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


Sen. Toi W. Hutchinson

Filed: 3/13/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 3106 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The State Comptroller Act is amended by
5changing Section 23.9 as follows:
6    (15 ILCS 405/23.9)
7    Sec. 23.9. Minority Contractor Opportunity Initiative. The
8State Comptroller Minority Contractor Opportunity Initiative
9is created to provide greater opportunities for minority-owned
10businesses, women-owned businesses, businesses owned by
11persons with disabilities, and small businesses with 20 or
12fewer employees in this State to participate in the State
13procurement process. The initiative shall be administered by
14the Comptroller. Under this initiative, the Comptroller is
15responsible for the following: (i) outreach to minority-owned
16businesses, women-owned businesses, businesses owned by



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1persons with disabilities, and small businesses capable of
2providing services to the State; (ii) education of
3minority-owned businesses, women-owned businesses, businesses
4owned by persons with disabilities, and small businesses
5concerning State contracting and procurement; (iii)
6notification of minority-owned businesses, women-owned
7businesses, businesses owned by persons with disabilities, and
8small businesses of State contracting opportunities; and (iv)
9maintenance of an online database of State contracts that
10identifies the contracts awarded to minority-owned businesses,
11women-owned businesses, businesses owned by persons with
12disabilities, and small businesses that includes the total
13amount paid by State agencies to contractors and the percentage
14paid to minority-owned businesses, women-owned businesses,
15businesses owned by persons with disabilities, and small
17    The Comptroller shall work with the Business Enterprise
18Council created under Section 5 of the Business Enterprise for
19Minorities, Women, and Persons with Disabilities Act shall
20provide the Comptroller with information necessary to fulfill
21the Comptroller's responsibilities under this Section,
22including, but not limited to, . The Comptroller may rely on the
23Business Enterprise Council's identification of minority-owned
24businesses, women-owned businesses, and businesses owned by
25persons with disabilities.
26    The Comptroller shall annually prepare and submit a report



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1to the Governor and the General Assembly concerning the
2progress of this initiative including the following
3information for the preceding fiscal calendar year: (i) a
4statement of the total amounts paid by each executive branch
5agency to contractors since the previous report; (ii) the
6percentage of the amounts that were paid to minority-owned
7businesses, women-owned businesses, businesses owned by
8persons with disabilities, and small businesses; (iii) the
9successes achieved and the challenges faced by the Comptroller
10in operating outreach programs for minorities, women, persons
11with disabilities, and small businesses; (iv) the challenges
12each executive branch agency may face in hiring qualified
13minority, woman, and small business employees and employees
14with disabilities and contracting with qualified
15minority-owned businesses, women-owned businesses, businesses
16owned by persons with disabilities, and small businesses; and
17(v) (iv) any other information, findings, conclusions, and
18recommendations for legislative or agency action, as the
19Comptroller deems appropriate.
20    On and after the effective date of this amendatory Act of
21the 97th General Assembly, any bidder or offeror awarded a
22contract of $1,000 or more under Section 20-10, 20-15, 20-25,
23or 20-30 of the Illinois Procurement Code is required to pay a
24fee of $15 to cover expenses related to the administration of
25this Section. The Comptroller shall deduct the fee from the
26first check issued to the vendor under the contract and deposit



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1the fee into the Comptroller's Administrative Fund. Contracts
2administered for statewide orders placed by agencies (commonly
3referred to as "statewide master contracts") are exempt from
4this fee.
5    Each Chief Procurement Officer shall provide to the
6Comptroller information necessary to fulfill the Comptroller's
7responsibilities under this Section, including, but not
8limited to, identification of small businesses.
9(Source: P.A. 99-143, eff. 7-27-15; 100-391, eff. 8-25-17.)
10    Section 10. The Business Enterprise for Minorities, Women,
11and Persons with Disabilities Act is amended by changing
12Sections 3 and 5 as follows:
13    (30 ILCS 575/3)  (from Ch. 127, par. 132.603)
14    (Section scheduled to be repealed on June 30, 2020)
15    Sec. 3. Implementation and applicability. This Act shall be
16applied to all State agencies and public institutions of higher
17education. State constitutional officers shall establish
18aspirational goals for contract awards substantially in
19accordance with the requirements of subsection (a) of Section 4
20and subsection (1) of Section 4f of this Act, unless otherwise
21governed by other law. No State constitutional officer shall be
22subject to the jurisdiction of another State constitutional
23officer, or any agency that reports to another State
24constitutional officer, including the Business Enterprise



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1Council established under this Act, with regard to steps taken
2to achieve aspirational goals. Constitutional officers shall
3annually post their utilization of businesses owned by
4minorities, women, and persons with disabilities during the
5preceding fiscal year on their Internet websites.
6(Source: P.A. 99-462, eff. 8-25-15.)
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 State Comptroller,
14the Secretary of Human Services and the Directors of the
15Department of Human Rights, the Department of Commerce and
16Economic Opportunity, the Department of Central Management
17Services, the Department of Transportation and the Capital
18Development Board, or their duly appointed representatives.
19Ten individuals representing businesses that are
20minority-owned or women-owned or owned by persons with
21disabilities, 2 individuals representing the business
22community, and a representative of public institutions of
23higher education shall be appointed by the Governor. These
24members shall serve 2 year terms and shall be eligible for
25reappointment. Any vacancy occurring on the Council shall also



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



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1    persons with disabilities to provide to State agencies and
2    public institutions of higher education.
3        (c) Review rules and regulations for the
4    implementation of the program for businesses owned by
5    minorities, women, and persons with disabilities.
6        (d) Review compliance plans submitted by each State
7    agency and public institutions of higher education
8    pursuant to this Act.
9        (e) Make annual reports as provided in Section 8f to
10    the Governor and the General Assembly on the status of the
11    program.
12        (f) Serve as a central clearinghouse for information on
13    State contracts, including the maintenance of a list of all
14    pending State contracts upon which businesses owned by
15    minorities, women, and persons with disabilities may bid.
16    At the Council's discretion, maintenance of the list may
17    include 24-hour electronic access to the list along with
18    the bid and application information.
19        (g) Establish a toll free telephone number to
20    facilitate information requests concerning the
21    certification process and pending contracts.
22    (3) No premium bond rate of a surety company for a bond
23required of a business owned by a minority, woman, or person
24with a disability bidding for a State contract shall be higher
25than the lowest rate charged by that surety company for a
26similar bond in the same classification of work that would be



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



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1    by minorities, women, and persons with disabilities as
2    prime contractors including, but not limited to, (i)
3    encouraging the inclusions of qualified businesses owned
4    by minorities, women, and persons with disabilities on
5    solicitation lists, (ii) investigating the potential of
6    blanket bonding programs for small construction jobs,
7    (iii) investigating and making recommendations concerning
8    the use of the sheltered market process.
9        (e) To devise procedures for the waiver of the
10    participation goals in appropriate circumstances.
11        (f) To accept donations and, with the approval of the
12    Council or the Director of Central Management Services,
13    grants related to the purposes of this Act; to conduct
14    seminars related to the purpose of this Act and to charge
15    reasonable registration fees; and to sell directories,
16    vendor lists and other such information to interested
17    parties, except that forms necessary to become eligible for
18    the program shall be provided free of charge to a business
19    or individual applying for the program.
20(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".