IL
Illinois House Bill HB3546

Illinois 2023-2024 Regular Session

Illinois House Bill HB3546 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3546 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 30 ILCS 575/7 from Ch. 127, par. 132.607 Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that a waiver shall be deemed granted if the Business Enterprise Council for Minorities, Women, and Persons with Disabilities does not make a determination on the waiver within 30 business days after the initial request for a waiver by the contractor. Effective immediately. LRB103 28733 HLH 55115 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3546 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 30 ILCS 575/7 from Ch. 127, par. 132.607 30 ILCS 575/7 from Ch. 127, par. 132.607 Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that a waiver shall be deemed granted if the Business Enterprise Council for Minorities, Women, and Persons with Disabilities does not make a determination on the waiver within 30 business days after the initial request for a waiver by the contractor. Effective immediately. LRB103 28733 HLH 55115 b LRB103 28733 HLH 55115 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3546 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
33 30 ILCS 575/7 from Ch. 127, par. 132.607 30 ILCS 575/7 from Ch. 127, par. 132.607
44 30 ILCS 575/7 from Ch. 127, par. 132.607
55 Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that a waiver shall be deemed granted if the Business Enterprise Council for Minorities, Women, and Persons with Disabilities does not make a determination on the waiver within 30 business days after the initial request for a waiver by the contractor. Effective immediately.
66 LRB103 28733 HLH 55115 b LRB103 28733 HLH 55115 b
77 LRB103 28733 HLH 55115 b
88 A BILL FOR
99 HB3546LRB103 28733 HLH 55115 b HB3546 LRB103 28733 HLH 55115 b
1010 HB3546 LRB103 28733 HLH 55115 b
1111 1 AN ACT concerning finance.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Business Enterprise for Minorities, Women,
1515 5 and Persons with Disabilities Act is amended by changing
1616 6 Section 7 as follows:
1717 7 (30 ILCS 575/7) (from Ch. 127, par. 132.607)
1818 8 (Section scheduled to be repealed on June 30, 2024)
1919 9 Sec. 7. Exemptions; waivers; publication of data.
2020 10 (1) Individual contract exemptions. The Council, at the
2121 11 written request of the affected agency, public institution of
2222 12 higher education, or recipient of a grant or loan of State
2323 13 funds of $250,000 or more complying with Section 45 of the
2424 14 State Finance Act, may permit an individual contract or
2525 15 contract package, (related contracts being bid or awarded
2626 16 simultaneously for the same project or improvements) be made
2727 17 wholly or partially exempt from State contracting goals for
2828 18 businesses owned by minorities, women, and persons with
2929 19 disabilities prior to the advertisement for bids or
3030 20 solicitation of proposals whenever there has been a
3131 21 determination, reduced to writing and based on the best
3232 22 information available at the time of the determination, that
3333 23 there is an insufficient number of businesses owned by
3434
3535
3636
3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3546 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
3838 30 ILCS 575/7 from Ch. 127, par. 132.607 30 ILCS 575/7 from Ch. 127, par. 132.607
3939 30 ILCS 575/7 from Ch. 127, par. 132.607
4040 Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that a waiver shall be deemed granted if the Business Enterprise Council for Minorities, Women, and Persons with Disabilities does not make a determination on the waiver within 30 business days after the initial request for a waiver by the contractor. Effective immediately.
4141 LRB103 28733 HLH 55115 b LRB103 28733 HLH 55115 b
4242 LRB103 28733 HLH 55115 b
4343 A BILL FOR
4444
4545
4646
4747
4848
4949 30 ILCS 575/7 from Ch. 127, par. 132.607
5050
5151
5252
5353 LRB103 28733 HLH 55115 b
5454
5555
5656
5757
5858
5959
6060
6161
6262
6363 HB3546 LRB103 28733 HLH 55115 b
6464
6565
6666 HB3546- 2 -LRB103 28733 HLH 55115 b HB3546 - 2 - LRB103 28733 HLH 55115 b
6767 HB3546 - 2 - LRB103 28733 HLH 55115 b
6868 1 minorities, women, and persons with disabilities to ensure
6969 2 adequate competition and an expectation of reasonable prices
7070 3 on bids or proposals solicited for the individual contract or
7171 4 contract package in question. Any such exemptions shall be
7272 5 given by the Council to the Bureau on Apprenticeship Programs
7373 6 and Clean Energy Jobs.
7474 7 (a) Written request for contract exemption. A written
7575 8 request for an individual contract exemption must include,
7676 9 but is not limited to, the following:
7777 10 (i) a list of eligible businesses owned by
7878 11 minorities, women, and persons with disabilities;
7979 12 (ii) a clear demonstration that the number of
8080 13 eligible businesses identified in subparagraph (i)
8181 14 above is insufficient to ensure adequate competition;
8282 15 (iii) the difference in cost between the contract
8383 16 proposals being offered by businesses owned by
8484 17 minorities, women, and persons with disabilities and
8585 18 the agency or public institution of higher education's
8686 19 expectations of reasonable prices on bids or proposals
8787 20 within that class; and
8888 21 (iv) a list of eligible businesses owned by
8989 22 minorities, women, and persons with disabilities that
9090 23 the contractor has used in the current and prior
9191 24 fiscal years.
9292 25 (b) Determination. The Council's determination
9393 26 concerning an individual contract exemption must consider,
9494
9595
9696
9797
9898
9999 HB3546 - 2 - LRB103 28733 HLH 55115 b
100100
101101
102102 HB3546- 3 -LRB103 28733 HLH 55115 b HB3546 - 3 - LRB103 28733 HLH 55115 b
103103 HB3546 - 3 - LRB103 28733 HLH 55115 b
104104 1 at a minimum, the following:
105105 2 (i) the justification for the requested exemption,
106106 3 including whether diligent efforts were undertaken to
107107 4 identify and solicit eligible businesses owned by
108108 5 minorities, women, and persons with disabilities;
109109 6 (ii) the total number of exemptions granted to the
110110 7 affected agency, public institution of higher
111111 8 education, or recipient of a grant or loan of State
112112 9 funds of $250,000 or more complying with Section 45 of
113113 10 the State Finance Act that have been granted by the
114114 11 Council in the current and prior fiscal years; and
115115 12 (iii) the percentage of contracts awarded by the
116116 13 agency or public institution of higher education to
117117 14 eligible businesses owned by minorities, women, and
118118 15 persons with disabilities in the current and prior
119119 16 fiscal years.
120120 17 (2) Class exemptions.
121121 18 (a) Creation. The Council, at the written request of
122122 19 the affected agency or public institution of higher
123123 20 education, may permit an entire class of contracts be made
124124 21 exempt from State contracting goals for businesses owned
125125 22 by minorities, women, and persons with disabilities
126126 23 whenever there has been a determination, reduced to
127127 24 writing and based on the best information available at the
128128 25 time of the determination, that there is an insufficient
129129 26 number of qualified businesses owned by minorities, women,
130130
131131
132132
133133
134134
135135 HB3546 - 3 - LRB103 28733 HLH 55115 b
136136
137137
138138 HB3546- 4 -LRB103 28733 HLH 55115 b HB3546 - 4 - LRB103 28733 HLH 55115 b
139139 HB3546 - 4 - LRB103 28733 HLH 55115 b
140140 1 and persons with disabilities to ensure adequate
141141 2 competition and an expectation of reasonable prices on
142142 3 bids or proposals within that class. Any such exemption
143143 4 shall be given by the Council to the Bureau on
144144 5 Apprenticeship Programs and Clean Energy Jobs.
145145 6 (a-1) Written request for class exemption. A written
146146 7 request for a class exemption must include, but is not
147147 8 limited to, the following:
148148 9 (i) a list of eligible businesses owned by
149149 10 minorities, women, and persons with disabilities;
150150 11 (ii) a clear demonstration that the number of
151151 12 eligible businesses identified in subparagraph (i)
152152 13 above is insufficient to ensure adequate competition;
153153 14 (iii) the difference in cost between the contract
154154 15 proposals being offered by eligible businesses owned
155155 16 by minorities, women, and persons with disabilities
156156 17 and the agency or public institution of higher
157157 18 education's expectations of reasonable prices on bids
158158 19 or proposals within that class; and
159159 20 (iv) the number of class exemptions the affected
160160 21 agency or public institution of higher education
161161 22 requested in the current and prior fiscal years.
162162 23 (a-2) Determination. The Council's determination
163163 24 concerning class exemptions must consider, at a minimum,
164164 25 the following:
165165 26 (i) the justification for the requested exemption,
166166
167167
168168
169169
170170
171171 HB3546 - 4 - LRB103 28733 HLH 55115 b
172172
173173
174174 HB3546- 5 -LRB103 28733 HLH 55115 b HB3546 - 5 - LRB103 28733 HLH 55115 b
175175 HB3546 - 5 - LRB103 28733 HLH 55115 b
176176 1 including whether diligent efforts were undertaken to
177177 2 identify and solicit eligible businesses owned by
178178 3 minorities, women, and persons with disabilities;
179179 4 (ii) the total number of class exemptions granted
180180 5 to the requesting agency or public institution of
181181 6 higher education that have been granted by the Council
182182 7 in the current and prior fiscal years; and
183183 8 (iii) the percentage of contracts awarded by the
184184 9 agency or public institution of higher education to
185185 10 eligible businesses owned by minorities, women, and
186186 11 persons with disabilities the current and prior fiscal
187187 12 years.
188188 13 (b) Limitation. Any such class exemption shall not be
189189 14 permitted for a period of more than one year at a time.
190190 15 (3) Waivers. Where a particular contract requires a
191191 16 contractor to meet a goal established pursuant to this Act,
192192 17 the contractor shall have the right to request a waiver from
193193 18 such requirements prior to the contract award. The Council
194194 19 shall grant the waiver when the contractor demonstrates that
195195 20 there has been made a good faith effort to comply with the
196196 21 goals for participation by businesses owned by minorities,
197197 22 women, and persons with disabilities. Any such waiver shall
198198 23 also be transmitted in writing to the Bureau on Apprenticeship
199199 24 Programs and Clean Energy Jobs. A waiver shall be deemed
200200 25 granted if the Council does not make a determination on the
201201 26 waiver within 30 business days after the initial request for a
202202
203203
204204
205205
206206
207207 HB3546 - 5 - LRB103 28733 HLH 55115 b
208208
209209
210210 HB3546- 6 -LRB103 28733 HLH 55115 b HB3546 - 6 - LRB103 28733 HLH 55115 b
211211 HB3546 - 6 - LRB103 28733 HLH 55115 b
212212 1 waiver by the contractor.
213213 2 (a) Request for waiver. A contractor's request for a
214214 3 waiver under this subsection (3) must include, but is not
215215 4 limited to, the following, if available:
216216 5 (i) a list of eligible businesses owned by
217217 6 minorities, women, and persons with disabilities that
218218 7 pertain to the scope of work of the contract. Eligible
219219 8 businesses are only eligible if the business is
220220 9 certified for the products or work advertised in the
221221 10 solicitation;
222222 11 (ii) (blank);
223223 12 (iia) a clear demonstration that the contractor
224224 13 selected portions of the work to be performed by
225225 14 eligible businesses owned by minorities, women, and
226226 15 persons with disabilities, solicited through all
227227 16 reasonable and available means eligible businesses,
228228 17 and negotiated in good faith with interested eligible
229229 18 businesses;
230230 19 (iib) documentation demonstrating that businesses
231231 20 owned by minorities, women, and persons with
232232 21 disabilities are not rejected as being unqualified
233233 22 without sound reasons based on a thorough
234234 23 investigation of their capabilities;
235235 24 (iii) documentation demonstrating that the
236236 25 contract proposals being offered by businesses owned
237237 26 by minorities, women, and persons with disabilities
238238
239239
240240
241241
242242
243243 HB3546 - 6 - LRB103 28733 HLH 55115 b
244244
245245
246246 HB3546- 7 -LRB103 28733 HLH 55115 b HB3546 - 7 - LRB103 28733 HLH 55115 b
247247 HB3546 - 7 - LRB103 28733 HLH 55115 b
248248 1 are excessive or unreasonable; and
249249 2 (iv) a list of businesses owned by minorities,
250250 3 women, and persons with disabilities that the
251251 4 contractor has used in the current and prior fiscal
252252 5 years.
253253 6 (b) Determination. The Council's determination
254254 7 concerning waivers must include following:
255255 8 (i) the justification for the requested waiver,
256256 9 including whether the requesting contractor made a
257257 10 good faith effort to identify and solicit eligible
258258 11 businesses owned by minorities, women, and persons
259259 12 with disabilities;
260260 13 (ii) the total number of waivers the contractor
261261 14 has been granted by the Council in the current and
262262 15 prior fiscal years;
263263 16 (iii) (blank); and
264264 17 (iv) the contractor's use of businesses owned by
265265 18 minorities, women, and persons with disabilities in
266266 19 the current and prior fiscal years.
267267 20 (3.5) (Blank).
268268 21 (4) Conflict with other laws. In the event that any State
269269 22 contract, which otherwise would be subject to the provisions
270270 23 of this Act, is or becomes subject to federal laws or
271271 24 regulations which conflict with the provisions of this Act or
272272 25 actions of the State taken pursuant hereto, the provisions of
273273 26 the federal laws or regulations shall apply and the contract
274274
275275
276276
277277
278278
279279 HB3546 - 7 - LRB103 28733 HLH 55115 b
280280
281281
282282 HB3546- 8 -LRB103 28733 HLH 55115 b HB3546 - 8 - LRB103 28733 HLH 55115 b
283283 HB3546 - 8 - LRB103 28733 HLH 55115 b
284284 1 shall be interpreted and enforced accordingly.
285285 2 (5) Each chief procurement officer, as defined in the
286286 3 Illinois Procurement Code, shall maintain on his or her
287287 4 official Internet website a database of the following: (i)
288288 5 waivers granted under this Section with respect to contracts
289289 6 under his or her jurisdiction; (ii) a State agency or public
290290 7 institution of higher education's written request for an
291291 8 exemption of an individual contract or an entire class of
292292 9 contracts; and (iii) the Council's written determination
293293 10 granting or denying a request for an exemption of an
294294 11 individual contract or an entire class of contracts. The
295295 12 database, which shall be updated periodically as necessary,
296296 13 shall be searchable by contractor name and by contracting
297297 14 State agency.
298298 15 (6) Each chief procurement officer, as defined by the
299299 16 Illinois Procurement Code, shall maintain on its website a
300300 17 list of all firms that have been prohibited from bidding,
301301 18 offering, or entering into a contract with the State of
302302 19 Illinois as a result of violations of this Act.
303303 20 Each public notice required by law of the award of a State
304304 21 contract shall include for each bid or offer submitted for
305305 22 that contract the following: (i) the bidder's or offeror's
306306 23 name, (ii) the bid amount, (iii) the name or names of the
307307 24 certified firms identified in the bidder's or offeror's
308308 25 submitted utilization plan, and (iv) the bid's amount and
309309 26 percentage of the contract awarded to businesses owned by
310310
311311
312312
313313
314314
315315 HB3546 - 8 - LRB103 28733 HLH 55115 b
316316
317317
318318 HB3546- 9 -LRB103 28733 HLH 55115 b HB3546 - 9 - LRB103 28733 HLH 55115 b
319319 HB3546 - 9 - LRB103 28733 HLH 55115 b
320320 1 minorities, women, and persons with disabilities identified in
321321 2 the utilization plan.
322322 3 (Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
323323 4 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; 102-662, eff.
324324 5 9-15-21.)
325325 6 Section 99. Effective date. This Act takes effect upon
326326 7 becoming law.
327327
328328
329329
330330
331331
332332 HB3546 - 9 - LRB103 28733 HLH 55115 b