101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5871

 

Introduced , by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Economic Equity Act. Provides for programs and amends various statutory provisions for the purpose of aiding economically disadvantaged persons and groups. Effective immediately.


LRB101 23250 RJF 74399 b

 

 

A BILL FOR

 

HB5871LRB101 23250 RJF 74399 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Economic
5Equity Act.
 
6
Article 1.

 
7    Section 1-1. Short title. This Act may be cited as the
8Employee Background Fairness Act.
 
9    Section 1-5. Definitions. As used in this Act:
10    "Adverse action" means to fail or refuse to hire an
11applicant, to discharge or to not promote any employee, or to
12classify employees in a way that would deprive or tend to
13deprive any individual of employment opportunities.
14    "Applicant" means a person pursuing employment with an
15employer.
16    "Conviction" means a judgment of conviction or sentence
17entered upon a plea of guilty or upon a verdict or finding of
18guilty of a criminal offense, rendered by a legally constituted
19jury or by a court in a case without a jury. For purposes of
20this Act, an order of supervision or qualified probation, as
21defined by Section 5.2 of the Criminal Identification Act, that

 

 

HB5871- 2 -LRB101 23250 RJF 74399 b

1has been discharged or dismissed shall not be deemed a
2conviction.
3    "Criminal history record information" means records of
4arrest, complaint, indictment, or any disposition arising
5therefrom.
6    "Criminal history report" means any written, oral, or other
7communication of information that includes criminal history
8record information about a natural person, produced by law
9enforcement or police agencies, courts, a consumer reporting
10agency, or an employment screening agency or business.
11    "Direct relationship" means a consideration of whether the
12employment position offers the opportunity for the same or a
13similar offense to occur and whether circumstances leading to
14the conduct for which the person was convicted will recur in
15the employment position.
16    "Employee" means an individual who receives compensation
17for performing services for an employer under an express or
18implied contract of hire.
19    "Employer" means an individual or entity that permits one
20or more individuals to work, accepts applications for
21employment, or is an agent of an employer.
22    "Employment" means any occupation or vocation, including,
23but not limited to, temporary or seasonal work, work through a
24temporary or other employment agency, or any form of vocational
25or educational training program for which an individual
26receives compensation for performing services for an employer

 

 

HB5871- 3 -LRB101 23250 RJF 74399 b

1under an express or implied contract for hire.
 
2    Section 1-10. Use of criminal history record information.
3    (a) An employer may not base an adverse action, in whole or
4in part, against an employee or applicant, based on criminal
5history record information without adhering to the
6requirements of this Act. Unless authorized by law, no inquiry
7or adverse action may be taken, based in whole or in part on:
8        (1) an arrest not leading to conviction;
9        (2) participation in or completion of a diversion or a
10    deferral of judgment program;
11        (3) a conviction that has been vacated or ordered
12    expunged, sealed, or impounded by a court;
13        (4) an adjudication or other information regarding a
14    matter processed through the juvenile court system; or
15        (5) information pertaining to an offense other than a
16    felony or misdemeanor.
17    (b) Before taking any adverse action based, in whole in
18part, on criminal history record information, the employer or
19the employer's agent shall provide the applicant or employee a
20written notice that includes:
21        (1) a copy of any criminal history report about the
22    individual obtained by the employer;
23        (2) the specific conviction or convictions that have a
24    direct relationship to the employment sought or for which
25    there is a federal, State, or local law prohibiting the

 

 

HB5871- 4 -LRB101 23250 RJF 74399 b

1    employer from employing or placing the applicant or
2    employee;
3        (3) a clear statement informing the applicant or
4    employee that he or she may provide information to the
5    employer that:
6            (A) the criminal history record information is
7        inaccurate;
8            (B) the criminal history information is prohibited
9        from inquiry or consideration under Section (a); or
10            (C) there are mitigating circumstances that
11        demonstrate the individual's fitness for the position
12        including, but not limited to, activities since the
13        date of the offense and evidence of rehabilitation.
14    An employee or applicant has a period of not less than 7
15days from the date of notice within which the applicant or
16employee may provide to the employer information concerning
17rehabilitation and mitigating circumstances.
18    (c) An employer shall conduct a good faith, individualized
19assessment of any information provided by the applicant or
20employee before taking a final adverse action. This assessment
21shall include any evidence of mitigation or rehabilitation
22since the conviction or evidence about the accuracy of criminal
23history record information provided by the applicant or
24employee.
25    (d) An employer must hold the position sought by the
26applicant or employee open until the individual provides

 

 

HB5871- 5 -LRB101 23250 RJF 74399 b

1additional information and the review of that information under
2subsection (c) or until the period of time to provide
3additional information under subsection (c) has passed if no
4information is provided. At or before the time the employer
5fills the position, the employer must provide the applicant or
6employee with a final written determination that includes the
7following:
8        (1) a statement of the employer's final determination;
9        (2) a description of an appeal process, if any; and
10        (3) the earliest date, if any, when the individual may
11    reapply for the position.
 
12    Section 1-15. Retaliatory or discriminatory acts. A person
13shall not retaliate or discriminate against an applicant or
14employee because the person has done or was about to do any of
15the following:
16        (1) File a complaint under this Act.
17        (2) Testify, assist, or participate in an
18    investigation, proceeding, or action concerning a
19    violation of this Act.
20        (3) Oppose a violation of this Act.
 
21    Section 1-20. Waiver. An employer shall not require an
22applicant or employee to waive any right under this Act. An
23agreement by an applicant or employee to waive any right under
24this Act is invalid and unenforceable.
 

 

 

HB5871- 6 -LRB101 23250 RJF 74399 b

1    Section 1-25. Remedies for violation of the Act. An
2applicant or employee denied employment or discharged from
3employment because of his or her criminal history in violation
4of this Act may recover from the employer in a civil action:
5        (1) damages in the amount of $2,000 or actual damages,
6    whichever is greater;
7        (2) costs and such reasonable attorney's fees as may be
8    allowed by the court; and
9        (3) any other relief as may be appropriate, including
10    punitive damages.
 
11    Section 1-30. Civil immunity. Except for willful or wanton
12misconduct or when required by law, an employer shall not be
13civilly liable for failure to consider criminal history record
14information of an applicant or employee or for limiting its
15inquiry into an applicant's or employee's criminal history
16pursuant to this Act.
 
17
Article 10.

 
18    Section 10-5. The Business Enterprise for Minorities,
19Women, and Persons with Disabilities Act is amended by changing
20Section 4 as follows:
 
21    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)

 

 

HB5871- 7 -LRB101 23250 RJF 74399 b

1    (Section scheduled to be repealed on June 30, 2024)
2    Sec. 4. Award of State contracts.
3    (a) Except as provided in subsection (b), not less than 30%
420% of the total dollar amount of State contracts, as defined
5by the Secretary of the Council and approved by the Council,
6shall be established as an aspirational goal to be awarded to
7businesses owned by minorities, women, and persons with
8disabilities; provided, however, that of the total amount of
9all State contracts awarded to businesses owned by minorities,
10women, and persons with disabilities pursuant to this Section,
11contracts representing at least 16% 11% shall be awarded to
12businesses owned by minorities, contracts representing at
13least 10% 7% shall be awarded to women-owned businesses, and
14contracts representing at least 4% 2% shall be awarded to
15businesses owned by persons with disabilities.
16    (a-5) In addition to the aspirational goals in awarding
17State contracts set under subsection (a), the Department of
18Central Management Services shall by rule further establish
19committed diversity aspirational goals for State contracts
20awarded to businesses owned by minorities, women, and persons
21with disabilities. Such efforts shall include, but not be
22limited to, further concerted outreach efforts to businesses
23owned by minorities, women, and persons with disabilities.
24    The above percentage relates to the total dollar amount of
25State contracts during each State fiscal year, calculated by
26examining independently each type of contract for each agency

 

 

HB5871- 8 -LRB101 23250 RJF 74399 b

1or public institutions of higher education which lets such
2contracts. Only that percentage of arrangements which
3represents the participation of businesses owned by
4minorities, women, and persons with disabilities on such
5contracts shall be included. State contracts subject to the
6requirements of this Act shall include the requirement that
7only expenditures to businesses owned by minorities, women, and
8persons with disabilities that perform a commercially useful
9function may be counted toward the goals set forth by this Act.
10Contracts shall include a definition of "commercially useful
11function" that is consistent with 49 CFR 26.55(c).
12    (b) Not less than 20% of the total dollar amount of State
13construction contracts is established as an aspirational goal
14to be awarded to businesses owned by minorities, women, and
15persons with disabilities; provided that, contracts
16representing at least 11% of the total dollar amount of State
17construction contracts shall be awarded to businesses owned by
18minorities; contracts representing at least 7% of the total
19dollar amount of State construction contracts shall be awarded
20to women-owned businesses; and contracts representing at least
212% of the total dollar amount of State construction contracts
22shall be awarded to businesses owned by persons with
23disabilities.
24    (c) (Blank).
25    (d) Within one year after April 28, 2009 (the effective
26date of Public Act 96-8), the Department of Central Management

 

 

HB5871- 9 -LRB101 23250 RJF 74399 b

1Services shall conduct a social scientific study that measures
2the impact of discrimination on minority and women business
3development in Illinois. Within 18 months after April 28, 2009
4(the effective date of Public Act 96-8), the Department shall
5issue a report of its findings and any recommendations on
6whether to adjust the goals for minority and women
7participation established in this Act. Copies of this report
8and the social scientific study shall be filed with the
9Governor and the General Assembly.
10    By December 1, 2020, the Department of Central Management
11Services shall conduct a new social scientific study that
12measures the impact of discrimination on minority and women
13business development in Illinois. By June 1, 2022, the
14Department shall issue a report of its findings and any
15recommendations on whether to adjust the goals for minority and
16women participation established in this Act. Copies of this
17report and the social scientific study shall be filed with the
18Governor, the Advisory Board, and the General Assembly. By
19December 1, 2022, the Department of Central Management Services
20Business Enterprise Program shall develop a model for social
21scientific disparity study sourcing for local governmental
22units to adapt and implement to address regional disparities in
23public procurement.
24    (e) Except as permitted under this Act or as otherwise
25mandated by federal law or regulation, those who submit bids or
26proposals for State contracts subject to the provisions of this

 

 

HB5871- 10 -LRB101 23250 RJF 74399 b

1Act, whose bids or proposals are successful and include a
2utilization plan but that fail to meet the goals set forth in
3subsection (b) of this Section, shall be notified of that
4deficiency and shall be afforded a period not to exceed 10
5calendar days from the date of notification to cure that
6deficiency in the bid or proposal. The deficiency in the bid or
7proposal may only be cured by contracting with additional
8subcontractors who are owned by minorities or women. Any
9increase in cost to a contract for the addition of a
10subcontractor to cure a bid's deficiency shall not affect the
11bid price, shall not be used in the request for an exemption in
12this Act, and in no case shall an identified subcontractor with
13a certification made pursuant to this Act be terminated from
14the contract without the written consent of the State agency or
15public institution of higher education entering into the
16contract.
17    (f) Non-construction solicitations that include Business
18Enterprise Program participation goals shall require bidders
19and offerors to include utilization plans. Utilization plans
20are due at the time of bid or offer submission. Failure to
21complete and include a utilization plan, including
22documentation demonstrating good faith effort when requesting
23a waiver, shall render the bid or offer non-responsive.
24(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
25101-601, eff. 1-1-20; revised 10-26-20.)
 

 

 

HB5871- 11 -LRB101 23250 RJF 74399 b

1
Article 20.

 
2    Section 20-5. The Illinois Public Labor Relations Act is
3amended by adding Section 9.5 as follows:
 
4    (5 ILCS 315/9.5 new)
5    Sec. 9.5. Labor organization diverse membership. Any labor
6organization that is selected as the exclusive representative
7of the employees of a bargaining unit and subject to the
8provisions of this Act shall take actions to establish and
9maintain membership that includes Descendants of American
10Slavery that is proportionate to the percentage of such persons
11who are residents of this State, and shall report those actions
12to the Business Enterprise Council for Minorities, Women, and
13Persons with Disabilities. For the purposes of this Section,
14"Descendants of American Slavery" means a person as described
15within the meaning of "minority person" under Section 2 of the
16Business Enterprise for Minorities, Women, and Persons with
17Disabilities Act.
 
18    Section 20-10. The Business Enterprise for Minorities,
19Women, and Persons with Disabilities Act is amended by changing
20Sections 2, 4, 4f, 6, 7, and 8f as follows:
 
21    (30 ILCS 575/2)
22    (Section scheduled to be repealed on June 30, 2024)

 

 

HB5871- 12 -LRB101 23250 RJF 74399 b

1    Sec. 2. Definitions.
2    (A) For the purpose of this Act, the following terms shall
3have the following definitions:
4        (1) "Minority person" shall mean a person who is a
5    citizen or lawful permanent resident of the United States
6    and who is any of the following:
7            (a) American Indian or Alaska Native (a person
8        having origins in any of the original peoples of North
9        and South America, including Central America, and who
10        maintains tribal affiliation or community attachment).
11            (b) Asian (a person having origins in any of the
12        original peoples of the Far East, Southeast Asia, or
13        the Indian subcontinent, including, but not limited
14        to, Cambodia, China, India, Japan, Korea, Malaysia,
15        Pakistan, the Philippine Islands, Thailand, and
16        Vietnam).
17            (c) Black or African American (a person having
18        origins in any of the black racial groups of Africa).
19            (c-5) Descendant of American Slavery (a person
20        having direct ancestral lineage to victims of slavery
21        in the United States of America).
22            (d) Hispanic or Latino (a person of Cuban, Mexican,
23        Puerto Rican, South or Central American, or other
24        Spanish culture or origin, regardless of race).
25            (e) Native Hawaiian or Other Pacific Islander (a
26        person having origins in any of the original peoples of

 

 

HB5871- 13 -LRB101 23250 RJF 74399 b

1        Hawaii, Guam, Samoa, or other Pacific Islands).
2        (2) "Woman" shall mean a person who is a citizen or
3    lawful permanent resident of the United States and who is
4    of the female gender.
5        (2.05) "Person with a disability" means a person who is
6    a citizen or lawful resident of the United States and is a
7    person qualifying as a person with a disability under
8    subdivision (2.1) of this subsection (A).
9        (2.1) "Person with a disability" means a person with a
10    severe physical or mental disability that:
11            (a) results from:
12            amputation,
13            arthritis,
14            autism,
15            blindness,
16            burn injury,
17            cancer,
18            cerebral palsy,
19            Crohn's disease,
20            cystic fibrosis,
21            deafness,
22            head injury,
23            heart disease,
24            hemiplegia,
25            hemophilia,
26            respiratory or pulmonary dysfunction,

 

 

HB5871- 14 -LRB101 23250 RJF 74399 b

1            an intellectual disability,
2            mental illness,
3            multiple sclerosis,
4            muscular dystrophy,
5            musculoskeletal disorders,
6            neurological disorders, including stroke and
7        epilepsy,
8            paraplegia,
9            quadriplegia and other spinal cord conditions,
10            sickle cell anemia,
11            ulcerative colitis,
12            specific learning disabilities, or
13            end stage renal failure disease; and
14            (b) substantially limits one or more of the
15        person's major life activities.
16        Another disability or combination of disabilities may
17    also be considered as a severe disability for the purposes
18    of item (a) of this subdivision (2.1) if it is determined
19    by an evaluation of rehabilitation potential to cause a
20    comparable degree of substantial functional limitation
21    similar to the specific list of disabilities listed in item
22    (a) of this subdivision (2.1).
23        (3) "Minority-owned business" means a business which
24    is at least 51% owned by one or more minority persons, or
25    in the case of a corporation, at least 51% of the stock in
26    which is owned by one or more minority persons; and the

 

 

HB5871- 15 -LRB101 23250 RJF 74399 b

1    management and daily business operations of which are
2    controlled by one or more of the minority individuals who
3    own it.
4        (4) "Women-owned business" means a business which is at
5    least 51% owned by one or more women, or, in the case of a
6    corporation, at least 51% of the stock in which is owned by
7    one or more women; and the management and daily business
8    operations of which are controlled by one or more of the
9    women who own it.
10        (4.1) "Business owned by a person with a disability"
11    means a business that is at least 51% owned by one or more
12    persons with a disability and the management and daily
13    business operations of which are controlled by one or more
14    of the persons with disabilities who own it. A
15    not-for-profit agency for persons with disabilities that
16    is exempt from taxation under Section 501 of the Internal
17    Revenue Code of 1986 is also considered a "business owned
18    by a person with a disability".
19        (4.2) "Council" means the Business Enterprise Council
20    for Minorities, Women, and Persons with Disabilities
21    created under Section 5 of this Act.
22        (5) "State contracts" means all contracts entered into
23    by the State, any agency or department thereof, or any
24    public institution of higher education, including
25    community college districts, regardless of the source of
26    the funds with which the contracts are paid, which are not

 

 

HB5871- 16 -LRB101 23250 RJF 74399 b

1    subject to federal reimbursement. "State contracts" does
2    not include contracts awarded by a retirement system,
3    pension fund, or investment board subject to Section
4    1-109.1 of the Illinois Pension Code. This definition shall
5    control over any existing definition under this Act or
6    applicable administrative rule.
7        "State construction contracts" means all State
8    contracts entered into by a State agency or public
9    institution of higher education for the repair,
10    remodeling, renovation or construction of a building or
11    structure, or for the construction or maintenance of a
12    highway defined in Article 2 of the Illinois Highway Code.
13        (6) "State agencies" shall mean all departments,
14    officers, boards, commissions, institutions and bodies
15    politic and corporate of the State, but does not include
16    the Board of Trustees of the University of Illinois, the
17    Board of Trustees of Southern Illinois University, the
18    Board of Trustees of Chicago State University, the Board of
19    Trustees of Eastern Illinois University, the Board of
20    Trustees of Governors State University, the Board of
21    Trustees of Illinois State University, the Board of
22    Trustees of Northeastern Illinois University, the Board of
23    Trustees of Northern Illinois University, the Board of
24    Trustees of Western Illinois University, municipalities or
25    other local governmental units, or other State
26    constitutional officers.

 

 

HB5871- 17 -LRB101 23250 RJF 74399 b

1        (7) "Public institutions of higher education" means
2    the University of Illinois, Southern Illinois University,
3    Chicago State University, Eastern Illinois University,
4    Governors State University, Illinois State University,
5    Northeastern Illinois University, Northern Illinois
6    University, Western Illinois University, the public
7    community colleges of the State, and any other public
8    universities, colleges, and community colleges now or
9    hereafter established or authorized by the General
10    Assembly.
11        (8) "Certification" means a determination made by the
12    Council or by one delegated authority from the Council to
13    make certifications, or by a State agency with statutory
14    authority to make such a certification, that a business
15    entity is a business owned by a minority, woman, or person
16    with a disability for whatever purpose. A business owned
17    and controlled by women shall be certified as a
18    "woman-owned business". A business owned and controlled by
19    women who are also minorities shall be certified as both a
20    "women-owned business" and a "minority-owned business".
21        (9) "Control" means the exclusive or ultimate and sole
22    control of the business including, but not limited to,
23    capital investment and all other financial matters,
24    property, acquisitions, contract negotiations, legal
25    matters, officer-director-employee selection and
26    comprehensive hiring, operating responsibilities,

 

 

HB5871- 18 -LRB101 23250 RJF 74399 b

1    cost-control matters, income and dividend matters,
2    financial transactions and rights of other shareholders or
3    joint partners. Control shall be real, substantial and
4    continuing, not pro forma. Control shall include the power
5    to direct or cause the direction of the management and
6    policies of the business and to make the day-to-day as well
7    as major decisions in matters of policy, management and
8    operations. Control shall be exemplified by possessing the
9    requisite knowledge and expertise to run the particular
10    business and control shall not include simple majority or
11    absentee ownership.
12        (10) "Business" means a business that has annual gross
13    sales of less than $75,000,000 as evidenced by the federal
14    income tax return of the business. A firm with gross sales
15    in excess of this cap may apply to the Council for
16    certification for a particular contract if the firm can
17    demonstrate that the contract would have significant
18    impact on businesses owned by minorities, women, or persons
19    with disabilities as suppliers or subcontractors or in
20    employment of minorities, women, or persons with
21    disabilities.
22        (11) "Utilization plan" means a form and additional
23    documentations included in all bids or proposals that
24    demonstrates a vendor's proposed utilization of vendors
25    certified by the Business Enterprise Program to meet the
26    targeted goal. The utilization plan shall demonstrate that

 

 

HB5871- 19 -LRB101 23250 RJF 74399 b

1    the Vendor has either: (1) met the entire contract goal or
2    (2) requested a full or partial waiver and made good faith
3    efforts towards meeting the goal.
4        (12) "Business Enterprise Program" means the Business
5    Enterprise Program of the Department of Central Management
6    Services.
7    (B) When a business is owned at least 51% by any
8combination of minority persons, women, or persons with
9disabilities, even though none of the 3 classes alone holds at
10least a 51% interest, the ownership requirement for purposes of
11this Act is considered to be met. The certification category
12for the business is that of the class holding the largest
13ownership interest in the business. If 2 or more classes have
14equal ownership interests, the certification category shall be
15determined by the business.
16(Source: P.A. 100-391, eff. 8-25-17; 101-601, eff. 1-1-20.)
 
17    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
18    (Section scheduled to be repealed on June 30, 2024)
19    Sec. 4. Award of State contracts.
20    (a) Except as provided in subsections subsection (b) and
21(b-5), not less than 20% of the total dollar amount of State
22contracts, as defined by the Secretary of the Council and
23approved by the Council, shall be established as an
24aspirational goal to be awarded to businesses owned by
25minorities, women, and persons with disabilities; provided,

 

 

HB5871- 20 -LRB101 23250 RJF 74399 b

1however, that of the total amount of all State contracts
2awarded to businesses owned by minorities, women, and persons
3with disabilities pursuant to this Section, contracts
4representing at least 11% shall be awarded to businesses owned
5by minorities, contracts representing at least 7% shall be
6awarded to women-owned businesses, and contracts representing
7at least 2% shall be awarded to businesses owned by persons
8with disabilities.
9    The above percentage relates to the total dollar amount of
10State contracts during each State fiscal year, calculated by
11examining independently each type of contract for each agency
12or public institutions of higher education which lets such
13contracts. Only that percentage of arrangements which
14represents the participation of businesses owned by
15minorities, women, and persons with disabilities on such
16contracts shall be included. State contracts subject to the
17requirements of this Act shall include the requirement that
18only expenditures to businesses owned by minorities, women, and
19persons with disabilities that perform a commercially useful
20function may be counted toward the goals set forth by this Act.
21Contracts shall include a definition of "commercially useful
22function" that is consistent with 49 CFR 26.55(c).
23    (b) Except as provided in subsection (b-5), not Not less
24than 20% of the total dollar amount of State construction
25contracts is established as an aspirational goal to be awarded
26to businesses owned by minorities, women, and persons with

 

 

HB5871- 21 -LRB101 23250 RJF 74399 b

1disabilities; provided that, contracts representing at least
211% of the total dollar amount of State construction contracts
3shall be awarded to businesses owned by minorities; contracts
4representing at least 7% of the total dollar amount of State
5construction contracts shall be awarded to women-owned
6businesses; and contracts representing at least 2% of the total
7dollar amount of State construction contracts shall be awarded
8to businesses owned by persons with disabilities.
9    (b-5) Notwithstanding the provisions of subsections (a)
10and (b), it shall be established as an aspirational goal to
11award State contracts to businesses owned by Descendants of
12American Slavery in a total dollar amount that is proportionate
13to the percentage of such persons who are residents of this
14State.
15    Those who submit bids or proposals for State contracts
16subject to the provisions of this Act, whose bids or proposals
17are successful, but that fail to meet the goals set forth in
18this subsection (b-5), shall be notified of that deficiency and
19shall be afforded a period not to exceed 10 calendar days from
20the date of notification to cure that deficiency in the bid or
21proposal. The deficiency in the bid or proposal may only be
22cured by contracting with additional subcontractors who are
23owned by Descendants of American Slavery. Any increase in cost
24to a contract for the addition of a subcontractor to cure a
25bid's deficiency shall not affect the bid price, shall not be
26used in the request for an exemption in this Act, and in no

 

 

HB5871- 22 -LRB101 23250 RJF 74399 b

1case shall an identified subcontractor with a certification
2made pursuant to this Act be terminated from the contract
3without the written consent of the State agency or public
4institution of higher education entering into the contract.
5    A contractor submitting bids or proposals for State
6contracts subject to the provisions of this Act shall submit a
7plan to the Council outlining its efforts to utilize
8subcontractors owned by Descendants of American Slavery for the
9purposes of fulfilling the goals and requirements established
10under this Act.
11    (c) (Blank).
12    (d) Within one year after April 28, 2009 (the effective
13date of Public Act 96-8), the Department of Central Management
14Services shall conduct a social scientific study that measures
15the impact of discrimination on minority and women business
16development in Illinois. Within 18 months after April 28, 2009
17(the effective date of Public Act 96-8), the Department shall
18issue a report of its findings and any recommendations on
19whether to adjust the goals for minority and women
20participation established in this Act. Copies of this report
21and the social scientific study shall be filed with the
22Governor and the General Assembly.
23    By December 1, 2020, the Department of Central Management
24Services shall conduct a new social scientific study that
25measures the impact of discrimination on minority and women
26business development in Illinois. By June 1, 2022, the

 

 

HB5871- 23 -LRB101 23250 RJF 74399 b

1Department shall issue a report of its findings and any
2recommendations on whether to adjust the goals for minority and
3women participation established in this Act. Copies of this
4report and the social scientific study shall be filed with the
5Governor, the Advisory Board, and the General Assembly. By
6December 1, 2022, the Department of Central Management Services
7Business Enterprise Program shall develop a model for social
8scientific disparity study sourcing for local governmental
9units to adapt and implement to address regional disparities in
10public procurement.
11    (e) Except as permitted under this Act or as otherwise
12mandated by federal law or regulation, those who submit bids or
13proposals for State contracts subject to the provisions of this
14Act, whose bids or proposals are successful and include a
15utilization plan but that fail to meet the goals set forth in
16subsection (b) of this Section, shall be notified of that
17deficiency and shall be afforded a period not to exceed 10
18calendar days from the date of notification to cure that
19deficiency in the bid or proposal. The deficiency in the bid or
20proposal may only be cured by contracting with additional
21subcontractors who are owned by minorities or women. Any
22increase in cost to a contract for the addition of a
23subcontractor to cure a bid's deficiency shall not affect the
24bid price, shall not be used in the request for an exemption in
25this Act, and in no case shall an identified subcontractor with
26a certification made pursuant to this Act be terminated from

 

 

HB5871- 24 -LRB101 23250 RJF 74399 b

1the contract without the written consent of the State agency or
2public institution of higher education entering into the
3contract.
4    (f) Non-construction solicitations that include Business
5Enterprise Program participation goals shall require bidders
6and offerors to include utilization plans. Utilization plans
7are due at the time of bid or offer submission. Failure to
8complete and include a utilization plan, including
9documentation demonstrating good faith effort when requesting
10a waiver, shall render the bid or offer non-responsive.
11(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
12101-601, eff. 1-1-20; revised 10-26-20.)
 
13    (30 ILCS 575/4f)
14    (Section scheduled to be repealed on June 30, 2024)
15    Sec. 4f. Award of State contracts.
16    (1) It is hereby declared to be the public policy of the
17State of Illinois to promote and encourage each State agency
18and public institution of higher education to use businesses
19owned by minorities, women, and persons with disabilities in
20the area of goods and services, including, but not limited to,
21insurance services, investment management services,
22information technology services, accounting services,
23architectural and engineering services, and legal services.
24Furthermore, each State agency and public institution of higher
25education shall utilize such firms to the greatest extent

 

 

HB5871- 25 -LRB101 23250 RJF 74399 b

1feasible within the bounds of financial and fiduciary prudence,
2and take affirmative steps to remove any barriers to the full
3participation of such firms in the procurement and contracting
4opportunities afforded.
5        (a) When a State agency or public institution of higher
6    education, other than a community college, awards a
7    contract for insurance services, for each State agency or
8    public institution of higher education, it shall be the
9    aspirational goal to use insurance brokers owned by
10    minorities, women, and persons with disabilities as
11    defined by this Act, for not less than 20% of the total
12    annual premiums or fees; provided that, contracts
13    representing at least 11% of the total annual premiums or
14    fees shall be awarded to businesses owned by minorities;
15    contracts representing at least 7% of the total annual
16    premiums or fees shall be awarded to women-owned
17    businesses; and contracts representing at least 2% of the
18    total annual premiums or fees shall be awarded to
19    businesses owned by persons with disabilities.
20        (a-5) Notwithstanding subsection (a), when a State
21    agency or public institution of higher education awards a
22    contract for insurance services, for each State agency or
23    public institution of higher education, it shall be the
24    aspirational goal to use insurance brokers owned by
25    Descendants of American Slavery in a percentage of the
26    total annual premiums or fees that is proportionate to the

 

 

HB5871- 26 -LRB101 23250 RJF 74399 b

1    percentage of such persons who are residents of this State.
2        (b) When a State agency or public institution of higher
3    education, other than a community college, awards a
4    contract for investment services, for each State agency or
5    public institution of higher education, it shall be the
6    aspirational goal to use emerging investment managers
7    owned by minorities, women, and persons with disabilities
8    as defined by this Act, for not less than 20% of the total
9    funds under management; provided that, contracts
10    representing at least 11% of the total funds under
11    management shall be awarded to businesses owned by
12    minorities; contracts representing at least 7% of the total
13    funds under management shall be awarded to women-owned
14    businesses; and contracts representing at least 2% of the
15    total funds under management shall be awarded to businesses
16    owned by persons with disabilities. Furthermore, it is the
17    aspirational goal that not less than 20% of the direct
18    asset managers of the State funds be minorities, women, and
19    persons with disabilities.
20        (b-5) Notwithstanding subsection (b), when a State
21    agency or public institution of higher education awards a
22    contract for investment services, for each State agency or
23    public institution of higher education, it shall be the
24    aspirational goal to use emerging investment managers
25    owned by Descendants of American Slavery in a percentage of
26    the total funds under management that is proportionate to

 

 

HB5871- 27 -LRB101 23250 RJF 74399 b

1    the percentage of such persons who are residents of this
2    State.
3        (c) When a State agency or public institution of higher
4    education, other than a community college, awards
5    contracts for information technology services, accounting
6    services, architectural and engineering services, and
7    legal services, for each State agency and public
8    institution of higher education, it shall be the
9    aspirational goal to use such firms owned by minorities,
10    women, and persons with disabilities as defined by this Act
11    and lawyers who are minorities, women, and persons with
12    disabilities as defined by this Act, for not less than 20%
13    of the total dollar amount of State contracts; provided
14    that, contracts representing at least 11% of the total
15    dollar amount of State contracts shall be awarded to
16    businesses owned by minorities or minority lawyers;
17    contracts representing at least 7% of the total dollar
18    amount of State contracts shall be awarded to women-owned
19    businesses or women who are lawyers; and contracts
20    representing at least 2% of the total dollar amount of
21    State contracts shall be awarded to businesses owned by
22    persons with disabilities or persons with disabilities who
23    are lawyers.
24        (c-5) Notwithstanding subsection (c), when a State
25    agency or public institution of higher education awards
26    contracts for information technology services, accounting

 

 

HB5871- 28 -LRB101 23250 RJF 74399 b

1    services, architectural and engineering services, and
2    legal services, for each State agency or public institution
3    of higher education, it shall be the aspirational goal to
4    use such firms owned by Descendants of American Slavery and
5    lawyers who are Descendants of American Slavery in a
6    percentage of the total dollar amount of State contracts
7    that is proportionate to the percentage of such persons who
8    are residents of this State.
9        (d) When a community college awards a contract for
10    insurance services, investment services, information
11    technology services, accounting services, architectural
12    and engineering services, and legal services, it shall be
13    the aspirational goal of each community college to use
14    businesses owned by minorities, women, and persons with
15    disabilities as defined in this Act for not less than 20%
16    of the total amount spent on contracts for these services
17    collectively; provided that, contracts representing at
18    least 11% of the total amount spent on contracts for these
19    services shall be awarded to businesses owned by
20    minorities; contracts representing at least 7% of the total
21    amount spent on contracts for these services shall be
22    awarded to women-owned businesses; and contracts
23    representing at least 2% of the total amount spent on
24    contracts for these services shall be awarded to businesses
25    owned by persons with disabilities. When a community
26    college awards contracts for investment services,

 

 

HB5871- 29 -LRB101 23250 RJF 74399 b

1    contracts awarded to investment managers who are not
2    emerging investment managers as defined in this Act shall
3    not be considered businesses owned by minorities, women, or
4    persons with disabilities for the purposes of this Section.
5    (2) As used in this Section:
6        "Accounting services" means the measurement,
7    processing and communication of financial information
8    about economic entities including, but is not limited to,
9    financial accounting, management accounting, auditing,
10    cost containment and auditing services, taxation and
11    accounting information systems.
12        "Architectural and engineering services" means
13    professional services of an architectural or engineering
14    nature, or incidental services, that members of the
15    architectural and engineering professions, and individuals
16    in their employ, may logically or justifiably perform,
17    including studies, investigations, surveying and mapping,
18    tests, evaluations, consultations, comprehensive planning,
19    program management, conceptual designs, plans and
20    specifications, value engineering, construction phase
21    services, soils engineering, drawing reviews, preparation
22    of operating and maintenance manuals, and other related
23    services.
24        "Emerging investment manager" means an investment
25    manager or claims consultant having assets under
26    management below $10 billion or otherwise adjudicating

 

 

HB5871- 30 -LRB101 23250 RJF 74399 b

1    claims.
2        "Information technology services" means, but is not
3    limited to, specialized technology-oriented solutions by
4    combining the processes and functions of software,
5    hardware, networks, telecommunications, web designers,
6    cloud developing resellers, and electronics.
7        "Insurance broker" means an insurance brokerage firm,
8    claims administrator, or both, that procures, places all
9    lines of insurance, or administers claims with annual
10    premiums or fees of at least $5,000,000 but not more than
11    $10,000,000.
12        "Legal services" means work performed by a lawyer
13    including, but not limited to, contracts in anticipation of
14    litigation, enforcement actions, or investigations.
15    (3) Each State agency and public institution of higher
16education shall adopt policies that identify its plan and
17implementation procedures for increasing the use of service
18firms owned by minorities, women, and persons with
19disabilities.
20    (4) Except as provided in subsection (5), the Council shall
21file no later than March 1 of each year an annual report to the
22Governor, the Bureau on Apprenticeship Programs, and the
23General Assembly. The report filed with the General Assembly
24shall be filed as required in Section 3.1 of the General
25Assembly Organization Act. This report shall: (i) identify the
26service firms used by each State agency and public institution

 

 

HB5871- 31 -LRB101 23250 RJF 74399 b

1of higher education, (ii) identify the actions it has
2undertaken to increase the use of service firms owned by
3minorities, women, and persons with disabilities, including
4encouraging non-minority-owned firms to use other service
5firms owned by minorities, women, and persons with disabilities
6as subcontractors when the opportunities arise, (iii) state any
7recommendations made by the Council to each State agency and
8public institution of higher education to increase
9participation by the use of service firms owned by minorities,
10women, and persons with disabilities, and (iv) include the
11following:
12        (A) For insurance services: the names of the insurance
13    brokers or claims consultants used, the total of risk
14    managed by each State agency and public institution of
15    higher education by insurance brokers, the total
16    commissions, fees paid, or both, the lines or insurance
17    policies placed, and the amount of premiums placed; and the
18    percentage of the risk managed by insurance brokers, the
19    percentage of total commission, fees paid, or both, the
20    lines or insurance policies placed, and the amount of
21    premiums placed with each by the insurance brokers owned by
22    minorities, women, and persons with disabilities by each
23    State agency and public institution of higher education.
24        (B) For investment management services: the names of
25    the investment managers used, the total funds under
26    management of investment managers; the total commissions,

 

 

HB5871- 32 -LRB101 23250 RJF 74399 b

1    fees paid, or both; the total and percentage of funds under
2    management of emerging investment managers owned by
3    minorities, women, and persons with disabilities,
4    including the total and percentage of total commissions,
5    fees paid, or both by each State agency and public
6    institution of higher education.
7        (C) The names of service firms, the percentage and
8    total dollar amount paid for professional services by
9    category by each State agency and public institution of
10    higher education.
11        (D) The names of service firms, the percentage and
12    total dollar amount paid for services by category to firms
13    owned by minorities, women, and persons with disabilities
14    by each State agency and public institution of higher
15    education.
16        (E) The total number of contracts awarded for services
17    by category and the total number of contracts awarded to
18    firms owned by minorities, women, and persons with
19    disabilities by each State agency and public institution of
20    higher education.
21    (5) For community college districts, the Business
22Enterprise Council shall only report the following information
23for each community college district: (i) the name of the
24community colleges in the district, (ii) the name and contact
25information of a person at each community college appointed to
26be the single point of contact for vendors owned by minorities,

 

 

HB5871- 33 -LRB101 23250 RJF 74399 b

1women, or persons with disabilities, (iii) the policy of the
2community college district concerning certified vendors, (iv)
3the certifications recognized by the community college
4district for determining whether a business is owned or
5controlled by a minority, woman, or person with a disability,
6(v) outreach efforts conducted by the community college
7district to increase the use of certified vendors, (vi) the
8total expenditures by the community college district in the
9prior fiscal year in the divisions of work specified in
10paragraphs (a), (b), and (c) of subsection (1) of this Section
11and the amount paid to certified vendors in those divisions of
12work, and (vii) the total number of contracts entered into for
13the divisions of work specified in paragraphs (a), (b), and (c)
14of subsection (1) of this Section and the total number of
15contracts awarded to certified vendors providing these
16services to the community college district. The Business
17Enterprise Council shall not make any utilization reports under
18this Act for community college districts for Fiscal Year 2015
19and Fiscal Year 2016, but shall make the report required by
20this subsection for Fiscal Year 2017 and for each fiscal year
21thereafter. The Business Enterprise Council shall report the
22information in items (i), (ii), (iii), and (iv) of this
23subsection beginning in September of 2016. The Business
24Enterprise Council may collect the data needed to make its
25report from the Illinois Community College Board.
26    (6) The status of the utilization of services shall be

 

 

HB5871- 34 -LRB101 23250 RJF 74399 b

1discussed at each of the regularly scheduled Business
2Enterprise Council meetings. Time shall be allotted for the
3Council to receive, review, and discuss the progress of the use
4of service firms owned by minorities, women, and persons with
5disabilities by each State agency and public institution of
6higher education; and any evidence regarding past or present
7racial, ethnic, or gender-based discrimination which directly
8impacts a State agency or public institution of higher
9education contracting with such firms. If after reviewing such
10evidence the Council finds that there is or has been such
11discrimination against a specific group, race or sex, the
12Council shall establish sheltered markets or adjust existing
13sheltered markets tailored to address the Council's specific
14findings for the divisions of work specified in paragraphs (a),
15(b), and (c) of subsection (1) of this Section.
16(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20.)
 
17    (30 ILCS 575/6)  (from Ch. 127, par. 132.606)
18    (Section scheduled to be repealed on June 30, 2024)
19    Sec. 6. Agency compliance plans. Each State agency and
20public institutions of higher education under the jurisdiction
21of this Act shall file with the Council an annual compliance
22plan which shall outline the goals of the State agency or
23public institutions of higher education for contracting with
24businesses owned by minorities, women, and persons with
25disabilities for the then current fiscal year, the manner in

 

 

HB5871- 35 -LRB101 23250 RJF 74399 b

1which the agency intends to reach these goals and a timetable
2for reaching these goals. The Council shall review and approve
3the plan of each State agency and public institutions of higher
4education and may reject any plan that does not comply with
5this Act or any rules or regulations promulgated pursuant to
6this Act.
7    (a) The compliance plan shall also include, but not be
8limited to, (1) a policy statement, signed by the State agency
9or public institution of higher education head, expressing a
10commitment to encourage the use of businesses owned by
11minorities, women, and persons with disabilities, (2) the
12designation of the liaison officer provided for in Section 5 of
13this Act, (3) procedures to distribute to potential contractors
14and vendors the list of all businesses legitimately classified
15as businesses owned by minorities, women, and persons with
16disabilities and so certified under this Act, (4) procedures to
17set separate contract goals on specific prime contracts and
18purchase orders with subcontracting possibilities based upon
19the type of work or services and subcontractor availability,
20(5) procedures to assure that contractors and vendors make good
21faith efforts to meet contract goals, (6) procedures for
22contract goal exemption, modification and waiver, and (7) the
23delineation of separate contract goals for businesses owned by
24minorities, women, and persons with disabilities.
25    (b) Approval of the compliance plans shall include such
26delegation of responsibilities to the requesting State agency

 

 

HB5871- 36 -LRB101 23250 RJF 74399 b

1or public institution of higher education as the Council deems
2necessary and appropriate to fulfill the purpose of this Act.
3Such responsibilities may include, but need not be limited to
4those outlined in subsections (1), (2) and (3) of Section 7,
5paragraph (a) of Section 8, and Section 8a of this Act.
6    (c) Each State agency and public institution of higher
7education under the jurisdiction of this Act shall file with
8the Council an annual report of its utilization of businesses
9owned by minorities, women, and persons with disabilities
10during the preceding fiscal year including lapse period
11spending and a mid-fiscal year report of its utilization to
12date for the then current fiscal year. The reports shall
13include a self-evaluation of the efforts of the State agency or
14public institution of higher education to meet its goals under
15the Act.
16    (d) Notwithstanding any provisions to the contrary in this
17Act, any State agency or public institution of higher education
18which administers a construction program, for which federal law
19or regulations establish standards and procedures for the
20utilization of minority-owned and women-owned businesses and
21disadvantaged businesses, shall implement a disadvantaged
22business enterprise program to include minority-owned and
23women-owned businesses and disadvantaged businesses, using the
24federal standards and procedures for the establishment of goals
25and utilization procedures for the State-funded, as well as the
26federally assisted, portions of the program. In such cases,

 

 

HB5871- 37 -LRB101 23250 RJF 74399 b

1these goals shall not exceed those established pursuant to the
2relevant federal statutes or regulations. Notwithstanding the
3provisions of Section 8b, the Illinois Department of
4Transportation is authorized to establish sheltered markets
5for the State-funded portions of the program consistent with
6federal law and regulations. Additionally, a compliance plan
7which is filed by such State agency or public institution of
8higher education pursuant to this Act, which incorporates
9equivalent terms and conditions of its federally-approved
10compliance plan, shall be deemed approved under this Act.
11    (e) Each State agency and public institution of higher
12education under the jurisdiction of this Act shall include,
13along with the compliance plan filed with the Council under
14this Section, an annual plan of action to specifically rectify
15the disparity between the representation of Descendants of
16American Slavery in State contracts compared to the percentage
17of such persons who are residents of this State. The plan of
18action shall outline actions to be taken by the State agency to
19increase representation of Descendants of American Slavery in
20State contracting, and include the percentage of contracts
21entered into between the State agency and businesses owned by
22Descendants of American Slavery.
23(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
24    (30 ILCS 575/7)  (from Ch. 127, par. 132.607)
25    (Section scheduled to be repealed on June 30, 2024)

 

 

HB5871- 38 -LRB101 23250 RJF 74399 b

1    Sec. 7. Exemptions; waivers; publication of data.
2    (1) Individual contract exemptions. The Council, at the
3written request of the affected agency, public institution of
4higher education, or recipient of a grant or loan of State
5funds of $250,000 or more complying with Section 45 of the
6State Finance Act, may permit an individual contract or
7contract package, (related contracts being bid or awarded
8simultaneously for the same project or improvements) be made
9wholly or partially exempt from State contracting goals for
10businesses owned by minorities, women, and persons with
11disabilities prior to the advertisement for bids or
12solicitation of proposals whenever there has been a
13determination, reduced to writing and based on the best
14information available at the time of the determination, that
15there is an insufficient number of businesses owned by
16minorities, women, and persons with disabilities to ensure
17adequate competition and an expectation of reasonable prices on
18bids or proposals solicited for the individual contract or
19contract package in question. Any such exemptions shall be
20given by the Council to the Bureau on Apprenticeship Programs.
21        (a) Written request for contract exemption. A written
22    request for an individual contract exemption must include,
23    but is not limited to, the following:
24            (i) a list of eligible businesses owned by
25        minorities, women, and persons with disabilities;
26            (ii) a clear demonstration that the number of

 

 

HB5871- 39 -LRB101 23250 RJF 74399 b

1        eligible businesses identified in subparagraph (i)
2        above is insufficient to ensure adequate competition;
3            (iii) the difference in cost between the contract
4        proposals being offered by businesses owned by
5        minorities, women, and persons with disabilities and
6        the agency or public institution of higher education's
7        expectations of reasonable prices on bids or proposals
8        within that class; and
9            (iv) a list of eligible businesses owned by
10        minorities, women, and persons with disabilities that
11        the contractor has used in the current and prior fiscal
12        years.
13        (b) Determination. The Council's determination
14    concerning an individual contract exemption must consider,
15    at a minimum, the following:
16            (i) the justification for the requested exemption,
17        including whether diligent efforts were undertaken to
18        identify and solicit eligible businesses owned by
19        minorities, women, and persons with disabilities;
20            (ii) the total number of exemptions granted to the
21        affected agency, public institution of higher
22        education, or recipient of a grant or loan of State
23        funds of $250,000 or more complying with Section 45 of
24        the State Finance Act that have been granted by the
25        Council in the current and prior fiscal years; and
26            (iii) the percentage of contracts awarded by the

 

 

HB5871- 40 -LRB101 23250 RJF 74399 b

1        agency or public institution of higher education to
2        eligible businesses owned by minorities, women, and
3        persons with disabilities in the current and prior
4        fiscal years.
5    (2) Class exemptions.
6        (a) Creation. The Council, at the written request of
7    the affected agency or public institution of higher
8    education, may permit an entire class of contracts be made
9    exempt from State contracting goals for businesses owned by
10    minorities, women, and persons with disabilities whenever
11    there has been a determination, reduced to writing and
12    based on the best information available at the time of the
13    determination, that there is an insufficient number of
14    qualified businesses owned by minorities, women, and
15    persons with disabilities to ensure adequate competition
16    and an expectation of reasonable prices on bids or
17    proposals within that class. Any such exemption shall be
18    given by the Council to the Bureau on Apprenticeship
19    Programs.
20        (a-1) Written request for class exemption. A written
21    request for a class exemption must include, but is not
22    limited to, the following:
23            (i) a list of eligible businesses owned by
24        minorities, women, and persons with disabilities;
25            (ii) a clear demonstration that the number of
26        eligible businesses identified in subparagraph (i)

 

 

HB5871- 41 -LRB101 23250 RJF 74399 b

1        above is insufficient to ensure adequate competition;
2            (iii) the difference in cost between the contract
3        proposals being offered by eligible businesses owned
4        by minorities, women, and persons with disabilities
5        and the agency or public institution of higher
6        education's expectations of reasonable prices on bids
7        or proposals within that class; and
8            (iv) the number of class exemptions the affected
9        agency or public institution of higher education
10        requested in the current and prior fiscal years.
11        (a-2) Determination. The Council's determination
12    concerning class exemptions must consider, at a minimum,
13    the following:
14            (i) the justification for the requested exemption,
15        including whether diligent efforts were undertaken to
16        identify and solicit eligible businesses owned by
17        minorities, women, and persons with disabilities;
18            (ii) the total number of class exemptions granted
19        to the requesting agency or public institution of
20        higher education that have been granted by the Council
21        in the current and prior fiscal years; and
22            (iii) the percentage of contracts awarded by the
23        agency or public institution of higher education to
24        eligible businesses owned by minorities, women, and
25        persons with disabilities the current and prior fiscal
26        years.

 

 

HB5871- 42 -LRB101 23250 RJF 74399 b

1        (b) Limitation. Any such class exemption shall not be
2    permitted for a period of more than one year at a time.
3    (3) Waivers. Where a particular contract requires a
4contractor to meet a goal established pursuant to this Act, the
5contractor shall have the right to request a waiver from such
6requirements. Except as otherwise provided in this Section, the
7The Council shall grant the waiver where the contractor
8demonstrates that there has been made a good faith effort to
9comply with the goals for participation by businesses owned by
10minorities, women, and persons with disabilities. Any such
11waiver shall also be transmitted in writing to the Bureau on
12Apprenticeship Programs.
13        (a) Request for waiver. A contractor's request for a
14    waiver under this subsection (3) must include, but is not
15    limited to, the following, if available:
16            (i) a list of eligible businesses owned by
17        minorities, women, and persons with disabilities that
18        pertain to the class of contracts in the requested
19        waiver;
20            (ii) a clear demonstration that the number of
21        eligible businesses identified in subparagraph (i)
22        above is insufficient to ensure competition;
23            (iii) the difference in cost between the contract
24        proposals being offered by businesses owned by
25        minorities, women, and persons with disabilities and
26        the agency or the public institution of higher

 

 

HB5871- 43 -LRB101 23250 RJF 74399 b

1        education's expectations of reasonable prices on bids
2        or proposals within that class; and
3            (iv) a list of businesses owned by minorities,
4        women, and persons with disabilities that the
5        contractor has used in the current and prior fiscal
6        years.
7        (b) Determination. The Council's determination
8    concerning waivers must include following:
9            (i) the justification for the requested waiver,
10        including whether the requesting contractor made a
11        good faith effort to identify and solicit eligible
12        businesses owned by minorities, women, and persons
13        with disabilities;
14            (ii) the total number of waivers the contractor has
15        been granted by the Council in the current and prior
16        fiscal years;
17            (iii) the percentage of contracts awarded by the
18        agency or public institution of higher education to
19        eligible businesses owned by minorities, women, and
20        persons with disabilities in the current and prior
21        fiscal years; and
22            (iv) the contractor's use of businesses owned by
23        minorities, women, and persons with disabilities in
24        the current and prior fiscal years.
25        (c) Contract value. Any waiver request submitted under
26    this Section for which the contract has a total dollar

 

 

HB5871- 44 -LRB101 23250 RJF 74399 b

1    amount valued between $100,000 and $999,000 must be
2    approved by the Council. Any contract request submitted
3    under this Section for which the contract has a total
4    dollar amount valued at $1,000,000 or more must be approved
5    by the General Assembly.
6    (3.5) (Blank).
7    (4) Conflict with other laws. In the event that any State
8contract, which otherwise would be subject to the provisions of
9this Act, is or becomes subject to federal laws or regulations
10which conflict with the provisions of this Act or actions of
11the State taken pursuant hereto, the provisions of the federal
12laws or regulations shall apply and the contract shall be
13interpreted and enforced accordingly.
14    (5) Each chief procurement officer, as defined in the
15Illinois Procurement Code, shall maintain on his or her
16official Internet website a database of the following: (i)
17waivers granted under this Section with respect to contracts
18under his or her jurisdiction; (ii) a State agency or public
19institution of higher education's written request for an
20exemption of an individual contract or an entire class of
21contracts; and (iii) the Council's written determination
22granting or denying a request for an exemption of an individual
23contract or an entire class of contracts. The database, which
24shall be updated periodically as necessary, shall be searchable
25by contractor name and by contracting State agency.
26    (6) Each chief procurement officer, as defined by the

 

 

HB5871- 45 -LRB101 23250 RJF 74399 b

1Illinois Procurement Code, shall maintain on its website a list
2of all firms that have been prohibited from bidding, offering,
3or entering into a contract with the State of Illinois as a
4result of violations of this Act.
5    Each public notice required by law of the award of a State
6contract shall include for each bid or offer submitted for that
7contract the following: (i) the bidder's or offeror's name,
8(ii) the bid amount, (iii) the name or names of the certified
9firms identified in the bidder's or offeror's submitted
10utilization plan, and (iv) the bid's amount and percentage of
11the contract awarded to businesses owned by minorities, women,
12and persons with disabilities identified in the utilization
13plan.
14(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
15101-601, eff. 1-1-20.)
 
16    (30 ILCS 575/8f)
17    (Section scheduled to be repealed on June 30, 2024)
18    Sec. 8f. Annual report. The Council shall file no later
19than March 1 of each year, an annual report that shall detail
20the level of achievement toward the goals specified in this Act
21over the 3 most recent fiscal years. The annual report shall
22include, but need not be limited to the following:
23        (1) a summary detailing expenditures subject to the
24    goals, the actual goals specified, and the goals attained
25    by each State agency and public institution of higher

 

 

HB5871- 46 -LRB101 23250 RJF 74399 b

1    education;
2        (2) a summary of the number of contracts awarded and
3    the average contract amount by each State agency and public
4    institution of higher education;
5        (3) an analysis of the level of overall goal
6    achievement concerning purchases from minority-owned
7    businesses, women-owned businesses, and businesses owned
8    by persons with disabilities;
9        (4) an analysis of the number of businesses owned by
10    minorities, women, and persons with disabilities that are
11    certified under the program as well as the number of those
12    businesses that received State procurement contracts; and
13        (5) a summary of the number of contracts awarded to
14    businesses with annual gross sales of less than $1,000,000;
15    of $1,000,000 or more, but less than $5,000,000; of
16    $5,000,000 or more, but less than $10,000,000; and of
17    $10,000,000 or more; and .
18        (6) a summary detailing the disparity between the
19    representation of Descendants of American Slavery in State
20    contracts compared to the percentage of such persons who
21    are residents of this State, and a summary of the efforts
22    to eliminate that disparity based upon the requirements of
23    this Act.
24(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
25
Article 25.

 

 

 

HB5871- 47 -LRB101 23250 RJF 74399 b

1    Section 25-5. The Illinois Procurement Code is amended by
2changing Sections 20-15, 20-60, and 35-30 and by adding Section
350-85 as follows:
 
4    (30 ILCS 500/20-15)
5    Sec. 20-15. Competitive sealed proposals.
6    (a) Conditions for use. When provided under this Code or
7under rules, or when the purchasing agency determines in
8writing that the use of competitive sealed bidding is either
9not practicable or not advantageous to the State, a contract
10may be entered into by competitive sealed proposals.
11    (b) Request for proposals. Proposals shall be solicited
12through a request for proposals.
13    (c) Public notice. Public notice of the request for
14proposals shall be published in the Illinois Procurement
15Bulletin at least 14 calendar days before the date set in the
16invitation for the opening of proposals.
17    (d) Receipt of proposals. Proposals shall be opened
18publicly or via an electronic procurement system in the
19presence of one or more witnesses at the time and place
20designated in the request for proposals, but proposals shall be
21opened in a manner to avoid disclosure of contents to competing
22offerors during the process of negotiation. A record of
23proposals shall be prepared and shall be open for public
24inspection after contract award.

 

 

HB5871- 48 -LRB101 23250 RJF 74399 b

1    (e) Evaluation factors. The requests for proposals shall
2state the relative importance of price and other evaluation
3factors. Proposals shall be submitted in 2 parts: the first,
4covering items except price; and the second, commitment to
5diversity; and the third, all other items. Each part of all
6proposals shall be evaluated and ranked independently of the
7other parts of all proposals. The results of the evaluation of
8all 3 parts shall be used in ranking of proposals covering
9price. The first part of all proposals shall be evaluated and
10ranked independently of the second part of all proposals.
11    (e-5) Method of scoring.
12        (1) The point scoring methodology for competitive
13    sealed proposals shall provide points for commitment to
14    diversity. Those points shall be equivalent to 20% of the
15    points assigned to the third part of the proposal, all
16    other items.
17        (2) Factors to be considered in the award of these
18    points shall be set by rule by the applicable chief
19    procurement officer and may include, but are not limited
20    to:
21            (A) whether or how well the respondent, on the
22        solicitation being evaluated, met the goal of
23        contracting or subcontracting with businesses owned by
24        women, minorities, or persons with disabilities;
25            (B) whether the respondent, on the solicitation
26        being evaluated, assisted businesses owned by women,

 

 

HB5871- 49 -LRB101 23250 RJF 74399 b

1        minorities, or persons with disabilities in obtaining
2        lines of credit, insurance, necessary equipment,
3        supplies, materials, or related assistance or
4        services;
5            (C) the percentage of prior year revenues of the
6        respondent that involve businesses owned by women,
7        minorities, or persons with disabilities;
8            (D) whether the respondent has a written supplier
9        diversity program, including, but not limited to, use
10        of diversity vendors in the supply chain and a training
11        or mentoring program with businesses owned by women,
12        minorities, or persons with disabilities; and
13            (E) the percentage of members of the respondent's
14        governing board, senior executives, and managers who
15        are women, minorities, or persons with disabilities.
16        (3) If any State agency or public institution of higher
17    education contract is eligible to be paid for or
18    reimbursed, in whole or in part, with federal-aid funds,
19    grants, or loans, and the provisions of this subsection
20    (e-5) would result in the loss of those federal-aid funds,
21    grants, or loans, then the contract is exempt from the
22    provisions of this Section in order to remain eligible for
23    those federal-aid funds, grants, or loans. For the purposes
24    of this subsection (e-5):
25        "Manager" means a person who controls or administers
26    all or part of a company or similar organization.

 

 

HB5871- 50 -LRB101 23250 RJF 74399 b

1        "Minorities" has the same meaning as "minority person"
2    under Section 2 of the Business Enterprise for Minorities,
3    Women, and Persons with Disabilities Act.
4        "Persons with disabilities" has the same meaning as
5    "person with a disability" under Section 2 of the Business
6    Enterprise for Minorities, Women, and Persons with
7    Disabilities Act.
8        "Senior executive" means the chief executive officer,
9    chief operating officer, chief financial officer, or
10    anyone else in charge of a principal business unit or
11    function.
12        "Women" has the same meaning as "woman" under Section 2
13    of the Business Enterprise for Minorities, Women, and
14    Persons with Disabilities Act.
15    (f) Discussion with responsible offerors and revisions of
16offers or proposals. As provided in the request for proposals
17and under rules, discussions may be conducted with responsible
18offerors who submit offers or proposals determined to be
19reasonably susceptible of being selected for award for the
20purpose of clarifying and assuring full understanding of and
21responsiveness to the solicitation requirements. Those
22offerors shall be accorded fair and equal treatment with
23respect to any opportunity for discussion and revision of
24proposals. Revisions may be permitted after submission and
25before award for the purpose of obtaining best and final
26offers. In conducting discussions there shall be no disclosure

 

 

HB5871- 51 -LRB101 23250 RJF 74399 b

1of any information derived from proposals submitted by
2competing offerors. If information is disclosed to any offeror,
3it shall be provided to all competing offerors.
4    (g) Award. Awards shall be made to the responsible offeror
5whose proposal is determined in writing to be the most
6advantageous to the State, taking into consideration price and
7the evaluation factors set forth in the request for proposals.
8The contract file shall contain the basis on which the award is
9made.
10(Source: P.A. 100-43, eff. 8-9-17.)
 
11    (30 ILCS 500/20-60)
12    Sec. 20-60. Duration of contracts.
13    (a) Maximum duration. A contract may be entered into for
14any period of time deemed to be in the best interests of the
15State but not exceeding 10 years inclusive, beginning January
161, 2010, of proposed contract renewals. Third parties may lease
17State-owned dark fiber networks for any period of time deemed
18to be in the best interest of the State, but not exceeding 20
19years. The length of a lease for real property or capital
20improvements shall be in accordance with the provisions of
21Section 40-25. The length of energy conservation program
22contracts or energy savings contracts or leases shall be in
23accordance with the provisions of Section 25-45. A contract for
24bond or mortgage insurance awarded by the Illinois Housing
25Development Authority, however, may be entered into for any

 

 

HB5871- 52 -LRB101 23250 RJF 74399 b

1period of time less than or equal to the maximum period of time
2that the subject bond or mortgage may remain outstanding.
3    (b) Subject to appropriation. All contracts made or entered
4into shall recite that they are subject to termination and
5cancellation in any year for which the General Assembly fails
6to make an appropriation to make payments under the terms of
7the contract.
8    (c) The chief procurement officer shall file a proposed
9extension or renewal of a contract with the Procurement Policy
10Board prior to entering into any extension or renewal if the
11cost associated with the extension or renewal exceeds $249,999.
12The Procurement Policy Board may object to the proposed
13extension or renewal within 30 calendar days and require a
14hearing before the Board prior to entering into the extension
15or renewal. If the Procurement Policy Board does not object
16within 30 calendar days or takes affirmative action to
17recommend the extension or renewal, the chief procurement
18officer may enter into the extension or renewal of a contract.
19This subsection does not apply to any emergency procurement,
20any procurement under Article 40, or any procurement exempted
21by Section 1-10(b) of this Code. If any State agency contract
22is paid for in whole or in part with federal-aid funds, grants,
23or loans and the provisions of this subsection would result in
24the loss of those federal-aid funds, grants, or loans, then the
25contract is exempt from the provisions of this subsection in
26order to remain eligible for those federal-aid funds, grants,

 

 

HB5871- 53 -LRB101 23250 RJF 74399 b

1or loans, and the State agency shall file notice of this
2exemption with the Procurement Policy Board prior to entering
3into the proposed extension or renewal. Nothing in this
4subsection permits a chief procurement officer to enter into an
5extension or renewal in violation of subsection (a). By August
61 each year, the Procurement Policy Board shall file a report
7with the General Assembly identifying for the previous fiscal
8year (i) the proposed extensions or renewals that were filed
9with the Board and whether the Board objected and (ii) the
10contracts exempt from this subsection.
11    (d) Notwithstanding the provisions of subsection (a) of
12this Section, the Department of Innovation and Technology may
13enter into leases for dark fiber networks for any period of
14time deemed to be in the best interests of the State but not
15exceeding 20 years inclusive. The Department of Innovation and
16Technology may lease dark fiber networks from third parties
17only for the primary purpose of providing services (i) to the
18offices of Governor, Lieutenant Governor, Attorney General,
19Secretary of State, Comptroller, or Treasurer and State
20agencies, as defined under Section 5-15 of the Civil
21Administrative Code of Illinois or (ii) for anchor
22institutions, as defined in Section 7 of the Illinois Century
23Network Act. Dark fiber network lease contracts shall be
24subject to all other provisions of this Code and any applicable
25rules or requirements, including, but not limited to,
26publication of lease solicitations, use of standard State

 

 

HB5871- 54 -LRB101 23250 RJF 74399 b

1contracting terms and conditions, and approval of vendor
2certifications and financial disclosures.
3    (e) As used in this Section, "dark fiber network" means a
4network of fiber optic cables laid but currently unused by a
5third party that the third party is leasing for use as network
6infrastructure.
7    (f) No vendor shall be eligible for renewal of a contract
8when that vendor has failed to meet the goals agreed to in the
9vendor's utilization plan unless the State agency has
10determined that the vendor made good faith efforts toward
11meeting the contract goals and has issued a waiver or that
12vendor is not otherwise excused from compliance by the chief
13procurement officer in consultation with the purchasing State
14Agency. The form and content of the waiver shall be prescribed
15by each chief procurement officer who shall maintain on his or
16her official website a database of waivers granted under this
17Section with respect to contracts under his or her
18jurisdiction. The database shall be updated periodically and
19shall be searchable by contractor name and by contracting State
20agency or public institution of higher education.
21(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
22101-81, eff. 7-12-19.)
 
23    (30 ILCS 500/35-30)
24    Sec. 35-30. Awards.
25    (a) All State contracts for professional and artistic

 

 

HB5871- 55 -LRB101 23250 RJF 74399 b

1services, except as provided in this Section, shall be awarded
2using the competitive request for proposal process outlined in
3this Section.The scoring for requests for proposals shall
4include the commitment to diversity factors and methodology
5described in subsection (e-5) of Section 20-15.
6    (b) For each contract offered, the chief procurement
7officer, State purchasing officer, or his or her designee shall
8use the appropriate standard solicitation forms available from
9the chief procurement officer for matters other than
10construction or the higher education chief procurement
11officer.
12    (c) Prepared forms shall be submitted to the chief
13procurement officer for matters other than construction or the
14higher education chief procurement officer, whichever is
15appropriate, for publication in its Illinois Procurement
16Bulletin and circulation to the chief procurement officer for
17matters other than construction or the higher education chief
18procurement officer's list of prequalified vendors. Notice of
19the offer or request for proposal shall appear at least 14
20calendar days before the response to the offer is due.
21    (d) All interested respondents shall return their
22responses to the chief procurement officer for matters other
23than construction or the higher education chief procurement
24officer, whichever is appropriate, which shall open and record
25them. The chief procurement officer for matters other than
26construction or higher education chief procurement officer

 

 

HB5871- 56 -LRB101 23250 RJF 74399 b

1then shall forward the responses, together with any information
2it has available about the qualifications and other State work
3of the respondents.
4    (e) After evaluation, ranking, and selection, the
5responsible chief procurement officer, State purchasing
6officer, or his or her designee shall notify the chief
7procurement officer for matters other than construction or the
8higher education chief procurement officer, whichever is
9appropriate, of the successful respondent and shall forward a
10copy of the signed contract for the chief procurement officer
11for matters other than construction or higher education chief
12procurement officer's file. The chief procurement officer for
13matters other than construction or higher education chief
14procurement officer shall publish the names of the responsible
15procurement decision-maker, the agency letting the contract,
16the successful respondent, a contract reference, and value of
17the let contract in the next appropriate volume of the Illinois
18Procurement Bulletin.
19    (f) For all professional and artistic contracts with
20annualized value that exceeds $100,000, evaluation and ranking
21by price are required. Any chief procurement officer or State
22purchasing officer, but not their designees, may select a
23respondent other than the lowest respondent by price. In any
24case, when the contract exceeds the $100,000 threshold and the
25lowest respondent is not selected, the chief procurement
26officer or the State purchasing officer shall forward together

 

 

HB5871- 57 -LRB101 23250 RJF 74399 b

1with the contract notice of who the low respondent by price was
2and a written decision as to why another was selected to the
3chief procurement officer for matters other than construction
4or the higher education chief procurement officer, whichever is
5appropriate. The chief procurement officer for matters other
6than construction or higher education chief procurement
7officer shall publish as provided in subsection (e) of Section
835-30, but shall include notice of the chief procurement
9officer's or State purchasing officer's written decision.
10    (g) The chief procurement officer for matters other than
11construction and higher education chief procurement officer
12may each refine, but not contradict, this Section by
13promulgating rules for submission to the Procurement Policy
14Board and then to the Joint Committee on Administrative Rules.
15Any refinement shall be based on the principles and procedures
16of the federal Architect-Engineer Selection Law, Public Law
1792-582 Brooks Act, and the Architectural, Engineering, and Land
18Surveying Qualifications Based Selection Act; except that
19pricing shall be an integral part of the selection process.
20(Source: P.A. 100-43, eff. 8-9-17.)
 
21    (30 ILCS 500/50-85 new)
22    Sec. 50-85. Diversity training.(a) Each chief procurement
23officer, State purchasing officer, procurement compliance
24monitor, applicable support staff of each chief procurement
25officer, State agency purchasing and contracting staff, those

 

 

HB5871- 58 -LRB101 23250 RJF 74399 b

1identified under subsection (c) of Section 5-45 of the State
2Officials and Employees Ethics Act who have the authority to
3participate personally and substantially in the award of State
4contracts, and any other State agency staff with substantial
5procurement and contracting responsibilities as determined by
6the chief procurement officer, in consultation with the State
7agency, shall complete annual training for diversity and
8inclusion. Each chief procurement officer shall prescribe the
9program of diversity and inclusion training appropriate for
10each chief procurement officer's jurisdiction.
 
11    Section 25-10. The Business Enterprise for Minorities,
12Women, and Persons with Disabilities Act is amended by changing
13Sections 4f and 6 as follows:
 
14    (30 ILCS 575/4f)
15    (Section scheduled to be repealed on June 30, 2024)
16    Sec. 4f. Award of State contracts.
17    (1) It is hereby declared to be the public policy of the
18State of Illinois to promote and encourage each State agency
19and public institution of higher education to use businesses
20owned by minorities, women, and persons with disabilities in
21the area of goods and services, including, but not limited to,
22insurance services, investment management services,
23information technology services, accounting services,
24architectural and engineering services, and legal services.

 

 

HB5871- 59 -LRB101 23250 RJF 74399 b

1Furthermore, each State agency and public institution of higher
2education shall utilize such firms to the greatest extent
3feasible within the bounds of financial and fiduciary prudence,
4and take affirmative steps to remove any barriers to the full
5participation of such firms in the procurement and contracting
6opportunities afforded.
7        (a) When a State agency or public institution of higher
8    education, other than a community college, awards a
9    contract for insurance services, for each State agency or
10    public institution of higher education, it shall be the
11    aspirational goal to use insurance brokers owned by
12    minorities, women, and persons with disabilities as
13    defined by this Act, for not less than 20% of the total
14    annual premiums or fees; provided that, contracts
15    representing at least 11% of the total annual premiums or
16    fees shall be awarded to businesses owned by minorities;
17    contracts representing at least 7% of the total annual
18    premiums or fees shall be awarded to women-owned
19    businesses; and contracts representing at least 2% of the
20    total annual premiums or fees shall be awarded to
21    businesses owned by persons with disabilities.
22        (b) When a State agency or public institution of higher
23    education, other than a community college, awards a
24    contract for investment services, for each State agency or
25    public institution of higher education, it shall be the
26    aspirational goal to use emerging investment managers

 

 

HB5871- 60 -LRB101 23250 RJF 74399 b

1    owned by minorities, women, and persons with disabilities
2    as defined by this Act, for not less than 20% of the total
3    funds under management; provided that, contracts
4    representing at least 11% of the total funds under
5    management shall be awarded to businesses owned by
6    minorities; contracts representing at least 7% of the total
7    funds under management shall be awarded to women-owned
8    businesses; and contracts representing at least 2% of the
9    total funds under management shall be awarded to businesses
10    owned by persons with disabilities. Furthermore, it is the
11    aspirational goal that not less than 20% of the direct
12    asset managers of the State funds be minorities, women, and
13    persons with disabilities.
14        (c) When a State agency or public institution of higher
15    education, other than a community college, awards
16    contracts for information technology services, accounting
17    services, architectural and engineering services, and
18    legal services, for each State agency and public
19    institution of higher education, it shall be the
20    aspirational goal to use such firms owned by minorities,
21    women, and persons with disabilities as defined by this Act
22    and lawyers who are minorities, women, and persons with
23    disabilities as defined by this Act, for not less than 20%
24    of the total dollar amount of State contracts; provided
25    that, contracts representing at least 11% of the total
26    dollar amount of State contracts shall be awarded to

 

 

HB5871- 61 -LRB101 23250 RJF 74399 b

1    businesses owned by minorities or minority lawyers;
2    contracts representing at least 7% of the total dollar
3    amount of State contracts shall be awarded to women-owned
4    businesses or women who are lawyers; and contracts
5    representing at least 2% of the total dollar amount of
6    State contracts shall be awarded to businesses owned by
7    persons with disabilities or persons with disabilities who
8    are lawyers.
9        (d) When a community college awards a contract for
10    insurance services, investment services, information
11    technology services, accounting services, architectural
12    and engineering services, and legal services, it shall be
13    the aspirational goal of each community college to use
14    businesses owned by minorities, women, and persons with
15    disabilities as defined in this Act for not less than 20%
16    of the total amount spent on contracts for these services
17    collectively; provided that, contracts representing at
18    least 11% of the total amount spent on contracts for these
19    services shall be awarded to businesses owned by
20    minorities; contracts representing at least 7% of the total
21    amount spent on contracts for these services shall be
22    awarded to women-owned businesses; and contracts
23    representing at least 2% of the total amount spent on
24    contracts for these services shall be awarded to businesses
25    owned by persons with disabilities. When a community
26    college awards contracts for investment services,

 

 

HB5871- 62 -LRB101 23250 RJF 74399 b

1    contracts awarded to investment managers who are not
2    emerging investment managers as defined in this Act shall
3    not be considered businesses owned by minorities, women, or
4    persons with disabilities for the purposes of this Section.
5        (e) When a State agency or public institution of higher
6    education issues competitive solicitations and the award
7    history for a service or supply category shows awards to a
8    class of business owners that are underrepresented, the
9    Council shall determine the reason for the disparity and
10    shall identify potential and appropriate methods to
11    minimize or eliminate the cause for the disparity.
12        If any State agency or public institution of higher
13    education contract is eligible to be paid for or
14    reimbursed, in whole or in part, with federal-aid funds,
15    grants, or loans, and the provisions of this paragraph (e)
16    would result in the loss of those federal-aid funds,
17    grants, or loans, then the contract is exempt from the
18    provisions of this paragraph (e) in order to remain
19    eligible for those federal-aid funds, grants, or loans.
20    (2) As used in this Section:
21        "Accounting services" means the measurement,
22    processing and communication of financial information
23    about economic entities including, but is not limited to,
24    financial accounting, management accounting, auditing,
25    cost containment and auditing services, taxation and
26    accounting information systems.

 

 

HB5871- 63 -LRB101 23250 RJF 74399 b

1        "Architectural and engineering services" means
2    professional services of an architectural or engineering
3    nature, or incidental services, that members of the
4    architectural and engineering professions, and individuals
5    in their employ, may logically or justifiably perform,
6    including studies, investigations, surveying and mapping,
7    tests, evaluations, consultations, comprehensive planning,
8    program management, conceptual designs, plans and
9    specifications, value engineering, construction phase
10    services, soils engineering, drawing reviews, preparation
11    of operating and maintenance manuals, and other related
12    services.
13        "Emerging investment manager" means an investment
14    manager or claims consultant having assets under
15    management below $10 billion or otherwise adjudicating
16    claims.
17        "Information technology services" means, but is not
18    limited to, specialized technology-oriented solutions by
19    combining the processes and functions of software,
20    hardware, networks, telecommunications, web designers,
21    cloud developing resellers, and electronics.
22        "Insurance broker" means an insurance brokerage firm,
23    claims administrator, or both, that procures, places all
24    lines of insurance, or administers claims with annual
25    premiums or fees of at least $5,000,000 but not more than
26    $10,000,000.

 

 

HB5871- 64 -LRB101 23250 RJF 74399 b

1        "Legal services" means work performed by a lawyer
2    including, but not limited to, contracts in anticipation of
3    litigation, enforcement actions, or investigations.
4    (3) Each State agency and public institution of higher
5education shall adopt policies that identify its plan and
6implementation procedures for increasing the use of service
7firms owned by minorities, women, and persons with
8disabilities.
9    (4) Except as provided in subsection (5), the Council shall
10file no later than March 1 of each year an annual report to the
11Governor, the Bureau on Apprenticeship Programs, and the
12General Assembly. The report filed with the General Assembly
13shall be filed as required in Section 3.1 of the General
14Assembly Organization Act. This report shall: (i) identify the
15service firms used by each State agency and public institution
16of higher education, (ii) identify the actions it has
17undertaken to increase the use of service firms owned by
18minorities, women, and persons with disabilities, including
19encouraging non-minority-owned firms to use other service
20firms owned by minorities, women, and persons with disabilities
21as subcontractors when the opportunities arise, (iii) state any
22recommendations made by the Council to each State agency and
23public institution of higher education to increase
24participation by the use of service firms owned by minorities,
25women, and persons with disabilities, and (iv) include the
26following:

 

 

HB5871- 65 -LRB101 23250 RJF 74399 b

1        (A) For insurance services: the names of the insurance
2    brokers or claims consultants used, the total of risk
3    managed by each State agency and public institution of
4    higher education by insurance brokers, the total
5    commissions, fees paid, or both, the lines or insurance
6    policies placed, and the amount of premiums placed; and the
7    percentage of the risk managed by insurance brokers, the
8    percentage of total commission, fees paid, or both, the
9    lines or insurance policies placed, and the amount of
10    premiums placed with each by the insurance brokers owned by
11    minorities, women, and persons with disabilities by each
12    State agency and public institution of higher education.
13        (B) For investment management services: the names of
14    the investment managers used, the total funds under
15    management of investment managers; the total commissions,
16    fees paid, or both; the total and percentage of funds under
17    management of emerging investment managers owned by
18    minorities, women, and persons with disabilities,
19    including the total and percentage of total commissions,
20    fees paid, or both by each State agency and public
21    institution of higher education.
22        (C) The names of service firms, the percentage and
23    total dollar amount paid for professional services by
24    category by each State agency and public institution of
25    higher education.
26        (D) The names of service firms, the percentage and

 

 

HB5871- 66 -LRB101 23250 RJF 74399 b

1    total dollar amount paid for services by category to firms
2    owned by minorities, women, and persons with disabilities
3    by each State agency and public institution of higher
4    education.
5        (E) The total number of contracts awarded for services
6    by category and the total number of contracts awarded to
7    firms owned by minorities, women, and persons with
8    disabilities by each State agency and public institution of
9    higher education.
10    (5) For community college districts, the Business
11Enterprise Council shall only report the following information
12for each community college district: (i) the name of the
13community colleges in the district, (ii) the name and contact
14information of a person at each community college appointed to
15be the single point of contact for vendors owned by minorities,
16women, or persons with disabilities, (iii) the policy of the
17community college district concerning certified vendors, (iv)
18the certifications recognized by the community college
19district for determining whether a business is owned or
20controlled by a minority, woman, or person with a disability,
21(v) outreach efforts conducted by the community college
22district to increase the use of certified vendors, (vi) the
23total expenditures by the community college district in the
24prior fiscal year in the divisions of work specified in
25paragraphs (a), (b), and (c) of subsection (1) of this Section
26and the amount paid to certified vendors in those divisions of

 

 

HB5871- 67 -LRB101 23250 RJF 74399 b

1work, and (vii) the total number of contracts entered into for
2the divisions of work specified in paragraphs (a), (b), and (c)
3of subsection (1) of this Section and the total number of
4contracts awarded to certified vendors providing these
5services to the community college district. The Business
6Enterprise Council shall not make any utilization reports under
7this Act for community college districts for Fiscal Year 2015
8and Fiscal Year 2016, but shall make the report required by
9this subsection for Fiscal Year 2017 and for each fiscal year
10thereafter. The Business Enterprise Council shall report the
11information in items (i), (ii), (iii), and (iv) of this
12subsection beginning in September of 2016. The Business
13Enterprise Council may collect the data needed to make its
14report from the Illinois Community College Board.
15    (6) The status of the utilization of services shall be
16discussed at each of the regularly scheduled Business
17Enterprise Council meetings. Time shall be allotted for the
18Council to receive, review, and discuss the progress of the use
19of service firms owned by minorities, women, and persons with
20disabilities by each State agency and public institution of
21higher education; and any evidence regarding past or present
22racial, ethnic, or gender-based discrimination which directly
23impacts a State agency or public institution of higher
24education contracting with such firms. If after reviewing such
25evidence the Council finds that there is or has been such
26discrimination against a specific group, race or sex, the

 

 

HB5871- 68 -LRB101 23250 RJF 74399 b

1Council shall establish sheltered markets or adjust existing
2sheltered markets tailored to address the Council's specific
3findings for the divisions of work specified in paragraphs (a),
4(b), and (c) of subsection (1) of this Section.
5(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20.)
 
6    (30 ILCS 575/6)  (from Ch. 127, par. 132.606)
7    (Section scheduled to be repealed on June 30, 2024)
8    Sec. 6. Agency compliance plans. Each State agency and
9public institutions of higher education under the jurisdiction
10of this Act shall file with the Council an annual compliance
11plan which shall outline the goals of the State agency or
12public institutions of higher education for contracting with
13businesses owned by minorities, women, and persons with
14disabilities for the then current fiscal year, the manner in
15which the agency intends to reach these goals and a timetable
16for reaching these goals. The Council shall review and approve
17the plan of each State agency and public institutions of higher
18education and may reject any plan that does not comply with
19this Act or any rules or regulations promulgated pursuant to
20this Act.
21    (a) The compliance plan shall also include, but not be
22limited to, (1) a policy statement, signed by the State agency
23or public institution of higher education head, expressing a
24commitment to encourage the use of businesses owned by
25minorities, women, and persons with disabilities, (2) the

 

 

HB5871- 69 -LRB101 23250 RJF 74399 b

1designation of the liaison officer provided for in Section 5 of
2this Act, (3) procedures to distribute to potential contractors
3and vendors the list of all businesses legitimately classified
4as businesses owned by minorities, women, and persons with
5disabilities and so certified under this Act, (4) procedures to
6set separate contract goals on specific prime contracts and
7purchase orders with subcontracting possibilities based upon
8the type of work or services and subcontractor availability,
9(5) procedures to assure that contractors and vendors make good
10faith efforts to meet contract goals, (6) procedures for
11contract goal exemption, modification and waiver, and (7) the
12delineation of separate contract goals for businesses owned by
13minorities, women, and persons with disabilities.
14    (b) Approval of the compliance plans shall include such
15delegation of responsibilities to the requesting State agency
16or public institution of higher education as the Council deems
17necessary and appropriate to fulfill the purpose of this Act.
18Such responsibilities may include, but need not be limited to
19those outlined in subsections (1), (2) and (3) of Section 7,
20paragraph (a) of Section 8, and Section 8a of this Act.
21    (c) Each State agency and public institution of higher
22education under the jurisdiction of this Act shall file with
23the Council an annual report of its utilization of businesses
24owned by minorities, women, and persons with disabilities
25during the preceding fiscal year including lapse period
26spending and a mid-fiscal year report of its utilization to

 

 

HB5871- 70 -LRB101 23250 RJF 74399 b

1date for the then current fiscal year. The reports shall
2include a self-evaluation of the efforts of the State agency or
3public institution of higher education to meet its goals under
4the Act, as well as a plan to increase the diversity of the
5vendors engaged in contracts with the State agency or public
6institution of higher education, with a particular focus on the
7most underrepresented in contract awards.
8    (d) Notwithstanding any provisions to the contrary in this
9Act, any State agency or public institution of higher education
10which administers a construction program, for which federal law
11or regulations establish standards and procedures for the
12utilization of minority-owned and women-owned businesses and
13disadvantaged businesses, shall implement a disadvantaged
14business enterprise program to include minority-owned and
15women-owned businesses and disadvantaged businesses, using the
16federal standards and procedures for the establishment of goals
17and utilization procedures for the State-funded, as well as the
18federally assisted, portions of the program. In such cases,
19these goals shall not exceed those established pursuant to the
20relevant federal statutes or regulations. Notwithstanding the
21provisions of Section 8b, the Illinois Department of
22Transportation is authorized to establish sheltered markets
23for the State-funded portions of the program consistent with
24federal law and regulations. Additionally, a compliance plan
25which is filed by such State agency or public institution of
26higher education pursuant to this Act, which incorporates

 

 

HB5871- 71 -LRB101 23250 RJF 74399 b

1equivalent terms and conditions of its federally-approved
2compliance plan, shall be deemed approved under this Act.
3(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
4
Article 30.

 
5    Section 30-5. The Farmer Equity Act is amended by adding
6Section 25 as follows:
 
7    (505 ILCS 72/25 new)
8    Sec. 25. Disparity study; report.
9    (a) The Department shall conduct a study and use the data
10collected to determine economic and other disparities
11associated with farm ownership and farm operations in this
12State. The study shall focus primarily on identifying and
13comparing economic, land ownership, education, and other
14related differences between African American farmers and white
15farmers, but may include data collected in regards to farmers
16from other socially disadvantaged groups. The study shall
17collect, compare, and analyze data relating to disparities or
18differences in farm operations for the following areas:
19        (1) Farm ownership and the size or acreage of the
20    farmland owned compared to the number of farmers who are
21    farm tenants.
22        (2) The distribution of farm-related generated income
23    and wealth.

 

 

HB5871- 72 -LRB101 23250 RJF 74399 b

1        (3) The accessibility and availability to grants,
2    loans, commodity subsidies, and other financial
3    assistance.
4        (4) Access to technical assistance programs and
5    mechanization.
6        (5) Participation in continuing education, outreach,
7    or other agriculturally related services or programs.
8        (6) Interest in farming by young or beginning farmers.
9    (b) The Department shall submit a report of study to the
10Governor and General Assembly on or before January 1, 2022. The
11report shall be made available on the Department's Internet
12website.
 
13
Article 35.

 
14    Section 35-5. The Cannabis Regulation and Tax Act is
15amended by adding Section 10-45 as follows:
 
16    (410 ILCS 705/10-45 new)
17    Sec. 10-45. Cannabis Equity Commission.
18    (a) The Cannabis Equity Commission is created and shall
19reflect the diversity of the State of Illinois, including
20geographic, racial, and ethnic diversity. The Cannabis Equity
21Commission shall be responsible for the following:
22        (1) Ensuring that equity goals in the Illinois cannabis
23    industry, as stated in Section 10-40, are met.

 

 

HB5871- 73 -LRB101 23250 RJF 74399 b

1        (2) Overseeing implementation, from a social equity
2    point of view, of the original intentions of the General
3    Assembly in passing this Act.
4        (3) Tracking and analyzing minorities in the
5    marketplace.
6        (4) Ensuring that revenue is being invested properly
7    into R3 areas under Section 10-40.
8        (5) Recommending changes to make the law more equitable
9    to communities harmed the most by the war on drugs.
10        (6) Maintaining oversight of social equity programs
11    and application processes under this Act, including a
12    review of persons who approve applications.
13        (7) Create standards to protect true social equity
14    applicants from predatory businesses.
15    (b) The Cannabis Equity Commission's ex officio members
16shall, within 4 months after the effective date of this
17amendatory Act of the 101st General Assembly, convene the
18Commission to appoint a full Cannabis Equity Commission and
19oversee, provide guidance to, and develop an administrative
20structure for the Cannabis Equity Commission. The ex officio
21members are:
22        (1) The Lieutenant Governor, or his or her designee,
23    who shall serve as chair.
24        (2) The Attorney General, or his or her designee.
25        (3) The Director of Commerce and Economic Opportunity,
26    or his or her designee.

 

 

HB5871- 74 -LRB101 23250 RJF 74399 b

1        (4) The Director of Public Health, or his or her
2    designee.
3        (5) The Director of Corrections, or his or her
4    designee.
5        (6) The Director of Juvenile Justice, or his or her
6    designee.
7        (7) The Director of Children and Family Services, or
8    his or her designee.
9        (8) The Executive Director of the Illinois Criminal
10    Justice Information Authority, or his or her designee.
11        (9) The Director of Employment Security, or his or her
12    designee.
13        (10) The Secretary of Human Services, or his or her
14    designee.
15        (11) A member of the Senate, designated by the
16    President of the Senate.
17        (12) A member of the House of Representatives,
18    designated by the Speaker of the House of Representatives.
19        (13) A member of the Senate, designated by the Minority
20    Leader of the Senate.
21        (14) A member of the House of Representatives,
22    designated by the Minority Leader of the House of
23    Representatives.
24    (c) Within 90 days after the ex officio members convene,
25the following members shall be appointed to the Commission by
26the chair:

 

 

HB5871- 75 -LRB101 23250 RJF 74399 b

1        (1) Eight public officials of municipal geographic
2    jurisdictions in the State, or their designees.
3        (2) Four community-based providers or community
4    development organization representatives who provide
5    services to treat violence and address the social
6    determinants of health, or promote community investment,
7    including, but not limited to, services such as job
8    placement and training, educational services, workforce
9    development programming, and wealth building. No more than
10    2 community-based organization representatives shall work
11    primarily in Cook County. At least one of the
12    community-based providers shall have expertise in
13    providing services to an immigrant population.
14        (3) Two experts in the field of violence reduction.
15        (4) One male who has previously been incarcerated and
16    is over the age of 24 at the time of appointment.
17        (5) One female who has previously been incarcerated and
18    is over the age of 24 at the time of appointment.
19        (6) Two individuals who have previously been
20    incarcerated and are between the ages of 17 and 24 at the
21    time of appointment.
22    As used in this subsection (c), "an individual who has been
23previously incarcerated" has the same meaning as defined in
24paragraph (2) of subsection (e) of Section 10-40.
 
25
Article 40.

 

 

 

HB5871- 76 -LRB101 23250 RJF 74399 b

1    Section 40-5. The Department of Commerce and Economic
2Opportunity Law of the Civil Administrative Code of Illinois is
3amended by adding Section 605-1055 as follows:
 
4    (20 ILCS 605/605-1055 new)
5    Sec. 605-1055. Illinois SBIR/STTR Matching Funds Program.
6    (a) There is established the Illinois Small Business
7Innovation Research (SBIR) and Small Business Technology
8Transfer (STTR) Matching Funds Program to be administered by
9the Department. In order to foster job creation and economic
10development in the State, the Department may make grants to
11eligible businesses to match funds received by the business as
12an SBIR or STTR Phase I award and to encourage businesses to
13apply for Phase II awards.
14    (b) In order to be eligible for a grant under this Section,
15a business must satisfy all of the following conditions:
16        (1) The business must be a for-profit, Illinois-based
17    business. For the purposes of this Section, an
18    Illinois-based business is one that has its principal place
19    of business in this State;
20        (2) The business must have received an SBIR/STTR Phase
21    I award from a participating federal agency in response to
22    a specific federal solicitation. To receive the full match,
23    the business must also have submitted a final Phase I
24    report, demonstrated that the sponsoring agency has

 

 

HB5871- 77 -LRB101 23250 RJF 74399 b

1    interest in the Phase II proposal, and submitted a Phase II
2    proposal to the agency.
3        (3) The business must satisfy all federal SBIR/STTR
4    requirements.
5        (4) The business shall not receive concurrent funding
6    support from other sources that duplicates the purpose of
7    this Section.
8        (5) The business must certify that at least 51% of the
9    research described in the federal SBIR/STTR Phase II
10    proposal will be conducted in this State and that the
11    business will remain an Illinois-based business for the
12    duration of the SBIR/STTR Phase II project.
13        (6) The business must demonstrate its ability to
14    conduct research in its SBIR/STTR Phase II proposal.
15    (c) The Department may award grants to match the funds
16received by a business through an SBIR/STTR Phase I proposal up
17to a maximum of $50,000. Seventy-five percent of the total
18grant shall be remitted to the business upon receipt of the
19SBIR/STTR Phase I award and application for funds under this
20Section. Twenty-five percent of the total grant shall be
21remitted to the business upon submission by the business of the
22Phase II application to the funding agency and acceptance of
23the Phase I report by the funding agency. A business may
24receive only one grant under this Section per year. A business
25may receive only one grant under this Section with respect to
26each federal proposal submission. Over its lifetime, a business

 

 

HB5871- 78 -LRB101 23250 RJF 74399 b

1may receive a maximum of 5 awards under this Section.
2    (d) A business shall apply, under oath, to the Department
3for a grant under this Section on a form prescribed by the
4Department that includes at least all of the following:
5        (1) the name of the business, the form of business
6    organization under which it is operated, and the names and
7    addresses of the principals or management of the business;
8        (2) an acknowledgment of receipt of the Phase I report
9    and Phase II proposal by the relevant federal agency; and
10        (3) any other information necessary for the Department
11    to evaluate the application.
 
12
Article 45.

 
13    Section 45-5. The Department of Central Management
14Services Law of the Civil Administrative Code of Illinois is
15amended by adding Section 405-535 as follows:
 
16    (20 ILCS 405/405-535 new)
17    Sec. 405-535. African Descent-Citizens Reparations
18Commission.
19    (a) The African Descent-Citizens Reparations Commission is
20hereby established within the Department of Central Management
21Services.
22    (b) The Commission shall include the following members:
23        (1) the Governor or his or her designee;

 

 

HB5871- 79 -LRB101 23250 RJF 74399 b

1        (2) one member of the House of Representatives
2    appointed by the Speaker of the House of Representatives;
3        (3) one member of the Senate appointed by the President
4    of the Senate;
5        (4) one member of the House of Representatives
6    appointed by the Minority leader of the House of
7    Representatives;
8        (5) one member of the Senate appointed by the Minority
9    leader of the Senate;
10        (6) three representatives of a national coalition that
11    supports reparations for African Americans appointed by
12    the Governor; and
13        (7) ten members of the public appointed by the
14    Governor, at least 8 of whom are African American
15    descendants of slavery.
16    (c) Appointment of members to the Commission shall be made
17within 60 days after the effective date of this amendatory Act
18of the 101st General Assembly, with the first meeting of the
19Commission to be held at a reasonable period of time
20thereafter. The Chairperson of the Commission shall be elected
21from among the members during the first meeting. Members of the
22Commission shall serve without compensation, but may be
23reimbursed for travel expenses. The 10 members of the public
24appointed by the Governor shall be from diverse backgrounds,
25including businesspersons and persons without high school
26diplomas.

 

 

HB5871- 80 -LRB101 23250 RJF 74399 b

1    (d) Administrative support and staffing for the Commission
2shall be provided by the Department of Central Management
3Services. Any State agency under the jurisdiction of the
4Governor shall provide testimony and documents as directed by
5the Department.
6    (e) The Commission shall perform the following duties:
7        (1) work to ensure equity, equality, and parity for
8    African American descendants of slavery mired in poverty;
9        (2) develop and implement measures to ensure equity,
10    equality, and parity for African American descendants of
11    slavery;
12        (3) hold hearings to discuss the implementation of
13    measures to ensure equity, equality, and parity for African
14    American descendants of slavery;
15        (4) educate the public on reparations for African
16    American descendants of slavery;
17        (5) report to the General Assembly information and
18    findings regarding the work of the Commission under this
19    Section and the feasibility of reparations for Illinois
20    African American descendants of slavery, including any
21    recommendations on the subject; and
22        (6) discuss and perform actions regarding the
23    following issues:
24            (i) Preservation of African American neighborhoods
25        and communities through investment in business
26        development, home ownership, and affordable housing at

 

 

HB5871- 81 -LRB101 23250 RJF 74399 b

1        the median income of each neighborhood, with a full
2        range of housing services and strengthening of
3        institutions, which shall include, without limitation,
4        schools, parks, and community centers.
5            (ii) Building and development of a Vocational
6        Training Center for People of African
7        Descent-Citizens, with satellite centers throughout
8        the State, to address the racial disparity in the
9        building trades and the de-skilling of African
10        American labor through the historic discrimination in
11        the building trade unions. The Center shall also have
12        departments for legitimate activities in the informal
13        economy and apprenticeship.
14            (iii) Ensuring proportional economic
15        representation in all State contracts, including
16        reviews and updates of the State procurement and
17        contracting requirements and procedures with the
18        express goal of increasing the number of African
19        American vendors and contracts for services to an
20        equitable level reflecting their population in the
21        State.
22            (iv) Creation and enforcement of an Illinois
23        Slavery Era Disclosure Bill mandating that in addition
24        to disclosure, an affidavit must be submitted entitled
25        "Statement of Financial Reparations" that has been
26        negotiated between the Commission established under

 

 

HB5871- 82 -LRB101 23250 RJF 74399 b

1        this Section and a corporation or institution that
2        disclosed ties to the enslavement or injury of people
3        of African descent in the United States of America.
4    (f) Beginning January 1, 2022, and for each year
5thereafter, the Commission shall submit a report regarding its
6actions and any information as required under this Section to
7the Governor and the General Assembly. The report of the
8Commission shall also be made available to the public on the
9Internet website of the Department of Central Management
10Services.
 
11
Article 50.

 
12    Section 50-5. The Deposit of State Moneys Act is amended by
13changing Section 22.5 as follows:
 
14    (15 ILCS 520/22.5)  (from Ch. 130, par. 41a)
15    (For force and effect of certain provisions, see Section 90
16of P.A. 94-79)
17    Sec. 22.5. Permitted investments. The State Treasurer may,
18with the approval of the Governor, invest and reinvest any
19State money in the treasury which is not needed for current
20expenditures due or about to become due, in obligations of the
21United States government or its agencies or of National
22Mortgage Associations established by or under the National
23Housing Act, 12 U.S.C. 1701 et seq., or in mortgage

 

 

HB5871- 83 -LRB101 23250 RJF 74399 b

1participation certificates representing undivided interests in
2specified, first-lien conventional residential Illinois
3mortgages that are underwritten, insured, guaranteed, or
4purchased by the Federal Home Loan Mortgage Corporation or in
5Affordable Housing Program Trust Fund Bonds or Notes as defined
6in and issued pursuant to the Illinois Housing Development Act.
7All such obligations shall be considered as cash and may be
8delivered over as cash by a State Treasurer to his successor.
9    The State Treasurer may, with the approval of the Governor,
10purchase any state bonds with any money in the State Treasury
11that has been set aside and held for the payment of the
12principal of and interest on the bonds. The bonds shall be
13considered as cash and may be delivered over as cash by the
14State Treasurer to his successor.
15    The State Treasurer may, with the approval of the Governor,
16invest or reinvest any State money in the treasury that is not
17needed for current expenditure due or about to become due, or
18any money in the State Treasury that has been set aside and
19held for the payment of the principal of and the interest on
20any State bonds, in shares, withdrawable accounts, and
21investment certificates of savings and building and loan
22associations, incorporated under the laws of this State or any
23other state or under the laws of the United States; provided,
24however, that investments may be made only in those savings and
25loan or building and loan associations the shares and
26withdrawable accounts or other forms of investment securities

 

 

HB5871- 84 -LRB101 23250 RJF 74399 b

1of which are insured by the Federal Deposit Insurance
2Corporation.
3    The State Treasurer may not invest State money in any
4savings and loan or building and loan association unless a
5commitment by the savings and loan (or building and loan)
6association, executed by the president or chief executive
7officer of that association, is submitted in the following
8form:
9        The .................. Savings and Loan (or Building
10    and Loan) Association pledges not to reject arbitrarily
11    mortgage loans for residential properties within any
12    specific part of the community served by the savings and
13    loan (or building and loan) association because of the
14    location of the property. The savings and loan (or building
15    and loan) association also pledges to make loans available
16    on low and moderate income residential property throughout
17    the community within the limits of its legal restrictions
18    and prudent financial practices.
19    The State Treasurer may, with the approval of the Governor,
20invest or reinvest any State money in the treasury that is not
21needed for current expenditures due or about to become due, or
22any money in the State Treasury that has been set aside and
23held for the payment of the principal of and interest on any
24State bonds, in bonds issued by counties or municipal
25corporations of the State of Illinois.
26    The State Treasurer may invest or reinvest up to 5% of the

 

 

HB5871- 85 -LRB101 23250 RJF 74399 b

1College Savings Pool Administrative Trust Fund, the Illinois
2Public Treasurer Investment Pool (IPTIP) Administrative Trust
3Fund, and the State Treasurer's Administrative Fund that is not
4needed for current expenditures due or about to become due, in
5common or preferred stocks of publicly traded corporations,
6partnerships, or limited liability companies, organized in the
7United States, with assets exceeding $500,000,000 if: (i) the
8purchases do not exceed 1% of the corporation's or the limited
9liability company's outstanding common and preferred stock;
10(ii) no more than 10% of the total funds are invested in any
11one publicly traded corporation, partnership, or limited
12liability company; and (iii) the corporation or the limited
13liability company has not been placed on the list of restricted
14companies by the Illinois Investment Policy Board under Section
151-110.16 of the Illinois Pension Code.
16    The State Treasurer may, with the approval of the Governor,
17invest or reinvest any State money in the Treasury which is not
18needed for current expenditure, due or about to become due, or
19any money in the State Treasury which has been set aside and
20held for the payment of the principal of and the interest on
21any State bonds, in participations in loans, the principal of
22which participation is fully guaranteed by an agency or
23instrumentality of the United States government; provided,
24however, that such loan participations are represented by
25certificates issued only by banks which are incorporated under
26the laws of this State or any other state or under the laws of

 

 

HB5871- 86 -LRB101 23250 RJF 74399 b

1the United States, and such banks, but not the loan
2participation certificates, are insured by the Federal Deposit
3Insurance Corporation.
4    Whenever the total amount of vouchers presented to the
5Comptroller under Section 9 of the State Comptroller Act
6exceeds the funds available in the General Revenue Fund by
7$1,000,000,000 or more, then the State Treasurer may invest any
8State money in the Treasury, other than money in the General
9Revenue Fund, Health Insurance Reserve Fund, Attorney General
10Court Ordered and Voluntary Compliance Payment Projects Fund,
11Attorney General Whistleblower Reward and Protection Fund, and
12Attorney General's State Projects and Court Ordered
13Distribution Fund, which is not needed for current
14expenditures, due or about to become due, or any money in the
15State Treasury which has been set aside and held for the
16payment of the principal of and the interest on any State bonds
17with the Office of the Comptroller in order to enable the
18Comptroller to pay outstanding vouchers. At any time, and from
19time to time outstanding, such investment shall not be greater
20than $2,000,000,000. Such investment shall be deposited into
21the General Revenue Fund or Health Insurance Reserve Fund as
22determined by the Comptroller. Such investment shall be repaid
23by the Comptroller with an interest rate tied to the London
24Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an
25equivalent market established variable rate, but in no case
26shall such interest rate exceed the lesser of the penalty rate

 

 

HB5871- 87 -LRB101 23250 RJF 74399 b

1established under the State Prompt Payment Act or the timely
2pay interest rate under Section 368a of the Illinois Insurance
3Code. The State Treasurer and the Comptroller shall enter into
4an intergovernmental agreement to establish procedures for
5such investments, which market established variable rate to
6which the interest rate for the investments should be tied, and
7other terms which the State Treasurer and Comptroller
8reasonably believe to be mutually beneficial concerning these
9investments by the State Treasurer. The State Treasurer and
10Comptroller shall also enter into a written agreement for each
11such investment that specifies the period of the investment,
12the payment interval, the interest rate to be paid, the funds
13in the Treasury from which the Treasurer will draw the
14investment, and other terms upon which the State Treasurer and
15Comptroller mutually agree. Such investment agreements shall
16be public records and the State Treasurer shall post the terms
17of all such investment agreements on the State Treasurer's
18official website. In compliance with the intergovernmental
19agreement, the Comptroller shall order and the State Treasurer
20shall transfer amounts sufficient for the payment of principal
21and interest invested by the State Treasurer with the Office of
22the Comptroller under this paragraph from the General Revenue
23Fund or the Health Insurance Reserve Fund to the respective
24funds in the Treasury from which the State Treasurer drew the
25investment. Public Act 100-1107 shall constitute an
26irrevocable and continuing authority for all amounts necessary

 

 

HB5871- 88 -LRB101 23250 RJF 74399 b

1for the payment of principal and interest on the investments
2made with the Office of the Comptroller by the State Treasurer
3under this paragraph, and the irrevocable and continuing
4authority for and direction to the Comptroller and Treasurer to
5make the necessary transfers.
6    The State Treasurer may, with the approval of the Governor,
7invest or reinvest any State money in the Treasury that is not
8needed for current expenditure, due or about to become due, or
9any money in the State Treasury that has been set aside and
10held for the payment of the principal of and the interest on
11any State bonds, in any of the following:
12        (1) Bonds, notes, certificates of indebtedness,
13    Treasury bills, or other securities now or hereafter issued
14    that are guaranteed by the full faith and credit of the
15    United States of America as to principal and interest.
16        (2) Bonds, notes, debentures, or other similar
17    obligations of the United States of America, its agencies,
18    and instrumentalities.
19        (2.5) Bonds, notes, debentures, or other similar
20    obligations of a foreign government, other than the
21    Republic of the Sudan, that are guaranteed by the full
22    faith and credit of that government as to principal and
23    interest, but only if the foreign government has not
24    defaulted and has met its payment obligations in a timely
25    manner on all similar obligations for a period of at least
26    25 years immediately before the time of acquiring those

 

 

HB5871- 89 -LRB101 23250 RJF 74399 b

1    obligations.
2        (3) Interest-bearing savings accounts,
3    interest-bearing certificates of deposit, interest-bearing
4    time deposits, or any other investments constituting
5    direct obligations of any bank as defined by the Illinois
6    Banking Act.
7        (4) Interest-bearing accounts, certificates of
8    deposit, or any other investments constituting direct
9    obligations of any savings and loan associations
10    incorporated under the laws of this State or any other
11    state or under the laws of the United States.
12        (5) Dividend-bearing share accounts, share certificate
13    accounts, or class of share accounts of a credit union
14    chartered under the laws of this State or the laws of the
15    United States; provided, however, the principal office of
16    the credit union must be located within the State of
17    Illinois.
18        (6) Bankers' acceptances of banks whose senior
19    obligations are rated in the top 2 rating categories by 2
20    national rating agencies and maintain that rating during
21    the term of the investment.
22        (7) Short-term obligations of either corporations or
23    limited liability companies organized in the United States
24    with assets exceeding $500,000,000 if (i) the obligations
25    are rated at the time of purchase at one of the 3 highest
26    classifications established by at least 2 standard rating

 

 

HB5871- 90 -LRB101 23250 RJF 74399 b

1    services and mature not later than 270 days from the date
2    of purchase, (ii) the purchases do not exceed 10% of the
3    corporation's or the limited liability company's
4    outstanding obligations, (iii) no more than one-third of
5    the public agency's funds are invested in short-term
6    obligations of either corporations or limited liability
7    companies, and (iv) the corporation or the limited
8    liability company has not been placed on the list of
9    restricted companies by the Illinois Investment Policy
10    Board under Section 1-110.16 of the Illinois Pension Code.
11        (7.5) Obligations of either corporations or limited
12    liability companies organized in the United States, that
13    have a significant presence in this State, with assets
14    exceeding $500,000,000 if: (i) the obligations are rated at
15    the time of purchase at one of the 3 highest
16    classifications established by at least 2 standard rating
17    services and mature more than 270 days, but less than 10
18    years, from the date of purchase; (ii) the purchases do not
19    exceed 10% of the corporation's or the limited liability
20    company's outstanding obligations; (iii) no more than
21    one-third of the public agency's funds are invested in such
22    obligations of corporations or limited liability
23    companies; and (iv) the corporation or the limited
24    liability company has not been placed on the list of
25    restricted companies by the Illinois Investment Policy
26    Board under Section 1-110.16 of the Illinois Pension Code.

 

 

HB5871- 91 -LRB101 23250 RJF 74399 b

1        (8) Money market mutual funds registered under the
2    Investment Company Act of 1940.
3        (9) The Public Treasurers' Investment Pool created
4    under Section 17 of the State Treasurer Act or in a fund
5    managed, operated, and administered by a bank.
6        (10) Repurchase agreements of government securities
7    having the meaning set out in the Government Securities Act
8    of 1986, as now or hereafter amended or succeeded, subject
9    to the provisions of that Act and the regulations issued
10    thereunder.
11        (11) Investments made in accordance with the
12    Technology Development Act.
13        (12) Investments made in accordance with the Student
14    Investment Account Act.
15        (13) Investments constituting direct obligations of a
16    community development financial institution, which is
17    certified by the United States Treasury Community
18    Development Financial Institutions Fund and is operating
19    in the State of Illinois.
20        (14) Investments constituting direct obligations of a
21    minority depository institution, as designated by the
22    Federal Deposit Insurance Corporation, that is operating
23    in the State of Illinois.
24    For purposes of this Section, "agencies" of the United
25States Government includes:
26        (i) the federal land banks, federal intermediate

 

 

HB5871- 92 -LRB101 23250 RJF 74399 b

1    credit banks, banks for cooperatives, federal farm credit
2    banks, or any other entity authorized to issue debt
3    obligations under the Farm Credit Act of 1971 (12 U.S.C.
4    2001 et seq.) and Acts amendatory thereto;
5        (ii) the federal home loan banks and the federal home
6    loan mortgage corporation;
7        (iii) the Commodity Credit Corporation; and
8        (iv) any other agency created by Act of Congress.
9    The Treasurer may, with the approval of the Governor, lend
10any securities acquired under this Act. However, securities may
11be lent under this Section only in accordance with Federal
12Financial Institution Examination Council guidelines and only
13if the securities are collateralized at a level sufficient to
14assure the safety of the securities, taking into account market
15value fluctuation. The securities may be collateralized by cash
16or collateral acceptable under Sections 11 and 11.1.
17(Source: P.A. 100-1107, eff. 8-27-18; 101-81, eff. 7-12-19;
18101-206, eff. 8-2-19; 101-586, eff. 8-26-19; revised 9-25-19.)
 
19
Article 60.

 
20    Section 60-5. The Environmental Protection Act is amended
21by adding Section 40.4 as follows:
 
22    (415 ILCS 5/40.4 new)
23    Sec. 40.4. Environmental justice communities; community

 

 

HB5871- 93 -LRB101 23250 RJF 74399 b

1and environmental impact assessment; notification of
2applicants; community benefits agreements.
3    (a) The Agency shall ensure that possible adverse economic,
4social, and environmental effects on environmental justice
5communities relating to any permit or permit renewal have been
6fully considered prior to publishing a draft permit or permit
7renewal for public comment, and that the final decision on the
8permit or permit renewal is made in the best overall public
9interest.
10    Any person seeking a permit or permit renewal shall first
11submit to the Agency information necessary for the Agency to
12determine if the permitted activity will adversely impact an
13environmental justice community.
14    (b) Any person or entity seeking a permit or permit renewal
15in an environmental justice community shall give public notice
16to the residents of the community of the following:
17        (1) The person or entity's permit or permit renewal
18    application.
19        (2) The procedures allowing residents to file comments
20    on the application with the Agency.
21        (3) The date, time, and place of a community meeting
22    for the purpose of informing the surrounding community of
23    the permit application and for taking comments and
24    questions. The meeting shall not be held less than 30 days
25    following publication of the notice.
26    Community residents shall have 90 days following the

 

 

HB5871- 94 -LRB101 23250 RJF 74399 b

1community meeting to submit comments to the Agency.
2    (c) A permit applicant for permitted activity sited in an
3environmental justice community shall enter into a community
4benefits agreement with the unit of local government in whose
5jurisdiction the permit applicant has applied. The community
6benefits agreement must, at a minimum, contain provisions
7requiring the permit applicant to mitigate the environmental
8and public health impact of the permitted activity in the
9environmental justice community.
10    (d) For purposes of this Section, "permit" means a permit
11issued by the Illinois Environmental Protection Agency through
12the Clean Air Act Permit Program or the National Pollutant
13Discharge Elimination System.
 
14
Article 70.

 
15    Section 5. The Barber, Cosmetology, Esthetics, Hair
16Braiding, and Nail Technology Act of 1985 is amended by adding
17Section 4-30 as follows:
 
18    (225 ILCS 410/4-30 new)
19    Sec. 4-30. Beauty supply industry disparity study.
20    (a) The Department shall compile and publish a disparity
21study by December 31, 2022 that: (1) evaluates whether there
22exists discrimination in the State's beauty supply industry;
23and (2) if so, evaluates the impact of such discrimination on

 

 

HB5871- 95 -LRB101 23250 RJF 74399 b

1the State and includes recommendations for reducing or
2eliminating any identified barriers to entry in the beauty
3supply industry and discriminatory behavior. The Department
4shall forward a copy of its findings and recommendations to the
5General Assembly and the Governor.
6    (b) The Department may compile, collect, or otherwise
7gather data necessary for the administration of this Section
8and to carry out the Department's duty relating to the
9recommendation of policy changes. The Department shall compile
10all of the data into a single report, submit the report to the
11Governor and the General Assembly, and publish the report on
12its website.
13    (c) This Section is repealed on January 1, 2024.
 
14
Article 75.

 
15    Section 75-1. Short title. This Act may be cited as the
16Reduction of Lead Service Lines Act.
 
17    Section 75-5. Purpose. The purpose of this Act is to
18require the owners and operators of community water supplies
19to: (1) create a comprehensive lead service line inventory; (2)
20provide notice to occupants of potentially affected residences
21and buildings of construction or repair work on water mains,
22lead service lines, or water meters; (3) prohibit partial lead
23service line replacements; and (4) create a lead service line

 

 

HB5871- 96 -LRB101 23250 RJF 74399 b

1replacement program.
 
2    Section 75-10. Definitions. In this Act:
3    "Agency" means the Environmental Protection Agency.
4    "Community water supply" means a public water supply that
5serves at least 15 service connections used by year-round
6residents or regularly serves at least 25 year-round residents
7    "Department" means the Department of Public Health.
8    "Emergency repair" means water distribution work that
9includes unscheduled water main, water service, water valve, or
10fire hydrant repair or replacement that results from premature
11failure or accident.
12    "Lead service line" means a service line that is made of
13lead, or any lead pigtail, lead gooseneck, or other lead
14fitting that is connected to a service line, or both.
15    "Non-community water supply" means a public water supply
16that is not a community water supply.
17    "Potentially affected residence" means a residence where
18water service is supplied through a pipe containing lead or
19suspected to be made of lead.
20    "Service line" means the pipe from the discharge of the
21utility fitting to customer site piping or to the building
22plumbing at the first shut-off valve inside the building or 18
23inches inside the building, whichever is shorter.
24    "Small system" means a water system that regularly serves
25water to 3,300 or fewer persons.
 

 

 

HB5871- 97 -LRB101 23250 RJF 74399 b

1    Section 75-15. Water service line material inventory.
2    (a) The owner or operator of each community water supply
3shall develop an initial water service line material inventory
4that shall be submitted to the Agency for approval, in an
5electronic form selected by the Agency, by April 15, 2020. The
6owner or operator shall annually update and submit its
7inventory to the Agency by April 15 of each year thereafter.
8Each water service line material inventory shall identify:
9        (1) The total number of service lines within or
10    connected to the distribution system.
11        (2) The materials of construction, including, but not
12    limited to, lead, of each water service line connected to
13    the distribution system. The owner or operator of the
14    community water supply shall develop the inventory by
15    identifying on both the customer's and the community water
16    supply's side of the curb box the type of construction
17    material used.
18        (3) The number of the lead service lines that were
19    added and removed from the inventory after the previous
20    year's submission.
21    (b) The owner or operator of each community water supply
22shall maintain records of owners or residents that refuse to
23grant access to the interior of the building for purposes of
24identifying the service line material. If the owner or resident
25refuses to allow access to his or her residence or property for

 

 

HB5871- 98 -LRB101 23250 RJF 74399 b

1the purposes of cooperating with the inventory, the community
2water supply shall request that the owner or resident sign a
3waiver. The waiver shall be developed by the Department. If the
4owner or resident refuses to sign the waiver, the record shall
5include the dates and manner of each request and the name of
6the person who made the request.
7    (c) The owner or operator of each community water supply
8shall, upon finding the presence of a lead service line, notify
9the owner and resident of the building within 24 hours, or as
10soon as is reasonably possible.
11    (d) No later than January 1, 2021, the Agency shall by rule
12determine a reasonable deadline for submitting each community
13water supply's complete water service line material inventory
14required under subsection (a), not to exceed 5 years from
15January 1, 2020, unless the Agency determines that additional
16time is needed for one or more community water supply's
17inventory due to the technical feasibility of identifying lines
18within a system.
19    (e) Nothing in this Section shall be construed to require
20that service lines be unearthed.
21    (f) Beginning on January 1, 2020, when conducting routine
22inspections of community water supplies, the Agency may conduct
23a separate audit to identify progress that the community water
24supply has made toward completing the water service line
25material inventory required under subsection (a).
 

 

 

HB5871- 99 -LRB101 23250 RJF 74399 b

1    Section 75-20. Construction notifications.
2    (a) Within 13 days before beginning planned work to repair
3or replace any water mains with lead or partial lead service
4lines attached to them or lead service lines themselves, the
5owner or operator of a community water supply shall notify each
6potentially affected residence of the planned work through an
7individual written notice. In cases where a community water
8supply must perform construction or repair work on an emergency
9basis or where the work is scheduled within 14 days of the work
10taking place, the community water supply shall notify each
11potentially affected residence as soon as is reasonably
12possible. When work is to repair or replace a water meter, the
13notification shall be provided at the time the work is
14initiated.
15    (b) A notification under subsection (a) shall include, at a
16minimum, the following:
17        (1) a warning that the work may result in sediment,
18    possibly containing lead from the service line, in the
19    residence's water;
20        (2) information concerning the best practices for
21    preventing exposure to or risk of consumption of any lead
22    in drinking water, including a recommendation to flush
23    water lines during and after the completion of the repair
24    or replacement work and to clean faucet aerator screens;
25    and
26        (3) information regarding the dangers of lead in young

 

 

HB5871- 100 -LRB101 23250 RJF 74399 b

1    children and pregnant women.
2    (c) To the extent that the owner or operator of a community
3water supply serves a significant proportion of non-English
4speaking consumers, a notification under subsection (a) must
5contain information in the appropriate languages regarding the
6importance of the notice, and it must contain a telephone
7number or address where a person who is served may contact the
8owner or operator of the community water supply to obtain a
9translated copy of the notification or to request assistance in
10the appropriate language.
11    (d) Notwithstanding anything to the contrary set forth in
12this Section, publication notification through local media,
13social media, or other similar means may be used in lieu of an
14individual written notification to the extent that: (1)
15notification is required for the entire community served by a
16community water supply; (2) notification is required for
17construction or repairs occurring on an emergency basis; or (3)
18the community water supply is a small system.
19    (e) If an owner or operator of a community water supply is
20required to provide an individual written notification to a
21residence that is a multidwelling building, then posting a
22written notification on the primary entrance way to the
23building shall be sufficient.
24    (f) The notification requirements in this Section do not
25apply to work performed on water mains that are used to
26transmit treated water between community water supplies and

 

 

HB5871- 101 -LRB101 23250 RJF 74399 b

1that have no service connections.
2    (g) A community water supply is not required to comply with
3this Section to the extent that the corresponding water service
4line material inventory has been completed and demonstrates
5that the community water supply's distribution system does not
6include lead service lines.
 
7    Section 75-25. Lead service line replacement program.
8    (a) Every community water supply in Illinois that has known
9lead service lines shall create a plan to replace all lead
10service lines and galvanized service lines if the service line
11is or was connected to lead piping. Each community water supply
12shall submit its lead service line replacement plan to the
13Agency for approval, in an electronic form selected by the
14Agency, by April 15, 2021. Each community water supply shall
15annually update and submit its plan to the Agency by April 15
16of each year thereafter in conjunction with the water service
17line material inventory required under Section 15. The Agency
18shall make each plan available to the public by maintaining
19them on the Agency website.
20    (b) Each lead service line replacement program plan shall
21include the following:
22        (1) The water service line material inventory
23    conducted under Section 15.
24        (2) An analysis of whether the community water supply
25    has control over lead service lines in its system.

 

 

HB5871- 102 -LRB101 23250 RJF 74399 b

1        (3) An analysis of costs and financing options for
2    replacing the system's lead service line that minimizes the
3    overall cost of system replacement. The analysis shall
4    include, but is not limited to:
5            (A) a detailed accounting of costs;
6            (B) measures to address affordability for
7        customers or rate payers;
8            (C) consideration of different scenarios for
9        structuring payments between the utility and its
10        customers over time;
11            (D) an explanation of the rationale for any permit
12        fees or other charges to a property owner associated
13        with lead service lines, and plans for utilization of
14        revenues derived from those fees or other charges; and
15            (E) any other relevant factors regarding the
16        rulemaking required by this Act.
17        (4) A feasibility and affordability plan that
18    includes, but is not limited to, information on whether:
19            (A) the community water supply pays for the portion
20        of the service lines owned by the community water
21        supply and the property owner pays for the portion he
22        or she owns;
23            (B) the community water supply pays for the entire
24        replacement and has a low interest loan for property
25        owners to pay for the replacement over time on their
26        water bills; or

 

 

HB5871- 103 -LRB101 23250 RJF 74399 b

1            (C) the community water supply pays for the entire
2        replacement.
3        (5) A plan for prioritizing high risk areas.
4        (6) A proposed schedule for replacements that includes
5    annual benchmarks, not to fall below 4 percent replacement
6    of inventoried lines per year.
7        (7) A proposed deadline for replacing all lead service
8    lines consistent with the water service line material
9    inventory required under Section 15.
10    (c) The Agency shall begin the rulemaking process to
11implement the requirements of this Section within 6 months of
12the effective date of this Act and shall adopt rules within one
13year after the rulemaking process begins. During the rulemaking
14process, the Agency shall consider:
15        (1) the form for submitting, and process for the
16    Agency's review of, lead service line replacement plans;
17        (2) whether a deadline for replacing all lead service
18    lines for community water supplies subject to this Act is
19    appropriate considering the utility scale, technical
20    feasibility of identifying and replacing lines, and impact
21    to public health of maintaining any lead service lines in
22    place;
23        (3) the means by a which a community water supply must
24    make its lead service line replacement plan, and its
25    progress towards implementing the plan, available to the
26    public;

 

 

HB5871- 104 -LRB101 23250 RJF 74399 b

1        (4) the materials deemed acceptable for lead service
2    line replacement; and
3        (5) any factors that a community water supply shall
4    consider in developing the components of a plan required
5    under subsection (a).
6    (d) When a community water supply replaces a water main,
7the community water supply must identify and replace all lead
8service lines that connect to that water main during
9replacement of the water main, unless a customer refuses to
10have his or her lead service line replaced. If a customer
11refuses to have his or her lead service line replaced, the
12community water supply shall keep a record of that refusal
13consistent with subsection (b) of Section 15.
14    The Agency shall by rule set reasonable fees for community
15water systems to submit replacement plans.
16    (e) In order to provide water that does not become
17contaminated with lead from a lead service line or galvanized
18service line that is or was connected to lead piping, in
19accordance with constitutional limitations, and to the extent
20not already provided for by law, a community water supply shall
21have the authority to access private property and private
22residences for the sole purpose of identifying or replacing
23lead service lines or galvanized service lines.
24    Before a community water supply may access private property
25or a private residence for the purpose of replacing a lead
26service line or galvanized service line that is or was

 

 

HB5871- 105 -LRB101 23250 RJF 74399 b

1connected to lead piping, the community water supply shall
2notify the owner of the property and the resident at least one
3month before the planned work on the private property or in his
4or her private residence. The community water supply must meet
5the following requirements for notice under this subsection:
6        (1) The notice shall be made by the community water
7    supply at least every 2 weeks prior to the planned work
8    until the owner and resident have been contacted.
9        (2) At least one of the notices must be by certified
10    mail.
11        (3) The community water supply shall make personal
12    contact with the owner or resident about the notice by
13    visits to the property or residence.
14        (4) The community water supply shall attempt to tape
15    flyers with the notice to entrance doors for the property
16    or residence.
17        (5) To the extent that the owner or operator of a
18    community water supply serves a significant proportion of
19    non-English speaking consumers, a notification under this
20    Section must contain information in the appropriate
21    language regarding the importance of the notice and a
22    telephone number or address where a person who is served
23    may contact the owner or operator of the community water
24    supply to obtain a translated copy of the notification or
25    to request assistance in the appropriate language.
26    If the owner or resident refuses to allow access to his or

 

 

HB5871- 106 -LRB101 23250 RJF 74399 b

1her residence or property for the purposes of cooperating with
2the lead service line replacement, the community water supply
3shall request that the owner or resident sign a waiver. The
4waiver shall be developed by the Department and should be made
5available in the owner or resident's language. Should the owner
6or resident refuse to sign the waiver, or fail to respond to
7the community water supply subsequent to the community water
8supply's compliance with the notification requirements set
9forth in this subsection, the community water supply shall
10notify the Department in writing within 15 working days and
11shall notify the Agency as part of the annual report to the
12Agency under subsection (a).
13    To the extent allowed by law, community water supplies
14shall be held harmless for damage to property when installing
15water service lines. If dangers are encountered that prevent
16the replacement of the lead service line, the community water
17supply shall notify the Department within 15 working days of
18why the replacement of the lead service could not be
19accomplished.
20    (f) Service lines that are physically disconnected from the
21distribution system are exempt from this Section.
 
22    Section 75-30. Prohibitions.
23    (a) Except as otherwise provided in this Section, no person
24shall replace a portion of a lead service line without
25replacing the entirety of the line at the same time.

 

 

HB5871- 107 -LRB101 23250 RJF 74399 b

1    (b) If the owner or operator of a community water supply
2does not own the entire service line, then the owner or
3operator of the community water supply shall notify the owner
4of the service line, or the service line owner's authorized
5agent, that the community water supply will replace the portion
6of the service line that it owns and the owner's portion of the
7service line at the community water supply's expense. The
8notification shall follow the procedures required under
9subsection (e) of Section 25. If the service line's owner or
10authorized agent does not consent, consistent with the
11notification and waiver provisions under subsection (e) of
12Section 25, the community water supply shall not replace any
13portion of the service line, unless in conjunction with an
14emergency repair.
15    (c) A person may replace a portion of a lead service line
16but not the entirety of the line when an emergency repair is
17necessary and the community water supply notifies the owner and
18resident within 36 hours, informing the owner and resident of
19mitigating strategies, such as flushing pipes before use or
20supplying filters for drinking and cooking purposes.
21    In the event of a partial service line replacement due to
22an emergency situation, the community water supply must provide
23filters and replace the remainder of the lead service line
24within 30 days of the emergency repair.
25    In the event of a partial lead service line replacement
26resulting from an emergency repair, the community water supply

 

 

HB5871- 108 -LRB101 23250 RJF 74399 b

1shall inform the residents served by the service line that the
2community water supply shall, at the community water supply's
3expense, arrange to collect a sample from each partially
4replaced lead service line that is representative of the water
5in the service line for analysis of lead content within 72
6hours after the completion of the partial replacement of the
7service line. The community water supply shall collect the
8sample and report the results of the analysis to the owner and
9the resident or residents served by the line within 3 business
10days of receiving the results. A mailed notice of the results
11postmarked within 3 business days after the community water
12supply receives the results shall satisfy the reporting
13requirement.
14    (d) If an owner of a residence intends to replace the
15portion of the lead service line that he or she owns, then the
16owner of the residence shall provide the owner or operator of
17the community water supply of the replacement plan with notice
18at least 45 days before commencing the work. In the case of an
19emergency repair, if the notice is not feasible, and if the
20owner of the residence notifies the owner or operator of the
21community water supply of the replacement of a portion of the
22lead service line after the work is done, then the owner or
23operator of the community water supply must replace the
24remainder of the lead service line within 90 days.
 
25    Section 75-35. Non-community water supplies. The

 

 

HB5871- 109 -LRB101 23250 RJF 74399 b

1requirements of this Act do not apply to non-community water
2supplies.
 
3    Section 75-100. The Department of Commerce and Economic
4Opportunity Law of the Civil Administrative Code of Illinois is
5amended by adding Section 605-870 as follows:
 
6    (20 ILCS 605/605-870 new)
7    Sec. 605-870. Low-income water assistance policy and
8program.
9    (a) The Department shall by rule establish a comprehensive
10low-income water assistance policy and program that
11incorporates financial assistance and includes, but is not
12limited to, water efficiency or water quality projects, such as
13lead service line replacement, or other measures to ensure that
14residents have access to affordable and clean water. The policy
15and program shall not jeopardize the ability of public
16utilities, community water supplies, or other entities to
17receive just compensation for providing services. The
18resources applied in achieving the policy and program shall be
19coordinated and efficiently used through the integration of
20public programs and through the targeting of assistance. The
21Department shall use all appropriate and available means to
22fund this program and, to the extent possible, identify and use
23sources of funding that complement State tax revenues. The rule
24shall be finalized within 180 days of the effective date of

 

 

HB5871- 110 -LRB101 23250 RJF 74399 b

1this Act, or within 60 days of receiving an appropriation for
2the program.
3    (b) Any person who is a resident of the State and whose
4household income is not greater than an amount determined
5annually by the Department may apply for assistance under this
6Section in accordance with rules adopted by the Department. In
7setting the annual eligibility level, the Department shall
8consider the amount of available funding and may not set a
9limit higher than 150 percent of the poverty guidelines updated
10periodically in the Federal Register by the U.S. Department of
11Health and Human Services under the authority of 42 U.S.C.
129902(2).
13    (c) Applicants who qualify for assistance under subsection
14(b) shall, subject to appropriation from the General Assembly
15and subject to availability of funds to the Department, receive
16assistance as provided in this Section. The Department, upon
17receipt of moneys authorized under this Section for assistance,
18shall commit funds for each qualified applicant in an amount
19determined by the Department. In determining the amounts of
20assistance to be provided to or on behalf of a qualified
21applicant, the Department shall ensure that the highest amounts
22of assistance go to households with the greatest water costs in
23relation to household income. The Department may consider
24factors such as water costs, household size, household income,
25and region of the State when determining individual household
26benefits. In adopting rules for the administration of this

 

 

HB5871- 111 -LRB101 23250 RJF 74399 b

1Section, the Department shall ensure that a minimum of
2one-third of the funds for the program are available for
3benefits to eligible households with the lowest incomes and
4that elderly households, households with persons with
5disabilities, and households with children under 6 years of age
6are offered a priority application period.
7    (d) Application materials for the program shall be made
8available in multiple languages.
9    (e) The Department may adopt any rules necessary to
10implement this Section.
 
11    Section 75-105. The Public Utilities Act is amended by
12changing Section 8-306 as follows:
 
13    (220 ILCS 5/8-306)
14    Sec. 8-306. Special provisions relating to water and sewer
15utilities.
16    (a) No later than 120 days after the effective date of this
17amendatory Act of the 94th General Assembly, the Commission
18shall prepare, make available to customers upon request, and
19post on its Internet web site information concerning the
20service obligations of water and sewer utilities and remedies
21that a customer may pursue for a violation of the customer's
22rights. The information shall specifically address the rights
23of a customer of a water or sewer utility in the following
24situations:

 

 

HB5871- 112 -LRB101 23250 RJF 74399 b

1        (1) The customer's water meter is replaced.
2        (2) The customer's bill increases by more than 50%
3    within one billing period.
4        (3) The customer's water service is terminated.
5        (4) The customer wishes to complain after receiving a
6    termination of service notice.
7        (5) The customer is unable to make payment on a billing
8    statement.
9        (6) A rate is filed, including without limitation a
10    surcharge or annual reconciliation filing, that will
11    increase the amount billed to the customer.
12        (7) The customer is billed for services provided prior
13    to the date covered by the billing statement.
14        (8) The customer is due to receive a credit.
15    Each billing statement issued by a water or sewer utility
16shall include an Internet web site address where the customer
17can view the information required under this subsection (a) and
18a telephone number that the customer may call to request a copy
19of the information.
20    (b) A water or sewer utility may discontinue service only
21after it has mailed or delivered by other means a written
22notice of discontinuance substantially in the form of Appendix
23A of 83 Ill. Adm. Code 280. The notice must include the
24Internet web site address where the customer can view the
25information required under subsection (a) and a telephone
26number that the customer may call to request a copy of the

 

 

HB5871- 113 -LRB101 23250 RJF 74399 b

1information. Any notice required to be delivered or mailed to a
2customer prior to discontinuance of service shall be delivered
3or mailed separately from any bill. Service shall not be
4discontinued until at least 5 days after delivery or 8 days
5after the mailing of this notice. Service shall not be
6discontinued and shall be restored if discontinued for the
7reason which is the subject of a dispute or complaint during
8the pendency of informal or formal complaint procedures of the
9Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or
10280.170, where the customer has complied with those rules.
11Service shall not be discontinued and shall be restored if
12discontinued where a customer has established a deferred
13payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has
14not defaulted on such agreement. Residential customers who are
15indebted to a utility for past due utility service shall have
16the opportunity to make arrangements with the utility to retire
17the debt by periodic payments, referred to as a deferred
18payment agreement, unless this customer has failed to make
19payment under such a plan during the past 12 months. The terms
20and conditions of a reasonable deferred payment agreement shall
21be determined by the utility after consideration of the
22following factors, based upon information available from
23current utility records or provided by the customer or
24applicant:
25        (1) size of the past due account;
26        (2) customer or applicant's ability to pay;

 

 

HB5871- 114 -LRB101 23250 RJF 74399 b

1        (3) customer or applicant's payment history;
2        (4) reason for the outstanding indebtedness; and
3        (5) any other relevant factors relating to the
4    circumstances of the customer or applicant's service.
5A residential customer shall pay a maximum of one-fourth of the
6amount past due and owing at the time of entering into the
7deferred payment agreement, and the water or sewer utility
8shall allow a minimum of 2 months from the date of the
9agreement and a maximum of 12 months for payment to be made
10under a deferred payment agreement. Late payment charges may be
11assessed against the amount owing that is the subject of a
12deferred payment agreement.
13    (c) A water or sewer utility shall provide notice as
14required by subsection (a) of Section 9-201 after the filing of
15each information sheet under a purchased water surcharge,
16purchased sewage treatment surcharge, or qualifying
17infrastructure plant surcharge. The utility also shall post
18notice of the filing in accordance with the requirements of 83
19Ill. Adm. Code 255. Unless filed as part of a general rate
20increase, notice of the filing of a purchased water surcharge
21rider, purchased sewage treatment surcharge rider, or
22qualifying infrastructure plant surcharge rider also shall be
23given in the manner required by this subsection (c) for the
24filing of information sheets.
25    (d) Commission rules pertaining to formal and informal
26complaints against public utilities shall apply with full and

 

 

HB5871- 115 -LRB101 23250 RJF 74399 b

1equal force to water and sewer utilities and their customers,
2including provisions of 83 Ill. Adm. Code 280.170, and the
3Commission shall respond to each complaint by providing the
4consumer with a copy of the utility's response to the complaint
5and a copy of the Commission's review of the complaint and its
6findings. The Commission shall also provide the consumer with
7all available options for recourse.
8    (e) Any refund shown on the billing statement of a customer
9of a water or sewer utility must be itemized and must state if
10the refund is an adjustment or credit.
11    (f) Water service for building construction purposes. At
12the request of any municipality or township within the service
13area of a public utility that provides water service to
14customers within the municipality or township, a public utility
15must (1) require all water service used for building
16construction purposes to be measured by meter and subject to
17approved rates and charges for metered water service and (2)
18prohibit the unauthorized use of water taken from hydrants or
19service lines installed at construction sites.
20    (g) Water meters.
21        (1) Periodic testing. Unless otherwise approved by the
22    Commission, each service water meter shall be periodically
23    inspected and tested in accordance with the schedule
24    specified in 83 Ill. Adm. Code 600.340, or more frequently
25    as the results may warrant, to insure that the meter
26    accuracy is maintained within the limits set out in 83 Ill.

 

 

HB5871- 116 -LRB101 23250 RJF 74399 b

1    Adm. Code 600.310.
2        (2) Meter tests requested by customer.
3            (A) Each utility furnishing metered water service
4        shall, without charge, test the accuracy of any meter
5        upon request by the customer served by such meter,
6        provided that the meter in question has not been tested
7        by the utility or by the Commission within 2 years
8        previous to such request. The customer or his or her
9        representatives shall have the privilege of witnessing
10        the test at the option of the customer. A written
11        report, giving the results of the test, shall be made
12        to the customer.
13            (B) When a meter that has been in service less than
14        2 years since its last test is found to be accurate
15        within the limits specified in 83 Ill. Adm. Code
16        600.310, the customer shall pay a fee to the utility
17        not to exceed the amounts specified in 83 Ill. Adm.
18        Code 600.350(b). Fees for testing meters not included
19        in this Section or so located that the cost will be out
20        of proportion to the fee specified will be determined
21        by the Commission upon receipt of a complete
22        description of the case.
23        (3) Commission referee tests. Upon written application
24    to the Commission by any customer, a test will be made of
25    the customer's meter by a representative of the Commission.
26    For such a test, a fee as provided for in subsection (g)(2)

 

 

HB5871- 117 -LRB101 23250 RJF 74399 b

1    shall accompany the application. If the meter is found to
2    be registering more than 1.5% fast on the average when
3    tested as prescribed in 83 Ill. Adm. Code 600.310, the
4    utility shall refund to the customer the amount of the fee.
5    The utility shall in no way disturb the meter after a
6    customer has made an application for a referee test until
7    authority to do so is given by the Commission or the
8    customer in writing.
9    (h) Water and sewer utilities; low usage. Each public
10utility that provides water and sewer service must establish a
11unit sewer rate, subject to review by the Commission, that
12applies only to those customers who use less than 1,000 gallons
13of water in any billing period.
14    (i) Water and sewer utilities; separate meters. Each public
15utility that provides water and sewer service must offer
16separate rates for water and sewer service to any commercial or
17residential customer who uses separate meters to measure each
18of those services. In order for the separate rate to apply, a
19combination of meters must be used to measure the amount of
20water that reaches the sewer system and the amount of water
21that does not reach the sewer system.
22    (j) Each water or sewer public utility must disclose on
23each billing statement any amount billed that is for service
24provided prior to the date covered by the billing statement.
25The disclosure must include the dates for which the prior
26service is being billed. Each billing statement that includes

 

 

HB5871- 118 -LRB101 23250 RJF 74399 b

1an amount billed for service provided prior to the date covered
2by the billing statement must disclose the dates for which that
3amount is billed and must include a copy of the document
4created under subsection (a) and a statement of current
5Commission rules concerning unbilled or misbilled service.
6    (k) When the customer is due a refund resulting from
7payment of an overcharge, the utility shall credit the customer
8in the amount of overpayment with interest from the date of
9overpayment by the customer. The rate for interest shall be at
10the appropriate rate determined by the Commission under 83 Ill.
11Adm. Code 280.70.
12    (l) Water and sewer public utilities; subcontractors. The
13Commission shall adopt rules for water and sewer public
14utilities to provide notice to the customers of the proper kind
15of identification that a subcontractor must present to the
16customer, to prohibit a subcontractor from soliciting or
17receiving payment of any kind for any service provided by the
18water or sewer public utility or the subcontractor, and to
19establish sanctions for violations.
20    (m) Water and sewer public utilities; nonrevenue
21unaccounted-for water. Each By December 31, 2006, each water
22public utility shall file tariffs with the Commission to
23establish the maximum percentage of nonrevenue unaccounted-for
24water that would be considered in the determination of any
25rates or surcharges. The rates or surcharges approved for a
26water public utility shall not include charges for nonrevenue

 

 

HB5871- 119 -LRB101 23250 RJF 74399 b

1unaccounted-for water in excess of this maximum percentage
2without well-documented support and justification for the
3Commission to consider in any request to recover charges in
4excess of the tariffed maximum percentage.
5    (n) Rate increases; public forums. When any public utility
6providing water or sewer service proposes a general rate
7increase, in addition to other notice requirements, the water
8or sewer public utility must notify its customers of their
9right to request a public forum. A customer or group of
10customers must make written request to the Commission for a
11public forum and must also provide written notification of the
12request to the customer's municipal or, for unincorporated
13areas, township government. The Commission, at its discretion,
14may schedule the public forum. If it is determined that public
15forums are required for multiple municipalities or townships,
16the Commission shall schedule these public forums, in locations
17within approximately 45 minutes drive time of the
18municipalities or townships for which the public forums have
19been scheduled. The public utility must provide advance notice
20of 30 days for each public forum to the governing bodies of
21those units of local government affected by the increase. The
22day of each public forum shall be selected so as to encourage
23the greatest public participation. Each public forum will begin
24at 7:00 p.m. Reports and comments made during or as a result of
25each public forum must be made available to the hearing
26officials and reviewed when drafting a recommended or tentative

 

 

HB5871- 120 -LRB101 23250 RJF 74399 b

1decision, finding or order pursuant to Section 10-111 of this
2Act.
3    (o) The Commission may allow or direct a water utility to
4establish a customer assistance program that provides
5financial relief to residential customers who qualify for
6income-related assistance.
7    A customer assistance program established under this
8subsection that affects rates and charges for service is not
9discriminatory for purposes of this Act or any other law
10regulating rates and charges for service. In considering
11whether to approve a water utility's proposed customer
12assistance program, the Commission must determine that a
13customer assistance program established under this subsection
14is in the public interest.
15    The Commission shall adopt rules to implement this
16subsection. These rules shall require customer assistance
17programs under this subsection to coordinate with utility
18energy efficiency programs and the Illinois Home
19Weatherization Assistance Program for the purpose of informing
20eligible customers of additional resources that may help the
21customer conserve water.
22    (p) In this subsection, "cost of service" means the total
23annual operation and maintenance expenses and capital-related
24costs incurred in meeting the various aspects of providing
25water or sanitary sewer service.
26    Within one year after the effective date of this amendatory

 

 

HB5871- 121 -LRB101 23250 RJF 74399 b

1Act of the 101st General Assembly, an entity subject to the
2federal Safe Drinking Water Act and the federal Clean Water Act
3that serves or provides water or sewer services to a population
4of more than 3,300 shall prepare a summary of its cost of
5service for calendar year 2016.
6    A summary prepared under this subsection shall be submitted
7to the Environmental Protection Agency electronically and
8shall include any standardized forms, tables, or text specified
9by the Director of the Agency. The Agency shall post all such
10summaries on the Agency's website for public viewing and in a
11timely manner after the Agency receives them. If an entity is
12required to submit a cost of service summary or similar
13document to another State agency, the entity may submit its
14report to the Agency in the form required by that State agency.
15(Source: P.A. 94-950, eff. 6-27-06.)
 
16    (415 ILCS 5/17.11 rep.)
17    Section 75-110. The Environmental Protection Act is
18amended by repealing Section 17.11.
 
19
Article 85.

 
20    Section 85-5. The Property Tax Code is amended by changing
21Sections 21-295, 21-310, 21-355 as follows:
 
22    (35 ILCS 200/21-295)

 

 

HB5871- 122 -LRB101 23250 RJF 74399 b

1    Sec. 21-295. Creation of indemnity fund.
2    (a) In counties of less than 3,000,000 inhabitants, each
3person purchasing any property at a sale under this Code shall
4pay to the County Collector, prior to the issuance of any
5certificate of purchase, an indemnity fee set by the county
6collector of not more than $20 for each item purchased. A like
7sum shall be paid for each year that all or a portion of
8subsequent taxes are paid by the tax purchaser and posted to
9the tax judgment, sale, redemption and forfeiture record where
10the underlying certificate of purchase is recorded.
11    (a-5) In counties of 3,000,000 or more inhabitants, each
12person purchasing property at a sale under this Code shall pay
13to the County Collector a non-refundable fee of $80 for each
14item purchased plus an additional sum equal to 5% of taxes,
15interest, and penalties paid by the purchaser, including the
16taxes, interest, and penalties paid under Section 21-240. In
17these counties, the certificate holder shall also pay to the
18County Collector a fee of $80 for each year that all or a
19portion of subsequent taxes are paid by the tax purchaser and
20posted to the tax judgment, sale, redemption, and forfeiture
21record, plus an additional sum equal to 5% of all subsequent
22taxes, interest, and penalties. The additional 5% fees are not
23required after December 31, 2006. The changes to this
24subsection made by this amendatory Act of the 91st General
25Assembly are not a new enactment, but declaratory of existing
26law.

 

 

HB5871- 123 -LRB101 23250 RJF 74399 b

1    (b) The amount paid prior to issuance of the certificate of
2purchase pursuant to subsection (a) or (a-5) shall be included
3in the purchase price of the property in the certificate of
4purchase and all amounts paid under this Section shall be
5included in the amount required to redeem under Section 21-355,
6except for the non-refundable $80 fee for each item purchased
7at the tax sale as provided in this Section. Except as
8otherwise provided in subsection (b) of Section 21-300, all
9money received under subsection (a) or (a-5) shall be paid by
10the Collector to the County Treasurer of the County in which
11the land is situated, for the purpose of an indemnity fund. The
12County Treasurer, as trustee of that fund, shall invest all of
13that fund, principal and income, in his or her hands from time
14to time, if not immediately required for payments of
15indemnities under subsection (a) of Section 21-305, in
16investments permitted by the Illinois State Board of Investment
17under Article 22A of the Illinois Pension Code. The county
18collector shall report annually to the county clerk on the
19condition and income of the fund. The indemnity fund shall be
20held to satisfy judgments obtained against the County
21Treasurer, as trustee of the fund. No payment shall be made
22from the fund, except upon a judgment of the court which
23ordered the issuance of a tax deed.
24(Source: P.A. 100-1070, eff. 1-1-19.)
 
25    (35 ILCS 200/21-310)

 

 

HB5871- 124 -LRB101 23250 RJF 74399 b

1    Sec. 21-310. Sales in error.
2    (a) When, upon application of the county collector, the
3owner of the certificate of purchase, or a municipality which
4owns or has owned the property ordered sold, it appears to the
5satisfaction of the court which ordered the property sold that
6any of the following subsections are applicable, the court
7shall declare the sale to be a sale in error:
8        (1) the property was not subject to taxation, or all or
9    any part of the lien of taxes sold has become null and void
10    pursuant to Section 21-95 or unenforceable pursuant to
11    subsection (c) of Section 18-250 or subsection (b) of
12    Section 22-40,
13        (2) the taxes or special assessments had been paid
14    prior to the sale of the property,
15        (3) there is a double assessment,
16        (4) the description is void for uncertainty,
17        (5) the assessor, chief county assessment officer,
18    board of review, board of appeals, or other county official
19    has made an error (other than an error of judgment as to
20    the value of any property),
21        (5.5) the owner of the homestead property had tendered
22    timely and full payment to the county collector that the
23    owner reasonably believed was due and owing on the
24    homestead property, and the county collector did not apply
25    the payment to the homestead property; provided that this
26    provision applies only to homeowners, not their agents or

 

 

HB5871- 125 -LRB101 23250 RJF 74399 b

1    third-party payors,
2        (6) prior to the tax sale a voluntary or involuntary
3    petition has been filed by or against the legal or
4    beneficial owner of the property requesting relief under
5    the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13,
6        (7) the property is owned by the United States, the
7    State of Illinois, a municipality, or a taxing district, or
8        (8) the owner of the property is a reservist or
9    guardsperson who is granted an extension of his or her due
10    date under Sections 21-15, 21-20, and 21-25 of this Act.
11    (b) When, upon application of the owner of the certificate
12of purchase only, it appears to the satisfaction of the court
13which ordered the property sold that any of the following
14subsections are applicable, the court shall declare the sale to
15be a sale in error:
16        (1) A voluntary or involuntary petition under the
17    provisions of 11 U.S.C. Chapter 7, 11, 12, or 13 has been
18    filed subsequent to the tax sale and prior to the issuance
19    of the tax deed.
20        (2) The improvements upon the property sold have been
21    substantially destroyed or rendered uninhabitable or
22    otherwise unfit for occupancy subsequent to the tax sale
23    and prior to the issuance of the tax deed; however, if the
24    court declares a sale in error under this paragraph (2),
25    the court may order the holder of the certificate of
26    purchase to assign the certificate to the county collector

 

 

HB5871- 126 -LRB101 23250 RJF 74399 b

1    if requested by the county collector. The county collector
2    may, upon request of the county, as trustee, or upon
3    request of a taxing district having an interest in the
4    taxes sold, further assign any certificate of purchase
5    received pursuant to this paragraph (2) to the county
6    acting as trustee for taxing districts pursuant to Section
7    21-90 of this Code or to the taxing district having an
8    interest in the taxes sold.
9        (3) There is an interest held by the United States in
10    the property sold which could not be extinguished by the
11    tax deed.
12        (4) The real property contains a hazardous substance,
13    hazardous waste, or underground storage tank that would
14    require cleanup or other removal under any federal, State,
15    or local law, ordinance, or regulation, only if the tax
16    purchaser purchased the property without actual knowledge
17    of the hazardous substance, hazardous waste, or
18    underground storage tank. This paragraph (4) applies only
19    if the owner of the certificate of purchase has made
20    application for a sale in error at any time before the
21    issuance of a tax deed. If the court declares a sale in
22    error under this paragraph (4), the court may order the
23    holder of the certificate of purchase to assign the
24    certificate to the county collector if requested by the
25    county collector. The county collector may, upon request of
26    the county, as trustee, or upon request of a taxing

 

 

HB5871- 127 -LRB101 23250 RJF 74399 b

1    district having an interest in the taxes sold, further
2    assign any certificate of purchase received pursuant to
3    this paragraph (4) to the county acting as trustee for
4    taxing districts pursuant to Section 21-90 of this Code or
5    to the taxing district having an interest in the taxes
6    sold.
7    Whenever a court declares a sale in error under this
8subsection (b), the court shall promptly notify the county
9collector in writing. Every such declaration pursuant to any
10provision of this subsection (b) shall be made within the
11proceeding in which the tax sale was authorized.
12    (c) When the county collector discovers, prior to the
13expiration of the period of redemption, that a tax sale should
14not have occurred for one or more of the reasons set forth in
15subdivision (a)(1), (a)(2), (a)(6), or (a)(7) of this Section,
16the county collector shall notify the last known owner of the
17certificate of purchase by certified and regular mail, or other
18means reasonably calculated to provide actual notice, that the
19county collector intends to declare an administrative sale in
20error and of the reasons therefor, including documentation
21sufficient to establish the reason why the sale should not have
22occurred. The owner of the certificate of purchase may object
23in writing within 28 days after the date of the mailing by the
24county collector. If an objection is filed, the county
25collector shall not administratively declare a sale in error,
26but may apply to the circuit court for a sale in error as

 

 

HB5871- 128 -LRB101 23250 RJF 74399 b

1provided in subsection (a) of this Section. Thirty days
2following the receipt of notice by the last known owner of the
3certificate of purchase, or within a reasonable time
4thereafter, the county collector shall make a written
5declaration, based upon clear and convincing evidence, that the
6taxes were sold in error and shall deliver a copy thereof to
7the county clerk within 30 days after the date the declaration
8is made for entry in the tax judgment, sale, redemption, and
9forfeiture record pursuant to subsection (d) of this Section.
10The county collector shall promptly notify the last known owner
11of the certificate of purchase of the declaration by regular
12mail and shall promptly pay the amount of the tax sale,
13together with interest and costs as provided in Section 21-315,
14upon surrender of the original certificate of purchase.
15    (d) If a sale is declared to be a sale in error, the county
16clerk shall make entry in the tax judgment, sale, redemption
17and forfeiture record, that the property was erroneously sold,
18and the county collector shall, on demand of the owner of the
19certificate of purchase, refund the amount paid, except for the
20non-refundable $80 fee paid, pursuant to Section 21-295, for
21each item purchased at the tax sale, pay any interest and costs
22as may be ordered under Sections 21-315 through 21-335, and
23cancel the certificate so far as it relates to the property.
24The county collector shall deduct from the accounts of the
25appropriate taxing bodies their pro rata amounts paid.
26Alternatively, for sales in error declared under subsection

 

 

HB5871- 129 -LRB101 23250 RJF 74399 b

1(b)(2) or (b)(4), the county collector may request the circuit
2court to direct the county clerk to record any assignment of
3the tax certificate to or from the county collector without
4charging a fee for the assignment. The owner of the certificate
5of purchase shall receive all statutory refunds and payments.
6The county collector shall deduct costs and payments in the
7same manner as if a sale in error had occurred.
8(Source: P.A. 100-890, eff. 1-1-19; 101-379, eff. 1-1-20.)
 
9    (35 ILCS 200/21-355)
10    Sec. 21-355. Amount of redemption. Any person desiring to
11redeem shall deposit an amount specified in this Section with
12the county clerk of the county in which the property is
13situated, in legal money of the United States, or by cashier's
14check, certified check, post office money order or money order
15issued by a financial institution insured by an agency or
16instrumentality of the United States, payable to the county
17clerk of the proper county. The deposit shall be deemed timely
18only if actually received in person at the county clerk's
19office prior to the close of business as defined in Section
203-2007 of the Counties Code on or before the expiration of the
21period of redemption or by United States mail with a post
22office cancellation mark dated not less than one day prior to
23the expiration of the period of redemption. The deposit shall
24be in an amount equal to the total of the following:
25        (a) the certificate amount, which shall include all tax

 

 

HB5871- 130 -LRB101 23250 RJF 74399 b

1    principal, special assessments, interest and penalties
2    paid by the tax purchaser together with costs and fees of
3    sale and fees paid under Sections 21-295 and 21-315 through
4    21-335, except for the non-refundable $80 fee paid,
5    pursuant to Section 21-295, for each item purchased at the
6    tax sale;
7        (b) the accrued penalty, computed through the date of
8    redemption as a percentage of the certificate amount, as
9    follows:
10            (1) if the redemption occurs on or before the
11        expiration of 6 months from the date of sale, the
12        certificate amount times the penalty bid at sale;
13            (2) if the redemption occurs after 6 months from
14        the date of sale, and on or before the expiration of 12
15        months from the date of sale, the certificate amount
16        times 2 times the penalty bid at sale;
17            (3) if the redemption occurs after 12 months from
18        the date of sale and on or before the expiration of 18
19        months from the date of sale, the certificate amount
20        times 3 times the penalty bid at sale;
21            (4) if the redemption occurs after 18 months from
22        the date of sale and on or before the expiration of 24
23        months from the date of sale, the certificate amount
24        times 4 times the penalty bid at sale;
25            (5) if the redemption occurs after 24 months from
26        the date of sale and on or before the expiration of 30

 

 

HB5871- 131 -LRB101 23250 RJF 74399 b

1        months from the date of sale, the certificate amount
2        times 5 times the penalty bid at sale;
3            (6) if the redemption occurs after 30 months from
4        the date of sale and on or before the expiration of 36
5        months from the date of sale, the certificate amount
6        times 6 times the penalty bid at sale.
7            In the event that the property to be redeemed has
8        been purchased under Section 21-405, the penalty bid
9        shall be 12% per penalty period as set forth in
10        subparagraphs (1) through (6) of this subsection (b).
11        The changes to this subdivision (b)(6) made by this
12        amendatory Act of the 91st General Assembly are not a
13        new enactment, but declaratory of existing law.
14        (c) The total of all taxes, special assessments,
15    accrued interest on those taxes and special assessments and
16    costs charged in connection with the payment of those taxes
17    or special assessments, except for the non-refundable $80
18    fee paid, pursuant to Section 21-295, for each item
19    purchased at the tax sale, which have been paid by the tax
20    certificate holder on or after the date those taxes or
21    special assessments became delinquent together with 12%
22    penalty on each amount so paid for each year or portion
23    thereof intervening between the date of that payment and
24    the date of redemption. In counties with less than
25    3,000,000 inhabitants, however, a tax certificate holder
26    may not pay all or part of an installment of a subsequent

 

 

HB5871- 132 -LRB101 23250 RJF 74399 b

1    tax or special assessment for any year, nor shall any
2    tender of such a payment be accepted, until after the
3    second or final installment of the subsequent tax or
4    special assessment has become delinquent or until after the
5    holder of the certificate of purchase has filed a petition
6    for a tax deed under Section 22.30. The person redeeming
7    shall also pay the amount of interest charged on the
8    subsequent tax or special assessment and paid as a penalty
9    by the tax certificate holder. This amendatory Act of 1995
10    applies to tax years beginning with the 1995 taxes, payable
11    in 1996, and thereafter.
12        (d) Any amount paid to redeem a forfeiture occurring
13    subsequent to the tax sale together with 12% penalty
14    thereon for each year or portion thereof intervening
15    between the date of the forfeiture redemption and the date
16    of redemption from the sale.
17        (e) Any amount paid by the certificate holder for
18    redemption of a subsequently occurring tax sale.
19        (f) All fees paid to the county clerk under Section
20    22-5.
21        (g) All fees paid to the registrar of titles incident
22    to registering the tax certificate in compliance with the
23    Registered Titles (Torrens) Act.
24        (h) All fees paid to the circuit clerk and the sheriff,
25    a licensed or registered private detective, or the coroner
26    in connection with the filing of the petition for tax deed

 

 

HB5871- 133 -LRB101 23250 RJF 74399 b

1    and service of notices under Sections 22-15 through 22-30
2    and 22-40 in addition to (1) a fee of $35 if a petition for
3    tax deed has been filed, which fee shall be posted to the
4    tax judgement, sale, redemption, and forfeiture record, to
5    be paid to the purchaser or his or her assignee; (2) a fee
6    of $4 if a notice under Section 22-5 has been filed, which
7    fee shall be posted to the tax judgment, sale, redemption,
8    and forfeiture record, to be paid to the purchaser or his
9    or her assignee; (3) all costs paid to record a lis pendens
10    notice in connection with filing a petition under this
11    Code; and (4) if a petition for tax deed has been filed,
12    all fees up to $150 per redemption paid to a registered or
13    licensed title insurance company or title insurance agent
14    for a title search to identify all owners, parties
15    interested, and occupants of the property, to be paid to
16    the purchaser or his or her assignee. The fees in (1) and
17    (2) of this paragraph (h) shall be exempt from the posting
18    requirements of Section 21-360. The costs incurred in
19    causing notices to be served by a licensed or registered
20    private detective under Section 22-15, may not exceed the
21    amount that the sheriff would be authorized by law to
22    charge if those notices had been served by the sheriff.
23        (i) All fees paid for publication of notice of the tax
24    sale in accordance with Section 22-20.
25        (j) All sums paid to any county, city, village or
26    incorporated town for reimbursement under Section 22-35.

 

 

HB5871- 134 -LRB101 23250 RJF 74399 b

1        (k) All costs and expenses of receivership under
2    Section 21-410, to the extent that these costs and expenses
3    exceed any income from the property in question, if the
4    costs and expenditures have been approved by the court
5    appointing the receiver and a certified copy of the order
6    or approval is filed and posted by the certificate holder
7    with the county clerk. Only actual costs expended may be
8    posted on the tax judgment, sale, redemption and forfeiture
9    record.
10(Source: P.A. 98-1162, eff. 6-1-15.)
 
11
Article 90.

 
12    Section 90-5. The Housing Authorities Act is amended by
13changing Sections 8.23, 17, and 25 and by adding Sections
148.10a, 25.01, and 25.02 as follows:
 
15    (310 ILCS 10/8.10a new)
16    Sec. 8.10a. Criminal history record data.
17    (a) Every Authority organized under the provisions of this
18Act shall collect the following:
19        (1) the number of applications submitted for admission
20    to federally assisted housing;
21        (2) the number of applications submitted for admission
22    to federally assisted housing by individuals with a
23    criminal history record, if the Authority is conducting

 

 

HB5871- 135 -LRB101 23250 RJF 74399 b

1    criminal history records checks of applicants or other
2    household members;
3        (3) the number of applications for admission to
4    federally assisted housing that were denied on the basis of
5    a criminal history record, if the Authority is conducting
6    criminal history records checks of applicants or other
7    household members;
8        (4) the number of criminal records assessment hearings
9    requested by applicants for housing who were denied
10    federally assisted housing on the basis of a criminal
11    history records check; and
12        (5) the number of denials for federally assisted
13    housing that were overturned after a criminal records
14    assessment hearing.
15    (b) The information required in this Section shall be
16disaggregated by the race, ethnicity, and sex of applicants for
17housing. This information shall be reported to the Illinois
18Criminal Justice Information Authority and shall be compiled
19and reported to the General Assembly annually by the Illinois
20Criminal Justice Information Authority. The Illinois Criminal
21Justice Information Authority shall also make this report
22publicly available, including on its website, without fee.
 
23    (310 ILCS 10/8.23)
24    Sec. 8.23. Notification to leaseholders of the prospective
25presence of individuals with a felony conviction felons in

 

 

HB5871- 136 -LRB101 23250 RJF 74399 b

1housing authority facilities; eviction.
2    (a) Immediately upon the receipt of the written
3notification, from the Department of Corrections under
4subsection (c) of Section 3-14-1 of the Unified Code of
5Corrections, that an individual with a felony conviction a
6felon intends to reside, upon release from custody, at an
7address that is a housing facility owned, managed, operated, or
8leased by the Authority, the Authority must provide written
9notification to the leaseholder residing at that address.
10    (b) The Authority may not evict the leaseholder described
11in subsection (a) of this Section unless (i) federal law
12prohibits the individual with a felony conviction from residing
13at a housing facility owned, managed, operated, or leased by
14the Authority and (ii) the Authority proves by a preponderance
15of the evidence that the leaseholder had knowledge of and
16consents to the individual's felon's intent to reside at the
17leaseholder's address.
18(Source: P.A. 91-506, eff. 8-13-99.)
 
19    (310 ILCS 10/17)  (from Ch. 67 1/2, par. 17)
20    Sec. 17. Definitions. The following terms, wherever used or
21referred to in this Act shall have the following respective
22meanings, unless in any case a different meaning clearly
23appears from the context:
24    (a) "Authority" or "housing authority" shall mean a
25municipal corporation organized in accordance with the

 

 

HB5871- 137 -LRB101 23250 RJF 74399 b

1provisions of this Act for the purposes, with the powers and
2subject to the restrictions herein set forth.
3    (b) "Area" or "area of operation" shall mean: (1) in the
4case of an authority which is created hereunder for a city,
5village, or incorporated town, the area within the territorial
6boundaries of said city, village, or incorporated town, and so
7long as no county housing authority has jurisdiction therein,
8the area within three miles from such territorial boundaries,
9except any part of such area located within the territorial
10boundaries of any other city, village, or incorporated town;
11and (2) in the case of a county shall include all of the county
12except the area of any city, village or incorporated town
13located therein in which there is an Authority. When an
14authority is created for a county subsequent to the creation of
15an authority for a city, village or incorporated town within
16the same county, the area of operation of the authority for
17such city, village or incorporated town shall thereafter be
18limited to the territory of such city, village or incorporated
19town, but the authority for such city, village or incorporated
20town may continue to operate any project developed in whole or
21in part in an area previously a part of its area of operation,
22or may contract with the county housing authority with respect
23to the sale, lease, development or administration of such
24project. When an authority is created for a city, village or
25incorporated town subsequent to the creation of a county
26housing authority which previously included such city, village

 

 

HB5871- 138 -LRB101 23250 RJF 74399 b

1or incorporated town within its area of operation, such county
2housing authority shall have no power to create any additional
3project within the city, village or incorporated town, but any
4existing project in the city, village or incorporated town
5currently owned and operated by the county housing authority
6shall remain in the ownership, operation, custody and control
7of the county housing authority.
8    (b-5) "Criminal history record" means a record of arrest,
9complaint, indictment, or any disposition arising therefrom.
10    (b-6) "Criminal history report" means any written, oral, or
11other communication of information that includes criminal
12history record information about a natural person that is
13produced by a law enforcement agency, a court, a consumer
14reporting agency, or a housing screening agency or business.
15    (c) "Presiding officer" shall mean the presiding officer of
16the board of a county, or the mayor or president of a city,
17village or incorporated town, as the case may be, for which an
18Authority is created hereunder.
19    (d) "Commissioner" shall mean one of the members of an
20Authority appointed in accordance with the provisions of this
21Act.
22    (e) "Government" shall include the State and Federal
23governments and the governments of any subdivisions, agency or
24instrumentality, corporate or otherwise, of either of them.
25    (f) "Department" shall mean the Department of Commerce and
26Economic Opportunity.

 

 

HB5871- 139 -LRB101 23250 RJF 74399 b

1    (g) "Project" shall include all lands, buildings, and
2improvements, acquired, owned, leased, managed or operated by a
3housing authority, and all buildings and improvements
4constructed, reconstructed or repaired by a housing authority,
5designed to provide housing accommodations and facilities
6appurtenant thereto (including community facilities and
7stores) which are planned as a unit, whether or not acquired or
8constructed at one time even though all or a portion of the
9buildings are not contiguous or adjacent to one another; and
10the planning of buildings and improvements, the acquisition of
11property, the demolition of existing structures, the clearing
12of land, the construction, reconstruction, and repair of
13buildings or improvements and all other work in connection
14therewith. As provided in Sections 8.14 to 8.18, inclusive,
15"project" also means, for Housing Authorities for
16municipalities of less than 500,000 population and for
17counties, the conservation of urban areas in accordance with an
18approved conservation plan. "Project" shall also include (1)
19acquisition of (i) a slum or blighted area or a deteriorated or
20deteriorating area which is predominantly residential in
21character, or (ii) any other deteriorated or deteriorating area
22which is to be developed or redeveloped for predominantly
23residential uses, or (iii) platted urban or suburban land which
24is predominantly open and which because of obsolete platting,
25diversity of ownership, deterioration of structures or of site
26improvements, or otherwise substantially impairs or arrests

 

 

HB5871- 140 -LRB101 23250 RJF 74399 b

1the sound growth of the community and which is to be developed
2for predominantly residential uses, or (iv) open unplatted
3urban or suburban land necessary for sound community growth
4which is to be developed for predominantly residential uses, or
5(v) any other area where parcels of land remain undeveloped
6because of improper platting, delinquent taxes or special
7assessments, scattered or uncertain ownerships, clouds on
8title, artificial values due to excessive utility costs, or any
9other impediments to the use of such area for predominantly
10residential uses; (2) installation, construction, or
11reconstruction of streets, utilities, and other site
12improvements essential to the preparation of sites for uses in
13accordance with the development or redevelopment plan; and (3)
14making the land available for development or redevelopment by
15private enterprise or public agencies (including sale, initial
16leasing, or retention by the local public agency itself). If in
17any city, village or incorporated town there exists a land
18clearance commission created under the "Blighted Areas
19Redevelopment Act of 1947" having the same area of operation as
20a housing authority created in and for any such municipality
21such housing authority shall have no power to acquire land of
22the character described in subparagraph (iii), (iv) or (v) of
23paragraph 1 of the definition of "project" for the purpose of
24development or redevelopment by private enterprise.
25    (h) "Community facilities" shall include lands, buildings,
26and equipment for recreation or social assembly, for education,

 

 

HB5871- 141 -LRB101 23250 RJF 74399 b

1health or welfare activities and other necessary utilities
2primarily for use and benefit of the occupants of housing
3accommodations to be constructed, reconstructed, repaired or
4operated hereunder.
5    (i) "Real property" shall include lands, lands under water,
6structures, and any and all easements, franchises and
7incorporeal hereditaments and estates, and rights, legal and
8equitable, including terms for years and liens by way of
9judgment, mortgage or otherwise.
10    (j) The term "governing body" shall include the city
11council of any city, the president and board of trustees of any
12village or incorporated town, the council of any city or
13village, and the county board of any county.
14    (k) The phrase "individual, association, corporation or
15organization" shall include any individual, private
16corporation, limited or general partnership, limited liability
17company, insurance company, housing corporation, neighborhood
18redevelopment corporation, non-profit corporation,
19incorporated or unincorporated group or association,
20educational institution, hospital, or charitable organization,
21and any mutual ownership or cooperative organization.
22    (l) "Conservation area", for the purpose of the exercise of
23the powers granted in Sections 8.14 to 8.18, inclusive, for
24housing authorities for municipalities of less than 500,000
25population and for counties, means an area of not less than 2
26acres in which the structures in 50% or more of the area are

 

 

HB5871- 142 -LRB101 23250 RJF 74399 b

1residential having an average age of 35 years or more. Such an
2area is not yet a slum or blighted area as defined in the
3Blighted Areas Redevelopment Act of 1947, but such an area by
4reason of dilapidation, obsolescence, deterioration or illegal
5use of individual structures, overcrowding of structures and
6community facilities, conversion of residential units into
7non-residential use, deleterious land use or layout, decline of
8physical maintenance, lack of community planning, or any
9combination of these factors may become a slum and blighted
10area.
11    (m) "Conservation plan" means the comprehensive program
12for the physical development and replanning of a "Conservation
13Area" as defined in paragraph (l) embodying the steps required
14to prevent such Conservation Area from becoming a slum and
15blighted area.
16    (n) "Fair use value" means the fair cash market value of
17real property when employed for the use contemplated by a
18"Conservation Plan" in municipalities of less than 500,000
19population and in counties.
20    (o) "Community facilities" means, in relation to a
21"Conservation Plan", those physical plants which implement,
22support and facilitate the activities, services and interests
23of education, recreation, shopping, health, welfare, religion
24and general culture.
25    (p) "Loan agreement" means any agreement pursuant to which
26an Authority agrees to loan the proceeds of its revenue bonds

 

 

HB5871- 143 -LRB101 23250 RJF 74399 b

1issued with respect to a multifamily rental housing project or
2other funds of the Authority to any person upon terms providing
3for loan repayment installments at least sufficient to pay when
4due all principal of, premium, if any, and interest on the
5revenue bonds of the Authority issued with respect to the
6multifamily rental housing project, and providing for
7maintenance, insurance, and other matters as may be deemed
8desirable by the Authority.
9    (q) "Multifamily rental housing" means any rental project
10designed for mixed-income or low-income occupancy.
11(Source: P.A. 94-793, eff. 5-19-06; 95-887, eff. 8-22-08.)
 
12    (310 ILCS 10/25)   (from Ch. 67 1/2, par. 25)
13    Sec. 25. Rentals and tenant selection. In the operation or
14management of housing projects an Authority shall at all times
15observe the following duties with respect to rentals and tenant
16selection:
17    (a) It shall not accept any person as a tenant in any
18dwelling in a housing project if the persons who would occupy
19the dwelling have an aggregate annual income which equals or
20exceeds the amount which the Authority determines (which
21determination shall be conclusive) to be necessary in order to
22enable such persons to secure safe, sanitary and uncongested
23dwelling accommodations within the area of operation of the
24Authority and to provide an adequate standard of living for
25themselves.

 

 

HB5871- 144 -LRB101 23250 RJF 74399 b

1    (b) It may rent or lease the dwelling accommodations
2therein only at rentals within the financial reach of persons
3who lack the amount of income which it determines (pursuant to
4(a) of this Section) to be necessary in order to obtain safe,
5sanitary and uncongested dwelling accommodations within the
6area of operation of the Authority and to provide an adequate
7standard of living.
8    (c) It may rent or lease to a tenant a dwelling consisting
9of the number of rooms (but no greater number) which it deems
10necessary to provide safe and sanitary accommodations to the
11proposed occupants thereof, without overcrowding.
12    (d) It shall not change the residency preference of any
13prospective tenant once the application has been accepted by
14the authority.
15    (e) It may refuse to certify or recertify applicants,
16current tenants, or other household members if, after due
17notice and an impartial hearing, that person or any of the
18proposed occupants of the dwelling has, prior to or during a
19term of tenancy or occupancy in any housing project operated by
20an Authority, been convicted of a criminal offense relating to
21the sale or distribution of controlled substances under the
22laws of this State, the United States or any other state. If an
23Authority desires a criminal history records check of all 50
24states or a 50-state confirmation of a conviction record, the
25Authority shall submit the fingerprints of the relevant
26applicant, tenant, or other household member to the Department

 

 

HB5871- 145 -LRB101 23250 RJF 74399 b

1of State Police in a manner prescribed by the Department of
2State Police. These fingerprints shall be checked against the
3fingerprint records now and hereafter filed in the Department
4of State Police and Federal Bureau of Investigation criminal
5history records databases. The Department of State Police shall
6charge a fee for conducting the criminal history records check,
7which shall be deposited in the State Police Services Fund and
8shall not exceed the actual cost of the records check. The
9Department of State Police shall furnish pursuant to positive
10identification, records of conviction to the Authority. An
11Authority that requests a criminal history report of an
12applicant or other household member shall inform the applicant
13at the time of the request that the applicant or other
14household member may provide additional mitigating information
15for consideration with the application for housing.
16    (e-5) Criminal history record assessment. The Authority
17shall use the following process when evaluating the criminal
18history report of an applicant or other household member to
19determine whether to rent or lease to the applicant:
20        (1) Unless required by federal law, the Authority shall
21    not consider the following information when determining
22    whether to rent or lease to an applicant for housing:
23            (A) an arrest or detention;
24            (B) criminal charges or indictments, and the
25        nature of any disposition arising therefrom, that do
26        not result in a conviction;

 

 

HB5871- 146 -LRB101 23250 RJF 74399 b

1            (C) a conviction that has been vacated, ordered,
2        expunged, sealed, or impounded by a court;
3            (D) matters under the jurisdiction of the Illinois
4        Juvenile Court;
5            (E) the amount of time since the applicant or other
6        household member completed his or her sentence in
7        prison or jail or was released from prison or jail; or
8            (F) convictions occurring more than 180 days prior
9        to the date the applicant submitted his or her
10        application for housing.
11        (2) The Authority shall create a system for the
12    independent review of criminal history reports:
13            (A) the reviewer shall examine the applicant's or
14        other household member's criminal history report and
15        report only those records not prohibited under
16        paragraph (1) to the person or persons making the
17        decision about whether to offer housing to the
18        applicant; and
19            (B) the reviewer shall not participate in any final
20        decisions on an applicant's application for housing.
21        (3) The Authority may deny an applicant's application
22    for housing because of the applicant's or another household
23    member's criminal history record, only if the Authority:
24            (A) determines that the denial is required under
25        federal law; or
26            (B) determines that there is a direct relationship

 

 

HB5871- 147 -LRB101 23250 RJF 74399 b

1        between the applicant or the other household member's
2        criminal history record and a risk to the health,
3        safety, and peaceful enjoyment of fellow tenants. The
4        mere existence of a criminal history record does not
5        demonstrate such a risk.
6    (f) It may, if a tenant has created or maintained a threat
7constituting a serious and clear danger to the health or safety
8of other tenants or Authority employees, after 3 days' written
9notice of termination and without a hearing, file suit against
10any such tenant for recovery of possession of the premises. The
11tenant shall be given the opportunity to contest the
12termination in the court proceedings. A serious and clear
13danger to the health or safety of other tenants or Authority
14employees shall include, but not be limited to, any of the
15following activities of the tenant or of any other person on
16the premises with the consent of the tenant:
17        (1) Physical assault or the threat of physical assault.
18        (2) Illegal use of a firearm or other weapon or the
19    threat to use in an illegal manner a firearm or other
20    weapon.
21        (3) Possession of a controlled substance by the tenant
22    or any other person on the premises with the consent of the
23    tenant if the tenant knew or should have known of the
24    possession by the other person of a controlled substance,
25    unless the controlled substance was obtained directly from
26    or pursuant to a valid prescription.

 

 

HB5871- 148 -LRB101 23250 RJF 74399 b

1        (4) Streetgang membership as defined in the Illinois
2    Streetgang Terrorism Omnibus Prevention Act.
3    The management of low-rent public housing projects
4financed and developed under the U.S. Housing Act of 1937 shall
5be in accordance with that Act.
6    Nothing contained in this Section or any other Section of
7this Act shall be construed as limiting the power of an
8Authority to vest in a bondholder or trustee the right, in the
9event of a default by the Authority, to take possession and
10operate a housing project or cause the appointment of a
11receiver thereof, free from all restrictions imposed by this
12Section or any other Section of this Act.
13(Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
 
14    (310 ILCS 10/25.01 new)
15    Sec. 25.01. Notification. Before denying an applicant's
16housing application based, in whole or in part, on a criminal
17history record permitted under this Act, the Authority shall
18provide the opportunity for an individual assessment. The
19applicant for housing shall be provided with a clear, written
20notice that:
21        (1) explains why the Authority has determined that the
22    criminal history report it obtained requires further
23    review, including detailed information on whether the need
24    for further review is based on federal law or on the
25    Authority's determination that the criminal history record

 

 

HB5871- 149 -LRB101 23250 RJF 74399 b

1    of the applicant or other household member indicates a risk
2    to the health, safety, or peaceful enjoyment of housing for
3    other residents;
4        (2) identifies the specific conviction or convictions
5    upon which the Authority relied upon when making its
6    decision to deny the applicant's housing application;
7        (3) explains that the applicant has a right to an
8    individualized criminal records assessment hearing
9    regarding the Authority's decision to deny the applicant's
10    housing application, as set forth in Section 25.02;
11        (4) provides clear instructions on what to expect
12    during an individualized criminal records assessment
13    hearing, as set forth in Section 25.02;
14        (5) explains that if the applicant chooses not to
15    participate in an individualized criminal records
16    assessment hearing, the applicant's application will be
17    denied; and
18        (6) provides a copy of the criminal history report the
19    Authority used to make its determination.
 
20    (310 ILCS 10/25.02 new)
21    Sec. 25.02. Criminal records assessment hearing.
22    (a) An applicant has the right to an individualized
23criminal records assessment hearing if the applicant's
24application for housing requires further review because of the
25applicant's or another household member's criminal history

 

 

HB5871- 150 -LRB101 23250 RJF 74399 b

1record. The individualized criminal records assessment hearing
2shall allow the applicant or other household member to:
3        (1) contest the accuracy of the criminal history
4    record;
5        (2) contest the relevance of the criminal history
6    record to the Authority's decision to deny the applicant's
7    application for housing; and
8        (3) provide mitigating evidence concerning the
9    applicant's or other household member's criminal
10    conviction or evidence of rehabilitation.
11    (b) The Authority shall not rent or lease to any other
12person the available housing unit that is the subject of the
13applicant's individualized criminal records assessment hearing
14until after the Authority has issued a final ruling.
15    (c) The Authority shall adopt rules for criminal records
16assessment hearings in accordance with Article 10 of the
17Illinois Administrative Procedure Act.
 
18
Article 95.

 
19    Section 95-5. The Department of Central Management
20Services Law of the Civil Administrative Code of Illinois is
21amended by adding Section 405-535 as follows:
 
22    (20 ILCS 405/405-535 new)
23    Sec. 405-535. Race and gender wage reports.

 

 

HB5871- 151 -LRB101 23250 RJF 74399 b

1    (a) Each State agency and public institution of higher
2education shall annually submit to the Department a report,
3categorized by both race and gender, specifying the respective
4wage earnings of employees of that State agency or public
5institution of higher education.
6    (b) The Department shall compile the information submitted
7under this Section, and make that information available to the
8public on the Internet website of the Department.
9    (c) The Department shall annually submit a report of the
10information compiled under this Section to the Governor, the
11General Assembly, and the Business Enterprise Council for
12Minorities, Women, and Persons with Disabilities.
13    (d) As used in this Section:
14    "Public institution of higher education" has the meaning
15provided in Section 1 of the Board of Higher Education Act.
16    "State agency" has the meaning provided in subsection (b)
17of Section 405-5.
 
18    Section 95-10. The Business Enterprise for Minorities,
19Women, and Persons with Disabilities Act is amended by adding
20Section 8k as follows:
 
21    (30 ILCS 575/8k new)
22    Sec. 8k. Race and gender wage report. The Department of
23Central Management Services shall annually submit a report to
24the Council, categorized by both race and gender, specifying

 

 

HB5871- 152 -LRB101 23250 RJF 74399 b

1the respective wage earnings of State employees as compiled
2under Section 405-535 of the Department of Central Management
3Law of the Civil Administrative Code of Illinois.
 
4
Article 100.

 
5    Section 100-1. Short title. This Act may be cited as the
6Community Development Loan Guarantee Act.
 
7    Section 100-5. Policy. The General Assembly finds that it
8is vital for the State to invest in community economic
9development, particularly in communities which have been
10historically excluded from investment opportunities due to
11redlining, discriminatory banking practices, and racism. The
12purpose of this Act is to establish a Program for guaranteeing
13small business loans and consumer loans to borrowers who would
14otherwise not qualify in communities of color and low-income
15communities.
 
16    Section 100-10. Definitions. As used in this Act:
17    "Financial institution" means a bank, a savings and loan
18association, a savings bank, a credit union, a minority
19depository institution as designated by the Federal Deposit
20Insurance Corporation, or a community development financial
21institution certified by the United States Treasury Community
22Development Financial Institutions Fund, which is operating in

 

 

HB5871- 153 -LRB101 23250 RJF 74399 b

1the State of Illinois.
2    "Loan Guarantee Account" means an account at a financial
3institution outside the State Treasury of which the State
4Treasurer is custodian with the purpose of guaranteeing loans
5made by a financial institution in accordance with this Act.
 
6    Section 100-15. Establishment of the Loan Guarantee
7Program. The State Treasurer may establish at any eligible
8financial institution a Loan Guarantee Account as a special
9account outside the State treasury and with the State Treasurer
10as custodian. This Account may be used to cover the losses on
11guaranteed loans at the participating financial institution.
 
12    Section 100-20. Eligible institutions. The State Treasurer
13shall determine the eligibility of financial institutions to
14participate in the Program. In addition to any other
15requirements of this Act and in accordance with any applicable
16federal law or program, the State Treasurer in determining
17eligibility of financial institutions shall consider (i) the
18financial institution's commitment to low-income communities
19as defined in Section 45D(e) of the Internal Revenue Code of
201986 codified at 26 U.S.C. 45D(e), and (ii) the financial
21institution's commitment to communities considered
22disproportionately impacted areas, depressed areas, or
23enterprise zones as determined, designated, or certified by the
24Department of Commerce and Economic Opportunity in accordance

 

 

HB5871- 154 -LRB101 23250 RJF 74399 b

1with any applicable federal law or program.
 
2    Section 100-25. Fees. The State Treasurer may establish, as
3a component of the Program, fees of no more than 5% of the
4total guaranteed loan amount. The fees shall be deposited into
5the Loan Guarantee Account.
 
6    Section 100-30. Use of the Loan Guarantee Account.
7    (a) Moneys in the Account may be used by the participating
8financial institution to cover losses on guaranteed loans up to
9the full amount in the Account or the amount of loss, whichever
10is lesser. The State of Illinois and the State Treasurer shall
11not be responsible for any losses in excess of the full amount
12in the Loan Guarantee Account at the financial institution.
13    (b) The State Treasurer may set a cap on the total funds
14held in any Loan Guarantee Account at any participating
15financial institution. Funds in excess of the cap may be
16withdrawn by the Treasurer.
17    (c) The State Treasurer shall withdraw the full amount in
18the Account in the event the Loan Guarantee Program is
19discontinued, or the financial institution leaves the Program.
 
20    Section 100-35. Limitations on Funding. The State
21Treasurer may use up to $10,000,000 of investment earnings each
22year for the Loan Guarantee Program, provided that no more than
23$50,000,000 may be used for guaranteeing loans at any given

 

 

HB5871- 155 -LRB101 23250 RJF 74399 b

1time.
 
2    Section 100-40. Rules. The State Treasurer shall adopt
3rules that are necessary and proper to implement and administer
4this Act including, but not limited to, fees and eligibility.
 
5
Article 110.

 
6    Section 110-5. The Deposit of State Moneys Act is amended
7by changing Section 16.3 as follows:
 
8    (15 ILCS 520/16.3)
9    Sec. 16.3. Consideration of financial institution's
10commitment to its community.
11    (a) In addition to any other requirements of this Act, the
12State Treasurer shall is authorized to consider the financial
13institution's record and current level of financial commitment
14to its local community when deciding whether to deposit State
15funds in that financial institution. The State Treasurer may
16consider factors including, but not necessarily limited to:
17        (1) for financial institutions subject to the federal
18    Community Reinvestment Act of 1977, the current and
19    historical ratings that the financial institution has
20    received, to the extent that those ratings are publicly
21    available, under the federal Community Reinvestment Act of
22    1977;

 

 

HB5871- 156 -LRB101 23250 RJF 74399 b

1        (2) any changes in ownership, management, policies, or
2    practices of the financial institution that may affect the
3    level of the financial institution's commitment to its
4    community;
5        (3) the financial impact that the withdrawal or denial
6    of deposits of State funds might have on the financial
7    institution; and
8        (4) the financial impact to the State as a result of
9    withdrawing State funds or refusing to deposit additional
10    State funds in the financial institution; .
11        (5) the financial institution's commitment to
12    low-income communities, as defined in Section 45D(e) of the
13    Internal Revenue Code of 1986 codified at 26 U.S.C.
14    45D(e); and
15        (6) the financial institution's commitment to
16    communities considered disproportionately impacted areas,
17    depressed areas, or enterprise zones as determined,
18    designated, or certified by the Department of Commerce and
19    Economic Opportunity in accordance with any applicable
20    federal law or program.
21    (a-5) Effective January 1, 2022, no State funds may be
22deposited in a financial institution subject to the federal
23Community Reinvestment Act of 1977, unless the institution has
24a current rating of satisfactory or outstanding under the
25federal Community Reinvestment Act of 1977.
26    (b) Nothing in this Section shall be construed as

 

 

HB5871- 157 -LRB101 23250 RJF 74399 b

1authorizing the State Treasurer to conduct an examination or
2investigation of a financial institution or to receive
3information that is not publicly available and the disclosure
4of which is otherwise prohibited by law.
5(Source: P.A. 93-251, eff. 7-1-04.)
 
6    Section 110-10. The Public Funds Investment Act is amended
7by changing Section 8 as follows:
 
8    (30 ILCS 235/8)
9    Sec. 8. Consideration of financial institution's
10commitment to its community.
11    (a) In addition to any other requirements of this Act, a
12public agency shall is authorized to consider the financial
13institution's record and current level of financial commitment
14to its local community when deciding whether to deposit public
15funds in that financial institution. The public agency may
16consider factors including, but not necessarily limited to:
17        (1) for financial institutions subject to the federal
18    Community Reinvestment Act of 1977, the current and
19    historical ratings that the financial institution has
20    received, to the extent that those ratings are publicly
21    available, under the federal Community Reinvestment Act of
22    1977;
23        (2) any changes in ownership, management, policies, or
24    practices of the financial institution that may affect the

 

 

HB5871- 158 -LRB101 23250 RJF 74399 b

1    level of the financial institution's commitment to its
2    community;
3        (3) the financial impact that the withdrawal or denial
4    of deposits of public funds might have on the financial
5    institution;
6        (4) the financial impact to the public agency as a
7    result of withdrawing public funds or refusing to deposit
8    additional public funds in the financial institution; and
9        (5) any additional burden on the resources of the
10    public agency that might result from ceasing to maintain
11    deposits of public funds at the financial institution under
12    consideration.
13    (a-5) Effective January 1, 2022, no public funds may be
14deposited in a financial institution subject to the federal
15Community Reinvestment Act of 1977, unless the institution has
16a current rating of satisfactory or outstanding under the
17federal Community Reinvestment Act of 1977.
18    (b) Nothing in this Section shall be construed as
19authorizing the public agency to conduct an examination or
20investigation of a financial institution or to receive
21information that is not publicly available and the disclosure
22of which is otherwise prohibited by law.
23(Source: P.A. 93-251, eff. 7-1-04.)
 
24
Article 115.

 

 

 

HB5871- 159 -LRB101 23250 RJF 74399 b

1    Section 115-1. Short title. This Act may be cited as the
2Commission on Equity and Inclusion Act.
 
3    Section 115-5. Commission on Equity and Inclusion.
4    (a) There is hereby created the Commission on Equity and
5Inclusion, which shall consist of 7 members appointed by the
6Governor with the advice and consent of the Senate. No more
7than 4 members shall be of the same political party. The
8Governor shall designate one member as chairperson, who shall
9be the chief administrative and executive officer of the
10Commission, and shall have general supervisory authority over
11all personnel of the Commission.
12    (b) Of the members first appointed, 4 shall be appointed
13for a term to expire on the third Monday of January, 2023, and
143 (including the Chairperson) shall be appointed for a term to
15expire on the third Monday of January, 2025.
16    Thereafter, each member shall serve for a term of 4 years
17and until his or her successor is appointed and qualified;
18except that any member chosen to fill a vacancy occurring
19otherwise than by expiration of a term shall be appointed only
20for the unexpired term of the member whom he or she shall
21succeed and until his or her successor is appointed and
22qualified.
23    (c) In case of a vacancy on the Commission during the
24recess of the Senate, the Governor shall make a temporary
25appointment until the next meeting of the Senate, when he or

 

 

HB5871- 160 -LRB101 23250 RJF 74399 b

1she shall appoint a person to fill the vacancy. Any person so
2nominated who is confirmed by the Senate shall hold office
3during the remainder of the term and until his or her successor
4is appointed and qualified. Vacancies in the Commission shall
5not impair the right of the remaining members to exercise all
6the powers of the Commission.
7    (d) The Chairperson of the Commission shall be compensated
8at the rate of $128,000 per year, or as otherwise set by this
9Section, during his or her service as Chairperson, and each
10other member shall be compensated at the rate of $121,856 per
11year, or as otherwise set by this Section. In addition, all
12members of the Commission shall be reimbursed for expenses
13actually and necessarily incurred by them in the performance of
14their duties. Members of the Commission are eligible to receive
15pension under the State Employees' Retirement System of
16Illinois as provided under Article 14 of the Illinois Pension
17Code.
18    (e) The budget established for the Commission for any given
19fiscal year shall be no less than that established for the
20Human Rights Commission for that same fiscal year.
 
21    Section 115-10. Powers and duties. In addition to the other
22powers and duties which may be prescribed in this Act or
23elsewhere, the Commission shall have the following powers and
24duties:
25        (1) The Commission shall have a role in all State and

 

 

HB5871- 161 -LRB101 23250 RJF 74399 b

1    university procurement by facilitating and streamlining
2    communications between the Business Enterprise Council for
3    Minorities, Women, and Persons with Disabilities, the
4    purchasing entities, the Chief Procurement Officers, and
5    others.
6        (2) The Commission may create a scoring evaluation for
7    State agency directors, public university presidents and
8    chancellors, and public community college presidents. The
9    scoring shall be based on the following 3 principles: (i)
10    increasing capacity; (ii) growing revenue; and (iii)
11    enhancing credentials. These principles should be the
12    foundation of the agency compliance plan required under
13    Section 6 of the Business Enterprise for Minorities, Women,
14    and Persons with Disabilities Act.
15        (3) The Commission shall jointly appoint, with the
16    Executive Ethics Commission, all Chief Procurement
17    Officers as provided under Section 1-15.15 of the Illinois
18    Procurement Code.
19        (4) The Commission shall exercise the oversight powers
20    and duties provided to it under Section 5-7 of the Illinois
21    Procurement Code.
22        (5) The Commission, working with State agencies, shall
23    provide support for diversity in State hiring.
24        (6) The Commission shall oversee the implementation of
25    diversity training of the State workforce.
26        (7) Each January, and as otherwise frequently as may be

 

 

HB5871- 162 -LRB101 23250 RJF 74399 b

1    deemed necessary and appropriate by the Commission, the
2    Commission shall propose and submit to the Governor and the
3    General Assembly legislative changes to increase inclusion
4    and diversity in State government.
5        (8) The Commission shall have oversight over the
6    following entities:
7            (A) the Illinois African-American Family
8        Commission;
9            (B) the Illinois Latino Family Commission;
10            (C) the Asian American Family Commission;
11            (D) the Illinois Muslim American Advisory Council;
12            (E) the Illinois African-American Fair Contracting
13        Commission created under Executive Order 2018-07; and
14            (F) the Business Enterprise Council for
15        Minorities, Women, and Persons with Disabilities.
16        (9) The Commission shall adopt any rules necessary for
17    the implementation and administration of the requirements
18    of this Act.
 
19    Section 115-100. The Department of Transportation Law of
20the Civil Administrative Code of Illinois is amended by adding
21Section 2705-597 as follows:
 
22    (20 ILCS 2705/2705-597 new)
23    Sec. 2705-597. Equal Employment Opportunity Contract
24Compliance Officers. Notwithstanding any Department policy or

 

 

HB5871- 163 -LRB101 23250 RJF 74399 b

1rule to the contrary, the Secretary shall have jurisdiction
2over all Equal Employment Opportunity Contract Compliance
3Officers within the Department, or within districts controlled
4by the Department, and shall be responsible for the evaluation
5of such officers.
 
6    Section 115-105. The Illinois African-American Family
7Commission Act is amended by changing Section 30 and by adding
8Section 35 as follows:
 
9    (20 ILCS 3903/30)
10    Sec. 30. Reporting. The Illinois African-American Family
11Commission shall annually report to the Governor, and the
12General Assembly, and the Commission on Equity and Inclusion on
13the Commission's progress toward its goals and objectives.
14(Source: P.A. 93-867, eff. 8-5-04.)
 
15    (20 ILCS 3903/35 new)
16    Sec. 35. Oversight. Notwithstanding any provision of law
17to the contrary, the Commission on Equity and Inclusion
18established under the Commission on Equity and Inclusion Act
19shall have general oversight of the operations of the Illinois
20African-American Family Commission.
 
21    Section 115-110. The Asian American Family Commission Act
22is amended by changing Section 20 and by adding Section 25 as

 

 

HB5871- 164 -LRB101 23250 RJF 74399 b

1follows:
 
2    (20 ILCS 3916/20)
3    Sec. 20. Report. The Asian American Family Commission shall
4annually report to the Governor, and the General Assembly, and
5the Commission on Equity and Inclusion on the Commission's
6progress toward its goals and objectives.
7(Source: P.A. 101-392, eff. 1-1-20.)
 
8    (20 ILCS 3916/25 new)
9    Sec. 25. Oversight. Notwithstanding any provision of law to
10the contrary, the Commission on Equity and Inclusion
11established under the Commission on Equity and Inclusion Act
12shall have general oversight of the operations of the Asian
13American Family Commission.
 
14    Section 115-115. The Illinois Latino Family Commission Act
15is amended by changing Section 30 and by adding Section 35 as
16follows:
 
17    (20 ILCS 3983/30)
18    Sec. 30. Reporting. The Illinois Latino Family Commission
19shall annually report to the Governor, and the General
20Assembly, and the Commission on Equity and Inclusion on the
21Commission's progress towards its goals and objectives.
22(Source: P.A. 95-619, eff. 9-14-07.)
 

 

 

HB5871- 165 -LRB101 23250 RJF 74399 b

1    (20 ILCS 3983/35 new)
2    Sec. 35. Oversight. Notwithstanding any provision of law to
3the contrary, the Commission on Equity and Inclusion
4established under the Commission on Equity and Inclusion Act
5shall have general oversight of the operations of the Illinois
6Latino Family Commission.
 
7    Section 115-120. The Illinois Muslim American Advisory
8Council Act is amended by changing Section 30 and by adding
9Section 35 as follows:
 
10    (20 ILCS 5110/30)
11    Sec. 30. Reports. The Council shall issue semi-annual
12reports on its policy recommendations by June 30th and December
1331st of each year to the Governor, and the General Assembly,
14and the Commission on Equity and Inclusion.
15(Source: P.A. 100-459, eff. 8-25-17.)
 
16    (20 ILCS 5110/35 new)
17    Sec. 35. Oversight. Notwithstanding any provision of law to
18the contrary, the Commission on Equity and Inclusion
19established under the Commission on Equity and Inclusion Act
20shall have general oversight of the operations of the Council.
 
21    Section 115-125. The Illinois Procurement Code is amended

 

 

HB5871- 166 -LRB101 23250 RJF 74399 b

1by changing Sections 1-15.15, 1-15.16, 5-7, 5-30, 10-20, 20-10,
220-25, 20-30, 20-60, 35-15, 35-30, 40-20, 50-20, and 50-35 as
3follows:
 
4    (30 ILCS 500/1-15.15)
5    Sec. 1-15.15. Chief Procurement Officer. "Chief
6Procurement Officer" means any of the 4 persons appointed or
7approved by a majority of the members of the Executive Ethics
8Commission and approved by a majority vote of the Commission on
9Equity and Inclusion:
10        (1) for procurements for construction and
11    construction-related services committed by law to the
12    jurisdiction or responsibility of the Capital Development
13    Board, the independent chief procurement officer appointed
14    by a majority of the members of the Executive Ethics
15    Commission and approved by a majority vote of the
16    Commission on Equity and Inclusion.
17        (2) for procurements for all construction,
18    construction-related services, operation of any facility,
19    and the provision of any construction or
20    construction-related service or activity committed by law
21    to the jurisdiction or responsibility of the Illinois
22    Department of Transportation, including the direct or
23    reimbursable expenditure of all federal funds for which the
24    Department of Transportation is responsible or accountable
25    for the use thereof in accordance with federal law,

 

 

HB5871- 167 -LRB101 23250 RJF 74399 b

1    regulation, or procedure, the independent chief
2    procurement officer appointed by the Secretary of
3    Transportation with the consent of the majority of the
4    members of the Executive Ethics Commission and approved by
5    a majority vote of the Commission on Equity and Inclusion.
6        (3) for all procurements made by a public institution
7    of higher education, the independent chief procurement
8    officer appointed by a majority of the members of the
9    Executive Ethics Commission and approved by a majority vote
10    of the Commission on Equity and Inclusion.
11        (4) (Blank).
12        (5) for all other procurements, the independent chief
13    procurement officer appointed by a majority of the members
14    of the Executive Ethics Commission and approved by a
15    majority vote of the Commission on Equity and Inclusion.
16(Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see
17Section 5 of P.A. 96-793 for the effective date of changes made
18by P.A. 96-795); 96-920, eff. 7-1-10.)
 
19    (30 ILCS 500/5-7 new)
20    Sec. 5-7. Commission on Equity and Inclusion; powers and
21duties.
22    (a) The Commission on Equity and Inclusion, as created
23under the Commission on Equity and Inclusion Act, shall have
24the powers and duties provided under this Section with respect
25to this Code. Nothing in this Section shall be construed as

 

 

HB5871- 168 -LRB101 23250 RJF 74399 b

1overriding the authority and duties of the Procurement Policy
2Board as provided under Section 5-5. The powers and duties of
3the Commission as provided under this Section shall be
4exercised alongside, but independent of, that of the
5Procurement Policy Board.
6    (b) The Commission shall have the authority and
7responsibility to review, comment upon, and recommend,
8consistent with this Code, rules and practices governing the
9procurement, management, control, and disposal of supplies,
10services, professional or artistic services, construction, and
11real property and capital improvement leases procured by the
12State. The Commission shall also have the authority to
13recommend a program for professional development and provide
14opportunities for training in procurement practices and
15policies to chief procurement officers and their staffs in
16order to ensure that all procurement is conducted in an
17efficient, professional, and appropriately transparent manner.
18    (c) Upon a majority vote of its members, the Commission may
19review a contract. Upon a three-fifths vote of its members, the
20Commission may propose procurement rules for consideration by
21chief procurement officers. These proposals shall be published
22in each volume of the Procurement Bulletin. Except as otherwise
23provided by law, the Commission shall act upon the vote of a
24majority of its members who have been appointed and are
25serving.
26    (d) The Commission may review, study, and hold public

 

 

HB5871- 169 -LRB101 23250 RJF 74399 b

1hearings concerning the implementation and administration of
2this Code. Each chief procurement officer, State purchasing
3officer, procurement compliance monitor, and State agency
4shall cooperate with the Commission, provide information to the
5Commission, and be responsive to the Commission in the
6Commission's conduct of its reviews, studies, and hearings.
7    (e) Upon a three-fifths vote of its members, the Commission
8shall review a proposal, bid, or contract and issue a
9recommendation to void a contract or reject a proposal or bid
10based on any conflict of interest or violation of this Code. A
11recommendation of the Commission shall be delivered to the
12appropriate chief procurement officer and Executive Ethics
13Commission within 7 calendar days and must be published in the
14next volume of the Procurement Bulletin. The bidder, offeror,
15potential contractor, contractor, or subcontractor shall have
1615 calendar days to provide a written response to the notice,
17and a hearing before the Commission on the alleged conflict of
18interest or violation shall be held upon request by the bidder,
19offeror, potential contractor, contractor, or subcontractor.
20The requested hearing date and time shall be determined by the
21Commission, but in no event shall the hearing occur later than
2215 calendar days after the date of the request.
 
23    (30 ILCS 500/5-30)
24    Sec. 5-30. Proposed contracts; Procurement Policy Board;
25Commission on Equity and Inclusion.

 

 

HB5871- 170 -LRB101 23250 RJF 74399 b

1    (a) Except as provided in subsection (c), within 14
2calendar days after notice of the awarding or letting of a
3contract has appeared in the Procurement Bulletin in accordance
4with subsection (b) of Section 15-25, the Board or the
5Commission on Equity and Inclusion may request in writing from
6the contracting agency and the contracting agency shall
7promptly, but in no event later than 7 calendar days after
8receipt of the request, provide to the requesting entity Board,
9by electronic or other means satisfactory to the requesting
10entity Board, documentation in the possession of the
11contracting agency concerning the proposed contract. Nothing
12in this subsection is intended to waive or abrogate any
13privilege or right of confidentiality authorized by law.
14    (b) No contract subject to this Section may be entered into
15until the 14-day period described in subsection (a) has
16expired, unless the contracting agency requests in writing that
17the Board and the Commission on Equity and Inclusion waive the
18period and the Board and the Commission on Equity and Inclusion
19grant grants the waiver in writing.
20    (c) This Section does not apply to (i) contracts entered
21into under this Code for small and emergency procurements as
22those procurements are defined in Article 20 and (ii) contracts
23for professional and artistic services that are nonrenewable,
24one year or less in duration, and have a value of less than
25$20,000. If requested in writing by the Board or the Commission
26on Equity and Inclusion, however, the contracting agency must

 

 

HB5871- 171 -LRB101 23250 RJF 74399 b

1promptly, but in no event later than 10 calendar days after
2receipt of the request, transmit to the Board or the Commission
3on Equity and Inclusion a copy of the contract for an emergency
4procurement and documentation in the possession of the
5contracting agency concerning the contract.
6(Source: P.A. 100-43, eff. 8-9-17.)
 
7    (30 ILCS 500/10-20)
8    Sec. 10-20. Independent chief procurement officers.
9    (a) Appointment. Beginning with appointments made on or
10after the effective date of this amendatory Act of the 101st
11General Assembly Within 60 calendar days after the effective
12date of this amendatory Act of the 96th General Assembly, the
13Executive Ethics Commission with the majority vote approval of
14the Commission on Equity and Inclusion, and with the advice and
15consent of the Senate, shall appoint or approve 4 chief
16procurement officers, one for each of the following categories:
17        (1) for procurements for construction and
18    construction-related services committed by law to the
19    jurisdiction or responsibility of the Capital Development
20    Board;
21        (2) for procurements for all construction,
22    construction-related services, operation of any facility,
23    and the provision of any service or activity committed by
24    law to the jurisdiction or responsibility of the Illinois
25    Department of Transportation, including the direct or

 

 

HB5871- 172 -LRB101 23250 RJF 74399 b

1    reimbursable expenditure of all federal funds for which the
2    Department of Transportation is responsible or accountable
3    for the use thereof in accordance with federal law,
4    regulation, or procedure, the chief procurement officer
5    recommended for approval under this item appointed by the
6    Secretary of Transportation after consent by the Executive
7    Ethics Commission and the Commission on Equity and
8    Inclusion;
9        (3) for all procurements made by a public institution
10    of higher education; and
11        (4) for all other procurement needs of State agencies.
12    A chief procurement officer shall be responsible to the
13Executive Ethics Commission and the Commission on Equity and
14Inclusion but must be located within the agency that the
15officer provides with procurement services. The chief
16procurement officer for higher education shall have an office
17located within the Board of Higher Education, unless otherwise
18designated by the Executive Ethics Commission and the
19Commission on Equity and Inclusion. The chief procurement
20officer for all other procurement needs of the State shall have
21an office located within the Department of Central Management
22Services, unless otherwise designated by the Executive Ethics
23Commission and the Commission on Equity and Inclusion.
24    (b) Terms and independence. Each chief procurement officer
25appointed under this Section shall serve for a term of 5 years
26beginning on the date of the officer's appointment. The chief

 

 

HB5871- 173 -LRB101 23250 RJF 74399 b

1procurement officer may be removed for cause after a hearing by
2the Executive Ethics Commission and the Commission on Equity
3and Inclusion. The Governor or the director of a State agency
4directly responsible to the Governor may institute a complaint
5against the officer by filing such complaint with the
6Commission. The Commission shall have a hearing based on the
7complaint. The officer and the complainant shall receive
8reasonable notice of the hearing and shall be permitted to
9present their respective arguments on the complaint. After the
10hearing, the Commission shall make a finding on the complaint
11and may take disciplinary action, including but not limited to
12removal of the officer.
13    The salary of a chief procurement officer shall be
14established by the Executive Ethics Commission and the
15Commission on Equity and Inclusion and may not be diminished
16during the officer's term. The salary may not exceed the salary
17of the director of a State agency for which the officer serves
18as chief procurement officer.
19    (c) Qualifications. In addition to any other requirement or
20qualification required by State law, each chief procurement
21officer must within 12 months of employment be a Certified
22Professional Public Buyer or a Certified Public Purchasing
23Officer, pursuant to certification by the Universal Public
24Purchasing Certification Council, and must reside in Illinois.
25    (d) Fiduciary duty. Each chief procurement officer owes a
26fiduciary duty to the State.

 

 

HB5871- 174 -LRB101 23250 RJF 74399 b

1    (e) Vacancy. In case of a vacancy in one or more of the
2offices of a chief procurement officer under this Section
3during the recess of the Senate, the Executive Ethics
4Commission, with the approval of the Commission on Equity and
5Inclusion, shall make a temporary appointment until the next
6meeting of the Senate, when the Executive Ethics Commission,
7with the approval of the Commission on Equity and Inclusion,
8shall nominate some person to fill the office, and any person
9so nominated who is confirmed by the Senate shall hold office
10during the remainder of the term and until his or her successor
11is appointed and qualified. If the Senate is not in session at
12the time this amendatory Act of the 96th General Assembly takes
13effect, the Executive Ethics Commission shall make a temporary
14appointment as in the case of a vacancy.
15    (f) (Blank).
16    (g) (Blank).
17(Source: P.A. 98-1076, eff. 1-1-15.)
 
18    (30 ILCS 500/20-10)
19    (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
2098-1076, 99-906, 100-43, and 101-31)
21    Sec. 20-10. Competitive sealed bidding; reverse auction.
22    (a) Conditions for use. All contracts shall be awarded by
23competitive sealed bidding except as otherwise provided in
24Section 20-5.
25    (b) Invitation for bids. An invitation for bids shall be

 

 

HB5871- 175 -LRB101 23250 RJF 74399 b

1issued and shall include a purchase description and the
2material contractual terms and conditions applicable to the
3procurement.
4    (c) Public notice. Public notice of the invitation for bids
5shall be published in the Illinois Procurement Bulletin at
6least 14 calendar days before the date set in the invitation
7for the opening of bids.
8    (d) Bid opening. Bids shall be opened publicly or through
9an electronic procurement system in the presence of one or more
10witnesses at the time and place designated in the invitation
11for bids. The name of each bidder, including earned and applied
12bid credit from the Illinois Works Jobs Program Act, the amount
13of each bid, and other relevant information as may be specified
14by rule shall be recorded. After the award of the contract, the
15winning bid and the record of each unsuccessful bid shall be
16open to public inspection.
17    (e) Bid acceptance and bid evaluation. Bids shall be
18unconditionally accepted without alteration or correction,
19except as authorized in this Code. Bids shall be evaluated
20based on the requirements set forth in the invitation for bids,
21which may include criteria to determine acceptability such as
22inspection, testing, quality, workmanship, delivery, and
23suitability for a particular purpose. Those criteria that will
24affect the bid price and be considered in evaluation for award,
25such as discounts, transportation costs, and total or life
26cycle costs, shall be objectively measurable. The invitation

 

 

HB5871- 176 -LRB101 23250 RJF 74399 b

1for bids shall set forth the evaluation criteria to be used.
2    (f) Correction or withdrawal of bids. Correction or
3withdrawal of inadvertently erroneous bids before or after
4award, or cancellation of awards of contracts based on bid
5mistakes, shall be permitted in accordance with rules. After
6bid opening, no changes in bid prices or other provisions of
7bids prejudicial to the interest of the State or fair
8competition shall be permitted. All decisions to permit the
9correction or withdrawal of bids based on bid mistakes shall be
10supported by written determination made by a State purchasing
11officer.
12    (g) Award. The contract shall be awarded with reasonable
13promptness by written notice to the lowest responsible and
14responsive bidder whose bid meets the requirements and criteria
15set forth in the invitation for bids, except when a State
16purchasing officer determines it is not in the best interest of
17the State and by written explanation determines another bidder
18shall receive the award. The explanation shall appear in the
19appropriate volume of the Illinois Procurement Bulletin. The
20written explanation must include:
21        (1) a description of the agency's needs;
22        (2) a determination that the anticipated cost will be
23    fair and reasonable;
24        (3) a listing of all responsible and responsive
25    bidders; and
26        (4) the name of the bidder selected, the total contract

 

 

HB5871- 177 -LRB101 23250 RJF 74399 b

1    price, and the reasons for selecting that bidder.
2    Each chief procurement officer may adopt guidelines to
3implement the requirements of this subsection (g).
4    The written explanation shall be filed with the Legislative
5Audit Commission, and the Commission on Equity and Inclusion,
6and the Procurement Policy Board, and be made available for
7inspection by the public, within 30 calendar days after the
8agency's decision to award the contract.
9    (h) Multi-step sealed bidding. When it is considered
10impracticable to initially prepare a purchase description to
11support an award based on price, an invitation for bids may be
12issued requesting the submission of unpriced offers to be
13followed by an invitation for bids limited to those bidders
14whose offers have been qualified under the criteria set forth
15in the first solicitation.
16    (i) Alternative procedures. Notwithstanding any other
17provision of this Act to the contrary, the Director of the
18Illinois Power Agency may create alternative bidding
19procedures to be used in procuring professional services under
20Section 1-56, subsections (a) and (c) of Section 1-75 and
21subsection (d) of Section 1-78 of the Illinois Power Agency Act
22and Section 16-111.5(c) of the Public Utilities Act and to
23procure renewable energy resources under Section 1-56 of the
24Illinois Power Agency Act. These alternative procedures shall
25be set forth together with the other criteria contained in the
26invitation for bids, and shall appear in the appropriate volume

 

 

HB5871- 178 -LRB101 23250 RJF 74399 b

1of the Illinois Procurement Bulletin.
2    (j) Reverse auction. Notwithstanding any other provision
3of this Section and in accordance with rules adopted by the
4chief procurement officer, that chief procurement officer may
5procure supplies or services through a competitive electronic
6auction bidding process after the chief procurement officer
7determines that the use of such a process will be in the best
8interest of the State. The chief procurement officer shall
9publish that determination in his or her next volume of the
10Illinois Procurement Bulletin.
11    An invitation for bids shall be issued and shall include
12(i) a procurement description, (ii) all contractual terms,
13whenever practical, and (iii) conditions applicable to the
14procurement, including a notice that bids will be received in
15an electronic auction manner.
16    Public notice of the invitation for bids shall be given in
17the same manner as provided in subsection (c).
18    Bids shall be accepted electronically at the time and in
19the manner designated in the invitation for bids. During the
20auction, a bidder's price shall be disclosed to other bidders.
21Bidders shall have the opportunity to reduce their bid prices
22during the auction. At the conclusion of the auction, the
23record of the bid prices received and the name of each bidder
24shall be open to public inspection.
25    After the auction period has terminated, withdrawal of bids
26shall be permitted as provided in subsection (f).

 

 

HB5871- 179 -LRB101 23250 RJF 74399 b

1    The contract shall be awarded within 60 calendar days after
2the auction by written notice to the lowest responsible bidder,
3or all bids shall be rejected except as otherwise provided in
4this Code. Extensions of the date for the award may be made by
5mutual written consent of the State purchasing officer and the
6lowest responsible bidder.
7    This subsection does not apply to (i) procurements of
8professional and artistic services, (ii) telecommunications
9services, communication services, and information services,
10and (iii) contracts for construction projects, including
11design professional services.
12(Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19.)
 
13    (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
1498-1076, 99-906, 100-43, and 101-31)
15    Sec. 20-10. Competitive sealed bidding; reverse auction.
16    (a) Conditions for use. All contracts shall be awarded by
17competitive sealed bidding except as otherwise provided in
18Section 20-5.
19    (b) Invitation for bids. An invitation for bids shall be
20issued and shall include a purchase description and the
21material contractual terms and conditions applicable to the
22procurement.
23    (c) Public notice. Public notice of the invitation for bids
24shall be published in the Illinois Procurement Bulletin at
25least 14 calendar days before the date set in the invitation

 

 

HB5871- 180 -LRB101 23250 RJF 74399 b

1for the opening of bids.
2    (d) Bid opening. Bids shall be opened publicly or through
3an electronic procurement system in the presence of one or more
4witnesses at the time and place designated in the invitation
5for bids. The name of each bidder, including earned and applied
6bid credit from the Illinois Works Jobs Program Act, the amount
7of each bid, and other relevant information as may be specified
8by rule shall be recorded. After the award of the contract, the
9winning bid and the record of each unsuccessful bid shall be
10open to public inspection.
11    (e) Bid acceptance and bid evaluation. Bids shall be
12unconditionally accepted without alteration or correction,
13except as authorized in this Code. Bids shall be evaluated
14based on the requirements set forth in the invitation for bids,
15which may include criteria to determine acceptability such as
16inspection, testing, quality, workmanship, delivery, and
17suitability for a particular purpose. Those criteria that will
18affect the bid price and be considered in evaluation for award,
19such as discounts, transportation costs, and total or life
20cycle costs, shall be objectively measurable. The invitation
21for bids shall set forth the evaluation criteria to be used.
22    (f) Correction or withdrawal of bids. Correction or
23withdrawal of inadvertently erroneous bids before or after
24award, or cancellation of awards of contracts based on bid
25mistakes, shall be permitted in accordance with rules. After
26bid opening, no changes in bid prices or other provisions of

 

 

HB5871- 181 -LRB101 23250 RJF 74399 b

1bids prejudicial to the interest of the State or fair
2competition shall be permitted. All decisions to permit the
3correction or withdrawal of bids based on bid mistakes shall be
4supported by written determination made by a State purchasing
5officer.
6    (g) Award. The contract shall be awarded with reasonable
7promptness by written notice to the lowest responsible and
8responsive bidder whose bid meets the requirements and criteria
9set forth in the invitation for bids, except when a State
10purchasing officer determines it is not in the best interest of
11the State and by written explanation determines another bidder
12shall receive the award. The explanation shall appear in the
13appropriate volume of the Illinois Procurement Bulletin. The
14written explanation must include:
15        (1) a description of the agency's needs;
16        (2) a determination that the anticipated cost will be
17    fair and reasonable;
18        (3) a listing of all responsible and responsive
19    bidders; and
20        (4) the name of the bidder selected, the total contract
21    price, and the reasons for selecting that bidder.
22    Each chief procurement officer may adopt guidelines to
23implement the requirements of this subsection (g).
24    The written explanation shall be filed with the Legislative
25Audit Commission, and the Commission on Equity and Inclusion,
26and the Procurement Policy Board, and be made available for

 

 

HB5871- 182 -LRB101 23250 RJF 74399 b

1inspection by the public, within 30 days after the agency's
2decision to award the contract.
3    (h) Multi-step sealed bidding. When it is considered
4impracticable to initially prepare a purchase description to
5support an award based on price, an invitation for bids may be
6issued requesting the submission of unpriced offers to be
7followed by an invitation for bids limited to those bidders
8whose offers have been qualified under the criteria set forth
9in the first solicitation.
10    (i) Alternative procedures. Notwithstanding any other
11provision of this Act to the contrary, the Director of the
12Illinois Power Agency may create alternative bidding
13procedures to be used in procuring professional services under
14subsections (a) and (c) of Section 1-75 and subsection (d) of
15Section 1-78 of the Illinois Power Agency Act and Section
1616-111.5(c) of the Public Utilities Act and to procure
17renewable energy resources under Section 1-56 of the Illinois
18Power Agency Act. These alternative procedures shall be set
19forth together with the other criteria contained in the
20invitation for bids, and shall appear in the appropriate volume
21of the Illinois Procurement Bulletin.
22    (j) Reverse auction. Notwithstanding any other provision
23of this Section and in accordance with rules adopted by the
24chief procurement officer, that chief procurement officer may
25procure supplies or services through a competitive electronic
26auction bidding process after the chief procurement officer

 

 

HB5871- 183 -LRB101 23250 RJF 74399 b

1determines that the use of such a process will be in the best
2interest of the State. The chief procurement officer shall
3publish that determination in his or her next volume of the
4Illinois Procurement Bulletin.
5    An invitation for bids shall be issued and shall include
6(i) a procurement description, (ii) all contractual terms,
7whenever practical, and (iii) conditions applicable to the
8procurement, including a notice that bids will be received in
9an electronic auction manner.
10    Public notice of the invitation for bids shall be given in
11the same manner as provided in subsection (c).
12    Bids shall be accepted electronically at the time and in
13the manner designated in the invitation for bids. During the
14auction, a bidder's price shall be disclosed to other bidders.
15Bidders shall have the opportunity to reduce their bid prices
16during the auction. At the conclusion of the auction, the
17record of the bid prices received and the name of each bidder
18shall be open to public inspection.
19    After the auction period has terminated, withdrawal of bids
20shall be permitted as provided in subsection (f).
21    The contract shall be awarded within 60 calendar days after
22the auction by written notice to the lowest responsible bidder,
23or all bids shall be rejected except as otherwise provided in
24this Code. Extensions of the date for the award may be made by
25mutual written consent of the State purchasing officer and the
26lowest responsible bidder.

 

 

HB5871- 184 -LRB101 23250 RJF 74399 b

1    This subsection does not apply to (i) procurements of
2professional and artistic services, (ii) telecommunications
3services, communication services, and information services,
4and (iii) contracts for construction projects, including
5design professional services.
6(Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19.)
 
7    (30 ILCS 500/20-25)
8    Sec. 20-25. Sole source procurements.
9    (a) In accordance with standards set by rule, contracts may
10be awarded without use of the specified method of source
11selection when there is only one economically feasible source
12for the item. A State contract may be awarded as a sole source
13contract unless an interested party submits a written request
14for a public hearing at which the chief procurement officer and
15purchasing agency present written justification for the
16procurement method. Any interested party may present
17testimony. A sole source contract where a hearing was requested
18by an interested party may be awarded after the hearing is
19conducted with the approval of the chief procurement officer.
20    (b) This Section may not be used as a basis for amending a
21contract for professional or artistic services if the amendment
22would result in an increase in the amount paid under the
23contract of more than 5% of the initial award, or would extend
24the contract term beyond the time reasonably needed for a
25competitive procurement, not to exceed 2 months.

 

 

HB5871- 185 -LRB101 23250 RJF 74399 b

1    (c) Notice of intent to enter into a sole source contract
2shall be provided to the Procurement Policy Board and the
3Commission on Equity and Inclusion, and published in the online
4electronic Bulletin at least 14 calendar days before the public
5hearing required in subsection (a). The notice shall include
6the sole source procurement justification form prescribed by
7the Board, a description of the item to be procured, the
8intended sole source contractor, and the date, time, and
9location of the public hearing. A copy of the notice and all
10documents provided at the hearing shall be included in the
11subsequent Procurement Bulletin.
12    (d) By August 1 each year, each chief procurement officer
13shall file a report with the General Assembly identifying each
14contract the officer sought under the sole source procurement
15method and providing the justification given for seeking sole
16source as the procurement method for each of those contracts.
17(Source: P.A. 100-43, eff. 8-9-17.)
 
18    (30 ILCS 500/20-30)
19    Sec. 20-30. Emergency purchases.
20    (a) Conditions for use. In accordance with standards set by
21rule, a purchasing agency may make emergency procurements
22without competitive sealed bidding or prior notice when there
23exists a threat to public health or public safety, or when
24immediate expenditure is necessary for repairs to State
25property in order to protect against further loss of or damage

 

 

HB5871- 186 -LRB101 23250 RJF 74399 b

1to State property, to prevent or minimize serious disruption in
2critical State services that affect health, safety, or
3collection of substantial State revenues, or to ensure the
4integrity of State records; provided, however, that the term of
5the emergency purchase shall be limited to the time reasonably
6needed for a competitive procurement, not to exceed 90 calendar
7days. A contract may be extended beyond 90 calendar days if the
8chief procurement officer determines additional time is
9necessary and that the contract scope and duration are limited
10to the emergency. Prior to execution of the extension, the
11chief procurement officer must hold a public hearing and
12provide written justification for all emergency contracts.
13Members of the public may present testimony. Emergency
14procurements shall be made with as much competition as is
15practicable under the circumstances, and shall include best
16efforts to include contractors certified under the Business
17Enterprise Program. A written description of the basis for the
18emergency and reasons for the selection of the particular
19contractor shall be included in the contract file.
20    (b) Notice. Notice of all emergency procurements shall be
21provided to the Procurement Policy Board and the Commission on
22Equity and Inclusion, and published in the online electronic
23Bulletin no later than 5 calendar days after the contract is
24awarded. Notice of intent to extend an emergency contract shall
25be provided to the Procurement Policy Board and the Commission
26on Equity and Inclusion, and published in the online electronic

 

 

HB5871- 187 -LRB101 23250 RJF 74399 b

1Bulletin at least 14 calendar days before the public hearing.
2Notice shall include at least a description of the need for the
3emergency purchase, the contractor, and if applicable, the
4date, time, and location of the public hearing. A copy of this
5notice and all documents provided at the hearing shall be
6included in the subsequent Procurement Bulletin. Before the
7next appropriate volume of the Illinois Procurement Bulletin,
8the purchasing agency shall publish in the Illinois Procurement
9Bulletin a copy of each written description and reasons and the
10total cost of each emergency procurement made during the
11previous month. When only an estimate of the total cost is
12known at the time of publication, the estimate shall be
13identified as an estimate and published. When the actual total
14cost is determined, it shall also be published in like manner
15before the 10th day of the next succeeding month.
16    (c) Statements. A chief procurement officer making a
17procurement under this Section shall file statements with the
18Procurement Policy Board, the Commission on Equity and
19Inclusion, and the Auditor General within 10 calendar days
20after the procurement setting forth the amount expended, the
21name of the contractor involved, and the conditions and
22circumstances requiring the emergency procurement. When only
23an estimate of the cost is available within 10 calendar days
24after the procurement, the actual cost shall be reported
25immediately after it is determined. At the end of each fiscal
26quarter, the Auditor General shall file with the Legislative

 

 

HB5871- 188 -LRB101 23250 RJF 74399 b

1Audit Commission and the Governor a complete listing of all
2emergency procurements reported during that fiscal quarter.
3The Legislative Audit Commission shall review the emergency
4procurements so reported and, in its annual reports, advise the
5General Assembly of procurements that appear to constitute an
6abuse of this Section.
7    (d) Quick purchases. The chief procurement officer may
8promulgate rules extending the circumstances by which a
9purchasing agency may make purchases under this Section,
10including but not limited to the procurement of items available
11at a discount for a limited period of time. The chief
12procurement officer shall adopt rules regarding good faith and
13best efforts from contractors and companies certified under the
14Business Enterprise Program.
15    (e) The changes to this Section made by this amendatory Act
16of the 96th General Assembly apply to procurements executed on
17or after its effective date.
18(Source: P.A. 100-43, eff. 8-9-17.)
 
19    (30 ILCS 500/20-60)
20    Sec. 20-60. Duration of contracts.
21    (a) Maximum duration. A contract may be entered into for
22any period of time deemed to be in the best interests of the
23State but not exceeding 10 years inclusive, beginning January
241, 2010, of proposed contract renewals. Third parties may lease
25State-owned dark fiber networks for any period of time deemed

 

 

HB5871- 189 -LRB101 23250 RJF 74399 b

1to be in the best interest of the State, but not exceeding 20
2years. The length of a lease for real property or capital
3improvements shall be in accordance with the provisions of
4Section 40-25. The length of energy conservation program
5contracts or energy savings contracts or leases shall be in
6accordance with the provisions of Section 25-45. A contract for
7bond or mortgage insurance awarded by the Illinois Housing
8Development Authority, however, may be entered into for any
9period of time less than or equal to the maximum period of time
10that the subject bond or mortgage may remain outstanding.
11    (b) Subject to appropriation. All contracts made or entered
12into shall recite that they are subject to termination and
13cancellation in any year for which the General Assembly fails
14to make an appropriation to make payments under the terms of
15the contract.
16    (c) The chief procurement officer shall file a proposed
17extension or renewal of a contract with the Procurement Policy
18Board and the Commission on Equity and Inclusion prior to
19entering into any extension or renewal if the cost associated
20with the extension or renewal exceeds $249,999. The Procurement
21Policy Board or the Commission on Equity and Inclusion may
22object to the proposed extension or renewal within 30 calendar
23days and require a hearing before the Board or the Commission
24on Equity and Inclusion prior to entering into the extension or
25renewal. If the Procurement Policy Board or the Commission on
26Equity and Inclusion does not object within 30 calendar days or

 

 

HB5871- 190 -LRB101 23250 RJF 74399 b

1takes affirmative action to recommend the extension or renewal,
2the chief procurement officer may enter into the extension or
3renewal of a contract. This subsection does not apply to any
4emergency procurement, any procurement under Article 40, or any
5procurement exempted by Section 1-10(b) of this Code. If any
6State agency contract is paid for in whole or in part with
7federal-aid funds, grants, or loans and the provisions of this
8subsection would result in the loss of those federal-aid funds,
9grants, or loans, then the contract is exempt from the
10provisions of this subsection in order to remain eligible for
11those federal-aid funds, grants, or loans, and the State agency
12shall file notice of this exemption with the Procurement Policy
13Board or the Commission on Equity and Inclusion prior to
14entering into the proposed extension or renewal. Nothing in
15this subsection permits a chief procurement officer to enter
16into an extension or renewal in violation of subsection (a). By
17August 1 each year, the Procurement Policy Board and the
18Commission on Equity and Inclusion shall each shall file a
19report with the General Assembly identifying for the previous
20fiscal year (i) the proposed extensions or renewals that were
21filed and whether such extensions and renewals were objected to
22with the Board and whether the Board objected and (ii) the
23contracts exempt from this subsection.
24    (d) Notwithstanding the provisions of subsection (a) of
25this Section, the Department of Innovation and Technology may
26enter into leases for dark fiber networks for any period of

 

 

HB5871- 191 -LRB101 23250 RJF 74399 b

1time deemed to be in the best interests of the State but not
2exceeding 20 years inclusive. The Department of Innovation and
3Technology may lease dark fiber networks from third parties
4only for the primary purpose of providing services (i) to the
5offices of Governor, Lieutenant Governor, Attorney General,
6Secretary of State, Comptroller, or Treasurer and State
7agencies, as defined under Section 5-15 of the Civil
8Administrative Code of Illinois or (ii) for anchor
9institutions, as defined in Section 7 of the Illinois Century
10Network Act. Dark fiber network lease contracts shall be
11subject to all other provisions of this Code and any applicable
12rules or requirements, including, but not limited to,
13publication of lease solicitations, use of standard State
14contracting terms and conditions, and approval of vendor
15certifications and financial disclosures.
16    (e) As used in this Section, "dark fiber network" means a
17network of fiber optic cables laid but currently unused by a
18third party that the third party is leasing for use as network
19infrastructure.
20(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
21101-81, eff. 7-12-19.)
 
22    (30 ILCS 500/35-15)
23    Sec. 35-15. Prequalification.
24    (a) The chief procurement officer for matters other than
25construction and the higher education chief procurement

 

 

HB5871- 192 -LRB101 23250 RJF 74399 b

1officer shall each develop appropriate and reasonable
2prequalification standards and categories of professional and
3artistic services.
4    (b) The prequalifications and categorizations shall be
5submitted to the Procurement Policy Board and the Commission on
6Equity and Inclusion, and published for public comment prior to
7their submission to the Joint Committee on Administrative Rules
8for approval.
9    (c) The chief procurement officer for matters other than
10construction and the higher education chief procurement
11officer shall each also assemble and maintain a comprehensive
12list of prequalified and categorized businesses and persons.
13    (d) Prequalification shall not be used to bar or prevent
14any qualified business or person from bidding or responding to
15invitations for bid or requests for proposal.
16(Source: P.A. 100-43, eff. 8-9-17.)
 
17    (30 ILCS 500/35-30)
18    Sec. 35-30. Awards.
19    (a) All State contracts for professional and artistic
20services, except as provided in this Section, shall be awarded
21using the competitive request for proposal process outlined in
22this Section.
23    (b) For each contract offered, the chief procurement
24officer, State purchasing officer, or his or her designee shall
25use the appropriate standard solicitation forms available from

 

 

HB5871- 193 -LRB101 23250 RJF 74399 b

1the chief procurement officer for matters other than
2construction or the higher education chief procurement
3officer.
4    (c) Prepared forms shall be submitted to the chief
5procurement officer for matters other than construction or the
6higher education chief procurement officer, whichever is
7appropriate, for publication in its Illinois Procurement
8Bulletin and circulation to the chief procurement officer for
9matters other than construction or the higher education chief
10procurement officer's list of prequalified vendors. Notice of
11the offer or request for proposal shall appear at least 14
12calendar days before the response to the offer is due.
13    (d) All interested respondents shall return their
14responses to the chief procurement officer for matters other
15than construction or the higher education chief procurement
16officer, whichever is appropriate, which shall open and record
17them. The chief procurement officer for matters other than
18construction or higher education chief procurement officer
19then shall forward the responses, together with any information
20it has available about the qualifications and other State work
21of the respondents.
22    (e) After evaluation, ranking, and selection, the
23responsible chief procurement officer, State purchasing
24officer, or his or her designee shall notify the chief
25procurement officer for matters other than construction or the
26higher education chief procurement officer, whichever is

 

 

HB5871- 194 -LRB101 23250 RJF 74399 b

1appropriate, of the successful respondent and shall forward a
2copy of the signed contract for the chief procurement officer
3for matters other than construction or higher education chief
4procurement officer's file. The chief procurement officer for
5matters other than construction or higher education chief
6procurement officer shall publish the names of the responsible
7procurement decision-maker, the agency letting the contract,
8the successful respondent, a contract reference, and value of
9the let contract in the next appropriate volume of the Illinois
10Procurement Bulletin.
11    (f) For all professional and artistic contracts with
12annualized value that exceeds $100,000, evaluation and ranking
13by price are required. Any chief procurement officer or State
14purchasing officer, but not their designees, may select a
15respondent other than the lowest respondent by price. In any
16case, when the contract exceeds the $100,000 threshold and the
17lowest respondent is not selected, the chief procurement
18officer or the State purchasing officer shall forward together
19with the contract notice of who the low respondent by price was
20and a written decision as to why another was selected to the
21chief procurement officer for matters other than construction
22or the higher education chief procurement officer, whichever is
23appropriate. The chief procurement officer for matters other
24than construction or higher education chief procurement
25officer shall publish as provided in subsection (e) of Section
2635-30, but shall include notice of the chief procurement

 

 

HB5871- 195 -LRB101 23250 RJF 74399 b

1officer's or State purchasing officer's written decision.
2    (g) The chief procurement officer for matters other than
3construction and higher education chief procurement officer
4may each refine, but not contradict, this Section by
5promulgating rules for submission to the Procurement Policy
6Board and the Commission on Equity and Inclusion, and then to
7the Joint Committee on Administrative Rules. Any refinement
8shall be based on the principles and procedures of the federal
9Architect-Engineer Selection Law, Public Law 92-582 Brooks
10Act, and the Architectural, Engineering, and Land Surveying
11Qualifications Based Selection Act; except that pricing shall
12be an integral part of the selection process.
13(Source: P.A. 100-43, eff. 8-9-17.)
 
14    (30 ILCS 500/40-20)
15    Sec. 40-20. Request for information.
16    (a) Conditions for use. Leases shall be procured by request
17for information except as otherwise provided in Section 40-15.
18    (b) Form. A request for information shall be issued and
19shall include:
20        (1) the type of property to be leased;
21        (2) the proposed uses of the property;
22        (3) the duration of the lease;
23        (4) the preferred location of the property; and
24        (5) a general description of the configuration
25    desired.

 

 

HB5871- 196 -LRB101 23250 RJF 74399 b

1    (c) Public notice. Public notice of the request for
2information for the availability of real property to lease
3shall be published in the appropriate volume of the Illinois
4Procurement Bulletin at least 14 calendar days before the date
5set forth in the request for receipt of responses and shall
6also be published in similar manner in a newspaper of general
7circulation in the community or communities where the using
8agency is seeking space.
9    (d) Response. The request for information response shall
10consist of written information sufficient to show that the
11respondent can meet minimum criteria set forth in the request.
12State purchasing officers may enter into discussions with
13respondents for the purpose of clarifying State needs and the
14information supplied by the respondents. On the basis of the
15information supplied and discussions, if any, a State
16purchasing officer shall make a written determination
17identifying the responses that meet the minimum criteria set
18forth in the request for information. Negotiations shall be
19entered into with all qualified respondents for the purpose of
20securing a lease that is in the best interest of the State. A
21written report of the negotiations shall be retained in the
22lease files and shall include the reasons for the final
23selection. All leases shall be reduced to writing; one copy
24shall be filed with the Comptroller in accordance with the
25provisions of Section 20-80, and one copy each shall be filed
26with the Board and the Commission on Equity and Inclusion.

 

 

HB5871- 197 -LRB101 23250 RJF 74399 b

1    When the lowest response by price is not selected, the
2State purchasing officer shall forward to the chief procurement
3officer, along with the lease, notice of the identity of the
4lowest respondent by price and written reasons for the
5selection of a different response. The chief procurement
6officer shall publish the written reasons in the next volume of
7the Illinois Procurement Bulletin.
8    (e) Board and Commission on Equity and Inclusion review.
9Upon receipt of (1) any proposed lease of real property of
1010,000 or more square feet or (2) any proposed lease of real
11property with annual rent payments of $100,000 or more, the
12Procurement Policy Board and the Commission on Equity and
13Inclusion shall have 30 calendar days to review the proposed
14lease. If neither the Board nor the Commission on Equity and
15Inclusion the Board does not object in writing within 30
16calendar days, then the proposed lease shall become effective
17according to its terms as submitted. The leasing agency shall
18make any and all materials available to the Board and the
19Commission on Equity and Inclusion to assist in the review
20process.
21(Source: P.A. 98-1076, eff. 1-1-15.)
 
22    (30 ILCS 500/50-20)
23    Sec. 50-20. Exemptions. The appropriate chief procurement
24officer may file a request with the Executive Ethics Commission
25to exempt named individuals from the prohibitions of Section

 

 

HB5871- 198 -LRB101 23250 RJF 74399 b

150-13 when, in his or her judgment, the public interest in
2having the individual in the service of the State outweighs the
3public policy evidenced in that Section. The Executive Ethics
4Commission may grant an exemption after a public hearing at
5which any person may present testimony. The chief procurement
6officer shall publish notice of the date, time, and location of
7the hearing in the online electronic Bulletin at least 14
8calendar days prior to the hearing and provide notice to the
9individual subject to the waiver, and the Procurement Policy
10Board, and the Commission on Equity and Inclusion. The
11Executive Ethics Commission shall also provide public notice of
12the date, time, and location of the hearing on its website. If
13the Commission grants an exemption, the exemption is effective
14only if it is filed with the Secretary of State and the
15Comptroller prior to the execution of any contract and includes
16a statement setting forth the name of the individual and all
17the pertinent facts that would make that Section applicable,
18setting forth the reason for the exemption, and declaring the
19individual exempted from that Section. Notice of each exemption
20shall be published in the Illinois Procurement Bulletin. A
21contract for which a waiver has been issued but has not been
22filed in accordance with this Section is voidable by the State.
23The changes to this Section made by this amendatory Act of the
2496th General Assembly shall apply to exemptions granted on or
25after its effective date.
26(Source: P.A. 98-1076, eff. 1-1-15.)
 

 

 

HB5871- 199 -LRB101 23250 RJF 74399 b

1    (30 ILCS 500/50-35)
2    Sec. 50-35. Financial disclosure and potential conflicts
3of interest.
4    (a) All bids and offers from responsive bidders, offerors,
5vendors, or contractors with an annual value of more than
6$50,000, and all submissions to a vendor portal, shall be
7accompanied by disclosure of the financial interests of the
8bidder, offeror, potential contractor, or contractor and each
9subcontractor to be used. In addition, all subcontracts
10identified as provided by Section 20-120 of this Code with an
11annual value of more than $50,000 shall be accompanied by
12disclosure of the financial interests of each subcontractor.
13The financial disclosure of each successful bidder, offeror,
14potential contractor, or contractor and its subcontractors
15shall be incorporated as a material term of the contract and
16shall become part of the publicly available contract or
17procurement file maintained by the appropriate chief
18procurement officer. Each disclosure under this Section shall
19be signed and made under penalty of perjury by an authorized
20officer or employee on behalf of the bidder, offeror, potential
21contractor, contractor, or subcontractor, and must be filed
22with the Procurement Policy Board and the Commission on Equity
23and Inclusion.
24    (b) Disclosure shall include any ownership or distributive
25income share that is in excess of 5%, or an amount greater than

 

 

HB5871- 200 -LRB101 23250 RJF 74399 b

160% of the annual salary of the Governor, of the disclosing
2entity or its parent entity, whichever is less, unless the
3bidder, offeror, potential contractor, contractor, or
4subcontractor (i) is a publicly traded entity subject to
5Federal 10K reporting, in which case it may submit its 10K
6disclosure in place of the prescribed disclosure, or (ii) is a
7privately held entity that is exempt from Federal 10k reporting
8but has more than 100 shareholders, in which case it may submit
9the information that Federal 10k reporting companies are
10required to report under 17 CFR 229.401 and list the names of
11any person or entity holding any ownership share that is in
12excess of 5% in place of the prescribed disclosure. The form of
13disclosure shall be prescribed by the applicable chief
14procurement officer and must include at least the names,
15addresses, and dollar or proportionate share of ownership of
16each person identified in this Section, their instrument of
17ownership or beneficial relationship, and notice of any
18potential conflict of interest resulting from the current
19ownership or beneficial relationship of each individual
20identified in this Section having in addition any of the
21following relationships:
22        (1) State employment, currently or in the previous 3
23    years, including contractual employment of services.
24        (2) State employment of spouse, father, mother, son, or
25    daughter, including contractual employment for services in
26    the previous 2 years.

 

 

HB5871- 201 -LRB101 23250 RJF 74399 b

1        (3) Elective status; the holding of elective office of
2    the State of Illinois, the government of the United States,
3    any unit of local government authorized by the Constitution
4    of the State of Illinois or the statutes of the State of
5    Illinois currently or in the previous 3 years.
6        (4) Relationship to anyone holding elective office
7    currently or in the previous 2 years; spouse, father,
8    mother, son, or daughter.
9        (5) Appointive office; the holding of any appointive
10    government office of the State of Illinois, the United
11    States of America, or any unit of local government
12    authorized by the Constitution of the State of Illinois or
13    the statutes of the State of Illinois, which office
14    entitles the holder to compensation in excess of expenses
15    incurred in the discharge of that office currently or in
16    the previous 3 years.
17        (6) Relationship to anyone holding appointive office
18    currently or in the previous 2 years; spouse, father,
19    mother, son, or daughter.
20        (7) Employment, currently or in the previous 3 years,
21    as or by any registered lobbyist of the State government.
22        (8) Relationship to anyone who is or was a registered
23    lobbyist in the previous 2 years; spouse, father, mother,
24    son, or daughter.
25        (9) Compensated employment, currently or in the
26    previous 3 years, by any registered election or re-election

 

 

HB5871- 202 -LRB101 23250 RJF 74399 b

1    committee registered with the Secretary of State or any
2    county clerk in the State of Illinois, or any political
3    action committee registered with either the Secretary of
4    State or the Federal Board of Elections.
5        (10) Relationship to anyone; spouse, father, mother,
6    son, or daughter; who is or was a compensated employee in
7    the last 2 years of any registered election or re-election
8    committee registered with the Secretary of State or any
9    county clerk in the State of Illinois, or any political
10    action committee registered with either the Secretary of
11    State or the Federal Board of Elections.
12    (b-1) The disclosure required under this Section must also
13include the name and address of each lobbyist required to
14register under the Lobbyist Registration Act and other agent of
15the bidder, offeror, potential contractor, contractor, or
16subcontractor who is not identified under subsections (a) and
17(b) and who has communicated, is communicating, or may
18communicate with any State officer or employee concerning the
19bid or offer. The disclosure under this subsection is a
20continuing obligation and must be promptly supplemented for
21accuracy throughout the process and throughout the term of the
22contract if the bid or offer is successful.
23    (b-2) The disclosure required under this Section must also
24include, for each of the persons identified in subsection (b)
25or (b-1), each of the following that occurred within the
26previous 10 years: suspension or debarment from contracting

 

 

HB5871- 203 -LRB101 23250 RJF 74399 b

1with any governmental entity; professional licensure
2discipline; bankruptcies; adverse civil judgments and
3administrative findings; and criminal felony convictions. The
4disclosure under this subsection is a continuing obligation and
5must be promptly supplemented for accuracy throughout the
6process and throughout the term of the contract if the bid or
7offer is successful.
8    (c) The disclosure in subsection (b) is not intended to
9prohibit or prevent any contract. The disclosure is meant to
10fully and publicly disclose any potential conflict to the chief
11procurement officers, State purchasing officers, their
12designees, and executive officers so they may adequately
13discharge their duty to protect the State.
14    (d) When a potential for a conflict of interest is
15identified, discovered, or reasonably suspected, the chief
16procurement officer or State procurement officer shall send the
17contract to the Procurement Policy Board and the Commission on
18Equity and Inclusion. In accordance with the objectives of
19subsection (c), if the Procurement Policy Board or the
20Commission on Equity and Inclusion finds evidence of a
21potential conflict of interest not originally disclosed by the
22bidder, offeror, potential contractor, contractor, or
23subcontractor, the Board or the Commission on Equity and
24Inclusion shall provide written notice to the bidder, offeror,
25potential contractor, contractor, or subcontractor that is
26identified, discovered, or reasonably suspected of having a

 

 

HB5871- 204 -LRB101 23250 RJF 74399 b

1potential conflict of interest. The bidder, offeror, potential
2contractor, contractor, or subcontractor shall have 15
3calendar days to respond in writing to the Board or the
4Commission on Equity and Inclusion, and a hearing before the
5Board or the Commission on Equity and Inclusion will be granted
6upon request by the bidder, offeror, potential contractor,
7contractor, or subcontractor, at a date and time to be
8determined by the Board or the Commission on Equity and
9Inclusion, but which in no event shall occur later than 15
10calendar days after the date of the request. Upon
11consideration, the Board or the Commission on Equity and
12Inclusion shall recommend, in writing, whether to allow or void
13the contract, bid, offer, or subcontract weighing the best
14interest of the State of Illinois. All recommendations shall be
15submitted to the Executive Ethics Commission. The Executive
16Ethics Commission must hold a public hearing within 30 calendar
17days after receiving the Board's or the Commission on Equity
18and Inclusion's recommendation if the Procurement Policy Board
19or the Commission on Equity and Inclusion makes a
20recommendation to (i) void a contract or (ii) void a bid or
21offer and the chief procurement officer selected or intends to
22award the contract to the bidder, offeror, or potential
23contractor. A chief procurement officer is prohibited from
24awarding a contract before a hearing if the Board or the
25Commission on Equity and Inclusion recommendation does not
26support a bid or offer. The recommendation and proceedings of

 

 

HB5871- 205 -LRB101 23250 RJF 74399 b

1any hearing, if applicable, shall be available to the public.
2    (e) These thresholds and disclosure do not relieve the
3chief procurement officer, the State purchasing officer, or
4their designees from reasonable care and diligence for any
5contract, bid, offer, or submission to a vendor portal. The
6chief procurement officer, the State purchasing officer, or
7their designees shall be responsible for using any reasonably
8known and publicly available information to discover any
9undisclosed potential conflict of interest and act to protect
10the best interest of the State of Illinois.
11    (f) Inadvertent or accidental failure to fully disclose
12shall render the contract, bid, offer, proposal, subcontract,
13or relationship voidable by the chief procurement officer if he
14or she deems it in the best interest of the State of Illinois
15and, at his or her discretion, may be cause for barring from
16future contracts, bids, offers, proposals, subcontracts, or
17relationships with the State for a period of up to 2 years.
18    (g) Intentional, willful, or material failure to disclose
19shall render the contract, bid, offer, proposal, subcontract,
20or relationship voidable by the chief procurement officer if he
21or she deems it in the best interest of the State of Illinois
22and shall result in debarment from future contracts, bids,
23offers, proposals, subcontracts, or relationships for a period
24of not less than 2 years and not more than 10 years.
25Reinstatement after 2 years and before 10 years must be
26reviewed and commented on in writing by the Governor of the

 

 

HB5871- 206 -LRB101 23250 RJF 74399 b

1State of Illinois, or by an executive ethics board or
2commission he or she might designate. The comment shall be
3returned to the responsible chief procurement officer who must
4rule in writing whether and when to reinstate.
5    (h) In addition, all disclosures shall note any other
6current or pending contracts, bids, offers, proposals,
7subcontracts, leases, or other ongoing procurement
8relationships the bidder, offeror, potential contractor,
9contractor, or subcontractor has with any other unit of State
10government and shall clearly identify the unit and the
11contract, offer, proposal, lease, or other relationship.
12    (i) The bidder, offeror, potential contractor, or
13contractor has a continuing obligation to supplement the
14disclosure required by this Section throughout the bidding
15process during the term of any contract, and during the vendor
16portal registration process.
17(Source: P.A. 97-490, eff. 8-22-11; 97-895, eff. 8-3-12;
1898-1076, eff. 1-1-15.)
 
19    Section 115-130. The Business Enterprise for Minorities,
20Women, and Persons with Disabilities Act is amended by changing
21Sections 2, 4, 4f, 5, 7, and 8 and by adding Section 5.5 as
22follows:
 
23    (30 ILCS 575/2)
24    (Section scheduled to be repealed on June 30, 2024)

 

 

HB5871- 207 -LRB101 23250 RJF 74399 b

1    Sec. 2. Definitions.
2    (A) For the purpose of this Act, the following terms shall
3have the following definitions:
4        (1) "Minority person" shall mean a person who is a
5    citizen or lawful permanent resident of the United States
6    and who is any of the following:
7            (a) American Indian or Alaska Native (a person
8        having origins in any of the original peoples of North
9        and South America, including Central America, and who
10        maintains tribal affiliation or community attachment).
11            (b) Asian (a person having origins in any of the
12        original peoples of the Far East, Southeast Asia, or
13        the Indian subcontinent, including, but not limited
14        to, Cambodia, China, India, Japan, Korea, Malaysia,
15        Pakistan, the Philippine Islands, Thailand, and
16        Vietnam).
17            (c) Black or African American (a person having
18        origins in any of the black racial groups of Africa).
19            (d) Hispanic or Latino (a person of Cuban, Mexican,
20        Puerto Rican, South or Central American, or other
21        Spanish culture or origin, regardless of race).
22            (e) Native Hawaiian or Other Pacific Islander (a
23        person having origins in any of the original peoples of
24        Hawaii, Guam, Samoa, or other Pacific Islands).
25        (2) "Woman" shall mean a person who is a citizen or
26    lawful permanent resident of the United States and who is

 

 

HB5871- 208 -LRB101 23250 RJF 74399 b

1    of the female gender.
2        (2.05) "Person with a disability" means a person who is
3    a citizen or lawful resident of the United States and is a
4    person qualifying as a person with a disability under
5    subdivision (2.1) of this subsection (A).
6        (2.1) "Person with a disability" means a person with a
7    severe physical or mental disability that:
8            (a) results from:
9            amputation,
10            arthritis,
11            autism,
12            blindness,
13            burn injury,
14            cancer,
15            cerebral palsy,
16            Crohn's disease,
17            cystic fibrosis,
18            deafness,
19            head injury,
20            heart disease,
21            hemiplegia,
22            hemophilia,
23            respiratory or pulmonary dysfunction,
24            an intellectual disability,
25            mental illness,
26            multiple sclerosis,

 

 

HB5871- 209 -LRB101 23250 RJF 74399 b

1            muscular dystrophy,
2            musculoskeletal disorders,
3            neurological disorders, including stroke and
4        epilepsy,
5            paraplegia,
6            quadriplegia and other spinal cord conditions,
7            sickle cell anemia,
8            ulcerative colitis,
9            specific learning disabilities, or
10            end stage renal failure disease; and
11            (b) substantially limits one or more of the
12        person's major life activities.
13        Another disability or combination of disabilities may
14    also be considered as a severe disability for the purposes
15    of item (a) of this subdivision (2.1) if it is determined
16    by an evaluation of rehabilitation potential to cause a
17    comparable degree of substantial functional limitation
18    similar to the specific list of disabilities listed in item
19    (a) of this subdivision (2.1).
20        (3) "Minority-owned business" means a business which
21    is at least 51% owned by one or more minority persons, or
22    in the case of a corporation, at least 51% of the stock in
23    which is owned by one or more minority persons; and the
24    management and daily business operations of which are
25    controlled by one or more of the minority individuals who
26    own it.

 

 

HB5871- 210 -LRB101 23250 RJF 74399 b

1        (4) "Women-owned business" means a business which is at
2    least 51% owned by one or more women, or, in the case of a
3    corporation, at least 51% of the stock in which is owned by
4    one or more women; and the management and daily business
5    operations of which are controlled by one or more of the
6    women who own it.
7        (4.1) "Business owned by a person with a disability"
8    means a business that is at least 51% owned by one or more
9    persons with a disability and the management and daily
10    business operations of which are controlled by one or more
11    of the persons with disabilities who own it. A
12    not-for-profit agency for persons with disabilities that
13    is exempt from taxation under Section 501 of the Internal
14    Revenue Code of 1986 is also considered a "business owned
15    by a person with a disability".
16        (4.2) "Council" means the Business Enterprise Council
17    for Minorities, Women, and Persons with Disabilities
18    created under Section 5 of this Act.
19        (4.3) "Commission" means, unless the context clearly
20    indicates otherwise, the Commission on Equity and
21    Inclusion created under the Commission on Equity and
22    Inclusion Act.
23        (5) "State contracts" means all contracts entered into
24    by the State, any agency or department thereof, or any
25    public institution of higher education, including
26    community college districts, regardless of the source of

 

 

HB5871- 211 -LRB101 23250 RJF 74399 b

1    the funds with which the contracts are paid, which are not
2    subject to federal reimbursement. "State contracts" does
3    not include contracts awarded by a retirement system,
4    pension fund, or investment board subject to Section
5    1-109.1 of the Illinois Pension Code. This definition shall
6    control over any existing definition under this Act or
7    applicable administrative rule.
8        "State construction contracts" means all State
9    contracts entered into by a State agency or public
10    institution of higher education for the repair,
11    remodeling, renovation or construction of a building or
12    structure, or for the construction or maintenance of a
13    highway defined in Article 2 of the Illinois Highway Code.
14        (6) "State agencies" shall mean all departments,
15    officers, boards, commissions, institutions and bodies
16    politic and corporate of the State, but does not include
17    the Board of Trustees of the University of Illinois, the
18    Board of Trustees of Southern Illinois University, the
19    Board of Trustees of Chicago State University, the Board of
20    Trustees of Eastern Illinois University, the Board of
21    Trustees of Governors State University, the Board of
22    Trustees of Illinois State University, the Board of
23    Trustees of Northeastern Illinois University, the Board of
24    Trustees of Northern Illinois University, the Board of
25    Trustees of Western Illinois University, municipalities or
26    other local governmental units, or other State

 

 

HB5871- 212 -LRB101 23250 RJF 74399 b

1    constitutional officers.
2        (7) "Public institutions of higher education" means
3    the University of Illinois, Southern Illinois University,
4    Chicago State University, Eastern Illinois University,
5    Governors State University, Illinois State University,
6    Northeastern Illinois University, Northern Illinois
7    University, Western Illinois University, the public
8    community colleges of the State, and any other public
9    universities, colleges, and community colleges now or
10    hereafter established or authorized by the General
11    Assembly.
12        (8) "Certification" means a determination made by the
13    Council or by one delegated authority from the Council to
14    make certifications, or by a State agency with statutory
15    authority to make such a certification, that a business
16    entity is a business owned by a minority, woman, or person
17    with a disability for whatever purpose. A business owned
18    and controlled by women shall be certified as a
19    "woman-owned business". A business owned and controlled by
20    women who are also minorities shall be certified as both a
21    "women-owned business" and a "minority-owned business".
22        (9) "Control" means the exclusive or ultimate and sole
23    control of the business including, but not limited to,
24    capital investment and all other financial matters,
25    property, acquisitions, contract negotiations, legal
26    matters, officer-director-employee selection and

 

 

HB5871- 213 -LRB101 23250 RJF 74399 b

1    comprehensive hiring, operating responsibilities,
2    cost-control matters, income and dividend matters,
3    financial transactions and rights of other shareholders or
4    joint partners. Control shall be real, substantial and
5    continuing, not pro forma. Control shall include the power
6    to direct or cause the direction of the management and
7    policies of the business and to make the day-to-day as well
8    as major decisions in matters of policy, management and
9    operations. Control shall be exemplified by possessing the
10    requisite knowledge and expertise to run the particular
11    business and control shall not include simple majority or
12    absentee ownership.
13        (10) "Business" means a business that has annual gross
14    sales of less than $75,000,000 as evidenced by the federal
15    income tax return of the business. A firm with gross sales
16    in excess of this cap may apply to the Council for
17    certification for a particular contract if the firm can
18    demonstrate that the contract would have significant
19    impact on businesses owned by minorities, women, or persons
20    with disabilities as suppliers or subcontractors or in
21    employment of minorities, women, or persons with
22    disabilities.
23        (11) "Utilization plan" means a form and additional
24    documentations included in all bids or proposals that
25    demonstrates a vendor's proposed utilization of vendors
26    certified by the Business Enterprise Program to meet the

 

 

HB5871- 214 -LRB101 23250 RJF 74399 b

1    targeted goal. The utilization plan shall demonstrate that
2    the Vendor has either: (1) met the entire contract goal or
3    (2) requested a full or partial waiver and made good faith
4    efforts towards meeting the goal.
5        (12) "Business Enterprise Program" means the Business
6    Enterprise Program of the Department of Central Management
7    Services.
8    (B) When a business is owned at least 51% by any
9combination of minority persons, women, or persons with
10disabilities, even though none of the 3 classes alone holds at
11least a 51% interest, the ownership requirement for purposes of
12this Act is considered to be met or in excess of the entire
13contract goal. The certification category for the business is
14that of the class holding the largest ownership interest in the
15business. If 2 or more classes have equal ownership interests,
16the certification category shall be determined by the business.
17(Source: P.A. 100-391, eff. 8-25-17; 101-601, eff. 1-1-20.)
 
18    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
19    (Section scheduled to be repealed on June 30, 2024)
20    Sec. 4. Award of State contracts.
21    (a) Except as provided in subsection (b), not less than 20%
22of the total dollar amount of State contracts, as defined by
23the Secretary of the Council and approved by the Council, shall
24be established as an aspirational goal to be awarded to
25businesses owned by minorities, women, and persons with

 

 

HB5871- 215 -LRB101 23250 RJF 74399 b

1disabilities; provided, however, that of the total amount of
2all State contracts awarded to businesses owned by minorities,
3women, and persons with disabilities pursuant to this Section,
4contracts representing at least 11% shall be awarded to
5businesses owned by minorities, contracts representing at
6least 7% shall be awarded to women-owned businesses, and
7contracts representing at least 2% shall be awarded to
8businesses owned by persons with disabilities.
9    The above percentage relates to the total dollar amount of
10State contracts during each State fiscal year, calculated by
11examining independently each type of contract for each agency
12or public institutions of higher education which lets such
13contracts. Only that percentage of arrangements which
14represents the participation of businesses owned by
15minorities, women, and persons with disabilities on such
16contracts shall be included. State contracts subject to the
17requirements of this Act shall include the requirement that
18only expenditures to businesses owned by minorities, women, and
19persons with disabilities that perform a commercially useful
20function may be counted toward the goals set forth by this Act.
21Contracts shall include a definition of "commercially useful
22function" that is consistent with 49 CFR 26.55(c).
23    (b) Not less than 20% of the total dollar amount of State
24construction contracts is established as an aspirational goal
25to be awarded to businesses owned by minorities, women, and
26persons with disabilities; provided that, contracts

 

 

HB5871- 216 -LRB101 23250 RJF 74399 b

1representing at least 11% of the total dollar amount of State
2construction contracts shall be awarded to businesses owned by
3minorities; contracts representing at least 7% of the total
4dollar amount of State construction contracts shall be awarded
5to women-owned businesses; and contracts representing at least
62% of the total dollar amount of State construction contracts
7shall be awarded to businesses owned by persons with
8disabilities.
9    (c) (Blank).
10    (d) Within one year after April 28, 2009 (the effective
11date of Public Act 96-8), the Department of Central Management
12Services shall conduct a social scientific study that measures
13the impact of discrimination on minority and women business
14development in Illinois. Within 18 months after April 28, 2009
15(the effective date of Public Act 96-8), the Department shall
16issue a report of its findings and any recommendations on
17whether to adjust the goals for minority and women
18participation established in this Act. Copies of this report
19and the social scientific study shall be filed with the
20Governor and the General Assembly.
21    By December 1, 2020, the Department of Central Management
22