Public Act 100-0801
 
SB3106 EnrolledLRB100 20664 RJF 36115 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Attorney General Act is amended by adding
Section 9 as follows:
 
    (15 ILCS 205/9 new)
    Sec. 9. Contract aspirational goals. The Attorney General
shall establish aspirational goals for contract awards for all
contracts for goods and services, not including contracts for
services relating to investigations or litigation. These
aspirational goals shall be substantially in accordance with
the Business Enterprise for Minorities, Women, and Persons with
Disabilities Act, unless otherwise governed by other law. The
Attorney General shall not be subject to the jurisdiction of
the Business Enterprise Council established under the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act with regard to steps taken to achieve
aspirational goals. The Attorney General shall annually post
information regarding the Office's utilization of businesses
owned by minorities, women, and persons with disabilities
during the preceding fiscal year on the Office's Internet
websites.
 
    Section 10. The Secretary of State Act is amended by adding
Section 19 as follows:
 
    (15 ILCS 305/19 new)
    Sec. 19. Contract aspirational goals. The Secretary of
State shall establish aspirational goals for contract awards
substantially in accordance with the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act, unless
otherwise governed by other law. The Secretary of State shall
not be subject to the jurisdiction of the Business Enterprise
Council established under the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act with
regard to steps taken to achieve aspirational goals. The
Secretary of State shall annually post the Office's utilization
of businesses owned by minorities, women, and persons with
disabilities during the preceding fiscal year on the Office's
Internet websites.
 
    Section 15. The State Comptroller Act is amended by
changing Section 23.9, and by adding Section 23.10 as follows:
 
    (15 ILCS 405/23.9)
    Sec. 23.9. Minority Contractor Opportunity Initiative. The
State Comptroller Minority Contractor Opportunity Initiative
is created to provide greater opportunities for minority-owned
businesses, women-owned businesses, businesses owned by
persons with disabilities, and small businesses with 20 or
fewer employees in this State to participate in the State
procurement process. The initiative shall be administered by
the Comptroller. Under this initiative, the Comptroller is
responsible for the following: (i) outreach to minority-owned
businesses, women-owned businesses, businesses owned by
persons with disabilities, and small businesses capable of
providing services to the State; (ii) education of
minority-owned businesses, women-owned businesses, businesses
owned by persons with disabilities, and small businesses
concerning State contracting and procurement; (iii)
notification of minority-owned businesses, women-owned
businesses, businesses owned by persons with disabilities, and
small businesses of State contracting opportunities; and (iv)
maintenance of an online database of State contracts that
identifies the contracts awarded to minority-owned businesses,
women-owned businesses, businesses owned by persons with
disabilities, and small businesses that includes the total
amount paid by State agencies to contractors and the percentage
paid to minority-owned businesses, women-owned businesses,
businesses owned by persons with disabilities, and small
businesses.
    The Comptroller shall work with the Business Enterprise
Council created under Section 5 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act shall
provide the Comptroller with names, Federal Employer
Identification Numbers, and designations of Business
Enterprise Program certified vendors to fulfill the
Comptroller's responsibilities under this Section, including,
but not limited to, . The Comptroller may rely on the Business
Enterprise Council's identification of minority-owned
businesses, women-owned businesses, and businesses owned by
persons with disabilities.
    The Comptroller shall annually prepare and submit a report
to the Governor and the General Assembly concerning the
progress of this initiative including the following
information for the preceding fiscal calendar year: (i) a
statement of the total amounts paid by each executive branch
agency to contractors since the previous report; (ii) the
percentage of the amounts that were paid to minority-owned
businesses, women-owned businesses, businesses owned by
persons with disabilities, and small businesses; (iii) the
successes achieved and the challenges faced by the Comptroller
in operating outreach programs for minorities, women, persons
with disabilities, and small businesses; (iv) the challenges
each executive branch agency may face in hiring qualified
minority, woman, and small business employees and employees
with disabilities and contracting with qualified
minority-owned businesses, women-owned businesses, businesses
owned by persons with disabilities, and small businesses; and
(v) (iv) any other information, findings, conclusions, and
recommendations for legislative or agency action, as the
Comptroller deems appropriate.
    On and after the effective date of this amendatory Act of
the 97th General Assembly, any bidder or offeror awarded a
contract of $1,000 or more under Section 20-10, 20-15, 20-25,
or 20-30 of the Illinois Procurement Code is required to pay a
fee of $15 to cover expenses related to the administration of
this Section. The Comptroller shall deduct the fee from the
first check issued to the vendor under the contract and deposit
the fee into the Comptroller's Administrative Fund. Contracts
administered for statewide orders placed by agencies (commonly
referred to as "statewide master contracts") are exempt from
this fee.
    Each Chief Procurement Officer shall provide the
Comptroller with names and Federal Employer Identification
Numbers of vendors registered in the Illinois Small Business
Set Aside Program to aid the Comptroller in fulfilling his or
her responsibilities under this Section.
(Source: P.A. 99-143, eff. 7-27-15; 100-391, eff. 8-25-17.)
 
    (15 ILCS 405/23.10 new)
    Sec. 23.10. Contract aspirational goals. The Comptroller
shall establish aspirational goals for contract awards
substantially in accordance with the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act, unless
otherwise governed by other law. The Comptroller shall not be
subject to the jurisdiction of the Business Enterprise Council
established under the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act with regard to steps
taken to achieve aspirational goals. The Comptroller shall
annually post the Office's utilization of businesses owned by
minorities, women, and persons with disabilities during the
preceding fiscal year on the Office's Internet websites.
 
    Section 20. The Illinois State Auditing Act is amended by
adding Section 2-16 as follows:
 
    (30 ILCS 5/2-16 new)
    Sec. 2-16. Contract aspirational goals. The Auditor
General shall establish aspirational goals for contract awards
substantially in accordance the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act, unless
otherwise governed by other law. The Auditor General shall not
be subject to the jurisdiction of the Business Enterprise
Council established under the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act with
regard to steps taken to achieve aspirational goals. The
Auditor General shall annually post the Office's utilization of
businesses owned by minorities, women, and persons with
disabilities during the preceding fiscal year on the Office's
Internet websites.
 
    Section 25. The Business Enterprise for Minorities, Women,
and Persons with Disabilities Act is amended by changing
Section 5 as follows:
 
    (30 ILCS 575/5)  (from Ch. 127, par. 132.605)
    (Section scheduled to be repealed on June 30, 2020)
    Sec. 5. 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 the 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 duties.
    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.
        (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
    the Council.
        (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.
        (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. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.