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Public Act 096-1064
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| SB3249 Enrolled | LRB096 20466 JAM 36121 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The State Finance Act is amended by adding |
Section 45 as follows:
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(30 ILCS 105/45 new) |
Sec. 45. Award of capital funds. Each award by grant or |
loan of State funds of $250,000 or more for capital |
construction costs or professional services is conditioned |
upon the recipient's written certification that the recipient |
shall comply with the business enterprise program practices for |
minority-owned businesses, female-owned businesses, and |
businesses owned by persons with disabilities of the Business |
Enterprise for Minorities, Females, and Persons with |
Disabilities Act (30 ILCS 575/) and the equal employment |
practices of Section 2-105 of the Illinois Human Rights Act |
(775 ILCS 5/2-105). This Section, however, does not apply to |
any grant or loan (i) for which a grant or loan agreement was |
executed before the effective date of this amendatory Act of |
the 96th General Assembly, (ii) for which prior-incurred costs |
are being reimbursed, or (iii) for a federally funded program |
under which the requirement of this Section would contravene |
federal law. Each recipient shall submit the written |
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certification and business enterprise program plan for |
minority-owned businesses, female-owned businesses, and |
businesses owned by persons with disabilities before signing |
the relevant grant or loan agreement. Each grant or loan |
agreement shall include a provision that the grant or loan |
recipient agrees to comply with the provisions of the Business |
Enterprise for Minorities, Females, and Persons with |
Disabilities Act (30 ILCS 575/) and the equal employment |
practices of Section 2-105 of the Illinois Human Rights Act |
(775 ILCS 5/2-105). |
Each business enterprise program plan shall apply only to |
the State-funded portion of the relevant capital project and |
must be in compliance with all certification and other |
requirements of the Business Enterprise for Minorities, |
Females, and Persons with Disabilities Act.
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Section 10. The Business Enterprise for Minorities, |
Females, and Persons with
Disabilities Act is amended by |
changing Section 7 as follows:
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(30 ILCS 575/7) (from Ch. 127, par. 132.607) |
(Section scheduled to be repealed on June 30, 2010) |
Sec. 7. Exemptions and waivers; publication of data. |
(1) Individual contract exemptions.
The Council, on its own |
initiative or at the request of the affected agency,
or |
university, or recipient of a grant or loan of State funds of |
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$250,000 or more complying with Section 45 of the State Finance |
Act, may permit an individual contract or contract package,
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(related contracts being bid or awarded simultaneously for the |
same project
or improvements) be made wholly or partially |
exempt from State contracting
goals for businesses owned by
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minorities, females, and persons with disabilities prior to the |
advertisement
for bids or solicitation of proposals whenever |
there has been a
determination, reduced to writing and based on |
the best information
available at the time of the |
determination, that there is an insufficient
number of |
businesses owned by minorities,
females, and persons with |
disabilities to ensure adequate
competition and an expectation |
of reasonable prices on bids or proposals
solicited for the |
individual contract or contract package in question. |
(2) Class exemptions. (a) Creation. The Council, on its own |
initiative
or at the request of the affected agency or |
university, may permit an entire
class of
contracts be made |
exempt from State
contracting goals for businesses owned by |
minorities, females, and persons
with disabilities whenever |
there has been a determination, reduced to
writing and based on |
the best information available at the time of the
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determination, that there is an insufficient number of |
qualified businesses owned by minorities, females, and persons |
with
disabilities to ensure adequate competition and an
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expectation of reasonable prices on bids or proposals within |
that class. |
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(b) Limitation. Any such class exemption shall not be |
permitted for a
period of more than one year at a time. |
(3) Waivers. Where a particular contract requires a |
contractor to meet
a goal established pursuant to this Act, the |
contractor shall have the right
to request a waiver from such |
requirements. The Council shall grant the
waiver where the |
contractor demonstrates that there has been made a good
faith |
effort to comply with the goals for
participation by businesses |
owned by minorities, females, and persons with
disabilities. |
(4) Conflict with other laws. In the event that any State |
contract, which
otherwise would be subject to the provisions of |
this Act, is or becomes
subject to federal laws or regulations |
which conflict with the provisions
of this Act or actions of |
the State taken pursuant hereto, the provisions
of the federal |
laws or regulations shall apply and the contract shall be
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interpreted and enforced accordingly. |
(5) Each chief procurement officer, as defined in the |
Illinois Procurement Code, shall maintain on his or her |
official Internet website a database of waivers granted under |
this Section with respect to contracts under his or her |
jurisdiction. The database, which shall be updated |
periodically as necessary, shall be searchable by contractor |
name and by contracting State agency. |
Each public notice required by law of the award of a State |
contract shall include for each bid submitted for that contract |
the following: (i) the bidder's name, (ii) the bid amount, |