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Public Act 101-0170 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Labor Law of the
Civil | ||||
Administrative Code of Illinois is amended by adding Section | ||||
1505-215 as follows: | ||||
(20 ILCS 1505/1505-215 new) | ||||
Sec. 1505-215. Bureau on Apprenticeship Programs; Advisory | ||||
Board. | ||||
(a) There is created within the Department of Labor a | ||||
Bureau on Apprenticeship Programs. This Bureau shall work to | ||||
increase minority participation in active apprentice programs | ||||
in Illinois that are approved by the United States Department | ||||
of Labor. The Bureau shall identify barriers to minorities | ||||
gaining access to construction careers and make | ||||
recommendations to the Governor and the General Assembly for | ||||
policies to remove those barriers. The Department may hire | ||||
staff to perform outreach in promoting diversity in active | ||||
apprenticeship programs approved by the United States | ||||
Department of Labor. The Bureau shall annually compile racial | ||||
and gender workforce diversity information from contractors | ||||
receiving State or other public funds and by labor unions with | ||||
members working on projects receiving State or other public |
funds. | ||
(b) There is created the Advisory Board for Diversity in | ||
Active Apprenticeship Programs Approved by the United States | ||
Department of Labor. This Advisory Board shall be composed of | ||
12 legislators; 3 members appointed by the President of the | ||
Senate, 3 members appointed by the Speaker of the House of | ||
Representatives, 3 members appointed by the Minority Leader of | ||
the Senate, and 3 members appointed by the Minority Leader of | ||
the House of Representatives. The President of the Senate and | ||
the Speaker of the House of Representatives shall each appoint | ||
a co-chairperson. Members of the Advisory Board shall receive | ||
no compensation for serving as members of the Advisory Board. | ||
The Advisory Board shall meet quarterly. The Advisory Board may | ||
request necessary additional information from the Department, | ||
other State agencies, or public institutions of higher | ||
education for the purposes of performing its duties under this | ||
Section. The Advisory Board may advise the Department of | ||
programs to increase diversity in active apprenticeship | ||
programs. The Department shall provide administrative support | ||
and staffing for the Advisory Board. | ||
Section 10. The Business Enterprise for Minorities, Women, | ||
and Persons with
Disabilities Act is amended by changing | ||
Sections 4, 4f, 7, and 9 as follows:
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(30 ILCS 575/4) (from Ch. 127, par. 132.604)
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(Section scheduled to be repealed on June 30, 2020)
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Sec. 4. Award of State contracts.
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(a) Except as provided in subsections (b) and (c), not less | ||
than 20% of
the total dollar amount of State contracts, as | ||
defined by the Secretary of
the Council and approved by the | ||
Council, shall be established as an aspirational goal to
be | ||
awarded to businesses owned by minorities,
women, and persons | ||
with disabilities; provided, however, that
of the total amount | ||
of all
State contracts awarded to businesses owned by
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minorities, women, and persons with disabilities pursuant to
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this Section, contracts representing at least 11% shall be | ||
awarded to businesses owned by minorities, contracts | ||
representing at least 7% shall be awarded to women-owned | ||
businesses, and contracts representing at least 2% shall be | ||
awarded to businesses owned by persons with disabilities.
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The above percentage relates to the total dollar amount of | ||
State
contracts during each State fiscal year, calculated by | ||
examining
independently each type of contract for each agency | ||
or public institutions of higher education which
lets such | ||
contracts. Only that percentage of arrangements which | ||
represents the participation of businesses owned by
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minorities, women, and persons with disabilities on such | ||
contracts shall
be included.
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(b) Not In the case of State construction contracts, the | ||
provisions of
subsection (a) requiring a portion of State | ||
contracts to be awarded to
businesses owned and controlled by |
persons with
disabilities do not apply. The following | ||
aspirational goals are established for State construction | ||
contracts: not less
than 20% of the total dollar amount of | ||
State construction contracts is
established as an aspirational | ||
a goal to be awarded to businesses owned by minorities, women, | ||
and persons with disabilities; provided that, contracts | ||
representing at least 11% of the total dollar amount of State | ||
construction contracts shall be awarded to businesses owned by | ||
minorities; contracts representing at least 7% of the total | ||
dollar amount of State construction contracts shall be awarded | ||
to women-owned businesses; and contracts representing at least | ||
2% of the total dollar amount of State construction contracts | ||
shall be awarded to businesses owned by persons with | ||
disabilities minority-owned and women-owned
businesses .
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(c) (Blank). In the case of all work undertaken by the | ||
University of Illinois related to the planning, organization, | ||
and staging of the games, the University of Illinois shall | ||
establish a goal of awarding not less than 25% of the annual | ||
dollar value of all contracts, purchase orders, and other | ||
agreements (collectively referred to as "the contracts") to | ||
minority-owned businesses or businesses owned by a person with | ||
a disability and 5% of the annual dollar value the contracts to | ||
women-owned businesses. For purposes of this subsection, the | ||
term "games" has the meaning set forth in the Olympic Games and | ||
Paralympic Games (2016) Law. | ||
(d) Within one year after April 28, 2009 (the effective |
date of Public Act 96-8), the Department of Central Management | ||
Services shall conduct a social scientific study that measures | ||
the impact of discrimination on minority and women business | ||
development in Illinois. Within 18 months after April 28, 2009 | ||
(the effective date of Public Act 96-8), the Department shall | ||
issue a report of its findings and any recommendations on | ||
whether to adjust the goals for minority and women | ||
participation established in this Act. Copies of this report | ||
and the social scientific study shall be filed with the | ||
Governor and the General Assembly. | ||
By December 1, 2020, the Department of Central Management | ||
Services shall conduct a new social scientific study that | ||
measures the impact of discrimination on minority and women | ||
business development in Illinois. By June 1, 2022, the | ||
Department shall issue a report of its findings and any | ||
recommendations on whether to adjust the goals for minority and | ||
women participation established in this Act. Copies of this | ||
report and the social scientific study shall be filed with the | ||
Governor, the Advisory Board, and the General Assembly. | ||
(e) Except as permitted under this Act or as otherwise | ||
mandated by federal law or regulation, those who submit bids or | ||
proposals for State contracts subject to the provisions of this | ||
Act, whose bids or proposals are successful and include a | ||
utilization plan but that fail to meet the goals set forth in | ||
subsection (b) of this Section, shall be notified of that | ||
deficiency and shall be afforded a period not to exceed 10 |
calendar days from the date of notification to cure that | ||
deficiency in the bid or proposal. The deficiency in the bid or | ||
proposal may only be cured by contracting with additional | ||
subcontractors who are owned by minorities or women . Any | ||
increase in cost to
a contract for the addition of a | ||
subcontractor to cure a bid's deficiency
shall not be used in | ||
the request for an exemption in this Act, and , but in no case | ||
shall an identified subcontractor with a certification made | ||
pursuant to this Act be terminated from the contract without | ||
the written consent of the State agency or public institution | ||
of higher education entering into the contract. | ||
(f) Non-construction solicitations that include Business | ||
Enterprise Program participation goals shall require bidders | ||
and offerors to include utilization plans. Utilization plans | ||
are due at the time of bid or offer submission. Failure to | ||
complete and include a utilization plan, including | ||
documentation demonstrating good faith effort when requesting | ||
a waiver, shall render the bid or offer non-responsive. | ||
(Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16; | ||
100-391, eff. 8-25-17.) | ||
(30 ILCS 575/4f) | ||
(Section scheduled to be repealed on June 30, 2020) | ||
Sec. 4f. Award of State contracts. | ||
(1) It is hereby declared to be the public policy of the | ||
State of Illinois to promote and encourage each State agency |
and public institution of higher education to use businesses | ||
owned by minorities, women, and persons with disabilities in | ||
the area of goods and services, including, but not limited to, | ||
insurance services, investment management services, | ||
information technology services, accounting services, | ||
architectural and engineering services, and legal services. | ||
Furthermore, each State agency and public institution of higher | ||
education shall utilize such firms to the greatest extent | ||
feasible within the bounds of financial and fiduciary prudence, | ||
and take affirmative steps to remove any barriers to the full | ||
participation of such firms in the procurement and contracting | ||
opportunities afforded. | ||
(a) When a State agency or public institution of higher | ||
education, other than a community college, awards a | ||
contract for insurance services, for each State agency or | ||
public institution of higher education, it shall be the | ||
aspirational goal to use insurance brokers owned by | ||
minorities, women, and persons with disabilities as | ||
defined by this Act, for not less than 20% of the total | ||
annual premiums or fees ; provided that, contracts | ||
representing at least 11% of the total annual premiums or | ||
fees shall be awarded to businesses owned by minorities; | ||
contracts representing at least 7% of the total annual | ||
premiums or fees shall be awarded to women-owned | ||
businesses; and contracts representing at least 2% of the | ||
total annual premiums or fees shall be awarded to |
businesses owned by persons with disabilities . | ||
(b) When a State agency or public institution of higher | ||
education, other than a community college, awards a | ||
contract for investment services, for each State agency or | ||
public institution of higher education, it shall be the | ||
aspirational goal to use emerging investment managers | ||
owned by minorities, women, and persons with disabilities | ||
as defined by this Act, for not less than 20% of the total | ||
funds under management ; provided that, contracts | ||
representing at least 11% of the total funds under | ||
management shall be awarded to businesses owned by | ||
minorities; contracts representing at least 7% of the total | ||
funds under management shall be awarded to women-owned | ||
businesses; and contracts representing at least 2% of the | ||
total funds under management shall be awarded to businesses | ||
owned by persons with disabilities . Furthermore, it is the | ||
aspirational goal that not less than 20% of the direct | ||
asset managers of the State funds be minorities, women, and | ||
persons with disabilities. | ||
(c) When a State agency or public institution of higher | ||
education, other than a community college, awards | ||
contracts for information technology services, accounting | ||
services, architectural and engineering services, and | ||
legal services, for each State agency and public | ||
institution of higher education, it shall be the | ||
aspirational goal to use such firms owned by minorities, |
women, and persons with disabilities as defined by this Act | ||
and lawyers who are minorities, women, and persons with | ||
disabilities as defined by this Act, for not less than 20% | ||
of the total dollar amount of State contracts ; provided | ||
that, contracts representing at least 11% of the total | ||
dollar amount of State contracts shall be awarded to | ||
businesses owned by minorities or minority lawyers; | ||
contracts representing at least 7% of the total dollar | ||
amount of State contracts shall be awarded to women-owned | ||
businesses or women who are lawyers; and contracts | ||
representing at least 2% of the total dollar amount of | ||
State contracts shall be awarded to businesses owned by | ||
persons with disabilities or persons with disabilities who | ||
are lawyers . | ||
(d) When a community college awards a contract for | ||
insurance services, investment services, information | ||
technology services, accounting services, architectural | ||
and engineering services, and legal services, it shall be | ||
the aspirational goal of each community college to use | ||
businesses owned by minorities, women, and persons with | ||
disabilities as defined in this Act for not less than 20% | ||
of the total amount spent on contracts for these services | ||
collectively ; provided that, contracts representing at | ||
least 11% of the total amount spent on contracts for these | ||
services shall be awarded to businesses owned by | ||
minorities; contracts representing at least 7% of the total |
amount spent on contracts for these services shall be | ||
awarded to women-owned businesses; and contracts | ||
representing at least 2% of the total amount spent on | ||
contracts for these services shall be awarded to businesses | ||
owned by persons with disabilities . When a community | ||
college awards contracts for investment services, | ||
contracts awarded to investment managers who are not | ||
emerging investment managers as defined in this Act shall | ||
not be considered businesses owned by minorities, women, or | ||
persons with disabilities for the purposes of this Section. | ||
(2) As used in this Section: | ||
"Accounting services" means the measurement, | ||
processing and communication of financial information | ||
about economic entities including, but is not limited to, | ||
financial accounting, management accounting, auditing, | ||
cost containment and auditing services, taxation and | ||
accounting information systems. | ||
"Architectural and engineering services" means | ||
professional services of an architectural or engineering | ||
nature, or incidental services, that members of the | ||
architectural and engineering professions, and individuals | ||
in their employ, may logically or justifiably perform, | ||
including studies, investigations, surveying and mapping, | ||
tests, evaluations, consultations, comprehensive planning, | ||
program management, conceptual designs, plans and | ||
specifications, value engineering, construction phase |
services, soils engineering, drawing reviews, preparation | ||
of operating and maintenance manuals, and other related | ||
services. | ||
"Emerging investment manager" means an investment | ||
manager or claims consultant having assets under | ||
management below $10 billion or otherwise adjudicating | ||
claims. | ||
"Information technology services" means, but is not | ||
limited to, specialized technology-oriented solutions by | ||
combining the processes and functions of software, | ||
hardware, networks, telecommunications, web designers, | ||
cloud developing resellers, and electronics. | ||
"Insurance broker" means an insurance brokerage firm, | ||
claims administrator, or both, that procures, places all | ||
lines of insurance, or administers claims with annual | ||
premiums or fees of at least $5,000,000 but not more than | ||
$10,000,000. | ||
"Legal services" means work performed by a lawyer | ||
including, but not limited to, contracts in anticipation of | ||
litigation, enforcement actions, or investigations. | ||
(3) Each State agency and public institution of higher | ||
education shall adopt policies that identify its plan and | ||
implementation procedures for increasing the use of service | ||
firms owned by minorities, women, and persons with | ||
disabilities. | ||
(4) Except as provided in subsection (5), the Council shall |
file no later than March 1 of each year an annual report to the | ||
Governor , the Bureau on Apprenticeship Programs, and the | ||
General Assembly. The report filed with the General Assembly | ||
shall be filed as required in Section 3.1 of the General | ||
Assembly Organization Act. This report shall: (i) identify the | ||
service firms used by each State agency and public institution | ||
of higher education, (ii) identify the actions it has | ||
undertaken to increase the use of service firms owned by | ||
minorities, women, and persons with disabilities, including | ||
encouraging non-minority-owned firms to use other service | ||
firms owned by minorities, women, and persons with disabilities | ||
as subcontractors when the opportunities arise, (iii) state any | ||
recommendations made by the Council to each State agency and | ||
public institution of higher education to increase | ||
participation by the use of service firms owned by minorities, | ||
women, and persons with disabilities, and (iv) include the | ||
following: | ||
(A) For insurance services: the names of the insurance | ||
brokers or claims consultants used, the total of risk | ||
managed by each State agency and public institution of | ||
higher education by insurance brokers, the total | ||
commissions, fees paid, or both, the lines or insurance | ||
policies placed, and the amount of premiums placed; and the | ||
percentage of the risk managed by insurance brokers, the | ||
percentage of total commission, fees paid, or both, the | ||
lines or insurance policies placed, and the amount of |
premiums placed with each by the insurance brokers owned by | ||
minorities, women, and persons with disabilities by each | ||
State agency and public institution of higher education. | ||
(B) For investment management services: the names of | ||
the investment managers used, the total funds under | ||
management of investment managers; the total commissions, | ||
fees paid, or both; the total and percentage of funds under | ||
management of emerging investment managers owned by | ||
minorities, women, and persons with disabilities, | ||
including the total and percentage of total commissions, | ||
fees paid, or both by each State agency and public | ||
institution of higher education. | ||
(C) The names of service firms, the percentage and | ||
total dollar amount paid for professional services by | ||
category by each State agency and public institution of | ||
higher education. | ||
(D) The names of service firms, the percentage and | ||
total dollar amount paid for services by category to firms | ||
owned by minorities, women, and persons with disabilities | ||
by each State agency and public institution of higher | ||
education. | ||
(E) The total number of contracts awarded for services | ||
by category and the total number of contracts awarded to | ||
firms owned by minorities, women, and persons with | ||
disabilities by each State agency and public institution of | ||
higher education. |
(5) For community college districts, the Business | ||
Enterprise Council shall only report the following information | ||
for each community college district: (i) the name of the | ||
community colleges in the district, (ii) the name and contact | ||
information of a person at each community college appointed to | ||
be the single point of contact for vendors owned by minorities, | ||
women, or persons with disabilities, (iii) the policy of the | ||
community college district concerning certified vendors, (iv) | ||
the certifications recognized by the community college | ||
district for determining whether a business is owned or | ||
controlled by a minority, woman, or person with a disability, | ||
(v) outreach efforts conducted by the community college | ||
district to increase the use of certified vendors, (vi) the | ||
total expenditures by the community college district in the | ||
prior fiscal year in the divisions of work specified in | ||
paragraphs (a), (b), and (c) of subsection (1) of this Section | ||
and the amount paid to certified vendors in those divisions of | ||
work, and (vii) the total number of contracts entered into for | ||
the divisions of work specified in paragraphs (a), (b), and (c) | ||
of subsection (1) of this Section and the total number of | ||
contracts awarded to certified vendors providing these | ||
services to the community college district. The Business | ||
Enterprise Council shall not make any utilization reports under | ||
this Act for community college districts for Fiscal Year 2015 | ||
and Fiscal Year 2016, but shall make the report required by | ||
this subsection for Fiscal Year 2017 and for each fiscal year |
thereafter. The Business Enterprise Council shall report the | ||
information in items (i), (ii), (iii), and (iv) of this | ||
subsection beginning in September of 2016. The Business | ||
Enterprise Council may collect the data needed to make its | ||
report from the Illinois Community College Board. | ||
(6) The status of the utilization of services shall be | ||
discussed at each of the regularly scheduled Business | ||
Enterprise Council meetings. Time shall be allotted for the | ||
Council to receive, review, and discuss the progress of the use | ||
of service firms owned by minorities, women, and persons with | ||
disabilities by each State agency and public institution of | ||
higher education; and any evidence regarding past or present | ||
racial, ethnic, or gender-based discrimination which directly | ||
impacts a State agency or public institution of higher | ||
education contracting with such firms. If after reviewing such | ||
evidence the Council finds that there is or has been such | ||
discrimination against a specific group, race or sex, the | ||
Council shall establish sheltered markets or adjust existing | ||
sheltered markets tailored to address the Council's specific | ||
findings for the divisions of work specified in paragraphs (a), | ||
(b), and (c) of subsection (1) of this Section.
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(Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16; | ||
100-391, eff. 8-25-17.) | ||
(30 ILCS 575/7) (from Ch. 127, par. 132.607) | ||
(Section scheduled to be repealed on June 30, 2020) |
Sec. 7. Exemptions; waivers; publication of data. | ||
(1) Individual contract exemptions.
The Council, on its own | ||
initiative or at the written request of the affected agency,
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public institution of higher education, or recipient of a grant | ||
or loan of State funds of $250,000 or more complying with | ||
Section 45 of the State Finance Act, may permit an individual | ||
contract or contract package,
(related contracts being bid or | ||
awarded simultaneously for the same project
or improvements) be | ||
made wholly or partially exempt from State contracting
goals | ||
for businesses owned by
minorities, women, and persons with | ||
disabilities prior to the advertisement
for bids or | ||
solicitation of proposals whenever there has been a
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determination, reduced to writing and based on the best | ||
information
available at the time of the determination, that | ||
there is an insufficient
number of businesses owned by | ||
minorities, women, and persons with disabilities to ensure | ||
adequate
competition and an expectation of reasonable prices on | ||
bids or proposals
solicited for the individual contract or | ||
contract package in question. The Council may charge a | ||
reasonable fee for written
request of individual contract | ||
exemptions. Any such exemptions shall be given by
the Council | ||
to the Bureau on Apprenticeship Programs. | ||
(a) Written request for contract exemption. A written | ||
request for an individual contract exception must include, | ||
but is not limited to, the following: | ||
(i) a list of qualified businesses owned by |
minorities, women, and persons with disabilities that | ||
would qualify for the purpose of the contract; | ||
(ii) each business's deficiency that would impair | ||
adequate competition or qualification; | ||
(iii) the difference in cost between the contract | ||
proposals being offered by businesses owned by | ||
minorities, women, and persons with disabilities and | ||
the agency or the public institution of higher | ||
education's expectations of reasonable prices on bids | ||
or proposals within that class; and | ||
(iv) a list of qualified businesses owned by | ||
minorities, women, and persons with
disabilities that | ||
the contractor has used in the most recent fiscal year. | ||
(b) Determination. The Council's determination | ||
concerning an individual contract exemption must include | ||
the following: | ||
(i) the justification for each business's | ||
disqualification; | ||
(ii) the number of waivers of the affected agency, | ||
public institution of higher education, or recipient | ||
of a grant or loan of State funds of $250,000 or more | ||
complying with Section 45 of the State Finance Act that | ||
have been granted by the Council for that fiscal year; | ||
and | ||
(iii) the affected agency or public institution of | ||
higher education's most current percentages in |
contracts awarded to businesses owned by minorities, | ||
women, and persons with disabilities for that fiscal | ||
year. | ||
(2) Class exemptions. | ||
(a) Creation. The Council, on its own initiative
or at | ||
the written request of the affected agency or public | ||
institution of higher education, may permit an entire
class | ||
of
contracts be made exempt from State
contracting goals | ||
for businesses owned by minorities, women, and persons
with | ||
disabilities whenever there has been a determination, | ||
reduced to
writing and based on the best information | ||
available at the time of the
determination, that there is | ||
an insufficient number of qualified businesses owned by | ||
minorities, women, and persons with
disabilities to ensure | ||
adequate competition and an
expectation of reasonable | ||
prices on bids or proposals within that class. Any such | ||
exemption shall be given by
the Council to the Bureau on | ||
Apprenticeship Programs. | ||
(a-1) Written request for class exemption. A written | ||
request for a class exception must include, but is not | ||
limited to, the following: | ||
(i) a list of qualified businesses owned by | ||
minorities, women, and persons with disabilities that | ||
pertain to the class of contracts in the requested | ||
waiver; | ||
(ii) each business's deficiency that would impair |
adequate competition or qualification; | ||
(iii) the difference in cost between the contract | ||
proposals being offered by businesses owned by | ||
minorities, women, and persons with disabilities and | ||
the agency or the public institution of higher | ||
education's expectations of reasonable prices on bids | ||
or proposals within that class; and | ||
(iv) the number of class exemptions the affected | ||
agency or public institution
of higher education has | ||
requested for that fiscal year. | ||
(a-2) Determination. The Council's determination | ||
concerning class exemptions must include the following: | ||
(i) the justification for each business's | ||
disqualification; | ||
(ii) the number of waivers of the requesting agency | ||
or public institution of higher education that have | ||
been granted by the Council for that fiscal year; and | ||
(iii) the agency or public institution of higher | ||
education's most current percentages in contracts | ||
awarded to businesses owned by minorities, women, and | ||
persons with disabilities for that fiscal year. | ||
(b) Limitation. Any such class exemption shall not be | ||
permitted for a
period of more than one year at a time. | ||
(3) Waivers. Where a particular contract requires a | ||
contractor to meet
a goal established pursuant to this Act, the | ||
contractor shall have the right
to request a waiver from such |
requirements. The Council shall grant the
waiver where the | ||
contractor demonstrates that there has been made a good
faith | ||
effort to comply with the goals for
participation by businesses | ||
owned by minorities, women, and persons with
disabilities. Any | ||
such waiver shall also be
transmitted in writing to the Bureau | ||
on Apprenticeship Programs. | ||
(a) Request for waiver. A contractor's request for a | ||
waiver under this subsection (3) must include, but is not | ||
limited to, the following: | ||
(i) a list of qualified businesses owned by | ||
minorities, women, and persons with disabilities that | ||
pertain to the class of contracts in the requested | ||
waiver; | ||
(ii) each business's deficiency that would impair | ||
adequate competition or qualification; | ||
(iii) the difference in cost between the contract | ||
proposals being offered by businesses owned by | ||
minorities, women, and persons with disabilities and | ||
the agency or the public institution of higher | ||
education's expectations of reasonable prices on bids | ||
or proposals within that class. | ||
(b) Determination. The Council's determination | ||
concerning waivers must include following: | ||
(i) the justification for each business's | ||
disqualification; | ||
(ii) the number of waivers the contractor has been |
granted by the Council for that fiscal year; | ||
(iii) the affected agency or public institution of | ||
higher education's most current percentages in | ||
contracts awarded to businesses owned by minorities, | ||
women, and persons with disabilities for that fiscal | ||
year; and | ||
(iv) a list of qualified businesses owned by | ||
minorities, women, and persons with disabilities that | ||
the contractor has used in the most recent fiscal year. | ||
(3.5) Fees. The Council may charge a fee for a written | ||
request on individual
contract exemptions. The Council shall | ||
not charge for a first request. For a
second request, the | ||
Council shall charge no more than $1,000. For a fifth
request | ||
or higher from a contractor, the Council shall charge no more | ||
than
$5,000 per request. The Department shall collect the fees | ||
under this Section.
Any fee collected under this Section shall | ||
be used by the Bureau on
Apprenticeship Programs to increase | ||
minority participation in apprenticeship
programs in the | ||
State. | ||
(4) Conflict with other laws. In the event that any State | ||
contract, which
otherwise would be subject to the provisions of | ||
this Act, is or becomes
subject to federal laws or regulations | ||
which conflict with the provisions
of this Act or actions of | ||
the State taken pursuant hereto, the provisions
of the federal | ||
laws or regulations shall apply and the contract shall be
| ||
interpreted and enforced accordingly. |
(5) Each chief procurement officer, as defined in the | ||
Illinois Procurement Code, shall maintain on his or her | ||
official Internet website a database of the following: (i) | ||
waivers granted under this Section with respect to contracts | ||
under his or her jurisdiction ; (ii) a State agency or public | ||
institution of higher education's written request for an | ||
exemption of an individual contract or an entire class of | ||
contracts; and (iii) the Council's written determination | ||
granting or denying a request for an exemption of an individual | ||
contract or an entire class of contracts . The database, which | ||
shall be updated periodically as necessary, shall be searchable | ||
by contractor name and by contracting State agency. | ||
(6) Each chief procurement officer, as defined by the | ||
Illinois Procurement Code, shall maintain on its website a list | ||
of all firms that have been prohibited from bidding, offering, | ||
or entering into a contract with the State of Illinois as a | ||
result of violations of this Act. | ||
Each public notice required by law of the award of a State | ||
contract shall include for each bid or offer submitted for that | ||
contract the following: (i) the bidder's or offeror's name, | ||
(ii) the bid amount, (iii) the name or names of the certified | ||
firms identified in the bidder's or offeror's submitted | ||
utilization plan, and (iv) the bid's amount and percentage of | ||
the contract awarded to businesses owned by minorities, women, | ||
and persons with disabilities identified in the utilization | ||
plan. |
(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
| ||
(30 ILCS 575/9) (from Ch. 127, par. 132.609)
| ||
(Section scheduled to be repealed on June 30, 2020)
| ||
Sec. 9. This Act is repealed June 30, 2024 June 30, 2020 . | ||
(Source: P.A. 99-514, eff. 6-30-16.)
| ||
Section 15. The State Construction Minority and Female | ||
Building Trades Act is amended by changing Section 35-15 as | ||
follows: | ||
(30 ILCS 577/35-15)
| ||
Sec. 35-15. Compilation of building trade data. By March 31 | ||
of each year, the Illinois Department of Labor shall publish | ||
and make available on its official website a report compiling | ||
and summarizing demographic trends in the State's building | ||
trades apprenticeship programs, with particular attention to | ||
race, gender, ethnicity, and national origin of apprentices in | ||
labor organizations and other entities in Illinois based on the | ||
information submitted to the Department under Section 35-10. | ||
The report shall include, but not be limited to, apprentices by | ||
gender, apprentices by race and ethnicity, apprentices by | ||
national origin, apprentices by gender, race, ethnicity, and | ||
national origin in union and non-union programs, | ||
apprenticeship programs offered by union and non-union, | ||
apprentices by union or non-union, apprenticeship programs by |
trade, apprentices by trade, apprenticeship programs by length | ||
of time.
| ||
(Source: P.A. 100-797, eff. 8-10-18.) | ||
Section 20. The Criminal Code of 2012 is amended by | ||
changing Section 17-10.3 as follows: | ||
(720 ILCS 5/17-10.3) | ||
Sec. 17-10.3. Deception relating to certification of | ||
disadvantaged business enterprises. | ||
(a) Fraudulently obtaining or retaining certification. A | ||
person
who, in the course of business, fraudulently obtains or | ||
retains
certification as a minority-owned business, | ||
women-owned business, service-disabled veteran-owned small | ||
business, or veteran-owned small business commits
a Class 1 2 | ||
felony. | ||
(b) Willfully making a false statement. A person who, in | ||
the
course of business, willfully makes a false statement | ||
whether by affidavit,
report or other representation, to an | ||
official or employee of a State
agency or the Business | ||
Enterprise Council for Minorities, Women, and Persons with | ||
Disabilities for the
purpose of influencing the certification | ||
or denial of certification of any
business entity as a | ||
minority-owned business, women-owned business, | ||
service-disabled veteran-owned small business, or | ||
veteran-owned small business
commits a Class 1 2 felony. |
(c) Willfully obstructing or impeding an official or | ||
employee of
any agency in his or her investigation.
Any person | ||
who, in the course of business, willfully obstructs or impedes
| ||
an official or employee of any State agency or the
Business | ||
Enterprise Council for Minorities, Women, and Persons with | ||
Disabilities
who is investigating the qualifications of a | ||
business
entity which has requested certification as a | ||
minority-owned business, women-owned
business, | ||
service-disabled veteran-owned small business, or | ||
veteran-owned small business commits a Class 1 2 felony. | ||
(d) Fraudulently obtaining public moneys reserved for
| ||
disadvantaged business enterprises. Any person who, in the | ||
course of
business, fraudulently obtains public moneys | ||
reserved for, or allocated or
available to, minority-owned | ||
businesses, women-owned businesses, service-disabled | ||
veteran-owned small businesses, or veteran-owned small | ||
businesses commits a
Class 1 2 felony. | ||
(e) Definitions. As used in this Article, "minority-owned
| ||
business", "women-owned business", "State agency" with respect | ||
to minority-owned businesses and women-owned businesses, and | ||
"certification" with respect to minority-owned businesses and | ||
women-owned businesses shall
have the meanings ascribed to them | ||
in Section 2 of the Business Enterprise for
Minorities, Women, | ||
and
Persons with Disabilities Act. As used in this Article, | ||
"service-disabled veteran-owned small business", | ||
"veteran-owned small business", "State agency" with respect to |
service-disabled veteran-owned small businesses and | ||
veteran-owned small businesses, and "certification" with | ||
respect to service-disabled veteran-owned small businesses and | ||
veteran-owned small businesses have the same meanings as in | ||
Section 45-57 of the Illinois Procurement Code.
| ||
(Source: P.A. 100-391, eff. 8-25-17.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2020. |