100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4363

 

Introduced , by Rep. Sara Wojcicki Jimenez

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 575/8k new

    Amends the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. Provides that any contractor awarded a contract under the Act shall be required to make periodic reports to the contracting State agency on all expenditures made to achieve compliance with the provisions of the Act. Provides for the required contents of the report. Provides remedies for a contractor's non-compliance with the commitment to businesses owned by minorities, women, or persons with disabilities under the Act. Provides additional terms by which a contracting State agency may terminate a contract under the Act. Allows a contracting State agency to have access to a contractor's books and records for compliance purposes.


LRB100 18039 RJF 33228 b

 

 

A BILL FOR

 

HB4363LRB100 18039 RJF 33228 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 Business Enterprise for Minorities, Women,
5and Persons with Disabilities Act is amended by adding Section
68k as follows:
 
7    (30 ILCS 575/8k new)
8    Sec. 8k. Contractor expenditure reports.
9    (a) Any contractor awarded a contract under this Act shall
10be required to make periodic reports to the contracting State
11agency on all expenditures made to achieve compliance with the
12provisions of this Act.
13    (b) The reports required under this Section shall include
14the following:
15        (1) the name and business address of each business
16    owned by minorities, women, or persons with disabilities
17    solicited by the contractor to work as a subcontractor on
18    the contract, and the responses received by the contractor
19    to those solicitations;
20        (2) the name and business address of each business
21    owned by minorities, women, or persons with disabilities
22    actually involved in the contract;
23        (3) a description of the work performed and any supply

 

 

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1    or service provided by each business owned by minorities,
2    women, or persons with disabilities; and
3        (4) the date and amount of each expenditure, and any
4    other information as may assist the contracting State
5    agency in determining the contractor's compliance with the
6    provisions of this Act, and the status of any business
7    owned by minorities, women, and persons with disabilities
8    performing any portion of the contract.
9    (c) In addition to any other penalty or remedy authorized
10under the provisions of this Act, remedies for a contractor's
11non-compliance with the commitment to businesses owned by
12minorities, women, or persons with disabilities participation
13under this Act may include an agreement to pay damages to any
14business owned by minorities, women, or persons with
15disabilities which were underutilized. The unexcused reduction
16of contract participation by a business owned by minorities,
17women, or persons with disabilities in connection with a
18contract, including any modification thereof, shall entitle
19the affected business owned by minorities, women, or persons
20with disabilities to damages as provided in the provisions of
21an agreement between the contracting parties. Those provisions
22shall include an undertaking by the contractor to submit any
23dispute concerning damages to binding arbitration by an
24independent arbitrator, other than any department or agency of
25the State, with reasonable expenses, including attorney's
26fees, being recoverable by a prevailing business owned by

 

 

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1minorities, women, or persons with disabilities. The Council
2shall approve recommended rules and procedures governing
3arbitrations prior to submission by the Department of Central
4Management Services to the Joint Committee on Administrative
5Rules. Nothing in this subsection (c) shall be construed to
6limit the rights of and remedies available to the State.
7    (d) In addition to any provision authorizing the
8termination of a contract entered into under this Act, a
9contracting State agency may terminate a contract:
10        (1) upon the disqualification of the contractor as a
11    business owned by minorities, women, and persons with
12    disabilities, if the contractor's status as a business
13    owned by minorities, women, and persons with disabilities
14    was a factor in the award of the contract and that status
15    was misrepresented by the contractor; or
16        (2) upon the disqualification of any subcontractor as a
17    business owned by minorities, women, and persons with
18    disabilities if the subcontractor's status as a business
19    owned by minorities, women, and persons with disabilities
20    was a factor in the award of the contract and the status of
21    the subcontractor was misrepresented by the contractor. In
22    the event that the contractor is determined not to have
23    been involved in any misrepresentation of the status of the
24    disqualified subcontractor, the contractor shall discharge
25    the disqualified subcontractor and, if possible, identify
26    and engage a qualified business owned by minorities, women,

 

 

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1    or persons with disabilities as its replacement.
2    (e) A contracting State agency shall, upon notice of 5
3business days to the contractor, have access to the
4contractor's books and records, including, but not limited to,
5payroll records, tax returns and records, and books of account,
6for the purpose of allowing the contracting State agency to
7determine the contractor's compliance with its commitment to
8participation of businesses owned by minorities, women, or
9persons with disabilities, and the status of any business owned
10by minorities, women, or persons with disabilities performing
11any portion of the contract. The provisions of this subsection
12(e) shall be in addition to, and not a substitute for, any
13other provision allowing inspection of the contractor's
14records by any officer of the State for any purpose.