Bill Text: IL SB3106 | 2017-2018 | 100th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the State Comptroller Act. Provides that the Business Enterprise Council created under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act shall provide the Comptroller with information necessary to fulfill the Comptroller's responsibilities with respect to the Minority Contractor Opportunity Initiative. Provides that the Comptroller shall annually prepare and submit a report to the Governor and the General Assembly concerning the progress of the initiative for the preceding fiscal year (rather than calendar year). Provides that each Chief Procurement Officer shall provide to the Comptroller information necessary to fulfill the Comptroller's responsibilities with respect to the Minority Contractor Opportunity Initiative. Makes a conforming changes. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Adds the State Comptroller to the Business Enterprise Council for Minorities, Women, and Persons with Disabilities. Effective immediately.
Spectrum: Strong Partisan Bill (Democrat 17-1)
Status: (Passed) 2018-08-10 - Public Act . . . . . . . . . 100-0801 [SB3106 Detail]
Download: Illinois-2017-SB3106-Introduced.html
Bill Title: Amends the State Comptroller Act. Provides that the Business Enterprise Council created under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act shall provide the Comptroller with information necessary to fulfill the Comptroller's responsibilities with respect to the Minority Contractor Opportunity Initiative. Provides that the Comptroller shall annually prepare and submit a report to the Governor and the General Assembly concerning the progress of the initiative for the preceding fiscal year (rather than calendar year). Provides that each Chief Procurement Officer shall provide to the Comptroller information necessary to fulfill the Comptroller's responsibilities with respect to the Minority Contractor Opportunity Initiative. Makes a conforming changes. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Adds the State Comptroller to the Business Enterprise Council for Minorities, Women, and Persons with Disabilities. Effective immediately.
Spectrum: Strong Partisan Bill (Democrat 17-1)
Status: (Passed) 2018-08-10 - Public Act . . . . . . . . . 100-0801 [SB3106 Detail]
Download: Illinois-2017-SB3106-Introduced.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Comptroller Act is amended by changing | |||||||||||||||||||||
5 | Section 23.9 as follows:
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6 | (15 ILCS 405/23.9) | |||||||||||||||||||||
7 | Sec. 23.9. Minority Contractor Opportunity Initiative. The | |||||||||||||||||||||
8 | State Comptroller Minority Contractor Opportunity Initiative | |||||||||||||||||||||
9 | is created to provide greater opportunities for minority-owned | |||||||||||||||||||||
10 | businesses, women-owned businesses, businesses owned by | |||||||||||||||||||||
11 | persons with disabilities, and small businesses with 20 or | |||||||||||||||||||||
12 | fewer employees in this State to participate in the State | |||||||||||||||||||||
13 | procurement process. The initiative shall be administered by | |||||||||||||||||||||
14 | the Comptroller. Under this initiative, the Comptroller is | |||||||||||||||||||||
15 | responsible for the following: (i) outreach to minority-owned | |||||||||||||||||||||
16 | businesses, women-owned businesses, businesses owned by | |||||||||||||||||||||
17 | persons with disabilities, and small businesses capable of | |||||||||||||||||||||
18 | providing services to the State; (ii) education of | |||||||||||||||||||||
19 | minority-owned businesses, women-owned businesses, businesses | |||||||||||||||||||||
20 | owned by persons with disabilities, and small businesses | |||||||||||||||||||||
21 | concerning State contracting and procurement; (iii) | |||||||||||||||||||||
22 | notification of minority-owned businesses, women-owned | |||||||||||||||||||||
23 | businesses, businesses owned by persons with disabilities, and |
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1 | small businesses of State contracting opportunities; and (iv) | ||||||
2 | maintenance of an online database of State contracts that | ||||||
3 | identifies the contracts awarded to minority-owned businesses, | ||||||
4 | women-owned businesses, businesses owned by persons with | ||||||
5 | disabilities, and small businesses that includes the total | ||||||
6 | amount paid by State agencies to contractors and the percentage | ||||||
7 | paid to minority-owned businesses, women-owned businesses, | ||||||
8 | businesses owned by persons with disabilities, and small | ||||||
9 | businesses. | ||||||
10 | The Comptroller shall work with the Business Enterprise | ||||||
11 | Council created under Section 5 of the Business Enterprise for | ||||||
12 | Minorities, Women, and Persons with Disabilities Act shall | ||||||
13 | provide the Comptroller with information necessary to fulfill | ||||||
14 | the Comptroller's responsibilities under this Section , | ||||||
15 | including, but not limited to, . The Comptroller may rely on the | ||||||
16 | Business Enterprise Council's identification of minority-owned | ||||||
17 | businesses, women-owned businesses, and businesses owned by | ||||||
18 | persons with disabilities. | ||||||
19 | The Comptroller shall annually prepare and submit a report | ||||||
20 | to the Governor and the General Assembly concerning the | ||||||
21 | progress of this initiative including the following | ||||||
22 | information for the preceding fiscal calendar year: (i) a | ||||||
23 | statement of the total amounts paid by each executive branch | ||||||
24 | agency to contractors since the previous report; (ii) the | ||||||
25 | percentage of the amounts that were paid to minority-owned | ||||||
26 | businesses, women-owned businesses, businesses owned by |
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1 | persons with disabilities, and small businesses; (iii) the | ||||||
2 | successes achieved and the challenges faced by the Comptroller | ||||||
3 | in operating outreach programs for minorities, women, persons | ||||||
4 | with disabilities, and small businesses; (iv) the challenges | ||||||
5 | each executive branch agency may face in hiring qualified | ||||||
6 | minority, woman, and small business employees and employees | ||||||
7 | with disabilities and contracting with qualified | ||||||
8 | minority-owned businesses, women-owned businesses, businesses | ||||||
9 | owned by persons with disabilities, and small businesses; and | ||||||
10 | (v) (iv) any other information, findings, conclusions, and | ||||||
11 | recommendations for legislative or agency action, as the | ||||||
12 | Comptroller deems appropriate. | ||||||
13 | On and after the effective date of this amendatory Act of | ||||||
14 | the 97th General Assembly, any bidder or offeror awarded a | ||||||
15 | contract of $1,000 or more under Section 20-10, 20-15, 20-25, | ||||||
16 | or 20-30 of the Illinois Procurement Code is required to pay a | ||||||
17 | fee of $15 to cover expenses related to the administration of | ||||||
18 | this Section. The Comptroller shall deduct the fee from the | ||||||
19 | first check issued to the vendor under the contract and deposit | ||||||
20 | the fee into the Comptroller's Administrative Fund. Contracts | ||||||
21 | administered for statewide orders placed by agencies (commonly | ||||||
22 | referred to as "statewide master contracts") are exempt from | ||||||
23 | this fee.
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24 | Each Chief Procurement Officer shall provide to the | ||||||
25 | Comptroller information necessary to fulfill the Comptroller's | ||||||
26 | responsibilities under this Section, including, but not |
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1 | limited to, identification of small businesses. | ||||||
2 | (Source: P.A. 99-143, eff. 7-27-15; 100-391, eff. 8-25-17.)
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3 | Section 10. The Business Enterprise for Minorities, Women, | ||||||
4 | and Persons with
Disabilities Act is amended by changing | ||||||
5 | Section 5 as follows:
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6 | (30 ILCS 575/5) (from Ch. 127, par. 132.605)
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7 | (Section scheduled to be repealed on June 30, 2020)
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8 | Sec. 5. Business Enterprise Council.
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9 | (1) To help implement, monitor and enforce the goals of | ||||||
10 | this Act, there
is created the Business Enterprise Council for
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11 | Minorities, Women, and Persons with Disabilities, hereinafter
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12 | referred to as the Council, composed of the State Comptroller, | ||||||
13 | the Secretary of Human Services and
the Directors of the | ||||||
14 | Department of
Human Rights, the Department of Commerce and | ||||||
15 | Economic Opportunity, the
Department of Central Management | ||||||
16 | Services, the Department of Transportation and
the
Capital | ||||||
17 | Development Board, or their duly appointed representatives. | ||||||
18 | Ten
individuals representing businesses that are | ||||||
19 | minority-owned or women-owned or
owned by persons with | ||||||
20 | disabilities, 2 individuals representing the business
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21 | community, and a representative of public institutions of | ||||||
22 | higher education shall be appointed by the Governor. These | ||||||
23 | members shall serve 2
year terms and shall be eligible for | ||||||
24 | reappointment. Any vacancy occurring on
the Council shall also |
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1 | be filled by the Governor. Any member appointed to fill
a | ||||||
2 | vacancy occurring prior to the expiration of the term for which | ||||||
3 | his
predecessor was appointed shall be appointed for the | ||||||
4 | remainder of such term.
Members of the Council shall serve | ||||||
5 | without compensation but shall be reimbursed
for any ordinary | ||||||
6 | and necessary expenses incurred in the performance of their
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7 | duties.
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8 | The Director of the Department of Central Management | ||||||
9 | Services shall serve
as the Council chairperson and shall | ||||||
10 | select, subject to approval of the
council, a Secretary | ||||||
11 | responsible for the operation of the program who shall
serve as | ||||||
12 | the Division Manager of the Business
Enterprise for Minorities, | ||||||
13 | Women, and Persons with Disabilities Division
of the Department | ||||||
14 | of Central Management Services.
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15 | The Director of each State agency and the chief executive | ||||||
16 | officer of
each public institutions of higher education shall | ||||||
17 | appoint a liaison to the Council. The liaison
shall be | ||||||
18 | responsible for submitting to the Council any reports and
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19 | documents necessary under this Act.
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20 | (2) The Council's authority and responsibility shall be to:
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21 | (a) Devise a certification procedure to assure that | ||||||
22 | businesses taking
advantage of this Act are legitimately | ||||||
23 | classified as businesses owned by minorities, women, or | ||||||
24 | persons with
disabilities.
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25 | (b) Maintain a list of all
businesses legitimately | ||||||
26 | classified as businesses owned by minorities, women, or |
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1 | persons with disabilities to provide to State agencies and | ||||||
2 | public institutions of higher education.
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3 | (c) Review rules and regulations for the | ||||||
4 | implementation of the program for businesses owned by | ||||||
5 | minorities, women,
and persons with disabilities.
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6 | (d) Review compliance plans submitted by each State | ||||||
7 | agency and public institutions of higher education
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8 | pursuant to this Act.
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9 | (e) Make annual reports as provided in Section 8f to | ||||||
10 | the Governor and
the General Assembly on the
status of the | ||||||
11 | program.
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12 | (f) Serve as a central clearinghouse for information on | ||||||
13 | State
contracts, including the maintenance of a list of all | ||||||
14 | pending State
contracts upon which businesses owned by | ||||||
15 | minorities, women, and persons with disabilities may bid.
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16 | At the Council's discretion, maintenance of the list may | ||||||
17 | include 24-hour
electronic access to the list along with | ||||||
18 | the bid and application information.
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19 | (g) Establish a toll free telephone number to | ||||||
20 | facilitate information
requests concerning the | ||||||
21 | certification process and pending contracts.
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22 | (3) No premium bond rate of a surety company for a bond | ||||||
23 | required of a business owned by a minority, woman, or person
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24 | with a disability bidding for a State contract shall be
higher | ||||||
25 | than the lowest rate charged by that surety company for a | ||||||
26 | similar
bond in the same classification of work that would be |
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1 | written for a business not owned by a minority, woman, or | ||||||
2 | person with a disability.
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3 | (4) Any Council member who has direct financial or personal | ||||||
4 | interest in
any measure pending before the Council shall | ||||||
5 | disclose this fact to the
Council and refrain from | ||||||
6 | participating in the determination upon such measure.
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7 | (5) The Secretary shall have the following duties and | ||||||
8 | responsibilities:
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9 | (a) To be responsible for the day-to-day operation of | ||||||
10 | the Council.
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11 | (b) To serve as a coordinator for all of the State's | ||||||
12 | programs for businesses owned by minorities, women,
and | ||||||
13 | persons with disabilities and as the information and | ||||||
14 | referral center
for all State initiatives for businesses
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15 | owned by minorities, women, and persons with disabilities.
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16 | (c) To establish an enforcement procedure whereby the | ||||||
17 | Council may
recommend to the appropriate State legal | ||||||
18 | officer that the State exercise
its legal remedies which | ||||||
19 | shall include (1) termination of the contract
involved, (2) | ||||||
20 | prohibition of participation by the respondent in public
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21 | contracts for a period not to exceed 3 years, (3) | ||||||
22 | imposition of a penalty
not to exceed any profit acquired | ||||||
23 | as a result of violation, or (4) any
combination thereof. | ||||||
24 | Such procedures shall require prior approval by Council.
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25 | (d) To devise appropriate policies, regulations and | ||||||
26 | procedures for
including participation by businesses owned
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1 | by minorities, women, and persons with disabilities as | ||||||
2 | prime contractors
including, but not limited to, (i) | ||||||
3 | encouraging the inclusions of qualified businesses owned | ||||||
4 | by minorities, women, and
persons with disabilities on | ||||||
5 | solicitation lists, (ii)
investigating the potential of | ||||||
6 | blanket bonding programs for small
construction jobs, | ||||||
7 | (iii) investigating and making recommendations
concerning | ||||||
8 | the use of the sheltered market process.
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9 | (e) To devise procedures for the waiver of the | ||||||
10 | participation goals in
appropriate circumstances.
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11 | (f) To accept donations and, with the approval of the | ||||||
12 | Council or the
Director of Central Management Services, | ||||||
13 | grants related to the purposes of
this Act; to conduct | ||||||
14 | seminars related to the purpose of this Act and to
charge | ||||||
15 | reasonable registration fees; and to sell directories, | ||||||
16 | vendor lists
and other such information to interested | ||||||
17 | parties, except that forms
necessary to become eligible for | ||||||
18 | the program shall be provided free of
charge to a business | ||||||
19 | or individual applying for the program.
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20 | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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