Illinois 2023-2024 Regular Session

Illinois House Bill HB1166 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	HB1166 Engrossed LRB103 04629 HLH 49637 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1166 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 30 ILCS 500/50-83 new Amends the Illinois Procurement Code. Provides that each bid or offer submitted on or after the effective date shall include a copy of the bidder's, offeror's, vendor's, or contractor's valid equal pay registration certificate if the bidder, offeror, vendor, or contractor is required to obtain an equal pay registration certificate. LRB103 04629 HLH 49637 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1166 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 30 ILCS 500/50-83 new 30 ILCS 500/50-83 new Amends the Illinois Procurement Code. Provides that each bid or offer submitted on or after the effective date shall include a copy of the bidder's, offeror's, vendor's, or contractor's valid equal pay registration certificate if the bidder, offeror, vendor, or contractor is required to obtain an equal pay registration certificate. LRB103 04629 HLH 49637 b LRB103 04629 HLH 49637 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1166 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
	3	+	30 ILCS 500/50-83 new 30 ILCS 500/50-83 new
	4	+	30 ILCS 500/50-83 new
	5	+	Amends the Illinois Procurement Code. Provides that each bid or offer submitted on or after the effective date shall include a copy of the bidder's, offeror's, vendor's, or contractor's valid equal pay registration certificate if the bidder, offeror, vendor, or contractor is required to obtain an equal pay registration certificate.
	6	+	LRB103 04629 HLH 49637 b LRB103 04629 HLH 49637 b
	7	+	LRB103 04629 HLH 49637 b
	8	+	A BILL FOR
	9	+	HB1166LRB103 04629 HLH 49637 b HB1166 LRB103 04629 HLH 49637 b
	10	+	HB1166 LRB103 04629 HLH 49637 b
3	11		1 AN ACT concerning finance.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Illinois Procurement Code is amended by
7	15		5 adding Section 50-83 as follows:
8	16		6 (30 ILCS 500/50-83 new)
9		-	7 Sec. 50-83. Equal pay registration certificate. For
10		-	8 procurements first solicited on or after January 1, 2025, a
11		-	9 person who is required to obtain an equal pay registration
12		-	10 certificate under Section 11 of the Equal Pay Act of 2003 may
13		-	11 qualify as a bidder, offeror, or contractor under this Code if
14		-	12 the person was issued an equal pay registration certificate
15		-	13 from the Department of Labor during the previous 2 calendar
16		-	14 years. For any bid or offer for a contract with a State agency
17		-	15 by a person required to obtain an equal pay registration
18		-	16 certificate under Section 11 of the Equal Pay Act of 2003, the
19		-	17 chief procurement officer shall require the person to certify
20		-	18 that the person holds an equal pay registration certificate
21		-	19 issued during the 2 calendar years before the award.
22		-	20 Section 10. The Equal Pay Act of 2003 is amended by
23		-	21 changing Section 11 as follows:
	17	+	7 Sec. 50-83. Equal pay registration certificate. Each bid
	18	+	8 or offer submitted on or after the effective date of this
	19	+	9 amendatory Act of the 103rd General Assembly by a responsive
	20	+	10 bidder, offeror, vendor, or contractor shall include a copy of
	21	+	11 that bidder's, offeror's, vendor's, or contractor's valid
	22	+	12 equal pay registration certificate if the bidder, offeror,
	23	+	13 vendor, or contractor is required to obtain an equal pay
	24	+	14 registration certificate pursuant to Section 11 of the Equal
	25	+	15 Pay Act of 2003.
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32		-	1 (820 ILCS 112/11)
33		-	2 Sec. 11. Equal pay registration certificate requirements;
34		-	3 application. For the purposes of this Section 11 only,
35		-	4 "business" means any private employer who has 100 or more
36		-	5 employees in the State of Illinois and is required to file an
37		-	6 Annual Employer Information Report EEO-1 with the Equal
38		-	7 Employment Opportunity Commission, but does not include the
39		-	8 State of Illinois or any political subdivision, municipal
40		-	9 corporation, or other governmental unit or agency.
41		-	10 (a) A business must obtain an equal pay registration
42		-	11 certificate from the Department.
43		-	12 (b) Any business subject to the requirements of this
44		-	13 Section that is authorized to transact business in this State
45		-	14 on March 23, 2021 shall submit an application to obtain an
46		-	15 equal pay registration certificate, between March 24, 2022 and
47		-	16 March 23, 2024, and must recertify every 2 years thereafter.
48		-	17 Any business subject to the requirements of this Section that
49		-	18 is authorized to transact business in this State after March
50		-	19 23, 2021 must submit an application to obtain an equal pay
51		-	20 registration certificate within 3 years of commencing business
52		-	21 operations, but not before January 1, 2024, and must recertify
53		-	22 every 2 years thereafter. The Department shall collect contact
54		-	23 information from each business subject to this Section. The
55		-	24 Department shall assign each business a date by which it must
56		-	25 submit an application to obtain an equal pay registration
57		-	26 certificate. The business shall recertify every 2 years at a
	29	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1166 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
	30	+	30 ILCS 500/50-83 new 30 ILCS 500/50-83 new
	31	+	30 ILCS 500/50-83 new
	32	+	Amends the Illinois Procurement Code. Provides that each bid or offer submitted on or after the effective date shall include a copy of the bidder's, offeror's, vendor's, or contractor's valid equal pay registration certificate if the bidder, offeror, vendor, or contractor is required to obtain an equal pay registration certificate.
	33	+	LRB103 04629 HLH 49637 b LRB103 04629 HLH 49637 b
	34	+	LRB103 04629 HLH 49637 b
	35	+	A BILL FOR
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	41	+	30 ILCS 500/50-83 new
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68		-	1 date to be determined by the Department. When a business
69		-	2 receives a notice from the Department to recertify for its
70		-	3 equal pay registration certificate, if the business has fewer
71		-	4 than 100 employees, the business must certify in writing to
72		-	5 the Department that it is exempt from this Section. Any new
73		-	6 business that is subject to this Section and authorized to
74		-	7 conduct business in this State, after the effective date of
75		-	8 this amendatory Act of the 102nd General Assembly, shall
76		-	9 submit its contact information to the Department by January 1
77		-	10 of the following year and shall be assigned a date by which it
78		-	11 must submit an application to obtain an equal pay registration
79		-	12 certificate. The Department's failure to assign a business a
80		-	13 registration date does not exempt the business from compliance
81		-	14 with this Section. The failure of the Department to notify a
82		-	15 business of its recertification deadline may be a mitigating
83		-	16 factor when making a determination of a violation of this
84		-	17 Section.
85		-	18 (c) Application.
86		-	19 (1) A business shall apply for an equal pay
87		-	20 registration certificate by paying a $150 filing fee and
88		-	21 submitting wage records and an equal pay compliance
89		-	22 statement to the Director as follows:
90		-	23 (A) Wage Records. Any business that is required to
91		-	24 file an annual Employer Information Report EEO-1 with
92		-	25 the Equal Employment Opportunity Commission must also
93		-	26 submit to the Director a copy of the business's most
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104		-	1 recently filed Employer Information Report EEO-1. The
105		-	2 business shall also compile a list of all employees
106		-	3 during the past calendar year, separated by gender and
107		-	4 the race and ethnicity categories as reported in the
108		-	5 business's most recently filed Employer Information
109		-	6 Report EEO-1, and the county in which the employee
110		-	7 works, the date the employee started working for the
111		-	8 business, any other information the Department deems
112		-	9 necessary to determine if pay equity exists among
113		-	10 employees, and report the total wages as defined by
114		-	11 Section 2 of the Illinois Wage Payment and Collection
115		-	12 Act paid to each employee during the past calendar
116		-	13 year, rounded to the nearest $100, to the Director.
117		-	14 (B) Equal Pay Compliance Statement. The business
118		-	15 must submit a statement signed by a corporate officer,
119		-	16 legal counsel, or authorized agent of the business
120		-	17 certifying:
121		-	18 (i) that the business is in compliance with
122		-	19 this Act and other relevant laws, including but
123		-	20 not limited to: Title VII of the Civil Rights Act
124		-	21 of 1964, the Equal Pay Act of 1963, the Illinois
125		-	22 Human Rights Act, and the Equal Wage Act;
126		-	23 (ii) that the average compensation for its
127		-	24 female and minority employees is not consistently
128		-	25 below the average compensation, as determined by
129		-	26 rule by the United States Department of Labor, for
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140		-	1 its male and non-minority employees within each of
141		-	2 the major job categories in the Employer
142		-	3 Information Report EEO-1 for which an employee is
143		-	4 expected to perform work, taking into account
144		-	5 factors such as length of service, requirements of
145		-	6 specific jobs, experience, skill, effort,
146		-	7 responsibility, working conditions of the job,
147		-	8 education or training, job location, use of a
148		-	9 collective bargaining agreement, or other
149		-	10 mitigating factors; as used in this subparagraph,
150		-	11 "minority" has the meaning ascribed to that term
151		-	12 in paragraph (1) of subsection (A) of Section 2 of
152		-	13 the Business Enterprise for Minorities, Women, and
153		-	14 Persons with Disabilities Act;
154		-	15 (iii) that the business does not restrict
155		-	16 employees of one sex to certain job
156		-	17 classifications, and makes retention and promotion
157		-	18 decisions without regard to sex;
158		-	19 (iv) that wage and benefit disparities are
159		-	20 corrected when identified to ensure compliance
160		-	21 with the Acts cited in item (i);
161		-	22 (v) how often wages and benefits are
162		-	23 evaluated; and
163		-	24 (vi) the approach the business takes in
164		-	25 determining what level of wages and benefits to
165		-	26 pay its employees; acceptable approaches include,
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176		-	1 but are not limited to, a wage and salary survey.
177		-	2 (C) Filing fee. The business shall pay to the
178		-	3 Department a filing fee of $150. Proceeds from the
179		-	4 fees collected under this Section shall be deposited
180		-	5 into the Equal Pay Registration Fund, a special fund
181		-	6 created in the State treasury. Moneys in the Fund
182		-	7 shall be appropriated to the Department for the
183		-	8 purposes of this Section.
184		-	9 (2) Receipt of the equal pay compliance application
185		-	10 and statement by the Director does not establish
186		-	11 compliance with the Acts set forth in item (i) of
187		-	12 subparagraph (B) of paragraph (1) of this subsection (c).
188		-	13 (3) A business that has employees in multiple
189		-	14 locations or facilities in Illinois shall submit a single
190		-	15 application to the Department regarding all of its
191		-	16 operations in Illinois.
192		-	17 (d) Issuance or rejection of registration certificate.
193		-	18 After January 1, 2022, the Director must issue an equal pay
194		-	19 registration certificate, or a statement of why the
195		-	20 application was rejected, within 45 calendar days of receipt
196		-	21 of the application. Applicants shall have the opportunity to
197		-	22 cure any deficiencies in its application that led to the
198		-	23 rejection, and re-submit the revised application to the
199		-	24 Department within 30 calendar days of receiving a rejection.
200		-	25 Applicants shall have the ability to appeal rejected
201		-	26 applications. An application may be rejected only if it does
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212		-	1 not comply with the requirements of subsection (c), or the
213		-	2 business is otherwise found to be in violation of this Act. The
214		-	3 receipt of an application by the Department, or the issuance
215		-	4 of a registration certificate by the Department, shall not
216		-	5 establish compliance with the Equal Pay Act of 2003 as to all
217		-	6 Sections except Section 11. The issuance of a registration
218		-	7 certificate shall not be a defense against any Equal Pay Act
219		-	8 violation found by the Department, nor a basis for mitigation
220		-	9 of damages.
221		-	10 (e) Revocation of registration certificate. An equal pay
222		-	11 registration certificate for a business may be suspended or
223		-	12 revoked by the Director when the business fails to make a good
224		-	13 faith effort to comply with the Acts identified in item (i) of
225		-	14 subparagraph (B) of paragraph (1) of subsection (c), fails to
226		-	15 make a good faith effort to comply with this Section, or has
227		-	16 multiple violations of this Section or the Acts identified in
228		-	17 item (i) of subparagraph (B) of paragraph (1) of subsection
229		-	18 (c). Prior to suspending or revoking a registration
230		-	19 certificate, the Director must first have sought to conciliate
231		-	20 with the business regarding wages and benefits due to
232		-	21 employees.
233		-	22 Consistent with Section 25, prior to or in connection with
234		-	23 the suspension or revocation of an equal pay registration
235		-	24 certificate, the Director, or his or her authorized
236		-	25 representative, may interview workers, administer oaths, take
237		-	26 or cause to be taken the depositions of witnesses, and require
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248		-	1 by subpoena the attendance and testimony of witnesses, and the
249		-	2 production of personnel and compensation information relative
250		-	3 to the matter under investigation, hearing or a
251		-	4 department-initiated audit.
252		-	5 Neither the Department nor the Director shall be held
253		-	6 liable for good faith errors in issuing, denying, suspending
254		-	7 or revoking certificates.
255		-	8 (f) Administrative review. A business may obtain an
256		-	9 administrative hearing in accordance with the Illinois
257		-	10 Administrative Procedure Act before the suspension or
258		-	11 revocation of its certificate or imposition of civil penalties
259		-	12 as provided by subsection (i) is effective by filing a written
260		-	13 request for hearing within 20 calendar days after service of
261		-	14 notice by the Director.
262		-	15 (g) Technical assistance. The Director must provide
263		-	16 technical assistance to any business that requests assistance
264		-	17 regarding this Section.
265		-	18 (h) Access to data.
266		-	19 (1) Any individually identifiable information
267		-	20 submitted to the Director within or related to an equal
268		-	21 pay registration application or otherwise provided by an
269		-	22 employer in its equal pay compliance statement under
270		-	23 subsection (c) shall be considered confidential
271		-	24 information and not subject to disclosure pursuant to the
272		-	25 Illinois Freedom of Information Act. As used in this
273		-	26 Section, "individually identifiable information" means
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284		-	1 data submitted pursuant to this Section that is associated
285		-	2 with a specific person or business. Aggregate data or
286		-	3 reports that are reasonably calculated to prevent the
287		-	4 association of any data with any individual business or
288		-	5 person are not confidential information. Aggregate data
289		-	6 shall include the job category and the average hourly wage
290		-	7 by county for each gender, race, and ethnicity category on
291		-	8 the registration certificate applications. The Department
292		-	9 of Labor may compile aggregate data from registration
293		-	10 certificate applications.
294		-	11 (2) The Director's decision to issue, not issue,
295		-	12 revoke, or suspend an equal pay registration certificate
296		-	13 is public information. Beginning December 31, 2024, and
297		-	14 annually thereafter, the Director shall make publicly
298		-	15 available a list of businesses that were issued an equal
299		-	16 pay registration certificate by the Department in the
300		-	17 previous 2 calendar years.
301		-	18 (3) Notwithstanding this subsection (h), a current
302		-	19 employee of a covered business may request anonymized data
303		-	20 regarding their job classification or title and the pay
304		-	21 for that classification. No individually identifiable
305		-	22 information may be provided to an employee making a
306		-	23 request under this paragraph.
307		-	24 (4) Notwithstanding this subsection (h), the
308		-	25 Department may share data and identifiable information
309		-	26 with the Department of Human Rights, pursuant to its
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320		-	1 enforcement of Article 2 of the Illinois Human Rights Act,
321		-	2 or the Office of the Attorney General, pursuant to its
322		-	3 enforcement of Section 10-104 of the Illinois Human Rights
323		-	4 Act.
324		-	5 (5) Any Department employee who willfully and
325		-	6 knowingly divulges, except in accordance with a proper
326		-	7 judicial order or otherwise provided by law, confidential
327		-	8 information received by the Department from any business
328		-	9 pursuant to this Act shall be deemed to have violated the
329		-	10 State Officials and Employees Ethics Act and be subject to
330		-	11 the penalties established under subsections (e) and (f) of
331		-	12 Section 50-5 of that Act after investigation and
332		-	13 opportunity for hearing before the Executive Ethics
333		-	14 Commission in accordance with Section 20-50 of that Act.
334		-	15 (i) Penalty. Falsification or misrepresentation of
335		-	16 information on an application submitted to the Department
336		-	17 shall constitute a violation of this Act and the Department
337		-	18 may seek to suspend or revoke an equal pay registration
338		-	19 certificate or impose civil penalties as provided under
339		-	20 subsection (c) of Section 30.
340		-	21 (Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21;
341		-	22 102-705, eff. 4-22-22.)
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