IL HB4363

Contractors awarded contracts under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act must submit periodic reports to state agencies documenting all expenditures made to comply with participation requirements.

Reports must include the names and addresses of minority, women, and disability-owned businesses solicited and actually engaged; descriptions of work performed; dates and amounts of expenditures; and other information demonstrating compliance.

Remedies for non-compliance may include damages payable to underutilized minority, women, or disability-owned businesses, with disputes resolved through binding arbitration by an independent arbitrator with attorney's fees recoverable by prevailing businesses.

State agencies may terminate contracts if the prime contractor or any subcontractor misrepresented their status as a minority, women, or disability-owned business; contractors must replace disqualified subcontractors with qualified replacements when not involved in the misrepresentation.

State agencies may access contractor books and records, including payroll, tax returns, and accounting records, upon 5 business days' notice to verify compliance with minority, women, and disability-owned business participation commitments.