Bill Amendment: IL SB2399 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: CHICAGO GOVT VENDOR DIVERSITY

Status: 2016-04-22 - Senate Committee Amendment No. 2 Rule 3-9(a) / Re-referred to Assignments [SB2399 Detail]

Download: Illinois-2015-SB2399-Senate_Amendment_001.html

---

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

09900SB2399sam001 - 2 - LRB099 17224 HLH 47243 a
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).

09900SB2399sam001 - 3 - LRB099 17224 HLH 47243 a
(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.

09900SB2399sam001 - 4 - LRB099 17224 HLH 47243 a
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:

09900SB2399sam001 - 5 - LRB099 17224 HLH 47243 a
(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

09900SB2399sam001 - 6 - LRB099 17224 HLH 47243 a
the Finance Committee of the City Council of the City of
Chicago.
Section 99. Effective date. This Act takes effect January
1, 2017.".