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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by adding | ||||||
5 | Section 45 as follows: | ||||||
6 | (30 ILCS 105/45 new) | ||||||
7 | Sec. 45. Award or appropriation of capital funds. Each | ||||||
8 | award by grant, contract, or capital agreement, and each line | ||||||
9 | item appropriation, of State funds of $250,000 or more for | ||||||
10 | capital construction, capital supplies, or capital services is | ||||||
11 | conditioned upon the recipient's written certification that | ||||||
12 | the recipient shall comply with the business enterprise program | ||||||
13 | practices for minority-owned businesses, female-owned | ||||||
14 | businesses, and businesses owned by persons with disabilities | ||||||
15 | of the Business Enterprise for Minorities, Females, and Persons | ||||||
16 | with Disabilities Act and the equal employment practices of | ||||||
17 | Section 2-105 of the Illinois Human Rights Act. Each recipient | ||||||
18 | of funds subject to this Section shall submit the business | ||||||
19 | enterprise program plan for minority-owned businesses, | ||||||
20 | female-owned businesses, and businesses owned by persons with | ||||||
21 | disabilities with the relevant contract or capital or grant | ||||||
22 | agreement or with the first voucher for the appropriated funds, | ||||||
23 | as the case may be. |
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1 | Each business enterprise program plan shall apply only to | ||||||
2 | the State-funded portion of the relevant capital project and | ||||||
3 | must be in compliance with all certification and other | ||||||
4 | requirements of the Business Enterprise for Minorities, | ||||||
5 | Females, and Persons with Disabilities Act. Final disbursement | ||||||
6 | of funds subject to this Section is conditioned on successful | ||||||
7 | compliance with the recipient's submitted business enterprise | ||||||
8 | program plan. | ||||||
9 | Section 10. The Business Enterprise for Minorities, | ||||||
10 | Females, and Persons with
Disabilities Act is amended by | ||||||
11 | changing Section 7 as follows: | ||||||
12 | (30 ILCS 575/7) (from Ch. 127, par. 132.607) | ||||||
13 | (Section scheduled to be repealed on June 30, 2010) | ||||||
14 | Sec. 7. Exemptions and waivers ; publication of data . | ||||||
15 | (1) Individual contract exemptions.
The Council, on its own | ||||||
16 | initiative or at the request of the affected agency
or | ||||||
17 | university, may permit an individual contract or contract | ||||||
18 | package,
(related contracts being bid or awarded | ||||||
19 | simultaneously for the same project
or improvements) be made | ||||||
20 | wholly or partially exempt from State contracting
goals for | ||||||
21 | businesses owned by
minorities, females, and persons with | ||||||
22 | disabilities prior to the advertisement
for bids or | ||||||
23 | solicitation of proposals whenever there has been a
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24 | determination, reduced to writing and based on the best |
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1 | information
available at the time of the determination, that | ||||||
2 | there is an insufficient
number of businesses owned by | ||||||
3 | minorities,
females, and persons with disabilities to ensure | ||||||
4 | adequate
competition and an expectation of reasonable prices on | ||||||
5 | bids or proposals
solicited for the individual contract or | ||||||
6 | contract package in question. | ||||||
7 | (2) Class exemptions. (a) Creation. The Council, on its own | ||||||
8 | initiative
or at the request of the affected agency or | ||||||
9 | university, may permit an entire
class of
contracts be made | ||||||
10 | exempt from State
contracting goals for businesses owned by | ||||||
11 | minorities, females, and persons
with disabilities whenever | ||||||
12 | there has been a determination, reduced to
writing and based on | ||||||
13 | the best information available at the time of the
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14 | determination, that there is an insufficient number of | ||||||
15 | qualified businesses owned by minorities, females, and persons | ||||||
16 | with
disabilities to ensure adequate competition and an
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17 | expectation of reasonable prices on bids or proposals within | ||||||
18 | that class. | ||||||
19 | (b) Limitation. Any such class exemption shall not be | ||||||
20 | permitted for a
period of more than one year at a time. | ||||||
21 | (3) Waivers. Where a particular contract requires a | ||||||
22 | contractor to meet
a goal established pursuant to this Act, the | ||||||
23 | contractor shall have the right
to request a waiver from such | ||||||
24 | requirements. The Council shall grant the
waiver where the | ||||||
25 | contractor demonstrates that there has been made a good
faith | ||||||
26 | effort to comply with the goals for
participation by businesses |
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1 | owned by minorities, females, and persons with
disabilities. | ||||||
2 | (4) Conflict with other laws. In the event that any State | ||||||
3 | contract, which
otherwise would be subject to the provisions of | ||||||
4 | this Act, is or becomes
subject to federal laws or regulations | ||||||
5 | which conflict with the provisions
of this Act or actions of | ||||||
6 | the State taken pursuant hereto, the provisions
of the federal | ||||||
7 | laws or regulations shall apply and the contract shall be
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8 | interpreted and enforced accordingly. | ||||||
9 | (5) Each chief procurement officer, as defined in the | ||||||
10 | Illinois Procurement Code, shall maintain on his or her | ||||||
11 | official Internet website a database of waivers granted under | ||||||
12 | this Section with respect to contracts under his or her | ||||||
13 | jurisdiction. The database, which shall be updated | ||||||
14 | periodically as necessary, shall be searchable by contractor | ||||||
15 | name and by contracting State agency. | ||||||
16 | Each public notice required by law of the award of a State | ||||||
17 | contract shall include for each bid submitted for that contract | ||||||
18 | the following: (i) the bidder's name, (ii) the bid amount, | ||||||
19 | (iii) the bid's percentage of disadvantaged business | ||||||
20 | utilization plan, and (iv) the bid's percentage of business | ||||||
21 | enterprise program utilization plan. | ||||||
22 | (Source: P.A. 88-597, eff. 8-28-94 .)
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23 | Section 99. Effective date. This Act takes effect July 1, | ||||||
24 | 2011. |