Illinois 103rd Regular Session Status: Died 16 D cosponsors

SB 3509 — WHISTLEBLOWER ACT

Last action — Added as Co-Sponsor Sen. Omar Aquino

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 103rd Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Whistleblower Act. Changes the definitions of "employer" and "employee". Defines "adverse employment action", "public body", "retaliatory action", and "supervisor". Provides that an employer may not take retaliatory action against an employee who discloses or threatens to disclose information about an activity, policy, or practice of the employer that the employee has a good faith belief that such activity, policy, or practice violates a State or federal law, rule, or regulation or poses a substantial and specific danger to public health or safety. Includes additional relief, damages, and penalties for violation of the Act. Allows the Attorney General to initiate or intervene in a civil action to obtain appropriate relief if the Attorney General has reasonable cause to believe that any person or entity is engaged in a practice prohibited by the Act. Provides that the changes made by the amendatory Act apply to claims arising or complaints filed on or after January 1, 2025. Effective January 1, 2025.

Bill Text

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 Whistleblower Act by redefining key terms, expanding protections against employer retaliation, and allowing the Attorney General to enforce the Act.

  • 740 ILCS 174/5

    "Adverse employment action" means any action that creates an adverse change in the terms and conditions of employment viewed in the totality of circumstances.

    The bill establishes a clear definition for 'adverse employment action'.

  • 740 ILCS 174/5

    "Employer" means: an individual, sole proprietorship, partnership, firm, corporation, association, and any other entity that has one or more employees in this State, including a political subdivision of the State; a unit of local government; a school district, combination of school districts, or governing body of a joint agreement of any type formed by two or more school districts; a community college district, State college or university, or any State agency whose major function is providing educational services; any authority including a department, division, bureau, board, commission, or other agency of these entities; and any person acting directly or indirectly in the interest of an employer in relation to an employee within the scope of his or her authority express or implied on behalf of those entities in dealing with its employees.

    The definition of 'employer' is expanded to include more entities and persons involved in the employment relationship.

  • 740 ILCS 174/5

    "Employee" means any individual permitted to work who is employed on a full-time, part-time, or contractual basis by an employer unless: (1) the individual has been and will continue to be free from control and direction over the performance of his or her work, both under his or her contract of service with his or her employer and in fact; (2) the individual performs work which is either outside the usual course of business or is performed outside all of the places of business of the employer unless the employer is in the business of contracting with parties for the placement of employees; and (3) the individual is in an independently established trade, occupation, profession, or business.

    The definition of 'employee' is clarified and includes specific criteria for classification.

  • 740 ILCS 174/5

    "Retaliatory action" means an adverse employment action or the threat of an adverse employment action by an employer or his or her agent to penalize or any non-employment action that would dissuade a reasonable worker from disclosing information under this Act.

    The definition of 'retaliatory action' is updated to specify what constitutes retaliation.

  • 740 ILCS 174/15

    retaliate → retaliate against an employee who discloses or threatens to disclose to a public body conducting investigation, or in a court,

    Clarifies the scope of retaliation prohibitions for employees making disclosures.

  • 740 ILCS 174/25

    Class A misdemeanor. → a Class A misdemeanor or civil penalty in the amount of $5,000 for each violation, or $10,000 for the second and each subsequent violation within a 5-year period.

    Introduces civil penalties for violations of the Act alongside criminal penalties.

  • 740 ILCS 174/30

    In addition to the remedies specified in paragraphs (1) through (5), the Attorney General may request and the finder of fact may impose a civil penalty in the amount of $5,000 for each violation, or $10,000 for the second and each subsequent violation within a 5-year period.

    Allows the Attorney General to impose civil penalties for repeated violations, enhancing enforcement.

  • 740 ILCS 174/31 new

    Attorney General enforcement. (a) Whenever the Attorney General has reasonable cause to believe that any person or entity is engaging in a practice prohibited by this Act, the Attorney General may initiate or intervene in a civil action to obtain appropriate relief.

    Empowers the Attorney General to intervene in whistleblower cases, enhancing enforcement and protection.

Action History

  1. Added as Co-Sponsor Sen. Omar Aquino

  2. Added as Co-Sponsor Sen. Ram Villivalam

  3. Rule 3-9(a) / Re-referred to Assignments

  4. Added as Co-Sponsor Sen. Napoleon Harris, III

  5. Added as Co-Sponsor Sen. Mike Simmons

  6. Added as Co-Sponsor Sen. Celina Villanueva

  7. Added as Co-Sponsor Sen. Ann Gillespie

  8. Added as Co-Sponsor Sen. Mike Porfirio

  9. Added as Chief Co-Sponsor Sen. Javier L. Cervantes

  10. Added as Chief Co-Sponsor Sen. Christopher Belt

  11. Added as Co-Sponsor Sen. Michael W. Halpin

  12. Added as Co-Sponsor Sen. Adriane Johnson

  13. Added as Co-Sponsor Sen. Laura Fine

  14. Added as Co-Sponsor Sen. Michael E. Hastings

  15. Added as Chief Co-Sponsor Sen. Linda Holmes

  16. Added as Co-Sponsor Sen. Laura M. Murphy

  17. Added as Co-Sponsor Sen. David Koehler

  18. Assigned to Executive

  19. Referred to Assignments

  20. First Reading

  21. Filed with Secretary by Sen. Cristina Castro

Sponsors

Sponsorship breakdown

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1 sponsors · 16 co-sponsors · 166 not signed on

Sponsors (1)

Co-sponsors (16)

Not signed on (166)

166 members have not signed on to this bill.

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"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

Subjects

public-safety labor
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 SB 3509 do?
Amends the Whistleblower Act. Changes the definitions of "employer" and "employee". Defines "adverse employment action", "public body", "retaliatory action", and "supervisor". Provides that an employer may not take retaliatory action against an employee who discloses or threatens to disclose information about an activity, policy, or practice of the employer that the employee has a good faith belief that such activity, policy, or practice violates a State or federal law, rule, or regulation or poses a substantial and specific danger to public health or safety. Includes additional relief, damages, and penalties for violation of the Act. Allows the Attorney General to initiate or intervene in a civil action to obtain appropriate relief if the Attorney General has reasonable cause to believe that any person or entity is engaged in a practice prohibited by the Act. Provides that the changes made by the amendatory Act apply to claims arising or complaints filed on or after January 1, 2025. Effective January 1, 2025.
Who sponsors SB 3509?
SB 3509 is sponsored by Cristina Castro (Democrat), Linda Holmes (Democrat), Christopher Belt (Democrat), Javier L. Cervantes (Democrat), David Koehler (Democrat), Laura M. Murphy (Democrat), Michael E. Hastings (Democrat), Laura Fine (Democrat), Adriane L. Johnson (Democrat), Michael W. Halpin (Democrat), Mike Porfirio (Democrat), Ann Gillespie, Celina Villanueva (Democrat), Napoleon Harris III (Democrat), Ram Villivalam (Democrat), Omar Aquino (Democrat), and Mike Simmons (Democrat).
What is the current status of SB 3509?
This bill died with 103rd Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 3509?
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