Full Text of SB1480 101st General Assembly
SB1480enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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:
| 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, | 16 | | "age" means the chronological age of a person
who is 18 but not | 17 | | yet 40 years old.
| 18 | | (B) Aggrieved party. "Aggrieved party" means a person who | 19 | | is alleged
or proved to have been injured by a civil rights | 20 | | violation or believes he
or she will be injured by a civil | 21 | | rights violation under Article 3 that is
about to occur.
| 22 | | (B-5) Arrest record. "Arrest record" means: |
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| 1 | | (1) an arrest not leading to a conviction; | 2 | | (2) a juvenile record; or | 3 | | (3) criminal history record information ordered | 4 | | expunged, sealed, or impounded under Section 5.2 of the | 5 | | Criminal Identification Act. | 6 | | (C) Charge. "Charge" means an allegation filed with the | 7 | | Department
by an aggrieved party or initiated by the Department | 8 | | under its
authority.
| 9 | | (D) Civil rights violation. "Civil rights violation" | 10 | | includes and
shall be limited to only those specific acts set | 11 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 12 | | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | 13 | | 6-101, and 6-102 of this Act.
| 14 | | (E) Commission. "Commission" means the Human Rights | 15 | | Commission
created by this Act.
| 16 | | (F) Complaint. "Complaint" means the formal pleading filed | 17 | | by
the Department with the Commission following an | 18 | | investigation and
finding of substantial evidence of a civil | 19 | | rights violation.
| 20 | | (G) Complainant. "Complainant" means a person including | 21 | | the
Department who files a charge of civil rights violation | 22 | | with the Department or
the Commission.
| 23 | | (G-5) Conviction record. "Conviction record" means | 24 | | information indicating that a person has been convicted of a | 25 | | felony, misdemeanor or other criminal offense, placed on | 26 | | probation, fined, imprisoned, or paroled pursuant to any law |
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| 1 | | enforcement or military authority. | 2 | | (H) Department. "Department" means the Department of Human | 3 | | Rights
created by this Act.
| 4 | | (I) Disability. "Disability" means a determinable physical | 5 | | or mental
characteristic of a person, including, but not | 6 | | limited to, a determinable
physical characteristic which | 7 | | necessitates the person's use of a guide,
hearing or support | 8 | | dog, the history of such characteristic, or the
perception of | 9 | | such characteristic by the person complained against, which
may | 10 | | result from disease, injury, congenital condition of birth or
| 11 | | functional disorder and which characteristic:
| 12 | | (1) For purposes of Article 2, is unrelated to the | 13 | | person's ability
to perform the duties of a particular job | 14 | | or position and, pursuant to
Section 2-104 of this Act, a | 15 | | person's illegal use of drugs or alcohol is not a
| 16 | | disability;
| 17 | | (2) For purposes of Article 3, is unrelated to the | 18 | | person's ability
to acquire, rent, or maintain a housing | 19 | | accommodation;
| 20 | | (3) For purposes of Article 4, is unrelated to a | 21 | | person's ability to
repay;
| 22 | | (4) For purposes of Article 5, is unrelated to a | 23 | | person's ability to
utilize and benefit from a place of | 24 | | public accommodation;
| 25 | | (5) For purposes of Article 5, also includes any | 26 | | mental, psychological, or developmental disability, |
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| 1 | | including autism spectrum disorders. | 2 | | (J) Marital status. "Marital status" means the legal status | 3 | | of being
married, single, separated, divorced, or widowed.
| 4 | | (J-1) Military status. "Military status" means a person's | 5 | | status on
active duty in or status as a veteran of the armed | 6 | | forces of the United States, status as a current member or | 7 | | veteran of any
reserve component of the armed forces of the | 8 | | United States, including the United
States Army Reserve, United | 9 | | States Marine Corps Reserve, United States Navy
Reserve, United | 10 | | States Air Force Reserve, and United States Coast Guard
| 11 | | Reserve, or status as a current member or veteran of the | 12 | | Illinois Army National Guard or Illinois Air National
Guard.
| 13 | | (K) National origin. "National origin" means the place in | 14 | | which a
person or one of his or her ancestors was born.
| 15 | | (K-5) "Order of protection status" means a person's status | 16 | | as being a person protected under an order of protection issued | 17 | | pursuant to the Illinois Domestic Violence Act of 1986, Article | 18 | | 112A of the Code of Criminal Procedure of 1963, the Stalking No | 19 | | Contact Order Act, or the Civil No Contact Order Act, or an | 20 | | order of protection issued by a court of another state. | 21 | | (L) Person. "Person" includes one or more individuals, | 22 | | partnerships,
associations or organizations, labor | 23 | | organizations, labor unions, joint
apprenticeship committees, | 24 | | or union labor associations, corporations, the
State of | 25 | | Illinois and its instrumentalities, political subdivisions, | 26 | | units
of local government, legal representatives, trustees in |
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| 1 | | bankruptcy
or receivers.
| 2 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 3 | | or medical or common conditions related to pregnancy or | 4 | | childbirth. | 5 | | (M) Public contract. "Public contract" includes every | 6 | | contract to which the
State, any of its political subdivisions, | 7 | | or any municipal corporation is a
party.
| 8 | | (N) Religion. "Religion" includes all aspects of religious | 9 | | observance
and practice, as well as belief, except that with | 10 | | respect to employers, for
the purposes of Article 2, "religion" | 11 | | has the meaning ascribed to it in
paragraph (F) of Section | 12 | | 2-101.
| 13 | | (O) Sex. "Sex" means the status of being male or female.
| 14 | | (O-1) Sexual orientation. "Sexual orientation" means | 15 | | actual or
perceived heterosexuality, homosexuality, | 16 | | bisexuality, or gender-related identity,
whether or not | 17 | | traditionally associated with the person's designated sex at
| 18 | | birth. "Sexual orientation" does not include a physical or | 19 | | sexual attraction to a minor by an adult.
| 20 | | (P) Unfavorable military discharge. "Unfavorable military | 21 | | discharge"
includes discharges from the Armed Forces of the | 22 | | United States, their
Reserve components, or any National Guard | 23 | | or Naval Militia which are
classified as RE-3 or the equivalent | 24 | | thereof, but does not include those
characterized as RE-4 or | 25 | | "Dishonorable".
| 26 | | (Q) Unlawful discrimination. "Unlawful discrimination" |
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| 1 | | means discrimination
against a person because of his or her | 2 | | actual or perceived: race, color, religion, national origin,
| 3 | | ancestry, age, sex, marital status, order of protection status, | 4 | | disability, military status, sexual
orientation, pregnancy,
or | 5 | | unfavorable
discharge from military service as those terms are | 6 | | defined in this Section.
| 7 | | (Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19; | 8 | | 101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
| 9 | | (775 ILCS 5/2-103.1 new) | 10 | | Sec. 2-103.1. Conviction record. | 11 | | (A) Unless otherwise authorized by law, it is a civil | 12 | | rights violation for any employer, employment agency or labor | 13 | | organization to use a conviction record, as defined under | 14 | | subsection (G-5) of Section 1-103, as a basis to refuse to | 15 | | hire, to segregate, or to act with respect to recruitment, | 16 | | hiring, promotion, renewal of employment, selection for | 17 | | training or apprenticeship, discharge, discipline, tenure or | 18 | | terms, privileges or conditions of employment (whether | 19 | | "disqualification" or "adverse action"), unless: | 20 | | (1) there is a substantial relationship between one or | 21 | | more of the previous criminal offenses and the employment | 22 | | sought or held; or | 23 | | (2) the granting or continuation of the employment | 24 | | would involve an unreasonable risk to property or to the | 25 | | safety or welfare of specific individuals or the general |
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| 1 | | public. | 2 | | For the purposes of this subsection (A), "substantial | 3 | | relationship" means a consideration of whether the employment | 4 | | position offers the opportunity for the same or a similar | 5 | | offense to occur and whether the circumstances leading to the | 6 | | conduct for which the person was convicted will recur in the | 7 | | employment position. | 8 | | (B) Factors considered. In making a determination pursuant | 9 | | to subsection (A), the employer shall consider the following | 10 | | factors: | 11 | | (1) the length of time since the conviction; | 12 | | (2) the number of convictions that appear on the | 13 | | conviction record; | 14 | | (3) the nature and severity of the conviction and its | 15 | | relationship to the safety and security of others; | 16 | | (4) the facts or circumstances surrounding the | 17 | | conviction; | 18 | | (5) the age of the employee at the time of the | 19 | | conviction; and | 20 | | (6) evidence of rehabilitation efforts. | 21 | | (C) Interactive assessment required for disqualifying | 22 | | conviction. If, after considering the mitigating factors in | 23 | | subsection (B), the employer makes a preliminary decision that | 24 | | the employee's conviction record disqualifies the employee, | 25 | | the employer shall notify the employee of this preliminary | 26 | | decision in writing. |
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| 1 | | (1) Notification. The notification shall contain all | 2 | | of the following: | 3 | | (a) notice of the disqualifying conviction or | 4 | | convictions that are the basis for the preliminary | 5 | | decision and the employer's reasoning for the | 6 | | disqualification; | 7 | | (b) a copy of the conviction history report, if | 8 | | any; and | 9 | | (c) an explanation of the employee's right to | 10 | | respond to the notice of the employer's preliminary | 11 | | decision before that decision becomes final. The | 12 | | explanation shall inform the employee that the | 13 | | response may include, but is not limited to, submission | 14 | | of evidence challenging the accuracy of the conviction | 15 | | record that is the basis for the disqualification, or | 16 | | evidence in mitigation, such as rehabilitation. | 17 | | (2) Employee response. The employee shall have at least | 18 | | 5 business days to respond to the notification provided to | 19 | | the employee before the employer may make a final decision. | 20 | | (3) Final decision. The employer shall consider | 21 | | information submitted by the employee before making a final | 22 | | decision. If an employer makes a final decision to | 23 | | disqualify or take an adverse action solely or in part | 24 | | because of the employee's conviction record, the employer | 25 | | shall notify the employee in writing of the following: | 26 | | (a) notice of the disqualifying conviction or |
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| 1 | | convictions that are the basis for the final decision | 2 | | and the employer's reasoning for the disqualification; | 3 | | (b) any existing procedure the employer has for the | 4 | | employee to challenge the decision or request | 5 | | reconsideration; and | 6 | | (c) the right to file a charge with the Department.
| 7 | | Article 5. | 8 | | Section 5-5. The Business Corporation Act of 1983 is | 9 | | amended by changing Section 14.05 as follows:
| 10 | | (805 ILCS 5/14.05) (from Ch. 32, par. 14.05)
| 11 | | Sec. 14.05. Annual report of domestic or foreign | 12 | | corporation. Each domestic corporation organized under any | 13 | | general law or
special act of this State authorizing the | 14 | | corporation to issue shares,
other than homestead | 15 | | associations, building and loan associations, banks
and | 16 | | insurance companies (which includes a syndicate or limited | 17 | | syndicate
regulated under Article V 1/2 of the Illinois | 18 | | Insurance Code or member of a
group of underwriters regulated | 19 | | under Article V of that Code), and each
foreign corporation | 20 | | (except members of a group of underwriters regulated
under | 21 | | Article V of the Illinois Insurance Code) authorized to | 22 | | transact
business in this State, shall file, within the time | 23 | | prescribed by this
Act, an annual report setting forth:
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| 1 | | (a) The name of the corporation.
| 2 | | (b) The address, including street and number, or rural | 3 | | route number, of
its registered office in this State, and | 4 | | the name of its registered agent
at that address.
| 5 | | (c) The address, including street and number, or rural | 6 | | route number, of
its principal office.
| 7 | | (d) The names and respective addresses, including | 8 | | street and
number, or rural route number, of its directors | 9 | | and officers.
| 10 | | (e) A statement of the aggregate number of shares which | 11 | | the corporation
has authority to issue, itemized by classes | 12 | | and series, if any, within a class.
| 13 | | (f) A statement of the aggregate number of issued | 14 | | shares, itemized by
classes, and series, if any, within a | 15 | | class.
| 16 | | (g) A statement, expressed in dollars, of the amount of | 17 | | paid-in capital
of the corporation as defined in this Act.
| 18 | | (h) Either a statement that (1) all the property of the | 19 | | corporation is
located in this State and all of its | 20 | | business is transacted at or from places
of business in | 21 | | this State, or the corporation elects to pay the annual
| 22 | | franchise tax on the basis of its entire paid-in capital, | 23 | | or (2) a
statement, expressed in dollars, of the value of | 24 | | all the property owned by
the corporation, wherever | 25 | | located, and the value of the property located
within this | 26 | | State, and a statement, expressed in dollars, of the gross
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| 1 | | amount of business transacted by the corporation and the | 2 | | gross amount thereof
transacted by the corporation at or | 3 | | from places of business in this State
as of the close of | 4 | | its fiscal year on or immediately preceding the last day of
| 5 | | the third month prior to the anniversary month or in the | 6 | | case of a
corporation which has established an extended | 7 | | filing month, as of the close
of its fiscal year on or | 8 | | immediately preceding the last day of the third month
prior | 9 | | to the extended filing month; however, in the case of a | 10 | | domestic
corporation that has not completed its first | 11 | | fiscal year, the statement with
respect to property owned | 12 | | shall be as of the last day of the third month
preceding | 13 | | the anniversary month and the statement with respect to | 14 | | business
transacted shall be furnished for the period | 15 | | between the date
of incorporation and the last day of the | 16 | | third month preceding the
anniversary month. In the case of | 17 | | a foreign corporation that has not been
authorized to | 18 | | transact business in this State for a period of 12 months | 19 | | and
has not commenced transacting business prior to | 20 | | obtaining
authority, the statement with respect to | 21 | | property owned shall be as of the
last day of the third | 22 | | month preceding the anniversary month and the
statement | 23 | | with respect to business transacted shall be furnished for | 24 | | the
period between the date of its authorization to | 25 | | transact business in this
State and the last day of the | 26 | | third month preceding the anniversary month.
If the data |
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| 1 | | referenced in item (2) of this subsection is not completed,
| 2 | | the franchise tax provided for in this Act shall be | 3 | | computed on the basis of
the entire paid-in capital.
| 4 | | (i) A statement, including the basis therefor, of | 5 | | status as a
"minority-owned business" or as a "women-owned | 6 | | business" as those terms
are defined in the Business | 7 | | Enterprise for
Minorities, Women, and Persons with | 8 | | Disabilities Act.
| 9 | | (j) Additional information as may be necessary or | 10 | | appropriate in
order to enable the Secretary of State to | 11 | | administer this Act and to verify
the proper amount of fees | 12 | | and franchise taxes payable by the corporation.
| 13 | | (k) A statement of whether the corporation or foreign | 14 | | corporation has outstanding shares listed on a major United | 15 | | States stock exchange and is thereby subject to the | 16 | | reporting requirements of Section 8.12. | 17 | | (l) For those corporations subject to Section 8.12, a | 18 | | statement providing the information required under Section | 19 | | 8.12. | 20 | | (m) For those corporations required to file an Employer | 21 | | Information Report EEO-1 with the Equal Employment | 22 | | Opportunity Commission, information that is substantially | 23 | | similar to the employment data reported under Section D of | 24 | | the corporation's EEO-1 in a format approved by the | 25 | | Secretary of State. For each corporation that submits data | 26 | | under this paragraph, the Secretary of State shall publish |
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| 1 | | the data on the gender, race, and ethnicity of each | 2 | | corporation's employees on the Secretary of State's | 3 | | official website. The Secretary of State shall publish such | 4 | | information within 90 days of receipt of a properly filed | 5 | | annual report or as soon thereafter as practicable. | 6 | | The annual report shall be made on forms prescribed and | 7 | | furnished by
the Secretary of State, and the information | 8 | | therein required by paragraphs
(a) through (d), both inclusive, | 9 | | of this Section, shall be given as of the date
of the execution | 10 | | of the annual report and the information therein required
by | 11 | | paragraphs (e), (f), and (g) of this Section shall be given as | 12 | | of the
last day of the third month preceding the anniversary | 13 | | month, except that
the information required by paragraphs (e), | 14 | | (f), and (g) shall, in the case
of a corporation which has | 15 | | established an extended filing month, be given
in its final | 16 | | transition annual report and each subsequent annual report as
| 17 | | of the close of its fiscal year on or immediately preceding the | 18 | | last day of the third month prior to its extended filing
month. | 19 | | The information required by paragraph (m) shall be included in | 20 | | the corporation's annual report filed on and after January 1, | 21 | | 2023. It shall be executed by the corporation by its president, | 22 | | a
vice-president, secretary, assistant secretary, treasurer or | 23 | | other officer
duly authorized by the board of directors of the | 24 | | corporation to execute
those reports, and verified by him or | 25 | | her, or, if the corporation is in the
hands of a receiver or | 26 | | trustee, it shall be executed on behalf of the
corporation and |
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| 1 | | verified by the receiver or trustee.
| 2 | | (Source: P.A. 100-391, eff. 8-25-17; 100-486, eff. 1-1-18; | 3 | | 100-863, eff. 8-14-18; 101-589, eff. 8-27-19.)
| 4 | | Article 10. | 5 | | Section 10-1. The Freedom of Information Act is amended by | 6 | | changing Section 7.5 as follows: | 7 | | (5 ILCS 140/7.5) | 8 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 9 | | by the statutes referenced below, the following shall be exempt | 10 | | from inspection and copying: | 11 | | (a) All information determined to be confidential | 12 | | under Section 4002 of the Technology Advancement and | 13 | | Development Act. | 14 | | (b) Library circulation and order records identifying | 15 | | library users with specific materials under the Library | 16 | | Records Confidentiality Act. | 17 | | (c) Applications, related documents, and medical | 18 | | records received by the Experimental Organ Transplantation | 19 | | Procedures Board and any and all documents or other records | 20 | | prepared by the Experimental Organ Transplantation | 21 | | Procedures Board or its staff relating to applications it | 22 | | has received. | 23 | | (d) Information and records held by the Department of |
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| 1 | | Public Health and its authorized representatives relating | 2 | | to known or suspected cases of sexually transmissible | 3 | | disease or any information the disclosure of which is | 4 | | restricted under the Illinois Sexually Transmissible | 5 | | Disease Control Act. | 6 | | (e) Information the disclosure of which is exempted | 7 | | under Section 30 of the Radon Industry Licensing Act. | 8 | | (f) Firm performance evaluations under Section 55 of | 9 | | the Architectural, Engineering, and Land Surveying | 10 | | Qualifications Based Selection Act. | 11 | | (g) Information the disclosure of which is restricted | 12 | | and exempted under Section 50 of the Illinois Prepaid | 13 | | Tuition Act. | 14 | | (h) Information the disclosure of which is exempted | 15 | | under the State Officials and Employees Ethics Act, and | 16 | | records of any lawfully created State or local inspector | 17 | | general's office that would be exempt if created or | 18 | | obtained by an Executive Inspector General's office under | 19 | | that Act. | 20 | | (i) Information contained in a local emergency energy | 21 | | plan submitted to a municipality in accordance with a local | 22 | | emergency energy plan ordinance that is adopted under | 23 | | Section 11-21.5-5 of the Illinois Municipal Code. | 24 | | (j) Information and data concerning the distribution | 25 | | of surcharge moneys collected and remitted by carriers | 26 | | under the Emergency Telephone System Act. |
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| 1 | | (k) Law enforcement officer identification information | 2 | | or driver identification information compiled by a law | 3 | | enforcement agency or the Department of Transportation | 4 | | under Section 11-212 of the Illinois Vehicle Code. | 5 | | (l) Records and information provided to a residential | 6 | | health care facility resident sexual assault and death | 7 | | review team or the Executive Council under the Abuse | 8 | | Prevention Review Team Act. | 9 | | (m) Information provided to the predatory lending | 10 | | database created pursuant to Article 3 of the Residential | 11 | | Real Property Disclosure Act, except to the extent | 12 | | authorized under that Article. | 13 | | (n) Defense budgets and petitions for certification of | 14 | | compensation and expenses for court appointed trial | 15 | | counsel as provided under Sections 10 and 15 of the Capital | 16 | | Crimes Litigation Act. This subsection (n) shall apply | 17 | | until the conclusion of the trial of the case, even if the | 18 | | prosecution chooses not to pursue the death penalty prior | 19 | | to trial or sentencing. | 20 | | (o) Information that is prohibited from being | 21 | | disclosed under Section 4 of the Illinois Health and | 22 | | Hazardous Substances Registry Act. | 23 | | (p) Security portions of system safety program plans, | 24 | | investigation reports, surveys, schedules, lists, data, or | 25 | | information compiled, collected, or prepared by or for the | 26 | | Regional Transportation Authority under Section 2.11 of |
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| 1 | | the Regional Transportation Authority Act or the St. Clair | 2 | | County Transit District under the Bi-State Transit Safety | 3 | | Act. | 4 | | (q) Information prohibited from being disclosed by the | 5 | | Personnel Record Review Act. | 6 | | (r) Information prohibited from being disclosed by the | 7 | | Illinois School Student Records Act. | 8 | | (s) Information the disclosure of which is restricted | 9 | | under Section 5-108 of the Public Utilities Act.
| 10 | | (t) All identified or deidentified health information | 11 | | in the form of health data or medical records contained in, | 12 | | stored in, submitted to, transferred by, or released from | 13 | | the Illinois Health Information Exchange, and identified | 14 | | or deidentified health information in the form of health | 15 | | data and medical records of the Illinois Health Information | 16 | | Exchange in the possession of the Illinois Health | 17 | | Information Exchange Office due to its administration of | 18 | | the Illinois Health Information Exchange. The terms | 19 | | "identified" and "deidentified" shall be given the same | 20 | | meaning as in the Health Insurance Portability and | 21 | | Accountability Act of 1996, Public Law 104-191, or any | 22 | | subsequent amendments thereto, and any regulations | 23 | | promulgated thereunder. | 24 | | (u) Records and information provided to an independent | 25 | | team of experts under the Developmental Disability and | 26 | | Mental Health Safety Act (also known as Brian's Law). |
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| 1 | | (v) Names and information of people who have applied | 2 | | for or received Firearm Owner's Identification Cards under | 3 | | the Firearm Owners Identification Card Act or applied for | 4 | | or received a concealed carry license under the Firearm | 5 | | Concealed Carry Act, unless otherwise authorized by the | 6 | | Firearm Concealed Carry Act; and databases under the | 7 | | Firearm Concealed Carry Act, records of the Concealed Carry | 8 | | Licensing Review Board under the Firearm Concealed Carry | 9 | | Act, and law enforcement agency objections under the | 10 | | Firearm Concealed Carry Act. | 11 | | (w) Personally identifiable information which is | 12 | | exempted from disclosure under subsection (g) of Section | 13 | | 19.1 of the Toll Highway Act. | 14 | | (x) Information which is exempted from disclosure | 15 | | under Section 5-1014.3 of the Counties Code or Section | 16 | | 8-11-21 of the Illinois Municipal Code. | 17 | | (y) Confidential information under the Adult | 18 | | Protective Services Act and its predecessor enabling | 19 | | statute, the Elder Abuse and Neglect Act, including | 20 | | information about the identity and administrative finding | 21 | | against any caregiver of a verified and substantiated | 22 | | decision of abuse, neglect, or financial exploitation of an | 23 | | eligible adult maintained in the Registry established | 24 | | under Section 7.5 of the Adult Protective Services Act. | 25 | | (z) Records and information provided to a fatality | 26 | | review team or the Illinois Fatality Review Team Advisory |
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| 1 | | Council under Section 15 of the Adult Protective Services | 2 | | Act. | 3 | | (aa) Information which is exempted from disclosure | 4 | | under Section 2.37 of the Wildlife Code. | 5 | | (bb) Information which is or was prohibited from | 6 | | disclosure by the Juvenile Court Act of 1987. | 7 | | (cc) Recordings made under the Law Enforcement | 8 | | Officer-Worn Body Camera Act, except to the extent | 9 | | authorized under that Act. | 10 | | (dd) Information that is prohibited from being | 11 | | disclosed under Section 45 of the Condominium and Common | 12 | | Interest Community Ombudsperson Act. | 13 | | (ee) Information that is exempted from disclosure | 14 | | under Section 30.1 of the Pharmacy Practice Act. | 15 | | (ff) Information that is exempted from disclosure | 16 | | under the Revised Uniform Unclaimed Property Act. | 17 | | (gg) Information that is prohibited from being | 18 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 19 | | Code. | 20 | | (hh) Records that are exempt from disclosure under | 21 | | Section 1A-16.7 of the Election Code. | 22 | | (ii) Information which is exempted from disclosure | 23 | | under Section 2505-800 of the Department of Revenue Law of | 24 | | the Civil Administrative Code of Illinois. | 25 | | (jj) Information and reports that are required to be | 26 | | submitted to the Department of Labor by registering day and |
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| 1 | | temporary labor service agencies but are exempt from | 2 | | disclosure under subsection (a-1) of Section 45 of the Day | 3 | | and Temporary Labor Services Act. | 4 | | (kk) Information prohibited from disclosure under the | 5 | | Seizure and Forfeiture Reporting Act. | 6 | | (ll) Information the disclosure of which is restricted | 7 | | and exempted under Section 5-30.8 of the Illinois Public | 8 | | Aid Code. | 9 | | (mm) Records that are exempt from disclosure under | 10 | | Section 4.2 of the Crime Victims Compensation Act. | 11 | | (nn) Information that is exempt from disclosure under | 12 | | Section 70 of the Higher Education Student Assistance Act. | 13 | | (oo) Communications, notes, records, and reports | 14 | | arising out of a peer support counseling session prohibited | 15 | | from disclosure under the First Responders Suicide | 16 | | Prevention Act. | 17 | | (pp) Names and all identifying information relating to | 18 | | an employee of an emergency services provider or law | 19 | | enforcement agency under the First Responders Suicide | 20 | | Prevention Act. | 21 | | (qq) Information and records held by the Department of | 22 | | Public Health and its authorized representatives collected | 23 | | under the Reproductive Health Act. | 24 | | (rr) Information that is exempt from disclosure under | 25 | | the Cannabis Regulation and Tax Act. | 26 | | (ss) Data reported by an employer to the Department of |
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| 1 | | Human Rights pursuant to Section 2-108 of the Illinois | 2 | | Human Rights Act. | 3 | | (tt) Recordings made under the Children's Advocacy | 4 | | Center Act, except to the extent authorized under that Act. | 5 | | (uu) Information that is exempt from disclosure under | 6 | | Section 50 of the Sexual Assault Evidence Submission Act. | 7 | | (vv) Information that is exempt from disclosure under | 8 | | subsections (f) and (j) of Section 5-36 of the Illinois | 9 | | Public Aid Code. | 10 | | (ww) Information that is exempt from disclosure under | 11 | | Section 16.8 of the State Treasurer Act. | 12 | | (xx) Information that is exempt from disclosure or | 13 | | information that shall not be made public under the | 14 | | Illinois Insurance Code. | 15 | | (yy) Information prohibited from being disclosed under | 16 | | the Illinois Educational Labor Relations Act. | 17 | | (zz) Information prohibited from being disclosed under | 18 | | the Illinois Public Labor Relations Act. | 19 | | (aaa) Information prohibited from being disclosed | 20 | | under Section 1-167 of the Illinois Pension Code. | 21 | | (bbb) Information that is exempt from disclosure under | 22 | | subsection (k) of Section 11 of the Equal Pay Act of 2003. | 23 | | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 24 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 25 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 26 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; |
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| 1 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | 2 | | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | 3 | | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | 4 | | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | 5 | | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | 6 | | eff. 7-7-20.) | 7 | | Section 10-5. The State Finance Act is amended by adding | 8 | | Section 5.935 as follows: | 9 | | (30 ILCS 105/5.935 new) | 10 | | Sec. 5.935. The Equal Pay Registration Fund. | 11 | | Section 10-10. The Equal Pay Act of 2003 is amended by | 12 | | adding Section 11 as follows: | 13 | | (820 ILCS 112/11 new) | 14 | | Sec. 11. Equal pay registration certificate requirements; | 15 | | application. | 16 | | For the purposes of this Section 11 only, "business" means | 17 | | any private employer who has more than 100 employees in the | 18 | | State of Illinois, and does not include the State of Illinois | 19 | | or any political subdivision, municipal corporation, or other | 20 | | governmental unit or agency. | 21 | | (a) A business must obtain an equal pay registration | 22 | | certificate from the Department or certify in writing that it |
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| 1 | | is exempt. | 2 | | (b) Any business subject to the requirements of this | 3 | | Section that is authorized to transact business in this State | 4 | | on the effective date of this amendatory Act of the 101st | 5 | | General Assembly must obtain an equal pay registration | 6 | | certificate within 3 years after the effective date of this | 7 | | amendatory Act of the 101st General Assembly and must recertify | 8 | | every 2 years thereafter. Any business subject to the | 9 | | requirements of this Section that is authorized to transact | 10 | | business in this State after the effective date of this | 11 | | amendatory Act of the 101st General Assembly must obtain an | 12 | | equal pay registration certificate within 3 years of commencing | 13 | | business operations and must recertify every 2 years | 14 | | thereafter. | 15 | | (c) Application. | 16 | | (1) A business shall apply for an equal pay | 17 | | registration certificate by paying a $150 filing fee and | 18 | | submitting an equal pay compliance statement to the | 19 | | Director. Any business that is required to file an annual | 20 | | Employer Information Report EEO-1 with the Equal | 21 | | Employment Opportunity Commission must also submit to the | 22 | | Director a copy of the business's most recently filed | 23 | | Employer Information Report EEO-1 for each county in which | 24 | | the
business has a facility or employees. The business | 25 | | shall also compile, from
records maintained and available, | 26 | | a list of all employees during the past calendar
year, |
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| 1 | | separated by gender and the race and ethnicity categories | 2 | | as reported in the
business's most recently filed Employer | 3 | | Information Report EEO-1, and report the
total wages as | 4 | | defined by Section 2 of the Illinois Wage Payment and | 5 | | Collection Act
paid to each employee during the past | 6 | | calendar year, rounded to the nearest hundred
dollar, to | 7 | | the Director. The proceeds from the fees collected under | 8 | | this Section shall be deposited into the Equal Pay | 9 | | Registration Fund, a special fund created in the State | 10 | | treasury. Moneys in the Fund shall be appropriated to the | 11 | | Department for the purposes of this Section. The Director | 12 | | shall issue an equal pay registration certificate to a | 13 | | business that submits to the Director a statement signed by | 14 | | a corporate officer, legal counsel, or authorized agent of | 15 | | the business: | 16 | | (A) that the business is in compliance with Title | 17 | | VII of the Civil Rights Act of 1964, the Equal Pay Act | 18 | | of 1963, the Illinois Human Rights Act, the Equal Wage | 19 | | Act, and the Equal Pay Act of 2003; | 20 | | (B) that the average compensation for its female | 21 | | and minority employees is not consistently below the | 22 | | average compensation, as determined by rule by the | 23 | | United States Department of Labor, for its male and | 24 | | non-minority employees within each of the major job | 25 | | categories in the Employer Information Report EEO-1 | 26 | | for which an employee is expected to perform work under |
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| 1 | | the contract, taking into account factors such as | 2 | | length of service, requirements of specific jobs, | 3 | | experience, skill, effort, responsibility, working | 4 | | conditions of the job, or other mitigating factors; as | 5 | | used in this subparagraph, "minority" has the meaning | 6 | | ascribed to that term in paragraph (1) of subsection | 7 | | (A) of Section 2 of the Business Enterprise for | 8 | | Minorities, Women, and Persons with Disabilities Act; | 9 | | (C) that the business does not restrict employees | 10 | | of one sex to certain job classifications and makes | 11 | | retention and promotion decisions without regard to | 12 | | sex; | 13 | | (D) that wage and benefit disparities are | 14 | | corrected when identified to ensure compliance with | 15 | | the Acts cited in subparagraph (A) and with | 16 | | subparagraph (B); and | 17 | | (E) how often wages and benefits are evaluated to | 18 | | ensure compliance with the Acts cited in subparagraph | 19 | | (A) and with subparagraph (B). | 20 | | (2) The equal pay compliance statement shall also | 21 | | indicate whether the business, in setting compensation and | 22 | | benefits, utilizes: | 23 | | (A) a market pricing approach; | 24 | | (B) State prevailing wage or union contract | 25 | | requirements; | 26 | | (C) a performance pay system; |
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| 1 | | (D) an internal analysis; or | 2 | | (E) an alternative approach to determine what | 3 | | level of wages and benefits to pay its employees. If | 4 | | the business uses an alternative approach, the | 5 | | business must provide a description of its approach. | 6 | | (3) Receipt of the equal pay compliance statement by | 7 | | the Director does not establish compliance with the Acts | 8 | | set forth in subparagraph (A). | 9 | | A business that has employees in multiple locations or | 10 | | facilities in
Illinois shall submit a single application to the | 11 | | Department regarding all of its
operations in Illinois. | 12 | | (d) Issuance or rejection of registration certificate. The | 13 | | Director must issue an equal pay registration certificate, or a | 14 | | statement of why the application was rejected, within 45 | 15 | | calendar days of receipt of the application. An application may | 16 | | be rejected only if it does not comply with the requirements of | 17 | | subsection (c). The receipt of an application by the | 18 | | Department, or the issuance of a registration certificate by | 19 | | the Department, shall not establish compliance of the Equal Pay | 20 | | Act of 2003 as to all Sections except Section 11. The issuance | 21 | | of a registration certificate shall not be a defense against | 22 | | any Equal Pay Act violation found by the Department, nor a | 23 | | basis for mitigation of damages. | 24 | | (e) Revocation of registration certificate. An equal pay | 25 | | registration certificate for a business may be suspended or | 26 | | revoked by the Director when the business fails to make a good |
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| 1 | | faith effort to comply with the Acts identified in subparagraph | 2 | | (A) of paragraph (1) of subsection (c), fails to make a good | 3 | | faith effort to comply with this Section, or has multiple | 4 | | violations of this Section or the Acts identified in | 5 | | subparagraph (A) of paragraph (1) of subsection (c). Prior to | 6 | | suspending or revoking a registration certificate, the | 7 | | Director must first have sought to conciliate with the business | 8 | | regarding wages and benefits due to employees. | 9 | | The Director, or his or her authorized representative, may | 10 | | interview workers, administer oaths, take or cause to be taken | 11 | | the depositions of witnesses, and require by subpoena the | 12 | | attendance and testimony of witnesses, and the production of | 13 | | all books, records, and other evidence relative to the matter | 14 | | under investigation or hearing. Such subpoena shall be signed | 15 | | and issued by the Director or his or her authorized | 16 | | representative. | 17 | | Upon request by the Director or his or her deputies or | 18 | | agents, records shall be copied and submitted for evidence at | 19 | | no cost to the Department. Every employer upon request shall | 20 | | furnish to the Director or his or her authorized | 21 | | representative, on demand, a sworn statement of the accuracy of | 22 | | the records. Any employer who refuses to furnish a sworn | 23 | | statement of the records is in violation of this Act. | 24 | | In case of failure of any person to comply with any | 25 | | subpoena lawfully issued under this Section or on the refusal | 26 | | of any witness to produce evidence or to testify to any matter |
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| 1 | | regarding which he or she may be lawfully interrogated, it is | 2 | | the duty of any circuit court, upon application of the Director | 3 | | or his or her authorized representative, to compel obedience by | 4 | | proceedings for contempt, as in the case of disobedience of the | 5 | | requirements of a subpoena issued by such court or a refusal to | 6 | | testify therein. The Director may certify to official acts. | 7 | | Neither the Department nor the Director shall be held | 8 | | liable for good faith errors in issuing, denying, suspending or | 9 | | revoking certificates. | 10 | | (f) Administrative review. | 11 | | (1) A business may obtain an administrative hearing in | 12 | | accordance with the Illinois Administrative Procedure Act | 13 | | before the suspension or revocation of its certificate is | 14 | | effective by filing a written request for hearing within 20 | 15 | | calendar days after service of notice by the Director. | 16 | | (2) A business may obtain an administrative hearing in | 17 | | accordance with the Illinois Administrative Procedure Act | 18 | | before the contract award entity's abridgement or | 19 | | termination of a contract is effective by filing a written | 20 | | request for a hearing 20 calendar days after service of | 21 | | notice by the contract award entity. | 22 | | (g) Technical assistance. The Director must provide | 23 | | technical assistance to any business that requests assistance | 24 | | regarding this Section. | 25 | | (h) Audit. The Director may audit the business's compliance | 26 | | with this Section. As part of an audit, upon request, a |
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| 1 | | business must provide the Director the following information | 2 | | with respect to employees expected to perform work under the | 3 | | contract in each of the major job categories in the Employer | 4 | | Information Report EEO-1: | 5 | | (1) number of male employees; | 6 | | (2) number of female employees; | 7 | | (3) average annualized salaries paid to male employees | 8 | | and to female employees, in the manner most consistent with | 9 | | the employer's compensation system, within each major job | 10 | | category; | 11 | | (4) information on performance payments, benefits, or | 12 | | other elements of compensation, in the manner most | 13 | | consistent with the employer's compensation system, if | 14 | | requested by the Director as part of a determination as to | 15 | | whether these elements of compensation are different for | 16 | | male and female employees; | 17 | | (5) average length of service for male and female | 18 | | employees in each major job category; and | 19 | | (6) other information identified by the business or by | 20 | | the Director, as needed, to determine compliance with items | 21 | | specified in paragraph (1) of subsection (c). | 22 | | (i) Access to data. Data submitted to the Director related | 23 | | to equal pay registration certificates or otherwise provided by | 24 | | an employer in its equal pay compliance statement under | 25 | | subsection (c) are private data on individuals or nonpublic | 26 | | data with respect to persons other than Department employees. |
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| 1 | | The Director's decision to issue, not issue, revoke, or suspend | 2 | | an equal pay registration certificate is public data. | 3 | | (j) Penalty. The Department shall impose on any business | 4 | | that does not obtain an equal pay registration certificate as | 5 | | required under this Section, or whose equal pay registration | 6 | | certificate is suspended or revoked after a Department | 7 | | investigation, a civil penalty in an amount equal to 1% of the | 8 | | business's gross profits. | 9 | | Falsification or misrepresentation of information on an | 10 | | application submitted to the Department shall constitute a | 11 | | violation of this Act. | 12 | | (k) Whistleblower protection. As used in this subsection, | 13 | | "retaliatory action" means the reprimand, discharge, | 14 | | suspension, demotion, denial of promotion or transfer, or | 15 | | change in the terms and conditions of employment of any | 16 | | employee of a business that is taken in retaliation for the | 17 | | employee's involvement in a protected activity. | 18 | | (1) A business shall not take any retaliatory action | 19 | | against an employee of the business because the employee | 20 | | does any of the following: | 21 | | (A) Discloses or threatens to disclose to a | 22 | | supervisor or to a public body an activity, inaction, | 23 | | policy, or practice implemented by a business that the | 24 | | employee reasonably believes is in violation of a law, | 25 | | rule, or regulation. | 26 | | (B) Provides information to or testifies before |
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| 1 | | any public body conducting an investigation, hearing, | 2 | | or inquiry into any violation of a law, rule, or | 3 | | regulation by a nursing home administrator. | 4 | | (C) Assists or participates in a proceeding to | 5 | | enforce the provisions of this Act. | 6 | | (2) A violation of this subsection (k) may be | 7 | | established only upon a finding that (i) the employee of | 8 | | the business engaged in conduct described in paragraph (1) | 9 | | of this subsection and (ii) this conduct was a contributing | 10 | | factor in the retaliatory action alleged by the employee. | 11 | | There is no violation of this Section, however, if the | 12 | | business demonstrates by clear and convincing evidence | 13 | | that it would have taken the same unfavorable personnel | 14 | | action in the absence of that conduct. | 15 | | (3) The employee of the business may be awarded all | 16 | | remedies necessary to make the employee whole and to | 17 | | prevent future violations of this Section. Remedies | 18 | | imposed by the court may include, but are not limited to, | 19 | | all of the following: | 20 | | (A) Reinstatement of the employee to either the | 21 | | same position held before the retaliatory action or to | 22 | | an equivalent position. | 23 | | (B) Two times the amount of back pay. | 24 | | (C) Interest on the back pay. | 25 | | (D) Reinstatement of full fringe benefits and | 26 | | seniority rights. |
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| 1 | | (E) Payment of reasonable costs and attorney's | 2 | | fees. | 3 | | (4) Nothing in this Section shall be deemed to diminish | 4 | | the rights, privileges, or remedies of an employee of a | 5 | | business under any other federal or State law, rule, or | 6 | | regulation or under any employment contract.
| 7 | | Article 99. | 8 | | Section 99-99. Effective date. This Act takes effect upon | 9 | | becoming law. |
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