Full Text of SB0177 101st General Assembly
SB0177enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Article 1 | 5 | | Section 1-5. The Illinois Administrative Procedure Act is | 6 | | amended by changing Section 5-45 as follows: | 7 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 8 | | Sec. 5-45. Emergency rulemaking. | 9 | | (a) "Emergency" means the existence of any situation that | 10 | | any agency
finds reasonably constitutes a threat to the public | 11 | | interest, safety, or
welfare. | 12 | | (b) If any agency finds that an
emergency exists that | 13 | | requires adoption of a rule upon fewer days than
is required by | 14 | | Section 5-40 and states in writing its reasons for that
| 15 | | finding, the agency may adopt an emergency rule without prior | 16 | | notice or
hearing upon filing a notice of emergency rulemaking | 17 | | with the Secretary of
State under Section 5-70. The notice | 18 | | shall include the text of the
emergency rule and shall be | 19 | | published in the Illinois Register. Consent
orders or other | 20 | | court orders adopting settlements negotiated by an agency
may | 21 | | be adopted under this Section. Subject to applicable | 22 | | constitutional or
statutory provisions, an emergency rule |
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| 1 | | becomes effective immediately upon
filing under Section 5-65 or | 2 | | at a stated date less than 10 days
thereafter. The agency's | 3 | | finding and a statement of the specific reasons
for the finding | 4 | | shall be filed with the rule. The agency shall take
reasonable | 5 | | and appropriate measures to make emergency rules known to the
| 6 | | persons who may be affected by them. | 7 | | (c) An emergency rule may be effective for a period of not | 8 | | longer than
150 days, but the agency's authority to adopt an | 9 | | identical rule under Section
5-40 is not precluded. No | 10 | | emergency rule may be adopted more
than once in any 24-month | 11 | | period, except that this limitation on the number
of emergency | 12 | | rules that may be adopted in a 24-month period does not apply
| 13 | | to (i) emergency rules that make additions to and deletions | 14 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 15 | | Public Aid Code or the
generic drug formulary under Section | 16 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 17 | | emergency rules adopted by the Pollution Control
Board before | 18 | | July 1, 1997 to implement portions of the Livestock Management
| 19 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 20 | | Department of Public Health under subsections (a) through (i) | 21 | | of Section 2 of the Department of Public Health Act when | 22 | | necessary to protect the public's health, (iv) emergency rules | 23 | | adopted pursuant to subsection (n) of this Section, (v) | 24 | | emergency rules adopted pursuant to subsection (o) of this | 25 | | Section, or (vi) emergency rules adopted pursuant to subsection | 26 | | (c-5) of this Section. Two or more emergency rules having |
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| 1 | | substantially the same
purpose and effect shall be deemed to be | 2 | | a single rule for purposes of this
Section. | 3 | | (c-5) To facilitate the maintenance of the program of group | 4 | | health benefits provided to annuitants, survivors, and retired | 5 | | employees under the State Employees Group Insurance Act of | 6 | | 1971, rules to alter the contributions to be paid by the State, | 7 | | annuitants, survivors, retired employees, or any combination | 8 | | of those entities, for that program of group health benefits, | 9 | | shall be adopted as emergency rules. The adoption of those | 10 | | rules shall be considered an emergency and necessary for the | 11 | | public interest, safety, and welfare. | 12 | | (d) In order to provide for the expeditious and timely | 13 | | implementation
of the State's fiscal year 1999 budget, | 14 | | emergency rules to implement any
provision of Public Act 90-587 | 15 | | or 90-588
or any other budget initiative for fiscal year 1999 | 16 | | may be adopted in
accordance with this Section by the agency | 17 | | charged with administering that
provision or initiative, | 18 | | except that the 24-month limitation on the adoption
of | 19 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 20 | | do not apply
to rules adopted under this subsection (d). The | 21 | | adoption of emergency rules
authorized by this subsection (d) | 22 | | shall be deemed to be necessary for the
public interest, | 23 | | safety, and welfare. | 24 | | (e) In order to provide for the expeditious and timely | 25 | | implementation
of the State's fiscal year 2000 budget, | 26 | | emergency rules to implement any
provision of Public Act 91-24
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| 1 | | or any other budget initiative for fiscal year 2000 may be | 2 | | adopted in
accordance with this Section by the agency charged | 3 | | with administering that
provision or initiative, except that | 4 | | the 24-month limitation on the adoption
of emergency rules and | 5 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 6 | | rules adopted under this subsection (e). The adoption of | 7 | | emergency rules
authorized by this subsection (e) shall be | 8 | | deemed to be necessary for the
public interest, safety, and | 9 | | welfare. | 10 | | (f) In order to provide for the expeditious and timely | 11 | | implementation
of the State's fiscal year 2001 budget, | 12 | | emergency rules to implement any
provision of Public Act 91-712
| 13 | | or any other budget initiative for fiscal year 2001 may be | 14 | | adopted in
accordance with this Section by the agency charged | 15 | | with administering that
provision or initiative, except that | 16 | | the 24-month limitation on the adoption
of emergency rules and | 17 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 18 | | rules adopted under this subsection (f). The adoption of | 19 | | emergency rules
authorized by this subsection (f) shall be | 20 | | deemed to be necessary for the
public interest, safety, and | 21 | | welfare. | 22 | | (g) In order to provide for the expeditious and timely | 23 | | implementation
of the State's fiscal year 2002 budget, | 24 | | emergency rules to implement any
provision of Public Act 92-10
| 25 | | or any other budget initiative for fiscal year 2002 may be | 26 | | adopted in
accordance with this Section by the agency charged |
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| 1 | | with administering that
provision or initiative, except that | 2 | | the 24-month limitation on the adoption
of emergency rules and | 3 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 4 | | rules adopted under this subsection (g). The adoption of | 5 | | emergency rules
authorized by this subsection (g) shall be | 6 | | deemed to be necessary for the
public interest, safety, and | 7 | | welfare. | 8 | | (h) In order to provide for the expeditious and timely | 9 | | implementation
of the State's fiscal year 2003 budget, | 10 | | emergency rules to implement any
provision of Public Act 92-597
| 11 | | or any other budget initiative for fiscal year 2003 may be | 12 | | adopted in
accordance with this Section by the agency charged | 13 | | with administering that
provision or initiative, except that | 14 | | the 24-month limitation on the adoption
of emergency rules and | 15 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 16 | | rules adopted under this subsection (h). The adoption of | 17 | | emergency rules
authorized by this subsection (h) shall be | 18 | | deemed to be necessary for the
public interest, safety, and | 19 | | welfare. | 20 | | (i) In order to provide for the expeditious and timely | 21 | | implementation
of the State's fiscal year 2004 budget, | 22 | | emergency rules to implement any
provision of Public Act 93-20
| 23 | | or any other budget initiative for fiscal year 2004 may be | 24 | | adopted in
accordance with this Section by the agency charged | 25 | | with administering that
provision or initiative, except that | 26 | | the 24-month limitation on the adoption
of emergency rules and |
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| 1 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 2 | | rules adopted under this subsection (i). The adoption of | 3 | | emergency rules
authorized by this subsection (i) shall be | 4 | | deemed to be necessary for the
public interest, safety, and | 5 | | welfare. | 6 | | (j) In order to provide for the expeditious and timely | 7 | | implementation of the provisions of the State's fiscal year | 8 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 9 | | Implementation (Human Services) Act, emergency rules to | 10 | | implement any provision of the Fiscal Year 2005 Budget | 11 | | Implementation (Human Services) Act may be adopted in | 12 | | accordance with this Section by the agency charged with | 13 | | administering that provision, except that the 24-month | 14 | | limitation on the adoption of emergency rules and the | 15 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 16 | | adopted under this subsection (j). The Department of Public Aid | 17 | | may also adopt rules under this subsection (j) necessary to | 18 | | administer the Illinois Public Aid Code and the Children's | 19 | | Health Insurance Program Act. The adoption of emergency rules | 20 | | authorized by this subsection (j) shall be deemed to be | 21 | | necessary for the public interest, safety, and welfare.
| 22 | | (k) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of the State's fiscal year | 24 | | 2006 budget, emergency rules to implement any provision of | 25 | | Public Act 94-48 or any other budget initiative for fiscal year | 26 | | 2006 may be adopted in accordance with this Section by the |
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| 1 | | agency charged with administering that provision or | 2 | | initiative, except that the 24-month limitation on the adoption | 3 | | of emergency rules and the provisions of Sections 5-115 and | 4 | | 5-125 do not apply to rules adopted under this subsection (k). | 5 | | The Department of Healthcare and Family Services may also adopt | 6 | | rules under this subsection (k) necessary to administer the | 7 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 8 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 9 | | Disabled Persons Prescription Drug Discount Program Act (now | 10 | | the Illinois Prescription Drug Discount Program Act), and the | 11 | | Children's Health Insurance Program Act. The adoption of | 12 | | emergency rules authorized by this subsection (k) shall be | 13 | | deemed to be necessary for the public interest, safety, and | 14 | | welfare.
| 15 | | (l) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of the
State's fiscal year | 17 | | 2007 budget, the Department of Healthcare and Family Services | 18 | | may adopt emergency rules during fiscal year 2007, including | 19 | | rules effective July 1, 2007, in
accordance with this | 20 | | subsection to the extent necessary to administer the | 21 | | Department's responsibilities with respect to amendments to | 22 | | the State plans and Illinois waivers approved by the federal | 23 | | Centers for Medicare and Medicaid Services necessitated by the | 24 | | requirements of Title XIX and Title XXI of the federal Social | 25 | | Security Act. The adoption of emergency rules
authorized by | 26 | | this subsection (l) shall be deemed to be necessary for the |
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| 1 | | public interest,
safety, and welfare.
| 2 | | (m) In order to provide for the expeditious and timely | 3 | | implementation of the provisions of the
State's fiscal year | 4 | | 2008 budget, the Department of Healthcare and Family Services | 5 | | may adopt emergency rules during fiscal year 2008, including | 6 | | rules effective July 1, 2008, in
accordance with this | 7 | | subsection to the extent necessary to administer the | 8 | | Department's responsibilities with respect to amendments to | 9 | | the State plans and Illinois waivers approved by the federal | 10 | | Centers for Medicare and Medicaid Services necessitated by the | 11 | | requirements of Title XIX and Title XXI of the federal Social | 12 | | Security Act. The adoption of emergency rules
authorized by | 13 | | this subsection (m) shall be deemed to be necessary for the | 14 | | public interest,
safety, and welfare.
| 15 | | (n) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of the State's fiscal year | 17 | | 2010 budget, emergency rules to implement any provision of | 18 | | Public Act 96-45 or any other budget initiative authorized by | 19 | | the 96th General Assembly for fiscal year 2010 may be adopted | 20 | | in accordance with this Section by the agency charged with | 21 | | administering that provision or initiative. The adoption of | 22 | | emergency rules authorized by this subsection (n) shall be | 23 | | deemed to be necessary for the public interest, safety, and | 24 | | welfare. The rulemaking authority granted in this subsection | 25 | | (n) shall apply only to rules promulgated during Fiscal Year | 26 | | 2010. |
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| 1 | | (o) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of the State's fiscal year | 3 | | 2011 budget, emergency rules to implement any provision of | 4 | | Public Act 96-958 or any other budget initiative authorized by | 5 | | the 96th General Assembly for fiscal year 2011 may be adopted | 6 | | in accordance with this Section by the agency charged with | 7 | | administering that provision or initiative. The adoption of | 8 | | emergency rules authorized by this subsection (o) is deemed to | 9 | | be necessary for the public interest, safety, and welfare. The | 10 | | rulemaking authority granted in this subsection (o) applies | 11 | | only to rules promulgated on or after July 1, 2010 (the | 12 | | effective date of Public Act 96-958) through June 30, 2011. | 13 | | (p) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of Public Act 97-689, | 15 | | emergency rules to implement any provision of Public Act 97-689 | 16 | | may be adopted in accordance with this subsection (p) by the | 17 | | agency charged with administering that provision or | 18 | | initiative. The 150-day limitation of the effective period of | 19 | | emergency rules does not apply to rules adopted under this | 20 | | subsection (p), and the effective period may continue through | 21 | | June 30, 2013. The 24-month limitation on the adoption of | 22 | | emergency rules does not apply to rules adopted under this | 23 | | subsection (p). The adoption of emergency rules authorized by | 24 | | this subsection (p) is deemed to be necessary for the public | 25 | | interest, safety, and welfare. | 26 | | (q) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 2 | | 12 of Public Act 98-104, emergency rules to implement any | 3 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 4 | | may be adopted in accordance with this subsection (q) by the | 5 | | agency charged with administering that provision or | 6 | | initiative. The 24-month limitation on the adoption of | 7 | | emergency rules does not apply to rules adopted under this | 8 | | subsection (q). The adoption of emergency rules authorized by | 9 | | this subsection (q) is deemed to be necessary for the public | 10 | | interest, safety, and welfare. | 11 | | (r) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of Public Act 98-651, | 13 | | emergency rules to implement Public Act 98-651 may be adopted | 14 | | in accordance with this subsection (r) by the Department of | 15 | | Healthcare and Family Services. The 24-month limitation on the | 16 | | adoption of emergency rules does not apply to rules adopted | 17 | | under this subsection (r). The adoption of emergency rules | 18 | | authorized by this subsection (r) is deemed to be necessary for | 19 | | the public interest, safety, and welfare. | 20 | | (s) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 22 | | the Illinois Public Aid Code, emergency rules to implement any | 23 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 24 | | Public Aid Code may be adopted in accordance with this | 25 | | subsection (s) by the Department of Healthcare and Family | 26 | | Services. The rulemaking authority granted in this subsection |
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| 1 | | (s) shall apply only to those rules adopted prior to July 1, | 2 | | 2015. Notwithstanding any other provision of this Section, any | 3 | | emergency rule adopted under this subsection (s) shall only | 4 | | apply to payments made for State fiscal year 2015. The adoption | 5 | | of emergency rules authorized by this subsection (s) is deemed | 6 | | to be necessary for the public interest, safety, and welfare. | 7 | | (t) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of Article II of Public Act | 9 | | 99-6, emergency rules to implement the changes made by Article | 10 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 11 | | be adopted in accordance with this subsection (t) by the | 12 | | Department of State Police. The rulemaking authority granted in | 13 | | this subsection (t) shall apply only to those rules adopted | 14 | | prior to July 1, 2016. The 24-month limitation on the adoption | 15 | | of emergency rules does not apply to rules adopted under this | 16 | | subsection (t). The adoption of emergency rules authorized by | 17 | | this subsection (t) is deemed to be necessary for the public | 18 | | interest, safety, and welfare. | 19 | | (u) In order to provide for the expeditious and timely | 20 | | implementation of the provisions of the Burn Victims Relief | 21 | | Act, emergency rules to implement any provision of the Act may | 22 | | be adopted in accordance with this subsection (u) by the | 23 | | Department of Insurance. The rulemaking authority granted in | 24 | | this subsection (u) shall apply only to those rules adopted | 25 | | prior to December 31, 2015. The adoption of emergency rules | 26 | | authorized by this subsection (u) is deemed to be necessary for |
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| 1 | | the public interest, safety, and welfare. | 2 | | (v) In order to provide for the expeditious and timely | 3 | | implementation of the provisions of Public Act 99-516, | 4 | | emergency rules to implement Public Act 99-516 may be adopted | 5 | | in accordance with this subsection (v) by the Department of | 6 | | Healthcare and Family Services. The 24-month limitation on the | 7 | | adoption of emergency rules does not apply to rules adopted | 8 | | under this subsection (v). The adoption of emergency rules | 9 | | authorized by this subsection (v) is deemed to be necessary for | 10 | | the public interest, safety, and welfare. | 11 | | (w) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of Public Act 99-796, | 13 | | emergency rules to implement the changes made by Public Act | 14 | | 99-796 may be adopted in accordance with this subsection (w) by | 15 | | the Adjutant General. The adoption of emergency rules | 16 | | authorized by this subsection (w) is deemed to be necessary for | 17 | | the public interest, safety, and welfare. | 18 | | (x) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Public Act 99-906, | 20 | | emergency rules to implement subsection (i) of Section 16-115D, | 21 | | subsection (g) of Section 16-128A, and subsection (a) of | 22 | | Section 16-128B of the Public Utilities Act may be adopted in | 23 | | accordance with this subsection (x) by the Illinois Commerce | 24 | | Commission. The rulemaking authority granted in this | 25 | | subsection (x) shall apply only to those rules adopted within | 26 | | 180 days after June 1, 2017 (the effective date of Public Act |
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| 1 | | 99-906). The adoption of emergency rules authorized by this | 2 | | subsection (x) is deemed to be necessary for the public | 3 | | interest, safety, and welfare. | 4 | | (y) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of Public Act 100-23, | 6 | | emergency rules to implement the changes made by Public Act | 7 | | 100-23 to Section 4.02 of the Illinois Act on the Aging, | 8 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 9 | | Section 55-30 of the Alcoholism and Other Drug Abuse and | 10 | | Dependency Act, and Sections 74 and 75 of the Mental Health and | 11 | | Developmental Disabilities Administrative Act may be adopted | 12 | | in accordance with this subsection (y) by the respective | 13 | | Department. The adoption of emergency rules authorized by this | 14 | | subsection (y) is deemed to be necessary for the public | 15 | | interest, safety, and welfare. | 16 | | (z) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of Public Act 100-554, | 18 | | emergency rules to implement the changes made by Public Act | 19 | | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | 20 | | adopted in accordance with this subsection (z) by the Secretary | 21 | | of State. The adoption of emergency rules authorized by this | 22 | | subsection (z) is deemed to be necessary for the public | 23 | | interest, safety, and welfare. | 24 | | (aa) In order to provide for the expeditious and timely | 25 | | initial implementation of the changes made to Articles 5, 5A, | 26 | | 12, and 14 of the Illinois Public Aid Code under the provisions |
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| 1 | | of Public Act 100-581, the Department of Healthcare and Family | 2 | | Services may adopt emergency rules in accordance with this | 3 | | subsection (aa). The 24-month limitation on the adoption of | 4 | | emergency rules does not apply to rules to initially implement | 5 | | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | 6 | | Public Aid Code adopted under this subsection (aa). The | 7 | | adoption of emergency rules authorized by this subsection (aa) | 8 | | is deemed to be necessary for the public interest, safety, and | 9 | | welfare. | 10 | | (bb) In order to provide for the expeditious and timely | 11 | | implementation of the provisions of Public Act 100-587, | 12 | | emergency rules to implement the changes made by Public Act | 13 | | 100-587 to Section 4.02 of the Illinois Act on the Aging, | 14 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 15 | | subsection (b) of Section 55-30 of the Alcoholism and Other | 16 | | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | 17 | | Mental Health Rehabilitation Act of 2013, and Section 75 and | 18 | | subsection (b) of Section 74 of the Mental Health and | 19 | | Developmental Disabilities Administrative Act may be adopted | 20 | | in accordance with this subsection (bb) by the respective | 21 | | Department. The adoption of emergency rules authorized by this | 22 | | subsection (bb) is deemed to be necessary for the public | 23 | | interest, safety, and welfare. | 24 | | (cc) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of Public Act 100-587, | 26 | | emergency rules may be adopted in accordance with this |
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| 1 | | subsection (cc) to implement the changes made by Public Act | 2 | | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | 3 | | Pension Code by the Board created under Article 14 of the Code; | 4 | | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | 5 | | the Board created under Article 15 of the Code; and Sections | 6 | | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board | 7 | | created under Article 16 of the Code. The adoption of emergency | 8 | | rules authorized by this subsection (cc) is deemed to be | 9 | | necessary for the public interest, safety, and welfare. | 10 | | (dd) In order to provide for the expeditious and timely | 11 | | implementation of the provisions of Public Act 100-864, | 12 | | emergency rules to implement the changes made by Public Act | 13 | | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | 14 | | may be adopted in accordance with this subsection (dd) by the | 15 | | Secretary of State. The adoption of emergency rules authorized | 16 | | by this subsection (dd) is deemed to be necessary for the | 17 | | public interest, safety, and welfare. | 18 | | (ee) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Public Act 100-1172, | 20 | | emergency rules implementing the Illinois Underground Natural | 21 | | Gas Storage Safety Act may be adopted in accordance with this | 22 | | subsection by the Department of Natural Resources. The adoption | 23 | | of emergency rules authorized by this subsection is deemed to | 24 | | be necessary for the public interest, safety, and welfare. | 25 | | (ff) In order to provide for the expeditious and timely | 26 | | initial implementation of the changes made to Articles 5A and |
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| 1 | | 14 of the Illinois Public Aid Code under the provisions of | 2 | | Public Act 100-1181, the Department of Healthcare and Family | 3 | | Services may on a one-time-only basis adopt emergency rules in | 4 | | accordance with this subsection (ff). The 24-month limitation | 5 | | on the adoption of emergency rules does not apply to rules to | 6 | | initially implement the changes made to Articles 5A and 14 of | 7 | | the Illinois Public Aid Code adopted under this subsection | 8 | | (ff). The adoption of emergency rules authorized by this | 9 | | subsection (ff) is deemed to be necessary for the public | 10 | | interest, safety, and welfare. | 11 | | (gg) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of Public Act 101-1, emergency | 13 | | rules may be adopted by the Department of Labor in accordance | 14 | | with this subsection (gg) to implement the changes made by | 15 | | Public Act 101-1 to the Minimum Wage Law. The adoption of | 16 | | emergency rules authorized by this subsection (gg) is deemed to | 17 | | be necessary for the public interest, safety, and welfare. | 18 | | (hh) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Public Act 101-10 this | 20 | | amendatory Act of the 101st General Assembly , emergency rules | 21 | | may be adopted in accordance with this subsection (hh) to | 22 | | implement the changes made by Public Act 101-10 this amendatory | 23 | | Act of the 101st General Assembly to subsection (j) of Section | 24 | | 5-5.2 of the Illinois Public Aid Code. The adoption of | 25 | | emergency rules authorized by this subsection (hh) is deemed to | 26 | | be necessary for the public interest, safety, and welfare. |
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| 1 | | (ii) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of Public Act 101-10 this | 3 | | amendatory Act of the 101st General Assembly , emergency rules | 4 | | to implement the changes made by Public Act 101-10 this | 5 | | amendatory Act of the 101st General Assembly to Sections 5-5.4 | 6 | | and 5-5.4i of the Illinois Public Aid Code may be adopted in | 7 | | accordance with this subsection (ii) by the Department of | 8 | | Public Health. The adoption of emergency rules authorized by | 9 | | this subsection (ii) is deemed to be necessary for the public | 10 | | interest, safety, and welfare. | 11 | | (jj) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of Public Act 101-10 this | 13 | | amendatory Act of the 101st General Assembly , emergency rules | 14 | | to implement the changes made by Public Act 101-10 this | 15 | | amendatory Act of the 101st General Assembly to Section 74 of | 16 | | the Mental Health and Developmental Disabilities | 17 | | Administrative Act may be adopted in accordance with this | 18 | | subsection (jj) by the Department of Human Services. The | 19 | | adoption of emergency rules authorized by this subsection (jj) | 20 | | is deemed to be necessary for the public interest, safety, and | 21 | | welfare. | 22 | | (kk) (gg) In order to provide for the expeditious and | 23 | | timely implementation of the Cannabis Regulation and Tax Act | 24 | | and Public Act 101-27 this amendatory Act of the 101st General | 25 | | Assembly , the Department of Revenue, the Department of Public | 26 | | Health, the Department of Agriculture, the Department of State |
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| 1 | | Police, and the Department of Financial and Professional | 2 | | Regulation may adopt emergency rules in accordance with this | 3 | | subsection (kk) (gg) . The rulemaking authority granted in this | 4 | | subsection (kk) (gg) shall apply only to rules adopted before | 5 | | December 31, 2021. Notwithstanding the provisions of | 6 | | subsection (c), emergency rules adopted under this subsection | 7 | | (kk) (gg) shall be effective for 180 days. The adoption of | 8 | | emergency rules authorized by this subsection (kk) (gg) is | 9 | | deemed to be necessary for the public interest, safety, and | 10 | | welfare. | 11 | | (ll) (hh) In order to provide for the expeditious and | 12 | | timely implementation of the provisions of the Leveling the | 13 | | Playing Field for Illinois Retail Act, emergency rules may be | 14 | | adopted in accordance with this subsection (ll) (hh) to | 15 | | implement the changes made by the Leveling the Playing Field | 16 | | for Illinois Retail Act. The adoption of emergency rules | 17 | | authorized by this subsection (ll) (hh) is deemed to be | 18 | | necessary for the public interest, safety, and welfare. | 19 | | (mm) (ii) In order to provide for the expeditious and | 20 | | timely implementation of the provisions of Section 25-70 of the | 21 | | Sports Wagering Act, emergency rules to implement Section 25-70 | 22 | | of the Sports Wagering Act may be adopted in accordance with | 23 | | this subsection (mm) (ii) by the Department of the Lottery as | 24 | | provided in the Sports Wagering Act. The adoption of emergency | 25 | | rules authorized by this subsection (mm) (ii) is deemed to be | 26 | | necessary for the public interest, safety, and welfare. |
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| 1 | | (nn) (jj) In order to provide for the expeditious and | 2 | | timely implementation of the Sports Wagering Act, emergency | 3 | | rules to implement the Sports Wagering Act may be adopted in | 4 | | accordance with this subsection (nn) (jj) by the Illinois | 5 | | Gaming Board. The adoption of emergency rules authorized by | 6 | | this subsection (nn) (jj) is deemed to be necessary for the | 7 | | public interest, safety, and welfare. | 8 | | (oo) (kk) In order to provide for the expeditious and | 9 | | timely implementation of the provisions of subsection (c) of | 10 | | Section 20 of the Video Gaming Act, emergency rules to | 11 | | implement the provisions of subsection (c) of Section 20 of the | 12 | | Video Gaming Act may be adopted in accordance with this | 13 | | subsection (oo) (kk) by the Illinois Gaming Board. The adoption | 14 | | of emergency rules authorized by this subsection (oo) (kk) is | 15 | | deemed to be necessary for the public interest, safety, and | 16 | | welfare. | 17 | | (pp) (gg) In order to provide for the expeditious and | 18 | | timely
implementation of the provisions of Section 50 of the | 19 | | Sexual
Assault Evidence Submission Act, emergency rules to | 20 | | implement
Section 50 of the Sexual Assault Evidence Submission | 21 | | Act may be
adopted in accordance with this subsection (pp) (gg) | 22 | | by the
Department of State Police. The adoption of emergency | 23 | | rules
authorized by this subsection (pp) (gg) is deemed to be | 24 | | necessary
for the public interest, safety, and welfare. | 25 | | (qq) In order to provide for the expeditious and timely | 26 | | implementation of the provisions of the Illinois Works Jobs |
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| 1 | | Program Act, emergency rules may be adopted in accordance with | 2 | | this subsection (qq) to implement the Illinois Works Jobs | 3 | | Program Act. The adoption of emergency rules authorized by this | 4 | | subsection (qq) is deemed to be necessary for the public | 5 | | interest, safety, and welfare. | 6 | | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; | 7 | | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | 8 | | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | 9 | | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff. | 10 | | 3-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5, | 11 | | eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19; | 12 | | 101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff. | 13 | | 6-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19; | 14 | | 101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff. | 15 | | 8-16-19; revised 9-27-19.) | 16 | | Section 1-15. The Illinois Works Jobs Program Act is | 17 | | amended by changing Sections 20-10, 20-15, 20-20, and 20-25 as | 18 | | follows: | 19 | | (30 ILCS 559/20-10)
| 20 | | Sec. 20-10. Definitions. | 21 | | "Apprentice" means a participant in an apprenticeship | 22 | | program approved by and registered with the United States | 23 | | Department of Labor's Bureau of Apprenticeship and Training. | 24 | | "Apprenticeship program" means an apprenticeship and |
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| 1 | | training program approved by and registered with the United | 2 | | States Department of Labor's Bureau of Apprenticeship and | 3 | | Training. | 4 | | "Bid credit" means a virtual dollar for a contractor or | 5 | | subcontractor to use toward future bids on contracts with the | 6 | | State for public works projects contracts . | 7 | | "Community-based organization" means a nonprofit | 8 | | organization , including an accredited public college or | 9 | | university, selected by the Department to participate in the | 10 | | Illinois Works Preapprenticeship Program. To qualify as a | 11 | | "community-based organization", the organization must | 12 | | demonstrate the following: | 13 | | (1) the ability to effectively serve diverse and | 14 | | underrepresented populations, including by providing | 15 | | employment services to such populations; | 16 | | (2) knowledge of the construction and building trades; | 17 | | (3) the ability to recruit, prescreen, and provide | 18 | | preapprenticeship training to prepare workers for | 19 | | employment in the construction and building trades; and | 20 | | (4) a plan to provide the following: | 21 | | (A) preparatory classes; | 22 | | (B) workplace readiness skills, such as resume | 23 | | preparation and interviewing techniques; | 24 | | (C) strategies for overcoming barriers to entry | 25 | | and completion of an apprenticeship program; and | 26 | | (D) any prerequisites for acceptance into an |
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| 1 | | apprenticeship program. | 2 | | "Contractor" means a person, corporation, partnership, | 3 | | limited liability company, or joint venture entering into a | 4 | | contract with the State or any State agency to construct a | 5 | | public work. | 6 | | "Department" means the Department of Commerce and Economic | 7 | | Opportunity. | 8 | | "Labor hours" means the total hours for workers who are | 9 | | receiving an hourly wage and who are directly employed for the | 10 | | public works project. "Labor hours" includes hours performed by | 11 | | workers employed by the contractor and subcontractors on the | 12 | | public works project. "Labor hours" does not include hours | 13 | | worked by the forepersons, superintendents, owners, and | 14 | | workers who are not subject to prevailing wage requirements. | 15 | | "Minorities" means minority persons as defined in the | 16 | | Business Enterprise for Minorities, Women, and Persons with | 17 | | Disabilities Act. | 18 | | "Public works" means all projects , contracted or funded by | 19 | | the State or any agency of the State, in whole or in part, from | 20 | | appropriated capital funds, that constitute public works under | 21 | | the Prevailing Wage Act. | 22 | | "Subcontractor" means a person, corporation, partnership, | 23 | | limited liability company, or joint venture that has contracted | 24 | | with the contractor to perform all or part of the work to | 25 | | construct a public work by a contractor. | 26 | | "Underrepresented populations" means populations |
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| 1 | | identified by the Department that historically have had | 2 | | barriers to entry or advancement in the workforce. | 3 | | "Underrepresented populations" includes, but is not limited | 4 | | to, minorities, women, and veterans.
| 5 | | (Source: P.A. 101-31, eff. 6-28-19.) | 6 | | (30 ILCS 559/20-15)
| 7 | | Sec. 20-15. Illinois Works Preapprenticeship Program; | 8 | | Illinois Works Bid Credit Program. | 9 | | (a) The Illinois Works Preapprenticeship Program is | 10 | | established and shall be administered by the Department. The | 11 | | goal of the Illinois Works Preapprenticeship Program is to | 12 | | create a network of community-based organizations throughout | 13 | | the State that will recruit, prescreen, and provide | 14 | | preapprenticeship skills training , for which participants may | 15 | | attend free of charge and receive a stipend, to create a | 16 | | qualified, diverse pipeline of workers who are prepared for | 17 | | careers in the construction and building trades. Upon | 18 | | completion of the Illinois Works Preapprenticeship Program, | 19 | | the candidates will be skilled and work-ready. | 20 | | (b) There is created the Illinois Works Fund, a special | 21 | | fund in the State treasury. The Illinois Works Fund shall be | 22 | | administered by the Department. The Illinois Works Fund shall | 23 | | be used to provide funding for community-based organizations | 24 | | throughout the State. In addition to any other transfers that | 25 | | may be provided for by law, on and after July 1, 2019 and until |
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| 1 | | June 30, 2020, at the direction of the Director of the | 2 | | Governor's Office of Management and Budget, the State | 3 | | Comptroller shall direct and the State Treasurer shall transfer | 4 | | amounts not exceeding a total of $25,000,000 from the Rebuild | 5 | | Illinois Projects Fund to the Illinois Works Fund. | 6 | | (c) Each community-based organization that receives | 7 | | funding from the Illinois Works Fund shall provide an annual | 8 | | report to the Illinois Works Review Panel by April 1 of each | 9 | | calendar year. The annual report shall include the following | 10 | | information: | 11 | | (1) a description of the community-based | 12 | | organization's recruitment, screening, and training | 13 | | efforts; | 14 | | (2) the number of individuals who apply to, participate | 15 | | in, and complete the community-based organization's | 16 | | program, broken down by race, gender, age, and veteran | 17 | | status; and | 18 | | (3) the number of the individuals referenced in item (2) of | 19 | | this subsection who are initially accepted and placed into | 20 | | apprenticeship programs in the construction and building | 21 | | trades. | 22 | | (d) The Department shall create and administer the Illinois | 23 | | Works Bid Credit Program that shall provide economic | 24 | | incentives, through bid credits, to encourage contractors and | 25 | | subcontractors to provide contracting and employment | 26 | | opportunities to historically underrepresented populations in |
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| 1 | | the construction industry. | 2 | | The Illinois Works Bid Credit Program shall allow | 3 | | contractors and subcontractors to earn bid credits for use | 4 | | toward future bids for public works projects contracted by the | 5 | | State or an agency of the State in order to increase the | 6 | | chances that the contractor and the subcontractors will be | 7 | | selected. | 8 | | Contractors or subcontractors may be eligible for bid | 9 | | credits for employing apprentices who have completed the | 10 | | Illinois Works Preapprenticeship Program on public works | 11 | | projects contracted by the State or any agency of the State . | 12 | | Contractors or subcontractors shall earn bid credits at a rate | 13 | | established by the Department and based on labor hours worked | 14 | | on State-contracted public works projects by apprentices who | 15 | | have completed the Illinois Works Preapprenticeship Program. | 16 | | The Department shall establish the rate by rule and shall | 17 | | publish it published on the Department's website . The rule may | 18 | | include maximum bid credits allowed per contractor, per | 19 | | subcontractor, per apprentice, per bid, or per year , including | 20 | | any appropriate caps . | 21 | | The Illinois Works Credit Bank is hereby created and shall | 22 | | be administered by the Department. The Illinois Works Credit | 23 | | Bank shall track the bid credits. | 24 | | A contractor or subcontractor who has been awarded bid | 25 | | credits under any other State program for employing apprentices | 26 | | who have completed the Illinois Works Preapprenticeship |
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| 1 | | Program is not eligible to receive bid credits under the | 2 | | Illinois Works Bid Credit Program relating to the same | 3 | | contract. | 4 | | The Department shall report to the Illinois Works Review | 5 | | Panel the following: (i) the number of bid credits awarded by | 6 | | the Department; (ii) the number of bid credits submitted by the | 7 | | contractor or subcontractor to the agency administering the | 8 | | public works contract; and (iii) the number of bid credits | 9 | | accepted by the agency for such contract. Any agency that | 10 | | awards bid credits pursuant to the Illinois Works Credit Bank | 11 | | Program shall report to the Department the number of bid | 12 | | credits it accepted for the public works contract. | 13 | | Upon a finding that a contractor or subcontractor has | 14 | | reported falsified records to the Department in order to | 15 | | fraudulently obtain bid credits, the Department may shall | 16 | | permanently bar the contractor or subcontractor from | 17 | | participating in the Illinois Works Bid Credit Program and may | 18 | | suspend the contractor or subcontractor from bidding on or | 19 | | participating in any public works project. False or fraudulent | 20 | | claims for payment relating to false bid credits may be subject | 21 | | to damages and penalties under applicable law. | 22 | | (e) The Department shall adopt any rules deemed necessary | 23 | | to implement this Section. In order to provide for the | 24 | | expeditious and timely implementation of this Act, the | 25 | | Department may adopt emergency rules. The adoption of emergency | 26 | | rules authorized by this subsection is deemed to be necessary |
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| 1 | | for the public interest, safety, and welfare.
| 2 | | (Source: P.A. 101-31, eff. 6-28-19.) | 3 | | (30 ILCS 559/20-20)
| 4 | | Sec. 20-20. Illinois Works Apprenticeship Initiative. | 5 | | (a) The Illinois Works Apprenticeship Initiative is | 6 | | established and shall be administered by the Department. | 7 | | (1) Subject to the exceptions set forth in subsection | 8 | | (b) of this Section, apprentices shall be utilized on all | 9 | | public works projects estimated to cost $500,000 or more in | 10 | | accordance with this subsection (a). | 11 | | (2) For public works projects estimated to cost | 12 | | $500,000 or more , the goal of the Illinois Works | 13 | | Apprenticeship Initiative is that apprentices will perform | 14 | | either 10% of the total labor hours actually worked in each | 15 | | prevailing wage classification or 10% of the estimated | 16 | | labor hours in each prevailing wage classification, | 17 | | whichever is less. | 18 | | (b) Before or during the term of a contract subject to this | 19 | | Section, the Department may reduce or waive the goals set forth | 20 | | in paragraph (2) of subsection (a). Prior to the Department | 21 | | granting a request for a reduction or waiver, the Department | 22 | | shall determine, in its discretion, whether to hold a public | 23 | | hearing on the request. In determining whether to hold a public | 24 | | hearing, the Department may consider factors, including the | 25 | | scale of the project and whether the contractor or |
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| 1 | | subcontractor seeking the reduction or waiver has previously | 2 | | requested reductions or waivers on other projects. The | 3 | | Department may also and shall consult with the Business | 4 | | Enterprise Council under the Business Enterprise for | 5 | | Minorities, Women, and Persons with Disabilities Act and the | 6 | | Chief Procurement Officer of the agency administering the | 7 | | public works contract. The Department may grant a reduction or | 8 | | waiver upon a determination that: | 9 | | (1) the contractor or subcontractor has demonstrated | 10 | | that insufficient apprentices are available; | 11 | | (2) the reasonable and necessary requirements of the | 12 | | contract do not allow the goal to be met; | 13 | | (3) there is a disproportionately high ratio of | 14 | | material costs to labor hours that makes meeting the goal | 15 | | infeasible; or | 16 | | (4) apprentice labor hour goals conflict with existing | 17 | | requirements, including federal requirements, in | 18 | | connection with the public work. | 19 | | (c) Contractors and subcontractors must submit a | 20 | | certification to the Department and the agency that is | 21 | | administering the contract , or the grant agreement funding the | 22 | | contract, demonstrating that the contractor or subcontractor | 23 | | has either: | 24 | | (1) met the apprentice labor hour goals set forth in | 25 | | paragraph (2) of subsection (a); or | 26 | | (2) received a reduction or waiver pursuant to |
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| 1 | | subsection (b). | 2 | | It shall be deemed to be a material breach of the contract , | 3 | | or the grant agreement funding the contract, and entitle the | 4 | | State to declare a default, terminate the contract or grant | 5 | | agreement funding it , and exercise those remedies provided for | 6 | | in the contract, at law, or in equity if the contractor or | 7 | | subcontractor fails to submit the certification required in | 8 | | this subsection or submits false or misleading information. | 9 | | (d) No later than one year after the effective date of this | 10 | | Act, and by April 1 of every calendar year thereafter, the | 11 | | Department of Labor shall submit a report to the Illinois Works | 12 | | Review Panel regarding the use of apprentices under the | 13 | | Illinois Works Apprenticeship Initiative for public works | 14 | | projects. To the extent it is available, the report shall | 15 | | include the following information: | 16 | | (1) the total number of labor hours on each project and | 17 | | the percentage of labor hours actually worked by | 18 | | apprentices on each public works project; | 19 | | (2) the number of apprentices used in each public works | 20 | | project, broken down by trade; and | 21 | | (3) the number and percentage of minorities, women, and | 22 | | veterans utilized as apprentices on each public works | 23 | | project. | 24 | | (e) The Department shall adopt any rules deemed necessary | 25 | | to implement the Illinois Works Apprenticeship Initiative. In | 26 | | order to provide for the expeditious and timely implementation |
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| 1 | | of this Act, the Department may adopt emergency rules. The | 2 | | adoption of emergency rules authorized by this subsection is | 3 | | deemed to be necessary for the public interest, safety, and | 4 | | welfare. | 5 | | (f) The Illinois Works Apprenticeship Initiative shall not | 6 | | interfere with any contracts or grants program in existence on | 7 | | the effective date of this Act.
| 8 | | (g) Notwithstanding any provisions to the contrary in this | 9 | | Act, any State agency that administers a construction program | 10 | | for which federal law or regulations establish standards and | 11 | | procedures for the utilization of apprentices may implement the | 12 | | Illinois Works Apprenticeship Initiative using the federal | 13 | | standards and procedures for the establishment of goals and | 14 | | utilization procedures for the State-funded, as well as the | 15 | | federally assisted, portions of the program. In such cases, | 16 | | these goals shall not exceed those established pursuant to the | 17 | | relevant federal statutes or regulations. | 18 | | (Source: P.A. 101-31, eff. 6-28-19.) | 19 | | (30 ILCS 559/20-25)
| 20 | | Sec. 20-25. The Illinois Works Review Panel. | 21 | | (a) The Illinois Works Review Panel is created and shall be | 22 | | comprised of 25 11 members, each serving 3-year terms. The | 23 | | Speaker of the House of Representatives and the President of | 24 | | the Senate shall each appoint 5 2 members. The Minority Leader | 25 | | of the House of Representatives and the Minority Leader of the |
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| 1 | | Senate shall each appoint 5 members one member . The Director of | 2 | | Commerce and Economic Opportunity, or his or her designee, | 3 | | shall serve as a member. The Governor shall appoint the | 4 | | following individuals to serve as members: a representative | 5 | | from a contractor organization; a representative from a labor | 6 | | organization; and 2 members of the public with workforce | 7 | | development expertise, one of whom shall be a representative of | 8 | | a nonprofit organization that addresses workforce development. | 9 | | (b) The members of the Illinois Works Review Panel shall | 10 | | make recommendations to the Department regarding | 11 | | identification and evaluation of community-based | 12 | | organizations. | 13 | | (c) The Illinois Works Review Panel shall meet, at least | 14 | | quarterly, to review and evaluate (i) the Illinois Works | 15 | | Preapprenticeship Program and the Illinois Works | 16 | | Apprenticeship Initiative, (ii) ideas to diversify the trainee | 17 | | corps in the Illinois Works Preapprenticeship Program and the | 18 | | workforce in the construction industry in Illinois, (iii) ideas | 19 | | to increase diversity in active apprenticeship programs in | 20 | | Illinois, and (iv) (iii) workforce demographic data collected | 21 | | by the Illinois Department of Labor. | 22 | | (d) All State contracts and grant agreements funding State | 23 | | contracts shall include a requirement that the contractor and | 24 | | subcontractor shall, upon reasonable notice, appear before and | 25 | | respond to requests for information from the Illinois Works | 26 | | Review Panel. |
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| 1 | | (e) By August 1, 2020, and every August 1 thereafter, the | 2 | | Illinois Works Review Panel shall report to the General | 3 | | Assembly on its evaluation of the Illinois Works | 4 | | Preapprenticeship Program and the Illinois Works | 5 | | Apprenticeship Initiative, including any recommended | 6 | | modifications.
| 7 | | (Source: P.A. 101-31, eff. 6-28-19.) | 8 | | Article 2 | 9 | | Section 2-5. The Department of Labor Law of the
Civil | 10 | | Administrative Code of Illinois is amended by changing Section | 11 | | 1505-215 as follows: | 12 | | (20 ILCS 1505/1505-215) | 13 | | (This Section may contain text from a Public Act with a | 14 | | delayed effective date ) | 15 | | Sec. 1505-215. Bureau on Apprenticeship Programs; Advisory | 16 | | Board. | 17 | | (a) There is created within the Department of Labor a | 18 | | Bureau on Apprenticeship Programs. This Bureau shall work to | 19 | | increase minority participation in active apprentice programs | 20 | | in Illinois that are approved by the United States Department | 21 | | of Labor. The Bureau shall identify barriers to minorities | 22 | | gaining access to construction careers and make | 23 | | recommendations to the Governor and the General Assembly for |
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| 1 | | policies to remove those barriers. The Department may hire | 2 | | staff to perform outreach in promoting diversity in active | 3 | | apprenticeship programs approved by the United States | 4 | | Department of Labor. The Bureau shall annually compile racial | 5 | | and gender workforce diversity information from contractors | 6 | | receiving State or other public funds and by labor unions with | 7 | | members working on projects receiving State or other public | 8 | | funds. | 9 | | (b) There is created the Advisory Board for Diversity in | 10 | | Active Apprenticeship Programs Approved by the United States | 11 | | Department of Labor. This Advisory Board shall be composed of | 12 | | 12 legislators; 3 members appointed by the President of the | 13 | | Senate, 3 members appointed by the Speaker of the House of | 14 | | Representatives, 3 members appointed by the Minority Leader of | 15 | | the Senate, and 3 members appointed by the Minority Leader of | 16 | | the House of Representatives. The President of the Senate and | 17 | | the Speaker of the House of Representatives shall each appoint | 18 | | a co-chairperson. Members of the Advisory Board shall receive | 19 | | no compensation for serving as members of the Advisory Board. | 20 | | The Advisory Board shall meet quarterly. The Advisory Board may | 21 | | request necessary additional information from the Department, | 22 | | other State agencies, or public institutions of higher | 23 | | education for the purposes of performing its duties under this | 24 | | Section. The Advisory Board may advise the Department of | 25 | | programs to increase diversity in active apprenticeship | 26 | | programs. The Department shall provide administrative support |
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| 1 | | and staffing for the Advisory Board.
| 2 | | (Source: P.A. 101-170, eff. 1-1-20.) | 3 | | Section 2-10. The Business Enterprise for Minorities, | 4 | | Women, and Persons with
Disabilities Act is amended by changing | 5 | | Sections 2, 4, 5, and 7 as follows:
| 6 | | (30 ILCS 575/2)
| 7 | | (Section scheduled to be repealed on June 30, 2024) | 8 | | Sec. 2. Definitions.
| 9 | | (A) For the purpose of this Act, the following
terms shall | 10 | | have the following definitions:
| 11 | | (1) "Minority person" shall mean a person who is a | 12 | | citizen or lawful
permanent resident of the United States | 13 | | and who is any of the following:
| 14 | | (a) American Indian or Alaska Native (a person | 15 | | having origins in any of the original peoples of North | 16 | | and South America, including Central America, and who | 17 | | maintains tribal affiliation or community attachment). | 18 | | (b) Asian (a person having origins in any of the | 19 | | original peoples of the Far East, Southeast Asia, or | 20 | | the Indian subcontinent, including, but not limited | 21 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 22 | | Pakistan, the Philippine Islands, Thailand, and | 23 | | Vietnam). | 24 | | (c) Black or African American (a person having |
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| 1 | | origins in any of the black racial groups of Africa). | 2 | | Terms such as "Haitian" or "Negro" can be used in | 3 | | addition to "Black or African American". | 4 | | (d) Hispanic or Latino (a person of Cuban, Mexican, | 5 | | Puerto Rican, South or Central American, or other | 6 | | Spanish culture or origin, regardless of race). | 7 | | (e) Native Hawaiian or Other Pacific Islander (a | 8 | | person having origins in any of the original peoples of | 9 | | Hawaii, Guam, Samoa, or other Pacific Islands).
| 10 | | (2) "Woman" shall mean a person who is a citizen or | 11 | | lawful permanent
resident of the United States and who is | 12 | | of the female gender.
| 13 | | (2.05) "Person with a disability" means a person who is | 14 | | a citizen or
lawful resident of the United States and is a | 15 | | person qualifying as a person with a disability under | 16 | | subdivision (2.1) of this subsection (A).
| 17 | | (2.1) "Person with a disability" means a person with a | 18 | | severe physical or mental disability that:
| 19 | | (a) results from:
| 20 | | amputation,
| 21 | | arthritis,
| 22 | | autism,
| 23 | | blindness,
| 24 | | burn injury,
| 25 | | cancer,
| 26 | | cerebral palsy,
|
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| 1 | | Crohn's disease, | 2 | | cystic fibrosis,
| 3 | | deafness,
| 4 | | head injury,
| 5 | | heart disease,
| 6 | | hemiplegia,
| 7 | | hemophilia,
| 8 | | respiratory or pulmonary dysfunction,
| 9 | | an intellectual disability,
| 10 | | mental illness,
| 11 | | multiple sclerosis,
| 12 | | muscular dystrophy,
| 13 | | musculoskeletal disorders,
| 14 | | neurological disorders, including stroke and | 15 | | epilepsy,
| 16 | | paraplegia,
| 17 | | quadriplegia and other spinal cord conditions,
| 18 | | sickle cell anemia,
| 19 | | ulcerative colitis, | 20 | | specific learning disabilities, or
| 21 | | end stage renal failure disease; and
| 22 | | (b) substantially limits one or more of the | 23 | | person's major life activities.
| 24 | | Another disability or combination of disabilities may | 25 | | also be considered
as a severe disability for the purposes | 26 | | of item (a) of this
subdivision (2.1) if it is determined |
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| 1 | | by an evaluation of
rehabilitation potential to
cause a | 2 | | comparable degree of substantial functional limitation | 3 | | similar to
the specific list of disabilities listed in item | 4 | | (a) of this
subdivision (2.1).
| 5 | | (3) "Minority-owned business" means a business which | 6 | | is at least
51% owned by one or more minority persons, or | 7 | | in the case of a
corporation, at least 51% of the stock in | 8 | | which is owned by one or
more minority persons; and the | 9 | | management and daily business operations of
which are | 10 | | controlled by one or more of the minority individuals who | 11 | | own it.
| 12 | | (4) "Women-owned business" means a business which is at | 13 | | least
51% owned by one or more women, or, in the case of a | 14 | | corporation, at
least 51% of the stock in which is owned by | 15 | | one or more women; and the
management and daily business | 16 | | operations of which are controlled by one or
more of the | 17 | | women who own it.
| 18 | | (4.1) "Business owned by a person with a disability" | 19 | | means a business
that is at least 51% owned by one or more | 20 | | persons with a disability
and the management and daily | 21 | | business operations of which
are controlled by one or more | 22 | | of the persons with disabilities who own it. A
| 23 | | not-for-profit agency for persons with disabilities that | 24 | | is exempt from
taxation under Section 501 of the Internal | 25 | | Revenue Code of 1986 is also
considered a "business owned | 26 | | by a person with a disability".
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| 1 | | (4.2) "Council" means the Business Enterprise Council | 2 | | for Minorities, Women, and Persons with Disabilities | 3 | | created under Section 5 of this Act.
| 4 | | (5) "State contracts" means all contracts entered into | 5 | | by the State, any agency or department thereof, or any | 6 | | public institution of higher education, including | 7 | | community college districts, regardless of the source of | 8 | | the funds with which the contracts are paid, which are not | 9 | | subject to federal reimbursement. "State contracts" does | 10 | | not include contracts awarded by a retirement system, | 11 | | pension fund, or investment board subject to Section | 12 | | 1-109.1 of the Illinois Pension Code. This definition shall | 13 | | control over any existing definition under this Act or | 14 | | applicable administrative rule.
| 15 | | "State construction contracts" means all State | 16 | | contracts entered
into by a State agency or public | 17 | | institution of higher education for the repair, | 18 | | remodeling,
renovation or
construction of a building or | 19 | | structure, or for the construction or
maintenance of a | 20 | | highway defined in Article 2 of the Illinois Highway
Code.
| 21 | | (6) "State agencies" shall mean all departments, | 22 | | officers, boards,
commissions, institutions and bodies | 23 | | politic and corporate of the State,
but does not include | 24 | | the Board of Trustees of the University of Illinois,
the | 25 | | Board of Trustees of Southern Illinois University,
the | 26 | | Board of Trustees
of Chicago State University, the Board of |
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| 1 | | Trustees of Eastern Illinois
University, the Board of | 2 | | Trustees of Governors State University, the Board of
| 3 | | Trustees of Illinois State University, the Board of | 4 | | Trustees of Northeastern
Illinois
University, the Board of | 5 | | Trustees of Northern Illinois University, the Board of
| 6 | | Trustees of Western Illinois University,
municipalities or | 7 | | other local governmental units, or other State | 8 | | constitutional
officers.
| 9 | | (7) "Public institutions of higher education" means | 10 | | the University of Illinois, Southern Illinois University, | 11 | | Chicago State University, Eastern Illinois University, | 12 | | Governors State University, Illinois State University, | 13 | | Northeastern Illinois University, Northern Illinois | 14 | | University, Western Illinois University, the public | 15 | | community colleges of the State, and any other public | 16 | | universities, colleges, and community colleges now or | 17 | | hereafter established or authorized by the General | 18 | | Assembly.
| 19 | | (8) "Certification" means a determination made by the | 20 | | Council
or by one delegated authority from the Council to | 21 | | make certifications, or by
a State agency with statutory | 22 | | authority to make such a certification, that a
business | 23 | | entity is a business owned by a
minority, woman, or person | 24 | | with a disability for whatever
purpose. A business owned | 25 | | and controlled by women shall be certified as a | 26 | | "woman-owned business". A business owned and controlled by |
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| 1 | | women who are also minorities shall be certified as both a | 2 | | "women-owned business" and a "minority-owned business".
| 3 | | (9) "Control" means the exclusive or ultimate and sole | 4 | | control of the
business including, but not limited to, | 5 | | capital investment and all other
financial matters, | 6 | | property, acquisitions, contract negotiations, legal
| 7 | | matters, officer-director-employee selection and | 8 | | comprehensive hiring,
operating responsibilities, | 9 | | cost-control matters, income and dividend
matters, | 10 | | financial transactions and rights of other shareholders or | 11 | | joint
partners. Control shall be real, substantial and | 12 | | continuing, not pro forma.
Control shall include the power | 13 | | to direct or cause the direction of the
management and | 14 | | policies of the business and to make the day-to-day as well
| 15 | | as major decisions in matters of policy, management and | 16 | | operations.
Control shall be exemplified by possessing the | 17 | | requisite knowledge and
expertise to run the particular | 18 | | business and control shall not include
simple majority or | 19 | | absentee ownership.
| 20 | | (10) "Business" means a business that has annual gross | 21 | | sales of less than $75,000,000 as evidenced by the federal | 22 | | income tax return of the business. A firm with gross sales | 23 | | in excess of this cap may apply to the Council for | 24 | | certification for a particular contract if the firm can | 25 | | demonstrate that the contract would have significant | 26 | | impact on businesses owned by minorities, women, or persons |
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| 1 | | with disabilities as suppliers or subcontractors or in | 2 | | employment of minorities, women, or persons with | 3 | | disabilities.
| 4 | | (11) "Utilization plan" means a form and additional | 5 | | documentations included in all bids or proposals that | 6 | | demonstrates a vendor's proposed utilization of vendors | 7 | | certified by the Business Enterprise Program to meet the | 8 | | targeted goal. The utilization plan shall demonstrate that | 9 | | the Vendor has either: (1) met the entire contract goal or | 10 | | (2) requested a full or partial waiver and made good faith | 11 | | efforts towards meeting the goal. | 12 | | (12) "Business Enterprise Program" means the Business | 13 | | Enterprise Program of the Department of Central Management | 14 | | Services. | 15 | | (B) When a business is owned at least 51% by any | 16 | | combination of
minority persons, women, or persons with | 17 | | disabilities,
even though none of the 3 classes alone holds at | 18 | | least a 51% interest, the
ownership
requirement for purposes of | 19 | | this Act is considered to be met. The
certification category | 20 | | for the business is that of the class holding the
largest | 21 | | ownership
interest in the business. If 2 or more classes have | 22 | | equal ownership interests,
the certification category shall be | 23 | | determined by
the business.
| 24 | | (Source: P.A. 99-143, eff. 7-27-15; 99-462, eff. 8-25-15; | 25 | | 99-642, eff. 7-28-16; 100-391, eff. 8-25-17 .)
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| 1 | | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
| 2 | | (Text of Section before amendment by P.A. 101-170 )
| 3 | | (Section scheduled to be repealed on June 30, 2024)
| 4 | | Sec. 4. Award of State contracts.
| 5 | | (a) Except as provided in subsection subsections (b) and | 6 | | (c) , not less than 20% of
the total dollar amount of State | 7 | | contracts, as defined by the Secretary of
the Council and | 8 | | approved by the Council, shall be established as an | 9 | | aspirational goal to
be awarded to businesses owned by | 10 | | minorities,
women, and persons with disabilities; provided, | 11 | | however, that
of the total amount of all
State contracts | 12 | | awarded to businesses owned by
minorities, women, and persons | 13 | | with disabilities pursuant to
this Section, contracts | 14 | | representing at least 11% shall be awarded to businesses owned | 15 | | by minorities, contracts representing at least 7% shall be | 16 | | awarded to women-owned businesses, and contracts representing | 17 | | at least 2% shall be awarded to businesses owned by persons | 18 | | with disabilities.
| 19 | | The above percentage relates to the total dollar amount of | 20 | | State
contracts during each State fiscal year, calculated by | 21 | | examining
independently each type of contract for each agency | 22 | | or public institutions of higher education which
lets such | 23 | | contracts. Only that percentage of arrangements which | 24 | | represents the participation of businesses owned by
| 25 | | minorities, women, and persons with disabilities on such | 26 | | contracts shall
be included. State contracts subject to the |
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| 1 | | requirements of this Act shall include the requirement that | 2 | | only expenditures to businesses owned by minorities, women, and | 3 | | persons with disabilities that perform a commercially useful | 4 | | function may be counted toward the goals set forth by this Act. | 5 | | Contracts shall include a definition of "commercially useful | 6 | | function" that is consistent with 49 CFR 26.55(c).
| 7 | | (b) In the case of State construction contracts, the | 8 | | provisions of
subsection (a) requiring a portion of State | 9 | | contracts to be awarded to
businesses owned and controlled by | 10 | | persons with
disabilities do not apply. The following | 11 | | aspirational goals are established for State construction | 12 | | contracts: not less
than 20% of the total dollar amount of | 13 | | State construction contracts is
established as a goal to be | 14 | | awarded to minority-owned and women-owned
businesses.
| 15 | | (c) In the case of all work undertaken by the University of | 16 | | Illinois related to the planning, organization, and staging of | 17 | | the games, the University of Illinois shall establish a goal of | 18 | | awarding not less than 25% of the annual dollar value of all | 19 | | contracts, purchase orders, and other agreements (collectively | 20 | | referred to as "the contracts") to minority-owned businesses or | 21 | | businesses owned by a person with a disability and 5% of the | 22 | | annual dollar value the contracts to women-owned businesses. | 23 | | For purposes of this subsection, the term "games" has the | 24 | | meaning set forth in the Olympic Games and Paralympic Games | 25 | | (2016) Law. | 26 | | (d) Within one year after April 28, 2009 (the effective |
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| 1 | | date of Public Act 96-8), the Department of Central Management | 2 | | Services shall conduct a social scientific study that measures | 3 | | the impact of discrimination on minority and women business | 4 | | development in Illinois. Within 18 months after April 28, 2009 | 5 | | (the effective date of Public Act 96-8), the Department shall | 6 | | issue a report of its findings and any recommendations on | 7 | | whether to adjust the goals for minority and women | 8 | | participation established in this Act. Copies of this report | 9 | | and the social scientific study shall be filed with the | 10 | | Governor and the General Assembly. By December 1, 2022, the | 11 | | Department of Central Management Services Business Enterprise | 12 | | Program shall develop a model for social scientific disparity | 13 | | study sourcing for local governmental units to adapt and | 14 | | implement to address regional disparities in public | 15 | | procurement. | 16 | | (e) Except as permitted under this Act or as otherwise | 17 | | mandated by federal law or regulation, those who submit bids or | 18 | | proposals for State contracts subject to the provisions of this | 19 | | Act, whose bids or proposals are successful and include a | 20 | | utilization plan but that fail to meet the goals set forth in | 21 | | subsection (b) of this Section, shall be notified of that | 22 | | deficiency and shall be afforded a period not to exceed 10 | 23 | | calendar days from the date of notification to cure that | 24 | | deficiency in the bid or proposal. The deficiency in the bid or | 25 | | proposal may only be cured by contracting with additional | 26 | | subcontractors who are owned by minorities or women, but in no |
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| 1 | | case shall an identified subcontractor with a certification | 2 | | made pursuant to this Act be terminated from the contract | 3 | | without the written consent of the State agency or public | 4 | | institution of higher education entering into the contract. | 5 | | (f) Non-construction solicitations that include Business | 6 | | Enterprise Program participation goals shall require bidders | 7 | | and offerors to include utilization plans. Utilization plans | 8 | | are due at the time of bid or offer submission. Failure to | 9 | | complete and include a utilization plan, including | 10 | | documentation demonstrating good faith effort when requesting | 11 | | a waiver, shall render the bid or offer non-responsive. | 12 | | (Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16; | 13 | | 100-391, eff. 8-25-17.) | 14 | | (Text of Section after amendment by P.A. 101-170 )
| 15 | | (Section scheduled to be repealed on June 30, 2024)
| 16 | | Sec. 4. Award of State contracts.
| 17 | | (a) Except as provided in subsection subsections (b) and | 18 | | (c) , not less than 20% of
the total dollar amount of State | 19 | | contracts, as defined by the Secretary of
the Council and | 20 | | approved by the Council, shall be established as an | 21 | | aspirational goal to
be awarded to businesses owned by | 22 | | minorities,
women, and persons with disabilities; provided, | 23 | | however, that
of the total amount of all
State contracts | 24 | | awarded to businesses owned by
minorities, women, and persons | 25 | | with disabilities pursuant to
this Section, contracts |
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| 1 | | representing at least 11% shall be awarded to businesses owned | 2 | | by minorities, contracts representing at least 7% shall be | 3 | | awarded to women-owned businesses, and contracts representing | 4 | | at least 2% shall be awarded to businesses owned by persons | 5 | | with disabilities.
| 6 | | The above percentage relates to the total dollar amount of | 7 | | State
contracts during each State fiscal year, calculated by | 8 | | examining
independently each type of contract for each agency | 9 | | or public institutions of higher education which
lets such | 10 | | contracts. Only that percentage of arrangements which | 11 | | represents the participation of businesses owned by
| 12 | | minorities, women, and persons with disabilities on such | 13 | | contracts shall
be included. State contracts subject to the | 14 | | requirements of this Act shall include the requirement that | 15 | | only expenditures to businesses owned by minorities, women, and | 16 | | persons with disabilities that perform a commercially useful | 17 | | function may be counted toward the goals set forth by this Act. | 18 | | Contracts shall include a definition of "commercially useful | 19 | | function" that is consistent with 49 CFR 26.55(c).
| 20 | | (b) Not less
than 20% of the total dollar amount of State | 21 | | construction contracts is
established as an aspirational goal | 22 | | to be awarded to businesses owned by minorities, women, and | 23 | | persons with disabilities; provided that, contracts | 24 | | representing at least 11% of the total dollar amount of State | 25 | | construction contracts shall be awarded to businesses owned by | 26 | | minorities; contracts representing at least 7% of the total |
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| 1 | | dollar amount of State construction contracts shall be awarded | 2 | | to women-owned businesses; and contracts representing at least | 3 | | 2% of the total dollar amount of State construction contracts | 4 | | shall be awarded to businesses owned by persons with | 5 | | disabilities.
| 6 | | (c) (Blank). | 7 | | (d) Within one year after April 28, 2009 (the effective | 8 | | date of Public Act 96-8), the Department of Central Management | 9 | | Services shall conduct a social scientific study that measures | 10 | | the impact of discrimination on minority and women business | 11 | | development in Illinois. Within 18 months after April 28, 2009 | 12 | | (the effective date of Public Act 96-8), the Department shall | 13 | | issue a report of its findings and any recommendations on | 14 | | whether to adjust the goals for minority and women | 15 | | participation established in this Act. Copies of this report | 16 | | and the social scientific study shall be filed with the | 17 | | Governor and the General Assembly. | 18 | | By December 1, 2020, the Department of Central Management | 19 | | Services shall conduct a new social scientific study that | 20 | | measures the impact of discrimination on minority and women | 21 | | business development in Illinois. By June 1, 2022, the | 22 | | Department shall issue a report of its findings and any | 23 | | recommendations on whether to adjust the goals for minority and | 24 | | women participation established in this Act. Copies of this | 25 | | report and the social scientific study shall be filed with the | 26 | | Governor, the Advisory Board, and the General Assembly. By |
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| 1 | | December 1, 2022, the Department of Central Management Services | 2 | | Business Enterprise Program shall develop a model for social | 3 | | scientific disparity study sourcing for local governmental | 4 | | units to adapt and implement to address regional disparities in | 5 | | public procurement. | 6 | | (e) Except as permitted under this Act or as otherwise | 7 | | mandated by federal law or regulation, those who submit bids or | 8 | | proposals for State contracts subject to the provisions of this | 9 | | Act, whose bids or proposals are successful and include a | 10 | | utilization plan but that fail to meet the goals set forth in | 11 | | subsection (b) of this Section, shall be notified of that | 12 | | deficiency and shall be afforded a period not to exceed 10 | 13 | | calendar days from the date of notification to cure that | 14 | | deficiency in the bid or proposal. The deficiency in the bid or | 15 | | proposal may only be cured by contracting with additional | 16 | | subcontractors who are owned by minorities or women. Any | 17 | | increase in cost to
a contract for the addition of a | 18 | | subcontractor to cure a bid's deficiency shall not affect the | 19 | | bid price,
shall not be used in the request for an exemption in | 20 | | this Act, and in no case shall an identified subcontractor with | 21 | | a certification made pursuant to this Act be terminated from | 22 | | the contract without the written consent of the State agency or | 23 | | public institution of higher education entering into the | 24 | | contract. | 25 | | (f) Non-construction solicitations that include Business | 26 | | Enterprise Program participation goals shall require bidders |
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| 1 | | and offerors to include utilization plans. Utilization plans | 2 | | are due at the time of bid or offer submission. Failure to | 3 | | complete and include a utilization plan, including | 4 | | documentation demonstrating good faith effort when requesting | 5 | | a waiver, shall render the bid or offer non-responsive. | 6 | | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20.)
| 7 | | (30 ILCS 575/5) (from Ch. 127, par. 132.605)
| 8 | | (Section scheduled to be repealed on June 30, 2024)
| 9 | | Sec. 5. Business Enterprise Council.
| 10 | | (1) To help implement, monitor and enforce the goals of | 11 | | this Act, there
is created the Business Enterprise Council for
| 12 | | Minorities, Women, and Persons with Disabilities, hereinafter
| 13 | | referred to as the Council, composed of the Secretary of Human | 14 | | Services and
the Directors of the Department of
Human Rights, | 15 | | the Department of Commerce and Economic Opportunity, the
| 16 | | Department of Central Management Services, the Department of | 17 | | Transportation and
the
Capital Development Board, or their duly | 18 | | appointed representatives, with the Comptroller, or his or her | 19 | | designee, serving as an advisory member of the Council. Ten
| 20 | | individuals representing businesses that are minority-owned or | 21 | | women-owned or
owned by persons with disabilities, 2 | 22 | | individuals representing the business
community, and a | 23 | | representative of public institutions of higher education | 24 | | shall be appointed by the Governor. These members shall serve 2
| 25 | | year terms and shall be eligible for reappointment. Any vacancy |
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| 1 | | occurring on
the Council shall also be filled by the Governor. | 2 | | Any member appointed to fill
a vacancy occurring prior to the | 3 | | expiration of the term for which his
predecessor was appointed | 4 | | shall be appointed for the remainder of such term.
Members of | 5 | | the Council shall serve without compensation but shall be | 6 | | reimbursed
for any ordinary and necessary expenses incurred in | 7 | | the performance of their
duties.
| 8 | | The Director of the Department of Central Management | 9 | | Services shall serve
as the Council chairperson and shall | 10 | | select, subject to approval of the
council, a Secretary | 11 | | responsible for the operation of the program who shall
serve as | 12 | | the Division Manager of the Business
Enterprise for Minorities, | 13 | | Women, and Persons with Disabilities Division
of the Department | 14 | | of Central Management Services.
| 15 | | The Director of each State agency and the chief executive | 16 | | officer of
each public institutions of higher education shall | 17 | | appoint a liaison to the Council. The liaison
shall be | 18 | | responsible for submitting to the Council any reports and
| 19 | | documents necessary under this Act.
| 20 | | (2) The Council's authority and responsibility shall be to:
| 21 | | (a) Devise a certification procedure to assure that | 22 | | businesses taking
advantage of this Act are legitimately | 23 | | classified as businesses owned by minorities, women, or | 24 | | persons with
disabilities and a registration procedure to | 25 | | recognize, without additional evidence of Business | 26 | | Enterprise Program eligibility, the certification of |
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| 1 | | businesses owned by minorities, women, or persons with | 2 | | disabilities certified by the City of Chicago, Cook County, | 3 | | or other jurisdictional programs with requirements and | 4 | | procedures equaling or exceeding those in this Act .
| 5 | | (b) Maintain a list of all
businesses legitimately | 6 | | classified as businesses owned by minorities, women, or | 7 | | persons with disabilities to provide to State agencies and | 8 | | public institutions of higher education.
| 9 | | (c) Review rules and regulations for the | 10 | | implementation of the program for businesses owned by | 11 | | minorities, women,
and persons with disabilities.
| 12 | | (d) Review compliance plans submitted by each State | 13 | | agency and public institutions of higher education
| 14 | | 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, women, and persons with disabilities may bid.
| 22 | | At the Council's discretion, maintenance of the list may | 23 | | include 24-hour
electronic access to the list along with | 24 | | 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 | 3 | | required of a business owned by a minority, woman, or person
| 4 | | with a disability bidding for a State contract shall be
higher | 5 | | than the lowest rate charged by that surety company for a | 6 | | similar
bond in the same classification of work that would be | 7 | | written for a business not owned by a minority, woman, or | 8 | | person with a disability.
| 9 | | (4) Any Council member who has direct financial or personal | 10 | | interest in
any measure pending before the Council shall | 11 | | disclose this fact to the
Council and refrain from | 12 | | participating in the determination upon such measure.
| 13 | | (5) The Secretary shall have the following duties and | 14 | | responsibilities:
| 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, women,
and | 19 | | persons with disabilities and as the information and | 20 | | referral center
for all State initiatives for businesses
| 21 | | owned by minorities, women, and persons with disabilities.
| 22 | | (c) To establish an enforcement procedure whereby the | 23 | | Council may
recommend to the appropriate State legal | 24 | | officer that the State exercise
its legal remedies which | 25 | | shall include (1) termination of the contract
involved, (2) | 26 | | prohibition of participation by the respondent in public
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| 1 | | contracts for a period not to exceed 3 years, (3) | 2 | | imposition of a penalty
not to exceed any profit acquired | 3 | | as a result of violation, or (4) any
combination thereof. | 4 | | Such procedures shall require prior approval by Council. | 5 | | All funds collected as penalties under this subsection | 6 | | shall be used exclusively for maintenance and further | 7 | | development of the Business Enterprise Program and | 8 | | encouragement of participation in State procurement by | 9 | | minorities, women, and persons with disabilities.
| 10 | | (d) To devise appropriate policies, regulations and | 11 | | procedures for
including participation by businesses owned
| 12 | | by minorities, women, and persons with disabilities as | 13 | | prime contractors
including, but not limited to, (i) | 14 | | encouraging the inclusions of qualified businesses owned | 15 | | by minorities, women, and
persons with disabilities on | 16 | | solicitation lists, (ii)
investigating the potential of | 17 | | blanket bonding programs for small
construction jobs, | 18 | | (iii) investigating and making recommendations
concerning | 19 | | the use of the sheltered market process.
| 20 | | (e) To devise procedures for the waiver of the | 21 | | participation goals in
appropriate circumstances.
| 22 | | (f) To accept donations and, with the approval of the | 23 | | Council or the
Director of Central Management Services, | 24 | | grants related to the purposes of
this Act; to conduct | 25 | | seminars related to the purpose of this Act and to
charge | 26 | | reasonable registration fees; and to sell directories, |
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| 1 | | vendor lists
and other such information to interested | 2 | | parties, except that forms
necessary to become eligible for | 3 | | the program shall be provided free of
charge to a business | 4 | | or individual applying for the program.
| 5 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17; | 6 | | 100-801, eff. 8-10-18 .)
| 7 | | (30 ILCS 575/7) (from Ch. 127, par. 132.607) | 8 | | (Section scheduled to be repealed on June 30, 2024) | 9 | | Sec. 7. Exemptions; waivers; publication of data. | 10 | | (1) Individual contract exemptions.
The Council, at the | 11 | | written request of the affected agency,
public institution of | 12 | | higher education, or recipient of a grant or loan of State | 13 | | funds of $250,000 or more complying with Section 45 of the | 14 | | State Finance Act, may permit an individual contract or | 15 | | contract package,
(related contracts being bid or awarded | 16 | | simultaneously for the same project
or improvements) be made | 17 | | wholly or partially exempt from State contracting
goals for | 18 | | businesses owned by
minorities, women, and persons with | 19 | | disabilities prior to the advertisement
for bids or | 20 | | solicitation of proposals whenever there has been a
| 21 | | determination, reduced to writing and based on the best | 22 | | information
available at the time of the determination, that | 23 | | there is an insufficient
number of businesses owned by | 24 | | minorities, women, and persons with disabilities to ensure | 25 | | adequate
competition and an expectation of reasonable prices on |
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| 1 | | bids or proposals
solicited for the individual contract or | 2 | | contract package in question. The Council may charge a | 3 | | reasonable fee for written
request of individual contract | 4 | | exemptions. Any such exemptions shall be given by
the Council | 5 | | to the Bureau on Apprenticeship Programs. | 6 | | (a) Written request for contract exemption. A written | 7 | | request for an individual contract exemption exception | 8 | | must include, but is not limited to, the following: | 9 | | (i) a list of eligible qualified businesses owned | 10 | | by minorities, women, and persons with disabilities | 11 | | that would qualify for the purpose of the contract ; | 12 | | (ii) a clear demonstration each business's | 13 | | deficiency that the number of eligible businesses | 14 | | identified in subparagraph (i) above is insufficient | 15 | | to ensure would impair adequate competition or | 16 | | qualification ; | 17 | | (iii) the difference in cost between the contract | 18 | | proposals being offered by businesses owned by | 19 | | minorities, women, and persons with disabilities and | 20 | | the agency or the public institution of higher | 21 | | education's expectations of reasonable prices on bids | 22 | | or proposals within that class; and | 23 | | (iv) a list of eligible qualified businesses owned | 24 | | by minorities, women, and persons with
disabilities | 25 | | that the contractor has used in the current and prior | 26 | | most recent fiscal years year . |
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| 1 | | (b) Determination. The Council's determination | 2 | | concerning an individual contract exemption must consider, | 3 | | at a minimum, include the following: | 4 | | (i) the justification for the requested exemption, | 5 | | including whether diligent efforts were undertaken to | 6 | | identify and solicit eligible businesses owned by | 7 | | minorities, women, and persons with disabilities each | 8 | | business's disqualification ; | 9 | | (ii) the total number of exemptions granted to | 10 | | waivers of the affected agency, public institution of | 11 | | higher education, or recipient of a grant or loan of | 12 | | State funds of $250,000 or more complying with Section | 13 | | 45 of the State Finance Act that have been granted by | 14 | | the Council in the current and prior for that fiscal | 15 | | years year ; and | 16 | | (iii) the percentage of affected agency or public | 17 | | institution of higher education's most current | 18 | | percentages in contracts awarded by the agency or | 19 | | public institution of higher education to eligible | 20 | | businesses owned by minorities, women, and persons | 21 | | with disabilities in the current and prior for that | 22 | | fiscal years year . | 23 | | (2) Class exemptions. | 24 | | (a) Creation. The Council, at the written request of | 25 | | the affected agency or public institution of higher | 26 | | education, may permit an entire
class of
contracts be made |
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| 1 | | exempt from State
contracting goals for businesses owned by | 2 | | minorities, women, and persons
with disabilities whenever | 3 | | there has been a determination, reduced to
writing and | 4 | | based on the best information available at the time of the
| 5 | | determination, that there is an insufficient number of | 6 | | qualified businesses owned by minorities, women, and | 7 | | persons with
disabilities to ensure adequate competition | 8 | | and an
expectation of reasonable prices on bids or | 9 | | proposals within that class. Any such exemption shall be | 10 | | given by
the Council to the Bureau on Apprenticeship | 11 | | Programs. | 12 | | (a-1) Written request for class exemption. A written | 13 | | request for a class exemption exception must include, but | 14 | | is not limited to, the following: | 15 | | (i) a list of eligible qualified businesses owned | 16 | | by minorities, women, and persons with disabilities | 17 | | that pertain to the class of contracts in the requested | 18 | | waiver ; | 19 | | (ii) a clear demonstration each business's | 20 | | deficiency that the number of eligible businesses | 21 | | identified in subparagraph (i) above is insufficient | 22 | | to ensure would impair adequate competition or | 23 | | qualification ; | 24 | | (iii) the difference in cost between the contract | 25 | | proposals being offered by eligible businesses owned | 26 | | by minorities, women, and persons with disabilities |
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| 1 | | and the agency or the public institution of higher | 2 | | education's expectations of reasonable prices on bids | 3 | | or proposals within that class; and | 4 | | (iv) the number of class exemptions the affected | 5 | | agency or public institution
of higher education has | 6 | | requested in the current and prior for that fiscal | 7 | | years year . | 8 | | (a-2) Determination. The Council's determination | 9 | | concerning class exemptions must consider, at a minimum, | 10 | | include the following: | 11 | | (i) the justification for the requested exemption, | 12 | | including whether diligent efforts were undertaken to | 13 | | identify and solicit eligible businesses owned by | 14 | | minorities, women, and persons with disabilities each | 15 | | business's disqualification ; | 16 | | (ii) the total number of class exemptions granted | 17 | | to waivers of the requesting agency or public | 18 | | institution of higher education that have been granted | 19 | | by the Council in the current and prior for that fiscal | 20 | | years year ; and | 21 | | (iii) the percentage of agency or public | 22 | | institution of higher education's most current | 23 | | percentages in contracts awarded by the agency or | 24 | | public institution of higher education to eligible | 25 | | businesses owned by minorities, women, and persons | 26 | | with disabilities the current and prior for that fiscal |
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| 1 | | years year . | 2 | | (b) Limitation. Any such class exemption shall not be | 3 | | permitted for a
period of more than one year at a time. | 4 | | (3) Waivers. Where a particular contract requires a | 5 | | contractor to meet
a goal established pursuant to this Act, the | 6 | | contractor shall have the right
to request a waiver from such | 7 | | requirements. The Council shall grant the
waiver where the | 8 | | contractor demonstrates that there has been made a good
faith | 9 | | effort to comply with the goals for
participation by businesses | 10 | | owned by minorities, women, and persons with
disabilities. Any | 11 | | such waiver shall also be
transmitted in writing to the Bureau | 12 | | on Apprenticeship Programs. | 13 | | (a) Request for waiver. A contractor's request for a | 14 | | waiver under this subsection (3) must include, but is not | 15 | | limited to, the following , if available : | 16 | | (i) a list of eligible qualified businesses owned | 17 | | by minorities, women, and persons with disabilities | 18 | | that pertain to the class of contracts in the requested | 19 | | waiver; | 20 | | (ii) a clear demonstration each business's | 21 | | deficiency that the number of eligible businesses | 22 | | identified in subparagraph (i) above is insufficient | 23 | | to ensure would impair adequate competition or | 24 | | qualification ; | 25 | | (iii) the difference in cost between the contract | 26 | | proposals being offered by businesses owned by |
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| 1 | | minorities, women, and persons with disabilities and | 2 | | the agency or the public institution of higher | 3 | | education's expectations of reasonable prices on bids | 4 | | or proposals within that class ; and . | 5 | | (iv) a list of businesses owned by minorities, | 6 | | women, and persons with disabilities that the | 7 | | contractor has used in the current and prior fiscal | 8 | | years. | 9 | | (b) Determination. The Council's determination | 10 | | concerning waivers must include following: | 11 | | (i) the justification for the requested waiver, | 12 | | including whether the requesting contractor made a | 13 | | good faith effort to identify and solicit eligible | 14 | | businesses owned by minorities, women, and persons | 15 | | with disabilities each business's disqualification ; | 16 | | (ii) the total number of waivers the contractor has | 17 | | been granted by the Council in the current and prior | 18 | | for that fiscal years year ; | 19 | | (iii) the percentage of affected agency or public | 20 | | institution of higher education's most current | 21 | | percentages in contracts awarded by the agency or | 22 | | public institution of higher education to eligible | 23 | | businesses owned by minorities, women, and persons | 24 | | with disabilities in the current and prior for that | 25 | | fiscal years year ; and | 26 | | (iv) the contractor's use of a list of qualified |
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| 1 | | businesses owned by minorities, women, and persons | 2 | | with disabilities that the contractor has used in the | 3 | | current and prior most recent fiscal years year . | 4 | | (3.5) (Blank). Fees. The Council may charge a fee for a | 5 | | written request on individual
contract exemptions. The Council | 6 | | shall not charge for a first request. For a
second request, the | 7 | | Council shall charge no more than $1,000. For a fifth
request | 8 | | or higher from a contractor, the Council shall charge no more | 9 | | than
$5,000 per request. The Department shall collect the fees | 10 | | under this Section.
Any fee collected under this Section shall | 11 | | be used by the Bureau on
Apprenticeship Programs to increase | 12 | | minority participation in apprenticeship
programs in the | 13 | | State. | 14 | | (4) Conflict with other laws. In the event that any State | 15 | | contract, which
otherwise would be subject to the provisions of | 16 | | this Act, is or becomes
subject to federal laws or regulations | 17 | | which conflict with the provisions
of this Act or actions of | 18 | | the State taken pursuant hereto, the provisions
of the federal | 19 | | laws or regulations shall apply and the contract shall be
| 20 | | interpreted and enforced accordingly. | 21 | | (5) Each chief procurement officer, as defined in the | 22 | | Illinois Procurement Code, shall maintain on his or her | 23 | | official Internet website a database of the following: (i) | 24 | | waivers granted under this Section with respect to contracts | 25 | | under his or her jurisdiction; (ii) a State agency or public | 26 | | institution of higher education's written request for an |
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| 1 | | exemption of an individual contract or an entire class of | 2 | | contracts; and (iii) the Council's written determination | 3 | | granting or denying a request for an exemption of an individual | 4 | | contract or an entire class of contracts. The database, which | 5 | | shall be updated periodically as necessary, shall be searchable | 6 | | by contractor name and by contracting State agency. | 7 | | (6) Each chief procurement officer, as defined by the | 8 | | Illinois Procurement Code, shall maintain on its website a list | 9 | | of all firms that have been prohibited from bidding, offering, | 10 | | or entering into a contract with the State of Illinois as a | 11 | | result of violations of this Act. | 12 | | Each public notice required by law of the award of a State | 13 | | contract shall include for each bid or offer submitted for that | 14 | | contract the following: (i) the bidder's or offeror's name, | 15 | | (ii) the bid amount, (iii) the name or names of the certified | 16 | | firms identified in the bidder's or offeror's submitted | 17 | | utilization plan, and (iv) the bid's amount and percentage of | 18 | | the contract awarded to businesses owned by minorities, women, | 19 | | and persons with disabilities identified in the utilization | 20 | | plan. | 21 | | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; | 22 | | revised 9-20-19.) | 23 | | Section 2-15. The Criminal Code of 2012 is amended by | 24 | | changing Section 17-10.3 as follows: |
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| 1 | | (720 ILCS 5/17-10.3) | 2 | | (Text of Section before amendment by P.A. 101-170 ) | 3 | | Sec. 17-10.3. Deception relating to certification of | 4 | | disadvantaged business enterprises. | 5 | | (a) Fraudulently obtaining or retaining certification. A | 6 | | person
who, in the course of business, fraudulently obtains or | 7 | | retains
certification as a minority-owned business, | 8 | | women-owned business, service-disabled veteran-owned small | 9 | | business, or veteran-owned small business commits
a Class 2 | 10 | | felony. | 11 | | (b) Willfully making a false statement. A person who, in | 12 | | the
course of business, willfully makes a false statement | 13 | | whether by affidavit,
report or other representation, to an | 14 | | official or employee of a State
agency or the Business | 15 | | Enterprise Council for Minorities, Women, and Persons with | 16 | | Disabilities for the
purpose of influencing the certification | 17 | | or denial of certification of any
business entity as a | 18 | | minority-owned business, women-owned business, | 19 | | service-disabled veteran-owned small business, or | 20 | | veteran-owned small business
commits a Class 2 felony. | 21 | | (c) Willfully obstructing or impeding an official or | 22 | | employee of
any agency in his or her investigation.
Any person | 23 | | who, in the course of business, willfully obstructs or impedes
| 24 | | an official or employee of any State agency or the
Business | 25 | | Enterprise Council for Minorities, Women, and Persons with | 26 | | Disabilities
who is investigating the qualifications of a |
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| 1 | | business
entity which has requested certification as a | 2 | | minority-owned business, women-owned
business, | 3 | | service-disabled veteran-owned small business, or | 4 | | veteran-owned small business commits a Class 2 felony. | 5 | | (d) Fraudulently obtaining public moneys reserved for
| 6 | | disadvantaged business enterprises. Any person who, in the | 7 | | course of
business, fraudulently obtains public moneys | 8 | | reserved for, or allocated or
available to, minority-owned | 9 | | businesses, women-owned businesses, service-disabled | 10 | | veteran-owned small businesses, or veteran-owned small | 11 | | businesses commits a
Class 2 felony. | 12 | | (e) Definitions. As used in this Article, "minority-owned
| 13 | | business", "women-owned business", "State agency" with respect | 14 | | to minority-owned businesses and women-owned businesses, and | 15 | | "certification" with respect to minority-owned businesses and | 16 | | women-owned businesses shall
have the meanings ascribed to them | 17 | | in Section 2 of the Business Enterprise for
Minorities, Women, | 18 | | and
Persons with Disabilities Act. As used in this Article, | 19 | | "service-disabled veteran-owned small business", | 20 | | "veteran-owned small business", "State agency" with respect to | 21 | | service-disabled veteran-owned small businesses and | 22 | | veteran-owned small businesses, and "certification" with | 23 | | respect to service-disabled veteran-owned small businesses and | 24 | | veteran-owned small businesses have the same meanings as in | 25 | | Section 45-57 of the Illinois Procurement Code.
| 26 | | (Source: P.A. 100-391, eff. 8-25-17.) |
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| 1 | | (Text of Section after amendment by P.A. 101-170 ) | 2 | | Sec. 17-10.3. Deception relating to certification of | 3 | | disadvantaged business enterprises. | 4 | | (a) Fraudulently obtaining or retaining certification. A | 5 | | person
who, in the course of business, fraudulently obtains or | 6 | | retains
certification as a minority-owned business, | 7 | | women-owned business, service-disabled veteran-owned small | 8 | | business, or veteran-owned small business commits
a Class 2 1 | 9 | | felony. | 10 | | (b) Willfully making a false statement. A person who, in | 11 | | the
course of business, willfully makes a false statement | 12 | | whether by affidavit,
report or other representation, to an | 13 | | official or employee of a State
agency or the Business | 14 | | Enterprise Council for Minorities, Women, and Persons with | 15 | | Disabilities for the
purpose of influencing the certification | 16 | | or denial of certification of any
business entity as a | 17 | | minority-owned business, women-owned business, | 18 | | service-disabled veteran-owned small business, or | 19 | | veteran-owned small business
commits a Class 2 1 felony. | 20 | | (c) Willfully obstructing or impeding an official or | 21 | | employee of
any agency in his or her investigation.
Any person | 22 | | who, in the course of business, willfully obstructs or impedes
| 23 | | an official or employee of any State agency or the
Business | 24 | | Enterprise Council for Minorities, Women, and Persons with | 25 | | Disabilities
who is investigating the qualifications of a |
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| 1 | | business
entity which has requested certification as a | 2 | | minority-owned business, women-owned
business, | 3 | | service-disabled veteran-owned small business, or | 4 | | veteran-owned small business commits a Class 2 1 felony. | 5 | | (d) Fraudulently obtaining public moneys reserved for
| 6 | | disadvantaged business enterprises. Any person who, in the | 7 | | course of
business, fraudulently obtains public moneys | 8 | | reserved for, or allocated or
available to, minority-owned | 9 | | businesses, women-owned businesses, service-disabled | 10 | | veteran-owned small businesses, or veteran-owned small | 11 | | businesses commits a
Class 2 1 felony. | 12 | | (e) Definitions. As used in this Article, "minority-owned
| 13 | | business", "women-owned business", "State agency" with respect | 14 | | to minority-owned businesses and women-owned businesses, and | 15 | | "certification" with respect to minority-owned businesses and | 16 | | women-owned businesses shall
have the meanings ascribed to them | 17 | | in Section 2 of the Business Enterprise for
Minorities, Women, | 18 | | and
Persons with Disabilities Act. As used in this Article, | 19 | | "service-disabled veteran-owned small business", | 20 | | "veteran-owned small business", "State agency" with respect to | 21 | | service-disabled veteran-owned small businesses and | 22 | | veteran-owned small businesses, and "certification" with | 23 | | respect to service-disabled veteran-owned small businesses and | 24 | | veteran-owned small businesses have the same meanings as in | 25 | | Section 45-57 of the Illinois Procurement Code.
| 26 | | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20.)
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| 1 | | Article 99 | 2 | | Section 99-95. No acceleration or delay. Where this Act | 3 | | makes changes in a statute that is represented in this Act by | 4 | | text that is not yet or no longer in effect (for example, a | 5 | | Section represented by multiple versions), the use of that text | 6 | | does not accelerate or delay the taking effect of (i) the | 7 | | changes made by this Act or (ii) provisions derived from any | 8 | | other Public Act. | 9 | | Section 99-99. Effective date. This Act takes effect upon | 10 | | becoming law, except that Article 2 takes effect January 1, | 11 | | 2020. |
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