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FINANCE (30 ILCS 574/) Commission on Equity and Inclusion Act.

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(30 ILCS 574/Art. 1 heading)

Article 1.

(Amendatory provisions; text omitted)(Source: P.A. 101-657, eff. 1-1-22.)

(30 ILCS 574/Art. 5 heading)

Article 5.

(Amendatory provisions; text omitted)(Source: P.A. 101-657, eff. 3-23-21.)

(30 ILCS 574/Art. 10 heading)

Article 10.

(Amendatory provisions; text omitted)(Source: P.A. 101-657, eff. 3-23-21.)

(30 ILCS 574/Art. 15 heading)

Article 15.

(Amendatory provisions; text omitted)(Source: P.A. 101-657, eff. 3-23-21.)

(30 ILCS 574/Art. 20 heading)

Article 20.

(Amendatory provisions; text omitted)(Source: P.A. 101-657, eff. 3-23-21.)

(30 ILCS 574/Art. 25 heading)

Article 25.

(Amendatory provisions; text omitted)(Source: P.A. 101-657, eff. 3-23-21.)

(30 ILCS 574/Art. 30 heading)

Article 30.

(The Community Development Loan Guarantee Act is compiled at 15 ILCS 516/)(Source: P.A. 101-657, eff. 3-23-21.)

(30 ILCS 574/Art. 35 heading)

Article 35.

(The Illinois Community Reinvestment Act is compiled at 205 ILCS 735/)(Source: P.A. 101-657, eff. 3-23-21.)

(30 ILCS 574/Art. 40 heading)

Article 40.

(Source: P.A. 101-657, eff. 1-1-22.)

(30 ILCS 574/40-1)

Sec. 40-1. Short title. This Article may be cited as the Commission on Equity and Inclusion Act. References in this Article to "this Act" mean this Article.

(Source: P.A. 101-657, eff. 1-1-22; 102-687, eff. 12-17-21.)

(30 ILCS 574/40-5)

Sec. 40-5.

Commission on Equity and Inclusion.

(a)   There is hereby created the Commission on Equity and Inclusion, which shall consist of 7 members appointed by the Governor with the advice and consent of the Senate. No more than 4 members shall be of the same political party. The Governor shall designate one member as chairperson.

(b)   Of the members first appointed, 4 shall be appointed for a term to expire on the third Monday of January, 2023, and 3 (including the Chairperson) shall be appointed for a term to expire on the third Monday of January, 2025.

Thereafter, each member shall serve for a term of 4 years and until his or her successor is appointed and qualified; except that any member chosen to fill a vacancy occurring otherwise than by expiration of a term shall be appointed only for the unexpired term of the member whom he or she shall succeed and until his or her successor is appointed and qualified.

(c)   In case of a vacancy on the Commission during the recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate, when he or she shall appoint a person to fill the vacancy. Any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term and until his or her successor is appointed and qualified. Vacancies in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission.

(d)   The Chairperson of the Commission shall be compensated at the rate of $128,000 per year, or as otherwise set by this Section, during his or her service as Chairperson, and each other member shall be compensated at the rate of $121,856 per year, or as otherwise set by this Section. In addition, all members of the Commission shall be reimbursed for expenses actually and necessarily incurred by them in the performance of their duties.
Members of the Commission are eligible to receive pension under the State Employees' Retirement System of Illinois as provided under Article 14 of the Illinois Pension Code.

(e)   The Commission shall have an Executive Director who is appointed by the Governor and who shall be the chief administrative and operational officer of the Commission, shall direct and supervise its administrative affairs and general management, and perform such other duties as may be prescribed from time to time by the Commission. Notwithstanding any other provision of law, beginning on the effective date of this amendatory Act of the 102nd General Assembly, the Executive Director shall receive an annual salary as set by the Governor.

The Executive Director or any committee of the Commission may carry out such responsibilities of the Commission as the Commission by resolution may delegate.  The Executive Director shall attend all meetings of the Commission; however, no action of the Commission shall be invalid on account of the absence of the Executive Director from a meeting.  The Executive Director may employ and determine the compensation of staff, as appropriations permit.

(f) The budget established for the Commission for any given fiscal year shall be no less than that established for the Human Rights Commission for that same fiscal year.

(Source: P.A. 101-657, eff. 1-1-22; 102-1115, eff. 1-9-23.)

(30 ILCS 574/40-10)
Sec. 40-10. Powers and duties.

In addition to the other powers and duties which may be prescribed in this Act or elsewhere, the Commission shall have the following powers and duties:

(1) The Commission shall have a role in all State and

university procurement by facilitating and streamlining communications between the Business Enterprise Council for Minorities, Women, and Persons with Disabilities, the purchasing entities, the Chief Procurement Officers, and others.

(2) The Commission may create a scoring evaluation

for State agency directors, public university presidents and chancellors, and public community college presidents. The scoring shall be based on the following 3 principles: (i) increasing capacity; (ii) growing revenue; and (iii) enhancing credentials. These principles should be the foundation of the agency compliance plan required under Section 6 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

(3) The Commission shall exercise the authority and

duties provided to it under Section 5-7 of the Illinois Procurement Code.

(4) The Commission, working with State agencies,

shall provide support for diversity in State hiring.

(5) The Commission shall supervise the implementation

and effectiveness of supplier diversity training of the State procurement workforce.

(6) Each January, and as otherwise frequently as may

be deemed necessary and appropriate by the Commission, the Commission shall propose and submit to the Governor and the General Assembly legislative changes to increase inclusion and diversity in State government.

(7) The Commission shall have oversight over the

following entities:

(A) the Illinois African-American Family

Commission;

            (B) the Illinois Latino Family Commission;
            (C) the Asian American Family Commission;
            (D) the Illinois Muslim American Advisory

Council;

(E) the Illinois African-American Fair

Contracting Commission created under Executive Order 2018-07; and

(F) the Business Enterprise Council for

Minorities, Women, and Persons with Disabilities.

(7.5) The Commission shall have oversight over the

collection of supplier diversity reports by State agencies to the extent that those agencies are required to collect supplier diversity reports. This oversight shall include publishing, on the Commission's website, a copy of each such supplier diversity report submitted to a State agency and may include conducting an annual hearing with each State agency to discuss ongoing compliance with supplier diversity reporting requirements. The Commission is not responsible for ensuring compliance by the filers of supplier diversity reports to their respective agencies. The agencies subject to oversight by the Commission and the relevant voluntary supplier diversity reports include the following:

(A) the Health Facilities and Services Review

Board for hospitals;

(B) the Department of Commerce and Economic

Opportunity for tax credit recipients under the Economic Development for a Growing Economy Tax Credit Act;

(C) the Illinois Commerce Commission for

utilities and railroads;

            (D) the Illinois Gaming Board for casinos; and
            (E) the Illinois Racing Board for race tracks.
        (7.6) The Commission may hold public workshops

focused on specific industries and reports to collaboratively connect diverse enterprises with entities that manage supplier diversity programs. These workshops may be modeled after Illinois Commerce Commission hearings for utilities and railroads that include a collaborative discussion of filed supplier diversity reports.

(8) The Commission shall adopt any rules necessary

for the implementation and administration of the requirements of this Act.

(9) The Commission shall exercise the authority and

duties provided to it under Section 45-57 of the Illinois Procurement Code.

(10) The Commission is responsible for completing

studies as required by Section 35-15 of the Illinois Community Reinvestment Act.

(Source: P.A. 103-865, eff. 1-1-25; 103-959, eff. 1-1-25; 103-961, eff. 7-1-25; 104-417, eff. 8-15-25.)

    (30 ILCS 574/40-15)
    Sec. 40-15. 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 an annual 2-page report in a searchable Adobe PDF format on its voluntary supplier diversity program to the Commission on or before November 15 of each year. The report shall set forth all of the following:

(1) The name, address, phone number, and email

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 the

fiscal year or calendar year 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 reporting year. The actual spending for the entire budget of the institution, expending both public and private moneys, including any fee-supported entities, for minority-owned business enterprises, women-owned business enterprises, and veteran-owned business enterprises, expressed both in actual dollars and as a percentage of the total budget of the institution, must be included for each reporting year.

(b) For each report submitted under subsection (a), the Commission shall publish the results on its website for no less than 5 years after submission. The Commission is not responsible for collecting the reports or for the content of the reports.

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

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

(Source: P.A. 103-961, eff. 8-9-24.)

    (30 ILCS 574/40-20)
    Sec. 40-20. Race and gender wage reports.

(a) Each State agency and public institution of higher education shall annually submit to the Commission a report, categorized by both race and gender, specifying the respective wage earnings of employees of that State agency or public institution of higher education.

(b) The Commission shall compile the information submitted under this Section and make that information available to the public on the website of the Commission.

(c) The Commission shall annually submit a report of the information compiled under this Section to the Governor and the General Assembly.

    (d) As used in this Section:
    "Public institution of higher education" has the meaning provided in Section 1 of the Board of Higher Education Act.

"State agency" means all departments, officers, commissions, boards, institutions, and bodies politic and corporate of the State. "State agency" does not include the judicial branch, including, without limitation, the courts of the State, the office of the clerk of the Supreme Court and the clerks of the appellate court, and the Administrative Office of the Illinois Courts, or the legislature, its agencies, or its committees or commissions.

(Source: P.A. 103-961, eff. 8-9-24.)

(30 ILCS 574/40-100)

Sec. 40-100. (Amendatory provisions; text omitted).