Full Text of HB2393 100th General Assembly
HB2393 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2393 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 30 ILCS 575/4 | from Ch. 127, par. 132.604 |
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Business Enterprise for Minorities, | 5 | | Females, and Persons with
Disabilities Act is amended by | 6 | | changing 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| 8 | | (Section scheduled to be repealed on June 30, 2020)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 | 12 | | contracts, as defined by the Secretary of
the Council and | 13 | | approved by the Council, shall be established as an | 14 | | aspirational goal to
be awarded to businesses owned by | 15 | | minorities,
females, and persons with disabilities; provided, | 16 | | however, that
of the total amount of all
State contracts | 17 | | awarded to businesses owned by
minorities, females, and persons | 18 | | with disabilities pursuant to
this Section, contracts | 19 | | representing at least 11% shall be awarded to businesses owned | 20 | | by minorities, contracts representing at least 7% shall be | 21 | | awarded to female-owned businesses, and contracts representing | 22 | | at least 2% shall be awarded to businesses owned by persons | 23 | | with disabilities.
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| 1 | | The above percentage relates to the total dollar amount of | 2 | | State
contracts during each State fiscal year, calculated by | 3 | | examining
independently each type of contract for each agency | 4 | | or public institutions of higher education which
lets such | 5 | | contracts. Only that percentage of arrangements which | 6 | | represents the participation of businesses owned by
| 7 | | minorities, females, and persons with disabilities on such | 8 | | contracts shall
be included.
| 9 | | (b) Except as provided in subsection (f) of this Section, | 10 | | in In the case of State construction contracts, the provisions | 11 | | of
subsection (a) requiring a portion of State contracts to be | 12 | | awarded to
businesses owned and controlled by persons with
| 13 | | disabilities do not apply. The following aspirational goals are | 14 | | established for State construction contracts: not less
than 20% | 15 | | of the total dollar amount of State construction contracts is
| 16 | | established as a goal to be awarded to minority and female | 17 | | owned
businesses, and contracts representing 50% of the amount | 18 | | of all State
construction contracts awarded to minority and | 19 | | female owned businesses
shall be awarded to female owned | 20 | | businesses.
| 21 | | (c) Except as provided in subsection (f) of this Section, | 22 | | in In the case of all work undertaken by the University of | 23 | | Illinois related to the planning, organization, and staging of | 24 | | the games, the University of Illinois shall establish a goal of | 25 | | awarding not less than 25% of the annual dollar value of all | 26 | | contracts, purchase orders, and other agreements (collectively |
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| 1 | | referred to as "the contracts") to minority-owned businesses or | 2 | | businesses owned by a person with a disability and 5% of the | 3 | | annual dollar value the contracts to female-owned businesses. | 4 | | For purposes of this subsection, the term "games" has the | 5 | | meaning set forth in the Olympic Games and Paralympic Games | 6 | | (2016) Law. | 7 | | (d) Within one year after April 28, 2009 (the effective | 8 | | date of Public Act 96-8), the Department of Central Management | 9 | | Services shall conduct a social scientific study that measures | 10 | | the impact of discrimination on minority and female business | 11 | | development in Illinois. Within 18 months after April 28, 2009 | 12 | | (the effective date of Public Act 96-8), the Department shall | 13 | | issue a report of its findings and any recommendations on | 14 | | whether to adjust the goals for minority and female | 15 | | participation established in this Act. Copies of this report | 16 | | and the social scientific study shall be filed with the | 17 | | Governor and the General Assembly. | 18 | | (e) Except as permitted under this Act or as otherwise | 19 | | mandated by federal law or regulation, those who submit bids or | 20 | | proposals for State construction contracts subject to the | 21 | | provisions of this Act, whose bids or proposals are successful | 22 | | but that fail to meet the goals set forth in subsection (b) of | 23 | | this Section, shall be notified of that deficiency and shall be | 24 | | afforded a period not to exceed 10 days to cure that deficiency | 25 | | in the bid or proposal. The deficiency in the bid or proposal | 26 | | may only be cured by contracting with additional subcontractors |
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| 1 | | who are owned by minorities or females, but in no case shall an | 2 | | identified subcontractor with a certification made pursuant to | 3 | | this Act be terminated from the contract without the written | 4 | | consent of the State agency or public institution of higher | 5 | | education entering into the contract. | 6 | | (f) Notwithstanding the provisions of this Section, after | 7 | | the effective date of this amendatory Act of the 100th General | 8 | | Assembly, all State agencies shall increase their award of | 9 | | State contracts to minority owned businesses by 15%. | 10 | | (Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16.)
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