102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4551

 

Introduced 1/21/2022, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Provides that the Act may be referred to as the Second Chance State Contracts Act. Amends the Illinois Procurement Code. Creates the Second Chance State Contracts Apprenticeship and Preapprenticeship Program Article. Provides public works contracts hiring requirements. Provides for waivers from public works contracts hiring requirements. Provides for the issuance of certificates of arrest or conviction. Provides reporting and funding provisions concerning public works contracts hiring requirements and apprenticeship programs. Provides for standing to enforce the requirements of the Article. Requires that inmates whose labor is used in the remodeling or rehabilitation of correctional facilities be paid the prevailing wage for work of a similar character. Repeals provisions prohibiting convicted felons from specified activities under the Code. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Defines "person with a disability" for purposes of the Act to include a person who is a citizen or lawful permanent resident of the United States and a resident of the State of Illinois who has been arrested for committing a felony or convicted of a felony by any court of competent jurisdiction sitting in the United States or any territory of the United States. Defines other terms. Makes conforming changes. Effective immediately.


LRB102 22620 RJF 31763 b

 

 

A BILL FOR

 

HB4551LRB102 22620 RJF 31763 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Second Chance
5State Contracts Act.
 
6    Section 5. The Illinois Procurement Code is amended by
7changing Sections 1-10, 1-13, 1-35, 1-40, 30-15, and 50-60 and
8by adding Article 34 as follows:
 
9    (30 ILCS 500/1-10)
10    Sec. 1-10. Application.
11    (a) This Code applies only to procurements for which
12bidders, offerors, potential contractors, or contractors were
13first solicited on or after July 1, 1998. This Code shall not
14be construed to affect or impair any contract, or any
15provision of a contract, entered into based on a solicitation
16prior to the implementation date of this Code as described in
17Article 99, including, but not limited to, any covenant
18entered into with respect to any revenue bonds or similar
19instruments. All procurements for which contracts are
20solicited between the effective date of Articles 50 and 99 and
21July 1, 1998 shall be substantially in accordance with this
22Code and its intent.

 

 

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1    (b) This Code shall apply regardless of the source of the
2funds with which the contracts are paid, including federal
3assistance moneys. This Code shall not apply to:
4        (1) Contracts between the State and its political
5    subdivisions or other governments, or between State
6    governmental bodies, except as specifically provided in
7    this Code.
8        (2) Grants, except for the filing requirements of
9    Section 20-80.
10        (3) Purchase of care, except as provided in Section
11    5-30.6 of the Illinois Public Aid Code and this Section.
12        (4) Hiring of an individual as an employee and not as
13    an independent contractor, whether pursuant to an
14    employment code or policy or by contract directly with
15    that individual, except as provided in Article 34 of this
16    Code.
17        (5) Collective bargaining contracts, except as
18    provided in Article 34 of this Code.
19        (6) Purchase of real estate, except that notice of
20    this type of contract with a value of more than $25,000
21    must be published in the Procurement Bulletin within 10
22    calendar days after the deed is recorded in the county of
23    jurisdiction. The notice shall identify the real estate
24    purchased, the names of all parties to the contract, the
25    value of the contract, and the effective date of the
26    contract.

 

 

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1        (7) Contracts necessary to prepare for anticipated
2    litigation, enforcement actions, or investigations,
3    provided that the chief legal counsel to the Governor
4    shall give his or her prior approval when the procuring
5    agency is one subject to the jurisdiction of the Governor,
6    and provided that the chief legal counsel of any other
7    procuring entity subject to this Code shall give his or
8    her prior approval when the procuring entity is not one
9    subject to the jurisdiction of the Governor.
10        (8) (Blank).
11        (9) Procurement expenditures by the Illinois
12    Conservation Foundation when only private funds are used.
13        (10) (Blank).
14        (11) Public-private agreements entered into according
15    to the procurement requirements of Section 20 of the
16    Public-Private Partnerships for Transportation Act and
17    design-build agreements entered into according to the
18    procurement requirements of Section 25 of the
19    Public-Private Partnerships for Transportation Act.
20        (12) (A) Contracts for legal, financial, and other
21    professional and artistic services entered into by the
22    Illinois Finance Authority in which the State of Illinois
23    is not obligated. Such contracts shall be awarded through
24    a competitive process authorized by the members of the
25    Illinois Finance Authority and are subject to Sections
26    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,

 

 

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1    as well as the final approval by the members of the
2    Illinois Finance Authority of the terms of the contract.
3        (B) Contracts for legal and financial services entered
4    into by the Illinois Housing Development Authority in
5    connection with the issuance of bonds in which the State
6    of Illinois is not obligated. Such contracts shall be
7    awarded through a competitive process authorized by the
8    members of the Illinois Housing Development Authority and
9    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
10    and 50-37 of this Code, as well as the final approval by
11    the members of the Illinois Housing Development Authority
12    of the terms of the contract.
13        (13) Contracts for services, commodities, and
14    equipment to support the delivery of timely forensic
15    science services in consultation with and subject to the
16    approval of the Chief Procurement Officer as provided in
17    subsection (d) of Section 5-4-3a of the Unified Code of
18    Corrections, except for the requirements of Sections
19    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
20    Code; however, the Chief Procurement Officer may, in
21    writing with justification, waive any certification
22    required under Article 50 of this Code. For any contracts
23    for services which are currently provided by members of a
24    collective bargaining agreement, the applicable terms of
25    the collective bargaining agreement concerning
26    subcontracting shall be followed.

 

 

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1        On and after January 1, 2019, this paragraph (13),
2    except for this sentence, is inoperative.
3        (14) Contracts for participation expenditures required
4    by a domestic or international trade show or exhibition of
5    an exhibitor, member, or sponsor.
6        (15) Contracts with a railroad or utility that
7    requires the State to reimburse the railroad or utilities
8    for the relocation of utilities for construction or other
9    public purpose. Contracts included within this paragraph
10    (15) shall include, but not be limited to, those
11    associated with: relocations, crossings, installations,
12    and maintenance. For the purposes of this paragraph (15),
13    "railroad" means any form of non-highway ground
14    transportation that runs on rails or electromagnetic
15    guideways and "utility" means: (1) public utilities as
16    defined in Section 3-105 of the Public Utilities Act, (2)
17    telecommunications carriers as defined in Section 13-202
18    of the Public Utilities Act, (3) electric cooperatives as
19    defined in Section 3.4 of the Electric Supplier Act, (4)
20    telephone or telecommunications cooperatives as defined in
21    Section 13-212 of the Public Utilities Act, (5) rural
22    water or waste water systems with 10,000 connections or
23    less, (6) a holder as defined in Section 21-201 of the
24    Public Utilities Act, and (7) municipalities owning or
25    operating utility systems consisting of public utilities
26    as that term is defined in Section 11-117-2 of the

 

 

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1    Illinois Municipal Code.
2        (16) Procurement expenditures necessary for the
3    Department of Public Health to provide the delivery of
4    timely newborn screening services in accordance with the
5    Newborn Metabolic Screening Act.
6        (17) Procurement expenditures necessary for the
7    Department of Agriculture, the Department of Financial and
8    Professional Regulation, the Department of Human Services,
9    and the Department of Public Health to implement the
10    Compassionate Use of Medical Cannabis Program and Opioid
11    Alternative Pilot Program requirements and ensure access
12    to medical cannabis for patients with debilitating medical
13    conditions in accordance with the Compassionate Use of
14    Medical Cannabis Program Act.
15        (18) This Code does not apply to any procurements
16    necessary for the Department of Agriculture, the
17    Department of Financial and Professional Regulation, the
18    Department of Human Services, the Department of Commerce
19    and Economic Opportunity, and the Department of Public
20    Health to implement the Cannabis Regulation and Tax Act if
21    the applicable agency has made a good faith determination
22    that it is necessary and appropriate for the expenditure
23    to fall within this exemption and if the process is
24    conducted in a manner substantially in accordance with the
25    requirements of Sections 20-160, 25-60, 30-22, 50-5,
26    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,

 

 

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1    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
2    Section 50-35, compliance applies only to contracts or
3    subcontracts over $100,000. Notice of each contract
4    entered into under this paragraph (18) that is related to
5    the procurement of goods and services identified in
6    paragraph (1) through (9) of this subsection shall be
7    published in the Procurement Bulletin within 14 calendar
8    days after contract execution. The Chief Procurement
9    Officer shall prescribe the form and content of the
10    notice. Each agency shall provide the Chief Procurement
11    Officer, on a monthly basis, in the form and content
12    prescribed by the Chief Procurement Officer, a report of
13    contracts that are related to the procurement of goods and
14    services identified in this subsection. At a minimum, this
15    report shall include the name of the contractor, a
16    description of the supply or service provided, the total
17    amount of the contract, the term of the contract, and the
18    exception to this Code utilized. A copy of any or all of
19    these contracts shall be made available to the Chief
20    Procurement Officer immediately upon request. The Chief
21    Procurement Officer shall submit a report to the Governor
22    and General Assembly no later than November 1 of each year
23    that includes, at a minimum, an annual summary of the
24    monthly information reported to the Chief Procurement
25    Officer. This exemption becomes inoperative 5 years after
26    June 25, 2019 (the effective date of Public Act 101-27).

 

 

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1        (19) Acquisition of modifications or adjustments,
2    limited to assistive technology devices and assistive
3    technology services, adaptive equipment, repairs, and
4    replacement parts to provide reasonable accommodations (i)
5    that enable a qualified applicant with a disability to
6    complete the job application process and be considered for
7    the position such qualified applicant desires, (ii) that
8    modify or adjust the work environment to enable a
9    qualified current employee with a disability to perform
10    the essential functions of the position held by that
11    employee, (iii) to enable a qualified current employee
12    with a disability to enjoy equal benefits and privileges
13    of employment as are enjoyed by its other similarly
14    situated employees without disabilities, and (iv) that
15    allow a customer, client, claimant, or member of the
16    public seeking State services full use and enjoyment of
17    and access to its programs, services, or benefits.
18        For purposes of this paragraph (19):
19        "Assistive technology devices" means any item, piece
20    of equipment, or product system, whether acquired
21    commercially off the shelf, modified, or customized, that
22    is used to increase, maintain, or improve functional
23    capabilities of individuals with disabilities.
24        "Assistive technology services" means any service that
25    directly assists an individual with a disability in
26    selection, acquisition, or use of an assistive technology

 

 

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1    device.
2        "Qualified" has the same meaning and use as provided
3    under the federal Americans with Disabilities Act when
4    describing an individual with a disability.
5        (20) (19) Procurement expenditures necessary for the
6    Illinois Commerce Commission to hire third-party
7    facilitators pursuant to Sections 16-105.17 and Section
8    16-108.18 of the Public Utilities Act or an ombudsman
9    pursuant to Section 16-107.5 of the Public Utilities Act,
10    a facilitator pursuant to Section 16-105.17 of the Public
11    Utilities Act, or a grid auditor pursuant to Section
12    16-105.10 of the Public Utilities Act.
13    Notwithstanding any other provision of law, for contracts
14entered into on or after October 1, 2017 under an exemption
15provided in any paragraph of this subsection (b), except
16paragraph (1), (2), or (5), each State agency shall post to the
17appropriate procurement bulletin the name of the contractor, a
18description of the supply or service provided, the total
19amount of the contract, the term of the contract, and the
20exception to the Code utilized. The chief procurement officer
21shall submit a report to the Governor and General Assembly no
22later than November 1 of each year that shall include, at a
23minimum, an annual summary of the monthly information reported
24to the chief procurement officer.
25    (c) This Code does not apply to the electric power
26procurement process provided for under Section 1-75 of the

 

 

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1Illinois Power Agency Act and Section 16-111.5 of the Public
2Utilities Act.
3    (d) Except for Section 20-160 and Article 50 of this Code,
4and as expressly required by Section 9.1 of the Illinois
5Lottery Law, the provisions of this Code do not apply to the
6procurement process provided for under Section 9.1 of the
7Illinois Lottery Law.
8    (e) This Code does not apply to the process used by the
9Capital Development Board to retain a person or entity to
10assist the Capital Development Board with its duties related
11to the determination of costs of a clean coal SNG brownfield
12facility, as defined by Section 1-10 of the Illinois Power
13Agency Act, as required in subsection (h-3) of Section 9-220
14of the Public Utilities Act, including calculating the range
15of capital costs, the range of operating and maintenance
16costs, or the sequestration costs or monitoring the
17construction of clean coal SNG brownfield facility for the
18full duration of construction.
19    (f) (Blank).
20    (g) (Blank).
21    (h) This Code does not apply to the process to procure or
22contracts entered into in accordance with Sections 11-5.2 and
2311-5.3 of the Illinois Public Aid Code.
24    (i) Each chief procurement officer may access records
25necessary to review whether a contract, purchase, or other
26expenditure is or is not subject to the provisions of this

 

 

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1Code, unless such records would be subject to attorney-client
2privilege.
3    (j) This Code does not apply to the process used by the
4Capital Development Board to retain an artist or work or works
5of art as required in Section 14 of the Capital Development
6Board Act.
7    (k) This Code does not apply to the process to procure
8contracts, or contracts entered into, by the State Board of
9Elections or the State Electoral Board for hearing officers
10appointed pursuant to the Election Code.
11    (l) This Code does not apply to the processes used by the
12Illinois Student Assistance Commission to procure supplies and
13services paid for from the private funds of the Illinois
14Prepaid Tuition Fund. As used in this subsection (l), "private
15funds" means funds derived from deposits paid into the
16Illinois Prepaid Tuition Trust Fund and the earnings thereon.
17    (m) This Code shall apply regardless of the source of
18funds with which contracts are paid, including federal
19assistance moneys. Except as specifically provided in this
20Code, this Code shall not apply to procurement expenditures
21necessary for the Department of Public Health to conduct the
22Healthy Illinois Survey in accordance with Section 2310-431 of
23the Department of Public Health Powers and Duties Law of the
24Civil Administrative Code of Illinois.
25(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
26101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff

 

 

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11-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
2eff. 9-15-21; revised 11-23-21.)
 
3    (30 ILCS 500/1-13)
4    Sec. 1-13. Applicability to public institutions of higher
5education.
6    (a) This Code shall apply to public institutions of higher
7education, regardless of the source of the funds with which
8contracts are paid, except as provided in this Section.
9    (b) Except as provided in this Section, this Code shall
10not apply to procurements made by or on behalf of public
11institutions of higher education for any of the following:
12        (1) Memberships in professional, academic, research,
13    or athletic organizations on behalf of a public
14    institution of higher education, an employee of a public
15    institution of higher education, or a student at a public
16    institution of higher education.
17        (2) Procurement expenditures for events or activities
18    paid for exclusively by revenues generated by the event or
19    activity, gifts or donations for the event or activity,
20    private grants, or any combination thereof.
21        (3) Procurement expenditures for events or activities
22    for which the use of specific potential contractors is
23    mandated or identified by the sponsor of the event or
24    activity, provided that the sponsor is providing a
25    majority of the funding for the event or activity.

 

 

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1        (4) Procurement expenditures necessary to provide
2    athletic, artistic or musical services, performances,
3    events, or productions by or for a public institution of
4    higher education.
5        (5) Procurement expenditures for periodicals, books,
6    subscriptions, database licenses, and other publications
7    procured for use by a university library or academic
8    department, except for expenditures related to procuring
9    textbooks for student use or materials for resale or
10    rental.
11        (6) Procurement expenditures for placement of students
12    in externships, practicums, field experiences, and for
13    medical residencies and rotations.
14        (7) Contracts for programming and broadcast license
15    rights for university-operated radio and television
16    stations.
17        (8) Procurement expenditures necessary to perform
18    sponsored research and other sponsored activities under
19    grants and contracts funded by the sponsor or by sources
20    other than State appropriations.
21        (9) Contracts with a foreign entity for research or
22    educational activities, provided that the foreign entity
23    either does not maintain an office in the United States or
24    is the sole source of the service or product.
25Notice of each contract entered into by a public institution
26of higher education that is related to the procurement of

 

 

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1goods and services identified in items (1) through (9) of this
2subsection shall be published in the Procurement Bulletin
3within 14 calendar days after contract execution. The Chief
4Procurement Officer shall prescribe the form and content of
5the notice. Each public institution of higher education shall
6provide the Chief Procurement Officer, on a monthly basis, in
7the form and content prescribed by the Chief Procurement
8Officer, a report of contracts that are related to the
9procurement of goods and services identified in this
10subsection. At a minimum, this report shall include the name
11of the contractor, a description of the supply or service
12provided, the total amount of the contract, the term of the
13contract, and the exception to the Code utilized. A copy of any
14or all of these contracts shall be made available to the Chief
15Procurement Officer immediately upon request. The Chief
16Procurement Officer shall submit a report to the Governor and
17General Assembly no later than November 1 of each year that
18shall include, at a minimum, an annual summary of the monthly
19information reported to the Chief Procurement Officer.
20    (b-5) Except as provided in this subsection, the
21provisions of this Code shall not apply to contracts for
22medical supplies, and to contracts for medical services
23necessary for the delivery of care and treatment at medical,
24dental, or veterinary teaching facilities utilized by Southern
25Illinois University or the University of Illinois and at any
26university-operated health care center or dispensary that

 

 

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1provides care, treatment, and medications for students,
2faculty and staff. Other supplies and services needed for
3these teaching facilities shall be subject to the jurisdiction
4of the Chief Procurement Officer for Public Institutions of
5Higher Education who may establish expedited procurement
6procedures and may waive or modify certification, contract,
7hearing, process and registration requirements required by the
8Code. All procurements made under this subsection shall be
9documented and may require publication in the Illinois
10Procurement Bulletin.
11    (b-10) Procurements made by or on behalf of the University
12of Illinois for investment services scheduled to expire June
132021 may be extended through June 2022 without being subject
14to the requirements of this Code. Any contract extended,
15renewed, or entered pursuant to this exception shall be
16published on the Executive Ethics Commission's website within
175 days of contract execution. This subsection is inoperative
18on and after July 1, 2022.
19    (c) Procurements made by or on behalf of public
20institutions of higher education for the fulfillment of a
21grant shall be made in accordance with the requirements of
22this Code to the extent practical.
23    Upon the written request of a public institution of higher
24education, the Chief Procurement Officer may waive contract,
25registration, certification, and hearing requirements of this
26Code if, based on the item to be procured or the terms of a

 

 

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1grant, compliance is impractical. The public institution of
2higher education shall provide the Chief Procurement Officer
3with specific reasons for the waiver, including the necessity
4of contracting with a particular potential contractor, and
5shall certify that an effort was made in good faith to comply
6with the provisions of this Code. The Chief Procurement
7Officer shall provide written justification for any waivers.
8By November 1 of each year, the Chief Procurement Officer
9shall file a report with the General Assembly identifying each
10contract approved with waivers and providing the justification
11given for any waivers for each of those contracts. Notice of
12each waiver made under this subsection shall be published in
13the Procurement Bulletin within 14 calendar days after
14contract execution. The Chief Procurement Officer shall
15prescribe the form and content of the notice.
16    (d) Notwithstanding this Section, a waiver of the
17registration requirements of Section 20-160 does not permit a
18business entity and any affiliated entities or affiliated
19persons to make campaign contributions if otherwise prohibited
20by Section 50-37. The total amount of contracts awarded in
21accordance with this Section shall be included in determining
22the aggregate amount of contracts or pending bids of a
23business entity and any affiliated entities or affiliated
24persons.
25    (e) The Notwithstanding subsection (e) of Section 50-10.5
26of this Code, the Chief Procurement Officer, with the approval

 

 

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1of the Executive Ethics Commission, may permit a public
2institution of higher education to accept a bid or enter into a
3contract with a business that assisted the public institution
4of higher education in determining whether there is a need for
5a contract or assisted in reviewing, drafting, or preparing
6documents related to a bid or contract, provided that the bid
7or contract is essential to research administered by the
8public institution of higher education and it is in the best
9interest of the public institution of higher education to
10accept the bid or contract. For purposes of this subsection,
11"business" includes all individuals with whom a business is
12affiliated, including, but not limited to, any officer, agent,
13employee, consultant, independent contractor, director,
14partner, manager, or shareholder of a business. The Executive
15Ethics Commission may promulgate rules and regulations for the
16implementation and administration of the provisions of this
17subsection (e).
18    (f) As used in this Section:
19    "Grant" means non-appropriated funding provided by a
20federal or private entity to support a project or program
21administered by a public institution of higher education and
22any non-appropriated funding provided to a sub-recipient of
23the grant.
24    "Public institution of higher education" means Chicago
25State University, Eastern Illinois University, Governors State
26University, Illinois State University, Northeastern Illinois

 

 

HB4551- 18 -LRB102 22620 RJF 31763 b

1University, Northern Illinois University, Southern Illinois
2University, University of Illinois, Western Illinois
3University, and, for purposes of this Code only, the Illinois
4Mathematics and Science Academy.
5    (g) (Blank).
6    (h) The General Assembly finds and declares that:
7        (1) Public Act 98-1076, which took effect on January
8    1, 2015, changed the repeal date set for this Section from
9    December 31, 2014 to December 31, 2016.
10        (2) The Statute on Statutes sets forth general rules
11    on the repeal of statutes and the construction of multiple
12    amendments, but Section 1 of that Act also states that
13    these rules will not be observed when the result would be
14    "inconsistent with the manifest intent of the General
15    Assembly or repugnant to the context of the statute".
16        (3) This amendatory Act of the 100th General Assembly
17    manifests the intention of the General Assembly to remove
18    the repeal of this Section.
19        (4) This Section was originally enacted to protect,
20    promote, and preserve the general welfare. Any
21    construction of this Section that results in the repeal of
22    this Section on December 31, 2014 would be inconsistent
23    with the manifest intent of the General Assembly and
24    repugnant to the context of this Code.
25    It is hereby declared to have been the intent of the
26General Assembly that this Section not be subject to repeal on

 

 

HB4551- 19 -LRB102 22620 RJF 31763 b

1December 31, 2014.
2    This Section shall be deemed to have been in continuous
3effect since December 20, 2011 (the effective date of Public
4Act 97-643), and it shall continue to be in effect
5henceforward until it is otherwise lawfully repealed. All
6previously enacted amendments to this Section taking effect on
7or after December 31, 2014, are hereby validated.
8    All actions taken in reliance on or pursuant to this
9Section by any public institution of higher education, person,
10or entity are hereby validated.
11    In order to ensure the continuing effectiveness of this
12Section, it is set forth in full and re-enacted by this
13amendatory Act of the 100th General Assembly. This
14re-enactment is intended as a continuation of this Section. It
15is not intended to supersede any amendment to this Section
16that is enacted by the 100th General Assembly.
17    In this amendatory Act of the 100th General Assembly, the
18base text of the reenacted Section is set forth as amended by
19Public Act 98-1076. Striking and underscoring is used only to
20show changes being made to the base text.
21    This Section applies to all procurements made on or before
22the effective date of this amendatory Act of the 100th General
23Assembly.
24(Source: P.A. 101-640, eff. 6-12-20; 102-16, eff. 6-17-21.)
 
25    (30 ILCS 500/1-35)

 

 

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1    (Section scheduled to be repealed on July 17, 2023)
2    Sec. 1-35. Application to Quincy Veterans' Home. This
3Code does not apply to any procurements related to the
4renovation, restoration, rehabilitation, or rebuilding of the
5Quincy Veterans' Home under the Quincy Veterans' Home
6Rehabilitation and Rebuilding Act, provided that the process
7shall be conducted in a manner substantially in accordance
8with the requirements of the following Sections of this Code:
920-160, 25-60, 30-22, 50-5, 50-10, 50-10.5, 50-12, 50-13,
1050-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50;
11however, for Section 50-35, compliance shall apply only to
12contracts or subcontracts over $100,000.
13    This Section is repealed 5 years after becoming law. The
14repeal of this Section shall not apply to contracts for
15procurements under the Quincy Veterans' Home Rehabilitation
16and Rebuilding Act executed prior to the repeal date.
17(Source: P.A. 102-35, eff. 6-25-21; 102-558, eff. 8-20-21.)
 
18    (30 ILCS 500/1-40)
19    Sec. 1-40. Application to James R. Thompson Center. In
20accordance with Section 7.4 of the State Property Control Act,
21this Code does not apply to any procurements related to the
22sale of the James R. Thompson Center, provided that the
23process shall be conducted in a manner substantially in
24accordance with the requirements of the following Sections of
25this Code: 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15,

 

 

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150-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. The
2exemption contained in this Section does not apply to any
3leases involving the James R. Thompson Center, including a
4leaseback authorized under Section 7.4 of the State Property
5Control Act.
6(Source: P.A. 102-558, eff. 8-20-21.)
 
7    (30 ILCS 500/30-15)
8    Sec. 30-15. Method of source selection.
9    (a) Competitive sealed bidding. Except as provided in
10subsections (b), (c), and (d) and Sections 20-20, 20-25, and
1120-30, all State construction contracts shall be procured by
12competitive sealed bidding in accordance with Section 20-10.
13    (b) Other methods. The Capital Development Board shall
14establish by rule construction purchases that may be made
15without competitive sealed bidding and the most competitive
16alternate method of source selection that shall be used.
17    (c) Construction-related professional services. All
18construction-related professional services contracts shall be
19awarded in accordance with the provisions of the
20Architectural, Engineering, and Land Surveying Qualifications
21Based Selection Act. "Professional services" means those
22services within the scope of the practice of architecture,
23professional engineering, structural engineering, or
24registered land surveying, as defined by the laws of this
25State.

 

 

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1    (d) Correctional facilities. Remodeling and rehabilitation
2projects at correctional facilities under $25,000 funded from
3the General Revenue Fund are exempt from the provisions of
4this Article. The Department of Corrections may use inmate
5labor for the remodeling or rehabilitation of correctional
6facilities on those projects under $25,000 funded from the
7General Revenue Fund. Notwithstanding any other law to the
8contrary, inmates performing such labor as provided under this
9subsection (d) shall be paid the prevailing wage for work of a
10similar character.
11(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
12    (30 ILCS 500/Art. 34 heading new)
13
ARTICLE 34.
14
SECOND CHANCE STATE CONTRACTS APPRENTICESHIP AND
15
PREAPPRENTICESHIP PROGRAM

 
16    (30 ILCS 500/34-1 new)
17    Sec. 34-1. Findings. The General Assembly finds that the
18provisions of this Article will specifically and individually
19benefit each person who and each entity that is a resident of
20the State of Illinois by, without limitation, reducing
21recidivism and the financial and social costs and violence
22attributable to recidivism.
 
23    (30 ILCS 500/34-5 new)

 

 

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1    Sec. 34-5. Definitions.
2    (a) As used in this Article:
3    "Apprentices" means participants in any apprenticeship
4program approved by and registered with the United States
5Department of Labor's Bureau of Apprenticeship and Training.
6    "Apprenticeship program" means an apprenticeship and
7training program approved by and registered with the United
8States Department of Labor's Bureau of Apprenticeship and
9Training.
10    "Certificate of arrest or conviction" means a certifying
11agency's certificate that an impacted individual has been
12arrested or convicted of a felony by any court of competent
13jurisdiction sitting in the United States or any territory of
14the United States. A certificate of arrest or conviction shall
15only state the name of the impacted individual to whom it is
16being issued and that the certifying agency has information
17showing that the impacted individual was arrested for
18committing a felony or convicted of a felony by any court of
19competent jurisdiction sitting in the United States or any
20territory of the United States. A certificate of arrest or
21conviction shall set forth no other information.
22    "Certifying agency" means the Illinois State Police, the
23Department of Corrections, the clerk of any circuit court of
24this State, any law enforcement agency of the State, or any
25political subdivision of the State.
26    "Chief procurement officer" has the same meaning as

 

 

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1provided under Section 1-15.15.
2    "Contract for public works" means any agreement entered on
3or after July 1, 2023 that involves public works regardless of
4the name given to such agreement or the form of such agreement.
5    "Contractor" means any person or entity that is a party to
6a contract for public works other than the State, any State
7agency, or any community college district.
8    "Impacted individual" means a person who: (i) is a citizen
9or lawful permanent resident of the United States; (ii) is a
10resident of the State of Illinois; and (iii) has been arrested
11for committing a felony or convicted of a felony by any court
12of competent jurisdiction sitting in the United States or any
13territory of the United States.
14    "Preapprenticeship program" means a program that: (i) has
15a documented partnership with an employer; (ii) is designed to
16prepare individuals to enter and succeed in an apprenticeship
17program; and (iii) includes all of the following:
18        (A) training and curriculum that aligns with the skill
19    needs of employers in the economy of the State or region
20    and that has been designed to prepare participants to meet
21    the minimum entry-level requirements of an apprenticeship
22    program;
23        (B) access to educational and career counseling, and
24    other supportive services as needed by participants;
25        (C) hands-on meaningful learning activities that are
26    connected to education and training activities, such as

 

 

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1    career exploration and career development experiences, and
2    that reinforce foundational professional skills,
3    including, at a minimum, those outlined in the Essential
4    Employability Skills framework, with the terms set forth
5    in this Section having the definitions given to them in
6    the most recent edition of the Illinois Career Pathways
7    Dictionary that includes such definitions; and
8        (D) upon successful completion of the program,
9    participants are supported to apply for an apprenticeship
10    program, and may receive preference for enrollment.
11    "Public works" means any work, contracted or funded, in
12whole or in part, by the State, any State agency, or any
13community college district, that constitutes public works
14under the Prevailing Wage Act.
15    (b) To the extent of a conflict between these definitions
16and any existing definition provided elsewhere in this Code or
17otherwise pursuant to law or applicable administrative rule,
18the definitions provided under this Section shall control.
 
19    (30 ILCS 500/34-10 new)
20    Sec. 34-10. Public works contracts hiring requirements.
21    (a) Notwithstanding any other provision of law to the
22contrary, no contract for public works in which the estimated
23total dollar amount of the contract for public works is
24$500,000 or more shall be valid unless it includes the
25following requirements:

 

 

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1        (1) The contractor shall cause impacted individuals to
2    be hired as apprentices to perform labor required pursuant
3    to the contract, with the impacted individuals being paid
4    wages and provided with benefits with a total dollar cost
5    equal to not less than 5% of the total dollar amount of the
6    contract for public works. Taxes paid solely by the
7    contractor as a result of its hiring of impacted
8    individuals under this Act shall not be included in the
9    computation of wages paid and benefits provided to
10    impacted individuals pursuant to this Section.
11        (2) The contractor shall provide the chief procurement
12    officer and the purchasing agency or community college
13    district that is a party to the contract for public works
14    with the contractor's affidavits, given under oath,
15    evidencing the contractor's compliance with this Article.
16    Those affidavits shall, at a minimum, set forth the total
17    dollar amount of the contractor's contract for public
18    works and include the following information pertaining to
19    each of the impacted individuals hired pursuant to the
20    contract for public works:
21            (i) name and residential address;
22            (ii) job classification;
23            (iii) hourly wage;
24            (iv) number of non-overtime hours worked during
25        each week included in the period covered by the
26        affidavit;

 

 

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1            (v) number of overtime hours worked during each
2        week included in the period covered by the affidavit;
3            (vi) amount of non-overtime wages paid during each
4        week included in the period covered by the affidavit;
5            (vii) amount of overtime wages paid during each
6        week included in the period covered by the affidavit;
7        and
8            (viii) the cost of benefits that were provided
9        during each week included in the period covered by the
10        affidavit and were not paid by any impacted
11        individuals.
12    (b) Taxes paid solely by the contractor as a result of its
13hiring of impacted individuals pursuant to this Act shall not
14be included in the computation of wages paid and benefits
15provided to impacted individuals pursuant to this Section. The
16affidavit shall also include additional information evidencing
17compliance with this Article as may be required by the chief
18procurement officer or the purchasing agency or community
19college district that is a party to the contract for public
20works. The contractor shall provide the affidavits to the
21chief procurement officer or the purchasing agency or
22community college district that is a party to the contract for
23public works according to the following schedule:
24        (1) The affidavit reflecting wages paid and benefits
25    provided between January 1 and June 30 of any year shall be
26    due on July 31 of that year.

 

 

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1        (2) The affidavit reflecting wages paid and benefits
2    provided between July 1 and December 31 of any year shall
3    be due on January 31 of the following year.
4    (c) Each contract for public works shall expressly include
5the provisions of this Section.
 
6    (30 ILCS 500/34-15 new)
7    Sec. 34-15. Waivers.
8    (a) The chief procurement officer, upon the written
9request of a contractor, may wholly or partially waive that
10contractor's compliance with paragraph (1) of subsection (a)
11of Section 34-10 whenever that chief procurement officer has
12made a written determination, based on the best information
13available at the time of the determination, that there is an
14insufficient number of impacted individuals who are able to
15qualify for an apprenticeship program related to the work that
16is the subject of the contractor's contract for public works.
17    (b) A contractor's written request for waiver to the chief
18procurement officer pursuant to this Section must include, at
19a minimum and without limitation, the following:
20        (1) Evidence that the contractor contacted every
21    apprenticeship program within 100 miles of the locations
22    where the work pursuant to the contractor's contract for
23    public works is expected to be performed, for the purpose
24    of hiring impacted individuals who are participating in
25    such apprenticeship programs, and the response of each

 

 

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1    such apprenticeship program.
2        (2) Evidence that the contractor contacted every
3    preapprenticeship programs within 100 miles of the
4    locations where the work pursuant to the contractor's
5    contract for public works is expected to be performed, for
6    the purpose of hiring impacted individuals who are
7    participating in such preapprenticeship programs, and the
8    response of each such preapprenticeship program.
9        (3) Evidence that the contractor contacted not less
10    than 40 reentry navigators or similarly titled individuals
11    who facilitate the provision of services to impacted
12    individuals or apprenticeship programs and who are located
13    within 100 miles of the locations where the work pursuant
14    to the contractor's contract for public works is expected
15    to be performed, for the purpose of hiring impacted
16    individuals as apprentices, and the response of each
17    reentry navigator or similarly titled individual.
18        (4) Evidence that the contractor undertook other
19    diligent efforts to solicit and hire impacted individuals
20    as apprentices for the contractor's contract for public
21    works, with that evidence being in addition to other
22    evidence required by this Section.
23        (5) The total dollar amount of all wages the
24    contractor would have paid to impacted individuals but for
25    the requested waiver being granted and the contractor
26    being able to hire those impacted individuals who would

 

 

HB4551- 30 -LRB102 22620 RJF 31763 b

1    otherwise be required pursuant to this Article.
2        (6) The total dollar amount of all benefits the
3    contractor would have expended on behalf of impacted
4    individuals but for the requested waiver being granted and
5    the contractor being able to hire those impacted
6    individuals who would otherwise be required pursuant to
7    this Article.
8        (7) Any additional evidence as the chief procurement
9    officer may reasonably find to be required to make a
10    determination on the contractor's request.
11        (8) A statement made under oath or attestation that
12    the matters included in the contractor's request for
13    waiver are true and correct to the best of the
14    contractor's knowledge after a reasonable inquiry.
15    (c) Taxes that would have been paid solely by the
16contractor as a result of its hiring of impacted individuals
17pursuant to this Act shall not be included in the computation
18of wages paid and benefits provided to impacted individuals
19pursuant to this Section.
20    (d) The chief procurement officer shall make each request
21for waiver and all documents provided to it by a contractor in
22support of that request available on that chief procurement
23officer's website. No determination shall be made on any
24request until 10 business days after that chief procurement
25officer has made the request and all supporting documents
26available on its website. Within that 10 business day period,

 

 

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1any person who or entity that is a resident of the State of
2Illinois, without need for showing any interest in the
3contract or waiver at issue, may submit evidence and opinions
4to that chief procurement officer in opposition to the
5contractor's request for waiver. The evidence shall be
6accompanied by a statement made under oath or attestation that
7the matters provided in opposition to the contractor's request
8for waiver are true and correct to the best of the knowledge of
9the person or entity that is submitting them, after a
10reasonable inquiry.
11    The granting of a waiver pursuant to this Section shall be
12disfavored and shall be granted only when there is clear and
13convincing evidence to support the waiver, considering,
14without limitation, the contractor's request, documents
15provided by the contractor in support of that request and any
16submissions made in opposition to that request pursuant to
17this Section. The chief procurement officer's determination
18regarding each waiver shall set forth, in detail, the reasons
19for that determination and all matters supporting that
20determination. The chief procurement officer shall post each
21determination on its website within one business day after the
22determination is made and shall serve notice of the
23determination on all persons who or entities that submitted
24evidence and opinions to the chief procurement officer in
25opposition to the contractor's request for the waiver within 5
26business days after the determination.

 

 

HB4551- 32 -LRB102 22620 RJF 31763 b

1    The provisions of the Administrative Review Law shall
2apply to and govern every action to review judicially a
3determination made by the chief procurement officer in
4response to a contractor's request for waiver pursuant to this
5Section. Notwithstanding any other law to the contrary, all
6persons who or entities that submitted evidence and opinions
7to the chief procurement officer in opposition to the
8contractor's request for the waiver shall have standing to
9seek judicial review of a determination made by the chief
10procurement officer in opposition to a contractor's request
11for waiver pursuant to this Section.
12    (e) A contractor that has been granted a waiver pursuant
13to this Section shall, within 5 business days after the
14granting of that waiver, pay the following amounts to a
15program within this State that provides preapprenticeship
16training to impacted individuals pursuant to Section 34-30:
17        (1) the total dollar amount of all wages the
18    contractor would have paid to impacted individuals but for
19    the requested waiver being granted and the contractor
20    being able to hire those impacted individuals who would
21    otherwise be required pursuant to this Article; and
22        (2) the total dollar amount of all benefits the
23    contractor would have expended on behalf of impacted
24    individuals but for the requested waiver being granted and
25    the contractor being able to hire those impacted
26    individuals who would otherwise be required pursuant to

 

 

HB4551- 33 -LRB102 22620 RJF 31763 b

1    this Article.
2    Amounts paid by a contractor pursuant to this subsection
3(e) shall be in addition to and supplement existing payments
4for such preapprenticeship training programs and shall not
5substitute for payments otherwise necessary for such programs.
 
6    (30 ILCS 500/34-20 new)
7    Sec. 34-20. Certificate of arrest or conviction.
8    (a) An impacted individual may request a certificate of
9arrest or conviction from any certifying agency. There shall
10be no charge for such a request or response thereto. Within 10
11business days after receiving a request, the certifying agency
12shall provide the impacted individual who made the request
13with either: (i) a certificate of arrest or conviction; or
14(ii) a statement that it does not have information sufficient
15to provide a certificate of arrest or conviction.
16    (b) Every certifying agency shall adopt reasonable
17procedures for the request and issuance of a certificate of
18arrest or conviction. The procedures shall be set forth on the
19certifying agency's website, and shall allow, at a minimum,
20for an impacted individual to make a request for a certificate
21through the certifying agency's website, by email, by regular
22mail, and in-person at or by other means of delivery to the
23certifying agency's office.
24    (c) For purposes of complying with this Article, a
25certificate of arrest or conviction shall constitute evidence

 

 

HB4551- 34 -LRB102 22620 RJF 31763 b

1that the person named thereon has been arrested or convicted
2of a felony by any court of competent jurisdiction sitting in
3the United States or any territory of the United States. A
4contractor shall accept and may rely upon a certificate of
5arrest or conviction that is presented to the contractor by or
6on behalf of an impacted person for purposes of evidencing
7compliance with this Article. Notwithstanding the foregoing, a
8contractor shall also accept and may rely upon any other
9reasonable evidence of an impacted individual's arrest for the
10commission of a felony or conviction of a felony by any court
11of competent jurisdiction sitting in the United States or any
12territory of the United States that is presented to the
13contractor by or on behalf of that impacted person for
14purposes of evidencing compliance with this Article.
 
15    (30 ILCS 500/34-25 new)
16    Sec. 34-25. Fiscal year reports.
17    (a) By or before November 1, 2024 and on November 1 of each
18year thereafter, the chief procurement officer shall report to
19the General Assembly on compliance with this Article during
20the fiscal year immediately preceding the date of the report.
21Each report shall, at a minimum, include the following for the
22period covered by the fiscal year immediately preceding the
23date of the report:
24        (1) The total dollar amount of all contracts for
25    public works.

 

 

HB4551- 35 -LRB102 22620 RJF 31763 b

1        (2) The total number of impacted individuals who were
2    employed as apprentices pursuant to contracts for public
3    works.
4        (3) The total amount of non-overtime hours worked by
5    impacted individuals as apprentices pursuant to contracts
6    for public works.
7        (4) The total amount of overtime hours worked by
8    impacted individuals as apprentices pursuant to contracts
9    for public works.
10        (5) The total amount of non-overtime wages paid to
11    impacted individuals as apprentices pursuant to contracts
12    for public works.
13        (6) The total amount of overtime wages paid to
14    impacted individuals as apprentices pursuant to contracts
15    for public works.
16        (7) The total cost of benefits that were provided to
17    impacted individuals pursuant to contracts for public
18    works and that were not paid by any impacted individuals.
19        (8) The total number of waivers from the requirements
20    of this Article that were requested by contractors,
21    including: (i) the total number of determinations granting
22    waivers; (ii) the total dollar amount of all contracts for
23    public works that were the subject of requests for waivers
24    that were granted; (iii) the total amount of all wages and
25    all contractors requesting waivers that were granted that
26    would have been paid to impacted individuals had the

 

 

HB4551- 36 -LRB102 22620 RJF 31763 b

1    waiver not been granted, and those contractors that hired
2    impacted individuals who would otherwise be required
3    pursuant to this Article; and (iv) the total dollar amount
4    of all benefits of all contractors requesting waivers that
5    were granted that would have expended on behalf of
6    impacted individuals had the waiver not been granted and
7    those contractors that hired impacted individuals who
8    would otherwise be required pursuant to this Article.
9    (b) Taxes paid solely by the contractor as a result of its
10hiring of impacted individuals pursuant to this Act shall not
11be included in the computation of wages paid and benefits
12provided to impacted individuals pursuant to this Section.
 
13    (30 ILCS 500/34-30 new)
14    Sec. 34-30. Funding preapprenticeship programs.
15    (a) No collective bargaining agreement entered into by the
16State or any State agency on or after the effective date of
17this amendatory Act of the 102nd General Assembly shall be
18valid unless it provides that an amount equal to not less than
195% of the dollar amount of wages paid and benefits provided by
20the State or State agency pursuant to the collective
21bargaining agreement shall be contributed by the labor union
22that is a party to that collective bargaining agreement to one
23or more preapprenticeship programs that exclusively serve
24impacted individuals.
25    (b) No collective bargaining agreement entered into by the

 

 

HB4551- 37 -LRB102 22620 RJF 31763 b

1State or any State agency that is in effect prior to the
2effective date of this amendatory Act of the 102nd General
3Assembly shall be renewed, extended, or otherwise continued
4beyond the initial duration of that collective bargaining
5agreement, unless the labor union that is a party to that
6collective bargaining agreement agrees to make the
7contribution required by subsection (a) throughout the period
8of the renewal, extension, or continuation. The State or any
9State agency that is a party to a collective bargaining
10agreement that is in effect prior to the effective date of this
11amendatory Act of the 102nd General Assembly shall provide all
12notices and cancellations, and take all other actions required
13pursuant to the collective bargaining agreement or any other
14legal requirements to effectuate the provisions of this
15subsection (b).
16    (c) Taxes paid solely by the State or State agency as a
17result of its entry into a collective bargaining agreement
18shall not be included in the computation of wages paid and
19benefits provided pursuant to that collective bargaining
20agreement.
21    (d) Each union that is required to make contributions to
22one or more preapprenticeship programs that exclusively serve
23impacted individuals pursuant to this Section shall provide a
24sworn statement with reasonable evidence of its compliance
25with this Section to the chief procurement office on a
26semi-annual basis.

 

 

HB4551- 38 -LRB102 22620 RJF 31763 b

1    (e) Nothing in this Act shall be construed to prohibit a
2labor union that is required to make contributions to one or
3more preapprenticeship programs that exclusively serve
4impacted individuals pursuant to this Section from making
5those contributions to a preapprenticeship program that
6exclusively serves impacted individuals and is operated or
7sponsored by that labor union.
 
8    (30 ILCS 500/34-35 new)
9    Sec. 34-35. Standing to enforce. Each person who and each
10entity that is a resident of the State of Illinois has standing
11to enforce the provisions of this Article without need of
12showing any other interest in the matter.
 
13    (30 ILCS 500/50-60)
14    Sec. 50-60. Voidable contracts.
15    (a) If any contract or amendment thereto is entered into
16or purchase or expenditure of funds is made at any time in
17violation of this Code or any other law, the contract or
18amendment thereto may be declared void by the chief
19procurement officer or may be ratified and affirmed, provided
20the chief procurement officer determines that ratification is
21in the best interests of the State. If the contract is ratified
22and affirmed, it shall be without prejudice to the State's
23rights to any appropriate damages.
24    (b) If, during the term of a contract, the chief

 

 

HB4551- 39 -LRB102 22620 RJF 31763 b

1procurement officer determines that the contractor is
2delinquent in the payment of debt as set forth in Section 50-11
3of this Code, the chief procurement officer may declare the
4contract void if it determines that voiding the contract is in
5the best interests of the State. The Debt Collection Bureau
6shall adopt rules for the implementation of this subsection
7(b).
8    (c) (Blank). If, during the term of a contract, the chief
9procurement officer determines that the contractor is in
10violation of Section 50-10.5 of this Code, the chief
11procurement officer shall declare the contract void.
12    (d) If, during the term of a contract, the contracting
13agency learns from an annual certification or otherwise
14determines that the contractor no longer qualifies to enter
15into State contracts by reason of Section 50-5, 50-10, 50-12,
1650-14, or 50-14.5 of this Article, the chief procurement
17officer may declare the contract void if it determines that
18voiding the contract is in the best interests of the State.
19    (e) If, during the term of a contract, the chief
20procurement officer learns from an annual certification or
21otherwise determines that a subcontractor subject to Section
2220-120 no longer qualifies to enter into State contracts by
23reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14,
24or 50-14.5 of this Article, the chief procurement officer may
25declare the related contract void if it determines that
26voiding the contract is in the best interests of the State.

 

 

HB4551- 40 -LRB102 22620 RJF 31763 b

1However, the related contract shall not be declared void
2unless the contractor refuses to terminate the subcontract
3upon the State's request after a finding that the
4subcontractor no longer qualifies to enter into State
5contracts by reason of one of the Sections listed in this
6subsection.
7    (f) The changes to this Section made by Public Act 96-795
8apply to actions taken by the chief procurement officer on or
9after July 1, 2010.
10(Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see
11Section 5 of P.A. 96-793 for the effective date of changes made
12by P.A. 96-795); 96-1000, eff. 7-2-10; 97-895, eff. 8-3-12.)
 
13    (30 ILCS 500/50-10 rep.)
14    (30 ILCS 500/50-10.5 rep.)
15    Section 10. The Illinois Procurement Code is amended by
16repealing Sections 50-10 and 50-10.5.
 
17    Section 15. The Business Enterprise for Minorities, Women,
18and Persons with Disabilities Act is amended by changing
19Section 2 as follows:
 
20    (30 ILCS 575/2)
21    (Section scheduled to be repealed on June 30, 2024)
22    Sec. 2. Definitions.
23    (A) For the purpose of this Act, the following terms shall

 

 

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1have the following definitions:
2        (1) "Minority person" shall mean a person who is a
3    citizen or lawful permanent resident of the United States
4    and who is any of the following:
5            (a) American Indian or Alaska Native (a person
6        having origins in any of the original peoples of North
7        and South America, including Central America, and who
8        maintains tribal affiliation or community attachment).
9            (b) Asian (a person having origins in any of the
10        original peoples of the Far East, Southeast Asia, or
11        the Indian subcontinent, including, but not limited
12        to, Cambodia, China, India, Japan, Korea, Malaysia,
13        Pakistan, the Philippine Islands, Thailand, and
14        Vietnam).
15            (c) Black or African American (a person having
16        origins in any of the black racial groups of Africa).
17            (d) Hispanic or Latino (a person of Cuban,
18        Mexican, Puerto Rican, South or Central American, or
19        other Spanish culture or origin, regardless of race).
20            (e) Native Hawaiian or Other Pacific Islander (a
21        person having origins in any of the original peoples
22        of Hawaii, Guam, Samoa, or other Pacific Islands).
23        (2) "Woman" shall mean a person who is a citizen or
24    lawful permanent resident of the United States and who is
25    of the female gender.
26        (2.05) "Person with a disability" means: (i) a person

 

 

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1    who is a citizen or lawful resident of the United States
2    and is a person qualifying as a person with a disability
3    under subdivision (2.1) of this subsection (A); or (ii) a
4    person who is a citizen or lawful permanent resident of
5    the United States and a resident of the State of Illinois
6    who has been arrested for committing a felony or convicted
7    of a felony by any court of competent jurisdiction sitting
8    in the United States or any territory of the United
9    States.
10        (2.1) "Person with a disability" means a person with a
11    severe physical or mental disability that:
12            (a) results from:
13            amputation,
14            arthritis,
15            autism,
16            blindness,
17            burn injury,
18            cancer,
19            cerebral palsy,
20            Crohn's disease,
21            cystic fibrosis,
22            deafness,
23            head injury,
24            heart disease,
25            hemiplegia,
26            hemophilia,

 

 

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1            respiratory or pulmonary dysfunction,
2            an intellectual disability,
3            mental illness,
4            multiple sclerosis,
5            muscular dystrophy,
6            musculoskeletal disorders,
7            neurological disorders, including stroke and
8        epilepsy,
9            paraplegia,
10            quadriplegia and other spinal cord conditions,
11            sickle cell anemia,
12            ulcerative colitis,
13            specific learning disabilities, or
14            end stage renal failure disease; and
15            (b) substantially limits one or more of the
16        person's major life activities.
17        Another disability or combination of disabilities may
18    also be considered as a severe disability for the purposes
19    of item (a) of this subdivision (2.1) if it is determined
20    by an evaluation of rehabilitation potential to cause a
21    comparable degree of substantial functional limitation
22    similar to the specific list of disabilities listed in
23    item (a) of this subdivision (2.1).
24        (3) "Minority-owned business" means a business which
25    is at least 51% owned by one or more minority persons, or
26    in the case of a corporation, at least 51% of the stock in

 

 

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1    which is owned by one or more minority persons; and the
2    management and daily business operations of which are
3    controlled by one or more of the minority individuals who
4    own it.
5        (4) "Women-owned business" means a business which is
6    at least 51% owned by one or more women, or, in the case of
7    a corporation, at least 51% of the stock in which is owned
8    by one or more women; and the management and daily
9    business operations of which are controlled by one or more
10    of the women who own it.
11        (4.1) "Business owned by a person with a disability"
12    means a business that is at least 51% owned by one or more
13    persons with a disability and the management and daily
14    business operations of which are controlled by one or more
15    of the persons with disabilities who own it. A
16    not-for-profit agency for persons with disabilities that
17    is exempt from taxation under Section 501 of the Internal
18    Revenue Code of 1986 is also considered a "business owned
19    by a person with a disability".
20        (4.2) "Council" means the Business Enterprise Council
21    for Minorities, Women, and Persons with Disabilities
22    created under Section 5 of this Act.
23        (4.3) "Commission" means, unless the context clearly
24    indicates otherwise, the Commission on Equity and
25    Inclusion created under the Commission on Equity and
26    Inclusion Act.

 

 

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1        (5) "State contracts" means all contracts entered into
2    by the State, any agency or department thereof, or any
3    public institution of higher education, including
4    community college districts, regardless of the source of
5    the funds with which the contracts are paid, which are not
6    subject to federal reimbursement. "State contracts" does
7    not include contracts awarded by a retirement system,
8    pension fund, or investment board subject to Section
9    1-109.1 of the Illinois Pension Code. This definition
10    shall control over any existing definition under this Act
11    or applicable administrative rule.
12        "State construction contracts" means all State
13    contracts entered into by a State agency or public
14    institution of higher education for the repair,
15    remodeling, renovation or construction of a building or
16    structure, or for the construction or maintenance of a
17    highway defined in Article 2 of the Illinois Highway Code.
18        (6) "State agencies" shall mean all departments,
19    officers, boards, commissions, institutions and bodies
20    politic and corporate of the State, but does not include
21    the Board of Trustees of the University of Illinois, the
22    Board of Trustees of Southern Illinois University, the
23    Board of Trustees of Chicago State University, the Board
24    of Trustees of Eastern Illinois University, the Board of
25    Trustees of Governors State University, the Board of
26    Trustees of Illinois State University, the Board of

 

 

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1    Trustees of Northeastern Illinois University, the Board of
2    Trustees of Northern Illinois University, the Board of
3    Trustees of Western Illinois University, municipalities or
4    other local governmental units, or other State
5    constitutional officers.
6        (7) "Public institutions of higher education" means
7    the University of Illinois, Southern Illinois University,
8    Chicago State University, Eastern Illinois University,
9    Governors State University, Illinois State University,
10    Northeastern Illinois University, Northern Illinois
11    University, Western Illinois University, the public
12    community colleges of the State, and any other public
13    universities, colleges, and community colleges now or
14    hereafter established or authorized by the General
15    Assembly.
16        (8) "Certification" means a determination made by the
17    Council or by one delegated authority from the Council to
18    make certifications, or by a State agency with statutory
19    authority to make such a certification, that a business
20    entity is a business owned by a minority, woman, or person
21    with a disability for whatever purpose. A business owned
22    and controlled by women shall be certified as a
23    "woman-owned business". A business owned and controlled by
24    women who are also minorities shall be certified as both a
25    "women-owned business" and a "minority-owned business".
26        (9) "Control" means the exclusive or ultimate and sole

 

 

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1    control of the business including, but not limited to,
2    capital investment and all other financial matters,
3    property, acquisitions, contract negotiations, legal
4    matters, officer-director-employee selection and
5    comprehensive hiring, operating responsibilities,
6    cost-control matters, income and dividend matters,
7    financial transactions and rights of other shareholders or
8    joint partners. Control shall be real, substantial and
9    continuing, not pro forma. Control shall include the power
10    to direct or cause the direction of the management and
11    policies of the business and to make the day-to-day as
12    well as major decisions in matters of policy, management
13    and operations. Control shall be exemplified by possessing
14    the requisite knowledge and expertise to run the
15    particular business and control shall not include simple
16    majority or absentee ownership.
17        (10) "Business" means a business that has annual gross
18    sales of less than $75,000,000 as evidenced by the federal
19    income tax return of the business. A firm with gross sales
20    in excess of this cap may apply to the Council for
21    certification for a particular contract if the firm can
22    demonstrate that the contract would have significant
23    impact on businesses owned by minorities, women, or
24    persons with disabilities as suppliers or subcontractors
25    or in employment of minorities, women, or persons with
26    disabilities.

 

 

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1        (11) "Utilization plan" means a form and additional
2    documentations included in all bids or proposals that
3    demonstrates a vendor's proposed utilization of vendors
4    certified by the Business Enterprise Program to meet the
5    targeted goal. The utilization plan shall demonstrate that
6    the Vendor has either: (1) met the entire contract goal or
7    (2) requested a full or partial waiver and made good faith
8    efforts towards meeting the goal.
9        (12) "Business Enterprise Program" means the Business
10    Enterprise Program of the Commission on Equity and
11    Inclusion.
12    (B) When a business is owned at least 51% by any
13combination of minority persons, women, or persons with
14disabilities, even though none of the 3 classes alone holds at
15least a 51% interest, the ownership requirement for purposes
16of this Act is considered to be met. The certification
17category for the business is that of the class holding the
18largest ownership interest in the business. If 2 or more
19classes have equal ownership interests, the certification
20category shall be determined by the business.
21(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
22102-29, eff. 6-25-21.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.

 

 

HB4551- 49 -LRB102 22620 RJF 31763 b

1 INDEX
2 Statutes amended in order of appearance
3    30 ILCS 500/1-10
4    30 ILCS 500/1-13
5    30 ILCS 500/1-35
6    30 ILCS 500/1-40
7    30 ILCS 500/30-15
8    30 ILCS 500/Art. 34
9    heading new
10    30 ILCS 500/34-1 new
11    30 ILCS 500/34-5 new
12    30 ILCS 500/34-10 new
13    30 ILCS 500/34-15 new
14    30 ILCS 500/34-20 new
15    30 ILCS 500/34-25 new
16    30 ILCS 500/34-30 new
17    30 ILCS 500/34-35 new
18    30 ILCS 500/50-60
19    30 ILCS 500/50-10 rep.
20    30 ILCS 500/50-10.5 rep.
21    30 ILCS 575/2