HB5864 101ST GENERAL ASSEMBLY

LRB101 23046 RJF 74173 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5864

Introduced , by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:

30 ILCS 500/20-120
30 ILCS 575/8k new

Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that no voucher shall be submitted to the Comptroller for a warrant to be drawn for the payment of money from the State treasury or from other funds held by the State Treasurer on account of any contract requiring payment to a subcontractor by a vendor unless it includes specified vendor information, including such information concerning Business Enterprise Program certified vendors and disadvantaged business enterprise certified vendors. Requires each State agency to publish on its website the specified information for each voucher and to provide that information to the State Comptroller. Requires the State Comptroller to publish the information provided by State agencies on its website, and provide a listing of or link to each disbursement for each voucher. Amends the Illinois Procurement Code to make conforming changes.

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Procurement Code is amended by changing Section 20-120 as follows:

(30 ILCS 500/20-120)

Sec. 20-120. Subcontractors.

(a) Any contract granted under this Code shall state whether the services of a subcontractor will be used. The contract shall include the names and addresses of all known subcontractors with subcontracts with an annual value of more than $50,000, the general type of work to be performed by these subcontractors, and the expected amount of money each will receive under the contract. Upon the request of the chief procurement officer appointed pursuant to paragraph (2) of subsection (a) of Section 10-20, the contractor shall provide the chief procurement officer a copy of a subcontract so identified within 15 calendar days after the request is made. A subcontractor, or contractor on behalf of a subcontractor, may identify information that is deemed proprietary or confidential. If the chief procurement officer determines the information is not relevant to the primary contract, the chief procurement officer may excuse the inclusion of the information. If the chief procurement officer determines the information is proprietary or could harm the business interest of the subcontractor, the chief procurement officer may, in his or her discretion, redact the information. Redacted information shall not become part of the public record.

(b) If at any time during the term of a contract, a contractor adds or changes any subcontractors, he or she shall promptly notify, in writing, the chief procurement officer, State purchasing officer, or their designee of the names and addresses of each new or replaced subcontractor and the general type of work to be performed. Upon the request of the chief procurement officer appointed pursuant to paragraph (2) of subsection (a) of Section 10-20, the contractor shall provide the chief procurement officer a copy of any new or amended subcontract so identified within 15 calendar days after the request is made.

(c) In addition to any other requirements of this Code, a subcontract subject to this Section must include all of the subcontractor's certifications required by Article 50 of the Code.

(c-5) Notwithstanding any provision of law to the contrary, no voucher shall be submitted to the Comptroller for a warrant to be drawn for the payment of money from the State treasury or from other funds held by the State Treasurer on account of any contract requiring payment to a subcontractor by a vendor unless it fulfills the requirements of Section 8k of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

(d) This Section applies to procurements solicited on or after July 1, 2010 (the effective date of P.A. 96-795) this amendatory Act of the 96th General Assembly. The changes made to this Section by P.A. 97-895 this amendatory Act of the 97th General Assembly apply to procurements solicited on or after August 3, 2012 (the effective date of P.A. 97-895). The changes made to this Section by this amendatory Act of the 101st General Assembly apply to procurements solicited on or after the effective date of this amendatory Act of the 101st General Assembly this amendatory Act of the 97th General Assembly.

(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)

Section 10. The Business Enterprise for Minorities, Women, and Persons with Disabilities Act is amended by adding Section 8k as follows:

(30 ILCS 575/8k new)

Sec. 8k. Vendor payment information.

(a) No voucher shall be submitted to the Comptroller for a warrant to be drawn for the payment of money from the State treasury or from other funds held by the State Treasurer on account of any contract unless it includes the following information:

(1) each subcontractor to be paid by the vendor;

(2) the amount of money that is to be paid to each subcontractor;

(3) whether each subcontractor is a Business Enterprise Program certified vendor, a disadvantaged business enterprise certified vendor, or is otherwise a small business certified as a minority-owned business, women-owned business, or a business owned by persons with a disability;

(4) the total amount of money to be paid to Business Enterprise Program certified vendors or disadvantaged business enterprise certified vendors expressed in a percentage term; and

(5) whether the total of money to be paid to Business Enterprise Program certified vendors or disadvantaged business enterprise certified vendors is below or above the aspirational goal for that project, if any.

(b) If more than one project is incorporated in the same voucher, then the data shall be listed by project to match up with the project-specific goals for each project.

(c) Each State agency shall publish on its website the data listed under this Section for each voucher submitted to the Comptroller.

(d) The Comptroller shall publish all of the information provided under this Section on his or her website, and provide a listing of or link to each disbursement for each voucher submitted.