Bill Status of SB 2   93rd General Assembly

Short Description:  EQUAL PAY ACT

Senate Sponsors
Sen. Carol Ronen-James T. Meeks-Iris Y. Martinez-Terry Link-Jacqueline Y. Collins, Don Harmon, Barack Obama, Ira I. Silverstein, James F. Clayborne, Jr., Jeffrey M. Schoenberg, M. Maggie Crotty, Donne E. Trotter, Antonio Munoz, Martin A. Sandoval, Rickey R. Hendon, Mattie Hunter, James A. DeLeo, Susan Garrett, Kimberly A. Lightford and Debbie DeFrancesco Halvorson

House Sponsors
(Rep. Barbara Flynn Currie-Sara Feigenholtz-Carolyn H. Krause-Patricia Reid Lindner-Cynthia Soto, Robert F. Flider, Marlow H. Colvin, Kevin Joyce, Michael K. Smith, Naomi D. Jakobsson, Brandon W. Phelps, Kathleen A. Ryg, Patricia R. Bellock, Mary K. O'Brien, Gary Forby, Karen A. Yarbrough, Robert Rita, Deborah L. Graham, Karen May, John A. Fritchey, Rosemary Mulligan, Elizabeth Coulson and Sandra M. Pihos)


Last Action  View All Actions

DateChamber Action
  5/11/2003SenatePublic Act . . . . . . . . . 93-0006

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Equal Pay Act of 2003. Provides that no employer may discriminate between employees on the basis of sex by paying wages solely on the basis of the employee's gender. Prohibits retaliatory discharge or discrimination against an employee on the basis of the employee's use of the Act and provides for penalties for violations of the Act, including a Class B misdemeanor for retaliatory discharge or discrimination by the employer. Provides that the Director of Labor shall administer and enforce the Act. Provides that every employer subject to the Act shall preserve specified records for not less than 3 years. Provides that every employer covered by the Act shall post a notice summarizing the requirements of the Act. Provides that the Department of Labor shall conduct ongoing outreach and education efforts concerning the Act.

Senate Committee Amendment No. 2
In provisions creating an exception to the prohibition against discriminating between employees on the basis of sex where the payment is made under a differential based on a factor other than sex, provides instead that the exception applies if the differential is based on a factor other than (i) sex or (ii) a factor that would constitute unlawful discrimination under the Illinois Human Rights Act. Changes the amount of the civil penalty for violating the Act, and replaces the criminal penalty with specified civil relief for the employee. Prohibits discharging or discriminating against any employee because that employee has consulted counsel in connection with instituting any proceeding under the Act.

 Fiscal Note (Department of Labor)
 Administration of the Act would required the addition of one Equal Pay Officer, one Statistical Research Specialist II, one Research Economist, and one Executive I (outreach). The Department would also need additional monies for printing costs associated with the required postings. The fiscal impact is as follows: Equal Pay Officer $40,000; Statistical Research Specialist II $50,000; Research Economist $55,000; Executive I $35,000; fringes $45,200; contractual services (6 months legal research) $50,000; travel $18,500; commodities $3,000; printing $15,000; equipment $6,000; EDP equipment $6,000; telecommunications $3,000. Total cost $326,700.

Senate Floor Amendment No. 3
Provides that the Act may not be construed to require an employer to pay, to any employee at a workplace in a particular municipality, wages that are equal to the wages paid by that employer at a workplace in another municipality to employees in jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.

 State Mandates Fiscal Note (S-AM 2) (Illinois State Board of Education)
 Senate Bill creates a personnel mandate for school districts in that it requires additional insurance coverage for employees. The State Mandates Act is not amended so local school districts would not have to comply unless the state reimbursed them. If the cost is less than $1,000 per district or less than $50,000 across all school districts, schools would have to comply and bear the cost. It is unclear how much such additional coverage may cost.

 State Mandates Fiscal Note (Illinois Community College System)
 Under the State Mandates Act, a "State Mandate" means any State-initiated statutory or executive action that requires a unit of local government to establish, expand, or modify its activities in such a way as to necessitate additional expenditures from local revenues. Each community college is considered a unit of local government. This bill requires colleges to comply with the Act, and at this time, the ICCB believes that the colleges are non-discriminating on the basis of sex, and therefore, this mandate would require little or no additional costs to the colleges. There also is estimated to be little or no cost to the ICCB.

Senate Floor Amendment No. 4
Provides that the Act may not be construed to require an employer to pay, to any employee at a workplace in a particular county (rather than a particular municipality), wages that are equal to the wages paid by that employer at a workplace in another county (rather than another municipality) to employees in jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.

Senate Floor Amendment No. 5
Provides that an employee may recover in a civil action the entire amount (rather than the amount) of any underpayment and may collect interest, and the employee's recovery shall be "as necessary to make the employee whole". Provides that an action shall be brought within 3 years from the date the employee learned of the underpayment (rather than within 3 years from the date of the underpayment).

 State Mandates Fiscal Note (S-AM3) (Dept of Commerce and Community Affairs)
 SB2 as amended by SAM3, creates both a due process mandate and a local government organization and structure mandate. No State reimbursement is required due to the imposition of either type of mandate under the State Mandates Act.

Actions 
DateChamber Action
  1/9/2003SenateFiled with Secretary by Sen. Carol Ronen
  1/9/2003SenateChief Co-Sponsor Sen. James T. Meeks
  1/9/2003SenateChief Co-Sponsor Sen. Iris Y. Martinez
  1/9/2003SenateChief Co-Sponsor Sen. Terry Link
  1/9/2003SenateChief Co-Sponsor Sen. Jacqueline Y. Collins
  1/9/2003SenateCo-Sponsor Sen. Don Harmon
  1/9/2003SenateFirst Reading
  1/9/2003SenateReferred to Rules
  1/9/2003SenateAdded as Co-Sponsor Sen. Barack Obama
  1/15/2003SenateAdded as Co-Sponsor Sen. Ira I. Silverstein
  1/15/2003SenateAdded as Co-Sponsor Sen. James F. Clayborne, Jr.
  1/21/2003SenateAdded as Co-Sponsor Sen. Jeffrey M. Schoenberg
  1/22/2003SenateAdded as Co-Sponsor Sen. M. Maggie Crotty
  1/23/2003SenateAdded as Co-Sponsor Sen. Donne E. Trotter
  1/28/2003SenateAdded as Co-Sponsor Sen. Antonio Munoz
  1/29/2003SenateAssigned to Labor & Commerce
  1/29/2003SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  2/4/2003SenateAdded as Co-Sponsor Sen. Rickey R. Hendon
  2/4/2003SenateAdded as Co-Sponsor Sen. Mattie Hunter
  2/4/2003SenateAdded as Co-Sponsor Sen. James A. DeLeo
  2/6/2003SenateAdded as Co-Sponsor Sen. Susan Garrett
  2/14/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Carol Ronen
  2/14/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  2/18/2003SenateSenate Committee Amendment No. 1 Rules Refers to Labor & Commerce
  2/19/2003SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford
  2/24/2003SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Carol Ronen
  2/24/2003SenateSenate Committee Amendment No. 2 Referred to Rules
  2/26/2003SenateSenate Committee Amendment No. 2 Rules Refers to Labor & Commerce
  2/27/2003SenateSenate Committee Amendment No. 1 Tabled in Labor & Commerce
  2/27/2003SenateSenate Committee Amendment No. 2 Adopted
  2/28/2003SenateDo Pass as Amended Labor & Commerce; 009-000-000
  2/28/2003SenatePlaced on Calendar Order of 2nd Reading March 4, 2003
  3/5/2003SenateFiscal Note Requested by Sen. Bill Brady
  3/18/2003SenateFiscal Note Filed As Introduced
  3/19/2003SenateState Mandates Fiscal Note Requested by Sen. Kathleen L. Wojcik
  3/20/2003SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Carol Ronen
  3/20/2003SenateSenate Floor Amendment No. 3 Referred to Rules
  3/20/2003SenateAdded as Co-Sponsor Sen. Debbie DeFrancesco Halvorson
  3/24/2003SenateSenate Floor Amendment No. 3 Rules Refers to Labor & Commerce
  3/25/2003SenateSenate Floor Amendment No. 3 Be Approved for Consideration Labor & Commerce; 007-001-000
  4/1/2003SenateState Mandates Fiscal Note Filed from the Illinois Community College Board
  4/1/2003SenateState Mandates Fiscal Note Filed from the Illinois State Board of Education
  4/1/2003SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Carol Ronen
  4/1/2003SenateSenate Floor Amendment No. 4 Referred to Rules
  4/1/2003SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. Carol Ronen
  4/1/2003SenateSenate Floor Amendment No. 5 Referred to Rules
  4/2/2003SenateSenate Floor Amendment No. 4 Rules Refers to Labor & Commerce
  4/2/2003SenateSenate Floor Amendment No. 5 Rules Refers to Labor & Commerce
  4/2/2003SenateSenate Floor Amendment No. 4 Be Adopted Labor & Commerce; 009-000-000
  4/2/2003SenateSenate Floor Amendment No. 5 Be Adopted Labor & Commerce; 009-000-000
  4/2/2003SenateSecond Reading
  4/2/2003SenateSenate Floor Amendment No. 3 Adopted; Ronen
  4/2/2003SenateSenate Floor Amendment No. 4 Adopted; Ronen
  4/2/2003SenateSenate Floor Amendment No. 5 Adopted; Ronen
  4/2/2003SenatePlaced on Calendar Order of 3rd Reading April 3, 2003
  4/2/2003SenateState Mandates Fiscal Note Filed as Amended with Senate Amendment No. 3 from the Illinois Department of Commerce and Community Affairs
  4/3/2003SenateThird Reading - Passed; 053-002-001
  4/3/2003HouseArrived in House
  4/3/2003HousePlaced on Calendar Order of First Reading
  4/3/2003HouseChief House Sponsor Rep. Barbara Flynn Currie
  4/3/2003HouseAdded Alternate Chief Co-Sponsor Rep. Sara Feigenholtz
  4/3/2003HouseFirst Reading
  4/3/2003HouseReferred to Rules Committee
  4/4/2003HouseAdded Alternate Chief Co-Sponsor Rep. Carolyn H. Krause
  4/4/2003HouseAdded Alternate Chief Co-Sponsor Rep. Patricia Reid Lindner
  4/4/2003HouseAdded Alternate Co-Sponsor Rep. Robert F. Flider
  4/8/2003HouseAssigned to Labor Committee
  4/9/2003HouseAdded Alternate Co-Sponsor Rep. Marlow H. Colvin
  4/10/2003HouseAdded Alternate Co-Sponsor Rep. Kevin Joyce
  4/10/2003HouseAdded Alternate Co-Sponsor Rep. Michael K. Smith
  4/10/2003HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson
  4/10/2003HouseAdded Alternate Co-Sponsor Rep. Brandon W. Phelps
  4/15/2003HouseAdded Alternate Co-Sponsor Rep. Kathleen A. Ryg
  4/15/2003HouseAdded Alternate Chief Co-Sponsor Rep. Cynthia Soto
  4/15/2003HouseAdded Alternate Co-Sponsor Rep. Patricia R. Bellock
  4/15/2003HouseAdded Alternate Co-Sponsor Rep. Mary K. O'Brien
  4/16/2003HouseDo Pass / Short Debate Labor Committee; 011-001-002
  4/16/2003HousePlaced on Calendar 2nd Reading - Short Debate
  4/16/2003HouseAdded Alternate Co-Sponsor Rep. Gary Forby
  5/1/2003HouseSecond Reading - Short Debate
  5/1/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/1/2003HouseAdded Alternate Co-Sponsor Rep. Karen A. Yarbrough
  5/7/2003HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  5/7/2003HouseAdded Alternate Co-Sponsor Rep. Deborah L. Graham
  5/7/2003HouseThird Reading - Short Debate - Passed 112-003-001
  5/7/2003SenatePassed Both Houses
  5/7/2003HouseAdded Alternate Co-Sponsor Rep. Karen May
  5/7/2003HouseAdded Alternate Co-Sponsor Rep. John A. Fritchey
  5/7/2003HouseAdded Alternate Co-Sponsor Rep. Rosemary Mulligan
  5/7/2003HouseAdded Alternate Co-Sponsor Rep. Elizabeth Coulson
  5/7/2003HouseAdded Alternate Co-Sponsor Rep. Sandra M. Pihos
  5/9/2003SenateSent to the Governor
  5/11/2003SenateGovernor Approved
  5/11/2003SenateEffective Date January 1, 2004
  5/11/2003SenatePublic Act . . . . . . . . . 93-0006

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