HB4094 102ND GENERAL ASSEMBLY

LRB102 18645 RJF 27018 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4094

Introduced 5/26/2021, by Rep. William Davis

SYNOPSIS AS INTRODUCED:

20 ILCS 405/405-545 new

Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that all projects put out for competitive bid by municipalities with a population greater than 60,000 that are funded wholly or in part by State funds shall be considered State projects for purposes of the Business Enterprise Program Act or the Disadvantaged Business Enterprise program. Provides that affected municipalities shall be required to list the existing aspirational goals in all contract proposals and shall require all prime contractors to submit a utilization plan with their bid. Provides that all entities eligible to work as part of either the State's Business Enterprise Program or Disadvantaged Business Enterprise Program on State contracts as a disadvantaged-owned, minority-owned, woman-owned, or veteran-owned business shall be eligible to participate as part of satisfying the aspirational goals for the municipal projects. Provides that nothing shall require a municipality to undertake specified actions related to aspirational goals and utilization plans. Provides that any municipality subject to the requirements must publish on its website all submitted utilization plans from the winning bidder and maintain those utilization plans for at least 5 years. Makes other changes.

FISCAL NOTE ACT MAY APPLY

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. This Act may be referred to as the Existing Aspirational Goals on State-Funded Projects by Large Municipalities Act.

Section 5. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by adding Section 405-545 as follows:

(20 ILCS 405/405-545 new)

Sec. 405-545. Municipal aspirational goals on State-funded projects.

(a) All projects put out for competitive bid by municipalities with a population greater than 60,000 that are funded wholly or in part by State funds shall be considered State projects for purposes of the Business Enterprise Program Act or, if a transportation project, a State project of the Department of Transportation for purposes of the Disadvantaged Business Enterprise program.

(b) All existing State aspirational goals for projects as justified by existing disparity studies shall apply to projects under this Section.

(c) Affected municipalities shall be required to list the existing aspirational goals in all contract proposals and shall require all prime contractors to submit a utilization plan with their bid. The municipality may select which State agency's utilization plan is most appropriate for each contract.

(d) All entities eligible to work as part of either the State's Business Enterprise Program or Disadvantaged Business Enterprise Program on State contracts as a disadvantaged-owned, minority-owned, woman-owned, or veteran-owned business shall be eligible to participate as part of satisfying the aspirational goals for the municipal projects.

(e) Nothing in the Section shall require a municipality to conduct a disparity study, certify businesses as eligible to participate in the program, grant waivers, determine whether the utilization plan reflects a good faith effort to comply with this provision, or otherwise put a prime contractor at a bidding disadvantage based on the contents of the utilization plan.

(f) Any municipality subject to the requirements of this Section must publish on its website all submitted utilization plans from the winning bidder and maintain those utilization plans for at least 5 years.