Rep. Rita Mayfield
Filed: 3/5/2014
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1 | AMENDMENT TO HOUSE BILL 5701
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2 | AMENDMENT NO. ______. Amend House Bill 5701 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Job | ||||||
5 | Opportunities for Qualified Applicants Act. | ||||||
6 | Section 5. Findings. The General Assembly finds that it is | ||||||
7 | in the public interest to do more to give Illinois employers | ||||||
8 | access to the broadest pool of qualified applicants possible, | ||||||
9 | protect the civil rights of those seeking employment, and | ||||||
10 | ensure that all qualified applicants are properly considered | ||||||
11 | for employment opportunities and are not pre-screened or denied | ||||||
12 | an employment opportunity unnecessarily or unjustly.
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13 | Section 10. Definitions. As used in this Act: | ||||||
14 | "Candidate" means a person pursuing employment with an | ||||||
15 | employer or with or through an employment agency. |
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1 | "Employer" means an entity or person who has one or more | ||||||
2 | employees in the current or preceding calendar year and any | ||||||
3 | agent of such an entity or person. | ||||||
4 | "Employment" means an occupation or vocation. | ||||||
5 | "Employment agency" means a person or entity regularly | ||||||
6 | undertaking with or without compensation to procure employees | ||||||
7 | for an employer or to procure for employees opportunities to | ||||||
8 | work for an employer and includes an agent of such a person. | ||||||
9 | Section 15. Employer pre-screening. | ||||||
10 | (a) An employer or employment agency may not inquire about | ||||||
11 | or into, consider, or require disclosure of the criminal | ||||||
12 | conviction history of a candidate until the candidate has been | ||||||
13 | determined qualified for the position and notified that he or | ||||||
14 | she has been selected for an interview by the employer or | ||||||
15 | employment agency or, if there is not an interview, until after | ||||||
16 | a conditional offer of employment is made to the candidate by | ||||||
17 | the employer or employment agency. | ||||||
18 | (b) The requirements set forth in subsection (a) of this | ||||||
19 | Section do not apply to positions for which employers are | ||||||
20 | required to exclude candidates with certain criminal | ||||||
21 | convictions from employment due to federal or State law. | ||||||
22 | Section 20. Violations. | ||||||
23 | (a) The Illinois Department of Labor shall investigate any | ||||||
24 | alleged violations of this Act by an employer or employment |
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1 | agency. If the Department finds that a violation has occurred, | ||||||
2 | the Director may impose the following penalties: | ||||||
3 | (1) For the first violation, the Director shall issue a | ||||||
4 | written notice warning to the employer or employment agency | ||||||
5 | that includes notice regarding penalties for subsequent | ||||||
6 | violations, and that the employer shall have 30 days to | ||||||
7 | remedy the violation. | ||||||
8 | (2) For the second violation or if the first violation | ||||||
9 | is not remedied within 30 days after notice by the | ||||||
10 | Department, the Director may impose a civil penalty of up | ||||||
11 | to $500. | ||||||
12 | (3) For the third violation or if the first violation | ||||||
13 | is not remedied within 60 days after notice by the | ||||||
14 | Department, the Director may impose an additional civil | ||||||
15 | penalty of up to $1,500. | ||||||
16 | (4) For subsequent violations or if the first violation | ||||||
17 | is not remedied within 90 days after notice by the | ||||||
18 | Department, the Director may impose an additional penalty | ||||||
19 | of up to $1,500 for every 30 days that passes thereafter | ||||||
20 | without compliance. | ||||||
21 | (b) Penalties under this Section may be assessed by the | ||||||
22 | Department and recovered in a civil action brought by the | ||||||
23 | Department in any circuit court or in any administrative | ||||||
24 | adjudicative proceeding under this Act. In any such civil | ||||||
25 | action or administrative adjudicative proceeding under this | ||||||
26 | Act, the Department shall be represented by the Attorney |
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1 | General. | ||||||
2 | (c) All moneys recovered as civil penalties under this Act | ||||||
3 | shall be deposited into the Job Opportunities for Qualified | ||||||
4 | Applicants Enforcement Fund, a special fund which is hereby | ||||||
5 | created in the State treasury. Moneys in the Fund may be used | ||||||
6 | only for enforcement of this Act. | ||||||
7 | Section 95. The State Finance Act is amended by adding | ||||||
8 | Section 5.855 as follows: | ||||||
9 | (30 ILCS 105/5.855 new) | ||||||
10 | Sec. 5.855. The Job Opportunities for Qualified Applicants | ||||||
11 | Enforcement Fund.
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12 | Section 99. Effective date. This Act takes effect January | ||||||
13 | 1, 2015.".
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