101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5864

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/20-120
30 ILCS 575/8k new

    Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that no voucher shall be submitted to the Comptroller for a warrant to be drawn for the payment of money from the State treasury or from other funds held by the State Treasurer on account of any contract requiring payment to a subcontractor by a vendor unless it includes specified vendor information, including such information concerning Business Enterprise Program certified vendors and disadvantaged business enterprise certified vendors. Requires each State agency to publish on its website the specified information for each voucher and to provide that information to the State Comptroller. Requires the State Comptroller to publish the information provided by State agencies on its website, and provide a listing of or link to each disbursement for each voucher. Amends the Illinois Procurement Code to make conforming changes.


LRB101 23046 RJF 74173 b

 

 

A BILL FOR

 

HB5864LRB101 23046 RJF 74173 b

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 Illinois Procurement Code is amended by
5changing Section 20-120 as follows:
 
6    (30 ILCS 500/20-120)
7    Sec. 20-120. Subcontractors.
8    (a) Any contract granted under this Code shall state
9whether the services of a subcontractor will be used. The
10contract shall include the names and addresses of all known
11subcontractors with subcontracts with an annual value of more
12than $50,000, the general type of work to be performed by these
13subcontractors, and the expected amount of money each will
14receive under the contract. Upon the request of the chief
15procurement officer appointed pursuant to paragraph (2) of
16subsection (a) of Section 10-20, the contractor shall provide
17the chief procurement officer a copy of a subcontract so
18identified within 15 calendar days after the request is made. A
19subcontractor, or contractor on behalf of a subcontractor, may
20identify information that is deemed proprietary or
21confidential. If the chief procurement officer determines the
22information is not relevant to the primary contract, the chief
23procurement officer may excuse the inclusion of the

 

 

HB5864- 2 -LRB101 23046 RJF 74173 b

1information. If the chief procurement officer determines the
2information is proprietary or could harm the business interest
3of the subcontractor, the chief procurement officer may, in his
4or her discretion, redact the information. Redacted
5information shall not become part of the public record.
6    (b) If at any time during the term of a contract, a
7contractor adds or changes any subcontractors, he or she shall
8promptly notify, in writing, the chief procurement officer,
9State purchasing officer, or their designee of the names and
10addresses of each new or replaced subcontractor and the general
11type of work to be performed. Upon the request of the chief
12procurement officer appointed pursuant to paragraph (2) of
13subsection (a) of Section 10-20, the contractor shall provide
14the chief procurement officer a copy of any new or amended
15subcontract so identified within 15 calendar days after the
16request is made.
17    (c) In addition to any other requirements of this Code, a
18subcontract subject to this Section must include all of the
19subcontractor's certifications required by Article 50 of the
20Code.
21    (c-5) Notwithstanding any provision of law to the contrary,
22no voucher shall be submitted to the Comptroller for a warrant
23to be drawn for the payment of money from the State treasury or
24from other funds held by the State Treasurer on account of any
25contract requiring payment to a subcontractor by a vendor
26unless it fulfills the requirements of Section 8k of the

 

 

HB5864- 3 -LRB101 23046 RJF 74173 b

1Business Enterprise for Minorities, Women, and Persons with
2Disabilities Act.
3    (d) This Section applies to procurements solicited on or
4after July 1, 2010 (the effective date of P.A. 96-795) this
5amendatory Act of the 96th General Assembly. The changes made
6to this Section by P.A. 97-895 this amendatory Act of the 97th
7General Assembly apply to procurements solicited on or after
8August 3, 2012 (the effective date of P.A. 97-895). The changes
9made to this Section by this amendatory Act of the 101st
10General Assembly apply to procurements solicited on or after
11the effective date of this amendatory Act of the 101st General
12Assembly this amendatory Act of the 97th General Assembly.
13(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
14    Section 10. The Business Enterprise for Minorities, Women,
15and Persons with Disabilities Act is amended by adding Section
168k as follows:
 
17    (30 ILCS 575/8k new)
18    Sec. 8k. Vendor payment information.
19    (a) No voucher shall be submitted to the Comptroller for a
20warrant to be drawn for the payment of money from the State
21treasury or from other funds held by the State Treasurer on
22account of any contract unless it includes the following
23information:
24        (1) each subcontractor to be paid by the vendor;

 

 

HB5864- 4 -LRB101 23046 RJF 74173 b

1        (2) the amount of money that is to be paid to each
2    subcontractor;
3        (3) whether each subcontractor is a Business
4    Enterprise Program certified vendor, a disadvantaged
5    business enterprise certified vendor, or is otherwise a
6    small business certified as a minority-owned business,
7    women-owned business, or a business owned by persons with a
8    disability;
9        (4) the total amount of money to be paid to Business
10    Enterprise Program certified vendors or disadvantaged
11    business enterprise certified vendors expressed in a
12    percentage term; and
13        (5) whether the total of money to be paid to Business
14    Enterprise Program certified vendors or disadvantaged
15    business enterprise certified vendors is below or above the
16    aspirational goal for that project, if any.
17    (b) If more than one project is incorporated in the same
18voucher, then the data shall be listed by project to match up
19with the project-specific goals for each project.
20    (c) Each State agency shall publish on its website the data
21listed under this Section for each voucher submitted to the
22Comptroller.
23    (d) The Comptroller shall publish all of the information
24provided under this Section on his or her website, and provide
25a listing of or link to each disbursement for each voucher
26submitted.