Full Text of HB2669 99th General Assembly
HB2669ham001 99TH GENERAL ASSEMBLY | Rep. Kenneth Dunkin Filed: 4/20/2015
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| 1 | | AMENDMENT TO HOUSE BILL 2669
| 2 | | AMENDMENT NO. ______. Amend House Bill 2669 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Chicago Vendor Diversity Commission Act. | 6 | | Section 5. Definitions. For the purposes of this Act: | 7 | | (a) "Minority person" means a person who is a citizen or | 8 | | lawful permanent resident of the United States and who is any | 9 | | of the following: | 10 | | (1) American Indian or Alaska Native (a person having | 11 | | origins in any of the original peoples of North and South | 12 | | America, including Central America, and who maintains | 13 | | tribal affiliation or community attachment). | 14 | | (2) Asian (a person having origins in any of the | 15 | | original peoples of the Far East, Southeast Asia, or the | 16 | | Indian subcontinent, including, but not limited to, |
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| 1 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 2 | | the Philippine Islands, Thailand, and Vietnam). | 3 | | (3) Black or African-American (a person having origins | 4 | | in any of the black racial groups of Africa). Terms such as | 5 | | "Haitian" or "Negro" can be used in addition to "Black or | 6 | | African-American". | 7 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 8 | | Puerto Rican, South or Central American, or other Spanish | 9 | | culture or origin, regardless of race). | 10 | | (5) Native Hawaiian or Other Pacific Islander (a person | 11 | | having origins in any of the original peoples of Hawaii, | 12 | | Guam, Samoa, or other Pacific Islands).
| 13 | | (b) "Female" shall mean a person who is a citizen or lawful | 14 | | permanent resident of the United States and who is of the | 15 | | female gender. | 16 | | (c) "Persons with disability" means a person who is a | 17 | | citizen or lawful resident of the United States and is a person | 18 | | qualifying as being disable under this subsection. "Disabled" | 19 | | means severe physical or mental disability that:
| 20 | | (1) results from: amputation, arthritis, autism, | 21 | | blindness, burn injury, cancer, cerebral palsy, Crohn's | 22 | | disease, cystic fibrosis, deafness, head injury, heart | 23 | | disease, hemiplegia, hemophilia, respiratory or pulmonary | 24 | | dysfunction, an intellectual disability, mental illness, | 25 | | multiple sclerosis, muscular dystrophy, musculoskeletal | 26 | | disorders, neurological disorders, including stroke and |
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| 1 | | epilepsy, paraplegia, quadriplegia and other spinal cord | 2 | | conditions, sickle cell anemia, ulcerative colitis, | 3 | | specific learning disabilities, or end stage renal failure | 4 | | disease; and | 5 | | (2) substantially limits one or more of the person's | 6 | | major life activities.
| 7 | | Another disability or combination of disabilities may also | 8 | | be considered as severe disability for the purpose of the | 9 | | paragraph (1) if it is determined by an evaluation of | 10 | | rehabilitation potential to cause a comparable degree of | 11 | | substantial function limitation similar to the specific list of | 12 | | disabilities listed in paragraph (1). | 13 | | (d) "Vendor" means any law firm, financial advisor, bank, | 14 | | asset manager, underwriter or borrower that: (i) has debt | 15 | | issued on its behalf; or (ii) provides any professional service | 16 | | to any governmental participant in connection with debt | 17 | | obligation transactions, auditing, banking services, asset | 18 | | management services, or brokerage services. | 19 | | (e) "Governmental participant" means any State agency or | 20 | | State authority that issues bonds, notes, or other evidences of | 21 | | indebtedness, State university, sanitary district, special | 22 | | district, non-home rule unit of local government, pension fund, | 23 | | or defined contribution plan that: (i) awards contracts to | 24 | | vendors, and (ii) whose principle place of business is located | 25 | | in a municipality of more than 1,000,000 inhabitants.
| 26 | | (f) "Commission" means the Vendor Diversity Commission. |
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| 1 | | Section 10. Vendor Diversity Commission. | 2 | | (a) There is created the Vendor Diversity Commission to | 3 | | promote and encourage the open access in the awarding of | 4 | | governmental contracts to businesses with diverse hiring | 5 | | practices. The State of Illinois further declares that it is | 6 | | the public policy of this State to promote and encourage the | 7 | | continuous economic development of businesses that hire and | 8 | | promote minorities. For this purpose, the Commission shall have | 9 | | the express authority to oversee all aspects of the diversity | 10 | | reporting initiative created by this Act. The Commission may | 11 | | adopt rules to fulfill its responsibilities under the Act. | 12 | | (b) The Commission shall be comprised of the following | 13 | | members serving without compensation: | 14 | | (1) three members of the House of Representatives, | 15 | | appointed by the Speaker of the House of Representatives; | 16 | | (2) three members of the Senate, appointed by the | 17 | | President of the Senate; and | 18 | | (3) three members appointed by the Governor.
| 19 | | (c) The Speaker of the House of Representatives, the | 20 | | President of the Senate, and the Governor shall each make his | 21 | | or her appointments to the Commission within 45 days after the | 22 | | effective date of this Act. | 23 | | (d) No more than 6 members of the Commission shall be | 24 | | affiliated with the same political party. | 25 | | (e) Meetings. As soon as practicable after the members of |
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| 1 | | the Commission have been appointed, the members shall meet and | 2 | | select a chairperson and a secretary. The initial chairperson | 3 | | and secretary and their successors shall be selected by the | 4 | | Commission from among its members for a term of 2 years or for | 5 | | the remainder of their term of office as a member of the | 6 | | Commission, whichever is the shorter. The Commission shall | 7 | | comply with all aspects of the Illinois Open Meetings Act. The | 8 | | Commission shall hold regular quarterly meetings and such other | 9 | | meetings as may be called by the chairperson. | 10 | | (f) Investigations by Commission. The Commission shall | 11 | | investigate the enforcement of this Act and rules made under | 12 | | this Act.
| 13 | | Section 15. Reporting Requirements. | 14 | | (a) The Commission shall produce two forms requesting from | 15 | | vendors demographic information of those who will participate | 16 | | in the performance required under the contract: a front-end | 17 | | report of professionals, and a supplemental report of | 18 | | professionals. The vendor shall accurately report and file with | 19 | | the Commission both the front-end report upon receipt of the | 20 | | contract and the supplemental report upon completion of the | 21 | | contract. | 22 | | (b) All vendors shall, at the time of executing the | 23 | | contract, complete the front-end form and submit the form to | 24 | | the Commission. The vendor shall disclose to the Commission | 25 | | those who are expected to participate in the performance of the |
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| 1 | | contract and shall provide within the front-end report the | 2 | | following of each such person:
| 3 | | (1) racial and ethnic background; | 4 | | (2) position within the company; and | 5 | | (3) title.
| 6 | | (c) Within 30 days after the completion of performance | 7 | | under the contract, the vendor shall file with the Commission a | 8 | | supplemental report stating the following: | 9 | | (1) the total time the vendor worked, per the terms of | 10 | | the contract; | 11 | | (2) the racial and ethnic background of each | 12 | | professional who participated in the performance required | 13 | | under the contract; and | 14 | | (3) the amount of time spent by each such professional | 15 | | to work on the performance required under the contract.
| 16 | | (d) Any vendor that fails to comply with this reporting | 17 | | requirement shall be declared ineligible to do any business | 18 | | with or provide any services to any governmental participant. | 19 | | (e) The Commission shall compile data collected under | 20 | | subsections (b) and (c) and report the same together with its | 21 | | findings, if any, to the General Assembly on a quarterly basis. | 22 | | Section 20. Repealer. This Act is repealed on January 1, | 23 | | 2025.
| 24 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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