HB 3220

Abstract

Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Defines "good faith effort" for purposes of the Act. Provides factors for determining whether a good faith effort has been made for purposes of granting a waiver under the Act. Provides for a uniform standard of contract goals for State agencies, public institutions of higher education, and other departments. Specifies further requirements concerning the uniform standard of contract goals. Provides that the terms of every contract entered into by a State agency or public institution of higher education for purposes of the Act shall include a provision requiring vendors who fail to comply with a utilization plan to return all funds paid to that vendor with an expectation of compliance. Provides that the Business Enterprise Council may (rather than shall) grant a waiver under specified circumstances. Makes conforming changes. House Floor Amendment No. 1 Adds reference to: 30 ILCS 575/5 from Ch. 127, par. 132.605 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Modifies requirements concerning the establishment of a uniform standard of contract goals by the Business Enterprise Program. Provides that the Secretary of the Business Enterprise Council for Minorities, Women, and Persons with Disabilities shall have the duty 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, among other legal remedies, the imposition of a penalty in the amount of the discrepancy between the commitment contained in a utilization plan, as such amount may be amended over the term of the contract, and the qualifying payments made to the eligible certified vendors listed in the utilization plan. Specifies further requirements concerning exemptions and requests for waivers from specified requirements under the Act. Makes further changes concerning enforcement procedures under the Act. Modifies and adds defined terms for purposes of the Act. Makes conforming and other changes.