Sen. Antonio Muņoz

Filed: 5/16/2014





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2    AMENDMENT NO. ______. Amend House Bill 5701, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the Job
6Opportunities for Qualified Applicants Act.
7    Section 5. Findings. The General Assembly finds that it is
8in the public interest to do more to give Illinois employers
9access to the broadest pool of qualified applicants possible,
10protect the civil rights of those seeking employment, and
11ensure that all qualified applicants are properly considered
12for employment opportunities and are not pre-screened or denied
13an employment opportunity unnecessarily or unjustly.
14    Section 10. Definitions. As used in this Act:
15    "Applicant" means any person pursuing employment with an



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1employer or with or through an employment agency.
2    "Employer" means any person or private entity that has 15
3or more employees in the current or preceding calendar year,
4and any agent of such an entity or person.
5    "Employment agency" means any person or entity regularly
6undertaking with or without compensation to procure employees
7for an employer or to procure for employees opportunities to
8work for an employer and includes an agent of such a person.
9    "Employment" means any occupation or vocation.
10    Section 15. Employer pre-screening.
11    (a) An employer or employment agency may not inquire about
12or into, consider, or require disclosure of the criminal record
13or criminal history of an applicant until the applicant has
14been determined qualified for the position and notified that
15the applicant has been selected for an interview by the
16employer or employment agency or, if there is not an interview,
17until after a conditional offer of employment is made to the
18applicant by the employer or employment agency.
19    (b) The requirements set forth in subsection (a) of this
20Section 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;
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    or
6         (3) employers employ individuals licensed under the
7    Emergency Medical Services (EMS) Systems Act.
8    (c) This Section does not prohibit an employer from
9notifying applicants in writing of the specific offenses that
10will disqualify an applicant from employment in a particular
11position due to federal or State law or the employer's policy.
12    Section 20. Administration of Act and rulemaking
14    (a) The Illinois Department of Labor shall investigate any
15alleged violations of this Act by an employer or employment
16agency. If the Department finds that a violation has occurred,
17the Director of Labor may impose the following civil penalties:
18        (1) For the first violation, the Director shall issue a
19    written warning to the employer or employment agency that
20    includes notice regarding penalties for subsequent
21    violations and the employer shall have 30 days to remedy
22    the violation;
23        (2) For the second violation, or if the first violation
24    is not remedied within 30 days of notice by the Department,
25    the Director may impose a civil penalty of up to $500;



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1        (3) For the third violation, or if the first violation
2    is not remedied within 60 days of notice by the Department,
3    the Director may impose an additional civil penalty of up
4    to $1,500;
5        (4) For subsequent violations, or if the first
6    violation is not remedied within 90 days of notice by the
7    Department, the Director may impose an additional civil
8    penalty of up to $1,500 for every 30 days that passes
9    thereafter without compliance.
10    (b) Penalties under this Section may be assessed by the
11Department and recovered in a civil action brought by the
12Department in any circuit court or in any administrative
13adjudicative proceeding under this Act. In any such civil
14action or administrative adjudicative proceeding under this
15Act, the Department shall be represented by the Attorney
17    (c) All moneys recovered as civil penalties under this
18Section shall be deposited into the Job Opportunities for
19Qualified Applicants Enforcement Fund, a special fund which is
20created in the State treasury. Moneys in the Fund may be used
21only to enforce employer violations of this Act.
22    (d) The Department may adopt rules necessary to administer
23this Act and may establish an administrative procedure to
24adjudicate claims and issue final and binding decisions subject
25to the Administrative Review Law.



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1    Section 90. The State Finance Act is amended by adding
2Section 5.855 as follows:
3    (30 ILCS 105/5.855 new)
4    Sec. 5.855. The Job Opportunities for Qualified Applicants
5Enforcement Fund.
6    Section 99. Effective date. This Act takes effect January
71, 2015.".