Bill Text: IL HB0142 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Rebuild Illinois Capital Financing Program of 2019. Amends the General Obligation Bond Act. Increases the amount of bonded indebtedness authorized to $78,256,839,969 from $57,717,925,743, and specifies the uses for which the additional moneys may be used. Expands the Funds used to determine the debt limit to include the Fund for the Advancement of Education, the Commitment to Human Services Fund, and the Budget Stabilization Fund (currently, the General Revenue Fund, the Common School Fund, the General Revenue Common School Special Account Fund, and the Education Assistance Fund). Creates the Mass Transportation Bond Fund. Amends the Build Illinois Bond Act. Increases the amount of bonded indebtedness authorized to $9,484,681,100 from $6,246,009,000, and specifies the uses for which the additional moneys may be used. Amends the State Finance Act and the Regional Transportation Authority Act. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2019-06-28 - Public Act . . . . . . . . . 101-0030 [HB0142 Detail]

Download: Illinois-2019-HB0142-Engrossed.html

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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Business Enterprise for Minorities, Women,
and Persons with Disabilities Act is amended by changing
Sections 4f, 6, and 8f as follows:
(30 ILCS 575/4f)
(Section scheduled to be repealed on June 30, 2020)
Sec. 4f. Award of State contracts to professional service
firms.
(1) It is hereby declared to be the public policy of the
State of Illinois to promote and encourage each State agency
and public institution of higher education to use businesses
owned by minorities, women, and persons with disabilities in
the area of goods and services, including, but not limited to,
insurance services, investment management services,
information technology services, accounting services,
architectural and engineering services, and legal services.
Furthermore, each State agency and public institution of higher
education shall utilize such firms to the greatest extent
feasible within the bounds of financial and fiduciary prudence,
and take affirmative steps to remove any barriers to the full
participation of such firms in the procurement and contracting

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opportunities afforded.
(a) When a State agency or public institution of higher
education, other than a community college, awards a
contract for insurance services, for each State agency or
public institution of higher education, it shall be the
aspirational goal to use insurance brokers owned by
minorities, women, and persons with disabilities as
defined by this Act, for not less than 20% of the total
annual premiums or fees.
(b) When a State agency or public institution of higher
education, other than a community college, awards a
contract for investment services, for each State agency or
public institution of higher education, it shall be the
aspirational goal to use emerging investment managers
owned by minorities, women, and persons with disabilities
as defined by this Act, for not less than 20% of the total
funds under management. Furthermore, it is the
aspirational goal that not less than 20% of the direct
asset managers of the State funds be minorities, women, and
persons with disabilities.
(c) When a State agency or public institution of higher
education, other than a community college, awards
contracts for information technology services, accounting
services, architectural and engineering services, and
legal services, for each State agency and public
institution of higher education, it shall be the

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aspirational goal to use such firms owned by minorities,
women, and persons with disabilities as defined by this Act
and lawyers who are minorities, women, and persons with
disabilities as defined by this Act, for not less than 20%
of the total dollar amount of State contracts.
(d) When a community college awards a contract for
insurance services, investment services, information
technology services, accounting services, architectural
and engineering services, and legal services, it shall be
the aspirational goal of each community college to use
businesses owned by minorities, women, and persons with
disabilities as defined in this Act for not less than 20%
of the total amount spent on contracts for these services
collectively. When a community college awards contracts
for investment services, contracts awarded to investment
managers who are not emerging investment managers as
defined in this Act shall not be considered businesses
owned by minorities, women, or persons with disabilities
for the purposes of this Section.
(2) As used in this Section:
"Accounting services" means the measurement,
processing and communication of financial information
about economic entities including, but is not limited to,
financial accounting, management accounting, auditing,
cost containment and auditing services, taxation and
accounting information systems.

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"Architectural and engineering services" means
professional services of an architectural or engineering
nature, or incidental services, that members of the
architectural and engineering professions, and individuals
in their employ, may logically or justifiably perform,
including studies, investigations, surveying and mapping,
tests, evaluations, consultations, comprehensive planning,
program management, conceptual designs, plans and
specifications, value engineering, construction phase
services, soils engineering, drawing reviews, preparation
of operating and maintenance manuals, and other related
services.
"Emerging investment manager" means an investment
manager or claims consultant having assets under
management below $10 billion or otherwise adjudicating
claims.
"Information technology services" means, but is not
limited to, specialized technology-oriented solutions by
combining the processes and functions of software,
hardware, networks, telecommunications, web designers,
cloud developing resellers, and electronics.
"Insurance broker" means an insurance brokerage firm,
claims administrator, or both, that procures, places all
lines of insurance, or administers claims with annual
premiums or fees of at least $5,000,000 but not more than
$10,000,000.

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"Legal services" means work performed by a lawyer
including, but not limited to, contracts in anticipation of
litigation, enforcement actions, or investigations.
(3) Each State agency and public institution of higher
education shall adopt policies that identify its plan and
implementation procedures for increasing the use of service
firms owned by minorities, women, and persons with
disabilities.
(4) The Except as provided in subsection (5), the Council
shall file no later than March 1 of each year an annual report
to the Governor and the General Assembly. The report filed with
the General Assembly shall be filed as required in Section 3.1
of the General Assembly Organization Act. This report shall:
(i) identify the service firms used by each State agency and
public institution of higher education, (ii) identify the
actions it has undertaken to increase the use of service firms
owned by minorities, women, and persons with disabilities,
including encouraging non-minority-owned firms to use other
service firms owned by minorities, women, and persons with
disabilities as subcontractors when the opportunities arise,
(iii) state any recommendations made by the Council to each
State agency and public institution of higher education to
increase participation by the use of service firms owned by
minorities, women, and persons with disabilities, and (iv)
include the following:
(A) For insurance services: the names of the insurance

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brokers or claims consultants used, the total of risk
managed by each State agency and public institution of
higher education by insurance brokers, the total
commissions, fees paid, or both, the lines or insurance
policies placed, and the amount of premiums placed; and the
percentage of the risk managed by insurance brokers, the
percentage of total commission, fees paid, or both, the
lines or insurance policies placed, and the amount of
premiums placed with each by the insurance brokers owned by
minorities, women, and persons with disabilities by each
State agency and public institution of higher education.
(B) For investment management services: the names of
the investment managers used, the total funds under
management of investment managers; the total commissions,
fees paid, or both; the total and percentage of funds under
management of emerging investment managers owned by
minorities, women, and persons with disabilities,
including the total and percentage of total commissions,
fees paid, or both by each State agency and public
institution of higher education.
(C) The names of service firms, the percentage and
total dollar amount paid for professional services by
category by each State agency and public institution of
higher education.
(D) The names of service firms, the percentage and
total dollar amount paid for services by category to firms

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owned by minorities, women, and persons with disabilities
by each State agency and public institution of higher
education.
(E) The total number of contracts awarded for services
by category and the total number of contracts awarded to
firms owned by minorities, women, and persons with
disabilities by each State agency and public institution of
higher education.
(5) (Blank). For community college districts, the Business
Enterprise Council shall only report the following information
for each community college district: (i) the name of the
community colleges in the district, (ii) the name and contact
information of a person at each community college appointed to
be the single point of contact for vendors owned by minorities,
women, or persons with disabilities, (iii) the policy of the
community college district concerning certified vendors, (iv)
the certifications recognized by the community college
district for determining whether a business is owned or
controlled by a minority, woman, or person with a disability,
(v) outreach efforts conducted by the community college
district to increase the use of certified vendors, (vi) the
total expenditures by the community college district in the
prior fiscal year in the divisions of work specified in
paragraphs (a), (b), and (c) of subsection (1) of this Section
and the amount paid to certified vendors in those divisions of
work, and (vii) the total number of contracts entered into for

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the divisions of work specified in paragraphs (a), (b), and (c)
of subsection (1) of this Section and the total number of
contracts awarded to certified vendors providing these
services to the community college district. The Business
Enterprise Council shall not make any utilization reports under
this Act for community college districts for Fiscal Year 2015
and Fiscal Year 2016, but shall make the report required by
this subsection for Fiscal Year 2017 and for each fiscal year
thereafter. The Business Enterprise Council shall report the
information in items (i), (ii), (iii), and (iv) of this
subsection beginning in September of 2016. The Business
Enterprise Council may collect the data needed to make its
report from the Illinois Community College Board.
(6) The status of the utilization of services shall be
discussed at each of the regularly scheduled Business
Enterprise Council meetings. Time shall be allotted for the
Council to receive, review, and discuss the progress of the use
of service firms owned by minorities, women, and persons with
disabilities by each State agency and public institution of
higher education; and any evidence regarding past or present
racial, ethnic, or gender-based discrimination which directly
impacts a State agency or public institution of higher
education contracting with such firms. If after reviewing such
evidence the Council finds that there is or has been such
discrimination against a specific group, race or sex, the
Council shall establish sheltered markets or adjust existing

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sheltered markets tailored to address the Council's specific
findings for the divisions of work specified in paragraphs (a),
(b), and (c) of subsection (1) of this Section.
(Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16;
100-391, eff. 8-25-17.)
(30 ILCS 575/6) (from Ch. 127, par. 132.606)
(Section scheduled to be repealed on June 30, 2020)
Sec. 6. Agency compliance plans. Each State agency and
public institutions of higher education under the jurisdiction
of this Act shall file with the Council an annual compliance
plan which shall outline the goals of the State agency or
public institutions of higher education for contracting with
businesses owned by minorities, women, and persons with
disabilities for the then current fiscal year, the manner in
which the agency intends to reach these goals and a timetable
for reaching these goals. The Council shall review and approve
the plan of each State agency and public institutions of higher
education and may reject any plan that does not comply with
this Act or any rules or regulations promulgated pursuant to
this Act.
(a) The compliance plan shall also include, but not be
limited to, (1) a policy statement, signed by the State agency
or public institution of higher education head, expressing a
commitment to encourage the use of businesses owned by
minorities, women, and persons with disabilities, (2) the

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designation of the liaison officer provided for in Section 5 of
this Act, (3) procedures to distribute to potential contractors
and vendors the list of all businesses legitimately classified
as businesses owned by minorities, women, and persons with
disabilities and so certified under this Act, (4) procedures to
set separate contract goals on specific prime contracts and
purchase orders with subcontracting possibilities based upon
the type of work or services and subcontractor availability,
(5) procedures to assure that contractors and vendors make good
faith efforts to meet contract goals, (6) procedures for
contract goal exemption, modification and waiver, and (7) the
delineation of separate contract goals for businesses owned by
minorities, women, and persons with disabilities.
(b) Approval of the compliance plans shall include such
delegation of responsibilities to the requesting State agency
or public institution of higher education as the Council deems
necessary and appropriate to fulfill the purpose of this Act.
Such responsibilities may include, but need not be limited to
those outlined in subsections (1), (2) and (3) of Section 7,
paragraph (a) of Section 8, and Section 8a of this Act.
(c) Each State agency and public institution of higher
education under the jurisdiction of this Act shall file with
the Council an annual report of its utilization of businesses
owned by minorities, women, and persons with disabilities
during the preceding fiscal year including lapse period
spending and a mid-fiscal year report of its utilization to

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date for the then current fiscal year. The reports shall
include a self-evaluation of the efforts of the State agency or
public institution of higher education to meet its goals under
the Act.
(d) Notwithstanding any provisions to the contrary in this
Act, any State agency or public institution of higher education
which administers a construction program, for which federal law
or regulations establish standards and procedures for the
utilization of minority-owned and women-owned businesses and
disadvantaged businesses, shall implement a disadvantaged
business enterprise program to include minority-owned and
women-owned businesses and disadvantaged businesses, using the
federal standards and procedures for the establishment of goals
and utilization procedures for the State-funded, as well as the
federally assisted, portions of the program. In such cases,
these goals shall not exceed those established pursuant to the
relevant federal statutes or regulations. Notwithstanding the
provisions of Section 8b, the Illinois Department of
Transportation is authorized to establish sheltered markets
for the State-funded portions of the program consistent with
federal law and regulations. Additionally, a compliance plan
which is filed by such State agency or public institution of
higher education pursuant to this Act, which incorporates
equivalent terms and conditions of its federally-approved
compliance plan, shall be deemed approved under this Act.
(e) Each community college district shall file the annual

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compliance plan, mid-fiscal year report, and annual report as
specified in paragraphs (a) and (c) of this Section with the
Illinois Community College Board. The Illinois Community
College Board shall compile and submit the reports required
under this Section to the Secretary of the Council.
(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
(30 ILCS 575/8f)
(Section scheduled to be repealed on June 30, 2020)
Sec. 8f. Annual report. The Council shall file no later
than March 1 of each year, an annual report that shall detail
the level of achievement toward the goals specified in this Act
over the 3 most recent fiscal years. The annual report shall
include, but need not be limited to the following:
(1) a summary detailing expenditures subject to the
goals, the actual goals specified, and the goals attained
by each State agency and public institution of higher
education;
(2) a summary of the number of contracts awarded and
the average contract amount by each State agency and public
institution of higher education;
(3) an analysis of the level of overall goal
achievement concerning purchases from minority-owned
businesses, women-owned businesses, and businesses owned
by persons with disabilities;
(4) an analysis of the number of businesses owned by

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minorities, women, and persons with disabilities that are
certified under the program as well as the number of those
businesses that received State procurement contracts; and
(5) a summary of the number of contracts awarded to
businesses with annual gross sales of less than $1,000,000;
of $1,000,000 or more, but less than $5,000,000; of
$5,000,000 or more, but less than $10,000,000; and of
$10,000,000 or more; and .
(6) for community college districts, the Council shall
only report the following information for each community
college district: (i) the name of the community colleges in
the district; (ii) the name and contact information of a
person at each community college appointed to be the single
point of contact for vendors owned by minorities, women, or
persons with disabilities; (iii) the policy of the
community college district concerning certified vendors;
(iv) the certifications recognized by the community
college district for determining whether a business is
owned or controlled by a minority, woman, or person with a
disability; (v) outreach efforts conducted by the
community college district to increase the use of certified
vendors; (vi) the total expenditures by the community
college district in the prior fiscal year in the divisions
of work specified in paragraph (d) of subsection (1) of
Section 4f and the amount paid to certified vendors in
those divisions of work; (vii) the total number of

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contracts entered into for the divisions of work specified
in paragraph (d) of subsection (1) of Section 4f and the
total number of contracts awarded to certified vendors
providing these services to the community college
district; (viii) the total expenditures and the total
number of State contracts entered into by the community
college district in the prior fiscal year as specified in
paragraph (a) of Section 4, and the amount paid to
certified vendors and the total number of contract awarded
to vendors; and (ix) the total expenditures and the total
number of contracts entered into by the community college
district in the prior fiscal year as specified under
paragraph (b) of Section 4, and the amount paid to
certified vendors and the total number of contracts awarded
to certified vendors.
Each community college shall file the information required
under paragraph (6) with the Illinois Community College Board.
The Illinois Community College Board shall compile and submit
the reports required under paragraph (6) to the Secretary of
the Council.
(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)