102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4096

 

Introduced 5/28/2021, by Rep. Barbara Hernandez

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/45

    Amends the State Finance Act. Amends the State Finance Act. Provides that any capital project of any local governmental entity that is in the amount of $500,000 or more and that is funded in whole or in part by State funds or by federal funds that are administered by the State, including federal funds associated with COVID relief, shall comply with the objectives and participation goals for minority-owned businesses, women-owned businesses, and businesses owned by persons with disabilities under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the equal employment practices of the Illinois Human Rights Act. Provides that each capital project agreement shall include enforceable provisions and penalties relative to the participation goals of minority-owned, women-owned, or persons with disabilities-owned business enterprises, as established through data and other information derived from one or more relevant marketplaces. Provides that local governmental entities may rely on the certification of minority-owned, women-owned, or persons with disabilities-owned business enterprises made by the State or a local governmental entity, and, in establishing the participation goal for each capital project, may likewise rely on marketplace data and other information issued by the State or a local governmental entity. Specifies that the provisions shall not apply to any project (i) for which an agreement was executed before the effective date of the amendatory Act, or (ii) for a federally funded program under which specified requirements would contravene federal law. Makes conforming changes.


LRB102 18701 RJF 27180 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4096LRB102 18701 RJF 27180 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 State Finance Act is amended by changing
5Section 45 as follows:
 
6    (30 ILCS 105/45)
7    Sec. 45. Award of capital funds.
8    (a) Each award by grant or loan of State funds of $250,000
9or more for capital construction costs or professional
10services is conditioned upon the recipient's written
11certification that the recipient shall comply with the
12business enterprise program practices for minority-owned
13businesses, women-owned businesses, and businesses owned by
14persons with disabilities of the Business Enterprise for
15Minorities, Women, and Persons with Disabilities Act (30 ILCS
16575/) and the equal employment practices of Section 2-105 of
17the Illinois Human Rights Act (775 ILCS 5/2-105). This
18subsection (a) Section, however, does not apply to any grant
19or loan (i) for which a grant or loan agreement was executed
20before the effective date of this amendatory Act of the 96th
21General Assembly, (ii) for which prior-incurred costs are
22being reimbursed, or (iii) for a federally funded program
23under which the requirement of this Section would contravene

 

 

HB4096- 2 -LRB102 18701 RJF 27180 b

1federal law. Each recipient shall submit the written
2certification and business enterprise program plan for
3minority-owned businesses, women-owned businesses, and
4businesses owned by persons with disabilities before signing
5the relevant grant or loan agreement. Each grant or loan
6agreement shall include a provision that the grant or loan
7recipient agrees to comply with the provisions of the Business
8Enterprise for Minorities, Women, and Persons with
9Disabilities Act (30 ILCS 575/) and the equal employment
10practices of Section 2-105 of the Illinois Human Rights Act
11(775 ILCS 5/2-105).
12    Each business enterprise program plan shall apply only to
13the State-funded portion of the relevant capital project and
14must be in compliance with all certification and other
15requirements of the Business Enterprise for Minorities, Women,
16and Persons with Disabilities Act.
17    (b) Any capital project of any local governmental entity
18that is in the amount of $500,000 or more and that is funded in
19whole or in part by State funds or by federal funds that are
20administered by the State, including federal funds associated
21with COVID relief, shall comply with the objectives and
22participation goals for minority-owned businesses, women-owned
23businesses, and businesses owned by persons with disabilities
24under the Business Enterprise for Minorities, Women, and
25Persons with Disabilities Act and the equal employment
26practices of Section 2-105 of the Illinois Human Rights Act.

 

 

HB4096- 3 -LRB102 18701 RJF 27180 b

1Each capital project agreement under this subsection (b) shall
2include enforceable provisions and penalties relative to the
3participation goals of minority-owned, women-owned, or persons
4with disabilities-owned business enterprises, as established
5through data and other information derived from one or more
6relevant marketplaces. In such instances, local governmental
7entities may rely on the certification of minority-owned,
8women-owned, or persons with disabilities-owned business
9enterprises made by the State or a local governmental entity,
10and, in establishing the participation goal for each capital
11project, may likewise rely on marketplace data and other
12information issued by the State or a local governmental
13entity. This subsection (b) shall not apply to any project (i)
14for which an agreement was executed before the effective date
15of this amendatory Act of the 102nd General Assembly, or (ii)
16for a federally funded program under which the requirements of
17this Section would contravene federal law.
18(Source: P.A. 100-391, eff. 8-25-17.)