Bill Text: IL HR0687 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Encourages the utilization of small, diverse, and veteran-owned firms, as M/WBE and DBE programs have demonstrated success in promoting economic opportunity, equity and access. Supports federal DBE standards and programs to ensure the success of the Illinois Department of Transportation's DBE Program. Urges Congress to take action to protect the USDOT DBE program and M/WBE and DBE programs overall.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2024-05-24 - Resolution Adopted [HR0687 Detail]

Download: Illinois-2023-HR0687-Introduced.html

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HOUSE RESOLUTION
WHEREAS, The Illinois Department of Transportation and the
Illinois Tollway are driving forces for increasing economic
opportunities in the State of Illinois, as both organizations
seek to provide assistance to small and diverse businesses and
individuals interested in doing business in ways that ensure
equity, access, and transparency; and
WHEREAS, Both the Illinois Department of Transportation
and the Illinois Tollway provide small and diverse businesses
and individuals with opportunities to grow and succeed through
training programs, strategic partnerships, and investments in
infrastructure; and
WHEREAS, These programs support long-term success through
training and business development opportunities, as well as a
multitude of economic opportunities created by investments in
infrastructure and the resources to ensure continued growth in
a high-demand industry; and
WHEREAS, Through its Move Illinois Program, the Illinois
Tollway committed more than $2.9 billion to small, diverse,
and veteran-owned firms in construction and professional
services; and

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WHEREAS, The Illinois Department of Transportation has
certified over 2,945 diverse businesses in Illinois; in 2023,
IDOT achieved nearly 19% diverse business utilization on
Federal Highway Administration-funded projects; and
WHEREAS, Now, programs like these for minority-owned and
women-owned businesses (M/W/DBE) are at risk across the
nation; and
WHEREAS, In June 2023, the U.S. Supreme Court ruled in the
case Fair Admissions v. Harvard that the university's use of
race considerations in their undergraduate admissions
processes was impermissible, sparking litigation in an attempt
to extend that reasoning to other settings, such as
transportation and infrastructure contracting; and
WHEREAS, A number of cases challenging M/W/DBE programs
are now before federal courts across the United States; and
WHEREAS, Mid-America Milling Company v. USDOT was filed in
October 2023; plaintiffs, who are based in southern Indiana,
have requested that the U.S. District Court, Eastern District
of Kentucky enter a nationwide USDOT DBE injunction; the
plaintiffs assert that the DBE program is unconstitutional
because it ultimately uses race and gender in government
contracting decisions; the plaintiffs in this case rely

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heavily upon the recently-decided U.S. Supreme Court decision
in Fair Admissions v. Harvard; and
WHEREAS, In Landscape Consultants of Texas and
Metropolitan Landscape Management v. City of Houston and
Midtown Management District, plaintiffs have filed a case in
the U.S. District Court, Southern District of Texas in
September 2023 that challenges local M/W/DBE programs under
the Equal Protection Clause of the U.S. Constitution;
discovery in that case ends in June 2025, and one or both
parties are expected to file motions for summary judgment
shortly thereafter; the threat of similar legislation impacts
M/W/DBE programs employed by local governments such as the
City of Chicago; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
we encourage the utilization of small, diverse, and
veteran-owned firms, as M/WBE and DBE programs have
demonstrated success in promoting economic opportunity, equity
and access; and be it further
RESOLVED, That we support federal DBE standards and
programs to ensure the success of the Illinois Department of
Transportation's DBE Program; and be it further

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