Rep. Daniel Didech

Filed: 3/1/2023





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2    AMENDMENT NO. ______. Amend House Bill 1166 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Procurement Code is amended by
5adding Section 50-83 as follows:
6    (30 ILCS 500/50-83 new)
7    Sec. 50-83. Equal pay registration certificate. For
8procurements first solicited on or after January 1, 2025, a
9person who is required to obtain an equal pay registration
10certificate under Section 11 of the Equal Pay Act of 2003 may
11qualify as a bidder, offeror, or contractor under this Code if
12the person was issued an equal pay registration certificate
13from the Department of Labor during the previous 2 calendar
14years and includes a copy of the certificate with the bid or
15offer. For any bid or offer for a contract with a State agency
16by a person required to obtain an equal pay registration



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1certificate under Section 11 of the Equal Pay Act of 2003, the
2chief procurement officer shall verify that the person holds
3an equal pay registration certificate issued during the
4previous 2 calendar years.
5    Section 10. The Equal Pay Act of 2003 is amended by
6changing Section 11 as follows:
7    (820 ILCS 112/11)
8    Sec. 11. Equal pay registration certificate requirements;
9application. For the purposes of this Section 11 only,
10"business" means any private employer who has 100 or more
11employees in the State of Illinois and is required to file an
12Annual Employer Information Report EEO-1 with the Equal
13Employment Opportunity Commission, but does not include the
14State of Illinois or any political subdivision, municipal
15corporation, or other governmental unit or agency.
16    (a) A business must obtain an equal pay registration
17certificate from the Department.
18    (b) Any business subject to the requirements of this
19Section that is authorized to transact business in this State
20on March 23, 2021 shall submit an application to obtain an
21equal pay registration certificate, between March 24, 2022 and
22March 23, 2024, and must recertify every 2 years thereafter.
23Any business subject to the requirements of this Section that
24is authorized to transact business in this State after March



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123, 2021 must submit an application to obtain an equal pay
2registration certificate within 3 years of commencing business
3operations, but not before January 1, 2024, and must recertify
4every 2 years thereafter. The Department shall collect contact
5information from each business subject to this Section. The
6Department shall assign each business a date by which it must
7submit an application to obtain an equal pay registration
8certificate. The business shall recertify every 2 years at a
9date to be determined by the Department. When a business
10receives a notice from the Department to recertify for its
11equal pay registration certificate, if the business has fewer
12than 100 employees, the business must certify in writing to
13the Department that it is exempt from this Section. Any new
14business that is subject to this Section and authorized to
15conduct business in this State, after the effective date of
16this amendatory Act of the 102nd General Assembly, shall
17submit its contact information to the Department by January 1
18of the following year and shall be assigned a date by which it
19must submit an application to obtain an equal pay registration
20certificate. The Department's failure to assign a business a
21registration date does not exempt the business from compliance
22with this Section. The failure of the Department to notify a
23business of its recertification deadline may be a mitigating
24factor when making a determination of a violation of this
26    (c) Application.



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1        (1) A business shall apply for an equal pay
2    registration certificate by paying a $150 filing fee and
3    submitting wage records and an equal pay compliance
4    statement to the Director as follows:
5            (A) Wage Records. Any business that is required to
6        file an annual Employer Information Report EEO-1 with
7        the Equal Employment Opportunity Commission must also
8        submit to the Director a copy of the business's most
9        recently filed Employer Information Report EEO-1. The
10        business shall also compile a list of all employees
11        during the past calendar year, separated by gender and
12        the race and ethnicity categories as reported in the
13        business's most recently filed Employer Information
14        Report EEO-1, and the county in which the employee
15        works, the date the employee started working for the
16        business, any other information the Department deems
17        necessary to determine if pay equity exists among
18        employees, and report the total wages as defined by
19        Section 2 of the Illinois Wage Payment and Collection
20        Act paid to each employee during the past calendar
21        year, rounded to the nearest $100, to the Director.
22            (B) Equal Pay Compliance Statement. The business
23        must submit a statement signed by a corporate officer,
24        legal counsel, or authorized agent of the business
25        certifying:
26                (i) that the business is in compliance with



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1            this Act and other relevant laws, including but
2            not limited to: Title VII of the Civil Rights Act
3            of 1964, the Equal Pay Act of 1963, the Illinois
4            Human Rights Act, and the Equal Wage Act;
5                (ii) that the average compensation for its
6            female and minority employees is not consistently
7            below the average compensation, as determined by
8            rule by the United States Department of Labor, for
9            its male and non-minority employees within each of
10            the major job categories in the Employer
11            Information Report EEO-1 for which an employee is
12            expected to perform work, taking into account
13            factors such as length of service, requirements of
14            specific jobs, experience, skill, effort,
15            responsibility, working conditions of the job,
16            education or training, job location, use of a
17            collective bargaining agreement, or other
18            mitigating factors; as used in this subparagraph,
19            "minority" has the meaning ascribed to that term
20            in paragraph (1) of subsection (A) of Section 2 of
21            the Business Enterprise for Minorities, Women, and
22            Persons with Disabilities Act;
23                (iii) that the business does not restrict
24            employees of one sex to certain job
25            classifications, and makes retention and promotion
26            decisions without regard to sex;



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1                (iv) that wage and benefit disparities are
2            corrected when identified to ensure compliance
3            with the Acts cited in item (i);
4                (v) how often wages and benefits are
5            evaluated; and
6                (vi) the approach the business takes in
7            determining what level of wages and benefits to
8            pay its employees; acceptable approaches include,
9            but are not limited to, a wage and salary survey.
10            (C) Filing fee. The business shall pay to the
11        Department a filing fee of $150. Proceeds from the
12        fees collected under this Section shall be deposited
13        into the Equal Pay Registration Fund, a special fund
14        created in the State treasury. Moneys in the Fund
15        shall be appropriated to the Department for the
16        purposes of this Section.
17        (2) Receipt of the equal pay compliance application
18    and statement by the Director does not establish
19    compliance with the Acts set forth in item (i) of
20    subparagraph (B) of paragraph (1) of this subsection (c).
21        (3) A business that has employees in multiple
22    locations or facilities in Illinois shall submit a single
23    application to the Department regarding all of its
24    operations in Illinois.
25    (d) Issuance or rejection of registration certificate.
26After January 1, 2022, the Director must issue an equal pay



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1registration certificate, or a statement of why the
2application was rejected, within 45 calendar days of receipt
3of the application. Applicants shall have the opportunity to
4cure any deficiencies in its application that led to the
5rejection, and re-submit the revised application to the
6Department within 30 calendar days of receiving a rejection.
7Applicants shall have the ability to appeal rejected
8applications. An application may be rejected only if it does
9not comply with the requirements of subsection (c), or the
10business is otherwise found to be in violation of this Act. The
11receipt of an application by the Department, or the issuance
12of a registration certificate by the Department, shall not
13establish compliance with the Equal Pay Act of 2003 as to all
14Sections except Section 11. The issuance of a registration
15certificate shall not be a defense against any Equal Pay Act
16violation found by the Department, nor a basis for mitigation
17of damages.
18    (e) Revocation of registration certificate. An equal pay
19registration certificate for a business may be suspended or
20revoked by the Director when the business fails to make a good
21faith effort to comply with the Acts identified in item (i) of
22subparagraph (B) of paragraph (1) of subsection (c), fails to
23make a good faith effort to comply with this Section, or has
24multiple violations of this Section or the Acts identified in
25item (i) of subparagraph (B) of paragraph (1) of subsection
26(c). Prior to suspending or revoking a registration



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1certificate, the Director must first have sought to conciliate
2with the business regarding wages and benefits due to
4    Consistent with Section 25, prior to or in connection with
5the suspension or revocation of an equal pay registration
6certificate, the Director, or his or her authorized
7representative, may interview workers, administer oaths, take
8or cause to be taken the depositions of witnesses, and require
9by subpoena the attendance and testimony of witnesses, and the
10production of personnel and compensation information relative
11to the matter under investigation, hearing or a
12department-initiated audit.
13    Neither the Department nor the Director shall be held
14liable for good faith errors in issuing, denying, suspending
15or revoking certificates.
16    (f) Administrative review. A business may obtain an
17administrative hearing in accordance with the Illinois
18Administrative Procedure Act before the suspension or
19revocation of its certificate or imposition of civil penalties
20as provided by subsection (i) is effective by filing a written
21request for hearing within 20 calendar days after service of
22notice by the Director.
23    (g) Technical assistance. The Director must provide
24technical assistance to any business that requests assistance
25regarding this Section.
26    (h) Access to data.



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1        (1) Any individually identifiable information
2    submitted to the Director within or related to an equal
3    pay registration application or otherwise provided by an
4    employer in its equal pay compliance statement under
5    subsection (c) shall be considered confidential
6    information and not subject to disclosure pursuant to the
7    Illinois Freedom of Information Act. As used in this
8    Section, "individually identifiable information" means
9    data submitted pursuant to this Section that is associated
10    with a specific person or business. Aggregate data or
11    reports that are reasonably calculated to prevent the
12    association of any data with any individual business or
13    person are not confidential information. Aggregate data
14    shall include the job category and the average hourly wage
15    by county for each gender, race, and ethnicity category on
16    the registration certificate applications. The Department
17    of Labor may compile aggregate data from registration
18    certificate applications.
19        (2) The Director's decision to issue, not issue,
20    revoke, or suspend an equal pay registration certificate
21    is public information. Beginning December 31, 2024, and
22    annually thereafter, the Director shall make publicly
23    available a list of businesses that were issued an equal
24    pay registration certificate by the Department in the
25    previous 2 calendar years.
26        (3) Notwithstanding this subsection (h), a current



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1    employee of a covered business may request anonymized data
2    regarding their job classification or title and the pay
3    for that classification. No individually identifiable
4    information may be provided to an employee making a
5    request under this paragraph.
6        (4) Notwithstanding this subsection (h), the
7    Department may share data and identifiable information
8    with the Department of Human Rights, pursuant to its
9    enforcement of Article 2 of the Illinois Human Rights Act,
10    or the Office of the Attorney General, pursuant to its
11    enforcement of Section 10-104 of the Illinois Human Rights
12    Act.
13        (5) Any Department employee who willfully and
14    knowingly divulges, except in accordance with a proper
15    judicial order or otherwise provided by law, confidential
16    information received by the Department from any business
17    pursuant to this Act shall be deemed to have violated the
18    State Officials and Employees Ethics Act and be subject to
19    the penalties established under subsections (e) and (f) of
20    Section 50-5 of that Act after investigation and
21    opportunity for hearing before the Executive Ethics
22    Commission in accordance with Section 20-50 of that Act.
23    (i) Penalty. Falsification or misrepresentation of
24information on an application submitted to the Department
25shall constitute a violation of this Act and the Department
26may seek to suspend or revoke an equal pay registration



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1certificate or impose civil penalties as provided under
2subsection (c) of Section 30.
3(Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21;
4102-705, eff. 4-22-22.)".