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


Sen. Toi W. Hutchinson

Filed: 4/5/2018





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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 names, Federal Employer
21Identification Numbers, and designations of Business
22Enterprise Program certified vendors to fulfill the
23Comptroller's responsibilities under this Section, including,
24but not limited to, . The Comptroller may rely on the Business
25Enterprise Council's identification of minority-owned
26businesses, women-owned businesses, and businesses owned by



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



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



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1officer, or any agency that reports to another State
2constitutional officer, including the Business Enterprise
3Council established under this Act, with regard to steps taken
4to achieve aspirational goals. Constitutional officers shall
5annually post their utilization of businesses owned by
6minorities, women, and persons with disabilities during the
7preceding fiscal year on their Internet websites.
8(Source: P.A. 99-462, eff. 8-25-15.)
9    (30 ILCS 575/5)  (from Ch. 127, par. 132.605)
10    (Section scheduled to be repealed on June 30, 2020)
11    Sec. 5. Business Enterprise Council.
12    (1) To help implement, monitor and enforce the goals of
13this Act, there is created the Business Enterprise Council for
14Minorities, Women, and Persons with Disabilities, hereinafter
15referred to as the Council, composed of the Secretary of Human
16Services and the Directors of the Department of Human Rights,
17the Department of Commerce and Economic Opportunity, the
18Department of Central Management Services, the Department of
19Transportation and the Capital Development Board, or their duly
20appointed representatives, with the Comptroller, or his or her
21designee, serving as an advisory member of the Council. Ten
22individuals representing businesses that are minority-owned or
23women-owned or owned by persons with disabilities, 2
24individuals representing the business community, and a
25representative 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    (3) No premium bond rate of a surety company for a bond
25required of a business owned by a minority, woman, or person
26with a disability bidding for a State contract shall be higher



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1than the lowest rate charged by that surety company for a
2similar bond in the same classification of work that would be
3written for a business not owned by a minority, woman, or
4person with a disability.
5    (4) Any Council member who has direct financial or personal
6interest in any measure pending before the Council shall
7disclose this fact to the Council and refrain from
8participating in the determination upon such measure.
9    (5) The Secretary shall have the following duties and
11        (a) To be responsible for the day-to-day operation of
12    the Council.
13        (b) To serve as a coordinator for all of the State's
14    programs for businesses owned by minorities, women, and
15    persons with disabilities and as the information and
16    referral center for all State initiatives for businesses
17    owned by minorities, women, and persons with disabilities.
18        (c) To establish an enforcement procedure whereby the
19    Council may recommend to the appropriate State legal
20    officer that the State exercise its legal remedies which
21    shall include (1) termination of the contract involved, (2)
22    prohibition of participation by the respondent in public
23    contracts for a period not to exceed 3 years, (3)
24    imposition of a penalty not to exceed any profit acquired
25    as a result of violation, or (4) any combination thereof.
26    Such procedures shall require prior approval by Council.



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1        (d) To devise appropriate policies, regulations and
2    procedures for including participation by businesses owned
3    by minorities, women, and persons with disabilities as
4    prime contractors including, but not limited to, (i)
5    encouraging the inclusions of qualified businesses owned
6    by minorities, women, and persons with disabilities on
7    solicitation lists, (ii) investigating the potential of
8    blanket bonding programs for small construction jobs,
9    (iii) investigating and making recommendations concerning
10    the use of the sheltered market process.
11        (e) To devise procedures for the waiver of the
12    participation goals in appropriate circumstances.
13        (f) To accept donations and, with the approval of the
14    Council or the Director of Central Management Services,
15    grants related to the purposes of this Act; to conduct
16    seminars related to the purpose of this Act and to charge
17    reasonable registration fees; and to sell directories,
18    vendor lists and other such information to interested
19    parties, except that forms necessary to become eligible for
20    the program shall be provided free of charge to a business
21    or individual applying for the program.
22(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".