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Public Act 096-1064


 

Public Act 1064 96TH GENERAL ASSEMBLY



 


 
Public Act 096-1064
 
SB3249 EnrolledLRB096 20466 JAM 36121 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 State Finance Act is amended by adding
Section 45 as follows:
 
    (30 ILCS 105/45 new)
    Sec. 45. Award of capital funds. Each award by grant or
loan of State funds of $250,000 or more for capital
construction costs or professional services is conditioned
upon the recipient's written certification that the recipient
shall comply with the business enterprise program practices for
minority-owned businesses, female-owned businesses, and
businesses owned by persons with disabilities of the Business
Enterprise for Minorities, Females, and Persons with
Disabilities Act (30 ILCS 575/) and the equal employment
practices of Section 2-105 of the Illinois Human Rights Act
(775 ILCS 5/2-105). This Section, however, does not apply to
any grant or loan (i) for which a grant or loan agreement was
executed before the effective date of this amendatory Act of
the 96th General Assembly, (ii) for which prior-incurred costs
are being reimbursed, or (iii) for a federally funded program
under which the requirement of this Section would contravene
federal law. Each recipient shall submit the written
certification and business enterprise program plan for
minority-owned businesses, female-owned businesses, and
businesses owned by persons with disabilities before signing
the relevant grant or loan agreement. Each grant or loan
agreement shall include a provision that the grant or loan
recipient agrees to comply with the provisions of the Business
Enterprise for Minorities, Females, and Persons with
Disabilities Act (30 ILCS 575/) and the equal employment
practices of Section 2-105 of the Illinois Human Rights Act
(775 ILCS 5/2-105).
    Each business enterprise program plan shall apply only to
the State-funded portion of the relevant capital project and
must be in compliance with all certification and other
requirements of the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act.
 
    Section 10. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by
changing Section 7 as follows:
 
    (30 ILCS 575/7)  (from Ch. 127, par. 132.607)
    (Section scheduled to be repealed on June 30, 2010)
    Sec. 7. Exemptions and waivers; publication of data.
    (1) Individual contract exemptions. The Council, on its own
initiative or at the request of the affected agency, or
university, 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, females, and persons with disabilities prior to the
advertisement for bids or solicitation of proposals 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
businesses owned by minorities, females, 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.
    (2) Class exemptions. (a) Creation. The Council, on its own
initiative or at the request of the affected agency or
university, may permit an entire class of contracts be made
exempt from State contracting goals for businesses owned by
minorities, females, 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, females, and persons
with disabilities to ensure adequate competition and an
expectation of reasonable prices on bids or proposals within
that class.
    (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, females, and persons with disabilities.
    (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 waivers granted under
this Section with respect to contracts under his or her
jurisdiction. The database, which shall be updated
periodically as necessary, shall be searchable by contractor
name and by contracting State agency.
    Each public notice required by law of the award of a State
contract shall include for each bid submitted for that contract
the following: (i) the bidder's name, (ii) the bid amount,
(iii) the bid's percentage of disadvantaged business
utilization plan, and (iv) the bid's percentage of business
enterprise program utilization plan.
(Source: P.A. 88-597, eff. 8-28-94.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/16/2010