97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0113

 

Introduced 1/27/2011, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 605/605-45

    Creates the Small Business Contracts Act. Provides that not less than 10% of the total dollar amount of State contracts shall be established as a goal to be awarded to small businesses. Provides for compliance plans and annual reports to help monitor the implementation of the 10% goal. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that not less than 25% of the total dollar amount available to the Department for awarding grants shall be awarded to small businesses. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Small
5Business Contracts Act.
 
6    Section 5. Definitions. For the purposes of this Act, the
7following terms shall have the following definitions:
8    "Department" means the Department of Commerce and Economic
9Opportunity.
10    "Small business" means an independently owned and operated
11business that has fewer than 50 full-time employees.
12    "State contract" means a State contract, funded
13exclusively with State funds which are not subject to federal
14reimbursement, whether competitively bid or negotiated, as
15defined by the Department.
16    "State official or agency" means a department, officer,
17board, commission, institution, or body politic or corporate of
18the State.
 
19    Section 10. Award of State contracts.
20    (a) Not less than 10% of the total dollar amount of State
21contracts, as defined by the Department, shall be established
22as a goal to be awarded to small businesses.

 

 

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1    (b) The percentage in subsection (a) relates to the total
2dollar amount of State contracts during each State fiscal year,
3calculated by examining independently each type of contract for
4each State official or agency which lets such contracts.
 
5    Section 15. Compliance plans.
6    (a) Each State official or agency shall file with the
7Department an annual compliance plan which shall outline the
8goals of the State official or agency for contracting with
9small businesses for the then current fiscal year, the manner
10in which the official or agency intends to reach these goals,
11and a timetable for reaching these goals. The Department shall
12review and approve the plan of each State official or agency
13and may reject any plan that does not comply with this Act or
14any rules promulgated pursuant to this Act.
15    (b) Each State official or agency shall file with the
16Department an annual report of its utilization of small
17businesses during the preceding fiscal year including lapse
18period spending and a mid-fiscal year report of its utilization
19to date for the then current fiscal year. The reports shall
20include a self-evaluation of the efforts of the State official
21or agency to meet its goals under the Act.
 
22    Section 20. Annual report. The Department shall file no
23later than March 1 of each year, an annual report that shall
24detail the level of achievement toward the goals specified in

 

 

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1this Act over the 3 most recent fiscal years. The annual report
2shall include, but need not be limited to, the following:
3        (1) a summary detailing State appropriations subject
4    to the goals, the actual goals specified, and the goals
5    attained by each State official or agency;
6        (2) a summary of the number of contracts awarded and
7    the average contract amount by each State official or
8    agency; and
9        (3) an analysis of the level of overall goal
10    achievement concerning purchases from small businesses.
 
11    Section 905. The Department of Commerce and Economic
12Opportunity Law of the Civil Administrative Code of Illinois is
13amended by changing Section 605-45 as follows:
 
14    (20 ILCS 605/605-45)
15    Sec. 605-45. Economic development grants; policy
16considerations.
17    (a) When awarding grants for any economic development
18purpose, the Department must consider (i) reserving and
19targeting State business incentives to areas with high
20unemployment or low income and (ii) if the applicant seeking
21the grant is located in a metropolitan area, whether that
22metropolitan area meets location efficiency standards.
23    (b) In a fiscal year, not less than 25% of the total dollar
24amount available to the Department for awarding grants under

 

 

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1this Article shall be awarded to small businesses that are
2independently owned and operated and have fewer than 50
3full-time employees.
4(Source: P.A. 95-56, eff. 8-10-07.)
 
5    Section 999. Effective date. This Act takes effect upon
6becoming law.