IL
Illinois House Bill HB2368

Illinois 2023-2024 Regular Session

Illinois House Bill HB2368 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2368 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 20 ILCS 608/16 new Amends the Business Assistance and Regulatory Reform Act. Provides that, within 30 days after the beginning of its fiscal year, each State agency shall publicly report its expenditures for the previous fiscal year by submitting a report with specified information to the General Assembly electronically or in writing. Requires the report to be made available to the 10 news outlets in the State that have the highest circulation, listenership, or viewership. LRB103 26061 DTM 52416 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2368 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 20 ILCS 608/16 new 20 ILCS 608/16 new Amends the Business Assistance and Regulatory Reform Act. Provides that, within 30 days after the beginning of its fiscal year, each State agency shall publicly report its expenditures for the previous fiscal year by submitting a report with specified information to the General Assembly electronically or in writing. Requires the report to be made available to the 10 news outlets in the State that have the highest circulation, listenership, or viewership. LRB103 26061 DTM 52416 b LRB103 26061 DTM 52416 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2368 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
3+20 ILCS 608/16 new 20 ILCS 608/16 new
4+20 ILCS 608/16 new
5+Amends the Business Assistance and Regulatory Reform Act. Provides that, within 30 days after the beginning of its fiscal year, each State agency shall publicly report its expenditures for the previous fiscal year by submitting a report with specified information to the General Assembly electronically or in writing. Requires the report to be made available to the 10 news outlets in the State that have the highest circulation, listenership, or viewership.
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311 1 AN ACT concerning State government.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
6-4 Section 5. The Illinois Procurement Code is amended by
7-5 changing Section 45-45 as follows:
8-6 (30 ILCS 500/45-45)
9-7 Sec. 45-45. Small businesses.
10-8 (a) Set-asides. Each chief procurement officer has
11-9 authority to designate as small business set-asides a fair
12-10 proportion of construction, supply, and service contracts for
13-11 award to small businesses in Illinois. Advertisements for bids
14-12 or offers for those contracts shall specify designation as
15-13 small business set-asides. In awarding the contracts, only
16-14 bids or offers from qualified small businesses shall be
17-15 considered.
18-16 (b) Small business. "Small business" means a business that
19-17 is independently owned and operated and that is not dominant
20-18 in its field of operation. The chief procurement officer shall
21-19 establish a detailed definition by rule, using in addition to
22-20 the foregoing criteria other criteria, including the number of
23-21 employees and the dollar volume of business. When computing
24-22 the size status of a potential contractor, annual sales and
25-23 receipts of the potential contractor and all of its affiliates
14+4 Section 5. The Business Assistance and Regulatory Reform
15+5 Act is amended by adding Section 16 as follows:
16+6 (20 ILCS 608/16 new)
17+7 Sec. 16. State agency report of procurement information.
18+8 Within 30 days after the beginning of its fiscal year, each
19+9 State agency shall publicly report its expenditures for the
20+10 previous fiscal year by submitting a report to the General
21+11 Assembly electronically or in writing. The report shall be
22+12 made available to the 10 news outlets in the State that have
23+13 the highest circulation, listenership, or viewership. The
24+14 report shall include the following information:
25+15 (1) The overall amount of money awarded to the agency
26+16 through procurement for all services rendered by the agency.
27+17 (2) The overall amount of money spent by the agency
28+18 through procurement for all services to the agency.
29+19 (3) The amount of money awarded to the agency for
30+20 construction projects.
31+21 (4) The amount of money spent by the agency in
32+22 construction projects.
33+23 (5) The amount of money awarded to the agency for
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34-1 shall be included. The maximum number of employees and the
35-2 maximum dollar volume that a small business may have under the
36-3 rules promulgated by the chief procurement officer may vary
37-4 from industry to industry to the extent necessary to reflect
38-5 differing characteristics of those industries, subject to the
39-6 following limitations:
40-7 (1) No wholesale business is a small business if its
41-8 annual sales for its most recently completed fiscal year
42-9 exceed $13,000,000.
43-10 (2) No retail business or business selling services is
44-11 a small business if its annual sales and receipts exceed
45-12 $8,000,000.
46-13 (3) No manufacturing business is a small business if
47-14 it employs more than 250 persons.
48-15 (4) No construction business is a small business if
49-16 its annual sales and receipts exceed $14,000,000.
50-17 (c) Fair proportion. For the purpose of subsection (a),
51-18 for State agencies of the executive branch, a fair proportion
52-19 of construction contracts shall be no less than 25% nor more
53-20 than 40% of the annual total contracts for construction.
54-21 (d) Withdrawal of designation. A small business set-aside
55-22 designation may be withdrawn by the purchasing agency when
56-23 deemed in the best interests of the State. Upon withdrawal,
57-24 all bids or offers shall be rejected, and the bidders or
58-25 offerors shall be notified of the reason for rejection. The
59-26 contract shall then be awarded in accordance with this Code
37+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2368 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
38+20 ILCS 608/16 new 20 ILCS 608/16 new
39+20 ILCS 608/16 new
40+Amends the Business Assistance and Regulatory Reform Act. Provides that, within 30 days after the beginning of its fiscal year, each State agency shall publicly report its expenditures for the previous fiscal year by submitting a report with specified information to the General Assembly electronically or in writing. Requires the report to be made available to the 10 news outlets in the State that have the highest circulation, listenership, or viewership.
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70-1 without the designation of small business set-aside. Each
71-2 chief procurement officer shall make the annual report
72-3 available on his or her official website. Each chief
73-4 procurement officer shall also issue a press release in
74-5 conjunction with the small business annual report that
75-6 includes an executive summary of the annual report and a link
76-7 to the annual report on the chief procurement officer's
77-8 website.
78-9 (e) Small business specialist. Each chief procurement
79-10 officer shall designate one or more individuals to serve as
80-11 its small business specialist. The small business specialists
81-12 shall collectively work together to accomplish the following
82-13 duties:
83-14 (1) Compiling and maintaining a comprehensive list of
84-15 potential small contractors. In this duty, he or she shall
85-16 cooperate with the Federal Small Business Administration
86-17 in locating potential sources for various products and
87-18 services.
88-19 (2) Assisting small businesses in complying with the
89-20 procedures for bidding on State contracts.
90-21 (3) Examining requests from State agencies for the
91-22 purchase of property or services to help determine which
92-23 invitations to bid are to be designated small business
93-24 set-asides.
94-25 (4) Making recommendations to the chief procurement
95-26 officer for the simplification of specifications and terms
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106-1 in order to increase the opportunities for small business
107-2 participation.
108-3 (5) Assisting in investigations by purchasing agencies
109-4 to determine the responsibility of bidders or offerors on
110-5 small business set-asides.
111-6 (f) Small business annual report. Each small business
112-7 specialist designated under subsection (e) shall annually
113-8 before November 1 report in writing to the General Assembly
114-9 concerning the awarding of contracts to small businesses. The
115-10 report shall include the total value of awards made in the
116-11 preceding fiscal year under the designation of small business
117-12 set-aside. The report shall also include the total value of
118-13 awards made to businesses owned by minorities, women, and
119-14 persons with disabilities, as defined in the Business
120-15 Enterprise for Minorities, Women, and Persons with
121-16 Disabilities Act, in the preceding fiscal year under the
122-17 designation of small business set-aside.
123-18 The requirement for reporting to the General Assembly
124-19 shall be satisfied by filing copies of the report as required
125-20 by Section 3.1 of the General Assembly Organization Act.
126-21 (Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17;
127-22 100-863, eff. 8-14-18.)
128-23 Section 10. The Business Enterprise for Minorities, Women,
129-24 and Persons with Disabilities Act is amended by changing
130-25 Section 8f as follows:
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68+1 professional services.
69+2 (6) The amount of money spent by the agency for
70+3 professional services.
71+4 (7) The agency's goals relating to the Business Enterprise
72+5 Program and the Disadvantaged Business Enterprise Program.
73+6 (8) The agency's goals relating to small businesses.
74+7 (9) Whether the agency met its goals described under
75+8 paragraphs (7) and (8).
76+9 (10) The demographic breakdown of the agency's
77+10 expenditures relating to the Business Enterprise Program and
78+11 the Disadvantaged Business Enterprise Program.
79+12 (11) The amount of money awarded by the agency to
80+13 minority-owned and woman-owned construction projects.
81+14 (12) The 5 prime contractors hired by the agency for
82+15 projects relating to the Business Enterprise Program and
83+16 Disadvantaged Business Enterprise Program who received the
84+17 largest amount of money and the amount of money each prime
85+18 contractor was awarded by the agency for construction
86+19 projects.
87+20 (13) The 5 contractors hired by the agency who received
88+21 the most money from the agency, and the amount each contractor
89+22 was awarded, for construction projects.
90+23 (14) The 5 contractors hired by the agency under the
91+24 Business Enterprise Program and the Disadvantaged Business
92+25 Enterprise Program to render professional services and the
93+26 amount each contractor was awarded.
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141-1 (30 ILCS 575/8f)
142-2 (Section scheduled to be repealed on June 30, 2024)
143-3 Sec. 8f. Annual report. The Council shall file no later
144-4 than March 1 of each year, an annual report that shall detail
145-5 the level of achievement toward the goals specified in this
146-6 Act over the 3 most recent fiscal years. The annual report
147-7 shall include, but need not be limited to the following:
148-8 (1) a summary detailing expenditures subject to the
149-9 goals, the actual goals specified, and the goals attained
150-10 by each State agency and public institution of higher
151-11 education;
152-12 (2) a summary of the number of contracts awarded and
153-13 the average contract amount by each State agency and
154-14 public institution of higher education;
155-15 (3) an analysis of the level of overall goal
156-16 achievement concerning purchases from minority-owned
157-17 businesses, women-owned businesses, and businesses owned
158-18 by persons with disabilities;
159-19 (4) an analysis of the number of businesses owned by
160-20 minorities, women, and persons with disabilities that are
161-21 certified under the program as well as the number of those
162-22 businesses that received State procurement contracts; and
163-23 (5) a summary of the number of contracts awarded to
164-24 businesses with annual gross sales of less than
165-25 $1,000,000; of $1,000,000 or more, but less than
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104+1 (15) The number of firms with fewer than 500 employees
105+2 that were awarded construction contracts by the agency and the
106+3 amount awarded to each firm.
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176-1 $5,000,000; of $5,000,000 or more, but less than
177-2 $10,000,000; and of $10,000,000 or more. The Council shall
178-3 make the annual report available on its official website.
179-4 The Council shall also issue a press release in
180-5 conjunction with the annual report that includes an
181-6 executive summary of the annual report and a link to the
182-7 annual report on its official website.
183-8 (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
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