Full Text of HB1166 103rd General Assembly
HB1166ham001 103RD GENERAL ASSEMBLY | Rep. Daniel Didech Filed: 3/1/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1166
| 2 | | AMENDMENT NO. ______. Amend House Bill 1166 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | adding Section 50-83 as follows: | 6 | | (30 ILCS 500/50-83 new) | 7 | | Sec. 50-83. Equal pay registration certificate. For | 8 | | procurements first solicited on or after January 1, 2025, a | 9 | | person who is required to obtain an equal pay registration | 10 | | certificate under Section 11 of the Equal Pay Act of 2003 may | 11 | | qualify as a bidder, offeror, or contractor under this Code if | 12 | | the person was issued an equal pay registration certificate | 13 | | from the Department of Labor during the previous 2 calendar | 14 | | years and includes a copy of the certificate with the bid or | 15 | | offer. For any bid or offer for a contract with a State agency | 16 | | by a person required to obtain an equal pay registration |
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| 1 | | certificate under Section 11 of the Equal Pay Act of 2003, the | 2 | | chief procurement officer shall verify that the person holds | 3 | | an equal pay registration certificate issued during the | 4 | | previous 2 calendar years. | 5 | | Section 10. The Equal Pay Act of 2003 is amended by | 6 | | changing Section 11 as follows: | 7 | | (820 ILCS 112/11) | 8 | | Sec. 11. Equal pay registration certificate requirements; | 9 | | application. For the purposes of this Section 11 only, | 10 | | "business" means any private employer who has 100 or more | 11 | | employees in the State of Illinois and is required to file an | 12 | | Annual Employer Information Report EEO-1 with the Equal | 13 | | Employment Opportunity Commission, but does not include the | 14 | | State of Illinois or any political subdivision, municipal | 15 | | corporation, or other governmental unit or agency. | 16 | | (a) A business must obtain an equal pay registration | 17 | | certificate from the Department. | 18 | | (b) Any business subject to the requirements of this | 19 | | Section that is authorized to transact business in this State | 20 | | on March 23, 2021 shall submit an application to obtain an | 21 | | equal pay registration certificate, between March 24, 2022 and | 22 | | March 23, 2024, and must recertify every 2 years thereafter. | 23 | | Any business subject to the requirements of this Section that | 24 | | is authorized to transact business in this State after March |
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| 1 | | 23, 2021 must submit an application to obtain an equal pay | 2 | | registration certificate within 3 years of commencing business | 3 | | operations, but not before January 1, 2024, and must recertify | 4 | | every 2 years thereafter. The Department shall collect contact | 5 | | information from each business subject to this Section. The | 6 | | Department shall assign each business a date by which it must | 7 | | submit an application to obtain an equal pay registration | 8 | | certificate. The business shall recertify every 2 years at a | 9 | | date to be determined by the Department. When a business | 10 | | receives a notice from the Department to recertify for its | 11 | | equal pay registration certificate, if the business has fewer | 12 | | than 100 employees, the business must certify in writing to | 13 | | the Department that it is exempt from this Section. Any new | 14 | | business that is subject to this Section and authorized to | 15 | | conduct business in this State, after the effective date of | 16 | | this amendatory Act of the 102nd General Assembly, shall | 17 | | submit its contact information to the Department by January 1 | 18 | | of the following year and shall be assigned a date by which it | 19 | | must submit an application to obtain an equal pay registration | 20 | | certificate. The Department's failure to assign a business a | 21 | | registration date does not exempt the business from compliance | 22 | | with this Section. The failure of the Department to notify a | 23 | | business of its recertification deadline may be a mitigating | 24 | | factor when making a determination of a violation of this | 25 | | Section. | 26 | | (c) Application. |
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| 1 | | (1) A business shall apply for an equal pay | 2 | | registration certificate by paying a $150 filing fee and | 3 | | submitting wage records and an equal pay compliance | 4 | | statement to the Director as follows: | 5 | | (A) Wage Records. Any business that is required to | 6 | | file an annual Employer Information Report EEO-1 with | 7 | | the Equal Employment Opportunity Commission must also | 8 | | submit to the Director a copy of the business's most | 9 | | recently filed Employer Information Report EEO-1. The | 10 | | business shall also compile a list of all employees | 11 | | during the past calendar year, separated by gender and | 12 | | the race and ethnicity categories as reported in the | 13 | | business's most recently filed Employer Information | 14 | | Report EEO-1, and the county in which the employee | 15 | | works, the date the employee started working for the | 16 | | business, any other information the Department deems | 17 | | necessary to determine if pay equity exists among | 18 | | employees, and report the total wages as defined by | 19 | | Section 2 of the Illinois Wage Payment and Collection | 20 | | Act paid to each employee during the past calendar | 21 | | year, rounded to the nearest $100, to the Director. | 22 | | (B) Equal Pay Compliance Statement. The business | 23 | | must submit a statement signed by a corporate officer, | 24 | | legal counsel, or authorized agent of the business | 25 | | certifying: | 26 | | (i) that the business is in compliance with |
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| 1 | | this Act and other relevant laws, including but | 2 | | not limited to: Title VII of the Civil Rights Act | 3 | | of 1964, the Equal Pay Act of 1963, the Illinois | 4 | | Human Rights Act, and the Equal Wage Act; | 5 | | (ii) that the average compensation for its | 6 | | female and minority employees is not consistently | 7 | | below the average compensation, as determined by | 8 | | rule by the United States Department of Labor, for | 9 | | its male and non-minority employees within each of | 10 | | the major job categories in the Employer | 11 | | Information Report EEO-1 for which an employee is | 12 | | expected to perform work, taking into account | 13 | | factors such as length of service, requirements of | 14 | | specific jobs, experience, skill, effort, | 15 | | responsibility, working conditions of the job, | 16 | | education or training, job location, use of a | 17 | | collective bargaining agreement, or other | 18 | | mitigating factors; as used in this subparagraph, | 19 | | "minority" has the meaning ascribed to that term | 20 | | in paragraph (1) of subsection (A) of Section 2 of | 21 | | the Business Enterprise for Minorities, Women, and | 22 | | Persons with Disabilities Act; | 23 | | (iii) that the business does not restrict | 24 | | employees of one sex to certain job | 25 | | classifications, and makes retention and promotion | 26 | | decisions without regard to sex; |
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| 1 | | (iv) that wage and benefit disparities are | 2 | | corrected when identified to ensure compliance | 3 | | with the Acts cited in item (i); | 4 | | (v) how often wages and benefits are | 5 | | evaluated; and | 6 | | (vi) the approach the business takes in | 7 | | determining what level of wages and benefits to | 8 | | pay its employees; acceptable approaches include, | 9 | | but are not limited to, a wage and salary survey. | 10 | | (C) Filing fee. The business shall pay to the | 11 | | Department a filing fee of $150. Proceeds from the | 12 | | fees collected under this Section shall be deposited | 13 | | into the Equal Pay Registration Fund, a special fund | 14 | | created in the State treasury. Moneys in the Fund | 15 | | shall be appropriated to the Department for the | 16 | | purposes of this Section. | 17 | | (2) Receipt of the equal pay compliance application | 18 | | and statement by the Director does not establish | 19 | | compliance with the Acts set forth in item (i) of | 20 | | subparagraph (B) of paragraph (1) of this subsection (c). | 21 | | (3) A business that has employees in multiple | 22 | | locations or facilities in
Illinois shall submit a single | 23 | | application to the Department regarding all of its
| 24 | | operations in Illinois. | 25 | | (d) Issuance or rejection of registration certificate. | 26 | | After January 1, 2022, the Director must issue an equal pay |
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| 1 | | registration certificate, or a statement of why the | 2 | | application was rejected, within 45 calendar days of receipt | 3 | | of the application. Applicants shall have the opportunity to | 4 | | cure any deficiencies in its application that led to the | 5 | | rejection, and re-submit the revised application to the | 6 | | Department within 30 calendar days of receiving a rejection. | 7 | | Applicants shall have the ability to appeal rejected | 8 | | applications. An application may be rejected only if it does | 9 | | not comply with the requirements of subsection (c), or the | 10 | | business is otherwise found to be in violation of this Act. The | 11 | | receipt of an application by the Department, or the issuance | 12 | | of a registration certificate by the Department, shall not | 13 | | establish compliance with the Equal Pay Act of 2003 as to all | 14 | | Sections except Section 11. The issuance of a registration | 15 | | certificate shall not be a defense against any Equal Pay Act | 16 | | violation found by the Department, nor a basis for mitigation | 17 | | of damages. | 18 | | (e) Revocation of registration certificate. An equal pay | 19 | | registration certificate for a business may be suspended or | 20 | | revoked by the Director when the business fails to make a good | 21 | | faith effort to comply with the Acts identified in item (i) of | 22 | | subparagraph (B) of paragraph (1) of subsection (c), fails to | 23 | | make a good faith effort to comply with this Section, or has | 24 | | multiple violations of this Section or the Acts identified in | 25 | | item (i) of subparagraph (B) of paragraph (1) of subsection | 26 | | (c). Prior to suspending or revoking a registration |
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| 1 | | certificate, the Director must first have sought to conciliate | 2 | | with the business regarding wages and benefits due to | 3 | | employees. | 4 | | Consistent with Section 25, prior to or in connection with | 5 | | the suspension or revocation of an equal pay registration | 6 | | certificate, the Director, or his or her authorized | 7 | | representative, may interview workers, administer oaths, take | 8 | | or cause to be taken the depositions of witnesses, and require | 9 | | by subpoena the attendance and testimony of witnesses, and the | 10 | | production of personnel and compensation information relative | 11 | | to the matter under investigation, hearing or a | 12 | | department-initiated audit. | 13 | | Neither the Department nor the Director shall be held | 14 | | liable for good faith errors in issuing, denying, suspending | 15 | | or revoking certificates. | 16 | | (f) Administrative review. A business may obtain an | 17 | | administrative hearing in accordance with the Illinois | 18 | | Administrative Procedure Act before the suspension or | 19 | | revocation of its certificate or imposition of civil penalties | 20 | | as provided by subsection (i) is effective by filing a written | 21 | | request for hearing within 20 calendar days after service of | 22 | | notice by the Director. | 23 | | (g) Technical assistance. The Director must provide | 24 | | technical assistance to any business that requests assistance | 25 | | regarding this Section. | 26 | | (h) Access to data. |
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| 1 | | (1) Any individually identifiable information | 2 | | submitted to the Director within or related to an equal | 3 | | pay registration application or otherwise provided by an | 4 | | employer in its equal pay compliance statement under | 5 | | subsection (c) shall be considered confidential | 6 | | information and not subject to disclosure pursuant to the | 7 | | Illinois Freedom of Information Act. As used in this | 8 | | Section, "individually identifiable information" means | 9 | | data submitted pursuant to this Section that is associated | 10 | | with a specific person or business. Aggregate data or | 11 | | reports that are reasonably calculated to prevent the | 12 | | association of any data with any individual business or | 13 | | person are not confidential information. Aggregate data | 14 | | shall include the job category and the average hourly wage | 15 | | by county for each gender, race, and ethnicity category on | 16 | | the registration certificate applications. The Department | 17 | | of Labor may compile aggregate data from registration | 18 | | certificate applications. | 19 | | (2) The Director's decision to issue, not issue, | 20 | | revoke, or suspend an equal pay registration certificate | 21 | | is public information. Beginning December 31, 2024, and | 22 | | annually thereafter, the Director shall make publicly | 23 | | available a list of businesses that were issued an equal | 24 | | pay registration certificate by the Department in the | 25 | | previous 2 calendar years. | 26 | | (3) Notwithstanding this subsection (h), a current |
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| 1 | | employee of a covered business may request anonymized data | 2 | | regarding their job classification or title and the pay | 3 | | for that classification. No individually identifiable | 4 | | information may be provided to an employee making a | 5 | | request under this paragraph. | 6 | | (4) Notwithstanding this subsection (h), the | 7 | | Department may share data and identifiable information | 8 | | with the Department of Human Rights, pursuant to its | 9 | | enforcement of Article 2 of the Illinois Human Rights Act, | 10 | | or the Office of the Attorney General, pursuant to its | 11 | | enforcement of Section 10-104 of the Illinois Human Rights | 12 | | Act. | 13 | | (5) Any Department employee who willfully and | 14 | | knowingly divulges, except in accordance with a proper | 15 | | judicial order or otherwise provided by law, confidential | 16 | | information received by the Department from any business | 17 | | pursuant to this Act shall be deemed to have violated the | 18 | | State Officials and Employees Ethics Act and be subject to | 19 | | the penalties established under subsections (e) and (f) of | 20 | | Section 50-5 of that Act after investigation and | 21 | | opportunity for hearing before the Executive Ethics | 22 | | Commission in accordance with Section 20-50 of that Act. | 23 | | (i) Penalty. Falsification or misrepresentation of | 24 | | information on an application submitted to the Department | 25 | | shall constitute a violation of this Act and the Department | 26 | | may seek to suspend or revoke an equal pay registration |
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| 1 | | certificate or impose civil penalties as provided under | 2 | | subsection (c) of Section 30.
| 3 | | (Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; | 4 | | 102-705, eff. 4-22-22.)".
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