Bill Text: IL HB0159 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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%.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0159 Detail]

Download: Illinois-2019-HB0159-Introduced.html

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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
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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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,
Females, and Persons with Disabilities Act is amended by
changing Section 4 as follows:
(30 ILCS 575/4) (from Ch. 127, par. 132.604)
(Section scheduled to be repealed on June 30, 2020)
Sec. 4. Award of State contracts.
(a) Except as provided in subsections (b), and (c), and
(f), not less than 20% of the total dollar amount of State
contracts, as defined by the Secretary of the Council and
approved by the Council, shall be established as an
aspirational goal to be awarded to businesses owned by
minorities, women, and persons with disabilities; provided,
however, that of the total amount of all State contracts
awarded to businesses owned by minorities, women, and persons
with disabilities pursuant to this Section, contracts
representing at least 11% shall be awarded to businesses owned
by minorities, contracts representing at least 7% shall be
awarded to women-owned businesses, and contracts representing
at least 2% shall be awarded to businesses owned by persons
with disabilities.

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The above percentage relates to the total dollar amount of
State contracts during each State fiscal year, calculated by
examining independently each type of contract for each agency
or public institutions of higher education which lets such
contracts. Only that percentage of arrangements which
represents the participation of businesses owned by
minorities, women, and persons with disabilities on such
contracts shall be included.
(b) Except as provided in subsection (f) of this Section,
in In the case of State construction contracts, the provisions
of subsection (a) requiring a portion of State contracts to be
awarded to businesses owned and controlled by persons with
disabilities do not apply. The following aspirational goals are
established for State construction contracts: not less than 20%
of the total dollar amount of State construction contracts is
established as a goal to be awarded to minority-owned and
women-owned businesses.
(c) Except as provided in subsection (f) of this Section,
in In the case of all work undertaken by the University of
Illinois related to the planning, organization, and staging of
the games, the University of Illinois shall establish a goal of
awarding not less than 25% of the annual dollar value of all
contracts, purchase orders, and other agreements (collectively
referred to as "the contracts") to minority-owned businesses or
businesses owned by a person with a disability and 5% of the
annual dollar value the contracts to women-owned businesses.

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For purposes of this subsection, the term "games" has the
meaning set forth in the Olympic Games and Paralympic Games
(2016) Law.
(d) Within one year after April 28, 2009 (the effective
date of Public Act 96-8), the Department of Central Management
Services shall conduct a social scientific study that measures
the impact of discrimination on minority and women business
development in Illinois. Within 18 months after April 28, 2009
(the effective date of Public Act 96-8), the Department shall
issue a report of its findings and any recommendations on
whether to adjust the goals for minority and women
participation established in this Act. Copies of this report
and the social scientific study shall be filed with the
Governor and the General Assembly.
(e) Except as permitted under this Act or as otherwise
mandated by federal law or regulation, those who submit bids or
proposals for State contracts subject to the provisions of this
Act, whose bids or proposals are successful and include a
utilization plan but that fail to meet the goals set forth in
subsection (b) of this Section, shall be notified of that
deficiency and shall be afforded a period not to exceed 10
calendar days from the date of notification to cure that
deficiency in the bid or proposal. The deficiency in the bid or
proposal may only be cured by contracting with additional
subcontractors who are owned by minorities or women, but in no
case shall an identified subcontractor with a certification

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made pursuant to this Act be terminated from the contract
without the written consent of the State agency or public
institution of higher education entering into the contract.
(f) Non-construction solicitations that include Business
Enterprise Program participation goals shall require bidders
and offerors to include utilization plans. Utilization plans
are due at the time of bid or offer submission. Failure to
complete and include a utilization plan, including
documentation demonstrating good faith effort when requesting
a waiver, shall render the bid or offer non-responsive.
(g) Notwithstanding the provisions of this Section, after
the effective date of this amendatory Act of the 101st General
Assembly, all State agencies shall increase their award of
State contracts to minority owned businesses by 15%.
(Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16;
100-391, eff. 8-25-17.)