Illinois General Assembly - Full Text of SB2363
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Full Text of SB2363  100th General Assembly


Sen. James F. Clayborne, Jr.

Filed: 4/20/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2363 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Procurement Code is amended by
5adding Section 45-95 as follows:
6    (30 ILCS 500/45-95 new)
7    Sec. 45-95. Preferences for veterans, minorities, women,
8and persons with disabilities.
9    (a) As used in this Section:
10        (1) the terms "minority person", "woman", "person with
11    a disability", "minority-owned business", "women-owned
12    business", "business owned by a person with a disability",
13    and "control" have the meanings provided in Section 1 of
14    the Business Enterprise for Minorities, Women, and Persons
15    with Disabilities Act; and
16        (2) "State agency" or "State agencies" means all



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1    officers, boards, commissions, and agencies created by the
2    Constitution, whether in the executive, legislative, or
3    judicial branch, but other than the circuit court; all
4    officers, departments, boards, commissions, agencies,
5    institutions, authorities, universities, community
6    colleges, bodies politic and corporate of the State; and
7    administrative units or corporate outgrowths of the State
8    government which are created by or pursuant to statute,
9    other than units of local government and their officers,
10    school districts and boards of election commissioners; all
11    administrative units and corporate outgrowths of the above
12    and as may be created by executive order of the Governor.
13    (b) It is hereby declared to be the policy of the State of
14Illinois to promote and encourage the use of businesses owned
15by or under the control of qualified veterans of the armed
16forces of the United States, qualified service-disabled
17veterans, minority persons, women, or persons with a disability
18in the area of goods and services. Furthermore, the State
19agencies shall utilize such businesses to the greatest extent
20feasible within the bounds of financial and fiduciary prudence,
21and take affirmative steps to remove any barriers to the full
22participation of such firms in the procurement and contracting
23opportunities afforded.
24    (c) It shall be an aspirational goal of the State of
25Illinois to use businesses owned by or under the control of
26qualified veterans of the armed forces of the United States,



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1qualified service-disabled veterans, minority persons, women,
2or persons with a disability for not less than 25% of the total
3dollar amount of funds under management, purchases of
4investment securities, and other contracts, including, but not
5limited to, the use of broker-dealers. The State agencies are
6authorized to establish additional aspirational goals.
7    (d) Notwithstanding any provision to the contrary, when any
8State agency procures goods and services, whether through a
9request for proposal or otherwise, that State agency is
10authorized to incorporate preferences in the scoring process of
11up to 25 points for: (1) a minority-owned business, a
12women-owned business, a business owned by a person with a
13disability, a qualified veteran-owned small business, or a
14qualified service-disabled veteran-owned small business; and
15(2) businesses having a record of support for increasing
16diversity and inclusion in board membership, management,
17employment, philanthropy, and supplier diversity, including
18goods and services and all professional services. Each State
19agency is authorized to adopt rules regarding the assignment of
20points under this subsection (d).
21    When a State agency utilizes a financial institution or
22determines the eligibility of a financial institution to
23participate in a banking contract, investment contract,
24investment activity, or other financial program, that State
25agency shall review the financial institution's Community
26Reinvestment Act rating, record, and current level of financial



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1commitment to the community prior to making a decision to
2utilize or determine the eligibility of such financial
4    (e) Beginning with fiscal year 2019, and at least annually
5thereafter, each State agency shall report on its utilization
6of minority-owned businesses, women-owned businesses,
7businesses owned by a person with a disability, qualified
8veteran-owned small businesses, or qualified service-disabled
9veteran-owned small businesses. The report shall be published
10on the website reporting State agency.
11    (f) The provisions of this Section take precedence over any
12goals established under the Business Enterprise for
13Minorities, Women, and Persons with Disabilities Act.
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".