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Public Act 100-0801
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| SB3106 Enrolled | LRB100 20664 RJF 36115 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Attorney General Act is amended by adding |
Section 9 as follows:
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(15 ILCS 205/9 new) |
Sec. 9. Contract aspirational goals. The Attorney General |
shall establish aspirational goals for contract awards for all |
contracts for goods and services, not including contracts for |
services relating to investigations or litigation. These |
aspirational goals shall be substantially in accordance with |
the Business Enterprise for Minorities, Women, and Persons with |
Disabilities Act, unless otherwise governed by other law. The |
Attorney General shall not be subject to the jurisdiction of |
the Business Enterprise Council established under the Business |
Enterprise for Minorities, Women, and Persons with |
Disabilities Act with regard to steps taken to achieve |
aspirational goals. The Attorney General shall annually post |
information regarding the Office's utilization of businesses |
owned by minorities, women, and persons with disabilities |
during the preceding fiscal year on the Office's Internet |
websites.
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Section 10. The Secretary of State Act is amended by adding |
Section 19 as follows:
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(15 ILCS 305/19 new) |
Sec. 19. Contract aspirational goals. The Secretary of |
State shall establish aspirational goals for contract awards |
substantially in accordance with the Business Enterprise for |
Minorities, Women, and Persons with Disabilities Act, unless |
otherwise governed by other law. The Secretary of State shall |
not be subject to the jurisdiction of the Business Enterprise |
Council established under the Business Enterprise for |
Minorities, Women, and Persons with Disabilities Act with |
regard to steps taken to achieve aspirational goals. The |
Secretary of State shall annually post the Office's utilization |
of businesses owned by minorities, women, and persons with |
disabilities during the preceding fiscal year on the Office's |
Internet websites.
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Section 15. The State Comptroller Act is amended by |
changing Section 23.9, and by adding Section 23.10 as follows:
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(15 ILCS 405/23.9) |
Sec. 23.9. Minority Contractor Opportunity Initiative. The |
State Comptroller Minority Contractor Opportunity Initiative |
is created to provide greater opportunities for minority-owned |
businesses, women-owned businesses, businesses owned by |
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persons with disabilities, and small businesses with 20 or |
fewer employees in this State to participate in the State |
procurement process. The initiative shall be administered by |
the Comptroller. Under this initiative, the Comptroller is |
responsible for the following: (i) outreach to minority-owned |
businesses, women-owned businesses, businesses owned by |
persons with disabilities, and small businesses capable of |
providing services to the State; (ii) education of |
minority-owned businesses, women-owned businesses, businesses |
owned by persons with disabilities, and small businesses |
concerning State contracting and procurement; (iii) |
notification of minority-owned businesses, women-owned |
businesses, businesses owned by persons with disabilities, and |
small businesses of State contracting opportunities; and (iv) |
maintenance of an online database of State contracts that |
identifies the contracts awarded to minority-owned businesses, |
women-owned businesses, businesses owned by persons with |
disabilities, and small businesses that includes the total |
amount paid by State agencies to contractors and the percentage |
paid to minority-owned businesses, women-owned businesses, |
businesses owned by persons with disabilities, and small |
businesses. |
The Comptroller shall work with the Business Enterprise |
Council created under Section 5 of the Business Enterprise for |
Minorities, Women, and Persons with Disabilities Act shall |
provide the Comptroller with names, Federal Employer |
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Identification Numbers, and designations of Business |
Enterprise Program certified vendors to fulfill the |
Comptroller's responsibilities under this Section, including, |
but not limited to, . The Comptroller may rely on the Business |
Enterprise Council's identification of minority-owned |
businesses, women-owned businesses, and businesses owned by |
persons with disabilities. |
The Comptroller shall annually prepare and submit a report |
to the Governor and the General Assembly concerning the |
progress of this initiative including the following |
information for the preceding fiscal calendar year: (i) a |
statement of the total amounts paid by each executive branch |
agency to contractors since the previous report; (ii) the |
percentage of the amounts that were paid to minority-owned |
businesses, women-owned businesses, businesses owned by |
persons with disabilities, and small businesses; (iii) the |
successes achieved and the challenges faced by the Comptroller |
in operating outreach programs for minorities, women, persons |
with disabilities, and small businesses; (iv) the challenges |
each executive branch agency may face in hiring qualified |
minority, woman, and small business employees and employees |
with disabilities and contracting with qualified |
minority-owned businesses, women-owned businesses, businesses |
owned by persons with disabilities, and small businesses; and |
(v) (iv) any other information, findings, conclusions, and |
recommendations for legislative or agency action, as the |
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Comptroller deems appropriate. |
On and after the effective date of this amendatory Act of |
the 97th General Assembly, any bidder or offeror awarded a |
contract of $1,000 or more under Section 20-10, 20-15, 20-25, |
or 20-30 of the Illinois Procurement Code is required to pay a |
fee of $15 to cover expenses related to the administration of |
this Section. The Comptroller shall deduct the fee from the |
first check issued to the vendor under the contract and deposit |
the fee into the Comptroller's Administrative Fund. Contracts |
administered for statewide orders placed by agencies (commonly |
referred to as "statewide master contracts") are exempt from |
this fee.
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Each Chief Procurement Officer shall provide the |
Comptroller with names and Federal Employer Identification |
Numbers of vendors registered in the Illinois Small Business |
Set Aside Program to aid the Comptroller in fulfilling his or |
her responsibilities under this Section. |
(Source: P.A. 99-143, eff. 7-27-15; 100-391, eff. 8-25-17.)
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(15 ILCS 405/23.10 new) |
Sec. 23.10. Contract aspirational goals. The Comptroller |
shall establish aspirational goals for contract awards |
substantially in accordance with the Business Enterprise for |
Minorities, Women, and Persons with Disabilities Act, unless |
otherwise governed by other law. The Comptroller shall not be |
subject to the jurisdiction of the Business Enterprise Council |
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established under the Business Enterprise for Minorities, |
Women, and Persons with Disabilities Act with regard to steps |
taken to achieve aspirational goals. The Comptroller shall |
annually post the Office's utilization of businesses owned by |
minorities, women, and persons with disabilities during the |
preceding fiscal year on the Office's Internet websites.
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Section 20. The Illinois State Auditing Act is amended by |
adding Section 2-16 as follows:
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(30 ILCS 5/2-16 new) |
Sec. 2-16. Contract aspirational goals. The Auditor |
General shall establish aspirational goals for contract awards |
substantially in accordance the Business Enterprise for |
Minorities, Women, and Persons with Disabilities Act, unless |
otherwise governed by other law. The Auditor General shall not |
be subject to the jurisdiction of the Business Enterprise |
Council established under the Business Enterprise for |
Minorities, Women, and Persons with Disabilities Act with |
regard to steps taken to achieve aspirational goals. The |
Auditor General shall annually post the Office's utilization of |
businesses owned by minorities, women, and persons with |
disabilities during the preceding fiscal year on the Office's |
Internet websites.
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Section 25. The Business Enterprise for Minorities, Women, |
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and Persons with
Disabilities Act is amended by changing |
Section 5 as follows:
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(30 ILCS 575/5) (from Ch. 127, par. 132.605)
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(Section scheduled to be repealed on June 30, 2020)
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Sec. 5. Business Enterprise Council.
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(1) To help implement, monitor and enforce the goals of |
this Act, there
is created the Business Enterprise Council for
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Minorities, Women, and Persons with Disabilities, hereinafter
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referred to as the Council, composed of the Secretary of Human |
Services and
the Directors of the Department of
Human Rights, |
the Department of Commerce and Economic Opportunity, the
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Department of Central Management Services, the Department of |
Transportation and
the
Capital Development Board, or their duly |
appointed representatives, with the Comptroller, or his or her |
designee, serving as an advisory member of the Council. Ten
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individuals representing businesses that are minority-owned or |
women-owned or
owned by persons with disabilities, 2 |
individuals representing the business
community, and a |
representative of public institutions of higher education |
shall be appointed by the Governor. These members shall serve 2
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year terms and shall be eligible for reappointment. Any vacancy |
occurring on
the Council shall also be filled by the Governor. |
Any member appointed to fill
a vacancy occurring prior to the |
expiration of the term for which his
predecessor was appointed |
shall be appointed for the remainder of such term.
Members of |
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the Council shall serve without compensation but shall be |
reimbursed
for any ordinary and necessary expenses incurred in |
the performance of their
duties.
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The Director of the Department of Central Management |
Services shall serve
as the Council chairperson and shall |
select, subject to approval of the
council, a Secretary |
responsible for the operation of the program who shall
serve as |
the Division Manager of the Business
Enterprise for Minorities, |
Women, and Persons with Disabilities Division
of the Department |
of Central Management Services.
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The Director of each State agency and the chief executive |
officer of
each public institutions of higher education shall |
appoint a liaison to the Council. The liaison
shall be |
responsible for submitting to the Council any reports and
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documents necessary under this Act.
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(2) The Council's authority and responsibility shall be to:
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(a) Devise a certification procedure to assure that |
businesses taking
advantage of this Act are legitimately |
classified as businesses owned by minorities, women, or |
persons with
disabilities.
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(b) Maintain a list of all
businesses legitimately |
classified as businesses owned by minorities, women, or |
persons with disabilities to provide to State agencies and |
public institutions of higher education.
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(c) Review rules and regulations for the |
implementation of the program for businesses owned by |
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minorities, women,
and persons with disabilities.
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(d) Review compliance plans submitted by each State |
agency and public institutions of higher education
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pursuant to this Act.
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(e) Make annual reports as provided in Section 8f to |
the Governor and
the General Assembly on the
status of the |
program.
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(f) Serve as a central clearinghouse for information on |
State
contracts, including the maintenance of a list of all |
pending State
contracts upon which businesses owned by |
minorities, women, and persons with disabilities may bid.
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At the Council's discretion, maintenance of the list may |
include 24-hour
electronic access to the list along with |
the bid and application information.
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(g) Establish a toll free telephone number to |
facilitate information
requests concerning the |
certification process and pending contracts.
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(3) No premium bond rate of a surety company for a bond |
required of a business owned by a minority, woman, or person
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with a disability bidding for a State contract shall be
higher |
than the lowest rate charged by that surety company for a |
similar
bond in the same classification of work that would be |
written for a business not owned by a minority, woman, or |
person with a disability.
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(4) Any Council member who has direct financial or personal |
interest in
any measure pending before the Council shall |
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disclose this fact to the
Council and refrain from |
participating in the determination upon such measure.
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(5) The Secretary shall have the following duties and |
responsibilities:
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(a) To be responsible for the day-to-day operation of |
the Council.
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(b) To serve as a coordinator for all of the State's |
programs for businesses owned by minorities, women,
and |
persons with disabilities and as the information and |
referral center
for all State initiatives for businesses
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owned by minorities, women, and persons with disabilities.
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(c) To establish an enforcement procedure whereby the |
Council may
recommend to the appropriate State legal |
officer that the State exercise
its legal remedies which |
shall include (1) termination of the contract
involved, (2) |
prohibition of participation by the respondent in public
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contracts for a period not to exceed 3 years, (3) |
imposition of a penalty
not to exceed any profit acquired |
as a result of violation, or (4) any
combination thereof. |
Such procedures shall require prior approval by Council.
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(d) To devise appropriate policies, regulations and |
procedures for
including participation by businesses owned
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by minorities, women, and persons with disabilities as |
prime contractors
including, but not limited to, (i) |
encouraging the inclusions of qualified businesses owned |
by minorities, women, and
persons with disabilities on |
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solicitation lists, (ii)
investigating the potential of |
blanket bonding programs for small
construction jobs, |
(iii) investigating and making recommendations
concerning |
the use of the sheltered market process.
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(e) To devise procedures for the waiver of the |
participation goals in
appropriate circumstances.
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(f) To accept donations and, with the approval of the |
Council or the
Director of Central Management Services, |
grants related to the purposes of
this Act; to conduct |
seminars related to the purpose of this Act and to
charge |
reasonable registration fees; and to sell directories, |
vendor lists
and other such information to interested |
parties, except that forms
necessary to become eligible for |
the program shall be provided free of
charge to a business |
or individual applying for the program.
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(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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