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| Public Act 099-0514 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Business Enterprise for Minorities, | ||||
Females, and Persons with
Disabilities Act is amended by | ||||
changing Sections 4 and 9 as follows:
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(30 ILCS 575/4) (from Ch. 127, par. 132.604)
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(Section scheduled to be repealed on June 30, 2016)
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Sec. 4. Award of State contracts.
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(a) Except as provided in subsections (b) and (c), not less | ||||
than 20% of
the total dollar amount of State contracts, as | ||||
defined by the Secretary of
the Council and approved by the | ||||
Council, shall be established as an aspirational goal to
be | ||||
awarded to businesses owned by minorities,
females, and persons | ||||
with disabilities; provided, however, that
of the total amount | ||||
of all
State contracts awarded to businesses owned by
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minorities, females, and persons with disabilities pursuant to
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this Section, contracts representing at least 11% shall be | ||||
awarded to businesses owned by minorities, contracts | ||||
representing at least 7% shall be awarded to female-owned | ||||
businesses, and contracts representing at least 2% shall be | ||||
awarded to businesses owned by persons with disabilities.
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The above percentage relates to the total dollar amount of | ||||
State
contracts during each State fiscal year, calculated by | ||
examining
independently each type of contract for each agency | ||
or public institutions of higher education which
lets such | ||
contracts. Only that percentage of arrangements which | ||
represents the participation of businesses owned by
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minorities, females, and persons with disabilities on such | ||
contracts shall
be included.
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(b) In the case of State construction contracts, the | ||
provisions of
subsection (a) requiring a portion of State | ||
contracts to be awarded to
businesses owned and controlled by | ||
persons with
disabilities do not apply. The following | ||
aspirational goals are established for State construction | ||
contracts: not less
than 20% of the total dollar amount of | ||
State construction contracts is
established as a goal to be | ||
awarded to minority and female owned
businesses, and contracts | ||
representing 50% of the amount of all State
construction | ||
contracts awarded to minority and female owned businesses
shall | ||
be awarded to female owned businesses.
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(c) In the case of all work undertaken by the University of | ||
Illinois related to the planning, organization, and staging of | ||
the games, the University of Illinois shall establish a goal of | ||
awarding not less than 25% of the annual dollar value of all | ||
contracts, purchase orders, and other agreements (collectively | ||
referred to as "the contracts") to minority-owned businesses or | ||
businesses owned by a person with a disability and 5% of the | ||
annual dollar value the contracts to female-owned businesses. | ||
For purposes of this subsection, the term "games" has the | ||
meaning set forth in the Olympic Games and Paralympic Games | ||
(2016) Law. | ||
(d) Within one year after April 28, 2009 (the effective | ||
date of Public Act 96-8), the Department of Central Management | ||
Services shall conduct a social scientific study that measures | ||
the impact of discrimination on minority and female business | ||
development in Illinois. Within 18 months after April 28, 2009 | ||
(the effective date of Public Act 96-8), the Department shall | ||
issue a report of its findings and any recommendations on | ||
whether to adjust the goals for minority and female | ||
participation established in this Act. Copies of this report | ||
and the social scientific study shall be filed with the | ||
Governor and the General Assembly. | ||
(e) Except as permitted under this Act or Notwithstanding | ||
any provision of law to the contrary and except as otherwise | ||
mandated by federal law or regulation, those who submit bids or | ||
proposals for State construction contracts subject to the | ||
provisions of this Act, whose bids or proposals are successful | ||
but that fail to meet the goals set forth in subsection (b) of | ||
this Section, shall be notified of that deficiency and shall be | ||
afforded a period not to exceed 10 days to cure that deficiency | ||
in the bid or proposal. The deficiency in the bid or proposal | ||
may only be cured by contracting with additional subcontractors | ||
who are owned by minorities or females, but in no case shall an | ||
identified subcontractor with a certification made pursuant to | ||
this Act be terminated from the contract without the written | ||
consent of the State agency or public institution of higher | ||
education entering into the contract. | ||
(Source: P.A. 99-462, eff. 8-25-15.)
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(30 ILCS 575/9) (from Ch. 127, par. 132.609)
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(Section scheduled to be repealed on June 30, 2016)
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Sec. 9. This Act is repealed June 30, 2020 2016. | ||
(Source: P.A. 96-949, eff. 6-25-10; 96-1444, eff. 8-20-10; | ||
97-712, eff. 6-27-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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