Rep. William Davis

Filed: 4/23/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5120

2    AMENDMENT NO. ______. Amend House Bill 5120, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Attorney General Act is amended by adding
6Section 9 as follows:
 
7    (15 ILCS 205/9 new)
8    Sec. 9. Contract aspirational goals. The Attorney General
9shall establish aspirational goals for contract awards for all
10contracts for goods and services, not including contracts for
11services relating to investigations or litigation. These
12aspirational goals shall be substantially in accordance with
13the Business Enterprise for Minorities, Women, and Persons with
14Disabilities Act, unless otherwise governed by other law. The
15Attorney General shall not be subject to the jurisdiction of
16the Business Enterprise Council established under the Business

 

 

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1Enterprise for Minorities, Women, and Persons with
2Disabilities Act, with regard to steps taken to achieve
3aspirational goals. The Attorney General shall annually post
4information regarding the Office's utilization of businesses
5owned by minorities, women, and persons with disabilities
6during the preceding fiscal year on the Office's Internet
7websites.
 
8    Section 10. The Secretary of State Act is amended by adding
9Section 19 as follows:
 
10    (15 ILCS 305/19 new)
11    Sec. 19. Contract aspirational goals. The Secretary of
12State shall establish aspirational goals for contract awards
13substantially in accordance with the Business Enterprise for
14Minorities, Women, and Persons with Disabilities Act, unless
15otherwise governed by other law. The Secretary of State shall
16not be subject to the jurisdiction of the Business Enterprise
17Council established under the Business Enterprise for
18Minorities, Women, and Persons with Disabilities Act, with
19regard to steps taken to achieve aspirational goals. The
20Secretary of State shall annually post the Office's utilization
21of businesses owned by minorities, women, and persons with
22disabilities during the preceding fiscal year on the Office's
23Internet websites.
 

 

 

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1    Section 15. The State Comptroller Act is amended by
2changing Section 23.9, and by adding Section 23.10 as follows:
 
3    (15 ILCS 405/23.9)
4    Sec. 23.9. Minority Contractor Opportunity Initiative. The
5State Comptroller Minority Contractor Opportunity Initiative
6is created to provide greater opportunities for minority-owned
7businesses, women-owned businesses, businesses owned by
8persons with disabilities, and small businesses with 20 or
9fewer employees in this State to participate in the State
10procurement process. The initiative shall be administered by
11the Comptroller. Under this initiative, the Comptroller is
12responsible for the following: (i) outreach to minority-owned
13businesses, women-owned businesses, businesses owned by
14persons with disabilities, and small businesses capable of
15providing services to the State; (ii) education of
16minority-owned businesses, women-owned businesses, businesses
17owned by persons with disabilities, and small businesses
18concerning State contracting and procurement; (iii)
19notification of minority-owned businesses, women-owned
20businesses, businesses owned by persons with disabilities, and
21small businesses of State contracting opportunities; and (iv)
22maintenance of an online database of State contracts that
23identifies the contracts awarded to minority-owned businesses,
24women-owned businesses, businesses owned by persons with
25disabilities, and small businesses that includes the total

 

 

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1amount paid by State agencies to contractors and the percentage
2paid to minority-owned businesses, women-owned businesses,
3businesses owned by persons with disabilities, and small
4businesses.
5    The Comptroller shall work with the Business Enterprise
6Council created under Section 5 of the Business Enterprise for
7Minorities, Women, and Persons with Disabilities Act shall
8provide the Comptroller with names, Federal Employer
9Identification Numbers, and designations of Business
10Enterprise Program certified vendors to fulfill the
11Comptroller's responsibilities under this Section, including,
12but not limited to, . The Comptroller may rely on the Business
13Enterprise Council's identification of minority-owned
14businesses, women-owned businesses, and businesses owned by
15persons with disabilities.
16    The Comptroller shall annually prepare and submit a report
17to the Governor and the General Assembly concerning the
18progress of this initiative including the following
19information for the preceding fiscal calendar year: (i) a
20statement of the total amounts paid by each executive branch
21agency to contractors since the previous report; (ii) the
22percentage of the amounts that were paid to minority-owned
23businesses, women-owned businesses, businesses owned by
24persons with disabilities, and small businesses; (iii) the
25successes achieved and the challenges faced by the Comptroller
26in operating outreach programs for minorities, women, persons

 

 

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1with disabilities, and small businesses; (iv) the challenges
2each executive branch agency may face in hiring qualified
3minority, woman, and small business employees and employees
4with disabilities and contracting with qualified
5minority-owned businesses, women-owned businesses, businesses
6owned by persons with disabilities, and small businesses; and
7(v) (iv) any other information, findings, conclusions, and
8recommendations for legislative or agency action, as the
9Comptroller deems appropriate.
10    On and after the effective date of this amendatory Act of
11the 97th General Assembly, any bidder or offeror awarded a
12contract of $1,000 or more under Section 20-10, 20-15, 20-25,
13or 20-30 of the Illinois Procurement Code is required to pay a
14fee of $15 to cover expenses related to the administration of
15this Section. The Comptroller shall deduct the fee from the
16first check issued to the vendor under the contract and deposit
17the fee into the Comptroller's Administrative Fund. Contracts
18administered for statewide orders placed by agencies (commonly
19referred to as "statewide master contracts") are exempt from
20this fee.
21    Each Chief Procurement Officer shall provide the
22Comptroller with names and Federal Employer Identification
23Numbers of vendors registered in the Illinois Small Business
24Set Aside Program to aid the Comptroller in fulfilling his or
25her responsibilities under this Section.
26(Source: P.A. 99-143, eff. 7-27-15; 100-391, eff. 8-25-17.)
 

 

 

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1    (15 ILCS 405/23.10 new)
2    Sec. 23.10. Contract aspirational goals. The Comptroller
3shall establish aspirational goals for contract awards
4substantially in accordance with the Business Enterprise for
5Minorities, Women, and Persons with Disabilities Act, unless
6otherwise governed by other law. The Comptroller shall not be
7subject to the jurisdiction of the Business Enterprise Council
8established under the Business Enterprise for Minorities,
9Women, and Persons with Disabilities Act, with regard to steps
10taken to achieve aspirational goals. The Comptroller shall
11annually post the Office's utilization of businesses owned by
12minorities, women, and persons with disabilities during the
13preceding fiscal year on the Office's Internet websites.
 
14    Section 20. The Illinois State Auditing Act is amended by
15adding Section 2-16 as follows:
 
16    (30 ILCS 5/2-16 new)
17    Sec. 2-16. Contract aspirational goals. The Auditor
18General shall establish aspirational goals for contract awards
19substantially in accordance the Business Enterprise for
20Minorities, Women, and Persons with Disabilities Act, unless
21otherwise governed by other law. The Auditor General Shall not
22be subject to the jurisdiction of the Business Enterprise
23Council established under the Business Enterprise for

 

 

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1Minorities, Women, and Persons with Disabilities Act, with
2regard to steps taken to achieve aspirational goals. The
3Auditor General shall annually post the Office's utilization of
4businesses owned by minorities, women, and persons with
5disabilities during the preceding fiscal year on the Office's
6Internet websites.
 
7    Section 25. The Business Enterprise for Minorities, Women,
8and Persons with Disabilities Act is amended by changing
9Section 5 as follows:
 
10    (30 ILCS 575/5)  (from Ch. 127, par. 132.605)
11    (Section scheduled to be repealed on June 30, 2020)
12    Sec. 5. Business Enterprise Council.
13    (1) To help implement, monitor and enforce the goals of
14this Act, there is created the Business Enterprise Council for
15Minorities, Women, and Persons with Disabilities, hereinafter
16referred to as the Council, composed of the Secretary of Human
17Services and the Directors of the Department of Human Rights,
18the Department of Commerce and Economic Opportunity, the
19Department of Central Management Services, the Department of
20Transportation and the Capital Development Board, or their duly
21appointed representatives, with the Comptroller, or his or her
22designee, serving as an advisory member of the Council. Ten
23individuals representing businesses that are minority-owned or
24women-owned or owned by persons with disabilities, 2

 

 

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1individuals representing the business community, and a
2representative of public institutions of higher education
3shall be appointed by the Governor. These members shall serve 2
4year terms and shall be eligible for reappointment. Any vacancy
5occurring on the Council shall also be filled by the Governor.
6Any member appointed to fill a vacancy occurring prior to the
7expiration of the term for which his predecessor was appointed
8shall be appointed for the remainder of such term. Members of
9the Council shall serve without compensation but shall be
10reimbursed for any ordinary and necessary expenses incurred in
11the performance of their duties.
12    The Director of the Department of Central Management
13Services shall serve as the Council chairperson and shall
14select, subject to approval of the council, a Secretary
15responsible for the operation of the program who shall serve as
16the Division Manager of the Business Enterprise for Minorities,
17Women, and Persons with Disabilities Division of the Department
18of Central Management Services.
19    The Director of each State agency and the chief executive
20officer of each public institutions of higher education shall
21appoint a liaison to the Council. The liaison shall be
22responsible for submitting to the Council any reports and
23documents necessary under this Act.
24    (2) The Council's authority and responsibility shall be to:
25        (a) Devise a certification procedure to assure that
26    businesses taking advantage of this Act are legitimately

 

 

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1    classified as businesses owned by minorities, women, or
2    persons with disabilities.
3        (b) Maintain a list of all businesses legitimately
4    classified as businesses owned by minorities, women, or
5    persons with disabilities to provide to State agencies and
6    public institutions of higher education.
7        (c) Review rules and regulations for the
8    implementation of the program for businesses owned by
9    minorities, women, and persons with disabilities.
10        (d) Review compliance plans submitted by each State
11    agency and public institutions of higher education
12    pursuant to this Act.
13        (e) Make annual reports as provided in Section 8f to
14    the Governor and the General Assembly on the status of the
15    program.
16        (f) Serve as a central clearinghouse for information on
17    State contracts, including the maintenance of a list of all
18    pending State contracts upon which businesses owned by
19    minorities, women, and persons with disabilities may bid.
20    At the Council's discretion, maintenance of the list may
21    include 24-hour electronic access to the list along with
22    the bid and application information.
23        (g) Establish a toll free telephone number to
24    facilitate information requests concerning the
25    certification process and pending contracts.
26    (3) No premium bond rate of a surety company for a bond

 

 

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1required of a business owned by a minority, woman, or person
2with a disability bidding for a State contract shall be higher
3than the lowest rate charged by that surety company for a
4similar bond in the same classification of work that would be
5written for a business not owned by a minority, woman, or
6person with a disability.
7    (4) Any Council member who has direct financial or personal
8interest in any measure pending before the Council shall
9disclose this fact to the Council and refrain from
10participating in the determination upon such measure.
11    (5) The Secretary shall have the following duties and
12responsibilities:
13        (a) To be responsible for the day-to-day operation of
14    the Council.
15        (b) To serve as a coordinator for all of the State's
16    programs for businesses owned by minorities, women, and
17    persons with disabilities and as the information and
18    referral center for all State initiatives for businesses
19    owned by minorities, women, and persons with disabilities.
20        (c) To establish an enforcement procedure whereby the
21    Council may recommend to the appropriate State legal
22    officer that the State exercise its legal remedies which
23    shall include (1) termination of the contract involved, (2)
24    prohibition of participation by the respondent in public
25    contracts for a period not to exceed 3 years, (3)
26    imposition of a penalty not to exceed any profit acquired

 

 

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1    as a result of violation, or (4) any combination thereof.
2    Such procedures shall require prior approval by Council.
3        (d) To devise appropriate policies, regulations and
4    procedures for including participation by businesses owned
5    by minorities, women, and persons with disabilities as
6    prime contractors including, but not limited to, (i)
7    encouraging the inclusions of qualified businesses owned
8    by minorities, women, and persons with disabilities on
9    solicitation lists, (ii) investigating the potential of
10    blanket bonding programs for small construction jobs,
11    (iii) investigating and making recommendations concerning
12    the use of the sheltered market process.
13        (e) To devise procedures for the waiver of the
14    participation goals in appropriate circumstances.
15        (f) To accept donations and, with the approval of the
16    Council or the Director of Central Management Services,
17    grants related to the purposes of this Act; to conduct
18    seminars related to the purpose of this Act and to charge
19    reasonable registration fees; and to sell directories,
20    vendor lists and other such information to interested
21    parties, except that forms necessary to become eligible for
22    the program shall be provided free of charge to a business
23    or individual applying for the program.
24(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".