HB5875 101ST GENERAL ASSEMBLY

LRB101 23276 RJF 74425 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5875

Introduced , by Rep. Debbie Meyers-Martin

SYNOPSIS AS INTRODUCED:

New Act

Creates the Commission on Fair Practices in Procurement and Contracting Act. Establishes the Commission on Fair Practices in Procurement and Contracting. Provides for the purpose and functions of the Commission. Provides for the membership of the Commission and related requirements. Provides that the Department of Central Management Services shall assist the Commission and provide administrative support to the Commission. Provides meeting requirements for the Commission. Provides for the adoption of rules. Defines terms. Provides legislative findings. Effective immediately.

A BILL FOR

AN ACT concerning State government.

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

Section 1. Short title. This Act may be cited as the Commission on Fair Practices in Procurement and Contracting Act.

Section 5. Legislative findings.

(1) It is the public policy of the State of Illinois that businesses owned by minorities, women, and persons with disabilities should participate equitably and contract with the State through its procurement processes.

(2) The Business Enterprise Program, which exists to foster an inclusive and competitive business environment, commissioned a Disparity and Availability Study in 2015 which found that disparities still significantly exist between the availability and utilization of Business Enterprise Program certified businesses compared to non-Business Enterprise Program certified owned businesses.

(3) The 2015 Disparity and Availability Study and Business Enterprise Program's most recent annual reports still identify significant ongoing disparities between the 4 participating classes of Business Enterprise Program business owners as well as between all Business Enterprise Program certified companies in comparison to white male majority owned businesses awarded State contracts.

(4) Recent research and policy recommendations from State task forces and other studies reveal there is more work that must be done to increase access and equity in State procurement and contracting in Illinois.

(5) Ongoing commitment to reviewing and correcting of exclusive contracting patterns is necessary to not only encourage but also facilitate full participation by business owners of diverse backgrounds that have historically faced unique barriers to entry and corporate growth in our economy.

(6) Therefore, there exists an urgent and substantial need for the establishment of a legislatively authorized body to monitor, analyze, formulate policy recommendations, and produce reports on the State of Illinois' progress in the implementation of fair practices in procurement and contracting statewide.

Section 10. Definitions. As used in this Act:

"Commission" means the Commission on Fair Practices in Procurement and Contracting created under this Act.

"Department" means the Department of Central Management Services.

"Disparity Study" means the State of Illinois 2015 Disparity and Availability Study.

"Program" means the Business Enterprise Program for Minorities, Women, and Persons with Disabilities created under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

"State agency" means any agency under the jurisdiction of the Governor whose procurement contracting is regulated by the Chief Procurement Officer for General Services.

"State contract" or "State contracts" has the same meaning provided under Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

Section 15. Commission on Fair Practices in Procurement and Contracting.

(a) Pursuant to the promotion of economic equity through increased access and participation in the State of Illinois procurement and contracting processes, there is hereby created a permanent Commission on Fair Practices in Procurement and Contracting.

(b) The purpose of the Commission is the ongoing study of Program certified businesses and their participation in State procurement, contracting, and as awardees. The Commission shall be an advisory body that will not make binding recommendations or determinations.

(c) The Commission shall perform the following functions:

(1) issue regularly proposed solutions to systemic causes limiting Program certified business participation in State procurements;

(2) review on a quarterly basis State agency performance as it relates to Program certified businesses to increase transparency surrounding State agency compliance. Report results are to be made available to Program certified businesses and the public at-large;

(3) review State agency performance and issue recommendations as warranted on the eradication of historic disparities and barriers to State procurement, awarding of State contracts, and receipt of State funds by Program certified businesses;

(4) receive from each State agency a plan, including goals on how to eradicate historic disparities and barriers that prevent fairness, access, equality, and parity for Program certified businesses, and review and provide recommendations to State agencies on such plans;

(5) recommend performance incentives for State agencies that meet or exceed their planned goals and publish, at least annually, a list of those State agencies that fail to meet their planned goals;

(6) conduct meetings and accept public comment from representatives of Program certified businesses on their interaction with State agencies and experiences in seeking to overcome historic barriers to participation in State procurement and contracting, and issue recommendations to State agencies based on such comments and other information;

(7) conduct inquires of State agencies to identify and evaluate existing administrative, operational, and personnel policies and procedures as they relate to Program certified and non-Program certified owned business participation in State procurements; and

(8) issue annually 3 separate reports (one each for minority-owned businesses, women-owned businesses, and businesses owned by persons with a disability) to the Governor and the General Assembly, which shall include data and recommendations on disparities between utilization ratios within Program certified owned business groups, as well as in comparison to non-certified Program companies awarded State contracts in Illinois.

Section 20. Commission membership.

(a) The Commission shall consist of the following members:

(1) four members appointed by the Governor, representing the Capital Development Board, the Department of Transportation, the Department of Health and Family Services, and the Department of Human Services;

(2) one member from the Department of Central Management Services as a representative of the Department and the Program;

(3) four members of the public, representing Program certified businesses, appointed by the Governor, of which one is a member of the Business Enterprise Council for Minorities, Women, and Persons with Disabilities;

(4) one member of the House of Representatives appointed by the Speaker of the House of Representatives;

(5) one member of the House of Representatives, appointed by the Minority Leader of the House of Representatives;

(6) one member of the Senate appointed by the President of the Senate; and

(7) one member of the Senate appointed by the Minority Leader of the Senate.

(b) The chairperson or co-chairpersons of the Commission shall be designated by the Governor.

(c) Members of the Commission shall serve without compensation.

(d) The Department shall assist the Commission and provide administrative support to the Commission, including, but not limited to: (i) providing an Ethics Officer to the Commission; (ii) responding to Freedom of Information Act requests on behalf of the Commission; and (iii) assisting the Commission in complying with State ethics laws.

Section 25. Meetings. The Commission shall hold its first meeting in January 2021, and meet at least quarterly thereafter, and annually publish a report of its findings to be issued to the Governor, the General Assembly, appropriate committees, certified Program organizations, and the public through the support of the Department. The Commission and its meetings are subject to the requirements of the Open Meetings Act.

Section 30. Rules. The Commission may adopt all rules, policies, and procedures necessary to carry out its duties and functions under this Act.

Section 999. Effective date. This Act takes effect upon becoming law.