101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2042

 

Introduced 2/15/2019, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 575/5  from Ch. 127, par. 132.605

    Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that the Business Enterprise Council has the authority and responsibility to, among other authorities and responsibilities, (1) devise a certification procedure that certifies like certifications, including, but not limited to, such certifications for the City of Chicago and Cook County, and (2) annually evaluate certification procedures to ensure efficient standardization with like certifications to ensure current procedures do not cause undue burden to potential vendors owned by minorities, women or persons with disabilities.


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A BILL FOR

 

SB2042LRB101 10723 RJF 55835 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 changing
6Section 5 as follows:
 
7    (30 ILCS 575/5)  (from Ch. 127, par. 132.605)
8    (Section scheduled to be repealed on June 30, 2020)
9    Sec. 5. Business Enterprise Council.
10    (1) To help implement, monitor and enforce the goals of
11this Act, there is created the Business Enterprise Council for
12Minorities, Women, and Persons with Disabilities, hereinafter
13referred to as the Council, composed of the Secretary of Human
14Services and the Directors of the Department of Human Rights,
15the Department of Commerce and Economic Opportunity, the
16Department of Central Management Services, the Department of
17Transportation and the Capital Development Board, or their duly
18appointed representatives, with the Comptroller, or his or her
19designee, serving as an advisory member of the Council. Ten
20individuals representing businesses that are minority-owned or
21women-owned or owned by persons with disabilities, 2
22individuals representing the business community, and a
23representative of public institutions of higher education

 

 

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1shall be appointed by the Governor. These members shall serve 2
2year terms and shall be eligible for reappointment. Any vacancy
3occurring on the Council shall also be filled by the Governor.
4Any member appointed to fill a vacancy occurring prior to the
5expiration of the term for which his predecessor was appointed
6shall be appointed for the remainder of such term. Members of
7the Council shall serve without compensation but shall be
8reimbursed for any ordinary and necessary expenses incurred in
9the performance of their duties.
10    The Director of the Department of Central Management
11Services shall serve as the Council chairperson and shall
12select, subject to approval of the council, a Secretary
13responsible for the operation of the program who shall serve as
14the Division Manager of the Business Enterprise for Minorities,
15Women, and Persons with Disabilities Division of the Department
16of Central Management Services.
17    The Director of each State agency and the chief executive
18officer of each public institutions of higher education shall
19appoint a liaison to the Council. The liaison shall be
20responsible for submitting to the Council any reports and
21documents necessary under this Act.
22    (2) The Council's authority and responsibility shall be to:
23        (a) Devise a certification procedure to assure that
24    businesses taking advantage of this Act are legitimately
25    classified as businesses owned by minorities, women, or
26    persons with disabilities.

 

 

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1        (b) Maintain a list of all businesses legitimately
2    classified as businesses owned by minorities, women, or
3    persons with disabilities to provide to State agencies and
4    public institutions of higher education.
5        (c) Review rules and regulations for the
6    implementation of the program for businesses owned by
7    minorities, women, and persons with disabilities.
8        (d) Review compliance plans submitted by each State
9    agency and public institutions of higher education
10    pursuant to this Act.
11        (e) Make annual reports as provided in Section 8f to
12    the Governor and the General Assembly on the status of the
13    program.
14        (f) Serve as a central clearinghouse for information on
15    State contracts, including the maintenance of a list of all
16    pending State contracts upon which businesses owned by
17    minorities, women, and persons with disabilities may bid.
18    At the Council's discretion, maintenance of the list may
19    include 24-hour electronic access to the list along with
20    the bid and application information.
21        (g) Establish a toll free telephone number to
22    facilitate information requests concerning the
23    certification process and pending contracts.
24        (h) Devise a certification procedure that certifies
25    like certifications, including, but not limited to, such
26    certifications for the City of Chicago and Cook County.

 

 

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1    These procedures shall not add undue burden to potential
2    vendors owned by minorities, women, or persons with
3    disabilities.
4        (i) Annually evaluate certification procedures to
5    ensure efficient standardization with like certifications
6    to ensure current procedures do not cause undue burden to
7    potential vendors owned by minorities, women or persons
8    with disabilities.
9    (3) No premium bond rate of a surety company for a bond
10required of a business owned by a minority, woman, or person
11with a disability bidding for a State contract shall be higher
12than the lowest rate charged by that surety company for a
13similar bond in the same classification of work that would be
14written for a business not owned by a minority, woman, or
15person with a disability.
16    (4) Any Council member who has direct financial or personal
17interest in any measure pending before the Council shall
18disclose this fact to the Council and refrain from
19participating in the determination upon such measure.
20    (5) The Secretary shall have the following duties and
21responsibilities:
22        (a) To be responsible for the day-to-day operation of
23    the Council.
24        (b) To serve as a coordinator for all of the State's
25    programs for businesses owned by minorities, women, and
26    persons with disabilities and as the information and

 

 

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1    referral center for all State initiatives for businesses
2    owned by minorities, women, and persons with disabilities.
3        (c) To establish an enforcement procedure whereby the
4    Council may recommend to the appropriate State legal
5    officer that the State exercise its legal remedies which
6    shall include (1) termination of the contract involved, (2)
7    prohibition of participation by the respondent in public
8    contracts for a period not to exceed 3 years, (3)
9    imposition of a penalty not to exceed any profit acquired
10    as a result of violation, or (4) any combination thereof.
11    Such procedures shall require prior approval by Council.
12        (d) To devise appropriate policies, regulations and
13    procedures for including participation by businesses owned
14    by minorities, women, and persons with disabilities as
15    prime contractors including, but not limited to, (i)
16    encouraging the inclusions of qualified businesses owned
17    by minorities, women, and persons with disabilities on
18    solicitation lists, (ii) investigating the potential of
19    blanket bonding programs for small construction jobs,
20    (iii) investigating and making recommendations concerning
21    the use of the sheltered market process.
22        (e) To devise procedures for the waiver of the
23    participation goals in appropriate circumstances.
24        (f) To accept donations and, with the approval of the
25    Council or the Director of Central Management Services,
26    grants related to the purposes of this Act; to conduct

 

 

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1    seminars related to the purpose of this Act and to charge
2    reasonable registration fees; and to sell directories,
3    vendor lists and other such information to interested
4    parties, except that forms necessary to become eligible for
5    the program shall be provided free of charge to a business
6    or individual applying for the program.
7(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17;
8100-801, eff. 8-10-18.)