Illinois General Assembly

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 Bill Status of HB5701  98th General Assembly


Short Description:  EMPLOYEE BACKGROUND CHECK

House Sponsors
Rep. Rita Mayfield - William Davis - Christian L. Mitchell - La Shawn K. Ford, Kelly M. Cassidy, Elizabeth Hernandez and Camille Y. Lilly

Senate Sponsors
(Sen. Antonio Muņoz - Iris Y. Martinez - Patricia Van Pelt - Jacqueline Y. Collins - Kwame Raoul, Linda Holmes, Daniel Biss, Melinda Bush, John J. Cullerton, Steve Stadelman, John G. Mulroe, William Delgado, Kimberly A. Lightford, Ira I. Silverstein, Steven M. Landek, Donne E. Trotter and Napoleon Harris, III)

Last Action
DateChamber Action
  7/21/2014HousePublic Act . . . . . . . . . 98-0774

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Best Candidate for the Job Act. Provides that an employer may not inquire into or require disclosure of a job applicant's criminal record or criminal history before the candidate has been notified that the candidate has been selected for a job interview or has been offered a conditional offer of employment. Requires consideration of the nature and gravity of a candidate's conviction record, the time elapsed since the conviction, and whether the conviction has a direct bearing on the candidate's fitness before excluding a candidate. Authorizes civil remedies. Provides that the Department of Labor may impose penalties for violations. Effective January 1, 2015.

House Committee Amendment No. 3
Adds reference to:
30 ILCS 105/5.855 new

Replaces everything after the enacting clause. Creates the Job Opportunities for Qualified Applicants Act. Contains findings and definitions. Provides that, with the exception of positions where employers are required to exclude applicants with certain criminal convictions from employment due to federal or State law, an employer or employment agency may not inquire about or into, consider, or require disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview by the employer or employment agency or, if there is not an interview, until after a conditional offer of employment is made to the applicant by the employer or employment agency. Provides that the Department of Labor shall investigate alleged violations by an employer or employment agency and authorizes the imposition of warnings and civil penalties. Provides that moneys recovered by the Department shall be deposited into the Job Opportunities for Qualified Applicants Enforcement Fund, provides that moneys in the Fund may be used only to enforce employer violations of the Job Opportunities for Qualified Applicants Act, and amends the State Finance Act to include the Fund as a special fund. Excludes public employers from the scope of the Act. Sets forth provisions governing complaints or grievances concerning violations of the Act by employers. Effective January 1, 2015.

House Floor Amendment No. 5
Replaces everything after the enacting clause with provisions similar to those of House Amendment No. 3. Provides that the Act applies to employers having 15, rather than one, or more employees. Adds exceptions related to positions requiring fidelity bonds. Grants specific rulemaking authority to the Department of Labor. Effective January 1, 2015.

Senate Committee Amendment No. 2
Defines the terms "construction" and "contractor", Adds provisions exempting employment with construction contractors and employers employing individuals under the Emergency Medical Services (EMS) Systems Act and the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act,

Senate Floor Amendment No. 3
Replaces everything after the enacting clause with provisions similar to those contained in the engrossed bill, but adds an exemption for employers employing licensees under the Emergency Medical Services (EMS) Systems Act. Effective January 1, 2015.

Actions 
DateChamber Action
  2/14/2014HouseFiled with the Clerk by Rep. Rita Mayfield
  2/14/2014HouseFirst Reading
  2/14/2014HouseReferred to Rules Committee
  3/3/2014HouseAssigned to Labor & Commerce Committee
  3/5/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Rita Mayfield
  3/5/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/13/2014HouseHouse Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee
  3/18/2014HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Rita Mayfield
  3/18/2014HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/19/2014HouseAdded Chief Co-Sponsor Rep. William Davis
  3/20/2014HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/20/2014HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/20/2014HouseHouse Committee Amendment No. 2 Rules Refers to Labor & Commerce Committee
  3/24/2014HouseHouse Committee Amendment No. 3 Filed with Clerk by Rep. Rita Mayfield
  3/24/2014HouseHouse Committee Amendment No. 3 Referred to Rules Committee
  3/25/2014HouseHouse Committee Amendment No. 3 Rules Refers to Labor & Commerce Committee
  3/26/2014HouseHouse Committee Amendment No. 3 Adopted in Labor & Commerce Committee; by Voice Vote
  3/26/2014HouseDo Pass as Amended / Short Debate Labor & Commerce Committee; 011-003-000
  3/26/2014HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/26/2014HouseHouse Committee Amendment No. 2 Tabled Pursuant to Rule 40
  3/27/2014HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2014HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  3/31/2014HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Rita Mayfield
  3/31/2014HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  4/1/2014HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. Rita Mayfield
  4/1/2014HouseHouse Floor Amendment No. 5 Referred to Rules Committee
  4/2/2014HouseHouse Floor Amendment No. 5 Recommends Be Adopted Rules Committee; 004-000-000
  4/4/2014HouseSecond Reading - Short Debate
  4/4/2014HouseHouse Floor Amendment No. 5 Adopted
  4/4/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/7/2014HouseAdded Chief Co-Sponsor Rep. Christian L. Mitchell
  4/7/2014HouseChief Co-Sponsor Changed to Rep. Christian L. Mitchell
  4/10/2014HouseThird Reading - Consideration Postponed
  4/10/2014HousePlaced on Calendar - Consideration Postponed
  4/11/2014HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  4/11/2014HouseRule 19(a) / Re-referred to Rules Committee
  4/29/2014HouseApproved for Consideration Rules Committee; 003-000-000
  4/29/2014HouseFinal Action Deadline Extended-9(b) May 31, 2014
  4/29/2014HousePlaced on Calendar - Consideration Postponed
  4/30/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/30/2014HouseThird Reading - Short Debate - Passed 063-053-000
  4/30/2014HouseHouse Floor Amendment No. 4 Tabled Pursuant to Rule 40
  4/30/2014SenateArrive in Senate
  4/30/2014SenatePlaced on Calendar Order of First Reading May 1, 2014
  4/30/2014SenateChief Senate Sponsor Sen. Antonio Muņoz
  5/1/2014SenateFirst Reading
  5/1/2014SenateReferred to Assignments
  5/1/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  5/1/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  5/6/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/6/2014SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  5/6/2014SenateAdded as Alternate Co-Sponsor Sen. Daniel Biss
  5/6/2014SenateAdded as Alternate Co-Sponsor Sen. Melinda Bush
  5/7/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul
  5/7/2014SenateAssigned to Executive
  5/8/2014SenateAdded as Alternate Co-Sponsor Sen. John J. Cullerton
  5/8/2014SenateAdded as Alternate Co-Sponsor Sen. Steve Stadelman
  5/9/2014SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Antonio Muņoz
  5/9/2014SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/9/2014SenateAdded as Alternate Co-Sponsor Sen. John G. Mulroe
  5/12/2014SenateAdded as Alternate Co-Sponsor Sen. William Delgado
  5/12/2014SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
  5/13/2014SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  5/13/2014SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  5/13/2014SenateAdded as Alternate Co-Sponsor Sen. Steven M. Landek
  5/14/2014SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Antonio Muņoz
  5/14/2014SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/14/2014SenateSenate Committee Amendment No. 2 Assignments Refers to Executive
  5/14/2014SenateSenate Committee Amendment No. 1 Postponed - Executive
  5/14/2014SenateSenate Committee Amendment No. 2 Adopted
  5/14/2014SenateDo Pass as Amended Executive; 012-002-000
  5/14/2014SenatePlaced on Calendar Order of 2nd Reading May 15, 2014
  5/16/2014SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Antonio Muņoz
  5/16/2014SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/16/2014SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
  5/19/2014SenateAdded as Alternate Co-Sponsor Sen. Donne E. Trotter
  5/19/2014SenateSenate Floor Amendment No. 3 Assignments Refers to Executive
  5/22/2014SenateSenate Floor Amendment No. 3 Recommend Do Adopt Executive; 011-000-000
  5/22/2014SenateSecond Reading
  5/22/2014SenateSenate Floor Amendment No. 3 Adopted; Muņoz
  5/22/2014SenatePlaced on Calendar Order of 3rd Reading May 23, 2014
  5/23/2014SenateThird Reading - Passed; 040-012-000
  5/23/2014SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/23/2014HouseArrived in House
  5/23/2014HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2, 3
  5/26/2014HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Rita Mayfield
  5/26/2014HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Rita Mayfield
  5/26/2014HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/26/2014HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/26/2014HouseSenate Committee Amendment No. 2 Motion to Concur Rules Referred to Labor & Commerce Committee
  5/26/2014HouseSenate Floor Amendment No. 3 Motion to Concur Rules Referred to Labor & Commerce Committee
  5/27/2014HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 013-000-000
  5/27/2014HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 013-000-000
  5/29/2014HouseSenate Committee Amendment No. 2 House Concurs 067-047-000
  5/29/2014HouseSenate Floor Amendment No. 3 House Concurs 067-047-000
  5/29/2014HouseHouse Concurs
  5/29/2014SenateAdded as Alternate Co-Sponsor Sen. Napoleon Harris, III
  5/29/2014HousePassed Both Houses
  6/27/2014HouseSent to the Governor
  7/21/2014HouseGovernor Approved
  7/21/2014HouseEffective Date January 1, 2015
  7/21/2014HousePublic Act . . . . . . . . . 98-0774

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