SB2399sam001 99TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 4/12/2016

09900SB2399sam001 LRB099 17224 HLH 47243 a

AMENDMENT TO SENATE BILL 2399

AMENDMENT NO. ______. Amend Senate Bill 2399 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Chicago Local Government Vendor Diversity Act.

Section 5. Definitions.

"Governmental participant" means a non-home rule unit of local government located in whole or in part within a municipality with more than 1,000,000 inhabitants, a school district located in whole or in part within a municipality with more than 1,000,000 inhabitants, a non-home rule political subdivision located in whole or in part within a municipality with more than 1,000,000 inhabitants, a public housing authority located in whole or in part within a municipality with more than 1,000,000 inhabitants, a public employee pension fund that has a principal place of business in a municipality with more than 1,000,000 inhabitants, and a defined contribution plan serving public employees that has a principal place of business in a municipality with more than 1,000,000 inhabitants; the term "governmental participant" specifically includes, but is not limited to, the Metropolitan Pier and Exposition Authority, the Metropolitan Water Reclamation District, the Chicago Park District, the Regional Transportation Authority and each of its service boards, and the Chicago Housing Authority.

"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).

(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).

"Professional" means: (1) any employee engaged in work that (i) is predominantly intellectual and varied in character, (ii) involves the consistent exercise of discretion and judgment in its performance, (iii) is of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time, and (iv) requires advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning; or (2) any employee who has completed the courses of specialized intellectual instruction and study described in this paragraph and is performing related work under the supervision of a professional to qualify to become a professional.

"Vendor" means any law firm, financial advisor, municipal advisor, bank, trustee, verification agent, fund manager, asset manager, institutional investment manager, fund consultant or underwriter that provides any professional service to any governmental participant (as defined hereafter) in connection with debt obligation transactions, auditing, financial services, asset management services, or brokerage services.

"Woman" means a person who is a citizen or lawful permanent resident of the United States and who is of the female gender.

Section 10. Reporting requirements.

(a) Each governmental participant who contracts with a vendor shall obtain from each such vendor (i) a front-end report of professionals as provided in subsection (b) and (ii) a supplemental report of professionals as provided in subsection (c).

(b) Each vendor shall accurately submit, at the time of executing the contract with the governmental participant, a front-end report containing the following information:

(1) the total number of professionals who are expected to participate in the performance required under the contract who are minority persons, women, or both; the information under this paragraph shall be sorted by race, ethnic background, and gender;

(2) the total number of professionals who are expected to participate in the performance required under the contract; and

(3) the position and job title of each professional who is expected to participate in the performance required under the contract; the information under this paragraph shall be sorted by race, ethnic background, and gender.

(c) Within 30 days after the completion of performance under the contract, the vendor shall file with the governmental participant a supplemental report containing the following information:

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

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

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

(d) The reports required under this Section shall be submitted in the form and manner required by the governmental participant.

(e) A governmental participant may grant extensions of the time to file a report for good cause shown.

Section 15. Vendors; eligibility to do business. A governmental participant may provide that a vendor is ineligible to do business with that governmental participant if the vendor fails to file a report under Section 10 with any governmental participant.

Section 20. Quarterly report. Each governmental participant shall create a quarterly report summarizing all collected data, vendor forms, information, and reports, together with a list of vendors who failed to comply, and shall display that information prominently on its website if the governmental participant maintains a website. Each governmental participant must deliver a copy of the report to the Finance Committee of the City Council of the City of Chicago.

Section 99. Effective date. This Act takes effect January 1, 2017.".