HB4363 100TH GENERAL ASSEMBLY

LRB100 18039 RJF 33228 b

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.

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Business Enterprise for Minorities, Women, and Persons with Disabilities Act is amended by adding Section 8k as follows:

(30 ILCS 575/8k new)

Sec. 8k. Contractor expenditure reports.

(a) Any contractor awarded a contract under this Act shall be required to make periodic reports to the contracting State agency on all expenditures made to achieve compliance with the provisions of this Act.

(b) The reports required under this Section shall include the following:

(1) the name and business address of each business owned by minorities, women, or persons with disabilities solicited by the contractor to work as a subcontractor on the contract, and the responses received by the contractor to those solicitations;

(2) the name and business address of each business owned by minorities, women, or persons with disabilities actually involved in the contract;

(3) a description of the work performed and any supply or service provided by each business owned by minorities, women, or persons with disabilities; and

(4) the date and amount of each expenditure, and any other information as may assist the contracting State agency in determining the contractor's compliance with the provisions of this Act, and the status of any business owned by minorities, women, and persons with disabilities performing any portion of the contract.

(c) In addition to any other penalty or remedy authorized under the provisions of this Act, remedies for a contractor's non-compliance with the commitment to businesses owned by minorities, women, or persons with disabilities participation under this Act may include an agreement to pay damages to any business owned by minorities, women, or persons with disabilities which were underutilized. The unexcused reduction of contract participation by a business owned by minorities, women, or persons with disabilities in connection with a contract, including any modification thereof, shall entitle the affected business owned by minorities, women, or persons with disabilities to damages as provided in the provisions of an agreement between the contracting parties. Those provisions shall include an undertaking by the contractor to submit any dispute concerning damages to binding arbitration by an independent arbitrator, other than any department or agency of the State, with reasonable expenses, including attorney's fees, being recoverable by a prevailing business owned by minorities, women, or persons with disabilities. The Council shall approve recommended rules and procedures governing arbitrations prior to submission by the Department of Central Management Services to the Joint Committee on Administrative Rules. Nothing in this subsection (c) shall be construed to limit the rights of and remedies available to the State.

(d) In addition to any provision authorizing the termination of a contract entered into under this Act, a contracting State agency may terminate a contract:

(1) upon the disqualification of the contractor as a business owned by minorities, women, and persons with disabilities, if the contractor's status as a business owned by minorities, women, and persons with disabilities was a factor in the award of the contract and that status was misrepresented by the contractor; or

(2) upon the disqualification of any subcontractor as a business owned by minorities, women, and persons with disabilities if the subcontractor's status as a business owned by minorities, women, and persons with disabilities was a factor in the award of the contract and the status of the subcontractor was misrepresented by the contractor. In the event that the contractor is determined not to have been involved in any misrepresentation of the status of the disqualified subcontractor, the contractor shall discharge the disqualified subcontractor and, if possible, identify and engage a qualified business owned by minorities, women, or persons with disabilities as its replacement.

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