Illinois General Assembly - Full Text of HB5875
Illinois General Assembly

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Full Text of HB5875  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Debbie Meyers-Martin


New Act

    Creates the Commission on Fair Practices in Procurement and Contracting Act. Establishes the Commission on Fair Practices in Procurement and Contracting. Provides for the purpose and functions of the Commission. Provides for the membership of the Commission and related requirements. Provides that the Department of Central Management Services shall assist the Commission and provide administrative support to the Commission. Provides meeting requirements for the Commission. Provides for the adoption of rules. Defines terms. Provides legislative findings. Effective immediately.

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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Commission on Fair Practices in Procurement and Contracting
7    Section 5. Legislative findings.
8        (1) It is the public policy of the State of Illinois
9    that businesses owned by minorities, women, and persons
10    with disabilities should participate equitably and
11    contract with the State through its procurement processes.
12        (2) The Business Enterprise Program, which exists to
13    foster an inclusive and competitive business environment,
14    commissioned a Disparity and Availability Study in 2015
15    which found that disparities still significantly exist
16    between the availability and utilization of Business
17    Enterprise Program certified businesses compared to
18    non-Business Enterprise Program certified owned
19    businesses.
20        (3) The 2015 Disparity and Availability Study and
21    Business Enterprise Program's most recent annual reports
22    still identify significant ongoing disparities between the
23    4 participating classes of Business Enterprise Program



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1    business owners as well as between all Business Enterprise
2    Program certified companies in comparison to white male
3    majority owned businesses awarded State contracts.
4        (4) Recent research and policy recommendations from
5    State task forces and other studies reveal there is more
6    work that must be done to increase access and equity in
7    State procurement and contracting in Illinois.
8        (5) Ongoing commitment to reviewing and correcting of
9    exclusive contracting patterns is necessary to not only
10    encourage but also facilitate full participation by
11    business owners of diverse backgrounds that have
12    historically faced unique barriers to entry and corporate
13    growth in our economy.
14        (6) Therefore, there exists an urgent and substantial
15    need for the establishment of a legislatively authorized
16    body to monitor, analyze, formulate policy
17    recommendations, and produce reports on the State of
18    Illinois' progress in the implementation of fair practices
19    in procurement and contracting statewide.
20    Section 10. Definitions. As used in this Act:
21    "Commission" means the Commission on Fair Practices in
22Procurement and Contracting created under this Act.
23    "Department" means the Department of Central Management
25    "Disparity Study" means the State of Illinois 2015



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1Disparity and Availability Study.
2    "Program" means the Business Enterprise Program for
3Minorities, Women, and Persons with Disabilities created under
4the Business Enterprise for Minorities, Women, and Persons with
5Disabilities Act.
6    "State agency" means any agency under the jurisdiction of
7the Governor whose procurement contracting is regulated by the
8Chief Procurement Officer for General Services.
9    "State contract" or "State contracts" has the same meaning
10provided under Section 2 of the Business Enterprise for
11Minorities, Women, and Persons with Disabilities Act.
12    Section 15. Commission on Fair Practices in Procurement and
14    (a) Pursuant to the promotion of economic equity through
15increased access and participation in the State of Illinois
16procurement and contracting processes, there is hereby created
17a permanent Commission on Fair Practices in Procurement and
19    (b) The purpose of the Commission is the ongoing study of
20Program certified businesses and their participation in State
21procurement, contracting, and as awardees. The Commission
22shall be an advisory body that will not make binding
23recommendations or determinations.
24    (c) The Commission shall perform the following functions:
25        (1) issue regularly proposed solutions to systemic



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1    causes limiting Program certified business participation
2    in State procurements;
3        (2) review on a quarterly basis State agency
4    performance as it relates to Program certified businesses
5    to increase transparency surrounding State agency
6    compliance. Report results are to be made available to
7    Program certified businesses and the public at-large;
8        (3) review State agency performance and issue
9    recommendations as warranted on the eradication of
10    historic disparities and barriers to State procurement,
11    awarding of State contracts, and receipt of State funds by
12    Program certified businesses;
13        (4) receive from each State agency a plan, including
14    goals on how to eradicate historic disparities and barriers
15    that prevent fairness, access, equality, and parity for
16    Program certified businesses, and review and provide
17    recommendations to State agencies on such plans;
18        (5) recommend performance incentives for State
19    agencies that meet or exceed their planned goals and
20    publish, at least annually, a list of those State agencies
21    that fail to meet their planned goals;
22        (6) conduct meetings and accept public comment from
23    representatives of Program certified businesses on their
24    interaction with State agencies and experiences in seeking
25    to overcome historic barriers to participation in State
26    procurement and contracting, and issue recommendations to



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1    State agencies based on such comments and other
2    information;
3        (7) conduct inquires of State agencies to identify and
4    evaluate existing administrative, operational, and
5    personnel policies and procedures as they relate to Program
6    certified and non-Program certified owned business
7    participation in State procurements; and
8        (8) issue annually 3 separate reports (one each for
9    minority-owned businesses, women-owned businesses, and
10    businesses owned by persons with a disability) to the
11    Governor and the General Assembly, which shall include data
12    and recommendations on disparities between utilization
13    ratios within Program certified owned business groups, as
14    well as in comparison to non-certified Program companies
15    awarded State contracts in Illinois.
16    Section 20. Commission membership.
17    (a) The Commission shall consist of the following members:
18        (1) four members appointed by the Governor,
19    representing the Capital Development Board, the Department
20    of Transportation, the Department of Health and Family
21    Services, and the Department of Human Services;
22        (2) one member from the Department of Central
23    Management Services as a representative of the Department
24    and the Program;
25        (3) four members of the public, representing Program



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1    certified businesses, appointed by the Governor, of which
2    one is a member of the Business Enterprise Council for
3    Minorities, Women, and Persons with Disabilities;
4        (4) one member of the House of Representatives
5    appointed by the Speaker of the House of Representatives;
6        (5) one member of the House of Representatives,
7    appointed by the Minority Leader of the House of
8    Representatives;
9        (6) one member of the Senate appointed by the President
10    of the Senate; and
11        (7) one member of the Senate appointed by the Minority
12    Leader of the Senate.
13    (b) The chairperson or co-chairpersons of the Commission
14shall be designated by the Governor.
15    (c) Members of the Commission shall serve without
17    (d) The Department shall assist the Commission and provide
18administrative support to the Commission, including, but not
19limited to: (i) providing an Ethics Officer to the Commission;
20(ii) responding to Freedom of Information Act requests on
21behalf of the Commission; and (iii) assisting the Commission in
22complying with State ethics laws.
23    Section 25. Meetings. The Commission shall hold its first
24meeting in January 2021, and meet at least quarterly
25thereafter, and annually publish a report of its findings to be



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1issued to the Governor, the General Assembly, appropriate
2committees, certified Program organizations, and the public
3through the support of the Department. The Commission and its
4meetings are subject to the requirements of the Open Meetings
6    Section 30. Rules. The Commission may adopt all rules,
7policies, and procedures necessary to carry out its duties and
8functions under this Act.
9    Section 999. Effective date. This Act takes effect upon
10becoming law.