Bill Text: IL HB3539 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Procurement Code. Requires bidders to obtain an equal pay certificate before a purchasing agency may issue a contract to the bidder. Provides for the Department of Employment Security to issue the certificates. Specifies information to be included in an application for an equal pay certificate. Requires bidders to comply with the Equal Pay Act of 2003, Equal Wage Act, Illinois Human Rights Act, and Title VII of the Civil Rights Act of 1964. Amends the State Finance Act to create the Equal Pay Certificate Fund. Provides for moneys in the Fund to be used to administer the equal pay certificate requirements.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced) 2017-04-07 - Held on Calendar Order of Second Reading - Standard Debate [HB3539 Detail]

Download: Illinois-2017-HB3539-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3539

Introduced , by Rep. Michael Halpin

SYNOPSIS AS INTRODUCED:
30 ILCS 500/Art. 47 heading new
30 ILCS 500/47-5 new
30 ILCS 500/47-10 new
30 ILCS 500/47-15 new
30 ILCS 500/47-20 new
30 ILCS 500/47-25 new
30 ILCS 500/47-30 new
30 ILCS 500/47-35 new
30 ILCS 500/47-40 new
30 ILCS 500/47-45 new
30 ILCS 500/47-50 new
30 ILCS 105/5.878 new

Amends the Illinois Procurement Code. Requires bidders to obtain an equal pay certificate before a purchasing agency may issue a contract to the bidder. Provides for the Department of Employment Security to issue the certificates. Specifies information to be included in an application for an equal pay certificate. Requires bidders to comply with the Equal Pay Act of 2003, Equal Wage Act, Illinois Human Rights Act, and Title VII of the Civil Rights Act of 1964. Amends the State Finance Act to create the Equal Pay Certificate Fund. Provides for moneys in the Fund to be used to administer the equal pay certificate requirements.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning finance.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Procurement Code is amended by
5adding Article 47 as follows:
6 (30 ILCS 500/Art. 47 heading new)
7
ARTICLE 47
8
EQUAL PAY CERTIFICATES
9 (30 ILCS 500/47-5 new)
10 Sec. 47-5. Scope of Article.
11 (a) No contract to which this Act applies shall be executed
12with a bidder unless the bidder has an equal pay certificate or
13it has certified in writing that it is exempt.
14 (b) A certificate is valid for 4 years.
15 (30 ILCS 500/47-10 new)
16 Sec. 47-10. Application for equal pay certificate.
17 (a) A bidder shall apply for an equal pay certificate by
18paying a $150 filing fee and submitting an equal pay compliance
19statement to the Department of Employment Security. The
20proceeds from the fees collected under this Article shall be
21deposited into the Equal Pay Certificate Fund, a special fund

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1created in the State Treasury. Money in the Fund shall be
2appropriated to the Department of Employment Security for the
3purposes of this Article. The Department of Employment Security
4shall issue an equal pay certificate of compliance to a
5business that submits to the Department of Employment Security
6a statement signed by the chairperson of the board or chief
7executive officer of the business:
8 (1) that the business is in compliance with Title VII
9 of the Civil Rights Act of 1964, the Equal Pay Act of 2003,
10 the Equal Wage Act, and the Illinois Human Rights Act;
11 (2) that the average compensation for its female
12 employees is not consistently below the average
13 compensation for its male employees within each of the
14 major job categories in the EEO-1 employee information
15 report for which an employee is expected to perform work
16 under the contract, taking into account factors such as
17 length of service, requirements of specific jobs,
18 experience, skill, effort, responsibility, working
19 conditions of the job, or other mitigating factors;
20 (3) that the business does not restrict employees of
21 one sex to certain job classifications and makes retention
22 and promotion decisions without regard to sex;
23 (4) that wage and benefit disparities are corrected
24 when identified to ensure compliance with the laws cited in
25 item (1) and with item (2); and
26 (5) how often wages and benefits are evaluated to

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1 ensure compliance with the laws cited in item (1) and with
2 item (2).
3 (b) The equal pay compliance statement shall also indicate
4whether the business, in setting compensation and benefits,
5utilizes:
6 (1) a market pricing approach;
7 (2) state prevailing wage or union contract
8 requirements;
9 (3) a performance pay system;
10 (4) an internal analysis; or
11 (5) an alternative approach to determine what level of
12 wages and benefits to pay its employees.
13 If the business uses an alternative approach, the business
14must provide a description of its approach.
15 (c) Receipt of the equal pay compliance statement by the
16Department of Employment Security does not establish
17compliance with the laws identified in item (1) of subsection
18(a).
19 (30 ILCS 500/47-15 new)
20 Sec. 47-15. Issuance or rejection or certificate. The
21Department of Employment Security must issue an equal pay
22certificate, or a statement of why the application was
23rejected, within 15 days after receipt of the application. An
24application may be rejected only if it does not comply with the
25requirements of Section 47-10.

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1 (30 ILCS 500/47-20 new)
2 Sec. 47-20. Revocation of certificate. An equal pay
3certificate for a business may be suspended or revoked by the
4Department of Employment Security when the business fails to
5make a good-faith effort to comply with the laws identified in
6item (1) of subsection (a) of Section 47-10, fails to make a
7good-faith effort to comply with this Article, or has multiple
8violations of this Article or the laws identified in item (1)
9of subsection (a) of Section 47-10. Prior to suspending or
10revoking a certificate, the Department of Employment Security
11must first have sought to conciliate with the business
12regarding wages and benefits due to employees.
13 (30 ILCS 500/47-25 new)
14 Sec. 47-25. Revocation of contract.
15 (a) If a contract is awarded to a business that does not
16have an equal pay certificate as required under Section 47-5,
17or that is not in compliance with subsection (a) of Section
1847-10, the Department of Employment Security may void the
19contract on behalf of the State. The purchasing agency that is
20a party to the agreement must be notified by the Department of
21Employment Security prior to the Department of Employment
22Security taking action to void the contract.
23 (b) A contract subject to this Article may be abridged or
24terminated upon notice that the Department of Employment

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1Security has suspended or revoked the certificate of the
2business.
3 (30 ILCS 500/47-30 new)
4 Sec. 47-30. Administrative review.
5 (a) A business may obtain an administrative hearing before
6the suspension or revocation of its certificate is effective
7pursuant to the Illinois Administrative Procedure Act.
8 (b) A business may obtain an administrative hearing before
9the abridgement or termination of a contract is effective
10pursuant to the Illinois Administrative Procedure Act.
11 (30 ILCS 500/47-35 new)
12 Sec. 47-35. Technical assistance. The Department of
13Employment Security must provide technical assistance to any
14business that requests assistance regarding this Article.
15 (30 ILCS 500/47-40 new)
16 Sec. 47-40. Audit. The Department of Employment Security
17may audit the business's compliance with this Article. As part
18of an audit, upon request, a business must provide the
19Department of Employment Security the following information
20with respect to employees expected to perform work under the
21contract in each of the major job categories in the EEO-1
22employee information report:
23 (1) number of male employees;

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1 (2) number of female employees;
2 (3) average annualized salaries paid to male employees
3 and to female employees, in the manner most consistent with
4 the employer's compensation system, within each major job
5 category;
6 (4) information on performance payments, benefits, or
7 other elements of compensation, in the manner most
8 consistent with the employer's compensation system, if
9 requested by the Department of Employment Security as part
10 of a determination as to whether these elements of
11 compensation are different for male and female employees;
12 (5) average length of service for male and female
13 employees in each major job category; and
14 (6) other information identified by the business or by
15 the Department of Employment Security, as needed, to
16 determine compliance with items specified in subsection
17 (a) of Section 47-10.
18 (30 ILCS 500/47-45 new)
19 Sec. 47-45. Access to data. Data submitted to the
20Department of Employment Security related to equal pay
21certificates are private data on individuals or nonpublic data
22with respect to persons other than Department employees. The
23Department's decision to issue, not issue, revoke, or suspend
24an equal pay certificate is public data.

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1 (30 ILCS 500/47-50 new)
2 Sec. 47-50. Report. The Department of Employment Security
3shall report to the Governor and the General Assembly by
4January 31 of every odd-numbered year, beginning January 31,
52019. The report shall indicate the number of equal pay
6certificates issued, the number of audits conducted, the
7processes used by contractors to ensure compliance with
8subsection (a) of Section 47-10, and a summary of its auditing
9efforts.
10 Section 10. The State Finance Act is amended by adding
11Section 5.878 as follows:
12 (30 ILCS 105/5.878 new)
13 Sec. 5.878. The Equal Pay Certificate Fund.
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