Illinois General Assembly - Full Text of HB4360
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Full Text of HB4360  103rd General Assembly

HB4360 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4360

 

Introduced 1/16/2024, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Repeals provisions relating to the higher education supplier diversity report and race and gender wage reports and moves those provisions, with changes, to the Commission on Equity and Inclusion Act. Amends the Energy Transition Act. Provides that the Commission on Equity and Inclusion certifies or recognizes certification for Minority Business Enterprise certification (rather than the Department of Central Management Services) or a program with equivalent requirements. Provides that the Clean Energy Primes Contractor Accelerator Program shall provide participants with opportunities to be listed in any relevant directories and databases organized by the Commission on Equity and Inclusion (rather than organized by the Department of Central Management Services). Amends the Blind Vendors Act. Provides that it is the intent of this Act that all State agencies, particularly the Commission on Equity and Inclusion (rather than the Department of Central Management Services), promote and advocate for the Business Enterprise Program for the Blind. Amends the Illinois Procurement Code. Provides that the Business Enterprise Program is a program of the Commission on Equity and Inclusion (rather than the Department of Central Management Services). Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Removes provisions relating to a study and report that measured the impact of discrimination on minority and women business development in Illinois that was to be completed by October 28, 2010. Provides that the Commission on Equity and Inclusion (rather than the Department of Central Management Services) shall conduct a new social scientific study that measures the impact of discrimination on minority and women business development in Illinois, shall issue a report, and shall establish a specified model between 2028 and 2029. Changes various references to the Department of Central Management Services to the Commission on Equity and Inclusion. Extends the date on which the Act will be repealed from June 30, 2029 to June 30, 2030. Effective immediately.


LRB103 35889 AWJ 65974 b

 

 

A BILL FOR

 

HB4360LRB103 35889 AWJ 65974 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (20 ILCS 405/405-530 rep.)
5    (20 ILCS 405/405-535 rep.)
6    Section 5. The Department of Central Management Services
7Law of the Civil Administrative Code of Illinois is amended by
8repealing Sections 405-530 and 405-535.
 
9    Section 10. The Energy Transition Act is amended by
10changing Section 5-55 as follows:
 
11    (20 ILCS 730/5-55)
12    (Section scheduled to be repealed on September 15, 2045)
13    Sec. 5-55. Clean Energy Primes Contractor Accelerator
14Program.
15    (a) As used in this Section:
16    "Approved vendor" means the definition of that term used
17and as may be updated by the Illinois Power Agency.
18    "Minority business" means a minority-owned business as
19defined in Section 2 of the Business Enterprise for
20Minorities, Women, and Persons with Disabilities Act.
21    "Minority Business Enterprise certification" means the
22certification or recognition certification affidavit from the

 

 

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1Commission on Equity and Inclusion's State of Illinois
2Department of Central Management Services Business Enterprise
3Program or a program with equivalent requirements.
4    "Program" means the Clean Energy Primes Contractor
5Accelerator Program.
6    "Returning resident" has the meaning given to that term in
7Section 5-50 of this Act.
8    (b) Subject to appropriation, the Department shall
9develop, and through a Primes Program Administrator and
10Regional Primes Program Leads described in this Section,
11administer the Clean Energy Primes Contractor Accelerator
12Program. The Program shall be administered in 3 program
13delivery areas: the Northern Illinois Program Delivery Area
14covering Northern Illinois, the Central Illinois Program
15Delivery Area covering Central Illinois, and the Southern
16Illinois Program Delivery Area covering Southern Illinois.
17Prior to developing the Program, the Department shall solicit
18public comments, with a 30-day comment period, to gather input
19on Program implementation and associated community outreach
20options.
21    (c) The Program shall be available to selected contractors
22who best meet the following criteria:
23        (1) 2 or more years of experience in a clean energy or
24    a related contracting field;
25        (2) at least $5,000 in annual business; and
26        (3) a substantial and demonstrated commitment of

 

 

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1    investing in and partnering with individuals and
2    institutions in equity investment eligible communities.
3    (c-5) The Department shall develop scoring criteria to
4select contractors for the Program, which shall consider:
5        (1) projected hiring and industry job creation,
6    including wage and benefit expectations;
7        (2) a clear vision of strategic business growth and
8    how increased capitalization would benefit the business;
9        (3) past project work quality and demonstration of
10    technical knowledge;
11        (4) capacity the applicant is anticipated to bring to
12    project development;
13        (5) willingness to assume risk;
14        (6) anticipated revenues from future projects;
15        (7) history of commitment to advancing equity as
16    demonstrated by, among other things, employment of or
17    ownership by equity investment eligible persons and a
18    history of partnership with equity focused community
19    organizations or government programs; and
20        (8) business models that build wealth in the larger
21    underserved community.
22    Applicants for Program participation shall be allowed to
23reapply for a future cohort if they are not selected, and the
24Primes Program Administrator shall inform each applicant of
25this option.
26    (d) The Department, in consultation with the Primes

 

 

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1Program Administrator and Regional Primes Program Leads, shall
2select a new cohort of participant contractors from each
3Program Delivery Area every 18 months. Each regional cohort
4shall include between 3 and 5 participants. The Program shall
5cap contractors in the energy efficiency sector at 50% of
6available cohort spots and 50% of available grants and loans,
7if possible.
8    (e) The Department shall hire a Primes Program
9Administrator with experience in leading a large
10contractor-based business in Illinois; coaching and mentoring;
11the Illinois clean energy industry; and working with equity
12investment eligible community members, organizations, and
13businesses.
14    (f) The Department shall select 3 Regional Primes Program
15Leads who shall report directly to the Primes Program
16Administrator. The Regional Primes Program Leads shall be
17located within their Program Delivery Area and have experience
18in leading a large contractor-based business in Illinois;
19coaching and mentoring; the Illinois clean energy industry;
20developing relationships with companies in the Program
21Delivery Area; and working with equity investment eligible
22community members, organizations, and businesses.
23    (g) The Department may determine how Program elements will
24be delivered or may contract with organizations with
25experience delivering the Program elements described in
26subsection (h) of this Section.

 

 

HB4360- 5 -LRB103 35889 AWJ 65974 b

1    (h) The Clean Energy Primes Contractor Accelerator Program
2shall provide participants with:
3        (1) a 5-year, 6-month progressive course of one-on-one
4    coaching to assist each participant in developing an
5    achievable 5-year business plan, including review of
6    monthly metrics, and advice on achieving participant's
7    goals;
8        (2) operational support grants not to exceed
9    $1,000,000 annually to support the growth of participant
10    contractors with access to capital for upfront project
11    costs and pre-development funding, among others. The
12    amount of the grant shall be based on anticipated project
13    size and scope;
14        (3) business coaching based on the participant's
15    needs;
16        (4) a mentorship of approximately 2 years provided by
17    a qualified company in the participant's field;
18        (5) access to Clean Energy Contractor Incubator
19    Program services;
20        (6) assistance with applying for Minority Business
21    Enterprise certification and other relevant certifications
22    and approved vendor status for programs offered by
23    utilities or other entities;
24        (7) assistance with preparing bids and Request for
25    Proposal applications;
26        (8) opportunities to be listed in any relevant

 

 

HB4360- 6 -LRB103 35889 AWJ 65974 b

1    directories and databases organized by the Commission on
2    Equity and Inclusion Department of Central Management
3    Services;
4        (9) opportunities to connect with participants in
5    other Department programs;
6        (10) assistance connecting with and initiating
7    participation in the Illinois Power Agency's Adjustable
8    Block program, the Illinois Solar for All Program, and
9    utility programs; and
10        (11) financial development assistance programs such as
11    zero-interest and low-interest loans with the Climate Bank
12    as established by Article 850 of the Illinois Finance
13    Authority Act or a comparable financing mechanism. The
14    Illinois Finance Authority shall retain authority to
15    determine loan repayment terms and conditions.
16    (i) The Primes Program Administrator shall:
17        (1) collect and report performance metrics as
18    described in this Section;
19        (2) review and assess:
20            (i) participant work plans and annual goals; and
21            (ii) the mentorship program, including approved
22        mentor companies and their stipend awards; and
23        (3) work with the Regional Primes Program Leads to
24    publicize the Program; design and implement a mentorship
25    program; and ensure participants are quickly on-boarded.
26    (j) The Regional Primes Program Leads shall:

 

 

HB4360- 7 -LRB103 35889 AWJ 65974 b

1        (1) publicize the Program; the budget shall include
2    funds to pay community-based organizations with a track
3    record of working with equity investment eligible
4    communities to complete this work;
5        (2) recruit qualified Program applicants;
6        (3) assist Program applicants with the application
7    process;
8        (4) introduce participants to the Program offerings;
9        (5) conduct entry and annual assessments with
10    participants to identify training, coaching, and other
11    Program service needs;
12        (6) assist participants in developing goals on entry
13    and annually, and assessing progress toward meeting the
14    goals;
15        (7) establish a metric reporting system with each
16    participant and track the metrics for progress against the
17    contractor's work plan and Program goals;
18        (8) assist participants in receiving their Minority
19    Business Enterprise certification and any other relevant
20    certifications and approved vendor statuses;
21        (9) match participants with Clean Energy Contractor
22    Incubator Program offerings and individualized expert
23    coaching, including training on working with returning
24    residents and companies that employ them;
25        (10) pair participants with a mentor company;
26        (11) facilitate connections between participants and

 

 

HB4360- 8 -LRB103 35889 AWJ 65974 b

1    potential subcontractors and employees;
2        (12) dispense a participant's awarded operational
3    grant funding;
4        (13) connect participants to zero-interest and
5    low-interest loans from the Climate Bank as established by
6    Article 850 of the Illinois Finance Authority Act or a
7    comparable financing mechanism;
8        (14) encourage participants to apply for appropriate
9    State and private business opportunities;
10        (15) review a participant's progress and make a
11    recommendation to the Department about whether the
12    participant should continue in the Program, be considered
13    a Program graduate, and whether adjustments should be made
14    to a participant's grant funding, loans, and related
15    services;
16        (16) solicit information from participants, which
17    participants shall be required to provide, necessary to
18    understand the participant's business, including financial
19    and income information, certifications that the
20    participant is seeking to obtain, and ownership, employee,
21    and subcontractor data, including compensation, length of
22    service, and demographics; and
23        (17) other duties as required.
24    (k) Performance metrics. The Primes Program Administrator
25and Regional Primes Program Leads shall collaborate to collect
26and report the following metrics quarterly to the Department

 

 

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1and Advisory Council:
2        (1) demographic information on cohort recruiting and
3    formation, including racial, gender, geographic
4    distribution data, and data on the number and percentage
5    of R3 residents, environmental justice community
6    residents, foster care alumni, and formerly convicted
7    persons who are cohort applicants and admitted
8    participants;
9        (2) participant contractor engagement in other
10    Illinois clean energy programs such as the Adjustable
11    Block program, Illinois Solar for All Program, and the
12    utility-run energy efficiency and electric vehicle
13    programs;
14        (3) retention of participants in each cohort;
15        (4) total projects bid, started, and completed by
16    participants, including information about revenue, hiring,
17    and subcontractor relationships with projects;
18        (5) certifications issued;
19        (6) employment data for contractor hires and industry
20    jobs created, including demographic, salary, length of
21    service, and geographic data;
22        (7) grants and loans distributed; and
23        (8) participant satisfaction with the Program.
24    The metrics in paragraphs (2), (4), and (6) shall be
25collected from Program participants and graduates for 10 years
26from their entrance into the Program to help the Department

 

 

HB4360- 10 -LRB103 35889 AWJ 65974 b

1and Program Administrators understand the Program's long-term
2effect.
3    Data should be anonymized where needed to protect
4participant privacy.
5    The Department shall make such reports publicly available
6on its website.
7    (l) Mentorship Program.
8        (1) The Regional Primes Program Leads shall recruit,
9    and the Primes Program Administrator shall select, with
10    approval from the Department, private companies with the
11    following qualifications to mentor participants and assist
12    them in succeeding in the clean energy industry:
13            (i) excellent standing with state clean energy
14        programs;
15            (ii) 4 or more years of experience in their field;
16        and
17            (iii) a proven track record of success in their
18        field.
19        (2) Mentor companies may receive a stipend, determined
20    by the Department, for their participation. Mentor
21    companies may identify what level of stipend they require.
22        (3) The Primes Program Administrator shall develop
23    guidelines for mentor company-mentee profit sharing or
24    purchased services agreements.
25        (4) The Regional Primes Program Leads shall:
26            (i) collaborate with mentor companies and

 

 

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1        participants to create a plan for ongoing contact such
2        as on-the-job training, site walkthroughs, business
3        process and structure walkthroughs, quality assurance
4        and quality control reviews, and other relevant
5        activities;
6            (ii) recommend the mentor company-mentee pairings
7        and associated mentor company stipends for approval;
8            (iii) conduct an annual review of each mentor
9        company-mentee pairing and recommend whether the
10        pairing continues for a second year and the level of
11        stipend that is appropriate. The review shall also
12        ensure that any profit sharing and purchased services
13        agreements adhere to the guidelines established by the
14        Primes Program Administrator.
15        (5) Contractors may request reassignment to a new
16    mentor company.
17    (m) Disparity study. The Program Administrator shall
18cooperate with the Illinois Power Agency in the conduct of a
19disparity study, as described in subsection (c-15) of Section
201-75 of the Illinois Power Agency Act, and in the effectuation
21of appropriate remedies necessary to address any
22discrimination that such study may find. Potential remedies
23shall include, but not be limited to, race-conscious remedies
24to rapidly eliminate discrimination faced by minority
25businesses and works in the industry this Program serves,
26consistent with the law. Remedies shall be developed through

 

 

HB4360- 12 -LRB103 35889 AWJ 65974 b

1consultation with individuals, companies, and organizations
2that have expertise on discrimination faced in the market and
3potential legally permissible remedies for addressing it.
4Notwithstanding any other requirement of this Section, the
5Program Administrator shall modify program participation
6criteria or goals as soon as the report has been published, in
7such a way as is consistent with state and federal law, to
8rapidly eliminate discrimination on minority businesses and
9workers in the industry this Program serves by setting
10standards for Program participation. This study will be paid
11for with funds from the Energy Transition Assistance Fund or
12any other lawful source.
13    (n) Program budget.
14        (1) The Department may allocate up to $3,000,000
15    annually to the Primes Program Administrator for each of
16    the 3 regional budgets from the Energy Transition
17    Assistance Fund.
18        (2) The Primes Program Administrator shall work with
19    the Illinois Finance Authority and the Climate Bank as
20    established by Article 850 of the Illinois Finance
21    Authority Act or comparable financing institution so that
22    loan loss reserves may be sufficient to underwrite
23    $7,000,000 in low-interest loans in each of the 3 Program
24    delivery areas.
25        (3) Any grant and loan funding shall be made available
26    to participants in a timely fashion.

 

 

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1(Source: P.A. 102-662, eff. 9-15-21.)
 
2    Section 15. The Blind Vendors Act is amended by changing
3Section 10 as follows:
 
4    (20 ILCS 2421/10)
5    Sec. 10. Business Enterprise Program for the Blind.
6    (a) The Business Enterprise Program for the Blind is
7created for the purposes of providing blind persons with
8remunerative employment, enlarging the economic opportunities
9of the blind, and stimulating the blind to greater efforts in
10striving to make themselves self-supporting. In order to
11achieve these goals, blind persons licensed under this Act
12shall be authorized to operate vending facilities on any
13property within this State as provided by this Act.
14    It is the intent of the General Assembly that the
15Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f, and the
16federal regulations for its administration set forth in Part
17395 of Title 34 of the Code of Federal Regulations, shall serve
18as a model for minimum standards for the operation of the
19Business Enterprise Program for the Blind. The federal
20Randolph-Sheppard Act provides employment opportunities for
21individuals who are blind or visually impaired through the
22Business Enterprise Program for the Blind. Under the
23Randolph-Sheppard Act, all federal agencies are required to
24give priority to licensed blind vendors in the operation of

 

 

HB4360- 14 -LRB103 35889 AWJ 65974 b

1vending facilities on federal property. It is the intent of
2this Act to provide the same priority to licensed blind
3vendors on State property by requiring State agencies to give
4priority to licensed blind vendors in the operation of vending
5facilities on State property and preference to licensed blind
6vendors in the operation of cafeteria facilities on State
7property. Furthermore, it is the intent of this Act that all
8State agencies, particularly the Commission on Equity and
9Inclusion Department of Central Management Services, promote
10and advocate for the Business Enterprise Program for the
11Blind.
12    (b) The Secretary, through the Director, shall continue,
13maintain, and promote the Business Enterprise Program for the
14Blind. Some or all of the functions of the program may be
15provided by the Department of Human Services. The Business
16Enterprise Program for the Blind must provide that:
17        (1) priority is given to blind vendors in the
18    operation of vending facilities on State property;
19        (2) tie bid preference is given to blind vendors in
20    the operation of cafeterias on State property, unless the
21    cafeteria operations are operated by employees of a State
22    agency;
23        (3) vending machine income from all vending machines
24    on State property is assigned as provided for by Section
25    30 of this Act;
26        (4) no State agency may impose any commission, service

 

 

HB4360- 15 -LRB103 35889 AWJ 65974 b

1    charge, rent, or utility charge on a licensed blind vendor
2    who is operating a vending facility on State property
3    unless approved by the Department;
4        (5) the Department shall approve a commission to the
5    State agency from a blind vendor operating a vending
6    facility on the State property of the Department of
7    Corrections or the Department of Juvenile Justice in the
8    amount of 10% of the net proceeds from vending machines
9    servicing State employees and 25% of the net proceeds from
10    vending machines servicing visitors on the State property;
11    and
12        (6) vending facilities operated by the Program use
13    reasonable and necessary means and methods to maintain
14    fair market pricing in relation to each facility's given
15    demographic, geographic, and other circumstances.
16    (c) With respect to vending facilities on federal property
17within this State, priority shall be given as provided in the
18federal Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f,
19including any amendments thereto. This Act, as it applies to
20federal property, is intended to conform to the federal Act,
21and is to be of no force or effect if, and to the extent that,
22any provision of this Act or any rule adopted under this Act is
23in conflict with the federal Act. Nothing in this subsection
24shall be construed to impose limitations on the operation of
25vending facilities on State property, or property other than
26federal property, or to allow only those activities

 

 

HB4360- 16 -LRB103 35889 AWJ 65974 b

1specifically enumerated in the Randolph-Sheppard Act.
2    (d) The Secretary shall actively pursue all commissions
3from vending facilities not operated by blind vendors as
4provided in Section 30 of this Act, and shall propose new
5placements of vending facilities on State property where a
6facility is not yet in place.
7    (e) Partnerships and teaming arrangements between blind
8vendors and private industry, including franchise operations,
9shall be fostered and encouraged by the Department.
10(Source: P.A. 96-644, eff. 1-1-10.)
 
11    Section 20. The Illinois Procurement Code is amended by
12changing Section 15-25 as follows:
 
13    (30 ILCS 500/15-25)
14    Sec. 15-25. Bulletin content.
15    (a) Invitations for bids. Notice of each and every
16contract that is offered, including renegotiated contracts and
17change orders, shall be published in the Bulletin. The
18applicable chief procurement officer may provide by rule an
19organized format for the publication of this information, but
20in any case it must include at least the date first offered,
21the date submission of offers is due, the location that offers
22are to be submitted to, the purchasing State agency, the
23responsible State purchasing officer, a brief purchase
24description, the method of source selection, information of

 

 

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1how to obtain a comprehensive purchase description and any
2disclosure and contract forms, and encouragement to potential
3contractors to hire qualified veterans, as defined by Section
445-67 of this Code, and qualified Illinois minorities, women,
5persons with disabilities, and residents discharged from any
6Illinois adult correctional center.
7    (a-5) All businesses listed on the Illinois Unified
8Certification Program Disadvantaged Business Enterprise
9Directory, the Business Enterprise Program of the Commission
10on Equity and Inclusion Department of Central Management
11Services, and any small business database created pursuant to
12Section 45-45 of this Code shall be furnished written
13instructions and information on how to register for the
14Illinois Procurement Bulletin. This information shall be
15provided to each business within 30 calendar days after the
16business's notice of certification or qualification.
17    (b) Contracts let. Notice of each and every contract that
18is let, including renegotiated contracts and change orders,
19shall be issued electronically to those bidders submitting
20responses to the solicitations, inclusive of the unsuccessful
21bidders, immediately upon contract let. Failure of any chief
22procurement officer to give such notice shall result in
23tolling the time for filing a bid protest up to 7 calendar
24days.
25    For purposes of this subsection (b), "contracts let" means
26a construction agency's act of advertising an invitation for

 

 

HB4360- 18 -LRB103 35889 AWJ 65974 b

1bids for one or more construction projects.
2    (b-5) Contracts awarded. Notice of each and every contract
3that is awarded, including renegotiated contracts and change
4orders, shall be issued electronically to the successful
5responsible bidder, offeror, or contractor and published in
6the Bulletin. The applicable chief procurement officer may
7provide by rule an organized format for the publication of
8this information, but in any case it must include at least all
9of the information specified in subsection (a) as well as the
10name of the successful responsible bidder, offeror, the
11contract price, the number of unsuccessful bidders or offerors
12and any other disclosure specified in any Section of this
13Code. This notice must be posted in the online electronic
14Bulletin prior to execution of the contract.
15    For purposes of this subsection (b-5), "contract award"
16means the determination that a particular bidder or offeror
17has been selected from among other bidders or offerors to
18receive a contract, subject to the successful completion of
19final negotiations. "Contract award" is evidenced by the
20posting of a Notice of Award or a Notice of Intent to Award to
21the respective volume of the Illinois Procurement Bulletin.
22    (c) Emergency purchase disclosure. Any chief procurement
23officer or State purchasing officer exercising emergency
24purchase authority under this Code shall publish a written
25description and reasons and the total cost, if known, or an
26estimate if unknown and the name of the responsible chief

 

 

HB4360- 19 -LRB103 35889 AWJ 65974 b

1procurement officer and State purchasing officer, and the
2business or person contracted with for all emergency purchases
3in the Bulletin. The notice for an emergency procurement other
4than the extension of an emergency contract must be posted in
5the online electronic Bulletin no later than 5 calendar days
6after the contract is awarded, and notice for the extension of
7an emergency contract must be posted in the online electronic
8Bulletin no later than 7 calendar days after the extension is
9executed.
10    (c-5) Business Enterprise Program report. Each purchasing
11agency shall, with the assistance of the applicable chief
12procurement officer, post in the online electronic Bulletin a
13copy of its annual report of utilization of businesses owned
14by minorities, women, and persons with disabilities as
15submitted to the Business Enterprise Council for Minorities,
16Women, and Persons with Disabilities pursuant to Section 6(c)
17of the Business Enterprise for Minorities, Women, and Persons
18with Disabilities Act within 10 calendar days after its
19submission of its report to the Council.
20    (c-10) Renewals. Notice of each contract renewal shall be
21posted in the Bulletin within 14 calendar days of the
22determination to execute a renewal of the contract. The notice
23shall include at least all of the information required in
24subsection (a) or (b), as applicable.
25    (c-15) Sole source procurements. Before entering into a
26sole source contract, a chief procurement officer exercising

 

 

HB4360- 20 -LRB103 35889 AWJ 65974 b

1sole source procurement authority under this Code shall
2publish a written description of intent to enter into a sole
3source contract along with a description of the item to be
4procured and the intended sole source contractor. This notice
5must be posted in the online electronic Procurement Bulletin
6before a sole source contract is awarded and at least 14
7calendar days before the hearing required by Section 20-25.
8    (d) Other required disclosure. The applicable chief
9procurement officer shall provide by rule for the organized
10publication of all other disclosure required in other Sections
11of this Code in a timely manner.
12    (e) The changes to subsections (b), (c), (c-5), (c-10),
13and (c-15) of this Section made by Public Act 96-795 apply to
14reports submitted, offers made, and notices on contracts
15executed on or after July 1, 2010 (the effective date of Public
16Act 96-795). The changes made to subsection (c) by this
17amendatory Act of the 102nd General Assembly apply only to
18emergency contract extensions executed on or after the
19effective date of this amendatory Act of the 102nd General
20Assembly.
21    (f) Each chief procurement officer shall, in consultation
22with the agencies under his or her jurisdiction, provide the
23Procurement Policy Board with the information and resources
24necessary, and in a manner, to effectuate the purpose of
25Public Act 96-1444.
26(Source: P.A. 102-1119, eff. 1-23-23.)
 

 

 

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1    Section 25. The Commission on Equity and Inclusion Act is
2amended by adding Sections 40-15 and 40-20 as follows:
 
3    (30 ILCS 574/40-15 new)
4    Sec. 40-15. Higher education supplier diversity report.
5    (a) Every private institution of higher education approved
6by the Illinois Student Assistance Commission for purposes of
7the Monetary Award Program shall submit an annual 2-page
8report in a searchable Adobe PDF format on its voluntary
9supplier diversity program to the Commission on or before
10November 15 of each year. The report shall set forth all of the
11following:
12        (1) The name, address, phone number, and email address
13    of the point of contact for the supplier diversity
14    program, or the institution's procurement program if there
15    is no supplier diversity program, for vendors to register
16    with the program.
17        (2) Local and State certifications the institution
18    accepts or recognizes for minority-owned, women-owned, or
19    veteran-owned business status.
20        (3) On the second page, a narrative explaining the
21    results of the report and the tactics to be employed to
22    achieve the goals.
23        (4) The voluntary goals, if any, for either the fiscal
24    year or calendar year in each category for the entire

 

 

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1    budget of the institution, expending both public and
2    private moneys, including any fee-supported entities, and
3    the commodity codes or a description of particular goods
4    and services for the area of procurement in which the
5    institution expects most of those goals to focus on in the
6    next reporting year. The actual spending for the entire
7    budget of the institution, expending both public and
8    private moneys, including any fee-supported entities, for
9    minority-owned business enterprises, women-owned business
10    enterprises, and veteran-owned business enterprises,
11    expressed both in actual dollars and as a percentage of
12    the total budget of the institution, must be included for
13    each reporting year.
14    (b) For each report submitted under subsection (a), the
15Commission shall publish the results on its website for no
16less than 5 years after submission. The Commission is not
17responsible for collecting the reports or for the content of
18the reports.
19    (c) The Commission shall hold an annual higher education
20supplier diversity workshop every February to discuss the
21reports with representatives of the institutions of higher
22education and vendors.
23    (d) The Commission shall prepare a one-page template, not
24including the narrative section, for the voluntary supplier
25diversity reports.
 

 

 

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1    (30 ILCS 574/40-20 new)
2    Sec. 40-20. Race and gender wage reports.
3    (a) Each State agency and public institution of higher
4education shall annually submit to the Commission a report,
5categorized by both race and gender, specifying the respective
6wage earnings of employees of that State agency or public
7institution of higher education.
8    (b) The Commission shall compile the information submitted
9under this Section and make that information available to the
10public on the website of the Commission.
11    (c) The Commission shall annually submit a report of the
12information compiled under this Section to the Governor and
13the General Assembly.
14    (d) As used in this Section:
15    "Public institution of higher education" has the meaning
16provided in Section 1 of the Board of Higher Education Act.
17    "State agency" means all departments, officers,
18commissions, boards, institutions, and bodies politic and
19corporate of the State. "State agency" does not include the
20judicial branch, including, without limitation, the courts of
21the State, the office of the clerk of the Supreme Court and the
22clerks of the appellate court, and the Administrative Office
23of the Illinois Courts, or the legislature, its agencies, or
24its committees or commissions.
 
25    Section 30. The Business Enterprise for Minorities, Women,

 

 

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1and Persons with Disabilities Act is amended by changing
2Sections 4, 6a, 8c, 8g, 8j, and 9 as follows:
 
3    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
4    (Section scheduled to be repealed on June 30, 2029)
5    Sec. 4. Award of State contracts.
6    (a) Except as provided in subsection (b), not less than
730% of the total dollar amount of State contracts, as defined
8by the Secretary of the Council and approved by the Council,
9shall be established as an aspirational goal to be awarded to
10businesses owned by minorities, women, and persons with
11disabilities; provided, however, that of the total amount of
12all State contracts awarded to businesses owned by minorities,
13women, and persons with disabilities pursuant to this Section,
14contracts representing at least 16% shall be awarded to
15businesses owned by minorities, contracts representing at
16least 10% shall be awarded to women-owned businesses, and
17contracts representing at least 4% shall be awarded to
18businesses owned by persons with disabilities.
19    (a-5) In addition to the aspirational goals in awarding
20State contracts set under subsection (a), the Commission shall
21by rule further establish targeted efforts to encourage the
22participation of businesses owned by minorities, women, and
23persons with disabilities on State contracts. Such efforts
24shall include, but not be limited to, further concerted
25outreach efforts to businesses owned by minorities, women, and

 

 

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1persons with disabilities.
2    The above percentage relates to the total dollar amount of
3State contracts during each State fiscal year, calculated by
4examining independently each type of contract for each agency
5or public institutions of higher education which lets such
6contracts. Only that percentage of arrangements which
7represents the participation of businesses owned by
8minorities, women, and persons with disabilities on such
9contracts shall be included. State contracts subject to the
10requirements of this Act shall include the requirement that
11only expenditures to businesses owned by minorities, women,
12and persons with disabilities that perform a commercially
13useful function may be counted toward the goals set forth by
14this Act. Contracts shall include a definition of
15"commercially useful function" that is consistent with 49 CFR
1626.55(c).
17    (b) Not less than 20% of the total dollar amount of State
18construction contracts is established as an aspirational goal
19to be awarded to businesses owned by minorities, women, and
20persons with disabilities; provided that, contracts
21representing at least 11% of the total dollar amount of State
22construction contracts shall be awarded to businesses owned by
23minorities; contracts representing at least 7% of the total
24dollar amount of State construction contracts shall be awarded
25to women-owned businesses; and contracts representing at least
262% of the total dollar amount of State construction contracts

 

 

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1shall be awarded to businesses owned by persons with
2disabilities.
3    (c) (Blank).
4    (c-5) All goals established under this Section shall be
5contingent upon the results of the most recent disparity study
6conducted by the State.
7    (d) Within one year after April 28, 2009 (the effective
8date of Public Act 96-8), the Department of Central Management
9Services shall conduct a social scientific study that measures
10the impact of discrimination on minority and women business
11development in Illinois. Within 18 months after April 28, 2009
12(the effective date of Public Act 96-8), the Department shall
13issue a report of its findings and any recommendations on
14whether to adjust the goals for minority and women
15participation established in this Act. Copies of this report
16and the social scientific study shall be filed with the
17Governor and the General Assembly. By December 31, 2028
18December 1, 2020, the Commission on Equity and Inclusion
19Department of Central Management Services shall conduct a new
20social scientific study that measures the impact of
21discrimination on minority and women business development in
22Illinois. By June 30, 2029 June 1, 2022, the Commission
23Department shall issue a report of its findings and any
24recommendations on whether to adjust the goals for minority
25and women participation established in this Act. Copies of
26this report and the social scientific study shall be filed

 

 

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1with the Governor and the General Assembly. By December 31,
22029 December 1, 2022, the Commission on Equity and Inclusion
3Business Enterprise Program shall develop a model for social
4scientific disparity study sourcing for local governmental
5units to adapt and implement to address regional disparities
6in public procurement.
7    (e) All State contract solicitations that include Business
8Enterprise Program participation goals shall require bidders
9or offerors to include utilization plans. Utilization plans
10are due at the time of bid or offer submission. Failure to
11complete and include a utilization plan, including
12documentation demonstrating good faith efforts when requesting
13a waiver, shall render the bid or offer non-responsive.
14    Except as permitted under this Act or as otherwise
15mandated by federal regulation, a bidder or offeror whose bid
16or offer is accepted and who included in that bid a completed
17utilization plan but who fails to meet the goals set forth in
18the plan shall be notified of the deficiency by the
19contracting agency or public institution of higher education
20and shall be given a period of 10 calendar days to cure the
21deficiency by contracting with additional subcontractors who
22are certified by the Business Enterprise Program or by
23increasing the work to be performed by previously identified
24vendors certified by the Business Enterprise Program.
25    Deficiencies that may be cured include: (i) scrivener's
26errors, such as transposed numbers; (ii) information submitted

 

 

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1in an incorrect form or format; (iii) mistakes resulting from
2failure to follow instructions or to identify and adequately
3document good faith efforts taken to comply with the
4utilization plan; or (iv) a proposal to use a firm whose
5Business Enterprise Program certification has lapsed or is not
6yet recognized. Cure is not authorized if the bidder or
7offeror submits a blank utilization plan, a utilization plan
8that shows lack of reasonable effort to complete the form on
9time, or a utilization plan that states the contract will be
10self-performed, by a non-certified vendor, without showing
11good faith efforts or a request for a waiver. All cure activity
12shall address the deficiencies identified by the purchasing
13agency and shall require clear documentation, including that
14of good faith efforts, to address those deficiencies. Any
15increase in cost to a contract for the addition of a
16subcontractor to cure a bid's deficiency shall not affect the
17bid price and shall not be used in the request for an exemption
18under this Act, and, in no case, shall an identified
19subcontractor with a Business Enterprise Program certification
20made under this Act be terminated from a contract without the
21written consent of the State agency or public institution of
22higher education entering into the contract. The purchasing
23agency or public institution of higher education shall make
24the determination whether the cure is adequate.
25    Vendors certified with the Business Enterprise Program at
26the time and date submittals are due and who do not submit a

 

 

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1utilization plan or have utilization plan deficiencies shall
2have 10 business days to submit a utilization plan or to
3correct the utilization plan deficiencies.
4    (f) (Blank).
5    (g) (Blank).
6    (h) State agencies and public institutions of higher
7education shall notify the Commission on Equity and Inclusion
8of all non-responsive bids or proposals for State contracts.
9(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
10101-657, Article 1, Section 1-5, eff. 1-1-22; 101-657, Article
1140, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21;
12102-558, eff. 8-20-21; 102-1119, eff. 1-23-23.)
 
13    (30 ILCS 575/6a)  (from Ch. 127, par. 132.606a)
14    (Section scheduled to be repealed on June 30, 2029)
15    Sec. 6a. Notice of contracts to Council. Except in case of
16emergency as defined in the Illinois Procurement Code, or as
17authorized by rule promulgated by the Commission on Equity and
18Inclusion Department of Central Management Services, each
19agency and public institution of higher education under the
20jurisdiction of this Act shall notify the Secretary of the
21Council of proposed contracts for professional and artistic
22services and provide the information in the form and detail as
23required by rule promulgated by the Commission on Equity and
24Inclusion Department of Central Management Services.
25Notification may be made through direct written communication

 

 

HB4360- 30 -LRB103 35889 AWJ 65974 b

1to the Secretary to be received at least 14 days before
2execution of the contract (or the solicitation response date,
3if applicable). The agency or public institution of higher
4education must consider any vendor referred by the Secretary
5before execution of the contract. The provisions of this
6Section shall not apply to any State agency or public
7institution of higher education that has awarded contracts for
8professional and artistic services to businesses owned by
9minorities, women, and persons with disabilities totaling in
10the aggregate $40,000,000 or more during the preceding fiscal
11year.
12(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
13    (30 ILCS 575/8c)  (from Ch. 127, par. 132.608c)
14    (Section scheduled to be repealed on June 30, 2029)
15    Sec. 8c. Recommended rules and regulations for the
16establishment and continuation of narrowly tailored sheltered
17markets under Section 8b shall be approved by the Council
18prior to submission by the Commission on Equity and Inclusion
19Department of Central Management Services to the Joint
20Committee on Administrative Rules. These rules shall include
21but not be limited to agency goals, waivers and procedures for
22use of sheltered markets.
23(Source: P.A. 86-269; 86-270.)
 
24    (30 ILCS 575/8g)

 

 

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1    (Section scheduled to be repealed on June 30, 2029)
2    Sec. 8g. Business Enterprise Program Council reports.
3    (a) The Commission on Equity and Inclusion Department of
4Central Management Services shall provide a report to the
5Council identifying all State agency non-construction
6solicitations that exceed $20,000,000 and that have less than
7a 20% established goal prior to publication.
8    (b) The Commission on Equity and Inclusion Department of
9Central Management Services shall provide a report to the
10Council identifying all State agency non-construction awards
11that exceed $20,000,000. The report shall contain the
12following: (i) the name of the awardee; (ii) the total bid
13amount; (iii) the established Business Enterprise Program
14goal; (iv) the dollar amount and percentage of participation
15by businesses owned by minorities, women, and persons with
16disabilities; and (v) the names of the certified firms
17identified in the utilization plan.
18(Source: P.A. 100-391, eff. 8-25-17; 100-863, eff. 8-14-18.)
 
19    (30 ILCS 575/8j)
20    (Section scheduled to be repealed on June 30, 2029)
21    Sec. 8j. Special Committee on Minority, Female, Persons
22with Disabilities, and Veterans Contracting.
23    (a) There is created a Special Committee on Minority,
24Female, Persons with Disabilities, and Veterans Contracting
25under the Council. The Special Committee shall review

 

 

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1Illinois' procurement laws regarding contracting with
2minority-owned businesses, women-owned businesses, businesses
3owned by persons with disabilities, and veteran-owned
4businesses to determine what changes should be made to
5increase participation of these businesses in State
6procurements.
7    (b) The Special Committee shall consist of the following
8members:
9        (1) 3 persons each to be appointed by the Speaker of
10    the House of Representatives, the Minority Leader of the
11    House of Representatives, the President of the Senate, and
12    the Minority Leader of the Senate; only one Special
13    Committee member of each appointee under this paragraph
14    may be a current member of the General Assembly;
15        (2) the Executive Director of the Commission on Equity
16    and Inclusion or the Executive Director's designee
17    Director of Central Management Services, or his or her
18    designee;
19        (3) the chairperson of the Council, or his or her
20    designee; and
21        (4) each chief procurement officer.
22    (c) The Special Committee shall conduct at least 3
23hearings, with at least one hearing in Springfield and one in
24Chicago. Each hearing shall be open to the public and notice of
25the hearings shall be posted on the websites of the
26Procurement Policy Board, the Commission on Equity and

 

 

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1Inclusion Department of Central Management Services, and the
2General Assembly at least 6 days prior to the hearing.
3(Source: P.A. 100-43, eff. 8-9-17; 100-863, eff. 8-14-18.)
 
4    (30 ILCS 575/9)  (from Ch. 127, par. 132.609)
5    (Section scheduled to be repealed on June 30, 2029)
6    Sec. 9. Repeal. This Act is repealed June 30, 2030 2029.
7(Source: P.A. 103-563, eff. 11-17-23.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.

 

 

HB4360- 34 -LRB103 35889 AWJ 65974 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 405/405-530 rep.
4    20 ILCS 405/405-535 rep.
5    20 ILCS 730/5-55
6    20 ILCS 2421/10
7    30 ILCS 500/15-25
8    30 ILCS 574/40-15 new
9    30 ILCS 574/40-20 new
10    30 ILCS 575/4from Ch. 127, par. 132.604
11    30 ILCS 575/6afrom Ch. 127, par. 132.606a
12    30 ILCS 575/8cfrom Ch. 127, par. 132.608c
13    30 ILCS 575/8g
14    30 ILCS 575/8j
15    30 ILCS 575/9from Ch. 127, par. 132.609