HB2924sam001 101ST GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 5/2/2019

10100HB2924sam001 LRB101 08271 HLH 59788 a

AMENDMENT TO HOUSE BILL 2924

AMENDMENT NO. ______. Amend House Bill 2924 by replacing everything after the enacting clause with the following:

"(20 ILCS 405/405-530 rep.)

Section 5. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by repealing Section 405-530.

Section 10. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by adding Sections 605-1025 and 605-1030 as follows:

(20 ILCS 605/605-1025 new)

Sec. 605-1025. Higher education supplier diversity report.

(a) Every private institution of higher education approved by the Illinois Student Assistance Commission for purposes of the Monetary Award Program shall submit a 2-page report on its voluntary supplier diversity program to the Department. The report shall set forth all of the following:

(1) The name, address, phone number, and e-mail address of the point of contact for the supplier diversity program (or the institution's procurement program if there is no supplier diversity program) for vendors to register with the program.

(2) Local and State certifications the institution accepts or recognizes for minority-owned, women-owned, or veteran-owned business status.

(3) On the second page, a narrative explaining the results of the report and the tactics to be employed to achieve the goals.

(4) The voluntary goals, if any, for either fiscal year or calendar year 2019 in each category for the entire budget of the institution (expending both public and private moneys, including any fee-supported entities) and the commodity codes or a description of particular goods and services for the area of procurement in which the institution expects most of those goals to focus on in the next year. However, a private institution of higher education may report the information under this paragraph (4) for fiscal year or calendar year 2018 instead. With respect to private institutions of higher education, beginning with the 2020 report, the actual spending for the entire budget of the institution (expending both public and private moneys, including any fee-supported entities) for minority business enterprises, women's business enterprises, and veteran-owned businesses, expressed both in actual dollars and as a percentage of the total budget of the institution. However, if a private institution of higher education elects to report the information under paragraph (3) for fiscal year or calendar year 2018 instead, then the information under this paragraph (4) must be reported beginning with the 2020 report.

Each private institution of higher education is required to submit a searchable Adobe PDF report to the Department on or before November 15, 2019 and on or before November 15 of each year thereafter. However, if a private institution of higher education elects to report the information under paragraph (3) for fiscal year or calendar year 2018 instead, then the institution is required to submit the report on or before November 15, 2019 and on or before November 15 of each year thereafter.

(b) For each report submitted under subsection (a), the Department shall publish the results on its Internet website for 5 years after submission. The Department is not responsible for collecting the reports or for the content of the reports.

(c) The Department shall hold an annual higher education supplier diversity workshop in February of 2020 and every February thereafter to discuss the reports with representatives of the institutions of higher education and vendors.

(d) The Department shall prepare a one-page template (not including the narrative section) for the voluntary supplier diversity reports.

(20 ILCS 605/605-1030 new)

Sec. 605-1030. Office of Supplier Diversity.

(a) The Office of Supplier Diversity is hereby created within the Department. The Office shall assist minority-owned businesses, women-owned businesses, and veteran-owned businesses as well as State institutions that contract with those businesses. The Office shall serve as a repository for reports and information concerning entities that manage supplier diversity programs to assist minority-owned, women-owned, and veteran-owned businesses in connecting with potential clients.

(b) The Office shall conduct public workshops focused on specific industries to collaboratively connect diverse enterprises with entities that manage supplier diversity programs. These workshops shall be modeled after Illinois Commerce Commission hearings for utilities and railroads and shall include a collaborative discussion of filed supplier diversity reports. The annual calendar for these workshops shall be as follows:

(1) Gaming, February.

(2) Hospitals, April.

(3) Public and private higher education, July.

(4) Economic Development for a Growing Economy tax credits, September.

(5) Museums and professional sports teams, November.

(c) In addition, the Department shall compile and publish on its website a master database of all points of contact for supplier diversity programs, including certifications accepted and links to the most recent supplier diversity reports submitted under:

Section 405-530 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois,

Section 5.3 of the Illinois Health Facilities Planning Act,

Section 8k of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act,

Section 5-57 of the Economic Development for a Growing Economy Tax Credit Act,

Section 5-117 of the Public Utilities Act,

Section 12.2 of the Illinois Horse Racing Act of 1975, or

Section 10 of the Railroad Supplier Diversity Act.

Section 15. The Business Enterprise for Minorities, Women, and Persons with Disabilities Act is amended by adding Section 8k as follows:

(30 ILCS 575/8k new)

Sec. 8k. Museum and sports facility diversity report.

(a) Beginning in Fiscal Year 2020 and each fiscal year thereafter, (i) any museum under the authority of a park district in a municipality having a population of 1,000,000 or more, (ii) any sports facility under the jurisdiction of the Illinois Sports Facilities Authority, and (iii) any professional sports team located in the State that had annual ticket sales of more than $20,000,000 in the previous calendar year shall submit an annual diversity report to the Department, on or before January 30, which includes information and data on diversity goals, and progress toward achieving those goals, by businesses owned by minorities, women, and persons with disabilities.

(b) The diversity report shall include the following information from the previous fiscal year:

(1) the percentage of total annual spending on contracts with businesses owned by minorities, women, and persons with disabilities;

(2) the total number of contracts awarded or let to businesses owned by minorities, women, and persons with disabilities;

(3) the type of professional service contracts awarded or let to business owned by minorities, women, and persons with disabilities, including, but not limited to, construction management, media, accounting, marketing, and public relations contracts;

(4) whether the business owned by minorities, women, or persons with disabilities is the primary entity holding the contract with the museum or sports facility or a subcontractor on a larger contract with the museum or sports facility;

(5) a narrative description of contracting diversity and equity goals and strategic plans for meeting those goals;

(6) the percentage of total annual spending in professional services with businesses owned by minorities, women, and persons with disabilities, including, but not limited to, the following professional services categories: (i) accounting; (ii) architecture and engineering; (iii) consulting; (iv) information technology; (v) insurance; (vi) financial, legal, media, construction management, and marketing services; and (vii) other professional services; and

(7) when reporting on businesses owned by minorities, the report shall include a breakdown by demographic group.

The reports shall be submitted in the format as prescribed by the Department by rule. The Department shall publish each annual report on its website. In November of each year, the Department shall transmit to the General Assembly a report including a summary of the information reported to the Department for the previous fiscal year and a cumulative summary for all previous years in which reports were filed.

(c) The Department shall hold an annual symposium on or before July 30, 2020, and on or before July 30 of every year thereafter, that is open to the public on the status of contracting diversity and equity goals, and to share best practices and to collaboratively seek solutions to structural impediments that preclude achieving those goals. Museums may hold this symposium together or separately.

(d) The Department shall publish a database on its website of the point of contact for each museum and sports facility responsible for business diversity, along with a list of certifications each recognizes for business diversity.

(e) As used in this Section, "Department" means the Department of Commerce and Economic Opportunity.

Section 20. The Economic Development for a Growing Economy Tax Credit Act is amended by changing Section 5-57 as follows:

(35 ILCS 10/5-57)

Sec. 5-57. Supplier diversity goals; reports. Each taxpayer claiming a credit under this Act shall, no later than April 15 of each taxable year for which the taxpayer claims a credit under this Act, submit to the Department of Commerce and Economic Opportunity an annual report containing the information described in subsections (b), (c), (d), and (e) of Section 5-117 of the Public Utilities Act. Those reports shall be submitted in the form and manner required by the Department of Commerce and Economic Opportunity and shall be published on the Department's website.

(Source: P.A. 100-451, eff. 8-25-17; 100-511, eff. 9-18-17.)

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