Bill Text: IL HB3292 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that solicitations (currently, only Non-construction solicitations) that include Business Enterprise Program participation goals shall require bidders and offerors to include utilization plans. Provides that failure to complete and include a completed utilization plan shall render a bid or offer non-responsive. Provides that those who submit bids or proposals for State contracts, whose bids or proposals are successful and include a completed utilization plan but that fail to meet the goals set forth in the solicitation, shall be notified of that deficiency and shall be afforded a period not to exceed 10 calendar days from the date of notification to cure that deficiency in the bid or proposal. Provides that the deficiency in the bid or proposal may only be cured by contracting with additional subcontractors owned by minorities or women subcontractors, or by increasing the work to be performed by previously identified vendors owned by minorities or women subcontractors. Provides that in no case shall an identified subcontractor with a certification be terminated from the contract without the written consent of the State agency or public institution of higher education entering into the contract. Makes conforming and other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB3292 Detail]

Download: Illinois-2019-HB3292-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3292 Introduced , by Rep. William 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 solicitations (currently, only Non-construction solicitations) that include Business Enterprise Program participation goals shall require bidders and offerors to include utilization plans. Provides that failure to complete and include a completed utilization plan shall render a bid or offer non-responsive. Provides that those who submit bids or proposals for State contracts, whose bids or proposals are successful and include a completed utilization plan but that fail to meet the goals set forth in the solicitation, shall be notified of that deficiency and shall be afforded a period not to exceed 10 calendar days from the date of notification to cure that deficiency in the bid or proposal. Provides that the deficiency in the bid or proposal may only be cured by contracting with additional subcontractors owned by minorities or women subcontractors, or by increasing the work to be performed by previously identified vendors owned by minorities or women subcontractors. Provides that in no case shall an identified subcontractor with a certification be terminated from the contract without the written consent of the State agency or public institution of higher education entering into the contract. Makes conforming and other changes.
LRB101 10153 RJF 55256 b
A BILL FOR
HB3292 LRB101 10153 RJF 55256 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Business Enterprise for Minorities, Women,
and Persons with Disabilities Act is amended by changing
Section 4 as follows:
(30 ILCS 575/4) (from Ch. 127, par. 132.604)
(Section scheduled to be repealed on June 30, 2020)
Sec. 4. Award of State contracts.
(a) Except as provided in subsections (b) and (c), not less
than 20% of the total dollar amount of State contracts, as
defined by the Secretary of the Council and approved by the
Council, shall be established as an aspirational goal to be
awarded to businesses owned by minorities, women, and persons
with disabilities; provided, however, that of the total amount
of all State contracts awarded to businesses owned by
minorities, women, and persons with disabilities pursuant to
this Section, contracts representing at least 11% shall be
awarded to businesses owned by minorities, contracts
representing at least 7% shall be awarded to women-owned
businesses, and contracts representing at least 2% shall be
awarded to businesses owned by persons with disabilities.
The above percentage relates to the total dollar amount of

HB3292 - 2 - LRB101 10153 RJF 55256 b
State contracts during each State fiscal year, calculated by
examining independently each type of contract for each agency
or public institutions of higher education which awards lets
such contracts. Only that percentage of arrangements which
represents the participation of businesses owned by
minorities, women, and persons with disabilities on such
contracts shall be included.
(b) In the case of State construction contracts, the
provisions of subsection (a) requiring a portion of State
contracts to be awarded to businesses owned and controlled by
persons with disabilities do not apply. The following
aspirational goals are established for State construction
contracts: not less than 20% of the total dollar amount of
State construction contracts is established as a goal to be
awarded to minority-owned and women-owned businesses.
(c) In the case of all work undertaken by the University of
Illinois related to the planning, organization, and staging of
the games, the University of Illinois shall establish a goal of
awarding not less than 25% of the annual dollar value of all
contracts, purchase orders, and other agreements (collectively
referred to as "the contracts") to minority-owned businesses or
businesses owned by a person with a disability and 5% of the
annual dollar value the contracts to women-owned businesses.
For purposes of this subsection, the term "games" has the
meaning set forth in the Olympic Games and Paralympic Games
(2016) Law.

HB3292 - 3 - LRB101 10153 RJF 55256 b
(d) Within one year after April 28, 2009 (the effective
date of Public Act 96-8), the Department of Central Management
Services shall conduct a social scientific study that measures
the impact of discrimination on minority and women business
development in Illinois. Within 18 months after April 28, 2009
(the effective date of Public Act 96-8), the Department shall
issue a report of its findings and any recommendations on
whether to adjust the goals for minority and women
participation established in this Act. Copies of this report
and the social scientific study shall be filed with the
Governor and the General Assembly.
(e) (Blank). Except as permitted under this Act or as
otherwise mandated by federal law or regulation, those who
submit bids or proposals for State contracts subject to the
provisions of this Act, whose bids or proposals are successful
and include a utilization plan but that fail to meet the goals
set forth in subsection (b) of this Section, shall be notified
of that deficiency and shall be afforded a period not to exceed
10 calendar days from the date of notification to cure that
deficiency in the bid or proposal. The deficiency in the bid or
proposal may only be cured by contracting with additional
subcontractors who are owned by minorities or women, but in no
case shall an identified subcontractor with a certification
made pursuant to this Act be terminated from the contract
without the written consent of the State agency or public
institution of higher education entering into the contract.

HB3292 - 4 - LRB101 10153 RJF 55256 b
(f) Solicitations Non-construction solicitations that
include Business Enterprise Program participation goals shall
require bidders and offerors to include utilization plans.
Utilization plans are due at the time of bid or offer
submission. Failure to complete and include a completed
utilization plan, including documentation demonstrating good
faith effort if when requesting a waiver, shall render the bid
or offer non-responsive.
Except as permitted under this Act or as otherwise mandated
by federal law or regulation, those who submit bids or
proposals for State contracts, whose bids or proposals are
successful and include a completed utilization plan but that
fail to meet the goals set forth in the solicitation, shall be
notified of that deficiency and shall be afforded a period not
to exceed 10 calendar days from the date of notification to
cure that deficiency in the bid or proposal.
The deficiency in the bid or proposal may only be cured by
contracting with additional subcontractors owned by minorities
or women subcontractors, or by increasing the work to be
performed by previously identified vendors owned by minorities
or women subcontractors. In no case shall an identified
subcontractor with a certification made pursuant to this Act be
terminated from the contract without the written consent of the
State agency or public institution of higher education entering
into the contract.
(Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16;

HB3292 - 5 - LRB101 10153 RJF 55256 b
100-391, eff. 8-25-17.)