97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0104

 

Introduced 1/12/2011, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 5/5-15  was 20 ILCS 5/3
20 ILCS 5/5-20  was 20 ILCS 5/4
20 ILCS 5/5-195 new
20 ILCS 5/5-425 new
30 ILCS 575/5  from Ch. 127, par. 132.605

    Creates the Department of Minority and Women Inclusion Act. Creates the Department of Minority and Women Inclusion as a department of State government. Provides that the Department shall be responsible for all matters of the State Executive Branch agencies relating to diversity in management, employment, and business activities. Provides that the Governor shall appoint a Director as the head of the Department and that the Director shall develop standards for the following: (1) equal employment opportunity and the racial, ethnic, and gender diversity of the workforce and senior management of each State Executive Branch agency; (2) increased participation of minority-owned and women-owned businesses in the programs and contracts of each State Executive Branch agency; and (3) assessing the diversity policies and practices of entities regulated by each State Executive Branch agency. Amends the Civil Administrative Code of Illinois to make conforming changes. Amends the Business Enterprise for Minorities, Females, and Persons with Disabilities Act to provide that the Department of Minority and Women Inclusion shall monitor the activities of the Business Enterprise Council for Minorities, Females, and Persons with Disabilities. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Department of Minority and Women Inclusion Act.
 
6    Section 5. Purpose. The purpose of this Act is to provide
7for diversity in the employment, management, and business
8activities of State Executive Branch agencies and to increase
9the level of participation by minorities and women in such
10employment, management, and business activities.
 
11    Section 10. Definitions. In this Act:
12    "Department" means the Department of Minority and Women
13Inclusion.
14    "Director" means the Director of Minority and Women
15Inclusion.
16    "Minority person" means a person who is a citizen or lawful
17permanent resident of the United States and who is:
18        (1) African American (a person having origins in any of
19    the black racial groups in Africa);
20        (2) Hispanic (a person of Spanish or Portuguese culture
21    with origins in Mexico, South or Central America, or the
22    Caribbean Islands, regardless of race);

 

 

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1        (3) Asian American (a person having origins in any of
2    the original peoples of the Far East, Southeast Asia, the
3    Indian Subcontinent or the Pacific Islands); or
4        (4) Native American or Alaskan Native (a person having
5    origins in any of the original peoples of North America).
6    "Minority-owned business" means a business concern (i)
7which is at least 51% owned by one or more minority persons,
8or, in the case of a corporation, at least 51% of the stock in
9which is owned by one or more minority persons, and (ii) the
10management and daily business operations of which are
11controlled by one or more of the minority individuals who own
12it.
13    "State Executive Branch agency" means each State agency,
14department, board, and commission directly responsible to the
15Governor. The term does not include any State university.
16    "Woman" means a person who is a citizen or lawful permanent
17resident of the United States and who is of the female gender.
18    "Women-owned business" means a business concern (i) which
19is at least 51% owned by one or more women, or, in the case of a
20corporation, at least 51% of the stock in which is owned by one
21or more women, and (ii) the management and daily business
22operations of which are controlled by one or more of the women
23who own it.
 
24    Section 15. Creation of Department; Director.
25    (a) The Department of Minority and Women Inclusion is

 

 

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1created as a department of State government. The Department
2shall be responsible for all matters of the State Executive
3Branch agencies relating to diversity in management,
4employment, and business activities. The Department shall
5monitor the activities of the Business Enterprise Council for
6Minorities, Females, and Persons with Disabilities created
7under the Business Enterprise for Minorities, Females, and
8Persons with Disabilities Act.
9    (b) The Governor shall appoint the Director as the head of
10the Department.
 
11    Section 20. Director's duties.
12    (a) The Director shall develop standards for the following:
13        (1) Equal employment opportunity and the racial,
14    ethnic, and gender diversity of the workforce and senior
15    management of each State Executive Branch agency.
16        (2) Increased participation of minority-owned and
17    women-owned businesses in the programs and contracts of
18    each State Executive Branch agency, including standards
19    for coordinating technical assistance to such businesses.
20        (3) Assessing the diversity policies and practices of
21    entities regulated by each State Executive Branch agency.
22    (b) The Director shall develop and implement standards and
23procedures to ensure, to the maximum extent possible, the fair
24inclusion and utilization of minority persons, women, and
25minority-owned and women-owned businesses in all business and

 

 

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1activities of each State Executive Branch agency at all levels,
2including in procurement, insurance, and all types of
3contracts.
4    (c) The Director shall ensure that each State Executive
5Branch agency establishes procedures for review and evaluation
6of contract proposals and for hiring service providers that
7include, to the extent consistent with applicable law, a
8component that gives consideration to the diversity of the
9applicant. The procedures shall include a written statement, in
10the form and with the content prescribed by the Director, that
11a contractor shall ensure, to the maximum extent possible, the
12fair inclusion of women and minority persons in the workforce
13of the contractor and, as applicable, subcontractors.
14    (d) The standards and procedures developed and implemented
15under this Section shall include a procedure for the Director
16to determine whether a State Executive Branch agency contractor
17or subcontractor has failed to make a good faith effort to
18include minority persons and women in its workforce. If the
19Director determines that a State Executive Branch agency
20contractor or subcontractor has failed to make a good faith
21effort to include minority persons and women in its workforce,
22the Director shall recommend to the head of the State Executive
23Branch agency that the contract be terminated. Upon receiving
24such a recommendation from the Director, the head of the
25affected agency may terminate the contract or take other
26appropriate action.
 

 

 

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1    Section 25. Diversity in agency workforce. The Director
2shall ensure that each State Executive Branch agency takes
3affirmative steps to seek diversity in the workforce of the
4agency at all levels of the agency in a manner consistent with
5applicable law. These steps shall include the following:
6        (1) Recruiting at historically black colleges and
7    universities, Hispanic-serving institutions, women's
8    colleges, and colleges that typically serve majority
9    minority populations.
10        (2) Sponsoring and recruiting at job fairs in urban
11    communities.
12        (3) Placing employment advertisements in newspapers
13    and magazines oriented toward minorities and women.
14        (4) Partnering with organizations that are focused on
15    developing opportunities for minorities and women to place
16    talented young minority persons and women in industry
17    internships, summer employment, and full-time positions.
18        (5) When feasible, partnering with inner-city high
19    schools, girls' high schools, and high schools with
20    majority minority populations to establish or enhance
21    economic literacy programs and provide mentoring.
22        (6) Producing any other mass media communications that
23    the Director deems necessary.
 
24    Section 30. Application of Act. This Act applies to all

 

 

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1contracts of a State Executive Branch agency for services of
2any kind and for all business and activities of the agency,
3including contracts for implementing the agency's programs.
4The requirements of this Act are in addition to the
5requirements of the Business Enterprise for Minorities,
6Females, and Persons with Disabilities Act and all other
7applicable laws.
 
8    Section 35. Reports. Each year, on or before March 1, the
9Director shall report the following to the Governor and the
10General Assembly for the preceding calendar year:
11        (1) A statement of the total amounts paid by each State
12    Executive Branch agency to contractors since the previous
13    report.
14        (2) The percentage of the amounts described in
15    paragraph (1) that were paid to minority-owned and
16    women-owned businesses.
17        (3) The successes achieved and the challenges faced by
18    each State Executive Branch agency in operating minority
19    and women outreach programs.
20        (4) The challenges each State Executive Branch agency
21    may face in hiring qualified minority and women employees
22    and contracting with qualified minority-owned and
23    women-owned businesses.
24        (5) Any other information, findings, conclusions, and
25    recommendations for legislative or agency action, as the

 

 

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1    Director deems appropriate.
 
2    Section 90. The Civil Administrative Code of Illinois is
3amended by changing Sections 5-15 and 5-20 and by adding
4Sections 5-195 and 5-425 as follows:
 
5    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
6    Sec. 5-15. Departments of State government. The
7Departments of State government are created as follows:
8    The Department on Aging.
9    The Department of Agriculture.
10    The Department of Central Management Services.
11    The Department of Children and Family Services.
12    The Department of Commerce and Economic Opportunity.
13    The Department of Corrections.
14    The Department of Employment Security.
15    The Illinois Emergency Management Agency.
16    The Department of Financial and Professional Regulation.
17    The Department of Healthcare and Family Services.
18    The Department of Human Rights.
19    The Department of Human Services.
20    The Illinois Power Agency.
21    The Department of Juvenile Justice.
22    The Department of Labor.
23    The Department of the Lottery.
24    The Department of Minority and Women Inclusion.

 

 

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1    The Department of Natural Resources.
2    The Department of Public Health.
3    The Department of Revenue.
4    The Department of State Police.
5    The Department of Transportation.
6    The Department of Veterans' Affairs.
7(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
895-777, eff. 8-4-08; 96-328, eff. 8-11-09.)
 
9    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)
10    Sec. 5-20. Heads of departments. Each department shall have
11an officer as its head who shall be known as director or
12secretary and who shall, subject to the provisions of the Civil
13Administrative Code of Illinois, execute the powers and
14discharge the duties vested by law in his or her respective
15department.
16    The following officers are hereby created:
17    Director of Aging, for the Department on Aging.
18    Director of Agriculture, for the Department of
19Agriculture.
20    Director of Central Management Services, for the
21Department of Central Management Services.
22    Director of Children and Family Services, for the
23Department of Children and Family Services.
24    Director of Commerce and Economic Opportunity, for the
25Department of Commerce and Economic Opportunity.

 

 

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1    Director of Corrections, for the Department of
2Corrections.
3    Director of the Illinois Emergency Management Agency, for
4the Illinois Emergency Management Agency.
5    Director of Employment Security, for the Department of
6Employment Security.
7    Secretary of Financial and Professional Regulation, for
8the Department of Financial and Professional Regulation.
9    Director of Healthcare and Family Services, for the
10Department of Healthcare and Family Services.
11    Director of Human Rights, for the Department of Human
12Rights.
13    Secretary of Human Services, for the Department of Human
14Services.
15    Director of the Illinois Power Agency, for the Illinois
16Power Agency.
17    Director of Juvenile Justice, for the Department of
18Juvenile Justice.
19    Director of Labor, for the Department of Labor.
20    Director of the Lottery, for the Department of the Lottery.
21    Director of Minority and Women Inclusion, for the
22Department of Minority and Women Inclusion.
23    Director of Natural Resources, for the Department of
24Natural Resources.
25    Director of Public Health, for the Department of Public
26Health.

 

 

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1    Director of Revenue, for the Department of Revenue.
2    Director of State Police, for the Department of State
3Police.
4    Secretary of Transportation, for the Department of
5Transportation.
6    Director of Veterans' Affairs, for the Department of
7Veterans' Affairs.
8(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
995-777, eff. 8-4-08; 96-328, eff. 8-11-09.)
 
10    (20 ILCS 5/5-195 new)
11    Sec. 5-195. In the Department of Minority and Women
12Inclusion. Assistant Director of Minority and Women Inclusion.
 
13    (20 ILCS 5/5-425 new)
14    Sec. 5-425. In the Department of Minority and Women
15Inclusion. The Director of Minority and Women Inclusion shall
16receive an annual salary as set by the Governor from time to
17time or as set by the Compensation Review Board, whichever is
18greater.
 
19    Section 92. The Business Enterprise for Minorities,
20Females, and Persons with Disabilities Act is amended by
21changing Section 5 as follows:
 
22    (30 ILCS 575/5)  (from Ch. 127, par. 132.605)

 

 

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1    (Section scheduled to be repealed on June 30, 2012)
2    Sec. 5. Business Enterprise Council.
3    (1) To help implement, monitor and enforce the goals of
4this Act, there is created the Business Enterprise Council for
5Minorities, Females, and Persons with Disabilities,
6hereinafter referred to as the Council, composed of the
7Secretary of Human Services and the Directors of the Department
8of Human Rights, the Department of Commerce and Economic
9Opportunity, the Department of Central Management Services,
10the Department of Transportation and the Capital Development
11Board, or their duly appointed representatives. Ten
12individuals representing businesses that are minority or
13female owned or owned by persons with disabilities, 2
14individuals representing the business community, and a
15representative of public universities shall be appointed by the
16Governor. These members shall serve 2 year terms and shall be
17eligible for reappointment. Any vacancy occurring on the
18Council shall also be filled by the Governor. Any member
19appointed to fill a vacancy occurring prior to the expiration
20of the term for which his predecessor was appointed shall be
21appointed for the remainder of such term. Members of the
22Council shall serve without compensation but shall be
23reimbursed for any ordinary and necessary expenses incurred in
24the performance of their duties.
25    The Director of the Department of Central Management
26Services shall serve as the Council chairperson and shall

 

 

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1select, subject to approval of the council, a Secretary
2responsible for the operation of the program who shall serve as
3the Division Manager of the Business Enterprise for Minorities,
4Females, and Persons with Disabilities Division of the
5Department of Central Management Services.
6    The Director of each State agency and the chief executive
7officer of each State university shall appoint a liaison to the
8Council. The liaison shall be responsible for submitting to the
9Council any reports and documents necessary under this Act.
10    (2) The Council's authority and responsibility shall be to:
11        (a) Devise a certification procedure to assure that
12    businesses taking advantage of this Act are legitimately
13    classified as businesses owned by minorities, females, or
14    persons with disabilities.
15        (b) Maintain a list of all businesses legitimately
16    classified as businesses owned by minorities, females, or
17    persons with disabilities to provide to State agencies and
18    State universities.
19        (c) Review rules and regulations for the
20    implementation of the program for businesses owned by
21    minorities, females, and persons with disabilities.
22        (d) Review compliance plans submitted by each State
23    agency and State university pursuant to this Act.
24        (e) Make annual reports as provided in Section 8f to
25    the Governor and the General Assembly on the status of the
26    program.

 

 

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1        (f) Serve as a central clearinghouse for information on
2    State contracts, including the maintenance of a list of all
3    pending State contracts upon which businesses owned by
4    minorities, females, and persons with disabilities may
5    bid. At the Council's discretion, maintenance of the list
6    may include 24-hour electronic access to the list along
7    with the bid and application information.
8        (g) Establish a toll free telephone number to
9    facilitate information requests concerning the
10    certification process and pending contracts.
11    (3) No premium bond rate of a surety company for a bond
12required of a business owned by a minority, female, or person
13with a disability bidding for a State contract shall be higher
14than the lowest rate charged by that surety company for a
15similar bond in the same classification of work that would be
16written for a business not owned by a minority, female, or
17person with a disability.
18    (4) Any Council member who has direct financial or personal
19interest in any measure pending before the Council shall
20disclose this fact to the Council and refrain from
21participating in the determination upon such measure.
22    (5) The Secretary shall have the following duties and
23responsibilities:
24        (a) To be responsible for the day-to-day operation of
25    the Council.
26        (b) To serve as a coordinator for all of the State's

 

 

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1    programs for businesses owned by minorities, females, and
2    persons with disabilities and as the information and
3    referral center for all State initiatives for businesses
4    owned by minorities, females, and persons with
5    disabilities.
6        (c) To establish an enforcement procedure whereby the
7    Council may recommend to the appropriate State legal
8    officer that the State exercise its legal remedies which
9    shall include (1) termination of the contract involved, (2)
10    prohibition of participation by the respondent in public
11    contracts for a period not to exceed one year, (3)
12    imposition of a penalty not to exceed any profit acquired
13    as a result of violation, or (4) any combination thereof.
14    Such procedures shall require prior approval by Council.
15        (d) To devise appropriate policies, regulations and
16    procedures for including participation by businesses owned
17    by minorities, females, and persons with disabilities as
18    prime contractors including, but not limited to, (i)
19    encouraging the inclusions of qualified businesses owned
20    by minorities, females, and persons with disabilities on
21    solicitation lists, (ii) investigating the potential of
22    blanket bonding programs for small construction jobs,
23    (iii) investigating and making recommendations concerning
24    the use of the sheltered market process.
25        (e) To devise procedures for the waiver of the
26    participation goals in appropriate circumstances.

 

 

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1        (f) To accept donations and, with the approval of the
2    Council or the Director of Central Management Services,
3    grants related to the purposes of this Act; to conduct
4    seminars related to the purpose of this Act and to charge
5    reasonable registration fees; and to sell directories,
6    vendor lists and other such information to interested
7    parties, except that forms necessary to become eligible for
8    the program shall be provided free of charge to a business
9    or individual applying for the program.
10    (6) The Department of Minority and Women Inclusion shall
11monitor the Council's activities, as provided in the Department
12of Minority and Women Inclusion Act.
13(Source: P.A. 94-793, eff. 5-19-06.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.