Rep. Daniel Didech

Filed: 3/6/2023





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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. For any bid or offer for a contract with a State agency
15by a person required to obtain an equal pay registration
16certificate under Section 11 of the Equal Pay Act of 2003, the



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1chief procurement officer shall require the person to certify
2that the person holds an equal pay registration certificate
3issued during the 2 calendar years before the award.
4    Section 10. The Equal Pay Act of 2003 is amended by
5changing Section 11 as follows:
6    (820 ILCS 112/11)
7    Sec. 11. Equal pay registration certificate requirements;
8application. For the purposes of this Section 11 only,
9"business" means any private employer who has 100 or more
10employees in the State of Illinois and is required to file an
11Annual Employer Information Report EEO-1 with the Equal
12Employment Opportunity Commission, but does not include the
13State of Illinois or any political subdivision, municipal
14corporation, or other governmental unit or agency.
15    (a) A business must obtain an equal pay registration
16certificate from the Department.
17    (b) Any business subject to the requirements of this
18Section that is authorized to transact business in this State
19on March 23, 2021 shall submit an application to obtain an
20equal pay registration certificate, between March 24, 2022 and
21March 23, 2024, and must recertify every 2 years thereafter.
22Any business subject to the requirements of this Section that
23is authorized to transact business in this State after March
2423, 2021 must submit an application to obtain an equal pay



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



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



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



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



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



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



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



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



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1subsection (c) of Section 30.
2(Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21;
3102-705, eff. 4-22-22.)".