HB5863 101ST GENERAL ASSEMBLY

LRB101 22475 AWJ 73557 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5863

Introduced , by Rep. Camille Y. Lilly

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/45

Creates the Park and Museum District Business Enterprise Act. Creates the Park and Museum District Business Enterprise Council for Minorities, Women, and Persons with Disabilities comprised of members appointed by the Governor, including individuals representing businesses that are minority-owned or women-owned or owned by persons with disabilities, an individual representing the business community, and individuals representing park districts and museum districts. Provides for an aspirational goal in park districts and museum districts of not less than 30% of the total dollar amount of specified park and museum district contracts to be awarded to businesses owned by minorities, women, and persons with disabilities. Provides, however, that of the total amount of all park and museum district contracts awarded to businesses owned by minorities, women, and persons with disabilities, contracts representing at least 16% shall be awarded to businesses owned by minorities, contracts representing at least 10% shall be awarded to women-owned businesses, and contracts representing at least 3% shall be awarded to businesses owned by persons with disabilities. Provides for duties of the Secretary of the Council and for annual report requirements of the Council. Provides for compliance, exemptions, waivers, and other requirements. Provides that the Department of Central Management Services shall conduct studies that measures the impact of discrimination on minority and women business development in park and museum districts in Illinois. Amends the State Finance Act making conforming changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Park and Museum District Business Enterprise Act.

Section 5. Definitions.As used in this Act:

"Board" means the board of commissioners of a governmental unit.

"Business", "business Enterprise Program", "business owned by a person with a disability", "certification", "minority person", "minority-owned business", "person with a disability", "utilization plan", "woman", and "women-owned business" have the meaning given to those terms in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

"Chief executive officer" means the president of the board of a museum district, the chairperson of a board of commissioners of a park district, or the General Superintendent of the Chicago Park District.

"Council" means the Park and Museum District Business Enterprise Council for Minorities, Women, and Persons with Disabilities created under Section 10 of this Act.

"Governmental unit" or "unit" means a: (i) park district organized under the Park District Code or Chicago Park District Act; or (ii) museum district organized under the Museum District Act.

"Sheltered market" means a procurement procedure whereby certain contracts are selected and specifically set aside for businesses owned by minorities, women, and persons with disabilities on a competitive bid or negotiated basis.

"Unit construction contracts" means all contracts entered into by a single governmental unit for the repair, remodeling, renovation or construction of a building or structure, or for the construction or maintenance of a highway defined in Article 2 of the Illinois Highway Code.

"Unit contracts" means all contracts entered into by a single governmental unit, regardless of the source of the funds with which the contracts are paid, which are not subject to federal reimbursement.

Section 10. Park and Museum District Business Enterprise Council for Minorities, Women, and Persons with Disabilities.

(a) To help implement, monitor and enforce the goals of this Act, there is created the Park and Museum District Business Enterprise Council for Minorities, Women, and Persons with Disabilities composed of the following individuals appointed by the Governor: 6 individuals representing businesses that are minority-owned or women-owned or owned by persons with disabilities, one individual representing the business community, and 2 individuals representing each of the following: park districts, other than the Chicago Park District; the Chicago Park District; and museum districts. These members shall serve 2 year terms and shall be eligible for reappointment. Any vacancy occurring on the Council shall also be filled by the Governor. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term. Members of the Council shall serve without compensation but shall be reimbursed for any ordinary and necessary expenses incurred in the performance of their duties.

The Council shall select one of the Council members representing a park district or museum district as chairperson and the chairperson shall select a Secretary responsible for the operation of the program.

The board of every governmental unit shall appoint a liaison to the Council. Each liaison shall be responsible for submitting to the Council any reports and documents necessary under this Act.

(b) The Council's authority and responsibility shall be to:

(1) Devise a certification procedure to assure that businesses taking advantage of this Act are legitimately classified as businesses owned by minorities, women, or persons with disabilities and a registration procedure to recognize, without additional evidence of Business Enterprise Program eligibility, the certification of businesses owned by minorities, women, or persons with disabilities certified by the City of Chicago, Cook County, or other jurisdictional programs with requirements and procedures equaling or exceeding those in this Act.

(2) Maintain a list of all businesses legitimately classified as businesses owned by minorities, women, or persons with disabilities to provide to governmental units.

(3) Review rules and regulations for the implementation of the program for businesses owned by minorities, women, and persons with disabilities.

(4) Review compliance plans submitted by each governmental unit pursuant to this Act.

(5) Make annual reports as provided in Section 35 to the Governor and the General Assembly on the status of the program.

(6) Serve as a central clearinghouse for information on unit contracts, including the maintenance of a list of all pending unit contracts upon which businesses owned by minorities, women, and persons with disabilities may bid. At the Council's discretion, maintenance of the list may include 24-hour electronic access to the list along with the bid and application information.

(7) Establish a toll free telephone number to facilitate information requests concerning the certification process and pending contracts.

(c) No premium bond rate of a surety company for a bond required of a business owned by a minority, woman, or person with a disability bidding for a unit contract shall be higher than the lowest rate charged by that surety company for a similar bond in the same classification of work that would be written for a business not owned by a minority, woman, or person with a disability.

(d) Any Council member who has direct financial or personal interest in any measure pending before the Council shall disclose this fact to the Council and refrain from participating in the determination upon such measure.

(e) The Secretary shall have the following duties and responsibilities:

(1) To be responsible for the day-to-day operation of the Council.

(2) To serve as a coordinator for all of the Council's programs for businesses owned by minorities, women, and persons with disabilities and as the information and referral center for all Council initiatives for businesses owned by minorities, women, and persons with disabilities.

(3) To establish an enforcement procedure whereby the Council may recommend to the appropriate unit legal officer that the unit exercise its legal remedies which shall include (i) termination of the contract involved, (ii) prohibition of participation by the respondent in unit contracts for a period not to exceed 3 years, (iii) imposition of a penalty not to exceed any profit acquired as a result of violation, or (iv) any combination thereof. Such procedures shall require prior approval by Council. All funds collected as penalties under this subsection shall be used exclusively for maintenance and further development of the Business Enterprise Program and encouragement of participation in unit procurement by minorities, women, and persons with disabilities.

(4) To devise appropriate policies, regulations and procedures for including participation by businesses owned by minorities, women, and persons with disabilities as prime contractors including, but not limited to, (i) encouraging the inclusions of qualified businesses owned by minorities, women, and persons with disabilities on solicitation lists, (ii) investigating the potential of blanket bonding programs for small construction jobs, or (iii) investigating and making recommendations concerning the use of the sheltered market process.

(5) To devise procedures for the waiver of the participation goals in appropriate circumstances.

(6) To accept donations and, with the approval of the Council, grants related to the purposes of this Act.

(7) To conduct seminars related to the purpose of this Act and to charge reasonable registration fees.

(8) To sell directories, vendor lists, and other such information to interested parties, except that forms necessary to become eligible for the program shall be provided free of charge to a business or individual applying for the program.

(f) The Council shall conduct regular meetings to carry out its responsibilities under this Act. At each of the regularly scheduled meetings, time shall be allocated for the Council to receive, review, and discuss any evidence regarding past or present racial, ethnic, or gender based discrimination which directly impacts the unit contracting with businesses owned by minorities, women, and persons with disabilities. If after reviewing such evidence the Council finds that there is or has been such discrimination against a specific group, race, or sex, the Council shall establish sheltered markets or adjust existing sheltered markets tailored to address the Council's specific findings.

As part of the annual report which the Council must file pursuant to paragraph (5) of subsection (b), the Council shall report on any findings made pursuant to this subsection.

(g) The Department of Central Management Services shall provide administrative and other support to the Council.

Section 15. Governmental unit compliance plans.

(a) Each unit shall file with the Council an annual compliance plan which shall outline the goals of the unit for contracting with businesses owned by minorities, women, and persons with disabilities for the then current fiscal year, the manner in which the unit intends to reach these goals and a timetable for reaching these goals. The Council shall review and approve the plan of each unit and may reject any plan that does not comply with this Act or any rules adopted by the Council or the Department of Central Management Services pursuant to this Act.

(b) The compliance plan shall also include, but not be limited to, (i) a policy statement, signed by the chief executive officer of the unit, expressing a commitment to encourage the use of businesses owned by minorities, women, and persons with disabilities, (ii) the designation of the liaison officer provided for in Section 10, (iii) procedures to distribute to potential contractors and vendors the list of all businesses legitimately classified as businesses owned by minorities, women, and persons with disabilities and so certified under this Act, (iv) procedures to set separate contract goals on specific prime contracts and purchase orders with subcontracting possibilities based upon the type of work or services and subcontractor availability, (v) procedures to assure that contractors and vendors make good faith efforts to meet contract goals, (vi) procedures for contract goal exemption, modification and waiver, and (vii) the delineation of separate contract goals for businesses owned by minorities, women, and persons with disabilities.

(c) Approval of the compliance plans shall include such delegation of responsibilities to the requesting unit as the Council deems necessary and appropriate to fulfill the purpose of this Act. Such responsibilities may include, but need not be limited to, those outlined in subsections (a), (b) and (c) of Section 25, paragraph (1) of subsection (a) of Section 35, and Section 40.

(d) Each unit shall file with the Council an annual report of its utilization of businesses owned by minorities, women, and persons with disabilities during the preceding fiscal year including lapse period spending and a mid-fiscal year report of its utilization to date for the then current fiscal year. The reports shall include a self-evaluation of the efforts of the unit to meet its goals under the Act.

(e) Notwithstanding any provisions to the contrary in this Act, any unit which administers a construction program, for which federal law or regulations establish standards and procedures for the utilization of minority-owned and women-owned businesses and disadvantaged businesses, shall implement a disadvantaged business enterprise program to include minority-owned and women-owned businesses and disadvantaged businesses, using the federal standards and procedures for the establishment of goals and utilization procedures for the State-funded, as well as the federally assisted, portions of the program. In such cases, these goals shall not exceed those established pursuant to the relevant federal statutes or regulations. Notwithstanding the provisions of subsection (f) of Section 10, the Illinois Department of Transportation is authorized to establish sheltered markets for the State-funded portions of the program consistent with federal law and regulations. Additionally, a compliance plan which is filed by such unit pursuant to this Act, which incorporates equivalent terms and conditions of its federally-approved compliance plan, shall be deemed approved under this Act.

Section 20. Notice of contracts to Council. Except in case of emergency, as that term is defined in Section 20-30 of the Illinois Procurement Code, each unit shall notify the Secretary of the Council of proposed contracts for professional and artistic services and provide the information in the form and detail as required the Secretary of the Council. Notification may be made through direct written communication to the Secretary to be received at least 14 days before execution of the contract (or the solicitation response date, if applicable). The unit must consider any vendor referred by the Secretary before execution of the contract. The provisions of this Section shall not apply to any unit that has awarded contracts for professional and artistic services to businesses owned by minorities, women, and persons with disabilities totaling in the aggregate $40,000,000 or more during the preceding fiscal year.

Section 25. Exemptions; waivers; posting of data.

(a) The Council, at the written request of the affected unit or recipient of a grant or loan of State funds of $250,000 or more complying with Section 45 of the State Finance Act, may permit an individual contract or contract package (related contracts being bid or awarded simultaneously for the same project or improvements) be made wholly or partially exempt from unit contracting goals for businesses owned by minorities, women, and persons with disabilities prior to the advertisement for bids or solicitation of proposals whenever there has been a determination, reduced to writing and based on the best information available at the time of the determination, that there is an insufficient number of businesses owned by minorities, women, and persons with disabilities to ensure adequate competition and an expectation of reasonable prices on bids or proposals solicited for the individual contract or contract package in question.

(1) The following procedures shall be followed for individual exemptions:

(A) A written request for an individual contract exemption must include, but is not limited to, the following:

(i) a list of eligible businesses owned by minorities, women, and persons with disabilities;

(ii) a clear demonstration that the number of eligible businesses identified in subdivision (i) above is insufficient to ensure adequate competition;

(iii) the difference in cost between the contract proposals being offered by businesses owned by minorities, women, and persons with disabilities and the unit's expectations of reasonable prices on bids or proposals within that class; and

(iv) a list of eligible businesses owned by minorities, women, and persons with disabilities that the contractor has used in the current and prior fiscal years.

(B) The Council's determination concerning an individual contract exemption must consider, at a minimum, the following:

(i) the justification for the requested exemption, including whether diligent efforts were undertaken to identify and solicit eligible businesses owned by minorities, women, and persons with disabilities;

(ii) the total number of exemptions granted to the affected unit or recipient of a grant or loan of State funds of $250,000 or more complying with Section 45 of the State Finance Act that have been granted by the Council in the current and prior fiscal years; and

(iii) the percentage of contracts awarded by the unit to eligible businesses owned by minorities, women, and persons with disabilities in the current and prior fiscal years.

(2) The following procedures shall be followed for class exemptions:

(A) The Council, at the written request of an affected unit, may permit an entire class of contracts be made exempt from unit contracting goals for businesses owned by minorities, women, and persons with disabilities whenever there has been a determination, reduced to writing and based on the best information available at the time of the determination, that there is an insufficient number of qualified businesses owned by minorities, women, and persons with disabilities to ensure adequate competition and an expectation of reasonable prices on bids or proposals within that class.

(B) A written request for a class exemption must include, but is not limited to, the following:

(i) a list of eligible businesses owned by minorities, women, and persons with disabilities;

(ii) a clear demonstration that the number of eligible businesses identified in subdivision (i) above is insufficient to ensure adequate competition;

(iii) the difference in cost between the contract proposals being offered by eligible businesses owned by minorities, women, and persons with disabilities and the unit's expectations of reasonable prices on bids or proposals within that class; and

(iv) the number of class exemptions the affected unit requested in the current and prior fiscal years.

(C) The Council's determination concerning class exemptions must consider, at a minimum, the following:

(i) the justification for the requested exemption, including whether diligent efforts were undertaken to identify and solicit eligible businesses owned by minorities, women, and persons with disabilities;

(ii) the total number of class exemptions granted to the requesting unit that have been granted by the Council in the current and prior fiscal years; and

(iii) the percentage of contracts awarded by the unit to eligible businesses owned by minorities, women, and persons with disabilities the current and prior fiscal years.

(D) Any such class exemption shall not be permitted for a period of more than one year at a time.

(b) Where a particular contract requires a contractor to meet a goal established pursuant to this Act, the contractor shall have the right to request a waiver from such requirement. The Council shall grant the waiver where the contractor demonstrates that there has been made a good faith effort to comply with the goals for participation by businesses owned by minorities, women, and persons with disabilities. The following procedures shall be followed for waivers:

(1) A contractor's request for a waiver under this subsection must include, but is not limited to, the following, if available:

(A) a list of eligible businesses owned by minorities, women, and persons with disabilities that pertain to the class of contracts in the requested waiver;

(B) a clear demonstration that the number of eligible businesses identified in subparagraph (A) above is insufficient to ensure competition;

(C) the difference in cost between the contract proposals being offered by businesses owned by minorities, women, and persons with disabilities and the unit's expectations of reasonable prices on bids or proposals within that class; and

(D) a list of businesses owned by minorities, women, and persons with disabilities that the contractor has used in the current and prior fiscal years.

(2) The Council's determination concerning waivers must include following:

(A) the justification for the requested waiver, including whether the requesting contractor made a good faith effort to identify and solicit eligible businesses owned by minorities, women, and persons with disabilities;

(B) the total number of waivers the contractor has been granted by the Council in the current and prior fiscal years;

(C) the percentage of contracts awarded by the unit to eligible businesses owned by minorities, women, and persons with disabilities in the current and prior fiscal years; and

(D) the contractor's use of businesses owned by minorities, women, and persons with disabilities in the current and prior fiscal years.

(c) If any unit contract, which otherwise would be subject to the provisions of this Act, is or becomes subject to federal laws or regulations which conflict with the provisions of this Act or actions of the State taken pursuant hereto, the provisions of the federal laws or regulations shall apply and the contract shall be interpreted and enforced accordingly.

(d) Each unit shall post and maintain on its website a database of the following: (i) waivers granted under this Section with respect to contracts under his or her jurisdiction; (ii) a unit's written request for an exemption of an individual contract or an entire class of contracts; and (iii) the Council's written determination granting or denying a request for an exemption of an individual contract or an entire class of contracts. The database, which shall be updated periodically as necessary, shall be searchable by contractor name and by contracting unit.

(e) Each unit shall post and maintain on its website a list of all firms that have been prohibited from bidding, offering, or entering into a contract with the unit as a result of violations of this Act.

Each public notice required by law of the award of a unit contract shall include, for each bid or offer submitted for that contract, the following: (i) the bidder's or offeror's name, (ii) the bid amount, (iii) the name or names of the certified firms identified in the bidder's or offeror's submitted utilization plan, and (iv) the bid's amount and percentage of the contract awarded to businesses owned by minorities, women, and persons with disabilities identified in the utilization plan.

Section 30. Award of unit contracts.

(a) Except as provided in subsection (b), not less than 30% of the total dollar amount of unit contracts, as defined by the Secretary of the Council and approved by the Council, shall be established as an aspirational goal to be awarded to businesses owned by minorities, women, and persons with disabilities; provided, however, that of the total amount of all unit contracts awarded to businesses owned by minorities, women, and persons with disabilities pursuant to this Section, contracts representing at least 16% shall be awarded to businesses owned by minorities, contracts representing at least 10% shall be awarded to women-owned businesses, and contracts representing at least 3% shall be awarded to businesses owned by persons with disabilities.

The above percentage relates to the total dollar amount of unit contracts during each unit's fiscal year, calculated by examining independently each type of contract for each unit which lets such contracts. Only that percentage of arrangements which represents the participation of businesses owned by minorities, women, and persons with disabilities on such contracts shall be included. Unit contracts subject to the requirements of this Act shall include the requirement that only expenditures to businesses owned by minorities, women, and persons with disabilities that perform a commercially useful function may be counted toward the goals set forth by this Act. Contracts shall include a definition of "commercially useful function" that is consistent with 49 CFR 26.55(c).

(b) Not less than 30% of the total dollar amount of unit construction contracts is established as an aspirational goal to be awarded to businesses owned by minorities, women, and persons with disabilities; provided that, contracts representing at least 16% of the total dollar amount of unit construction contracts shall be awarded to businesses owned by minorities; contracts representing at least 10% of the total dollar amount of unit construction contracts shall be awarded to women-owned businesses; and contracts representing at least 3% of the total dollar amount of unit construction contracts shall be awarded to businesses owned by persons with disabilities.

(c) By July 1, 2022, the Department of Central Management Services shall conduct a social scientific study that measures the impact of discrimination on minority and women business development in governmental units in Illinois. By December 1, 2023, the Department shall issue a report of its findings and any recommendations on whether to adjust the goals for minority and women participation established in this Act. Copies of this report and the social scientific study shall be filed with the Council, the Governor, and the General Assembly.

By December 1, 2030, the Department of Central Management Services shall conduct a new social scientific study that measures the impact of discrimination on minority and women business development in governmental units in Illinois. By June 1, 2032, the Department shall issue a report of its findings and any recommendations on whether to adjust the goals for minority and women participation established in this Act. Copies of this report and the social scientific study shall be filed with the Council, the Governor, and the General Assembly. By December 1, 2032, the Department of Central Management Services Business Enterprise Program shall develop a model for social scientific disparity study sourcing for units to adapt and implement to address regional disparities in public procurement.

(d) Except as permitted under this Act or as otherwise mandated by federal law or regulation, those who submit bids or proposals for unit contracts subject to the provisions of this Act, whose bids or proposals are successful and include a utilization plan but that fail to meet the goals set forth in subsection (b), shall be notified of that deficiency and shall be afforded a period not to exceed 10 calendar days from the date of notification to cure that deficiency in the bid or proposal. The deficiency in the bid or proposal may only be cured by contracting with additional subcontractors who are owned by minorities or women. Any increase in cost to a contract for the addition of a subcontractor to cure a bid's deficiency shall not affect the bid price, shall not be used in the request for an exemption in this Act, and in no case shall an identified subcontractor with a certification made pursuant to this Act be terminated from the contract without the written consent of the unit entering into the contract.

(e) Non-construction solicitations that include park and museum district Business Enterprise Program participation goals shall require bidders and offerors to include utilization plans. Utilization plans are due at the time of bid or offer submission. Failure to complete and include a utilization plan, including documentation demonstrating good faith effort when requesting a waiver, shall render the bid or offer nonresponsive.

Section 35. Enforcement.

(a) The Council shall make such findings, recommendations and proposals to the Governor and General Assembly as are necessary and appropriate to enforce this Act. If, as a result of its monitoring activities, the Council determines that its goals and policies are not being met by any unit, the Council may recommend any or all of the following actions:

(1) Establish enforcement procedures whereby the Council may recommend to the appropriate unit or law enforcement agency that legal or administrative remedies be initiated for violations of contract provisions or rules adopted hereunder or by a contracting unit. Units may adopt remedies for such violations, which may include (i) termination of the contract involved, (ii) prohibition of participation of the respondents in public contracts for a period not to exceed one year, (iii) imposition of a penalty not to exceed any profit acquired as a result of violation, or (iv) any combination of items (i), (ii), or (iii).

(2) If the Council concludes that a compliance plan submitted under Section 15 is unlikely to produce the participation goals for businesses owned by minorities, women, and persons with disabilities within the then current fiscal year, the Council may recommend that the unit revise its plan to provide additional opportunities for participation by businesses owned by minorities, women, and persons with disabilities. Such recommended revisions may include, but are not limited to, the following:

(A) Assurances of stronger and better focused solicitation efforts to obtain more businesses owned by minorities, women, and persons with disabilities as potential sources of supply.

(B) Division of job or project requirements, when economically feasible, into tasks or quantities to permit participation of businesses owned by minorities, women, and persons with disabilities.

(C) Elimination of extended experience or capitalization requirements, when programmatically feasible, to permit participation of businesses owned by minorities, women, and persons with disabilities.

(D) Identification of specific proposed contracts as particularly attractive or appropriate for participation by businesses owned by minorities, women, and persons with disabilities, such identification to result from and be coupled with the efforts of subparagraphs (A) through (C).

(E) Implementation of those regulations established for the use of the sheltered market process.

(b) Units shall review a vendor's compliance with its utilization plan and the terms of its contract. Without limitation, a vendor's failure to comply with its contractual commitments as contained in the utilization plan; failure to cooperate in providing information regarding its compliance with its utilization plan; or the provision of false or misleading information or statements concerning compliance, certification status, or eligibility of the Business Enterprise Program-certified vendor, good faith efforts, or any other material fact or representation shall constitute a material breach of the contract and entitle the unit to declare a default, terminate the contract, or exercise those remedies provided for in the contract, at law, or in equity.

(c) A vendor shall be in breach of the contract and may be subject to penalties for failure to meet contract goals established under this Act, unless the vendor can show that it made good faith efforts to meet the contract goals.

Section 40. Annual report.

(a) The Council shall post and file an annual report that shall detail the level of achievement toward the goals specified in this Act over the 3 most recent calendar or fiscal years. The annual report shall include, but need not be limited to, the following:

(1) a summary detailing expenditures subject to the goals, the actual goals specified, and the goals attained by each unit;

(2) a summary of the number of contracts awarded and the average contract amount by each unit;

(3) an analysis of the level of overall goal achievement concerning purchases from minority-owned businesses, women-owned businesses, and businesses owned by persons with disabilities;

(4) an analysis of the number of businesses owned by minorities, women, and persons with disabilities that are certified under the program as well as the number of those businesses that received State procurement contracts; and

(5) a summary of the number of contracts awarded to businesses with annual gross sales of less than $100,000; of $100,000 or more, but less than $250,000; of $250,000 or more, but less than $500,000; of $500,000 or more, but less than $1,000,000; of $1,000,000 or more, but less than $5,000,000; of $5,000,000 or more, but less than $10,000,000; and of $10,000,000 or more.

(b) Each annual report must be posted publicly on the website of the unit and filed with the General Assembly and Governor no later than January 31 for units that choose calendar year annual reporting or no later than 30 days following the conclusion of the unit's fiscal year for units that choose fiscal year annual reporting. A unit may extend the due date of its annual report by 15 days by posting a public notice on the website of the entity and filing the notice with the General Assembly and Governor. If an annual report is posted and filed beyond the 15-day extension, units will be issued a fine of $10,000 by the Council, enforceable by the State Comptroller through withholding or reducing any form of State funding to the entity, including, but not limited to, grants, revenue sharing, and line-item appropriations. The Comptroller shall transfer the amount withheld due to the fines issued under this subsection to the Business Enterprise Program and those amounts shall be used exclusively for maintenance and further development of the Business Enterprise Program.

Section 45. Ownership requirement for combination of minority persons, women, or persons with disabilities. When a business is owned at least 51% by any combination of minority persons, women, or persons with disabilities, even though none of the 3 classes alone holds at least a 51% interest, the ownership requirement for purposes of this Act is considered to be met. The certification category for the business is that of the class holding the largest ownership interest in the business. If 2 or more classes have equal ownership interests, the certification category shall be determined by the business.

Section 50. Advance and progress payments. Any contract awarded to a business owned by a minority, woman, or person with a disability pursuant to this Act may contain a provision for advance or progress payments, or both, except that a unit construction contract awarded to a minority-owned or women-owned business pursuant to this Act may contain a provision for progress payments but may not contain a provision for advance payments.

Section 55. Posting on website. If a governmental unit does not have a website, any posting requirement by the unit under this Act is satisfied by posting on the county website or on the several county websites in which the unit is located to satisfy the posting requirements of the Act.

Section 90. The State Finance Act is amended by changing Section 45 as follows:

(30 ILCS 105/45)

Sec. 45. Award of capital funds. Each award by grant or loan of State funds of $250,000 or more for capital construction costs or professional services is conditioned upon the recipient's written certification that the recipient shall comply with the business enterprise program practices for minority-owned businesses, women-owned businesses, and businesses owned by persons with disabilities of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, the Park and Museum District Business Enterprise Act, (30 ILCS 575/) and the equal employment practices of Section 2-105 of the Illinois Human Rights Act (775 ILCS 5/2-105). This Section, however, does not apply to any grant or loan (i) for which a grant or loan agreement was executed before the effective date of this amendatory Act of the 96th General Assembly, (ii) for which prior-incurred costs are being reimbursed, or (iii) for a federally funded program under which the requirement of this Section would contravene federal law. Each recipient shall submit the written certification and business enterprise program plan for minority-owned businesses, women-owned businesses, and businesses owned by persons with disabilities before signing the relevant grant or loan agreement. Each grant or loan agreement shall include a provision that the grant or loan recipient agrees to comply with the provisions of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, the Park and Museum District Business Enterprise Act, (30 ILCS 575/) and the equal employment practices of Section 2-105 of the Illinois Human Rights Act (775 ILCS 5/2-105).

Each business enterprise program plan shall apply only to the State-funded portion of the relevant capital project and must be in compliance with all certification and other requirements of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

(Source: P.A. 100-391, eff. 8-25-17.)