Bill Text: IL HB4034 | 2015-2016 | 99th General Assembly | Introduced

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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 - Dead) 2016-04-15 - Added Co-Sponsor Rep. Martin J. Moylan [HB4034 Detail]

Download: Illinois-2015-HB4034-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4034 Introduced , by Rep. Camille Y. Lilly 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 105/5.866 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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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
adding Article 47 as follows:
(30 ILCS 500/Art. 47 heading new)
ARTICLE 47
EQUAL PAY CERTIFICATES
(30 ILCS 500/47-5 new)
Sec. 47-5. Scope of Article.
(a) No contract to which this Act applies shall be executed
with a bidder unless the bidder has an equal pay certificate or
it has certified in writing that it is exempt.
(b) A certificate is valid for 4 years.
(30 ILCS 500/47-10 new)
Sec. 47-10. Application for equal pay certificate.
(a) A bidder shall apply for an equal pay certificate by
paying a $150 filing fee and submitting an equal pay compliance
statement to the Department of Employment Security. The
proceeds from the fees collected under this Article shall be
deposited into the Equal Pay Certificate Fund, a special fund

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

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

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

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

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

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(30 ILCS 500/47-50 new)
Sec. 47-50. Report. The Department of Employment Security
shall report to the Governor and the General Assembly by
January 31 of every odd-numbered year, beginning January 31,
2017. The report shall indicate the number of equal pay
certificates issued, the number of audits conducted, the
processes used by contractors to ensure compliance with
subsection (a) of Section 47-10, and a summary of its auditing
efforts.
Section 10. The State Finance Act is amended by adding
Section 5.866 as follows:
(30 ILCS 105/5.866 new)
Sec. 5.866. The Equal Pay Certificate Fund.