Illinois General Assembly - Full Text of SB1480
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Full Text of SB1480  101st General Assembly


Rep. Sonya M. Harper

Filed: 1/11/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 1480 by replacing
3everything after the enacting clause with the following:
"Article 1.

5    Section 1-5. The Illinois Human Rights Act is amended by
6changing Section 1-103 and by adding Section 2-103.1 as
8    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
9    Sec. 1-103. General definitions. When used in this Act,
10unless the context requires otherwise, the term:
11    (A) Age. "Age" means the chronological age of a person who
12is at least 40 years old, except with regard to any practice
13described in Section 2-102, insofar as that practice concerns
14training or apprenticeship programs. In the case of training or
15apprenticeship 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
2yet 40 years old.
3    (B) Aggrieved party. "Aggrieved party" means a person who
4is alleged or proved to have been injured by a civil rights
5violation or believes he or she will be injured by a civil
6rights violation under Article 3 that is about to occur.
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
14Department by an aggrieved party or initiated by the Department
15under its authority.
16    (D) Civil rights violation. "Civil rights violation"
17includes and shall be limited to only those specific acts set
18forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
193-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
206-101, and 6-102 of this Act.
21    (E) Commission. "Commission" means the Human Rights
22Commission created by this Act.
23    (F) Complaint. "Complaint" means the formal pleading filed
24by the Department with the Commission following an
25investigation and finding of substantial evidence of a civil
26rights violation.



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1    (G) Complainant. "Complainant" means a person including
2the Department who files a charge of civil rights violation
3with the Department or the Commission.
4    (G-5) Conviction record. "Conviction record" means
5information indicating that a person has been convicted of a
6felony, misdemeanor or other criminal offense, placed on
7probation, fined, imprisoned, or paroled pursuant to any law
8enforcement or military authority.
9    (H) Department. "Department" means the Department of Human
10Rights created by this Act.
11    (I) Disability. "Disability" means a determinable physical
12or mental characteristic of a person, including, but not
13limited to, a determinable physical characteristic which
14necessitates the person's use of a guide, hearing or support
15dog, the history of such characteristic, or the perception of
16such characteristic by the person complained against, which may
17result from disease, injury, congenital condition of birth or
18functional disorder and which characteristic:
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
23    disability;
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;
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;
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
10of being married, single, separated, divorced, or widowed.
11    (J-1) Military status. "Military status" means a person's
12status on active duty in or status as a veteran of the armed
13forces of the United States, status as a current member or
14veteran of any reserve component of the armed forces of the
15United States, including the United States Army Reserve, United
16States Marine Corps Reserve, United States Navy Reserve, United
17States Air Force Reserve, and United States Coast Guard
18Reserve, or status as a current member or veteran of the
19Illinois Army National Guard or Illinois Air National Guard.
20    (K) National origin. "National origin" means the place in
21which a person or one of his or her ancestors was born.
22    (K-5) "Order of protection status" means a person's status
23as being a person protected under an order of protection issued
24pursuant to the Illinois Domestic Violence Act of 1986, Article
25112A of the Code of Criminal Procedure of 1963, the Stalking No
26Contact Order Act, or the Civil No Contact Order Act, or an



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1order of protection issued by a court of another state.
2    (L) Person. "Person" includes one or more individuals,
3partnerships, associations or organizations, labor
4organizations, labor unions, joint apprenticeship committees,
5or union labor associations, corporations, the State of
6Illinois and its instrumentalities, political subdivisions,
7units of local government, legal representatives, trustees in
8bankruptcy or receivers.
9    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
10or medical or common conditions related to pregnancy or
12    (M) Public contract. "Public contract" includes every
13contract to which the State, any of its political subdivisions,
14or any municipal corporation is a party.
15    (N) Religion. "Religion" includes all aspects of religious
16observance and practice, as well as belief, except that with
17respect to employers, for the purposes of Article 2, "religion"
18has the meaning ascribed to it in paragraph (F) of Section
20    (O) Sex. "Sex" means the status of being male or female.
21    (O-1) Sexual orientation. "Sexual orientation" means
22actual or perceived heterosexuality, homosexuality,
23bisexuality, or gender-related identity, whether or not
24traditionally associated with the person's designated sex at
25birth. "Sexual orientation" does not include a physical or
26sexual attraction to a minor by an adult.



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1    (P) Unfavorable military discharge. "Unfavorable military
2discharge" includes discharges from the Armed Forces of the
3United States, their Reserve components, or any National Guard
4or Naval Militia which are classified as RE-3 or the equivalent
5thereof, but does not include those characterized as RE-4 or
7    (Q) Unlawful discrimination. "Unlawful discrimination"
8means discrimination against a person because of his or her
9actual or perceived: race, color, religion, national origin,
10ancestry, age, sex, marital status, order of protection status,
11disability, military status, sexual orientation, pregnancy, or
12unfavorable discharge from military service as those terms are
13defined in this Section.
14(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
15101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
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
19rights violation for any employer, employment agency or labor
20organization to use a conviction record, as defined under
21subsection (G-5) of Section 1-103, as a basis to refuse to
22hire, to segregate, or to act with respect to recruitment,
23hiring, promotion, renewal of employment, selection for
24training or apprenticeship, discharge, discipline, tenure or
25terms, 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
10relationship" means a consideration of whether the employment
11position offers the opportunity for the same or a similar
12offense to occur and whether the circumstances leading to the
13conduct for which the person was convicted will recur in the
14employment position.
15    (B) Factors considered. In making a determination pursuant
16to subsection (A), the employer shall consider the following
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
3conviction. If after considering the mitigating factors in
4subsection (B), the employer makes a preliminary decision that
5the employee's conviction record disqualifies the employee,
6the employer shall notify the employee of this preliminary
7decision 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.
Article 5.

15    Section 5-5. The Business Corporation Act of 1983 is
16amended by changing Section 14.05 as follows:
17    (805 ILCS 5/14.05)  (from Ch. 32, par. 14.05)
18    Sec. 14.05. Annual report of domestic or foreign
19corporation. Each domestic corporation organized under any
20general law or special act of this State authorizing the
21corporation to issue shares, other than homestead
22associations, building and loan associations, banks and
23insurance companies (which includes a syndicate or limited



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1syndicate regulated under Article V 1/2 of the Illinois
2Insurance Code or member of a group of underwriters regulated
3under Article V of that Code), and each foreign corporation
4(except members of a group of underwriters regulated under
5Article V of the Illinois Insurance Code) authorized to
6transact business in this State, shall file, within the time
7prescribed by this Act, an annual report setting forth:
8        (a) The name of the corporation.
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.
12        (c) The address, including street and number, or rural
13    route number, of its principal office.
14        (d) The names and respective addresses, including
15    street and number, or rural route number, of its directors
16    and officers.
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.
20        (f) A statement of the aggregate number of issued
21    shares, itemized by classes, and series, if any, within a
22    class.
23        (g) A statement, expressed in dollars, of the amount of
24    paid-in capital of the corporation as defined in this Act.
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
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
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
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,
9    the franchise tax provided for in this Act shall be
10    computed on the basis of the entire paid-in capital.
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.
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.
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
14furnished by the Secretary of State, and the information
15therein required by paragraphs (a) through (d), both inclusive,
16of this Section, shall be given as of the date of the execution
17of the annual report and the information therein required by
18paragraphs (e), (f), and (g) of this Section shall be given as
19of the last day of the third month preceding the anniversary
20month, except that the information required by paragraphs (e),
21(f), and (g) shall, in the case of a corporation which has
22established an extended filing month, be given in its final
23transition annual report and each subsequent annual report as
24of the close of its fiscal year on or immediately preceding the
25last day of the third month prior to its extended filing month.
26The information required by paragraph (m) shall be included in



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1the corporation's annual report filed on and after January 1,
22023. It shall be executed by the corporation by its president,
3a vice-president, secretary, assistant secretary, treasurer or
4other officer duly authorized by the board of directors of the
5corporation to execute those reports, and verified by him or
6her, or, if the corporation is in the hands of a receiver or
7trustee, it shall be executed on behalf of the corporation and
8verified by the receiver or trustee.
9(Source: P.A. 100-391, eff. 8-25-17; 100-486, eff. 1-1-18;
10100-863, eff. 8-14-18; 101-589, eff. 8-27-19.)
Article 10.

12    Section 10-1. The Freedom of Information Act is amended by
13changing Section 7.5 as follows:
14    (5 ILCS 140/7.5)
15    Sec. 7.5. Statutory exemptions. To the extent provided for
16by the statutes referenced below, the following shall be exempt
17from 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



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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



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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.



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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



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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



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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;
5100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
68-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
7eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
8100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
96-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
10eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
11101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
121-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
13eff. 7-7-20.)
14    Section 10-5. The State Finance Act is amended by adding
15Section 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
19adding Section 11 as follows:
20    (820 ILCS 112/11 new)
21    Sec. 11. Equal pay registration certificate requirements;



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1    For the purposes of this Section 11 only, "business" means
2any private employer who has more than 100 employees in the
3State of Illinois, and does not include the State of Illinois
4or any political subdivision, municipal corporation, or other
5governmental unit or agency.
6    (a) A business must obtain an equal pay registration
7certificate from the Department or certify in writing that it
8is exempt.
9    (b) Any business subject to the requirements of this
10Section that is authorized to transact business in this State
11on the effective date of this amendatory Act of the 101st
12General Assembly must obtain an equal pay registration
13certificate within 3 years after the effective date of this
14amendatory Act of the 101st General Assembly and must recertify
15every 2 years thereafter. Any business subject to the
16requirements of this Section that is authorized to transact
17business in this State after the effective date of this
18amendatory Act of the 101st General Assembly must obtain an
19equal pay registration certificate within 3 years of commencing
20business operations and must recertify every 2 years
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



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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



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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



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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
16Director must issue an equal pay registration certificate, or a
17statement of why the application was rejected, within 45
18calendar days of receipt of the application. An application may
19be rejected only if it does not comply with the requirements of
20subsection (c). The receipt of an application by the
21Department, or the issuance of a registration certificate by
22the Department, shall not establish compliance of the Equal Pay
23Act of 2003 as to all Sections except Section 11. The issuance
24of a registration certificate shall not be a defense against
25any Equal Pay Act violation found by the Department, nor a
26basis for mitigation of damages.



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1    (e) Revocation of registration certificate. An equal pay
2registration certificate for a business may be suspended or
3revoked by the Director when the business fails to make a good
4faith effort to comply with the Acts identified in subparagraph
5(A) of paragraph (1) of subsection (c), fails to make a good
6faith effort to comply with this Section, or has multiple
7violations of this Section or the Acts identified in
8subparagraph (A) of paragraph (1) of subsection (c). Prior to
9suspending or revoking a registration certificate, the
10Director must first have sought to conciliate with the business
11regarding wages and benefits due to employees.
12    The Director of the Department of Labor, or his or her
13authorized representative may interview workers, administer
14oaths, take or cause to be taken the depositions of witnesses,
15and require by subpoena the attendance and testimony of
16witnesses, and the production of all books, records, and other
17evidence relative to the matter under investigation or hearing.
18Such subpoena shall be signed and issued by the Director or his
19or her authorized representative.
20    Upon request by the Director of Labor or his or her
21deputies or agents, records shall be copied and submitted for
22evidence at no cost to the Department of Labor. Every employer
23upon request shall furnish to the Director or his or her
24authorized representative, on demand, a sworn statement of the
25accuracy of the records. Any employer who refuses to furnish a
26sworn statement of the records is in violation of this Act.



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1    In case of failure of any person to comply with any
2subpoena lawfully issued under this Section or on the refusal
3of any witness to produce evidence or to testify to any matter
4regarding which he or she may be lawfully interrogated, it is
5the duty of any circuit court, upon application of the Director
6or his or her authorized representative, to compel obedience by
7proceedings for contempt, as in the case of disobedience of the
8requirements of a subpoena issued by such court or a refusal to
9testify therein. The Director may certify to official acts.
10    The Department and the Director shall not be held liable
11for good faith errors in issuing, denying, suspending or
12revoking 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



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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
11technical assistance to any business that requests assistance
12regarding this Section.
13    (i) Audit. The Director may audit the business's compliance
14with this Section. As part of an audit, upon request, a
15business must provide the Director the following information
16with respect to employees expected to perform work under the
17contract in each of the major job categories in the Employer
18Information 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



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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
11to equal pay registration certificates or otherwise provided by
12an employer in its equal pay compliance statement under
13subsection (c) are private data on individuals or nonpublic
14data with respect to persons other than Department employees.
15The Director's decision to issue, not issue, revoke, or suspend
16an equal pay registration certificate is public data.
17    (k) Penalty. The Department shall impose on any business
18that does not obtain an equal pay registration certificate as
19required under this Section, or whose equal pay registration
20certificate is suspended or revoked after a Department
21investigation, a civil penalty in an amount equal to 1% of the
22business's gross profits.
23    Falsification or misrepresentation of information on an
24application submitted to the Department shall constitute a
25violation of this Act
26    (l) Whistleblower protection. As used in this subsection,



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1"retaliatory action" means the reprimand, discharge,
2suspension, demotion, denial of promotion or transfer, or
3change in the terms and conditions of employment of any
4employee of a business that is taken in retaliation for the
5employee'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



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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.
Article 99.

22    Section 99-99. Effective date. This Act takes effect upon
23becoming law.".