Full Text of SB0534 101st General Assembly
SB0534enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Labor Law of the
Civil | 5 | | Administrative Code of Illinois is amended by adding Section | 6 | | 1505-215 as follows: | 7 | | (20 ILCS 1505/1505-215 new) | 8 | | Sec. 1505-215. Bureau on Apprenticeship Programs; Advisory | 9 | | Board. | 10 | | (a) There is created within the Department of Labor a | 11 | | Bureau on Apprenticeship Programs. This Bureau shall work to | 12 | | increase minority participation in active apprentice programs | 13 | | in Illinois that are approved by the United States Department | 14 | | of Labor. The Bureau shall identify barriers to minorities | 15 | | gaining access to construction careers and make | 16 | | recommendations to the Governor and the General Assembly for | 17 | | policies to remove those barriers. The Department may hire | 18 | | staff to perform outreach in promoting diversity in active | 19 | | apprenticeship programs approved by the United States | 20 | | Department of Labor. The Bureau shall annually compile racial | 21 | | and gender workforce diversity information from contractors | 22 | | receiving State or other public funds and by labor unions with | 23 | | members working on projects receiving State or other public |
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| 1 | | funds. | 2 | | (b) There is created the Advisory Board for Diversity in | 3 | | Active Apprenticeship Programs Approved by the United States | 4 | | Department of Labor. This Advisory Board shall be composed of | 5 | | 12 legislators; 3 members appointed by the President of the | 6 | | Senate, 3 members appointed by the Speaker of the House of | 7 | | Representatives, 3 members appointed by the Minority Leader of | 8 | | the Senate, and 3 members appointed by the Minority Leader of | 9 | | the House of Representatives. The President of the Senate and | 10 | | the Speaker of the House of Representatives shall each appoint | 11 | | a co-chairperson. Members of the Advisory Board shall receive | 12 | | no compensation for serving as members of the Advisory Board. | 13 | | The Advisory Board shall meet quarterly. The Advisory Board may | 14 | | request necessary additional information from the Department, | 15 | | other State agencies, or public institutions of higher | 16 | | education for the purposes of performing its duties under this | 17 | | Section. The Advisory Board may advise the Department of | 18 | | programs to increase diversity in active apprenticeship | 19 | | programs. The Department shall provide administrative support | 20 | | and staffing for the Advisory Board. | 21 | | Section 10. The Business Enterprise for Minorities, Women, | 22 | | and Persons with
Disabilities Act is amended by changing | 23 | | Sections 4, 4f, 7, and 9 as follows:
| 24 | | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
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| 1 | | (Section scheduled to be repealed on June 30, 2020)
| 2 | | Sec. 4. Award of State contracts.
| 3 | | (a) Except as provided in subsections (b) and (c), not less | 4 | | than 20% of
the total dollar amount of State contracts, as | 5 | | defined by the Secretary of
the Council and approved by the | 6 | | Council, shall be established as an aspirational goal to
be | 7 | | awarded to businesses owned by minorities,
women, and persons | 8 | | with disabilities; provided, however, that
of the total amount | 9 | | of all
State contracts awarded to businesses owned by
| 10 | | minorities, women, and persons with disabilities pursuant to
| 11 | | this Section, contracts representing at least 11% shall be | 12 | | awarded to businesses owned by minorities, contracts | 13 | | representing at least 7% shall be awarded to women-owned | 14 | | businesses, and contracts representing at least 2% shall be | 15 | | awarded to businesses owned by persons with disabilities.
| 16 | | The above percentage relates to the total dollar amount of | 17 | | State
contracts during each State fiscal year, calculated by | 18 | | examining
independently each type of contract for each agency | 19 | | or public institutions of higher education which
lets such | 20 | | contracts. Only that percentage of arrangements which | 21 | | represents the participation of businesses owned by
| 22 | | minorities, women, and persons with disabilities on such | 23 | | contracts shall
be included.
| 24 | | (b) Not In the case of State construction contracts, the | 25 | | provisions of
subsection (a) requiring a portion of State | 26 | | contracts to be awarded to
businesses owned and controlled by |
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| 1 | | persons with
disabilities do not apply. The following | 2 | | aspirational goals are established for State construction | 3 | | contracts: not less
than 20% of the total dollar amount of | 4 | | State construction contracts is
established as an aspirational | 5 | | a goal to be awarded to businesses owned by minorities, women, | 6 | | and persons with disabilities; provided that, contracts | 7 | | representing at least 11% of the total dollar amount of State | 8 | | construction contracts shall be awarded to businesses owned by | 9 | | minorities; contracts representing at least 7% of the total | 10 | | dollar amount of State construction contracts shall be awarded | 11 | | to women-owned businesses; and contracts representing at least | 12 | | 2% of the total dollar amount of State construction contracts | 13 | | shall be awarded to businesses owned by persons with | 14 | | disabilities minority-owned and women-owned
businesses .
| 15 | | (c) (Blank). In the case of all work undertaken by the | 16 | | University of Illinois related to the planning, organization, | 17 | | and staging of the games, the University of Illinois shall | 18 | | establish a goal of awarding not less than 25% of the annual | 19 | | dollar value of all contracts, purchase orders, and other | 20 | | agreements (collectively referred to as "the contracts") to | 21 | | minority-owned businesses or businesses owned by a person with | 22 | | a disability and 5% of the annual dollar value the contracts to | 23 | | women-owned businesses. For purposes of this subsection, the | 24 | | term "games" has the meaning set forth in the Olympic Games and | 25 | | Paralympic Games (2016) Law. | 26 | | (d) Within one year after April 28, 2009 (the effective |
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| 1 | | date of Public Act 96-8), the Department of Central Management | 2 | | Services shall conduct a social scientific study that measures | 3 | | the impact of discrimination on minority and women business | 4 | | development in Illinois. Within 18 months after April 28, 2009 | 5 | | (the effective date of Public Act 96-8), the Department shall | 6 | | issue a report of its findings and any recommendations on | 7 | | whether to adjust the goals for minority and women | 8 | | participation established in this Act. Copies of this report | 9 | | and the social scientific study shall be filed with the | 10 | | Governor and the General Assembly. | 11 | | By December 1, 2020, the Department of Central Management | 12 | | Services shall conduct a new social scientific study that | 13 | | measures the impact of discrimination on minority and women | 14 | | business development in Illinois. By June 1, 2022, the | 15 | | Department shall issue a report of its findings and any | 16 | | recommendations on whether to adjust the goals for minority and | 17 | | women participation established in this Act. Copies of this | 18 | | report and the social scientific study shall be filed with the | 19 | | Governor, the Advisory Board, and the General Assembly. | 20 | | (e) Except as permitted under this Act or as otherwise | 21 | | mandated by federal law or regulation, those who submit bids or | 22 | | proposals for State contracts subject to the provisions of this | 23 | | Act, whose bids or proposals are successful and include a | 24 | | utilization plan but that fail to meet the goals set forth in | 25 | | subsection (b) of this Section, shall be notified of that | 26 | | deficiency and shall be afforded a period not to exceed 10 |
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| 1 | | calendar days from the date of notification to cure that | 2 | | deficiency in the bid or proposal. The deficiency in the bid or | 3 | | proposal may only be cured by contracting with additional | 4 | | subcontractors who are owned by minorities or women . Any | 5 | | increase in cost to
a contract for the addition of a | 6 | | subcontractor to cure a bid's deficiency
shall not be used in | 7 | | the request for an exemption in this Act, and , but in no case | 8 | | shall an identified subcontractor with a certification made | 9 | | pursuant to this Act be terminated from the contract without | 10 | | the written consent of the State agency or public institution | 11 | | of higher education entering into the contract. | 12 | | (f) Non-construction solicitations that include Business | 13 | | Enterprise Program participation goals shall require bidders | 14 | | and offerors to include utilization plans. Utilization plans | 15 | | are due at the time of bid or offer submission. Failure to | 16 | | complete and include a utilization plan, including | 17 | | documentation demonstrating good faith effort when requesting | 18 | | a waiver, shall render the bid or offer non-responsive. | 19 | | (Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16; | 20 | | 100-391, eff. 8-25-17.) | 21 | | (30 ILCS 575/4f) | 22 | | (Section scheduled to be repealed on June 30, 2020) | 23 | | Sec. 4f. Award of State contracts. | 24 | | (1) It is hereby declared to be the public policy of the | 25 | | State of Illinois to promote and encourage each State agency |
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| 1 | | and public institution of higher education to use businesses | 2 | | owned by minorities, women, and persons with disabilities in | 3 | | the area of goods and services, including, but not limited to, | 4 | | insurance services, investment management services, | 5 | | information technology services, accounting services, | 6 | | architectural and engineering services, and legal services. | 7 | | Furthermore, each State agency and public institution of higher | 8 | | education shall utilize such firms to the greatest extent | 9 | | feasible within the bounds of financial and fiduciary prudence, | 10 | | and take affirmative steps to remove any barriers to the full | 11 | | participation of such firms in the procurement and contracting | 12 | | opportunities afforded. | 13 | | (a) When a State agency or public institution of higher | 14 | | education, other than a community college, awards a | 15 | | contract for insurance services, for each State agency or | 16 | | public institution of higher education, it shall be the | 17 | | aspirational goal to use insurance brokers owned by | 18 | | minorities, women, and persons with disabilities as | 19 | | defined by this Act, for not less than 20% of the total | 20 | | annual premiums or fees ; provided that, contracts | 21 | | representing at least 11% of the total annual premiums or | 22 | | fees shall be awarded to businesses owned by minorities; | 23 | | contracts representing at least 7% of the total annual | 24 | | premiums or fees shall be awarded to women-owned | 25 | | businesses; and contracts representing at least 2% of the | 26 | | total annual premiums or fees shall be awarded to |
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| 1 | | businesses owned by persons with disabilities . | 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 | | (c) When a State agency or public institution of higher | 21 | | education, other than a community college, awards | 22 | | contracts for information technology services, accounting | 23 | | services, architectural and engineering services, and | 24 | | legal services, for each State agency and public | 25 | | institution of higher education, it shall be the | 26 | | aspirational goal to use such firms owned by minorities, |
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| 1 | | women, and persons with disabilities as defined by this Act | 2 | | and lawyers who are minorities, women, and persons with | 3 | | disabilities as defined by this Act, for not less than 20% | 4 | | of the total dollar amount of State contracts ; provided | 5 | | that, contracts representing at least 11% of the total | 6 | | dollar amount of State contracts shall be awarded to | 7 | | businesses owned by minorities or minority lawyers; | 8 | | contracts representing at least 7% of the total dollar | 9 | | amount of State contracts shall be awarded to women-owned | 10 | | businesses or women who are lawyers; and contracts | 11 | | representing at least 2% of the total dollar amount of | 12 | | State contracts shall be awarded to businesses owned by | 13 | | persons with disabilities or persons with disabilities who | 14 | | are lawyers . | 15 | | (d) When a community college awards a contract for | 16 | | insurance services, investment services, information | 17 | | technology services, accounting services, architectural | 18 | | and engineering services, and legal services, it shall be | 19 | | the aspirational goal of each community college to use | 20 | | businesses owned by minorities, women, and persons with | 21 | | disabilities as defined in this Act for not less than 20% | 22 | | of the total amount spent on contracts for these services | 23 | | collectively ; provided that, contracts representing at | 24 | | least 11% of the total amount spent on contracts for these | 25 | | services shall be awarded to businesses owned by | 26 | | minorities; contracts representing at least 7% of the total |
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| 1 | | amount spent on contracts for these services shall be | 2 | | awarded to women-owned businesses; and contracts | 3 | | representing at least 2% of the total amount spent on | 4 | | contracts for these services shall be awarded to businesses | 5 | | owned by persons with disabilities . When a community | 6 | | college awards contracts for investment services, | 7 | | contracts awarded to investment managers who are not | 8 | | emerging investment managers as defined in this Act shall | 9 | | not be considered businesses owned by minorities, women, or | 10 | | persons with disabilities for the purposes of this Section. | 11 | | (2) As used in this Section: | 12 | | "Accounting services" means the measurement, | 13 | | processing and communication of financial information | 14 | | about economic entities including, but is not limited to, | 15 | | financial accounting, management accounting, auditing, | 16 | | cost containment and auditing services, taxation and | 17 | | accounting information systems. | 18 | | "Architectural and engineering services" means | 19 | | professional services of an architectural or engineering | 20 | | nature, or incidental services, that members of the | 21 | | architectural and engineering professions, and individuals | 22 | | in their employ, may logically or justifiably perform, | 23 | | including studies, investigations, surveying and mapping, | 24 | | tests, evaluations, consultations, comprehensive planning, | 25 | | program management, conceptual designs, plans and | 26 | | specifications, value engineering, construction phase |
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| 1 | | services, soils engineering, drawing reviews, preparation | 2 | | of operating and maintenance manuals, and other related | 3 | | services. | 4 | | "Emerging investment manager" means an investment | 5 | | manager or claims consultant having assets under | 6 | | management below $10 billion or otherwise adjudicating | 7 | | claims. | 8 | | "Information technology services" means, but is not | 9 | | limited to, specialized technology-oriented solutions by | 10 | | combining the processes and functions of software, | 11 | | hardware, networks, telecommunications, web designers, | 12 | | cloud developing resellers, and electronics. | 13 | | "Insurance broker" means an insurance brokerage firm, | 14 | | claims administrator, or both, that procures, places all | 15 | | lines of insurance, or administers claims with annual | 16 | | premiums or fees of at least $5,000,000 but not more than | 17 | | $10,000,000. | 18 | | "Legal services" means work performed by a lawyer | 19 | | including, but not limited to, contracts in anticipation of | 20 | | litigation, enforcement actions, or investigations. | 21 | | (3) Each State agency and public institution of higher | 22 | | education shall adopt policies that identify its plan and | 23 | | implementation procedures for increasing the use of service | 24 | | firms owned by minorities, women, and persons with | 25 | | disabilities. | 26 | | (4) Except as provided in subsection (5), the Council shall |
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| 1 | | file no later than March 1 of each year an annual report to the | 2 | | Governor , the Bureau on Apprenticeship Programs, and the | 3 | | General Assembly. The report filed with the General Assembly | 4 | | shall be filed as required in Section 3.1 of the General | 5 | | Assembly Organization Act. This report shall: (i) identify the | 6 | | service firms used by each State agency and public institution | 7 | | of higher education, (ii) identify the actions it has | 8 | | undertaken to increase the use of service firms owned by | 9 | | minorities, women, and persons with disabilities, including | 10 | | encouraging non-minority-owned firms to use other service | 11 | | firms owned by minorities, women, and persons with disabilities | 12 | | as subcontractors when the opportunities arise, (iii) state any | 13 | | recommendations made by the Council to each State agency and | 14 | | public institution of higher education to increase | 15 | | participation by the use of service firms owned by minorities, | 16 | | women, and persons with disabilities, and (iv) include the | 17 | | following: | 18 | | (A) For insurance services: the names of the insurance | 19 | | brokers or claims consultants used, the total of risk | 20 | | managed by each State agency and public institution of | 21 | | higher education by insurance brokers, the total | 22 | | commissions, fees paid, or both, the lines or insurance | 23 | | policies placed, and the amount of premiums placed; and the | 24 | | percentage of the risk managed by insurance brokers, the | 25 | | percentage of total commission, fees paid, or both, the | 26 | | lines or insurance policies placed, and the amount of |
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| 1 | | premiums placed with each by the insurance brokers owned by | 2 | | minorities, women, and persons with disabilities by each | 3 | | State agency and public institution of higher education. | 4 | | (B) For investment management services: the names of | 5 | | the investment managers used, the total funds under | 6 | | management of investment managers; the total commissions, | 7 | | fees paid, or both; the total and percentage of funds under | 8 | | management of emerging investment managers owned by | 9 | | minorities, women, and persons with disabilities, | 10 | | including the total and percentage of total commissions, | 11 | | fees paid, or both by each State agency and public | 12 | | institution of higher education. | 13 | | (C) The names of service firms, the percentage and | 14 | | total dollar amount paid for professional services by | 15 | | category by each State agency and public institution of | 16 | | higher education. | 17 | | (D) The names of service firms, the percentage and | 18 | | total dollar amount paid for services by category to firms | 19 | | owned by minorities, women, and persons with disabilities | 20 | | by each State agency and public institution of higher | 21 | | education. | 22 | | (E) The total number of contracts awarded for services | 23 | | by category and the total number of contracts awarded to | 24 | | firms owned by minorities, women, and persons with | 25 | | disabilities by each State agency and public institution of | 26 | | higher education. |
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| 1 | | (5) For community college districts, the Business | 2 | | Enterprise Council shall only report the following information | 3 | | for each community college district: (i) the name of the | 4 | | community colleges in the district, (ii) the name and contact | 5 | | information of a person at each community college appointed to | 6 | | be the single point of contact for vendors owned by minorities, | 7 | | women, or persons with disabilities, (iii) the policy of the | 8 | | community college district concerning certified vendors, (iv) | 9 | | the certifications recognized by the community college | 10 | | district for determining whether a business is owned or | 11 | | controlled by a minority, woman, or person with a disability, | 12 | | (v) outreach efforts conducted by the community college | 13 | | district to increase the use of certified vendors, (vi) the | 14 | | total expenditures by the community college district in the | 15 | | prior fiscal year in the divisions of work specified in | 16 | | paragraphs (a), (b), and (c) of subsection (1) of this Section | 17 | | and the amount paid to certified vendors in those divisions of | 18 | | work, and (vii) the total number of contracts entered into for | 19 | | the divisions of work specified in paragraphs (a), (b), and (c) | 20 | | of subsection (1) of this Section and the total number of | 21 | | contracts awarded to certified vendors providing these | 22 | | services to the community college district. The Business | 23 | | Enterprise Council shall not make any utilization reports under | 24 | | this Act for community college districts for Fiscal Year 2015 | 25 | | and Fiscal Year 2016, but shall make the report required by | 26 | | this subsection for Fiscal Year 2017 and for each fiscal year |
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| 1 | | thereafter. The Business Enterprise Council shall report the | 2 | | information in items (i), (ii), (iii), and (iv) of this | 3 | | subsection beginning in September of 2016. The Business | 4 | | Enterprise Council may collect the data needed to make its | 5 | | report from the Illinois Community College Board. | 6 | | (6) The status of the utilization of services shall be | 7 | | discussed at each of the regularly scheduled Business | 8 | | Enterprise Council meetings. Time shall be allotted for the | 9 | | Council to receive, review, and discuss the progress of the use | 10 | | of service firms owned by minorities, women, and persons with | 11 | | disabilities by each State agency and public institution of | 12 | | higher education; and any evidence regarding past or present | 13 | | racial, ethnic, or gender-based discrimination which directly | 14 | | impacts a State agency or public institution of higher | 15 | | education contracting with such firms. If after reviewing such | 16 | | evidence the Council finds that there is or has been such | 17 | | discrimination against a specific group, race or sex, the | 18 | | Council shall establish sheltered markets or adjust existing | 19 | | sheltered markets tailored to address the Council's specific | 20 | | findings for the divisions of work specified in paragraphs (a), | 21 | | (b), and (c) of subsection (1) of this Section.
| 22 | | (Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16; | 23 | | 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, 2020) |
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| 1 | | Sec. 7. Exemptions; waivers; publication of data. | 2 | | (1) Individual contract exemptions.
The Council, on its own | 3 | | initiative or at the written request of the affected agency,
| 4 | | public institution of higher education, or recipient of a grant | 5 | | or loan of State funds of $250,000 or more complying with | 6 | | Section 45 of the State Finance Act, may permit an individual | 7 | | contract or contract package,
(related contracts being bid or | 8 | | awarded simultaneously for the same project
or improvements) be | 9 | | made wholly or partially exempt from State contracting
goals | 10 | | for businesses owned by
minorities, women, and persons with | 11 | | disabilities prior to the advertisement
for bids or | 12 | | solicitation of proposals whenever there has been a
| 13 | | determination, reduced to writing and based on the best | 14 | | information
available at the time of the determination, that | 15 | | there is an insufficient
number of businesses owned by | 16 | | minorities, women, and persons with disabilities to ensure | 17 | | adequate
competition and an expectation of reasonable prices on | 18 | | bids or proposals
solicited for the individual contract or | 19 | | contract package in question. The Council may charge a | 20 | | reasonable fee for written
request of individual contract | 21 | | exemptions. Any such exemptions shall be given by
the Council | 22 | | to the Bureau on Apprenticeship Programs. | 23 | | (a) Written request for contract exemption. A written | 24 | | request for an individual contract exception must include, | 25 | | but is not limited to, the following: | 26 | | (i) a list of qualified businesses owned by |
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| 1 | | minorities, women, and persons with disabilities that | 2 | | would qualify for the purpose of the contract; | 3 | | (ii) each business's deficiency that would impair | 4 | | adequate competition or qualification; | 5 | | (iii) the difference in cost between the contract | 6 | | proposals being offered by businesses owned by | 7 | | minorities, women, and persons with disabilities and | 8 | | the agency or the public institution of higher | 9 | | education's expectations of reasonable prices on bids | 10 | | or proposals within that class; and | 11 | | (iv) a list of qualified businesses owned by | 12 | | minorities, women, and persons with
disabilities that | 13 | | the contractor has used in the most recent fiscal year. | 14 | | (b) Determination. The Council's determination | 15 | | concerning an individual contract exemption must include | 16 | | the following: | 17 | | (i) the justification for each business's | 18 | | disqualification; | 19 | | (ii) the number of waivers of the affected agency, | 20 | | public institution of higher education, or recipient | 21 | | of a grant or loan of State funds of $250,000 or more | 22 | | complying with Section 45 of the State Finance Act that | 23 | | have been granted by the Council for that fiscal year; | 24 | | and | 25 | | (iii) the affected agency or public institution of | 26 | | higher education's most current percentages in |
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| 1 | | contracts awarded to businesses owned by minorities, | 2 | | women, and persons with disabilities for that fiscal | 3 | | year. | 4 | | (2) Class exemptions. | 5 | | (a) Creation. The Council, on its own initiative
or at | 6 | | the written request of the affected agency or public | 7 | | institution of higher education, may permit an entire
class | 8 | | of
contracts be made exempt from State
contracting goals | 9 | | for businesses owned by minorities, women, and persons
with | 10 | | disabilities whenever there has been a determination, | 11 | | reduced to
writing and based on the best information | 12 | | available at the time of the
determination, that there is | 13 | | an insufficient number of qualified businesses owned by | 14 | | minorities, women, and persons with
disabilities to ensure | 15 | | adequate competition and an
expectation of reasonable | 16 | | prices on bids or proposals within that class. Any such | 17 | | exemption shall be given by
the Council to the Bureau on | 18 | | Apprenticeship Programs. | 19 | | (a-1) Written request for class exemption. A written | 20 | | request for a class exception must include, but is not | 21 | | limited to, the following: | 22 | | (i) a list of qualified businesses owned by | 23 | | minorities, women, and persons with disabilities that | 24 | | pertain to the class of contracts in the requested | 25 | | waiver; | 26 | | (ii) each business's deficiency that would impair |
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| 1 | | adequate competition or qualification; | 2 | | (iii) the difference in cost between the contract | 3 | | proposals being offered by businesses owned by | 4 | | minorities, women, and persons with disabilities and | 5 | | the agency or the 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 has | 10 | | requested for that fiscal year. | 11 | | (a-2) Determination. The Council's determination | 12 | | concerning class exemptions must include the following: | 13 | | (i) the justification for each business's | 14 | | disqualification; | 15 | | (ii) the number of waivers of the requesting agency | 16 | | or public institution of higher education that have | 17 | | been granted by the Council for that fiscal year; and | 18 | | (iii) the agency or public institution of higher | 19 | | education's most current percentages in contracts | 20 | | awarded to businesses owned by minorities, women, and | 21 | | persons with disabilities for that fiscal year. | 22 | | (b) Limitation. Any such class exemption shall not be | 23 | | permitted for a
period of more than one year at a time. | 24 | | (3) Waivers. Where a particular contract requires a | 25 | | contractor to meet
a goal established pursuant to this Act, the | 26 | | contractor shall have the right
to request a waiver from such |
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| 1 | | requirements. The Council shall grant the
waiver where the | 2 | | contractor demonstrates that there has been made a good
faith | 3 | | effort to comply with the goals for
participation by businesses | 4 | | owned by minorities, women, and persons with
disabilities. Any | 5 | | such waiver shall also be
transmitted in writing to the Bureau | 6 | | on Apprenticeship Programs. | 7 | | (a) Request for waiver. A contractor's request for a | 8 | | waiver under this subsection (3) must include, but is not | 9 | | limited to, the following: | 10 | | (i) a list of qualified businesses owned by | 11 | | minorities, women, and persons with disabilities that | 12 | | pertain to the class of contracts in the requested | 13 | | waiver; | 14 | | (ii) each business's deficiency that would impair | 15 | | adequate competition or qualification; | 16 | | (iii) the difference in cost between the contract | 17 | | proposals being offered by businesses owned by | 18 | | minorities, women, and persons with disabilities and | 19 | | the agency or the public institution of higher | 20 | | education's expectations of reasonable prices on bids | 21 | | or proposals within that class. | 22 | | (b) Determination. The Council's determination | 23 | | concerning waivers must include following: | 24 | | (i) the justification for each business's | 25 | | disqualification; | 26 | | (ii) the number of waivers the contractor has been |
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| 1 | | granted by the Council for that fiscal year; | 2 | | (iii) the affected agency or public institution of | 3 | | higher education's most current percentages in | 4 | | contracts awarded to businesses owned by minorities, | 5 | | women, and persons with disabilities for that fiscal | 6 | | year; and | 7 | | (iv) a list of qualified businesses owned by | 8 | | minorities, women, and persons with disabilities that | 9 | | the contractor has used in the most recent fiscal year. | 10 | | (3.5) Fees. The Council may charge a fee for a written | 11 | | request on individual
contract exemptions. The Council shall | 12 | | not charge for a first request. For a
second request, the | 13 | | Council shall charge no more than $1,000. For a fifth
request | 14 | | or higher from a contractor, the Council shall charge no more | 15 | | than
$5,000 per request. The Department shall collect the fees | 16 | | under this Section.
Any fee collected under this Section shall | 17 | | be used by the Bureau on
Apprenticeship Programs to increase | 18 | | minority participation in apprenticeship
programs in the | 19 | | State. | 20 | | (4) Conflict with other laws. In the event that any State | 21 | | contract, which
otherwise would be subject to the provisions of | 22 | | this Act, is or becomes
subject to federal laws or regulations | 23 | | which conflict with the provisions
of this Act or actions of | 24 | | the State taken pursuant hereto, the provisions
of the federal | 25 | | laws or regulations shall apply and the contract shall be
| 26 | | interpreted and enforced accordingly. |
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| 1 | | (5) Each chief procurement officer, as defined in the | 2 | | Illinois Procurement Code, shall maintain on his or her | 3 | | official Internet website a database of the following: (i) | 4 | | waivers granted under this Section with respect to contracts | 5 | | under his or her jurisdiction ; (ii) a State agency or public | 6 | | institution of higher education's written request for an | 7 | | exemption of an individual contract or an entire class of | 8 | | contracts; and (iii) the Council's written determination | 9 | | granting or denying a request for an exemption of an individual | 10 | | contract or an entire class of contracts . The database, which | 11 | | shall be updated periodically as necessary, shall be searchable | 12 | | by contractor name and by contracting State agency. | 13 | | (6) Each chief procurement officer, as defined by the | 14 | | Illinois Procurement Code, shall maintain on its website a list | 15 | | of all firms that have been prohibited from bidding, offering, | 16 | | or entering into a contract with the State of Illinois as a | 17 | | result of violations of this Act. | 18 | | Each public notice required by law of the award of a State | 19 | | contract shall include for each bid or offer submitted for that | 20 | | contract the following: (i) the bidder's or offeror's name, | 21 | | (ii) the bid amount, (iii) the name or names of the certified | 22 | | firms identified in the bidder's or offeror's submitted | 23 | | utilization plan, and (iv) the bid's amount and percentage of | 24 | | the contract awarded to businesses owned by minorities, women, | 25 | | and persons with disabilities identified in the utilization | 26 | | plan. |
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| 1 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
| 2 | | (30 ILCS 575/9) (from Ch. 127, par. 132.609)
| 3 | | (Section scheduled to be repealed on June 30, 2020)
| 4 | | Sec. 9. This Act is repealed June 30, 2024 June 30, 2020 . | 5 | | (Source: P.A. 99-514, eff. 6-30-16.)
| 6 | | Section 15. The State Construction Minority and Female | 7 | | Building Trades Act is amended by changing Section 35-15 as | 8 | | follows: | 9 | | (30 ILCS 577/35-15)
| 10 | | Sec. 35-15. Compilation of building trade data. By March 31 | 11 | | of each year, the Illinois Department of Labor shall publish | 12 | | and make available on its official website a report compiling | 13 | | and summarizing demographic trends in the State's building | 14 | | trades apprenticeship programs, with particular attention to | 15 | | race, gender, ethnicity, and national origin of apprentices in | 16 | | labor organizations and other entities in Illinois based on the | 17 | | information submitted to the Department under Section 35-10. | 18 | | The report shall include, but not be limited to, apprentices by | 19 | | gender, apprentices by race and ethnicity, apprentices by | 20 | | national origin, apprentices by gender, race, ethnicity, and | 21 | | national origin in union and non-union programs, | 22 | | apprenticeship programs offered by union and non-union, | 23 | | apprentices by union or non-union, apprenticeship programs by |
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| 1 | | trade, apprentices by trade, apprenticeship programs by length | 2 | | of time.
| 3 | | (Source: P.A. 100-797, eff. 8-10-18.) | 4 | | Section 20. The Criminal Code of 2012 is amended by | 5 | | changing Section 17-10.3 as follows: | 6 | | (720 ILCS 5/17-10.3) | 7 | | Sec. 17-10.3. Deception relating to certification of | 8 | | disadvantaged business enterprises. | 9 | | (a) Fraudulently obtaining or retaining certification. A | 10 | | person
who, in the course of business, fraudulently obtains or | 11 | | retains
certification as a minority-owned business, | 12 | | women-owned business, service-disabled veteran-owned small | 13 | | business, or veteran-owned small business commits
a Class 1 2 | 14 | | felony. | 15 | | (b) Willfully making a false statement. A person who, in | 16 | | the
course of business, willfully makes a false statement | 17 | | whether by affidavit,
report or other representation, to an | 18 | | official or employee of a State
agency or the Business | 19 | | Enterprise Council for Minorities, Women, and Persons with | 20 | | Disabilities for the
purpose of influencing the certification | 21 | | or denial of certification of any
business entity as a | 22 | | minority-owned business, women-owned business, | 23 | | service-disabled veteran-owned small business, or | 24 | | veteran-owned small business
commits a Class 1 2 felony. |
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| 1 | | (c) Willfully obstructing or impeding an official or | 2 | | employee of
any agency in his or her investigation.
Any person | 3 | | who, in the course of business, willfully obstructs or impedes
| 4 | | an official or employee of any State agency or the
Business | 5 | | Enterprise Council for Minorities, Women, and Persons with | 6 | | Disabilities
who is investigating the qualifications of a | 7 | | business
entity which has requested certification as a | 8 | | minority-owned business, women-owned
business, | 9 | | service-disabled veteran-owned small business, or | 10 | | veteran-owned small business commits a Class 1 2 felony. | 11 | | (d) Fraudulently obtaining public moneys reserved for
| 12 | | disadvantaged business enterprises. Any person who, in the | 13 | | course of
business, fraudulently obtains public moneys | 14 | | reserved for, or allocated or
available to, minority-owned | 15 | | businesses, women-owned businesses, service-disabled | 16 | | veteran-owned small businesses, or veteran-owned small | 17 | | businesses commits a
Class 1 2 felony. | 18 | | (e) Definitions. As used in this Article, "minority-owned
| 19 | | business", "women-owned business", "State agency" with respect | 20 | | to minority-owned businesses and women-owned businesses, and | 21 | | "certification" with respect to minority-owned businesses and | 22 | | women-owned businesses shall
have the meanings ascribed to them | 23 | | in Section 2 of the Business Enterprise for
Minorities, Women, | 24 | | and
Persons with Disabilities Act. As used in this Article, | 25 | | "service-disabled veteran-owned small business", | 26 | | "veteran-owned small business", "State agency" with respect to |
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| 1 | | service-disabled veteran-owned small businesses and | 2 | | veteran-owned small businesses, and "certification" with | 3 | | respect to service-disabled veteran-owned small businesses and | 4 | | veteran-owned small businesses have the same meanings as in | 5 | | Section 45-57 of the Illinois Procurement Code.
| 6 | | (Source: P.A. 100-391, eff. 8-25-17.)
| 7 | | Section 99. Effective date. This Act takes effect January | 8 | | 1, 2020. |
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