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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Higher | |||||||||||||||||||||||||||||
5 | Education Supplier Diversity Act. | |||||||||||||||||||||||||||||
6 | Section 5. Higher education supplier diversity report. | |||||||||||||||||||||||||||||
7 | Every private institution of higher education approved by the | |||||||||||||||||||||||||||||
8 | Illinois Student Assistance Commission for the purposes of the | |||||||||||||||||||||||||||||
9 | Monetary Award Program shall submit a report on its voluntary | |||||||||||||||||||||||||||||
10 | supplier diversity program to the Department of Commerce and | |||||||||||||||||||||||||||||
11 | Economic Opportunity in the form and manner required by the | |||||||||||||||||||||||||||||
12 | Department of Commerce and Economic Opportunity by April 1 of | |||||||||||||||||||||||||||||
13 | every year. | |||||||||||||||||||||||||||||
14 | (20 ILCS 405/405-530 rep.) | |||||||||||||||||||||||||||||
15 | Section 100. The Department of Central Management Services | |||||||||||||||||||||||||||||
16 | Law of the
Civil Administrative Code of Illinois is amended by | |||||||||||||||||||||||||||||
17 | repealing Section 405-530. | |||||||||||||||||||||||||||||
18 | Section 105. The Department of Commerce and Economic | |||||||||||||||||||||||||||||
19 | Opportunity Law of the
Civil Administrative Code of Illinois is | |||||||||||||||||||||||||||||
20 | amended by adding Section 605-1055 as follows: |
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1 | (20 ILCS 605/605-1055 new) | ||||||
2 | Sec. 605-1055. Office of Diversity and Economic Inclusion. | ||||||
3 | (a) As used in this Section: | ||||||
4 | "Diverse business" means: | ||||||
5 | (1) a minority-owned business, as defined by Section 2 | ||||||
6 | of the Business Enterprise for Minorities, Women, and | ||||||
7 | Persons with Disabilities Act; | ||||||
8 | (2) a women-owned business, as defined by Section 2 of | ||||||
9 | the Business Enterprise for Minorities, Women, and Persons | ||||||
10 | with Disabilities Act; | ||||||
11 | (3) a business owned by a person with a disability, as | ||||||
12 | defined by Section 2 of the Business Enterprise for | ||||||
13 | Minorities, Women, Persons with Disabilities Act; | ||||||
14 | (4) a veteran-owned business; or | ||||||
15 | (5) a business that is at least 51% owned and | ||||||
16 | controlled by one or more socially disadvantaged or | ||||||
17 | economically disadvantaged persons, as the Department | ||||||
18 | shall by rule determine. | ||||||
19 | "Economically disadvantaged person" means a person whose | ||||||
20 | ability to compete in the free enterprise system has been | ||||||
21 | impaired due to diminished capital and credit opportunities | ||||||
22 | because of his or her identity as a member of a group, without | ||||||
23 | regard to his or her individual qualities, as compared to | ||||||
24 | others in the same line of business and competitive market | ||||||
25 | area. | ||||||
26 | "Socially disadvantaged person" means a person who has been |
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1 | subjected to cultural, racial, or ethnic prejudice because of | ||||||
2 | his or her identity as a member of a group, without regard to | ||||||
3 | his or her individual qualities. | ||||||
4 | "Veteran-owned business" means a business owned by a | ||||||
5 | veteran, as that term is defined under Section 45-57 of the | ||||||
6 | Illinois Procurement Code. | ||||||
7 | (b) The Office of Diversity and Economic Inclusion is | ||||||
8 | hereby created within the Department. The Office shall assist | ||||||
9 | diverse businesses through targeted programs, matchmaking | ||||||
10 | workshops, resources, and outreach and promotional activities. | ||||||
11 | The Office shall engage in or conduct the following activities: | ||||||
12 | (1) promoting and conducting outreach efforts with | ||||||
13 | respect to the making of small business loans pursuant to | ||||||
14 | Section 9-4.3 of the Build Illinois Act and assisting | ||||||
15 | eligible diverse business under Section 9-4.3 of the Build | ||||||
16 | Illinois Act apply for loan funding; | ||||||
17 | (2) providing and hosting workshops and public forums | ||||||
18 | and engaging in outreach efforts for diverse businesses to | ||||||
19 | encourage participation in programs authorized by the | ||||||
20 | Business Enterprise for Minorities, Women, and Persons | ||||||
21 | with Disabilities Act and the Illinois Procurement Code; | ||||||
22 | (3) providing and hosting workshops and public forums | ||||||
23 | and engaging in outreach efforts that assist and educate | ||||||
24 | diverse businesses on the process of applying for and | ||||||
25 | becoming certified to apply for State grant funds under the | ||||||
26 | Grant Accountability and Transparency Act; |
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1 | (4) providing and hosting workshops and public forums | ||||||
2 | and engaging in outreach efforts to assist and educate | ||||||
3 | aspiring and existing diverse businesses in understanding | ||||||
4 | concepts such as, but not limited to, business formation, | ||||||
5 | business planning, capital access, and marketing a | ||||||
6 | business; and | ||||||
7 | (5) conduct matchmaking workshops for established | ||||||
8 | businesses to connect with industries that report their | ||||||
9 | voluntary supplier diversity programs to State agencies | ||||||
10 | for the purpose of assisting diverse businesses to secure | ||||||
11 | additional contractual opportunities from each industry. | ||||||
12 | (c) The Office shall administer programs established by the | ||||||
13 | Department, the General Assembly, or both, and may provide | ||||||
14 | grants to diverse businesses. The Office may establish | ||||||
15 | applications, notifications, contracts, and other forms or | ||||||
16 | procedures and may use vendors or contract work to carry out | ||||||
17 | the purposes of this Act. The Office may coordinate assistance | ||||||
18 | for businesses with other State agencies. | ||||||
19 | (d) The Department shall provide staff, administrative | ||||||
20 | support, and related support to the Office as required to | ||||||
21 | administer this Section. | ||||||
22 | (e) By July 1, 2021, the Office shall establish a supplier | ||||||
23 | diversity program in order to facilitate and encourage the | ||||||
24 | growth of supplier diversity, and shall have a least one | ||||||
25 | employee that serves as a supplier diversity program manager | ||||||
26 | to: (1) collect reports and information concerning entities |
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1 | that manage supplier diversity programs, and publish the | ||||||
2 | reports and information on the website of the Department; and | ||||||
3 | (2) conduct workshops focused on specific industries to | ||||||
4 | collaboratively connect diverse enterprises with entities that | ||||||
5 | manage supplier diversity programs. | ||||||
6 | (f) The Office shall hold matchmaking workshops to help | ||||||
7 | connect diverse enterprises with industries that report on | ||||||
8 | their voluntary supplier diversity programs. These workshops | ||||||
9 | shall be held at least once per quarter and each shall focus on | ||||||
10 | a particular industry that files supplier diversity reports. | ||||||
11 | Each matchmaking workshop for each industry shall be held on an | ||||||
12 | annual basis in as close to the same month as possible. The | ||||||
13 | matchmaking workshops for each industry shall include, but not | ||||||
14 | be limited to: gaming, hospitals, public and private higher | ||||||
15 | education, insurance, health insurance companies holding | ||||||
16 | Medicaid contracts, and taxpayers receiving tax credits under | ||||||
17 | the Economic Development for a Growing Economy Act. | ||||||
18 | Participation in these matchmaking workshops shall be open to | ||||||
19 | any kind of diverse business that any company within a | ||||||
20 | particular industry recognizes and shall not be limited to | ||||||
21 | those diverse businesses certified by the State or defined by | ||||||
22 | law or rule. | ||||||
23 | (g) The Office shall compile and publish on the website of | ||||||
24 | the Department a master database consisting of the supplier | ||||||
25 | diversity reports submitted to State agencies pursuant to the | ||||||
26 | following Acts: |
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1 | (1) Section 405-530 of the Department of Central | ||||||
2 | Management Services Law of the Civil Administrative Code of | ||||||
3 | Illinois; | ||||||
4 | (2) Section 8f of the Business Enterprise for | ||||||
5 | Minorities, Women, and Persons with Disabilities Act; | ||||||
6 | (3) Section 5-57 of the Economic Development for a | ||||||
7 | Growing Economy Act; | ||||||
8 | (4) Section 5-117 of the Public Utilities Act; | ||||||
9 | (5) Section 12.2 of the Illinois Horse Racing Act of | ||||||
10 | 1975; | ||||||
11 | (6) Section 10 of the Railroad Supplier Diversity Act; | ||||||
12 | (7) Section 155.47 of the Illinois Insurance Code; and | ||||||
13 | (8) Section 5-30.13 of the Illinois Public Aid Code. | ||||||
14 | (h) The Department shall publish a template for supplier | ||||||
15 | diversity reports to be used for taxpayers receiving tax | ||||||
16 | credits under the Economic Development for a Growing Economy | ||||||
17 | Act and private higher education institutions. The template | ||||||
18 | shall include the following provisions: | ||||||
19 | (1) a point of contact for potential vendors to | ||||||
20 | register with the entity; | ||||||
21 | (2) certifications that the entity accepts or | ||||||
22 | recognizes for minority-owned and women-owned businesses; | ||||||
23 | entities may define diverse businesses in whatever manner | ||||||
24 | they choose; | ||||||
25 | (3) the voluntary supplier diversity goals, if any, of | ||||||
26 | the next fiscal year for the next fiscal year for the |
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1 | entire budget of the entity; | ||||||
2 | (4) for the last fiscal year, the actual contractual | ||||||
3 | spending for the entire budget of the entity and the actual | ||||||
4 | spending for minority-owned and-women-owned businesses, | ||||||
5 | expressed as a percentage of the total budget for actual | ||||||
6 | spending for the entity; | ||||||
7 | (5) a narrative explaining the results of the report | ||||||
8 | and the tactics to be employed to achieve the voluntary | ||||||
9 | goals for the next fiscal year; and | ||||||
10 | (6) the particular areas of spending in the next fiscal | ||||||
11 | year that the entity intends to procure that are most | ||||||
12 | relevant to minority-owned and women-owned businesses; | ||||||
13 | The Department may adopt rules necessary to implement this | ||||||
14 | Section. | ||||||
15 | Section 110. The Economic Development for a Growing Economy | ||||||
16 | Tax Credit Act is amended by changing Section 5-57 as follows: | ||||||
17 | (35 ILCS 10/5-57) | ||||||
18 | Sec. 5-57. Diversity policy Supplier diversity goals ; | ||||||
19 | reports. Each taxpayer claiming a credit under this Act shall, | ||||||
20 | no later than April 15 of each taxable year for which the | ||||||
21 | taxpayer claims a credit under this Act, submit to the | ||||||
22 | Department of Commerce and Economic Opportunity an annual | ||||||
23 | report containing the information described in subsections | ||||||
24 | (b), (c), (d), and (e) of Section 5-117 of the Public Utilities |
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1 | Act. Those reports shall be submitted in the form and manner | ||||||
2 | required by the Department of Commerce and Economic | ||||||
3 | Opportunity.
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4 | Any taxpayer seeking to claim a credit under this Act that | ||||||
5 | fails to timely submit the required report shall not receive a | ||||||
6 | credit for that taxable year unless and until such report is | ||||||
7 | finalized and submitted to the Department. | ||||||
8 | Each taxpayer claiming a credit under this Act shall, no | ||||||
9 | later than April 15 of each taxable year for which the taxpayer | ||||||
10 | claims a credit under this Act, submit to the Department an | ||||||
11 | annual report detailing the diversity of the taxpayer's own | ||||||
12 | workforce, including full-time and part-time employees, | ||||||
13 | contractors, and board members. The report shall be submitted | ||||||
14 | in the form and manner required by the Department. Any taxpayer | ||||||
15 | seeking to claim a credit under this Act that fails to timely | ||||||
16 | submit the required report shall not receive a credit for that | ||||||
17 | taxable year unless and until such report is finalized and | ||||||
18 | submitted to the Department. | ||||||
19 | (Source: P.A. 100-451, eff. 8-25-17; 100-511, eff. 9-18-17.) | ||||||
20 | Section 115. The Illinois Insurance Code is amended by | ||||||
21 | adding Section 155.47 as follows: | ||||||
22 | (215 ILCS 5/155.47 new) | ||||||
23 | Sec. 155.47. Insurance company supplier diversity report. | ||||||
24 | (a) Every company authorized to do business in this State |
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1 | or accredited by this State with assets of at least $50,000,000 | ||||||
2 | shall submit a 2-page report on its voluntary supplier | ||||||
3 | diversity program to the Department. The report shall set forth | ||||||
4 | all of the following: | ||||||
5 | (1) The name, address, phone number, and e-mail address | ||||||
6 | of the point of contact for the supplier diversity program | ||||||
7 | (or the company's procurement program if there is no | ||||||
8 | supplier diversity program) for vendors to register with | ||||||
9 | the program. | ||||||
10 | (2) Local and State certifications the company accepts | ||||||
11 | or recognizes for minority-owned, women-owned, or | ||||||
12 | veteran-owned business status. | ||||||
13 | (3) On the second page, a narrative explaining the | ||||||
14 | results of the report and the tactics to be employed to | ||||||
15 | achieve the goals of its voluntary supplier diversity | ||||||
16 | program. | ||||||
17 | (4) The voluntary goals, if any, for the calendar year | ||||||
18 | for which the report is made in each category for the | ||||||
19 | entire budget of the company and the commodity codes or a | ||||||
20 | description of particular goods and services for the area | ||||||
21 | of procurement in which the company expects most of those | ||||||
22 | goals to focus on in that year. | ||||||
23 | Each company is required to submit a searchable report, in | ||||||
24 | Portable Document Format (PDF), to the Department on or before | ||||||
25 | April 15, 2021, and on or before April 15 every year | ||||||
26 | thereafter, for the upcoming calendar year. |
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1 | (b) For each report submitted under subsection (a) of this | ||||||
2 | Section, the Department shall publish the results on its | ||||||
3 | Internet website for 5 years after submission. The Department | ||||||
4 | is not responsible for collecting the reports or for the | ||||||
5 | content of the reports. | ||||||
6 | (c) The Department shall prepare a one-page template (not | ||||||
7 | including the narrative section) for the voluntary supplier | ||||||
8 | diversity reports. | ||||||
9 | (d) The Department may adopt such rules as it deems | ||||||
10 | necessary to implement this Section. | ||||||
11 | Section 120. The Illinois Public Aid Code is amended by | ||||||
12 | renumbering Section 5-30.11 as added by Public Act 101-209 as | ||||||
13 | follows:
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14 | (305 ILCS 5/5-30.13)
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15 | Sec. 5-30.13 5-30.11 . Managed care reports; minority-owned | ||||||
16 | and women-owned businesses. Each Medicaid managed care health | ||||||
17 | plan shall submit a report to the Department by March 1, 2020, | ||||||
18 | and every March 1 thereafter, that includes the following | ||||||
19 | information: | ||||||
20 | (1) The administrative expenses paid to the Medicaid | ||||||
21 | managed care health plan. | ||||||
22 | (2) The amount of money the Medicaid managed care | ||||||
23 | health plan has spent with Business Enterprise Program | ||||||
24 | certified businesses. |
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1 | (3)
The amount of money the Medicaid managed care | ||||||
2 | health plan has spent with minority-owned and women-owned | ||||||
3 | businesses that are certified by other agencies or private | ||||||
4 | organizations. | ||||||
5 | (4)
The amount of money the Medicaid managed care | ||||||
6 | health plan has spent with not-for-profit community-based | ||||||
7 | organizations serving predominantly minority communities, | ||||||
8 | as defined by the Department. | ||||||
9 | (5) The proportion of minorities, people with | ||||||
10 | disabilities, and women that make up the staff of the | ||||||
11 | Medicaid managed care health plan. | ||||||
12 | (6)
Recommendations for increasing expenditures with | ||||||
13 | minority-owned and women-owned businesses. | ||||||
14 | (7)
A list of the types of services to which the | ||||||
15 | Medicaid managed care health plan is contemplating adding | ||||||
16 | new vendors. | ||||||
17 | (8)
The certifications the Medicaid managed care | ||||||
18 | health plan accepts for minority-owned and women-owned | ||||||
19 | businesses. | ||||||
20 | (9) The point of contact for potential vendors seeking | ||||||
21 | to do business with the Medicaid managed care health plan. | ||||||
22 | The Department shall publish the reports on its website and | ||||||
23 | shall maintain each report on its website for 5 years. In May | ||||||
24 | of 2020 and every May thereafter, the Department shall hold 2 | ||||||
25 | annual public workshops, one in Chicago and one in Springfield. | ||||||
26 | The workshops shall include each Medicaid managed care health |
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1 | plan and shall be open to vendor communities to discuss the | ||||||
2 | submitted plans and to seek to connect vendors with the | ||||||
3 | Medicaid managed care health plans.
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4 | (Source: P.A. 101-209, eff. 8-5-19; revised 10-22-19.)
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5 | Section 999. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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