Full Text of HB0445 97th General Assembly
HB0445ham001 97TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 4/1/2011
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| 1 | | AMENDMENT TO HOUSE BILL 445
| 2 | | AMENDMENT NO. ______. Amend House Bill 445 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Department of Minority and Women Inclusion Act. | 6 | | Section 5. Purpose. The purpose of this Act is to provide | 7 | | for diversity in the employment, management, and business | 8 | | activities of State Executive Branch agencies and to increase | 9 | | the level of participation by minorities and women in such | 10 | | employment, management, and business activities. | 11 | | Section 10. Definitions. In this Act: | 12 | | "Department" means the Department of Minority and Women | 13 | | Inclusion. | 14 | | "Director" means the Director of Minority and Women | 15 | | Inclusion. |
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| 1 | | "Minority person" means a person who is a citizen or lawful
| 2 | | permanent resident of the United States and who is:
| 3 | | (1) African American (a person having origins in any of | 4 | | the
black racial groups in Africa);
| 5 | | (2) Hispanic (a person of Spanish or Portuguese culture | 6 | | with origins in
Mexico, South or Central America, or the | 7 | | Caribbean Islands, regardless of
race);
| 8 | | (3) Asian American (a person having origins in any of | 9 | | the original
peoples of the Far East, Southeast Asia, the | 10 | | Indian Subcontinent, or the
Pacific Islands); or
| 11 | | (4) Native American or Alaskan Native (a person having
| 12 | | origins in any of
the original peoples of North America). | 13 | | "Minority-owned business" means a business concern (i) | 14 | | which is at least
51% owned by one or more minority persons, | 15 | | or, in the case of a
corporation, at least 51% of the stock in | 16 | | which is owned by one or
more minority persons, and (ii) the | 17 | | management and daily business operations of
which are | 18 | | controlled by one or more of the minority individuals who own | 19 | | it. | 20 | | "State Executive Branch agency" means each State agency, | 21 | | department, board, and commission directly responsible to the | 22 | | Governor. The term does not include any State university. | 23 | | "Woman" means a person who is a citizen or lawful permanent
| 24 | | resident of the United States and who is of the female gender. | 25 | | "Women-owned business" means a business concern (i) which | 26 | | is at least
51% owned by one or more women, or, in the case of a
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| 1 | | corporation, at least 51% of the stock in which is owned by one | 2 | | or
more women, and (ii) the management and daily business | 3 | | operations of
which are controlled by one or more of the women | 4 | | who own it. | 5 | | Section 15. Creation of Department; Director. | 6 | | (a) The Department of Minority and Women Inclusion is | 7 | | created as a department of State government. The Department | 8 | | shall be responsible for all matters of the State Executive | 9 | | Branch agencies relating to diversity in management, | 10 | | employment, and business activities. The Department shall | 11 | | monitor the activities of the Business Enterprise Council for
| 12 | | Minorities, Females, and Persons with Disabilities created | 13 | | under the Business Enterprise for Minorities, Females, and | 14 | | Persons with
Disabilities Act. | 15 | | (b) The Governor shall appoint the Director as the head of | 16 | | the Department. | 17 | | Section 20. Director's duties. | 18 | | (a) The Director shall develop standards for the following: | 19 | | (1) Equal employment opportunity and the racial, | 20 | | ethnic, and gender diversity of the workforce and senior | 21 | | management of each State Executive Branch agency. | 22 | | (2) Increased participation of minority-owned and | 23 | | women-owned businesses in the programs and contracts of | 24 | | each State Executive Branch agency, including standards |
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| 1 | | for coordinating technical assistance to such businesses. | 2 | | (3) Assessing the diversity policies and practices of | 3 | | entities regulated by each State Executive Branch agency. | 4 | | (b) The Director shall develop and implement standards and | 5 | | procedures to ensure, to the maximum extent possible, the fair | 6 | | inclusion and utilization of minority persons, women, and | 7 | | minority-owned and women-owned businesses in all business and | 8 | | activities of each State Executive Branch agency at all levels, | 9 | | including in procurement, insurance, and all types of | 10 | | contracts. | 11 | | (c) The Director shall ensure that each State Executive | 12 | | Branch agency establishes procedures for review and evaluation | 13 | | of contract proposals and for hiring service providers that | 14 | | include, to the extent consistent with applicable law, a | 15 | | component that gives consideration to the diversity of the | 16 | | applicant. The procedures shall include a written statement, in | 17 | | the form and with the content prescribed by the Director, that | 18 | | a contractor shall ensure, to the maximum extent possible, the | 19 | | fair inclusion of women and minority persons in the workforce | 20 | | of the contractor and, as applicable, subcontractors. | 21 | | (d) The standards and procedures developed and implemented | 22 | | under this Section shall include a procedure for the Director | 23 | | to determine whether a State Executive Branch agency contractor | 24 | | or subcontractor has failed to make a good faith effort to | 25 | | include minority persons and women in its workforce. If the | 26 | | Director determines that a State Executive Branch agency |
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| 1 | | contractor or subcontractor has failed to make a good faith | 2 | | effort to include minority persons and women in its workforce, | 3 | | the Director shall recommend to the head of the State Executive | 4 | | Branch agency that the contract be terminated. Upon receiving | 5 | | such a recommendation from the Director, the head of the | 6 | | affected agency may terminate the contract or take other | 7 | | appropriate action. | 8 | | Section 25. Diversity in agency workforce. The Director | 9 | | shall ensure that each State Executive Branch agency takes | 10 | | affirmative steps to seek diversity in the workforce of the | 11 | | agency at all levels of the agency in a manner consistent with | 12 | | applicable law. These steps shall include the following: | 13 | | (1) Recruiting at historically black colleges and | 14 | | universities, Hispanic-serving institutions, women's | 15 | | colleges, and colleges that typically serve majority | 16 | | minority populations. | 17 | | (2) Sponsoring and recruiting at job fairs in urban | 18 | | communities. | 19 | | (3) Placing employment advertisements in newspapers | 20 | | and magazines oriented toward minorities and women. | 21 | | (4) Partnering with organizations that are focused on | 22 | | developing opportunities for minorities and women to place | 23 | | talented young minority persons and women in industry | 24 | | internships, summer employment, and full-time positions. | 25 | | (5) When feasible, partnering with inner-city high |
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| 1 | | schools, girls' high schools, and high schools with | 2 | | majority minority populations to establish or enhance | 3 | | economic literacy programs and provide mentoring. | 4 | | (6) Producing any other mass media communications that | 5 | | the Director deems necessary. | 6 | | Section 30. Application of Act. This Act applies to all | 7 | | contracts of a State Executive Branch agency for services of | 8 | | any kind and for all business and activities of the agency, | 9 | | including contracts for implementing the agency's programs. | 10 | | The requirements of this Act are in addition to the | 11 | | requirements of the Business Enterprise for Minorities, | 12 | | Females, and Persons with
Disabilities Act and all other | 13 | | applicable laws. | 14 | | Section 35. Reports. Each year, on or before March 1, the | 15 | | Director shall report the following to the Governor and the | 16 | | General Assembly for the preceding calendar year: | 17 | | (1) A statement of the total amounts paid by each State | 18 | | Executive Branch agency to contractors since the previous | 19 | | report. | 20 | | (2) The percentage of the amounts described in | 21 | | paragraph (1) that were paid to minority-owned and | 22 | | women-owned businesses. | 23 | | (3) The successes achieved and the challenges faced by | 24 | | each State Executive Branch agency in operating minority |
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| 1 | | and women outreach programs. | 2 | | (4) The challenges each State Executive Branch agency | 3 | | may face in hiring qualified minority and women employees | 4 | | and contracting with qualified minority-owned and | 5 | | women-owned businesses. | 6 | | (5) Any other information, findings, conclusions, and | 7 | | recommendations for legislative or agency action, as the | 8 | | Director deems appropriate. | 9 | | Section 40. Fee; Minority and Women Inclusion Fund. A | 10 | | minority-owned or women-owned business, as certified by the | 11 | | Business Enterprise Council for Minorities, Females, and | 12 | | Persons with Disabilities under the Business Enterprise for | 13 | | Minorities, Females, and Persons with Disabilities Act, | 14 | | awarded a contract under the Illinois Procurement Code on or | 15 | | after the effective date of this amendatory Act of the 97th | 16 | | General Assembly shall pay a fee of $15. The fee shall be | 17 | | deducted by the Comptroller from the first check issued to the | 18 | | business under the contract and deposited into the Minority and | 19 | | Women Inclusion Fund, which is created as a special fund in the | 20 | | State treasury. Moneys in the fund shall be used by the | 21 | | Department, subject to appropriation, to cover expenses | 22 | | related to the administration and implementation of this Act. | 23 | | Section 90. The Civil Administrative Code of Illinois is | 24 | | amended by changing Sections 5-15 and 5-20 and by adding |
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| 1 | | Sections 5-195 and 5-425 as follows:
| 2 | | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
| 3 | | Sec. 5-15. Departments of State government. The | 4 | | Departments of
State government are created as follows:
| 5 | | The Department on Aging.
| 6 | | The Department of Agriculture.
| 7 | | The Department of Central Management Services.
| 8 | | The Department of Children and Family Services.
| 9 | | The Department of Commerce and Economic Opportunity.
| 10 | | The Department of Corrections.
| 11 | | The Department of Employment Security.
| 12 | | The Illinois Emergency Management Agency.
| 13 | | The Department of Financial and Professional Regulation.
| 14 | | The Department of Healthcare and Family Services.
| 15 | | The Department of Human Rights.
| 16 | | The Department of Human Services.
| 17 | | The Illinois Power Agency.
| 18 | | The Department of Juvenile Justice.
| 19 | | The Department of Labor.
| 20 | | The Department of the Lottery.
| 21 | | The Department of Minority and Women Inclusion. | 22 | | The Department of Natural Resources.
| 23 | | The Department of Public Health.
| 24 | | The Department of Revenue.
| 25 | | The Department of State Police.
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| 1 | | The Department of Transportation.
| 2 | | The Department of Veterans' Affairs.
| 3 | | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | 4 | | 95-777, eff. 8-4-08; 96-328, eff. 8-11-09.)
| 5 | | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
| 6 | | Sec. 5-20. Heads of departments. Each department shall have | 7 | | an
officer as its head who shall
be known as director or | 8 | | secretary and who shall, subject to the
provisions of the Civil | 9 | | Administrative Code of Illinois,
execute the powers and | 10 | | discharge the duties
vested by law in his or her respective | 11 | | department.
| 12 | | The following officers are hereby created:
| 13 | | Director of Aging, for the Department on Aging.
| 14 | | Director of Agriculture, for the Department of | 15 | | Agriculture.
| 16 | | Director of Central Management Services, for the | 17 | | Department of Central
Management Services.
| 18 | | Director of Children and Family Services, for the | 19 | | Department of Children and
Family Services.
| 20 | | Director of Commerce and Economic Opportunity, for
the | 21 | | Department of Commerce
and Economic Opportunity.
| 22 | | Director of Corrections, for the Department of | 23 | | Corrections.
| 24 | | Director of the Illinois Emergency Management Agency, for | 25 | | the Illinois Emergency Management Agency.
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| 1 | | Director of Employment Security, for the Department of | 2 | | Employment Security.
| 3 | | Secretary of Financial and Professional Regulation, for | 4 | | the Department of Financial and Professional Regulation.
| 5 | | Director of Healthcare and Family Services, for the | 6 | | Department of Healthcare and Family Services.
| 7 | | Director of Human Rights, for the Department of Human | 8 | | Rights.
| 9 | | Secretary of Human Services, for the Department of Human | 10 | | Services.
| 11 | | Director of the Illinois Power Agency, for the Illinois | 12 | | Power Agency.
| 13 | | Director of Juvenile Justice, for the Department of | 14 | | Juvenile Justice.
| 15 | | Director of Labor, for the Department of Labor.
| 16 | | Director of the Lottery, for the Department of the Lottery.
| 17 | | Director of Minority and Women Inclusion, for the | 18 | | Department of Minority and Women Inclusion. | 19 | | Director of Natural Resources, for the Department of | 20 | | Natural Resources.
| 21 | | Director of Public Health, for the Department of Public | 22 | | Health.
| 23 | | Director of Revenue, for the Department of Revenue.
| 24 | | Director of State Police, for the Department of State | 25 | | Police.
| 26 | | Secretary of Transportation, for the Department of |
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| 1 | | Transportation.
| 2 | | Director of Veterans' Affairs, for the Department of | 3 | | Veterans' Affairs.
| 4 | | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | 5 | | 95-777, eff. 8-4-08; 96-328, eff. 8-11-09.)
| 6 | | (20 ILCS 5/5-195 new) | 7 | | Sec. 5-195. In the Department of Minority and Women | 8 | | Inclusion. Assistant Director of Minority and Women Inclusion. | 9 | | (20 ILCS 5/5-425 new) | 10 | | Sec. 5-425. In the Department of Minority and Women | 11 | | Inclusion. The Director of Minority and Women Inclusion shall | 12 | | receive an annual salary as set by the Governor from time to | 13 | | time or as set by the Compensation Review Board, whichever is | 14 | | greater. | 15 | | Section 91. The State Finance Act is amended by adding | 16 | | Section 5.786 as follows: | 17 | | (30 ILCS 105/5.786 new) | 18 | | Sec. 5.786. The Minority and Women Inclusion Fund. | 19 | | Section 92. The Business Enterprise for Minorities, | 20 | | Females, and Persons with
Disabilities Act is amended by | 21 | | changing Section 5 as follows:
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| 1 | | (30 ILCS 575/5) (from Ch. 127, par. 132.605)
| 2 | | (Section scheduled to be repealed on June 30, 2012)
| 3 | | Sec. 5. Business Enterprise Council.
| 4 | | (1) To help implement, monitor and enforce the goals of | 5 | | this Act, there
is created the Business Enterprise Council for
| 6 | | Minorities, Females, and Persons with Disabilities, | 7 | | hereinafter
referred to as the Council, composed of the | 8 | | Secretary of Human Services and
the Directors of the Department | 9 | | of
Human Rights, the Department of Commerce and Economic | 10 | | Opportunity, the
Department of Central Management Services, | 11 | | the Department of Transportation and
the
Capital Development | 12 | | Board, or their duly appointed representatives. Ten
| 13 | | individuals representing businesses that are minority or | 14 | | female owned or
owned by persons with disabilities, 2 | 15 | | individuals representing the business
community, and a | 16 | | representative of public
universities shall be appointed by the | 17 | | Governor. These members shall serve 2
year terms and shall be | 18 | | eligible for reappointment. Any vacancy occurring on
the | 19 | | Council shall also be filled by the Governor. Any member | 20 | | appointed to fill
a vacancy occurring prior to the expiration | 21 | | of the term for which his
predecessor was appointed shall be | 22 | | appointed for the remainder of such term.
Members of the | 23 | | Council shall serve without compensation but shall be | 24 | | reimbursed
for any ordinary and necessary expenses incurred in | 25 | | the performance of their
duties.
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| 1 | | The Director of the Department of Central Management | 2 | | Services shall serve
as the Council chairperson and shall | 3 | | select, subject to approval of the
council, a Secretary | 4 | | responsible for the operation of the program who shall
serve as | 5 | | the Division Manager of the Business
Enterprise for Minorities, | 6 | | Females, and Persons with Disabilities Division
of the | 7 | | Department of Central Management Services.
| 8 | | The Director of each State agency and the chief executive | 9 | | officer of
each State university shall appoint a liaison to the | 10 | | Council. The liaison
shall be responsible for submitting to the | 11 | | Council any reports and
documents necessary under this Act.
| 12 | | (2) The Council's authority and responsibility shall be to:
| 13 | | (a) Devise a certification procedure to assure that | 14 | | businesses taking
advantage of this Act are legitimately | 15 | | classified as businesses owned by minorities, females, or | 16 | | persons with
disabilities.
| 17 | | (b) Maintain a list of all
businesses legitimately | 18 | | classified as businesses owned by minorities,
females, or | 19 | | persons with disabilities to provide to State agencies and | 20 | | State
universities.
| 21 | | (c) Review rules and regulations for the | 22 | | implementation of the program for businesses owned by | 23 | | minorities, females,
and persons with disabilities.
| 24 | | (d) Review compliance plans submitted by each State | 25 | | agency and State
university
pursuant to this Act.
| 26 | | (e) Make annual reports as provided in Section 8f to |
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| 1 | | the Governor and
the General Assembly on the
status of the | 2 | | program.
| 3 | | (f) Serve as a central clearinghouse for information on | 4 | | State
contracts, including the maintenance of a list of all | 5 | | pending State
contracts upon which businesses owned by | 6 | | minorities,
females, and persons with disabilities may | 7 | | bid.
At the Council's discretion, maintenance of the list | 8 | | may include 24-hour
electronic access to the list along | 9 | | with the bid and application information.
| 10 | | (g) Establish a toll free telephone number to | 11 | | facilitate information
requests concerning the | 12 | | certification process and pending contracts.
| 13 | | (3) No premium bond rate of a surety company for a bond | 14 | | required of a business owned by a minority, female, or person
| 15 | | with a disability bidding for a State contract shall be
higher | 16 | | than the lowest rate charged by that surety company for a | 17 | | similar
bond in the same classification of work that would be | 18 | | written for a business not owned by a minority,
female, or | 19 | | person with a disability.
| 20 | | (4) Any Council member who has direct financial or personal | 21 | | interest in
any measure pending before the Council shall | 22 | | disclose this fact to the
Council and refrain from | 23 | | participating in the determination upon such measure.
| 24 | | (5) The Secretary shall have the following duties and | 25 | | responsibilities:
| 26 | | (a) To be responsible for the day-to-day operation of |
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| 1 | | the Council.
| 2 | | (b) To serve as a coordinator for all of the State's | 3 | | programs for businesses owned by minorities, females,
and | 4 | | persons with disabilities and as the information and | 5 | | referral center
for all State initiatives for businesses
| 6 | | owned by minorities, females, and persons with | 7 | | disabilities.
| 8 | | (c) To establish an enforcement procedure whereby the | 9 | | Council may
recommend to the appropriate State legal | 10 | | officer that the State exercise
its legal remedies which | 11 | | shall include (1) termination of the contract
involved, (2) | 12 | | prohibition of participation by the respondent in public
| 13 | | contracts for a period not to exceed one year, (3) | 14 | | imposition of a penalty
not to exceed any profit acquired | 15 | | as a result of violation, or (4) any
combination thereof. | 16 | | Such procedures shall require prior approval by Council.
| 17 | | (d) To devise appropriate policies, regulations and | 18 | | procedures for
including participation by businesses owned
| 19 | | by minorities, females, and persons with disabilities as | 20 | | prime contractors
including, but not limited to, (i) | 21 | | encouraging the inclusions of qualified businesses owned | 22 | | by minorities, females, and
persons with disabilities on | 23 | | solicitation lists, (ii)
investigating the potential of | 24 | | blanket bonding programs for small
construction jobs, | 25 | | (iii) investigating and making recommendations
concerning | 26 | | the use of the sheltered market process.
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| 1 | | (e) To devise procedures for the waiver of the | 2 | | participation goals in
appropriate circumstances.
| 3 | | (f) To accept donations and, with the approval of the | 4 | | Council or the
Director of Central Management Services, | 5 | | grants related to the purposes of
this Act; to conduct | 6 | | seminars related to the purpose of this Act and to
charge | 7 | | reasonable registration fees; and to sell directories, | 8 | | vendor lists
and other such information to interested | 9 | | parties, except that forms
necessary to become eligible for | 10 | | the program shall be provided free of
charge to a business | 11 | | or individual applying for the program.
| 12 | | (6) The Department of Minority and Women Inclusion shall | 13 | | monitor the Council's activities, as provided in the Department | 14 | | of Minority and Women Inclusion Act. | 15 | | (Source: P.A. 94-793, eff. 5-19-06 .)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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