Illinois General Assembly - Full Text of SB1847
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1847  102nd General Assembly

SB1847ham001 102ND GENERAL ASSEMBLY

Rep. Sonya M. Harper

Filed: 5/5/2021

 

 


 

 


 
10200SB1847ham001LRB102 11505 JLS 26105 a

1
AMENDMENT TO SENATE BILL 1847

2    AMENDMENT NO. ______. Amend Senate Bill 1847 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 7.5, as amended by Public Act 101-656, as
6follows:
 
7    (5 ILCS 140/7.5)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be
10exempt from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.

 

 

10200SB1847ham001- 2 -LRB102 11505 JLS 26105 a

1        (c) Applications, related documents, and medical
2    records received by the Experimental Organ Transplantation
3    Procedures Board and any and all documents or other
4    records prepared by the Experimental Organ Transplantation
5    Procedures Board or its staff relating to applications it
6    has received.
7        (d) Information and records held by the Department of
8    Public Health and its authorized representatives relating
9    to known or suspected cases of sexually transmissible
10    disease or any information the disclosure of which is
11    restricted under the Illinois Sexually Transmissible
12    Disease Control Act.
13        (e) Information the disclosure of which is exempted
14    under Section 30 of the Radon Industry Licensing Act.
15        (f) Firm performance evaluations under Section 55 of
16    the Architectural, Engineering, and Land Surveying
17    Qualifications Based Selection Act.
18        (g) Information the disclosure of which is restricted
19    and exempted under Section 50 of the Illinois Prepaid
20    Tuition Act.
21        (h) Information the disclosure of which is exempted
22    under the State Officials and Employees Ethics Act, and
23    records of any lawfully created State or local inspector
24    general's office that would be exempt if created or
25    obtained by an Executive Inspector General's office under
26    that Act.

 

 

10200SB1847ham001- 3 -LRB102 11505 JLS 26105 a

1        (i) Information contained in a local emergency energy
2    plan submitted to a municipality in accordance with a
3    local emergency energy plan ordinance that is adopted
4    under Section 11-21.5-5 of the Illinois Municipal Code.
5        (j) Information and data concerning the distribution
6    of surcharge moneys collected and remitted by carriers
7    under the Emergency Telephone System Act.
8        (k) Law enforcement officer identification information
9    or driver identification information compiled by a law
10    enforcement agency or the Department of Transportation
11    under Section 11-212 of the Illinois Vehicle Code.
12        (l) Records and information provided to a residential
13    health care facility resident sexual assault and death
14    review team or the Executive Council under the Abuse
15    Prevention Review Team Act.
16        (m) Information provided to the predatory lending
17    database created pursuant to Article 3 of the Residential
18    Real Property Disclosure Act, except to the extent
19    authorized under that Article.
20        (n) Defense budgets and petitions for certification of
21    compensation and expenses for court appointed trial
22    counsel as provided under Sections 10 and 15 of the
23    Capital Crimes Litigation Act. This subsection (n) shall
24    apply until the conclusion of the trial of the case, even
25    if the prosecution chooses not to pursue the death penalty
26    prior to trial or sentencing.

 

 

10200SB1847ham001- 4 -LRB102 11505 JLS 26105 a

1        (o) Information that is prohibited from being
2    disclosed under Section 4 of the Illinois Health and
3    Hazardous Substances Registry Act.
4        (p) Security portions of system safety program plans,
5    investigation reports, surveys, schedules, lists, data, or
6    information compiled, collected, or prepared by or for the
7    Regional Transportation Authority under Section 2.11 of
8    the Regional Transportation Authority Act or the St. Clair
9    County Transit District under the Bi-State Transit Safety
10    Act.
11        (q) Information prohibited from being disclosed by the
12    Personnel Record Review Act.
13        (r) Information prohibited from being disclosed by the
14    Illinois School Student Records Act.
15        (s) Information the disclosure of which is restricted
16    under Section 5-108 of the Public Utilities Act.
17        (t) All identified or deidentified health information
18    in the form of health data or medical records contained
19    in, stored in, submitted to, transferred by, or released
20    from the Illinois Health Information Exchange, and
21    identified or deidentified health information in the form
22    of health data and medical records of the Illinois Health
23    Information Exchange in the possession of the Illinois
24    Health Information Exchange Office due to its
25    administration of the Illinois Health Information
26    Exchange. The terms "identified" and "deidentified" shall

 

 

10200SB1847ham001- 5 -LRB102 11505 JLS 26105 a

1    be given the same meaning as in the Health Insurance
2    Portability and Accountability Act of 1996, Public Law
3    104-191, or any subsequent amendments thereto, and any
4    regulations promulgated thereunder.
5        (u) Records and information provided to an independent
6    team of experts under the Developmental Disability and
7    Mental Health Safety Act (also known as Brian's Law).
8        (v) Names and information of people who have applied
9    for or received Firearm Owner's Identification Cards under
10    the Firearm Owners Identification Card Act or applied for
11    or received a concealed carry license under the Firearm
12    Concealed Carry Act, unless otherwise authorized by the
13    Firearm Concealed Carry Act; and databases under the
14    Firearm Concealed Carry Act, records of the Concealed
15    Carry Licensing Review Board under the Firearm Concealed
16    Carry Act, and law enforcement agency objections under the
17    Firearm Concealed Carry Act.
18        (w) Personally identifiable information which is
19    exempted from disclosure under subsection (g) of Section
20    19.1 of the Toll Highway Act.
21        (x) Information which is exempted from disclosure
22    under Section 5-1014.3 of the Counties Code or Section
23    8-11-21 of the Illinois Municipal Code.
24        (y) Confidential information under the Adult
25    Protective Services Act and its predecessor enabling
26    statute, the Elder Abuse and Neglect Act, including

 

 

10200SB1847ham001- 6 -LRB102 11505 JLS 26105 a

1    information about the identity and administrative finding
2    against any caregiver of a verified and substantiated
3    decision of abuse, neglect, or financial exploitation of
4    an eligible adult maintained in the Registry established
5    under Section 7.5 of the Adult Protective Services Act.
6        (z) Records and information provided to a fatality
7    review team or the Illinois Fatality Review Team Advisory
8    Council under Section 15 of the Adult Protective Services
9    Act.
10        (aa) Information which is exempted from disclosure
11    under Section 2.37 of the Wildlife Code.
12        (bb) Information which is or was prohibited from
13    disclosure by the Juvenile Court Act of 1987.
14        (cc) Recordings made under the Law Enforcement
15    Officer-Worn Body Camera Act, except to the extent
16    authorized under that Act.
17        (dd) Information that is prohibited from being
18    disclosed under Section 45 of the Condominium and Common
19    Interest Community Ombudsperson Act.
20        (ee) Information that is exempted from disclosure
21    under Section 30.1 of the Pharmacy Practice Act.
22        (ff) Information that is exempted from disclosure
23    under the Revised Uniform Unclaimed Property Act.
24        (gg) Information that is prohibited from being
25    disclosed under Section 7-603.5 of the Illinois Vehicle
26    Code.

 

 

10200SB1847ham001- 7 -LRB102 11505 JLS 26105 a

1        (hh) Records that are exempt from disclosure under
2    Section 1A-16.7 of the Election Code.
3        (ii) Information which is exempted from disclosure
4    under Section 2505-800 of the Department of Revenue Law of
5    the Civil Administrative Code of Illinois.
6        (jj) Information and reports that are required to be
7    submitted to the Department of Labor by registering day
8    and temporary labor service agencies but are exempt from
9    disclosure under subsection (a-1) of Section 45 of the Day
10    and Temporary Labor Services Act.
11        (kk) Information prohibited from disclosure under the
12    Seizure and Forfeiture Reporting Act.
13        (ll) Information the disclosure of which is restricted
14    and exempted under Section 5-30.8 of the Illinois Public
15    Aid Code.
16        (mm) Records that are exempt from disclosure under
17    Section 4.2 of the Crime Victims Compensation Act.
18        (nn) Information that is exempt from disclosure under
19    Section 70 of the Higher Education Student Assistance Act.
20        (oo) Communications, notes, records, and reports
21    arising out of a peer support counseling session
22    prohibited from disclosure under the First Responders
23    Suicide Prevention Act.
24        (pp) Names and all identifying information relating to
25    an employee of an emergency services provider or law
26    enforcement agency under the First Responders Suicide

 

 

10200SB1847ham001- 8 -LRB102 11505 JLS 26105 a

1    Prevention Act.
2        (qq) Information and records held by the Department of
3    Public Health and its authorized representatives collected
4    under the Reproductive Health Act.
5        (rr) Information that is exempt from disclosure under
6    the Cannabis Regulation and Tax Act.
7        (ss) Data reported by an employer to the Department of
8    Human Rights pursuant to Section 2-108 of the Illinois
9    Human Rights Act.
10        (tt) Recordings made under the Children's Advocacy
11    Center Act, except to the extent authorized under that
12    Act.
13        (uu) Information that is exempt from disclosure under
14    Section 50 of the Sexual Assault Evidence Submission Act.
15        (vv) Information that is exempt from disclosure under
16    subsections (f) and (j) of Section 5-36 of the Illinois
17    Public Aid Code.
18        (ww) Information that is exempt from disclosure under
19    Section 16.8 of the State Treasurer Act.
20        (xx) Information that is exempt from disclosure or
21    information that shall not be made public under the
22    Illinois Insurance Code.
23        (yy) Information prohibited from being disclosed under
24    the Illinois Educational Labor Relations Act.
25        (zz) Information prohibited from being disclosed under
26    the Illinois Public Labor Relations Act.

 

 

10200SB1847ham001- 9 -LRB102 11505 JLS 26105 a

1        (aaa) Information prohibited from being disclosed
2    under Section 1-167 of the Illinois Pension Code.
3        (bbb) Information that is exempt from disclosure under
4    subsection (k) of Section 11 of the Equal Pay Act of 2003.
5(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
6100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
78-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
8eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
9100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
106-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
11eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
12101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
131-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
14eff. 7-7-20; 101-656, eff. 3-23-21.)
 
15    Section 10. The Equal Pay Act of 2003 is amended by
16changing Sections 11 and 30 as follows:
 
17    (820 ILCS 112/11)
18    Sec. 11. Equal pay registration certificate requirements;
19application. For the purposes of this Section 11 only,
20"business" means any private employer who has more than 100
21employees in the State of Illinois, and does not include the
22State of Illinois or any political subdivision, municipal
23corporation, or other governmental unit or agency.
24    (a) A business must obtain an equal pay registration

 

 

10200SB1847ham001- 10 -LRB102 11505 JLS 26105 a

1certificate from the Department or certify in writing that it
2is exempt.
3    (b) Any business subject to the requirements of this
4Section that is authorized to transact business in this State
5on March 23, 2021 shall submit an application to obtain an
6equal pay registration certificate, between March 24, 2022 and
7March 23, 2024, and must recertify every 2 years thereafter.
8Any business subject to the requirements of this Section that
9is authorized to transact business in this State after March
1023, 2021 must submit an application to obtain an equal pay
11registration certificate within 3 years of commencing business
12operations, but not before January 1, 2024, and must recertify
13every 2 years thereafter. The Department shall collect contact
14information from each business subject to this Section. The
15Department shall assign each business a date by which it must
16submit an application to obtain an equal pay registration
17certificate. The business shall recertify every 2 years at a
18date to be determined by the Department. When a business
19receives a notice from the Department to recertify for its
20equal pay registration certificate, if the business has fewer
21than 100 employees, the business must certify in writing to
22the Department that it is exempt from this Section. Any new
23business that is authorized to conduct business in this State,
24after the effective date of this amendatory Act of the 102nd
25General Assembly, shall submit its contact information to the
26Department by January 1 of the following year and shall be

 

 

10200SB1847ham001- 11 -LRB102 11505 JLS 26105 a

1assigned a date by which it must submit an application to
2obtain an equal pay registration certificate. The Department's
3failure to assign a business a registration date does not
4exempt the business from compliance with this Section the
5effective date of this amendatory Act of the 101st General
6Assembly must obtain an equal pay registration certificate
7within 3 years after the effective date of this amendatory Act
8of the 101st General Assembly and must recertify every 2 years
9thereafter. Any business subject to the requirements of this
10Section that is authorized to transact business in this State
11after the effective date of this amendatory Act of the 101st
12General Assembly must obtain an equal pay registration
13certificate within 3 years of commencing business operations
14and must recertify every 2 years thereafter.
15    (c) Application.
16        (1) A business shall apply for an equal pay
17    registration certificate by paying a $150 filing fee and
18    submitting wage records and an equal pay compliance
19    statement to the Director as follows:
20            (A) Wage Records. Any business that is required to
21        file an annual Employer Information Report EEO-1 with
22        the Equal Employment Opportunity Commission must also
23        submit to the Director a copy of the business' most
24        recently filed Employer Information Report EEO-1. The
25        business shall also compile a list of all employees
26        during the past calendar year, separated by gender and

 

 

10200SB1847ham001- 12 -LRB102 11505 JLS 26105 a

1        the race and ethnicity categories as reported in the
2        business's most recently filed Employer Information
3        Report EEO-1, and the county in which the employee
4        works, the date the employee started working for the
5        business, any other information the Department deems
6        necessary to determine if pay equity exists among
7        employees, and report the total wages as defined by
8        Section 2 of the Illinois Wage Payment and Collection
9        Act paid to each employee during the past calendar
10        year, rounded to the nearest $100, to the Director.
11            (B) Equal Pay Compliance Statement. The business
12        must submit a statement signed by a corporate officer,
13        legal counsel, or authorized agent of the business
14        certifying:
15                (i) that the business is in compliance with
16            this Act and other relevant laws, including but
17            not limited to: Title VII of the Civil Rights Act
18            of 1964, the Equal Pay Act of 1963, the Illinois
19            Human Rights Act, and the Equal Wage Act;
20                (ii) that the average compensation for its
21            female and minority employees is not consistently
22            below the average compensation, as determined by
23            rule by the United States Department of Labor, for
24            its male and non-minority employees within each of
25            the major job categories in the Employer
26            Information Report EEO-1 for which an employee is

 

 

10200SB1847ham001- 13 -LRB102 11505 JLS 26105 a

1            expected to perform work, taking into account
2            factors such as length of service, requirements of
3            specific jobs, experience, skill, effort,
4            responsibility, working conditions of the job, or
5            other mitigating factors; as used in this
6            subparagraph, "minority" has the meaning ascribed
7            to that term in paragraph (1) of subsection (A) of
8            Section 2 of the Business Enterprise for
9            Minorities, Women, and Persons with Disabilities
10            Act;
11                (iii) that the business does not restrict
12            employees of one sex to certain job
13            classifications, and makes retention and promotion
14            decisions without regard to sex;
15                (iv) that wage and benefit disparities are
16            corrected when identified to ensure compliance
17            with the Acts cited in item (i);
18                (v) how often wages and benefits are evaluated
19            to ensure compliance with this and other relevant
20            Acts; and
21                (vi) the approach the business takes in
22            determining what level of wages and benefits to
23            pay its employees, identifying a change in
24            approach if varied by title or classification.
25            (C) Filing fee. The business shall pay to the
26        Department a filing fee of $150. Proceeds an equal pay

 

 

10200SB1847ham001- 14 -LRB102 11505 JLS 26105 a

1        compliance statement to the Director. Any business
2        that is required to file an annual Employer
3        Information Report EEO-1 with the Equal Employment
4        Opportunity Commission must also submit to the
5        Director a copy of the business's most recently filed
6        Employer Information Report EEO-1 for each county in
7        which the business has a facility or employees. The
8        business shall also compile, from records maintained
9        and available, a list of all employees during the past
10        calendar year, separated by gender and the race and
11        ethnicity categories as reported in the business's
12        most recently filed Employer Information Report EEO-1,
13        and report the total wages as defined by Section 2 of
14        the Illinois Wage Payment and Collection Act paid to
15        each employee during the past calendar year, rounded
16        to the nearest hundred dollar, to the Director. The
17        proceeds from the fees collected under this Section
18        shall be deposited into the Equal Pay Registration
19        Fund, a special fund created in the State treasury.
20        Moneys in the Fund shall be appropriated to the
21        Department for the purposes of this Section. The
22        Director shall issue an equal pay registration
23        certificate to a business that submits to the Director
24        a statement signed by a corporate officer, legal
25        counsel, or authorized agent of the business:
26        (2) Receipt of the equal pay compliance application

 

 

10200SB1847ham001- 15 -LRB102 11505 JLS 26105 a

1    and statement by the Director does not establish
2    compliance with the Acts set forth in item (i) of
3    subparagraph (B) of paragraph (1) of this subsection (c).
4            (A) that the business is in compliance with Title
5        VII of the Civil Rights Act of 1964, the Equal Pay Act
6        of 1963, the Illinois Human Rights Act, the Equal Wage
7        Act, and the Equal Pay Act of 2003;
8            (B) that the average compensation for its female
9        and minority employees is not consistently below the
10        average compensation, as determined by rule by the
11        United States Department of Labor, for its male and
12        non-minority employees within each of the major job
13        categories in the Employer Information Report EEO-1
14        for which an employee is expected to perform work
15        under the contract, taking into account factors such
16        as length of service, requirements of specific jobs,
17        experience, skill, effort, responsibility, working
18        conditions of the job, or other mitigating factors; as
19        used in this subparagraph, "minority" has the meaning
20        ascribed to that term in paragraph (1) of subsection
21        (A) of Section 2 of the Business Enterprise for
22        Minorities, Women, and Persons with Disabilities Act;
23            (C) that the business does not restrict employees
24        of one sex to certain job classifications and makes
25        retention and promotion decisions without regard to
26        sex;

 

 

10200SB1847ham001- 16 -LRB102 11505 JLS 26105 a

1            (D) that wage and benefit disparities are
2        corrected when identified to ensure compliance with
3        the Acts cited in subparagraph (A) and with
4        subparagraph (B); and
5            (E) how often wages and benefits are evaluated to
6        ensure compliance with the Acts cited in subparagraph
7        (A) and with subparagraph (B).
8        (2) The equal pay compliance statement shall also
9    indicate whether the business, in setting compensation and
10    benefits, utilizes:
11            (A) a market pricing approach;
12            (B) State prevailing wage or union contract
13        requirements;
14            (C) a performance pay system;
15            (D) an internal analysis; or
16            (E) an alternative approach to determine what
17        level of wages and benefits to pay its employees. If
18        the business uses an alternative approach, the
19        business must provide a description of its approach.
20        (3) Receipt of the equal pay compliance statement by
21    the Director does not establish compliance with the Acts
22    set forth in subparagraph (A).
23        (3) A business that has employees in multiple
24    locations or facilities in Illinois shall submit a single
25    application to the Department regarding all of its
26    operations in Illinois.

 

 

10200SB1847ham001- 17 -LRB102 11505 JLS 26105 a

1    (d) Issuance or rejection of registration certificate.
2After January 1, 2022, the Director must issue an equal pay
3registration certificate, or a statement of why the
4application was rejected, within 45 calendar days of receipt
5of the application. Applicants shall have the opportunity to
6cure any deficiencies in its application that led to the
7rejection, and re-submit the revised application to the
8Department within 15 calendar days of receiving a rejection.
9Applicants shall have the ability to appeal rejected
10applications. An application may be rejected only if it does
11not comply with the requirements of subsection (c), or the
12business is otherwise found to be in violation of this Act. The
13receipt of an application by the Department, or the issuance
14of a registration certificate by the Department, shall not
15establish compliance with the Equal Pay Act of 2003 as to all
16Sections except Section 11. The issuance of a registration
17certificate shall not be a defense against any Equal Pay Act
18violation found by the Department, nor a basis for mitigation
19of damages. The Director must issue an equal pay registration
20certificate, or a statement of why the application was
21rejected, within 45 calendar days of receipt of the
22application. An application may be rejected only if it does
23not comply with the requirements of subsection (c). The
24receipt of an application by the Department, or the issuance
25of a registration certificate by the Department, shall not
26establish compliance of the Equal Pay Act of 2003 as to all

 

 

10200SB1847ham001- 18 -LRB102 11505 JLS 26105 a

1Sections except Section 11. The issuance of a registration
2certificate shall not be a defense against any Equal Pay Act
3violation found by the Department, nor a basis for mitigation
4of damages.
5    (e) Revocation of registration certificate. An equal pay
6registration certificate for a business may be suspended or
7revoked by the Director when the business fails to make a good
8faith effort to comply with the Acts identified in item (i) of
9subparagraph (B) of paragraph (1) of subsection (c), fails to
10make a good faith effort to comply with this Section, or has
11multiple violations of this Section or the Acts identified in
12item (i) of subparagraph (B) of paragraph (1) of subsection
13(c). Prior to suspending or revoking a registration
14certificate, the Director must first have sought to conciliate
15with the business regarding wages and benefits due to
16employees.
17    Consistent with Section 25, prior to or in connection with
18the suspension or revocation of an equal pay registration
19certificate, the Director, or his or her authorized
20representative, may interview workers, administer oaths, take
21or cause to be taken the depositions of witnesses, and require
22by subpoena the attendance and testimony of witnesses, and the
23production of all books, records, and other evidence relative
24to the matter under investigation, hearing or a
25department-initiated audit. subparagraph (A) of paragraph (1)
26of subsection (c), fails to make a good faith effort to comply

 

 

10200SB1847ham001- 19 -LRB102 11505 JLS 26105 a

1with this Section, or has multiple violations of this Section
2or the Acts identified in subparagraph (A) of paragraph (1) of
3subsection (c). Prior to suspending or revoking a registration
4certificate, the Director must first have sought to conciliate
5with the business regarding wages and benefits due to
6employees.
7    The Director, or his or her authorized representative, may
8interview workers, administer oaths, take or cause to be taken
9the depositions of witnesses, and require by subpoena the
10attendance and testimony of witnesses, and the production of
11all books, records, and other evidence relative to the matter
12under investigation or hearing. Such subpoena shall be signed
13and issued by the Director or his or her authorized
14representative.
15    Upon request by the Director or his or her deputies or
16agents, records shall be copied and submitted for evidence at
17no cost to the Department. Every employer upon request shall
18furnish to the Director or his or her authorized
19representative, on demand, a sworn statement of the accuracy
20of the records. Any employer who refuses to furnish a sworn
21statement of the records is in violation of this Act.
22    In case of failure of any person to comply with any
23subpoena lawfully issued under this Section or on the refusal
24of any witness to produce evidence or to testify to any matter
25regarding which he or she may be lawfully interrogated, it is
26the duty of any circuit court, upon application of the

 

 

10200SB1847ham001- 20 -LRB102 11505 JLS 26105 a

1Director or his or her authorized representative, to compel
2obedience by proceedings for contempt, as in the case of
3disobedience of the requirements of a subpoena issued by such
4court or a refusal to testify therein. The Director may
5certify to official acts.
6    Neither the Department nor the Director shall be held
7liable for good faith errors in issuing, denying, suspending
8or revoking certificates.
9    (f) Administrative review. A business may obtain an
10administrative hearing in accordance with the Illinois
11Administrative Procedure Act before the suspension or
12revocation of its certificate or imposition of civil penalties
13as provided by subsection (i) is effective by filing a written
14request for hearing within 20 calendar days after service of
15notice by the Director.
16        (1) A business may obtain an administrative hearing in
17    accordance with the Illinois Administrative Procedure Act
18    before the suspension or revocation of its certificate is
19    effective by filing a written request for hearing within
20    20 calendar days after service of notice by the Director.
21        (2) A business may obtain an administrative hearing in
22    accordance with the Illinois Administrative Procedure Act
23    before the contract award entity's abridgement or
24    termination of a contract is effective by filing a written
25    request for a hearing 20 calendar days after service of
26    notice by the contract award entity.

 

 

10200SB1847ham001- 21 -LRB102 11505 JLS 26105 a

1    (g) Technical assistance. The Director must provide
2technical assistance to any business that requests assistance
3regarding this Section.
4    (h) Audit. The Director may audit the business's
5compliance with this Section. As part of an audit, upon
6request, a business must provide the Director the following
7information with respect to employees expected to perform work
8under the contract in each of the major job categories in the
9Employer Information Report EEO-1:
10        (1) number of male employees;
11        (2) number of female employees;
12        (3) average annualized salaries paid to male employees
13    and to female employees, in the manner most consistent
14    with the employer's compensation system, within each major
15    job category;
16        (4) information on performance payments, benefits, or
17    other elements of compensation, in the manner most
18    consistent with the employer's compensation system, if
19    requested by the Director as part of a determination as to
20    whether these elements of compensation are different for
21    male and female employees;
22        (5) average length of service for male and female
23    employees in each major job category; and
24        (6) other information identified by the business or by
25    the Director, as needed, to determine compliance with
26    items specified in paragraph (1) of subsection (c).

 

 

10200SB1847ham001- 22 -LRB102 11505 JLS 26105 a

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

 

 

10200SB1847ham001- 23 -LRB102 11505 JLS 26105 a

1        (4) Notwithstanding this subsection (h), the
2    Department may share data and identifiable information
3    with the Department of Human Rights, pursuant to its
4    enforcement of Article 2 of the Illinois Human Rights Act,
5    or the Office of the Attorney General, pursuant to its
6    enforcement of Section 10-104 of the Illinois Human Rights
7    Act.
8    Data submitted to the Director related to equal pay
9registration certificates or otherwise provided by an employer
10in its equal pay compliance statement under subsection (c) are
11private data on individuals or nonpublic data with respect to
12persons other than Department employees. The Director's
13decision to issue, not issue, revoke, or suspend an equal pay
14registration certificate is public data.
15    (i) (j) Penalty. The Department shall impose on any
16business that does not obtain an equal pay registration
17certificate as required under this Section, or whose equal pay
18registration certificate is suspended or revoked after a
19Department investigation, a civil penalty in an amount equal
20to 1% of the business's gross profits. Falsification or
21misrepresentation of information on an application submitted
22to the Department shall constitute a violation of this Act and
23the Department may seek to suspend or revoke an equal pay
24registration certificate or impose civil penalties as provided
25under subsection (c) of Section 30.
26    (k) Whistleblower protection. As used in this subsection,

 

 

10200SB1847ham001- 24 -LRB102 11505 JLS 26105 a

1"retaliatory action" means the reprimand, discharge,
2suspension, demotion, denial of promotion or transfer, or
3change in the terms and conditions of employment of any
4employee of a business that is taken in retaliation for the
5employee's involvement in a protected activity.
6        (1) A business shall not take any retaliatory action
7    against an employee of the business because the employee
8    does any of the following:
9            (A) Discloses or threatens to disclose to a
10        supervisor or to a public body an activity, inaction,
11        policy, or practice implemented by a business that the
12        employee reasonably believes is in violation of a law,
13        rule, or regulation.
14            (B) Provides information to or testifies before
15        any public body conducting an investigation, hearing,
16        or inquiry into any violation of a law, rule, or
17        regulation by a nursing home administrator.
18            (C) Assists or participates in a proceeding to
19        enforce the provisions of this Act.
20        (2) A violation of this subsection (k) may be
21    established only upon a finding that (i) the employee of
22    the business engaged in conduct described in paragraph (1)
23    of this subsection and (ii) this conduct was a
24    contributing factor in the retaliatory action alleged by
25    the employee. There is no violation of this Section,
26    however, if the business demonstrates by clear and

 

 

10200SB1847ham001- 25 -LRB102 11505 JLS 26105 a

1    convincing evidence that it would have taken the same
2    unfavorable personnel action in the absence of that
3    conduct.
4        (3) The employee of the business may be awarded all
5    remedies necessary to make the employee whole and to
6    prevent future violations of this Section. Remedies
7    imposed by the court may include, but are not limited to,
8    all of the following:
9            (A) Reinstatement of the employee to either the
10        same position held before the retaliatory action or to
11        an equivalent position.
12            (B) Two times the amount of back pay.
13            (C) Interest on the back pay.
14            (D) Reinstatement of full fringe benefits and
15        seniority rights.
16            (E) Payment of reasonable costs and attorney's
17        fees.
18        (4) Nothing in this Section shall be deemed to
19    diminish the rights, privileges, or remedies of an
20    employee of a business under any other federal or State
21    law, rule, or regulation or under any employment contract.
22(Source: P.A. 101-656, eff. 3-23-21.)
 
23    (820 ILCS 112/30)
24    Sec. 30. Violations; fines and penalties.
25    (a) If an employee is paid by his or her employer less than

 

 

10200SB1847ham001- 26 -LRB102 11505 JLS 26105 a

1the wage to which he or she is entitled in violation of Section
210 or 11 of this Act, the employee may recover in a civil
3action the entire amount of any underpayment together with
4interest, compensatory damages if the employee demonstrates
5that the employer acted with malice or reckless indifference,
6punitive damages as may be appropriate, injunctive relief as
7may be appropriate, and the costs and reasonable attorney's
8fees as may be allowed by the court and as necessary to make
9the employee whole. At the request of the employee or on a
10motion of the Director, the Department may make an assignment
11of the wage claim in trust for the assigning employee and may
12bring any legal action necessary to collect the claim, and the
13employer shall be required to pay the costs incurred in
14collecting the claim. Every such action shall be brought
15within 5 years from the date of the underpayment. For purposes
16of this Act, "date of the underpayment" means each time wages
17are underpaid.
18    (a-5) If an employer violates subsection (b), (b-5),
19(b-10), or (b-20) of Section 10, the employee may recover in a
20civil action any damages incurred, special damages not to
21exceed $10,000, injunctive relief as may be appropriate, and
22costs and reasonable attorney's fees as may be allowed by the
23court and as necessary to make the employee whole. If special
24damages are available, an employee may recover compensatory
25damages only to the extent such damages exceed the amount of
26special damages. Such action shall be brought within 5 years

 

 

10200SB1847ham001- 27 -LRB102 11505 JLS 26105 a

1from the date of the violation.
2    (b) The Director is authorized to supervise the payment of
3the unpaid wages under subsection (a) or damages under
4subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
5to any employee or employees under this Act and may bring any
6legal action necessary to recover the amount of unpaid wages,
7damages, and penalties or to seek injunctive relief, and the
8employer shall be required to pay the costs. Any sums
9recovered by the Director on behalf of an employee under this
10Section shall be paid to the employee or employees affected.
11    (c) Employers who violate any provision of this Act or any
12rule adopted under the Act are subject to a civil penalty for
13each employee affected as follows:
14        (1) An employer with fewer than 4 employees: first
15    offense, a fine not to exceed $500; second offense, a fine
16    not to exceed $2,500; third or subsequent offense, a fine
17    not to exceed $5,000.
18        (2) An employer with between 4 and 99 4 or more
19    employees: first offense, a fine not to exceed $2,500;
20    second offense, a fine not to exceed $3,000; third or
21    subsequent offense, a fine not to exceed $5,000.
22        (3) An employer with 100 or more employees who
23    violates any Section of this Act except for Section 11
24    shall be fined up to $10,000 per employee affected. An
25    employer with 100 or more employees that is a business as
26    defined under Section 11 and commits a violation of

 

 

10200SB1847ham001- 28 -LRB102 11505 JLS 26105 a

1    Section 11 shall be fined up to $10,000.
2    An employer or person who violates subsection (b), (b-5),
3(b-10), (b-20), or (c) of Section 10 is subject to a civil
4penalty not to exceed $5,000 for each violation for each
5employee affected.
6    (d) In determining the amount of the penalty, the
7appropriateness of the penalty to the size of the business of
8the employer charged and the gravity of the violation shall be
9considered. The penalty may be recovered in a civil action
10brought by the Director in any circuit court.
11(Source: P.A. 101-177, eff. 9-29-19.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".