Bill Text: IL SB0534 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill with the following changes: (1) in provisions creating the Advisory Board for Diversity in Active Apprenticeship Programs, provides that the Board may request necessary information from the Department of Labor, other State agencies, or public institutions of higher education (in the engrossed bill, the Department of Labor only); (2) provides that the Department of Central Management Services shall conduct a second social scientific study measuring the impact of discrimination on minority and women business development in the State; (3) in provisions amending the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, provides that the Business Enterprise Council may charge fees for a written request of contract exemptions; (4) extends the repeal of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act until June 30, 2024; and (5) adds provisions amending the State Construction Minority and Female Building Trades Act to provide that the Department of Labor's report compiling and summarizing demographic trends in the State's building trades apprenticeship programs shall include certain specified information. Effective immediately.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Passed) 2019-07-29 - Public Act . . . . . . . . . 101-0170 [SB0534 Detail]
Download: Illinois-2019-SB0534-Engrossed.html
Bill Title: Reinserts the provisions of the engrossed bill with the following changes: (1) in provisions creating the Advisory Board for Diversity in Active Apprenticeship Programs, provides that the Board may request necessary information from the Department of Labor, other State agencies, or public institutions of higher education (in the engrossed bill, the Department of Labor only); (2) provides that the Department of Central Management Services shall conduct a second social scientific study measuring the impact of discrimination on minority and women business development in the State; (3) in provisions amending the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, provides that the Business Enterprise Council may charge fees for a written request of contract exemptions; (4) extends the repeal of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act until June 30, 2024; and (5) adds provisions amending the State Construction Minority and Female Building Trades Act to provide that the Department of Labor's report compiling and summarizing demographic trends in the State's building trades apprenticeship programs shall include certain specified information. Effective immediately.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Passed) 2019-07-29 - Public Act . . . . . . . . . 101-0170 [SB0534 Detail]
Download: Illinois-2019-SB0534-Engrossed.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Labor Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by adding Section | ||||||
6 | 1505-215 as follows:
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7 | (20 ILCS 1505/1505-215 new) | ||||||
8 | Sec. 1505-215. Bureau on Apprenticeship Programs; Advisory | ||||||
9 | Board. | ||||||
10 | (a) There is created within the Department of Labor a | ||||||
11 | Bureau on Apprenticeship Programs. This Bureau shall work to | ||||||
12 | increase minority participation in active apprentice programs | ||||||
13 | in Illinois that are approved by the United States Department | ||||||
14 | of Labor. The Bureau shall identify barriers to minorities | ||||||
15 | gaining access to construction careers and make | ||||||
16 | recommendations to the Governor and the General Assembly for | ||||||
17 | policies to remove those barriers. The Department may hire | ||||||
18 | staff to perform outreach in promoting diversity in active | ||||||
19 | apprenticeship programs approved by the United States | ||||||
20 | Department of Labor. The Bureau shall annually compile racial | ||||||
21 | and gender workforce diversity information from contractors | ||||||
22 | receiving State or other public funds and by labor unions with | ||||||
23 | members working on projects receiving State or other public |
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1 | funds. | ||||||
2 | (b) There is created the Advisory Board for Diversity in | ||||||
3 | Active Apprenticeship Programs Approved by the United States | ||||||
4 | Department of Labor. This Advisory Board shall be composed of | ||||||
5 | 12 legislators; 3 members appointed by the President of the | ||||||
6 | Senate, 3 members appointed by the Speaker of the House of | ||||||
7 | Representatives, 3 members appointed by the Minority Leader of | ||||||
8 | the Senate, and 3 members appointed by the Minority Leader of | ||||||
9 | the House of Representatives. The President of the Senate and | ||||||
10 | the Speaker of the House of Representatives shall each appoint | ||||||
11 | a co-chairperson. Members of the Advisory Board shall receive | ||||||
12 | no compensation for serving as members of the Advisory Board. | ||||||
13 | The Advisory Board shall meet quarterly. The Advisory Board may | ||||||
14 | request necessary additional information from the Department | ||||||
15 | for the purposes of performing its duties under this Section. | ||||||
16 | The Advisory Board may advise the Department of programs to | ||||||
17 | increase diversity in active apprenticeship programs. The | ||||||
18 | Department shall provide administrative support and staffing | ||||||
19 | for the Advisory Board.
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20 | Section 10. The Business Enterprise for Minorities, Women, | ||||||
21 | and Persons with
Disabilities Act is amended by changing | ||||||
22 | Sections 4, 4f, and 7 as follows:
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23 | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
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24 | (Section scheduled to be repealed on June 30, 2020)
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1 | Sec. 4. Award of State contracts.
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2 | (a) Except as provided in subsections (b) and (c), not less | ||||||
3 | than 20% of
the total dollar amount of State contracts, as | ||||||
4 | defined by the Secretary of
the Council and approved by the | ||||||
5 | Council, shall be established as an aspirational goal to
be | ||||||
6 | awarded to businesses owned by minorities,
women, and persons | ||||||
7 | with disabilities; provided, however, that
of the total amount | ||||||
8 | of all
State contracts awarded to businesses owned by
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9 | minorities, women, and persons with disabilities pursuant to
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10 | this Section, contracts representing at least 11% shall be | ||||||
11 | awarded to businesses owned by minorities, contracts | ||||||
12 | representing at least 7% shall be awarded to women-owned | ||||||
13 | businesses, and contracts representing at least 2% shall be | ||||||
14 | awarded to businesses owned by persons with disabilities.
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15 | The above percentage relates to the total dollar amount of | ||||||
16 | State
contracts during each State fiscal year, calculated by | ||||||
17 | examining
independently each type of contract for each agency | ||||||
18 | or public institutions of higher education which
lets such | ||||||
19 | contracts. Only that percentage of arrangements which | ||||||
20 | represents the participation of businesses owned by
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21 | minorities, women, and persons with disabilities on such | ||||||
22 | contracts shall
be included.
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23 | (b) Not In the case of State construction contracts, the | ||||||
24 | provisions of
subsection (a) requiring a portion of State | ||||||
25 | contracts to be awarded to
businesses owned and controlled by | ||||||
26 | persons with
disabilities do not apply. The following |
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1 | aspirational goals are established for State construction | ||||||
2 | contracts: not less
than 20% of the total dollar amount of | ||||||
3 | State construction contracts is
established as an aspirational | ||||||
4 | a goal to be awarded to businesses owned by minorities, women, | ||||||
5 | and persons with disabilities; provided that, contracts | ||||||
6 | representing at least 11% of the total dollar amount of State | ||||||
7 | construction contracts shall be awarded to businesses owned by | ||||||
8 | minorities; contracts representing at least 7% of the total | ||||||
9 | dollar amount of State construction contracts shall be awarded | ||||||
10 | to women-owned businesses; and contracts representing at least | ||||||
11 | 2% of the total dollar amount of State construction contracts | ||||||
12 | shall be awarded to businesses owned by persons with | ||||||
13 | disabilities minority-owned and women-owned
businesses .
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14 | (c) (Blank). In the case of all work undertaken by the | ||||||
15 | University of Illinois related to the planning, organization, | ||||||
16 | and staging of the games, the University of Illinois shall | ||||||
17 | establish a goal of awarding not less than 25% of the annual | ||||||
18 | dollar value of all contracts, purchase orders, and other | ||||||
19 | agreements (collectively referred to as "the contracts") to | ||||||
20 | minority-owned businesses or businesses owned by a person with | ||||||
21 | a disability and 5% of the annual dollar value the contracts to | ||||||
22 | women-owned businesses. For purposes of this subsection, the | ||||||
23 | term "games" has the meaning set forth in the Olympic Games and | ||||||
24 | Paralympic Games (2016) Law. | ||||||
25 | (d) Within one year after April 28, 2009 (the effective | ||||||
26 | date of Public Act 96-8), the Department of Central Management |
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1 | Services shall conduct a social scientific study that measures | ||||||
2 | the impact of discrimination on minority and women business | ||||||
3 | development in Illinois. Within 18 months after April 28, 2009 | ||||||
4 | (the effective date of Public Act 96-8), the Department shall | ||||||
5 | issue a report of its findings and any recommendations on | ||||||
6 | whether to adjust the goals for minority and women | ||||||
7 | participation established in this Act. Copies of this report | ||||||
8 | and the social scientific study shall be filed with the | ||||||
9 | Governor and the General Assembly. | ||||||
10 | (e) Except as permitted under this Act or as otherwise | ||||||
11 | mandated by federal law or regulation, those who submit bids or | ||||||
12 | proposals for State contracts subject to the provisions of this | ||||||
13 | Act, whose bids or proposals are successful and include a | ||||||
14 | utilization plan but that fail to meet the goals set forth in | ||||||
15 | subsection (b) of this Section, shall be notified of that | ||||||
16 | deficiency and shall be afforded a period not to exceed 10 | ||||||
17 | calendar days from the date of notification to cure that | ||||||
18 | deficiency in the bid or proposal. The deficiency in the bid or | ||||||
19 | proposal may only be cured by contracting with additional | ||||||
20 | subcontractors who are owned by minorities or women, but in no | ||||||
21 | case shall an identified subcontractor with a certification | ||||||
22 | made pursuant to this Act be terminated from the contract | ||||||
23 | without the written consent of the State agency or public | ||||||
24 | institution of higher education entering into the contract. | ||||||
25 | (f) Non-construction solicitations that include Business | ||||||
26 | Enterprise Program participation goals shall require bidders |
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1 | and offerors to include utilization plans. Utilization plans | ||||||
2 | are due at the time of bid or offer submission. Failure to | ||||||
3 | complete and include a utilization plan, including | ||||||
4 | documentation demonstrating good faith effort when requesting | ||||||
5 | a waiver, shall render the bid or offer non-responsive. | ||||||
6 | (Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16; | ||||||
7 | 100-391, eff. 8-25-17.)
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8 | (30 ILCS 575/4f) | ||||||
9 | (Section scheduled to be repealed on June 30, 2020) | ||||||
10 | Sec. 4f. Award of State contracts. | ||||||
11 | (1) It is hereby declared to be the public policy of the | ||||||
12 | State of Illinois to promote and encourage each State agency | ||||||
13 | and public institution of higher education to use businesses | ||||||
14 | owned by minorities, women, and persons with disabilities in | ||||||
15 | the area of goods and services, including, but not limited to, | ||||||
16 | insurance services, investment management services, | ||||||
17 | information technology services, accounting services, | ||||||
18 | architectural and engineering services, and legal services. | ||||||
19 | Furthermore, each State agency and public institution of higher | ||||||
20 | education shall utilize such firms to the greatest extent | ||||||
21 | feasible within the bounds of financial and fiduciary prudence, | ||||||
22 | and take affirmative steps to remove any barriers to the full | ||||||
23 | participation of such firms in the procurement and contracting | ||||||
24 | opportunities afforded. | ||||||
25 | (a) When a State agency or public institution of higher |
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1 | education, other than a community college, awards a | ||||||
2 | contract for insurance services, for each State agency or | ||||||
3 | public institution of higher education, it shall be the | ||||||
4 | aspirational goal to use insurance brokers owned by | ||||||
5 | minorities, women, and persons with disabilities as | ||||||
6 | defined by this Act, for not less than 20% of the total | ||||||
7 | annual premiums or fees ; provided that, contracts | ||||||
8 | representing at least 11% of the total annual premiums or | ||||||
9 | fees shall be awarded to businesses owned by minorities; | ||||||
10 | contracts representing at least 7% of the total annual | ||||||
11 | premiums or fees shall be awarded to women-owned | ||||||
12 | businesses; and contracts representing at least 2% of the | ||||||
13 | total annual premiums or fees shall be awarded to | ||||||
14 | businesses owned by persons with disabilities . | ||||||
15 | (b) When a State agency or public institution of higher | ||||||
16 | education, other than a community college, awards a | ||||||
17 | contract for investment services, for each State agency or | ||||||
18 | public institution of higher education, it shall be the | ||||||
19 | aspirational goal to use emerging investment managers | ||||||
20 | owned by minorities, women, and persons with disabilities | ||||||
21 | as defined by this Act, for not less than 20% of the total | ||||||
22 | funds under management ; provided that, contracts | ||||||
23 | representing at least 11% of the total funds under | ||||||
24 | management shall be awarded to businesses owned by | ||||||
25 | minorities; contracts representing at least 7% of the total | ||||||
26 | funds under management shall be awarded to women-owned |
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1 | businesses; and contracts representing at least 2% of the | ||||||
2 | total funds under management shall be awarded to businesses | ||||||
3 | owned by persons with disabilities . Furthermore, it is the | ||||||
4 | aspirational goal that not less than 20% of the direct | ||||||
5 | asset managers of the State funds be minorities, women, and | ||||||
6 | persons with disabilities. | ||||||
7 | (c) When a State agency or public institution of higher | ||||||
8 | education, other than a community college, awards | ||||||
9 | contracts for information technology services, accounting | ||||||
10 | services, architectural and engineering services, and | ||||||
11 | legal services, for each State agency and public | ||||||
12 | institution of higher education, it shall be the | ||||||
13 | aspirational goal to use such firms owned by minorities, | ||||||
14 | women, and persons with disabilities as defined by this Act | ||||||
15 | and lawyers who are minorities, women, and persons with | ||||||
16 | disabilities as defined by this Act, for not less than 20% | ||||||
17 | of the total dollar amount of State contracts ; provided | ||||||
18 | that, contracts representing at least 11% of the total | ||||||
19 | dollar amount of State contracts shall be awarded to | ||||||
20 | businesses owned by minorities or minority lawyers; | ||||||
21 | contracts representing at least 7% of the total dollar | ||||||
22 | amount of State contracts shall be awarded to women-owned | ||||||
23 | businesses or women who are lawyers; and contracts | ||||||
24 | representing at least 2% of the total dollar amount of | ||||||
25 | State contracts shall be awarded to businesses owned by | ||||||
26 | persons with disabilities or persons with disabilities who |
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1 | are lawyers . | ||||||
2 | (d) When a community college awards a contract for | ||||||
3 | insurance services, investment services, information | ||||||
4 | technology services, accounting services, architectural | ||||||
5 | and engineering services, and legal services, it shall be | ||||||
6 | the aspirational goal of each community college to use | ||||||
7 | businesses owned by minorities, women, and persons with | ||||||
8 | disabilities as defined in this Act for not less than 20% | ||||||
9 | of the total amount spent on contracts for these services | ||||||
10 | collectively ; provided that, contracts representing at | ||||||
11 | least 11% of the total amount spent on contracts for these | ||||||
12 | services shall be awarded to businesses owned by | ||||||
13 | minorities; contracts representing at least 7% of the total | ||||||
14 | amount spent on contracts for these services shall be | ||||||
15 | awarded to women-owned businesses; and contracts | ||||||
16 | representing at least 2% of the total amount spent on | ||||||
17 | contracts for these services shall be awarded to businesses | ||||||
18 | owned by persons with disabilities . When a community | ||||||
19 | college awards contracts for investment services, | ||||||
20 | contracts awarded to investment managers who are not | ||||||
21 | emerging investment managers as defined in this Act shall | ||||||
22 | not be considered businesses owned by minorities, women, or | ||||||
23 | persons with disabilities for the purposes of this Section. | ||||||
24 | (2) As used in this Section: | ||||||
25 | "Accounting services" means the measurement, | ||||||
26 | processing and communication of financial information |
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1 | about economic entities including, but is not limited to, | ||||||
2 | financial accounting, management accounting, auditing, | ||||||
3 | cost containment and auditing services, taxation and | ||||||
4 | accounting information systems. | ||||||
5 | "Architectural and engineering services" means | ||||||
6 | professional services of an architectural or engineering | ||||||
7 | nature, or incidental services, that members of the | ||||||
8 | architectural and engineering professions, and individuals | ||||||
9 | in their employ, may logically or justifiably perform, | ||||||
10 | including studies, investigations, surveying and mapping, | ||||||
11 | tests, evaluations, consultations, comprehensive planning, | ||||||
12 | program management, conceptual designs, plans and | ||||||
13 | specifications, value engineering, construction phase | ||||||
14 | services, soils engineering, drawing reviews, preparation | ||||||
15 | of operating and maintenance manuals, and other related | ||||||
16 | services. | ||||||
17 | "Emerging investment manager" means an investment | ||||||
18 | manager or claims consultant having assets under | ||||||
19 | management below $10 billion or otherwise adjudicating | ||||||
20 | claims. | ||||||
21 | "Information technology services" means, but is not | ||||||
22 | limited to, specialized technology-oriented solutions by | ||||||
23 | combining the processes and functions of software, | ||||||
24 | hardware, networks, telecommunications, web designers, | ||||||
25 | cloud developing resellers, and electronics. | ||||||
26 | "Insurance broker" means an insurance brokerage firm, |
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1 | claims administrator, or both, that procures, places all | ||||||
2 | lines of insurance, or administers claims with annual | ||||||
3 | premiums or fees of at least $5,000,000 but not more than | ||||||
4 | $10,000,000. | ||||||
5 | "Legal services" means work performed by a lawyer | ||||||
6 | including, but not limited to, contracts in anticipation of | ||||||
7 | litigation, enforcement actions, or investigations. | ||||||
8 | (3) Each State agency and public institution of higher | ||||||
9 | education shall adopt policies that identify its plan and | ||||||
10 | implementation procedures for increasing the use of service | ||||||
11 | firms owned by minorities, women, and persons with | ||||||
12 | disabilities. | ||||||
13 | (4) Except as provided in subsection (5), the Council shall | ||||||
14 | file no later than March 1 of each year an annual report to the | ||||||
15 | Governor and the General Assembly. The report filed with the | ||||||
16 | General Assembly shall be filed as required in Section 3.1 of | ||||||
17 | the General Assembly Organization Act. This report shall: (i) | ||||||
18 | identify the service firms used by each State agency and public | ||||||
19 | institution of higher education, (ii) identify the actions it | ||||||
20 | has undertaken to increase the use of service firms owned by | ||||||
21 | minorities, women, and persons with disabilities, including | ||||||
22 | encouraging non-minority-owned firms to use other service | ||||||
23 | firms owned by minorities, women, and persons with disabilities | ||||||
24 | as subcontractors when the opportunities arise, (iii) state any | ||||||
25 | recommendations made by the Council to each State agency and | ||||||
26 | public institution of higher education to increase |
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1 | participation by the use of service firms owned by minorities, | ||||||
2 | women, and persons with disabilities, and (iv) include the | ||||||
3 | following: | ||||||
4 | (A) For insurance services: the names of the insurance | ||||||
5 | brokers or claims consultants used, the total of risk | ||||||
6 | managed by each State agency and public institution of | ||||||
7 | higher education by insurance brokers, the total | ||||||
8 | commissions, fees paid, or both, the lines or insurance | ||||||
9 | policies placed, and the amount of premiums placed; and the | ||||||
10 | percentage of the risk managed by insurance brokers, the | ||||||
11 | percentage of total commission, fees paid, or both, the | ||||||
12 | lines or insurance policies placed, and the amount of | ||||||
13 | premiums placed with each by the insurance brokers owned by | ||||||
14 | minorities, women, and persons with disabilities by each | ||||||
15 | State agency and public institution of higher education. | ||||||
16 | (B) For investment management services: the names of | ||||||
17 | the investment managers used, the total funds under | ||||||
18 | management of investment managers; the total commissions, | ||||||
19 | fees paid, or both; the total and percentage of funds under | ||||||
20 | management of emerging investment managers owned by | ||||||
21 | minorities, women, and persons with disabilities, | ||||||
22 | including the total and percentage of total commissions, | ||||||
23 | fees paid, or both by each State agency and public | ||||||
24 | institution of higher education. | ||||||
25 | (C) The names of service firms, the percentage and | ||||||
26 | total dollar amount paid for professional services by |
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1 | category by each State agency and public institution of | ||||||
2 | higher education. | ||||||
3 | (D) The names of service firms, the percentage and | ||||||
4 | total dollar amount paid for services by category to firms | ||||||
5 | owned by minorities, women, and persons with disabilities | ||||||
6 | by each State agency and public institution of higher | ||||||
7 | education. | ||||||
8 | (E) The total number of contracts awarded for services | ||||||
9 | by category and the total number of contracts awarded to | ||||||
10 | firms owned by minorities, women, and persons with | ||||||
11 | disabilities by each State agency and public institution of | ||||||
12 | higher education. | ||||||
13 | (5) For community college districts, the Business | ||||||
14 | Enterprise Council shall only report the following information | ||||||
15 | for each community college district: (i) the name of the | ||||||
16 | community colleges in the district, (ii) the name and contact | ||||||
17 | information of a person at each community college appointed to | ||||||
18 | be the single point of contact for vendors owned by minorities, | ||||||
19 | women, or persons with disabilities, (iii) the policy of the | ||||||
20 | community college district concerning certified vendors, (iv) | ||||||
21 | the certifications recognized by the community college | ||||||
22 | district for determining whether a business is owned or | ||||||
23 | controlled by a minority, woman, or person with a disability, | ||||||
24 | (v) outreach efforts conducted by the community college | ||||||
25 | district to increase the use of certified vendors, (vi) the | ||||||
26 | total expenditures by the community college district in the |
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1 | prior fiscal year in the divisions of work specified in | ||||||
2 | paragraphs (a), (b), and (c) of subsection (1) of this Section | ||||||
3 | and the amount paid to certified vendors in those divisions of | ||||||
4 | work, and (vii) the total number of contracts entered into for | ||||||
5 | the divisions of work specified in paragraphs (a), (b), and (c) | ||||||
6 | of subsection (1) of this Section and the total number of | ||||||
7 | contracts awarded to certified vendors providing these | ||||||
8 | services to the community college district. The Business | ||||||
9 | Enterprise Council shall not make any utilization reports under | ||||||
10 | this Act for community college districts for Fiscal Year 2015 | ||||||
11 | and Fiscal Year 2016, but shall make the report required by | ||||||
12 | this subsection for Fiscal Year 2017 and for each fiscal year | ||||||
13 | thereafter. The Business Enterprise Council shall report the | ||||||
14 | information in items (i), (ii), (iii), and (iv) of this | ||||||
15 | subsection beginning in September of 2016. The Business | ||||||
16 | Enterprise Council may collect the data needed to make its | ||||||
17 | report from the Illinois Community College Board. | ||||||
18 | (6) The status of the utilization of services shall be | ||||||
19 | discussed at each of the regularly scheduled Business | ||||||
20 | Enterprise Council meetings. Time shall be allotted for the | ||||||
21 | Council to receive, review, and discuss the progress of the use | ||||||
22 | of service firms owned by minorities, women, and persons with | ||||||
23 | disabilities by each State agency and public institution of | ||||||
24 | higher education; and any evidence regarding past or present | ||||||
25 | racial, ethnic, or gender-based discrimination which directly | ||||||
26 | impacts a State agency or public institution of higher |
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1 | education contracting with such firms. If after reviewing such | ||||||
2 | evidence the Council finds that there is or has been such | ||||||
3 | discrimination against a specific group, race or sex, the | ||||||
4 | Council shall establish sheltered markets or adjust existing | ||||||
5 | sheltered markets tailored to address the Council's specific | ||||||
6 | findings for the divisions of work specified in paragraphs (a), | ||||||
7 | (b), and (c) of subsection (1) of this Section.
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8 | (Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16; | ||||||
9 | 100-391, eff. 8-25-17.)
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10 | (30 ILCS 575/7) (from Ch. 127, par. 132.607) | ||||||
11 | (Section scheduled to be repealed on June 30, 2020) | ||||||
12 | Sec. 7. Exemptions; waivers; publication of data. | ||||||
13 | (1) Individual contract exemptions.
The Council, on its own | ||||||
14 | initiative or at the request of the affected agency,
public | ||||||
15 | institution of higher education, or recipient of a grant or | ||||||
16 | loan of State funds of $250,000 or more complying with Section | ||||||
17 | 45 of the State Finance Act, may permit an individual contract | ||||||
18 | or contract package,
(related contracts being bid or awarded | ||||||
19 | simultaneously for the same project
or improvements) be made | ||||||
20 | wholly or partially exempt from State contracting
goals for | ||||||
21 | businesses owned by
minorities, women, and persons with | ||||||
22 | disabilities prior to the advertisement
for bids or | ||||||
23 | solicitation of proposals whenever there has been a
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24 | determination, reduced to writing and based on the best | ||||||
25 | information
available at the time of the determination, that |
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1 | there is an insufficient
number of businesses owned by | ||||||
2 | minorities, women, and persons with disabilities to ensure | ||||||
3 | adequate
competition and an expectation of reasonable prices on | ||||||
4 | bids or proposals
solicited for the individual contract or | ||||||
5 | contract package in question. | ||||||
6 | (a) Written request for contract exemption. A written | ||||||
7 | request for an individual contract exception must include, | ||||||
8 | but is not limited to, the following: | ||||||
9 | (i) a list of qualified businesses owned by | ||||||
10 | minorities, women, and persons with disabilities that | ||||||
11 | would qualify for the purpose of the contract; | ||||||
12 | (ii) each business's deficiency that would impair | ||||||
13 | adequate competition or qualification; and | ||||||
14 | (iii) the difference in cost between the contract | ||||||
15 | proposals being offered by businesses owned by | ||||||
16 | minorities, women, and persons with disabilities and | ||||||
17 | the agency or the public institution of higher | ||||||
18 | education's expectations of reasonable prices on bids | ||||||
19 | or proposals within that class. | ||||||
20 | (b) Determination. The Council's determination | ||||||
21 | concerning an individual contract exemption must include | ||||||
22 | the following: | ||||||
23 | (i) the justification for each business's | ||||||
24 | disqualification; | ||||||
25 | (ii) the number of waivers of the affected agency, | ||||||
26 | public institution of higher education, or recipient |
| |||||||
| |||||||
1 | of a grant or loan of State funds of $250,000 or more | ||||||
2 | complying with Section 45 of the State Finance Act that | ||||||
3 | have been granted by the Council for that fiscal year; | ||||||
4 | and | ||||||
5 | (iii) the affected agency or public institution of | ||||||
6 | higher education's most current percentages in | ||||||
7 | contracts awarded to businesses owned by minorities, | ||||||
8 | women, and persons with disabilities for that fiscal | ||||||
9 | year. | ||||||
10 | (2) Class exemptions. | ||||||
11 | (a) Creation. The Council, on its own initiative
or at | ||||||
12 | the request of the affected agency or public institution of | ||||||
13 | higher education, may permit an entire
class of
contracts | ||||||
14 | be made exempt from State
contracting goals for businesses | ||||||
15 | owned by minorities, women, and persons
with disabilities | ||||||
16 | whenever there has been a determination, reduced to
writing | ||||||
17 | and based on the best information available at the time of | ||||||
18 | the
determination, that there is an insufficient number of | ||||||
19 | qualified businesses owned by minorities, women, and | ||||||
20 | persons with
disabilities to ensure adequate competition | ||||||
21 | and an
expectation of reasonable prices on bids or | ||||||
22 | proposals within that class. | ||||||
23 | (a-1) Written request for class exemption. A written | ||||||
24 | request for a class exception must include, but is not | ||||||
25 | limited to, the following: | ||||||
26 | (i) a list of qualified businesses owned by |
| |||||||
| |||||||
1 | minorities, women, and persons with disabilities that | ||||||
2 | pertain to the class of contracts in the requested | ||||||
3 | waiver; | ||||||
4 | (ii) each business's deficiency that would impair | ||||||
5 | adequate competition or qualification; and | ||||||
6 | (iii) the difference in cost between the contract | ||||||
7 | proposals being offered by businesses owned by | ||||||
8 | minorities, women, and persons with disabilities and | ||||||
9 | the agency or the public institution of higher | ||||||
10 | education's expectations of reasonable prices on bids | ||||||
11 | or proposals within that class. | ||||||
12 | (a-2) Determination. The Council's determination | ||||||
13 | concerning class exemptions must include the following: | ||||||
14 | (i) the justification for each business's | ||||||
15 | disqualification; | ||||||
16 | (ii) the number of waivers of the requesting agency | ||||||
17 | or public institution of higher education that have | ||||||
18 | been granted by the Council for that fiscal year; and | ||||||
19 | (iii) the agency or public institution of higher | ||||||
20 | education's most current percentages in contracts | ||||||
21 | awarded to businesses owned by minorities, women, and | ||||||
22 | persons with disabilities for that fiscal year. | ||||||
23 | (b) Limitation. Any such class exemption shall not be | ||||||
24 | permitted for a
period of more than one year at a time. | ||||||
25 | (3) Waivers. Where a particular contract requires a | ||||||
26 | contractor to meet
a goal established pursuant to this Act, the |
| |||||||
| |||||||
1 | contractor shall have the right
to request a waiver from such | ||||||
2 | requirements. The Council shall grant the
waiver where the | ||||||
3 | contractor demonstrates that there has been made a good
faith | ||||||
4 | effort to comply with the goals for
participation by businesses | ||||||
5 | owned by minorities, women, and persons with
disabilities. | ||||||
6 | (a) Request for waiver. A contractor's request for a | ||||||
7 | waiver under this subsection (3) must include, but is not | ||||||
8 | limited to, the following: | ||||||
9 | (i) a list of qualified businesses owned by | ||||||
10 | minorities, women, and persons with disabilities that | ||||||
11 | pertain to the class of contracts in the requested | ||||||
12 | waiver; | ||||||
13 | (ii) each business's deficiency that would impair | ||||||
14 | adequate competition or qualification; | ||||||
15 | (iii) the difference in cost between the contract | ||||||
16 | proposals being offered by businesses owned by | ||||||
17 | minorities, women, and persons with disabilities and | ||||||
18 | the agency or the public institution of higher | ||||||
19 | education's expectations of reasonable prices on bids | ||||||
20 | or proposals within that class. | ||||||
21 | (b) Determination. The Council's determination | ||||||
22 | concerning waivers must include following: | ||||||
23 | (i) the justification for each business's | ||||||
24 | disqualification; | ||||||
25 | (ii) the number of waivers the contractor has been | ||||||
26 | granted by the Council for that fiscal year; and |
| |||||||
| |||||||
1 | (iii) the affected agency or public institution of | ||||||
2 | higher education's most current percentages in | ||||||
3 | contracts awarded to businesses owned by minorities, | ||||||
4 | women, and persons with disabilities for that fiscal | ||||||
5 | year. | ||||||
6 | (4) Conflict with other laws. In the event that any State | ||||||
7 | contract, which
otherwise would be subject to the provisions of | ||||||
8 | this Act, is or becomes
subject to federal laws or regulations | ||||||
9 | which conflict with the provisions
of this Act or actions of | ||||||
10 | the State taken pursuant hereto, the provisions
of the federal | ||||||
11 | laws or regulations shall apply and the contract shall be
| ||||||
12 | interpreted and enforced accordingly. | ||||||
13 | (5) Each chief procurement officer, as defined in the | ||||||
14 | Illinois Procurement Code, shall maintain on his or her | ||||||
15 | official Internet website a database of the following: (i) | ||||||
16 | waivers granted under this Section with respect to contracts | ||||||
17 | under his or her jurisdiction ; (ii) a State agency or public | ||||||
18 | institution of higher education's written request for an | ||||||
19 | exemption of an individual contract or an entire class of | ||||||
20 | contracts; and (iii) the Council's written determination | ||||||
21 | granting or denying a request for an exemption of an individual | ||||||
22 | contract or an entire class of contracts . The database, which | ||||||
23 | shall be updated periodically as necessary, shall be searchable | ||||||
24 | by contractor name and by contracting State agency. | ||||||
25 | (6) Each chief procurement officer, as defined by the | ||||||
26 | Illinois Procurement Code, shall maintain on its website a list |
| |||||||
| |||||||
1 | of all firms that have been prohibited from bidding, offering, | ||||||
2 | or entering into a contract with the State of Illinois as a | ||||||
3 | result of violations of this Act. | ||||||
4 | Each public notice required by law of the award of a State | ||||||
5 | contract shall include for each bid or offer submitted for that | ||||||
6 | contract the following: (i) the bidder's or offeror's name, | ||||||
7 | (ii) the bid amount, (iii) the name or names of the certified | ||||||
8 | firms identified in the bidder's or offeror's submitted | ||||||
9 | utilization plan, and (iv) the bid's amount and percentage of | ||||||
10 | the contract awarded to businesses owned by minorities, women, | ||||||
11 | and persons with disabilities identified in the utilization | ||||||
12 | plan. | ||||||
13 | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
| ||||||
14 | Section 15. The Criminal Code of 2012 is amended by | ||||||
15 | changing Section 17-10.3 as follows:
| ||||||
16 | (720 ILCS 5/17-10.3) | ||||||
17 | Sec. 17-10.3. Deception relating to certification of | ||||||
18 | disadvantaged business enterprises. | ||||||
19 | (a) Fraudulently obtaining or retaining certification. A | ||||||
20 | person
who, in the course of business, fraudulently obtains or | ||||||
21 | retains
certification as a minority-owned business, | ||||||
22 | women-owned business, service-disabled veteran-owned small | ||||||
23 | business, or veteran-owned small business commits
a Class 1 2 | ||||||
24 | felony. |
| |||||||
| |||||||
1 | (b) Willfully making a false statement. A person who, in | ||||||
2 | the
course of business, willfully makes a false statement | ||||||
3 | whether by affidavit,
report or other representation, to an | ||||||
4 | official or employee of a State
agency or the Business | ||||||
5 | Enterprise Council for Minorities, Women, and Persons with | ||||||
6 | Disabilities for the
purpose of influencing the certification | ||||||
7 | or denial of certification of any
business entity as a | ||||||
8 | minority-owned business, women-owned business, | ||||||
9 | service-disabled veteran-owned small business, or | ||||||
10 | veteran-owned small business
commits a Class 1 2 felony. | ||||||
11 | (c) Willfully obstructing or impeding an official or | ||||||
12 | employee of
any agency in his or her investigation.
Any person | ||||||
13 | who, in the course of business, willfully obstructs or impedes
| ||||||
14 | an official or employee of any State agency or the
Business | ||||||
15 | Enterprise Council for Minorities, Women, and Persons with | ||||||
16 | Disabilities
who is investigating the qualifications of a | ||||||
17 | business
entity which has requested certification as a | ||||||
18 | minority-owned business, women-owned
business, | ||||||
19 | service-disabled veteran-owned small business, or | ||||||
20 | veteran-owned small business commits a Class 1 2 felony. | ||||||
21 | (d) Fraudulently obtaining public moneys reserved for
| ||||||
22 | disadvantaged business enterprises. Any person who, in the | ||||||
23 | course of
business, fraudulently obtains public moneys | ||||||
24 | reserved for, or allocated or
available to, minority-owned | ||||||
25 | businesses, women-owned businesses, service-disabled | ||||||
26 | veteran-owned small businesses, or veteran-owned small |
| |||||||
| |||||||
1 | businesses commits a
Class 1 2 felony. | ||||||
2 | (e) Definitions. As used in this Article, "minority-owned
| ||||||
3 | business", "women-owned business", "State agency" with respect | ||||||
4 | to minority-owned businesses and women-owned businesses, and | ||||||
5 | "certification" with respect to minority-owned businesses and | ||||||
6 | women-owned businesses shall
have the meanings ascribed to them | ||||||
7 | in Section 2 of the Business Enterprise for
Minorities, Women, | ||||||
8 | and
Persons with Disabilities Act. As used in this Article, | ||||||
9 | "service-disabled veteran-owned small business", | ||||||
10 | "veteran-owned small business", "State agency" with respect to | ||||||
11 | service-disabled veteran-owned small businesses and | ||||||
12 | veteran-owned small businesses, and "certification" with | ||||||
13 | respect to service-disabled veteran-owned small businesses and | ||||||
14 | veteran-owned small businesses have the same meanings as in | ||||||
15 | Section 45-57 of the Illinois Procurement Code.
| ||||||
16 | (Source: P.A. 100-391, eff. 8-25-17.)
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
|