Rep. Rita Mayfield
Filed: 4/1/2014
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1 | AMENDMENT TO HOUSE BILL 5701
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2 | AMENDMENT NO. ______. Amend House Bill 5701, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the Job | ||||||
6 | Opportunities for Qualified Applicants Act. | ||||||
7 | Section 5. Findings. The General Assembly finds that it is | ||||||
8 | in the public interest to do more to give Illinois employers | ||||||
9 | access to the broadest pool of qualified applicants possible, | ||||||
10 | protect the civil rights of those seeking employment, and | ||||||
11 | ensure that all qualified applicants are properly considered | ||||||
12 | for employment opportunities and are not pre-screened or denied | ||||||
13 | an employment opportunity unnecessarily or unjustly. | ||||||
14 | Section 10. Definitions. As used in this Act:
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15 | "Applicant" means any person pursuing employment with an |
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1 | employer or with or through an employment agency.
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2 | "Employer" means any person or private entity that has 15 | ||||||
3 | or more employees in the current or preceding calendar year, | ||||||
4 | and any agent of such an entity or person.
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5 | "Employment agency" means any 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.
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9 | "Employment" means any occupation or vocation.
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10 | Section 15. Employer pre-screening.
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11 | (a) An employer or employment agency may not inquire about | ||||||
12 | or into, consider, or require disclosure of the criminal record | ||||||
13 | or criminal history of an applicant until the applicant has | ||||||
14 | been determined qualified for the position and notified that | ||||||
15 | the applicant has been selected for an interview by the | ||||||
16 | employer or employment agency or, if there is not an interview, | ||||||
17 | until after a conditional offer of employment is made to the | ||||||
18 | applicant by the employer or employment agency.
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19 | (b) The requirements set forth in subsection (a) of this | ||||||
20 | Section do not apply for positions where: | ||||||
21 | (1) employers are required to exclude applicants with | ||||||
22 | certain criminal convictions from employment due to | ||||||
23 | federal or State law; or | ||||||
24 | (2) a standard fidelity bond or an equivalent bond is | ||||||
25 | required and an applicant's conviction of one or more |
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1 | specified criminal offenses would disqualify the applicant | ||||||
2 | from obtaining such a bond, in which case an employer may | ||||||
3 | include a question or otherwise inquire whether the | ||||||
4 | applicant has ever been convicted of any of those offenses. | ||||||
5 | (c) This Section does not prohibit an employer from | ||||||
6 | notifying applicants in writing of the specific offenses that | ||||||
7 | will disqualify an applicant from employment in a particular | ||||||
8 | position due to federal or State law or the employer's policy.
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9 | Section 20. Administration of Act and rulemaking | ||||||
10 | authority.
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11 | (a) The Illinois Department of Labor shall investigate any | ||||||
12 | alleged violations of this Act by an employer or employment | ||||||
13 | agency. If the Department finds that a violation has occurred, | ||||||
14 | the Director of Labor may impose the following civil penalties:
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15 | (1) For the first violation, the Director shall issue a | ||||||
16 | written warning to the employer or employment agency that | ||||||
17 | includes notice regarding penalties for subsequent | ||||||
18 | violations and the employer shall have 30 days to remedy | ||||||
19 | the violation;
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20 | (2) For the second violation, or if the first violation | ||||||
21 | is not remedied within 30 days of notice by the Department, | ||||||
22 | the Director may impose a civil penalty of up to $500;
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23 | (3) For the third violation, or if the first violation | ||||||
24 | is not remedied within 60 days of notice by the Department, | ||||||
25 | the Director may impose an additional civil penalty of up |
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1 | to $1,500;
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2 | (4) For subsequent violations, or if the first | ||||||
3 | violation is not remedied within 90 days of notice by the | ||||||
4 | Department, the Director may impose an additional civil | ||||||
5 | penalty of up to $1,500 for every 30 days that passes | ||||||
6 | thereafter without compliance. | ||||||
7 | (b) Penalties under this Section may be assessed by the | ||||||
8 | Department and recovered in a civil action brought by the | ||||||
9 | Department in any circuit court or in any administrative | ||||||
10 | adjudicative proceeding under this Act. In any such civil | ||||||
11 | action or administrative adjudicative proceeding under this | ||||||
12 | Act, the Department shall be represented by the Attorney | ||||||
13 | General.
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14 | (c) All moneys recovered as civil penalties under this | ||||||
15 | Section shall be deposited into the Job Opportunities for | ||||||
16 | Qualified Applicants Enforcement Fund, a special fund which is | ||||||
17 | created in the State treasury. Moneys in the Fund may be used | ||||||
18 | only to enforce employer violations of this Act. | ||||||
19 | (d) The Department may adopt rules necessary to administer | ||||||
20 | this Act and may establish an administrative procedure to | ||||||
21 | adjudicate claims and issue final and binding decisions subject | ||||||
22 | to the Administrative Review Law.
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23 | Section 90. The State Finance Act is amended by adding | ||||||
24 | Section 5.855 as follows: |
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1 | (30 ILCS 105/5.855 new) | ||||||
2 | Sec. 5.855. The Job Opportunities for Qualified Applicants | ||||||
3 | Enforcement Fund.
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4 | Section 99. Effective date. This Act takes effect January | ||||||
5 | 1, 2015.".
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