HB2669ham002 99TH GENERAL ASSEMBLY

Rep. Kenneth Dunkin

Filed: 4/23/2015

09900HB2669ham002 LRB099 08034 SXM 34599 a

AMENDMENT TO HOUSE BILL 2669

AMENDMENT NO. ______. Amend House Bill 2669 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Chicago Vendor Diversity Commission 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) "Persons with disability" means a person who is a citizen or lawful resident of the United States and is a person qualifying as being disable under this subsection. "Disabled" means 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 severe disability for the purpose of the paragraph (1) if it is determined by an evaluation of rehabilitation potential to cause a comparable degree of substantial function limitation similar to the specific list of disabilities listed in paragraph (1).

(d) "Vendor" means any law firm, financial advisor, bank, asset manager, underwriter or borrower that: (i) has debt issued on its behalf; or (ii) provides any professional service to any governmental participant in connection with debt obligation transactions, auditing, banking services, asset management services, or brokerage services.

(e) "Governmental participant" means any State agency or State authority under the Governor that issues bonds, notes, or other evidences of indebtedness, State university, sanitary district, special district, non-home rule unit of local government, pension fund, or defined contribution plan that: (i) awards contracts to vendors, and (ii) whose principle place of business is located in a municipality of more than 1,000,000 inhabitants. "Government participant" does not include the General Assembly, judicial courts, or other executive offices.

(f) "Commission" means the Vendor Diversity Commission.

Section 10. Vendor Diversity Commission.

(a) There is created the Vendor Diversity Commission to promote and encourage the open access in the awarding of governmental contracts to businesses with diverse hiring practices. The State of Illinois further declares that it is the public policy of this State to promote and encourage the continuous economic development of businesses that hire and promote minorities. For this purpose, the Commission shall have the express authority to oversee all aspects of the diversity reporting initiative created by this Act. The Commission may adopt rules to fulfill its responsibilities under the Act. The Commission may seek administrative support from the Department of Central Management Services.

(b) The Commission shall be comprised of the following members serving without compensation:

(1) three members of the House of Representatives, appointed by the Speaker of the House of Representatives;

(2) three members of the Senate, appointed by the President of the Senate; and

(3) three members appointed by the Governor.

(c) The Speaker of the House of Representatives, the President of the Senate, and the Governor shall each make his or her appointments to the Commission within 45 days after the effective date of this Act.

(d) No more than 6 members of the Commission shall be affiliated with the same political party.

(e) Meetings. As soon as practicable after the members of the Commission have been appointed, the members shall meet and select a chairperson and a secretary. The initial chairperson and secretary and their successors shall be selected by the Commission from among its members for a term of 2 years or for the remainder of their term of office as a member of the Commission, whichever is the shorter. The Commission shall comply with all aspects of the Illinois Open Meetings Act. The Commission shall hold regular quarterly meetings and such other meetings as may be called by the chairperson.

(f) Investigations by Commission. The Commission shall investigate the enforcement of this Act and rules made under this Act.

Section 15. Reporting Requirements.

(a) The Commission shall produce two forms requesting from vendors demographic information of those who will participate in the performance required under the contract: a front-end report of professionals, and a supplemental report of professionals. The vendor shall accurately report and file with the Commission both the front-end report upon receipt of the contract and the supplemental report upon completion of the contract.

(b) All vendors shall, at the time of executing the contract, complete the front-end form and submit the form to the Commission. The vendor shall disclose to the Commission those who are expected to participate in the performance of the contract and shall provide within the front-end report the following of each such person:

(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 Commission a supplemental report stating the following:

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

(2) the racial and ethnic background of each professional who participated in the performance required under the contract; and

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

(d) Any vendor that fails to comply with this reporting requirement shall be declared ineligible to do any business with or provide any services to any governmental participant.

(e) The Commission shall compile data collected under subsections (b) and (c) and report the same together with its findings, if any, to the General Assembly on a quarterly basis.

(f) The reporting requirements under this Act shall begin 60 days after the Commission is appointed.

Section 20. Repealer. This Act is repealed on January 1, 2025.

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