Bill Text: IL SB1584 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Modifies the percentages of the total dollar amount of State contracts required to be established as an aspirational goal to be awarded to businesses owned by minorities, women, and persons with disabilities. Requires the Department of Central Management Services to by rule further establish committed diversity aspirational goals (currently, numbers) for State contracts awarded to businesses owned by minorities, women, and persons with disabilities. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB1584 Detail]

Download: Illinois-2021-SB1584-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1584 Introduced 2/26/2021, by Sen. Napoleon Harris, III 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. Modifies the percentages of the total dollar amount of State contracts required to be established as an aspirational goal to be awarded to businesses owned by minorities, women, and persons with disabilities. Requires the Department of Central Management Services to by rule further establish committed diversity aspirational goals (currently, numbers) for State contracts awarded to businesses owned by minorities, women, and persons with disabilities. Makes conforming changes.
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A BILL FOR
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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(Section scheduled to be repealed on June 30, 2024)
Sec. 4. Award of State contracts.
(a) Except as provided in subsection (b), not less than
30% 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 16% 11% shall be
awarded to businesses owned by minorities, contracts
representing at least 10% 7% shall be awarded to women-owned
businesses, and contracts representing at least 4% 2% shall be
awarded to businesses owned by persons with disabilities.
The above percentage relates to the total dollar amount of

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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 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. State contracts subject to the
requirements of this Act shall include the requirement that
only expenditures to businesses owned by minorities, women,
and persons with disabilities that perform a commercially
useful function may be counted toward the goals set forth by
this Act. Contracts shall include a definition of
"commercially useful function" that is consistent with 49 CFR
26.55(c).
(a-5) In addition to the aspirational goals in awarding
State contracts set under subsection (a), the Department of
Central Management Services shall by rule further establish
committed diversity aspirational goals for State contracts
awarded to businesses owned by minorities, women, and persons
with disabilities. Such efforts shall include, but not be
limited to, further concerted outreach efforts to businesses
owned by minorities, women, and persons with disabilities.
(b) Not less than 20% of the total dollar amount of State
construction contracts is established as an aspirational goal
to be awarded to businesses owned by minorities, women, and
persons with disabilities; provided that, contracts

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representing at least 11% of the total dollar amount of State
construction contracts shall be awarded to businesses owned by
minorities; contracts representing at least 7% of the total
dollar amount of State construction contracts shall be awarded
to women-owned businesses; and contracts representing at least
2% of the total dollar amount of State construction contracts
shall be awarded to businesses owned by persons with
disabilities.
(c) (Blank).
(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.
By December 1, 2020, the Department of Central Management
Services shall conduct a new social scientific study that
measures the impact of discrimination on minority and women
business development in Illinois. By June 1, 2022, the
Department shall issue a report of its findings and any
recommendations on whether to adjust the goals for minority

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and women participation established in this Act. Copies of
this report and the social scientific study shall be filed
with the Governor, the Advisory Board, and the General
Assembly. By December 1, 2022, the Department of Central
Management Services Business Enterprise Program shall develop
a model for social scientific disparity study sourcing for
local governmental units to adapt and implement to address
regional disparities in public procurement.
(e) 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. Any
increase in cost to a contract for the addition of a
subcontractor to cure a bid's deficiency shall not affect the
bid price, shall not be used in the request for an exemption in
this Act, and 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

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the contract.
(f) 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 utilization plan, including
documentation demonstrating good faith effort when requesting
a waiver, shall render the bid or offer non-responsive.
(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
101-601, eff. 1-1-20; revised 10-26-20.)