Sen. James F. Clayborne, Jr.

Filed: 3/10/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1334

2    AMENDMENT NO. ______. Amend Senate Bill 1334 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Business Enterprise for Minorities,
5Females, and Persons with Disabilities Act is amended by
6changing Sections 2, 3, 4, 5, 6, 6a, 7, 8, and 8f and by adding
7Section 4f as follows:
 
8    (30 ILCS 575/2)
9    (Section scheduled to be repealed on June 30, 2016)
10    Sec. 2. Definitions.
11    (A) For the purpose of this Act, the following terms shall
12have the following definitions:
13        (1) "Minority person" shall mean a person who is a
14    citizen or lawful permanent resident of the United States
15    and who is any of the following:
16            (a) American Indian or Alaska Native (a person

 

 

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1        having origins in any of the original peoples of North
2        and South America, including Central America, and who
3        maintains tribal affiliation or community attachment).
4            (b) Asian (a person having origins in any of the
5        original peoples of the Far East, Southeast Asia, or
6        the Indian subcontinent, including, but not limited
7        to, Cambodia, China, India, Japan, Korea, Malaysia,
8        Pakistan, the Philippine Islands, Thailand, and
9        Vietnam).
10            (c) Black or African American (a person having
11        origins in any of the black racial groups of Africa).
12        Terms such as "Haitian" or "Negro" can be used in
13        addition to "Black or African American".
14            (d) Hispanic or Latino (a person of Cuban, Mexican,
15        Puerto Rican, South or Central American, or other
16        Spanish culture or origin, regardless of race).
17            (e) Native Hawaiian or Other Pacific Islander (a
18        person having origins in any of the original peoples of
19        Hawaii, Guam, Samoa, or other Pacific Islands).
20        (2) "Female" shall mean a person who is a citizen or
21    lawful permanent resident of the United States and who is
22    of the female gender.
23        (2.05) "Person with a disability" means a person who is
24    a citizen or lawful resident of the United States and is a
25    person qualifying as being disabled under subdivision
26    (2.1) of this subsection (A).

 

 

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1        (2.1) "Disabled" means a severe physical or mental
2    disability that:
3            (a) results from:
4            amputation,
5            arthritis,
6            autism,
7            blindness,
8            burn injury,
9            cancer,
10            cerebral palsy,
11            Crohn's disease,
12            cystic fibrosis,
13            deafness,
14            head injury,
15            heart disease,
16            hemiplegia,
17            hemophilia,
18            respiratory or pulmonary dysfunction,
19            an intellectual disability,
20            mental illness,
21            multiple sclerosis,
22            muscular dystrophy,
23            musculoskeletal disorders,
24            neurological disorders, including stroke and
25        epilepsy,
26            paraplegia,

 

 

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1            quadriplegia and other spinal cord conditions,
2            sickle cell anemia,
3            ulcerative colitis,
4            specific learning disabilities, or
5            end stage renal failure disease; and
6            (b) substantially limits one or more of the
7        person's major life activities.
8        Another disability or combination of disabilities may
9    also be considered as a severe disability for the purposes
10    of item (a) of this subdivision (2.1) if it is determined
11    by an evaluation of rehabilitation potential to cause a
12    comparable degree of substantial functional limitation
13    similar to the specific list of disabilities listed in item
14    (a) of this subdivision (2.1).
15        (3) "Minority owned business" means a business concern
16    which is at least 51% owned by one or more minority
17    persons, or in the case of a corporation, at least 51% of
18    the stock in which is owned by one or more minority
19    persons; and the management and daily business operations
20    of which are controlled by one or more of the minority
21    individuals who own it.
22        (4) "Female owned business" means a business concern
23    which is at least 51% owned by one or more females, or, in
24    the case of a corporation, at least 51% of the stock in
25    which is owned by one or more females; and the management
26    and daily business operations of which are controlled by

 

 

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1    one or more of the females who own it.
2        (4.1) "Business owned by a person with a disability"
3    means a business concern that is at least 51% owned by one
4    or more persons with a disability and the management and
5    daily business operations of which are controlled by one or
6    more of the persons with disabilities who own it. A
7    not-for-profit agency for persons with disabilities that
8    is exempt from taxation under Section 501 of the Internal
9    Revenue Code of 1986 is also considered a "business owned
10    by a person with a disability".
11        (4.2) "Council" means the Business Enterprise Council
12    for Minorities, Females, and Persons with Disabilities
13    created under Section 5 of this Act.
14        (5) "State contracts" means all State contracts
15    regardless of the source of the funds with which the
16    contracts are paid. This definition shall control over any
17    existing definition under this Act or applicable
18    administrative rule. "State contracts" shall mean all
19    State contracts, funded exclusively with State funds which
20    are not subject to federal reimbursement, whether
21    competitively bid or negotiated as defined by the Secretary
22    of the Council and approved by the Council.
23        "State construction contracts" means all State
24    contracts entered into by a State agency or public
25    institution of higher education State university for the
26    repair, remodeling, renovation or construction of a

 

 

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1    building or structure, or for the construction or
2    maintenance of a highway defined in Article 2 of the
3    Illinois Highway Code.
4        (6) "State agencies" shall mean all departments,
5    officers, boards, commissions, institutions and bodies
6    politic and corporate of the State, but does not include
7    the Board of Trustees of the University of Illinois, the
8    Board of Trustees of Southern Illinois University, the
9    Board of Trustees of Chicago State University, the Board of
10    Trustees of Eastern Illinois University, the Board of
11    Trustees of Governors State University, the Board of
12    Trustees of Illinois State University, the Board of
13    Trustees of Northeastern Illinois University, the Board of
14    Trustees of Northern Illinois University, the Board of
15    Trustees of Western Illinois University, municipalities or
16    other local governmental units, or other State
17    constitutional officers.
18        (7) "Public institutions of higher education" means
19    the University of Illinois, Southern Illinois University,
20    Chicago State University, Eastern Illinois University,
21    Governors State University, Illinois State University,
22    Northeastern Illinois University, Northern Illinois
23    University, Western Illinois University, the public
24    community colleges of the State, and any other public
25    universities, colleges and community colleges now or
26    hereafter established or authorized by the General

 

 

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1    Assembly. "State universities" shall mean the Board of
2    Trustees of the University of Illinois, the Board of
3    Trustees of Southern Illinois University, the Board of
4    Trustees of Chicago State University, the Board of Trustees
5    of Eastern Illinois University, the Board of Trustees of
6    Governors State University, the Board of Trustees of
7    Illinois State University, the Board of Trustees of
8    Northeastern Illinois University, the Board of Trustees of
9    Northern Illinois University, and the Board of Trustees of
10    Western Illinois University.
11        (8) "Certification" means a determination made by the
12    Council or by one delegated authority from the Council to
13    make certifications, or by a State agency with statutory
14    authority to make such a certification, that a business
15    entity is a business owned by a minority, female, or person
16    with a disability for whatever purpose. A business owned
17    and controlled by females shall be certified as a "female
18    owned business". A business owned and controlled by females
19    who are also minorities shall be certified as both a
20    "female owned business" and a "minority owned business".
21        (9) "Control" means the exclusive or ultimate and sole
22    control of the business including, but not limited to,
23    capital investment and all other financial matters,
24    property, acquisitions, contract negotiations, legal
25    matters, officer-director-employee selection and
26    comprehensive hiring, operating responsibilities,

 

 

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1    cost-control matters, income and dividend matters,
2    financial transactions and rights of other shareholders or
3    joint partners. Control shall be real, substantial and
4    continuing, not pro forma. Control shall include the power
5    to direct or cause the direction of the management and
6    policies of the business and to make the day-to-day as well
7    as major decisions in matters of policy, management and
8    operations. Control shall be exemplified by possessing the
9    requisite knowledge and expertise to run the particular
10    business and control shall not include simple majority or
11    absentee ownership.
12        (10) (Blank). "Business concern or business" means a
13    business that has annual gross sales of less than
14    $75,000,000 as evidenced by the federal income tax return
15    of the business. A firm with gross sales in excess of this
16    cap may apply to the Council for certification for a
17    particular contract if the firm can demonstrate that the
18    contract would have significant impact on businesses owned
19    by minorities, females, or persons with disabilities as
20    suppliers or subcontractors or in employment of
21    minorities, females, or persons with disabilities.
22    (B) When a business concern is owned at least 51% by any
23combination of minority persons, females, or persons with
24disabilities, even though none of the 3 classes alone holds at
25least a 51% interest, the ownership requirement for purposes of
26this Act is considered to be met. The certification category

 

 

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1for the business is that of the class holding the largest
2ownership interest in the business. If 2 or more classes have
3equal ownership interests, the certification category shall be
4determined by the business concern.
5(Source: P.A. 97-227, eff. 1-1-12; 97-396, eff. 1-1-12; 97-813,
6eff. 7-13-12; 98-95, eff. 7-17-13.)
 
7    (30 ILCS 575/3)  (from Ch. 127, par. 132.603)
8    (Section scheduled to be repealed on June 30, 2016)
9    Sec. 3. Implementation and applicability. This Act shall be
10applied to all State agencies and public institutions of higher
11education State universities.
12(Source: P.A. 85-729.)
 
13    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
14    (Section scheduled to be repealed on June 30, 2016)
15    Sec. 4. Award of State contracts.
16    (a) Except as provided in subsections (b) and (c), not less
17than 20% of the total dollar amount of State contracts, as
18defined by the Secretary of the Council and approved by the
19Council, shall be established as a goal to be awarded to
20businesses owned by minorities, females, and persons with
21disabilities; provided, however, that of the total amount of
22all State contracts awarded to businesses owned by minorities,
23females, and persons with disabilities pursuant to this
24Section, contracts representing at least 11% shall be awarded

 

 

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1to businesses owned by minorities, contracts representing at
2least 7% shall be awarded to female-owned businesses, and
3contracts representing at least 2% shall be awarded to
4businesses owned by persons with disabilities.
5    The above percentage relates to the total dollar amount of
6State contracts during each State fiscal year, calculated by
7examining independently each type of contract for each agency
8or public institution of higher education university which lets
9such contracts. Only that percentage of arrangements which
10represents the participation of businesses owned by
11minorities, females, and persons with disabilities on such
12contracts shall be included.
13    (b) In the case of State construction contracts, the
14provisions of subsection (a) requiring a portion of State
15contracts to be awarded to businesses owned and controlled by
16persons with disabilities do not apply. Not less than 10% of
17the total dollar amount of State construction contracts is
18established as a goal to be awarded to minority and female
19owned businesses, and contracts representing 50% of the amount
20of all State construction contracts awarded to minority and
21female owned businesses shall be awarded to female owned
22businesses.
23    (c) In the case of all work undertaken by the University of
24Illinois related to the planning, organization, and staging of
25the games, the University of Illinois shall establish a goal of
26awarding not less than 25% of the annual dollar value of all

 

 

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1contracts, purchase orders, and other agreements (collectively
2referred to as "the contracts") to minority-owned businesses or
3businesses owned by a person with a disability and 5% of the
4annual dollar value the contracts to female-owned businesses.
5For purposes of this subsection, the term "games" has the
6meaning set forth in the Olympic Games and Paralympic Games
7(2016) Law.
8    (d) Within one year after April 28, 2009 (the effective
9date of Public Act 96-8), the Department of Central Management
10Services shall conduct a social scientific study that measures
11the impact of discrimination on minority and female business
12development in Illinois. Within 18 months after April 28, 2009
13(the effective date of Public Act 96-8), the Department shall
14issue a report of its findings and any recommendations on
15whether to adjust the goals for minority and female
16participation established in this Act. Copies of this report
17and the social scientific study shall be filed with the
18Governor and the General Assembly.
19    (e) Those who submit bids or proposals for State contracts
20shall not be given a period after the bid or proposal is
21submitted to cure deficiencies in the bid or proposal under
22this Act unless mandated by federal law or regulation.
23(Source: P.A. 96-7, eff. 4-3-09; 96-8, eff. 4-28-09; 96-706,
24eff. 8-25-09; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
25for the effective date of changes made by P.A. 96-795);
2696-1000, eff. 7-2-10.)
 

 

 

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1    (30 ILCS 575/4f new)
2    Sec. 4f. Award of State contracts.
3        (1) It is hereby declared to be the public policy of
4    the State of Illinois to promote and encourage each State
5    agency and public institution of higher education to use
6    businesses owned by minorities, females, and persons with
7    disabilities in the area of professional services,
8    including, but not limited to, insurance services,
9    investment management services, information technology
10    services, accounting services, and legal services.
11    Furthermore, each State agency and public institution of
12    higher education shall utilize such firms to the greatest
13    extent feasible within the bounds of financial and
14    fiduciary prudence, and take affirmative steps to remove
15    any barriers to the full participation of such firms in the
16    procurement and placement opportunities afforded.
17            (a) When a State agency and public institution of
18        higher education enters into a contract for insurance
19        services, each State agency and public institution of
20        higher education is encouraged to use emerging
21        insurance brokers owned by minorities, females, and
22        persons with disabilities as defined by this Act, for
23        not less than 20% of the total annual premiums or fees.
24            (b) When a State agency and public institution of
25        higher education enters into a contract for insurance

 

 

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1        services, each State agency and public institution of
2        higher education is encouraged to use emerging
3        investment managers owned by minorities, females, and
4        persons with disabilities as defined by this Act, for
5        not less than 20% of the total funds under management.
6        Furthermore, it is the goal that not less than 20% of
7        the direct asset managers of the State funds be
8        minorities, females, and persons with disabilities.
9            (c) When a State agency or public institution of
10        higher education into contracts for information
11        technology services, accounting services, and legal
12        services, each State agency and public institution of
13        higher education is encouraged to use such firms owned
14        by minorities, females, and persons with disabilities
15        as defined by this Act and lawyers who are minorities,
16        females, and persons with disabilities as defined by
17        this Act, for not less than 20% of State contracts.
18        (2) As used in this Section:
19            "Accounting services" means the measurement,
20        processing and communication of financial information
21        about economic entities including, but is not limited
22        to, financial accounting, management accounting,
23        auditing, taxation and accounting information systems.
24            "Emerging insurance broker" means an insurance
25        brokerage firm, claims administrator, or both, that
26        procures, places all lines of insurance, or

 

 

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1        administers claims with annual premiums or fees of at
2        least $5,000,000 but not more than $10,000,000.
3            "Emerging investment manager" means an investment
4        manager having assets under management below $20
5        billion.
6            "Information technology services" means
7        specialized technology-oriented solutions by combining
8        the processes and functions of software, hardware,
9        networks, telecommunications and electronics.
10            "Legal services" means work performed by a lawyer
11        including, but not limited to, contracts in
12        anticipation of litigation, enforcement actions, or
13        investigations.
14        (3) Each professional services program managed by each
15    State agency and public institution of higher education
16    shall adopt policies that identify the plan and
17    implementation procedures for increasing the use of
18    professional services firms owned by minorities, females,
19    and persons with disabilities.
20        (4) The Council shall file no later than March 1 of
21    each year an annual report to the Governor and the General
22    Assembly. This report shall: (i) identify the professional
23    services firms used by each State agency and public
24    institution of higher education, (ii) identify the actions
25    it has undertaken to increase the use of professional
26    services firms owned by minorities, females, and persons

 

 

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

 

 

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1        percentage of funds under management of emerging
2        investment managers owned by minorities, females, and
3        persons with disabilities, including the total and
4        percentage of total commissions, fees paid, or both by
5        each State agency and public institution of higher
6        education.
7            (C) The names of professional services firms, the
8        percentage and total dollar amount paid for
9        professional services by category by each State agency
10        and public institution of higher education.
11            (D) The names of professional services firms, the
12        percentage and total dollar amount paid for
13        professional services by category to firms owned by
14        minorities, females, and persons with disabilities by
15        each State agency and public institution of higher
16        education.
17            (E) The total number of contracts awarded for
18        professional services by category and the total number
19        of contracts awarded to firms owned by minorities,
20        females, and persons with disabilities by each State
21        agency and public institution of higher education.
22        (5) The status of the utilization of professional
23    services shall be discussed at each of the regularly
24    scheduled Business Enterprise Council meetings. Time shall
25    be allotted for the Council to receive, review and discuss
26    the progress of the use of professional services firms

 

 

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1    owned by minorities, females, and persons with
2    disabilities by each State agency and public institution of
3    higher education; and any evidence regarding past or
4    present racial, ethnic or gender based discrimination
5    which directly impacts State agency or public institution
6    of higher education contracting with such firms. If after
7    reviewing such evidence the Council finds that there is or
8    has been such discrimination against a specific group, race
9    or sex, the Council shall establish sheltered markets or
10    adjust existing sheltered markets tailored to address the
11    Council's specific findings for these divisions of work.
 
12    (30 ILCS 575/5)  (from Ch. 127, par. 132.605)
13    (Section scheduled to be repealed on June 30, 2016)
14    Sec. 5. Business Enterprise Council.
15    (1) To help implement, monitor and enforce the goals of
16this Act, there is created the Business Enterprise Council for
17Minorities, Females, and Persons with Disabilities,
18hereinafter referred to as the Council, composed of the
19Secretary of Human Services and the Directors of the Department
20of Human Rights, the Department of Commerce and Economic
21Opportunity, the Department of Central Management Services,
22the Department of Transportation and the Capital Development
23Board, or their duly appointed representatives. Ten
24individuals representing businesses that are minority or
25female owned or owned by persons with disabilities, 2

 

 

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1individuals representing the business community, and a
2representative of public institutions of higher education
3public universities shall be appointed by the Governor. These
4members shall serve 2 year terms and shall be eligible for
5reappointment. Any vacancy occurring on the Council shall also
6be filled by the Governor. Any member appointed to fill a
7vacancy occurring prior to the expiration of the term for which
8his predecessor was appointed shall be appointed for the
9remainder of such term. Members of the Council shall serve
10without compensation but shall be reimbursed for any ordinary
11and necessary expenses incurred in the performance of their
12duties.
13    The Director of the Department of Central Management
14Services shall serve as the Council chairperson and shall
15select, subject to approval of the council, a Secretary
16responsible for the operation of the program who shall serve as
17the Division Manager of the Business Enterprise for Minorities,
18Females, and Persons with Disabilities Division of the
19Department of Central Management Services.
20    The Director of each State agency and the chief executive
21officer of each public institutions of higher education State
22university shall appoint a liaison to the Council. The liaison
23shall be responsible for submitting to the Council any reports
24and documents necessary under this Act.
25    (2) The Council's authority and responsibility shall be to:
26        (a) Devise a certification procedure to assure that

 

 

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1    businesses taking advantage of this Act are legitimately
2    classified as businesses owned by minorities, females, or
3    persons with disabilities.
4        (b) Maintain a list of all businesses legitimately
5    classified as businesses owned by minorities, females, or
6    persons with disabilities to provide to State agencies and
7    public institutions of higher education State
8    universities.
9        (c) Review rules and regulations for the
10    implementation of the program for businesses owned by
11    minorities, females, and persons with disabilities.
12        (d) Review compliance plans submitted by each State
13    agency and public institution of higher education State
14    university pursuant to this Act.
15        (e) Make annual reports as provided in Section 8f to
16    the Governor and the General Assembly on the status of the
17    program.
18        (f) Serve as a central clearinghouse for information on
19    State contracts, including the maintenance of a list of all
20    pending State contracts upon which businesses owned by
21    minorities, females, and persons with disabilities may
22    bid. At the Council's discretion, maintenance of the list
23    may include 24-hour electronic access to the list along
24    with the bid and application information.
25        (g) Establish a toll free telephone number to
26    facilitate information requests concerning the

 

 

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1    certification process and pending contracts.
2    (3) No premium bond rate of a surety company for a bond
3required of a business owned by a minority, female, or person
4with a disability bidding for a State contract shall be higher
5than the lowest rate charged by that surety company for a
6similar bond in the same classification of work that would be
7written for a business not owned by a minority, female, or
8person with a disability.
9    (4) Any Council member who has direct financial or personal
10interest in any measure pending before the Council shall
11disclose this fact to the Council and refrain from
12participating in the determination upon such measure.
13    (5) The Secretary shall have the following duties and
14responsibilities:
15        (a) To be responsible for the day-to-day operation of
16    the Council.
17        (b) To serve as a coordinator for all of the State's
18    programs for businesses owned by minorities, females, and
19    persons with disabilities and as the information and
20    referral center for all State initiatives for businesses
21    owned by minorities, females, and persons with
22    disabilities.
23        (c) To establish an enforcement procedure whereby the
24    Council may recommend to the appropriate State legal
25    officer that the State exercise its legal remedies which
26    shall include (1) termination of the contract involved, (2)

 

 

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1    prohibition of participation by the respondent in public
2    contracts for a period not to exceed one year, (3)
3    imposition of a penalty not to exceed any profit acquired
4    as a result of violation, or (4) any combination thereof.
5    Such procedures shall require prior approval by Council.
6        (d) To devise appropriate policies, regulations and
7    procedures for including participation by businesses owned
8    by minorities, females, and persons with disabilities as
9    prime contractors including, but not limited to, (i)
10    encouraging the inclusions of qualified businesses owned
11    by minorities, females, and persons with disabilities on
12    solicitation lists, (ii) investigating the potential of
13    blanket bonding programs for small construction jobs,
14    (iii) investigating and making recommendations concerning
15    the use of the sheltered market process.
16        (e) To devise procedures for the waiver of the
17    participation goals in appropriate circumstances.
18        (f) To accept donations and, with the approval of the
19    Council or the Director of Central Management Services,
20    grants related to the purposes of this Act; to conduct
21    seminars related to the purpose of this Act and to charge
22    reasonable registration fees; and to sell directories,
23    vendor lists and other such information to interested
24    parties, except that forms necessary to become eligible for
25    the program shall be provided free of charge to a business
26    or individual applying for the program.

 

 

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1(Source: P.A. 94-793, eff. 5-19-06.)
 
2    (30 ILCS 575/6)  (from Ch. 127, par. 132.606)
3    (Section scheduled to be repealed on June 30, 2016)
4    Sec. 6. Agency compliance plans. Each State agency and
5public institution of higher education State university under
6the jurisdiction of this Act shall file with the Council an
7annual compliance plan which shall outline the goals of the
8State agency or public institution of higher education State
9university for contracting with businesses owned by
10minorities, females, and persons with disabilities for the then
11current fiscal year, the manner in which the agency intends to
12reach these goals and a timetable for reaching these goals. The
13Council shall review and approve the plan of each State agency
14and public institution of higher education State university and
15may reject any plan that does not comply with this Act or any
16rules or regulations promulgated pursuant to this Act.
17    (a) The compliance plan shall also include, but not be
18limited to, (1) a policy statement, signed by the State agency
19or public institution of higher education State university
20head, expressing a commitment to encourage the use of
21businesses owned by minorities, females, and persons with
22disabilities, (2) the designation of the liaison officer
23provided for in Section 5 of this Act, (3) procedures to
24distribute to potential contractors and vendors the list of all
25businesses legitimately classified as businesses owned by

 

 

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1minorities, females, and persons with disabilities and so
2certified under this Act, (4) procedures to set separate
3contract goals on specific prime contracts and purchase orders
4with subcontracting possibilities based upon the type of work
5or services and subcontractor availability, (5) procedures to
6assure that contractors and vendors make good faith efforts to
7meet contract goals, (6) procedures for contract goal
8exemption, modification and waiver, and (7) the delineation of
9separate contract goals for businesses owned by minorities,
10females, and persons with disabilities.
11    (b) Approval of the compliance plans shall include such
12delegation of responsibilities to the requesting State agency
13or public institution of higher education State university as
14the Council deems necessary and appropriate to fulfill the
15purpose of this Act. Such responsibilities may include, but
16need not be limited to those outlined in subsections (1), (2)
17and (3) of Section 7 and paragraph (a) of Section 8.
18    (c) Each State agency and public institution of higher
19education State university under the jurisdiction of this Act
20shall file with the Council an annual report of its utilization
21of businesses owned by minorities, females, and persons with
22disabilities during the preceding fiscal year including lapse
23period spending and a mid-fiscal year report of its utilization
24to date for the then current fiscal year. The reports shall
25include a self-evaluation of the efforts of the State agency or
26public institution of higher education State university to meet

 

 

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1its goals under the Act.
2    (d) Notwithstanding any provisions to the contrary in this
3Act, any State agency or public institution of higher education
4State university which administers a construction program, for
5which federal law or regulations establish standards and
6procedures for the utilization of minority, disadvantaged, and
7female-owned business, shall implement a disadvantaged
8business enterprise program to include minority, disadvantaged
9and female-owned businesses, using the federal standards and
10procedures for the establishment of goals and utilization
11procedures for the State-funded, as well as the federally
12assisted, portions of the program. In such cases, these goals
13shall not exceed those established pursuant to the relevant
14federal statutes or regulations. Notwithstanding the
15provisions of Section 8b, the Illinois Department of
16Transportation is authorized to establish sheltered markets
17for the State-funded portions of the program consistent with
18federal law and regulations. Additionally, a compliance plan
19which is filed by such State agency or public institution of
20higher education State university pursuant to this Act, which
21incorporates equivalent terms and conditions of its
22federally-approved compliance plan, shall be deemed approved
23under this Act.
24(Source: P.A. 88-377; 88-597, eff. 8-28-94.)
 
25    (30 ILCS 575/6a)  (from Ch. 127, par. 132.606a)

 

 

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1    (Section scheduled to be repealed on June 30, 2016)
2    Sec. 6a. Notice of contracts to Council. Except in case of
3emergency as defined in the Illinois Purchasing Act, or as
4authorized by rule promulgated by the Department of Central
5Management Services, each agency and public institution of
6higher education State university under the jurisdiction of
7this Act shall notify the Secretary of the Council of proposed
8contracts for professional and artistic services and provide
9the information in the form and detail as required by rule
10promulgated by the Department of Central Management Services.
11Notification may be made through direct written communication
12to the Secretary to be received at least 14 days before
13execution of the contract (or the solicitation response date,
14if applicable) or by advertising in the official State
15newspaper for at least 3 days, the last of which must be at
16least 10 days after the first publication. The agency or public
17institution of higher education university must consider any
18vendor referred by the Secretary before execution of the
19contract. The provisions of this Section shall not apply to any
20State agency or public institution of higher education State
21university that has awarded contracts for professional and
22artistic services to businesses owned by minorities, females,
23and persons with disabilities totalling in the aggregate
24$5,000,000 or more during the preceding fiscal year.
25(Source: P.A. 87-628; 88-377; 88-597, eff. 8-28-94.)
 

 

 

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1    (30 ILCS 575/7)  (from Ch. 127, par. 132.607)
2    (Section scheduled to be repealed on June 30, 2016)
3    Sec. 7. Exemptions and waivers; publication of data.
4    (1) Individual contract exemptions. The Council, on its
5public institution of higher education own initiative or at the
6request of the affected agency, public institutions of higher
7education university, or recipient of a grant or loan of State
8funds of $250,000 or more complying with Section 45 of the
9State Finance Act, may permit an individual contract or
10contract package, (related contracts being bid or awarded
11simultaneously for the same project or improvements) be made
12wholly or partially exempt from State contracting goals for
13businesses owned by minorities, females, and persons with
14disabilities prior to the advertisement for bids or
15solicitation of proposals whenever there has been a
16determination, reduced to writing and based on the best
17information available at the time of the determination, that
18there is an insufficient number of businesses owned by
19minorities, females, and persons with disabilities to ensure
20adequate competition and an expectation of reasonable prices on
21bids or proposals solicited for the individual contract or
22contract package in question.
23    (2) Class exemptions.
24        (a) Creation. The Council, on its own initiative or at
25    the request of the affected agency or public institution of
26    higher education university, may permit an entire class of

 

 

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1    contracts be made exempt from State contracting goals for
2    businesses owned by minorities, females, and persons with
3    disabilities whenever there has been a determination,
4    reduced to writing and based on the best information
5    available at the time of the determination, that there is
6    an insufficient number of qualified businesses owned by
7    minorities, females, and persons with disabilities to
8    ensure adequate competition and an expectation of
9    reasonable prices on bids or proposals within that class.
10        (b) Limitation. Any such class exemption shall not be
11    permitted for a period of more than one year at a time.
12    (3) Waivers. Where a particular contract requires a
13contractor to meet a goal established pursuant to this Act, the
14contractor shall have the right to request a waiver from such
15requirements. The Council shall grant the waiver where the
16contractor demonstrates that there has been made a good faith
17effort to comply with the goals for participation by businesses
18owned by minorities, females, and persons with disabilities.
19    (4) Conflict with other laws. In the event that any State
20contract, which otherwise would be subject to the provisions of
21this Act, is or becomes subject to federal laws or regulations
22which conflict with the provisions of this Act or actions of
23the State taken pursuant hereto, the provisions of the federal
24laws or regulations shall apply and the contract shall be
25interpreted and enforced accordingly.
26    (5) Each chief procurement officer, as defined in the

 

 

09900SB1334sam001- 28 -LRB099 10713 SXM 32255 a

1Illinois Procurement Code, shall maintain on his or her
2official Internet website a database of waivers granted under
3this Section with respect to contracts under his or her
4jurisdiction. The database, which shall be updated
5periodically as necessary, shall be searchable by contractor
6name and by contracting State agency.
7    Each public notice required by law of the award of a State
8contract shall include for each bid submitted for that contract
9the following: (i) the bidder's name, (ii) the bid amount,
10(iii) the bid's percentage of disadvantaged business
11utilization plan, and (iv) the bid's percentage of business
12enterprise program utilization plan.
13(Source: P.A. 96-1064, eff. 7-16-10.)
 
14    (30 ILCS 575/8)  (from Ch. 127, par. 132.608)
15    (Section scheduled to be repealed on June 30, 2016)
16    Sec. 8. Enforcement. The Council shall make such findings,
17recommendations and proposals to the Governor as are necessary
18and appropriate to enforce this Act. If, as a result of its
19monitoring activities, the Council determines that its goals
20and policies are not being met by any State agency or public
21institution of higher education State university, the Council
22may recommend any or all of the following actions:
23    (a) Establish enforcement procedures whereby the Council
24may recommend to the appropriate State agency, public
25institution of higher education State university, or law

 

 

09900SB1334sam001- 29 -LRB099 10713 SXM 32255 a

1enforcement officer that legal or administrative remedies be
2initiated for violations of contract provisions or rules issued
3hereunder or by a contracting State agency or public
4institution of higher education State university. State
5agencies and public institutions of higher education State
6universities shall be authorized to adopt remedies for such
7violations which shall include (1) termination of the contract
8involved, (2) prohibition of participation of the respondents
9in public contracts for a period not to exceed one year, (3)
10imposition of a penalty not to exceed any profit acquired as a
11result of violation, or (4) any combination thereof.
12    (b) If the Council concludes that a compliance plan
13submitted under Section 6 is unlikely to produce the
14participation goals for businesses owned by minorities,
15females, and persons with disabilities within the then current
16fiscal year, the Council may recommend that the State agency or
17public institution of higher education State university revise
18its plan to provide additional opportunities for participation
19by businesses owned by minorities, females, and persons with
20disabilities. Such recommended revisions may include, but
21shall not be limited to, the following:
22        (i) assurances of stronger and better focused
23    solicitation efforts to obtain more businesses owned by
24    minorities, females, and persons with disabilities as
25    potential sources of supply;
26        (ii) division of job or project requirements, when

 

 

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1    economically feasible, into tasks or quantities to permit
2    participation of businesses owned by minorities, females,
3    and persons with disabilities;
4        (iii) elimination of extended experience or
5    capitalization requirements, when programmatically
6    feasible, to permit participation of businesses owned by
7    minorities, females, and persons with disabilities;
8        (iv) identification of specific proposed contracts as
9    particularly attractive or appropriate for participation
10    by businesses owned by minorities, females, and persons
11    with disabilities, such identification to result from and
12    be coupled with the efforts of subparagraphs (i) through
13    (iii);
14        (v) implementation of those regulations established
15    for the use of the sheltered market process.
16(Source: P.A. 88-377; 88-597, eff. 8-28-94.)
 
17    (30 ILCS 575/8f)
18    (Section scheduled to be repealed on June 30, 2016)
19    Sec. 8f. Annual report. The Council shall file no later
20than March 1 of each year, an annual report that shall detail
21the level of achievement toward the goals specified in this Act
22over the 3 most recent fiscal years. The annual report shall
23include, but need not be limited to the following:
24        (1) a summary detailing expenditures State
25    appropriations subject to the goals, the actual goals

 

 

09900SB1334sam001- 31 -LRB099 10713 SXM 32255 a

1    specified, and the goals attained by each State agency and
2    public institution of higher education State university;
3        (2) a summary of the number of contracts awarded and
4    the average contract amount by each State agency and public
5    institution of higher education State university;
6        (3) an analysis of the level of overall goal
7    achievement concerning purchases from minority businesses,
8    female-owned businesses, and businesses owned by persons
9    with disabilities;
10        (4) an analysis of the number of businesses owned by
11    minorities, females, and persons with disabilities that
12    are certified under the program as well as the number of
13    those businesses that received State procurement
14    contracts; and
15        (5) a summary of the number of contracts awarded to
16    businesses with annual gross sales of less than $1,000,000;
17    of $1,000,000 or more, but less than $5,000,000; of
18    $5,000,000 or more, but less than $10,000,000; and of
19    $10,000,000 or more.
20(Source: P.A. 88-597, eff. 8-28-94.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".