HB2669 99TH GENERAL ASSEMBLY

LRB099 08034 SXM 28178 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2669

Introduced , by Rep. Kenneth Dunkin

SYNOPSIS AS INTRODUCED:

New Act

Creates the Diversity Disclosures Mechanisms for Vendors Act. Defines relevant terms. Authorizes the Department of Central Management Services to create and administer a diversity reporting initiative. Permits the Department to produce a front-end report and supplemental report requesting the racial and ethic background of all employees employed by any vendor. Requires vendors to complete and submit to the Department the front-end report at the time of the execution of the contract, and the supplemental report after the completion of the performance required under the contract.

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Diversity Disclosures Mechanisms for Vendors Act.

Section 5. Definitions. For the purposes of this Act:

(a) "Minority person" means a person who is a citizen or lawful permanent resident of the United States and who is any of the following:

(1) American Indian or Alaska Native (a person having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).

(2) Asian (a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).

(3) Black or African-American (a person having origins in any of the black racial groups of Africa). Terms such as "Haitian" or "Negro" can be used in addition to "Black or African-American".

(4) Hispanic or Latino (a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).

(5) Native Hawaiian or Other Pacific Islander (a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).

(b) "Female" shall mean a person who is a citizen or lawful permanent resident of the United States and who is of the female gender.

(c) "Person with a disability" means a person who is a citizen or lawful resident of the United States and is a person qualifying as being disabled under this subsection. "Disabled" means a severe physical or mental disability that:

(1) results from: amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, Crohn's disease, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, an intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders, including stroke and epilepsy, paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, ulcerative colitis, specific learning disabilities, or end stage renal failure disease; and

(2) substantially limits one or more of the person's major life activities. Another disability or combination of disabilities may also be considered as a severe disability for the purposes of paragraph (1) if it is determined by an evaluation of rehabilitation potential to cause a comparable degree of substantial functional limitation similar to the specific list of disabilities listed in paragraph (1).

(d) "Vendor" means any individual or entity doing business with, or providing services to, the State or any unit of local government.

Section 10. Purpose and reporting requirements. The General Assembly declares that it is the public policy of the State to promote and encourage the open access in the awarding of State contracts to businesses with diverse hiring practices and to minorities, within the definition of subsection (a) of Section 5. For this purpose, the Department shall create and administer a diversity reporting initiative for all vendors. The Department shall adopt rules to carry out the purposes of this Act, which shall require all vendors to report to the Department.

(a) The Department shall produce two forms requesting demographic information of all employees employed by vendors: a front-end report of employees, and a supplemental report of employees. The vendor shall accurately report and file both the front-end report and the supplemental report with the Department.

(b) All vendors shall, at the time of executing the contract, complete the front-end form and submit the form to the Department. The vendor shall disclose to the Department who is employed by the vendor and who is expected to participate in the performance of the contract. All vendors must provide the following information on all of its employees, including management and staff, within the front-end report:

(1) racial and ethnic background;

(2) position within the company; and

(3) title.

(c) Within 30 days after the completion of performance under the contract, the vendor shall file with the Department a supplemental report stating:

(1) the total time the vendor worked, per the terms of the contract;

(2) the racial and ethnic background of each employee, including management and staff, who is employed by the vendor and who participated in the performance required under the contract; and

(3) The amount of time spent by each such employee to work on the performance required under the contract.