Illinois General Assembly - Full Text of SB2035
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Full Text of SB2035  101st General Assembly


Sen. Napoleon Harris, III

Filed: 3/13/2019





10100SB2035sam001LRB101 10988 RJF 57702 a


2    AMENDMENT NO. ______. Amend Senate Bill 2035 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Business Enterprise for Minorities, Women,
5and Persons with Disabilities Act is amended by changing
6Section 4 as follows:
7    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
8    (Section scheduled to be repealed on June 30, 2020)
9    Sec. 4. Award of State contracts.
10    (a) Except as provided in subsections (b) and (c), not less
11than 30% 20% of the total dollar amount of State contracts, as
12defined by the Secretary of the Council and approved by the
13Council, shall be established as an aspirational goal to be
14awarded to businesses owned by minorities, women, and persons
15with disabilities; provided, however, that of the total amount
16of all State contracts awarded to businesses owned by



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1minorities, women, and persons with disabilities pursuant to
2this Section, contracts representing at least 16% 11% shall be
3awarded to businesses owned by minorities, contracts
4representing at least 10% 7% shall be awarded to women-owned
5businesses, and contracts representing at least 4% 2% shall be
6awarded to businesses owned by persons with disabilities.
7    The above percentage relates to the total dollar amount of
8State contracts during each State fiscal year, calculated by
9examining independently each type of contract for each agency
10or public institutions of higher education which lets such
11contracts. Only that percentage of arrangements which
12represents the participation of businesses owned by
13minorities, women, and persons with disabilities on such
14contracts shall be included.
15    (a-5) In addition to the aspirational goals in awarding
16State contracts set under subsection (a), the Department of
17Central Management Services shall by rule further establish
18committed diversity aspirational goals for State contracts
19awarded to businesses owned by minorities, women, and persons
20with disabilities. Such efforts shall include, but not be
21limited to, further concerted outreach efforts to businesses
22owned by minorities, women, and persons with disabilities.
23    (b) In the case of State construction contracts, the
24provisions of subsection (a) requiring a portion of State
25contracts to be awarded to businesses owned and controlled by
26persons with disabilities do not apply. The following



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1aspirational goals are established for State construction
2contracts: not less than 20% of the total dollar amount of
3State construction contracts is established as a goal to be
4awarded to minority-owned and women-owned businesses.
5    (c) In the case of all work undertaken by the University of
6Illinois related to the planning, organization, and staging of
7the games, the University of Illinois shall establish a goal of
8awarding not less than 25% of the annual dollar value of all
9contracts, purchase orders, and other agreements (collectively
10referred to as "the contracts") to minority-owned businesses or
11businesses owned by a person with a disability and 5% of the
12annual dollar value the contracts to women-owned businesses.
13For purposes of this subsection, the term "games" has the
14meaning set forth in the Olympic Games and Paralympic Games
15(2016) Law.
16    (d) Within one year after April 28, 2009 (the effective
17date of Public Act 96-8), the Department of Central Management
18Services shall conduct a social scientific study that measures
19the impact of discrimination on minority and women business
20development in Illinois. Within 18 months after April 28, 2009
21(the effective date of Public Act 96-8), the Department shall
22issue a report of its findings and any recommendations on
23whether to adjust the goals for minority and women
24participation established in this Act. Copies of this report
25and the social scientific study shall be filed with the
26Governor and the General Assembly.



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1    (e) Except as permitted under this Act or as otherwise
2mandated by federal law or regulation, those who submit bids or
3proposals for State contracts subject to the provisions of this
4Act, whose bids or proposals are successful and include a
5utilization plan but that fail to meet the goals set forth in
6subsection (b) of this Section, shall be notified of that
7deficiency and shall be afforded a period not to exceed 10
8calendar days from the date of notification to cure that
9deficiency in the bid or proposal. The deficiency in the bid or
10proposal may only be cured by contracting with additional
11subcontractors who are owned by minorities or women, but in no
12case shall an identified subcontractor with a certification
13made pursuant to this Act be terminated from the contract
14without the written consent of the State agency or public
15institution of higher education entering into the contract.
16    (f) Non-construction solicitations that include Business
17Enterprise Program participation goals shall require bidders
18and offerors to include utilization plans. Utilization plans
19are due at the time of bid or offer submission. Failure to
20complete and include a utilization plan, including
21documentation demonstrating good faith effort when requesting
22a waiver, shall render the bid or offer non-responsive.
23(Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16;
24100-391, eff. 8-25-17.)".