Illinois General Assembly - Full Text of SB3106
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Full Text of SB3106  100th General Assembly

SB3106enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB3106 EnrolledLRB100 20664 RJF 36115 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    Section 5. The Attorney General Act is amended by adding
5Section 9 as follows:
 
6    (15 ILCS 205/9 new)
7    Sec. 9. Contract aspirational goals. The Attorney General
8shall establish aspirational goals for contract awards for all
9contracts for goods and services, not including contracts for
10services relating to investigations or litigation. These
11aspirational goals shall be substantially in accordance with
12the Business Enterprise for Minorities, Women, and Persons with
13Disabilities Act, unless otherwise governed by other law. The
14Attorney General shall not be subject to the jurisdiction of
15the Business Enterprise Council established under the Business
16Enterprise for Minorities, Women, and Persons with
17Disabilities Act with regard to steps taken to achieve
18aspirational goals. The Attorney General shall annually post
19information regarding the Office's utilization of businesses
20owned by minorities, women, and persons with disabilities
21during the preceding fiscal year on the Office's Internet
22websites.
 

 

 

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1    Section 10. The Secretary of State Act is amended by adding
2Section 19 as follows:
 
3    (15 ILCS 305/19 new)
4    Sec. 19. Contract aspirational goals. The Secretary of
5State shall establish aspirational goals for contract awards
6substantially in accordance with the Business Enterprise for
7Minorities, Women, and Persons with Disabilities Act, unless
8otherwise governed by other law. The Secretary of State shall
9not be subject to the jurisdiction of the Business Enterprise
10Council established under the Business Enterprise for
11Minorities, Women, and Persons with Disabilities Act with
12regard to steps taken to achieve aspirational goals. The
13Secretary of State shall annually post the Office's utilization
14of businesses owned by minorities, women, and persons with
15disabilities during the preceding fiscal year on the Office's
16Internet websites.
 
17    Section 15. The State Comptroller Act is amended by
18changing Section 23.9, and by adding Section 23.10 as follows:
 
19    (15 ILCS 405/23.9)
20    Sec. 23.9. Minority Contractor Opportunity Initiative. The
21State Comptroller Minority Contractor Opportunity Initiative
22is created to provide greater opportunities for minority-owned
23businesses, women-owned businesses, businesses owned by

 

 

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1persons with disabilities, and small businesses with 20 or
2fewer employees in this State to participate in the State
3procurement process. The initiative shall be administered by
4the Comptroller. Under this initiative, the Comptroller is
5responsible for the following: (i) outreach to minority-owned
6businesses, women-owned businesses, businesses owned by
7persons with disabilities, and small businesses capable of
8providing services to the State; (ii) education of
9minority-owned businesses, women-owned businesses, businesses
10owned by persons with disabilities, and small businesses
11concerning State contracting and procurement; (iii)
12notification of minority-owned businesses, women-owned
13businesses, businesses owned by persons with disabilities, and
14small businesses of State contracting opportunities; and (iv)
15maintenance of an online database of State contracts that
16identifies the contracts awarded to minority-owned businesses,
17women-owned businesses, businesses owned by persons with
18disabilities, and small businesses that includes the total
19amount paid by State agencies to contractors and the percentage
20paid to minority-owned businesses, women-owned businesses,
21businesses owned by persons with disabilities, and small
22businesses.
23    The Comptroller shall work with the Business Enterprise
24Council created under Section 5 of the Business Enterprise for
25Minorities, Women, and Persons with Disabilities Act shall
26provide the Comptroller with names, Federal Employer

 

 

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1Identification Numbers, and designations of Business
2Enterprise Program certified vendors to fulfill the
3Comptroller's responsibilities under this Section, including,
4but not limited to, . The Comptroller may rely on the Business
5Enterprise Council's identification of minority-owned
6businesses, women-owned businesses, and businesses owned by
7persons with disabilities.
8    The Comptroller shall annually prepare and submit a report
9to the Governor and the General Assembly concerning the
10progress of this initiative including the following
11information for the preceding fiscal calendar year: (i) a
12statement of the total amounts paid by each executive branch
13agency to contractors since the previous report; (ii) the
14percentage of the amounts that were paid to minority-owned
15businesses, women-owned businesses, businesses owned by
16persons with disabilities, and small businesses; (iii) the
17successes achieved and the challenges faced by the Comptroller
18in operating outreach programs for minorities, women, persons
19with disabilities, and small businesses; (iv) the challenges
20each executive branch agency may face in hiring qualified
21minority, woman, and small business employees and employees
22with disabilities and contracting with qualified
23minority-owned businesses, women-owned businesses, businesses
24owned by persons with disabilities, and small businesses; and
25(v) (iv) any other information, findings, conclusions, and
26recommendations for legislative or agency action, as the

 

 

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1Comptroller deems appropriate.
2    On and after the effective date of this amendatory Act of
3the 97th General Assembly, any bidder or offeror awarded a
4contract of $1,000 or more under Section 20-10, 20-15, 20-25,
5or 20-30 of the Illinois Procurement Code is required to pay a
6fee of $15 to cover expenses related to the administration of
7this Section. The Comptroller shall deduct the fee from the
8first check issued to the vendor under the contract and deposit
9the fee into the Comptroller's Administrative Fund. Contracts
10administered for statewide orders placed by agencies (commonly
11referred to as "statewide master contracts") are exempt from
12this fee.
13    Each Chief Procurement Officer shall provide the
14Comptroller with names and Federal Employer Identification
15Numbers of vendors registered in the Illinois Small Business
16Set Aside Program to aid the Comptroller in fulfilling his or
17her responsibilities under this Section.
18(Source: P.A. 99-143, eff. 7-27-15; 100-391, eff. 8-25-17.)
 
19    (15 ILCS 405/23.10 new)
20    Sec. 23.10. Contract aspirational goals. The Comptroller
21shall establish aspirational goals for contract awards
22substantially in accordance with the Business Enterprise for
23Minorities, Women, and Persons with Disabilities Act, unless
24otherwise governed by other law. The Comptroller shall not be
25subject to the jurisdiction of the Business Enterprise Council

 

 

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1established under the Business Enterprise for Minorities,
2Women, and Persons with Disabilities Act with regard to steps
3taken to achieve aspirational goals. The Comptroller shall
4annually post the Office's utilization of businesses owned by
5minorities, women, and persons with disabilities during the
6preceding fiscal year on the Office's Internet websites.
 
7    Section 20. The Illinois State Auditing Act is amended by
8adding Section 2-16 as follows:
 
9    (30 ILCS 5/2-16 new)
10    Sec. 2-16. Contract aspirational goals. The Auditor
11General shall establish aspirational goals for contract awards
12substantially in accordance the Business Enterprise for
13Minorities, Women, and Persons with Disabilities Act, unless
14otherwise governed by other law. The Auditor General shall not
15be subject to the jurisdiction of the Business Enterprise
16Council established under the Business Enterprise for
17Minorities, Women, and Persons with Disabilities Act with
18regard to steps taken to achieve aspirational goals. The
19Auditor General shall annually post the Office's utilization of
20businesses owned by minorities, women, and persons with
21disabilities during the preceding fiscal year on the Office's
22Internet websites.
 
23    Section 25. The Business Enterprise for Minorities, Women,

 

 

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1and Persons with Disabilities Act is amended by changing
2Section 5 as follows:
 
3    (30 ILCS 575/5)  (from Ch. 127, par. 132.605)
4    (Section scheduled to be repealed on June 30, 2020)
5    Sec. 5. Business Enterprise Council.
6    (1) To help implement, monitor and enforce the goals of
7this Act, there is created the Business Enterprise Council for
8Minorities, Women, and Persons with Disabilities, hereinafter
9referred to as the Council, composed of the Secretary of Human
10Services and the Directors of the Department of Human Rights,
11the Department of Commerce and Economic Opportunity, the
12Department of Central Management Services, the Department of
13Transportation and the Capital Development Board, or their duly
14appointed representatives, with the Comptroller, or his or her
15designee, serving as an advisory member of the Council. Ten
16individuals representing businesses that are minority-owned or
17women-owned or owned by persons with disabilities, 2
18individuals representing the business community, and a
19representative of public institutions of higher education
20shall be appointed by the Governor. These members shall serve 2
21year terms and shall be eligible for reappointment. Any vacancy
22occurring on the Council shall also be filled by the Governor.
23Any member appointed to fill a vacancy occurring prior to the
24expiration of the term for which his predecessor was appointed
25shall be appointed for the remainder of such term. Members of

 

 

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1the Council shall serve without compensation but shall be
2reimbursed for any ordinary and necessary expenses incurred in
3the performance of their duties.
4    The Director of the Department of Central Management
5Services shall serve as the Council chairperson and shall
6select, subject to approval of the council, a Secretary
7responsible for the operation of the program who shall serve as
8the Division Manager of the Business Enterprise for Minorities,
9Women, and Persons with Disabilities Division of the Department
10of Central Management Services.
11    The Director of each State agency and the chief executive
12officer of each public institutions of higher education shall
13appoint a liaison to the Council. The liaison shall be
14responsible for submitting to the Council any reports and
15documents necessary under this Act.
16    (2) The Council's authority and responsibility shall be to:
17        (a) Devise a certification procedure to assure that
18    businesses taking advantage of this Act are legitimately
19    classified as businesses owned by minorities, women, or
20    persons with disabilities.
21        (b) Maintain a list of all businesses legitimately
22    classified as businesses owned by minorities, women, or
23    persons with disabilities to provide to State agencies and
24    public institutions of higher education.
25        (c) Review rules and regulations for the
26    implementation of the program for businesses owned by

 

 

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1    minorities, women, and persons with disabilities.
2        (d) Review compliance plans submitted by each State
3    agency and public institutions of higher education
4    pursuant to this Act.
5        (e) Make annual reports as provided in Section 8f to
6    the Governor and the General Assembly on the status of the
7    program.
8        (f) Serve as a central clearinghouse for information on
9    State contracts, including the maintenance of a list of all
10    pending State contracts upon which businesses owned by
11    minorities, women, and persons with disabilities may bid.
12    At the Council's discretion, maintenance of the list may
13    include 24-hour electronic access to the list along with
14    the bid and application information.
15        (g) Establish a toll free telephone number to
16    facilitate information requests concerning the
17    certification process and pending contracts.
18    (3) No premium bond rate of a surety company for a bond
19required of a business owned by a minority, woman, or person
20with a disability bidding for a State contract shall be higher
21than the lowest rate charged by that surety company for a
22similar bond in the same classification of work that would be
23written for a business not owned by a minority, woman, or
24person with a disability.
25    (4) Any Council member who has direct financial or personal
26interest in any measure pending before the Council shall

 

 

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1disclose this fact to the Council and refrain from
2participating in the determination upon such measure.
3    (5) The Secretary shall have the following duties and
4responsibilities:
5        (a) To be responsible for the day-to-day operation of
6    the Council.
7        (b) To serve as a coordinator for all of the State's
8    programs for businesses owned by minorities, women, and
9    persons with disabilities and as the information and
10    referral center for all State initiatives for businesses
11    owned by minorities, women, and persons with disabilities.
12        (c) To establish an enforcement procedure whereby the
13    Council may recommend to the appropriate State legal
14    officer that the State exercise its legal remedies which
15    shall include (1) termination of the contract involved, (2)
16    prohibition of participation by the respondent in public
17    contracts for a period not to exceed 3 years, (3)
18    imposition of a penalty not to exceed any profit acquired
19    as a result of violation, or (4) any combination thereof.
20    Such procedures shall require prior approval by Council.
21        (d) To devise appropriate policies, regulations and
22    procedures for including participation by businesses owned
23    by minorities, women, and persons with disabilities as
24    prime contractors including, but not limited to, (i)
25    encouraging the inclusions of qualified businesses owned
26    by minorities, women, and persons with disabilities on

 

 

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1    solicitation lists, (ii) investigating the potential of
2    blanket bonding programs for small construction jobs,
3    (iii) investigating and making recommendations concerning
4    the use of the sheltered market process.
5        (e) To devise procedures for the waiver of the
6    participation goals in appropriate circumstances.
7        (f) To accept donations and, with the approval of the
8    Council or the Director of Central Management Services,
9    grants related to the purposes of this Act; to conduct
10    seminars related to the purpose of this Act and to charge
11    reasonable registration fees; and to sell directories,
12    vendor lists and other such information to interested
13    parties, except that forms necessary to become eligible for
14    the program shall be provided free of charge to a business
15    or individual applying for the program.
16(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.