Full Text of SB0534 101st General Assembly
SB0534eng 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 | | for the purposes of performing its duties under this Section. | 16 | | The Advisory Board may advise the Department of programs to | 17 | | increase diversity in active apprenticeship programs. The | 18 | | Department shall provide administrative support and staffing | 19 | | for the Advisory Board. | 20 | | Section 10. The Business Enterprise for Minorities, Women, | 21 | | and Persons with
Disabilities Act is amended by changing | 22 | | Sections 4, 4f, and 7 as follows:
| 23 | | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
| 24 | | (Section scheduled to be repealed on June 30, 2020)
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| 1 | | Sec. 4. Award of State contracts.
| 2 | | (a) Except as provided in subsections (b) and (c), not less | 3 | | than 20% of
the total dollar amount of State contracts, as | 4 | | defined by the Secretary of
the Council and approved by the | 5 | | Council, shall be established as an aspirational goal to
be | 6 | | awarded to businesses owned by minorities,
women, and persons | 7 | | with disabilities; provided, however, that
of the total amount | 8 | | of all
State contracts awarded to businesses owned by
| 9 | | minorities, women, and persons with disabilities pursuant to
| 10 | | this Section, contracts representing at least 11% shall be | 11 | | awarded to businesses owned by minorities, contracts | 12 | | representing at least 7% shall be awarded to women-owned | 13 | | businesses, and contracts representing at least 2% shall be | 14 | | awarded to businesses owned by persons with disabilities.
| 15 | | The above percentage relates to the total dollar amount of | 16 | | State
contracts during each State fiscal year, calculated by | 17 | | examining
independently each type of contract for each agency | 18 | | or public institutions of higher education which
lets such | 19 | | contracts. Only that percentage of arrangements which | 20 | | represents the participation of businesses owned by
| 21 | | minorities, women, and persons with disabilities on such | 22 | | contracts shall
be included.
| 23 | | (b) Not In the case of State construction contracts, the | 24 | | provisions of
subsection (a) requiring a portion of State | 25 | | contracts to be awarded to
businesses owned and controlled by | 26 | | persons with
disabilities do not apply. The following |
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| 1 | | aspirational goals are established for State construction | 2 | | contracts: not less
than 20% of the total dollar amount of | 3 | | State construction contracts is
established as an aspirational | 4 | | a goal to be awarded to businesses owned by minorities, women, | 5 | | and persons with disabilities; provided that, contracts | 6 | | representing at least 11% of the total dollar amount of State | 7 | | construction contracts shall be awarded to businesses owned by | 8 | | minorities; contracts representing at least 7% of the total | 9 | | dollar amount of State construction contracts shall be awarded | 10 | | to women-owned businesses; and contracts representing at least | 11 | | 2% of the total dollar amount of State construction contracts | 12 | | shall be awarded to businesses owned by persons with | 13 | | disabilities minority-owned and women-owned
businesses .
| 14 | | (c) (Blank). In the case of all work undertaken by the | 15 | | University of Illinois related to the planning, organization, | 16 | | and staging of the games, the University of Illinois shall | 17 | | establish a goal of awarding not less than 25% of the annual | 18 | | dollar value of all contracts, purchase orders, and other | 19 | | agreements (collectively referred to as "the contracts") to | 20 | | minority-owned businesses or businesses owned by a person with | 21 | | a disability and 5% of the annual dollar value the contracts to | 22 | | women-owned businesses. For purposes of this subsection, the | 23 | | term "games" has the meaning set forth in the Olympic Games and | 24 | | Paralympic Games (2016) Law. | 25 | | (d) Within one year after April 28, 2009 (the effective | 26 | | date of Public Act 96-8), the Department of Central Management |
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| 1 | | Services shall conduct a social scientific study that measures | 2 | | the impact of discrimination on minority and women business | 3 | | development in Illinois. Within 18 months after April 28, 2009 | 4 | | (the effective date of Public Act 96-8), the Department shall | 5 | | issue a report of its findings and any recommendations on | 6 | | whether to adjust the goals for minority and women | 7 | | participation established in this Act. Copies of this report | 8 | | and the social scientific study shall be filed with the | 9 | | Governor and the General Assembly. | 10 | | (e) Except as permitted under this Act or as otherwise | 11 | | mandated by federal law or regulation, those who submit bids or | 12 | | proposals for State contracts subject to the provisions of this | 13 | | Act, whose bids or proposals are successful and include a | 14 | | utilization plan but that fail to meet the goals set forth in | 15 | | subsection (b) of this Section, shall be notified of that | 16 | | deficiency and shall be afforded a period not to exceed 10 | 17 | | calendar days from the date of notification to cure that | 18 | | deficiency in the bid or proposal. The deficiency in the bid or | 19 | | proposal may only be cured by contracting with additional | 20 | | subcontractors who are owned by minorities or women, but in no | 21 | | case shall an identified subcontractor with a certification | 22 | | made pursuant to this Act be terminated from the contract | 23 | | without the written consent of the State agency or public | 24 | | institution of higher education entering into the contract. | 25 | | (f) Non-construction solicitations that include Business | 26 | | Enterprise Program participation goals shall require bidders |
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| 1 | | and offerors to include utilization plans. Utilization plans | 2 | | are due at the time of bid or offer submission. Failure to | 3 | | complete and include a utilization plan, including | 4 | | documentation demonstrating good faith effort when requesting | 5 | | a waiver, shall render the bid or offer non-responsive. | 6 | | (Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16; | 7 | | 100-391, eff. 8-25-17.) | 8 | | (30 ILCS 575/4f) | 9 | | (Section scheduled to be repealed on June 30, 2020) | 10 | | Sec. 4f. Award of State contracts. | 11 | | (1) It is hereby declared to be the public policy of the | 12 | | State of Illinois to promote and encourage each State agency | 13 | | and public institution of higher education to use businesses | 14 | | owned by minorities, women, and persons with disabilities in | 15 | | the area of goods and services, including, but not limited to, | 16 | | insurance services, investment management services, | 17 | | information technology services, accounting services, | 18 | | architectural and engineering services, and legal services. | 19 | | Furthermore, each State agency and public institution of higher | 20 | | education shall utilize such firms to the greatest extent | 21 | | feasible within the bounds of financial and fiduciary prudence, | 22 | | and take affirmative steps to remove any barriers to the full | 23 | | participation of such firms in the procurement and contracting | 24 | | opportunities afforded. | 25 | | (a) When a State agency or public institution of higher |
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| 1 | | education, other than a community college, awards a | 2 | | contract for insurance services, for each State agency or | 3 | | public institution of higher education, it shall be the | 4 | | aspirational goal to use insurance brokers owned by | 5 | | minorities, women, and persons with disabilities as | 6 | | defined by this Act, for not less than 20% of the total | 7 | | annual premiums or fees ; provided that, contracts | 8 | | representing at least 11% of the total annual premiums or | 9 | | fees shall be awarded to businesses owned by minorities; | 10 | | contracts representing at least 7% of the total annual | 11 | | premiums or fees shall be awarded to women-owned | 12 | | businesses; and contracts representing at least 2% of the | 13 | | total annual premiums or fees shall be awarded to | 14 | | businesses owned by persons with disabilities . | 15 | | (b) When a State agency or public institution of higher | 16 | | education, other than a community college, awards a | 17 | | contract for investment services, for each State agency or | 18 | | public institution of higher education, it shall be the | 19 | | aspirational goal to use emerging investment managers | 20 | | owned by minorities, women, and persons with disabilities | 21 | | as defined by this Act, for not less than 20% of the total | 22 | | funds under management ; provided that, contracts | 23 | | representing at least 11% of the total funds under | 24 | | management shall be awarded to businesses owned by | 25 | | minorities; contracts representing at least 7% of the total | 26 | | funds under management shall be awarded to women-owned |
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| 1 | | businesses; and contracts representing at least 2% of the | 2 | | total funds under management shall be awarded to businesses | 3 | | owned by persons with disabilities . Furthermore, it is the | 4 | | aspirational goal that not less than 20% of the direct | 5 | | asset managers of the State funds be minorities, women, and | 6 | | persons with disabilities. | 7 | | (c) When a State agency or public institution of higher | 8 | | education, other than a community college, awards | 9 | | contracts for information technology services, accounting | 10 | | services, architectural and engineering services, and | 11 | | legal services, for each State agency and public | 12 | | institution of higher education, it shall be the | 13 | | aspirational goal to use such firms owned by minorities, | 14 | | women, and persons with disabilities as defined by this Act | 15 | | and lawyers who are minorities, women, and persons with | 16 | | disabilities as defined by this Act, for not less than 20% | 17 | | of the total dollar amount of State contracts ; provided | 18 | | that, contracts representing at least 11% of the total | 19 | | dollar amount of State contracts shall be awarded to | 20 | | businesses owned by minorities or minority lawyers; | 21 | | contracts representing at least 7% of the total dollar | 22 | | amount of State contracts shall be awarded to women-owned | 23 | | businesses or women who are lawyers; and contracts | 24 | | representing at least 2% of the total dollar amount of | 25 | | State contracts shall be awarded to businesses owned by | 26 | | persons with disabilities or persons with disabilities who |
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| 1 | | are lawyers . | 2 | | (d) When a community college awards a contract for | 3 | | insurance services, investment services, information | 4 | | technology services, accounting services, architectural | 5 | | and engineering services, and legal services, it shall be | 6 | | the aspirational goal of each community college to use | 7 | | businesses owned by minorities, women, and persons with | 8 | | disabilities as defined in this Act for not less than 20% | 9 | | of the total amount spent on contracts for these services | 10 | | collectively ; provided that, contracts representing at | 11 | | least 11% of the total amount spent on contracts for these | 12 | | services shall be awarded to businesses owned by | 13 | | minorities; contracts representing at least 7% of the total | 14 | | amount spent on contracts for these services shall be | 15 | | awarded to women-owned businesses; and contracts | 16 | | representing at least 2% of the total amount spent on | 17 | | contracts for these services shall be awarded to businesses | 18 | | owned by persons with disabilities . When a community | 19 | | college awards contracts for investment services, | 20 | | contracts awarded to investment managers who are not | 21 | | emerging investment managers as defined in this Act shall | 22 | | not be considered businesses owned by minorities, women, or | 23 | | persons with disabilities for the purposes of this Section. | 24 | | (2) As used in this Section: | 25 | | "Accounting services" means the measurement, | 26 | | processing and communication of financial information |
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| 1 | | about economic entities including, but is not limited to, | 2 | | financial accounting, management accounting, auditing, | 3 | | cost containment and auditing services, taxation and | 4 | | accounting information systems. | 5 | | "Architectural and engineering services" means | 6 | | professional services of an architectural or engineering | 7 | | nature, or incidental services, that members of the | 8 | | architectural and engineering professions, and individuals | 9 | | in their employ, may logically or justifiably perform, | 10 | | including studies, investigations, surveying and mapping, | 11 | | tests, evaluations, consultations, comprehensive planning, | 12 | | program management, conceptual designs, plans and | 13 | | specifications, value engineering, construction phase | 14 | | services, soils engineering, drawing reviews, preparation | 15 | | of operating and maintenance manuals, and other related | 16 | | services. | 17 | | "Emerging investment manager" means an investment | 18 | | manager or claims consultant having assets under | 19 | | management below $10 billion or otherwise adjudicating | 20 | | claims. | 21 | | "Information technology services" means, but is not | 22 | | limited to, specialized technology-oriented solutions by | 23 | | combining the processes and functions of software, | 24 | | hardware, networks, telecommunications, web designers, | 25 | | cloud developing resellers, and electronics. | 26 | | "Insurance broker" means an insurance brokerage firm, |
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| 1 | | claims administrator, or both, that procures, places all | 2 | | lines of insurance, or administers claims with annual | 3 | | premiums or fees of at least $5,000,000 but not more than | 4 | | $10,000,000. | 5 | | "Legal services" means work performed by a lawyer | 6 | | including, but not limited to, contracts in anticipation of | 7 | | litigation, enforcement actions, or investigations. | 8 | | (3) Each State agency and public institution of higher | 9 | | education shall adopt policies that identify its plan and | 10 | | implementation procedures for increasing the use of service | 11 | | firms owned by minorities, women, and persons with | 12 | | disabilities. | 13 | | (4) Except as provided in subsection (5), the Council shall | 14 | | file no later than March 1 of each year an annual report to the | 15 | | Governor and the General Assembly. The report filed with the | 16 | | General Assembly shall be filed as required in Section 3.1 of | 17 | | the General Assembly Organization Act. This report shall: (i) | 18 | | identify the service firms used by each State agency and public | 19 | | institution of higher education, (ii) identify the actions it | 20 | | has undertaken to increase the use of service firms owned by | 21 | | minorities, women, and persons with disabilities, including | 22 | | encouraging non-minority-owned firms to use other service | 23 | | firms owned by minorities, women, and persons with disabilities | 24 | | as subcontractors when the opportunities arise, (iii) state any | 25 | | recommendations made by the Council to each State agency and | 26 | | public institution of higher education to increase |
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| 1 | | participation by the use of service firms owned by minorities, | 2 | | women, and persons with disabilities, and (iv) include the | 3 | | following: | 4 | | (A) For insurance services: the names of the insurance | 5 | | brokers or claims consultants used, the total of risk | 6 | | managed by each State agency and public institution of | 7 | | higher education by insurance brokers, the total | 8 | | commissions, fees paid, or both, the lines or insurance | 9 | | policies placed, and the amount of premiums placed; and the | 10 | | percentage of the risk managed by insurance brokers, the | 11 | | percentage of total commission, fees paid, or both, the | 12 | | lines or insurance policies placed, and the amount of | 13 | | premiums placed with each by the insurance brokers owned by | 14 | | minorities, women, and persons with disabilities by each | 15 | | State agency and public institution of higher education. | 16 | | (B) For investment management services: the names of | 17 | | the investment managers used, the total funds under | 18 | | management of investment managers; the total commissions, | 19 | | fees paid, or both; the total and percentage of funds under | 20 | | management of emerging investment managers owned by | 21 | | minorities, women, and persons with disabilities, | 22 | | including the total and percentage of total commissions, | 23 | | fees paid, or both by each State agency and public | 24 | | institution of higher education. | 25 | | (C) The names of service firms, the percentage and | 26 | | total dollar amount paid for professional services by |
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| 1 | | category by each State agency and public institution of | 2 | | higher education. | 3 | | (D) The names of service firms, the percentage and | 4 | | total dollar amount paid for services by category to firms | 5 | | owned by minorities, women, and persons with disabilities | 6 | | by each State agency and public institution of higher | 7 | | education. | 8 | | (E) The total number of contracts awarded for services | 9 | | by category and the total number of contracts awarded to | 10 | | firms owned by minorities, women, and persons with | 11 | | disabilities by each State agency and public institution of | 12 | | higher education. | 13 | | (5) For community college districts, the Business | 14 | | Enterprise Council shall only report the following information | 15 | | for each community college district: (i) the name of the | 16 | | community colleges in the district, (ii) the name and contact | 17 | | information of a person at each community college appointed to | 18 | | be the single point of contact for vendors owned by minorities, | 19 | | women, or persons with disabilities, (iii) the policy of the | 20 | | community college district concerning certified vendors, (iv) | 21 | | the certifications recognized by the community college | 22 | | district for determining whether a business is owned or | 23 | | controlled by a minority, woman, or person with a disability, | 24 | | (v) outreach efforts conducted by the community college | 25 | | district to increase the use of certified vendors, (vi) the | 26 | | total expenditures by the community college district in the |
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| 1 | | prior fiscal year in the divisions of work specified in | 2 | | paragraphs (a), (b), and (c) of subsection (1) of this Section | 3 | | and the amount paid to certified vendors in those divisions of | 4 | | work, and (vii) the total number of contracts entered into for | 5 | | the divisions of work specified in paragraphs (a), (b), and (c) | 6 | | of subsection (1) of this Section and the total number of | 7 | | contracts awarded to certified vendors providing these | 8 | | services to the community college district. The Business | 9 | | Enterprise Council shall not make any utilization reports under | 10 | | this Act for community college districts for Fiscal Year 2015 | 11 | | and Fiscal Year 2016, but shall make the report required by | 12 | | this subsection for Fiscal Year 2017 and for each fiscal year | 13 | | thereafter. The Business Enterprise Council shall report the | 14 | | information in items (i), (ii), (iii), and (iv) of this | 15 | | subsection beginning in September of 2016. The Business | 16 | | Enterprise Council may collect the data needed to make its | 17 | | report from the Illinois Community College Board. | 18 | | (6) The status of the utilization of services shall be | 19 | | discussed at each of the regularly scheduled Business | 20 | | Enterprise Council meetings. Time shall be allotted for the | 21 | | Council to receive, review, and discuss the progress of the use | 22 | | of service firms owned by minorities, women, and persons with | 23 | | disabilities by each State agency and public institution of | 24 | | higher education; and any evidence regarding past or present | 25 | | racial, ethnic, or gender-based discrimination which directly | 26 | | impacts a State agency or public institution of higher |
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| 1 | | education contracting with such firms. If after reviewing such | 2 | | evidence the Council finds that there is or has been such | 3 | | discrimination against a specific group, race or sex, the | 4 | | Council shall establish sheltered markets or adjust existing | 5 | | sheltered markets tailored to address the Council's specific | 6 | | findings for the divisions of work specified in paragraphs (a), | 7 | | (b), and (c) of subsection (1) of this Section.
| 8 | | (Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16; | 9 | | 100-391, eff. 8-25-17.) | 10 | | (30 ILCS 575/7) (from Ch. 127, par. 132.607) | 11 | | (Section scheduled to be repealed on June 30, 2020) | 12 | | Sec. 7. Exemptions; waivers; publication of data. | 13 | | (1) Individual contract exemptions.
The Council, on its own | 14 | | initiative or at the request of the affected agency,
public | 15 | | institution of higher education, or recipient of a grant or | 16 | | loan of State funds of $250,000 or more complying with Section | 17 | | 45 of the State Finance Act, may permit an individual contract | 18 | | or contract package,
(related contracts being bid or awarded | 19 | | simultaneously for the same project
or improvements) be made | 20 | | wholly or partially exempt from State contracting
goals for | 21 | | businesses owned by
minorities, women, and persons with | 22 | | disabilities prior to the advertisement
for bids or | 23 | | solicitation of proposals whenever there has been a
| 24 | | determination, reduced to writing and based on the best | 25 | | information
available at the time of the determination, that |
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| 1 | | there is an insufficient
number of businesses owned by | 2 | | minorities, women, and persons with disabilities to ensure | 3 | | adequate
competition and an expectation of reasonable prices on | 4 | | bids or proposals
solicited for the individual contract or | 5 | | contract package in question. | 6 | | (a) Written request for contract exemption. A written | 7 | | request for an individual contract exception must include, | 8 | | but is not limited to, the following: | 9 | | (i) a list of qualified businesses owned by | 10 | | minorities, women, and persons with disabilities that | 11 | | would qualify for the purpose of the contract; | 12 | | (ii) each business's deficiency that would impair | 13 | | adequate competition or qualification; and | 14 | | (iii) the difference in cost between the contract | 15 | | proposals being offered by businesses owned by | 16 | | minorities, women, and persons with disabilities and | 17 | | the agency or the public institution of higher | 18 | | education's expectations of reasonable prices on bids | 19 | | or proposals within that class. | 20 | | (b) Determination. The Council's determination | 21 | | concerning an individual contract exemption must include | 22 | | the following: | 23 | | (i) the justification for each business's | 24 | | disqualification; | 25 | | (ii) the number of waivers of the affected agency, | 26 | | public institution of higher education, or recipient |
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| 1 | | of a grant or loan of State funds of $250,000 or more | 2 | | complying with Section 45 of the State Finance Act that | 3 | | have been granted by the Council for that fiscal year; | 4 | | and | 5 | | (iii) the affected agency or public institution of | 6 | | higher education's most current percentages in | 7 | | contracts awarded to businesses owned by minorities, | 8 | | women, and persons with disabilities for that fiscal | 9 | | year. | 10 | | (2) Class exemptions. | 11 | | (a) Creation. The Council, on its own initiative
or at | 12 | | the request of the affected agency or public institution of | 13 | | higher education, may permit an entire
class of
contracts | 14 | | be made exempt from State
contracting goals for businesses | 15 | | owned by minorities, women, and persons
with disabilities | 16 | | whenever there has been a determination, reduced to
writing | 17 | | and based on the best information available at the time of | 18 | | the
determination, that there is an insufficient number of | 19 | | qualified businesses owned by minorities, women, and | 20 | | persons with
disabilities to ensure adequate competition | 21 | | and an
expectation of reasonable prices on bids or | 22 | | proposals within that class. | 23 | | (a-1) Written request for class exemption. A written | 24 | | request for a class exception must include, but is not | 25 | | limited to, the following: | 26 | | (i) a list of qualified businesses owned by |
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| 1 | | minorities, women, and persons with disabilities that | 2 | | pertain to the class of contracts in the requested | 3 | | waiver; | 4 | | (ii) each business's deficiency that would impair | 5 | | adequate competition or qualification; and | 6 | | (iii) the difference in cost between the contract | 7 | | proposals being offered by businesses owned by | 8 | | minorities, women, and persons with disabilities and | 9 | | the agency or the public institution of higher | 10 | | education's expectations of reasonable prices on bids | 11 | | or proposals within that class. | 12 | | (a-2) Determination. The Council's determination | 13 | | concerning class exemptions must include the following: | 14 | | (i) the justification for each business's | 15 | | disqualification; | 16 | | (ii) the number of waivers of the requesting agency | 17 | | or public institution of higher education that have | 18 | | been granted by the Council for that fiscal year; and | 19 | | (iii) the agency or public institution of higher | 20 | | education's most current percentages in contracts | 21 | | awarded to businesses owned by minorities, women, and | 22 | | persons with disabilities for that fiscal year. | 23 | | (b) Limitation. Any such class exemption shall not be | 24 | | permitted for a
period of more than one year at a time. | 25 | | (3) Waivers. Where a particular contract requires a | 26 | | contractor to meet
a goal established pursuant to this Act, the |
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| 1 | | contractor shall have the right
to request a waiver from such | 2 | | requirements. The Council shall grant the
waiver where the | 3 | | contractor demonstrates that there has been made a good
faith | 4 | | effort to comply with the goals for
participation by businesses | 5 | | owned by minorities, women, and persons with
disabilities. | 6 | | (a) Request for waiver. A contractor's request for a | 7 | | waiver under this subsection (3) must include, but is not | 8 | | limited to, the following: | 9 | | (i) a list of qualified businesses owned by | 10 | | minorities, women, and persons with disabilities that | 11 | | pertain to the class of contracts in the requested | 12 | | waiver; | 13 | | (ii) each business's deficiency that would impair | 14 | | adequate competition or qualification; | 15 | | (iii) the difference in cost between the contract | 16 | | proposals being offered by businesses owned by | 17 | | minorities, women, and persons with disabilities and | 18 | | the agency or the public institution of higher | 19 | | education's expectations of reasonable prices on bids | 20 | | or proposals within that class. | 21 | | (b) Determination. The Council's determination | 22 | | concerning waivers must include following: | 23 | | (i) the justification for each business's | 24 | | disqualification; | 25 | | (ii) the number of waivers the contractor has been | 26 | | granted by the Council for that fiscal year; and |
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| 1 | | (iii) the affected agency or public institution of | 2 | | higher education's most current percentages in | 3 | | contracts awarded to businesses owned by minorities, | 4 | | women, and persons with disabilities for that fiscal | 5 | | year. | 6 | | (4) Conflict with other laws. In the event that any State | 7 | | contract, which
otherwise would be subject to the provisions of | 8 | | this Act, is or becomes
subject to federal laws or regulations | 9 | | which conflict with the provisions
of this Act or actions of | 10 | | the State taken pursuant hereto, the provisions
of the federal | 11 | | laws or regulations shall apply and the contract shall be
| 12 | | interpreted and enforced accordingly. | 13 | | (5) Each chief procurement officer, as defined in the | 14 | | Illinois Procurement Code, shall maintain on his or her | 15 | | official Internet website a database of the following: (i) | 16 | | waivers granted under this Section with respect to contracts | 17 | | under his or her jurisdiction ; (ii) a State agency or public | 18 | | institution of higher education's written request for an | 19 | | exemption of an individual contract or an entire class of | 20 | | contracts; and (iii) the Council's written determination | 21 | | granting or denying a request for an exemption of an individual | 22 | | contract or an entire class of contracts . The database, which | 23 | | shall be updated periodically as necessary, shall be searchable | 24 | | by contractor name and by contracting State agency. | 25 | | (6) Each chief procurement officer, as defined by the | 26 | | Illinois Procurement Code, shall maintain on its website a list |
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| 1 | | of all firms that have been prohibited from bidding, offering, | 2 | | or entering into a contract with the State of Illinois as a | 3 | | result of violations of this Act. | 4 | | Each public notice required by law of the award of a State | 5 | | contract shall include for each bid or offer submitted for that | 6 | | contract the following: (i) the bidder's or offeror's name, | 7 | | (ii) the bid amount, (iii) the name or names of the certified | 8 | | firms identified in the bidder's or offeror's submitted | 9 | | utilization plan, and (iv) the bid's amount and percentage of | 10 | | the contract awarded to businesses owned by minorities, women, | 11 | | and persons with disabilities identified in the utilization | 12 | | plan. | 13 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.) | 14 | | Section 15. The Criminal Code of 2012 is amended by | 15 | | changing Section 17-10.3 as follows: | 16 | | (720 ILCS 5/17-10.3) | 17 | | Sec. 17-10.3. Deception relating to certification of | 18 | | disadvantaged business enterprises. | 19 | | (a) Fraudulently obtaining or retaining certification. A | 20 | | person
who, in the course of business, fraudulently obtains or | 21 | | retains
certification as a minority-owned business, | 22 | | women-owned business, service-disabled veteran-owned small | 23 | | business, or veteran-owned small business commits
a Class 1 2 | 24 | | felony. |
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| 1 | | (b) Willfully making a false statement. A person who, in | 2 | | the
course of business, willfully makes a false statement | 3 | | whether by affidavit,
report or other representation, to an | 4 | | official or employee of a State
agency or the Business | 5 | | Enterprise Council for Minorities, Women, and Persons with | 6 | | Disabilities for the
purpose of influencing the certification | 7 | | or denial of certification of any
business entity as a | 8 | | minority-owned business, women-owned business, | 9 | | service-disabled veteran-owned small business, or | 10 | | veteran-owned small business
commits a Class 1 2 felony. | 11 | | (c) Willfully obstructing or impeding an official or | 12 | | employee of
any agency in his or her investigation.
Any person | 13 | | who, in the course of business, willfully obstructs or impedes
| 14 | | an official or employee of any State agency or the
Business | 15 | | Enterprise Council for Minorities, Women, and Persons with | 16 | | Disabilities
who is investigating the qualifications of a | 17 | | business
entity which has requested certification as a | 18 | | minority-owned business, women-owned
business, | 19 | | service-disabled veteran-owned small business, or | 20 | | veteran-owned small business commits a Class 1 2 felony. | 21 | | (d) Fraudulently obtaining public moneys reserved for
| 22 | | disadvantaged business enterprises. Any person who, in the | 23 | | course of
business, fraudulently obtains public moneys | 24 | | reserved for, or allocated or
available to, minority-owned | 25 | | businesses, women-owned businesses, service-disabled | 26 | | veteran-owned small businesses, or veteran-owned small |
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| 1 | | businesses commits a
Class 1 2 felony. | 2 | | (e) Definitions. As used in this Article, "minority-owned
| 3 | | business", "women-owned business", "State agency" with respect | 4 | | to minority-owned businesses and women-owned businesses, and | 5 | | "certification" with respect to minority-owned businesses and | 6 | | women-owned businesses shall
have the meanings ascribed to them | 7 | | in Section 2 of the Business Enterprise for
Minorities, Women, | 8 | | and
Persons with Disabilities Act. As used in this Article, | 9 | | "service-disabled veteran-owned small business", | 10 | | "veteran-owned small business", "State agency" with respect to | 11 | | service-disabled veteran-owned small businesses and | 12 | | veteran-owned small businesses, and "certification" with | 13 | | respect to service-disabled veteran-owned small businesses and | 14 | | veteran-owned small businesses have the same meanings as in | 15 | | Section 45-57 of the Illinois Procurement Code.
| 16 | | (Source: P.A. 100-391, eff. 8-25-17.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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