Illinois General Assembly - Full Text of HB2474
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Full Text of HB2474  96th General Assembly

HB2474 96TH GENERAL ASSEMBLY


 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2474

 

Introduced 2/20/2009, by Rep. Constance A. Howard

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Task Force on Inventorying Employment Restrictions Act. Creates the Task Force on Inventorying Employment Restrictions within the Department of Employment Security. Provides that the Task Force shall review the statutes, administrative rules, policies, and practices that restrict employment of persons with criminal history and report its findings and recommendations to the Governor and General Assembly by January 31, 2010. Effective immediately.


LRB096 09137 RLC 19286 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2474 LRB096 09137 RLC 19286 b

1     AN ACT concerning employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the Task
5 Force on Inventorying Employment Restrictions Act.
 
6     Section 5. Purpose. The General Assembly finds and declares
7 that:
8         (1) public safety dictates the adoption of employment
9     restrictions to protect vulnerable populations, to prevent
10     the risk of loss and liability, and to minimize the
11     likelihood of harm to the public, fellow employees and
12     customers;
13         (2) gainful employment after release from prison is one
14     of the critical elements necessary to achieve successful
15     reentry after prison and that employment has been shown to
16     reduce recidivism;
17         (3) to make our communities safer, public safety also
18     requires that employment opportunities not be so
19     restricted that people with criminal records are unable to
20     engage in gainful employment;
21         (4) many State laws and policies impose restrictions on
22     the employment of persons with criminal records including
23     State government jobs, jobs in State-licensed, regulated

 

 

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1     and funded entities, and jobs requiring State
2     certification;
3         (5) no comprehensive review of these restrictions has
4     been undertaken to evaluate whether the restrictions are
5     substantially related to the safety, trust and
6     responsibility required of the job or to the goal of
7     furthering public safety;
8         (6) a less restrictive approach is preferred if it both
9     furthers public safety and preserves employment
10     opportunities; and
11         (7) the State's agencies, boards, and commissions can
12     assume a leadership role in providing employment
13     opportunities to people with criminal records by reviewing
14     their employment policies and practices and identifying
15     barriers to employment that can safely be removed to enable
16     people with criminal records to demonstrate their
17     rehabilitation.
 
18     Section 10. Definitions. As used in this Act:
19         "State agencies" shall mean the following State
20     agencies, boards, and commissions: Department on Aging,
21     Department of Agriculture, Office of Appellate Defender,
22     Office of the State's Attorneys Appellate Prosecutor,
23     Illinois Arts Council, Office of the Attorney General,
24     Auditor General, Capital Development Board, Department of
25     Central Management Services, Department of Children and

 

 

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1     Family Services, Civil Service Commission, Illinois
2     Department of Commerce and Economic Opportunity, Illinois
3     Commerce Commission, Illinois Community College Board,
4     State of Illinois Comprehensive Health Insurance Plan,
5     Office of the Comptroller, Department of Corrections,
6     Criminal Justice Information Authority, Illinois Council
7     on Developmental Disabilities, Illinois Deaf and Hard of
8     Hearing Commission, Commission on Discrimination and Hate
9     Crimes, State Board of Education, Illinois Educational
10     Labor Relations Board, State Board of Elections, Illinois
11     Emergency Management Agency, Department of Employment
12     Security, Environmental Protection Agency, Illinois State
13     Fair, Illinois Finance Authority, Department of Financial
14     and Professional Regulation, Office of the First Lady,
15     Illinois Gaming Board, Office of the Governor,
16     Guardianship and Advocacy Commission, Department of
17     Healthcare and Family Services, Board of Higher Education,
18     Historic Preservation Agency, Illinois Housing Development
19     Authority, Illinois Human Rights Commission, Department of
20     Human Rights, Department of Human Services, Illinois State
21     Board of Investment, Department of Juvenile Justice,
22     Office of the Lieutenant Governor, Department of Labor,
23     Illinois Labor Relations Board, Illinois Law Enforcement
24     Training Standards Board, Illinois Liquor Control
25     Commission, Illinois Lottery, Governor's Office of
26     Management and Budget, Illinois Medical District

 

 

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1     Commission, Department of Military Affairs, Department of
2     Natural Resources, Pollution Control Board, Prairie State
3     2000 Authority, Property Tax Appeal Board, Department of
4     Public Health, Illinois Prisoner Review Board, Illinois
5     Racing Board, Department of Revenue, Office of the
6     Secretary of State, State Fire Marshal, Illinois State
7     Police, State Police Merit Board, State Retirement
8     Systems, Office of the State Treasurer, State Universities
9     Civil Service System, State Universities Retirement
10     System, Illinois Student Assistance Commission, Illinois
11     Supreme Court, Illinois Teachers' Retirement System,
12     Illinois State Toll Highway Authority, Department of
13     Transportation, Department of Veterans Affairs',
14     Governor's Office of Women's Affairs, and Illinois
15     Workers' Compensation Commission.
 
16     Section 15. Task Force.
17     (a) The Task Force on Inventorying Employment Restrictions
18 is hereby created in the Department of Employment Security. The
19 purpose of the Task Force is to review the statutes,
20 administrative rules, policies and practices that restrict
21 employment of persons with a criminal history, as set out in
22 subsection (c) of this Section, and to report to the Governor
23 and the General Assembly those employment restrictions and
24 their impact on employment opportunities for people with
25 criminal records.

 

 

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1     (b) Within 60 days after the effective date of this Act,
2 the President of the Senate, the Speaker of the House of
3 Representatives, the Minority Leader of the Senate, and the
4 Minority Leader of the House of Representatives shall each
5 appoint 2 members to the Task Force. In addition, the Director
6 or Secretary of each of the following, or his or her designee,
7 are members: the Department of Human Services, the Department
8 of Corrections, the Department of Commerce and Economic
9 Opportunity, the Department of Children and Family Services,
10 the Department of Human Rights, the Illinois State Board of
11 Education, the Illinois Board of Higher Education, and the
12 Illinois Community College Board. Members shall not receive
13 compensation. The Department of Employment Security shall
14 provide staff and other assistance to the Task Force.
15     (c) On or before September 1, 2009, all State agencies
16 shall produce a report for the Task Force that describes the
17 employment restrictions that are based on criminal records for
18 each occupation under the agency's jurisdiction and that of its
19 boards, if any, including, but not limited to, employment
20 within the agency; employment in facilities licensed,
21 regulated, supervised, or funded by the agency; employment
22 pursuant to contracts with the agency; and employment in
23 occupations that the agency licenses or provides
24 certifications to practice. For each occupation subject to a
25 criminal records-based restriction, the agency shall set forth
26 the following:

 

 

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1         (1) the job title, occupation, job classification, or
2     restricted place of employment, including the range of
3     occupations affected in such places;
4         (2) the statute, regulation, policy, and procedure
5     that authorizes the restriction of applicants for
6     employment and licensure, current employees, and current
7     licenses;
8         (3) the substance and terms of the restriction, and
9             (A) if the statute, regulation, policy or practice
10         enumerates disqualifying offenses, a list of each
11         disqualifying offense, the time limits for each
12         offense, and the point in time when the time limit
13         begins;
14             (B) if the statute, regulation, policy or practice
15         does not enumerate disqualifying offenses and instead
16         provides for agency discretion in determining
17         disqualifying offenses, the criteria the agency has
18         adopted to apply the disqualification to individual
19         cases. Restrictions based on agency discretion
20         include, but are not limited to, restrictions based on
21         an offense "related to" the practice of a given
22         profession; an offense or act of "moral turpitude"; and
23         an offense evincing a lack of "good moral character".
24         (4) the procedures used by the agency to identify an
25     individual's criminal history, including but not limited
26     to disclosures on applications and background checks

 

 

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1     conducted by law enforcement or private entities;
2         (5) the procedures used by the agency to determine and
3     review whether an individual's criminal history
4     disqualifies that individual;
5         (6) the year the restriction was adopted, and its
6     rationale;
7         (7) any exemption, waiver, or review mechanisms
8     available to seek relief from the disqualification based on
9     a showing of rehabilitation or otherwise, including the
10     terms of the mechanism, the nature of the relief it
11     affords, and whether an administrative and judicial appeal
12     is authorized;
13         (8) any statute, rule, policy and practice that
14     requires an individual convicted of a felony to have his
15     civil rights restored to become qualified for the job; and
16     9 copies of the following documents:
17             (A) forms, applications, and instructions provided
18         to applicants and those denied or terminated from jobs
19         or licenses based on their criminal record;
20             (B) forms, rules, and procedures that the agency
21         employs to provide notice of disqualification, to
22         review applications subject to disqualification, and
23         to provide for exemptions and appeals of
24         disqualification.
25             (C) memos, guidance, instructions to staff,
26         scoring criteria and other materials used by the agency

 

 

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1         to evaluate the criminal histories of applicants,
2         licensees, and employees; and
3             (D) forms and notices used to explain waiver,
4         exemption and appeals procedures for denial,
5         suspensions and terminations of employment or
6         licensure based on criminal history.
7     (d) Each executive agency shall participate in a review to
8 determine the impact of the employment restrictions based on
9 criminal records and the effectiveness of existing
10 case-by-case review mechanisms. For each occupation under the
11 agency's jurisdiction for which there are employment
12 restrictions based on criminal records, each State agency must
13 provide the Task Force with a report, on or before November 1,
14 2009, for the previous 2-year period, setting forth:
15         (1) the total number of people currently employed in
16     the occupation whose employment or licensure required
17     criminal history disclosure, background checks or
18     restrictions;
19         (2) the number and percentage of individuals who
20     underwent a criminal history background check;
21         (3) the number and percentage of individuals who were
22     merely required to disclose their criminal history without
23     a criminal history background check;
24         (4) the number and percentage of individuals who were
25     found disqualified based on criminal history disclosure by
26     the applicant;

 

 

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1         (5) the number and percentage of individuals who were
2     found disqualified based on a criminal history background
3     check;
4         (6) the number and percentage of individuals who sought
5     an exemption or waiver from the disqualification;
6         (7) the number and percentage of individuals who sought
7     an exemption or waiver who were subsequently granted the
8     exemption or waiver at the first level of agency review (if
9     multiple levels of review are available);
10         (8) the number and percentage of individuals who sought
11     an exemption or waiver who were subsequently granted the
12     exemption or waiver at the next level of agency review (if
13     multiple levels of review are available);
14         (9) the number and percentage of individuals who were
15     denied an exemption or waiver at the final level of agency
16     review, and then sought review through an administrative
17     appeal;
18         (10) the number and percentage of individuals who were
19     denied an exemption or waiver at the final level of agency
20     review, and then sought review through an administrative
21     appeal and were then found qualified after such a review;
22         (11) the number and percentage of individuals who were
23     found disqualified where no waiver or exemption process is
24     available;
25         (12) the number and percentage of individuals who were
26     found disqualified where no waiver or exemption process is

 

 

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1     available and who sought administrative review and then
2     were found qualified;
3         (13) if the agency maintains records of active licenses
4     or certifications, the executive agency shall provide the
5     total number of employees in occupations subject to
6     criminal history restrictions.
7     (e) The Task Force shall report its findings and
8 recommendations to the Governor and the General Assembly by
9 January 31, 2010.
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.