Public Act 098-0670
 
SB2761 EnrolledLRB098 16261 MLW 51320 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 Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2705-600 as follows:
 
    (20 ILCS 2705/2705-600)
    (Section scheduled to be repealed on June 30, 2014)
    Sec. 2705-600. Target market program. In order to remedy
particular incidents and patterns of egregious race or gender
discrimination, the chief procurement officer, in consultation
with the Department, shall have the power to implement a target
market program incorporating the following terms:
        (0.5) Each fiscal year, the Department shall review any
    and all evidence of discrimination related to
    transportation construction projects. Evidence of
    discrimination may include, but is not limited to: (i) the
    determination of the Department's utilization of
    minority-owned and female-owned firms in its prime
    contracts and associated subcontracts; (ii) the
    availability of minority-owned and female-owned firms in
    the Department's geographic market areas and specific
    construction industry markets; (iii) any disparities
    between the utilization of minority-owned and female-owned
    firms in the Department's markets and the utilization of
    those firms on the Department's prime contracts and
    subcontracts in those markets; (iv) any disparities
    between the utilization of minority-owned and female-owned
    firms in the overall construction markets in which the
    Department purchases and the utilization of those firms in
    the overall construction economy in which the Department
    operates; (v) evidence of discrimination in the rates at
    which minority-owned and female-owned firms in the
    Department's markets form businesses compared to similar
    non-minority-owned and non-female-owned firms in the
    Department's markets and in the dollars earned by such
    businesses; and (vi) quantitative and qualitative
    anecdotal evidence of discrimination. If after reviewing
    such evidence, the Department finds and the chief
    procurement officer concurs in the findings that the
    Department has a strong basis in evidence that it has a
    compelling interest in remedying the identified
    discrimination against a specific group, race, or gender,
    and that the only remedy for such discrimination is a
    narrowly tailored target market, the chief procurement
    officer, in consultation with the Department, has the power
    to establish and implement a target market program tailored
    to address the specific findings of egregious
    discrimination made by the Department, after a public
    hearing at which minority, female, and general contractor
    groups, community organizations, and other interested
    parties shall have the opportunity to provide comments.
        (1) In January of each year, the Department and the
    chief procurement officer shall report jointly to the
    General Assembly the results of any evidentiary inquiries
    or studies that establish the Department's compelling
    interest in remedying egregious discrimination based upon
    strong evidence of the need for a narrowly tailored target
    market to remedy such discrimination and public hearings
    held pursuant to this Section, and shall report the actions
    to be taken to address the findings, including, if
    warranted, the establishment and implementation of any
    target market initiatives.
        (2) The chief procurement officer shall work with the
    officers and divisions of the Department to determine the
    appropriate designation of contracts as target market
    contracts. The chief procurement officer, in consultation
    with the Department, shall determine appropriate contract
    formation and bidding procedures for target market
    contracts, including, but not limited to, the dividing of
    procurements so designated into contract award units in
    order to facilitate offers or bids from minority-owned
    businesses and female-owned businesses and the removal of
    bid bond requirements for minority-owned businesses and
    female-owned businesses. Minority-owned businesses and
    female-owned businesses shall remain eligible to seek the
    procurement award of contracts that have not been
    designated as target market contracts.
        (3) The chief procurement officer may make
    participation in the target market program dependent upon
    submission to stricter compliance audits than are
    generally applicable. No contract shall be eligible for
    inclusion in the target market program unless the
    Department determines that there are at least 3
    minority-owned businesses or female-owned businesses
    interested in participating in that type of contract. The
    Department, with the concurrence of the chief procurement
    officer, may develop guidelines to regulate the level of
    participation of individual minority-owned businesses and
    female-owned businesses in the target market program in
    order to prevent the domination of the target market
    program by a small number of those entities. The Department
    may require minority-owned businesses and female-owned
    businesses to participate in training programs offered by
    the Department or other State agencies as a condition
    precedent to participation in the target market program.
        (4) Participation in the target market program shall be
    limited to minority-owned businesses and female-owned
    businesses and joint ventures consisting exclusively of
    minority-owned businesses, female-owned businesses, or
    both, that are certified as disadvantaged businesses
    pursuant to the provisions of Section 6(d) of the Business
    Enterprise for Minorities, Females, and Persons with
    Disabilities Act. A firm awarded a target market contract
    may subcontract up to 50% of the dollar value of the target
    market contract to subcontractors who are not
    minority-owned businesses or female-owned businesses.
        (5) The Department may include in the target market
    program contracts that are funded by the federal government
    to the extent allowed by federal law and may vary the
    standards of eligibility of the target market program to
    the extent necessary to comply with the federal funding
    requirements.
        (6) If no satisfactory bid or response is received with
    respect to a contract that has been designated as part of
    the target market program, the chief procurement officer,
    in consultation with the Department, may delete that
    contract from the target market program. In addition, the
    chief procurement officer, in consultation with the
    Department, may thereupon designate and set aside for the
    target market program additional contracts corresponding
    in approximate value to the contract that was deleted from
    the target market program, in keeping with the narrowly
    tailored process used for selecting contracts suitable for
    the program and to the extent feasible.
        (7) The chief procurement officer, in consultation
    with the Department, shall promulgate such rules as he or
    she deems necessary to administer the target market
    program.
    If any part, sentence, or clause of this Section is for any
reason held invalid or to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this
Section.
    This Section is repealed on June 30, 2017 2014.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of P.A. 96-795); 97-228, eff. 7-28-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.