Public Act 098-0670
 
SB2761 EnrolledLRB098 16261 MLW 51320 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Department of Transportation Law of the

Civil Administrative Code of Illinois is amended  by changing 
Section 2705-600 as follows:
 
    (20 ILCS 2705/2705-600)
    (Section scheduled to be repealed on June 30, 2014)

    Sec. 2705-600. Target market program. In order to remedy 
particular incidents and patterns of egregious race or gender 
discrimination, the chief procurement officer, in consultation 
with the Department, shall have the power to implement a target 
market program incorporating the following terms:
        (0.5) Each fiscal year, the Department shall review any 
    and all evidence of discrimination related to 
    transportation construction projects.  Evidence of 
    discrimination may include, but is not limited to: (i) the 
    determination of the Department's utilization of 
    minority-owned and female-owned firms in its prime 
    contracts and associated subcontracts; (ii) the 
    availability of minority-owned and female-owned firms in 
    the Department's geographic market areas and specific 
    construction industry markets; (iii) any disparities 
    between the utilization of minority-owned and female-owned 
    firms in the Department's markets and the utilization of 
    those firms on the Department's prime contracts and 
    subcontracts in those markets; (iv) any disparities 
    between the utilization of minority-owned and female-owned 
    firms in the overall construction markets in which the 
    Department purchases and the utilization of those firms in 
    the overall construction economy in which the Department 
    operates; (v) evidence of discrimination in the rates at 
    which minority-owned and female-owned firms in the 
    Department's markets form businesses compared to similar 
    non-minority-owned and non-female-owned firms in the 
    Department's markets and in the dollars earned by such 
    businesses; and (vi) quantitative and qualitative 
    anecdotal evidence of discrimination.  If after reviewing 
    such evidence, the Department finds and the chief 
    procurement officer concurs in the findings that the 
    Department has a strong basis in evidence that it has a 
    compelling interest in remedying the identified 
    discrimination against a specific group, race, or gender, 
    and that the only remedy for such discrimination is a 
    narrowly tailored target market, the chief procurement 
    officer, in consultation with the Department, has the power 
    to establish and implement a target market program tailored 
    to address the specific findings of egregious 
    discrimination made by the Department, after a public 
    hearing at which minority, female, and general contractor 
    groups, community organizations, and other interested 
    parties shall have the opportunity to provide comments. 
        (1)     In January of each year, the Department and the 
    chief procurement officer shall report jointly to the 
    General Assembly the results of any evidentiary inquiries 
    or studies that establish the Department's compelling 
    interest in remedying egregious discrimination based upon  
    strong evidence of the need for a narrowly tailored target 
    market to remedy such discrimination and public hearings 
    held pursuant to this Section, and shall report the actions 
    to be taken to address the findings, including, if 
    warranted, the establishment and implementation of any 
    target market initiatives.
        (2)     The chief procurement officer shall work with the 
    officers and divisions of the Department to determine the 
    appropriate designation of contracts as target market 
    contracts. The chief procurement officer, in consultation 
    with the Department, shall determine appropriate contract 
    formation and bidding procedures for target market 
    contracts, including, but not limited to, the dividing of 
    procurements so designated into contract award units in 
    order to facilitate offers or bids from minority-owned 
    businesses and female-owned businesses and the removal of 
    bid bond requirements for minority-owned businesses and 
    female-owned businesses. Minority-owned businesses and 
    female-owned businesses shall remain eligible to seek the 
    procurement award of contracts that have not been 
    designated as target market contracts.
        (3) The chief procurement officer may make 
    participation in the target market program dependent upon 
    submission to stricter compliance audits than are 
    generally applicable. No contract shall be eligible for 
    inclusion in the target market program unless the 
    Department determines that there are at least 3 
    minority-owned businesses or female-owned businesses 
    interested in participating in that type of contract. The 
    Department, with the concurrence of the chief procurement 
    officer, may develop guidelines to regulate the level of 
    participation of individual minority-owned businesses and 
    female-owned businesses in the target market program in 
    order to prevent the domination of the target market 
    program by a small number of those entities. The Department 
    may require minority-owned businesses and female-owned 
    businesses to participate in training programs offered by 
    the Department or other State agencies as a condition 
    precedent to participation in the target market program.
        (4)     Participation in the target market program shall be 
    limited to minority-owned businesses and female-owned 
    businesses and joint ventures consisting exclusively of 
    minority-owned businesses, female-owned businesses, or 
    both, that are certified as disadvantaged businesses 
    pursuant to the provisions of Section 6(d) of the Business 
    Enterprise for Minorities, Females, and Persons with 
    Disabilities Act. A firm awarded a target market contract 
    may subcontract up to 50% of the dollar value of the target 
    market contract to subcontractors who are not 
    minority-owned businesses or female-owned businesses.
        (5)     The Department may include in the target market 
    program contracts that are funded by the federal government 
    to the extent allowed by federal law and may vary the 
    standards of eligibility of the target market program to 
    the extent necessary to comply with the federal funding 
    requirements.
        (6)     If no satisfactory bid or response is received with 
    respect to a contract that has been designated as part of 
    the target market program, the chief procurement officer, 
    in consultation with the Department, may delete that 
    contract from the target market program. In addition, the 
    chief procurement officer, in consultation with the 
    Department, may thereupon designate and set aside for the 
    target market program additional contracts corresponding 
    in approximate value to the contract that was deleted from 
    the target market program, in keeping with the narrowly 
    tailored process used for selecting contracts suitable for 
    the program and to the extent feasible.
        (7)     The chief procurement officer, in consultation 
    with the Department, shall promulgate such rules as he or 
    she deems necessary to administer the target market 
    program.

    If any part, sentence, or clause of this Section is for any 
reason held invalid or to be unconstitutional, such decision 
shall not affect the validity of the remaining portions of this 
Section.
    This Section is repealed on June 30, 2017 2014. 
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 
for the effective date of P.A. 96-795); 97-228, eff. 7-28-11.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.