Bill Amendment: IL HB2669 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DIVERSITY DISCLOSURES ACT

Status: 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB2669 Detail]

Download: Illinois-2015-HB2669-House_Amendment_001.html

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Rep. Kenneth Dunkin

Filed: 4/20/2015

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AMENDMENT TO HOUSE BILL 2669
AMENDMENT NO. ______. Amend House Bill 2669 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Chicago Vendor Diversity Commission Act.
Section 5. Definitions. For the purposes of this Act:
(a) "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,

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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). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African-American".
(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).
(b) "Female" shall mean a person who is a citizen or lawful
permanent resident of the United States and who is of the
female gender.
(c) "Persons with disability" means a person who is a
citizen or lawful resident of the United States and is a person
qualifying as being disable under this subsection. "Disabled"
means severe physical or mental disability that:
(1) results from: amputation, arthritis, autism,
blindness, burn injury, cancer, cerebral palsy, Crohn's
disease, cystic fibrosis, deafness, head injury, heart
disease, hemiplegia, hemophilia, respiratory or pulmonary
dysfunction, an intellectual disability, mental illness,
multiple sclerosis, muscular dystrophy, musculoskeletal
disorders, neurological disorders, including stroke and

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epilepsy, paraplegia, quadriplegia and other spinal cord
conditions, sickle cell anemia, ulcerative colitis,
specific learning disabilities, or end stage renal failure
disease; and
(2) substantially limits one or more of the person's
major life activities.
Another disability or combination of disabilities may also
be considered as severe disability for the purpose of the
paragraph (1) if it is determined by an evaluation of
rehabilitation potential to cause a comparable degree of
substantial function limitation similar to the specific list of
disabilities listed in paragraph (1).
(d) "Vendor" means any law firm, financial advisor, bank,
asset manager, underwriter or borrower that: (i) has debt
issued on its behalf; or (ii) provides any professional service
to any governmental participant in connection with debt
obligation transactions, auditing, banking services, asset
management services, or brokerage services.
(e) "Governmental participant" means any State agency or
State authority that issues bonds, notes, or other evidences of
indebtedness, State university, sanitary district, special
district, non-home rule unit of local government, pension fund,
or defined contribution plan that: (i) awards contracts to
vendors, and (ii) whose principle place of business is located
in a municipality of more than 1,000,000 inhabitants.
(f) "Commission" means the Vendor Diversity Commission.

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Section 10. Vendor Diversity Commission.
(a) There is created the Vendor Diversity Commission to
promote and encourage the open access in the awarding of
governmental contracts to businesses with diverse hiring
practices. The State of Illinois further declares that it is
the public policy of this State to promote and encourage the
continuous economic development of businesses that hire and
promote minorities. For this purpose, the Commission shall have
the express authority to oversee all aspects of the diversity
reporting initiative created by this Act. The Commission may
adopt rules to fulfill its responsibilities under the Act.
(b) The Commission shall be comprised of the following
members serving without compensation:
(1) three members of the House of Representatives,
appointed by the Speaker of the House of Representatives;
(2) three members of the Senate, appointed by the
President of the Senate; and
(3) three members appointed by the Governor.
(c) The Speaker of the House of Representatives, the
President of the Senate, and the Governor shall each make his
or her appointments to the Commission within 45 days after the
effective date of this Act.
(d) No more than 6 members of the Commission shall be
affiliated with the same political party.
(e) Meetings. As soon as practicable after the members of

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the Commission have been appointed, the members shall meet and
select a chairperson and a secretary. The initial chairperson
and secretary and their successors shall be selected by the
Commission from among its members for a term of 2 years or for
the remainder of their term of office as a member of the
Commission, whichever is the shorter. The Commission shall
comply with all aspects of the Illinois Open Meetings Act. The
Commission shall hold regular quarterly meetings and such other
meetings as may be called by the chairperson.
(f) Investigations by Commission. The Commission shall
investigate the enforcement of this Act and rules made under
this Act.
Section 15. Reporting Requirements.
(a) The Commission shall produce two forms requesting from
vendors demographic information of those who will participate
in the performance required under the contract: a front-end
report of professionals, and a supplemental report of
professionals. The vendor shall accurately report and file with
the Commission both the front-end report upon receipt of the
contract and the supplemental report upon completion of the
contract.
(b) All vendors shall, at the time of executing the
contract, complete the front-end form and submit the form to
the Commission. The vendor shall disclose to the Commission
those who are expected to participate in the performance of the

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contract and shall provide within the front-end report the
following of each such person:
(1) racial and ethnic background;
(2) position within the company; and
(3) title.
(c) Within 30 days after the completion of performance
under the contract, the vendor shall file with the Commission a
supplemental report stating the following:
(1) the total time the vendor worked, per the terms of
the contract;
(2) the racial and ethnic background of each
professional who participated in the performance required
under the contract; and
(3) the amount of time spent by each such professional
to work on the performance required under the contract.
(d) Any vendor that fails to comply with this reporting
requirement shall be declared ineligible to do any business
with or provide any services to any governmental participant.
(e) The Commission shall compile data collected under
subsections (b) and (c) and report the same together with its
findings, if any, to the General Assembly on a quarterly basis.
Section 20. Repealer. This Act is repealed on January 1,
2025.
Section 99. Effective date. This Act takes effect upon

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becoming law.".