Bill Text: IL HB4360 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Commission on Equity and Inclusion Act. Makes technical changes in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB4360 Detail]

Download: Illinois-2023-HB4360-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4360 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
See Index
Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Repeals provisions relating to the higher education supplier diversity report and race and gender wage reports and moves those provisions, with changes, to the Commission on Equity and Inclusion Act. Amends the Energy Transition Act. Provides that the Commission on Equity and Inclusion certifies or recognizes certification for Minority Business Enterprise certification (rather than the Department of Central Management Services) or a program with equivalent requirements. Provides that the Clean Energy Primes Contractor Accelerator Program shall provide participants with opportunities to be listed in any relevant directories and databases organized by the Commission on Equity and Inclusion (rather than organized by the Department of Central Management Services). Amends the Blind Vendors Act. Provides that it is the intent of this Act that all State agencies, particularly the Commission on Equity and Inclusion (rather than the Department of Central Management Services), promote and advocate for the Business Enterprise Program for the Blind. Amends the Illinois Procurement Code. Provides that the Business Enterprise Program is a program of the Commission on Equity and Inclusion (rather than the Department of Central Management Services). Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Removes provisions relating to a study and report that measured the impact of discrimination on minority and women business development in Illinois that was to be completed by October 28, 2010. Provides that the Commission on Equity and Inclusion (rather than the Department of Central Management Services) shall conduct a new social scientific study that measures the impact of discrimination on minority and women business development in Illinois, shall issue a report, and shall establish a specified model between 2028 and 2029. Changes various references to the Department of Central Management Services to the Commission on Equity and Inclusion. Extends the date on which the Act will be repealed from June 30, 2029 to June 30, 2030. Effective immediately.
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A BILL FOR
HB4360 LRB103 35889 AWJ 65974 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
(20 ILCS 405/405-530 rep.)
(20 ILCS 405/405-535 rep.)
Section 5. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
repealing Sections 405-530 and 405-535.
Section 10. The Energy Transition Act is amended by
changing Section 5-55 as follows:
(20 ILCS 730/5-55)
(Section scheduled to be repealed on September 15, 2045)
Sec. 5-55. Clean Energy Primes Contractor Accelerator
Program.
(a) As used in this Section:
"Approved vendor" means the definition of that term used
and as may be updated by the Illinois Power Agency.
"Minority business" means a minority-owned business as
defined in Section 2 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act.
"Minority Business Enterprise certification" means the
certification or recognition certification affidavit from the

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Commission on Equity and Inclusion's State of Illinois
Department of Central Management Services Business Enterprise
Program or a program with equivalent requirements.
"Program" means the Clean Energy Primes Contractor
Accelerator Program.
"Returning resident" has the meaning given to that term in
Section 5-50 of this Act.
(b) Subject to appropriation, the Department shall
develop, and through a Primes Program Administrator and
Regional Primes Program Leads described in this Section,
administer the Clean Energy Primes Contractor Accelerator
Program. The Program shall be administered in 3 program
delivery areas: the Northern Illinois Program Delivery Area
covering Northern Illinois, the Central Illinois Program
Delivery Area covering Central Illinois, and the Southern
Illinois Program Delivery Area covering Southern Illinois.
Prior to developing the Program, the Department shall solicit
public comments, with a 30-day comment period, to gather input
on Program implementation and associated community outreach
options.
(c) The Program shall be available to selected contractors
who best meet the following criteria:
(1) 2 or more years of experience in a clean energy or
a related contracting field;
(2) at least $5,000 in annual business; and
(3) a substantial and demonstrated commitment of

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investing in and partnering with individuals and
institutions in equity investment eligible communities.
(c-5) The Department shall develop scoring criteria to
select contractors for the Program, which shall consider:
(1) projected hiring and industry job creation,
including wage and benefit expectations;
(2) a clear vision of strategic business growth and
how increased capitalization would benefit the business;
(3) past project work quality and demonstration of
technical knowledge;
(4) capacity the applicant is anticipated to bring to
project development;
(5) willingness to assume risk;
(6) anticipated revenues from future projects;
(7) history of commitment to advancing equity as
demonstrated by, among other things, employment of or
ownership by equity investment eligible persons and a
history of partnership with equity focused community
organizations or government programs; and
(8) business models that build wealth in the larger
underserved community.
Applicants for Program participation shall be allowed to
reapply for a future cohort if they are not selected, and the
Primes Program Administrator shall inform each applicant of
this option.
(d) The Department, in consultation with the Primes

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Program Administrator and Regional Primes Program Leads, shall
select a new cohort of participant contractors from each
Program Delivery Area every 18 months. Each regional cohort
shall include between 3 and 5 participants. The Program shall
cap contractors in the energy efficiency sector at 50% of
available cohort spots and 50% of available grants and loans,
if possible.
(e) The Department shall hire a Primes Program
Administrator with experience in leading a large
contractor-based business in Illinois; coaching and mentoring;
the Illinois clean energy industry; and working with equity
investment eligible community members, organizations, and
businesses.
(f) The Department shall select 3 Regional Primes Program
Leads who shall report directly to the Primes Program
Administrator. The Regional Primes Program Leads shall be
located within their Program Delivery Area and have experience
in leading a large contractor-based business in Illinois;
coaching and mentoring; the Illinois clean energy industry;
developing relationships with companies in the Program
Delivery Area; and working with equity investment eligible
community members, organizations, and businesses.
(g) The Department may determine how Program elements will
be delivered or may contract with organizations with
experience delivering the Program elements described in
subsection (h) of this Section.

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(h) The Clean Energy Primes Contractor Accelerator Program
shall provide participants with:
(1) a 5-year, 6-month progressive course of one-on-one
coaching to assist each participant in developing an
achievable 5-year business plan, including review of
monthly metrics, and advice on achieving participant's
goals;
(2) operational support grants not to exceed
$1,000,000 annually to support the growth of participant
contractors with access to capital for upfront project
costs and pre-development funding, among others. The
amount of the grant shall be based on anticipated project
size and scope;
(3) business coaching based on the participant's
needs;
(4) a mentorship of approximately 2 years provided by
a qualified company in the participant's field;
(5) access to Clean Energy Contractor Incubator
Program services;
(6) assistance with applying for Minority Business
Enterprise certification and other relevant certifications
and approved vendor status for programs offered by
utilities or other entities;
(7) assistance with preparing bids and Request for
Proposal applications;
(8) opportunities to be listed in any relevant

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directories and databases organized by the Commission on
Equity and Inclusion Department of Central Management
Services;
(9) opportunities to connect with participants in
other Department programs;
(10) assistance connecting with and initiating
participation in the Illinois Power Agency's Adjustable
Block program, the Illinois Solar for All Program, and
utility programs; and
(11) financial development assistance programs such as
zero-interest and low-interest loans with the Climate Bank
as established by Article 850 of the Illinois Finance
Authority Act or a comparable financing mechanism. The
Illinois Finance Authority shall retain authority to
determine loan repayment terms and conditions.
(i) The Primes Program Administrator shall:
(1) collect and report performance metrics as
described in this Section;
(2) review and assess:
(i) participant work plans and annual goals; and
(ii) the mentorship program, including approved
mentor companies and their stipend awards; and
(3) work with the Regional Primes Program Leads to
publicize the Program; design and implement a mentorship
program; and ensure participants are quickly on-boarded.
(j) The Regional Primes Program Leads shall:

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(1) publicize the Program; the budget shall include
funds to pay community-based organizations with a track
record of working with equity investment eligible
communities to complete this work;
(2) recruit qualified Program applicants;
(3) assist Program applicants with the application
process;
(4) introduce participants to the Program offerings;
(5) conduct entry and annual assessments with
participants to identify training, coaching, and other
Program service needs;
(6) assist participants in developing goals on entry
and annually, and assessing progress toward meeting the
goals;
(7) establish a metric reporting system with each
participant and track the metrics for progress against the
contractor's work plan and Program goals;
(8) assist participants in receiving their Minority
Business Enterprise certification and any other relevant
certifications and approved vendor statuses;
(9) match participants with Clean Energy Contractor
Incubator Program offerings and individualized expert
coaching, including training on working with returning
residents and companies that employ them;
(10) pair participants with a mentor company;
(11) facilitate connections between participants and

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potential subcontractors and employees;
(12) dispense a participant's awarded operational
grant funding;
(13) connect participants to zero-interest and
low-interest loans from the Climate Bank as established by
Article 850 of the Illinois Finance Authority Act or a
comparable financing mechanism;
(14) encourage participants to apply for appropriate
State and private business opportunities;
(15) review a participant's progress and make a
recommendation to the Department about whether the
participant should continue in the Program, be considered
a Program graduate, and whether adjustments should be made
to a participant's grant funding, loans, and related
services;
(16) solicit information from participants, which
participants shall be required to provide, necessary to
understand the participant's business, including financial
and income information, certifications that the
participant is seeking to obtain, and ownership, employee,
and subcontractor data, including compensation, length of
service, and demographics; and
(17) other duties as required.
(k) Performance metrics. The Primes Program Administrator
and Regional Primes Program Leads shall collaborate to collect
and report the following metrics quarterly to the Department

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and Advisory Council:
(1) demographic information on cohort recruiting and
formation, including racial, gender, geographic
distribution data, and data on the number and percentage
of R3 residents, environmental justice community
residents, foster care alumni, and formerly convicted
persons who are cohort applicants and admitted
participants;
(2) participant contractor engagement in other
Illinois clean energy programs such as the Adjustable
Block program, Illinois Solar for All Program, and the
utility-run energy efficiency and electric vehicle
programs;
(3) retention of participants in each cohort;
(4) total projects bid, started, and completed by
participants, including information about revenue, hiring,
and subcontractor relationships with projects;
(5) certifications issued;
(6) employment data for contractor hires and industry
jobs created, including demographic, salary, length of
service, and geographic data;
(7) grants and loans distributed; and
(8) participant satisfaction with the Program.
The metrics in paragraphs (2), (4), and (6) shall be
collected from Program participants and graduates for 10 years
from their entrance into the Program to help the Department

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and Program Administrators understand the Program's long-term
effect.
Data should be anonymized where needed to protect
participant privacy.
The Department shall make such reports publicly available
on its website.
(l) Mentorship Program.
(1) The Regional Primes Program Leads shall recruit,
and the Primes Program Administrator shall select, with
approval from the Department, private companies with the
following qualifications to mentor participants and assist
them in succeeding in the clean energy industry:
(i) excellent standing with state clean energy
programs;
(ii) 4 or more years of experience in their field;
and
(iii) a proven track record of success in their
field.
(2) Mentor companies may receive a stipend, determined
by the Department, for their participation. Mentor
companies may identify what level of stipend they require.
(3) The Primes Program Administrator shall develop
guidelines for mentor company-mentee profit sharing or
purchased services agreements.
(4) The Regional Primes Program Leads shall:
(i) collaborate with mentor companies and

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participants to create a plan for ongoing contact such
as on-the-job training, site walkthroughs, business
process and structure walkthroughs, quality assurance
and quality control reviews, and other relevant
activities;
(ii) recommend the mentor company-mentee pairings
and associated mentor company stipends for approval;
(iii) conduct an annual review of each mentor
company-mentee pairing and recommend whether the
pairing continues for a second year and the level of
stipend that is appropriate. The review shall also
ensure that any profit sharing and purchased services
agreements adhere to the guidelines established by the
Primes Program Administrator.
(5) Contractors may request reassignment to a new
mentor company.
(m) Disparity study. The Program Administrator shall
cooperate with the Illinois Power Agency in the conduct of a
disparity study, as described in subsection (c-15) of Section
1-75 of the Illinois Power Agency Act, and in the effectuation
of appropriate remedies necessary to address any
discrimination that such study may find. Potential remedies
shall include, but not be limited to, race-conscious remedies
to rapidly eliminate discrimination faced by minority
businesses and works in the industry this Program serves,
consistent with the law. Remedies shall be developed through

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consultation with individuals, companies, and organizations
that have expertise on discrimination faced in the market and
potential legally permissible remedies for addressing it.
Notwithstanding any other requirement of this Section, the
Program Administrator shall modify program participation
criteria or goals as soon as the report has been published, in
such a way as is consistent with state and federal law, to
rapidly eliminate discrimination on minority businesses and
workers in the industry this Program serves by setting
standards for Program participation. This study will be paid
for with funds from the Energy Transition Assistance Fund or
any other lawful source.
(n) Program budget.
(1) The Department may allocate up to $3,000,000
annually to the Primes Program Administrator for each of
the 3 regional budgets from the Energy Transition
Assistance Fund.
(2) The Primes Program Administrator shall work with
the Illinois Finance Authority and the Climate Bank as
established by Article 850 of the Illinois Finance
Authority Act or comparable financing institution so that
loan loss reserves may be sufficient to underwrite
$7,000,000 in low-interest loans in each of the 3 Program
delivery areas.
(3) Any grant and loan funding shall be made available
to participants in a timely fashion.

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(Source: P.A. 102-662, eff. 9-15-21.)
Section 15. The Blind Vendors Act is amended by changing
Section 10 as follows:
(20 ILCS 2421/10)
Sec. 10. Business Enterprise Program for the Blind.
(a) The Business Enterprise Program for the Blind is
created for the purposes of providing blind persons with
remunerative employment, enlarging the economic opportunities
of the blind, and stimulating the blind to greater efforts in
striving to make themselves self-supporting. In order to
achieve these goals, blind persons licensed under this Act
shall be authorized to operate vending facilities on any
property within this State as provided by this Act.
It is the intent of the General Assembly that the
Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f, and the
federal regulations for its administration set forth in Part
395 of Title 34 of the Code of Federal Regulations, shall serve
as a model for minimum standards for the operation of the
Business Enterprise Program for the Blind. The federal
Randolph-Sheppard Act provides employment opportunities for
individuals who are blind or visually impaired through the
Business Enterprise Program for the Blind. Under the
Randolph-Sheppard Act, all federal agencies are required to
give priority to licensed blind vendors in the operation of

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vending facilities on federal property. It is the intent of
this Act to provide the same priority to licensed blind
vendors on State property by requiring State agencies to give
priority to licensed blind vendors in the operation of vending
facilities on State property and preference to licensed blind
vendors in the operation of cafeteria facilities on State
property. Furthermore, it is the intent of this Act that all
State agencies, particularly the Commission on Equity and
Inclusion Department of Central Management Services, promote
and advocate for the Business Enterprise Program for the
Blind.
(b) The Secretary, through the Director, shall continue,
maintain, and promote the Business Enterprise Program for the
Blind. Some or all of the functions of the program may be
provided by the Department of Human Services. The Business
Enterprise Program for the Blind must provide that:
(1) priority is given to blind vendors in the
operation of vending facilities on State property;
(2) tie bid preference is given to blind vendors in
the operation of cafeterias on State property, unless the
cafeteria operations are operated by employees of a State
agency;
(3) vending machine income from all vending machines
on State property is assigned as provided for by Section
30 of this Act;
(4) no State agency may impose any commission, service

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charge, rent, or utility charge on a licensed blind vendor
who is operating a vending facility on State property
unless approved by the Department;
(5) the Department shall approve a commission to the
State agency from a blind vendor operating a vending
facility on the State property of the Department of
Corrections or the Department of Juvenile Justice in the
amount of 10% of the net proceeds from vending machines
servicing State employees and 25% of the net proceeds from
vending machines servicing visitors on the State property;
and
(6) vending facilities operated by the Program use
reasonable and necessary means and methods to maintain
fair market pricing in relation to each facility's given
demographic, geographic, and other circumstances.
(c) With respect to vending facilities on federal property
within this State, priority shall be given as provided in the
federal Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f,
including any amendments thereto. This Act, as it applies to
federal property, is intended to conform to the federal Act,
and is to be of no force or effect if, and to the extent that,
any provision of this Act or any rule adopted under this Act is
in conflict with the federal Act. Nothing in this subsection
shall be construed to impose limitations on the operation of
vending facilities on State property, or property other than
federal property, or to allow only those activities

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specifically enumerated in the Randolph-Sheppard Act.
(d) The Secretary shall actively pursue all commissions
from vending facilities not operated by blind vendors as
provided in Section 30 of this Act, and shall propose new
placements of vending facilities on State property where a
facility is not yet in place.
(e) Partnerships and teaming arrangements between blind
vendors and private industry, including franchise operations,
shall be fostered and encouraged by the Department.
(Source: P.A. 96-644, eff. 1-1-10.)
Section 20. The Illinois Procurement Code is amended by
changing Section 15-25 as follows:
(30 ILCS 500/15-25)
Sec. 15-25. Bulletin content.
(a) Invitations for bids. Notice of each and every
contract that is offered, including renegotiated contracts and
change orders, shall be published in the Bulletin. The
applicable chief procurement officer may provide by rule an
organized format for the publication of this information, but
in any case it must include at least the date first offered,
the date submission of offers is due, the location that offers
are to be submitted to, the purchasing State agency, the
responsible State purchasing officer, a brief purchase
description, the method of source selection, information of

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how to obtain a comprehensive purchase description and any
disclosure and contract forms, and encouragement to potential
contractors to hire qualified veterans, as defined by Section
45-67 of this Code, and qualified Illinois minorities, women,
persons with disabilities, and residents discharged from any
Illinois adult correctional center.
(a-5) All businesses listed on the Illinois Unified
Certification Program Disadvantaged Business Enterprise
Directory, the Business Enterprise Program of the Commission
on Equity and Inclusion Department of Central Management
Services, and any small business database created pursuant to
Section 45-45 of this Code shall be furnished written
instructions and information on how to register for the
Illinois Procurement Bulletin. This information shall be
provided to each business within 30 calendar days after the
business's notice of certification or qualification.
(b) Contracts let. Notice of each and every contract that
is let, including renegotiated contracts and change orders,
shall be issued electronically to those bidders submitting
responses to the solicitations, inclusive of the unsuccessful
bidders, immediately upon contract let. Failure of any chief
procurement officer to give such notice shall result in
tolling the time for filing a bid protest up to 7 calendar
days.
For purposes of this subsection (b), "contracts let" means
a construction agency's act of advertising an invitation for

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bids for one or more construction projects.
(b-5) Contracts awarded. Notice of each and every contract
that is awarded, including renegotiated contracts and change
orders, shall be issued electronically to the successful
responsible bidder, offeror, or contractor and published in
the Bulletin. The applicable chief procurement officer may
provide by rule an organized format for the publication of
this information, but in any case it must include at least all
of the information specified in subsection (a) as well as the
name of the successful responsible bidder, offeror, the
contract price, the number of unsuccessful bidders or offerors
and any other disclosure specified in any Section of this
Code. This notice must be posted in the online electronic
Bulletin prior to execution of the contract.
For purposes of this subsection (b-5), "contract award"
means the determination that a particular bidder or offeror
has been selected from among other bidders or offerors to
receive a contract, subject to the successful completion of
final negotiations. "Contract award" is evidenced by the
posting of a Notice of Award or a Notice of Intent to Award to
the respective volume of the Illinois Procurement Bulletin.
(c) Emergency purchase disclosure. Any chief procurement
officer or State purchasing officer exercising emergency
purchase authority under this Code shall publish a written
description and reasons and the total cost, if known, or an
estimate if unknown and the name of the responsible chief

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procurement officer and State purchasing officer, and the
business or person contracted with for all emergency purchases
in the Bulletin. The notice for an emergency procurement other
than the extension of an emergency contract must be posted in
the online electronic Bulletin no later than 5 calendar days
after the contract is awarded, and notice for the extension of
an emergency contract must be posted in the online electronic
Bulletin no later than 7 calendar days after the extension is
executed.
(c-5) Business Enterprise Program report. Each purchasing
agency shall, with the assistance of the applicable chief
procurement officer, post in the online electronic Bulletin a
copy of its annual report of utilization of businesses owned
by minorities, women, and persons with disabilities as
submitted to the Business Enterprise Council for Minorities,
Women, and Persons with Disabilities pursuant to Section 6(c)
of the Business Enterprise for Minorities, Women, and Persons
with Disabilities Act within 10 calendar days after its
submission of its report to the Council.
(c-10) Renewals. Notice of each contract renewal shall be
posted in the Bulletin within 14 calendar days of the
determination to execute a renewal of the contract. The notice
shall include at least all of the information required in
subsection (a) or (b), as applicable.
(c-15) Sole source procurements. Before entering into a
sole source contract, a chief procurement officer exercising

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sole source procurement authority under this Code shall
publish a written description of intent to enter into a sole
source contract along with a description of the item to be
procured and the intended sole source contractor. This notice
must be posted in the online electronic Procurement Bulletin
before a sole source contract is awarded and at least 14
calendar days before the hearing required by Section 20-25.
(d) Other required disclosure. The applicable chief
procurement officer shall provide by rule for the organized
publication of all other disclosure required in other Sections
of this Code in a timely manner.
(e) The changes to subsections (b), (c), (c-5), (c-10),
and (c-15) of this Section made by Public Act 96-795 apply to
reports submitted, offers made, and notices on contracts
executed on or after July 1, 2010 (the effective date of Public
Act 96-795). The changes made to subsection (c) by this
amendatory Act of the 102nd General Assembly apply only to
emergency contract extensions executed on or after the
effective date of this amendatory Act of the 102nd General
Assembly.
(f) Each chief procurement officer shall, in consultation
with the agencies under his or her jurisdiction, provide the
Procurement Policy Board with the information and resources
necessary, and in a manner, to effectuate the purpose of
Public Act 96-1444.
(Source: P.A. 102-1119, eff. 1-23-23.)

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Section 25. The Commission on Equity and Inclusion Act is
amended by adding Sections 40-15 and 40-20 as follows:
(30 ILCS 574/40-15 new)
Sec. 40-15. Higher education supplier diversity report.
(a) Every private institution of higher education approved
by the Illinois Student Assistance Commission for purposes of
the Monetary Award Program shall submit an annual 2-page
report in a searchable Adobe PDF format on its voluntary
supplier diversity program to the Commission on or before
November 15 of each year. The report shall set forth all of the
following:
(1) The name, address, phone number, and email address
of the point of contact for the supplier diversity
program, or the institution's procurement program if there
is no supplier diversity program, for vendors to register
with the program.
(2) Local and State certifications the institution
accepts or recognizes for minority-owned, women-owned, or
veteran-owned business status.
(3) On the second page, a narrative explaining the
results of the report and the tactics to be employed to
achieve the goals.
(4) The voluntary goals, if any, for either the fiscal
year or calendar year in each category for the entire

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budget of the institution, expending both public and
private moneys, including any fee-supported entities, and
the commodity codes or a description of particular goods
and services for the area of procurement in which the
institution expects most of those goals to focus on in the
next reporting year. The actual spending for the entire
budget of the institution, expending both public and
private moneys, including any fee-supported entities, for
minority-owned business enterprises, women-owned business
enterprises, and veteran-owned business enterprises,
expressed both in actual dollars and as a percentage of
the total budget of the institution, must be included for
each reporting year.
(b) For each report submitted under subsection (a), the
Commission shall publish the results on its website for no
less than 5 years after submission. The Commission is not
responsible for collecting the reports or for the content of
the reports.
(c) The Commission shall hold an annual higher education
supplier diversity workshop every February to discuss the
reports with representatives of the institutions of higher
education and vendors.
(d) The Commission shall prepare a one-page template, not
including the narrative section, for the voluntary supplier
diversity reports.

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(30 ILCS 574/40-20 new)
Sec. 40-20. Race and gender wage reports.
(a) Each State agency and public institution of higher
education shall annually submit to the Commission a report,
categorized by both race and gender, specifying the respective
wage earnings of employees of that State agency or public
institution of higher education.
(b) The Commission shall compile the information submitted
under this Section and make that information available to the
public on the website of the Commission.
(c) The Commission shall annually submit a report of the
information compiled under this Section to the Governor and
the General Assembly.
(d) As used in this Section:
"Public institution of higher education" has the meaning
provided in Section 1 of the Board of Higher Education Act.
"State agency" means all departments, officers,
commissions, boards, institutions, and bodies politic and
corporate of the State. "State agency" does not include the
judicial branch, including, without limitation, the courts of
the State, the office of the clerk of the Supreme Court and the
clerks of the appellate court, and the Administrative Office
of the Illinois Courts, or the legislature, its agencies, or
its committees or commissions.
Section 30. The Business Enterprise for Minorities, Women,

HB4360 - 24 - LRB103 35889 AWJ 65974 b
and Persons with Disabilities Act is amended by changing
Sections 4, 6a, 8c, 8g, 8j, and 9 as follows:
(30 ILCS 575/4) (from Ch. 127, par. 132.604)
(Section scheduled to be repealed on June 30, 2029)
Sec. 4. Award of State contracts.
(a) Except as provided in subsection (b), not less than
30% of the total dollar amount of State contracts, as defined
by the Secretary of the Council and approved by the Council,
shall be established as an aspirational goal to be awarded to
businesses owned by minorities, women, and persons with
disabilities; provided, however, that of the total amount of
all State contracts awarded to businesses owned by minorities,
women, and persons with disabilities pursuant to this Section,
contracts representing at least 16% shall be awarded to
businesses owned by minorities, contracts representing at
least 10% shall be awarded to women-owned businesses, and
contracts representing at least 4% shall be awarded to
businesses owned by persons with disabilities.
(a-5) In addition to the aspirational goals in awarding
State contracts set under subsection (a), the Commission shall
by rule further establish targeted efforts to encourage the
participation of businesses owned by minorities, women, and
persons with disabilities on State contracts. Such efforts
shall include, but not be limited to, further concerted
outreach efforts to businesses owned by minorities, women, and

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persons with disabilities.
The above percentage relates to the total dollar amount of
State contracts during each State fiscal year, calculated by
examining independently each type of contract for each agency
or public institutions of higher education which lets such
contracts. Only that percentage of arrangements which
represents the participation of businesses owned by
minorities, women, and persons with disabilities on such
contracts shall be included. State contracts subject to the
requirements of this Act shall include the requirement that
only expenditures to businesses owned by minorities, women,
and persons with disabilities that perform a commercially
useful function may be counted toward the goals set forth by
this Act. Contracts shall include a definition of
"commercially useful function" that is consistent with 49 CFR
26.55(c).
(b) Not less than 20% of the total dollar amount of State
construction contracts is established as an aspirational goal
to be awarded to businesses owned by minorities, women, and
persons with disabilities; provided that, contracts
representing at least 11% of the total dollar amount of State
construction contracts shall be awarded to businesses owned by
minorities; contracts representing at least 7% of the total
dollar amount of State construction contracts shall be awarded
to women-owned businesses; and contracts representing at least
2% of the total dollar amount of State construction contracts

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shall be awarded to businesses owned by persons with
disabilities.
(c) (Blank).
(c-5) All goals established under this Section shall be
contingent upon the results of the most recent disparity study
conducted by the State.
(d) Within one year after April 28, 2009 (the effective
date of Public Act 96-8), the Department of Central Management
Services shall conduct a social scientific study that measures
the impact of discrimination on minority and women business
development in Illinois. Within 18 months after April 28, 2009
(the effective date of Public Act 96-8), the Department shall
issue a report of its findings and any recommendations on
whether to adjust the goals for minority and women
participation established in this Act. Copies of this report
and the social scientific study shall be filed with the
Governor and the General Assembly. By December 31, 2028
December 1, 2020, the Commission on Equity and Inclusion
Department of Central Management Services shall conduct a new
social scientific study that measures the impact of
discrimination on minority and women business development in
Illinois. By June 30, 2029 June 1, 2022, the Commission
Department shall issue a report of its findings and any
recommendations on whether to adjust the goals for minority
and women participation established in this Act. Copies of
this report and the social scientific study shall be filed

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with the Governor and the General Assembly. By December 31,
2029 December 1, 2022, the Commission on Equity and Inclusion
Business Enterprise Program shall develop a model for social
scientific disparity study sourcing for local governmental
units to adapt and implement to address regional disparities
in public procurement.
(e) All State contract solicitations that include Business
Enterprise Program participation goals shall require bidders
or offerors to include utilization plans. Utilization plans
are due at the time of bid or offer submission. Failure to
complete and include a utilization plan, including
documentation demonstrating good faith efforts when requesting
a waiver, shall render the bid or offer non-responsive.
Except as permitted under this Act or as otherwise
mandated by federal regulation, a bidder or offeror whose bid
or offer is accepted and who included in that bid a completed
utilization plan but who fails to meet the goals set forth in
the plan shall be notified of the deficiency by the
contracting agency or public institution of higher education
and shall be given a period of 10 calendar days to cure the
deficiency by contracting with additional subcontractors who
are certified by the Business Enterprise Program or by
increasing the work to be performed by previously identified
vendors certified by the Business Enterprise Program.
Deficiencies that may be cured include: (i) scrivener's
errors, such as transposed numbers; (ii) information submitted

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in an incorrect form or format; (iii) mistakes resulting from
failure to follow instructions or to identify and adequately
document good faith efforts taken to comply with the
utilization plan; or (iv) a proposal to use a firm whose
Business Enterprise Program certification has lapsed or is not
yet recognized. Cure is not authorized if the bidder or
offeror submits a blank utilization plan, a utilization plan
that shows lack of reasonable effort to complete the form on
time, or a utilization plan that states the contract will be
self-performed, by a non-certified vendor, without showing
good faith efforts or a request for a waiver. All cure activity
shall address the deficiencies identified by the purchasing
agency and shall require clear documentation, including that
of good faith efforts, to address those deficiencies. Any
increase in cost to a contract for the addition of a
subcontractor to cure a bid's deficiency shall not affect the
bid price and shall not be used in the request for an exemption
under this Act, and, in no case, shall an identified
subcontractor with a Business Enterprise Program certification
made under this Act be terminated from a contract without the
written consent of the State agency or public institution of
higher education entering into the contract. The purchasing
agency or public institution of higher education shall make
the determination whether the cure is adequate.
Vendors certified with the Business Enterprise Program at
the time and date submittals are due and who do not submit a

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utilization plan or have utilization plan deficiencies shall
have 10 business days to submit a utilization plan or to
correct the utilization plan deficiencies.
(f) (Blank).
(g) (Blank).
(h) State agencies and public institutions of higher
education shall notify the Commission on Equity and Inclusion
of all non-responsive bids or proposals for State contracts.
(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
101-657, Article 1, Section 1-5, eff. 1-1-22; 101-657, Article
40, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21;
102-558, eff. 8-20-21; 102-1119, eff. 1-23-23.)
(30 ILCS 575/6a) (from Ch. 127, par. 132.606a)
(Section scheduled to be repealed on June 30, 2029)
Sec. 6a. Notice of contracts to Council. Except in case of
emergency as defined in the Illinois Procurement Code, or as
authorized by rule promulgated by the Commission on Equity and
Inclusion Department of Central Management Services, each
agency and public institution of higher education under the
jurisdiction of this Act shall notify the Secretary of the
Council of proposed contracts for professional and artistic
services and provide the information in the form and detail as
required by rule promulgated by the Commission on Equity and
Inclusion Department of Central Management Services.
Notification may be made through direct written communication

HB4360 - 30 - LRB103 35889 AWJ 65974 b
to the Secretary to be received at least 14 days before
execution of the contract (or the solicitation response date,
if applicable). The agency or public institution of higher
education must consider any vendor referred by the Secretary
before execution of the contract. The provisions of this
Section shall not apply to any State agency or public
institution of higher education that has awarded contracts for
professional and artistic services to businesses owned by
minorities, women, and persons with disabilities totaling in
the aggregate $40,000,000 or more during the preceding fiscal
year.
(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
(30 ILCS 575/8c) (from Ch. 127, par. 132.608c)
(Section scheduled to be repealed on June 30, 2029)
Sec. 8c. Recommended rules and regulations for the
establishment and continuation of narrowly tailored sheltered
markets under Section 8b shall be approved by the Council
prior to submission by the Commission on Equity and Inclusion
Department of Central Management Services to the Joint
Committee on Administrative Rules. These rules shall include
but not be limited to agency goals, waivers and procedures for
use of sheltered markets.
(Source: P.A. 86-269; 86-270.)
(30 ILCS 575/8g)

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(Section scheduled to be repealed on June 30, 2029)
Sec. 8g. Business Enterprise Program Council reports.
(a) The Commission on Equity and Inclusion Department of
Central Management Services shall provide a report to the
Council identifying all State agency non-construction
solicitations that exceed $20,000,000 and that have less than
a 20% established goal prior to publication.
(b) The Commission on Equity and Inclusion Department of
Central Management Services shall provide a report to the
Council identifying all State agency non-construction awards
that exceed $20,000,000. The report shall contain the
following: (i) the name of the awardee; (ii) the total bid
amount; (iii) the established Business Enterprise Program
goal; (iv) the dollar amount and percentage of participation
by businesses owned by minorities, women, and persons with
disabilities; and (v) the names of the certified firms
identified in the utilization plan.
(Source: P.A. 100-391, eff. 8-25-17; 100-863, eff. 8-14-18.)
(30 ILCS 575/8j)
(Section scheduled to be repealed on June 30, 2029)
Sec. 8j. Special Committee on Minority, Female, Persons
with Disabilities, and Veterans Contracting.
(a) There is created a Special Committee on Minority,
Female, Persons with Disabilities, and Veterans Contracting
under the Council. The Special Committee shall review

HB4360 - 32 - LRB103 35889 AWJ 65974 b
Illinois' procurement laws regarding contracting with
minority-owned businesses, women-owned businesses, businesses
owned by persons with disabilities, and veteran-owned
businesses to determine what changes should be made to
increase participation of these businesses in State
procurements.
(b) The Special Committee shall consist of the following
members:
(1) 3 persons each to be appointed by the Speaker of
the House of Representatives, the Minority Leader of the
House of Representatives, the President of the Senate, and
the Minority Leader of the Senate; only one Special
Committee member of each appointee under this paragraph
may be a current member of the General Assembly;
(2) the Executive Director of the Commission on Equity
and Inclusion or the Executive Director's designee
Director of Central Management Services, or his or her
designee;
(3) the chairperson of the Council, or his or her
designee; and
(4) each chief procurement officer.
(c) The Special Committee shall conduct at least 3
hearings, with at least one hearing in Springfield and one in
Chicago. Each hearing shall be open to the public and notice of
the hearings shall be posted on the websites of the
Procurement Policy Board, the Commission on Equity and

HB4360 - 33 - LRB103 35889 AWJ 65974 b
Inclusion Department of Central Management Services, and the
General Assembly at least 6 days prior to the hearing.
(Source: P.A. 100-43, eff. 8-9-17; 100-863, eff. 8-14-18.)
(30 ILCS 575/9) (from Ch. 127, par. 132.609)
(Section scheduled to be repealed on June 30, 2029)
Sec. 9. Repeal. This Act is repealed June 30, 2030 2029.
(Source: P.A. 103-563, eff. 11-17-23.)
Section 99. Effective date. This Act takes effect upon
becoming law.
HB4360 - 34 - LRB103 35889 AWJ 65974 b
INDEX
Statutes amended in order of appearance