Sen. Toi W. Hutchinson

Filed: 4/9/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 405

2    AMENDMENT NO. ______. Amend Senate Bill 405 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Procurement Code is amended by
5adding Section 50-80 as follows:
 
6    (30 ILCS 500/50-80 new)
7    Sec. 50-80. Sexual harassment policy. Each bid or offer
8submitted for a State contract under this Code shall include a
9written copy of the bidder's sexual harassment policy in
10accordance with paragraph (4) of subsection (A) of Section
112-105 of the Illinois Human Rights Act.
 
12    Section 10. The Economic Development for a Growing Economy
13Tax Credit Act is amended by changing Section 5-20 and by
14adding Section 5-58 as follows:
 

 

 

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1    (35 ILCS 10/5-20)
2    Sec. 5-20. Application for a project to create and retain
3new jobs.
4    (a) Any Taxpayer proposing a project located or planned to
5be located in Illinois may request consideration for
6designation of its project, by formal written letter of request
7or by formal application to the Department, in which the
8Applicant states its intent to make at least a specified level
9of investment and intends to hire or retain a specified number
10of full-time employees at a designated location in Illinois. As
11circumstances require, the Department may require a formal
12application from an Applicant and a formal letter of request
13for assistance.
14    (b) In order to qualify for Credits under this Act, an
15Applicant's project must:
16        (1) if the Applicant has more than 100 employees,
17    involve an investment of at least $2,500,000 in capital
18    improvements to be placed in service within the State as a
19    direct result of the project; if the Applicant has 100 or
20    fewer employees, then there is no capital investment
21    requirement; and
22        (1.5) if the Applicant has more than 100 employees,
23    employ a number of new employees in the State equal to the
24    lesser of (A) 10% of the number of full-time employees
25    employed by the applicant world-wide on the date the
26    application is filed with the Department or (B) 50 New

 

 

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1    Employees; and, if the Applicant has 100 or fewer
2    employees, employ a number of new employees in the State
3    equal to the lesser of (A) 5% of the number of full-time
4    employees employed by the applicant world-wide on the date
5    the application is filed with the Department or (B) 50 New
6    Employees; and
7        (2) (blank);
8        (3) (blank); .
9        (4) include an annual sexual harassment policy report
10    as provided under Section 5-58.
11    (c) After receipt of an application, the Department may
12enter into an Agreement with the Applicant if the application
13is accepted in accordance with Section 5-25.
14(Source: P.A. 100-511, eff. 9-18-17.)
 
15    (35 ILCS 10/5-58 new)
16    Sec. 5-58. Sexual harassment policy report. Each taxpayer
17claiming a credit under this Act shall, no later than April 15
18of each taxable year for which the taxpayer claims a credit
19under this Act, submit to the Department of Commerce and
20Economic Opportunity a report detailing that taxpayer's sexual
21harassment policy, which contains, at a minimum, the following
22information: (i) the illegality of sexual harassment; (ii) the
23definition of sexual harassment under State law; (iii) a
24description of sexual harassment, utilizing examples; (iv) the
25vendor's internal complaint process, including penalties; (v)

 

 

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1the legal recourse, and investigative and complaint processes
2available through the Department; (vi) directions on how to
3contact the Department; and (vii) protection against
4retaliation as provided by Section 6-101 of the Illinois Human
5Rights Act. A copy of the policy shall be provided to the
6Department upon request. The reports required under this
7Section shall be submitted in a form and manner determined by
8the Department of Commerce and Economic Opportunity.
 
9    Section 15. The Illinois Human Rights Act is amended by
10changing Section 2-105 as follows:
 
11    (775 ILCS 5/2-105)  (from Ch. 68, par. 2-105)
12    Sec. 2-105. Equal Employment Opportunities; Affirmative
13Action.
14    (A) Public Contracts. Every party to a public contract and
15every eligible bidder shall:
16        (1) Refrain from unlawful discrimination and
17    discrimination based on citizenship status in employment
18    and undertake affirmative action to assure equality of
19    employment opportunity and eliminate the effects of past
20    discrimination;
21        (2) Comply with the procedures and requirements of the
22    Department's regulations concerning equal employment
23    opportunities and affirmative action;
24        (3) Provide such information, with respect to its

 

 

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1    employees and applicants for employment, and assistance as
2    the Department may reasonably request;
3        (4) Have written sexual harassment policies that shall
4    include, at a minimum, the following information: (i) the
5    illegality of sexual harassment; (ii) the definition of
6    sexual harassment under State law; (iii) a description of
7    sexual harassment, utilizing examples; (iv) the vendor's
8    internal complaint process including penalties; (v) the
9    legal recourse, investigative and complaint process
10    available through the Department and the Commission; (vi)
11    directions on how to contact the Department and Commission;
12    and (vii) protection against retaliation as provided by
13    Section 6-101 of this Act. A copy of the policies shall be
14    provided to the Department upon request. Additionally,
15    each bid or offer submitted for a State contract under the
16    Illinois Procurement Code shall include a written copy of
17    the bidder's sexual harassment policy as required under
18    this paragraph (4).
19    (B) State Agencies. Every State executive department,
20State agency, board, commission, and instrumentality shall:
21        (1) Comply with the procedures and requirements of the
22    Department's regulations concerning equal employment
23    opportunities and affirmative action;
24        (2) Provide such information and assistance as the
25    Department may request.
26        (3) Establish, maintain, and carry out a continuing

 

 

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1    affirmative action plan consistent with this Act and the
2    regulations of the Department designed to promote equal
3    opportunity for all State residents in every aspect of
4    agency personnel policy and practice. For purposes of these
5    affirmative action plans, the race and national origin
6    categories to be included in the plans are: American Indian
7    or Alaska Native, Asian, Black or African American,
8    Hispanic or Latino, Native Hawaiian or Other Pacific
9    Islander.
10        This plan shall include a current detailed status
11    report:
12            (a) indicating, by each position in State service,
13        the number, percentage, and average salary of
14        individuals employed by race, national origin, sex and
15        disability, and any other category that the Department
16        may require by rule;
17            (b) identifying all positions in which the
18        percentage of the people employed by race, national
19        origin, sex and disability, and any other category that
20        the Department may require by rule, is less than
21        four-fifths of the percentage of each of those
22        components in the State work force;
23            (c) specifying the goals and methods for
24        increasing the percentage by race, national origin,
25        sex and disability, and any other category that the
26        Department may require by rule, in State positions;

 

 

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1            (d) indicating progress and problems toward
2        meeting equal employment opportunity goals, including,
3        if applicable, but not limited to, Department of
4        Central Management Services recruitment efforts,
5        publicity, promotions, and use of options designating
6        positions by linguistic abilities;
7            (e) establishing a numerical hiring goal for the
8        employment of qualified persons with disabilities in
9        the agency as a whole, to be based on the proportion of
10        people with work disabilities in the Illinois labor
11        force as reflected in the most recent employment data
12        made available by the United States Census Bureau.
13        (4) If the agency has 1000 or more employees, appoint a
14    full-time Equal Employment Opportunity officer, subject to
15    the Department's approval, whose duties shall include:
16            (a) Advising the head of the particular State
17        agency with respect to the preparation of equal
18        employment opportunity programs, procedures,
19        regulations, reports, and the agency's affirmative
20        action plan.
21            (b) Evaluating in writing each fiscal year the
22        sufficiency of the total agency program for equal
23        employment opportunity and reporting thereon to the
24        head of the agency with recommendations as to any
25        improvement or correction in recruiting, hiring or
26        promotion needed, including remedial or disciplinary

 

 

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1        action with respect to managerial or supervisory
2        employees who have failed to cooperate fully or who are
3        in violation of the program.
4            (c) Making changes in recruitment, training and
5        promotion programs and in hiring and promotion
6        procedures designed to eliminate discriminatory
7        practices when authorized.
8            (d) Evaluating tests, employment policies,
9        practices and qualifications and reporting to the head
10        of the agency and to the Department any policies,
11        practices and qualifications that have unequal impact
12        by race, national origin as required by Department
13        rule, sex or disability or any other category that the
14        Department may require by rule, and to assist in the
15        recruitment of people in underrepresented
16        classifications. This function shall be performed in
17        cooperation with the State Department of Central
18        Management Services.
19            (e) Making any aggrieved employee or applicant for
20        employment aware of his or her remedies under this Act.
21            In any meeting, investigation, negotiation,
22        conference, or other proceeding between a State
23        employee and an Equal Employment Opportunity officer,
24        a State employee (1) who is not covered by a collective
25        bargaining agreement and (2) who is the complaining
26        party or the subject of such proceeding may be

 

 

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1        accompanied, advised and represented by (1) an
2        attorney licensed to practice law in the State of
3        Illinois or (2) a representative of an employee
4        organization whose membership is composed of employees
5        of the State and of which the employee is a member. A
6        representative of an employee, other than an attorney,
7        may observe but may not actively participate, or advise
8        the State employee during the course of such meeting,
9        investigation, negotiation, conference or other
10        proceeding. Nothing in this Section shall be construed
11        to permit any person who is not licensed to practice
12        law in Illinois to deliver any legal services or
13        otherwise engage in any activities that would
14        constitute the unauthorized practice of law. Any
15        representative of an employee who is present with the
16        consent of the employee, shall not, during or after
17        termination of the relationship permitted by this
18        Section with the State employee, use or reveal any
19        information obtained during the course of the meeting,
20        investigation, negotiation, conference or other
21        proceeding without the consent of the complaining
22        party and any State employee who is the subject of the
23        proceeding and pursuant to rules and regulations
24        governing confidentiality of such information as
25        promulgated by the appropriate State agency.
26        Intentional or reckless disclosure of information in

 

 

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1        violation of these confidentiality requirements shall
2        constitute a Class B misdemeanor.
3        (5) Establish, maintain and carry out a continuing
4    sexual harassment program that shall include the
5    following:
6            (a) Develop a written sexual harassment policy
7        that includes at a minimum the following information:
8        (i) the illegality of sexual harassment; (ii) the
9        definition of sexual harassment under State law; (iii)
10        a description of sexual harassment, utilizing
11        examples; (iv) the agency's internal complaint process
12        including penalties; (v) the legal recourse,
13        investigative and complaint process available through
14        the Department and the Commission; (vi) directions on
15        how to contact the Department and Commission; and (vii)
16        protection against retaliation as provided by Section
17        6-101 of this Act. The policy shall be reviewed
18        annually.
19            (b) Post in a prominent and accessible location and
20        distribute in a manner to assure notice to all agency
21        employees without exception the agency's sexual
22        harassment policy. Such documents may meet, but shall
23        not exceed, the 6th grade literacy level. Distribution
24        shall be effectuated within 90 days of the effective
25        date of this amendatory Act of 1992 and shall occur
26        annually thereafter.

 

 

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1            (c) Provide training on sexual harassment
2        prevention and the agency's sexual harassment policy
3        as a component of all ongoing or new employee training
4        programs.
5        (6) Notify the Department 30 days before effecting any
6    layoff. Once notice is given, the following shall occur:
7            (a) No layoff may be effective earlier than 10
8        working days after notice to the Department, unless an
9        emergency layoff situation exists.
10            (b) The State executive department, State agency,
11        board, commission, or instrumentality in which the
12        layoffs are to occur must notify each employee targeted
13        for layoff, the employee's union representative (if
14        applicable), and the State Dislocated Worker Unit at
15        the Department of Commerce and Economic Opportunity.
16            (c) The State executive department, State agency,
17        board, commission, or instrumentality in which the
18        layoffs are to occur must conform to applicable
19        collective bargaining agreements.
20            (d) The State executive department, State agency,
21        board, commission, or instrumentality in which the
22        layoffs are to occur should notify each employee
23        targeted for layoff that transitional assistance may
24        be available to him or her under the Economic
25        Dislocation and Worker Adjustment Assistance Act
26        administered by the Department of Commerce and

 

 

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1        Economic Opportunity. Failure to give such notice
2        shall not invalidate the layoff or postpone its
3        effective date.
4     As used in this subsection (B), "disability" shall be
5defined in rules promulgated under the Illinois Administrative
6Procedure Act.
7    (C) Civil Rights Violations. It is a civil rights violation
8for any public contractor or eligible bidder to:
9        (1) fail to comply with the public contractor's or
10    eligible bidder's duty to refrain from unlawful
11    discrimination and discrimination based on citizenship
12    status in employment under subsection (A)(1) of this
13    Section; or
14        (2) fail to comply with the public contractor's or
15    eligible bidder's duties of affirmative action under
16    subsection (A) of this Section, provided however, that the
17    Department has notified the public contractor or eligible
18    bidder in writing by certified mail that the public
19    contractor or eligible bidder may not be in compliance with
20    affirmative action requirements of subsection (A). A
21    minimum of 60 days to comply with the requirements shall be
22    afforded to the public contractor or eligible bidder before
23    the Department may issue formal notice of non-compliance.
24    (D) As used in this Section:
25        (1) "American Indian or Alaska Native" means a person
26    having origins in any of the original peoples of North and

 

 

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1    South America, including Central America, and who
2    maintains tribal affiliation or community attachment.
3        (2) "Asian" means a person having origins in any of the
4    original peoples of the Far East, Southeast Asia, or the
5    Indian subcontinent, including, but not limited to,
6    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
7    the Philippine Islands, Thailand, and Vietnam.
8        (3) "Black or African American" means a person having
9    origins in any of the black racial groups of Africa. Terms
10    such as "Haitian" or "Negro" can be used in addition to
11    "Black or African American".
12        (4) "Hispanic or Latino" means a person of Cuban,
13    Mexican, Puerto Rican, South or Central American, or other
14    Spanish culture or origin, regardless of race.
15        (5) "Native Hawaiian or Other Pacific Islander" means a
16    person having origins in any of the original peoples of
17    Hawaii, Guam, Samoa, or other Pacific Islands.
18(Source: P.A. 99-933, eff. 1-27-17.)".