Rep. Emanuel Chris Welch

Filed: 5/27/2019

 

 


 

 


 
10100SB0534ham001LRB101 04295 HLH 61246 a

1
AMENDMENT TO SENATE BILL 534

2    AMENDMENT NO. ______. Amend Senate Bill 534 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Labor Law of the Civil
5Administrative Code of Illinois is amended by adding Section
61505-215 as follows:
 
7    (20 ILCS 1505/1505-215 new)
8    Sec. 1505-215. Bureau on Apprenticeship Programs; Advisory
9Board.
10    (a) There is created within the Department of Labor a
11Bureau on Apprenticeship Programs. This Bureau shall work to
12increase minority participation in active apprentice programs
13in Illinois that are approved by the United States Department
14of Labor. The Bureau shall identify barriers to minorities
15gaining access to construction careers and make
16recommendations to the Governor and the General Assembly for

 

 

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1policies to remove those barriers. The Department may hire
2staff to perform outreach in promoting diversity in active
3apprenticeship programs approved by the United States
4Department of Labor. The Bureau shall annually compile racial
5and gender workforce diversity information from contractors
6receiving State or other public funds and by labor unions with
7members working on projects receiving State or other public
8funds.
9    (b) There is created the Advisory Board for Diversity in
10Active Apprenticeship Programs Approved by the United States
11Department of Labor. This Advisory Board shall be composed of
1212 legislators; 3 members appointed by the President of the
13Senate, 3 members appointed by the Speaker of the House of
14Representatives, 3 members appointed by the Minority Leader of
15the Senate, and 3 members appointed by the Minority Leader of
16the House of Representatives. The President of the Senate and
17the Speaker of the House of Representatives shall each appoint
18a co-chairperson. Members of the Advisory Board shall receive
19no compensation for serving as members of the Advisory Board.
20The Advisory Board shall meet quarterly. The Advisory Board may
21request necessary additional information from the Department,
22other State agencies, or public institutions of higher
23education for the purposes of performing its duties under this
24Section. The Advisory Board may advise the Department of
25programs to increase diversity in active apprenticeship
26programs. The Department shall provide administrative support

 

 

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1and staffing for the Advisory Board.
 
2    Section 10. The Business Enterprise for Minorities, Women,
3and Persons with Disabilities Act is amended by changing
4Sections 4, 4f, 7, and 9 as follows:
 
5    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
6    (Section scheduled to be repealed on June 30, 2020)
7    Sec. 4. Award of State contracts.
8    (a) Except as provided in subsections (b) and (c), not less
9than 20% of the total dollar amount of State contracts, as
10defined by the Secretary of the Council and approved by the
11Council, shall be established as an aspirational goal to be
12awarded to businesses owned by minorities, women, and persons
13with disabilities; provided, however, that of the total amount
14of all State contracts awarded to businesses owned by
15minorities, women, and persons with disabilities pursuant to
16this Section, contracts representing at least 11% shall be
17awarded to businesses owned by minorities, contracts
18representing at least 7% shall be awarded to women-owned
19businesses, and contracts representing at least 2% shall be
20awarded to businesses owned by persons with disabilities.
21    The above percentage relates to the total dollar amount of
22State contracts during each State fiscal year, calculated by
23examining independently each type of contract for each agency
24or public institutions of higher education which lets such

 

 

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1contracts. Only that percentage of arrangements which
2represents the participation of businesses owned by
3minorities, women, and persons with disabilities on such
4contracts shall be included.
5    (b) Not In the case of State construction contracts, the
6provisions of subsection (a) requiring a portion of State
7contracts to be awarded to businesses owned and controlled by
8persons with disabilities do not apply. The following
9aspirational goals are established for State construction
10contracts: not less than 20% of the total dollar amount of
11State construction contracts is established as an aspirational
12a goal to be awarded to businesses owned by minorities, women,
13and persons with disabilities; provided that, contracts
14representing at least 11% of the total dollar amount of State
15construction contracts shall be awarded to businesses owned by
16minorities; contracts representing at least 7% of the total
17dollar amount of State construction contracts shall be awarded
18to women-owned businesses; and contracts representing at least
192% of the total dollar amount of State construction contracts
20shall be awarded to businesses owned by persons with
21disabilities minority-owned and women-owned businesses.
22    (c) (Blank). In the case of all work undertaken by the
23University of Illinois related to the planning, organization,
24and staging of the games, the University of Illinois shall
25establish a goal of awarding not less than 25% of the annual
26dollar value of all contracts, purchase orders, and other

 

 

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1agreements (collectively referred to as "the contracts") to
2minority-owned businesses or businesses owned by a person with
3a disability and 5% of the annual dollar value the contracts to
4women-owned businesses. For purposes of this subsection, the
5term "games" has the meaning set forth in the Olympic Games and
6Paralympic Games (2016) Law.
7    (d) Within one year after April 28, 2009 (the effective
8date of Public Act 96-8), the Department of Central Management
9Services shall conduct a social scientific study that measures
10the impact of discrimination on minority and women business
11development in Illinois. Within 18 months after April 28, 2009
12(the effective date of Public Act 96-8), the Department shall
13issue a report of its findings and any recommendations on
14whether to adjust the goals for minority and women
15participation established in this Act. Copies of this report
16and the social scientific study shall be filed with the
17Governor and the General Assembly.
18    By December 1, 2020, the Department of Central Management
19Services shall conduct a new social scientific study that
20measures the impact of discrimination on minority and women
21business development in Illinois. By June 1, 2022, the
22Department shall issue a report of its findings and any
23recommendations on whether to adjust the goals for minority and
24women participation established in this Act. Copies of this
25report and the social scientific study shall be filed with the
26Governor, the Advisory Board, and the General Assembly.

 

 

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1    (e) Except as permitted under this Act or as otherwise
2mandated by federal law or regulation, those who submit bids or
3proposals for State contracts subject to the provisions of this
4Act, whose bids or proposals are successful and include a
5utilization plan but that fail to meet the goals set forth in
6subsection (b) of this Section, shall be notified of that
7deficiency and shall be afforded a period not to exceed 10
8calendar days from the date of notification to cure that
9deficiency in the bid or proposal. The deficiency in the bid or
10proposal may only be cured by contracting with additional
11subcontractors who are owned by minorities or women. Any
12increase in cost to a contract for the addition of a
13subcontractor to cure a bid's deficiency shall not be used in
14the request for an exemption in this Act, and , but in no case
15shall an identified subcontractor with a certification made
16pursuant to this Act be terminated from the contract without
17the written consent of the State agency or public institution
18of higher education entering into the contract.
19    (f) Non-construction solicitations that include Business
20Enterprise Program participation goals shall require bidders
21and offerors to include utilization plans. Utilization plans
22are due at the time of bid or offer submission. Failure to
23complete and include a utilization plan, including
24documentation demonstrating good faith effort when requesting
25a waiver, shall render the bid or offer non-responsive.
26(Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16;

 

 

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1100-391, eff. 8-25-17.)
 
2    (30 ILCS 575/4f)
3    (Section scheduled to be repealed on June 30, 2020)
4    Sec. 4f. Award of State contracts.
5    (1) It is hereby declared to be the public policy of the
6State of Illinois to promote and encourage each State agency
7and public institution of higher education to use businesses
8owned by minorities, women, and persons with disabilities in
9the area of goods and services, including, but not limited to,
10insurance services, investment management services,
11information technology services, accounting services,
12architectural and engineering services, and legal services.
13Furthermore, each State agency and public institution of higher
14education shall utilize such firms to the greatest extent
15feasible within the bounds of financial and fiduciary prudence,
16and take affirmative steps to remove any barriers to the full
17participation of such firms in the procurement and contracting
18opportunities afforded.
19        (a) When a State agency or public institution of higher
20    education, other than a community college, awards a
21    contract for insurance services, for each State agency or
22    public institution of higher education, it shall be the
23    aspirational goal to use insurance brokers owned by
24    minorities, women, and persons with disabilities as
25    defined by this Act, for not less than 20% of the total

 

 

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1    annual premiums or fees; provided that, contracts
2    representing at least 11% of the total annual premiums or
3    fees shall be awarded to businesses owned by minorities;
4    contracts representing at least 7% of the total annual
5    premiums or fees shall be awarded to women-owned
6    businesses; and contracts representing at least 2% of the
7    total annual premiums or fees shall be awarded to
8    businesses owned by persons with disabilities.
9        (b) When a State agency or public institution of higher
10    education, other than a community college, awards a
11    contract for investment services, for each State agency or
12    public institution of higher education, it shall be the
13    aspirational goal to use emerging investment managers
14    owned by minorities, women, and persons with disabilities
15    as defined by this Act, for not less than 20% of the total
16    funds under management; provided that, contracts
17    representing at least 11% of the total funds under
18    management shall be awarded to businesses owned by
19    minorities; contracts representing at least 7% of the total
20    funds under management shall be awarded to women-owned
21    businesses; and contracts representing at least 2% of the
22    total funds under management shall be awarded to businesses
23    owned by persons with disabilities. Furthermore, it is the
24    aspirational goal that not less than 20% of the direct
25    asset managers of the State funds be minorities, women, and
26    persons with disabilities.

 

 

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1        (c) When a State agency or public institution of higher
2    education, other than a community college, awards
3    contracts for information technology services, accounting
4    services, architectural and engineering services, and
5    legal services, for each State agency and public
6    institution of higher education, it shall be the
7    aspirational goal to use such firms owned by minorities,
8    women, and persons with disabilities as defined by this Act
9    and lawyers who are minorities, women, and persons with
10    disabilities as defined by this Act, for not less than 20%
11    of the total dollar amount of State contracts; provided
12    that, contracts representing at least 11% of the total
13    dollar amount of State contracts shall be awarded to
14    businesses owned by minorities or minority lawyers;
15    contracts representing at least 7% of the total dollar
16    amount of State contracts shall be awarded to women-owned
17    businesses or women who are lawyers; and contracts
18    representing at least 2% of the total dollar amount of
19    State contracts shall be awarded to businesses owned by
20    persons with disabilities or persons with disabilities who
21    are lawyers.
22        (d) When a community college awards a contract for
23    insurance services, investment services, information
24    technology services, accounting services, architectural
25    and engineering services, and legal services, it shall be
26    the aspirational goal of each community college to use

 

 

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1    businesses owned by minorities, women, and persons with
2    disabilities as defined in this Act for not less than 20%
3    of the total amount spent on contracts for these services
4    collectively; provided that, contracts representing at
5    least 11% of the total amount spent on contracts for these
6    services shall be awarded to businesses owned by
7    minorities; contracts representing at least 7% of the total
8    amount spent on contracts for these services shall be
9    awarded to women-owned businesses; and contracts
10    representing at least 2% of the total amount spent on
11    contracts for these services shall be awarded to businesses
12    owned by persons with disabilities. When a community
13    college awards contracts for investment services,
14    contracts awarded to investment managers who are not
15    emerging investment managers as defined in this Act shall
16    not be considered businesses owned by minorities, women, or
17    persons with disabilities for the purposes of this Section.
18    (2) As used in this Section:
19        "Accounting services" means the measurement,
20    processing and communication of financial information
21    about economic entities including, but is not limited to,
22    financial accounting, management accounting, auditing,
23    cost containment and auditing services, taxation and
24    accounting information systems.
25        "Architectural and engineering services" means
26    professional services of an architectural or engineering

 

 

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1    nature, or incidental services, that members of the
2    architectural and engineering professions, and individuals
3    in their employ, may logically or justifiably perform,
4    including studies, investigations, surveying and mapping,
5    tests, evaluations, consultations, comprehensive planning,
6    program management, conceptual designs, plans and
7    specifications, value engineering, construction phase
8    services, soils engineering, drawing reviews, preparation
9    of operating and maintenance manuals, and other related
10    services.
11        "Emerging investment manager" means an investment
12    manager or claims consultant having assets under
13    management below $10 billion or otherwise adjudicating
14    claims.
15        "Information technology services" means, but is not
16    limited to, specialized technology-oriented solutions by
17    combining the processes and functions of software,
18    hardware, networks, telecommunications, web designers,
19    cloud developing resellers, and electronics.
20        "Insurance broker" means an insurance brokerage firm,
21    claims administrator, or both, that procures, places all
22    lines of insurance, or administers claims with annual
23    premiums or fees of at least $5,000,000 but not more than
24    $10,000,000.
25        "Legal services" means work performed by a lawyer
26    including, but not limited to, contracts in anticipation of

 

 

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1    litigation, enforcement actions, or investigations.
2    (3) Each State agency and public institution of higher
3education shall adopt policies that identify its plan and
4implementation procedures for increasing the use of service
5firms owned by minorities, women, and persons with
6disabilities.
7    (4) Except as provided in subsection (5), the Council shall
8file no later than March 1 of each year an annual report to the
9Governor, the Bureau on Apprenticeship Programs, and the
10General Assembly. The report filed with the General Assembly
11shall be filed as required in Section 3.1 of the General
12Assembly Organization Act. This report shall: (i) identify the
13service firms used by each State agency and public institution
14of higher education, (ii) identify the actions it has
15undertaken to increase the use of service firms owned by
16minorities, women, and persons with disabilities, including
17encouraging non-minority-owned firms to use other service
18firms owned by minorities, women, and persons with disabilities
19as subcontractors when the opportunities arise, (iii) state any
20recommendations made by the Council to each State agency and
21public institution of higher education to increase
22participation by the use of service firms owned by minorities,
23women, and persons with disabilities, and (iv) include the
24following:
25        (A) For insurance services: the names of the insurance
26    brokers or claims consultants used, the total of risk

 

 

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

 

 

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1    by each State agency and public institution of higher
2    education.
3        (E) The total number of contracts awarded for services
4    by category and the total number of contracts awarded to
5    firms owned by minorities, women, and persons with
6    disabilities by each State agency and public institution of
7    higher education.
8    (5) For community college districts, the Business
9Enterprise Council shall only report the following information
10for each community college district: (i) the name of the
11community colleges in the district, (ii) the name and contact
12information of a person at each community college appointed to
13be the single point of contact for vendors owned by minorities,
14women, or persons with disabilities, (iii) the policy of the
15community college district concerning certified vendors, (iv)
16the certifications recognized by the community college
17district for determining whether a business is owned or
18controlled by a minority, woman, or person with a disability,
19(v) outreach efforts conducted by the community college
20district to increase the use of certified vendors, (vi) the
21total expenditures by the community college district in the
22prior fiscal year in the divisions of work specified in
23paragraphs (a), (b), and (c) of subsection (1) of this Section
24and the amount paid to certified vendors in those divisions of
25work, and (vii) the total number of contracts entered into for
26the divisions of work specified in paragraphs (a), (b), and (c)

 

 

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1of subsection (1) of this Section and the total number of
2contracts awarded to certified vendors providing these
3services to the community college district. The Business
4Enterprise Council shall not make any utilization reports under
5this Act for community college districts for Fiscal Year 2015
6and Fiscal Year 2016, but shall make the report required by
7this subsection for Fiscal Year 2017 and for each fiscal year
8thereafter. The Business Enterprise Council shall report the
9information in items (i), (ii), (iii), and (iv) of this
10subsection beginning in September of 2016. The Business
11Enterprise Council may collect the data needed to make its
12report from the Illinois Community College Board.
13    (6) The status of the utilization of services shall be
14discussed at each of the regularly scheduled Business
15Enterprise Council meetings. Time shall be allotted for the
16Council to receive, review, and discuss the progress of the use
17of service firms owned by minorities, women, and persons with
18disabilities by each State agency and public institution of
19higher education; and any evidence regarding past or present
20racial, ethnic, or gender-based discrimination which directly
21impacts a State agency or public institution of higher
22education contracting with such firms. If after reviewing such
23evidence the Council finds that there is or has been such
24discrimination against a specific group, race or sex, the
25Council shall establish sheltered markets or adjust existing
26sheltered markets tailored to address the Council's specific

 

 

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1findings for the divisions of work specified in paragraphs (a),
2(b), and (c) of subsection (1) of this Section.
3(Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16;
4100-391, eff. 8-25-17.)
 
5    (30 ILCS 575/7)  (from Ch. 127, par. 132.607)
6    (Section scheduled to be repealed on June 30, 2020)
7    Sec. 7. Exemptions; waivers; publication of data.
8    (1) Individual contract exemptions. The Council, on its own
9initiative or at the written request of the affected agency,
10public institution of higher education, or recipient of a grant
11or loan of State funds of $250,000 or more complying with
12Section 45 of the State Finance Act, may permit an individual
13contract or contract package, (related contracts being bid or
14awarded simultaneously for the same project or improvements) be
15made wholly or partially exempt from State contracting goals
16for businesses owned by minorities, women, and persons with
17disabilities prior to the advertisement for bids or
18solicitation of proposals whenever there has been a
19determination, reduced to writing and based on the best
20information available at the time of the determination, that
21there is an insufficient number of businesses owned by
22minorities, women, and persons with disabilities to ensure
23adequate competition and an expectation of reasonable prices on
24bids or proposals solicited for the individual contract or
25contract package in question. The Council may charge a

 

 

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1reasonable fee for written request of individual contract
2exemptions. Any such exemptions shall be given by the Council
3to the Bureau on Apprenticeship Programs.
4        (a) Written request for contract exemption. A written
5    request for an individual contract exception must include,
6    but is not limited to, the following:
7            (i) a list of qualified businesses owned by
8        minorities, women, and persons with disabilities that
9        would qualify for the purpose of the contract;
10            (ii) each business's deficiency that would impair
11        adequate competition or qualification;
12            (iii) the difference in cost between the contract
13        proposals being offered by businesses owned by
14        minorities, women, and persons with disabilities and
15        the agency or the public institution of higher
16        education's expectations of reasonable prices on bids
17        or proposals within that class; and
18            (iv) a list of qualified businesses owned by
19        minorities, women, and persons with disabilities that
20        the contractor has used in the most recent fiscal year.
21        (b) Determination. The Council's determination
22    concerning an individual contract exemption must include
23    the following:
24            (i) the justification for each business's
25        disqualification;
26            (ii) the number of waivers of the affected agency,

 

 

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1        public institution of higher education, or recipient
2        of a grant or loan of State funds of $250,000 or more
3        complying with Section 45 of the State Finance Act that
4        have been granted by the Council for that fiscal year;
5        and
6            (iii) the affected agency or public institution of
7        higher education's most current percentages in
8        contracts awarded to businesses owned by minorities,
9        women, and persons with disabilities for that fiscal
10        year.
11    (2) Class exemptions.
12        (a) Creation. The Council, on its own initiative or at
13    the written request of the affected agency or public
14    institution of higher education, may permit an entire class
15    of contracts be made exempt from State contracting goals
16    for businesses owned by minorities, women, and persons with
17    disabilities whenever there has been a determination,
18    reduced to writing and based on the best information
19    available at the time of the determination, that there is
20    an insufficient number of qualified businesses owned by
21    minorities, women, and persons with disabilities to ensure
22    adequate competition and an expectation of reasonable
23    prices on bids or proposals within that class. Any such
24    exemption shall be given by the Council to the Bureau on
25    Apprenticeship Programs.
26        (a-1) Written request for class exemption. A written

 

 

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1    request for a class exception must include, but is not
2    limited to, the following:
3            (i) a list of qualified businesses owned by
4        minorities, women, and persons with disabilities that
5        pertain to the class of contracts in the requested
6        waiver;
7            (ii) each business's deficiency that would impair
8        adequate competition or qualification;
9            (iii) the difference in cost between the contract
10        proposals being offered by businesses owned by
11        minorities, women, and persons with disabilities and
12        the agency or the public institution of higher
13        education's expectations of reasonable prices on bids
14        or proposals within that class; and
15            (iv) the number of class exemptions the affected
16        agency or public institution of higher education has
17        requested for that fiscal year.
18        (a-2) Determination. The Council's determination
19    concerning class exemptions must include the following:
20            (i) the justification for each business's
21        disqualification;
22            (ii) the number of waivers of the requesting agency
23        or public institution of higher education that have
24        been granted by the Council for that fiscal year; and
25            (iii) the agency or public institution of higher
26        education's most current percentages in contracts

 

 

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1        awarded to businesses owned by minorities, women, and
2        persons with disabilities for that fiscal year.
3        (b) Limitation. Any such class exemption shall not be
4    permitted for a period of more than one year at a time.
5    (3) Waivers. Where a particular contract requires a
6contractor to meet a goal established pursuant to this Act, the
7contractor shall have the right to request a waiver from such
8requirements. The Council shall grant the waiver where the
9contractor demonstrates that there has been made a good faith
10effort to comply with the goals for participation by businesses
11owned by minorities, women, and persons with disabilities. Any
12such waiver shall also be transmitted in writing to the Bureau
13on Apprenticeship Programs.
14        (a) Request for waiver. A contractor's request for a
15    waiver under this subsection (3) must include, but is not
16    limited to, the following:
17            (i) a list of qualified businesses owned by
18        minorities, women, and persons with disabilities that
19        pertain to the class of contracts in the requested
20        waiver;
21            (ii) each business's deficiency that would impair
22        adequate competition or qualification;
23            (iii) the difference in cost between the contract
24        proposals being offered by businesses owned by
25        minorities, women, and persons with disabilities and
26        the agency or the public institution of higher

 

 

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1        education's expectations of reasonable prices on bids
2        or proposals within that class.
3        (b) Determination. The Council's determination
4    concerning waivers must include following:
5            (i) the justification for each business's
6        disqualification;
7            (ii) the number of waivers the contractor has been
8        granted by the Council for that fiscal year;
9            (iii) the affected agency or public institution of
10        higher education's most current percentages in
11        contracts awarded to businesses owned by minorities,
12        women, and persons with disabilities for that fiscal
13        year; and
14            (iv) a list of qualified businesses owned by
15        minorities, women, and persons with disabilities that
16        the contractor has used in the most recent fiscal year.
17    (3.5) Fees. The Council may charge a fee for a written
18request on individual contract exemptions. The Council shall
19not charge for a first request. For a second request the
20Council shall charge no more than $1,000. For a fifth request
21or higher from a contractor, the Council shall charge no more
22than $5,000 per request. The Department shall collect the fees
23under this Section. Any fee collected under this Section shall
24be used by the Bureau on Apprenticeship Programs to increase
25minority participation in apprenticeship programs in the
26State.

 

 

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1    (4) Conflict with other laws. In the event that any State
2contract, which otherwise would be subject to the provisions of
3this Act, is or becomes subject to federal laws or regulations
4which conflict with the provisions of this Act or actions of
5the State taken pursuant hereto, the provisions of the federal
6laws or regulations shall apply and the contract shall be
7interpreted and enforced accordingly.
8    (5) Each chief procurement officer, as defined in the
9Illinois Procurement Code, shall maintain on his or her
10official Internet website a database of the following: (i)
11waivers granted under this Section with respect to contracts
12under his or her jurisdiction; (ii) a State agency or public
13institution of higher education's written request for an
14exemption of an individual contract or an entire class of
15contracts; and (iii) the Council's written determination
16granting or denying a request for an exemption of an individual
17contract or an entire class of contracts. The database, which
18shall be updated periodically as necessary, shall be searchable
19by contractor name and by contracting State agency.
20    (6) Each chief procurement officer, as defined by the
21Illinois Procurement Code, shall maintain on its website a list
22of all firms that have been prohibited from bidding, offering,
23or entering into a contract with the State of Illinois as a
24result of violations of this Act.
25    Each public notice required by law of the award of a State
26contract shall include for each bid or offer submitted for that

 

 

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1contract the following: (i) the bidder's or offeror's name,
2(ii) the bid amount, (iii) the name or names of the certified
3firms identified in the bidder's or offeror's submitted
4utilization plan, and (iv) the bid's amount and percentage of
5the contract awarded to businesses owned by minorities, women,
6and persons with disabilities identified in the utilization
7plan.
8(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
9    (30 ILCS 575/9)  (from Ch. 127, par. 132.609)
10    (Section scheduled to be repealed on June 30, 2020)
11    Sec. 9. This Act is repealed June 30, 2024 June 30, 2020.
12(Source: P.A. 99-514, eff. 6-30-16.)
 
13    Section 15. The State Construction Minority and Female
14Building Trades Act is amended by changing Section 35-15 as
15follows:
 
16    (30 ILCS 577/35-15)
17    Sec. 35-15. Compilation of building trade data. By March 31
18of each year, the Illinois Department of Labor shall publish
19and make available on its official website a report compiling
20and summarizing demographic trends in the State's building
21trades apprenticeship programs, with particular attention to
22race, gender, ethnicity, and national origin of apprentices in
23labor organizations and other entities in Illinois based on the

 

 

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1information submitted to the Department under Section 35-10.
2The report shall include, but not be limited to, apprentices by
3gender, apprentices by race and ethnicity, apprentices by
4national origin, apprentices by gender, race, ethnicity, and
5national origin in union and non-union programs,
6apprenticeship programs offered by union and non-union,
7apprentices by union or non-union, apprenticeship programs by
8trade, apprentices by trade, apprenticeship programs by length
9of time.
10(Source: P.A. 100-797, eff. 8-10-18.)
 
11    Section 20. The Criminal Code of 2012 is amended by
12changing Section 17-10.3 as follows:
 
13    (720 ILCS 5/17-10.3)
14    Sec. 17-10.3. Deception relating to certification of
15disadvantaged business enterprises.
16    (a) Fraudulently obtaining or retaining certification. A
17person who, in the course of business, fraudulently obtains or
18retains certification as a minority-owned business,
19women-owned business, service-disabled veteran-owned small
20business, or veteran-owned small business commits a Class 1 2
21felony.
22    (b) Willfully making a false statement. A person who, in
23the course of business, willfully makes a false statement
24whether by affidavit, report or other representation, to an

 

 

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1official or employee of a State agency or the Business
2Enterprise Council for Minorities, Women, and Persons with
3Disabilities for the purpose of influencing the certification
4or denial of certification of any business entity as a
5minority-owned business, women-owned business,
6service-disabled veteran-owned small business, or
7veteran-owned small business commits a Class 1 2 felony.
8    (c) Willfully obstructing or impeding an official or
9employee of any agency in his or her investigation. Any person
10who, in the course of business, willfully obstructs or impedes
11an official or employee of any State agency or the Business
12Enterprise Council for Minorities, Women, and Persons with
13Disabilities who is investigating the qualifications of a
14business entity which has requested certification as a
15minority-owned business, women-owned business,
16service-disabled veteran-owned small business, or
17veteran-owned small business commits a Class 1 2 felony.
18    (d) Fraudulently obtaining public moneys reserved for
19disadvantaged business enterprises. Any person who, in the
20course of business, fraudulently obtains public moneys
21reserved for, or allocated or available to, minority-owned
22businesses, women-owned businesses, service-disabled
23veteran-owned small businesses, or veteran-owned small
24businesses commits a Class 1 2 felony.
25    (e) Definitions. As used in this Article, "minority-owned
26business", "women-owned business", "State agency" with respect

 

 

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1to minority-owned businesses and women-owned businesses, and
2"certification" with respect to minority-owned businesses and
3women-owned businesses shall have the meanings ascribed to them
4in Section 2 of the Business Enterprise for Minorities, Women,
5and Persons with Disabilities Act. As used in this Article,
6"service-disabled veteran-owned small business",
7"veteran-owned small business", "State agency" with respect to
8service-disabled veteran-owned small businesses and
9veteran-owned small businesses, and "certification" with
10respect to service-disabled veteran-owned small businesses and
11veteran-owned small businesses have the same meanings as in
12Section 45-57 of the Illinois Procurement Code.
13(Source: P.A. 100-391, eff. 8-25-17.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".