SB 177

Abstract

Amends the Motor Fuel Tax Law. Provides that no municipality, county, or road district that received motor fuel tax distributions totaling more than $1,000,000 in the previous State fiscal year shall receive a future distribution of motor fuel tax moneys unless that municipality, county, or road district implements a business enterprise program setting goals for the inclusion of minority, veteran, and female-owned businesses in the procurement of contracts. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall assist municipalities, counties, and road districts in implementing those programs. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Motor Fuel Tax Law. Provides that, for each fiscal year beginning on or after July 1, 2021, if a municipality, county, or road district received a motor fuel tax distribution totaling more than $1,000,000 in the previous fiscal year, then, in order to receive a distribution for the current fiscal year, that municipality, county, or road district must certify to the Department of Transportation that it has established a minority-owned, women-owned, and veteran-owned business enterprise program consistent with the rules and regulations of the Department of Central Management Services Business Enterprise Program. Provides that the municipality, county, or road district shall accept vendor certification from the State of Illinois, the County of Cook, and the City of Chicago. Provides that, if a Department of Central Management Services study does not support the establishment of a business enterprise program for any local municipality, county, or road district, the requirements shall not apply to that local municipality, county, or road district. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall assist municipalities, counties, and road districts in implementing business enterprise programs. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 20 ILCS 2705/2705-615 new Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 1 with the following changes: (1) provides that the Department of Central Management Services shall establish a model business enterprise program for the procurement of contracts by municipalities, counties, and road districts; (2) provides that program shall take into account the size, geographic location, and general procurement needs of the various municipalities, counties, and road districts of the State; (3) provides that no municipality, county, or road district that received motor fuel tax distributions totaling more than $1,000,000 in the previous State fiscal year shall receive a future distribution of motor fuel tax moneys unless that municipality, county, or road district establishes a minority-owned, women-owned, and veteran-owned business enterprise program that meets or exceeds the requirements of the model program established by the Department of Central Management Services (in Senate Amendment No. 1, the program must be consistent with the rules and regulations of the Department of Central Management Services Business Enterprise Program); and (4) removes provisions requiring the Department of Transportation to assist municipalities in implementing business enterprise programs. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 35 ILCS 505/8 Adds reference to: 30 ILCS 575/8c from Ch. 127, par. 132.608c Replaces everything after the enacting clause. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Makes a technical change in a Section concerning rules and regulations for the establishment and continuation of narrowly tailored sheltered markets. House Floor Amendment No. 2 Deletes reference to: 20 ILCS 2705/2705-615 new 30 ILCS 575/8c 35 ILCS 505/8 Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 30 ILCS 559/20-10 30 ILCS 559/20-15 30 ILCS 559/20-20 30 ILCS 559/20-25 20 ILCS 1505/1505-215 30 ILCS 575/2 30 ILCS 575/4 from Ch. 127, par. 132.604 30 ILCS 575/5 from Ch. 127, par. 132.605 30 ILCS 575/7 from Ch. 127, par. 132.607 720 ILCS 5/17-10.3 Replaces everything after the enacting clause. Amends the Administrative Procedure Act. Provides that emergency rules may be adopted to implement the Illinois Works Jobs Program Act. Amends the Illinois Works Jobs Program Act. Makes changes in provisions governing: definitions; the Illinois Works Preapprenticeship Program; the Illinois Works Bid Credit Program; the Illinois Works Apprenticeship Initiative; and the Illinois Works Review Panel. Amends the Department of Labor Law of the Civil Administrative Code. Deletes provisions creating the Advisory Board for Diversity in Active Apprenticeship Programs. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Changes the definition of "minority person". Provides that State contracts shall require that only expenditures to businesses owned by minorities, women, and persons with disabilities that perform a "commercially useful function" under federal law may be counted toward the goals set forth by the Act. Provides that, 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. Provides that funds collected as penalties under the Act shall be used exclusively for maintenance and further development of the Business Enterprise Program and encouragement of participation by minorities, women, and persons with disabilities in State procurement. Makes other changes concerning: State contracts; the Business Enterprise Council; exemptions; and waivers. Amends the Criminal Code of 2012. Provides that it shall be a Class 2 felony (rather than a Class 1 felony) to commit violations of the Act regarding deception relating to certification of disadvantaged business enterprises. Effective immediately, except that the changes to the Department of Labor Law of the Civil Administrative Code, the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, and the Criminal Code of 2012 are effective January 1, 2020. House Floor Amendment No. 4 Makes technical changes to the bill as amended by House Amendment No. 2.