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Illinois House Bill HB1560

Illinois 2025-2026 Regular Session

Illinois House Bill HB1560 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1560 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. LRB104 05996 HLH 16029 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1560 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. LRB104 05996 HLH 16029 b LRB104 05996 HLH 16029 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1560 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.
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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 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1818 8 (Section scheduled to be repealed on June 30, 2029)
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
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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.
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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,
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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,
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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,
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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 vendor
191191 16 to meet a goal established pursuant to this Act, the vendor
192192 17 shall have the right to request a waiver from such
193193 18 requirements prior to the contract award. The Business
194194 19 Enterprise Program shall evaluate a vendor's request for a
195195 20 waiver based on the vendor's documented good faith efforts to
196196 21 meet the contract-specific Business Enterprise Program goal.
197197 22 The Council shall grant the waiver when the contractor
198198 23 demonstrates that there has been made a good faith effort to
199199 24 comply with the goals for participation by businesses owned by
200200 25 minorities, women, and persons with disabilities. Any such
201201 26 waiver shall also be transmitted in writing to the Bureau on
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212212 1 Apprenticeship Programs and Clean Energy Jobs. A waiver shall
213213 2 be deemed granted if the Council does not make a determination
214214 3 on the waiver within 30 business days after the initial
215215 4 request for a waiver by the contractor.
216216 5 (a) Request for waiver. A vendor's request for a
217217 6 waiver under this subsection (3) must include, but is not
218218 7 limited to, the following:
219219 8 (i) a list of eligible businesses owned by
220220 9 minorities, women, and persons with disabilities that
221221 10 pertain to the the class of contracts in the requested
222222 11 waiver that were contacted by the vendor. Eligible
223223 12 businesses are only eligible if the business is
224224 13 certified for the products or work advertised in the
225225 14 solicitation or bid;
226226 15 (ii) (blank);
227227 16 (iia) a clear demonstration that the vendor
228228 17 selected portions of the work to be performed by
229229 18 certified vendors to facilitate meeting the contract
230230 19 specific goal, and that certified vendors that have
231231 20 the capability to perform the work of the contract
232232 21 were solicited through all reasonable and available
233233 22 means;
234234 23 (iib) documentation demonstrating that certified
235235 24 vendors are not rejected as being unqualified without
236236 25 sound reasons based on a thorough investigation of
237237 26 their capabilities. The certified vendor's standing
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248248 1 within its industry, membership in specific groups,
249249 2 organizations, or associations, and political or
250250 3 social affiliations are not legitimate causes for
251251 4 rejecting or not contacting or negotiating with a
252252 5 certified vendor;
253253 6 (iic) proof that the prime vendor solicited
254254 7 eligible certified vendors with: (1) sufficient time
255255 8 to respond; (2) adequate information about the scope,
256256 9 specifications, and requirements of the solicitation
257257 10 or bid, including plans, drawings, and addenda, to
258258 11 allow eligible businesses an opportunity to respond to
259259 12 the solicitation or bid; and (3) sufficient follow up
260260 13 with certified vendors;
261261 14 (iid) a clear demonstration that the prime vendor
262262 15 communicated with certified vendors;
263263 16 (iie) evidence that the prime vendor negotiated
264264 17 with certified vendors to enter into subcontracts to
265265 18 provide a commercially useful function of the contract
266266 19 for a reasonable cost;
267267 20 (iii) documentation demonstrating that the
268268 21 difference in cost between the contract proposals
269269 22 being offered by certified vendors is excessive or
270270 23 unreasonable;
271271 24 (iv) a list of certified vendors owned by
272272 25 minorities, women, and persons with disabilities that
273273 26 the contractor has used in the current and prior
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284284 1 fiscal years;
285285 2 (v) documentation demonstrating that the vendor
286286 3 made efforts to utilize certified vendors despite the
287287 4 ability or desire of a vendor to perform the work with
288288 5 its own operations by selecting portions of the work
289289 6 to be performed by certified vendors, which may, when
290290 7 appropriate, include breaking out portions of the work
291291 8 to be performed into economically feasible units to
292292 9 facilitate certified vendor participation; and
293293 10 (vi) documentation that the vendor used the
294294 11 services of: (1) the State; (2) organizations or
295295 12 contractors' groups representing or composed of
296296 13 minorities, women, or persons with disabilities; (3)
297297 14 local, State, or federal assistance offices
298298 15 representing or assisting minorities, women, or
299299 16 persons with disabilities; and (4) other organizations
300300 17 that provide assistance in the recruitment and
301301 18 engagement of certified vendors.
302302 19 If any of the information required under this
303303 20 subdivision (a) is not available to the vendor, despite
304304 21 the vendor's good faith efforts to obtain the information,
305305 22 the vendor's request for a waiver must contain a written
306306 23 explanation of why that information is not included.
307307 24 (b) Determination. The Council's determination
308308 25 concerning waivers must include following:
309309 26 (i) the justification for the requested waiver,
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320320 1 including whether the requesting vendor made a good
321321 2 faith effort to identify and solicit certified vendors
322322 3 based on the criteria set forth in this Section;
323323 4 (ii) the total number of waivers the vendor has
324324 5 been granted by the Council in the current and prior
325325 6 fiscal years;
326326 7 (iii) (blank); and
327327 8 (iv) the vendor's use of businesses owned by
328328 9 minorities, women, and persons with disabilities in
329329 10 the current and prior fiscal years.
330330 11 (3.5) (Blank).
331331 12 (4) Conflict with other laws. In the event that any State
332332 13 contract, which otherwise would be subject to the provisions
333333 14 of this Act, is or becomes subject to federal laws or
334334 15 regulations which conflict with the provisions of this Act or
335335 16 actions of the State taken pursuant hereto, the provisions of
336336 17 the federal laws or regulations shall apply and the contract
337337 18 shall be interpreted and enforced accordingly.
338338 19 (5) Each chief procurement officer, as defined in the
339339 20 Illinois Procurement Code, shall maintain on his or her
340340 21 official Internet website a database of the following: (i)
341341 22 waivers granted under this Section with respect to contracts
342342 23 under his or her jurisdiction; (ii) a State agency or public
343343 24 institution of higher education's written request for an
344344 25 exemption of an individual contract or an entire class of
345345 26 contracts; and (iii) the Council's written determination
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356356 1 granting or denying a request for an exemption of an
357357 2 individual contract or an entire class of contracts. The
358358 3 database, which shall be updated periodically as necessary,
359359 4 shall be searchable by contractor name and by contracting
360360 5 State agency.
361361 6 (6) Each chief procurement officer, as defined by the
362362 7 Illinois Procurement Code, shall maintain on its website a
363363 8 list of all vendors that have been prohibited from bidding,
364364 9 offering, or entering into a contract with the State of
365365 10 Illinois as a result of violations of this Act.
366366 11 Each public notice required by law of the award of a State
367367 12 contract shall include for each bid or offer submitted for
368368 13 that contract the following: (i) the bidder's or offeror's
369369 14 name, (ii) the bid amount, (iii) the name or names of the
370370 15 certified vendors identified in the bidder's or offeror's
371371 16 submitted utilization plan, and (iv) the percentage of the
372372 17 contract awarded to each certified vendor that is a business
373373 18 owned by minorities, women, and persons with disabilities
374374 19 identified in the utilization plan.
375375 20 (Source: P.A. 102-29, eff. 6-25-21; 102-662, eff. 9-15-21;
376376 21 103-570, eff. 1-1-24.)
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