Full Text of HB0159 101st General Assembly
HB0159 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0159 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 30 ILCS 575/4 | from Ch. 127, par. 132.604 |
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Amends the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. Provides that all State agencies shall increase their award of State contracts to minority owned businesses by 15%.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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, | 5 | | Females, and Persons with
Disabilities Act is amended by | 6 | | changing Section 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| 8 | | (Section scheduled to be repealed on June 30, 2020)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), and | 11 | | (f), not less than 20% of
the total dollar amount of State | 12 | | contracts, as defined by the Secretary of
the Council and | 13 | | approved by the Council, shall be established as an | 14 | | aspirational goal to
be awarded to businesses owned by | 15 | | minorities,
women, and persons with disabilities; provided, | 16 | | however, that
of the total amount of all
State contracts | 17 | | awarded to businesses owned by
minorities, women, and persons | 18 | | with disabilities pursuant to
this Section, contracts | 19 | | representing at least 11% shall be awarded to businesses owned | 20 | | by minorities, contracts representing at least 7% shall be | 21 | | awarded to women-owned businesses, and contracts representing | 22 | | at least 2% shall be awarded to businesses owned by persons | 23 | | with disabilities.
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| 1 | | The above percentage relates to the total dollar amount of | 2 | | State
contracts during each State fiscal year, calculated by | 3 | | examining
independently each type of contract for each agency | 4 | | or public institutions of higher education which
lets such | 5 | | contracts. Only that percentage of arrangements which | 6 | | represents the participation of businesses owned by
| 7 | | minorities, women, and persons with disabilities on such | 8 | | contracts shall
be included.
| 9 | | (b) Except as provided in subsection (f) of this Section, | 10 | | in In the case of State construction contracts, the provisions | 11 | | of
subsection (a) requiring a portion of State contracts to be | 12 | | awarded to
businesses owned and controlled by persons with
| 13 | | disabilities do not apply. The following aspirational goals are | 14 | | established for State construction contracts: not less
than 20% | 15 | | of the total dollar amount of State construction contracts is
| 16 | | established as a goal to be awarded to minority-owned and | 17 | | women-owned
businesses.
| 18 | | (c) Except as provided in subsection (f) of this Section, | 19 | | in In the case of all work undertaken by the University of | 20 | | Illinois related to the planning, organization, and staging of | 21 | | the games, the University of Illinois shall establish a goal of | 22 | | awarding not less than 25% of the annual dollar value of all | 23 | | contracts, purchase orders, and other agreements (collectively | 24 | | referred to as "the contracts") to minority-owned businesses or | 25 | | businesses owned by a person with a disability and 5% of the | 26 | | annual dollar value the contracts to women-owned businesses. |
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| 1 | | For purposes of this subsection, the term "games" has the | 2 | | meaning set forth in the Olympic Games and Paralympic Games | 3 | | (2016) Law. | 4 | | (d) Within one year after April 28, 2009 (the effective | 5 | | date of Public Act 96-8), the Department of Central Management | 6 | | Services shall conduct a social scientific study that measures | 7 | | the impact of discrimination on minority and women business | 8 | | development in Illinois. Within 18 months after April 28, 2009 | 9 | | (the effective date of Public Act 96-8), the Department shall | 10 | | issue a report of its findings and any recommendations on | 11 | | whether to adjust the goals for minority and women | 12 | | participation established in this Act. Copies of this report | 13 | | and the social scientific study shall be filed with the | 14 | | Governor and the General Assembly. | 15 | | (e) Except as permitted under this Act or as otherwise | 16 | | mandated by federal law or regulation, those who submit bids or | 17 | | proposals for State contracts subject to the provisions of this | 18 | | Act, whose bids or proposals are successful and include a | 19 | | utilization plan but that fail to meet the goals set forth in | 20 | | subsection (b) of this Section, shall be notified of that | 21 | | deficiency and shall be afforded a period not to exceed 10 | 22 | | calendar days from the date of notification to cure that | 23 | | deficiency in the bid or proposal. The deficiency in the bid or | 24 | | proposal may only be cured by contracting with additional | 25 | | subcontractors who are owned by minorities or women, but in no | 26 | | case shall an identified subcontractor with a certification |
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| 1 | | made pursuant to this Act be terminated from the contract | 2 | | without the written consent of the State agency or public | 3 | | institution of higher education entering into the contract. | 4 | | (f) Non-construction solicitations that include Business | 5 | | Enterprise Program participation goals shall require bidders | 6 | | and offerors to include utilization plans. Utilization plans | 7 | | are due at the time of bid or offer submission. Failure to | 8 | | complete and include a utilization plan, including | 9 | | documentation demonstrating good faith effort when requesting | 10 | | a waiver, shall render the bid or offer non-responsive. | 11 | | (g) Notwithstanding the provisions of this Section, after | 12 | | the effective date of this amendatory Act of the 101st General | 13 | | Assembly, all State agencies shall increase their award of | 14 | | State contracts to minority owned businesses by 15%. | 15 | | (Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16; | 16 | | 100-391, eff. 8-25-17.)
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