 3 - LRB103 30532 DTM 56965 b (1) identify what personnel records the employee is requesting or if the employee is requesting all of the records allowed to be requested under this Section;
If an employer does not maintain records in one or more of the categories requested, the employer may respond in writing notifying the employee that the employer does not maintain records in the category, but must still permit inspection, copying, and receipt of copies HB3763 Engrossed - 4 - LRB103 30532 DTM 56965 b as required by subsection (b) of any other category requested as to which the employer does maintain records.
If an employer does not maintain records in one or more of the categories requested, the employer may respond in writing notifying the employee that the employer does not maintain records in the category, but must still permit inspection, copying, and receipt of copies HB3763 Enrolled - 4 - LRB103 30532 DTM 56965 b as required by subsection (b) of any other category requested as to which the employer does maintain records.
The fee shall be limited to the actual cost of duplicating the requested record and may not include the imputed costs of time spent duplicating the information, the purchase or rental of HB3763 Engrossed - 5 - LRB103 30532 DTM 56965 b copying machines, the purchase or rental of computer equipment, the purchase, rental, or licensing of software, or any other similar expenses.
The fee shall be limited to the actual cost of duplicating the requested record and may not include the imputed costs of time spent duplicating the information, the purchase or rental of HB3763 Enrolled - 5 - LRB103 30532 DTM 56965 b copying machines, the purchase or rental of computer equipment, the purchase, rental, or licensing of software, or any other similar expenses.
A record which is kept by the employer as permitted under this Section shall be part HB3763 Engrossed - 6 - LRB103 30532 DTM 56965 b of the personnel record.
A record which is kept by the employer as permitted under this Section shall be part HB3763 Enrolled - 6 - LRB103 30532 DTM 56965 b of the personnel record.
(d) Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other HB3763 Engrossed - 7 - LRB103 30532 DTM 56965 b person's privacy.
(d) Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other HB3763 Enrolled - 7 - LRB103 30532 DTM 56965 b person's privacy.
(b) If an employee alleges that he or she has been denied his or her rights under this Act, he or she may file a HB3763 Engrossed - 8 - LRB103 30532 DTM 56965 b complaint with the Department of Labor.
(b) If an employee alleges that he or she has been denied his or her rights under this Act, he or she may file a HB3763 Enrolled - 8 - LRB103 30532 DTM 56965 b complaint with the Department of Labor.
The circuit court for the county in which the complainant resides, in which the HB3763 Engrossed - 9 - LRB103 30532 DTM 56965 b complainant is employed, or in which the personnel record is maintained shall have jurisdiction in such actions.
The circuit court for the county in which the complainant resides, in which the HB3763 Enrolled - 9 - LRB103 30532 DTM 56965 b complainant is employed, or in which the personnel record is maintained shall have jurisdiction in such actions.
View plain text versions (3)

How this bill changes current law

8 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends the Personnel Record Review Act to enhance employee rights regarding personnel records and the process for accessing them.

  • 820 ILCS 40/2

    the documents categorized may request all or any part of his or her records

    Clarifies that employees can request specific personnel records.

  • 820 ILCS 40/2

    provide the employee with the inspection opportunity within 7 working days after the receipt of employee makes the request → provide the employee with the inspection opportunity within 7 working days after the employer receives the request

    Clarifies the timeframe for the employer to provide access to records.

  • 820 ILCS 40/2

    Any in-person The inspection shall take place at a location reasonably near the employee's place of employment → The inspection shall take place at a location reasonably near the employee's place of employment

    Removes redundant wording to clarify the location of the inspection.

  • 820 ILCS 40/2

    and may not include the imputed costs of time spent duplicating the information, the purchase or rental of copying machines, → and may not include the imputed costs of time spent duplicating the information

    Simplifies the fee structure for copying requested records.

  • 820 ILCS 40/2

    "written request" includes any electronic communications, such as email or text messages.

    Expands the definition of a written request to include electronic communications.

  • 820 ILCS 40/9

    unless the employee submits the information in writing or gives authorizes the employer express, written consent when the employer keeps or gathers in writing to keep or gather the information. → unless the employee submits the information in writing or expressly authorizes the employer to keep or gather the information.

    Clarifies the conditions under which employers can keep records of nonemployment activities.

  • 820 ILCS 40/10

    An employer who does not maintain any personnel records.

    Eliminates a redundant exception for employers that do not maintain records.

  • 820 ILCS 40/12

    if an employee alleges that he or she has been denied his or her rights under this Act, he or she may file a complaint with the Department of Labor. → if an employee alleges that he or she has been denied his or her rights under this Act, he or she may file a complaint with the Department of Labor.

    Clarifies the process for employees to file complaints regarding violations of the Act.

Amendments

4 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Public Act . . . . . . . . . 103-0727

  2. Effective Date January 1, 2025

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 036-019-000

  7. Rule 2-10 Third Reading/Passage Deadline Established As May 24, 2024

  8. Placed on Calendar Order of 3rd Reading

  9. Second Reading

  10. Placed on Calendar Order of 2nd Reading May 9, 2024

  11. Do Pass Judiciary; 006-002-000

  12. Rule 2-10 Committee Deadline Established As May 10, 2024

  13. Assigned to Judiciary

  14. Referred to Assignments

  15. First Reading

  16. Chief Senate Sponsor Sen. Ram Villivalam

  17. Placed on Calendar Order of First Reading

  18. Arrive in Senate

  19. Added Co-Sponsor Rep. Joyce Mason

  20. House Floor Amendment No. 3 Tabled

  21. Third Reading - Short Debate - Passed 071-035-000

  22. Placed on Calendar Order of 3rd Reading - Short Debate

  23. House Floor Amendment No. 4 Adopted

  24. House Floor Amendment No. 2 Tabled

  25. Recalled to Second Reading - Short Debate

  26. House Floor Amendment No. 3 Motion Filed to Table Rep. Will Guzzardi

  27. House Floor Amendment No. 4 Recommends Be Adopted Labor & Commerce Committee; 019-010-000

  28. House Floor Amendment No. 4 Rules Refers to Labor & Commerce Committee

  29. House Floor Amendment No. 4 Referred to Rules Committee

  30. House Floor Amendment No. 4 Filed with Clerk by Rep. Will Guzzardi

  31. House Floor Amendment No. 2 Recommends Be Adopted Labor & Commerce Committee; 018-010-000

  32. House Floor Amendment No. 3 Rules Refers to Labor & Commerce Committee

  33. House Floor Amendment No. 3 Referred to Rules Committee

  34. House Floor Amendment No. 3 Filed with Clerk by Rep. Will Guzzardi

  35. House Floor Amendment No. 2 Rules Refers to Labor & Commerce Committee

  36. House Floor Amendment No. 2 Referred to Rules Committee

  37. House Floor Amendment No. 2 Filed with Clerk by Rep. Will Guzzardi

  38. Placed on Calendar Order of 3rd Reading - Short Debate

  39. Second Reading - Short Debate

  40. Placed on Calendar 2nd Reading - Short Debate

  41. Do Pass as Amended / Short Debate Labor & Commerce Committee; 018-010-000

  42. House Committee Amendment No. 1 Adopted in Labor & Commerce Committee; by Voice Vote

  43. House Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee

  44. House Committee Amendment No. 1 Referred to Rules Committee

  45. House Committee Amendment No. 1 Filed with Clerk by Rep. Will Guzzardi

  46. Assigned to Labor & Commerce Committee

  47. Rule 19(a) / Re-referred to Rules Committee

  48. Rule 19(a) / Re-referred to Rules Committee

  49. Assigned to Labor & Commerce Committee

  50. Referred to Rules Committee

  51. First Reading

  52. Filed with the Clerk by Rep. Will Guzzardi

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 1 co-sponsors · 180 not signed on · 50 voted No

Sponsors (2)

Co-sponsors (1)

Not signed on (180)

180 members have not signed on to this bill.

Show all 180 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 36 Yea · 19 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 31004
Unaffiliated 5200
Republican 01700
Total 361904
% of votes cast 61%32%0%7%
How each member voted (59)
Member Party Vote
Toro — Yea
Harris, N. — Yea
Simmons — Yea
Stoller — Nay
Bennett — Nay
Glowiak Hilton — Yea
Loughran Cappel — Yea
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Gregg Johnson Democrat Yea
Javier L. Cervantes Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Not Voting
Mark L. Walker Democrat Yea
Mary Edly-Allen Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Michael W. Halpin Democrat Yea
Mike Porfirio Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Not Voting
Paul Faraci Democrat Yea
Rachel Ventura Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Willie Preston Democrat Not Voting
Andrew S. Chesney Republican Nay
Chapin Rose Republican Nay
Craig Wilcox Republican Nay
Dale Fowler Republican Nay
Dan McConchie Republican Nay
Dave Syverson Republican Nay
Donald P. DeWitte Republican Nay
Erica Harriss Republican Nay
Jason Plummer Republican Nay
Jil Tracy Republican Nay
John F. Curran Republican Nay
Neil Anderson Republican Nay
Sally J. Turner Republican Nay
Seth Lewis Republican Nay
Steve McClure Republican Nay
Sue Rezin Republican Nay
Terri Bryant Republican Nay

Official roll call →

Third Reading

Passed 71 Yea · 35 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 10303
Democrat 58007
Republican 33202
Total 7135012
% of votes cast 60%30%0%10%
How each member voted (118)
Member Party Vote
Nichols — Yea
Ortiz — Yea
Yednock — Yea
Caulkins — Nay
Frese — Nay
Burke — Not Voting
Flowers — Not Voting
Costa Howard — Yea
Du Buclet — Yea
Faver Dias — Yea
Hernandez, Lisa — Not Voting
Katz Muhl — Yea
La Ha — Nay
Ladisch Douglass — Yea
Williams, Jawaharial — Yea
Yang Rohr — Yea
Abdelnasser Rashid Democrat Yea
Angelica Guerrero-Cuellar Democrat Not Voting
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Not Voting
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Debbie Meyers-Martin Democrat Yea
Diane Blair-Sherlock Democrat Yea
Edgar González, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Gregg Johnson Democrat Yea
Harry Benton Democrat Yea
Hoan Huynh Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Not Voting
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
Kevin John Olickal Democrat Yea
La Shawn K. Ford Democrat Not Voting
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lilian Jiménez Democrat Yea
Lindsey LaPointe Democrat Yea
Marcus C. Evans, Jr. Democrat Not Voting
Margaret Croke Democrat Not Voting
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Mary Beth Canty Democrat Yea
Mary Gill Democrat Yea
Matt Hanson Democrat Yea
Maura Hirschauer Democrat Yea
Maurice A. West, II Democrat Yea
Michael J. Kelly Democrat Yea
Michelle Mussman Democrat Yea
Nabeela Syed Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Norma Hernandez Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sharon Chung Democrat Not Voting
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Suzanne M. Ness Democrat Yea
Thaddeus Jones Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Yolonda Morris Democrat Yea
Adam M. Niemerg Republican Nay
Amy Elik Republican Nay
Amy L. Grant Republican Nay
Blaine Wilhour Republican Nay
Brad Halbrook Republican Nay
Brad Stephens Republican Nay
Bradley Fritts Republican Nay
Brandun Schweizer Republican Nay
Charles Meier Republican Nay
Chris Miller Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Nay
Dave Severin Republican Nay
David Friess Republican Not Voting
Dennis Tipsword Republican Nay
Jackie Haas Republican Nay
Jason R. Bunting Republican Nay
Jed Davis Republican Nay
Jeff Keicher Republican Yea
Jennifer Sanalitro Republican Nay
Joe C. Sosnowski Republican Nay
John M. Cabello Republican Nay
Kevin Schmidt Republican Nay
Martin McLaughlin Republican Nay
Michael J. Coffey, Jr. Republican Nay
Norine K. Hammond Republican Nay
Patrick Sheehan Republican Nay
Patrick Windhorst Republican Nay
Paul Jacobs Republican Nay
Ryan Spain Republican Nay
Steven Reick Republican Nay
Tom Weber Republican Nay
Tony M. McCombie Republican Nay
Travis Weaver Republican Not Voting
Wayne A. Rosenthal Republican Yea
William E Hauter Republican Nay

Official roll call →

Passed 19 Yea · 10 Nay
Party YeaNayPresentNot Voting
Democrat 16000
Unaffiliated 3100
Republican 0900
Total 191000
% of votes cast 66%34%0%0%
How each member voted (29)
Member Party Vote
Ortiz, Aaron M — Yea
Caulkins, Dan — Nay
Du Buclet — Yea
Williams, Jawaharial — Yea
Camille Y. Lilly Democrat Yea
Dagmara Avelar Democrat Yea
Dave Vella Democrat Yea
Gregg Johnson Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Joyce Mason Democrat Yea
Kelly M. Cassidy Democrat Yea
Kevin John Olickal Democrat Yea
La Shawn K. Ford Democrat Yea
Lilian Jiménez Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Natalie A. Manley Democrat Yea
Thaddeus Jones Democrat Yea
William "Will" Davis Democrat Yea
Adam M. Niemerg Republican Nay
Blaine Wilhour Republican Nay
Brad Stephens Republican Nay
Bradley Fritts Republican Nay
Daniel J. Ugaste Republican Nay
Jason R. Bunting Republican Nay
Jennifer Sanalitro Republican Nay
Steven Reick Republican Nay
Tom Weber Republican Nay

Official roll call →

Passed 18 Yea · 10 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 17000
Unaffiliated 1101
Republican 0900
Total 181001
% of votes cast 62%34%0%3%
How each member voted (29)
Member Party Vote
Caulkins, Dan — Nay
Du Buclet — Yea
Williams, Jawaharial — Not Voting
Camille Y. Lilly Democrat Yea
Dagmara Avelar Democrat Yea
Dave Vella Democrat Yea
Gregg Johnson Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Joyce Mason Democrat Yea
Kelly M. Cassidy Democrat Yea
Kevin John Olickal Democrat Yea
La Shawn K. Ford Democrat Yea
Lilian Jiménez Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael J. Kelly Democrat Yea
Natalie A. Manley Democrat Yea
Thaddeus Jones Democrat Yea
William "Will" Davis Democrat Yea
Adam M. Niemerg Republican Nay
Blaine Wilhour Republican Nay
Brad Stephens Republican Nay
Bradley Fritts Republican Nay
Daniel J. Ugaste Republican Nay
Jason R. Bunting Republican Nay
Jennifer Sanalitro Republican Nay
Steven Reick Republican Nay
Tom Weber Republican Nay

Official roll call →

Labor & Commerce

Passed 18 Yea · 10 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 0900
Democrat 16001
Unaffiliated 2100
Total 181001
% of votes cast 62%34%0%3%
How each member voted (29)
Member Party Vote
Ortiz, Aaron M — Yea
Caulkins, Dan — Nay
Williams, Jawaharial — Yea
Ann M. Williams Democrat Yea
Dagmara Avelar Democrat Yea
Dave Vella Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Gregg Johnson Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Joyce Mason Democrat Yea
Kelly M. Cassidy Democrat Yea
Kevin John Olickal Democrat Yea
Lilian Jiménez Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Natalie A. Manley Democrat Yea
Thaddeus Jones Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Not Voting
Adam M. Niemerg Republican Nay
Blaine Wilhour Republican Nay
Brad Stephens Republican Nay
Bradley Fritts Republican Nay
Daniel J. Ugaste Republican Nay
Jason R. Bunting Republican Nay
Jennifer Sanalitro Republican Nay
Michael J. Coffey, Jr. Republican Nay
Tom Weber Republican Nay

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 3763 do?
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.
Who sponsors HB 3763?
HB 3763 is sponsored by Will Guzzardi (Democrat), Joyce Mason (Democrat), and Ram Villivalam (Democrat).
What is the current status of HB 3763?
This bill has been enacted into law. Introduced February 17, 2023. Enacted.
Where can I track HB 3763?
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