Illinois General Assembly - Full Text of HB3748
Illinois General Assembly

Previous General Assemblies

Full Text of HB3748  99th General Assembly




HB3748 EnrolledLRB099 07602 KTG 27732 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Business Enterprise for Minorities,
5Females, and Persons with Disabilities Act is amended by
6changing Sections 4 and 9 as follows:
7    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
8    (Section scheduled to be repealed on June 30, 2016)
9    Sec. 4. Award of State contracts.
10    (a) Except as provided in subsections (b) and (c), not less
11than 20% of the total dollar amount of State contracts, as
12defined by the Secretary of the Council and approved by the
13Council, shall be established as an aspirational goal to be
14awarded to businesses owned by minorities, females, and persons
15with disabilities; provided, however, that of the total amount
16of all State contracts awarded to businesses owned by
17minorities, females, and persons with disabilities pursuant to
18this Section, contracts representing at least 11% shall be
19awarded to businesses owned by minorities, contracts
20representing at least 7% shall be awarded to female-owned
21businesses, and contracts representing at least 2% shall be
22awarded to businesses owned by persons with disabilities.
23    The above percentage relates to the total dollar amount of



HB3748 Enrolled- 2 -LRB099 07602 KTG 27732 b

1State contracts during each State fiscal year, calculated by
2examining independently each type of contract for each agency
3or public institutions of higher education which lets such
4contracts. Only that percentage of arrangements which
5represents the participation of businesses owned by
6minorities, females, and persons with disabilities on such
7contracts shall be included.
8    (b) In the case of State construction contracts, the
9provisions of subsection (a) requiring a portion of State
10contracts to be awarded to businesses owned and controlled by
11persons with disabilities do not apply. The following
12aspirational goals are established for State construction
13contracts: not less than 20% of the total dollar amount of
14State construction contracts is established as a goal to be
15awarded to minority and female owned businesses, and contracts
16representing 50% of the amount of all State construction
17contracts awarded to minority and female owned businesses shall
18be awarded to female owned businesses.
19    (c) In the case of all work undertaken by the University of
20Illinois related to the planning, organization, and staging of
21the games, the University of Illinois shall establish a goal of
22awarding not less than 25% of the annual dollar value of all
23contracts, purchase orders, and other agreements (collectively
24referred to as "the contracts") to minority-owned businesses or
25businesses owned by a person with a disability and 5% of the
26annual dollar value the contracts to female-owned businesses.



HB3748 Enrolled- 3 -LRB099 07602 KTG 27732 b

1For purposes of this subsection, the term "games" has the
2meaning set forth in the Olympic Games and Paralympic Games
3(2016) Law.
4    (d) Within one year after April 28, 2009 (the effective
5date of Public Act 96-8), the Department of Central Management
6Services shall conduct a social scientific study that measures
7the impact of discrimination on minority and female business
8development in Illinois. Within 18 months after April 28, 2009
9(the effective date of Public Act 96-8), the Department shall
10issue a report of its findings and any recommendations on
11whether to adjust the goals for minority and female
12participation established in this Act. Copies of this report
13and the social scientific study shall be filed with the
14Governor and the General Assembly.
15    (e) Except as permitted under this Act or Notwithstanding
16any provision of law to the contrary and except as otherwise
17mandated by federal law or regulation, those who submit bids or
18proposals for State construction contracts subject to the
19provisions of this Act, whose bids or proposals are successful
20but that fail to meet the goals set forth in subsection (b) of
21this Section, shall be notified of that deficiency and shall be
22afforded a period not to exceed 10 days to cure that deficiency
23in the bid or proposal. The deficiency in the bid or proposal
24may only be cured by contracting with additional subcontractors
25who are owned by minorities or females, but in no case shall an
26identified subcontractor with a certification made pursuant to



HB3748 Enrolled- 4 -LRB099 07602 KTG 27732 b

1this Act be terminated from the contract without the written
2consent of the State agency or public institution of higher
3education entering into the contract.
4(Source: P.A. 99-462, eff. 8-25-15.)
5    (30 ILCS 575/9)  (from Ch. 127, par. 132.609)
6    (Section scheduled to be repealed on June 30, 2016)
7    Sec. 9. This Act is repealed June 30, 2020 2016.
8(Source: P.A. 96-949, eff. 6-25-10; 96-1444, eff. 8-20-10;
997-712, eff. 6-27-12.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.