Illinois General Assembly - Full Text of SB0534
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Full Text of SB0534  101st General Assembly

SB0534sam005 101ST GENERAL ASSEMBLY

Sen. Emil Jones, III

Filed: 5/23/2019

 

 


 

 


 
10100SB0534sam005LRB101 04295 RJF 61151 a

1
AMENDMENT TO SENATE BILL 534

2    AMENDMENT NO. ______. Amend Senate Bill 534 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1policies to remove those barriers. The Department may hire
2staff to perform outreach in promoting diversity in active
3apprenticeship programs approved by the United States
4Department of Labor. The Bureau shall annually compile racial
5and gender workforce diversity information from contractors
6receiving State or other public funds and by labor unions with
7members working on projects receiving State or other public
8funds.
9    (b) There is created the Advisory Board for Diversity in
10Active Apprenticeship Programs Approved by the United States
11Department of Labor. This Advisory Board shall be composed of
1212 legislators; 3 members appointed by the President of the
13Senate, 3 members appointed by the Speaker of the House of
14Representatives, 3 members appointed by the Minority Leader of
15the Senate, and 3 members appointed by the Minority Leader of
16the House of Representatives. The President of the Senate and
17the Speaker of the House of Representatives shall each appoint
18a co-chairperson. Members of the Advisory Board shall receive
19no compensation for serving as members of the Advisory Board.
20The Advisory Board shall meet quarterly. The Advisory Board may
21request necessary additional information from the Department
22for the purposes of performing its duties under this Section.
23The Advisory Board may advise the Department of programs to
24increase diversity in active apprenticeship programs. The
25Department shall provide administrative support and staffing
26for the Advisory Board.
 

 

 

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1    Section 10. The Business Enterprise for Minorities, Women,
2and Persons with Disabilities Act is amended by changing
3Sections 4, 4f, and 7 as follows:
 
4    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
5    (Section scheduled to be repealed on June 30, 2020)
6    Sec. 4. Award of State contracts.
7    (a) Except as provided in subsections (b) and (c), not less
8than 20% of the total dollar amount of State contracts, as
9defined by the Secretary of the Council and approved by the
10Council, shall be established as an aspirational goal to be
11awarded to businesses owned by minorities, women, and persons
12with disabilities; provided, however, that of the total amount
13of all State contracts awarded to businesses owned by
14minorities, women, and persons with disabilities pursuant to
15this Section, contracts representing at least 11% shall be
16awarded to businesses owned by minorities, contracts
17representing at least 7% shall be awarded to women-owned
18businesses, and contracts representing at least 2% shall be
19awarded to businesses owned by persons with disabilities.
20    The above percentage relates to the total dollar amount of
21State contracts during each State fiscal year, calculated by
22examining independently each type of contract for each agency
23or public institutions of higher education which lets such
24contracts. Only that percentage of arrangements which

 

 

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1represents the participation of businesses owned by
2minorities, women, and persons with disabilities on such
3contracts shall be included.
4    (b) Not In the case of State construction contracts, the
5provisions of subsection (a) requiring a portion of State
6contracts to be awarded to businesses owned and controlled by
7persons with disabilities do not apply. The following
8aspirational goals are established for State construction
9contracts: not less than 20% of the total dollar amount of
10State construction contracts is established as an aspirational
11a goal to be awarded to businesses owned by minorities, women,
12and persons with disabilities; provided that, contracts
13representing at least 11% of the total dollar amount of State
14construction contracts shall be awarded to businesses owned by
15minorities; contracts representing at least 7% of the total
16dollar amount of State construction contracts shall be awarded
17to women-owned businesses; and contracts representing at least
182% of the total dollar amount of State construction contracts
19shall be awarded to businesses owned by persons with
20disabilities minority-owned and women-owned businesses.
21    (c) (Blank). In the case of all work undertaken by the
22University of Illinois related to the planning, organization,
23and staging of the games, the University of Illinois shall
24establish a goal of awarding not less than 25% of the annual
25dollar value of all contracts, purchase orders, and other
26agreements (collectively referred to as "the contracts") to

 

 

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1minority-owned businesses or businesses owned by a person with
2a disability and 5% of the annual dollar value the contracts to
3women-owned businesses. For purposes of this subsection, the
4term "games" has the meaning set forth in the Olympic Games and
5Paralympic Games (2016) Law.
6    (d) Within one year after April 28, 2009 (the effective
7date of Public Act 96-8), the Department of Central Management
8Services shall conduct a social scientific study that measures
9the impact of discrimination on minority and women business
10development in Illinois. Within 18 months after April 28, 2009
11(the effective date of Public Act 96-8), the Department shall
12issue a report of its findings and any recommendations on
13whether to adjust the goals for minority and women
14participation established in this Act. Copies of this report
15and the social scientific study shall be filed with the
16Governor and the General Assembly.
17    (e) Except as permitted under this Act or as otherwise
18mandated by federal law or regulation, those who submit bids or
19proposals for State contracts subject to the provisions of this
20Act, whose bids or proposals are successful and include a
21utilization plan but that fail to meet the goals set forth in
22subsection (b) of this Section, shall be notified of that
23deficiency and shall be afforded a period not to exceed 10
24calendar days from the date of notification to cure that
25deficiency in the bid or proposal. The deficiency in the bid or
26proposal may only be cured by contracting with additional

 

 

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1subcontractors who are owned by minorities or women, but in no
2case shall an identified subcontractor with a certification
3made pursuant to this Act be terminated from the contract
4without the written consent of the State agency or public
5institution of higher education entering into the contract.
6    (f) Non-construction solicitations that include Business
7Enterprise Program participation goals shall require bidders
8and offerors to include utilization plans. Utilization plans
9are due at the time of bid or offer submission. Failure to
10complete and include a utilization plan, including
11documentation demonstrating good faith effort when requesting
12a waiver, shall render the bid or offer non-responsive.
13(Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16;
14100-391, eff. 8-25-17.)
 
15    (30 ILCS 575/4f)
16    (Section scheduled to be repealed on June 30, 2020)
17    Sec. 4f. Award of State contracts.
18    (1) It is hereby declared to be the public policy of the
19State of Illinois to promote and encourage each State agency
20and public institution of higher education to use businesses
21owned by minorities, women, and persons with disabilities in
22the area of goods and services, including, but not limited to,
23insurance services, investment management services,
24information technology services, accounting services,
25architectural and engineering services, and legal services.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Enterprise Council meetings. Time shall be allotted for the
2Council to receive, review, and discuss the progress of the use
3of service firms owned by minorities, women, and persons with
4disabilities by each State agency and public institution of
5higher education; and any evidence regarding past or present
6racial, ethnic, or gender-based discrimination which directly
7impacts a State agency or public institution of higher
8education contracting with such firms. If after reviewing such
9evidence the Council finds that there is or has been such
10discrimination against a specific group, race or sex, the
11Council shall establish sheltered markets or adjust existing
12sheltered markets tailored to address the Council's specific
13findings for the divisions of work specified in paragraphs (a),
14(b), and (c) of subsection (1) of this Section.
15(Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16;
16100-391, eff. 8-25-17.)
 
17    (30 ILCS 575/7)  (from Ch. 127, par. 132.607)
18    (Section scheduled to be repealed on June 30, 2020)
19    Sec. 7. Exemptions; waivers; publication of data.
20    (1) Individual contract exemptions. The Council, on its own
21initiative or at the request of the affected agency, public
22institution of higher education, or recipient of a grant or
23loan of State funds of $250,000 or more complying with Section
2445 of the State Finance Act, may permit an individual contract
25or contract package, (related contracts being bid or awarded

 

 

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1simultaneously for the same project or improvements) be made
2wholly or partially exempt from State contracting goals for
3businesses owned by minorities, women, and persons with
4disabilities prior to the advertisement for bids or
5solicitation of proposals whenever there has been a
6determination, reduced to writing and based on the best
7information available at the time of the determination, that
8there is an insufficient number of businesses owned by
9minorities, women, and persons with disabilities to ensure
10adequate competition and an expectation of reasonable prices on
11bids or proposals solicited for the individual contract or
12contract package in question.
13        (a) Written request for contract exemption. A written
14    request for an individual contract exception must include,
15    but is not limited to, the following:
16            (i) a list of qualified businesses owned by
17        minorities, women, and persons with disabilities that
18        would qualify for the purpose of the contract;
19            (ii) each business's deficiency that would impair
20        adequate competition or qualification; and
21            (iii) the difference in cost between the contract
22        proposals being offered by businesses owned by
23        minorities, women, and persons with disabilities and
24        the agency or the public institution of higher
25        education's expectations of reasonable prices on bids
26        or proposals within that class.

 

 

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1        (b) Determination. The Council's determination
2    concerning an individual contract exemption must include
3    the following:
4            (i) the justification for each business's
5        disqualification;
6            (ii) the number of waivers of the affected agency,
7        public institution of higher education, or recipient
8        of a grant or loan of State funds of $250,000 or more
9        complying with Section 45 of the State Finance Act that
10        have been granted by the Council for that fiscal year;
11        and
12            (iii) the affected agency or public institution of
13        higher education's most current percentages in
14        contracts awarded to businesses owned by minorities,
15        women, and persons with disabilities for that fiscal
16        year.
17    (2) Class exemptions.
18        (a) Creation. The Council, on its own initiative or at
19    the request of the affected agency or public institution of
20    higher education, may permit an entire class of contracts
21    be made exempt from State contracting goals for businesses
22    owned by minorities, women, and persons with disabilities
23    whenever there has been a determination, reduced to writing
24    and based on the best information available at the time of
25    the determination, that there is an insufficient number of
26    qualified businesses owned by minorities, women, and

 

 

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1    persons with disabilities to ensure adequate competition
2    and an expectation of reasonable prices on bids or
3    proposals within that class.
4        (a-1) Written request for class exemption. A written
5    request for a class exception must include, but is not
6    limited to, the following:
7            (i) a list of qualified businesses owned by
8        minorities, women, and persons with disabilities that
9        pertain to the class of contracts in the requested
10        waiver;
11            (ii) each business's deficiency that would impair
12        adequate competition or qualification; and
13            (iii) the difference in cost between the contract
14        proposals being offered by businesses owned by
15        minorities, women, and persons with disabilities and
16        the agency or the public institution of higher
17        education's expectations of reasonable prices on bids
18        or proposals within that class.
19        (a-2) Determination. The Council's determination
20    concerning class exemptions must include the following:
21            (i) the justification for each business's
22        disqualification;
23            (ii) the number of waivers of the requesting agency
24        or public institution of higher education that have
25        been granted by the Council for that fiscal year; and
26            (iii) the agency or public institution of higher

 

 

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1        education's most current percentages in contracts
2        awarded to businesses owned by minorities, women, and
3        persons with disabilities for that fiscal year.
4        (b) Limitation. Any such class exemption shall not be
5    permitted for a period of more than one year at a time.
6    (3) Waivers. Where a particular contract requires a
7contractor to meet a goal established pursuant to this Act, the
8contractor shall have the right to request a waiver from such
9requirements. The Council shall grant the waiver where the
10contractor demonstrates that there has been made a good faith
11effort to comply with the goals for participation by businesses
12owned by minorities, women, and persons with disabilities.
13        (a) Request for waiver. A contractor's request for a
14    waiver under this subsection (3) must include, but is not
15    limited to, the following:
16            (i) a list of qualified businesses owned by
17        minorities, women, and persons with disabilities that
18        pertain to the class of contracts in the requested
19        waiver;
20            (ii) each business's deficiency that would impair
21        adequate competition or qualification;
22            (iii) the difference in cost between the contract
23        proposals being offered by businesses owned by
24        minorities, women, and persons with disabilities and
25        the agency or the public institution of higher
26        education's expectations of reasonable prices on bids

 

 

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1        or proposals within that class.
2        (b) Determination. The Council's determination
3    concerning waivers must include following:
4            (i) the justification for each business's
5        disqualification;
6            (ii) the number of waivers the contractor has been
7        granted by the Council for that fiscal year; and
8            (iii) the affected agency or public institution of
9        higher education's most current percentages in
10        contracts awarded to businesses owned by minorities,
11        women, and persons with disabilities for that fiscal
12        year.
13    (4) Conflict with other laws. In the event that any State
14contract, which otherwise would be subject to the provisions of
15this Act, is or becomes subject to federal laws or regulations
16which conflict with the provisions of this Act or actions of
17the State taken pursuant hereto, the provisions of the federal
18laws or regulations shall apply and the contract shall be
19interpreted and enforced accordingly.
20    (5) Each chief procurement officer, as defined in the
21Illinois Procurement Code, shall maintain on his or her
22official Internet website a database of the following: (i)
23waivers granted under this Section with respect to contracts
24under his or her jurisdiction; (ii) a State agency or public
25institution of higher education's written request for an
26exemption of an individual contract or an entire class of

 

 

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1contracts; and (iii) The Council's written determination
2granting or denying a request for an exemption of an individual
3contract or an entire class of contracts. The database, which
4shall be updated periodically as necessary, shall be searchable
5by contractor name and by contracting State agency.
6    (6) Each chief procurement officer, as defined by the
7Illinois Procurement Code, shall maintain on its website a list
8of all firms that have been prohibited from bidding, offering,
9or entering into a contract with the State of Illinois as a
10result of violations of this Act.
11    Each public notice required by law of the award of a State
12contract shall include for each bid or offer submitted for that
13contract the following: (i) the bidder's or offeror's name,
14(ii) the bid amount, (iii) the name or names of the certified
15firms identified in the bidder's or offeror's submitted
16utilization plan, and (iv) the bid's amount and percentage of
17the contract awarded to businesses owned by minorities, women,
18and persons with disabilities identified in the utilization
19plan.
20(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
21    Section 15. The Criminal Code of 2012 is amended by
22changing Section 17-10.3 as follows:
 
23    (720 ILCS 5/17-10.3)
24    Sec. 17-10.3. Deception relating to certification of

 

 

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1disadvantaged business enterprises.
2    (a) Fraudulently obtaining or retaining certification. A
3person who, in the course of business, fraudulently obtains or
4retains certification as a minority-owned business,
5women-owned business, service-disabled veteran-owned small
6business, or veteran-owned small business commits a Class 1 2
7felony.
8    (b) Willfully making a false statement. A person who, in
9the course of business, willfully makes a false statement
10whether by affidavit, report or other representation, to an
11official or employee of a State agency or the Business
12Enterprise Council for Minorities, Women, and Persons with
13Disabilities for the purpose of influencing the certification
14or denial of certification of any business entity as a
15minority-owned business, women-owned business,
16service-disabled veteran-owned small business, or
17veteran-owned small business commits a Class 1 2 felony.
18    (c) Willfully obstructing or impeding an official or
19employee of any agency in his or her investigation. Any person
20who, in the course of business, willfully obstructs or impedes
21an official or employee of any State agency or the Business
22Enterprise Council for Minorities, Women, and Persons with
23Disabilities who is investigating the qualifications of a
24business entity which has requested certification as a
25minority-owned business, women-owned business,
26service-disabled veteran-owned small business, or

 

 

10100SB0534sam005- 23 -LRB101 04295 RJF 61151 a

1veteran-owned small business commits a Class 1 2 felony.
2    (d) Fraudulently obtaining public moneys reserved for
3disadvantaged business enterprises. Any person who, in the
4course of business, fraudulently obtains public moneys
5reserved for, or allocated or available to, minority-owned
6businesses, women-owned businesses, service-disabled
7veteran-owned small businesses, or veteran-owned small
8businesses commits a Class 1 2 felony.
9    (e) Definitions. As used in this Article, "minority-owned
10business", "women-owned business", "State agency" with respect
11to minority-owned businesses and women-owned businesses, and
12"certification" with respect to minority-owned businesses and
13women-owned businesses shall have the meanings ascribed to them
14in Section 2 of the Business Enterprise for Minorities, Women,
15and Persons with Disabilities Act. As used in this Article,
16"service-disabled veteran-owned small business",
17"veteran-owned small business", "State agency" with respect to
18service-disabled veteran-owned small businesses and
19veteran-owned small businesses, and "certification" with
20respect to service-disabled veteran-owned small businesses and
21veteran-owned small businesses have the same meanings as in
22Section 45-57 of the Illinois Procurement Code.
23(Source: P.A. 100-391, eff. 8-25-17.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".