Rep. Sonya M. Harper
Filed: 1/11/2021
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1 | AMENDMENT TO SENATE BILL 1480
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2 | AMENDMENT NO. ______. Amend Senate Bill 1480 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Article 1. | ||||||
5 | Section 1-5. The Illinois Human Rights Act is amended by | ||||||
6 | changing Section 1-103 and by adding Section 2-103.1 as | ||||||
7 | follows: | ||||||
8 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
9 | Sec. 1-103. General definitions. When used in this Act, | ||||||
10 | unless the
context requires otherwise, the term:
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11 | (A) Age. "Age" means the chronological age of a person who | ||||||
12 | is at least
40 years old, except with regard to any practice | ||||||
13 | described in Section
2-102, insofar as that practice concerns | ||||||
14 | training or apprenticeship
programs. In the case of training or | ||||||
15 | apprenticeship programs, for the
purposes of Section 2-102, |
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1 | "age" means the chronological age of a person
who is 18 but not | ||||||
2 | yet 40 years old.
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3 | (B) Aggrieved party. "Aggrieved party" means a person who | ||||||
4 | is alleged
or proved to have been injured by a civil rights | ||||||
5 | violation or believes he
or she will be injured by a civil | ||||||
6 | rights violation under Article 3 that is
about to occur.
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7 | (B-5) Arrest record. "Arrest record" means: | ||||||
8 | (1) an arrest not leading to a conviction; | ||||||
9 | (2) a juvenile record; or | ||||||
10 | (3) criminal history record information ordered | ||||||
11 | expunged, sealed, or impounded under Section 5.2 of the | ||||||
12 | Criminal Identification Act. | ||||||
13 | (C) Charge. "Charge" means an allegation filed with the | ||||||
14 | Department
by an aggrieved party or initiated by the Department | ||||||
15 | under its
authority.
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16 | (D) Civil rights violation. "Civil rights violation" | ||||||
17 | includes and
shall be limited to only those specific acts set | ||||||
18 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
19 | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | ||||||
20 | 6-101, and 6-102 of this Act.
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21 | (E) Commission. "Commission" means the Human Rights | ||||||
22 | Commission
created by this Act.
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23 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
24 | by
the Department with the Commission following an | ||||||
25 | investigation and
finding of substantial evidence of a civil | ||||||
26 | rights violation.
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1 | (G) Complainant. "Complainant" means a person including | ||||||
2 | the
Department who files a charge of civil rights violation | ||||||
3 | with the Department or
the Commission.
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4 | (G-5) Conviction record. "Conviction record" means | ||||||
5 | information indicating that a person has been convicted of a | ||||||
6 | felony, misdemeanor or other criminal offense, placed on | ||||||
7 | probation, fined, imprisoned, or paroled pursuant to any law | ||||||
8 | enforcement or military authority. | ||||||
9 | (H) Department. "Department" means the Department of Human | ||||||
10 | Rights
created by this Act.
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11 | (I) Disability. "Disability" means a determinable physical | ||||||
12 | or mental
characteristic of a person, including, but not | ||||||
13 | limited to, a determinable
physical characteristic which | ||||||
14 | necessitates the person's use of a guide,
hearing or support | ||||||
15 | dog, the history of such characteristic, or the
perception of | ||||||
16 | such characteristic by the person complained against, which
may | ||||||
17 | result from disease, injury, congenital condition of birth or
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18 | functional disorder and which characteristic:
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19 | (1) For purposes of Article 2, is unrelated to the | ||||||
20 | person's ability
to perform the duties of a particular job | ||||||
21 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
22 | person's illegal use of drugs or alcohol is not a
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23 | disability;
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24 | (2) For purposes of Article 3, is unrelated to the | ||||||
25 | person's ability
to acquire, rent, or maintain a housing | ||||||
26 | accommodation;
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1 | (3) For purposes of Article 4, is unrelated to a | ||||||
2 | person's ability to
repay;
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3 | (4) For purposes of Article 5, is unrelated to a | ||||||
4 | person's ability to
utilize and benefit from a place of | ||||||
5 | public accommodation;
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6 | (5) For purposes of Article 5, also includes any | ||||||
7 | mental, psychological, or developmental disability, | ||||||
8 | including autism spectrum disorders. | ||||||
9 | (J) Marital status. "Marital status" means the legal status | ||||||
10 | of being
married, single, separated, divorced, or widowed.
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11 | (J-1) Military status. "Military status" means a person's | ||||||
12 | status on
active duty in or status as a veteran of the armed | ||||||
13 | forces of the United States, status as a current member or | ||||||
14 | veteran of any
reserve component of the armed forces of the | ||||||
15 | United States, including the United
States Army Reserve, United | ||||||
16 | States Marine Corps Reserve, United States Navy
Reserve, United | ||||||
17 | States Air Force Reserve, and United States Coast Guard
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18 | Reserve, or status as a current member or veteran of the | ||||||
19 | Illinois Army National Guard or Illinois Air National
Guard.
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20 | (K) National origin. "National origin" means the place in | ||||||
21 | which a
person or one of his or her ancestors was born.
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22 | (K-5) "Order of protection status" means a person's status | ||||||
23 | as being a person protected under an order of protection issued | ||||||
24 | pursuant to the Illinois Domestic Violence Act of 1986, Article | ||||||
25 | 112A of the Code of Criminal Procedure of 1963, the Stalking No | ||||||
26 | Contact Order Act, or the Civil No Contact Order Act, or an |
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1 | order of protection issued by a court of another state. | ||||||
2 | (L) Person. "Person" includes one or more individuals, | ||||||
3 | partnerships,
associations or organizations, labor | ||||||
4 | organizations, labor unions, joint
apprenticeship committees, | ||||||
5 | or union labor associations, corporations, the
State of | ||||||
6 | Illinois and its instrumentalities, political subdivisions, | ||||||
7 | units
of local government, legal representatives, trustees in | ||||||
8 | bankruptcy
or receivers.
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9 | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||||||
10 | or medical or common conditions related to pregnancy or | ||||||
11 | childbirth. | ||||||
12 | (M) Public contract. "Public contract" includes every | ||||||
13 | contract to which the
State, any of its political subdivisions, | ||||||
14 | or any municipal corporation is a
party.
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15 | (N) Religion. "Religion" includes all aspects of religious | ||||||
16 | observance
and practice, as well as belief, except that with | ||||||
17 | respect to employers, for
the purposes of Article 2, "religion" | ||||||
18 | has the meaning ascribed to it in
paragraph (F) of Section | ||||||
19 | 2-101.
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20 | (O) Sex. "Sex" means the status of being male or female.
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21 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
22 | actual or
perceived heterosexuality, homosexuality, | ||||||
23 | bisexuality, or gender-related identity,
whether or not | ||||||
24 | traditionally associated with the person's designated sex at
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25 | birth. "Sexual orientation" does not include a physical or | ||||||
26 | sexual attraction to a minor by an adult.
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1 | (P) Unfavorable military discharge. "Unfavorable military | ||||||
2 | discharge"
includes discharges from the Armed Forces of the | ||||||
3 | United States, their
Reserve components, or any National Guard | ||||||
4 | or Naval Militia which are
classified as RE-3 or the equivalent | ||||||
5 | thereof, but does not include those
characterized as RE-4 or | ||||||
6 | "Dishonorable".
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7 | (Q) Unlawful discrimination. "Unlawful discrimination" | ||||||
8 | means discrimination
against a person because of his or her | ||||||
9 | actual or perceived: race, color, religion, national origin,
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10 | ancestry, age, sex, marital status, order of protection status, | ||||||
11 | disability, military status, sexual
orientation, pregnancy,
or | ||||||
12 | unfavorable
discharge from military service as those terms are | ||||||
13 | defined in this Section.
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14 | (Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
15 | 101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
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16 | (775 ILCS 5/2-103.1 new) | ||||||
17 | Sec. 2-103.1. Conviction record. | ||||||
18 | (A) Unless otherwise authorized by law, it is a civil | ||||||
19 | rights violation for any employer, employment agency or labor | ||||||
20 | organization to use a conviction record, as defined under | ||||||
21 | subsection (G-5) of Section 1-103, as a basis to refuse to | ||||||
22 | hire, to segregate, or to act with respect to recruitment, | ||||||
23 | hiring, promotion, renewal of employment, selection for | ||||||
24 | training or apprenticeship, discharge, discipline, tenure or | ||||||
25 | terms, privileges or conditions of employment (whether |
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1 | "disqualification" or "adverse action"), unless: | ||||||
2 | (1) there is a substantial relationship between one or | ||||||
3 | more of the previous criminal offenses and the employment | ||||||
4 | sought or held; or | ||||||
5 | (2) the granting or continuation of the employment | ||||||
6 | would involve an unreasonable risk to property or to the | ||||||
7 | safety or welfare of specific individuals or the general | ||||||
8 | public. | ||||||
9 | For the purposes of this subsection (A), "substantial | ||||||
10 | relationship" means a consideration of whether the employment | ||||||
11 | position offers the opportunity for the same or a similar | ||||||
12 | offense to occur and whether the circumstances leading to the | ||||||
13 | conduct for which the person was convicted will recur in the | ||||||
14 | employment position. | ||||||
15 | (B) Factors considered. In making a determination pursuant | ||||||
16 | to subsection (A), the employer shall consider the following | ||||||
17 | factors: | ||||||
18 | (1) the length of time since the conviction; | ||||||
19 | (2) the number of convictions that appear on the | ||||||
20 | conviction record; | ||||||
21 | (3) the nature and severity of the conviction and its | ||||||
22 | relationship to the safety and security of others; | ||||||
23 | (4) the facts or circumstances surrounding the | ||||||
24 | conviction; | ||||||
25 | (5) the age of the employee at the time of the | ||||||
26 | conviction; and |
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1 | (6) evidence of rehabilitation efforts. | ||||||
2 | (C) Interactive assessment required for disqualifying | ||||||
3 | conviction. If after considering the mitigating factors in | ||||||
4 | subsection (B), the employer makes a preliminary decision that | ||||||
5 | the employee's conviction record disqualifies the employee, | ||||||
6 | the employer shall notify the employee of this preliminary | ||||||
7 | decision in writing. | ||||||
8 | (1) Notification. The notification shall contain all | ||||||
9 | of the following: | ||||||
10 | (a) notice of the disqualifying conviction or | ||||||
11 | convictions that are the basis for the preliminary | ||||||
12 | decision and the employer's reasoning for the | ||||||
13 | disqualification; | ||||||
14 | (b) a copy of the conviction history report, if | ||||||
15 | any; and | ||||||
16 | (c) an explanation of the employee's right to | ||||||
17 | respond to the notice of the employer's preliminary | ||||||
18 | decision before that decision becomes final. The | ||||||
19 | explanation shall inform the employee that the | ||||||
20 | response may include, but is not limited to, submission | ||||||
21 | of evidence challenging the accuracy of the conviction | ||||||
22 | record that is the basis for the disqualification, or | ||||||
23 | evidence in mitigation, such as rehabilitation. | ||||||
24 | (2) Employee response. The employee shall have at least | ||||||
25 | 5 business days to respond to the notification provided to | ||||||
26 | the employee before the employer may make a final decision. |
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1 | (3) Final decision. The employer shall consider | ||||||
2 | information submitted by the employee before making a final | ||||||
3 | decision. If an employer makes a final decision to | ||||||
4 | disqualify or take an adverse action solely or in part | ||||||
5 | because of the employee's conviction record, the employer | ||||||
6 | shall notify the employee in writing of the following: | ||||||
7 | (a) notice of the disqualifying conviction or | ||||||
8 | convictions that are the basis for the final decision | ||||||
9 | and the employer's reasoning for the disqualification; | ||||||
10 | (b) any existing procedure the employer has for the | ||||||
11 | employee to challenge the decision or request | ||||||
12 | reconsideration; and | ||||||
13 | (c) the right to file a charge with the Department.
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14 | Article 5. | ||||||
15 | Section 5-5. The Business Corporation Act of 1983 is | ||||||
16 | amended by changing Section 14.05 as follows:
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17 | (805 ILCS 5/14.05) (from Ch. 32, par. 14.05)
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18 | Sec. 14.05. Annual report of domestic or foreign | ||||||
19 | corporation. Each domestic corporation organized under any | ||||||
20 | general law or
special act of this State authorizing the | ||||||
21 | corporation to issue shares,
other than homestead | ||||||
22 | associations, building and loan associations, banks
and | ||||||
23 | insurance companies (which includes a syndicate or limited |
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1 | syndicate
regulated under Article V 1/2 of the Illinois | ||||||
2 | Insurance Code or member of a
group of underwriters regulated | ||||||
3 | under Article V of that Code), and each
foreign corporation | ||||||
4 | (except members of a group of underwriters regulated
under | ||||||
5 | Article V of the Illinois Insurance Code) authorized to | ||||||
6 | transact
business in this State, shall file, within the time | ||||||
7 | prescribed by this
Act, an annual report setting forth:
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8 | (a) The name of the corporation.
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9 | (b) The address, including street and number, or rural | ||||||
10 | route number, of
its registered office in this State, and | ||||||
11 | the name of its registered agent
at that address.
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12 | (c) The address, including street and number, or rural | ||||||
13 | route number, of
its principal office.
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14 | (d) The names and respective addresses, including | ||||||
15 | street and
number, or rural route number, of its directors | ||||||
16 | and officers.
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17 | (e) A statement of the aggregate number of shares which | ||||||
18 | the corporation
has authority to issue, itemized by classes | ||||||
19 | and series, if any, within a class.
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20 | (f) A statement of the aggregate number of issued | ||||||
21 | shares, itemized by
classes, and series, if any, within a | ||||||
22 | class.
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23 | (g) A statement, expressed in dollars, of the amount of | ||||||
24 | paid-in capital
of the corporation as defined in this Act.
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25 | (h) Either a statement that (1) all the property of the | ||||||
26 | corporation is
located in this State and all of its |
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1 | business is transacted at or from places
of business in | ||||||
2 | this State, or the corporation elects to pay the annual
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3 | franchise tax on the basis of its entire paid-in capital, | ||||||
4 | or (2) a
statement, expressed in dollars, of the value of | ||||||
5 | all the property owned by
the corporation, wherever | ||||||
6 | located, and the value of the property located
within this | ||||||
7 | State, and a statement, expressed in dollars, of the gross
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8 | amount of business transacted by the corporation and the | ||||||
9 | gross amount thereof
transacted by the corporation at or | ||||||
10 | from places of business in this State
as of the close of | ||||||
11 | its fiscal year on or immediately preceding the last day of
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12 | the third month prior to the anniversary month or in the | ||||||
13 | case of a
corporation which has established an extended | ||||||
14 | filing month, as of the close
of its fiscal year on or | ||||||
15 | immediately preceding the last day of the third month
prior | ||||||
16 | to the extended filing month; however, in the case of a | ||||||
17 | domestic
corporation that has not completed its first | ||||||
18 | fiscal year, the statement with
respect to property owned | ||||||
19 | shall be as of the last day of the third month
preceding | ||||||
20 | the anniversary month and the statement with respect to | ||||||
21 | business
transacted shall be furnished for the period | ||||||
22 | between the date
of incorporation and the last day of the | ||||||
23 | third month preceding the
anniversary month. In the case of | ||||||
24 | a foreign corporation that has not been
authorized to | ||||||
25 | transact business in this State for a period of 12 months | ||||||
26 | and
has not commenced transacting business prior to |
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1 | obtaining
authority, the statement with respect to | ||||||
2 | property owned shall be as of the
last day of the third | ||||||
3 | month preceding the anniversary month and the
statement | ||||||
4 | with respect to business transacted shall be furnished for | ||||||
5 | the
period between the date of its authorization to | ||||||
6 | transact business in this
State and the last day of the | ||||||
7 | third month preceding the anniversary month.
If the data | ||||||
8 | referenced in item (2) of this subsection is not completed,
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9 | the franchise tax provided for in this Act shall be | ||||||
10 | computed on the basis of
the entire paid-in capital.
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11 | (i) A statement, including the basis therefor, of | ||||||
12 | status as a
"minority-owned business" or as a "women-owned | ||||||
13 | business" as those terms
are defined in the Business | ||||||
14 | Enterprise for
Minorities, Women, and Persons with | ||||||
15 | Disabilities Act.
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16 | (j) Additional information as may be necessary or | ||||||
17 | appropriate in
order to enable the Secretary of State to | ||||||
18 | administer this Act and to verify
the proper amount of fees | ||||||
19 | and franchise taxes payable by the corporation.
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20 | (k) A statement of whether the corporation or foreign | ||||||
21 | corporation has outstanding shares listed on a major United | ||||||
22 | States stock exchange and is thereby subject to the | ||||||
23 | reporting requirements of Section 8.12. | ||||||
24 | (l) For those corporations subject to Section 8.12, a | ||||||
25 | statement providing the information required under Section | ||||||
26 | 8.12. |
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1 | (m) For those corporations required to file an Employer | ||||||
2 | Information Report EEO-1 with the Equal Employment | ||||||
3 | Opportunity Commission, information that is substantially | ||||||
4 | similar to the employment data reported under Section D of | ||||||
5 | the corporation's EEO-1 in a format approved by the | ||||||
6 | Secretary of State. For each corporation that submits data | ||||||
7 | under this paragraph, the Secretary of State shall publish | ||||||
8 | the data on the gender, race, and ethnicity of each | ||||||
9 | corporation's employees on the Secretary of State's | ||||||
10 | official website. The Secretary of State shall publish such | ||||||
11 | information within 90 days of receipt of a properly filed | ||||||
12 | annual report or as soon thereafter as practicable. | ||||||
13 | The annual report shall be made on forms prescribed and | ||||||
14 | furnished by
the Secretary of State, and the information | ||||||
15 | therein required by paragraphs
(a) through (d), both inclusive, | ||||||
16 | of this Section, shall be given as of the date
of the execution | ||||||
17 | of the annual report and the information therein required
by | ||||||
18 | paragraphs (e), (f), and (g) of this Section shall be given as | ||||||
19 | of the
last day of the third month preceding the anniversary | ||||||
20 | month, except that
the information required by paragraphs (e), | ||||||
21 | (f), and (g) shall, in the case
of a corporation which has | ||||||
22 | established an extended filing month, be given
in its final | ||||||
23 | transition annual report and each subsequent annual report as
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24 | of the close of its fiscal year on or immediately preceding the | ||||||
25 | last day of the third month prior to its extended filing
month. | ||||||
26 | The information required by paragraph (m) shall be included in |
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1 | the corporation's annual report filed on and after January 1, | ||||||
2 | 2023. It shall be executed by the corporation by its president, | ||||||
3 | a
vice-president, secretary, assistant secretary, treasurer or | ||||||
4 | other officer
duly authorized by the board of directors of the | ||||||
5 | corporation to execute
those reports, and verified by him or | ||||||
6 | her, or, if the corporation is in the
hands of a receiver or | ||||||
7 | trustee, it shall be executed on behalf of the
corporation and | ||||||
8 | verified by the receiver or trustee.
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9 | (Source: P.A. 100-391, eff. 8-25-17; 100-486, eff. 1-1-18; | ||||||
10 | 100-863, eff. 8-14-18; 101-589, eff. 8-27-19.)
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11 | Article 10. | ||||||
12 | Section 10-1. The Freedom of Information Act is amended by | ||||||
13 | changing Section 7.5 as follows: | ||||||
14 | (5 ILCS 140/7.5) | ||||||
15 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
16 | by the statutes referenced below, the following shall be exempt | ||||||
17 | from inspection and copying: | ||||||
18 | (a) All information determined to be confidential | ||||||
19 | under Section 4002 of the Technology Advancement and | ||||||
20 | Development Act. | ||||||
21 | (b) Library circulation and order records identifying | ||||||
22 | library users with specific materials under the Library | ||||||
23 | Records Confidentiality Act. |
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1 | (c) Applications, related documents, and medical | ||||||
2 | records received by the Experimental Organ Transplantation | ||||||
3 | Procedures Board and any and all documents or other records | ||||||
4 | prepared by the Experimental Organ Transplantation | ||||||
5 | Procedures Board or its staff relating to applications it | ||||||
6 | has received. | ||||||
7 | (d) Information and records held by the Department of | ||||||
8 | Public Health and its authorized representatives relating | ||||||
9 | to known or suspected cases of sexually transmissible | ||||||
10 | disease or any information the disclosure of which is | ||||||
11 | restricted under the Illinois Sexually Transmissible | ||||||
12 | Disease Control Act. | ||||||
13 | (e) Information the disclosure of which is exempted | ||||||
14 | under Section 30 of the Radon Industry Licensing Act. | ||||||
15 | (f) Firm performance evaluations under Section 55 of | ||||||
16 | the Architectural, Engineering, and Land Surveying | ||||||
17 | Qualifications Based Selection Act. | ||||||
18 | (g) Information the disclosure of which is restricted | ||||||
19 | and exempted under Section 50 of the Illinois Prepaid | ||||||
20 | Tuition Act. | ||||||
21 | (h) Information the disclosure of which is exempted | ||||||
22 | under the State Officials and Employees Ethics Act, and | ||||||
23 | records of any lawfully created State or local inspector | ||||||
24 | general's office that would be exempt if created or | ||||||
25 | obtained by an Executive Inspector General's office under | ||||||
26 | that Act. |
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1 | (i) Information contained in a local emergency energy | ||||||
2 | plan submitted to a municipality in accordance with a local | ||||||
3 | emergency energy plan ordinance that is adopted under | ||||||
4 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
5 | (j) Information and data concerning the distribution | ||||||
6 | of surcharge moneys collected and remitted by carriers | ||||||
7 | under the Emergency Telephone System Act. | ||||||
8 | (k) Law enforcement officer identification information | ||||||
9 | or driver identification information compiled by a law | ||||||
10 | enforcement agency or the Department of Transportation | ||||||
11 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
12 | (l) Records and information provided to a residential | ||||||
13 | health care facility resident sexual assault and death | ||||||
14 | review team or the Executive Council under the Abuse | ||||||
15 | Prevention Review Team Act. | ||||||
16 | (m) Information provided to the predatory lending | ||||||
17 | database created pursuant to Article 3 of the Residential | ||||||
18 | Real Property Disclosure Act, except to the extent | ||||||
19 | authorized under that Article. | ||||||
20 | (n) Defense budgets and petitions for certification of | ||||||
21 | compensation and expenses for court appointed trial | ||||||
22 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
23 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
24 | until the conclusion of the trial of the case, even if the | ||||||
25 | prosecution chooses not to pursue the death penalty prior | ||||||
26 | to trial or sentencing. |
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1 | (o) Information that is prohibited from being | ||||||
2 | disclosed under Section 4 of the Illinois Health and | ||||||
3 | Hazardous Substances Registry Act. | ||||||
4 | (p) Security portions of system safety program plans, | ||||||
5 | investigation reports, surveys, schedules, lists, data, or | ||||||
6 | information compiled, collected, or prepared by or for the | ||||||
7 | Regional Transportation Authority under Section 2.11 of | ||||||
8 | the Regional Transportation Authority Act or the St. Clair | ||||||
9 | County Transit District under the Bi-State Transit Safety | ||||||
10 | Act. | ||||||
11 | (q) Information prohibited from being disclosed by the | ||||||
12 | Personnel Record Review Act. | ||||||
13 | (r) Information prohibited from being disclosed by the | ||||||
14 | Illinois School Student Records Act. | ||||||
15 | (s) Information the disclosure of which is restricted | ||||||
16 | under Section 5-108 of the Public Utilities Act.
| ||||||
17 | (t) All identified or deidentified health information | ||||||
18 | in the form of health data or medical records contained in, | ||||||
19 | stored in, submitted to, transferred by, or released from | ||||||
20 | the Illinois Health Information Exchange, and identified | ||||||
21 | or deidentified health information in the form of health | ||||||
22 | data and medical records of the Illinois Health Information | ||||||
23 | Exchange in the possession of the Illinois Health | ||||||
24 | Information Exchange Office due to its administration of | ||||||
25 | the Illinois Health Information Exchange. The terms | ||||||
26 | "identified" and "deidentified" shall be given the same |
| |||||||
| |||||||
1 | meaning as in the Health Insurance Portability and | ||||||
2 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
3 | subsequent amendments thereto, and any regulations | ||||||
4 | promulgated thereunder. | ||||||
5 | (u) Records and information provided to an independent | ||||||
6 | team of experts under the Developmental Disability and | ||||||
7 | Mental Health Safety Act (also known as Brian's Law). | ||||||
8 | (v) Names and information of people who have applied | ||||||
9 | for or received Firearm Owner's Identification Cards under | ||||||
10 | the Firearm Owners Identification Card Act or applied for | ||||||
11 | or received a concealed carry license under the Firearm | ||||||
12 | Concealed Carry Act, unless otherwise authorized by the | ||||||
13 | Firearm Concealed Carry Act; and databases under the | ||||||
14 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
15 | Licensing Review Board under the Firearm Concealed Carry | ||||||
16 | Act, and law enforcement agency objections under the | ||||||
17 | Firearm Concealed Carry Act. | ||||||
18 | (w) Personally identifiable information which is | ||||||
19 | exempted from disclosure under subsection (g) of Section | ||||||
20 | 19.1 of the Toll Highway Act. | ||||||
21 | (x) Information which is exempted from disclosure | ||||||
22 | under Section 5-1014.3 of the Counties Code or Section | ||||||
23 | 8-11-21 of the Illinois Municipal Code. | ||||||
24 | (y) Confidential information under the Adult | ||||||
25 | Protective Services Act and its predecessor enabling | ||||||
26 | statute, the Elder Abuse and Neglect Act, including |
| |||||||
| |||||||
1 | information about the identity and administrative finding | ||||||
2 | against any caregiver of a verified and substantiated | ||||||
3 | decision of abuse, neglect, or financial exploitation of an | ||||||
4 | eligible adult maintained in the Registry established | ||||||
5 | under Section 7.5 of the Adult Protective Services Act. | ||||||
6 | (z) Records and information provided to a fatality | ||||||
7 | review team or the Illinois Fatality Review Team Advisory | ||||||
8 | Council under Section 15 of the Adult Protective Services | ||||||
9 | Act. | ||||||
10 | (aa) Information which is exempted from disclosure | ||||||
11 | under Section 2.37 of the Wildlife Code. | ||||||
12 | (bb) Information which is or was prohibited from | ||||||
13 | disclosure by the Juvenile Court Act of 1987. | ||||||
14 | (cc) Recordings made under the Law Enforcement | ||||||
15 | Officer-Worn Body Camera Act, except to the extent | ||||||
16 | authorized under that Act. | ||||||
17 | (dd) Information that is prohibited from being | ||||||
18 | disclosed under Section 45 of the Condominium and Common | ||||||
19 | Interest Community Ombudsperson Act. | ||||||
20 | (ee) Information that is exempted from disclosure | ||||||
21 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
22 | (ff) Information that is exempted from disclosure | ||||||
23 | under the Revised Uniform Unclaimed Property Act. | ||||||
24 | (gg) Information that is prohibited from being | ||||||
25 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
26 | Code. |
| |||||||
| |||||||
1 | (hh) Records that are exempt from disclosure under | ||||||
2 | Section 1A-16.7 of the Election Code. | ||||||
3 | (ii) Information which is exempted from disclosure | ||||||
4 | under Section 2505-800 of the Department of Revenue Law of | ||||||
5 | the Civil Administrative Code of Illinois. | ||||||
6 | (jj) Information and reports that are required to be | ||||||
7 | submitted to the Department of Labor by registering day and | ||||||
8 | temporary labor service agencies but are exempt from | ||||||
9 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
10 | and Temporary Labor Services Act. | ||||||
11 | (kk) Information prohibited from disclosure under the | ||||||
12 | Seizure and Forfeiture Reporting Act. | ||||||
13 | (ll) Information the disclosure of which is restricted | ||||||
14 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
15 | Aid Code. | ||||||
16 | (mm) Records that are exempt from disclosure under | ||||||
17 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
18 | (nn) Information that is exempt from disclosure under | ||||||
19 | Section 70 of the Higher Education Student Assistance Act. | ||||||
20 | (oo) Communications, notes, records, and reports | ||||||
21 | arising out of a peer support counseling session prohibited | ||||||
22 | from disclosure under the First Responders Suicide | ||||||
23 | Prevention Act. | ||||||
24 | (pp) Names and all identifying information relating to | ||||||
25 | an employee of an emergency services provider or law | ||||||
26 | enforcement agency under the First Responders Suicide |
| |||||||
| |||||||
1 | Prevention Act. | ||||||
2 | (qq) Information and records held by the Department of | ||||||
3 | Public Health and its authorized representatives collected | ||||||
4 | under the Reproductive Health Act. | ||||||
5 | (rr) Information that is exempt from disclosure under | ||||||
6 | the Cannabis Regulation and Tax Act. | ||||||
7 | (ss) Data reported by an employer to the Department of | ||||||
8 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
9 | Human Rights Act. | ||||||
10 | (tt) Recordings made under the Children's Advocacy | ||||||
11 | Center Act, except to the extent authorized under that Act. | ||||||
12 | (uu) Information that is exempt from disclosure under | ||||||
13 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
14 | (vv) Information that is exempt from disclosure under | ||||||
15 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
16 | Public Aid Code. | ||||||
17 | (ww) Information that is exempt from disclosure under | ||||||
18 | Section 16.8 of the State Treasurer Act. | ||||||
19 | (xx) Information that is exempt from disclosure or | ||||||
20 | information that shall not be made public under the | ||||||
21 | Illinois Insurance Code. | ||||||
22 | (yy) Information prohibited from being disclosed under | ||||||
23 | the Illinois Educational Labor Relations Act. | ||||||
24 | (zz) Information prohibited from being disclosed under | ||||||
25 | the Illinois Public Labor Relations Act. | ||||||
26 | (aaa) Information prohibited from being disclosed |
| |||||||
| |||||||
1 | under Section 1-167 of the Illinois Pension Code. | ||||||
2 | (bbb) Information that is exempt from disclosure under | ||||||
3 | subsection (k) of Section 11 of the Equal Pay Act of 2003. | ||||||
4 | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
5 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
6 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
7 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
8 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||||||
9 | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||||||
10 | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||||||
11 | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||||||
12 | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||||||
13 | eff. 7-7-20.) | ||||||
14 | Section 10-5. The State Finance Act is amended by adding | ||||||
15 | Section 5.935 as follows: | ||||||
16 | (30 ILCS 105/5.935 new) | ||||||
17 | Sec. 5.935. The Equal Pay Registration Fund. | ||||||
18 | Section 10-10. The Equal Pay Act of 2003 is amended by | ||||||
19 | adding Section 11 as follows: | ||||||
20 | (820 ILCS 112/11 new) | ||||||
21 | Sec. 11. Equal pay registration certificate requirements; | ||||||
22 | application. |
| |||||||
| |||||||
1 | For the purposes of this Section 11 only, "business" means | ||||||
2 | any private employer who has more than 100 employees in the | ||||||
3 | State of Illinois, and does not include the State of Illinois | ||||||
4 | or any political subdivision, municipal corporation, or other | ||||||
5 | governmental unit or agency. | ||||||
6 | (a) A business must obtain an equal pay registration | ||||||
7 | certificate from the Department or certify in writing that it | ||||||
8 | is exempt. | ||||||
9 | (b) Any business subject to the requirements of this | ||||||
10 | Section that is authorized to transact business in this State | ||||||
11 | on the effective date of this amendatory Act of the 101st | ||||||
12 | General Assembly must obtain an equal pay registration | ||||||
13 | certificate within 3 years after the effective date of this | ||||||
14 | amendatory Act of the 101st General Assembly and must recertify | ||||||
15 | every 2 years thereafter. Any business subject to the | ||||||
16 | requirements of this Section that is authorized to transact | ||||||
17 | business in this State after the effective date of this | ||||||
18 | amendatory Act of the 101st General Assembly must obtain an | ||||||
19 | equal pay registration certificate within 3 years of commencing | ||||||
20 | business operations and must recertify every 2 years | ||||||
21 | thereafter. | ||||||
22 | (c) Application. | ||||||
23 | (1) A business shall apply for an equal pay certificate | ||||||
24 | by paying a $150 filing fee and submitting an equal pay | ||||||
25 | compliance statement to the Director. Any business that is | ||||||
26 | required to file an annual Employer Information Report |
| |||||||
| |||||||
1 | EEO-1 with the Equal Employment Opportunity Commission | ||||||
2 | must also submit to the Director a copy of the business's | ||||||
3 | most recently filed Employer Information Report EEO-1. The | ||||||
4 | business shall also compile, from
records maintained and | ||||||
5 | available, a list of all employees during the past calendar
| ||||||
6 | year, separated by gender and the race and ethnicity | ||||||
7 | categories as reported in the
business's most recently | ||||||
8 | filed Employer Information Report EEO-1, and report the
| ||||||
9 | total wages as defined by Section 2 of the Illinois Wage | ||||||
10 | Payment and Collection Act
paid to each employee during the | ||||||
11 | past calendar year, rounded to the nearest hundred
dollar, | ||||||
12 | to the Director. The proceeds from the fees collected under | ||||||
13 | this Section shall be deposited into the Equal Pay | ||||||
14 | Registration Fund, a special fund created in the State | ||||||
15 | treasury. Moneys in the Fund shall be appropriated to the | ||||||
16 | Department for the purposes of this Section. The Director | ||||||
17 | shall issue an equal pay registration certificate to a | ||||||
18 | business that submits to the Director a statement signed by | ||||||
19 | a corporate officer, legal counsel, or authorized agent of | ||||||
20 | the business, for each county in which the business has a | ||||||
21 | facility or employees: | ||||||
22 | (A) that the business is in compliance with Title | ||||||
23 | VII of the Civil Rights Act of 1964, the Equal Pay Act | ||||||
24 | of 1963, the Illinois Human Rights Act, the Equal Wage | ||||||
25 | Act, and the Equal Pay Act of 2003; | ||||||
26 | (B) that the average compensation for its female |
| |||||||
| |||||||
1 | and minority employees is not consistently below the | ||||||
2 | average compensation, as determined by rule by the | ||||||
3 | Department of Labor, for its male and non-minority | ||||||
4 | employees within each of the major job categories in | ||||||
5 | the Employer Information Report EEO-1 for which an | ||||||
6 | employee is expected to perform work under the | ||||||
7 | contract, taking into account factors such as length of | ||||||
8 | service, requirements of specific jobs, experience, | ||||||
9 | skill, effort, responsibility, working conditions of | ||||||
10 | the job, or other mitigating factors; as used in this | ||||||
11 | subparagraph, "minority" has the meaning ascribed to | ||||||
12 | that term in paragraph (1) of subsection (A) of Section | ||||||
13 | 2 of the Business Enterprise for Minorities, Women, and | ||||||
14 | Persons with Disabilities Act; | ||||||
15 | (C) that the business does not restrict employees | ||||||
16 | of one sex to certain job classifications and makes | ||||||
17 | retention and promotion decisions without regard to | ||||||
18 | sex; | ||||||
19 | (D) that wage and benefit disparities are | ||||||
20 | corrected when identified to ensure compliance with | ||||||
21 | the Acts cited in subparagraph (A) and with | ||||||
22 | subparagraph (B); and | ||||||
23 | (E) how often wages and benefits are evaluated to | ||||||
24 | ensure compliance with the Acts cited in subparagraph | ||||||
25 | (A) and with subparagraph (B). | ||||||
26 | (2) The equal pay compliance statement shall also |
| |||||||
| |||||||
1 | indicate whether the business, in setting compensation and | ||||||
2 | benefits, utilizes: | ||||||
3 | (A) a market pricing approach; | ||||||
4 | (B) State prevailing wage or union contract | ||||||
5 | requirements; | ||||||
6 | (C) a performance pay system; | ||||||
7 | (D) an internal analysis; or | ||||||
8 | (E) an alternative approach to determine what | ||||||
9 | level of wages and benefits to pay its employees. If | ||||||
10 | the business uses an alternative approach, the | ||||||
11 | business must provide a description of its approach. | ||||||
12 | (3) Receipt of the equal pay compliance statement by | ||||||
13 | the Director does not establish compliance with the Acts | ||||||
14 | set forth in subparagraph (A). | ||||||
15 | (d) Issuance or rejection of registration certificate. The | ||||||
16 | Director must issue an equal pay registration certificate, or a | ||||||
17 | statement of why the application was rejected, within 45 | ||||||
18 | calendar days of receipt of the application. An application may | ||||||
19 | be rejected only if it does not comply with the requirements of | ||||||
20 | subsection (c). The receipt of an application by the | ||||||
21 | Department, or the issuance of a registration certificate by | ||||||
22 | the Department, shall not establish compliance of the Equal Pay | ||||||
23 | Act of 2003 as to all Sections except Section 11. The issuance | ||||||
24 | of a registration certificate shall not be a defense against | ||||||
25 | any Equal Pay Act violation found by the Department, nor a | ||||||
26 | basis for mitigation of damages. |
| |||||||
| |||||||
1 | (e) Revocation of registration certificate. An equal pay | ||||||
2 | registration certificate for a business may be suspended or | ||||||
3 | revoked by the Director when the business fails to make a good | ||||||
4 | faith effort to comply with the Acts identified in subparagraph | ||||||
5 | (A) of paragraph (1) of subsection (c), fails to make a good | ||||||
6 | faith effort to comply with this Section, or has multiple | ||||||
7 | violations of this Section or the Acts identified in | ||||||
8 | subparagraph (A) of paragraph (1) of subsection (c). Prior to | ||||||
9 | suspending or revoking a registration certificate, the | ||||||
10 | Director must first have sought to conciliate with the business | ||||||
11 | regarding wages and benefits due to employees. | ||||||
12 | The Director of the Department of Labor, or his or her | ||||||
13 | authorized representative may interview workers, administer | ||||||
14 | oaths, take or cause to be taken the depositions of witnesses, | ||||||
15 | and require by subpoena the attendance and testimony of | ||||||
16 | witnesses, and the production of all books, records, and other | ||||||
17 | evidence relative to the matter under investigation or hearing. | ||||||
18 | Such subpoena shall be signed and issued by the Director or his | ||||||
19 | or her authorized representative. | ||||||
20 | Upon request by the Director of Labor or his or her | ||||||
21 | deputies or agents, records shall be copied and submitted for | ||||||
22 | evidence at no cost to the Department of Labor. Every employer | ||||||
23 | upon request shall furnish to the Director or his or her | ||||||
24 | authorized representative, on demand, a sworn statement of the | ||||||
25 | accuracy of the records. Any employer who refuses to furnish a | ||||||
26 | sworn statement of the records is in violation of this Act. |
| |||||||
| |||||||
1 | In case of failure of any person to comply with any | ||||||
2 | subpoena lawfully issued under this Section or on the refusal | ||||||
3 | of any witness to produce evidence or to testify to any matter | ||||||
4 | regarding which he or she may be lawfully interrogated, it is | ||||||
5 | the duty of any circuit court, upon application of the Director | ||||||
6 | or his or her authorized representative, to compel obedience by | ||||||
7 | proceedings for contempt, as in the case of disobedience of the | ||||||
8 | requirements of a subpoena issued by such court or a refusal to | ||||||
9 | testify therein. The Director may certify to official acts. | ||||||
10 | The Department and the Director shall not be held liable | ||||||
11 | for good faith errors in issuing, denying, suspending or | ||||||
12 | revoking certificates. | ||||||
13 | (f) Revocation of contract. | ||||||
14 | (1) If a contract is awarded to a business that does | ||||||
15 | not have an equal pay registration certificate or that is | ||||||
16 | not in compliance with paragraph (1) of subsection (c), the | ||||||
17 | Director may void the contract on behalf of the State. The | ||||||
18 | contract award entity that is a party to the agreement must | ||||||
19 | be notified by the Director prior to the Director taking | ||||||
20 | action to void the contract. | ||||||
21 | (2) A contract may be abridged or terminated by the | ||||||
22 | contract award entity upon notice that the Director has | ||||||
23 | suspended or revoked the certificate of the business. | ||||||
24 | (g) Administrative review. | ||||||
25 | (1) A business may obtain an administrative hearing in | ||||||
26 | accordance with the Illinois Administrative Procedure Act |
| |||||||
| |||||||
1 | before the suspension or revocation of its certificate is | ||||||
2 | effective by filing a written request for hearing within 20 | ||||||
3 | calendar days after service of notice by the Director. | ||||||
4 | (2) A business may obtain an administrative hearing in | ||||||
5 | accordance with the Illinois Administrative Procedure Act | ||||||
6 | before the contract award entity's abridgement or | ||||||
7 | termination of a contract is effective by filing a written | ||||||
8 | request for a hearing 20 calendar days after service of | ||||||
9 | notice by the contract award entity. | ||||||
10 | (h) Technical assistance. The Director must provide | ||||||
11 | technical assistance to any business that requests assistance | ||||||
12 | regarding this Section. | ||||||
13 | (i) Audit. The Director may audit the business's compliance | ||||||
14 | with this Section. As part of an audit, upon request, a | ||||||
15 | business must provide the Director the following information | ||||||
16 | with respect to employees expected to perform work under the | ||||||
17 | contract in each of the major job categories in the Employer | ||||||
18 | Information Report EEO-1: | ||||||
19 | (1) number of male employees; | ||||||
20 | (2) number of female employees; | ||||||
21 | (3) average annualized salaries paid to male employees | ||||||
22 | and to female employees, in the manner most consistent with | ||||||
23 | the employer's compensation system, within each major job | ||||||
24 | category; | ||||||
25 | (4) information on performance payments, benefits, or | ||||||
26 | other elements of compensation, in the manner most |
| |||||||
| |||||||
1 | consistent with the employer's compensation system, if | ||||||
2 | requested by the Director as part of a determination as to | ||||||
3 | whether these elements of compensation are different for | ||||||
4 | 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 Director, as needed, to determine compliance with items | ||||||
9 | specified in paragraph (1) of subsection (c). | ||||||
10 | (j) Access to data. Data submitted to the Director related | ||||||
11 | to equal pay registration certificates or otherwise provided by | ||||||
12 | an employer in its equal pay compliance statement under | ||||||
13 | subsection (c) are private data on individuals or nonpublic | ||||||
14 | data with respect to persons other than Department employees. | ||||||
15 | The Director's decision to issue, not issue, revoke, or suspend | ||||||
16 | an equal pay registration certificate is public data. | ||||||
17 | (k) Penalty. The Department shall impose on any business | ||||||
18 | that does not obtain an equal pay registration certificate as | ||||||
19 | required under this Section, or whose equal pay registration | ||||||
20 | certificate is suspended or revoked after a Department | ||||||
21 | investigation, a civil penalty in an amount equal to 1% of the | ||||||
22 | business's gross profits. | ||||||
23 | Falsification or misrepresentation of information on an | ||||||
24 | application submitted to the Department shall constitute a | ||||||
25 | violation of this Act | ||||||
26 | (l) Whistleblower protection. As used in this subsection, |
| |||||||
| |||||||
1 | "retaliatory action" means the reprimand, discharge, | ||||||
2 | suspension, demotion, denial of promotion or transfer, or | ||||||
3 | change in the terms and conditions of employment of any | ||||||
4 | employee of a business that is taken in retaliation for the | ||||||
5 | employee's involvement in a protected activity. | ||||||
6 | (1) A business shall not take any retaliatory action | ||||||
7 | against an employee of the business because the employee | ||||||
8 | does any of the following: | ||||||
9 | (A) Discloses or threatens to disclose to a | ||||||
10 | supervisor or to a public body an activity, inaction, | ||||||
11 | policy, or practice implemented by a business that the | ||||||
12 | employee reasonably believes is in violation of a law, | ||||||
13 | rule, or regulation. | ||||||
14 | (B) Provides information to or testifies before | ||||||
15 | any public body conducting an investigation, hearing, | ||||||
16 | or inquiry into any violation of a law, rule, or | ||||||
17 | regulation by a nursing home administrator. | ||||||
18 | (C) Assists or participates in a proceeding to | ||||||
19 | enforce the provisions of this Act. | ||||||
20 | (2) A violation of this subsection (l) may be | ||||||
21 | established only upon a finding that (i) the employee of | ||||||
22 | the business engaged in conduct described in paragraph (1) | ||||||
23 | of this subsection and (ii) this conduct was a contributing | ||||||
24 | factor in the retaliatory action alleged by the employee. | ||||||
25 | There is no violation of this Section, however, if the | ||||||
26 | business demonstrates by clear and convincing evidence |
| |||||||
| |||||||
1 | that it would have taken the same unfavorable personnel | ||||||
2 | action in the absence of that conduct. | ||||||
3 | (3) The employee of the business may be awarded all | ||||||
4 | remedies necessary to make the employee whole and to | ||||||
5 | prevent future violations of this Section. Remedies | ||||||
6 | imposed by the court may include, but are not limited to, | ||||||
7 | all of the following: | ||||||
8 | (A) Reinstatement of the employee to either the | ||||||
9 | same position held before the retaliatory action or to | ||||||
10 | an equivalent position. | ||||||
11 | (B) Two times the amount of back pay. | ||||||
12 | (C) Interest on the back pay. | ||||||
13 | (D) Reinstatement of full fringe benefits and | ||||||
14 | seniority rights. | ||||||
15 | (E) Payment of reasonable costs and attorney's | ||||||
16 | fees. | ||||||
17 | (4) Nothing in this Section shall be deemed to diminish | ||||||
18 | the rights, privileges, or remedies of an employee of a | ||||||
19 | business under any other federal or State law, rule, or | ||||||
20 | regulation or under any employment contract.
| ||||||
21 | Article 99. | ||||||
22 | Section 99-99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
|