Bill Text: IL HB2393 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. Provides that all State agencies shall increase their award of State contracts to minority owned businesses by 15%.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB2393 Detail]

Download: Illinois-2017-HB2393-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2393

Introduced , by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:
30 ILCS 575/4 from Ch. 127, par. 132.604

Amends the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. Provides that all State agencies shall increase their award of State contracts to minority owned businesses by 15%.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning finance.
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 Section 4 as follows:
7 (30 ILCS 575/4) (from Ch. 127, par. 132.604)
8 (Section scheduled to be repealed on June 30, 2020)
9 Sec. 4. Award of State contracts.
10 (a) Except as provided in subsections (b), and (c), and
11(f), not less than 20% of the total dollar amount of State
12contracts, as defined by the Secretary of the Council and
13approved by the Council, shall be established as an
14aspirational goal to be awarded to businesses owned by
15minorities, females, and persons with disabilities; provided,
16however, that of the total amount of all State contracts
17awarded to businesses owned by minorities, females, and persons
18with disabilities pursuant to this Section, contracts
19representing at least 11% shall be awarded to businesses owned
20by minorities, contracts representing at least 7% shall be
21awarded to female-owned businesses, and contracts representing
22at least 2% shall be awarded to businesses owned by persons
23with disabilities.

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

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1referred to as "the contracts") to minority-owned businesses or
2businesses owned by a person with a disability and 5% of the
3annual dollar value the contracts to female-owned businesses.
4For purposes of this subsection, the term "games" has the
5meaning set forth in the Olympic Games and Paralympic Games
6(2016) Law.
7 (d) Within one year after April 28, 2009 (the effective
8date of Public Act 96-8), the Department of Central Management
9Services shall conduct a social scientific study that measures
10the impact of discrimination on minority and female business
11development in Illinois. Within 18 months after April 28, 2009
12(the effective date of Public Act 96-8), the Department shall
13issue a report of its findings and any recommendations on
14whether to adjust the goals for minority and female
15participation established in this Act. Copies of this report
16and the social scientific study shall be filed with the
17Governor and the General Assembly.
18 (e) Except as permitted under this Act or as otherwise
19mandated by federal law or regulation, those who submit bids or
20proposals for State construction contracts subject to the
21provisions of this Act, whose bids or proposals are successful
22but that fail to meet the goals set forth in subsection (b) of
23this Section, shall be notified of that deficiency and shall be
24afforded a period not to exceed 10 days to cure that deficiency
25in the bid or proposal. The deficiency in the bid or proposal
26may only be cured by contracting with additional subcontractors

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1who are owned by minorities or females, but in no case shall an
2identified subcontractor with a certification made pursuant to
3this Act be terminated from the contract without the written
4consent of the State agency or public institution of higher
5education entering into the contract.
6 (f) Notwithstanding the provisions of this Section, after
7the effective date of this amendatory Act of the 100th General
8Assembly, all State agencies shall increase their award of
9State contracts to minority owned businesses by 15%.
10(Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16.)
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