Bill Amendment: IL SB0534 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: BUREAU APPRENTICESHIP PROGRAMS

Status: 2019-07-29 - Public Act . . . . . . . . . 101-0170 [SB0534 Detail]

Download: Illinois-2019-SB0534-Senate_Amendment_003.html

---

Sen. Emil Jones, III

Filed: 5/23/2019

10100SB0534sam003 LRB101 04295 RJF 61052 a
AMENDMENT TO SENATE BILL 534
AMENDMENT NO. ______. Amend Senate Bill 534 by replacing
everything after the enacting clause with the following:
"Section 5. The Department of Labor Law of the Civil
Administrative Code of Illinois is amended by adding Section
1505-215 as follows:
(20 ILCS 1505/1505-215 new)
Sec. 1505-215. Bureau on Apprenticeship Programs; Advisory
Board.
(a) There is created within the Department of Labor a
Bureau on Apprenticeship Programs. This Bureau shall work to
increase minority participation in active apprentice programs
in Illinois that are approved by the United States Department
of Labor. The Bureau shall identify barriers to minorities
gaining access to construction careers and make
recommendations to the Governor and the General Assembly for

10100SB0534sam003 - 2 - LRB101 04295 RJF 61052 a
policies to remove those barriers. The Department may hire
staff to perform outreach in promoting diversity in active
apprenticeship programs approved by the United States
Department of Labor. The Bureau shall annually compile racial
and gender workforce diversity information from contractors
receiving State or other public funds and by labor unions with
members working on projects receiving State or other public
funds.
(b) There is created the Advisory Board for Diversity in
Active Apprenticeship Programs Approved by the United States
Department of Labor. This Advisory Board shall be composed of
12 legislators; 3 members appointed by the President of the
Senate, 3 members appointed by the Speaker of the House of
Representatives, 3 members appointed by the Minority Leader of
the Senate, and 3 members appointed by the Minority Leader of
the House of Representatives. The President of the Senate and
the Speaker of the House of Representatives shall each appoint
a co-chairperson. Members of the Advisory Board shall receive
no compensation for serving as members of the Advisory Board.
The Advisory Board shall meet quarterly. The Advisory Board may
request necessary additional information from the Department
for the purposes of performing its duties under this Section.
The Advisory Board may advise the Department of programs to
increase diversity in active apprenticeship programs. The
Department shall provide administrative support and staffing
for the Advisory Board.

10100SB0534sam003 - 3 - LRB101 04295 RJF 61052 a
Section 10. The Business Enterprise for Minorities, Women,
and Persons with Disabilities Act is amended by changing
Sections 4, 4f, and 7 as follows:
(30 ILCS 575/4) (from Ch. 127, par. 132.604)
(Section scheduled to be repealed on June 30, 2020)
Sec. 4. Award of State contracts.
(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, women, and persons
with disabilities; provided, however, that of the total amount
of all State contracts awarded to businesses owned by
minorities, women, and persons with disabilities pursuant to
this Section, contracts representing at least 11% shall be
awarded to businesses owned by minorities, contracts
representing at least 7% shall be awarded to women-owned
businesses, and contracts representing at least 2% shall be
awarded to businesses owned by persons with disabilities.
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

10100SB0534sam003 - 4 - LRB101 04295 RJF 61052 a
represents the participation of businesses owned by
minorities, women, and persons with disabilities on such
contracts shall be included.
(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 businesses owned by minorities, women, and persons
with disabilities. Contracts representing at least 11% of the
total dollar amount of State construction contracts shall be
awarded to businesses owned by minorities. Contracts
representing at least 7% of the total dollar amount of State
construction contracts shall be awarded to women-owned
businesses. Contracts representing at least 2% of the total
dollar amount of State construction contracts shall be awarded
to businesses owned by persons with disabilities
minority-owned and women-owned businesses.
(c) (Blank). 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

10100SB0534sam003 - 5 - LRB101 04295 RJF 61052 a
minority-owned businesses or businesses owned by a person with
a disability and 5% of the annual dollar value the contracts to
women-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 women 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 women
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 as otherwise
mandated by federal law or regulation, those who submit bids or
proposals for State contracts subject to the provisions of this
Act, whose bids or proposals are successful and include a
utilization plan 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
calendar days from the date of notification to cure that
deficiency in the bid or proposal. The deficiency in the bid or
proposal may only be cured by contracting with additional

10100SB0534sam003 - 6 - LRB101 04295 RJF 61052 a
subcontractors who are owned by minorities or women, 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.
(f) Non-construction solicitations that include Business
Enterprise Program participation goals shall require bidders
and offerors to include utilization plans. Utilization plans
are due at the time of bid or offer submission. Failure to
complete and include a utilization plan, including
documentation demonstrating good faith effort when requesting
a waiver, shall render the bid or offer non-responsive.
(Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16;
100-391, eff. 8-25-17.)
(30 ILCS 575/4f)
(Section scheduled to be repealed on June 30, 2020)
Sec. 4f. Award of State contracts.
(1) It is hereby declared to be the public policy of the
State of Illinois to promote and encourage each State agency
and public institution of higher education to use businesses
owned by minorities, women, and persons with disabilities in
the area of goods and services, including, but not limited to,
insurance services, investment management services,
information technology services, accounting services,
architectural and engineering services, and legal services.

10100SB0534sam003 - 7 - LRB101 04295 RJF 61052 a
Furthermore, each State agency and public institution of higher
education shall utilize such firms to the greatest extent
feasible within the bounds of financial and fiduciary prudence,
and take affirmative steps to remove any barriers to the full
participation of such firms in the procurement and contracting
opportunities afforded.
(a) When a State agency or public institution of higher
education, other than a community college, awards a
contract for insurance services, for each State agency or
public institution of higher education, it shall be the
aspirational goal to use insurance brokers owned by
minorities, women, and persons with disabilities as
defined by this Act, for not less than 20% of the total
annual premiums or fees. Contracts representing at least
11% of the total annual premiums or fees shall be awarded
to businesses owned by minorities. Contracts representing
at least 7% of the total annual premiums or fees shall be
awarded to women-owned businesses. Contracts representing
at least 2% of the total annual premiums or fees shall be
awarded to businesses owned by persons with disabilities.
(b) When a State agency or public institution of higher
education, other than a community college, awards a
contract for investment services, for each State agency or
public institution of higher education, it shall be the
aspirational goal to use emerging investment managers
owned by minorities, women, and persons with disabilities

10100SB0534sam003 - 8 - LRB101 04295 RJF 61052 a
as defined by this Act, for not less than 20% of the total
funds under management. Contracts representing at least
11% of the total funds under management shall be awarded to
businesses owned by minorities. Contracts representing at
least 7% of the total funds under management shall be
awarded to women-owned businesses. Contracts representing
at least 2% of the total funds under management shall be
awarded to businesses owned by persons with disabilities.
Furthermore, it is the aspirational goal that not less than
20% of the direct asset managers of the State funds be
minorities, women, and persons with disabilities.
(c) When a State agency or public institution of higher
education, other than a community college, awards
contracts for information technology services, accounting
services, architectural and engineering services, and
legal services, for each State agency and public
institution of higher education, it shall be the
aspirational goal to use such firms owned by minorities,
women, and persons with disabilities as defined by this Act
and lawyers who are minorities, women, and persons with
disabilities as defined by this Act, for not less than 20%
of the total dollar amount of State contracts. Contracts
representing at least 11% of the total dollar amount of
State contracts shall be awarded to businesses owned by
minorities or minority lawyers. Contracts representing at
least 7% of the total dollar amount of State contracts

10100SB0534sam003 - 9 - LRB101 04295 RJF 61052 a
shall be awarded to women-owned businesses or women who are
lawyers. Contracts representing at least 2% of the total
dollar amount of State contracts shall be awarded to
businesses owned by persons with disabilities or persons
with disabilities who are lawyers.
(d) When a community college awards a contract for
insurance services, investment services, information
technology services, accounting services, architectural
and engineering services, and legal services, it shall be
the aspirational goal of each community college to use
businesses owned by minorities, women, and persons with
disabilities as defined in this Act for not less than 20%
of the total amount spent on contracts for these services
collectively. Contracts representing at least 11% of the
total amount spent on contracts for these services shall be
awarded to businesses owned by minorities. Contracts
representing at least 7% of the total amount spent on
contracts for these services shall be awarded to
women-owned businesses. Contracts representing at least 2%
of the total amount spent on contracts for these services
shall be awarded to businesses owned by persons with
disabilities. When a community college awards contracts
for investment services, contracts awarded to investment
managers who are not emerging investment managers as
defined in this Act shall not be considered businesses
owned by minorities, women, or persons with disabilities

10100SB0534sam003 - 10 - LRB101 04295 RJF 61052 a
for the purposes of this Section.
(2) As used in this Section:
"Accounting services" means the measurement,
processing and communication of financial information
about economic entities including, but is not limited to,
financial accounting, management accounting, auditing,
cost containment and auditing services, taxation and
accounting information systems.
"Architectural and engineering services" means
professional services of an architectural or engineering
nature, or incidental services, that members of the
architectural and engineering professions, and individuals
in their employ, may logically or justifiably perform,
including studies, investigations, surveying and mapping,
tests, evaluations, consultations, comprehensive planning,
program management, conceptual designs, plans and
specifications, value engineering, construction phase
services, soils engineering, drawing reviews, preparation
of operating and maintenance manuals, and other related
services.
"Emerging investment manager" means an investment
manager or claims consultant having assets under
management below $10 billion or otherwise adjudicating
claims.
"Information technology services" means, but is not
limited to, specialized technology-oriented solutions by

10100SB0534sam003 - 11 - LRB101 04295 RJF 61052 a
combining the processes and functions of software,
hardware, networks, telecommunications, web designers,
cloud developing resellers, and electronics.
"Insurance broker" means an insurance brokerage firm,
claims administrator, or both, that procures, places all
lines of insurance, or administers claims with annual
premiums or fees of at least $5,000,000 but not more than
$10,000,000.
"Legal services" means work performed by a lawyer
including, but not limited to, contracts in anticipation of
litigation, enforcement actions, or investigations.
(3) Each State agency and public institution of higher
education shall adopt policies that identify its plan and
implementation procedures for increasing the use of service
firms owned by minorities, women, and persons with
disabilities.
(4) Except as provided in subsection (5), the Council shall
file no later than March 1 of each year an annual report to the
Governor and the General Assembly. The report filed with the
General Assembly shall be filed as required in Section 3.1 of
the General Assembly Organization Act. This report shall: (i)
identify the service firms used by each State agency and public
institution of higher education, (ii) identify the actions it
has undertaken to increase the use of service firms owned by
minorities, women, and persons with disabilities, including
encouraging non-minority-owned firms to use other service

10100SB0534sam003 - 12 - LRB101 04295 RJF 61052 a
firms owned by minorities, women, and persons with disabilities
as subcontractors when the opportunities arise, (iii) state any
recommendations made by the Council to each State agency and
public institution of higher education to increase
participation by the use of service firms owned by minorities,
women, and persons with disabilities, and (iv) include the
following:
(A) For insurance services: the names of the insurance
brokers or claims consultants used, the total of risk
managed by each State agency and public institution of
higher education by insurance brokers, the total
commissions, fees paid, or both, the lines or insurance
policies placed, and the amount of premiums placed; and the
percentage of the risk managed by insurance brokers, the
percentage of total commission, fees paid, or both, the
lines or insurance policies placed, and the amount of
premiums placed with each by the insurance brokers owned by
minorities, women, and persons with disabilities by each
State agency and public institution of higher education.
(B) For investment management services: the names of
the investment managers used, the total funds under
management of investment managers; the total commissions,
fees paid, or both; the total and percentage of funds under
management of emerging investment managers owned by
minorities, women, and persons with disabilities,
including the total and percentage of total commissions,

10100SB0534sam003 - 13 - LRB101 04295 RJF 61052 a
fees paid, or both by each State agency and public
institution of higher education.
(C) The names of service firms, the percentage and
total dollar amount paid for professional services by
category by each State agency and public institution of
higher education.
(D) The names of service firms, the percentage and
total dollar amount paid for services by category to firms
owned by minorities, women, and persons with disabilities
by each State agency and public institution of higher
education.
(E) The total number of contracts awarded for services
by category and the total number of contracts awarded to
firms owned by minorities, women, and persons with
disabilities by each State agency and public institution of
higher education.
(5) For community college districts, the Business
Enterprise Council shall only report the following information
for each community college district: (i) the name of the
community colleges in the district, (ii) the name and contact
information of a person at each community college appointed to
be the single point of contact for vendors owned by minorities,
women, or persons with disabilities, (iii) the policy of the
community college district concerning certified vendors, (iv)
the certifications recognized by the community college
district for determining whether a business is owned or

10100SB0534sam003 - 14 - LRB101 04295 RJF 61052 a
controlled by a minority, woman, or person with a disability,
(v) outreach efforts conducted by the community college
district to increase the use of certified vendors, (vi) the
total expenditures by the community college district in the
prior fiscal year in the divisions of work specified in
paragraphs (a), (b), and (c) of subsection (1) of this Section
and the amount paid to certified vendors in those divisions of
work, and (vii) the total number of contracts entered into for
the divisions of work specified in paragraphs (a), (b), and (c)
of subsection (1) of this Section and the total number of
contracts awarded to certified vendors providing these
services to the community college district. The Business
Enterprise Council shall not make any utilization reports under
this Act for community college districts for Fiscal Year 2015
and Fiscal Year 2016, but shall make the report required by
this subsection for Fiscal Year 2017 and for each fiscal year
thereafter. The Business Enterprise Council shall report the
information in items (i), (ii), (iii), and (iv) of this
subsection beginning in September of 2016. The Business
Enterprise Council may collect the data needed to make its
report from the Illinois Community College Board.
(6) The status of the utilization of services shall be
discussed at each of the regularly scheduled Business
Enterprise Council meetings. Time shall be allotted for the
Council to receive, review, and discuss the progress of the use
of service firms owned by minorities, women, and persons with

10100SB0534sam003 - 15 - LRB101 04295 RJF 61052 a
disabilities by each State agency and public institution of
higher education; and any evidence regarding past or present
racial, ethnic, or gender-based discrimination which directly
impacts a State agency or public institution of higher
education contracting with such firms. If after reviewing such
evidence the Council finds that there is or has been such
discrimination against a specific group, race or sex, the
Council shall establish sheltered markets or adjust existing
sheltered markets tailored to address the Council's specific
findings for the divisions of work specified in paragraphs (a),
(b), and (c) of subsection (1) of this Section.
(Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16;
100-391, eff. 8-25-17.)
(30 ILCS 575/7) (from Ch. 127, par. 132.607)
(Section scheduled to be repealed on June 30, 2020)
Sec. 7. Exemptions; waivers; publication of data.
(1) Individual contract exemptions. The Council, on its own
initiative or at the request of the affected agency, public
institution of higher education, or recipient of a grant or
loan of State funds of $250,000 or more complying with Section
45 of the State Finance Act, may permit an individual contract
or contract package, (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 minorities, women, and persons with

10100SB0534sam003 - 16 - LRB101 04295 RJF 61052 a
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, women, 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.
(a) Written request for contract exemption. A written
request for an individual contract exception must include,
but is not limited to, the following:
(i) a list of qualified businesses owned by
minorities, women, and persons with disabilities that
would qualify for the purpose of the contract;
(ii) each business's deficiency that would impair
adequate competition or qualification; and
(iii) the difference in cost between the contract
proposals being offered by businesses owned by
minorities, women, and persons with disabilities and
the agency or the public institution of higher
education's expectations of reasonable prices on bids
or proposals within that class.
(b) Determination. The Council's determination
concerning an individual contract exemption must include
the following:

10100SB0534sam003 - 17 - LRB101 04295 RJF 61052 a
(i) the justification for each business's
disqualification;
(ii) the number of waivers of the affected agency,
public institution of higher education, or recipient
of a grant or loan of State funds of $250,000 or more
complying with Section 45 of the State Finance Act that
have been granted by the Council for that fiscal year;
and
(iii) the affected agency or public institution of
higher education's most current percentages in
contracts awarded to businesses owned by minorities,
women, and persons with disabilities for that fiscal
year.
(2) Class exemptions.
(a) Creation. The Council, on its own initiative or at
the request of the affected agency or public institution of
higher education, may permit an entire class of contracts
be made exempt from State contracting goals for businesses
owned by minorities, women, 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 determination, that there is an insufficient number of
qualified businesses owned by minorities, women, and
persons with disabilities to ensure adequate competition
and an expectation of reasonable prices on bids or
proposals within that class.

10100SB0534sam003 - 18 - LRB101 04295 RJF 61052 a
(a-1) Written request for class exemption. A written
request for a class exception must include, but is not
limited to, the following:
(i) a list of qualified businesses owned by
minorities, women, and persons with disabilities that
pertain to the class of contracts in the requested
waiver;
(ii) each business's deficiency that would impair
adequate competition or qualification; and
(iii) the difference in cost between the contract
proposals being offered by businesses owned by
minorities, women, and persons with disabilities and
the agency or the public institution of higher
education's expectations of reasonable prices on bids
or proposals within that class.
(a-2) Determination. The Council's determination
concerning class exemptions must include the following:
(i) the justification for each business's
disqualification;
(ii) the number of waivers of the requesting agency
or public institution of higher education that have
been granted by the Council for that fiscal year; and
(iii) the agency or public institution of higher
education's most current percentages in contracts
awarded to businesses owned by minorities, women, and
persons with disabilities for that fiscal year.

10100SB0534sam003 - 19 - LRB101 04295 RJF 61052 a
(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, women, and persons with disabilities.
(a) Request for waiver. A contractor's request for a
waiver under this subsection (3) must include, but is not
limited to, the following:
(i) a list of qualified businesses owned by
minorities, women, and persons with disabilities that
pertain to the class of contracts in the requested
waiver;
(ii) each business's deficiency that would impair
adequate competition or qualification;
(iii) the difference in cost between the contract
proposals being offered by businesses owned by
minorities, women, and persons with disabilities and
the agency or the public institution of higher
education's expectations of reasonable prices on bids
or proposals within that class.
(b) Determination. The Council's determination
concerning waivers must include following:

10100SB0534sam003 - 20 - LRB101 04295 RJF 61052 a
(i) the justification for each business's
disqualification;
(ii) the number of waivers the contractor has been
granted by the Council for that fiscal year; and
(iii) the affected agency or public institution of
higher education's most current percentages in
contracts awarded to businesses owned by minorities,
women, and persons with disabilities for that fiscal
year.
(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
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 the following: (i)
waivers granted under this Section with respect to contracts
under his or her jurisdiction; (ii) a State agency or public
institution of higher education's written request for an
exemption of an individual contract or an entire class of
contracts; and (iii) The Council's written determination
granting or denying a request for an exemption of an individual
contract or an entire class of contracts. The database, which

10100SB0534sam003 - 21 - LRB101 04295 RJF 61052 a
shall be updated periodically as necessary, shall be searchable
by contractor name and by contracting State agency.
(6) Each chief procurement officer, as defined by the
Illinois Procurement Code, shall maintain on its website a list
of all firms that have been prohibited from bidding, offering,
or entering into a contract with the State of Illinois as a
result of violations of this Act.
Each public notice required by law of the award of a State
contract shall include for each bid or offer submitted for that
contract the following: (i) the bidder's or offeror's name,
(ii) the bid amount, (iii) the name or names of the certified
firms identified in the bidder's or offeror's submitted
utilization plan, and (iv) the bid's amount and percentage of
the contract awarded to businesses owned by minorities, women,
and persons with disabilities identified in the utilization
plan.
(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
Section 15. The Criminal Code of 2012 is amended by
changing Section 33E-15 as follows:
(720 ILCS 5/33E-15)
Sec. 33E-15. False entries.
(a) An officer, agent, or employee of, or anyone who is
affiliated in any capacity with any unit of local government or
school district commits false entries when he or she makes a

10100SB0534sam003 - 22 - LRB101 04295 RJF 61052 a
false entry in any book, report, or statement of any unit of
local government or school district with the intent to defraud
the unit of local government or school district.
(b) Sentence. False entries is a Class 2 3 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.".