SB0534enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
SB0534 EnrolledLRB101 04295 RJF 49303 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Labor Law of the Civil
5Administrative Code of Illinois is amended by adding Section
61505-215 as follows:
 
7    (20 ILCS 1505/1505-215 new)
8    Sec. 1505-215. Bureau on Apprenticeship Programs; Advisory
9Board.
10    (a) There is created within the Department of Labor a
11Bureau on Apprenticeship Programs. This Bureau shall work to
12increase minority participation in active apprentice programs
13in Illinois that are approved by the United States Department
14of Labor. The Bureau shall identify barriers to minorities
15gaining access to construction careers and make
16recommendations to the Governor and the General Assembly for
17policies to remove those barriers. The Department may hire
18staff to perform outreach in promoting diversity in active
19apprenticeship programs approved by the United States
20Department of Labor. The Bureau shall annually compile racial
21and gender workforce diversity information from contractors
22receiving State or other public funds and by labor unions with
23members working on projects receiving State or other public

 

 

SB0534 Enrolled- 2 -LRB101 04295 RJF 49303 b

1funds.
2    (b) There is created the Advisory Board for Diversity in
3Active Apprenticeship Programs Approved by the United States
4Department of Labor. This Advisory Board shall be composed of
512 legislators; 3 members appointed by the President of the
6Senate, 3 members appointed by the Speaker of the House of
7Representatives, 3 members appointed by the Minority Leader of
8the Senate, and 3 members appointed by the Minority Leader of
9the House of Representatives. The President of the Senate and
10the Speaker of the House of Representatives shall each appoint
11a co-chairperson. Members of the Advisory Board shall receive
12no compensation for serving as members of the Advisory Board.
13The Advisory Board shall meet quarterly. The Advisory Board may
14request necessary additional information from the Department,
15other State agencies, or public institutions of higher
16education for the purposes of performing its duties under this
17Section. The Advisory Board may advise the Department of
18programs to increase diversity in active apprenticeship
19programs. The Department shall provide administrative support
20and staffing for the Advisory Board.
 
21    Section 10. The Business Enterprise for Minorities, Women,
22and Persons with Disabilities Act is amended by changing
23Sections 4, 4f, 7, and 9 as follows:
 
24    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)

 

 

SB0534 Enrolled- 3 -LRB101 04295 RJF 49303 b

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
4than 20% of the total dollar amount of State contracts, as
5defined by the Secretary of the Council and approved by the
6Council, shall be established as an aspirational goal to be
7awarded to businesses owned by minorities, women, and persons
8with disabilities; provided, however, that of the total amount
9of all State contracts awarded to businesses owned by
10minorities, women, and persons with disabilities pursuant to
11this Section, contracts representing at least 11% shall be
12awarded to businesses owned by minorities, contracts
13representing at least 7% shall be awarded to women-owned
14businesses, and contracts representing at least 2% shall be
15awarded to businesses owned by persons with disabilities.
16    The above percentage relates to the total dollar amount of
17State contracts during each State fiscal year, calculated by
18examining independently each type of contract for each agency
19or public institutions of higher education which lets such
20contracts. Only that percentage of arrangements which
21represents the participation of businesses owned by
22minorities, women, and persons with disabilities on such
23contracts shall be included.
24    (b) Not In the case of State construction contracts, the
25provisions of subsection (a) requiring a portion of State
26contracts to be awarded to businesses owned and controlled by

 

 

SB0534 Enrolled- 4 -LRB101 04295 RJF 49303 b

1persons with disabilities do not apply. The following
2aspirational goals are established for State construction
3contracts: not less than 20% of the total dollar amount of
4State construction contracts is established as an aspirational
5a goal to be awarded to businesses owned by minorities, women,
6and persons with disabilities; provided that, contracts
7representing at least 11% of the total dollar amount of State
8construction contracts shall be awarded to businesses owned by
9minorities; contracts representing at least 7% of the total
10dollar amount of State construction contracts shall be awarded
11to women-owned businesses; and contracts representing at least
122% of the total dollar amount of State construction contracts
13shall be awarded to businesses owned by persons with
14disabilities minority-owned and women-owned businesses.
15    (c) (Blank). In the case of all work undertaken by the
16University of Illinois related to the planning, organization,
17and staging of the games, the University of Illinois shall
18establish a goal of awarding not less than 25% of the annual
19dollar value of all contracts, purchase orders, and other
20agreements (collectively referred to as "the contracts") to
21minority-owned businesses or businesses owned by a person with
22a disability and 5% of the annual dollar value the contracts to
23women-owned businesses. For purposes of this subsection, the
24term "games" has the meaning set forth in the Olympic Games and
25Paralympic Games (2016) Law.
26    (d) Within one year after April 28, 2009 (the effective

 

 

SB0534 Enrolled- 5 -LRB101 04295 RJF 49303 b

1date of Public Act 96-8), the Department of Central Management
2Services shall conduct a social scientific study that measures
3the impact of discrimination on minority and women business
4development in Illinois. Within 18 months after April 28, 2009
5(the effective date of Public Act 96-8), the Department shall
6issue a report of its findings and any recommendations on
7whether to adjust the goals for minority and women
8participation established in this Act. Copies of this report
9and the social scientific study shall be filed with the
10Governor and the General Assembly.
11    By December 1, 2020, the Department of Central Management
12Services shall conduct a new social scientific study that
13measures the impact of discrimination on minority and women
14business development in Illinois. By June 1, 2022, the
15Department shall issue a report of its findings and any
16recommendations on whether to adjust the goals for minority and
17women participation established in this Act. Copies of this
18report and the social scientific study shall be filed with the
19Governor, the Advisory Board, and the General Assembly.
20    (e) Except as permitted under this Act or as otherwise
21mandated by federal law or regulation, those who submit bids or
22proposals for State contracts subject to the provisions of this
23Act, whose bids or proposals are successful and include a
24utilization plan but that fail to meet the goals set forth in
25subsection (b) of this Section, shall be notified of that
26deficiency and shall be afforded a period not to exceed 10

 

 

SB0534 Enrolled- 6 -LRB101 04295 RJF 49303 b

1calendar days from the date of notification to cure that
2deficiency in the bid or proposal. The deficiency in the bid or
3proposal may only be cured by contracting with additional
4subcontractors who are owned by minorities or women. Any
5increase in cost to a contract for the addition of a
6subcontractor to cure a bid's deficiency shall not be used in
7the request for an exemption in this Act, and , but in no case
8shall an identified subcontractor with a certification made
9pursuant to this Act be terminated from the contract without
10the written consent of the State agency or public institution
11of higher education entering into the contract.
12    (f) Non-construction solicitations that include Business
13Enterprise Program participation goals shall require bidders
14and offerors to include utilization plans. Utilization plans
15are due at the time of bid or offer submission. Failure to
16complete and include a utilization plan, including
17documentation demonstrating good faith effort when requesting
18a 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;
20100-391, 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
25State of Illinois to promote and encourage each State agency

 

 

SB0534 Enrolled- 7 -LRB101 04295 RJF 49303 b

1and public institution of higher education to use businesses
2owned by minorities, women, and persons with disabilities in
3the area of goods and services, including, but not limited to,
4insurance services, investment management services,
5information technology services, accounting services,
6architectural and engineering services, and legal services.
7Furthermore, each State agency and public institution of higher
8education shall utilize such firms to the greatest extent
9feasible within the bounds of financial and fiduciary prudence,
10and take affirmative steps to remove any barriers to the full
11participation of such firms in the procurement and contracting
12opportunities 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

 

 

SB0534 Enrolled- 8 -LRB101 04295 RJF 49303 b

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,

 

 

SB0534 Enrolled- 9 -LRB101 04295 RJF 49303 b

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

 

 

SB0534 Enrolled- 10 -LRB101 04295 RJF 49303 b

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

 

 

SB0534 Enrolled- 11 -LRB101 04295 RJF 49303 b

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
22education shall adopt policies that identify its plan and
23implementation procedures for increasing the use of service
24firms owned by minorities, women, and persons with
25disabilities.
26    (4) Except as provided in subsection (5), the Council shall

 

 

SB0534 Enrolled- 12 -LRB101 04295 RJF 49303 b

1file no later than March 1 of each year an annual report to the
2Governor, the Bureau on Apprenticeship Programs, and the
3General Assembly. The report filed with the General Assembly
4shall be filed as required in Section 3.1 of the General
5Assembly Organization Act. This report shall: (i) identify the
6service firms used by each State agency and public institution
7of higher education, (ii) identify the actions it has
8undertaken to increase the use of service firms owned by
9minorities, women, and persons with disabilities, including
10encouraging non-minority-owned firms to use other service
11firms owned by minorities, women, and persons with disabilities
12as subcontractors when the opportunities arise, (iii) state any
13recommendations made by the Council to each State agency and
14public institution of higher education to increase
15participation by the use of service firms owned by minorities,
16women, and persons with disabilities, and (iv) include the
17following:
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

 

 

SB0534 Enrolled- 13 -LRB101 04295 RJF 49303 b

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.

 

 

SB0534 Enrolled- 14 -LRB101 04295 RJF 49303 b

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

 

 

SB0534 Enrolled- 15 -LRB101 04295 RJF 49303 b

1thereafter. The Business Enterprise Council shall report the
2information in items (i), (ii), (iii), and (iv) of this
3subsection beginning in September of 2016. The Business
4Enterprise Council may collect the data needed to make its
5report from the Illinois Community College Board.
6    (6) The status of the utilization of services shall be
7discussed at each of the regularly scheduled Business
8Enterprise Council meetings. Time shall be allotted for the
9Council to receive, review, and discuss the progress of the use
10of service firms owned by minorities, women, and persons with
11disabilities by each State agency and public institution of
12higher education; and any evidence regarding past or present
13racial, ethnic, or gender-based discrimination which directly
14impacts a State agency or public institution of higher
15education contracting with such firms. If after reviewing such
16evidence the Council finds that there is or has been such
17discrimination against a specific group, race or sex, the
18Council shall establish sheltered markets or adjust existing
19sheltered markets tailored to address the Council's specific
20findings 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;
23100-391, 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)

 

 

SB0534 Enrolled- 16 -LRB101 04295 RJF 49303 b

1    Sec. 7. Exemptions; waivers; publication of data.
2    (1) Individual contract exemptions. The Council, on its own
3initiative or at the written request of the affected agency,
4public institution of higher education, or recipient of a grant
5or loan of State funds of $250,000 or more complying with
6Section 45 of the State Finance Act, may permit an individual
7contract or contract package, (related contracts being bid or
8awarded simultaneously for the same project or improvements) be
9made wholly or partially exempt from State contracting goals
10for businesses 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. The Council may charge a
20reasonable fee for written request of individual contract
21exemptions. Any such exemptions shall be given by the Council
22to 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

 

 

SB0534 Enrolled- 17 -LRB101 04295 RJF 49303 b

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

 

 

SB0534 Enrolled- 18 -LRB101 04295 RJF 49303 b

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

 

 

SB0534 Enrolled- 19 -LRB101 04295 RJF 49303 b

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
25contractor to meet a goal established pursuant to this Act, the
26contractor shall have the right to request a waiver from such

 

 

SB0534 Enrolled- 20 -LRB101 04295 RJF 49303 b

1requirements. The Council shall grant the waiver where the
2contractor demonstrates that there has been made a good faith
3effort to comply with the goals for participation by businesses
4owned by minorities, women, and persons with disabilities. Any
5such waiver shall also be transmitted in writing to the Bureau
6on 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

 

 

SB0534 Enrolled- 21 -LRB101 04295 RJF 49303 b

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
11request on individual contract exemptions. The Council shall
12not charge for a first request. For a second request, the
13Council shall charge no more than $1,000. For a fifth request
14or higher from a contractor, the Council shall charge no more
15than $5,000 per request. The Department shall collect the fees
16under this Section. Any fee collected under this Section shall
17be used by the Bureau on Apprenticeship Programs to increase
18minority participation in apprenticeship programs in the
19State.
20    (4) Conflict with other laws. In the event that any State
21contract, which otherwise would be subject to the provisions of
22this Act, is or becomes subject to federal laws or regulations
23which conflict with the provisions of this Act or actions of
24the State taken pursuant hereto, the provisions of the federal
25laws or regulations shall apply and the contract shall be
26interpreted and enforced accordingly.

 

 

SB0534 Enrolled- 22 -LRB101 04295 RJF 49303 b

1    (5) Each chief procurement officer, as defined in the
2Illinois Procurement Code, shall maintain on his or her
3official Internet website a database of the following: (i)
4waivers granted under this Section with respect to contracts
5under his or her jurisdiction; (ii) a State agency or public
6institution of higher education's written request for an
7exemption of an individual contract or an entire class of
8contracts; and (iii) the Council's written determination
9granting or denying a request for an exemption of an individual
10contract or an entire class of contracts. The database, which
11shall be updated periodically as necessary, shall be searchable
12by contractor name and by contracting State agency.
13    (6) Each chief procurement officer, as defined by the
14Illinois Procurement Code, shall maintain on its website a list
15of all firms that have been prohibited from bidding, offering,
16or entering into a contract with the State of Illinois as a
17result of violations of this Act.
18    Each public notice required by law of the award of a State
19contract shall include for each bid or offer submitted for that
20contract the following: (i) the bidder's or offeror's name,
21(ii) the bid amount, (iii) the name or names of the certified
22firms identified in the bidder's or offeror's submitted
23utilization plan, and (iv) the bid's amount and percentage of
24the contract awarded to businesses owned by minorities, women,
25and persons with disabilities identified in the utilization
26plan.

 

 

SB0534 Enrolled- 23 -LRB101 04295 RJF 49303 b

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
7Building Trades Act is amended by changing Section 35-15 as
8follows:
 
9    (30 ILCS 577/35-15)
10    Sec. 35-15. Compilation of building trade data. By March 31
11of each year, the Illinois Department of Labor shall publish
12and make available on its official website a report compiling
13and summarizing demographic trends in the State's building
14trades apprenticeship programs, with particular attention to
15race, gender, ethnicity, and national origin of apprentices in
16labor organizations and other entities in Illinois based on the
17information submitted to the Department under Section 35-10.
18The report shall include, but not be limited to, apprentices by
19gender, apprentices by race and ethnicity, apprentices by
20national origin, apprentices by gender, race, ethnicity, and
21national origin in union and non-union programs,
22apprenticeship programs offered by union and non-union,
23apprentices by union or non-union, apprenticeship programs by

 

 

SB0534 Enrolled- 24 -LRB101 04295 RJF 49303 b

1trade, apprentices by trade, apprenticeship programs by length
2of time.
3(Source: P.A. 100-797, eff. 8-10-18.)
 
4    Section 20. The Criminal Code of 2012 is amended by
5changing Section 17-10.3 as follows:
 
6    (720 ILCS 5/17-10.3)
7    Sec. 17-10.3. Deception relating to certification of
8disadvantaged business enterprises.
9    (a) Fraudulently obtaining or retaining certification. A
10person who, in the course of business, fraudulently obtains or
11retains certification as a minority-owned business,
12women-owned business, service-disabled veteran-owned small
13business, or veteran-owned small business commits a Class 1 2
14felony.
15    (b) Willfully making a false statement. A person who, in
16the course of business, willfully makes a false statement
17whether by affidavit, report or other representation, to an
18official or employee of a State agency or the Business
19Enterprise Council for Minorities, Women, and Persons with
20Disabilities for the purpose of influencing the certification
21or denial of certification of any business entity as a
22minority-owned business, women-owned business,
23service-disabled veteran-owned small business, or
24veteran-owned small business commits a Class 1 2 felony.

 

 

SB0534 Enrolled- 25 -LRB101 04295 RJF 49303 b

1    (c) Willfully obstructing or impeding an official or
2employee of any agency in his or her investigation. Any person
3who, in the course of business, willfully obstructs or impedes
4an official or employee of any State agency or the Business
5Enterprise Council for Minorities, Women, and Persons with
6Disabilities who is investigating the qualifications of a
7business entity which has requested certification as a
8minority-owned business, women-owned business,
9service-disabled veteran-owned small business, or
10veteran-owned small business commits a Class 1 2 felony.
11    (d) Fraudulently obtaining public moneys reserved for
12disadvantaged business enterprises. Any person who, in the
13course of business, fraudulently obtains public moneys
14reserved for, or allocated or available to, minority-owned
15businesses, women-owned businesses, service-disabled
16veteran-owned small businesses, or veteran-owned small
17businesses commits a Class 1 2 felony.
18    (e) Definitions. As used in this Article, "minority-owned
19business", "women-owned business", "State agency" with respect
20to minority-owned businesses and women-owned businesses, and
21"certification" with respect to minority-owned businesses and
22women-owned businesses shall have the meanings ascribed to them
23in Section 2 of the Business Enterprise for Minorities, Women,
24and 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

 

 

SB0534 Enrolled- 26 -LRB101 04295 RJF 49303 b

1service-disabled veteran-owned small businesses and
2veteran-owned small businesses, and "certification" with
3respect to service-disabled veteran-owned small businesses and
4veteran-owned small businesses have the same meanings as in
5Section 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
81, 2020.