Sen. James F. Clayborne, Jr.

Filed: 4/22/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1334

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10    (Section scheduled to be repealed on June 30, 2016)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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1least a 51% interest, the ownership requirement for purposes of
2this Act is considered to be met. The certification category
3for the business is that of the class holding the largest
4ownership interest in the business. If 2 or more classes have
5equal ownership interests, the certification category shall be
6determined by the business concern.
7(Source: P.A. 97-227, eff. 1-1-12; 97-396, eff. 1-1-12; 97-813,
8eff. 7-13-12; 98-95, eff. 7-17-13.)
 
9    (30 ILCS 575/3)  (from Ch. 127, par. 132.603)
10    (Section scheduled to be repealed on June 30, 2016)
11    Sec. 3. Implementation and applicability. This Act shall be
12applied to all State agencies and public institutions of higher
13education State universities.
14(Source: P.A. 85-729.)
 
15    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
16    (Section scheduled to be repealed on June 30, 2016)
17    Sec. 4. Award of State contracts.
18    (a) Except as provided in subsections (b) and (c), not less
19than 20% of the total dollar amount of State contracts, as
20defined by the Secretary of the Council and approved by the
21Council, shall be established as a goal to be awarded to
22businesses owned by minorities, females, and persons with
23disabilities; provided, however, that of the total amount of
24all State contracts awarded to businesses owned by minorities,

 

 

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

 

 

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1the games, the University of Illinois shall establish a goal of
2awarding not less than 25% of the annual dollar value of all
3contracts, purchase orders, and other agreements (collectively
4referred to as "the contracts") to minority-owned businesses or
5businesses owned by a person with a disability and 5% of the
6annual dollar value the contracts to female-owned businesses.
7For purposes of this subsection, the term "games" has the
8meaning set forth in the Olympic Games and Paralympic Games
9(2016) Law.
10    (d) Within one year after April 28, 2009 (the effective
11date of Public Act 96-8), the Department of Central Management
12Services shall conduct a social scientific study that measures
13the impact of discrimination on minority and female business
14development in Illinois. Within 18 months after April 28, 2009
15(the effective date of Public Act 96-8), the Department shall
16issue a report of its findings and any recommendations on
17whether to adjust the goals for minority and female
18participation established in this Act. Copies of this report
19and the social scientific study shall be filed with the
20Governor and the General Assembly.
21    (e) Those who submit bids or proposals for State contracts
22shall not be given a period after the bid or proposal is
23submitted to cure deficiencies in the bid or proposal under
24this Act unless mandated by federal law or regulation.
25(Source: P.A. 96-7, eff. 4-3-09; 96-8, eff. 4-28-09; 96-706,
26eff. 8-25-09; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793

 

 

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1for the effective date of changes made by P.A. 96-795);
296-1000, eff. 7-2-10.)
 
3    (30 ILCS 575/4f new)
4    Sec. 4f. Award of State contracts.
5        (1) It is hereby declared to be the public policy of
6    the State of Illinois to promote and encourage each State
7    agency and public institution of higher education to use
8    businesses owned by minorities, females, and persons with
9    disabilities in the area of goods and services, including,
10    but not limited to, insurance services, investment
11    management services, information technology services,
12    accounting services, cost containment and auditing
13    services, architectural and engineering services, and
14    legal services. Furthermore, each State agency and public
15    institution of higher education shall utilize such firms to
16    the greatest extent feasible within the bounds of financial
17    and fiduciary prudence, and take affirmative steps to
18    remove any barriers to the full participation of such firms
19    in the procurement and placement opportunities afforded.
20            (a) When a State agency and public institution of
21        higher education enters into a contract for insurance
22        services, for each State agency and public institution
23        of higher education, it shall be the goal to use
24        insurance brokers owned by minorities, females, and
25        persons with disabilities as defined by this Act, for

 

 

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1        not less than 20% of the total annual premiums or fees.
2            (b) When a State agency and public institution of
3        higher education enters into a contract for investment
4        services, for each State agency and public institution
5        of higher education, it shall be the goal to use
6        emerging investment managers owned by minorities,
7        females, and persons with disabilities as defined by
8        this Act, for not less than 20% of the total funds
9        under management. Furthermore, it is the goal that not
10        less than 20% of the direct asset managers of the State
11        funds be minorities, females, and persons with
12        disabilities.
13            (c) When a State agency or public institution of
14        higher education enters into contracts for information
15        technology services, accounting services,
16        architectural and engineering services, and legal
17        services, for each State agency and public institution
18        of higher education, it shall be the goal to use such
19        firms owned by minorities, females, and persons with
20        disabilities as defined by this Act and lawyers who are
21        minorities, females, and persons with disabilities as
22        defined by this Act, for not less than 20% of State
23        contracts.
24        (2) As used in this Section:
25            "Accounting services" means the measurement,
26        processing and communication of financial information

 

 

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1        about economic entities including, but is not limited
2        to, financial accounting, management accounting,
3        auditing, cost containment and auditing services,
4        taxation and accounting information systems.
5            "Architectural and engineering services" means
6        professional services of an architectural or
7        engineering nature, or incidental services, that
8        members of the architectural and engineering
9        professions, and individuals in their employ, may
10        logically or justifiably perform, including studies,
11        investigations, surveying and mapping, tests,
12        evaluations, consultations, comprehensive planning,
13        program management, conceptual designs, plans and
14        specifications, value engineering, construction phase
15        services, soils engineering, drawing reviews,
16        preparation of operating and maintenance manuals, and
17        other related services.
18            "Emerging investment manager" means an investment
19        manager or claims consultant having assets under
20        management below $20 billion or otherwise adjudicating
21        claims.
22            "Information technology services" means, but is
23        not limited to, specialized technology-oriented
24        solutions by combining the processes and functions of
25        software, hardware, networks, telecommunications, web
26        designers, cloud developing resellers, and

 

 

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1        electronics.
2            "Insurance broker" means an insurance brokerage
3        firm, claims administrator, or both, that procures,
4        places all lines of insurance, or administers claims
5        with annual premiums or fees of at least $5,000,000 but
6        not more than $10,000,000.
7            "Legal services" means work performed by a lawyer
8        including, but not limited to, contracts in
9        anticipation of litigation, enforcement actions, or
10        investigations.
11        (3) Each State agency and public institutions of higher
12    education shall adopt policies that identify its plan and
13    implementation procedures for increasing the use of
14    service firms owned by minorities, females, and persons
15    with disabilities.
16        (4) The Council shall file no later than March 1 of
17    each year an annual report to the Governor and the General
18    Assembly. This report shall: (i) identify the services
19    firms used by each State agency and public institution of
20    higher education, (ii) identify the actions it has
21    undertaken to increase the use of service firms owned by
22    minorities, females, and persons with disabilities,
23    including encouraging non-minority owned firms to use
24    other service firms owned by minorities, females, and
25    persons with disabilities as subcontractors when the
26    opportunities arise, (iii) state any recommendations made

 

 

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

 

 

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1        education.
2            (C) The names of service firms, the percentage and
3        total dollar amount paid for professional services by
4        category by each State agency and public institution of
5        higher education.
6            (D) The names of service firms, the percentage and
7        total dollar amount paid for services by category to
8        firms owned by minorities, females, and persons with
9        disabilities by each State agency and public
10        institution of higher education.
11            (E) The total number of contracts awarded for
12        services by category and the total number of contracts
13        awarded to firms owned by minorities, females, and
14        persons with disabilities by each State agency and
15        public institution of higher education.
16        (5) The status of the utilization of services shall be
17    discussed at each of the regularly scheduled Business
18    Enterprise Council meetings. Time shall be allotted for the
19    Council to receive, review, and discuss the progress of the
20    use of service firms owned by minorities, females, and
21    persons with disabilities by each State agency and public
22    institutions of higher education; and any evidence
23    regarding past or present racial, ethnic, or gender-based
24    discrimination which directly impacts State agency or
25    public institutions of higher education contracting with
26    such firms. If after reviewing such evidence the Council

 

 

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1    finds that there is or has been such discrimination against
2    a specific group, race or sex, the Council shall establish
3    sheltered markets or adjust existing sheltered markets
4    tailored to address the Council's specific findings for
5    these divisions of work.
 
6    (30 ILCS 575/5)  (from Ch. 127, par. 132.605)
7    (Section scheduled to be repealed on June 30, 2016)
8    Sec. 5. Business Enterprise Council.
9    (1) To help implement, monitor and enforce the goals of
10this Act, there is created the Business Enterprise Council for
11Minorities, Females, and Persons with Disabilities,
12hereinafter referred to as the Council, composed of the
13Secretary of Human Services and the Directors of the Department
14of Human Rights, the Department of Commerce and Economic
15Opportunity, the Department of Central Management Services,
16the Department of Transportation and the Capital Development
17Board, or their duly appointed representatives. Ten
18individuals representing businesses that are minority or
19female owned or owned by persons with disabilities, 2
20individuals representing the business community, and a
21representative of public institutions of higher education
22public universities shall be appointed by the Governor. These
23members shall serve 2 year terms and shall be eligible for
24reappointment. Any vacancy occurring on the Council shall also
25be filled by the Governor. Any member appointed to fill a

 

 

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1vacancy occurring prior to the expiration of the term for which
2his predecessor was appointed shall be appointed for the
3remainder of such term. Members of the Council shall serve
4without compensation but shall be reimbursed for any ordinary
5and necessary expenses incurred in the performance of their
6duties.
7    The Director of the Department of Central Management
8Services shall serve as the Council chairperson and shall
9select, subject to approval of the council, a Secretary
10responsible for the operation of the program who shall serve as
11the Division Manager of the Business Enterprise for Minorities,
12Females, and Persons with Disabilities Division of the
13Department of Central Management Services.
14    The Director of each State agency and the chief executive
15officer of each public institutions of higher education State
16university shall appoint a liaison to the Council. The liaison
17shall be responsible for submitting to the Council any reports
18and documents necessary under this Act.
19    (2) The Council's authority and responsibility shall be to:
20        (a) Devise a certification procedure to assure that
21    businesses taking advantage of this Act are legitimately
22    classified as businesses owned by minorities, females, or
23    persons with disabilities.
24        (b) Maintain a list of all businesses legitimately
25    classified as businesses owned by minorities, females, or
26    persons with disabilities to provide to State agencies and

 

 

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1    public institutions of higher education State
2    universities.
3        (c) Review rules and regulations for the
4    implementation of the program for businesses owned by
5    minorities, females, and persons with disabilities.
6        (d) Review compliance plans submitted by each State
7    agency and public institutions of higher education State
8    university pursuant to this Act.
9        (e) Make annual reports as provided in Section 8f to
10    the Governor and the General Assembly on the status of the
11    program.
12        (f) Serve as a central clearinghouse for information on
13    State contracts, including the maintenance of a list of all
14    pending State contracts upon which businesses owned by
15    minorities, females, and persons with disabilities may
16    bid. At the Council's discretion, maintenance of the list
17    may include 24-hour electronic access to the list along
18    with the bid and application information.
19        (g) Establish a toll free telephone number to
20    facilitate information requests concerning the
21    certification process and pending contracts.
22    (3) No premium bond rate of a surety company for a bond
23required of a business owned by a minority, female, or person
24with a disability bidding for a State contract shall be higher
25than the lowest rate charged by that surety company for a
26similar bond in the same classification of work that would be

 

 

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1written for a business not owned by a minority, female, or
2person with a disability.
3    (4) Any Council member who has direct financial or personal
4interest in any measure pending before the Council shall
5disclose this fact to the Council and refrain from
6participating in the determination upon such measure.
7    (5) The Secretary shall have the following duties and
8responsibilities:
9        (a) To be responsible for the day-to-day operation of
10    the Council.
11        (b) To serve as a coordinator for all of the State's
12    programs for businesses owned by minorities, females, and
13    persons with disabilities and as the information and
14    referral center for all State initiatives for businesses
15    owned by minorities, females, and persons with
16    disabilities.
17        (c) To establish an enforcement procedure whereby the
18    Council may recommend to the appropriate State legal
19    officer that the State exercise its legal remedies which
20    shall include (1) termination of the contract involved, (2)
21    prohibition of participation by the respondent in public
22    contracts for a period not to exceed one year, (3)
23    imposition of a penalty not to exceed any profit acquired
24    as a result of violation, or (4) any combination thereof.
25    Such procedures shall require prior approval by Council.
26        (d) To devise appropriate policies, regulations and

 

 

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1    procedures for including participation by businesses owned
2    by minorities, females, and persons with disabilities as
3    prime contractors including, but not limited to, (i)
4    encouraging the inclusions of qualified businesses owned
5    by minorities, females, and persons with disabilities on
6    solicitation lists, (ii) investigating the potential of
7    blanket bonding programs for small construction jobs,
8    (iii) investigating and making recommendations concerning
9    the use of the sheltered market process.
10        (e) To devise procedures for the waiver of the
11    participation goals in appropriate circumstances.
12        (f) To accept donations and, with the approval of the
13    Council or the Director of Central Management Services,
14    grants related to the purposes of this Act; to conduct
15    seminars related to the purpose of this Act and to charge
16    reasonable registration fees; and to sell directories,
17    vendor lists and other such information to interested
18    parties, except that forms necessary to become eligible for
19    the program shall be provided free of charge to a business
20    or individual applying for the program.
21(Source: P.A. 94-793, eff. 5-19-06.)
 
22    (30 ILCS 575/6)  (from Ch. 127, par. 132.606)
23    (Section scheduled to be repealed on June 30, 2016)
24    Sec. 6. Agency compliance plans. Each State agency and
25public institutions of higher education State university under

 

 

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1the jurisdiction of this Act shall file with the Council an
2annual compliance plan which shall outline the goals of the
3State agency or public institutions of higher education State
4university for contracting with businesses owned by
5minorities, females, and persons with disabilities for the then
6current fiscal year, the manner in which the agency intends to
7reach these goals and a timetable for reaching these goals. The
8Council shall review and approve the plan of each State agency
9and public institutions of higher education State university
10and may reject any plan that does not comply with this Act or
11any rules or regulations promulgated pursuant to this Act.
12    (a) The compliance plan shall also include, but not be
13limited to, (1) a policy statement, signed by the State agency
14or public institution of higher education State university
15head, expressing a commitment to encourage the use of
16businesses owned by minorities, females, and persons with
17disabilities, (2) the designation of the liaison officer
18provided for in Section 5 of this Act, (3) procedures to
19distribute to potential contractors and vendors the list of all
20businesses legitimately classified as businesses owned by
21minorities, females, and persons with disabilities and so
22certified under this Act, (4) procedures to set separate
23contract goals on specific prime contracts and purchase orders
24with subcontracting possibilities based upon the type of work
25or services and subcontractor availability, (5) procedures to
26assure that contractors and vendors make good faith efforts to

 

 

09900SB1334sam004- 24 -LRB099 10713 SXM 34432 a

1meet contract goals, (6) procedures for contract goal
2exemption, modification and waiver, and (7) the delineation of
3separate contract goals for businesses owned by minorities,
4females, and persons with disabilities.
5    (b) Approval of the compliance plans shall include such
6delegation of responsibilities to the requesting State agency
7or public institution of higher education State university as
8the Council deems necessary and appropriate to fulfill the
9purpose of this Act. Such responsibilities may include, but
10need not be limited to those outlined in subsections (1), (2)
11and (3) of Section 7 and paragraph (a) of Section 8.
12    (c) Each State agency and public institution of higher
13education State university under the jurisdiction of this Act
14shall file with the Council an annual report of its utilization
15of businesses owned by minorities, females, and persons with
16disabilities during the preceding fiscal year including lapse
17period spending and a mid-fiscal year report of its utilization
18to date for the then current fiscal year. The reports shall
19include a self-evaluation of the efforts of the State agency or
20public institution of higher education State university to meet
21its goals under the Act.
22    (d) Notwithstanding any provisions to the contrary in this
23Act, any State agency or public institution of higher education
24State university which administers a construction program, for
25which federal law or regulations establish standards and
26procedures for the utilization of minority, disadvantaged, and

 

 

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1female-owned business, shall implement a disadvantaged
2business enterprise program to include minority, disadvantaged
3and female-owned businesses, using the federal standards and
4procedures for the establishment of goals and utilization
5procedures for the State-funded, as well as the federally
6assisted, portions of the program. In such cases, these goals
7shall not exceed those established pursuant to the relevant
8federal statutes or regulations. Notwithstanding the
9provisions of Section 8b, the Illinois Department of
10Transportation is authorized to establish sheltered markets
11for the State-funded portions of the program consistent with
12federal law and regulations. Additionally, a compliance plan
13which is filed by such State agency or public institution of
14higher education State university pursuant to this Act, which
15incorporates equivalent terms and conditions of its
16federally-approved compliance plan, shall be deemed approved
17under this Act.
18(Source: P.A. 88-377; 88-597, eff. 8-28-94.)
 
19    (30 ILCS 575/6a)  (from Ch. 127, par. 132.606a)
20    (Section scheduled to be repealed on June 30, 2016)
21    Sec. 6a. Notice of contracts to Council. Except in case of
22emergency as defined in the Illinois Procurement Code
23Purchasing Act, or as authorized by rule promulgated by the
24Department of Central Management Services, each agency and
25public institution of higher education State university under

 

 

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1the jurisdiction of this Act shall notify the Secretary of the
2Council of proposed contracts for professional and artistic
3services and provide the information in the form and detail as
4required by rule promulgated by the Department of Central
5Management Services. Notification may be made through direct
6written communication to the Secretary to be received at least
714 days before execution of the contract (or the solicitation
8response date, if applicable) or by advertising in the official
9State newspaper for at least 3 days, the last of which must be
10at least 10 days after the first publication. The agency or
11public institution of higher education university must
12consider any vendor referred by the Secretary before execution
13of the contract. The provisions of this Section shall not apply
14to any State agency or public institution of higher education
15State university that has awarded contracts for professional
16and artistic services to businesses owned by minorities,
17females, and persons with disabilities totalling in the
18aggregate $40,000,000 $5,000,000 or more during the preceding
19fiscal year.
20(Source: P.A. 87-628; 88-377; 88-597, eff. 8-28-94.)
 
21    (30 ILCS 575/7)  (from Ch. 127, par. 132.607)
22    (Section scheduled to be repealed on June 30, 2016)
23    Sec. 7. Exemptions and waivers; publication of data.
24    (1) Individual contract exemptions. The Council, on its own
25initiative or at the request of the affected agency, public

 

 

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

 

 

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

 

 

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1    Each public notice required by law of the award of a State
2contract shall include for each bid submitted for that contract
3the following: (i) the bidder's name, (ii) the bid amount,
4(iii) the bid's percentage of disadvantaged business
5utilization plan, and (iv) the bid's percentage of business
6enterprise program utilization plan.
7(Source: P.A. 96-1064, eff. 7-16-10.)
 
8    (30 ILCS 575/8)  (from Ch. 127, par. 132.608)
9    (Section scheduled to be repealed on June 30, 2016)
10    Sec. 8. Enforcement. The Council shall make such findings,
11recommendations and proposals to the Governor as are necessary
12and appropriate to enforce this Act. If, as a result of its
13monitoring activities, the Council determines that its goals
14and policies are not being met by any State agency or public
15institution of higher education State university, the Council
16may recommend any or all of the following actions:
17    (a) Establish enforcement procedures whereby the Council
18may recommend to the appropriate State agency, public
19institutions of higher education State university, or law
20enforcement officer that legal or administrative remedies be
21initiated for violations of contract provisions or rules issued
22hereunder or by a contracting State agency or public
23institutions of higher education State university. State
24agencies and public institutions of higher education State
25universities shall be authorized to adopt remedies for such

 

 

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

 

 

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

 

 

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