Full Text of HB1166 103rd General Assembly
HB1166eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | adding Section 50-83 as follows: | 6 | | (30 ILCS 500/50-83 new) | 7 | | Sec. 50-83. Equal pay registration certificate. For | 8 | | procurements first solicited on or after January 1, 2025, a | 9 | | person who is required to obtain an equal pay registration | 10 | | certificate under Section 11 of the Equal Pay Act of 2003 may | 11 | | qualify as a bidder, offeror, or contractor under this Code if | 12 | | the person was issued an equal pay registration certificate | 13 | | from the Department of Labor during the previous 2 calendar | 14 | | years. For any bid or offer for a contract with a State agency | 15 | | by a person required to obtain an equal pay registration | 16 | | certificate under Section 11 of the Equal Pay Act of 2003, the | 17 | | chief procurement officer shall require the person to certify | 18 | | that the person holds an equal pay registration certificate | 19 | | issued during the 2 calendar years before the award. | 20 | | Section 10. The Equal Pay Act of 2003 is amended by | 21 | | changing Section 11 as follows: |
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| 1 | | (820 ILCS 112/11) | 2 | | Sec. 11. Equal pay registration certificate requirements; | 3 | | application. For the purposes of this Section 11 only, | 4 | | "business" means any private employer who has 100 or more | 5 | | employees in the State of Illinois and is required to file an | 6 | | Annual Employer Information Report EEO-1 with the Equal | 7 | | Employment Opportunity Commission, but does not include the | 8 | | State of Illinois or any political subdivision, municipal | 9 | | corporation, or other governmental unit or agency. | 10 | | (a) A business must obtain an equal pay registration | 11 | | certificate from the Department. | 12 | | (b) Any business subject to the requirements of this | 13 | | Section that is authorized to transact business in this State | 14 | | on March 23, 2021 shall submit an application to obtain an | 15 | | equal pay registration certificate, between March 24, 2022 and | 16 | | March 23, 2024, and must recertify every 2 years thereafter. | 17 | | Any business subject to the requirements of this Section that | 18 | | is authorized to transact business in this State after March | 19 | | 23, 2021 must submit an application to obtain an equal pay | 20 | | registration certificate within 3 years of commencing business | 21 | | operations, but not before January 1, 2024, and must recertify | 22 | | every 2 years thereafter. The Department shall collect contact | 23 | | information from each business subject to this Section. The | 24 | | Department shall assign each business a date by which it must | 25 | | submit an application to obtain an equal pay registration | 26 | | certificate. The business shall recertify every 2 years at a |
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| 1 | | date to be determined by the Department. When a business | 2 | | receives a notice from the Department to recertify for its | 3 | | equal pay registration certificate, if the business has fewer | 4 | | than 100 employees, the business must certify in writing to | 5 | | the Department that it is exempt from this Section. Any new | 6 | | business that is subject to this Section and authorized to | 7 | | conduct business in this State, after the effective date of | 8 | | this amendatory Act of the 102nd General Assembly, shall | 9 | | submit its contact information to the Department by January 1 | 10 | | of the following year and shall be assigned a date by which it | 11 | | must submit an application to obtain an equal pay registration | 12 | | certificate. The Department's failure to assign a business a | 13 | | registration date does not exempt the business from compliance | 14 | | with this Section. The failure of the Department to notify a | 15 | | business of its recertification deadline may be a mitigating | 16 | | factor when making a determination of a violation of this | 17 | | Section. | 18 | | (c) Application. | 19 | | (1) A business shall apply for an equal pay | 20 | | registration certificate by paying a $150 filing fee and | 21 | | submitting wage records and an equal pay compliance | 22 | | statement to the Director as follows: | 23 | | (A) Wage Records. Any business that is required to | 24 | | file an annual Employer Information Report EEO-1 with | 25 | | the Equal Employment Opportunity Commission must also | 26 | | submit to the Director a copy of the business's most |
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| 1 | | recently filed Employer Information Report EEO-1. The | 2 | | business shall also compile a list of all employees | 3 | | during the past calendar year, separated by gender and | 4 | | the race and ethnicity categories as reported in the | 5 | | business's most recently filed Employer Information | 6 | | Report EEO-1, and the county in which the employee | 7 | | works, the date the employee started working for the | 8 | | business, any other information the Department deems | 9 | | necessary to determine if pay equity exists among | 10 | | employees, and report the total wages as defined by | 11 | | Section 2 of the Illinois Wage Payment and Collection | 12 | | Act paid to each employee during the past calendar | 13 | | year, rounded to the nearest $100, to the Director. | 14 | | (B) Equal Pay Compliance Statement. The business | 15 | | must submit a statement signed by a corporate officer, | 16 | | legal counsel, or authorized agent of the business | 17 | | certifying: | 18 | | (i) that the business is in compliance with | 19 | | this Act and other relevant laws, including but | 20 | | not limited to: Title VII of the Civil Rights Act | 21 | | of 1964, the Equal Pay Act of 1963, the Illinois | 22 | | Human Rights Act, and the Equal Wage Act; | 23 | | (ii) that the average compensation for its | 24 | | female and minority employees is not consistently | 25 | | below the average compensation, as determined by | 26 | | rule by the United States Department of Labor, for |
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| 1 | | its male and non-minority employees within each of | 2 | | the major job categories in the Employer | 3 | | Information Report EEO-1 for which an employee is | 4 | | expected to perform work, taking into account | 5 | | factors such as length of service, requirements of | 6 | | specific jobs, experience, skill, effort, | 7 | | responsibility, working conditions of the job, | 8 | | education or training, job location, use of a | 9 | | collective bargaining agreement, or other | 10 | | mitigating factors; as used in this subparagraph, | 11 | | "minority" has the meaning ascribed to that term | 12 | | in paragraph (1) of subsection (A) of Section 2 of | 13 | | the Business Enterprise for Minorities, Women, and | 14 | | Persons with Disabilities Act; | 15 | | (iii) that the business does not restrict | 16 | | employees of one sex to certain job | 17 | | classifications, and makes retention and promotion | 18 | | decisions without regard to sex; | 19 | | (iv) that wage and benefit disparities are | 20 | | corrected when identified to ensure compliance | 21 | | with the Acts cited in item (i); | 22 | | (v) how often wages and benefits are | 23 | | evaluated; and | 24 | | (vi) the approach the business takes in | 25 | | determining what level of wages and benefits to | 26 | | pay its employees; acceptable approaches include, |
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| 1 | | but are not limited to, a wage and salary survey. | 2 | | (C) Filing fee. The business shall pay to the | 3 | | Department a filing fee of $150. Proceeds from the | 4 | | fees collected under this Section shall be deposited | 5 | | into the Equal Pay Registration Fund, a special fund | 6 | | created in the State treasury. Moneys in the Fund | 7 | | shall be appropriated to the Department for the | 8 | | purposes of this Section. | 9 | | (2) Receipt of the equal pay compliance application | 10 | | and statement by the Director does not establish | 11 | | compliance with the Acts set forth in item (i) of | 12 | | subparagraph (B) of paragraph (1) of this subsection (c). | 13 | | (3) A business that has employees in multiple | 14 | | locations or facilities in
Illinois shall submit a single | 15 | | application to the Department regarding all of its
| 16 | | operations in Illinois. | 17 | | (d) Issuance or rejection of registration certificate. | 18 | | After January 1, 2022, the Director must issue an equal pay | 19 | | registration certificate, or a statement of why the | 20 | | application was rejected, within 45 calendar days of receipt | 21 | | of the application. Applicants shall have the opportunity to | 22 | | cure any deficiencies in its application that led to the | 23 | | rejection, and re-submit the revised application to the | 24 | | Department within 30 calendar days of receiving a rejection. | 25 | | Applicants shall have the ability to appeal rejected | 26 | | applications. An application may be rejected only if it does |
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| 1 | | not comply with the requirements of subsection (c), or the | 2 | | business is otherwise found to be in violation of this Act. The | 3 | | receipt of an application by the Department, or the issuance | 4 | | of a registration certificate by the Department, shall not | 5 | | establish compliance with the Equal Pay Act of 2003 as to all | 6 | | Sections except Section 11. The issuance of a registration | 7 | | certificate shall not be a defense against any Equal Pay Act | 8 | | violation found by the Department, nor a basis for mitigation | 9 | | of damages. | 10 | | (e) Revocation of registration certificate. An equal pay | 11 | | registration certificate for a business may be suspended or | 12 | | revoked by the Director when the business fails to make a good | 13 | | faith effort to comply with the Acts identified in item (i) of | 14 | | subparagraph (B) of paragraph (1) of subsection (c), fails to | 15 | | make a good faith effort to comply with this Section, or has | 16 | | multiple violations of this Section or the Acts identified in | 17 | | item (i) of subparagraph (B) of paragraph (1) of subsection | 18 | | (c). Prior to suspending or revoking a registration | 19 | | certificate, the Director must first have sought to conciliate | 20 | | with the business regarding wages and benefits due to | 21 | | employees. | 22 | | Consistent with Section 25, prior to or in connection with | 23 | | the suspension or revocation of an equal pay registration | 24 | | certificate, the Director, or his or her authorized | 25 | | representative, may interview workers, administer oaths, take | 26 | | or cause to be taken the depositions of witnesses, and require |
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| 1 | | by subpoena the attendance and testimony of witnesses, and the | 2 | | production of personnel and compensation information relative | 3 | | to the matter under investigation, hearing or a | 4 | | department-initiated audit. | 5 | | Neither the Department nor the Director shall be held | 6 | | liable for good faith errors in issuing, denying, suspending | 7 | | or revoking certificates. | 8 | | (f) Administrative review. A business may obtain an | 9 | | administrative hearing in accordance with the Illinois | 10 | | Administrative Procedure Act before the suspension or | 11 | | revocation of its certificate or imposition of civil penalties | 12 | | as provided by subsection (i) is effective by filing a written | 13 | | request for hearing within 20 calendar days after service of | 14 | | notice by the Director. | 15 | | (g) Technical assistance. The Director must provide | 16 | | technical assistance to any business that requests assistance | 17 | | regarding this Section. | 18 | | (h) Access to data. | 19 | | (1) Any individually identifiable information | 20 | | submitted to the Director within or related to an equal | 21 | | pay registration application or otherwise provided by an | 22 | | employer in its equal pay compliance statement under | 23 | | subsection (c) shall be considered confidential | 24 | | information and not subject to disclosure pursuant to the | 25 | | Illinois Freedom of Information Act. As used in this | 26 | | Section, "individually identifiable information" means |
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| 1 | | data submitted pursuant to this Section that is associated | 2 | | with a specific person or business. Aggregate data or | 3 | | reports that are reasonably calculated to prevent the | 4 | | association of any data with any individual business or | 5 | | person are not confidential information. Aggregate data | 6 | | shall include the job category and the average hourly wage | 7 | | by county for each gender, race, and ethnicity category on | 8 | | the registration certificate applications. The Department | 9 | | of Labor may compile aggregate data from registration | 10 | | certificate applications. | 11 | | (2) The Director's decision to issue, not issue, | 12 | | revoke, or suspend an equal pay registration certificate | 13 | | is public information. Beginning December 31, 2024, and | 14 | | annually thereafter, the Director shall make publicly | 15 | | available a list of businesses that were issued an equal | 16 | | pay registration certificate by the Department in the | 17 | | previous 2 calendar years. | 18 | | (3) Notwithstanding this subsection (h), a current | 19 | | employee of a covered business may request anonymized data | 20 | | regarding their job classification or title and the pay | 21 | | for that classification. No individually identifiable | 22 | | information may be provided to an employee making a | 23 | | request under this paragraph. | 24 | | (4) Notwithstanding this subsection (h), the | 25 | | Department may share data and identifiable information | 26 | | with the Department of Human Rights, pursuant to its |
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| 1 | | enforcement of Article 2 of the Illinois Human Rights Act, | 2 | | or the Office of the Attorney General, pursuant to its | 3 | | enforcement of Section 10-104 of the Illinois Human Rights | 4 | | Act. | 5 | | (5) Any Department employee who willfully and | 6 | | knowingly divulges, except in accordance with a proper | 7 | | judicial order or otherwise provided by law, confidential | 8 | | information received by the Department from any business | 9 | | pursuant to this Act shall be deemed to have violated the | 10 | | State Officials and Employees Ethics Act and be subject to | 11 | | the penalties established under subsections (e) and (f) of | 12 | | Section 50-5 of that Act after investigation and | 13 | | opportunity for hearing before the Executive Ethics | 14 | | Commission in accordance with Section 20-50 of that Act. | 15 | | (i) Penalty. Falsification or misrepresentation of | 16 | | information on an application submitted to the Department | 17 | | shall constitute a violation of this Act and the Department | 18 | | may seek to suspend or revoke an equal pay registration | 19 | | certificate or impose civil penalties as provided under | 20 | | subsection (c) of Section 30.
| 21 | | (Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; | 22 | | 102-705, eff. 4-22-22.)
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