(30 ILCS 575/5)
(from Ch. 127, par. 132.605)
(Section scheduled to be repealed on June 30, 2024)
Business Enterprise Council.
(1) To help implement, monitor and enforce the goals of this Act, there
is created the Business Enterprise Council for
Minorities, Women, and Persons with Disabilities, hereinafter
referred to as the Council, composed of the Secretary of Human Services and
the Directors of the Department of
Human Rights, the Department of Commerce and Economic Opportunity, the
Department of Central Management Services, the Department of Transportation and
Capital Development Board, or their duly appointed representatives, with the Comptroller, or his or her designee, serving as an advisory member of the Council. Ten
individuals representing businesses that are minority-owned or women-owned or
owned by persons with disabilities, 2 individuals representing the business
community, and a representative of public institutions of higher education shall be appointed by the Governor. These members shall serve 2
year terms and shall be eligible for reappointment. Any vacancy occurring on
the Council shall also be filled by the Governor. Any member appointed to fill
a vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder of such term.
Members of the Council shall serve without compensation but shall be reimbursed
for any ordinary and necessary expenses incurred in the performance of their
The Director of the Department of Central Management Services shall serve
as the Council chairperson and shall select, subject to approval of the
council, a Secretary responsible for the operation of the program who shall
serve as the Division Manager of the Business
Enterprise for Minorities, Women, and Persons with Disabilities Division
of the Department of Central Management Services.
The Director of each State agency and the chief executive officer of
each public institutions of higher education shall appoint a liaison to the Council. The liaison
shall be responsible for submitting to the Council any reports and
documents necessary under this Act.
(2) The Council's authority and responsibility shall be to:
(a) Devise a certification procedure to assure that
businesses taking advantage of this Act are legitimately classified as businesses owned by minorities, women, or persons with disabilities and a registration procedure to recognize, without additional evidence of Business Enterprise Program eligibility, the certification of businesses owned by minorities, women, or persons with disabilities certified by the City of Chicago, Cook County, or other jurisdictional programs with requirements and procedures equaling or exceeding those in this Act.
(b) Maintain a list of all businesses legitimately
classified as businesses owned by minorities, women, or persons with disabilities to provide to State agencies and public institutions of higher education.
(c) Review rules and regulations for the
implementation of the program for businesses owned by minorities, women, and persons with disabilities.
(d) Review compliance plans submitted by each State
agency and public institutions of higher education pursuant to this Act.
(e) Make annual reports as provided in Section 8f to
the Governor and the General Assembly on the status of the program.
(f) Serve as a central clearinghouse for information
on State contracts, including the maintenance of a list of all pending State contracts upon which businesses owned by minorities, women, and persons with disabilities may bid. At the Council's discretion, maintenance of the list may include 24-hour electronic access to the list along with the bid and application information.
(g) Establish a toll free telephone number to
facilitate information requests concerning the certification process and pending contracts.
(3) No premium bond rate of a surety company for a bond required of a business owned by a minority, woman, or person
with a disability bidding for a State contract shall be
higher than the lowest rate charged by that surety company for a similar
bond in the same classification of work that would be written for a business not owned by a minority, woman, or person with a disability.
(4) Any Council member who has direct financial or personal interest in
any measure pending before the Council shall disclose this fact to the
Council and refrain from participating in the determination upon such measure.
(5) The Secretary shall have the following duties and responsibilities:
(a) To be responsible for the day-to-day operation of
(b) To serve as a coordinator for all of the State's
programs for businesses owned by minorities, women, and persons with disabilities and as the information and referral center for all State initiatives for businesses owned by minorities, women, and persons with disabilities.
(c) To establish an enforcement procedure whereby the
Council may recommend to the appropriate State legal officer that the State exercise its legal remedies which shall include (1) termination of the contract involved, (2) prohibition of participation by the respondent in public contracts for a period not to exceed 3 years, (3) imposition of a penalty not to exceed any profit acquired as a result of violation, or (4) any combination thereof. Such procedures shall require prior approval by Council. All funds collected as penalties under this subsection shall be used exclusively for maintenance and further development of the Business Enterprise Program and encouragement of participation in State procurement by minorities, women, and persons with disabilities.
(d) To devise appropriate policies, regulations and
procedures for including participation by businesses owned by minorities, women, and persons with disabilities as prime contractors including, but not limited to, (i) encouraging the inclusions of qualified businesses owned by minorities, women, and persons with disabilities on solicitation lists, (ii) investigating the potential of blanket bonding programs for small construction jobs, (iii) investigating and making recommendations concerning the use of the sheltered market process.
(e) To devise procedures for the waiver of the
participation goals in appropriate circumstances.
(f) To accept donations and, with the approval of the
Council or the Director of Central Management Services, grants related to the purposes of this Act; to conduct seminars related to the purpose of this Act and to charge reasonable registration fees; and to sell directories, vendor lists and other such information to interested parties, except that forms necessary to become eligible for the program shall be provided free of charge to a business or individual applying for the program.
(Source: P.A. 100-391, eff. 8-25-17; 100-801, eff. 8-10-18; 101-601, eff. 1-1-20.)