Bill Text: IL HB3184 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Illinois New Business Owner Act. Provides that no application for a license for any State or local department, agency, board, or commission shall be denied or acted on adversely by reason of the applicant having been previously convicted of one or more criminal offenses or by reason of a finding of lack of good moral character, except if certain determinations are made. Provides certain factors to be considered concerning a previous criminal conviction. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3184 Detail]

Download: Illinois-2017-HB3184-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3184 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
New Act
Creates the Illinois New Business Owner Act. Provides that no application for a license for any State or local department, agency, board, or commission shall be denied or acted on adversely by reason of the applicant having been previously convicted of one or more criminal offenses or by reason of a finding of lack of good moral character, except if certain determinations are made. Provides certain factors to be considered concerning a previous criminal conviction. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Illinois New Business Owner Act.
Section 5. Purpose. The public policy of this State is to
promote transparency in government and remove the unnecessary
barriers in place that prevent hard-working people from
excelling in their profession and starting businesses. It is
also the public policy of this State to prohibit discrimination
on account of race; color; religion; sex, including sexual
harassment; national origin; ancestry; military status; age,
specifically the age of 40 or more; order of protection status;
marital status; sexual orientation, including gender-related
identity; unfavorable military discharge; and physical and
mental disability. The Equal Employment Opportunity Commission
found that blanket restrictions can result in the violation of
an individual's civil rights. This Act is intended to ensure
that the State is removing unnecessary barriers to business
ownership, ensuring a transparent license application review
process, and properly considering all applicants.
Section 10. Definitions. For the purposes of this Act, the

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following terms shall have the following meanings:
"Direct relationship" means that the nature of criminal
conduct for which the person was convicted has a direct bearing
on his or her fitness or ability to perform one or more of the
duties or responsibilities necessarily related to the license
in question.
"License" means any certificate, license, permit, or grant
of permission required by the laws of this State and its
political subdivisions or instrumentalities as a condition for
the lawful practice of any occupation, employment, trade,
vocation, business, or profession.
"Public agency" means the State, or any local subdivision
thereof, or any State or local department, agency, board, or
commission.
Section 15. Applicability. This Act applies to any person
who applies for a license from any public agency who has been
convicted of one or more criminal offenses in any jurisdiction.
Section 20. Blanket discrimination against persons
previously convicted of one or more criminal offenses
prohibited. No application for any license to which the
provisions of this Act are applicable shall be denied or acted
upon adversely by reason of the applicant having been
previously convicted of one or more criminal offenses or by
reason of a finding of lack of good moral character if such a

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finding is based upon the fact that the individual has
previously been convicted of one or more criminal offenses,
unless, after carefully considering the factors specified in
Section 25, the public agency determines that:
(1) there is a direct relationship between one or more
of the previous criminal offenses and the specific license
sought or held by the individual; and
(2) the issuance or continuation of the license would
involve a substantial risk to property or the general
public.
Section 25. Factors to be considered concerning a previous
criminal conviction.
(a) In making a determination pursuant to Section 20, the
public agency shall consider the following factors:
(1) the public policy of this State to prohibit
discrimination and encourage the growth and creation of
businesses;
(2) the specific duties and responsibilities
necessarily related to the license sought;
(3) the bearing, if any, the criminal offense or
offenses for which the person was previously convicted will
have on his or her fitness or ability to perform one or
more of the duties or responsibilities necessarily related
to the license in question;
(4) any evidence demonstrating the ability of the

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applicant to perform the responsibilities of the license in
question;
(5) the time that has elapsed since the occurrence of
the criminal offense or offenses;
(6) the age of the person at the time of occurrence of
the criminal offense or offenses;
(7) the seriousness of the offense or offenses;
(8) the circumstances surrounding the offense or
offenses;
(9) any information produced by the person, or produced
on the person's behalf, in regard to the person's
rehabilitation and good conduct; and
(10) the legitimate interest of the public agency in
protecting property and public safety.
(b) In making a determination pursuant to Section 20, the
public agency shall also give consideration to a certificate of
relief from disabilities or a certificate of good conduct
issued to the applicant, which shall create a presumption of
rehabilitation in regard to the offenses or offenses specified
therein.
Section 99. Effective date. This Act takes effect upon
becoming law.