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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Equal | ||||||
5 | Pay Certificate Act. | ||||||
6 | Section 5. Scope of Act. | ||||||
7 | (a) After June 1, 2018, no contract to which this Act | ||||||
8 | applies shall be executed with a bidder, offeror, contractor, | ||||||
9 | vendor, or potential contractor, as defined in the Illinois | ||||||
10 | Procurement Code, unless it has an equal pay certificate or it | ||||||
11 | has an equal pay certificate or it has certified in writing | ||||||
12 | that it is exempt. | ||||||
13 | (b) A certificate is valid for 4 years. | ||||||
14 | Section 10. Application for equal pay certificate. | ||||||
15 | (a) A bidder shall apply for equal pay certificate by | ||||||
16 | paying a $150 filing fee and submitting an equal pay compliance | ||||||
17 | statement to the Department of Employment Security. The | ||||||
18 | proceeds from the fees collected under this Act shall be | ||||||
19 | deposited in to the Equal Pay Certificate Fund, a special fund | ||||||
20 | created in the State Treasury. Money in the Fund shall be | ||||||
21 | appropriated to the Department of Employment Security for the | ||||||
22 | purposes of this Act. The Department of Employment Security |
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1 | shall issue an equal pay certificate of compliance to a | ||||||
2 | business that submits to the Department of Employment Security | ||||||
3 | a statement signed by the chairperson of the board of chief | ||||||
4 | executive officer of that business: | ||||||
5 | (1) that the business is in compliance with Title VII | ||||||
6 | of the Civil Rights Act of 1964, the Equal Pay Act of 2003, | ||||||
7 | the Equal Wage Act, and the Illinois Human Rights Act; | ||||||
8 | (2) that the average compensation for its female | ||||||
9 | employees is not consistently below the average | ||||||
10 | compensation for its male employees within each of the | ||||||
11 | major job categories in the Employer Information Report | ||||||
12 | EEO-1 for which an employee is expected to perform work | ||||||
13 | under the contract, taking into account factors such as | ||||||
14 | length of service, requirements of specific jobs, | ||||||
15 | experience, skill, effort, responsibility, working | ||||||
16 | conditions of the job, or other mitigating factors; | ||||||
17 | (3) that the business does not restrict employees of | ||||||
18 | one sex to certain job classifications and makes retention | ||||||
19 | and promotion decisions without regard to sex; | ||||||
20 | (4) that wage and benefit disparities are corrected | ||||||
21 | when identified to ensure compliance with the laws cited in | ||||||
22 | item (1) and with item (2); and | ||||||
23 | (5) how often wages and benefits are evaluated to | ||||||
24 | ensure compliance with the laws cited in item (1) and with | ||||||
25 | item (2). | ||||||
26 | (b) The equal pay compliance statement shall also indicate |
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1 | whether the business, in setting compensation and benefits | ||||||
2 | utilizes: | ||||||
3 | (1) a market pricing approach; | ||||||
4 | (2) state prevailing wage or union contract | ||||||
5 | requirements; | ||||||
6 | (3) a performance pay system; | ||||||
7 | (4) an internal analysis; or | ||||||
8 | (5) an alternative approach to determine what level of | ||||||
9 | wages and benefits to pay its employees. | ||||||
10 | If the business uses an alternative approach, the business | ||||||
11 | must provide a description of its approach. | ||||||
12 | (c) Receipt of the equal pay compliance statement by the | ||||||
13 | Department of Employment Security does not establish | ||||||
14 | compliance with the laws identified in item (1) of subsection | ||||||
15 | (a). | ||||||
16 | Section 15. Issuance or rejection of certificate. The | ||||||
17 | Department of Employment Security must issue an equal pay | ||||||
18 | certificate, or a statement of why the application was | ||||||
19 | rejected, within 15 days after receipt of the application. An | ||||||
20 | application may be rejected only if it does not comply with the | ||||||
21 | requirements of Section 10. | ||||||
22 | Section 20. Revocation of certificate. An equal pay | ||||||
23 | certificate for a business may be suspended or revoked by the | ||||||
24 | Department of Employment Security when the business fails to |
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1 | make a good-faith effort to comply with the laws identified in | ||||||
2 | item (1) of subsection (a) of Section 10, fails to make a | ||||||
3 | good-faith effort to comply with this Act, or has multiple | ||||||
4 | violations of this Article or the laws identified in item (1) | ||||||
5 | of subsection (a) of Section 10. Prior to suspending or | ||||||
6 | revoking a certificate, the Department of Employment Security | ||||||
7 | must first have sought to conciliate with the business | ||||||
8 | regarding wages and benefits due to employees. | ||||||
9 | Section 25. Administrative review. | ||||||
10 | (a) A business may obtain an administrative hearing before | ||||||
11 | the suspension or revocation of its certificate is effective | ||||||
12 | pursuant to the Illinois Administrative Procedure Acts. | ||||||
13 | (b) The Department of Employment Security shall adopt rules | ||||||
14 | for the fair administration of suspending or revoking equal pay | ||||||
15 | certificates by March 1, 2018. | ||||||
16 | Section 30. Revocation of contract. | ||||||
17 | (a) If a contract is awarded to a business that does have | ||||||
18 | an equal pay certificate as required under Section 10, or a | ||||||
19 | business that is not in compliance with subsection (a) of | ||||||
20 | Section 10, the Department of Employment Security may recommend | ||||||
21 | that the contract be voided by the applicable Chief Procurement | ||||||
22 | Officer as provided by Section 50-60 of the Illinois | ||||||
23 | Procurement Code. The purchasing agency that is a party to the | ||||||
24 | agreement must be notified by the Department of Employment |
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1 | Security prior to the Department of Employment Security making | ||||||
2 | a recommendation to the applicable Chief Procurement Officer. | ||||||
3 | (b) A contract subject to this Act may be amended or | ||||||
4 | terminated upon notice that the Department of Employment | ||||||
5 | Security has suspended or revoked the certificate of the | ||||||
6 | business. | ||||||
7 | Section 35. Technical Assistance. The Department of | ||||||
8 | Employment Security must provide technical assistance to any | ||||||
9 | business that requests assistance regarding this Act. | ||||||
10 | Section 40. Audit. The Department of Employment Security | ||||||
11 | may audit the business' compliance with this Act. As part of an | ||||||
12 | audit, upon request, a business must provide the Department of | ||||||
13 | Employment Security the following information with respect to | ||||||
14 | employees expected to perform work under the contract in each | ||||||
15 | of the major job categories in the Employer Information Report | ||||||
16 | EEO-1: | ||||||
17 | (1) number of male employees; | ||||||
18 | (2) number of female employees; | ||||||
19 | (3) average annualized salaries paid to male employees | ||||||
20 | and to female employees, in the manner most consistent with | ||||||
21 | the employer's compensation system, within each major job | ||||||
22 | category; | ||||||
23 | (4) information on performance payments, benefits, or | ||||||
24 | other elements of compensation, in the manner most |
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1 | consistent with the employer's compensation system, if | ||||||
2 | requested by the Department of Employment Security as part | ||||||
3 | of a determination as to whether these elements of | ||||||
4 | compensation are different for male and female employees; | ||||||
5 | (5) average length of service for male and female | ||||||
6 | employees in each major job category; and | ||||||
7 | (6) other information identified by the business or by | ||||||
8 | the Department of Employment Security, as needed, to | ||||||
9 | determine compliance with items specified in subsection | ||||||
10 | (a) of Section 10. | ||||||
11 | Section 45. Access to data. Data submitted to the | ||||||
12 | Department of Employment Security related to equal pay | ||||||
13 | certificates are private data on individuals or nonpublic data | ||||||
14 | with respect to persons other than Department employees. The | ||||||
15 | Department's decision to issue, not issue, revoke, or suspend | ||||||
16 | an equal pay certificate is public data. The Department shall | ||||||
17 | publish a list of all businesses in compliance with this Act | ||||||
18 | with current and valid equal pay certificates on its website. | ||||||
19 | Section 50. Report. The Department of Employment Security | ||||||
20 | shall report to the Governor and the General Assembly by | ||||||
21 | January 31 of every odd-numbered year, beginning January 31, | ||||||
22 | 2019. The report shall indicate the number of equal pay | ||||||
23 | certificates issued, the number of audits conducted, the | ||||||
24 | processes used by contractors to ensure compliance with |
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1 | subsection (a) of Section 10, and a summary of its auditing | ||||||
2 | efforts. | ||||||
3 | Section 55. The State Finance Act is amended by adding | ||||||
4 | Section 5.878 as follows: | ||||||
5 | (30 ILCS 105/5.878 new) | ||||||
6 | Sec. 5.878. The Equal Pay Certificate Fund.
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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