Bill Text: IL SB2042 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that the Business Enterprise Council has the authority and responsibility to, among other authorities and responsibilities, (1) devise a certification procedure that certifies like certifications, including, but not limited to, such certifications for the City of Chicago and Cook County, and (2) annually evaluate certification procedures to ensure efficient standardization with like certifications to ensure current procedures do not cause undue burden to potential vendors owned by minorities, women or persons with disabilities.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2042 Detail]

Download: Illinois-2019-SB2042-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2042 Introduced 2/15/2019, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
30 ILCS 575/5 from Ch. 127, par. 132.605
Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that the Business Enterprise Council has the authority and responsibility to, among other authorities and responsibilities, (1) devise a certification procedure that certifies like certifications, including, but not limited to, such certifications for the City of Chicago and Cook County, and (2) annually evaluate certification procedures to ensure efficient standardization with like certifications to ensure current procedures do not cause undue burden to potential vendors owned by minorities, women or persons with disabilities.
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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 5 as follows:
(30 ILCS 575/5) (from Ch. 127, par. 132.605)
(Section scheduled to be repealed on June 30, 2020)
Sec. 5. Business Enterprise Council.
(1) To help implement, monitor and enforce the goals of
this Act, there is created the Business Enterprise Council for
Minorities, Women, and Persons with Disabilities, hereinafter
referred to as the Council, composed of the Secretary of Human
Services and the Directors of the Department of Human Rights,
the Department of Commerce and Economic Opportunity, the
Department of Central Management Services, the Department of
Transportation and the Capital Development Board, or their duly
appointed representatives, with the Comptroller, or his or her
designee, serving as an advisory member of the Council. Ten
individuals representing businesses that are minority-owned or
women-owned or owned by persons with disabilities, 2
individuals representing the business community, and a
representative of public institutions of higher education

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shall be appointed by the Governor. These members shall serve 2
year terms and shall be eligible for reappointment. Any vacancy
occurring on the Council shall also be filled by the Governor.
Any member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed
shall be appointed for the remainder of such term. Members of
the Council shall serve without compensation but shall be
reimbursed for any ordinary and necessary expenses incurred in
the performance of their duties.
The Director of the Department of Central Management
Services shall serve as the Council chairperson and shall
select, subject to approval of the council, a Secretary
responsible for the operation of the program who shall serve as
the Division Manager of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Division of the Department
of Central Management Services.
The Director of each State agency and the chief executive
officer of each public institutions of higher education shall
appoint a liaison to the Council. The liaison shall be
responsible for submitting to the Council any reports and
documents necessary under this Act.
(2) The Council's authority and responsibility shall be to:
(a) Devise a certification procedure to assure that
businesses taking advantage of this Act are legitimately
classified as businesses owned by minorities, women, or
persons with disabilities.

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(b) Maintain a list of all businesses legitimately
classified as businesses owned by minorities, women, or
persons with disabilities to provide to State agencies and
public institutions of higher education.
(c) Review rules and regulations for the
implementation of the program for businesses owned by
minorities, women, and persons with disabilities.
(d) Review compliance plans submitted by each State
agency and public institutions of higher education
pursuant to this Act.
(e) Make annual reports as provided in Section 8f to
the Governor and the General Assembly on the status of the
program.
(f) Serve as a central clearinghouse for information on
State contracts, including the maintenance of a list of all
pending State contracts upon which businesses owned by
minorities, women, and persons with disabilities may bid.
At the Council's discretion, maintenance of the list may
include 24-hour electronic access to the list along with
the bid and application information.
(g) Establish a toll free telephone number to
facilitate information requests concerning the
certification process and pending contracts.
(h) Devise a certification procedure that certifies
like certifications, including, but not limited to, such
certifications for the City of Chicago and Cook County.

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These procedures shall not add undue burden to potential
vendors owned by minorities, women, or persons with
disabilities.
(i) Annually evaluate certification procedures to
ensure efficient standardization with like certifications
to ensure current procedures do not cause undue burden to
potential vendors owned by minorities, women or persons
with disabilities.
(3) No premium bond rate of a surety company for a bond
required of a business owned by a minority, woman, or person
with a disability bidding for a State contract shall be higher
than the lowest rate charged by that surety company for a
similar bond in the same classification of work that would be
written for a business not owned by a minority, woman, or
person with a disability.
(4) Any Council member who has direct financial or personal
interest in any measure pending before the Council shall
disclose this fact to the Council and refrain from
participating in the determination upon such measure.
(5) The Secretary shall have the following duties and
responsibilities:
(a) To be responsible for the day-to-day operation of
the Council.
(b) To serve as a coordinator for all of the State's
programs for businesses owned by minorities, women, and
persons with disabilities and as the information and

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referral center for all State initiatives for businesses
owned by minorities, women, and persons with disabilities.
(c) To establish an enforcement procedure whereby the
Council may recommend to the appropriate State legal
officer that the State exercise its legal remedies which
shall include (1) termination of the contract involved, (2)
prohibition of participation by the respondent in public
contracts for a period not to exceed 3 years, (3)
imposition of a penalty not to exceed any profit acquired
as a result of violation, or (4) any combination thereof.
Such procedures shall require prior approval by Council.
(d) To devise appropriate policies, regulations and
procedures for including participation by businesses owned
by minorities, women, and persons with disabilities as
prime contractors including, but not limited to, (i)
encouraging the inclusions of qualified businesses owned
by minorities, women, and persons with disabilities on
solicitation lists, (ii) investigating the potential of
blanket bonding programs for small construction jobs,
(iii) investigating and making recommendations concerning
the use of the sheltered market process.
(e) To devise procedures for the waiver of the
participation goals in appropriate circumstances.
(f) To accept donations and, with the approval of the
Council or the Director of Central Management Services,
grants related to the purposes of this Act; to conduct

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seminars related to the purpose of this Act and to charge
reasonable registration fees; and to sell directories,
vendor lists and other such information to interested
parties, except that forms necessary to become eligible for
the program shall be provided free of charge to a business
or individual applying for the program.
(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17;
100-801, eff. 8-10-18.)