Full Text of HB3546 103rd General Assembly
HB3546 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3546 Introduced 2/17/2023, by Rep. Charles Meier SYNOPSIS AS INTRODUCED: |
| 30 ILCS 575/7 | from Ch. 127, par. 132.607 |
|
Amends the Business Enterprise for Minorities, Women, and Persons with
Disabilities Act. Provides that a waiver shall be deemed granted if the Business Enterprise Council
for Minorities, Women, and Persons with Disabilities does not make a determination on the waiver within 30 business days after the initial request for a waiver by the contractor. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB3546 | | LRB103 28733 HLH 55115 b |
|
| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Business Enterprise for Minorities, Women, | 5 | | and Persons with
Disabilities Act is amended by changing | 6 | | Section 7 as follows: | 7 | | (30 ILCS 575/7) (from Ch. 127, par. 132.607) | 8 | | (Section scheduled to be repealed on June 30, 2024) | 9 | | Sec. 7. Exemptions; waivers; publication of data. | 10 | | (1) Individual contract exemptions.
The Council, at the | 11 | | written request of the affected agency,
public institution of | 12 | | higher education, or recipient of a grant or loan of State | 13 | | funds of $250,000 or more complying with Section 45 of the | 14 | | State Finance Act, may permit an individual contract or | 15 | | contract package,
(related contracts being bid or awarded | 16 | | simultaneously for the same project
or improvements) be made | 17 | | wholly or partially exempt from State contracting
goals for | 18 | | businesses owned by
minorities, women, and persons with | 19 | | disabilities prior to the advertisement
for bids or | 20 | | solicitation of proposals whenever there has been a
| 21 | | determination, reduced to writing and based on the best | 22 | | information
available at the time of the determination, that | 23 | | there is an insufficient
number of businesses owned by |
| | | HB3546 | - 2 - | LRB103 28733 HLH 55115 b |
|
| 1 | | minorities, women, and persons with disabilities to ensure | 2 | | adequate
competition and an expectation of reasonable prices | 3 | | on bids or proposals
solicited for the individual contract or | 4 | | contract package in question. Any such exemptions shall be | 5 | | given by
the Council to the Bureau on Apprenticeship Programs | 6 | | and Clean Energy Jobs. | 7 | | (a) Written request for contract exemption. A written | 8 | | request for an individual contract exemption must include, | 9 | | but is not limited to, the following: | 10 | | (i) a list of eligible businesses owned by | 11 | | minorities, women, and persons with disabilities; | 12 | | (ii) a clear demonstration that the number of | 13 | | eligible businesses identified in subparagraph (i) | 14 | | above is insufficient to ensure adequate competition; | 15 | | (iii) the difference in cost between the contract | 16 | | proposals being offered by businesses owned by | 17 | | minorities, women, and persons with disabilities and | 18 | | the agency or public institution of higher education's | 19 | | expectations of reasonable prices on bids or proposals | 20 | | within that class; and | 21 | | (iv) a list of eligible businesses owned by | 22 | | minorities, women, and persons with
disabilities that | 23 | | the contractor has used in the current and prior | 24 | | fiscal years. | 25 | | (b) Determination. The Council's determination | 26 | | concerning an individual contract exemption must consider, |
| | | HB3546 | - 3 - | LRB103 28733 HLH 55115 b |
|
| 1 | | at a minimum, the following: | 2 | | (i) the justification for the requested exemption, | 3 | | including whether diligent efforts were undertaken to | 4 | | identify and solicit eligible businesses owned by | 5 | | minorities, women, and persons with disabilities; | 6 | | (ii) the total number of exemptions granted to the | 7 | | affected agency, public institution of higher | 8 | | education, or recipient of a grant or loan of State | 9 | | funds of $250,000 or more complying with Section 45 of | 10 | | the State Finance Act that have been granted by the | 11 | | Council in the current and prior fiscal years; and | 12 | | (iii) the percentage of contracts awarded by the | 13 | | agency or public institution of higher education to | 14 | | eligible businesses owned by minorities, women, and | 15 | | persons with disabilities in the current and prior | 16 | | fiscal years. | 17 | | (2) Class exemptions. | 18 | | (a) Creation. The Council, at the written request of | 19 | | the affected agency or public institution of higher | 20 | | education, may permit an entire
class of
contracts be made | 21 | | exempt from State
contracting goals for businesses owned | 22 | | by minorities, women, and persons
with disabilities | 23 | | whenever there has been a determination, reduced to
| 24 | | writing and based on the best information available at the | 25 | | time of the
determination, that there is an insufficient | 26 | | number of qualified businesses owned by minorities, women, |
| | | HB3546 | - 4 - | LRB103 28733 HLH 55115 b |
|
| 1 | | and persons with
disabilities to ensure adequate | 2 | | competition and an
expectation of reasonable prices on | 3 | | bids or proposals within that class. Any such exemption | 4 | | shall be given by
the Council to the Bureau on | 5 | | Apprenticeship Programs and Clean Energy Jobs. | 6 | | (a-1) Written request for class exemption. A written | 7 | | request for a class exemption must include, but is not | 8 | | limited to, the following: | 9 | | (i) a list of eligible businesses owned by | 10 | | minorities, women, and persons with disabilities; | 11 | | (ii) a clear demonstration that the number of | 12 | | eligible businesses identified in subparagraph (i) | 13 | | above is insufficient to ensure adequate competition; | 14 | | (iii) the difference in cost between the contract | 15 | | proposals being offered by eligible businesses owned | 16 | | by minorities, women, and persons with disabilities | 17 | | and the agency or public institution of higher | 18 | | education's expectations of reasonable prices on bids | 19 | | or proposals within that class; and | 20 | | (iv) the number of class exemptions the affected | 21 | | agency or public institution
of higher education | 22 | | requested in the current and prior fiscal years. | 23 | | (a-2) Determination. The Council's determination | 24 | | concerning class exemptions must consider, at a minimum, | 25 | | the following: | 26 | | (i) the justification for the requested exemption, |
| | | HB3546 | - 5 - | LRB103 28733 HLH 55115 b |
|
| 1 | | including whether diligent efforts were undertaken to | 2 | | identify and solicit eligible businesses owned by | 3 | | minorities, women, and persons with disabilities; | 4 | | (ii) the total number of class exemptions granted | 5 | | to the requesting agency or public institution of | 6 | | higher education that have been granted by the Council | 7 | | in the current and prior fiscal years; and | 8 | | (iii) the percentage of contracts awarded by the | 9 | | agency or public institution of higher education to | 10 | | eligible businesses owned by minorities, women, and | 11 | | persons with disabilities the current and prior fiscal | 12 | | years. | 13 | | (b) Limitation. Any such class exemption shall not be | 14 | | permitted for a
period of more than one year at a time. | 15 | | (3) Waivers. Where a particular contract requires a | 16 | | contractor to meet
a goal established pursuant to this Act, | 17 | | the contractor shall have the right
to request a waiver from | 18 | | such requirements prior to the contract award. The Council | 19 | | shall grant the waiver when the contractor demonstrates that | 20 | | there has been made a good faith effort to comply with the | 21 | | goals for participation by businesses owned by minorities, | 22 | | women, and persons with disabilities. Any such waiver shall | 23 | | also be
transmitted in writing to the Bureau on Apprenticeship | 24 | | Programs and Clean Energy Jobs. A waiver shall be deemed | 25 | | granted if the Council does not make a determination on the | 26 | | waiver within 30 business days after the initial request for a |
| | | HB3546 | - 6 - | LRB103 28733 HLH 55115 b |
|
| 1 | | waiver by the contractor. | 2 | | (a) Request for waiver. A contractor's request for a | 3 | | waiver under this subsection (3) must include, but is not | 4 | | limited to, the following, if available: | 5 | | (i) a list of eligible businesses owned by | 6 | | minorities, women, and persons with disabilities that | 7 | | pertain to the scope of work of the contract. Eligible | 8 | | businesses are only eligible if the business is | 9 | | certified for the products or work advertised in the | 10 | | solicitation; | 11 | | (ii) (blank); | 12 | | (iia) a clear demonstration that the contractor | 13 | | selected portions of the work to be performed by | 14 | | eligible businesses owned by minorities, women, and | 15 | | persons with disabilities, solicited through all | 16 | | reasonable and available means eligible businesses, | 17 | | and negotiated in good faith with interested eligible | 18 | | businesses; | 19 | | (iib) documentation demonstrating that businesses | 20 | | owned by minorities, women, and persons with | 21 | | disabilities are not rejected as being unqualified | 22 | | without sound reasons based on a thorough | 23 | | investigation of their capabilities; | 24 | | (iii) documentation demonstrating that the | 25 | | contract proposals being offered by businesses owned | 26 | | by minorities, women, and persons with disabilities |
| | | HB3546 | - 7 - | LRB103 28733 HLH 55115 b |
|
| 1 | | are excessive or unreasonable; and | 2 | | (iv) a list of businesses owned by minorities, | 3 | | women, and persons with disabilities that the | 4 | | contractor has used in the current and prior fiscal | 5 | | years. | 6 | | (b) Determination. The Council's determination | 7 | | concerning waivers must include following: | 8 | | (i) the justification for the requested waiver, | 9 | | including whether the requesting contractor made a | 10 | | good faith effort to identify and solicit eligible | 11 | | businesses owned by minorities, women, and persons | 12 | | with disabilities; | 13 | | (ii) the total number of waivers the contractor | 14 | | has been granted by the Council in the current and | 15 | | prior fiscal years; | 16 | | (iii) (blank); and | 17 | | (iv) the contractor's use of businesses owned by | 18 | | minorities, women, and persons with disabilities in | 19 | | the current and prior fiscal years. | 20 | | (3.5) (Blank). | 21 | | (4) Conflict with other laws. In the event that any State | 22 | | contract, which
otherwise would be subject to the provisions | 23 | | of this Act, is or becomes
subject to federal laws or | 24 | | regulations which conflict with the provisions
of this Act or | 25 | | actions of the State taken pursuant hereto, the provisions
of | 26 | | the federal laws or regulations shall apply and the contract |
| | | HB3546 | - 8 - | LRB103 28733 HLH 55115 b |
|
| 1 | | shall be
interpreted and enforced accordingly. | 2 | | (5) Each chief procurement officer, as defined in the | 3 | | Illinois Procurement Code, shall maintain on his or her | 4 | | official Internet website a database of the following: (i) | 5 | | waivers granted under this Section with respect to contracts | 6 | | under his or her jurisdiction; (ii) a State agency or public | 7 | | institution of higher education's written request for an | 8 | | exemption of an individual contract or an entire class of | 9 | | contracts; and (iii) the Council's written determination | 10 | | granting or denying a request for an exemption of an | 11 | | individual contract or an entire class of contracts. The | 12 | | database, which shall be updated periodically as necessary, | 13 | | shall be searchable by contractor name and by contracting | 14 | | State agency. | 15 | | (6) Each chief procurement officer, as defined by the | 16 | | Illinois Procurement Code, shall maintain on its website a | 17 | | list of all firms that have been prohibited from bidding, | 18 | | offering, or entering into a contract with the State of | 19 | | Illinois as a result of violations of this Act. | 20 | | Each public notice required by law of the award of a State | 21 | | contract shall include for each bid or offer submitted for | 22 | | that contract the following: (i) the bidder's or offeror's | 23 | | name, (ii) the bid amount, (iii) the name or names of the | 24 | | certified firms identified in the bidder's or offeror's | 25 | | submitted utilization plan, and (iv) the bid's amount and | 26 | | percentage of the contract awarded to businesses owned by |
| | | HB3546 | - 9 - | LRB103 28733 HLH 55115 b |
|
| 1 | | minorities, women, and persons with disabilities identified in | 2 | | the utilization plan. | 3 | | (Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; | 4 | | 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; 102-662, eff. | 5 | | 9-15-21 .)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
|
|