Full Text of HB5701 98th General Assembly
HB5701ham002 98TH GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 3/18/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5701
| 2 | | AMENDMENT NO. ______. Amend House Bill 5701 by replacing | 3 | | everything after the enacting clause with the following:
| 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. | 13 | | Section 10. Definitions. As used in this Act:
| 14 | | "Applicant" means any person pursuing employment with an | 15 | | employer or with or through an employment agency.
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| 1 | | "Employer" means any person or entity, private or public, | 2 | | who has one or more employees in the current or preceding | 3 | | calendar year, and any agent of such an entity or person.
| 4 | | "Public employer" means the State, an agency, department, | 5 | | commission, board, political subdivision, or instrumentality | 6 | | thereof, a unit of local government, or a school district. | 7 | | "Employment agency" means any person or entity regularly | 8 | | undertaking with or without compensation to procure employees | 9 | | for an employer or to procure for employees opportunities to | 10 | | work for an employer and includes an agent of such a person.
| 11 | | "Employment" means any occupation or vocation.
| 12 | | Section 15. Employer pre-screening.
| 13 | | (a) An employer or employment agency may not inquire about | 14 | | or into, consider, or require disclosure of the criminal record | 15 | | or criminal history of an applicant until the applicant has | 16 | | been determined qualified for the position and notified that | 17 | | the applicant has been selected for an interview by the | 18 | | employer or employment agency or, if there is not an interview, | 19 | | until after a conditional offer of employment is made to the | 20 | | applicant by the employer or employment agency.
| 21 | | (b) The requirements set forth in subsection (a) of this | 22 | | Section do not apply for positions where employers are required | 23 | | to exclude applicants with certain criminal convictions from | 24 | | employment due to federal or State law.
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| 1 | | Section 20. Private employer violations.
| 2 | | (a) The Illinois Department of Labor shall investigate any | 3 | | alleged violations of this Act by a private employer or | 4 | | employment agency. If the Department finds that a violation has | 5 | | occurred, the Director of Labor may impose the following civil | 6 | | penalties:
| 7 | | (1) For the first violation, the Director shall issue a | 8 | | written warning to the employer or employment agency that | 9 | | includes notice regarding penalties for subsequent | 10 | | violations and the employer shall have 30 days to remedy | 11 | | the violation;
| 12 | | (2) For the second violation, or if the first violation | 13 | | is not remedied within 30 days of notice by the Department, | 14 | | the Director may impose a civil penalty of up to $500;
| 15 | | (3) For the third violation, or if the first violation | 16 | | is not remedied within 60 days of notice by the Department, | 17 | | the Director may impose an additional civil penalty of up | 18 | | to $1,500;
| 19 | | (4) For subsequent violations, or if the first | 20 | | violation is not remedied within 90 days of notice by the | 21 | | Department, the Director may impose an additional civil | 22 | | penalty of up to $1,500 for every 30 days that passes | 23 | | thereafter without compliance. | 24 | | (b) Penalties under this Section may be assessed by the | 25 | | Department and recovered in a civil action brought by the | 26 | | Department in any circuit court or in any administrative |
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| 1 | | adjudicative proceeding under this Act. In any such civil | 2 | | action or administrative adjudicative proceeding under this | 3 | | Act, the Department shall be represented by the Attorney | 4 | | General.
| 5 | | (c) All moneys recovered as civil penalties under this | 6 | | Section shall be deposited into the Job Opportunities for | 7 | | Qualified Applicants Enforcement Fund, a special fund which is | 8 | | created in the State treasury. Moneys in the Fund may be used | 9 | | only to enforce private employer violations of this Act.
| 10 | | Section 25. Public employer violations. Any complaints or | 11 | | grievances concerning alleged violations of Section 10 of this | 12 | | Act by public employers shall be processed and adjudicated as | 13 | | follows:
| 14 | | (1) Municipalities, units of local government, and | 15 | | school districts shall be subject to the same provisions | 16 | | and penalties as private employers under Section 20 of this | 17 | | Act. The Department of Labor shall provide written warning | 18 | | to such employers regarding violations, and impose | 19 | | escalating civil penalties as set forth in Section 20 of | 20 | | this Act.
| 21 | | (2) A person who is injured by a violation of this Act | 22 | | by the State or an agency, department, commission, board, | 23 | | instrumentality, or political subdivision thereof may | 24 | | bring a civil action in circuit court to obtain injunctive | 25 | | relief or damages, or both. The court shall award costs, |
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| 1 | | reasonable litigation expenses, and reasonable attorney's | 2 | | fees to a person who prevails as a plaintiff in an action | 3 | | authorized under this Section.
| 4 | | Section 90. The State Finance Act is amended by adding | 5 | | Section 5.855 as follows: | 6 | | (30 ILCS 105/5.855 new) | 7 | | Sec. 5.855. The Job Opportunities for Qualified Applicants | 8 | | Enforcement Fund.
| 9 | | Section 99. Effective date. This Act takes effect January | 10 | | 1, 2015.".
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