Full Text of SB0405 100th General Assembly
SB0405sam001 100TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 4/9/2018
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| 1 | | AMENDMENT TO SENATE BILL 405
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 405 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | adding Section 50-80 as follows: | 6 | | (30 ILCS 500/50-80 new) | 7 | | Sec. 50-80. Sexual harassment policy. Each bid or offer | 8 | | submitted for a State contract under this Code shall include a | 9 | | written copy of the bidder's sexual harassment policy in | 10 | | accordance with paragraph (4) of subsection (A) of Section | 11 | | 2-105 of the Illinois Human Rights Act. | 12 | | Section 10. The Economic Development for a Growing Economy | 13 | | Tax Credit Act is amended by changing Section 5-20 and by | 14 | | adding Section 5-58 as follows:
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| 1 | | (35 ILCS 10/5-20)
| 2 | | Sec. 5-20. Application for a project to create and retain | 3 | | new jobs.
| 4 | | (a) Any Taxpayer proposing a project located or planned to | 5 | | be located in
Illinois may request consideration
for | 6 | | designation of its project, by formal written letter of request | 7 | | or by
formal application to the Department,
in which the | 8 | | Applicant states its intent to make at least a specified level | 9 | | of
investment and
intends to hire or retain a
specified number | 10 | | of full-time employees at a designated location in Illinois.
As
| 11 | | circumstances require, the
Department may require a formal | 12 | | application from an Applicant and a formal
letter of request | 13 | | for
assistance.
| 14 | | (b) In order to qualify for Credits under this Act, an | 15 | | Applicant's project
must:
| 16 | | (1) if the Applicant has more than 100 employees, | 17 | | involve an investment of at least $2,500,000 in capital | 18 | | improvements
to be placed in service within the
State as a | 19 | | direct result of the project; if the Applicant has 100 or | 20 | | fewer employees, then there is no capital investment | 21 | | requirement; and
| 22 | | (1.5) if the Applicant has more than 100 employees, | 23 | | employ a number of new employees in the State equal to the | 24 | | lesser of (A) 10% of the number of full-time employees | 25 | | employed by the applicant world-wide on the date the | 26 | | application is filed with the Department or (B) 50 New |
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| 1 | | Employees; and, if the Applicant has 100 or fewer | 2 | | employees, employ a number of new employees in the State | 3 | | equal to the lesser of (A) 5% of the number of full-time | 4 | | employees employed by the applicant world-wide on the date | 5 | | the application is filed with the Department or (B) 50 New | 6 | | Employees; and | 7 | | (2) (blank); | 8 | | (3) (blank) ; .
| 9 | | (4) include an annual sexual harassment policy report | 10 | | as provided under Section 5-58. | 11 | | (c) After receipt of an application, the Department may | 12 | | enter into an
Agreement with the Applicant if the
application | 13 | | is accepted in accordance with Section 5-25.
| 14 | | (Source: P.A. 100-511, eff. 9-18-17.)
| 15 | | (35 ILCS 10/5-58 new) | 16 | | Sec. 5-58. Sexual harassment policy report. Each taxpayer | 17 | | claiming a credit under this Act shall, no later than April 15 | 18 | | of each taxable year for which the taxpayer claims a credit | 19 | | under this Act, submit to the Department of Commerce and | 20 | | Economic Opportunity a report detailing that taxpayer's sexual | 21 | | harassment policy, which contains, at a minimum, the following | 22 | | information: (i) the illegality of sexual harassment; (ii) the | 23 | | definition of sexual harassment under State law; (iii) a | 24 | | description of sexual harassment, utilizing examples; (iv) the | 25 | | vendor's internal complaint process, including penalties; (v) |
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| 1 | | the legal recourse, and investigative and complaint processes | 2 | | available through the Department; (vi) directions on how to | 3 | | contact the Department; and (vii) protection against | 4 | | retaliation as provided by Section 6-101 of the Illinois Human | 5 | | Rights Act. A copy of the policy shall be provided to the | 6 | | Department upon request. The reports required under this | 7 | | Section shall be submitted in a form and manner determined by | 8 | | the Department of Commerce and Economic Opportunity. | 9 | | Section 15. The Illinois Human Rights Act is amended by | 10 | | changing Section 2-105 as follows:
| 11 | | (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
| 12 | | Sec. 2-105. Equal Employment Opportunities; Affirmative | 13 | | Action.
| 14 | | (A) Public Contracts. Every party to a public contract and | 15 | | every
eligible bidder shall:
| 16 | | (1) Refrain from unlawful discrimination and | 17 | | discrimination based on
citizenship status in employment | 18 | | and undertake affirmative action to assure
equality of | 19 | | employment opportunity and eliminate the effects of past
| 20 | | discrimination;
| 21 | | (2) Comply with the procedures and requirements of the | 22 | | Department's
regulations concerning equal employment | 23 | | opportunities and affirmative action;
| 24 | | (3) Provide such information, with respect to its |
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| 1 | | employees and
applicants for employment, and assistance as | 2 | | the Department may
reasonably request;
| 3 | | (4) Have written sexual harassment policies that shall | 4 | | include, at a
minimum, the following information: (i) the | 5 | | illegality of
sexual harassment; (ii) the definition of | 6 | | sexual harassment under State
law; (iii) a description of | 7 | | sexual harassment, utilizing examples; (iv) the
vendor's | 8 | | internal complaint process including penalties; (v) the | 9 | | legal
recourse, investigative and complaint process | 10 | | available through the
Department and the Commission; (vi) | 11 | | directions on how to contact the
Department and Commission; | 12 | | and (vii) protection against retaliation as
provided by | 13 | | Section 6-101 of this Act. A copy of the policies shall
be | 14 | | provided to the Department upon request. Additionally, | 15 | | each bid or offer submitted for a State contract under the | 16 | | Illinois Procurement Code shall include a written copy of | 17 | | the bidder's sexual harassment policy as required under | 18 | | this paragraph (4).
| 19 | | (B) State Agencies. Every State executive department, | 20 | | State agency,
board, commission, and instrumentality shall:
| 21 | | (1) Comply with the procedures and requirements of the | 22 | | Department's
regulations concerning equal employment | 23 | | opportunities and affirmative action;
| 24 | | (2) Provide such information and assistance as the | 25 | | Department may request.
| 26 | | (3) Establish, maintain, and carry out a continuing |
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| 1 | | affirmative action
plan consistent with this Act and the | 2 | | regulations of the Department designed
to promote equal | 3 | | opportunity for all State residents in every aspect of
| 4 | | agency personnel policy and practice. For purposes of these | 5 | | affirmative
action plans, the race and national origin | 6 | | categories to be included in the
plans are: American Indian | 7 | | or Alaska Native, Asian, Black or African American, | 8 | | Hispanic or Latino, Native Hawaiian or Other Pacific | 9 | | Islander. | 10 | | This plan shall
include a current detailed status | 11 | | report:
| 12 | | (a) indicating, by each position in State service, | 13 | | the number,
percentage, and average salary of | 14 | | individuals employed by race, national
origin, sex and | 15 | | disability, and any other category that the Department | 16 | | may
require by rule;
| 17 | | (b) identifying all positions in which the | 18 | | percentage of the people
employed by race, national | 19 | | origin, sex and disability, and any other
category that | 20 | | the Department may require by rule, is less than | 21 | | four-fifths of
the percentage of each of those | 22 | | components in the State work force;
| 23 | | (c) specifying the goals and methods for | 24 | | increasing the percentage
by race, national origin, | 25 | | sex and disability, and any other category
that the | 26 | | Department may require by rule, in State positions;
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| 1 | | (d) indicating progress and problems toward | 2 | | meeting equal employment
opportunity goals, including, | 3 | | if applicable, but not limited to, Department
of | 4 | | Central Management Services recruitment efforts, | 5 | | publicity, promotions,
and use of options designating | 6 | | positions by linguistic abilities;
| 7 | | (e) establishing a numerical hiring goal for the | 8 | | employment of
qualified persons with disabilities in | 9 | | the agency as a whole, to be based
on the proportion of | 10 | | people with work disabilities in the Illinois labor
| 11 | | force as reflected in the most recent employment data | 12 | | made available by the United States Census Bureau.
| 13 | | (4) If the agency has 1000 or more employees, appoint a | 14 | | full-time Equal
Employment Opportunity officer, subject to | 15 | | the Department's approval, whose
duties shall include:
| 16 | | (a) Advising the head of the particular State | 17 | | agency with respect to the
preparation of equal | 18 | | employment opportunity programs, procedures, | 19 | | regulations,
reports, and the agency's affirmative | 20 | | action plan.
| 21 | | (b) Evaluating in writing each fiscal year the | 22 | | sufficiency of the total
agency program for equal | 23 | | employment opportunity and reporting thereon to
the | 24 | | head of the agency with recommendations as to any | 25 | | improvement or
correction in recruiting, hiring or | 26 | | promotion needed, including remedial or
disciplinary |
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| 1 | | action with respect to managerial or supervisory | 2 | | employees who
have failed to cooperate fully or who are | 3 | | in violation of the program.
| 4 | | (c) Making changes in recruitment, training and | 5 | | promotion programs
and in hiring and promotion | 6 | | procedures designed to eliminate
discriminatory | 7 | | practices when authorized.
| 8 | | (d) Evaluating tests, employment policies,
| 9 | | practices and qualifications
and reporting to the head | 10 | | of the agency and to the Department any policies,
| 11 | | practices and qualifications that have unequal impact | 12 | | by race, national origin
as required by Department | 13 | | rule, sex or disability or any other category that
the | 14 | | Department may require by rule, and to assist in the | 15 | | recruitment of people
in underrepresented | 16 | | classifications. This function shall be performed in
| 17 | | cooperation with the State Department of Central | 18 | | Management Services.
| 19 | | (e) Making any aggrieved employee or applicant for | 20 | | employment aware of
his or her remedies under this Act.
| 21 | | In any meeting, investigation, negotiation, | 22 | | conference, or other
proceeding between a State | 23 | | employee and an Equal Employment Opportunity
officer, | 24 | | a State employee (1) who is not covered by a collective | 25 | | bargaining
agreement and (2) who is the complaining | 26 | | party or the subject of such
proceeding may be |
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| 1 | | accompanied, advised and represented by (1) an | 2 | | attorney
licensed to practice law in the State of | 3 | | Illinois or (2) a representative of an
employee | 4 | | organization whose membership is composed of employees | 5 | | of the State
and of which the employee is a member. A | 6 | | representative of an employee, other
than an attorney, | 7 | | may observe but may not actively participate, or advise | 8 | | the
State employee during the course of such meeting, | 9 | | investigation, negotiation,
conference or other | 10 | | proceeding. Nothing in this Section shall be
construed | 11 | | to permit any person who is not licensed to practice | 12 | | law in Illinois
to deliver any legal services or | 13 | | otherwise engage in any activities that would
| 14 | | constitute the unauthorized practice of law. Any | 15 | | representative of an employee
who is present with the | 16 | | consent of the employee, shall not, during or after
| 17 | | termination of the relationship permitted by this | 18 | | Section with the State
employee, use or reveal any | 19 | | information obtained during the course of the
meeting, | 20 | | investigation, negotiation, conference or other | 21 | | proceeding without the
consent of the complaining | 22 | | party and any State employee who is the subject of
the | 23 | | proceeding and pursuant to rules and regulations | 24 | | governing confidentiality
of such information as | 25 | | promulgated by the appropriate State agency.
| 26 | | Intentional or reckless disclosure of information in |
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| 1 | | violation of these
confidentiality requirements shall | 2 | | constitute a Class B misdemeanor.
| 3 | | (5) Establish, maintain and carry out a continuing | 4 | | sexual harassment
program that shall include the | 5 | | following:
| 6 | | (a) Develop a written sexual harassment policy | 7 | | that includes at a
minimum the following information: | 8 | | (i) the illegality of sexual harassment;
(ii) the | 9 | | definition of sexual harassment under State law; (iii) | 10 | | a
description of sexual harassment, utilizing | 11 | | examples; (iv) the agency's
internal complaint process | 12 | | including penalties; (v) the legal recourse,
| 13 | | investigative and complaint process available through | 14 | | the Department and
the Commission; (vi) directions on | 15 | | how to contact the Department and
Commission; and (vii) | 16 | | protection against retaliation as provided by Section
| 17 | | 6-101 of this Act. The policy shall be reviewed | 18 | | annually.
| 19 | | (b) Post in a prominent and accessible location and | 20 | | distribute in a
manner to assure notice to all agency | 21 | | employees without exception the
agency's sexual | 22 | | harassment policy. Such documents may meet, but shall | 23 | | not
exceed, the 6th grade literacy level. Distribution | 24 | | shall be effectuated within
90 days of the effective | 25 | | date of this amendatory Act of 1992 and shall occur
| 26 | | annually thereafter.
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| 1 | | (c) Provide training on sexual harassment | 2 | | prevention and the
agency's sexual harassment policy | 3 | | as a component of all ongoing or new
employee training | 4 | | programs.
| 5 | | (6) Notify the Department 30 days before effecting any | 6 | | layoff. Once
notice is given, the following shall occur:
| 7 | | (a) No layoff may be effective
earlier than 10 | 8 | | working days after
notice to the Department, unless an
| 9 | | emergency layoff situation exists.
| 10 | | (b) The State executive department, State agency, | 11 | | board, commission,
or instrumentality in which the | 12 | | layoffs are to occur must
notify each employee targeted | 13 | | for layoff, the employee's union
representative (if | 14 | | applicable), and the State Dislocated Worker Unit at | 15 | | the
Department of Commerce and Economic Opportunity.
| 16 | | (c) The State executive department, State agency, | 17 | | board, commission,
or instrumentality in
which the | 18 | | layoffs are to occur must conform to applicable | 19 | | collective
bargaining agreements.
| 20 | | (d) The State executive department, State agency, | 21 | | board, commission, or
instrumentality in which the | 22 | | layoffs are to occur should notify each employee
| 23 | | targeted for layoff that transitional assistance may | 24 | | be available to him or her
under the Economic | 25 | | Dislocation and Worker Adjustment Assistance Act
| 26 | | administered by the Department of Commerce and |
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| 1 | | Economic Opportunity. Failure to
give such notice | 2 | | shall not invalidate the layoff or postpone its | 3 | | effective
date.
| 4 | | As used in this subsection (B), "disability" shall be | 5 | | defined in
rules promulgated under the Illinois Administrative
| 6 | | Procedure Act.
| 7 | | (C) Civil Rights Violations. It is a civil rights violation | 8 | | for any
public contractor or eligible bidder to:
| 9 | | (1) fail to comply with the public contractor's or | 10 | | eligible bidder's
duty to refrain from unlawful | 11 | | discrimination and discrimination based on
citizenship | 12 | | status in employment under subsection (A)(1) of this | 13 | | Section; or
| 14 | | (2) fail to comply with the public contractor's or | 15 | | eligible bidder's
duties of affirmative action under | 16 | | subsection (A) of this Section, provided
however, that the
| 17 | | Department has notified the public contractor or eligible | 18 | | bidder in writing
by certified mail that the public | 19 | | contractor or eligible bidder may not be
in compliance with | 20 | | affirmative action requirements of subsection (A). A
| 21 | | minimum
of 60 days to comply with the requirements shall be | 22 | | afforded to the public
contractor or eligible bidder before | 23 | | the Department may issue formal notice of
non-compliance.
| 24 | | (D) As used in this Section: | 25 | | (1) "American Indian or Alaska Native" means a person | 26 | | having origins in any of the original peoples of North and |
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| 1 | | South America, including Central America, and who | 2 | | maintains tribal affiliation or community attachment. | 3 | | (2) "Asian" means a person having origins in any of the | 4 | | original peoples of the Far East, Southeast Asia, or the | 5 | | Indian subcontinent, including, but not limited to, | 6 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 7 | | the Philippine Islands, Thailand, and Vietnam. | 8 | | (3) "Black or African American" means a person having | 9 | | origins in any of the black racial groups of Africa. Terms | 10 | | such as "Haitian" or "Negro" can be used in addition to | 11 | | "Black or African American". | 12 | | (4) "Hispanic or Latino" means a person of Cuban, | 13 | | Mexican, Puerto Rican, South or Central American, or other | 14 | | Spanish culture or origin, regardless of race. | 15 | | (5) "Native Hawaiian or Other Pacific Islander" means a | 16 | | person having origins in any of the original peoples of | 17 | | Hawaii, Guam, Samoa, or other Pacific Islands. | 18 | | (Source: P.A. 99-933, eff. 1-27-17.)".
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