Bill Text: IL SB0177 | 2019-2020 | 101st General Assembly | Chaptered

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Bill Title: Amends the Administrative Procedure Act. Provides that emergency rules may be adopted to implement the Illinois Works Jobs Program Act. Amends the Illinois Works Jobs Program Act. Makes changes in provisions governing: definitions; the Illinois Works Preapprenticeship Program; the Illinois Works Bid Credit Program; the Illinois Works Apprenticeship Initiative; and the Illinois Works Review Panel. Amends the Department of Labor Law of the Civil Administrative Code. Deletes provisions creating the Advisory Board for Diversity in Active Apprenticeship Programs. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Changes the definition of "minority person". Provides that State contracts shall require that only expenditures to businesses owned by minorities, women, and persons with disabilities that perform a "commercially useful function" under federal law may be counted toward the goals set forth by the Act. Provides that, by December 1, 2022, the Department of Central Management Services Business Enterprise Program shall develop a model for social scientific disparity study sourcing for local governmental units to adapt and implement to address regional disparities in public procurement. Provides that funds collected as penalties under the Act shall be used exclusively for maintenance and further development of the Business Enterprise Program and encouragement of participation by minorities, women, and persons with disabilities in State procurement. Makes other changes concerning: State contracts; the Business Enterprise Council; exemptions; and waivers. Amends the Criminal Code of 2012. Provides that it shall be a Class 2 felony (rather than a Class 1 felony) to commit violations of the Act regarding deception relating to certification of disadvantaged business enterprises. Effective immediately, except that the changes to the Department of Labor Law of the Civil Administrative Code, the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, and the Criminal Code of 2012 are effective January 1, 2020.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2019-12-10 - Public Act . . . . . . . . . 101-0601 [SB0177 Detail]

Download: Illinois-2019-SB0177-Chaptered.html

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Public Act 101-0601
SB0177 Enrolled LRB101 06086 HLH 51107 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 1
Section 1-5. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule

becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the
persons who may be affected by them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24-month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24-month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, (v)
emergency rules adopted pursuant to subsection (o) of this
Section, or (vi) emergency rules adopted pursuant to subsection
(c-5) of this Section. Two or more emergency rules having

substantially the same purpose and effect shall be deemed to be
a single rule for purposes of this Section.
(c-5) To facilitate the maintenance of the program of group
health benefits provided to annuitants, survivors, and retired
employees under the State Employees Group Insurance Act of
1971, rules to alter the contributions to be paid by the State,
annuitants, survivors, retired employees, or any combination
of those entities, for that program of group health benefits,
shall be adopted as emergency rules. The adoption of those
rules shall be considered an emergency and necessary for the
public interest, safety, and welfare.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of Public Act 91-24

or any other budget initiative for fiscal year 2000 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (e). The adoption of
emergency rules authorized by this subsection (e) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of Public Act 91-712
or any other budget initiative for fiscal year 2001 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (f). The adoption of
emergency rules authorized by this subsection (f) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of Public Act 92-10
or any other budget initiative for fiscal year 2002 may be
adopted in accordance with this Section by the agency charged

with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (g). The adoption of
emergency rules authorized by this subsection (g) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of Public Act 92-597
or any other budget initiative for fiscal year 2003 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (h). The adoption of
emergency rules authorized by this subsection (h) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of Public Act 93-20
or any other budget initiative for fiscal year 2004 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and

the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (i). The adoption of
emergency rules authorized by this subsection (i) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of
Public Act 94-48 or any other budget initiative for fiscal year
2006 may be adopted in accordance with this Section by the

agency charged with administering that provision or
initiative, except that the 24-month limitation on the adoption
of emergency rules and the provisions of Sections 5-115 and
5-125 do not apply to rules adopted under this subsection (k).
The Department of Healthcare and Family Services may also adopt
rules under this subsection (k) necessary to administer the
Illinois Public Aid Code, the Senior Citizens and Persons with
Disabilities Property Tax Relief Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the

public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of
Public Act 96-45 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2010 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (n) shall be
deemed to be necessary for the public interest, safety, and
welfare. The rulemaking authority granted in this subsection
(n) shall apply only to rules promulgated during Fiscal Year
2010.

(o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of
Public Act 96-958 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2011 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (o) is deemed to
be necessary for the public interest, safety, and welfare. The
rulemaking authority granted in this subsection (o) applies
only to rules promulgated on or after July 1, 2010 (the
effective date of Public Act 96-958) through June 30, 2011.
(p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act 97-689
may be adopted in accordance with this subsection (p) by the
agency charged with administering that provision or
initiative. The 150-day limitation of the effective period of
emergency rules does not apply to rules adopted under this
subsection (p), and the effective period may continue through
June 30, 2013. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (p). The adoption of emergency rules authorized by
this subsection (p) is deemed to be necessary for the public
interest, safety, and welfare.
(q) In order to provide for the expeditious and timely

implementation of the provisions of Articles 7, 8, 9, 11, and
12 of Public Act 98-104, emergency rules to implement any
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
may be adopted in accordance with this subsection (q) by the
agency charged with administering that provision or
initiative. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (q). The adoption of emergency rules authorized by
this subsection (q) is deemed to be necessary for the public
interest, safety, and welfare.
(r) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 98-651,
emergency rules to implement Public Act 98-651 may be adopted
in accordance with this subsection (r) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (r). The adoption of emergency rules
authorized by this subsection (r) is deemed to be necessary for
the public interest, safety, and welfare.
(s) In order to provide for the expeditious and timely
implementation of the provisions of Sections 5-5b.1 and 5A-2 of
the Illinois Public Aid Code, emergency rules to implement any
provision of Section 5-5b.1 or Section 5A-2 of the Illinois
Public Aid Code may be adopted in accordance with this
subsection (s) by the Department of Healthcare and Family
Services. The rulemaking authority granted in this subsection

(s) shall apply only to those rules adopted prior to July 1,
2015. Notwithstanding any other provision of this Section, any
emergency rule adopted under this subsection (s) shall only
apply to payments made for State fiscal year 2015. The adoption
of emergency rules authorized by this subsection (s) is deemed
to be necessary for the public interest, safety, and welfare.
(t) In order to provide for the expeditious and timely
implementation of the provisions of Article II of Public Act
99-6, emergency rules to implement the changes made by Article
II of Public Act 99-6 to the Emergency Telephone System Act may
be adopted in accordance with this subsection (t) by the
Department of State Police. The rulemaking authority granted in
this subsection (t) shall apply only to those rules adopted
prior to July 1, 2016. The 24-month limitation on the adoption
of emergency rules does not apply to rules adopted under this
subsection (t). The adoption of emergency rules authorized by
this subsection (t) is deemed to be necessary for the public
interest, safety, and welfare.
(u) In order to provide for the expeditious and timely
implementation of the provisions of the Burn Victims Relief
Act, emergency rules to implement any provision of the Act may
be adopted in accordance with this subsection (u) by the
Department of Insurance. The rulemaking authority granted in
this subsection (u) shall apply only to those rules adopted
prior to December 31, 2015. The adoption of emergency rules
authorized by this subsection (u) is deemed to be necessary for

the public interest, safety, and welfare.
(v) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-516,
emergency rules to implement Public Act 99-516 may be adopted
in accordance with this subsection (v) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (v). The adoption of emergency rules
authorized by this subsection (v) is deemed to be necessary for
the public interest, safety, and welfare.
(w) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-796,
emergency rules to implement the changes made by Public Act
99-796 may be adopted in accordance with this subsection (w) by
the Adjutant General. The adoption of emergency rules
authorized by this subsection (w) is deemed to be necessary for
the public interest, safety, and welfare.
(x) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-906,
emergency rules to implement subsection (i) of Section 16-115D,
subsection (g) of Section 16-128A, and subsection (a) of
Section 16-128B of the Public Utilities Act may be adopted in
accordance with this subsection (x) by the Illinois Commerce
Commission. The rulemaking authority granted in this
subsection (x) shall apply only to those rules adopted within
180 days after June 1, 2017 (the effective date of Public Act

99-906). The adoption of emergency rules authorized by this
subsection (x) is deemed to be necessary for the public
interest, safety, and welfare.
(y) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-23,
emergency rules to implement the changes made by Public Act
100-23 to Section 4.02 of the Illinois Act on the Aging,
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
Section 55-30 of the Alcoholism and Other Drug Abuse and
Dependency Act, and Sections 74 and 75 of the Mental Health and
Developmental Disabilities Administrative Act may be adopted
in accordance with this subsection (y) by the respective
Department. The adoption of emergency rules authorized by this
subsection (y) is deemed to be necessary for the public
interest, safety, and welfare.
(z) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-554,
emergency rules to implement the changes made by Public Act
100-554 to Section 4.7 of the Lobbyist Registration Act may be
adopted in accordance with this subsection (z) by the Secretary
of State. The adoption of emergency rules authorized by this
subsection (z) is deemed to be necessary for the public
interest, safety, and welfare.
(aa) In order to provide for the expeditious and timely
initial implementation of the changes made to Articles 5, 5A,
12, and 14 of the Illinois Public Aid Code under the provisions

of Public Act 100-581, the Department of Healthcare and Family
Services may adopt emergency rules in accordance with this
subsection (aa). The 24-month limitation on the adoption of
emergency rules does not apply to rules to initially implement
the changes made to Articles 5, 5A, 12, and 14 of the Illinois
Public Aid Code adopted under this subsection (aa). The
adoption of emergency rules authorized by this subsection (aa)
is deemed to be necessary for the public interest, safety, and
welfare.
(bb) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-587,
emergency rules to implement the changes made by Public Act
100-587 to Section 4.02 of the Illinois Act on the Aging,
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
subsection (b) of Section 55-30 of the Alcoholism and Other
Drug Abuse and Dependency Act, Section 5-104 of the Specialized
Mental Health Rehabilitation Act of 2013, and Section 75 and
subsection (b) of Section 74 of the Mental Health and
Developmental Disabilities Administrative Act may be adopted
in accordance with this subsection (bb) by the respective
Department. The adoption of emergency rules authorized by this
subsection (bb) is deemed to be necessary for the public
interest, safety, and welfare.
(cc) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-587,
emergency rules may be adopted in accordance with this

subsection (cc) to implement the changes made by Public Act
100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
Pension Code by the Board created under Article 14 of the Code;
Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
the Board created under Article 15 of the Code; and Sections
16-190.5 and 16-190.6 of the Illinois Pension Code by the Board
created under Article 16 of the Code. The adoption of emergency
rules authorized by this subsection (cc) is deemed to be
necessary for the public interest, safety, and welfare.
(dd) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-864,
emergency rules to implement the changes made by Public Act
100-864 to Section 3.35 of the Newborn Metabolic Screening Act
may be adopted in accordance with this subsection (dd) by the
Secretary of State. The adoption of emergency rules authorized
by this subsection (dd) is deemed to be necessary for the
public interest, safety, and welfare.
(ee) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-1172,
emergency rules implementing the Illinois Underground Natural
Gas Storage Safety Act may be adopted in accordance with this
subsection by the Department of Natural Resources. The adoption
of emergency rules authorized by this subsection is deemed to
be necessary for the public interest, safety, and welfare.
(ff) In order to provide for the expeditious and timely
initial implementation of the changes made to Articles 5A and

14 of the Illinois Public Aid Code under the provisions of
Public Act 100-1181, the Department of Healthcare and Family
Services may on a one-time-only basis adopt emergency rules in
accordance with this subsection (ff). The 24-month limitation
on the adoption of emergency rules does not apply to rules to
initially implement the changes made to Articles 5A and 14 of
the Illinois Public Aid Code adopted under this subsection
(ff). The adoption of emergency rules authorized by this
subsection (ff) is deemed to be necessary for the public
interest, safety, and welfare.
(gg) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-1, emergency
rules may be adopted by the Department of Labor in accordance
with this subsection (gg) to implement the changes made by
Public Act 101-1 to the Minimum Wage Law. The adoption of
emergency rules authorized by this subsection (gg) is deemed to
be necessary for the public interest, safety, and welfare.
(hh) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10 this
amendatory Act of the 101st General Assembly, emergency rules
may be adopted in accordance with this subsection (hh) to
implement the changes made by Public Act 101-10 this amendatory
Act of the 101st General Assembly to subsection (j) of Section
5-5.2 of the Illinois Public Aid Code. The adoption of
emergency rules authorized by this subsection (hh) is deemed to
be necessary for the public interest, safety, and welfare.

(ii) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10 this
amendatory Act of the 101st General Assembly, emergency rules
to implement the changes made by Public Act 101-10 this
amendatory Act of the 101st General Assembly to Sections 5-5.4
and 5-5.4i of the Illinois Public Aid Code may be adopted in
accordance with this subsection (ii) by the Department of
Public Health. The adoption of emergency rules authorized by
this subsection (ii) is deemed to be necessary for the public
interest, safety, and welfare.
(jj) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10 this
amendatory Act of the 101st General Assembly, emergency rules
to implement the changes made by Public Act 101-10 this
amendatory Act of the 101st General Assembly to Section 74 of
the Mental Health and Developmental Disabilities
Administrative Act may be adopted in accordance with this
subsection (jj) by the Department of Human Services. The
adoption of emergency rules authorized by this subsection (jj)
is deemed to be necessary for the public interest, safety, and
welfare.
(kk) (gg) In order to provide for the expeditious and
timely implementation of the Cannabis Regulation and Tax Act
and Public Act 101-27 this amendatory Act of the 101st General
Assembly, the Department of Revenue, the Department of Public
Health, the Department of Agriculture, the Department of State

Police, and the Department of Financial and Professional
Regulation may adopt emergency rules in accordance with this
subsection (kk) (gg). The rulemaking authority granted in this
subsection (kk) (gg) shall apply only to rules adopted before
December 31, 2021. Notwithstanding the provisions of
subsection (c), emergency rules adopted under this subsection
(kk) (gg) shall be effective for 180 days. The adoption of
emergency rules authorized by this subsection (kk) (gg) is
deemed to be necessary for the public interest, safety, and
welfare.
(ll) (hh) In order to provide for the expeditious and
timely implementation of the provisions of the Leveling the
Playing Field for Illinois Retail Act, emergency rules may be
adopted in accordance with this subsection (ll) (hh) to
implement the changes made by the Leveling the Playing Field
for Illinois Retail Act. The adoption of emergency rules
authorized by this subsection (ll) (hh) is deemed to be
necessary for the public interest, safety, and welfare.
(mm) (ii) In order to provide for the expeditious and
timely implementation of the provisions of Section 25-70 of the
Sports Wagering Act, emergency rules to implement Section 25-70
of the Sports Wagering Act may be adopted in accordance with
this subsection (mm) (ii) by the Department of the Lottery as
provided in the Sports Wagering Act. The adoption of emergency
rules authorized by this subsection (mm) (ii) is deemed to be
necessary for the public interest, safety, and welfare.

(nn) (jj) In order to provide for the expeditious and
timely implementation of the Sports Wagering Act, emergency
rules to implement the Sports Wagering Act may be adopted in
accordance with this subsection (nn) (jj) by the Illinois
Gaming Board. The adoption of emergency rules authorized by
this subsection (nn) (jj) is deemed to be necessary for the
public interest, safety, and welfare.
(oo) (kk) In order to provide for the expeditious and
timely implementation of the provisions of subsection (c) of
Section 20 of the Video Gaming Act, emergency rules to
implement the provisions of subsection (c) of Section 20 of the
Video Gaming Act may be adopted in accordance with this
subsection (oo) (kk) by the Illinois Gaming Board. The adoption
of emergency rules authorized by this subsection (oo) (kk) is
deemed to be necessary for the public interest, safety, and
welfare.
(pp) (gg) In order to provide for the expeditious and
timely implementation of the provisions of Section 50 of the
Sexual Assault Evidence Submission Act, emergency rules to
implement Section 50 of the Sexual Assault Evidence Submission
Act may be adopted in accordance with this subsection (pp) (gg)
by the Department of State Police. The adoption of emergency
rules authorized by this subsection (pp) (gg) is deemed to be
necessary for the public interest, safety, and welfare.
(qq) In order to provide for the expeditious and timely
implementation of the provisions of the Illinois Works Jobs

Program Act, emergency rules may be adopted in accordance with
this subsection (qq) to implement the Illinois Works Jobs
Program Act. The adoption of emergency rules authorized by this
subsection (qq) is deemed to be necessary for the public
interest, safety, and welfare.
(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff.
3-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5,
eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19;
101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff.
6-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19;
101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff.
8-16-19; revised 9-27-19.)
Section 1-15. The Illinois Works Jobs Program Act is
amended by changing Sections 20-10, 20-15, 20-20, and 20-25 as
follows:
(30 ILCS 559/20-10)
Sec. 20-10. Definitions.
"Apprentice" means a participant in an apprenticeship
program approved by and registered with the United States
Department of Labor's Bureau of Apprenticeship and Training.
"Apprenticeship program" means an apprenticeship and

training program approved by and registered with the United
States Department of Labor's Bureau of Apprenticeship and
Training.
"Bid credit" means a virtual dollar for a contractor or
subcontractor to use toward future bids on contracts with the
State for public works projects contracts.
"Community-based organization" means a nonprofit
organization, including an accredited public college or
university, selected by the Department to participate in the
Illinois Works Preapprenticeship Program. To qualify as a
"community-based organization", the organization must
demonstrate the following:
(1) the ability to effectively serve diverse and
underrepresented populations, including by providing
employment services to such populations;
(2) knowledge of the construction and building trades;
(3) the ability to recruit, prescreen, and provide
preapprenticeship training to prepare workers for
employment in the construction and building trades; and
(4) a plan to provide the following:
(A) preparatory classes;
(B) workplace readiness skills, such as resume
preparation and interviewing techniques;
(C) strategies for overcoming barriers to entry
and completion of an apprenticeship program; and
(D) any prerequisites for acceptance into an

apprenticeship program.
"Contractor" means a person, corporation, partnership,
limited liability company, or joint venture entering into a
contract with the State or any State agency to construct a
public work.
"Department" means the Department of Commerce and Economic
Opportunity.
"Labor hours" means the total hours for workers who are
receiving an hourly wage and who are directly employed for the
public works project. "Labor hours" includes hours performed by
workers employed by the contractor and subcontractors on the
public works project. "Labor hours" does not include hours
worked by the forepersons, superintendents, owners, and
workers who are not subject to prevailing wage requirements.
"Minorities" means minority persons as defined in the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act.
"Public works" means all projects, contracted or funded by
the State or any agency of the State, in whole or in part, from
appropriated capital funds, that constitute public works under
the Prevailing Wage Act.
"Subcontractor" means a person, corporation, partnership,
limited liability company, or joint venture that has contracted
with the contractor to perform all or part of the work to
construct a public work by a contractor.
"Underrepresented populations" means populations

identified by the Department that historically have had
barriers to entry or advancement in the workforce.
"Underrepresented populations" includes, but is not limited
to, minorities, women, and veterans.
(Source: P.A. 101-31, eff. 6-28-19.)
(30 ILCS 559/20-15)
Sec. 20-15. Illinois Works Preapprenticeship Program;
Illinois Works Bid Credit Program.
(a) The Illinois Works Preapprenticeship Program is
established and shall be administered by the Department. The
goal of the Illinois Works Preapprenticeship Program is to
create a network of community-based organizations throughout
the State that will recruit, prescreen, and provide
preapprenticeship skills training, for which participants may
attend free of charge and receive a stipend, to create a
qualified, diverse pipeline of workers who are prepared for
careers in the construction and building trades. Upon
completion of the Illinois Works Preapprenticeship Program,
the candidates will be skilled and work-ready.
(b) There is created the Illinois Works Fund, a special
fund in the State treasury. The Illinois Works Fund shall be
administered by the Department. The Illinois Works Fund shall
be used to provide funding for community-based organizations
throughout the State. In addition to any other transfers that
may be provided for by law, on and after July 1, 2019 and until

June 30, 2020, at the direction of the Director of the
Governor's Office of Management and Budget, the State
Comptroller shall direct and the State Treasurer shall transfer
amounts not exceeding a total of $25,000,000 from the Rebuild
Illinois Projects Fund to the Illinois Works Fund.
(c) Each community-based organization that receives
funding from the Illinois Works Fund shall provide an annual
report to the Illinois Works Review Panel by April 1 of each
calendar year. The annual report shall include the following
information:
(1) a description of the community-based
organization's recruitment, screening, and training
efforts;
(2) the number of individuals who apply to, participate
in, and complete the community-based organization's
program, broken down by race, gender, age, and veteran
status; and
(3) the number of the individuals referenced in item (2) of
this subsection who are initially accepted and placed into
apprenticeship programs in the construction and building
trades.
(d) The Department shall create and administer the Illinois
Works Bid Credit Program that shall provide economic
incentives, through bid credits, to encourage contractors and
subcontractors to provide contracting and employment
opportunities to historically underrepresented populations in

the construction industry.
The Illinois Works Bid Credit Program shall allow
contractors and subcontractors to earn bid credits for use
toward future bids for public works projects contracted by the
State or an agency of the State in order to increase the
chances that the contractor and the subcontractors will be
selected.
Contractors or subcontractors may be eligible for bid
credits for employing apprentices who have completed the
Illinois Works Preapprenticeship Program on public works
projects contracted by the State or any agency of the State.
Contractors or subcontractors shall earn bid credits at a rate
established by the Department and based on labor hours worked
on State-contracted public works projects by apprentices who
have completed the Illinois Works Preapprenticeship Program.
The Department shall establish the rate by rule and shall
publish it published on the Department's website. The rule may
include maximum bid credits allowed per contractor, per
subcontractor, per apprentice, per bid, or per year , including
any appropriate caps.
The Illinois Works Credit Bank is hereby created and shall
be administered by the Department. The Illinois Works Credit
Bank shall track the bid credits.
A contractor or subcontractor who has been awarded bid
credits under any other State program for employing apprentices
who have completed the Illinois Works Preapprenticeship

Program is not eligible to receive bid credits under the
Illinois Works Bid Credit Program relating to the same
contract.
The Department shall report to the Illinois Works Review
Panel the following: (i) the number of bid credits awarded by
the Department; (ii) the number of bid credits submitted by the
contractor or subcontractor to the agency administering the
public works contract; and (iii) the number of bid credits
accepted by the agency for such contract. Any agency that
awards bid credits pursuant to the Illinois Works Credit Bank
Program shall report to the Department the number of bid
credits it accepted for the public works contract.
Upon a finding that a contractor or subcontractor has
reported falsified records to the Department in order to
fraudulently obtain bid credits, the Department may shall
permanently bar the contractor or subcontractor from
participating in the Illinois Works Bid Credit Program and may
suspend the contractor or subcontractor from bidding on or
participating in any public works project. False or fraudulent
claims for payment relating to false bid credits may be subject
to damages and penalties under applicable law.
(e) The Department shall adopt any rules deemed necessary
to implement this Section. In order to provide for the
expeditious and timely implementation of this Act, the
Department may adopt emergency rules. The adoption of emergency
rules authorized by this subsection is deemed to be necessary

for the public interest, safety, and welfare.
(Source: P.A. 101-31, eff. 6-28-19.)
(30 ILCS 559/20-20)
Sec. 20-20. Illinois Works Apprenticeship Initiative.
(a) The Illinois Works Apprenticeship Initiative is
established and shall be administered by the Department.
(1) Subject to the exceptions set forth in subsection
(b) of this Section, apprentices shall be utilized on all
public works projects estimated to cost $500,000 or more in
accordance with this subsection (a).
(2) For public works projects estimated to cost
$500,000 or more, the goal of the Illinois Works
Apprenticeship Initiative is that apprentices will perform
either 10% of the total labor hours actually worked in each
prevailing wage classification or 10% of the estimated
labor hours in each prevailing wage classification,
whichever is less.
(b) Before or during the term of a contract subject to this
Section, the Department may reduce or waive the goals set forth
in paragraph (2) of subsection (a). Prior to the Department
granting a request for a reduction or waiver, the Department
shall determine, in its discretion, whether to hold a public
hearing on the request. In determining whether to hold a public
hearing, the Department may consider factors, including the
scale of the project and whether the contractor or

subcontractor seeking the reduction or waiver has previously
requested reductions or waivers on other projects. The
Department may also and shall consult with the Business
Enterprise Council under the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act and the
Chief Procurement Officer of the agency administering the
public works contract. The Department may grant a reduction or
waiver upon a determination that:
(1) the contractor or subcontractor has demonstrated
that insufficient apprentices are available;
(2) the reasonable and necessary requirements of the
contract do not allow the goal to be met;
(3) there is a disproportionately high ratio of
material costs to labor hours that makes meeting the goal
infeasible; or
(4) apprentice labor hour goals conflict with existing
requirements, including federal requirements, in
connection with the public work.
(c) Contractors and subcontractors must submit a
certification to the Department and the agency that is
administering the contract, or the grant agreement funding the
contract, demonstrating that the contractor or subcontractor
has either:
(1) met the apprentice labor hour goals set forth in
paragraph (2) of subsection (a); or
(2) received a reduction or waiver pursuant to

subsection (b).
It shall be deemed to be a material breach of the contract,
or the grant agreement funding the contract, and entitle the
State to declare a default, terminate the contract or grant
agreement funding it, and exercise those remedies provided for
in the contract, at law, or in equity if the contractor or
subcontractor fails to submit the certification required in
this subsection or submits false or misleading information.
(d) No later than one year after the effective date of this
Act, and by April 1 of every calendar year thereafter, the
Department of Labor shall submit a report to the Illinois Works
Review Panel regarding the use of apprentices under the
Illinois Works Apprenticeship Initiative for public works
projects. To the extent it is available, the report shall
include the following information:
(1) the total number of labor hours on each project and
the percentage of labor hours actually worked by
apprentices on each public works project;
(2) the number of apprentices used in each public works
project, broken down by trade; and
(3) the number and percentage of minorities, women, and
veterans utilized as apprentices on each public works
project.
(e) The Department shall adopt any rules deemed necessary
to implement the Illinois Works Apprenticeship Initiative. In
order to provide for the expeditious and timely implementation

of this Act, the Department may adopt emergency rules. The
adoption of emergency rules authorized by this subsection is
deemed to be necessary for the public interest, safety, and
welfare.
(f) The Illinois Works Apprenticeship Initiative shall not
interfere with any contracts or grants program in existence on
the effective date of this Act.
(g) Notwithstanding any provisions to the contrary in this
Act, any State agency that administers a construction program
for which federal law or regulations establish standards and
procedures for the utilization of apprentices may implement the
Illinois Works Apprenticeship Initiative using the federal
standards and procedures for the establishment of goals and
utilization procedures for the State-funded, as well as the
federally assisted, portions of the program. In such cases,
these goals shall not exceed those established pursuant to the
relevant federal statutes or regulations.
(Source: P.A. 101-31, eff. 6-28-19.)
(30 ILCS 559/20-25)
Sec. 20-25. The Illinois Works Review Panel.
(a) The Illinois Works Review Panel is created and shall be
comprised of 25 11 members, each serving 3-year terms. The
Speaker of the House of Representatives and the President of
the Senate shall each appoint 5 2 members. The Minority Leader
of the House of Representatives and the Minority Leader of the

Senate shall each appoint 5 members one member. The Director of
Commerce and Economic Opportunity, or his or her designee,
shall serve as a member. The Governor shall appoint the
following individuals to serve as members: a representative
from a contractor organization; a representative from a labor
organization; and 2 members of the public with workforce
development expertise, one of whom shall be a representative of
a nonprofit organization that addresses workforce development.
(b) The members of the Illinois Works Review Panel shall
make recommendations to the Department regarding
identification and evaluation of community-based
organizations.
(c) The Illinois Works Review Panel shall meet, at least
quarterly, to review and evaluate (i) the Illinois Works
Preapprenticeship Program and the Illinois Works
Apprenticeship Initiative, (ii) ideas to diversify the trainee
corps in the Illinois Works Preapprenticeship Program and the
workforce in the construction industry in Illinois, (iii) ideas
to increase diversity in active apprenticeship programs in
Illinois, and (iv) (iii) workforce demographic data collected
by the Illinois Department of Labor.
(d) All State contracts and grant agreements funding State
contracts shall include a requirement that the contractor and
subcontractor shall, upon reasonable notice, appear before and
respond to requests for information from the Illinois Works
Review Panel.

(e) By August 1, 2020, and every August 1 thereafter, the
Illinois Works Review Panel shall report to the General
Assembly on its evaluation of the Illinois Works
Preapprenticeship Program and the Illinois Works
Apprenticeship Initiative, including any recommended
modifications.
(Source: P.A. 101-31, eff. 6-28-19.)
Article 2
Section 2-5. The Department of Labor Law of the Civil
Administrative Code of Illinois is amended by changing Section
1505-215 as follows:
(20 ILCS 1505/1505-215)
(This Section may contain text from a Public Act with a
delayed effective date)
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

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,
other State agencies, or public institutions of higher
education 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.
(Source: P.A. 101-170, eff. 1-1-20.)
Section 2-10. The Business Enterprise for Minorities,
Women, and Persons with Disabilities Act is amended by changing
Sections 2, 4, 5, and 7 as follows:
(30 ILCS 575/2)
(Section scheduled to be repealed on June 30, 2024)
Sec. 2. Definitions.
(A) For the purpose of this Act, the following terms shall
have the following definitions:
(1) "Minority person" shall mean a person who is a
citizen or lawful permanent resident of the United States
and who is any of the following:
(a) American Indian or Alaska Native (a person
having origins in any of the original peoples of North
and South America, including Central America, and who
maintains tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited
to, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam).
(c) Black or African American (a person having

origins in any of the black racial groups of Africa).
Terms such as "Haitian" or "Negro" can be used in
addition to "Black or African American".
(d) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(2) "Woman" shall mean a person who is a citizen or
lawful permanent resident of the United States and who is
of the female gender.
(2.05) "Person with a disability" means a person who is
a citizen or lawful resident of the United States and is a
person qualifying as a person with a disability under
subdivision (2.1) of this subsection (A).
(2.1) "Person with a disability" means a person with a
severe physical or mental disability that:
(a) results from:
amputation,
arthritis,
autism,
blindness,
burn injury,
cancer,
cerebral palsy,

Crohn's disease,
cystic fibrosis,
deafness,
head injury,
heart disease,
hemiplegia,
hemophilia,
respiratory or pulmonary dysfunction,
an intellectual disability,
mental illness,
multiple sclerosis,
muscular dystrophy,
musculoskeletal disorders,
neurological disorders, including stroke and
epilepsy,
paraplegia,
quadriplegia and other spinal cord conditions,
sickle cell anemia,
ulcerative colitis,
specific learning disabilities, or
end stage renal failure disease; and
(b) substantially limits one or more of the
person's major life activities.
Another disability or combination of disabilities may
also be considered as a severe disability for the purposes
of item (a) of this subdivision (2.1) if it is determined

by an evaluation of rehabilitation potential to cause a
comparable degree of substantial functional limitation
similar to the specific list of disabilities listed in item
(a) of this subdivision (2.1).
(3) "Minority-owned business" means a business which
is at least 51% owned by one or more minority persons, or
in the case of a corporation, at least 51% of the stock in
which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who
own it.
(4) "Women-owned business" means a business which is at
least 51% owned by one or more women, or, in the case of a
corporation, at least 51% of the stock in which is owned by
one or more women; and the management and daily business
operations of which are controlled by one or more of the
women who own it.
(4.1) "Business owned by a person with a disability"
means a business that is at least 51% owned by one or more
persons with a disability and the management and daily
business operations of which are controlled by one or more
of the persons with disabilities who own it. A
not-for-profit agency for persons with disabilities that
is exempt from taxation under Section 501 of the Internal
Revenue Code of 1986 is also considered a "business owned
by a person with a disability".

(4.2) "Council" means the Business Enterprise Council
for Minorities, Women, and Persons with Disabilities
created under Section 5 of this Act.
(5) "State contracts" means all contracts entered into
by the State, any agency or department thereof, or any
public institution of higher education, including
community college districts, regardless of the source of
the funds with which the contracts are paid, which are not
subject to federal reimbursement. "State contracts" does
not include contracts awarded by a retirement system,
pension fund, or investment board subject to Section
1-109.1 of the Illinois Pension Code. This definition shall
control over any existing definition under this Act or
applicable administrative rule.
"State construction contracts" means all State
contracts entered into by a State agency or public
institution of higher education for the repair,
remodeling, renovation or construction of a building or
structure, or for the construction or maintenance of a
highway defined in Article 2 of the Illinois Highway Code.
(6) "State agencies" shall mean all departments,
officers, boards, commissions, institutions and bodies
politic and corporate of the State, but does not include
the Board of Trustees of the University of Illinois, the
Board of Trustees of Southern Illinois University, the
Board of Trustees of Chicago State University, the Board of

Trustees of Eastern Illinois University, the Board of
Trustees of Governors State University, the Board of
Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of
Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, municipalities or
other local governmental units, or other State
constitutional officers.
(7) "Public institutions of higher education" means
the University of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the public
community colleges of the State, and any other public
universities, colleges, and community colleges now or
hereafter established or authorized by the General
Assembly.
(8) "Certification" means a determination made by the
Council or by one delegated authority from the Council to
make certifications, or by a State agency with statutory
authority to make such a certification, that a business
entity is a business owned by a minority, woman, or person
with a disability for whatever purpose. A business owned
and controlled by women shall be certified as a
"woman-owned business". A business owned and controlled by

women who are also minorities shall be certified as both a
"women-owned business" and a "minority-owned business".
(9) "Control" means the exclusive or ultimate and sole
control of the business including, but not limited to,
capital investment and all other financial matters,
property, acquisitions, contract negotiations, legal
matters, officer-director-employee selection and
comprehensive hiring, operating responsibilities,
cost-control matters, income and dividend matters,
financial transactions and rights of other shareholders or
joint partners. Control shall be real, substantial and
continuing, not pro forma. Control shall include the power
to direct or cause the direction of the management and
policies of the business and to make the day-to-day as well
as major decisions in matters of policy, management and
operations. Control shall be exemplified by possessing the
requisite knowledge and expertise to run the particular
business and control shall not include simple majority or
absentee ownership.
(10) "Business" means a business that has annual gross
sales of less than $75,000,000 as evidenced by the federal
income tax return of the business. A firm with gross sales
in excess of this cap may apply to the Council for
certification for a particular contract if the firm can
demonstrate that the contract would have significant
impact on businesses owned by minorities, women, or persons

with disabilities as suppliers or subcontractors or in
employment of minorities, women, or persons with
disabilities.
(11) "Utilization plan" means a form and additional
documentations included in all bids or proposals that
demonstrates a vendor's proposed utilization of vendors
certified by the Business Enterprise Program to meet the
targeted goal. The utilization plan shall demonstrate that
the Vendor has either: (1) met the entire contract goal or
(2) requested a full or partial waiver and made good faith
efforts towards meeting the goal.
(12) "Business Enterprise Program" means the Business
Enterprise Program of the Department of Central Management
Services.
(B) When a business is owned at least 51% by any
combination of minority persons, women, or persons with
disabilities, even though none of the 3 classes alone holds at
least a 51% interest, the ownership requirement for purposes of
this Act is considered to be met. The certification category
for the business is that of the class holding the largest
ownership interest in the business. If 2 or more classes have
equal ownership interests, the certification category shall be
determined by the business.
(Source: P.A. 99-143, eff. 7-27-15; 99-462, eff. 8-25-15;
99-642, eff. 7-28-16; 100-391, eff. 8-25-17.)

(30 ILCS 575/4) (from Ch. 127, par. 132.604)
(Text of Section before amendment by P.A. 101-170)
(Section scheduled to be repealed on June 30, 2024)
Sec. 4. Award of State contracts.
(a) Except as provided in subsection 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
represents the participation of businesses owned by
minorities, women, and persons with disabilities on such
contracts shall be included. State contracts subject to the

requirements of this Act shall include the requirement that
only expenditures to businesses owned by minorities, women, and
persons with disabilities that perform a commercially useful
function may be counted toward the goals set forth by this Act.
Contracts shall include a definition of "commercially useful
function" that is consistent with 49 CFR 26.55(c).
(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-owned and women-owned businesses.
(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 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. By December 1, 2022, the
Department of Central Management Services Business Enterprise
Program shall develop a model for social scientific disparity
study sourcing for local governmental units to adapt and
implement to address regional disparities in public
procurement.
(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
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.)
(Text of Section after amendment by P.A. 101-170)
(Section scheduled to be repealed on June 30, 2024)
Sec. 4. Award of State contracts.
(a) Except as provided in subsection 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
represents the participation of businesses owned by
minorities, women, and persons with disabilities on such
contracts shall be included. State contracts subject to the
requirements of this Act shall include the requirement that
only expenditures to businesses owned by minorities, women, and
persons with disabilities that perform a commercially useful
function may be counted toward the goals set forth by this Act.
Contracts shall include a definition of "commercially useful
function" that is consistent with 49 CFR 26.55(c).
(b) Not less than 20% of the total dollar amount of State
construction contracts is established as an aspirational goal
to be awarded to businesses owned by minorities, women, and
persons with disabilities; provided that, 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; and contracts representing at least
2% of the total dollar amount of State construction contracts
shall be awarded to businesses owned by persons with
disabilities.
(c) (Blank).
(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.
By December 1, 2020, the Department of Central Management
Services shall conduct a new social scientific study that
measures the impact of discrimination on minority and women
business development in Illinois. By June 1, 2022, 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, the Advisory Board, and the General Assembly. By

December 1, 2022, the Department of Central Management Services
Business Enterprise Program shall develop a model for social
scientific disparity study sourcing for local governmental
units to adapt and implement to address regional disparities in
public procurement.
(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
subcontractors who are owned by minorities or women. Any
increase in cost to a contract for the addition of a
subcontractor to cure a bid's deficiency shall not affect the
bid price, shall not be used in the request for an exemption in
this Act, and 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. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20.)
(30 ILCS 575/5) (from Ch. 127, par. 132.605)
(Section scheduled to be repealed on June 30, 2024)
Sec. 5. Business Enterprise Council.
(1) To help implement, monitor and enforce the goals of
this Act, there is created the Business Enterprise Council for
Minorities, Women, and Persons with Disabilities, hereinafter
referred to as the Council, composed of the Secretary of Human
Services and the Directors of the Department of Human Rights,
the Department of Commerce and Economic Opportunity, the
Department of Central Management Services, the Department of
Transportation and the Capital Development Board, or their duly
appointed representatives, with the Comptroller, or his or her
designee, serving as an advisory member of the Council. Ten
individuals representing businesses that are minority-owned or
women-owned or owned by persons with disabilities, 2
individuals representing the business community, and a
representative of public institutions of higher education
shall be appointed by the Governor. These members shall serve 2
year terms and shall be eligible for reappointment. Any vacancy

occurring on the Council shall also be filled by the Governor.
Any member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed
shall be appointed for the remainder of such term. Members of
the Council shall serve without compensation but shall be
reimbursed for any ordinary and necessary expenses incurred in
the performance of their duties.
The Director of the Department of Central Management
Services shall serve as the Council chairperson and shall
select, subject to approval of the council, a Secretary
responsible for the operation of the program who shall serve as
the Division Manager of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Division of the Department
of Central Management Services.
The Director of each State agency and the chief executive
officer of each public institutions of higher education shall
appoint a liaison to the Council. The liaison shall be
responsible for submitting to the Council any reports and
documents necessary under this Act.
(2) The Council's authority and responsibility shall be to:
(a) Devise a certification procedure to assure that
businesses taking advantage of this Act are legitimately
classified as businesses owned by minorities, women, or
persons with disabilities and a registration procedure to
recognize, without additional evidence of Business
Enterprise Program eligibility, the certification of

businesses owned by minorities, women, or persons with
disabilities certified by the City of Chicago, Cook County,
or other jurisdictional programs with requirements and
procedures equaling or exceeding those in this Act.
(b) Maintain a list of all businesses legitimately
classified as businesses owned by minorities, women, or
persons with disabilities to provide to State agencies and
public institutions of higher education.
(c) Review rules and regulations for the
implementation of the program for businesses owned by
minorities, women, and persons with disabilities.
(d) Review compliance plans submitted by each State
agency and public institutions of higher education
pursuant to this Act.
(e) Make annual reports as provided in Section 8f to
the Governor and the General Assembly on the status of the
program.
(f) Serve as a central clearinghouse for information on
State contracts, including the maintenance of a list of all
pending State contracts upon which businesses owned by
minorities, women, and persons with disabilities may bid.
At the Council's discretion, maintenance of the list may
include 24-hour electronic access to the list along with
the bid and application information.
(g) Establish a toll free telephone number to
facilitate information requests concerning the

certification process and pending contracts.
(3) No premium bond rate of a surety company for a bond
required of a business owned by a minority, woman, or person
with a disability bidding for a State contract shall be higher
than the lowest rate charged by that surety company for a
similar bond in the same classification of work that would be
written for a business not owned by a minority, woman, or
person with a disability.
(4) Any Council member who has direct financial or personal
interest in any measure pending before the Council shall
disclose this fact to the Council and refrain from
participating in the determination upon such measure.
(5) The Secretary shall have the following duties and
responsibilities:
(a) To be responsible for the day-to-day operation of
the Council.
(b) To serve as a coordinator for all of the State's
programs for businesses owned by minorities, women, and
persons with disabilities and as the information and
referral center for all State initiatives for businesses
owned by minorities, women, and persons with disabilities.
(c) To establish an enforcement procedure whereby the
Council may recommend to the appropriate State legal
officer that the State exercise its legal remedies which
shall include (1) termination of the contract involved, (2)
prohibition of participation by the respondent in public

contracts for a period not to exceed 3 years, (3)
imposition of a penalty not to exceed any profit acquired
as a result of violation, or (4) any combination thereof.
Such procedures shall require prior approval by Council.
All funds collected as penalties under this subsection
shall be used exclusively for maintenance and further
development of the Business Enterprise Program and
encouragement of participation in State procurement by
minorities, women, and persons with disabilities.
(d) To devise appropriate policies, regulations and
procedures for including participation by businesses owned
by minorities, women, and persons with disabilities as
prime contractors including, but not limited to, (i)
encouraging the inclusions of qualified businesses owned
by minorities, women, and persons with disabilities on
solicitation lists, (ii) investigating the potential of
blanket bonding programs for small construction jobs,
(iii) investigating and making recommendations concerning
the use of the sheltered market process.
(e) To devise procedures for the waiver of the
participation goals in appropriate circumstances.
(f) To accept donations and, with the approval of the
Council or the Director of Central Management Services,
grants related to the purposes of this Act; to conduct
seminars related to the purpose of this Act and to charge
reasonable registration fees; and to sell directories,

vendor lists and other such information to interested
parties, except that forms necessary to become eligible for
the program shall be provided free of charge to a business
or individual applying for the program.
(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17;
100-801, eff. 8-10-18.)
(30 ILCS 575/7) (from Ch. 127, par. 132.607)
(Section scheduled to be repealed on June 30, 2024)
Sec. 7. Exemptions; waivers; publication of data.
(1) Individual contract exemptions. The Council, at the
written 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
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. The Council may charge a
reasonable fee for written request of individual contract
exemptions. Any such exemptions shall be given by the Council
to the Bureau on Apprenticeship Programs.
(a) Written request for contract exemption. A written
request for an individual contract exemption exception
must include, but is not limited to, the following:
(i) a list of eligible qualified businesses owned
by minorities, women, and persons with disabilities
that would qualify for the purpose of the contract;
(ii) a clear demonstration each business's
deficiency that the number of eligible businesses
identified in subparagraph (i) above is insufficient
to ensure 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; and
(iv) a list of eligible qualified businesses owned
by minorities, women, and persons with disabilities
that the contractor has used in the current and prior
most recent fiscal years year.

(b) Determination. The Council's determination
concerning an individual contract exemption must consider,
at a minimum, include the following:
(i) the justification for the requested exemption,
including whether diligent efforts were undertaken to
identify and solicit eligible businesses owned by
minorities, women, and persons with disabilities each
business's disqualification;
(ii) the total number of exemptions granted to
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 in the current and prior for that fiscal
years year; and
(iii) the percentage of affected agency or public
institution of higher education's most current
percentages in contracts awarded by the agency or
public institution of higher education to eligible
businesses owned by minorities, women, and persons
with disabilities in the current and prior for that
fiscal years year.
(2) Class exemptions.
(a) Creation. The Council, at the written 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. Any such exemption shall be
given by the Council to the Bureau on Apprenticeship
Programs.
(a-1) Written request for class exemption. A written
request for a class exemption exception must include, but
is not limited to, the following:
(i) a list of eligible qualified businesses owned
by minorities, women, and persons with disabilities
that pertain to the class of contracts in the requested
waiver;
(ii) a clear demonstration each business's
deficiency that the number of eligible businesses
identified in subparagraph (i) above is insufficient
to ensure would impair adequate competition or
qualification;
(iii) the difference in cost between the contract
proposals being offered by eligible 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; and
(iv) the number of class exemptions the affected
agency or public institution of higher education has
requested in the current and prior for that fiscal
years year.
(a-2) Determination. The Council's determination
concerning class exemptions must consider, at a minimum,
include the following:
(i) the justification for the requested exemption,
including whether diligent efforts were undertaken to
identify and solicit eligible businesses owned by
minorities, women, and persons with disabilities each
business's disqualification;
(ii) the total number of class exemptions granted
to waivers of the requesting agency or public
institution of higher education that have been granted
by the Council in the current and prior for that fiscal
years year; and
(iii) the percentage of agency or public
institution of higher education's most current
percentages in contracts awarded by the agency or
public institution of higher education to eligible
businesses owned by minorities, women, and persons
with disabilities the current and prior for that fiscal

years year.
(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. Any
such waiver shall also be transmitted in writing to the Bureau
on Apprenticeship Programs.
(a) Request for waiver. A contractor's request for a
waiver under this subsection (3) must include, but is not
limited to, the following, if available:
(i) a list of eligible qualified businesses owned
by minorities, women, and persons with disabilities
that pertain to the class of contracts in the requested
waiver;
(ii) a clear demonstration each business's
deficiency that the number of eligible businesses
identified in subparagraph (i) above is insufficient
to ensure 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; and .
(iv) a list of businesses owned by minorities,
women, and persons with disabilities that the
contractor has used in the current and prior fiscal
years.
(b) Determination. The Council's determination
concerning waivers must include following:
(i) the justification for the requested waiver,
including whether the requesting contractor made a
good faith effort to identify and solicit eligible
businesses owned by minorities, women, and persons
with disabilities each business's disqualification;
(ii) the total number of waivers the contractor has
been granted by the Council in the current and prior
for that fiscal years year;
(iii) the percentage of affected agency or public
institution of higher education's most current
percentages in contracts awarded by the agency or
public institution of higher education to eligible
businesses owned by minorities, women, and persons
with disabilities in the current and prior for that
fiscal years year; and
(iv) the contractor's use of a list of qualified

businesses owned by minorities, women, and persons
with disabilities that the contractor has used in the
current and prior most recent fiscal years year.
(3.5) (Blank). Fees. The Council may charge a fee for a
written request on individual contract exemptions. The Council
shall not charge for a first request. For a second request, the
Council shall charge no more than $1,000. For a fifth request
or higher from a contractor, the Council shall charge no more
than $5,000 per request. The Department shall collect the fees
under this Section. Any fee collected under this Section shall
be used by the Bureau on Apprenticeship Programs to increase
minority participation in apprenticeship programs in the
State.
(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
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. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
revised 9-20-19.)
Section 2-15. The Criminal Code of 2012 is amended by
changing Section 17-10.3 as follows:

(720 ILCS 5/17-10.3)
(Text of Section before amendment by P.A. 101-170)
Sec. 17-10.3. Deception relating to certification of
disadvantaged business enterprises.
(a) Fraudulently obtaining or retaining certification. A
person who, in the course of business, fraudulently obtains or
retains certification as a minority-owned business,
women-owned business, service-disabled veteran-owned small
business, or veteran-owned small business commits a Class 2
felony.
(b) Willfully making a false statement. A person who, in
the course of business, willfully makes a false statement
whether by affidavit, report or other representation, to an
official or employee of a State agency or the Business
Enterprise Council for Minorities, Women, and Persons with
Disabilities for the purpose of influencing the certification
or denial of certification of any business entity as a
minority-owned business, women-owned business,
service-disabled veteran-owned small business, or
veteran-owned small business commits a Class 2 felony.
(c) Willfully obstructing or impeding an official or
employee of any agency in his or her investigation. Any person
who, in the course of business, willfully obstructs or impedes
an official or employee of any State agency or the Business
Enterprise Council for Minorities, Women, and Persons with
Disabilities who is investigating the qualifications of a

business entity which has requested certification as a
minority-owned business, women-owned business,
service-disabled veteran-owned small business, or
veteran-owned small business commits a Class 2 felony.
(d) Fraudulently obtaining public moneys reserved for
disadvantaged business enterprises. Any person who, in the
course of business, fraudulently obtains public moneys
reserved for, or allocated or available to, minority-owned
businesses, women-owned businesses, service-disabled
veteran-owned small businesses, or veteran-owned small
businesses commits a Class 2 felony.
(e) Definitions. As used in this Article, "minority-owned
business", "women-owned business", "State agency" with respect
to minority-owned businesses and women-owned businesses, and
"certification" with respect to minority-owned businesses and
women-owned businesses shall have the meanings ascribed to them
in Section 2 of the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act. As used in this Article,
"service-disabled veteran-owned small business",
"veteran-owned small business", "State agency" with respect to
service-disabled veteran-owned small businesses and
veteran-owned small businesses, and "certification" with
respect to service-disabled veteran-owned small businesses and
veteran-owned small businesses have the same meanings as in
Section 45-57 of the Illinois Procurement Code.
(Source: P.A. 100-391, eff. 8-25-17.)

(Text of Section after amendment by P.A. 101-170)
Sec. 17-10.3. Deception relating to certification of
disadvantaged business enterprises.
(a) Fraudulently obtaining or retaining certification. A
person who, in the course of business, fraudulently obtains or
retains certification as a minority-owned business,
women-owned business, service-disabled veteran-owned small
business, or veteran-owned small business commits a Class 2 1
felony.
(b) Willfully making a false statement. A person who, in
the course of business, willfully makes a false statement
whether by affidavit, report or other representation, to an
official or employee of a State agency or the Business
Enterprise Council for Minorities, Women, and Persons with
Disabilities for the purpose of influencing the certification
or denial of certification of any business entity as a
minority-owned business, women-owned business,
service-disabled veteran-owned small business, or
veteran-owned small business commits a Class 2 1 felony.
(c) Willfully obstructing or impeding an official or
employee of any agency in his or her investigation. Any person
who, in the course of business, willfully obstructs or impedes
an official or employee of any State agency or the Business
Enterprise Council for Minorities, Women, and Persons with
Disabilities who is investigating the qualifications of a

business entity which has requested certification as a
minority-owned business, women-owned business,
service-disabled veteran-owned small business, or
veteran-owned small business commits a Class 2 1 felony.
(d) Fraudulently obtaining public moneys reserved for
disadvantaged business enterprises. Any person who, in the
course of business, fraudulently obtains public moneys
reserved for, or allocated or available to, minority-owned
businesses, women-owned businesses, service-disabled
veteran-owned small businesses, or veteran-owned small
businesses commits a Class 2 1 felony.
(e) Definitions. As used in this Article, "minority-owned
business", "women-owned business", "State agency" with respect
to minority-owned businesses and women-owned businesses, and
"certification" with respect to minority-owned businesses and
women-owned businesses shall have the meanings ascribed to them
in Section 2 of the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act. As used in this Article,
"service-disabled veteran-owned small business",
"veteran-owned small business", "State agency" with respect to
service-disabled veteran-owned small businesses and
veteran-owned small businesses, and "certification" with
respect to service-disabled veteran-owned small businesses and
veteran-owned small businesses have the same meanings as in
Section 45-57 of the Illinois Procurement Code.
(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20.)

Article 99
Section 99-95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that text
does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.