Public Act 100-0801
 
SB3106 EnrolledLRB100 20664 RJF 36115 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  






 
 
    Section 5. The Attorney General Act is amended by adding 
Section 9 as follows:
 
    (15 ILCS 205/9 new)
    Sec. 9. Contract aspirational goals. The Attorney General 
shall establish aspirational goals for contract awards for all 
contracts for goods and services, not including contracts for 
services relating to investigations or litigation. These 
aspirational goals shall be substantially in accordance with 
the Business Enterprise for Minorities, Women, and Persons with 
Disabilities Act, unless otherwise governed by other law. The 
Attorney General shall not be subject to the jurisdiction of 
the Business Enterprise Council established under the Business 
Enterprise for Minorities, Women, and Persons with 
Disabilities Act with regard to steps taken to achieve 
aspirational goals. The Attorney General shall annually post 
information regarding the Office's utilization of businesses 
owned by minorities, women, and persons with disabilities 
during the preceding fiscal year on the Office's Internet 
websites.
 
    Section 10. The Secretary of State Act is amended by adding 
Section 19 as follows:
 
    (15 ILCS 305/19 new)
    Sec. 19. Contract aspirational goals. The Secretary of 
State shall establish aspirational goals for contract awards 
substantially in accordance with the Business Enterprise for 
Minorities, Women, and Persons with Disabilities Act, unless 
otherwise governed by other law. The Secretary of State shall 
not be subject to the jurisdiction of the Business Enterprise 
Council established under the Business Enterprise for 
Minorities, Women, and Persons with Disabilities Act with 
regard to steps taken to achieve aspirational goals. The 
Secretary of State shall annually post the Office's utilization 
of businesses owned by minorities, women, and persons with 
disabilities during the preceding fiscal year on the Office's 
Internet websites.
 
    Section 15. The State Comptroller Act is amended  by 
changing Section 23.9, and by adding Section 23.10 as follows:
 
    (15 ILCS 405/23.9)
    Sec. 23.9. Minority Contractor Opportunity Initiative.  The 
State Comptroller Minority Contractor Opportunity Initiative 
is created to provide greater opportunities for minority-owned 
businesses, women-owned businesses, businesses owned by 
persons with disabilities, and small businesses with 20  or 
fewer employees in this State to participate in the State 
procurement process.  The initiative shall be administered by 
the Comptroller. Under this initiative, the Comptroller is 
responsible for the following: (i) outreach to minority-owned 
businesses, women-owned businesses, businesses owned by 
persons with disabilities, and small businesses capable of 
providing services to the State; (ii) education of 
minority-owned businesses, women-owned businesses, businesses 
owned by persons with disabilities, and small businesses 
concerning State contracting and procurement; (iii) 
notification of minority-owned businesses, women-owned 
businesses, businesses owned by persons with disabilities, and 
small businesses of State contracting opportunities; and (iv) 
maintenance of an online database of State contracts that 
identifies the contracts awarded to minority-owned businesses, 
women-owned businesses, businesses owned by persons with 
disabilities, and small businesses that includes the total 
amount paid by State agencies to contractors and the percentage 
paid to minority-owned businesses, women-owned businesses, 
businesses owned by persons with disabilities, and small 
businesses.
    The Comptroller shall work with the Business Enterprise 
Council created under Section 5 of the Business Enterprise for 
Minorities, Women, and Persons with Disabilities Act shall 
provide the Comptroller with names, Federal Employer 
Identification Numbers, and designations of Business 
Enterprise Program certified vendors to fulfill the 
Comptroller's responsibilities under this Section, including, 
but not limited to, .  The Comptroller may rely on the Business 
Enterprise Council's identification of minority-owned 
businesses, women-owned businesses, and businesses owned by 
persons with disabilities.
    The Comptroller shall annually prepare and submit a report 
to the Governor and the General Assembly concerning the 
progress of this initiative including the following 
information for the preceding fiscal calendar year: (i) a 
statement of the total amounts paid by each executive branch 
agency to contractors since the previous report; (ii) the 
percentage of the amounts that were paid to minority-owned 
businesses, women-owned businesses, businesses owned by 
persons with disabilities, and small businesses; (iii) the 
successes achieved and the challenges faced by the Comptroller 
in operating outreach programs for minorities, women, persons 
with disabilities, and small businesses; (iv) the challenges 
each executive branch agency may face in hiring qualified 
minority, woman, and small business employees and employees 
with disabilities and contracting with qualified 
minority-owned businesses, women-owned businesses, businesses 
owned by persons with disabilities, and small businesses; and 
(v) (iv) any other information, findings, conclusions, and 
recommendations for legislative or agency action, as the 
Comptroller deems appropriate.
    On and after the effective date of this amendatory Act of 
the 97th General Assembly, any bidder or offeror awarded a 
contract of $1,000 or more under Section 20-10, 20-15, 20-25, 
or 20-30 of the Illinois Procurement Code is required to pay a 
fee of $15 to cover expenses related to the administration of 
this Section.  The Comptroller shall deduct the fee from the 
first check issued to the vendor under the contract and deposit 
the fee  into the Comptroller's Administrative Fund. Contracts 
administered for statewide orders placed by agencies (commonly 
referred to as "statewide master contracts") are exempt from 
this fee. 

    Each Chief Procurement Officer shall provide the 
Comptroller with names and Federal Employer Identification 
Numbers of vendors registered in the Illinois Small Business 
Set Aside Program to aid the Comptroller in fulfilling his or 
her responsibilities under this Section. 
(Source: P.A. 99-143, eff. 7-27-15; 100-391, eff. 8-25-17.)
 
    (15 ILCS 405/23.10 new)
    Sec. 23.10. Contract aspirational goals. The Comptroller 
shall establish aspirational goals for contract awards 
substantially in accordance with the Business Enterprise for 
Minorities, Women, and Persons with Disabilities Act, unless 
otherwise governed by other law. The Comptroller shall not be 
subject to the jurisdiction of the Business Enterprise Council 
established under the Business Enterprise for Minorities, 
Women, and Persons with Disabilities Act with regard to steps 
taken to achieve aspirational goals. The Comptroller shall 
annually post the Office's utilization of businesses owned by 
minorities, women, and persons with disabilities during the 
preceding fiscal year on the Office's Internet websites.
 
    Section 20. The Illinois State Auditing Act is amended by 
adding Section 2-16 as follows:
 
    (30 ILCS 5/2-16 new)
    Sec. 2-16. Contract aspirational goals. The Auditor 
General shall establish aspirational goals for contract awards 
substantially in accordance the Business Enterprise for 
Minorities, Women, and Persons with Disabilities Act, unless 
otherwise governed by other law. The Auditor General shall not 
be subject to the jurisdiction of the Business Enterprise 
Council established under the Business Enterprise for 
Minorities, Women, and Persons with Disabilities Act with 
regard to steps taken to achieve aspirational goals. The 
Auditor General shall annually post the Office's utilization of 
businesses owned by minorities, women, and persons with 
disabilities during the preceding fiscal year on the Office's 
Internet websites.
 
    Section 25. The Business Enterprise for Minorities, Women, 
and Persons with
Disabilities Act is amended by changing 
Section 5 as follows:
 



    (30 ILCS 575/5)  (from Ch. 127, par. 132.605)

    (Section scheduled to be repealed on June 30, 2020)


    Sec. 5. Business Enterprise Council. 

    (1) To help implement, monitor and enforce the goals of 
this Act, there
is created the Business Enterprise Council for

Minorities, Women, and Persons with Disabilities, hereinafter

referred to as the Council, composed of the Secretary of Human 
Services and
the Directors of the Department of
Human Rights, 
the Department of Commerce and Economic Opportunity, the

Department of Central Management Services, the Department of 
Transportation and
the
Capital Development Board, or their duly 
appointed representatives, with the Comptroller, or his or her 
designee, serving as an advisory member of the Council.  Ten

individuals representing businesses that are minority-owned or 
women-owned or
owned by persons with disabilities, 2 
individuals representing the business
community, and a 
representative of public institutions of higher education 
shall be appointed by the Governor.  These members shall serve 2

year terms and shall be eligible for reappointment.  Any vacancy 
occurring on
the Council shall also be filled by the Governor.  
Any member appointed to fill
a vacancy occurring prior to the 
expiration of the term for which his
predecessor was appointed 
shall be appointed for the remainder of such term.
Members of 
the Council shall serve without compensation but shall be 
reimbursed
for any ordinary and necessary expenses incurred in 
the performance of their
duties. 

    The Director of the Department of Central Management 
Services shall serve
as the Council chairperson and shall 
select, subject to approval of the
council, a Secretary 
responsible for the operation of the program who shall
serve as 
the Division Manager of the Business
Enterprise for Minorities, 
Women, and Persons with Disabilities Division
of the Department 
of Central Management Services.

    The Director of each State agency and the chief executive 
officer of
each public institutions of higher education shall 
appoint a liaison to the Council.  The liaison
shall be 
responsible for submitting to the Council any reports and

documents necessary under this Act.

    (2) The Council's authority and responsibility shall be to:

        (a) Devise a certification procedure to assure that 
    businesses taking
advantage of this Act are legitimately 
    classified as businesses owned by minorities, women, or 
    persons with
disabilities.

        (b) Maintain a list of all
businesses legitimately 
    classified as businesses owned by minorities, women, or 
    persons with disabilities to provide to State agencies and 
    public institutions of higher education.

        (c) Review rules and regulations for the 
    implementation of the program for businesses owned by 
    minorities, women,
and persons with disabilities.

        (d) Review compliance plans submitted by each State 
    agency and public institutions of higher education

    pursuant to this Act.

        (e) Make annual reports as provided in Section 8f to 
    the Governor and
the General Assembly on the
status of the 
    program.

        (f) Serve as a central clearinghouse for information on 
    State
contracts, including the maintenance of a list of all 
    pending State
contracts upon which businesses owned by 
    minorities, women, and persons with disabilities may bid.

    At the Council's discretion, maintenance of the list may 
    include 24-hour
electronic access to the list along with 
    the bid and application information.

        (g) Establish a toll free telephone number to 
    facilitate information
requests concerning the 
    certification process and pending contracts.

    (3) No premium bond rate of a surety company for a bond 
required of a business owned by a minority, woman, or person

with a disability bidding for a State contract shall be
higher 
than the lowest rate charged by that surety company for a 
similar
bond in the same classification of work that would be 
written for a business not owned by a minority, woman, or 
person with a disability.

    (4) Any Council member who has direct financial or personal 
interest in
any measure pending before the Council shall 
disclose this fact to the
Council and refrain from 
participating in the determination upon such measure.

    (5) The Secretary shall have the following duties and 
responsibilities:

        (a) To be responsible for the day-to-day operation of 
    the Council.

        (b) To serve as a coordinator for all of the State's 
    programs for businesses owned by minorities, women,
and 
    persons with disabilities and as the information and 
    referral center
for all State initiatives for businesses

    owned by minorities, women, and persons with disabilities.

        (c) To establish an enforcement procedure whereby the 
    Council may
recommend to the appropriate State legal 
    officer that the State exercise
its legal remedies which 
    shall include (1) termination of the contract
involved, (2) 
    prohibition of participation by the respondent in public

    contracts for a period not to exceed 3 years,  (3) 
    imposition of a penalty
not to exceed any profit acquired 
    as a result of violation, or (4) any
combination thereof.  
    Such procedures shall require prior approval by Council.

        (d) To devise appropriate policies, regulations and 
    procedures for
including participation by businesses owned

    by minorities, women, and persons with disabilities as 
    prime contractors
including, but not limited to, (i) 
    encouraging the inclusions of qualified businesses owned 
    by minorities, women, and
persons with disabilities on 
    solicitation lists, (ii)
investigating the potential of 
    blanket bonding programs for small
construction jobs, 
    (iii) investigating and making recommendations
concerning 
    the use of the sheltered market process.

        (e) To devise procedures for the waiver of the 
    participation goals in
appropriate circumstances.

        (f) To accept donations and, with the approval of the 
    Council or the
Director of Central Management Services, 
    grants related to the purposes of
this Act; to conduct 
    seminars related to the purpose of this Act and to
charge 
    reasonable registration fees; and to sell directories, 
    vendor lists
and other such information to interested 
    parties, except that forms
necessary to become eligible for 
    the program shall be provided free of
charge to a business 
    or individual applying for the program.

(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.