Full Text of HB2551 101st General Assembly
HB2551ham001 101ST GENERAL ASSEMBLY | Rep. Camille Y. Lilly Filed: 3/5/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2551
| 2 | | AMENDMENT NO. ______. Amend House Bill 2551 by replacing | 3 | | everything after the enacting clause with the following:
| 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, 2020, 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 an equal pay certificate by |
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| 1 | | paying a $150 filing fee and submitting an equal pay compliance | 2 | | statement to the Department of Employment Security. The | 3 | | proceeds from the fees collected under this Act shall be | 4 | | deposited into the Equal Pay Certificate Fund, a special fund | 5 | | created in the State Treasury. Money in the Fund shall be | 6 | | appropriated to the Department of Employment Security for the | 7 | | purposes of this Act. The Department of Employment Security | 8 | | shall issue an equal pay certificate of compliance to a | 9 | | business that submits to the Department of Employment Security | 10 | | a statement signed by the chairperson of the board or chief | 11 | | executive officer of that business: | 12 | | (1) that the business is in compliance with Title VII | 13 | | of the Civil Rights Act of 1964, the Equal Pay Act of 2003, | 14 | | the Equal Wage Act, and the Illinois Human Rights Act; | 15 | | (2) that the average compensation for its female | 16 | | employees is not consistently below the average | 17 | | compensation for its male employees within each of the | 18 | | major job categories in the Employer Information Report | 19 | | EEO-1 for which an employee is expected to perform work | 20 | | under the contract, taking into account factors such as | 21 | | length of service, requirements of specific jobs, | 22 | | experience, skill, effort, responsibility, working | 23 | | conditions of the job, or other mitigating factors; | 24 | | (3) that the business does not restrict employees of | 25 | | one sex to certain job classifications and makes retention | 26 | | and promotion decisions without regard to sex; |
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| 1 | | (4) that wage and benefit disparities are corrected | 2 | | when identified to ensure compliance with the laws cited in | 3 | | item (1) and with item (2); and | 4 | | (5) how often wages and benefits are evaluated to | 5 | | ensure compliance with the laws cited in item (1) and with | 6 | | item (2). | 7 | | (b) The equal pay compliance statement shall also indicate | 8 | | whether the business, in setting compensation and benefits | 9 | | utilizes: | 10 | | (1) a market pricing approach; | 11 | | (2) state prevailing wage or union contract | 12 | | requirements; | 13 | | (3) a performance pay system; | 14 | | (4) an internal analysis; or | 15 | | (5) an alternative approach to determine what level of | 16 | | wages and benefits to pay its employees. | 17 | | If the business uses an alternative approach, the business | 18 | | must provide a description of its approach. | 19 | | (c) Receipt of the equal pay compliance statement by the | 20 | | Department of Employment Security does not establish | 21 | | compliance with the laws identified in item (1) of subsection | 22 | | (a). | 23 | | Section 15. Issuance or rejection of certificate. The | 24 | | Department of Employment Security must issue an equal pay | 25 | | certificate, or a statement of why the application was |
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| 1 | | rejected, within 15 days after receipt of the application. An | 2 | | application may be rejected only if it does not comply with the | 3 | | requirements of Section 10. | 4 | | Section 20. Revocation of certificate. An equal pay | 5 | | certificate for a business may be suspended or revoked by the | 6 | | Department of Employment Security when the business fails to | 7 | | make a good-faith effort to comply with the laws identified in | 8 | | item (1) of subsection (a) of Section 10, fails to make a | 9 | | good-faith effort to comply with this Act, or has multiple | 10 | | violations of this Article or the laws identified in item (1) | 11 | | of subsection (a) of Section 10. Prior to suspending or | 12 | | revoking a certificate, the Department of Employment Security | 13 | | must first have sought to conciliate with the business | 14 | | regarding wages and benefits due to employees. | 15 | | Section 25. Administrative review. | 16 | | (a) A business may obtain an administrative hearing before | 17 | | the suspension or revocation of its certificate is effective | 18 | | pursuant to the Illinois Administrative Procedure Act. | 19 | | (b) The Department of Employment Security shall adopt rules | 20 | | for the fair administration of suspending or revoking equal pay | 21 | | certificates by March 1, 2020. | 22 | | Section 30. Revocation of contract. | 23 | | (a) If a contract is awarded to a business that does not |
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| 1 | | have an equal pay certificate as required under Section 10, or | 2 | | a business that is not in compliance with subsection (a) of | 3 | | Section 10, the Department of Employment Security may recommend | 4 | | that the contract be voided by the applicable Chief Procurement | 5 | | Officer as provided by Section 50-60 of the Illinois | 6 | | Procurement Code. The purchasing agency that is a party to the | 7 | | agreement must be notified by the Department of Employment | 8 | | Security prior to the Department of Employment Security making | 9 | | a recommendation to the applicable Chief Procurement Officer. | 10 | | (b) A contract subject to this Act may be amended or | 11 | | terminated upon notice that the Department of Employment | 12 | | Security has suspended or revoked the certificate of the | 13 | | business. | 14 | | Section 35. Technical assistance. The Department of | 15 | | Employment Security must provide technical assistance to any | 16 | | business that requests assistance regarding this Act. | 17 | | Section 40. Audit. The Department of Employment Security | 18 | | may audit the business's compliance with this Act. As part of | 19 | | an audit, upon request, a business must provide the Department | 20 | | of Employment Security the following information with respect | 21 | | to employees expected to perform work under the contract in | 22 | | each of the major job categories in the Employer Information | 23 | | Report EEO-1: | 24 | | (1) number of male employees; |
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| 1 | | (2) number of female employees; | 2 | | (3) average annualized salaries paid to male employees | 3 | | and to female employees, in the manner most consistent with | 4 | | the employer's compensation system, within each major job | 5 | | category; | 6 | | (4) information on performance payments, benefits, or | 7 | | other elements of compensation, in the manner most | 8 | | consistent with the employer's compensation system, if | 9 | | requested by the Department of Employment Security as part | 10 | | of a determination as to whether these elements of | 11 | | compensation are different for male and female employees; | 12 | | (5) average length of service for male and female | 13 | | employees in each major job category; and | 14 | | (6) other information identified by the business or by | 15 | | the Department of Employment Security, as needed, to | 16 | | determine compliance with items specified in subsection | 17 | | (a) of Section 10. | 18 | | Section 45. Access to data. Data submitted to the | 19 | | Department of Employment Security related to equal pay | 20 | | certificates are private data on individuals or nonpublic data | 21 | | with respect to persons other than Department employees. The | 22 | | Department's decision to issue, not issue, revoke, or suspend | 23 | | an equal pay certificate is public data. The Department shall | 24 | | publish a list of all businesses in compliance with this Act | 25 | | with current and valid equal pay certificates on its website. |
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| 1 | | Section 50. Report. The Department of Employment Security | 2 | | shall report to the Governor and the General Assembly by | 3 | | January 31 of every odd-numbered year, beginning January 31, | 4 | | 2021. The report shall indicate the number of equal pay | 5 | | certificates issued, the number of audits conducted, the | 6 | | processes used by contractors to ensure compliance with | 7 | | subsection (a) of Section 10, and a summary of its auditing | 8 | | efforts. | 9 | | Section 100. The State Finance Act is amended by adding | 10 | | Section 5.891 as follows: | 11 | | (30 ILCS 105/5.891 new) | 12 | | Sec. 5.891. The Equal Pay Certificate Fund.
| 13 | | Section 999. Effective date. This Act takes effect upon | 14 | | becoming law.".
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