SB0860sam001 102ND GENERAL ASSEMBLY

Sen. Antonio Muņoz

Filed: 4/9/2021

10200SB0860sam001 LRB102 04694 RJF 24918 a

AMENDMENT TO SENATE BILL 860

AMENDMENT NO. ______. Amend Senate Bill 860 by replacing everything after the enacting clause with the following:

"Section 5. The Commission to End Hunger Act is amended by changing Section 15 as follows:

(20 ILCS 5015/15)

Sec. 15. Members. The Commission to End Hunger shall be composed of no more than 21 voting members including 2 members of the Illinois House of Representatives, one appointed by the Speaker of the House and one appointed by the House Minority Leader; 2 members of the Illinois Senate, one appointed by the Senate President and one appointed by the Senate Minority Leader; one representative of the Office of the Governor appointed by the Governor; one representative of the Office of the Lieutenant Governor appointed by the Lieutenant Governor; and 15 public members, who shall be appointed by the Governor.

The public members shall include 2 representatives of food banks; 2 representatives from other community food assistance programs; a representative of a statewide organization focused on responding to hunger; a representative from an anti-poverty organization; a representative of an organization that serves or advocates for children and youth; a representative of an organization that serves or advocates for older adults; a representative of an organization that advocates for people who are homeless; a representative of an organization that serves or advocates for persons with disabilities; a representative of an organization that advocates for immigrants; a representative of a municipal or county government; and 3 at-large members. The appointed members shall reflect the racial, gender, and geographic diversity of the State and shall include representation from regions of the State.

The following officials shall serve as ex-officio members: the Secretary of Human Services or his or her designee; the State Superintendent of Education or his or her designee; the Director of Healthcare and Family Services or his or her designee; the Director of Children and Family Services or his or her designee; the Director of Aging or his or her designee; the Director of Natural Resources or his or her designee; and the Director of Agriculture or his or her designee. The African-American Family Commission and , the Latino Family Commission, and the Local Food, Farms, and Jobs Council shall each designate a liaison to serve ex-officio on the Commission.

Members shall serve without compensation and are responsible for the cost of all reasonable and necessary travel expenses connected to Commission business, as the State of Illinois will not reimburse Commission members for these costs.

Commission members shall be appointed within 60 days after the effective date of this Act. The Commission shall hold their initial meetings within 60 days after at least 50% of the members have been appointed.

The representative of the Office of the Governor and a representative of a food bank shall serve as co-chairs of the Commission.

At the first meeting of the Commission, the members shall select a 5-person Steering Committee that includes the co-chairs.

The Commission may establish committees that address specific issues or populations and may appoint individuals with relevant expertise who are not appointed members of the Commission to serve on committees as needed.

The Office of the Governor, or a designee of the Governor's choosing, shall provide guidance to the Commission. Under the leadership of the Office of the Governor, subject to appropriation, the Department of Human Services shall also provide leadership to support the Commission. The Department of Human Services and the State of Illinois shall not incur any costs as a result of the creation of the Commission to End Hunger as the coordination of meetings, report preparation, and other related duties will be completed by a representative of a food bank that is serving as a co-chair of the Commission.

(Source: P.A. 96-1119, eff. 7-20-10; 97-419, eff. 8-16-11.)

Section 10. The Illinois Procurement Code is amended by changing Section 55-20 as follows:

(30 ILCS 500/55-20)

Sec. 55-20. Contracts for food donation; food donation policy.

(a) After the effective date of this amendatory Act of the 99th General Assembly, a public entity shall not enter into a contract to purchase food with a bidder or offeror if the bidder's or offeror's contract terms prohibit the public entity from donating food to food banks, including, but not limited to, homeless shelters, food pantries, and soup kitchens.

(b) Each State agency that purchases food through a contract procured in accordance with entering into or maintaining a contract for the purchase of food under this Code shall adopt a policy that permits the donation of leftover food purchased with procured by State funds. The policy shall address any daily food operations run by the agency, including one-time events, and shall contain a list of nearby soup kitchens, food pantries, and other non-profit organizations where leftover food can be donated. Each State agency shall circulate its policy to all agency employees, and submit its food donation policy to the Department of Central Management Services on an annual basis beginning December 31, 2018.

(Source: P.A. 99-552, eff. 7-15-16; 100-709, eff. 8-3-18.)

Section 15. The Local Food, Farms, and Jobs Act is amended by changing Section 10 as follows:

(30 ILCS 595/10)

Sec. 10. Procurement goals for local farm or food products.

(a) In order to create, strengthen, and expand local farm and food economies throughout Illinois, it shall be the goal of this State that 20% of all food and food products purchased by State agencies and State-owned facilities, including, without limitation, facilities for persons with mental health and developmental disabilities, correctional facilities, and public universities, shall, by 2020, be local farm or food products.

(b) The State Local Food, Farms, and Jobs Council established under this Act shall support and encourage that 10% of food and food products purchased by entities funded in part or in whole by State dollars, which spend more than $25,000 per year on food or food products for its students, residents, or clients, including, without limitation, public schools, child care facilities, after-school programs, and hospitals, shall, by 2020, be local farm or food products.

(c) To meet the goals set forth in this Section, when a State contract for purchase of food or food products is to be awarded to the lowest responsible bidder, an otherwise qualified bidder who will fulfill the contract through the use of local farm or food products may be given preference over other bidders, provided that the cost included in the bid of local farm or food products is not more than 10% greater than the cost included in a bid that is not for local farm or food products.

(d) All State agencies and State-owned facilities that purchase food and food products shall, with the assistance of the Local Food, Farms, and Jobs Council, develop a system for (i) identifying the percentage of local farm or food products purchased for fiscal year 2020 2011 as the baseline; and (ii) tracking and reporting local farm or food products purchases on an annual basis.

(e) All State agencies and State-owned facilities that purchase food and food products shall publish on their applicable procurement bulletin their farm or food purchases for the recently completed fiscal year. The first published report shall be due no later than January 1, 2022 and represent fiscal year 2021 purchases. A report shall be due each January 1 thereafter and be published on a form prescribed by each applicable Chief Procurement Officer.

(Source: P.A. 96-579, eff. 8-18-09.)

(30 ILCS 595/15 rep.)

(30 ILCS 595/20 rep.)

(30 ILCS 595/25 rep.)

Section 20. The Local Food, Farms, and Jobs Act is amended by repealing Sections 15, 20, and 25.

Section 99. Effective date. This Act takes effect upon becoming law.".