IL
Illinois House Bill HB3889

Illinois 2023-2024 Regular Session

Illinois House Bill HB3889 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3889 Introduced 2/17/2023, by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 30 ILCS 575/4 from Ch. 127, par. 132.604 Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that notwithstanding any other provision of law, the goals established in this Act should apply to 100% of a State agencies total procurement spending. LRB103 30517 DTM 56950 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3889 Introduced 2/17/2023, by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 30 ILCS 575/4 from Ch. 127, par. 132.604 30 ILCS 575/4 from Ch. 127, par. 132.604 Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that notwithstanding any other provision of law, the goals established in this Act should apply to 100% of a State agencies total procurement spending. LRB103 30517 DTM 56950 b LRB103 30517 DTM 56950 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3889 Introduced 2/17/2023, by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
33 30 ILCS 575/4 from Ch. 127, par. 132.604 30 ILCS 575/4 from Ch. 127, par. 132.604
44 30 ILCS 575/4 from Ch. 127, par. 132.604
55 Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that notwithstanding any other provision of law, the goals established in this Act should apply to 100% of a State agencies total procurement spending.
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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 4 as follows:
1717 7 (30 ILCS 575/4) (from Ch. 127, par. 132.604)
1818 8 (Section scheduled to be repealed on June 30, 2024)
1919 9 Sec. 4. Award of State contracts.
2020 10 (a) Except as provided in subsection (b), not less than
2121 11 30% of the total dollar amount of State contracts, as defined
2222 12 by the Secretary of the Council and approved by the Council,
2323 13 shall be established as an aspirational goal to be awarded to
2424 14 businesses owned by minorities, women, and persons with
2525 15 disabilities; provided, however, that of the total amount of
2626 16 all State contracts awarded to businesses owned by minorities,
2727 17 women, and persons with disabilities pursuant to this Section,
2828 18 contracts representing at least 16% shall be awarded to
2929 19 businesses owned by minorities, contracts representing at
3030 20 least 10% shall be awarded to women-owned businesses, and
3131 21 contracts representing at least 4% shall be awarded to
3232 22 businesses owned by persons with disabilities.
3333 23 (a-5) In addition to the aspirational goals in awarding
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3889 Introduced 2/17/2023, by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
3838 30 ILCS 575/4 from Ch. 127, par. 132.604 30 ILCS 575/4 from Ch. 127, par. 132.604
3939 30 ILCS 575/4 from Ch. 127, par. 132.604
4040 Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that notwithstanding any other provision of law, the goals established in this Act should apply to 100% of a State agencies total procurement spending.
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6868 1 State contracts set under subsection (a), the Commission shall
6969 2 by rule further establish targeted efforts to encourage the
7070 3 participation of businesses owned by minorities, women, and
7171 4 persons with disabilities on State contracts. Such efforts
7272 5 shall include, but not be limited to, further concerted
7373 6 outreach efforts to businesses owned by minorities, women, and
7474 7 persons with disabilities.
7575 8 The above percentage relates to the total dollar amount of
7676 9 State contracts during each State fiscal year, calculated by
7777 10 examining independently each type of contract for each agency
7878 11 or public institutions of higher education which lets such
7979 12 contracts. Only that percentage of arrangements which
8080 13 represents the participation of businesses owned by
8181 14 minorities, women, and persons with disabilities on such
8282 15 contracts shall be included. State contracts subject to the
8383 16 requirements of this Act shall include the requirement that
8484 17 only expenditures to businesses owned by minorities, women,
8585 18 and persons with disabilities that perform a commercially
8686 19 useful function may be counted toward the goals set forth by
8787 20 this Act. Contracts shall include a definition of
8888 21 "commercially useful function" that is consistent with 49 CFR
8989 22 26.55(c).
9090 23 (b) Not less than 20% of the total dollar amount of State
9191 24 construction contracts is established as an aspirational goal
9292 25 to be awarded to businesses owned by minorities, women, and
9393 26 persons with disabilities; provided that, contracts
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104104 1 representing at least 11% of the total dollar amount of State
105105 2 construction contracts shall be awarded to businesses owned by
106106 3 minorities; contracts representing at least 7% of the total
107107 4 dollar amount of State construction contracts shall be awarded
108108 5 to women-owned businesses; and contracts representing at least
109109 6 2% of the total dollar amount of State construction contracts
110110 7 shall be awarded to businesses owned by persons with
111111 8 disabilities.
112112 9 (c) (Blank).
113113 10 (c-5) All goals established under this Section shall be
114114 11 contingent upon the results of the most recent disparity study
115115 12 conducted by the State.
116116 13 (d) Within one year after April 28, 2009 (the effective
117117 14 date of Public Act 96-8), the Department of Central Management
118118 15 Services shall conduct a social scientific study that measures
119119 16 the impact of discrimination on minority and women business
120120 17 development in Illinois. Within 18 months after April 28, 2009
121121 18 (the effective date of Public Act 96-8), the Department shall
122122 19 issue a report of its findings and any recommendations on
123123 20 whether to adjust the goals for minority and women
124124 21 participation established in this Act. Copies of this report
125125 22 and the social scientific study shall be filed with the
126126 23 Governor and the General Assembly.
127127 24 By December 1, 2020, the Department of Central Management
128128 25 Services shall conduct a new social scientific study that
129129 26 measures the impact of discrimination on minority and women
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140140 1 business development in Illinois. By June 1, 2022, the
141141 2 Department shall issue a report of its findings and any
142142 3 recommendations on whether to adjust the goals for minority
143143 4 and women participation established in this Act. Copies of
144144 5 this report and the social scientific study shall be filed
145145 6 with the Governor and the General Assembly. By December 1,
146146 7 2022, the Commission on Equity and Inclusion Business
147147 8 Enterprise Program shall develop a model for social scientific
148148 9 disparity study sourcing for local governmental units to adapt
149149 10 and implement to address regional disparities in public
150150 11 procurement.
151151 12 (e) All State contract solicitations that include Business
152152 13 Enterprise Program participation goals shall require bidders
153153 14 or offerors to include utilization plans. Utilization plans
154154 15 are due at the time of bid or offer submission. Failure to
155155 16 complete and include a utilization plan, including
156156 17 documentation demonstrating good faith efforts when requesting
157157 18 a waiver, shall render the bid or offer non-responsive.
158158 19 Except as permitted under this Act or as otherwise
159159 20 mandated by federal regulation, a bidder or offeror whose bid
160160 21 or offer is accepted and who included in that bid a completed
161161 22 utilization plan but who fails to meet the goals set forth in
162162 23 the plan shall be notified of the deficiency by the
163163 24 contracting agency or public institution of higher education
164164 25 and shall be given a period of 10 calendar days to cure the
165165 26 deficiency by contracting with additional subcontractors who
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176176 1 are certified by the Business Enterprise Program or by
177177 2 increasing the work to be performed by previously identified
178178 3 vendors certified by the Business Enterprise Program.
179179 4 Deficiencies that may be cured include: (i) scrivener's
180180 5 errors, such as transposed numbers; (ii) information submitted
181181 6 in an incorrect form or format; (iii) mistakes resulting from
182182 7 failure to follow instructions or to identify and adequately
183183 8 document good faith efforts taken to comply with the
184184 9 utilization plan; or (iv) a proposal to use a firm whose
185185 10 Business Enterprise Program certification has lapsed or is not
186186 11 yet recognized. Cure is not authorized if the bidder or
187187 12 offeror submits a blank utilization plan, a utilization plan
188188 13 that shows lack of reasonable effort to complete the form on
189189 14 time, or a utilization plan that states the contract will be
190190 15 self-performed, by a non-certified vendor, without showing
191191 16 good faith efforts or a request for a waiver. All cure activity
192192 17 shall address the deficiencies identified by the purchasing
193193 18 agency and shall require clear documentation, including that
194194 19 of good faith efforts, to address those deficiencies. Any
195195 20 increase in cost to a contract for the addition of a
196196 21 subcontractor to cure a bid's deficiency shall not affect the
197197 22 bid price and shall not be used in the request for an exemption
198198 23 under this Act, and, in no case, shall an identified
199199 24 subcontractor with a Business Enterprise Program certification
200200 25 made under this Act be terminated from a contract without the
201201 26 written consent of the State agency or public institution of
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212212 1 higher education entering into the contract. The purchasing
213213 2 agency or public institution of higher education shall make
214214 3 the determination whether the cure is adequate.
215215 4 Vendors certified with the Business Enterprise Program at
216216 5 the time and date submittals are due and who do not submit a
217217 6 utilization plan or have utilization plan deficiencies shall
218218 7 have 10 business days to submit a utilization plan or to
219219 8 correct the utilization plan deficiencies.
220220 9 (f) (Blank).
221221 10 (g) (Blank).
222222 11 (h) State agencies and public institutions of higher
223223 12 education shall notify the Commission on Equity and Inclusion
224224 13 of all non-responsive bids or proposals for State contracts.
225225 14 Notwithstanding any other provision of law, the goals
226226 15 established in this Act should apply to 100% of a State
227227 16 agencies total procurement spending.
228228 17 (Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
229229 18 101-657, Article 1, Section 1-5, eff. 1-1-22; 101-657, Article
230230 19 40, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21;
231231 20 102-558, eff. 8-20-21; 102-1119, eff. 1-23-23.)
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