HB3184 100TH GENERAL ASSEMBLY

LRB100 10790 SMS 21021 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3184

Introduced , by Rep. Carol Ammons

SYNOPSIS AS INTRODUCED:

New Act

Creates the Illinois New Business Owner Act. Provides that no application for a license for any State or local department, agency, board, or commission shall be denied or acted on adversely by reason of the applicant having been previously convicted of one or more criminal offenses or by reason of a finding of lack of good moral character, except if certain determinations are made. Provides certain factors to be considered concerning a previous criminal conviction. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Illinois New Business Owner Act.

Section 5. Purpose. The public policy of this State is to promote transparency in government and remove the unnecessary barriers in place that prevent hard-working people from excelling in their profession and starting businesses. It is also the public policy of this State to prohibit discrimination on account of race; color; religion; sex, including sexual harassment; national origin; ancestry; military status; age, specifically the age of 40 or more; order of protection status; marital status; sexual orientation, including gender-related identity; unfavorable military discharge; and physical and mental disability. The Equal Employment Opportunity Commission found that blanket restrictions can result in the violation of an individual's civil rights. This Act is intended to ensure that the State is removing unnecessary barriers to business ownership, ensuring a transparent license application review process, and properly considering all applicants.

Section 10. Definitions. For the purposes of this Act, the following terms shall have the following meanings:

"Direct relationship" means that the nature of criminal conduct for which the person was convicted has a direct bearing on his or her fitness or ability to perform one or more of the duties or responsibilities necessarily related to the license in question.

"License" means any certificate, license, permit, or grant of permission required by the laws of this State and its political subdivisions or instrumentalities as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession.

"Public agency" means the State, or any local subdivision thereof, or any State or local department, agency, board, or commission.

Section 15. Applicability. This Act applies to any person who applies for a license from any public agency who has been convicted of one or more criminal offenses in any jurisdiction.

Section 20. Blanket discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any license to which the provisions of this Act are applicable shall be denied or acted upon adversely by reason of the applicant having been previously convicted of one or more criminal offenses or by reason of a finding of lack of good moral character if such a finding is based upon the fact that the individual has previously been convicted of one or more criminal offenses, unless, after carefully considering the factors specified in Section 25, the public agency determines that:

(1) there is a direct relationship between one or more of the previous criminal offenses and the specific license sought or held by the individual; and

(2) the issuance or continuation of the license would involve a substantial risk to property or the general public.

Section 25. Factors to be considered concerning a previous criminal conviction.

(a) In making a determination pursuant to Section 20, the public agency shall consider the following factors:

(1) the public policy of this State to prohibit discrimination and encourage the growth and creation of businesses;

(2) the specific duties and responsibilities necessarily related to the license sought;

(3) the bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more of the duties or responsibilities necessarily related to the license in question;

(4) any evidence demonstrating the ability of the applicant to perform the responsibilities of the license in question;

(5) the time that has elapsed since the occurrence of the criminal offense or offenses;

(6) the age of the person at the time of occurrence of the criminal offense or offenses;

(7) the seriousness of the offense or offenses;

(8) the circumstances surrounding the offense or offenses;

(9) any information produced by the person, or produced on the person's behalf, in regard to the person's rehabilitation and good conduct; and

(10) the legitimate interest of the public agency in protecting property and public safety.

(b) In making a determination pursuant to Section 20, the public agency shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which shall create a presumption of rehabilitation in regard to the offenses or offenses specified therein.

Section 99. Effective date. This Act takes effect upon becoming law.