Illinois 2025-2026 Regular Session

Illinois House Bill HB1227 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1227 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: New Act5 ILCS 100/5-45.62 new30 ILCS 105/5.1030 new Creates the Enslavement Era Disclosure and Redress Act. Requires each contractor that participates in a competitive bid with the State to review its records for evidence of the contractor's or a related party's participation in slaveholding or the slave trade and to make certain disclosures with respect to that participation. Contains provisions concerning notice of public hearings following the disclosures. Provides that the Illinois Office of Equity shall appoint an administrator to oversee the program. Provides that each contractor that has disclosed participation in slaveholding or the slave trade shall provide the State with a statement of financial redress at the time of submitting its bid. Contains provisions creating a Redress Fund. Amends the State Finance Act to make conforming changes. Effective immediately. LRB104 05739 HLH 15769 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1227 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: New Act5 ILCS 100/5-45.62 new30 ILCS 105/5.1030 new New Act 5 ILCS 100/5-45.62 new 30 ILCS 105/5.1030 new Creates the Enslavement Era Disclosure and Redress Act. Requires each contractor that participates in a competitive bid with the State to review its records for evidence of the contractor's or a related party's participation in slaveholding or the slave trade and to make certain disclosures with respect to that participation. Contains provisions concerning notice of public hearings following the disclosures. Provides that the Illinois Office of Equity shall appoint an administrator to oversee the program. Provides that each contractor that has disclosed participation in slaveholding or the slave trade shall provide the State with a statement of financial redress at the time of submitting its bid. Contains provisions creating a Redress Fund. Amends the State Finance Act to make conforming changes. Effective immediately. LRB104 05739 HLH 15769 b LRB104 05739 HLH 15769 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1227 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
33 New Act5 ILCS 100/5-45.62 new30 ILCS 105/5.1030 new New Act 5 ILCS 100/5-45.62 new 30 ILCS 105/5.1030 new
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77 Creates the Enslavement Era Disclosure and Redress Act. Requires each contractor that participates in a competitive bid with the State to review its records for evidence of the contractor's or a related party's participation in slaveholding or the slave trade and to make certain disclosures with respect to that participation. Contains provisions concerning notice of public hearings following the disclosures. Provides that the Illinois Office of Equity shall appoint an administrator to oversee the program. Provides that each contractor that has disclosed participation in slaveholding or the slave trade shall provide the State with a statement of financial redress at the time of submitting its bid. Contains provisions creating a Redress Fund. Amends the State Finance Act to make conforming changes. Effective immediately.
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1313 1 AN ACT concerning State government.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 1. Short title. This Act may be cited as the
1717 5 Enslavement Era Disclosure and Redress Act.
1818 6 Section 5. Definitions. In this Act:
1919 7 "Administrator" means the individual appointed by the
2020 8 Office to oversee, implement, and enforce the provisions of
2121 9 this Act.
2222 10 "Awarding authority" means a subordinate or component
2323 11 entity or person of the State that has the authority to enter
2424 12 into a contract or agreement for the provision of goods or
2525 13 services on behalf of the State.
2626 14 "Company" means any person, firm, corporation,
2727 15 partnership, or other business entity.
2828 16 "Contract" means any agreement, franchise, lease, or
2929 17 concession, including an agreement for any occasional
3030 18 professional or technical personal services, the performance
3131 19 of any work or service, the provision of any materials or
3232 20 supplies, or the rendering of any service to the State of
3333 21 Illinois or the public that is let, awarded, or entered into
3434 22 with or on behalf of the State or any awarding authority.
3535 23 "Contractor" means any company that has submitted a bid or
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3939 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1227 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
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4444 Creates the Enslavement Era Disclosure and Redress Act. Requires each contractor that participates in a competitive bid with the State to review its records for evidence of the contractor's or a related party's participation in slaveholding or the slave trade and to make certain disclosures with respect to that participation. Contains provisions concerning notice of public hearings following the disclosures. Provides that the Illinois Office of Equity shall appoint an administrator to oversee the program. Provides that each contractor that has disclosed participation in slaveholding or the slave trade shall provide the State with a statement of financial redress at the time of submitting its bid. Contains provisions creating a Redress Fund. Amends the State Finance Act to make conforming changes. Effective immediately.
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7474 1 is in the process of submitting a bid, whether competitive or
7575 2 not, to contract with the State or any awarding authority of
7676 3 the State.
7777 4 "Descendant" means any living individual who can trace the
7878 5 individual's lineage or ancestry directly or indirectly to an
7979 6 enslaved person or persons. "Descendant" includes, but is not
8080 7 limited to, children, grandchildren, great-grandchildren, and
8181 8 subsequent generations, whether through biological or adoptive
8282 9 relationships, as well as individuals with verifiable
8383 10 genealogical evidence or documentation that establishes a
8484 11 familial connection to an enslaved person. The term
8585 12 "descendant" is intended to encompass a broad range of
8686 13 familial connections, recognizing the historical and societal
8787 14 impacts of the institution of slavery on the affected
8888 15 individuals and their families.
8989 16 "Eligible redress project" means any reparatory project or
9090 17 program identified by the relevant stakeholders for
9191 18 reparations in tandem with the Illinois Legislative Black
9292 19 Caucus.
9393 20 "Enslaved person" means any person who lived in the United
9494 21 States or the territories that preceded the establishment of
9595 22 the United States that became part of the United States:
9696 23 (1) who was subject to the will of another;
9797 24 (2) who was deemed by law to be the property of
9898 25 another;
9999 26 (3) whose person and services were wholly under the
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110110 1 control of another in a state of enforced compulsory
111111 2 service; and
112112 3 (4) who could not legally leave enforced compulsory
113113 4 service to another on such person's own volition at any
114114 5 time during the person's lifetime and during the
115115 6 Enslavement Era.
116116 7 "Enslavement Era" means the historical period during which
117117 8 the institution of slavery was legally recognized, practiced,
118118 9 and enforced in the United States, spanning from the early
119119 10 17th Century until the ratification of the 13th Amendment to
120120 11 the United States Constitution in 1865.
121121 12 "Investment" means to make use of an enslaved person for
122122 13 future benefits or advantages.
123123 14 "Office" means the Illinois Office of Equity.
124124 15 "Participant" means a person or entity who participated in
125125 16 slaveholding or participated in the slave trade.
126126 17 "Participation in slaveholding" means having been a
127127 18 slaveholder during the Enslavement Era.
128128 19 "Participation in the slave trade" means having:
129129 20 (1) issued slavery insurance policies, including, but
130130 21 not limited to, policies issued to slaveholders for damage
131131 22 to or death of enslaved persons and policies issued to
132132 23 insure business transactions and operations related to the
133133 24 traffic in enslaved persons;
134134 25 (2) purchased, sold, or held enslaved persons for the
135135 26 purposes of transferring them;
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146146 1 (3) provided loans to others to facilitate the
147147 2 purchase, sale, transport, or enslavement of enslaved
148148 3 persons;
149149 4 (4) used enslaved persons as collateral for insurance
150150 5 policies, loans, or other transactions;
151151 6 (5) facilitated the traffic in enslaved persons by
152152 7 transporting such persons by boat or rail; or
153153 8 (6) provided any other services to aid and abet the
154154 9 traffic in enslaved persons.
155155 10 "Predecessor entity" means an entity whose ownership,
156156 11 title, and interest, including all rights, benefits, duties,
157157 12 and liabilities were acquired in an uninterrupted chain of
158158 13 succession by the entity.
159159 14 "Profit" means any economic advantage or financial benefit
160160 15 derived from the use of enslaved persons.
161161 16 "Related party" means any parent entity, subsidiary, or
162162 17 predecessor entity of the contractor or company.
163163 18 "Slaveholder" means an individual holder of an enslaved
164164 19 person or an owner of a company that held enslaved persons for
165165 20 the purpose of labor, purchase, sale, or financing.
166166 21 "Slavery era insurance" means slavery insurance policies,
167167 22 including, but not limited to, policies issued to participants
168168 23 for damage to or death of enslaved persons and policies issued
169169 24 to insure business transactions and operations related to the
170170 25 traffic in enslaved persons; evidence of the purchase and sale
171171 26 of enslaved persons; provision of loans to purchase enslaved
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182182 1 persons; or the use of enslaved persons as collateral for
183183 2 insurance policies, loans, or other transactions.
184184 3 "Slave trade" means: (1) all acts involved in the capture,
185185 4 acquisition, or disposal of a person with the intent to reduce
186186 5 that person to slavery; (2) all acts involved in the
187187 6 acquisition of an enslaved person with a view to selling or
188188 7 exchanging that enslaved person; and (3) all acts of disposal
189189 8 by sale or exchange of an enslaved person, including acts
190190 9 involved in the facilitation of these exchanges through the
191191 10 provision of financial vehicles or insurance.
192192 11 Section 10. Purpose.
193193 12 (a) Numerous American businesses across various
194194 13 industries, including insurance, banking, tobacco, cotton,
195195 14 sugar, railroads, and shipping, reaped substantial profits by
196196 15 exploiting the uncompensated labor of enslaved persons.
197197 16 Consequently, these businesses and the individuals managing
198198 17 them directly profited from the labor of enslaved persons and
199199 18 directly benefited from insurance policies that insured
200200 19 enslaved persons. This intertwining of economic interests
201201 20 highlights the extent to which the exploitation of enslaved
202202 21 persons permeated the foundation of various American
203203 22 industries. However, very few American industries and the
204204 23 underlying businesses and individuals have adequately
205205 24 acknowledged their connection to the Enslavement Era.
206206 25 (b) The citizens of Illinois, including descendants of
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217217 1 enslaved persons, are entitled to complete transparency
218218 2 regarding any involvement or profits acquired through slavery
219219 3 by companies seeking to conduct business in the State. This
220220 4 disclosure is essential to ensure that the community is
221221 5 informed about the historical connections and practices of the
222222 6 companies operating within its jurisdiction, fostering a
223223 7 culture of accountability and responsible business practices.
224224 8 (c) This Act is a call to the companies that participated
225225 9 in slaveholding and the slave trade to acknowledge and address
226226 10 the enduring impacts of the Enslavement Era on our society,
227227 11 and to promote responsible corporate citizenship. It is
228228 12 essential for companies to recognize their historical
229229 13 connections to the Enslavement Era and take responsibility for
230230 14 any past actions that have contributed to the perpetuation of
231231 15 inequities. By actively engaging in redress efforts,
232232 16 corporations demonstrate their commitment to fostering a more
233233 17 just and equitable society. Remedying the harms resulting from
234234 18 the crimes and atrocities of the Enslavement Era is not only a
235235 19 moral imperative and an international standard but also a
236236 20 crucial step toward ensuring a cohesive and inclusive
237237 21 community. This Act serves to facilitate corporate
238238 22 transparency and accountability and to encourage the
239239 23 implementation of concrete measures aimed at alleviating the
240240 24 long-lasting adverse effects of the slave trade on descendants
241241 25 of enslaved persons.
242242 26 (d) The purpose of this Act is to:
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253253 1 (1) promote the investigation of any participation in
254254 2 slaveholding, the slave trade, or both by companies or
255255 3 contractors that do business with the State;
256256 4 (2) establish a system that (i) makes publicly
257257 5 available full and accurate disclosure of company or
258258 6 contractor records related to the participation in
259259 7 slaveholding, the slave trade, or both, (ii) provides the
260260 8 opportunity for public notice and comment before the State
261261 9 contracts with companies or contractors that participated
262262 10 in slaveholding or the slave trade, and (iii) requires
263263 11 disclosure, to the extent applicable, of any records
264264 12 indicating:
265265 13 (A) whether the company or contractor was a party
266266 14 to any insurance policy related to slaveholding;
267267 15 (B) evidence of the purchase, sale, or lease of
268268 16 enslaved persons by the company or contractor;
269269 17 (C) evidence of the use by the company or
270270 18 contractor of enslaved persons as collateral for
271271 19 insurance policies, loans, or other transactions;
272272 20 (D) evidence of the provision, or receipt, of
273273 21 loans by the company or contractor to purchase
274274 22 enslaved persons;
275275 23 (E) evidence of insuring transactions for enslaved
276276 24 persons; and
277277 25 (F) any other company or contractor records
278278 26 evidencing participation in slaveholding or
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289289 1 participation in the slave trade;
290290 2 (3) encourage corporate transparency and
291291 3 accountability through the establishment of a process
292292 4 pursuant to which the Office shall develop and fund
293293 5 eligible redress projects to assist in redress efforts;
294294 6 and
295295 7 (4) establish a governance structure to monitor and
296296 8 enforce the provisions of this Act.
297297 9 Section 15. Findings.
298298 10 (a) Insurance policies from the Enslavement Era, which
299299 11 have been discovered in the archives of several insurance
300300 12 companies, document insurance coverage to slaveholders for
301301 13 damage to or death of enslaved persons. In some cases,
302302 14 existing insurance firms or their predecessor firms issued
303303 15 these policies.
304304 16 (b) Records may exist that show that various companies,
305305 17 either directly or through their parent entities, subsidiaries
306306 18 or predecessors in interest or otherwise, bought or sold
307307 19 enslaved persons, used enslaved persons as collateral for
308308 20 insurance policies or other transactions, provided loans to
309309 21 purchase enslaved persons, insured those transactions, and
310310 22 provided related or other services to aid and abet those
311311 23 transactions.
312312 24 (c) These insurance policies, loan documents, and other
313313 25 documents and records provide evidence of ill-gotten profits
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324324 1 from slavery. Slaveholders and those involved in the slave
325325 2 trade, in turn, profited from the uncompensated labor of
326326 3 enslaved persons, even if those profits have long since been
327327 4 redistributed to shareholders. Industries that profited in
328328 5 this manner include, but are not limited to, capitalized
329329 6 insurers, financial service providers, textile companies,
330330 7 tobacco companies, railroad companies, shipping companies, the
331331 8 rice industry, the sugar industry, and entities in other
332332 9 industries whose successors in interest remain in existence
333333 10 today.
334334 11 (d) The General Assembly finds and declares that the fact
335335 12 that slavery was legal in certain parts of the United States at
336336 13 the time that it occurred does not make the practice any less
337337 14 repugnant, abhorrent, or deplorable, nor does it in any way
338338 15 diminish the gravity of these wrongs or the importance of
339339 16 rectifying and remediating these tragedies.
340340 17 (e) Many Illinois residents are descendants of enslaved
341341 18 persons and their ancestors were defined as property,
342342 19 dehumanized, separated from their families, coerced into
343343 20 performing labor without appropriate compensation or benefits,
344344 21 and were assaulted and abused. Enslaved persons were treated
345345 22 as chattel in every sense of the word, including being used as
346346 23 collateral for insurance policies, loans, and other
347347 24 transactions, and, in some instances, their ancestors' owners
348348 25 were compensated for damages by insurers.
349349 26 (f) Appropriate compensation to enslaved persons for their
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360360 1 labor otherwise would have been bequeathed to their
361361 2 descendants. As a result, companies and individuals who
362362 3 profited from the labor of enslaved persons were unjustly
363363 4 enriched.
364364 5 (g) Residents of Illinois are entitled to the full
365365 6 disclosure of any and all information regarding the
366366 7 above-described transactions, and respect and recognition of
367367 8 the dignity of the enslaved persons and their descendants
368368 9 requires it.
369369 10 (h) The General Assembly formally acknowledges the loss of
370370 11 assets that rightfully should be the property of descendants
371371 12 in the United States and extends its apologies to descendants
372372 13 who continue to suffer the legacy of slavery.
373373 14 (i) The General Assembly finds that full disclosure of the
374374 15 facts and acknowledgment of the depth and scope of the
375375 16 participation in slaveholding and the slave trade and public
376376 17 hearings with respect thereto furthers the public interest by
377377 18 recognizing the dignity of enslaved persons and descendants
378378 19 and promotes healing in the State for enslaved persons,
379379 20 descendants, and those who participated in slaveholding or the
380380 21 slave trade.
381381 22 (j) The General Assembly finds that public disclosure and
382382 23 public hearings based on those disclosures will promote
383383 24 knowledge of the nature and scope of the slaveholding and
384384 25 slave trading activities in Illinois and thereby will promote
385385 26 healing.
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396396 1 (k) The State of Illinois finds that the establishment of
397397 2 a fund, to which companies and contractors subject to this Act
398398 3 shall make monetary contributions, will promote healing and
399399 4 assist the State of Illinois in rectifying and remedying some
400400 5 of the shameful legacies of slaveholding and the slave trade,
401401 6 thereby protecting and promoting the dignity and welfare of
402402 7 Illinois residents and the Illinois community.
403403 8 Section 17. Powers of the Administrator. The Administrator
404404 9 has the authority to take all actions necessary to implement
405405 10 and enforce this Act, subject to the direction and oversight
406406 11 of the Office.
407407 12 Section 20. Compliance.
408408 13 (a) Each contractor that participates in a competitive
409409 14 bidding process with the State of Illinois shall complete an
410410 15 affidavit certifying that, to the knowledge of the contractor,
411411 16 the contractor has reviewed the records that are in its
412412 17 possession or control or which, following due inquiry, are
413413 18 publicly available, including records of any related party,
414414 19 for evidence of the contractor's or related party's
415415 20 participation in slaveholding or the slave trade. If the
416416 21 contractor or any related party to the contractor has
417417 22 participated in slaveholding or the slave trade, the affidavit
418418 23 shall, to the extent known to contractor, further disclose the
419419 24 names and ages of each enslaved person and slaveholder
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430430 1 described in the records or information, as well as the
431431 2 evidence of transactions whereby the contractor, its parent
432432 3 entities, subsidiaries, or predecessors entities benefited or
433433 4 profited from participation in slaveholding or participation
434434 5 in the slave trade.
435435 6 Beginning 30 days after the effective date of this Act,
436436 7 all contractors that participate in a competitive bidding
437437 8 process with the State of Illinois shall submit a completed
438438 9 affidavit to the Office by no later than 30 days before the
439439 10 submission of the bid to contract with the State. If
440440 11 additional time is needed for investigation or review, the
441441 12 contractor shall submit a request for extension to the Office
442442 13 no later than 30 days before the submission of the bid. The
443443 14 request for extension shall provide an overview of the scope
444444 15 and nature of the investigation or review and an explanation
445445 16 of why additional time is needed to complete the disclosure.
446446 17 The contractor shall provide updates regarding completion of
447447 18 the affidavit to the Office every 30 days as necessary.
448448 19 Notwithstanding the foregoing, the contractor shall submit a
449449 20 completed affidavit no later than 90 days after the
450450 21 contractor's submission of a bid.
451451 22 (b) All records disclosed in each contractor's affidavit
452452 23 shall be reviewed by the Administrator to determine whether
453453 24 the contractor or any related party to the contractor
454454 25 participated in slaveholding or the slave trade.
455455 26 (c) The Administrator, after consultation with the Office,
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466466 1 shall publish, within 90 days after submission of the
467467 2 affidavit, a public report based on the disclosures in the
468468 3 affidavit of each contractor that is found to have
469469 4 participated in slaveholding or the slave trade. The report
470470 5 shall summarize the nature of the contractor's or related
471471 6 party's participation in slaveholding and the slave trade,
472472 7 including all relevant information and records disclosed in
473473 8 each contractor's affidavit.
474474 9 (d) The Administrator, after consultation with the Office,
475475 10 shall hold a public hearing to discuss the report within 45
476476 11 days of its delivery to the Governor and General Assembly. The
477477 12 Administrator shall make the report publicly available no
478478 13 later than 10 business days before the scheduled date of the
479479 14 public hearing. A representative for the contractor shall
480480 15 attend the public hearing and answer any and all questions
481481 16 from Illinois officials and members of the public. The public
482482 17 hearing shall be held in an accessible public facility,
483483 18 accommodate virtual participation, and be recorded and
484484 19 published publicly.
485485 20 (e) The Administrator shall provide notice of the public
486486 21 hearing to the public no later than 7 business days before the
487487 22 scheduled date of the public hearing and provide notice of the
488488 23 public hearing to a representative of the contractor that is
489489 24 the subject of the report no later than 10 business days before
490490 25 the scheduled date of the public hearing.
491491 26 (f) Following the public hearing, the Administrator shall
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502502 1 provide annual reports regarding further findings or
503503 2 disclosures on the part of any company or contractor found to
504504 3 have participated in slaveholding and the slave trade, if any.
505505 4 (g) Hard copies of the initial and each annual report
506506 5 shall be maintained at all University of Illinois Campus
507507 6 libraries and shall be made available for public inspection
508508 7 upon request.
509509 8 (h) A link to a webpage titled "Enslavement Disclosure and
510510 9 Redress" shall be placed on the State of Illinois Internet
511511 10 homepage. This Act, and all information pertaining to this
512512 11 Act, including names of all contractors who participated in
513513 12 slaveholding and the slave trade, affidavits, reports, public
514514 13 hearings, contracts, and redress actions, shall be publicly
515515 14 accessible through that link.
516516 15 Section 25. Redress Fund; eligible redress projects.
517517 16 (a) The Redress Fund is hereby established as a special
518518 17 fund in the State treasury. Moneys in the Fund shall be used by
519519 18 the Administrator for the purposes described in this Section.
520520 19 Moneys in the Fund shall be used for purposes, including, but
521521 20 not limited to, providing educational support and support for
522522 21 economic development in the economically depressed areas of
523523 22 Illinois subjected to Jim Crow (apartheid) federal and State
524524 23 actions, such as redlining, or where a significant proportion
525525 24 of private property was seized or otherwise directly impacted
526526 25 in relation to projects conducted under the auspices of United
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537537 1 States Department of Housing and Urban Development grants for
538538 2 urban renewal programs.
539539 3 (b) The Administrator, after consultation with the Office,
540540 4 shall prepare guidelines for the use of moneys in the Fund and
541541 5 present those guidelines to the Illinois Legislative Black
542542 6 Caucus for approval no later than April 30, 2026. Thereafter,
543543 7 the Administrator shall make funding decisions in accordance
544544 8 with the guidelines and provide an annual report to the Office
545545 9 identifying the recipients of funds and the amount of funds
546546 10 contributed to each recipient.
547547 11 (c) Each contractor who has disclosed participation in
548548 12 slaveholding or the slave trade shall provide the State of
549549 13 Illinois with a statement of financial redress at the time of
550550 14 submitting its bid. The statement of redress shall include a
551551 15 description of any amounts committed to the Redress Fund to
552552 16 date or programs developed or funded, or to be developed or
553553 17 funded, by the contractor.
554554 18 (d) The contractor shall provide its financial
555555 19 contributions to the Redress Fund within 30 days after the
556556 20 effective date of its contract.
557557 21 (e) The Administrator, after consultation with the Office
558558 22 and the State Treasurer, shall monitor all contractors that
559559 23 are subject to this Act in submitting their statements of
560560 24 redress. The Administrator, after consultation with the Office
561561 25 and the State Treasurer, shall prepare a report on
562562 26 contributions to and expenditures from the Redress Fund and
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573573 1 each project funded by this Act, including the name of each
574574 2 project, the cost of each project, the goal of each project,
575575 3 and the authorized redress entities carrying out each project.
576576 4 The report shall be submitted to the Governor, the General
577577 5 Assembly, and the public as required under this Act.
578578 6 Section 30. Administration. The Administrator, after
579579 7 consultation with the Office, shall:
580580 8 (1) adopt rules to implement this Act within 60 days
581581 9 after the effective date of this Act;
582582 10 (2) develop a form disclosure statement and affidavit
583583 11 within 60 days after the effective date of this Act;
584584 12 (3) adopt rules that specify the form and content of
585585 13 the report required in instances where a company or
586586 14 contractor has participated in slaveholding or the slave
587587 15 trade;
588588 16 (4) administer the requirements of this Act and
589589 17 monitor compliance through the Administrator, including
590590 18 investigation of alleged violations;
591591 19 (5) publish and make open for public review annual
592592 20 reports detailing the compliance and noncompliance of
593593 21 relevant companies or contractors; and
594594 22 (6) hold at least one public hearing each year to
595595 23 discuss implementation efforts, annual reports, materials
596596 24 generated by compliance with this Act, and other relevant
597597 25 matters.
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608608 1 Section 35. Enforcement.
609609 2 (a) Failure to comply with the requirements of this Act
610610 3 shall result in the following sanctions:
611611 4 (1) Any contractor who fails to submit the required
612612 5 affidavit within the specified timeframe shall be debarred
613613 6 from participation in the then current bid with the State
614614 7 of Illinois.
615615 8 (2) Any contractor who willfully or negligently
616616 9 submits a false affidavit or other statement, or neglects
617617 10 to submit the required disclosure, shall be debarred from
618618 11 participation in the then current bid with the State of
619619 12 Illinois.
620620 13 (3) The State of Illinois reserves the right to debar
621621 14 the contractor from participation in the then current bid
622622 15 by providing notice of termination to any contractor after
623623 16 discovering the deficiency in the contractor's disclosure.
624624 17 Notwithstanding the foregoing, a contractor may cure any
625625 18 false or materially false statement, or misstatement by
626626 19 submitting an amended disclosure within 30 days of receipt
627627 20 of the notice of debarment of the contractor. Failure to
628628 21 cure any false or materially false statements within the
629629 22 specified timeframe shall result in the contractor's
630630 23 debarment from participating in the current bid with the
631631 24 State of Illinois and termination of the contractor's
632632 25 contract with the State of Illinois no later than 60 days
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643643 1 after such failure to cure.
644644 2 (4) Any contractor who fails to contribute to the
645645 3 Redress Fund within the specified timeframe shall be
646646 4 subject to automatic termination of its contract with the
647647 5 State of Illinois, provided that the contractor receives
648648 6 notice from the State of Illinois of termination after
649649 7 discovering the contractor's failure to contribute to the
650650 8 Redress Fund. Notwithstanding the foregoing, a contractor
651651 9 may cure such failure to contribute by making the
652652 10 committed contribution to the Redress Fund within 30 days
653653 11 of receipt of the notice of termination of the contract.
654654 12 (5) The following parties may bring an action under
655655 13 this Act against a company or contractor subject to this
656656 14 Act to enforce its provisions:
657657 15 (A) the Office; and
658658 16 (B) any Illinois resident.
659659 17 (b) Relief under this Act shall include, but shall not be
660660 18 limited to, an injunction to mandate the necessary disclosure
661661 19 required under this Act or to correct any misstatement, as
662662 20 well as reasonable attorney's fees and costs. All or a portion
663663 21 of any damages awarded shall be payable to the Redress Fund.
664664 22 Section 97. Severability. The provisions of this Act are
665665 23 severable under Section 1.31 of the Statute on Statutes.
666666 24 Section 900. The Illinois Administrative Procedure Act is
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677677 1 amended by adding Section 5-45.62 as follows:
678678 2 (5 ILCS 100/5-45.62 new)
679679 3 Sec. 5-45.62. Emergency rulemaking; Enslavement Era
680680 4 Disclosure and Redress Act. To provide for the expeditious and
681681 5 timely implementation of the Enslavement Era Disclosure and
682682 6 Redress Act, emergency rules implementing the Enslavement Era
683683 7 Disclosure and Redress Act may be adopted in accordance with
684684 8 Section 5-45 by the Illinois Office of Equity. The adoption of
685685 9 emergency rules authorized by Section 5-45 and this Section is
686686 10 deemed to be necessary for the public interest, safety, and
687687 11 welfare.
688688 12 This Section is repealed one year after the effective date
689689 13 of this amendatory Act of the 104th General Assembly.
690690 14 Section 905. The State Finance Act is amended by adding
691691 15 Section 5.1030 as follows:
692692 16 (30 ILCS 105/5.1030 new)
693693 17 Sec. 5.1030. The Redress Fund.
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