101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0159

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 575/4  from Ch. 127, par. 132.604

    Amends the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. Provides that all State agencies shall increase their award of State contracts to minority owned businesses by 15%.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Business Enterprise for Minorities,
5Females, and Persons with Disabilities Act is amended by
6changing Section 4 as follows:
 
7    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
8    (Section scheduled to be repealed on June 30, 2020)
9    Sec. 4. Award of State contracts.
10    (a) Except as provided in subsections (b), and (c), and
11(f), not less than 20% of the total dollar amount of State
12contracts, as defined by the Secretary of the Council and
13approved by the Council, shall be established as an
14aspirational goal to be awarded to businesses owned by
15minorities, women, and persons with disabilities; provided,
16however, that of the total amount of all State contracts
17awarded to businesses owned by minorities, women, and persons
18with disabilities pursuant to this Section, contracts
19representing at least 11% shall be awarded to businesses owned
20by minorities, contracts representing at least 7% shall be
21awarded to women-owned businesses, and contracts representing
22at least 2% shall be awarded to businesses owned by persons
23with disabilities.

 

 

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1    The above percentage relates to the total dollar amount of
2State contracts during each State fiscal year, calculated by
3examining independently each type of contract for each agency
4or public institutions of higher education which lets such
5contracts. Only that percentage of arrangements which
6represents the participation of businesses owned by
7minorities, women, and persons with disabilities on such
8contracts shall be included.
9    (b) Except as provided in subsection (f) of this Section,
10in In the case of State construction contracts, the provisions
11of subsection (a) requiring a portion of State contracts to be
12awarded to businesses owned and controlled by persons with
13disabilities do not apply. The following aspirational goals are
14established for State construction contracts: not less than 20%
15of the total dollar amount of State construction contracts is
16established as a goal to be awarded to minority-owned and
17women-owned businesses.
18    (c) Except as provided in subsection (f) of this Section,
19in In the case of all work undertaken by the University of
20Illinois related to the planning, organization, and staging of
21the games, the University of Illinois shall establish a goal of
22awarding not less than 25% of the annual dollar value of all
23contracts, purchase orders, and other agreements (collectively
24referred to as "the contracts") to minority-owned businesses or
25businesses owned by a person with a disability and 5% of the
26annual dollar value the contracts to women-owned businesses.

 

 

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1For purposes of this subsection, the term "games" has the
2meaning set forth in the Olympic Games and Paralympic Games
3(2016) Law.
4    (d) Within one year after April 28, 2009 (the effective
5date of Public Act 96-8), the Department of Central Management
6Services shall conduct a social scientific study that measures
7the impact of discrimination on minority and women business
8development in Illinois. Within 18 months after April 28, 2009
9(the effective date of Public Act 96-8), the Department shall
10issue a report of its findings and any recommendations on
11whether to adjust the goals for minority and women
12participation established in this Act. Copies of this report
13and the social scientific study shall be filed with the
14Governor and the General Assembly.
15    (e) Except as permitted under this Act or as otherwise
16mandated by federal law or regulation, those who submit bids or
17proposals for State contracts subject to the provisions of this
18Act, whose bids or proposals are successful and include a
19utilization plan but that fail to meet the goals set forth in
20subsection (b) of this Section, shall be notified of that
21deficiency and shall be afforded a period not to exceed 10
22calendar days from the date of notification to cure that
23deficiency in the bid or proposal. The deficiency in the bid or
24proposal may only be cured by contracting with additional
25subcontractors who are owned by minorities or women, but in no
26case shall an identified subcontractor with a certification

 

 

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1made pursuant to this Act be terminated from the contract
2without the written consent of the State agency or public
3institution of higher education entering into the contract.
4    (f) Non-construction solicitations that include Business
5Enterprise Program participation goals shall require bidders
6and offerors to include utilization plans. Utilization plans
7are due at the time of bid or offer submission. Failure to
8complete and include a utilization plan, including
9documentation demonstrating good faith effort when requesting
10a waiver, shall render the bid or offer non-responsive.
11    (g) Notwithstanding the provisions of this Section, after
12the effective date of this amendatory Act of the 101st General
13Assembly, all State agencies shall increase their award of
14State contracts to minority owned businesses by 15%.
15(Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16;
16100-391, eff. 8-25-17.)