PRINTER'S NO. 1019

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

898

Session of

2019

INTRODUCED BY A. DAVIS, CALTAGIRONE, FREEMAN, KINSEY,

SCHLOSSBERG, MURT, CEPHAS, WILLIAMS, HILL-EVANS, HARRIS,

McNEILL, McCLINTON, FRANKEL, DELLOSO, SCHWEYER, SOLOMON,

establishing the Ex-offender Increased Access to Employment

Enforcement Fund; making an appropriation; and providing for

construction of act.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Ex-offender

Increased Access to Employment Act.

Section 2. Findings.

The General Assembly finds that it is in the public interest

considered for employment opportunities and are not

prescreened or denied an employment opportunity unnecessarily

or unjustly.

Section 3. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Applicant." A person pursuing employment with an employer

or with or through an employment agency.

"Department." The Department of Labor and Industry of the

employees in the current or preceding calendar year and an

agent of the person or private entity.

"Employment." An occupation or vocation.

"Employment agency." A person or entity, or an agent of the

person or entity, regularly undertaking with or without

compensation to procure employees for an employer or to procure

for employees opportunities to work for an employer.

"Fund." The Ex-offender Increased Access to Employment

Enforcement Fund established under section 5(d).

inquire about or into or consider or require disclosure of the

criminal record or criminal history of an applicant until after

a conditional offer of employment is made to the applicant by

the employer or employment agency.

(b) Exemptions.--The requirement under subsection (a) does

not apply for positions where:

certain criminal convictions from employment due to Federal

or State law; or

(c) Notification.--This section does not prohibit an

employer from notifying applicants in writing of the specific

offenses that will disqualify an applicant from employment in a

particular position due to Federal or State law or the

employer's policy.

Section 5. Administration of act and rulemaking authority.

(a) Investigation and penalties.--The department may

investigate an alleged violation of this act by an employer or

employment agency. If the department finds that a violation of

this act has occurred, the secretary may impose the following

civil penalty of up to $500.

may impose a civil penalty of up to $1,500.

(b) Remedy of violation.--A penalty imposed under subsection

(a)(1), (2) or (3) shall include a requirement that the employer

or employment agency remedy the violation within 30 days of

receipt of notice of the violation from the department. An

employer or employment agency that fails to remedy a violation

after receipt of notice from the department shall be subject to

an additional penalty of up to $1,500 for every 30 days that

Enforcement Fund is established as a special fund in the State

Treasury.

(e) Deposit and appropriation.--The money recovered as civil

penalties under this section shall be deposited into the fund.

The money in the fund shall be appropriated to the department on

a continuing basis and may be used only to enforce employer

violations of this act.

(f) Administration and procedure.--The department may

promulgate regulations necessary to administer this act and may

establish an administrative procedure to adjudicate claims and

conducting a criminal history background check on an individual

after complying with the provisions of this act.

Section 7. Effective date.

This act shall take effect in 60 days.