Bill Text: IL SB0262 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Taxation Disclosure Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0391 [SB0262 Detail]
Download: Illinois-2017-SB0262-Enrolled.html
Bill Title: Amends the Taxation Disclosure Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0391 [SB0262 Detail]
Download: Illinois-2017-SB0262-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Comptroller Act is amended by changing | ||||||
5 | Section 23.9 as follows:
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6 | (15 ILCS 405/23.9) | ||||||
7 | Sec. 23.9. Minority Contractor Opportunity Initiative. The | ||||||
8 | State Comptroller Minority Contractor Opportunity Initiative | ||||||
9 | is created to provide greater opportunities for minority-owned | ||||||
10 | businesses, women-owned female-owned businesses, businesses | ||||||
11 | owned by persons with disabilities, and small businesses with | ||||||
12 | 20 or fewer employees in this State to participate in the State | ||||||
13 | procurement process. The initiative shall be administered by | ||||||
14 | the Comptroller. Under this initiative, the Comptroller is | ||||||
15 | responsible for the following: (i) outreach to minority-owned | ||||||
16 | businesses, women-owned female-owned businesses, businesses | ||||||
17 | owned by persons with disabilities, and small businesses | ||||||
18 | capable of providing services to the State; (ii) education of | ||||||
19 | minority-owned businesses, women-owned female-owned | ||||||
20 | businesses, businesses owned by persons with disabilities, and | ||||||
21 | small businesses concerning State contracting and procurement; | ||||||
22 | (iii) notification of minority-owned businesses, women-owned | ||||||
23 | female-owned businesses, businesses owned by persons with |
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1 | disabilities, and small businesses of State contracting | ||||||
2 | opportunities; and (iv) maintenance of an online database of | ||||||
3 | State contracts that identifies the contracts awarded to | ||||||
4 | minority-owned businesses, women-owned female-owned | ||||||
5 | businesses, businesses owned by persons with disabilities, and | ||||||
6 | small businesses that includes the total amount paid by State | ||||||
7 | agencies to contractors and the percentage paid to | ||||||
8 | minority-owned businesses, women-owned female-owned | ||||||
9 | businesses, businesses owned by persons with disabilities, and | ||||||
10 | small businesses. | ||||||
11 | The Comptroller shall work with the Business Enterprise | ||||||
12 | Council created under Section 5 of the Business Enterprise for | ||||||
13 | Minorities, Women Females , and Persons with Disabilities Act to | ||||||
14 | fulfill the Comptroller's responsibilities under this Section. | ||||||
15 | The Comptroller may rely on the Business Enterprise Council's | ||||||
16 | identification of minority-owned businesses, women-owned | ||||||
17 | female-owned businesses, and businesses owned by persons with | ||||||
18 | disabilities. | ||||||
19 | The Comptroller shall annually prepare and submit a report | ||||||
20 | to the Governor and the General Assembly concerning the | ||||||
21 | progress of this initiative including the following | ||||||
22 | information for the preceding calendar year: (i) a statement of | ||||||
23 | the total amounts paid by each executive branch agency to | ||||||
24 | contractors since the previous report; (ii) the percentage of | ||||||
25 | the amounts that were paid to minority-owned businesses, | ||||||
26 | women-owned female-owned businesses, businesses owned by |
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1 | persons with disabilities, and small businesses; (iii) the | ||||||
2 | successes achieved and the challenges faced by the Comptroller | ||||||
3 | in operating outreach programs for minorities, women, persons | ||||||
4 | with disabilities, and small businesses; (iv) the challenges | ||||||
5 | each executive branch agency may face in hiring qualified | ||||||
6 | minority, woman female , and small business employees and | ||||||
7 | employees with disabilities and contracting with qualified | ||||||
8 | minority-owned businesses, women-owned female-owned | ||||||
9 | businesses, businesses owned by persons with disabilities, and | ||||||
10 | small businesses; and (iv) any other information, findings, | ||||||
11 | conclusions, and recommendations for legislative or agency | ||||||
12 | action, as the Comptroller deems appropriate. | ||||||
13 | On and after the effective date of this amendatory Act of | ||||||
14 | the 97th General Assembly, any bidder or offeror awarded a | ||||||
15 | contract of $1,000 or more under Section 20-10, 20-15, 20-25, | ||||||
16 | or 20-30 of the Illinois Procurement Code is required to pay a | ||||||
17 | fee of $15 to cover expenses related to the administration of | ||||||
18 | this Section. The Comptroller shall deduct the fee from the | ||||||
19 | first check issued to the vendor under the contract and deposit | ||||||
20 | the fee into the Comptroller's Administrative Fund. Contracts | ||||||
21 | administered for statewide orders placed by agencies (commonly | ||||||
22 | referred to as "statewide master contracts") are exempt from | ||||||
23 | this fee.
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24 | (Source: P.A. 98-797, eff. 7-31-14; 99-143, eff. 7-27-15.)
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25 | (20 ILCS 605/605-525 rep.) |
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1 | Section 10. The Department of Commerce and Economic | ||||||
2 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
3 | amended by repealing Section 605-525.
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4 | Section 15. The Illinois Lottery Law is amended by changing | ||||||
5 | Section 9.1 as follows:
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6 | (20 ILCS 1605/9.1) | ||||||
7 | Sec. 9.1. Private manager and management agreement. | ||||||
8 | (a) As used in this Section: | ||||||
9 | "Offeror" means a person or group of persons that responds | ||||||
10 | to a request for qualifications under this Section. | ||||||
11 | "Request for qualifications" means all materials and | ||||||
12 | documents prepared by the Department to solicit the following | ||||||
13 | from offerors: | ||||||
14 | (1) Statements of qualifications. | ||||||
15 | (2) Proposals to enter into a management agreement, | ||||||
16 | including the identity of any prospective vendor or vendors | ||||||
17 | that the offeror intends to initially engage to assist the | ||||||
18 | offeror in performing its obligations under the management | ||||||
19 | agreement. | ||||||
20 | "Final offer" means the last proposal submitted by an | ||||||
21 | offeror in response to the request for qualifications, | ||||||
22 | including the identity of any prospective vendor or vendors | ||||||
23 | that the offeror intends to initially engage to assist the | ||||||
24 | offeror in performing its obligations under the management |
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1 | agreement. | ||||||
2 | "Final offeror" means the offeror ultimately selected by | ||||||
3 | the Governor to be the private manager for the Lottery under | ||||||
4 | subsection (h) of this Section. | ||||||
5 | (b) By September 15, 2010, the Governor shall select a | ||||||
6 | private manager for the total management of the Lottery with | ||||||
7 | integrated functions, such as lottery game design, supply of | ||||||
8 | goods and services, and advertising and as specified in this | ||||||
9 | Section. | ||||||
10 | (c) Pursuant to the terms of this subsection, the | ||||||
11 | Department shall endeavor to expeditiously terminate the | ||||||
12 | existing contracts in support of the Lottery in effect on the | ||||||
13 | effective date of this amendatory Act of the 96th General | ||||||
14 | Assembly in connection with the selection of the private | ||||||
15 | manager. As part of its obligation to terminate these contracts | ||||||
16 | and select the private manager, the Department shall establish | ||||||
17 | a mutually agreeable timetable to transfer the functions of | ||||||
18 | existing contractors to the private manager so that existing | ||||||
19 | Lottery operations are not materially diminished or impaired | ||||||
20 | during the transition. To that end, the Department shall do the | ||||||
21 | following: | ||||||
22 | (1) where such contracts contain a provision | ||||||
23 | authorizing termination upon notice, the Department shall | ||||||
24 | provide notice of termination to occur upon the mutually | ||||||
25 | agreed timetable for transfer of functions; | ||||||
26 | (2) upon the expiration of any initial term or renewal |
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1 | term of the current Lottery contracts, the Department shall | ||||||
2 | not renew such contract for a term extending beyond the | ||||||
3 | mutually agreed timetable for transfer of functions; or | ||||||
4 | (3) in the event any current contract provides for | ||||||
5 | termination of that contract upon the implementation of a | ||||||
6 | contract with the private manager, the Department shall | ||||||
7 | perform all necessary actions to terminate the contract on | ||||||
8 | the date that coincides with the mutually agreed timetable | ||||||
9 | for transfer of functions. | ||||||
10 | If the contracts to support the current operation of the | ||||||
11 | Lottery in effect on the effective date of this amendatory Act | ||||||
12 | of the 96th General Assembly are not subject to termination as | ||||||
13 | provided for in this subsection (c), then the Department may | ||||||
14 | include a provision in the contract with the private manager | ||||||
15 | specifying a mutually agreeable methodology for incorporation. | ||||||
16 | (c-5) The Department shall include provisions in the | ||||||
17 | management agreement whereby the private manager shall, for a | ||||||
18 | fee, and pursuant to a contract negotiated with the Department | ||||||
19 | (the "Employee Use Contract"), utilize the services of current | ||||||
20 | Department employees to assist in the administration and | ||||||
21 | operation of the Lottery. The Department shall be the employer | ||||||
22 | of all such bargaining unit employees assigned to perform such | ||||||
23 | work for the private manager, and such employees shall be State | ||||||
24 | employees, as defined by the Personnel Code. Department | ||||||
25 | employees shall operate under the same employment policies, | ||||||
26 | rules, regulations, and procedures, as other employees of the |
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1 | Department. In addition, neither historical representation | ||||||
2 | rights under the Illinois Public Labor Relations Act, nor | ||||||
3 | existing collective bargaining agreements, shall be disturbed | ||||||
4 | by the management agreement with the private manager for the | ||||||
5 | management of the Lottery. | ||||||
6 | (d) The management agreement with the private manager shall | ||||||
7 | include all of the following: | ||||||
8 | (1) A term not to exceed 10 years, including any | ||||||
9 | renewals. | ||||||
10 | (2) A provision specifying that the Department: | ||||||
11 | (A) shall exercise actual control over all | ||||||
12 | significant business decisions; | ||||||
13 | (A-5) has the authority to direct or countermand | ||||||
14 | operating decisions by the private manager at any time; | ||||||
15 | (B) has ready access at any time to information | ||||||
16 | regarding Lottery operations; | ||||||
17 | (C) has the right to demand and receive information | ||||||
18 | from the private manager concerning any aspect of the | ||||||
19 | Lottery operations at any time; and | ||||||
20 | (D) retains ownership of all trade names, | ||||||
21 | trademarks, and intellectual property associated with | ||||||
22 | the Lottery. | ||||||
23 | (3) A provision imposing an affirmative duty on the | ||||||
24 | private manager to provide the Department with material | ||||||
25 | information and with any information the private manager | ||||||
26 | reasonably believes the Department would want to know to |
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1 | enable the Department to conduct the Lottery. | ||||||
2 | (4) A provision requiring the private manager to | ||||||
3 | provide the Department with advance notice of any operating | ||||||
4 | decision that bears significantly on the public interest, | ||||||
5 | including, but not limited to, decisions on the kinds of | ||||||
6 | games to be offered to the public and decisions affecting | ||||||
7 | the relative risk and reward of the games being offered, so | ||||||
8 | the Department has a reasonable opportunity to evaluate and | ||||||
9 | countermand that decision. | ||||||
10 | (5) A provision providing for compensation of the | ||||||
11 | private manager that may consist of, among other things, a | ||||||
12 | fee for services and a performance based bonus as | ||||||
13 | consideration for managing the Lottery, including terms | ||||||
14 | that may provide the private manager with an increase in | ||||||
15 | compensation if Lottery revenues grow by a specified | ||||||
16 | percentage in a given year. | ||||||
17 | (6) (Blank). | ||||||
18 | (7) A provision requiring the deposit of all Lottery | ||||||
19 | proceeds to be deposited into the State Lottery Fund except | ||||||
20 | as otherwise provided in Section 20 of this Act. | ||||||
21 | (8) A provision requiring the private manager to locate | ||||||
22 | its principal office within the State. | ||||||
23 | (8-5) A provision encouraging that at least 20% of the | ||||||
24 | cost of contracts entered into for goods and services by | ||||||
25 | the private manager in connection with its management of | ||||||
26 | the Lottery, other than contracts with sales agents or |
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1 | technical advisors, be awarded to businesses that are a | ||||||
2 | minority-owned minority owned business, a women-owned | ||||||
3 | female owned business, or a business owned by a person with | ||||||
4 | disability, as those terms are defined in the Business | ||||||
5 | Enterprise for Minorities, Women Females , and Persons with | ||||||
6 | Disabilities Act. | ||||||
7 | (9) A requirement that so long as the private manager | ||||||
8 | complies with all the conditions of the agreement under the | ||||||
9 | oversight of the Department, the private manager shall have | ||||||
10 | the following duties and obligations with respect to the | ||||||
11 | management of the Lottery: | ||||||
12 | (A) The right to use equipment and other assets | ||||||
13 | used in the operation of the Lottery. | ||||||
14 | (B) The rights and obligations under contracts | ||||||
15 | with retailers and vendors. | ||||||
16 | (C) The implementation of a comprehensive security | ||||||
17 | program by the private manager. | ||||||
18 | (D) The implementation of a comprehensive system | ||||||
19 | of internal audits. | ||||||
20 | (E) The implementation of a program by the private | ||||||
21 | manager to curb compulsive gambling by persons playing | ||||||
22 | the Lottery. | ||||||
23 | (F) A system for determining (i) the type of | ||||||
24 | Lottery games, (ii) the method of selecting winning | ||||||
25 | tickets, (iii) the manner of payment of prizes to | ||||||
26 | holders of winning tickets, (iv) the frequency of |
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1 | drawings of winning tickets, (v) the method to be used | ||||||
2 | in selling tickets, (vi) a system for verifying the | ||||||
3 | validity of tickets claimed to be winning tickets, | ||||||
4 | (vii) the basis upon which retailer commissions are | ||||||
5 | established by the manager, and (viii) minimum | ||||||
6 | payouts. | ||||||
7 | (10) A requirement that advertising and promotion must | ||||||
8 | be consistent with Section 7.8a of this Act. | ||||||
9 | (11) A requirement that the private manager market the | ||||||
10 | Lottery to those residents who are new, infrequent, or | ||||||
11 | lapsed players of the Lottery, especially those who are | ||||||
12 | most likely to make regular purchases on the Internet as | ||||||
13 | permitted by law. | ||||||
14 | (12) A code of ethics for the private manager's | ||||||
15 | officers and employees. | ||||||
16 | (13) A requirement that the Department monitor and | ||||||
17 | oversee the private manager's practices and take action | ||||||
18 | that the Department considers appropriate to ensure that | ||||||
19 | the private manager is in compliance with the terms of the | ||||||
20 | management agreement, while allowing the manager, unless | ||||||
21 | specifically prohibited by law or the management | ||||||
22 | agreement, to negotiate and sign its own contracts with | ||||||
23 | vendors. | ||||||
24 | (14) A provision requiring the private manager to | ||||||
25 | periodically file, at least on an annual basis, appropriate | ||||||
26 | financial statements in a form and manner acceptable to the |
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1 | Department. | ||||||
2 | (15) Cash reserves requirements. | ||||||
3 | (16) Procedural requirements for obtaining the prior | ||||||
4 | approval of the Department when a management agreement or | ||||||
5 | an interest in a management agreement is sold, assigned, | ||||||
6 | transferred, or pledged as collateral to secure financing. | ||||||
7 | (17) Grounds for the termination of the management | ||||||
8 | agreement by the Department or the private manager. | ||||||
9 | (18) Procedures for amendment of the agreement. | ||||||
10 | (19) A provision requiring the private manager to | ||||||
11 | engage in an open and competitive bidding process for any | ||||||
12 | procurement having a cost in excess of $50,000 that is not | ||||||
13 | a part of the private manager's final offer. The process | ||||||
14 | shall favor the selection of a vendor deemed to have | ||||||
15 | submitted a proposal that provides the Lottery with the | ||||||
16 | best overall value. The process shall not be subject to the | ||||||
17 | provisions of the Illinois Procurement Code, unless | ||||||
18 | specifically required by the management agreement. | ||||||
19 | (20) The transition of rights and obligations, | ||||||
20 | including any associated equipment or other assets used in | ||||||
21 | the operation of the Lottery, from the manager to any | ||||||
22 | successor manager of the lottery, including the | ||||||
23 | Department, following the termination of or foreclosure | ||||||
24 | upon the management agreement. | ||||||
25 | (21) Right of use of copyrights, trademarks, and | ||||||
26 | service marks held by the Department in the name of the |
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1 | State. The agreement must provide that any use of them by | ||||||
2 | the manager shall only be for the purpose of fulfilling its | ||||||
3 | obligations under the management agreement during the term | ||||||
4 | of the agreement. | ||||||
5 | (22) The disclosure of any information requested by the | ||||||
6 | Department to enable it to comply with the reporting | ||||||
7 | requirements and information requests provided for under | ||||||
8 | subsection (p) of this Section. | ||||||
9 | (e) Notwithstanding any other law to the contrary, the | ||||||
10 | Department shall select a private manager through a competitive | ||||||
11 | request for qualifications process consistent with Section | ||||||
12 | 20-35 of the Illinois Procurement Code, which shall take into | ||||||
13 | account: | ||||||
14 | (1) the offeror's ability to market the Lottery to | ||||||
15 | those residents who are new, infrequent, or lapsed players | ||||||
16 | of the Lottery, especially those who are most likely to | ||||||
17 | make regular purchases on the Internet; | ||||||
18 | (2) the offeror's ability to address the State's | ||||||
19 | concern with the social effects of gambling on those who | ||||||
20 | can least afford to do so; | ||||||
21 | (3) the offeror's ability to provide the most | ||||||
22 | successful management of the Lottery for the benefit of the | ||||||
23 | people of the State based on current and past business | ||||||
24 | practices or plans of the offeror; and | ||||||
25 | (4) the offeror's poor or inadequate past performance | ||||||
26 | in servicing, equipping, operating or managing a lottery on |
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1 | behalf of Illinois, another State or foreign government and | ||||||
2 | attracting persons who are not currently regular players of | ||||||
3 | a lottery. | ||||||
4 | (f) The Department may retain the services of an advisor or | ||||||
5 | advisors with significant experience in financial services or | ||||||
6 | the management, operation, and procurement of goods, services, | ||||||
7 | and equipment for a government-run lottery to assist in the | ||||||
8 | preparation of the terms of the request for qualifications and | ||||||
9 | selection of the private manager. Any prospective advisor | ||||||
10 | seeking to provide services under this subsection (f) shall | ||||||
11 | disclose any material business or financial relationship | ||||||
12 | during the past 3 years with any potential offeror, or with a | ||||||
13 | contractor or subcontractor presently providing goods, | ||||||
14 | services, or equipment to the Department to support the | ||||||
15 | Lottery. The Department shall evaluate the material business or | ||||||
16 | financial relationship of each prospective advisor. The | ||||||
17 | Department shall not select any prospective advisor with a | ||||||
18 | substantial business or financial relationship that the | ||||||
19 | Department deems to impair the objectivity of the services to | ||||||
20 | be provided by the prospective advisor. During the course of | ||||||
21 | the advisor's engagement by the Department, and for a period of | ||||||
22 | one year thereafter, the advisor shall not enter into any | ||||||
23 | business or financial relationship with any offeror or any | ||||||
24 | vendor identified to assist an offeror in performing its | ||||||
25 | obligations under the management agreement. Any advisor | ||||||
26 | retained by the Department shall be disqualified from being an |
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1 | offeror.
The Department shall not include terms in the request | ||||||
2 | for qualifications that provide a material advantage whether | ||||||
3 | directly or indirectly to any potential offeror, or any | ||||||
4 | contractor or subcontractor presently providing goods, | ||||||
5 | services, or equipment to the Department to support the | ||||||
6 | Lottery, including terms contained in previous responses to | ||||||
7 | requests for proposals or qualifications submitted to | ||||||
8 | Illinois, another State or foreign government when those terms | ||||||
9 | are uniquely associated with a particular potential offeror, | ||||||
10 | contractor, or subcontractor. The request for proposals | ||||||
11 | offered by the Department on December 22, 2008 as | ||||||
12 | "LOT08GAMESYS" and reference number "22016176" is declared | ||||||
13 | void. | ||||||
14 | (g) The Department shall select at least 2 offerors as | ||||||
15 | finalists to potentially serve as the private manager no later | ||||||
16 | than August 9, 2010. Upon making preliminary selections, the | ||||||
17 | Department shall schedule a public hearing on the finalists' | ||||||
18 | proposals and provide public notice of the hearing at least 7 | ||||||
19 | calendar days before the hearing. The notice must include all | ||||||
20 | of the following: | ||||||
21 | (1) The date, time, and place of the hearing. | ||||||
22 | (2) The subject matter of the hearing. | ||||||
23 | (3) A brief description of the management agreement to | ||||||
24 | be awarded. | ||||||
25 | (4) The identity of the offerors that have been | ||||||
26 | selected as finalists to serve as the private manager. |
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1 | (5) The address and telephone number of the Department. | ||||||
2 | (h) At the public hearing, the Department shall (i) provide | ||||||
3 | sufficient time for each finalist to present and explain its | ||||||
4 | proposal to the Department and the Governor or the Governor's | ||||||
5 | designee, including an opportunity to respond to questions | ||||||
6 | posed by the Department, Governor, or designee and (ii) allow | ||||||
7 | the public and non-selected offerors to comment on the | ||||||
8 | presentations. The Governor or a designee shall attend the | ||||||
9 | public hearing. After the public hearing, the Department shall | ||||||
10 | have 14 calendar days to recommend to the Governor whether a | ||||||
11 | management agreement should be entered into with a particular | ||||||
12 | finalist. After reviewing the Department's recommendation, the | ||||||
13 | Governor may accept or reject the Department's recommendation, | ||||||
14 | and shall select a final offeror as the private manager by | ||||||
15 | publication of a notice in the Illinois Procurement Bulletin on | ||||||
16 | or before September 15, 2010. The Governor shall include in the | ||||||
17 | notice a detailed explanation and the reasons why the final | ||||||
18 | offeror is superior to other offerors and will provide | ||||||
19 | management services in a manner that best achieves the | ||||||
20 | objectives of this Section. The Governor shall also sign the | ||||||
21 | management agreement with the private manager. | ||||||
22 | (i) Any action to contest the private manager selected by | ||||||
23 | the Governor under this Section must be brought within 7 | ||||||
24 | calendar days after the publication of the notice of the | ||||||
25 | designation of the private manager as provided in subsection | ||||||
26 | (h) of this Section. |
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1 | (j) The Lottery shall remain, for so long as a private | ||||||
2 | manager manages the Lottery in accordance with provisions of | ||||||
3 | this Act, a Lottery conducted by the State, and the State shall | ||||||
4 | not be authorized to sell or transfer the Lottery to a third | ||||||
5 | party. | ||||||
6 | (k) Any tangible personal property used exclusively in | ||||||
7 | connection with the lottery that is owned by the Department and | ||||||
8 | leased to the private manager shall be owned by the Department | ||||||
9 | in the name of the State and shall be considered to be public | ||||||
10 | property devoted to an essential public and governmental | ||||||
11 | function. | ||||||
12 | (l) The Department may exercise any of its powers under | ||||||
13 | this Section or any other law as necessary or desirable for the | ||||||
14 | execution of the Department's powers under this Section. | ||||||
15 | (m) Neither this Section nor any management agreement | ||||||
16 | entered into under this Section prohibits the General Assembly | ||||||
17 | from authorizing forms of gambling that are not in direct | ||||||
18 | competition with the Lottery. | ||||||
19 | (n) The private manager shall be subject to a complete | ||||||
20 | investigation in the third, seventh, and tenth years of the | ||||||
21 | agreement (if the agreement is for a 10-year term) by the | ||||||
22 | Department in cooperation with the Auditor General to determine | ||||||
23 | whether the private manager has complied with this Section and | ||||||
24 | the management agreement. The private manager shall bear the | ||||||
25 | cost of an investigation or reinvestigation of the private | ||||||
26 | manager under this subsection. |
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1 | (o) The powers conferred by this Section are in addition | ||||||
2 | and supplemental to the powers conferred by any other law. If | ||||||
3 | any other law or rule is inconsistent with this Section, | ||||||
4 | including, but not limited to, provisions of the Illinois | ||||||
5 | Procurement Code, then this Section controls as to any | ||||||
6 | management agreement entered into under this Section. This | ||||||
7 | Section and any rules adopted under this Section contain full | ||||||
8 | and complete authority for a management agreement between the | ||||||
9 | Department and a private manager. No law, procedure, | ||||||
10 | proceeding, publication, notice, consent, approval, order, or | ||||||
11 | act by the Department or any other officer, Department, agency, | ||||||
12 | or instrumentality of the State or any political subdivision is | ||||||
13 | required for the Department to enter into a management | ||||||
14 | agreement under this Section. This Section contains full and | ||||||
15 | complete authority for the Department to approve any contracts | ||||||
16 | entered into by a private manager with a vendor providing | ||||||
17 | goods, services, or both goods and services to the private | ||||||
18 | manager under the terms of the management agreement, including | ||||||
19 | subcontractors of such vendors. | ||||||
20 | Upon receipt of a written request from the Chief | ||||||
21 | Procurement Officer, the Department shall provide to the Chief | ||||||
22 | Procurement Officer a complete and un-redacted copy of the | ||||||
23 | management agreement or any contract that is subject to the | ||||||
24 | Department's approval authority under this subsection (o). The | ||||||
25 | Department shall provide a copy of the agreement or contract to | ||||||
26 | the Chief Procurement Officer in the time specified by the |
| |||||||
| |||||||
1 | Chief Procurement Officer in his or her written request, but no | ||||||
2 | later than 5 business days after the request is received by the | ||||||
3 | Department. The Chief Procurement Officer must retain any | ||||||
4 | portions of the management agreement or of any contract | ||||||
5 | designated by the Department as confidential, proprietary, or | ||||||
6 | trade secret information in complete confidence pursuant to | ||||||
7 | subsection (g) of Section 7 of the Freedom of Information Act. | ||||||
8 | The Department shall also provide the Chief Procurement Officer | ||||||
9 | with reasonable advance written notice of any contract that is | ||||||
10 | pending Department approval. | ||||||
11 | Notwithstanding any other provision of this Section to the | ||||||
12 | contrary, the Chief Procurement Officer shall adopt | ||||||
13 | administrative rules, including emergency rules, to establish | ||||||
14 | a procurement process to select a successor private manager if | ||||||
15 | a private management agreement has been terminated. The | ||||||
16 | selection process shall at a minimum take into account the | ||||||
17 | criteria set forth in items (1) through (4) of subsection (e) | ||||||
18 | of this Section and may include provisions consistent with | ||||||
19 | subsections (f), (g), (h), and (i) of this Section. The Chief | ||||||
20 | Procurement Officer shall also implement and administer the | ||||||
21 | adopted selection process upon the termination of a private | ||||||
22 | management agreement. The Department, after the Chief | ||||||
23 | Procurement Officer certifies that the procurement process has | ||||||
24 | been followed in accordance with the rules adopted under this | ||||||
25 | subsection (o), shall select a final offeror as the private | ||||||
26 | manager and sign the management agreement with the private |
| |||||||
| |||||||
1 | manager. | ||||||
2 | Except as provided in Sections 21.5, 21.6, 21.7, 21.8, and | ||||||
3 | 21.9, the Department shall distribute all proceeds of lottery | ||||||
4 | tickets and shares sold in the following priority and manner: | ||||||
5 | (1) The payment of prizes and retailer bonuses. | ||||||
6 | (2) The payment of costs incurred in the operation and | ||||||
7 | administration of the Lottery, including the payment of | ||||||
8 | sums due to the private manager under the management | ||||||
9 | agreement with the Department. | ||||||
10 | (3) On the last day of each month or as soon thereafter | ||||||
11 | as possible, the State Comptroller shall direct and the | ||||||
12 | State Treasurer shall transfer from the State Lottery Fund | ||||||
13 | to the Common School Fund an amount that is equal to the | ||||||
14 | proceeds transferred in the corresponding month of fiscal | ||||||
15 | year 2009, as adjusted for inflation, to the Common School | ||||||
16 | Fund. | ||||||
17 | (4) On or before the last day of each fiscal year, | ||||||
18 | deposit any remaining proceeds, subject to payments under | ||||||
19 | items (1), (2), and (3) into the Capital Projects Fund each | ||||||
20 | fiscal year. | ||||||
21 | (p) The Department shall be subject to the following | ||||||
22 | reporting and information request requirements: | ||||||
23 | (1) the Department shall submit written quarterly | ||||||
24 | reports to the Governor and the General Assembly on the | ||||||
25 | activities and actions of the private manager selected | ||||||
26 | under this Section; |
| |||||||
| |||||||
1 | (2) upon request of the Chief Procurement Officer, the | ||||||
2 | Department shall promptly produce information related to | ||||||
3 | the procurement activities of the Department and the | ||||||
4 | private manager requested by the Chief Procurement | ||||||
5 | Officer; the Chief Procurement Officer must retain | ||||||
6 | confidential, proprietary, or trade secret information | ||||||
7 | designated by the Department in complete confidence | ||||||
8 | pursuant to subsection (g) of Section 7 of the Freedom of | ||||||
9 | Information Act; and | ||||||
10 | (3) at least 30 days prior to the beginning of the | ||||||
11 | Department's fiscal year, the Department shall prepare an | ||||||
12 | annual written report on the activities of the private | ||||||
13 | manager selected under this Section and deliver that report | ||||||
14 | to the Governor and General Assembly. | ||||||
15 | (Source: P.A. 98-463, eff. 8-16-13; 98-649, eff. 6-16-14; | ||||||
16 | 99-933, eff. 1-27-17.)
| ||||||
17 | Section 20. The Department of Transportation Law of the
| ||||||
18 | Civil Administrative Code of Illinois is amended by changing | ||||||
19 | Sections 2705-585 and 2705-600 as follows:
| ||||||
20 | (20 ILCS 2705/2705-585)
| ||||||
21 | Sec. 2705-585. Diversity goals. | ||||||
22 | (a) To the extent permitted by any applicable federal law | ||||||
23 | or regulation, all State construction projects funded from | ||||||
24 | amounts (i) made available under the Governor's Fiscal Year |
| |||||||
| |||||||
1 | 2009 supplemental budget or the American Recovery and | ||||||
2 | Reinvestment Act of 2009 and (ii) that are appropriated to the | ||||||
3 | Illinois Department of Transportation shall comply with the | ||||||
4 | Business Enterprise for Minorities, Women Females , and Persons | ||||||
5 | with Disabilities Act. | ||||||
6 | (b) The Illinois Department of Transportation shall | ||||||
7 | appoint representatives to professional and artistic services | ||||||
8 | selection committees representative of the State's ethnic, | ||||||
9 | cultural, and geographic diversity, including, but not limited | ||||||
10 | to, at least one person from each of the following: an | ||||||
11 | association representing the interests of African American | ||||||
12 | business owners, an association representing the interests of | ||||||
13 | Latino business owners, and an association representing the | ||||||
14 | interests of women business owners. These committees shall | ||||||
15 | comply with all requirements of the Open Meetings Act.
| ||||||
16 | (Source: P.A. 96-8, eff. 4-28-09.)
| ||||||
17 | (20 ILCS 2705/2705-600) | ||||||
18 | (Section scheduled to be repealed on June 30, 2017)
| ||||||
19 | Sec. 2705-600. Target market program. In order to remedy | ||||||
20 | particular incidents and patterns of egregious race or gender | ||||||
21 | discrimination, the chief procurement officer, in consultation | ||||||
22 | with the Department, shall have the power to implement a target | ||||||
23 | market program incorporating the following terms: | ||||||
24 | (0.5) Each fiscal year, the Department shall review any | ||||||
25 | and all evidence of discrimination related to |
| |||||||
| |||||||
1 | transportation construction projects. Evidence of | ||||||
2 | discrimination may include, but is not limited to: (i) the | ||||||
3 | determination of the Department's utilization of | ||||||
4 | minority-owned and women-owned female-owned firms in its | ||||||
5 | prime contracts and associated subcontracts; (ii) the | ||||||
6 | availability of minority-owned and women-owned | ||||||
7 | female-owned firms in the Department's geographic market | ||||||
8 | areas and specific construction industry markets; (iii) | ||||||
9 | any disparities between the utilization of minority-owned | ||||||
10 | and women-owned female-owned firms in the Department's | ||||||
11 | markets and the utilization of those firms on the | ||||||
12 | Department's prime contracts and subcontracts in those | ||||||
13 | markets; (iv) any disparities between the utilization of | ||||||
14 | minority-owned and women-owned female-owned firms in the | ||||||
15 | overall construction markets in which the Department | ||||||
16 | purchases and the utilization of those firms in the overall | ||||||
17 | construction economy in which the Department operates; (v) | ||||||
18 | evidence of discrimination in the rates at which | ||||||
19 | minority-owned and women-owned female-owned firms in the | ||||||
20 | Department's markets form businesses compared to similar | ||||||
21 | non-minority-owned and non-women-owned non-female-owned | ||||||
22 | firms in the Department's markets and in the dollars earned | ||||||
23 | by such businesses; and (vi) quantitative and qualitative | ||||||
24 | anecdotal evidence of discrimination. If after reviewing | ||||||
25 | such evidence, the Department finds and the chief | ||||||
26 | procurement officer concurs in the findings that the |
| |||||||
| |||||||
1 | Department has a strong basis in evidence that it has a | ||||||
2 | compelling interest in remedying the identified | ||||||
3 | discrimination against a specific group, race, or gender, | ||||||
4 | and that the only remedy for such discrimination is a | ||||||
5 | narrowly tailored target market, the chief procurement | ||||||
6 | officer, in consultation with the Department, has the power | ||||||
7 | to establish and implement a target market program tailored | ||||||
8 | to address the specific findings of egregious | ||||||
9 | discrimination made by the Department, after a public | ||||||
10 | hearing at which minority, women female , and general | ||||||
11 | contractor groups, community organizations, and other | ||||||
12 | interested parties shall have the opportunity to provide | ||||||
13 | comments. | ||||||
14 | (1) In January of each year, the Department and the | ||||||
15 | chief procurement officer shall report jointly to the | ||||||
16 | General Assembly the results of any evidentiary inquiries | ||||||
17 | or studies that establish the Department's compelling | ||||||
18 | interest in remedying egregious discrimination based upon | ||||||
19 | strong evidence of the need for a narrowly tailored target | ||||||
20 | market to remedy such discrimination and public hearings | ||||||
21 | held pursuant to this Section, and shall report the actions | ||||||
22 | to be taken to address the findings, including, if | ||||||
23 | warranted, the establishment and implementation of any | ||||||
24 | target market initiatives. | ||||||
25 | (2) The chief procurement officer shall work with the | ||||||
26 | officers and divisions of the Department to determine the |
| |||||||
| |||||||
1 | appropriate designation of contracts as target market | ||||||
2 | contracts. The chief procurement officer, in consultation | ||||||
3 | with the Department, shall determine appropriate contract | ||||||
4 | formation and bidding procedures for target market | ||||||
5 | contracts, including, but not limited to, the dividing of | ||||||
6 | procurements so designated into contract award units in | ||||||
7 | order to facilitate offers or bids from minority-owned | ||||||
8 | businesses and women-owned female-owned businesses and the | ||||||
9 | removal of bid bond requirements for minority-owned | ||||||
10 | businesses and women-owned female-owned businesses. | ||||||
11 | Minority-owned businesses and women-owned female-owned | ||||||
12 | businesses shall remain eligible to seek the procurement | ||||||
13 | award of contracts that have not been designated as target | ||||||
14 | market contracts. | ||||||
15 | (3) The chief procurement officer may make | ||||||
16 | participation in the target market program dependent upon | ||||||
17 | submission to stricter compliance audits than are | ||||||
18 | generally applicable. No contract shall be eligible for | ||||||
19 | inclusion in the target market program unless the | ||||||
20 | Department determines that there are at least 3 | ||||||
21 | minority-owned businesses or women-owned female-owned | ||||||
22 | businesses interested in participating in that type of | ||||||
23 | contract. The Department, with the concurrence of the chief | ||||||
24 | procurement officer, may develop guidelines to regulate | ||||||
25 | the level of participation of individual minority-owned | ||||||
26 | businesses and women-owned female-owned businesses in the |
| |||||||
| |||||||
1 | target market program in order to prevent the domination of | ||||||
2 | the target market program by a small number of those | ||||||
3 | entities. The Department may require minority-owned | ||||||
4 | businesses and women-owned female-owned businesses to | ||||||
5 | participate in training programs offered by the Department | ||||||
6 | or other State agencies as a condition precedent to | ||||||
7 | participation in the target market program. | ||||||
8 | (4) Participation in the target market program shall be | ||||||
9 | limited to minority-owned businesses and women-owned | ||||||
10 | female-owned businesses and joint ventures consisting | ||||||
11 | exclusively of minority-owned businesses, women-owned | ||||||
12 | female-owned businesses, or both, that are certified as | ||||||
13 | disadvantaged businesses pursuant to the provisions of | ||||||
14 | Section 6(d) of the Business Enterprise for Minorities, | ||||||
15 | Women Females , and Persons with Disabilities Act. A firm | ||||||
16 | awarded a target market contract may subcontract up to 50% | ||||||
17 | of the dollar value of the target market contract to | ||||||
18 | subcontractors who are not minority-owned businesses or | ||||||
19 | women-owned female-owned businesses. | ||||||
20 | (5) The Department may include in the target market | ||||||
21 | program contracts that are funded by the federal government | ||||||
22 | to the extent allowed by federal law and may vary the | ||||||
23 | standards of eligibility of the target market program to | ||||||
24 | the extent necessary to comply with the federal funding | ||||||
25 | requirements. | ||||||
26 | (6) If no satisfactory bid or response is received with |
| |||||||
| |||||||
1 | respect to a contract that has been designated as part of | ||||||
2 | the target market program, the chief procurement officer, | ||||||
3 | in consultation with the Department, may delete that | ||||||
4 | contract from the target market program. In addition, the | ||||||
5 | chief procurement officer, in consultation with the | ||||||
6 | Department, may thereupon designate and set aside for the | ||||||
7 | target market program additional contracts corresponding | ||||||
8 | in approximate value to the contract that was deleted from | ||||||
9 | the target market program, in keeping with the narrowly | ||||||
10 | tailored process used for selecting contracts suitable for | ||||||
11 | the program and to the extent feasible. | ||||||
12 | (7) The chief procurement officer, in consultation | ||||||
13 | with the Department, shall promulgate such rules as he or | ||||||
14 | she deems necessary to administer the target market | ||||||
15 | program.
| ||||||
16 | If any part, sentence, or clause of this Section is for any | ||||||
17 | reason held invalid or to be unconstitutional, such decision | ||||||
18 | shall not affect the validity of the remaining portions of this | ||||||
19 | Section. | ||||||
20 | This Section is repealed on June 30, 2017. | ||||||
21 | (Source: P.A. 97-228, eff. 7-28-11; 98-670, eff. 6-27-14.)
| ||||||
22 | Section 25. The Capital Development Board Act is amended by | ||||||
23 | changing Section 16 as follows:
| ||||||
24 | (20 ILCS 3105/16) (from Ch. 127, par. 783b)
|
| |||||||
| |||||||
1 | Sec. 16.
(a) In addition to any other power granted in this | ||||||
2 | Act to
adopt rules or regulations, the Board may adopt | ||||||
3 | regulations or rules
relating to the issuance or renewal of the | ||||||
4 | prequalification of an
architect, engineer or contractor or the | ||||||
5 | suspension or modification of the
prequalification of any such | ||||||
6 | person or entity including, without
limitation, an interim or | ||||||
7 | emergency suspension or modification without a
hearing founded | ||||||
8 | on any one or more of the bases set forth in this Section.
| ||||||
9 | (b) Among the bases for an interim or emergency suspension | ||||||
10 | or
modification of prequalification are:
| ||||||
11 | (1) A finding by the Board that the public interest, | ||||||
12 | safety or welfare
requires a summary suspension or | ||||||
13 | modification of a prequalification without
hearings.
| ||||||
14 | (2) The occurrence of an event or series of events | ||||||
15 | which, in the Board's
opinion, warrants a summary | ||||||
16 | suspension or modification of a
prequalification without a | ||||||
17 | hearing including, without limitation, (i) the
indictment | ||||||
18 | of the holder of the prequalification by a State or federal
| ||||||
19 | agency or other branch of government for a crime; (ii) the | ||||||
20 | suspension or
modification of a license or | ||||||
21 | prequalification by another State agency or
federal agency | ||||||
22 | or other branch of government after hearings; (iii) a
| ||||||
23 | material breach of a contract made between the Board and an | ||||||
24 | architect,
engineer or contractor; and (iv) the failure to | ||||||
25 | comply with State law
including, without limitation, the | ||||||
26 | Business Enterprise for Minorities, Women Females ,
and
|
| |||||||
| |||||||
1 | Persons with Disabilities Act,
the prevailing wage | ||||||
2 | requirements, and the Steel Products Procurement Act.
| ||||||
3 | (c) If a prequalification is suspended or modified by the | ||||||
4 | Board without
hearings for any reason set forth in this Section | ||||||
5 | or in Section 10-65 of the
Illinois Administrative Procedure | ||||||
6 | Act, as amended, the Board
shall within 30 days of the issuance | ||||||
7 | of an order of suspension or modification
of a prequalification | ||||||
8 | initiate proceedings for the suspension or modification
of or | ||||||
9 | other action upon the prequalification.
| ||||||
10 | (Source: P.A. 92-16, eff. 6-28-01.)
| ||||||
11 | Section 30. The Illinois Health Information Exchange and | ||||||
12 | Technology Act is amended by changing Section 20 as follows:
| ||||||
13 | (20 ILCS 3860/20) | ||||||
14 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
15 | Sec. 20. Powers and duties of the Illinois Health | ||||||
16 | Information Exchange Authority. The Authority has the | ||||||
17 | following powers, together with all powers incidental or | ||||||
18 | necessary to accomplish the purposes of this Act: | ||||||
19 | (1) The Authority shall create and administer the ILHIE | ||||||
20 | using information systems and processes that are secure, | ||||||
21 | are cost effective, and meet all other relevant privacy and | ||||||
22 | security requirements under State and federal law.
| ||||||
23 | (2) The Authority shall establish and adopt standards | ||||||
24 | and requirements for the use of health information and the |
| |||||||
| |||||||
1 | requirements for participation in the ILHIE by persons or | ||||||
2 | entities including, but not limited to, health care | ||||||
3 | providers, payors, and local health information exchanges.
| ||||||
4 | (3) The Authority shall establish minimum standards | ||||||
5 | for accessing the ILHIE to ensure that the appropriate | ||||||
6 | security and privacy protections apply to health | ||||||
7 | information, consistent with applicable federal and State | ||||||
8 | standards and laws. The Authority shall have the power to | ||||||
9 | suspend, limit, or terminate the right to participate in | ||||||
10 | the ILHIE for non-compliance or failure to act, with | ||||||
11 | respect to applicable standards and laws, in the best | ||||||
12 | interests of patients, users of the ILHIE, or the public. | ||||||
13 | The Authority may seek all remedies allowed by law to | ||||||
14 | address any violation of the terms of participation in the | ||||||
15 | ILHIE.
| ||||||
16 | (4) The Authority shall identify barriers to the | ||||||
17 | adoption of electronic health records systems, including | ||||||
18 | researching the rates and patterns of dissemination and use | ||||||
19 | of electronic health record systems throughout the State. | ||||||
20 | The Authority shall make the results of the research | ||||||
21 | available on its website.
| ||||||
22 | (5) The Authority shall prepare educational materials | ||||||
23 | and educate the general public on the benefits of | ||||||
24 | electronic health records, the ILHIE, and the safeguards | ||||||
25 | available to prevent unauthorized disclosure of health | ||||||
26 | information.
|
| |||||||
| |||||||
1 | (6) The Authority may appoint or designate an | ||||||
2 | institutional review board in accordance with federal and | ||||||
3 | State law to review and approve requests for research in | ||||||
4 | order to ensure compliance with standards and patient | ||||||
5 | privacy and security protections as specified in paragraph | ||||||
6 | (3) of this Section.
| ||||||
7 | (7) The Authority may enter into all contracts and | ||||||
8 | agreements necessary or incidental to the performance of | ||||||
9 | its powers under this Act. The Authority's expenditures of | ||||||
10 | private funds are exempt from the Illinois Procurement | ||||||
11 | Code, pursuant to Section 1-10 of that Act. Notwithstanding | ||||||
12 | this exception, the Authority shall comply with the | ||||||
13 | Business Enterprise for Minorities, Women Females , and | ||||||
14 | Persons with Disabilities Act.
| ||||||
15 | (8) The Authority may solicit and accept grants, loans, | ||||||
16 | contributions, or appropriations from any public or | ||||||
17 | private source and may expend those moneys, through | ||||||
18 | contracts, grants, loans, or agreements, on activities it | ||||||
19 | considers suitable to the performance of its duties under | ||||||
20 | this Act.
| ||||||
21 | (9) The Authority may determine, charge, and collect | ||||||
22 | any fees, charges, costs, and expenses from any healthcare | ||||||
23 | provider or entity in connection with its duties under this | ||||||
24 | Act. Moneys collected under this paragraph (9) shall be | ||||||
25 | deposited into the Health Information Exchange Fund.
| ||||||
26 | (10) The Authority may, under the direction of the |
| |||||||
| |||||||
1 | Executive Director, employ and discharge staff, including | ||||||
2 | administrative, technical, expert, professional, and legal | ||||||
3 | staff, as is necessary or convenient to carry out the | ||||||
4 | purposes of this Act. The Authority may establish and | ||||||
5 | administer standards of classification regarding | ||||||
6 | compensation, benefits, duties, performance, and tenure | ||||||
7 | for that staff and may enter into contracts of employment | ||||||
8 | with members of that staff for such periods and on such | ||||||
9 | terms as the Authority deems desirable. All employees of | ||||||
10 | the Authority are exempt from the Personnel Code as | ||||||
11 | provided by Section 4 of the Personnel Code. | ||||||
12 | (11) The Authority shall consult and coordinate with | ||||||
13 | the Department of Public Health to further the Authority's | ||||||
14 | collection of health information from health care | ||||||
15 | providers for public health purposes. The collection of | ||||||
16 | public health information shall include identifiable | ||||||
17 | information for use by the Authority or other State | ||||||
18 | agencies to comply with State and federal laws. Any | ||||||
19 | identifiable information so collected shall be privileged | ||||||
20 | and confidential in accordance with Sections 8-2101, | ||||||
21 | 8-2102, 8-2103, 8-2104, and 8-2105 of the Code of Civil | ||||||
22 | Procedure.
| ||||||
23 | (12) All identified or deidentified health information | ||||||
24 | in the form of health data or medical records contained in, | ||||||
25 | stored in, submitted to, transferred by, or released from | ||||||
26 | the Illinois Health Information Exchange, and identified |
| |||||||
| |||||||
1 | or deidentified health information in the form of health | ||||||
2 | data and medical records of the Illinois Health Information | ||||||
3 | Exchange in the possession of the Illinois Health | ||||||
4 | Information Exchange Authority due to its administration | ||||||
5 | of the Illinois Health Information Exchange, shall be | ||||||
6 | exempt from inspection and copying under the Freedom of | ||||||
7 | Information Act. The terms "identified" and "deidentified" | ||||||
8 | shall be given the same meaning as in the Health Insurance | ||||||
9 | Portability and Accountability Act of 1996, Public Law | ||||||
10 | 104-191, or any subsequent amendments thereto, and any | ||||||
11 | regulations promulgated thereunder.
| ||||||
12 | (13) To address gaps in the adoption of, workforce | ||||||
13 | preparation for, and exchange of electronic health records | ||||||
14 | that result in regional and socioeconomic disparities in | ||||||
15 | the delivery of care, the Authority may evaluate such gaps | ||||||
16 | and provide resources as available, giving priority to | ||||||
17 | healthcare providers serving a significant percentage of | ||||||
18 | Medicaid or uninsured patients and in medically | ||||||
19 | underserved or rural areas.
| ||||||
20 | (Source: P.A. 99-642, eff. 7-28-16.)
| ||||||
21 | Section 35. The Illinois Global Partnership Act is amended | ||||||
22 | by changing Section 20 as follows:
| ||||||
23 | (20 ILCS 3948/20)
| ||||||
24 | Sec. 20. Board of directors. IGP shall be governed by a |
| |||||||
| |||||||
1 | board of directors. The IGP board of directors shall consist of | ||||||
2 | 14 members. Five of the members shall be voting members | ||||||
3 | appointed by the Governor with the advice and consent of the | ||||||
4 | Senate. The Speaker and Minority Leader of the House of | ||||||
5 | Representatives, the President and Minority Leader of the | ||||||
6 | Senate, the Lieutenant Governor, the Director of Agriculture, | ||||||
7 | the Director of Commerce and Economic Opportunity, the | ||||||
8 | Chairperson of the Illinois Arts Council, and the Director of | ||||||
9 | the Illinois Finance Authority, or the designee of each, shall | ||||||
10 | be non-voting ex officio members. | ||||||
11 | Of the members appointed by the Governor, one member must | ||||||
12 | have a background in agriculture, one member must have a | ||||||
13 | background in manufacturing, and one member must have a | ||||||
14 | background in international business relations. | ||||||
15 | Of the initial members appointed by the Governor, 3 members | ||||||
16 | shall serve 4-year terms and 2 members shall serve 2-year terms | ||||||
17 | as designated by the Governor. Thereafter, members appointed by | ||||||
18 | the Governor shall serve 4-year terms. A vacancy among members | ||||||
19 | appointed by the Governor shall be filled by appointment by the | ||||||
20 | Governor for the remainder of the vacated term. | ||||||
21 | Members of the board shall receive no compensation but | ||||||
22 | shall be reimbursed for expenses incurred in the performance of | ||||||
23 | their duties. | ||||||
24 | The Governor shall designate the chairman of the board | ||||||
25 | until a successor is designated. The board shall meet at the | ||||||
26 | call of the chair.
|
| |||||||
| |||||||
1 | No less than 90 days after a majority of the members of the | ||||||
2 | board of directors of the IGP is appointed by the Governor, the | ||||||
3 | board shall develop a policy adopted by resolution of the board | ||||||
4 | stating the board's plan for the use of services provided by | ||||||
5 | businesses owned by minorities, women females , and persons with | ||||||
6 | disabilities, as defined under the Business Enterprise for | ||||||
7 | Minorities, Women Females , and Persons with Disabilities Act. | ||||||
8 | The board shall provide a copy of this resolution to the | ||||||
9 | Governor and the General Assembly upon its adoption. | ||||||
10 | On December 31 of each year, the board shall report to the | ||||||
11 | General Assembly and the Governor regarding the use of services | ||||||
12 | provided by businesses owned by minorities, women females , and | ||||||
13 | persons with disabilities, as defined under the Business | ||||||
14 | Enterprise for Minorities, Women Females , and Persons with | ||||||
15 | Disabilities Act.
| ||||||
16 | (Source: P.A. 94-388, eff. 7-29-05.)
| ||||||
17 | Section 40. The State Finance Act is amended by changing | ||||||
18 | Sections 8.32 and 45 as follows:
| ||||||
19 | (30 ILCS 105/8.32) (from Ch. 127, par. 144.32)
| ||||||
20 | Sec. 8.32.
All moneys received by the Minority and Women | ||||||
21 | Female
Business Enterprise Council, or by the Department of | ||||||
22 | Central
Management Services on behalf of the Council or the | ||||||
23 | Department's
Minority and Female Business Enterprise for | ||||||
24 | Minorities, Women, and Persons with Disabilities Division, |
| |||||||
| |||||||
1 | from grants,
donations, seminar registration fees, and the sale | ||||||
2 | of directories,
lists and other such information, shall be | ||||||
3 | deposited into the
Minority and Female Business Enterprise Fund | ||||||
4 | in the State treasury.
Expenses of the Council or the | ||||||
5 | Department's Minority and Female
Business Enterprise for | ||||||
6 | Minorities, Women, and Persons with Disabilities Division may | ||||||
7 | be paid from this Fund.
| ||||||
8 | (Source: P.A. 86-1482.)
| ||||||
9 | (30 ILCS 105/45) | ||||||
10 | Sec. 45. Award of capital funds. Each award by grant or | ||||||
11 | loan of State funds of $250,000 or more for capital | ||||||
12 | construction costs or professional services is conditioned | ||||||
13 | upon the recipient's written certification that the recipient | ||||||
14 | shall comply with the business enterprise program practices for | ||||||
15 | minority-owned businesses, women-owned female-owned | ||||||
16 | businesses, and businesses owned by persons with disabilities | ||||||
17 | of the Business Enterprise for Minorities, Women Females , and | ||||||
18 | Persons with Disabilities Act (30 ILCS 575/) and the equal | ||||||
19 | employment practices of Section 2-105 of the Illinois Human | ||||||
20 | Rights Act (775 ILCS 5/2-105). This Section, however, does not | ||||||
21 | apply to any grant or loan (i) for which a grant or loan | ||||||
22 | agreement was executed before the effective date of this | ||||||
23 | amendatory Act of the 96th General Assembly, (ii) for which | ||||||
24 | prior-incurred costs are being reimbursed, or (iii) for a | ||||||
25 | federally funded program under which the requirement of this |
| |||||||
| |||||||
1 | Section would contravene federal law. Each recipient shall | ||||||
2 | submit the written certification and business enterprise | ||||||
3 | program plan for minority-owned businesses, women-owned | ||||||
4 | female-owned businesses, and businesses owned by persons with | ||||||
5 | disabilities before signing the relevant grant or loan | ||||||
6 | agreement. Each grant or loan agreement shall include a | ||||||
7 | provision that the grant or loan recipient agrees to comply | ||||||
8 | with the provisions of the Business Enterprise for Minorities, | ||||||
9 | Women Females , and Persons with Disabilities Act (30 ILCS 575/) | ||||||
10 | and the equal employment practices of Section 2-105 of the | ||||||
11 | Illinois Human Rights Act (775 ILCS 5/2-105). | ||||||
12 | Each business enterprise program plan shall apply only to | ||||||
13 | the State-funded portion of the relevant capital project and | ||||||
14 | must be in compliance with all certification and other | ||||||
15 | requirements of the Business Enterprise for Minorities, Women | ||||||
16 | Females , and Persons with Disabilities Act.
| ||||||
17 | (Source: P.A. 96-1064, eff. 7-16-10.)
| ||||||
18 | Section 45. The General Obligation Bond Act is amended by | ||||||
19 | changing Sections 8 and 15.5 as follows:
| ||||||
20 | (30 ILCS 330/8) (from Ch. 127, par. 658)
| ||||||
21 | Sec. 8. Bond sale expenses. | ||||||
22 | (a)
An amount not to exceed
0.5 percent of the
principal | ||||||
23 | amount of the proceeds of sale of each bond sale is authorized
| ||||||
24 | to be used to pay the reasonable costs of issuance and sale, |
| |||||||
| |||||||
1 | including, without limitation, underwriter's discounts and | ||||||
2 | fees, but excluding bond insurance,
of State of
Illinois | ||||||
3 | general obligation bonds authorized and sold pursuant to this | ||||||
4 | Act, provided that no salaries of State employees or other | ||||||
5 | State office operating expenses shall be paid out of | ||||||
6 | non-appropriated proceeds, provided further that the percent | ||||||
7 | shall be 1.0% for each sale of "Build America Bonds" or | ||||||
8 | "Qualified School Construction Bonds" as defined in | ||||||
9 | subsections (d) and (e) of Section 9, respectively. The | ||||||
10 | Governor's Office of Management and Budget shall compile a | ||||||
11 | summary of all costs of issuance on each sale (including both | ||||||
12 | costs paid out of proceeds and those paid out of appropriated | ||||||
13 | funds) and post that summary on its web site within 20 business | ||||||
14 | days after the issuance of
the Bonds. The summary shall | ||||||
15 | include, as applicable, the respective percentages of | ||||||
16 | participation and compensation of each underwriter that is a | ||||||
17 | member of the underwriting syndicate, legal counsel, financial | ||||||
18 | advisors, and other professionals for the bond issue and an | ||||||
19 | identification of all costs of issuance paid to minority-owned | ||||||
20 | minority owned businesses, women-owned female owned | ||||||
21 | businesses, and businesses owned by persons with disabilities. | ||||||
22 | The terms " minority-owned minority owned businesses", | ||||||
23 | " women-owned female owned businesses", and "business owned by a | ||||||
24 | person with a disability" have the meanings given to those | ||||||
25 | terms in the Business Enterprise for Minorities, Women Females , | ||||||
26 | and Persons with Disabilities Act. That posting shall be |
| |||||||
| |||||||
1 | maintained on the web site for a period of at least 30 days. In | ||||||
2 | addition, the Governor's Office of Management and Budget shall | ||||||
3 | provide a written copy of each summary of costs to the Speaker | ||||||
4 | and Minority Leader of the House of Representatives, the | ||||||
5 | President and Minority Leader of the Senate, and the Commission | ||||||
6 | on Government Forecasting and Accountability within 20 | ||||||
7 | business days after each issuance of the Bonds. In addition, | ||||||
8 | the Governor's Office of Management and Budget shall provide | ||||||
9 | copies of all contracts under which any costs of issuance are | ||||||
10 | paid or to be paid to the Commission on Government Forecasting | ||||||
11 | and Accountability within 20 business days after the issuance | ||||||
12 | of Bonds for which those costs are paid or to be paid. Instead | ||||||
13 | of filing a second or subsequent copy of the same contract, the | ||||||
14 | Governor's Office of Management and Budget may file a statement | ||||||
15 | that specified costs are paid under specified contracts filed | ||||||
16 | earlier with the Commission. | ||||||
17 | (b) The Director of the Governor's Office of Management and | ||||||
18 | Budget shall not, in connection with the issuance of Bonds, | ||||||
19 | contract with any underwriter, financial advisor, or attorney | ||||||
20 | unless that underwriter, financial advisor, or attorney | ||||||
21 | certifies that the underwriter, financial advisor, or attorney | ||||||
22 | has not and will not pay a contingent fee, whether directly or | ||||||
23 | indirectly, to a third party for having promoted the selection | ||||||
24 | of the underwriter, financial advisor, or attorney for that | ||||||
25 | contract. In the event that the Governor's Office of Management | ||||||
26 | and Budget determines that an underwriter, financial advisor, |
| |||||||
| |||||||
1 | or attorney has filed a false certification with respect to the | ||||||
2 | payment of contingent fees, the Governor's Office of Management | ||||||
3 | and Budget shall not contract with that underwriter, financial | ||||||
4 | advisor, or attorney, or with any firm employing any person who | ||||||
5 | signed false certifications, for a period of 2 calendar years, | ||||||
6 | beginning with the date the determination is made. The validity | ||||||
7 | of Bonds issued under such circumstances of violation pursuant | ||||||
8 | to this Section shall not be affected.
| ||||||
9 | (Source: P.A. 96-828, eff. 12-2-09.)
| ||||||
10 | (30 ILCS 330/15.5)
| ||||||
11 | Sec. 15.5. Compliance with the Business Enterprise for | ||||||
12 | Minorities, Women Females , and Persons with Disabilities Act. | ||||||
13 | Notwithstanding any other provision of law, the Governor's | ||||||
14 | Office of Management and Budget shall comply with the Business | ||||||
15 | Enterprise for Minorities, Women Females , and Persons with | ||||||
16 | Disabilities Act.
| ||||||
17 | (Source: P.A. 93-839, eff. 7-30-04.)
| ||||||
18 | Section 50. The Build Illinois Bond Act is amended by | ||||||
19 | changing Sections 5 and 8.3 as follows:
| ||||||
20 | (30 ILCS 425/5) (from Ch. 127, par. 2805)
| ||||||
21 | Sec. 5. Bond Sale Expenses. | ||||||
22 | (a) An amount not to exceed 0.5% of the principal amount of | ||||||
23 | the proceeds of the sale of each bond sale is authorized to be |
| |||||||
| |||||||
1 | used to pay
reasonable costs of each issuance and sale of Bonds | ||||||
2 | authorized and sold
pursuant to this Act, including, without | ||||||
3 | limitation, underwriter's discounts and fees, but excluding | ||||||
4 | bond insurance, advertising, printing, bond rating, travel of | ||||||
5 | outside vendors,
security, delivery, legal and financial | ||||||
6 | advisory services, initial fees
of trustees, registrars, | ||||||
7 | paying agents and other fiduciaries, initial costs
of credit or | ||||||
8 | liquidity enhancement arrangements, initial fees of indexing
| ||||||
9 | and remarketing agents, and initial costs of interest rate | ||||||
10 | swaps,
guarantees or arrangements to limit interest rate risk, | ||||||
11 | as determined in
the related Bond Sale Order,
from
the proceeds | ||||||
12 | of each Bond sale, provided that no salaries of State employees | ||||||
13 | or other State office operating expenses shall be paid out of | ||||||
14 | non-appropriated proceeds, and provided further that the | ||||||
15 | percent shall be 1.0% for each sale of "Build America Bonds" as | ||||||
16 | defined in subsection (c) of Section 6. The Governor's Office | ||||||
17 | of Management and Budget shall compile a summary of all costs | ||||||
18 | of issuance on each sale (including both costs paid out of | ||||||
19 | proceeds and those paid out of appropriated funds) and post | ||||||
20 | that summary on its web site within 20 business days after the | ||||||
21 | issuance of the bonds. That posting shall be maintained on the | ||||||
22 | web site for a period of at least 30 days. In addition, the | ||||||
23 | Governor's Office of Management and Budget shall provide a | ||||||
24 | written copy of each summary of costs to the Speaker and | ||||||
25 | Minority Leader of the House of Representatives, the President | ||||||
26 | and Minority Leader of the Senate, and the Commission on |
| |||||||
| |||||||
1 | Government Forecasting and Accountability within 20 business | ||||||
2 | days after each issuance of the bonds. This summary shall | ||||||
3 | include, as applicable, the respective percentage of | ||||||
4 | participation and compensation of each underwriter that is a | ||||||
5 | member of the underwriting syndicate, legal counsel, financial | ||||||
6 | advisors, and other professionals for the Bond issue, and an | ||||||
7 | identification of all costs of issuance paid to minority-owned | ||||||
8 | minority owned businesses, women-owned female owned | ||||||
9 | businesses, and businesses owned by persons with disabilities. | ||||||
10 | The terms " minority-owned minority owned businesses", | ||||||
11 | " women-owned female owned businesses", and "business owned by a | ||||||
12 | person with a disability" have the meanings given to those | ||||||
13 | terms in the Business Enterprise for Minorities, Women Females , | ||||||
14 | and Persons with Disabilities Act. In addition, the Governor's | ||||||
15 | Office of Management and Budget shall provide copies of all | ||||||
16 | contracts under which any costs of issuance are paid or to be | ||||||
17 | paid to the Commission on Government Forecasting and | ||||||
18 | Accountability within 20 business days after the issuance of | ||||||
19 | Bonds for which those costs are paid or to be paid. Instead of | ||||||
20 | filing a second or subsequent copy of the same contract, the | ||||||
21 | Governor's Office of Management and Budget may file a statement | ||||||
22 | that specified costs are paid under specified contracts filed | ||||||
23 | earlier with the Commission.
| ||||||
24 | (b) The Director of the Governor's Office of Management and | ||||||
25 | Budget shall not, in connection with the issuance of Bonds, | ||||||
26 | contract with any underwriter, financial advisor, or attorney |
| |||||||
| |||||||
1 | unless that underwriter, financial advisor, or attorney | ||||||
2 | certifies that the underwriter, financial advisor, or attorney | ||||||
3 | has not and will not pay a contingent fee, whether directly or | ||||||
4 | indirectly, to any third party for having promoted the | ||||||
5 | selection of the underwriter, financial advisor, or attorney | ||||||
6 | for that contract. In the event that the Governor's Office of | ||||||
7 | Management and Budget determines that an underwriter, | ||||||
8 | financial advisor, or attorney has filed a false certification | ||||||
9 | with respect to the payment of contingent fees, the Governor's | ||||||
10 | Office of Management and Budget shall not contract with that | ||||||
11 | underwriter, financial advisor, or attorney, or with any firm | ||||||
12 | employing any person who signed false certifications, for a | ||||||
13 | period of 2 calendar years, beginning with the date the | ||||||
14 | determination is made. The validity of Bonds issued under such | ||||||
15 | circumstances of violation pursuant to this Section shall not | ||||||
16 | be affected. | ||||||
17 | (Source: P.A. 96-828, eff. 12-2-09.)
| ||||||
18 | (30 ILCS 425/8.3)
| ||||||
19 | Sec. 8.3. Compliance with the Business Enterprise for | ||||||
20 | Minorities, Women Females , and Persons with Disabilities Act. | ||||||
21 | Notwithstanding any other provision of law, the Governor's | ||||||
22 | Office of Management and Budget shall comply with the Business | ||||||
23 | Enterprise for Minorities, Women Females , and Persons with | ||||||
24 | Disabilities Act.
| ||||||
25 | (Source: P.A. 93-839, eff. 7-30-04.)
|
| |||||||
| |||||||
1 | Section 55. The Illinois Procurement Code is amended by | ||||||
2 | changing Sections 15-25, 30-30, 45-45, 45-57, and 45-65 as | ||||||
3 | follows:
| ||||||
4 | (30 ILCS 500/15-25) | ||||||
5 | Sec. 15-25. Bulletin content. | ||||||
6 | (a) Invitations for bids. Notice of each and every contract | ||||||
7 | that is
offered, including renegotiated contracts and change | ||||||
8 | orders,
shall be published in the Bulletin. All businesses | ||||||
9 | listed on the Department of Transportation Disadvantaged | ||||||
10 | Business Enterprise Directory, the Department of Central | ||||||
11 | Management Services Business Enterprise Program, and the Chief | ||||||
12 | Procurement Office's Small Business Vendors Directory shall be | ||||||
13 | furnished written instructions and information on how to | ||||||
14 | register on each Procurement Bulletin maintained by the State. | ||||||
15 | Such information shall be provided to each business within 30 | ||||||
16 | calendar days after the business' notice of certification. The | ||||||
17 | applicable chief procurement officer
may provide by rule an | ||||||
18 | organized format for the publication of this
information, but | ||||||
19 | in any case it must include at least the date first offered,
| ||||||
20 | the date submission of offers is due, the location that offers | ||||||
21 | are to be
submitted to, the purchasing State agency, the | ||||||
22 | responsible State purchasing
officer, a brief purchase | ||||||
23 | description, the method of source selection,
information of how | ||||||
24 | to obtain a comprehensive purchase description and any
|
| |||||||
| |||||||
1 | disclosure and contract forms, and encouragement to potential | ||||||
2 | contractors to hire qualified veterans, as defined by Section | ||||||
3 | 45-67 of this Code, and qualified Illinois minorities, women, | ||||||
4 | persons with disabilities, and residents discharged from any | ||||||
5 | Illinois adult correctional center. | ||||||
6 | (b) Contracts let. Notice of each and every contract that | ||||||
7 | is let, including renegotiated contracts and change orders, | ||||||
8 | shall be issued electronically to those bidders submitting | ||||||
9 | responses to the solicitations, inclusive of the unsuccessful | ||||||
10 | bidders, immediately upon contract let. Failure of any chief | ||||||
11 | procurement officer to give such notice shall result in tolling | ||||||
12 | the time for filing a bid protest up to 7 calendar days. | ||||||
13 | For purposes of this subsection (b), "contracts let" means | ||||||
14 | a construction agency's act of advertising an invitation for | ||||||
15 | bids for one or more construction projects. | ||||||
16 | (b-5) Contracts awarded. Notice of each and every contract | ||||||
17 | that is awarded, including renegotiated contracts and change | ||||||
18 | orders, shall be issued electronically to the successful | ||||||
19 | responsible bidder, offeror, or contractor and published in the | ||||||
20 | next available subsequent Bulletin. The applicable chief | ||||||
21 | procurement officer may provide by rule an organized format for | ||||||
22 | the publication of this information, but in any case it must | ||||||
23 | include at least all of the information specified in subsection | ||||||
24 | (a) as well as the name of the successful responsible bidder, | ||||||
25 | offeror, the contract price, the number of unsuccessful bidders | ||||||
26 | or offerors and any other disclosure specified in any Section |
| |||||||
| |||||||
1 | of this Code. This notice must be posted in the online | ||||||
2 | electronic Bulletin prior to execution of the contract. | ||||||
3 | For purposes of this subsection (b-5), "contract award" | ||||||
4 | means the determination that a particular bidder or offeror has | ||||||
5 | been selected from among other bidders or offerors to receive a | ||||||
6 | contract, subject to the successful completion of final | ||||||
7 | negotiations. "Contract award" is evidenced by the posting of a | ||||||
8 | Notice of Award or a Notice of Intent to Award to the | ||||||
9 | respective volume of the Illinois Procurement Bulletin. | ||||||
10 | (c) Emergency purchase disclosure. Any chief procurement | ||||||
11 | officer or State
purchasing officer exercising emergency | ||||||
12 | purchase authority under
this Code shall publish a written | ||||||
13 | description and reasons and the total cost,
if known, or an | ||||||
14 | estimate if unknown and the name of the responsible chief
| ||||||
15 | procurement officer and State purchasing officer, and the | ||||||
16 | business or person
contracted with for all emergency purchases | ||||||
17 | in
the next timely, practicable Bulletin. This notice must be | ||||||
18 | posted in the online electronic Bulletin no later than 5 | ||||||
19 | calendar days after the contract is awarded.
Notice of a | ||||||
20 | hearing to extend an emergency contract must be posted in the | ||||||
21 | online electronic Procurement Bulletin no later than 14 | ||||||
22 | calendar days prior to the hearing. | ||||||
23 | (c-5) Business Enterprise Program report. Each purchasing | ||||||
24 | agency shall, with the assistance of the applicable chief | ||||||
25 | procurement officer, post in the online electronic Bulletin a | ||||||
26 | copy of its annual report of utilization of businesses owned by |
| |||||||
| |||||||
1 | minorities, women females , and persons with disabilities as | ||||||
2 | submitted to the Business Enterprise Council for Minorities, | ||||||
3 | Women Females , and Persons with Disabilities pursuant to | ||||||
4 | Section 6(c) of the Business Enterprise for Minorities, Women | ||||||
5 | Females , and Persons with Disabilities Act within 10 calendar | ||||||
6 | days after its submission of its report to the Council.
| ||||||
7 | (c-10) Renewals. Notice of each contract renewal shall be | ||||||
8 | posted in the online electronic Bulletin within 14 calendar | ||||||
9 | days of the determination to renew the contract and the next | ||||||
10 | available subsequent Bulletin. The notice shall include at | ||||||
11 | least all of the information required in subsection (b).
| ||||||
12 | (c-15) Sole source procurements. Before entering into a | ||||||
13 | sole source contract, a chief procurement officer exercising | ||||||
14 | sole source procurement authority under this Code shall publish | ||||||
15 | a written description of intent to enter into a sole source | ||||||
16 | contract along with a description of the item to be procured | ||||||
17 | and the intended sole source contractor. This notice must be | ||||||
18 | posted in the online electronic Procurement Bulletin before a | ||||||
19 | sole source contract is awarded and at least 14 calendar days | ||||||
20 | before the hearing required by Section 20-25. | ||||||
21 | (d) Other required disclosure. The applicable chief | ||||||
22 | procurement officer
shall provide by rule for the organized | ||||||
23 | publication of all other disclosure
required in other Sections | ||||||
24 | of this Code in a timely manner. | ||||||
25 | (e) The changes to subsections (b), (c), (c-5), (c-10), and | ||||||
26 | (c-15) of this Section made by this amendatory Act of the 96th |
| |||||||
| |||||||
1 | General Assembly apply to reports submitted, offers made, and | ||||||
2 | notices on contracts executed on or after its effective date.
| ||||||
3 | (f) Each chief procurement officer shall, in consultation | ||||||
4 | with the agencies under his or her jurisdiction, provide the | ||||||
5 | Procurement Policy Board with the information and resources | ||||||
6 | necessary, and in a manner, to effectuate the purpose of this | ||||||
7 | amendatory Act of the 96th General Assembly. | ||||||
8 | (Source: P.A. 97-895, eff. 8-3-12; 98-1038, eff. 8-25-14; | ||||||
9 | 98-1076, eff. 1-1-15 .)
| ||||||
10 | (30 ILCS 500/30-30)
| ||||||
11 | Sec. 30-30. Design-bid-build construction. | ||||||
12 | (a) The provisions of this subsection are operative through | ||||||
13 | December 31, 2019. | ||||||
14 | For
building construction contracts in excess of
$250,000, | ||||||
15 | separate specifications may be prepared for all
equipment, | ||||||
16 | labor, and materials in
connection with the following 5 | ||||||
17 | subdivisions of the work to be
performed:
| ||||||
18 | (1) plumbing;
| ||||||
19 | (2) heating, piping, refrigeration, and automatic
| ||||||
20 | temperature control systems,
including the testing and | ||||||
21 | balancing of those systems;
| ||||||
22 | (3) ventilating and distribution systems for
| ||||||
23 | conditioned air, including the testing
and balancing of | ||||||
24 | those systems;
| ||||||
25 | (4) electric wiring; and
|
| |||||||
| |||||||
1 | (5) general contract work.
| ||||||
2 | The specifications may be so drawn as to permit separate | ||||||
3 | and
independent bidding upon
each of the 5 subdivisions of | ||||||
4 | work. All contracts awarded
for any part thereof may
award the | ||||||
5 | 5 subdivisions of work separately to responsible and
reliable | ||||||
6 | persons, firms, or
corporations engaged in these classes of | ||||||
7 | work. The contracts, at
the discretion of the
construction | ||||||
8 | agency, may be assigned to the successful bidder on
the general | ||||||
9 | contract work or
to the successful bidder on the subdivision of | ||||||
10 | work designated by
the construction agency before
the bidding | ||||||
11 | as the prime subdivision of work, provided that all
payments | ||||||
12 | will be made directly
to the contractors for the 5 subdivisions | ||||||
13 | of work upon compliance
with the conditions of the
contract.
| ||||||
14 | Beginning on the effective date of this amendatory Act of | ||||||
15 | the 99th General Assembly and through December 31, 2019, for | ||||||
16 | single prime projects: (i) the bid of the successful low bidder | ||||||
17 | shall identify the name of the subcontractor, if any, and the | ||||||
18 | bid proposal costs for each of the 5 subdivisions of work set | ||||||
19 | forth in this Section; (ii) the contract entered into with the | ||||||
20 | successful bidder shall provide that no identified | ||||||
21 | subcontractor may be terminated without the written consent of | ||||||
22 | the Capital Development Board; (iii) the contract shall comply | ||||||
23 | with the disadvantaged business practices of the Business | ||||||
24 | Enterprise for Minorities, Women Females , and Persons with | ||||||
25 | Disabilities Act and the equal employment practices of Section | ||||||
26 | 2-105 of the Illinois Human Rights Act; (iv) the Capital |
| |||||||
| |||||||
1 | Development Board shall submit a quarterly report to the | ||||||
2 | Procurement Policy Board with information on the general scope, | ||||||
3 | project budget, and established Business Enterprise Program | ||||||
4 | goals for any single prime procurement bid in the previous 3 | ||||||
5 | months with a total construction cost valued at $10,000,000 or | ||||||
6 | less; and (v) the Capital Development Board shall submit an | ||||||
7 | annual report to the General Assembly and Governor on the | ||||||
8 | bidding, award, and performance of all single prime projects. | ||||||
9 | For building construction projects with a total | ||||||
10 | construction cost valued at $5,000,000 or less, the Capital | ||||||
11 | Development Board shall not use the single prime procurement | ||||||
12 | delivery method for more than 50% of the total number of | ||||||
13 | projects bid for each fiscal year. Any project with a total | ||||||
14 | construction cost valued greater than $5,000,000 may be bid | ||||||
15 | using single prime at the discretion of the Executive Director | ||||||
16 | of the Capital Development Board. | ||||||
17 | Beginning on the effective date of this amendatory Act of | ||||||
18 | the 99th General Assembly and through December 31, 2017, the | ||||||
19 | Capital Development Board shall, on a weekly basis: review the | ||||||
20 | projects that have been designed, and approved to bid; and, for | ||||||
21 | every fifth determination to use the single prime procurement | ||||||
22 | delivery method for a project under $10,000,000, submit to the | ||||||
23 | Procurement Policy Board a written notice of its intent to use | ||||||
24 | the single prime method on the project. The notice shall | ||||||
25 | include the reasons for using the single prime method and an | ||||||
26 | explanation of why the use of that method is in the best |
| |||||||
| |||||||
1 | interest of the State. The Capital Development Board shall post | ||||||
2 | the notice on its online procurement webpage and on the online | ||||||
3 | Procurement Bulletin at least 3 business days following | ||||||
4 | submission. The Procurement Policy Board shall review and | ||||||
5 | provide its decision on the use of the single prime method for | ||||||
6 | every fifth use of the single prime procurement delivery method | ||||||
7 | for a project under $10,000,000 within 7 business days of | ||||||
8 | receipt of the notice from the Capital Development Board. | ||||||
9 | Approval by the Procurement Policy Board shall not be | ||||||
10 | unreasonably withheld and shall be provided unless the | ||||||
11 | Procurement Policy Board finds that the use of the single prime | ||||||
12 | method is not in the best interest of the State. Any decision | ||||||
13 | by the Procurement Policy Board to disapprove the use of the | ||||||
14 | single prime method shall be made in writing to the Capital | ||||||
15 | Development Board, posted on the online Procurement Bulletin, | ||||||
16 | and shall state the reasons why the single prime method was | ||||||
17 | disapproved and why it is not in the best interest of the | ||||||
18 | State. | ||||||
19 | (b) The provisions of this subsection are operative on and | ||||||
20 | after January 1, 2020.
For building construction contracts in | ||||||
21 | excess of $250,000, separate specifications shall be prepared | ||||||
22 | for all equipment, labor, and materials in connection with the | ||||||
23 | following 5 subdivisions of the work to be performed: | ||||||
24 | (1) plumbing; | ||||||
25 | (2) heating, piping, refrigeration, and automatic | ||||||
26 | temperature control systems, including the testing and |
| |||||||
| |||||||
1 | balancing of those systems; | ||||||
2 | (3) ventilating and distribution systems for | ||||||
3 | conditioned air, including the testing and balancing of | ||||||
4 | those systems; | ||||||
5 | (4) electric wiring; and | ||||||
6 | (5) general contract work. | ||||||
7 | The specifications must be so drawn as to permit separate | ||||||
8 | and independent bidding upon each of the 5 subdivisions of | ||||||
9 | work. All contracts awarded for any part thereof shall award | ||||||
10 | the 5 subdivisions of work separately to responsible and | ||||||
11 | reliable persons, firms, or corporations engaged in these | ||||||
12 | classes of work. The contracts, at the discretion of the | ||||||
13 | construction agency, may be assigned to the successful bidder | ||||||
14 | on the general contract work or to the successful bidder on the | ||||||
15 | subdivision of work designated by the construction agency | ||||||
16 | before the bidding as the prime subdivision of work, provided | ||||||
17 | that all payments will be made directly to the contractors for | ||||||
18 | the 5 subdivisions of work upon compliance with the conditions | ||||||
19 | of the contract. | ||||||
20 | (Source: P.A. 98-431, eff. 8-16-13; 98-1076, eff. 1-1-15; | ||||||
21 | 99-257, eff. 8-4-15.)
| ||||||
22 | (30 ILCS 500/45-45)
| ||||||
23 | Sec. 45-45. Small businesses.
| ||||||
24 | (a) Set-asides. Each chief procurement officer has | ||||||
25 | authority to designate as
small business set-asides a fair
|
| |||||||
| |||||||
1 | proportion of construction, supply, and service contracts for | ||||||
2 | award
to small businesses in Illinois.
Advertisements for bids | ||||||
3 | or offers for those contracts shall
specify designation as | ||||||
4 | small business
set-asides. In awarding the contracts, only bids | ||||||
5 | or offers from
qualified small businesses shall
be considered.
| ||||||
6 | (b) Small business. "Small business" means a business that
| ||||||
7 | is independently owned and
operated and that is not dominant in | ||||||
8 | its field of operation. The
chief procurement officer shall | ||||||
9 | establish a detailed
definition by rule, using in addition to | ||||||
10 | the foregoing criteria
other criteria, including the number
of | ||||||
11 | employees and the dollar volume of business. When computing
the | ||||||
12 | size status of a potential contractor,
annual sales and | ||||||
13 | receipts of the potential contractor and all of its affiliates
| ||||||
14 | shall be included. The maximum
number of employees and the | ||||||
15 | maximum dollar volume that a small
business may have under
the | ||||||
16 | rules promulgated by the chief procurement officer may vary | ||||||
17 | from industry
to
industry to the extent necessary
to reflect | ||||||
18 | differing characteristics of those industries, subject
to the | ||||||
19 | following limitations:
| ||||||
20 | (1) No wholesale business is a small business if its
| ||||||
21 | annual sales for its most
recently completed fiscal year | ||||||
22 | exceed $13,000,000.
| ||||||
23 | (2) No retail business or business selling services is
| ||||||
24 | a small business if its
annual sales and receipts exceed | ||||||
25 | $8,000,000.
| ||||||
26 | (3) No manufacturing business is a small business if it
|
| |||||||
| |||||||
1 | employs more than 250
persons.
| ||||||
2 | (4) No construction business is a small business if its
| ||||||
3 | annual sales and receipts
exceed $14,000,000.
| ||||||
4 | (c) Fair proportion. For the purpose of subsection (a), for | ||||||
5 | State agencies
of the executive branch, a
fair proportion of | ||||||
6 | construction
contracts shall be no less than 25% nor more than | ||||||
7 | 40% of the
annual total contracts for
construction.
| ||||||
8 | (d) Withdrawal of designation. A small business set-aside
| ||||||
9 | designation may be withdrawn
by the purchasing agency when | ||||||
10 | deemed in the best interests of the
State. Upon withdrawal, all
| ||||||
11 | bids or offers shall be rejected, and the bidders or offerors
| ||||||
12 | shall be notified of the reason for
rejection. The contract | ||||||
13 | shall then be awarded in accordance with
this Code without the
| ||||||
14 | designation of small business set-aside.
| ||||||
15 | (e) Small business specialist. The chief procurement | ||||||
16 | officer shall
designate a
State purchasing officer
who will be | ||||||
17 | responsible for engaging an experienced contract
negotiator to | ||||||
18 | serve as its small
business specialist, whose duties shall | ||||||
19 | include:
| ||||||
20 | (1) Compiling and maintaining a comprehensive
list of | ||||||
21 | potential small contractors. In this duty, he or she shall | ||||||
22 | cooperate with the
Federal Small Business
Administration | ||||||
23 | in locating potential sources for various products
and | ||||||
24 | services.
| ||||||
25 | (2) Assisting small businesses in complying with the
| ||||||
26 | procedures for bidding
on State contracts.
|
| |||||||
| |||||||
1 | (3) Examining requests from State agencies for the
| ||||||
2 | purchase of property or
services to help determine which | ||||||
3 | invitations to bid are to be
designated small business | ||||||
4 | set-asides.
| ||||||
5 | (4) Making recommendations to the chief procurement | ||||||
6 | officer for the
simplification of
specifications and terms | ||||||
7 | in order to increase the opportunities
for small business | ||||||
8 | participation.
| ||||||
9 | (5) Assisting in investigations by purchasing agencies
| ||||||
10 | to determine the
responsibility of bidders or offerors on | ||||||
11 | small business set-asides.
| ||||||
12 | (f) Small business annual report. The State purchasing
| ||||||
13 | officer designated under
subsection (e) shall annually before | ||||||
14 | December 1 report in writing
to the General Assembly
concerning | ||||||
15 | the awarding of contracts to small businesses. The
report shall | ||||||
16 | include the total
value of awards made in the preceding fiscal | ||||||
17 | year under the
designation of small business set-aside.
The | ||||||
18 | report shall also include the total value of awards made to
| ||||||
19 | businesses owned by minorities, women females , and persons with | ||||||
20 | disabilities, as
defined in the Business Enterprise for | ||||||
21 | Minorities, Women Females , and Persons with
Disabilities Act, | ||||||
22 | in the preceding fiscal year under the designation of small
| ||||||
23 | business set-aside.
| ||||||
24 | The requirement for reporting to the General Assembly shall
| ||||||
25 | be satisfied by filing copies
of the report as required by | ||||||
26 | Section 3.1 of the General Assembly
Organization Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-1076, eff. 1-1-15 .)
| ||||||
2 | (30 ILCS 500/45-57) | ||||||
3 | Sec. 45-57. Veterans. | ||||||
4 | (a) Set-aside goal. It is the goal of the State to promote | ||||||
5 | and encourage the continued economic development of small | ||||||
6 | businesses owned and controlled by qualified veterans and that | ||||||
7 | qualified service-disabled veteran-owned small businesses | ||||||
8 | (referred to as SDVOSB) and veteran-owned small businesses | ||||||
9 | (referred to as VOSB) participate in the State's procurement | ||||||
10 | process as both prime contractors and subcontractors. Not less | ||||||
11 | than 3% of the total dollar amount of State contracts, as | ||||||
12 | defined by the Director of Central Management Services, shall | ||||||
13 | be established as a goal to be awarded to SDVOSB and VOSB. That
| ||||||
14 | portion of a contract under which the contractor subcontracts
| ||||||
15 | with a SDVOSB or VOSB may be counted toward the
goal of this | ||||||
16 | subsection. The Department of Central Management Services | ||||||
17 | shall adopt rules to implement compliance with this subsection | ||||||
18 | by all State agencies. | ||||||
19 | (b) Fiscal year reports. By each September 1, each chief | ||||||
20 | procurement officer shall report to the Department of Central | ||||||
21 | Management Services on all of the following for the immediately | ||||||
22 | preceding fiscal year, and by each March 1 the Department of | ||||||
23 | Central Management Services shall compile and report that | ||||||
24 | information to the General Assembly: | ||||||
25 | (1) The total number of VOSB, and the number of SDVOSB, |
| |||||||
| |||||||
1 | who submitted bids for contracts under this Code. | ||||||
2 | (2) The total number of VOSB, and the number of SDVOSB, | ||||||
3 | who entered into contracts with the State under this Code | ||||||
4 | and the total value of those contracts. | ||||||
5 | (c) Yearly review and recommendations. Each year, each | ||||||
6 | chief procurement officer shall review the progress of all | ||||||
7 | State agencies under its jurisdiction in meeting the goal | ||||||
8 | described in subsection (a), with input from statewide | ||||||
9 | veterans' service organizations and from the business | ||||||
10 | community, including businesses owned by qualified veterans, | ||||||
11 | and shall make recommendations to be included in the Department | ||||||
12 | of Central Management Services' report to the General Assembly | ||||||
13 | regarding continuation, increases, or decreases of the | ||||||
14 | percentage goal. The recommendations shall be based upon the | ||||||
15 | number of businesses that are owned by qualified veterans and | ||||||
16 | on the continued need to encourage and promote businesses owned | ||||||
17 | by qualified veterans. | ||||||
18 | (d) Governor's recommendations. To assist the State in | ||||||
19 | reaching the goal described in subsection (a), the Governor | ||||||
20 | shall recommend to the General Assembly changes in programs to | ||||||
21 | assist businesses owned by qualified veterans. | ||||||
22 | (e) Definitions. As used in this Section: | ||||||
23 | "Armed forces of the United States" means the United States | ||||||
24 | Army, Navy, Air Force, Marine Corps, Coast Guard, or service in | ||||||
25 | active duty as defined under 38 U.S.C. Section 101. Service in | ||||||
26 | the Merchant Marine that constitutes active duty under Section |
| |||||||
| |||||||
1 | 401 of federal Public Act 95-202 shall also be considered | ||||||
2 | service in the armed forces for purposes of this Section. | ||||||
3 | "Certification" means a determination made by the Illinois | ||||||
4 | Department of Veterans' Affairs and the Department of Central | ||||||
5 | Management Services that a business entity is a qualified | ||||||
6 | service-disabled veteran-owned small business or a qualified | ||||||
7 | veteran-owned small business for whatever purpose. A SDVOSB or | ||||||
8 | VOSB owned and controlled by women females , minorities, or | ||||||
9 | persons with disabilities, as those terms are defined in | ||||||
10 | Section 2 of the Business Enterprise for Minorities, Women | ||||||
11 | Females , and Persons with Disabilities Act, may also select and | ||||||
12 | designate whether that business is to be certified as a | ||||||
13 | " women-owned female-owned business", "minority-owned | ||||||
14 | business", or "business owned by a person with a disability", | ||||||
15 | as defined in Section 2 of the Business Enterprise for | ||||||
16 | Minorities, Women Females , and Persons with Disabilities Act. | ||||||
17 | "Control" means the exclusive, ultimate, majority, or sole | ||||||
18 | control of the business, including but not limited to capital | ||||||
19 | investment and all other financial matters, property, | ||||||
20 | acquisitions, contract negotiations, legal matters, | ||||||
21 | officer-director-employee selection and comprehensive hiring, | ||||||
22 | operation responsibilities, cost-control matters, income and | ||||||
23 | dividend matters, financial transactions, and rights of other | ||||||
24 | shareholders or joint partners. Control shall be real, | ||||||
25 | substantial, and continuing, not pro forma. Control shall | ||||||
26 | include the power to direct or cause the direction of the |
| |||||||
| |||||||
1 | management and policies of the business and to make the | ||||||
2 | day-to-day as well as major decisions in matters of policy, | ||||||
3 | management, and operations. Control shall be exemplified by | ||||||
4 | possessing the requisite knowledge and expertise to run the | ||||||
5 | particular business, and control shall not include simple | ||||||
6 | majority or absentee ownership. | ||||||
7 | "Qualified service-disabled veteran" means a
veteran who | ||||||
8 | has been found to have 10% or more service-connected disability | ||||||
9 | by the United States Department of Veterans Affairs or the | ||||||
10 | United States Department of Defense. | ||||||
11 | "Qualified service-disabled veteran-owned small business" | ||||||
12 | or "SDVOSB" means a small business (i) that is at least 51% | ||||||
13 | owned by one or more qualified service-disabled veterans living | ||||||
14 | in Illinois or, in the case of a corporation, at least 51% of | ||||||
15 | the stock of which is owned by one or more qualified | ||||||
16 | service-disabled veterans living in Illinois; (ii) that has its | ||||||
17 | home office in Illinois; and (iii) for which items (i) and (ii) | ||||||
18 | are factually verified annually by the Department of Central | ||||||
19 | Management Services. | ||||||
20 | "Qualified veteran-owned small business" or "VOSB" means a | ||||||
21 | small business (i) that is at least 51% owned by one or more | ||||||
22 | qualified veterans living in Illinois or, in the case of a | ||||||
23 | corporation, at least 51% of the stock of which is owned by one | ||||||
24 | or more qualified veterans living in Illinois; (ii) that has | ||||||
25 | its home office in Illinois; and (iii) for which items (i) and | ||||||
26 | (ii) are factually verified annually by the Department of |
| |||||||
| |||||||
1 | Central Management Services. | ||||||
2 | "Service-connected disability" means a disability incurred | ||||||
3 | in the line of duty in the active military, naval, or air | ||||||
4 | service as described in 38 U.S.C. 101(16). | ||||||
5 | "Small business" means a business that has annual gross | ||||||
6 | sales of less than $75,000,000 as evidenced by the federal | ||||||
7 | income tax return of the business. A firm with gross sales in | ||||||
8 | excess of this cap may apply to the Department of Central | ||||||
9 | Management Services for certification for a particular | ||||||
10 | contract if the firm can demonstrate that the contract would | ||||||
11 | have significant impact on SDVOSB or VOSB as suppliers or | ||||||
12 | subcontractors or in employment of veterans or | ||||||
13 | service-disabled veterans. | ||||||
14 | "State agency" has the same meaning as in Section 2 of the | ||||||
15 | Business Enterprise for Minorities, Women Females , and Persons | ||||||
16 | with Disabilities Act. | ||||||
17 | "Time of hostilities with a foreign country" means any | ||||||
18 | period of time in the past, present, or future during which a | ||||||
19 | declaration of war by the United States Congress has been or is | ||||||
20 | in effect or during which an emergency condition has been or is | ||||||
21 | in effect that is recognized by the issuance of a Presidential | ||||||
22 | proclamation or a Presidential executive order and in which the | ||||||
23 | armed forces expeditionary medal or other campaign service | ||||||
24 | medals are awarded according to Presidential executive order. | ||||||
25 | "Veteran" means a person who (i) has been a member of the | ||||||
26 | armed forces of the United States or, while a citizen of the |
| |||||||
| |||||||
1 | United States, was a member of the armed forces of allies of | ||||||
2 | the United States in time of hostilities with a foreign country | ||||||
3 | and (ii) has served under one or more of the following | ||||||
4 | conditions: (a) the veteran served a total of at least 6 | ||||||
5 | months; (b) the veteran served for the duration of hostilities | ||||||
6 | regardless of the length of the engagement; (c) the veteran was | ||||||
7 | discharged on the basis of hardship; or (d) the veteran was | ||||||
8 | released from active duty because of a service connected | ||||||
9 | disability and was discharged under honorable conditions. | ||||||
10 | (f) Certification program. The Illinois Department of | ||||||
11 | Veterans' Affairs and the Department of Central Management | ||||||
12 | Services shall work together to devise a certification | ||||||
13 | procedure to assure that businesses taking advantage of this | ||||||
14 | Section are legitimately classified as qualified | ||||||
15 | service-disabled veteran-owned small businesses or qualified | ||||||
16 | veteran-owned small businesses.
| ||||||
17 | (g) Penalties. | ||||||
18 | (1) Administrative penalties. The chief procurement | ||||||
19 | officers appointed pursuant to Section 10-20 shall suspend | ||||||
20 | any person who commits a violation of Section 17-10.3 or | ||||||
21 | subsection (d) of Section 33E-6 of the Criminal Code of | ||||||
22 | 2012 relating to this Section from bidding on, or | ||||||
23 | participating as a contractor, subcontractor, or supplier | ||||||
24 | in, any State contract or project for a period of not less | ||||||
25 | than 3 years, and, if the person is certified as a | ||||||
26 | service-disabled veteran-owned small business or a |
| |||||||
| |||||||
1 | veteran-owned small business, then the Department shall | ||||||
2 | revoke the business's certification for a period of not | ||||||
3 | less than 3 years. An additional or subsequent violation | ||||||
4 | shall extend the periods of suspension and revocation for a | ||||||
5 | period of not less than 5 years. The suspension and | ||||||
6 | revocation shall apply to the principals of the business | ||||||
7 | and any subsequent business formed or financed by, or | ||||||
8 | affiliated with, those principals. | ||||||
9 | (2) Reports of violations. Each State agency shall | ||||||
10 | report any alleged violation of Section 17-10.3 or | ||||||
11 | subsection (d) of Section 33E-6 of the Criminal Code of | ||||||
12 | 2012 relating to this Section to the chief procurement | ||||||
13 | officers appointed pursuant to Section 10-20. The chief | ||||||
14 | procurement officers appointed pursuant to Section 10-20 | ||||||
15 | shall subsequently report all such alleged violations to | ||||||
16 | the Attorney General, who shall determine whether to bring | ||||||
17 | a civil action against any person for the violation. | ||||||
18 | (3) List of suspended persons. The chief procurement | ||||||
19 | officers appointed pursuant to Section 10-20 shall monitor | ||||||
20 | the status of all reported violations of Section 17-10.3 or | ||||||
21 | subsection (d) of Section 33E-6 of the Criminal Code of | ||||||
22 | 1961 or the Criminal Code of 2012 relating to this Section | ||||||
23 | and shall maintain and make available to all State agencies | ||||||
24 | a central listing of all persons that committed violations | ||||||
25 | resulting in suspension. | ||||||
26 | (4) Use of suspended persons. During the period of a |
| |||||||
| |||||||
1 | person's suspension under paragraph (1) of this | ||||||
2 | subsection, a State agency shall not enter into any | ||||||
3 | contract with that person or with any contractor using the | ||||||
4 | services of that person as a subcontractor. | ||||||
5 | (5) Duty to check list. Each State agency shall check | ||||||
6 | the central listing provided by the chief procurement | ||||||
7 | officers appointed pursuant to Section 10-20 under | ||||||
8 | paragraph (3) of this subsection to verify that a person | ||||||
9 | being awarded a contract by that State agency, or to be | ||||||
10 | used as a subcontractor or supplier on a contract being | ||||||
11 | awarded by that State agency, is not under suspension | ||||||
12 | pursuant to paragraph (1) of this subsection. | ||||||
13 | (Source: P.A. 97-260, eff. 8-5-11; 97-1150, eff. 1-25-13; | ||||||
14 | 98-307, eff. 8-12-13; 98-1076, eff. 1-1-15 .)
| ||||||
15 | (30 ILCS 500/45-65)
| ||||||
16 | Sec. 45-65. Additional preferences. This Code is subject
to | ||||||
17 | applicable provisions of:
| ||||||
18 | (1) the Public Purchases in Other States Act;
| ||||||
19 | (2) the Illinois Mined Coal Act;
| ||||||
20 | (3) the Steel Products Procurement Act;
| ||||||
21 | (4) the Veterans Preference Act;
| ||||||
22 | (5) the Business Enterprise for Minorities, Women | ||||||
23 | Females , and Persons with
Disabilities Act; and | ||||||
24 | (6) the Procurement of Domestic Products Act.
| ||||||
25 | (Source: P.A. 93-954, eff. 1-1-05.)
|
| |||||||
| |||||||
1 | Section 60. The Design-Build
Procurement Act is amended by | ||||||
2 | changing Sections 5, 15, 30, and 46 as follows:
| ||||||
3 | (30 ILCS 537/5) | ||||||
4 | (Section scheduled to be repealed on July 1, 2019)
| ||||||
5 | Sec. 5. Legislative policy. It is the intent of the | ||||||
6 | General Assembly
that
the Capital Development Board be allowed | ||||||
7 | to use the design-build delivery method
for public
projects if | ||||||
8 | it is shown to be in the State's best interest for that | ||||||
9 | particular
project. It shall be the policy of the Capital | ||||||
10 | Development Board in the
procurement of
design-build services | ||||||
11 | to publicly announce all requirements for design-build
| ||||||
12 | services and to procure these services on the basis of | ||||||
13 | demonstrated competence
and qualifications and with due regard | ||||||
14 | for the principles of competitive
selection.
| ||||||
15 | The Capital Development Board shall, prior to issuing | ||||||
16 | requests for proposals,
promulgate
and publish procedures for | ||||||
17 | the solicitation and award of contracts pursuant to
this Act.
| ||||||
18 | The Capital Development Board shall, for each public | ||||||
19 | project or projects
permitted under
this Act, make a written | ||||||
20 | determination, including a description as to the
particular | ||||||
21 | advantages of the design-build procurement method, that it is | ||||||
22 | in the
best interests of this State to enter into a | ||||||
23 | design-build contract for the
project or projects. In making | ||||||
24 | that determination, the following factors shall
be considered:
|
| |||||||
| |||||||
1 | (1) The probability that the design-build procurement | ||||||
2 | method will be in
the best interests of the State by | ||||||
3 | providing a material savings of time or
cost over the | ||||||
4 | design-bid-build or other delivery system.
| ||||||
5 | (2) The type and size of the project and its | ||||||
6 | suitability to the
design-build procurement method.
| ||||||
7 | (3) The ability of the State construction agency to | ||||||
8 | define and provide
comprehensive
scope and performance | ||||||
9 | criteria for the project.
| ||||||
10 | No State construction agency may use a design-build | ||||||
11 | procurement method unless the agency determines in writing that | ||||||
12 | the project will comply with the disadvantaged business and | ||||||
13 | equal employment practices of the State as established in the | ||||||
14 | Business Enterprise for Minorities, Women Females , and Persons | ||||||
15 | with Disabilities Act and Section 2-105 of the Illinois Human | ||||||
16 | Rights Act.
| ||||||
17 | The Capital Development Board shall within 15 days after | ||||||
18 | the initial
determination provide an advisory copy to the | ||||||
19 | Procurement Policy Board and
maintain the full record of | ||||||
20 | determination for 5 years.
| ||||||
21 | (Source: P.A. 94-716, eff. 12-13-05 .)
| ||||||
22 | (30 ILCS 537/15) | ||||||
23 | (Section scheduled to be repealed on July 1, 2019)
| ||||||
24 | Sec. 15. Solicitation of proposals.
| ||||||
25 | (a) When the State construction agency elects to use the |
| |||||||
| |||||||
1 | design-build delivery
method, it must
issue a notice of intent | ||||||
2 | to receive requests for proposals for the project at
least 14 | ||||||
3 | days before issuing the request for the proposal. The State
| ||||||
4 | construction agency
must publish the advance notice in the | ||||||
5 | official procurement bulletin of the
State or the professional | ||||||
6 | services bulletin of the State construction agency,
if any. The
| ||||||
7 | agency is encouraged to use publication of the notice in | ||||||
8 | related construction
industry service publications. A brief | ||||||
9 | description of the proposed procurement
must be included in the | ||||||
10 | notice. The State construction agency must provide a
copy of | ||||||
11 | the
request for proposal to any party requesting a copy.
| ||||||
12 | (b) The request for proposal shall be prepared for each | ||||||
13 | project and must
contain, without limitation, the following | ||||||
14 | information:
| ||||||
15 | (1) The name of the State construction agency.
| ||||||
16 | (2) A preliminary schedule for the completion of the | ||||||
17 | contract.
| ||||||
18 | (3) The proposed budget for the project, the source of | ||||||
19 | funds, and the
currently available funds at the time the | ||||||
20 | request for proposal is submitted.
| ||||||
21 | (4) Prequalification criteria for design-build | ||||||
22 | entities wishing to submit
proposals.
The State | ||||||
23 | construction agency shall include, at a minimum, its normal
| ||||||
24 | prequalification, licensing, registration, and other | ||||||
25 | requirements, but nothing
contained herein precludes the | ||||||
26 | use of additional prequalification criteria
by the State |
| |||||||
| |||||||
1 | construction agency.
| ||||||
2 | (5) Material requirements of the contract, including | ||||||
3 | but not limited to,
the proposed terms and conditions, | ||||||
4 | required performance and payment bonds,
insurance, and the | ||||||
5 | entity's plan to comply with the utilization goals for | ||||||
6 | business enterprises established in the Business | ||||||
7 | Enterprise for Minorities, Women Females , and Persons with | ||||||
8 | Disabilities Act, and with Section 2-105 of the Illinois | ||||||
9 | Human Rights Act.
| ||||||
10 | (6) The performance criteria.
| ||||||
11 | (7) The evaluation criteria for each phase of the | ||||||
12 | solicitation.
| ||||||
13 | (8) The number of entities that will be considered for | ||||||
14 | the technical and
cost
evaluation phase.
| ||||||
15 | (c) The State construction agency may include any other | ||||||
16 | relevant information
that it
chooses to supply. The | ||||||
17 | design-build entity shall be entitled to rely upon the
accuracy | ||||||
18 | of this documentation in the development of its proposal.
| ||||||
19 | (d) The date that proposals are due must be at least 21 | ||||||
20 | calendar days after
the date of the issuance of the request for | ||||||
21 | proposal. In the event the cost of
the project
is estimated to | ||||||
22 | exceed $10 million, then the proposal due date must be at least
| ||||||
23 | 28 calendar days after the date of the issuance of the request | ||||||
24 | for proposal.
The State construction agency shall include in | ||||||
25 | the request for proposal a
minimum of 30 days
to develop the | ||||||
26 | Phase II submissions after the selection of entities
from the |
| |||||||
| |||||||
1 | Phase I evaluation is completed.
| ||||||
2 | (Source: P.A. 94-716, eff. 12-13-05 .)
| ||||||
3 | (30 ILCS 537/30) | ||||||
4 | (Section scheduled to be repealed on July 1, 2019)
| ||||||
5 | Sec. 30. Procedures for Selection.
| ||||||
6 | (a) The State construction agency must use a two-phase | ||||||
7 | procedure for the
selection of the
successful design-build | ||||||
8 | entity. Phase I of the procedure will evaluate and
shortlist | ||||||
9 | the design-build entities based on qualifications, and Phase II
| ||||||
10 | will
evaluate the technical and cost proposals.
| ||||||
11 | (b) The State construction agency shall include in the | ||||||
12 | request for proposal
the
evaluating factors to be used in Phase | ||||||
13 | I. These factors are in addition to any
prequalification | ||||||
14 | requirements of design-build entities that the agency has set
| ||||||
15 | forth. Each request for proposal shall establish the relative | ||||||
16 | importance
assigned to each evaluation factor and subfactor, | ||||||
17 | including any weighting of
criteria to be employed by the State | ||||||
18 | construction agency. The State
construction agency must | ||||||
19 | maintain a
record of the evaluation scoring to be disclosed in | ||||||
20 | event of a protest
regarding the solicitation.
| ||||||
21 | The State construction agency shall include the following | ||||||
22 | criteria in every
Phase I
evaluation of design-build entities: | ||||||
23 | (1) experience of personnel; (2)
successful
experience with | ||||||
24 | similar project types; (3) financial capability; (4) | ||||||
25 | timeliness
of past performance; (5) experience with similarly |
| |||||||
| |||||||
1 | sized projects; (6)
successful reference checks of the firm; | ||||||
2 | (7) commitment to assign personnel
for the duration of the | ||||||
3 | project and qualifications of the entity's consultants; and (8) | ||||||
4 | ability or past performance in meeting or exhausting good faith | ||||||
5 | efforts to meet the utilization goals for business enterprises | ||||||
6 | established in the Business Enterprise for Minorities, Women | ||||||
7 | Females , and Persons with Disabilities Act and with Section | ||||||
8 | 2-105 of the Illinois Human Rights Act.
The State construction | ||||||
9 | agency may include any additional relevant criteria in
Phase I | ||||||
10 | that
it deems necessary for a proper qualification review.
| ||||||
11 | The State construction agency may not consider any | ||||||
12 | design-build entity for
evaluation or
award if the entity has | ||||||
13 | any pecuniary interest in the project or has other
| ||||||
14 | relationships or circumstances, including but not limited to, | ||||||
15 | long-term
leasehold, mutual performance, or development | ||||||
16 | contracts with the State
construction agency,
that may give the | ||||||
17 | design-build entity a financial or tangible advantage over
| ||||||
18 | other design-build entities in the preparation, evaluation, or | ||||||
19 | performance of
the
design-build contract or that create the | ||||||
20 | appearance of impropriety.
No proposal shall be considered that | ||||||
21 | does not include an entity's plan to comply with the | ||||||
22 | requirements established in the Business Enterprise for | ||||||
23 | Minorities, Women Females , and Persons with Disabilities Act, | ||||||
24 | for both the design and construction areas of performance, and | ||||||
25 | with Section 2-105 of the Illinois Human Rights Act.
| ||||||
26 | Upon completion of the qualifications evaluation, the |
| |||||||
| |||||||
1 | State construction
agency shall
create a shortlist of the most | ||||||
2 | highly qualified design-build entities. The
State
construction | ||||||
3 | agency, in its discretion, is not required to shortlist the
| ||||||
4 | maximum number of
entities as identified for Phase II | ||||||
5 | evaluation, provided however, no less than
2
design-build | ||||||
6 | entities nor more than 6 are selected to submit Phase II
| ||||||
7 | proposals.
| ||||||
8 | The State construction agency shall notify the entities | ||||||
9 | selected for the
shortlist in
writing. This notification shall | ||||||
10 | commence the period for the preparation of the
Phase II | ||||||
11 | technical and cost evaluations. The State construction agency | ||||||
12 | must
allow sufficient
time for the shortlist entities to | ||||||
13 | prepare their Phase II submittals
considering
the scope and | ||||||
14 | detail requested by the State agency.
| ||||||
15 | (c) The State construction agency shall include in the | ||||||
16 | request for proposal
the
evaluating factors to be used in the | ||||||
17 | technical and cost submission components
of Phase II. Each | ||||||
18 | request for proposal shall establish, for both the technical
| ||||||
19 | and cost submission components of Phase II, the relative | ||||||
20 | importance assigned to
each evaluation factor and subfactor, | ||||||
21 | including any weighting of criteria to be
employed by the State | ||||||
22 | construction agency. The State construction agency must
| ||||||
23 | maintain a record of the
evaluation scoring to be disclosed in | ||||||
24 | event of a protest regarding the
solicitation.
| ||||||
25 | The State construction agency shall include the following | ||||||
26 | criteria in every
Phase II
technical evaluation of design-build |
| |||||||
| |||||||
1 | entities: (1) compliance with objectives
of
the
project; (2) | ||||||
2 | compliance of proposed services to the request for proposal
| ||||||
3 | requirements; (3) quality of products or materials proposed; | ||||||
4 | (4) quality of
design parameters; (5) design concepts; (6) | ||||||
5 | innovation in meeting the scope and
performance criteria; and | ||||||
6 | (7) constructability of the
proposed project. The State | ||||||
7 | construction agency may include any additional
relevant
| ||||||
8 | technical evaluation factors it deems necessary for proper | ||||||
9 | selection.
| ||||||
10 | The State construction agency shall include the following | ||||||
11 | criteria in every
Phase II cost
evaluation: the total project | ||||||
12 | cost, the construction costs, and the time of
completion. The | ||||||
13 | State construction agency may include any additional relevant
| ||||||
14 | technical
evaluation factors it deems necessary for proper | ||||||
15 | selection. The total project cost criteria weighing factor | ||||||
16 | shall be 25%.
| ||||||
17 | The State construction agency shall directly employ or | ||||||
18 | retain a licensed
design
professional to evaluate the technical | ||||||
19 | and cost submissions to determine if the
technical submissions | ||||||
20 | are in accordance with generally
accepted industry standards.
| ||||||
21 | Upon completion of the technical submissions and cost | ||||||
22 | submissions evaluation,
the State construction agency may | ||||||
23 | award the design-build contract to the
highest
overall ranked | ||||||
24 | entity.
| ||||||
25 | (Source: P.A. 96-21, eff. 6-30-09 .)
|
| |||||||
| |||||||
1 | (30 ILCS 537/46) | ||||||
2 | (Section scheduled to be repealed on July 1, 2019)
| ||||||
3 | Sec. 46. Reports and evaluation. At the end of every 6 | ||||||
4 | month period following the contract award, and again prior to | ||||||
5 | final contract payout and closure, a selected design-build | ||||||
6 | entity shall detail, in a written report submitted to the State | ||||||
7 | agency, its efforts and success in implementing the entity's | ||||||
8 | plan to comply with the utilization goals for business | ||||||
9 | enterprises established in the Business Enterprise for | ||||||
10 | Minorities, Women Females , and Persons with Disabilities Act | ||||||
11 | and the provisions of Section 2-105 of the Illinois Human | ||||||
12 | Rights Act. If the entity's performance in implementing the | ||||||
13 | plan falls short of the performance measures and outcomes set | ||||||
14 | forth in the plans submitted by the entity during the proposal | ||||||
15 | process, the entity shall, in a detailed written report, inform | ||||||
16 | the General Assembly and the Governor whether and to what | ||||||
17 | degree each design-build contract authorized under this Act | ||||||
18 | promoted the utilization goals for business enterprises | ||||||
19 | established in the Business Enterprise for Minorities, Women | ||||||
20 | Females , and Persons with Disabilities Act and the provisions | ||||||
21 | of Section 2-105 of the Illinois Human Rights Act.
| ||||||
22 | (Source: P.A. 94-716, eff. 12-13-05 .)
| ||||||
23 | Section 65. The Project Labor Agreements Act is amended by | ||||||
24 | changing Sections 25 and 37 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 571/25)
| ||||||
2 | Sec. 25. Contents of agreement. Pursuant to this Act, any | ||||||
3 | project labor agreement shall: | ||||||
4 | (a) Set forth effective, immediate, and mutually | ||||||
5 | binding procedures for resolving jurisdictional labor | ||||||
6 | disputes and grievances arising before the completion of | ||||||
7 | work. | ||||||
8 | (b) Contain guarantees against strikes, lockouts, or | ||||||
9 | similar actions. | ||||||
10 | (c) Ensure a reliable source of skilled and experienced | ||||||
11 | labor. | ||||||
12 | (d) For minorities and women females as defined under | ||||||
13 | the Business Enterprise for Minorities, Women Females , and | ||||||
14 | Persons with Disabilities Act, set forth goals for | ||||||
15 | apprenticeship hours to be performed by minorities and | ||||||
16 | women females and set forth goals for total hours to be | ||||||
17 | performed by underrepresented minorities and women | ||||||
18 | females . | ||||||
19 | (e) Permit the selection of the lowest qualified | ||||||
20 | responsible bidder, without regard to union or non-union | ||||||
21 | status at other construction sites. | ||||||
22 | (f) Bind all contractors and subcontractors on the | ||||||
23 | public works project through the inclusion of appropriate | ||||||
24 | bid specifications in all relevant bid documents. | ||||||
25 | (g) Include such other terms as the parties deem | ||||||
26 | appropriate.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-199, eff. 7-27-11.)
| ||||||
2 | (30 ILCS 571/37)
| ||||||
3 | Sec. 37. Quarterly report; annual report. A State | ||||||
4 | department, agency, authority, board, or instrumentality that | ||||||
5 | has a project labor agreement in connection with a public works | ||||||
6 | project shall prepare a quarterly report that includes | ||||||
7 | workforce participation under the agreement by minorities and | ||||||
8 | women females as defined under the Business Enterprise for | ||||||
9 | Minorities, Women Females , and Persons with Disabilities Act. | ||||||
10 | These reports shall be submitted to the Illinois Department of | ||||||
11 | Labor. The Illinois Department of Labor shall submit to the | ||||||
12 | General Assembly and the Governor an annual report that details | ||||||
13 | the number of minorities and women females employed under all | ||||||
14 | public labor agreements within the State.
| ||||||
15 | (Source: P.A. 97-199, eff. 7-27-11.)
| ||||||
16 | Section 70. The Business Enterprise for Minorities, | ||||||
17 | Females, and Persons with
Disabilities Act is amended by | ||||||
18 | changing Sections 0.01, 1, 2, 4, 4f, 5, 6, 6a, 7, 8, 8a, 8b, and | ||||||
19 | 8f and by adding Sections 8g, 8h, and 8i as follows:
| ||||||
20 | (30 ILCS 575/0.01) (from Ch. 127, par. 132.600)
| ||||||
21 | (Section scheduled to be repealed on June 30, 2020)
| ||||||
22 | Sec. 0.01. Short title. This Act may be
cited as the | ||||||
23 | Business Enterprise for Minorities, Women Females , and Persons |
| |||||||
| |||||||
1 | with Disabilities Act.
| ||||||
2 | (Source: P.A. 88-597, eff. 8-28-94 .)
| ||||||
3 | (30 ILCS 575/1) (from Ch. 127, par. 132.601)
| ||||||
4 | (Section scheduled to be repealed on June 30, 2020)
| ||||||
5 | Sec. 1. Purpose. The State of Illinois declares that it is | ||||||
6 | the public
policy of the State to promote and encourage the | ||||||
7 | continuing economic
development of minority-owned minority and | ||||||
8 | women-owned female owned and operated businesses
and that | ||||||
9 | minority-owned
minority and women-owned female owned and | ||||||
10 | operated businesses participate in the
State's procurement | ||||||
11 | process as both prime and subcontractors.
The State
of Illinois | ||||||
12 | has observed that the goals established in this
Act have served | ||||||
13 | to increase the
participation of minority and women female | ||||||
14 | businesses
in contracts awarded by the
State. The State hereby | ||||||
15 | declares that
the adoption of this amendatory Act of 1989 shall | ||||||
16 | serve the State's
continuing interest in promoting open access | ||||||
17 | in the awarding of State
contracts to disadvantaged small | ||||||
18 | business enterprises victimized by
discriminatory
practices. | ||||||
19 | Furthermore, after reviewing evidence of the high level of
| ||||||
20 | attainment of the 10% minimum goals established under this Act, | ||||||
21 | and, after
considering evidence that minority and women female | ||||||
22 | businesses, as established in
1982, constituted and continue to | ||||||
23 | constitute more than 10% of the
businesses operating in this | ||||||
24 | State, the State declares that the
continuation of such 10% | ||||||
25 | minimum goals under this amendatory Act of 1989 is
a narrowly |
| |||||||
| |||||||
1 | tailored means of promoting open access and thus the further
| ||||||
2 | growth and development of minority and women female businesses.
| ||||||
3 | The State of Illinois further declares that it is the | ||||||
4 | public policy of this
State to promote and encourage the | ||||||
5 | continuous economic development of
businesses
owned by persons | ||||||
6 | with disabilities and a 2% contracting goal is a narrowly
| ||||||
7 | tailored means of promoting open access and thus the further | ||||||
8 | growth and
development of those businesses.
| ||||||
9 | (Source: P.A. 88-597, eff. 8-28-94 .)
| ||||||
10 | (30 ILCS 575/2)
| ||||||
11 | (Section scheduled to be repealed on June 30, 2020) | ||||||
12 | Sec. 2. Definitions.
| ||||||
13 | (A) For the purpose of this Act, the following
terms shall | ||||||
14 | have the following definitions:
| ||||||
15 | (1) "Minority person" shall mean a person who is a | ||||||
16 | citizen or lawful
permanent resident of the United States | ||||||
17 | and who is any of the following:
| ||||||
18 | (a) American Indian or Alaska Native (a person | ||||||
19 | having origins in any of the original peoples of North | ||||||
20 | and South America, including Central America, and who | ||||||
21 | maintains tribal affiliation or community attachment). | ||||||
22 | (b) Asian (a person having origins in any of the | ||||||
23 | original peoples of the Far East, Southeast Asia, or | ||||||
24 | the Indian subcontinent, including, but not limited | ||||||
25 | to, Cambodia, China, India, Japan, Korea, Malaysia, |
| |||||||
| |||||||
1 | Pakistan, the Philippine Islands, Thailand, and | ||||||
2 | Vietnam). | ||||||
3 | (c) Black or African American (a person having | ||||||
4 | origins in any of the black racial groups of Africa). | ||||||
5 | Terms such as "Haitian" or "Negro" can be used in | ||||||
6 | addition to "Black or African American". | ||||||
7 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
8 | Puerto Rican, South or Central American, or other | ||||||
9 | Spanish culture or origin, regardless of race). | ||||||
10 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
11 | person having origins in any of the original peoples of | ||||||
12 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
13 | (2) " Woman Female " shall mean a person who is a citizen | ||||||
14 | or lawful permanent
resident of the United States and who | ||||||
15 | is of the female gender.
| ||||||
16 | (2.05) "Person with a disability" means a person who is | ||||||
17 | a citizen or
lawful resident of the United States and is a | ||||||
18 | person qualifying as a person with a disability under | ||||||
19 | subdivision (2.1) of this subsection (A).
| ||||||
20 | (2.1) "Person with a disability" means a person with a | ||||||
21 | severe physical or mental disability that:
| ||||||
22 | (a) results from:
| ||||||
23 | amputation,
| ||||||
24 | arthritis,
| ||||||
25 | autism,
| ||||||
26 | blindness,
|
| |||||||
| |||||||
1 | burn injury,
| ||||||
2 | cancer,
| ||||||
3 | cerebral palsy,
| ||||||
4 | Crohn's disease, | ||||||
5 | cystic fibrosis,
| ||||||
6 | deafness,
| ||||||
7 | head injury,
| ||||||
8 | heart disease,
| ||||||
9 | hemiplegia,
| ||||||
10 | hemophilia,
| ||||||
11 | respiratory or pulmonary dysfunction,
| ||||||
12 | an intellectual disability,
| ||||||
13 | mental illness,
| ||||||
14 | multiple sclerosis,
| ||||||
15 | muscular dystrophy,
| ||||||
16 | musculoskeletal disorders,
| ||||||
17 | neurological disorders, including stroke and | ||||||
18 | epilepsy,
| ||||||
19 | paraplegia,
| ||||||
20 | quadriplegia and other spinal cord conditions,
| ||||||
21 | sickle cell anemia,
| ||||||
22 | ulcerative colitis, | ||||||
23 | specific learning disabilities, or
| ||||||
24 | end stage renal failure disease; and
| ||||||
25 | (b) substantially limits one or more of the | ||||||
26 | person's major life activities.
|
| |||||||
| |||||||
1 | Another disability or combination of disabilities may | ||||||
2 | also be considered
as a severe disability for the purposes | ||||||
3 | of item (a) of this
subdivision (2.1) if it is determined | ||||||
4 | by an evaluation of
rehabilitation potential to
cause a | ||||||
5 | comparable degree of substantial functional limitation | ||||||
6 | similar to
the specific list of disabilities listed in item | ||||||
7 | (a) of this
subdivision (2.1).
| ||||||
8 | (3) " Minority-owned Minority owned business" means a | ||||||
9 | business which is at least
51% owned by one or more | ||||||
10 | minority persons, or in the case of a
corporation, at least | ||||||
11 | 51% of the stock in which is owned by one or
more minority | ||||||
12 | persons; and the management and daily business operations | ||||||
13 | of
which are controlled by one or more of the minority | ||||||
14 | individuals who own it.
| ||||||
15 | (4) " Women-owned Female owned business" means a | ||||||
16 | business which is at least
51% owned by one or more women | ||||||
17 | females , or, in the case of a corporation, at
least 51% of | ||||||
18 | the stock in which is owned by one or more women females ; | ||||||
19 | and the
management and daily business operations of which | ||||||
20 | are controlled by one or
more of the women females who own | ||||||
21 | it.
| ||||||
22 | (4.1) "Business owned by a person with a disability" | ||||||
23 | means a business
that is at least 51% owned by one or more | ||||||
24 | persons with a disability
and the management and daily | ||||||
25 | business operations of which
are controlled by one or more | ||||||
26 | of the persons with disabilities who own it. A
|
| |||||||
| |||||||
1 | not-for-profit agency for persons with disabilities that | ||||||
2 | is exempt from
taxation under Section 501 of the Internal | ||||||
3 | Revenue Code of 1986 is also
considered a "business owned | ||||||
4 | by a person with a disability".
| ||||||
5 | (4.2) "Council" means the Business Enterprise Council | ||||||
6 | for Minorities, Women
Females , and Persons with | ||||||
7 | Disabilities created under Section 5 of this Act.
| ||||||
8 | (5) "State contracts" means all contracts entered into | ||||||
9 | by the State, any agency or department thereof, or any | ||||||
10 | public institution of higher education, including | ||||||
11 | community college districts, regardless of the source of | ||||||
12 | the funds with which the contracts are paid, which are not | ||||||
13 | subject to federal reimbursement. "State contracts" does | ||||||
14 | not include contracts awarded by a retirement system, | ||||||
15 | pension fund, or investment board subject to Section | ||||||
16 | 1-109.1 of the Illinois Pension Code. This definition shall | ||||||
17 | control over any existing definition under this Act or | ||||||
18 | applicable administrative rule.
| ||||||
19 | "State construction contracts" means all State | ||||||
20 | contracts entered
into by a State agency or public | ||||||
21 | institution of higher education for the repair, | ||||||
22 | remodeling,
renovation or
construction of a building or | ||||||
23 | structure, or for the construction or
maintenance of a | ||||||
24 | highway defined in Article 2 of the Illinois Highway
Code.
| ||||||
25 | (6) "State agencies" shall mean all departments, | ||||||
26 | officers, boards,
commissions, institutions and bodies |
| |||||||
| |||||||
1 | politic and corporate of the State,
but does not include | ||||||
2 | the Board of Trustees of the University of Illinois,
the | ||||||
3 | Board of Trustees of Southern Illinois University,
the | ||||||
4 | Board of Trustees
of Chicago State University, the Board of | ||||||
5 | Trustees of Eastern Illinois
University, the Board of | ||||||
6 | Trustees of Governors State University, the Board of
| ||||||
7 | Trustees of Illinois State University, the Board of | ||||||
8 | Trustees of Northeastern
Illinois
University, the Board of | ||||||
9 | Trustees of Northern Illinois University, the Board of
| ||||||
10 | Trustees of Western Illinois University,
municipalities or | ||||||
11 | other local governmental units, or other State | ||||||
12 | constitutional
officers.
| ||||||
13 | (7) "Public institutions of higher education" means | ||||||
14 | the University of Illinois, Southern Illinois University, | ||||||
15 | Chicago State University, Eastern Illinois University, | ||||||
16 | Governors State University, Illinois State University, | ||||||
17 | Northeastern Illinois University, Northern Illinois | ||||||
18 | University, Western Illinois University, the public | ||||||
19 | community colleges of the State, and any other public | ||||||
20 | universities, colleges, and community colleges now or | ||||||
21 | hereafter established or authorized by the General | ||||||
22 | Assembly.
| ||||||
23 | (8) "Certification" means a determination made by the | ||||||
24 | Council
or by one delegated authority from the Council to | ||||||
25 | make certifications, or by
a State agency with statutory | ||||||
26 | authority to make such a certification, that a
business |
| |||||||
| |||||||
1 | entity is a business owned by a
minority, woman female , or | ||||||
2 | person with a disability for whatever
purpose. A business | ||||||
3 | owned and controlled by women females shall be certified as | ||||||
4 | a " woman-owned female owned business". A business owned and | ||||||
5 | controlled by women females who are also minorities shall | ||||||
6 | be certified as both a " women-owned female owned business" | ||||||
7 | and a " minority-owned minority owned business".
| ||||||
8 | (9) "Control" means the exclusive or ultimate and sole | ||||||
9 | control of the
business including, but not limited to, | ||||||
10 | capital investment and all other
financial matters, | ||||||
11 | property, acquisitions, contract negotiations, legal
| ||||||
12 | matters, officer-director-employee selection and | ||||||
13 | comprehensive hiring,
operating responsibilities, | ||||||
14 | cost-control matters, income and dividend
matters, | ||||||
15 | financial transactions and rights of other shareholders or | ||||||
16 | joint
partners. Control shall be real, substantial and | ||||||
17 | continuing, not pro forma.
Control shall include the power | ||||||
18 | to direct or cause the direction of the
management and | ||||||
19 | policies of the business and to make the day-to-day as well
| ||||||
20 | as major decisions in matters of policy, management and | ||||||
21 | operations.
Control shall be exemplified by possessing the | ||||||
22 | requisite knowledge and
expertise to run the particular | ||||||
23 | business and control shall not include
simple majority or | ||||||
24 | absentee ownership.
| ||||||
25 | (10) "Business" means a business that has annual gross | ||||||
26 | sales of less than $75,000,000 as evidenced by the federal |
| |||||||
| |||||||
1 | income tax return of the business. A firm with gross sales | ||||||
2 | in excess of this cap may apply to the Council for | ||||||
3 | certification for a particular contract if the firm can | ||||||
4 | demonstrate that the contract would have significant | ||||||
5 | impact on businesses owned by minorities, women females , or | ||||||
6 | persons with disabilities as suppliers or subcontractors | ||||||
7 | or in employment of minorities, women females , or persons | ||||||
8 | with disabilities.
| ||||||
9 | (11) "Utilization plan" means a form and additional | ||||||
10 | documentations included in all bids or proposals that | ||||||
11 | demonstrates a vendor's proposed utilization of vendors | ||||||
12 | certified by the Business Enterprise Program to meet the | ||||||
13 | targeted goal. The utilization plan shall demonstrate that | ||||||
14 | the Vendor has either: (1) met the entire contract goal or | ||||||
15 | (2) requested a full or partial waiver and made good faith | ||||||
16 | efforts towards meeting the goal. | ||||||
17 | (12) "Business Enterprise Program" means the Business | ||||||
18 | Enterprise Program of the Department of Central Management | ||||||
19 | Services. | ||||||
20 | (B) When a business is owned at least 51% by any | ||||||
21 | combination of
minority persons, women females , or persons with | ||||||
22 | disabilities,
even though none of the 3 classes alone holds at | ||||||
23 | least a 51% interest, the
ownership
requirement for purposes of | ||||||
24 | this Act is considered to be met. The
certification category | ||||||
25 | for the business is that of the class holding the
largest | ||||||
26 | ownership
interest in the business. If 2 or more classes have |
| |||||||
| |||||||
1 | equal ownership interests,
the certification category shall be | ||||||
2 | determined by
the business.
| ||||||
3 | (Source: P.A. 98-95, eff. 7-17-13; 99-143, eff. 7-27-15; | ||||||
4 | 99-462, eff. 8-25-15; 99-642, eff. 7-28-16.)
| ||||||
5 | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
| ||||||
6 | (Section scheduled to be repealed on June 30, 2020)
| ||||||
7 | Sec. 4. Award of State contracts.
| ||||||
8 | (a) Except as provided in subsections (b) and (c), not less | ||||||
9 | than 20% of
the total dollar amount of State contracts, as | ||||||
10 | defined by the Secretary of
the Council and approved by the | ||||||
11 | Council, shall be established as an aspirational goal to
be | ||||||
12 | awarded to businesses owned by minorities,
women females , and | ||||||
13 | persons with disabilities; provided, however, that
of the total | ||||||
14 | amount of all
State contracts awarded to businesses owned by
| ||||||
15 | minorities, women females , and persons with disabilities | ||||||
16 | pursuant to
this Section, contracts representing at least 11% | ||||||
17 | shall be awarded to businesses owned by minorities, contracts | ||||||
18 | representing at least 7% shall be awarded to women-owned | ||||||
19 | female-owned businesses, and contracts representing at least | ||||||
20 | 2% shall be awarded to businesses owned by persons with | ||||||
21 | disabilities.
| ||||||
22 | The above percentage relates to the total dollar amount of | ||||||
23 | State
contracts during each State fiscal year, calculated by | ||||||
24 | examining
independently each type of contract for each agency | ||||||
25 | or public institutions of higher education which
lets such |
| |||||||
| |||||||
1 | contracts. Only that percentage of arrangements which | ||||||
2 | represents the participation of businesses owned by
| ||||||
3 | minorities, women females , and persons with disabilities on | ||||||
4 | such contracts shall
be included.
| ||||||
5 | (b) In the case of State construction contracts, the | ||||||
6 | provisions of
subsection (a) requiring a portion of State | ||||||
7 | contracts to be awarded to
businesses owned and controlled by | ||||||
8 | persons with
disabilities do not apply. The following | ||||||
9 | aspirational goals are established for State construction | ||||||
10 | contracts: not less
than 20% of the total dollar amount of | ||||||
11 | State construction contracts is
established as a goal to be | ||||||
12 | awarded to minority-owned minority and women-owned female | ||||||
13 | owned
businesses , and contracts representing 50% of the amount | ||||||
14 | of all State
construction contracts awarded to minority and | ||||||
15 | female owned businesses
shall be awarded to female owned | ||||||
16 | businesses .
| ||||||
17 | (c) In the case of all work undertaken by the University of | ||||||
18 | Illinois related to the planning, organization, and staging of | ||||||
19 | the games, the University of Illinois shall establish a goal of | ||||||
20 | awarding not less than 25% of the annual dollar value of all | ||||||
21 | contracts, purchase orders, and other agreements (collectively | ||||||
22 | referred to as "the contracts") to minority-owned businesses or | ||||||
23 | businesses owned by a person with a disability and 5% of the | ||||||
24 | annual dollar value the contracts to women-owned female-owned | ||||||
25 | businesses. For purposes of this subsection, the term "games" | ||||||
26 | has the meaning set forth in the Olympic Games and Paralympic |
| |||||||
| |||||||
1 | Games (2016) Law. | ||||||
2 | (d) Within one year after April 28, 2009 (the effective | ||||||
3 | date of Public Act 96-8), the Department of Central Management | ||||||
4 | Services shall conduct a social scientific study that measures | ||||||
5 | the impact of discrimination on minority and women female | ||||||
6 | business development in Illinois. Within 18 months after April | ||||||
7 | 28, 2009 (the effective date of Public Act 96-8), the | ||||||
8 | Department shall issue a report of its findings and any | ||||||
9 | recommendations on whether to adjust the goals for minority and | ||||||
10 | women female participation established in this Act. Copies of | ||||||
11 | this report and the social scientific study shall be filed with | ||||||
12 | the Governor and the General Assembly. | ||||||
13 | (e) Except as permitted under this Act or as otherwise | ||||||
14 | mandated by federal law or regulation, those who submit bids or | ||||||
15 | proposals for State construction contracts subject to the | ||||||
16 | provisions of this Act, whose bids or proposals are successful | ||||||
17 | and include a utilization plan but that fail to meet the goals | ||||||
18 | set forth in subsection (b) of this Section, shall be notified | ||||||
19 | of that deficiency and shall be afforded a period not to exceed | ||||||
20 | 10 calendar days from the date of notification to cure that | ||||||
21 | deficiency in the bid or proposal. The deficiency in the bid or | ||||||
22 | proposal may only be cured by contracting with additional | ||||||
23 | subcontractors who are owned by minorities or women females , | ||||||
24 | but in no case shall an identified subcontractor with a | ||||||
25 | certification made pursuant to this Act be terminated from the | ||||||
26 | contract without the written consent of the State agency or |
| |||||||
| |||||||
1 | public institution of higher education entering into the | ||||||
2 | contract. | ||||||
3 | (f) Non-construction solicitations that include Business | ||||||
4 | Enterprise Program participation goals shall require bidders | ||||||
5 | and offerors to include utilization plans. Utilization plans | ||||||
6 | are due at the time of bid or offer submission. Failure to | ||||||
7 | complete and include a utilization plan, including | ||||||
8 | documentation demonstrating good faith effort when requesting | ||||||
9 | a waiver, shall render the bid or offer non-responsive. | ||||||
10 | (Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16.)
| ||||||
11 | (30 ILCS 575/4f) | ||||||
12 | (Section scheduled to be repealed on June 30, 2020) | ||||||
13 | Sec. 4f. Award of State contracts. | ||||||
14 | (1) It is hereby declared to be the public policy of the | ||||||
15 | State of Illinois to promote and encourage each State agency | ||||||
16 | and public institution of higher education to use businesses | ||||||
17 | owned by minorities, women females , and persons with | ||||||
18 | disabilities in the area of goods and services, including, but | ||||||
19 | not limited to, insurance services, investment management | ||||||
20 | services, information technology services, accounting | ||||||
21 | services, architectural and engineering services, and legal | ||||||
22 | services. Furthermore, each State agency and public | ||||||
23 | institution of higher education shall utilize such firms to the | ||||||
24 | greatest extent feasible within the bounds of financial and | ||||||
25 | fiduciary prudence, and take affirmative steps to remove any |
| |||||||
| |||||||
1 | barriers to the full participation of such firms in the | ||||||
2 | procurement and contracting opportunities afforded. | ||||||
3 | (a) When a State agency or public institution of higher | ||||||
4 | education, other than a community college, awards a | ||||||
5 | contract for insurance services, for each State agency or | ||||||
6 | public institution of higher education, it shall be the | ||||||
7 | aspirational goal to use insurance brokers owned by | ||||||
8 | minorities, women females , and persons with disabilities | ||||||
9 | as defined by this Act, for not less than 20% of the total | ||||||
10 | annual premiums or fees. | ||||||
11 | (b) When a State agency or public institution of higher | ||||||
12 | education, other than a community college, awards a | ||||||
13 | contract for investment services, for each State agency or | ||||||
14 | public institution of higher education, it shall be the | ||||||
15 | aspirational goal to use emerging investment managers | ||||||
16 | owned by minorities, women females , and persons with | ||||||
17 | disabilities as defined by this Act, for not less than 20% | ||||||
18 | of the total funds under management. Furthermore, it is the | ||||||
19 | aspirational goal that not less than 20% of the direct | ||||||
20 | asset managers of the State funds be minorities, women | ||||||
21 | females , and persons with disabilities. | ||||||
22 | (c) When a State agency or public institution of higher | ||||||
23 | education, other than a community college, awards | ||||||
24 | contracts for information technology services, accounting | ||||||
25 | services, architectural and engineering services, and | ||||||
26 | legal services, for each State agency and public |
| |||||||
| |||||||
1 | institution of higher education, it shall be the | ||||||
2 | aspirational goal to use such firms owned by minorities, | ||||||
3 | women females , and persons with disabilities as defined by | ||||||
4 | this Act and lawyers who are minorities, women females , and | ||||||
5 | persons with disabilities as defined by this Act, for not | ||||||
6 | less than 20% of the total dollar amount of State | ||||||
7 | contracts. | ||||||
8 | (d) When a community college awards a contract for | ||||||
9 | insurance services, investment services, information | ||||||
10 | technology services, accounting services, architectural | ||||||
11 | and engineering services, and legal services, it shall be | ||||||
12 | the aspirational goal of each community college to use | ||||||
13 | businesses owned by minorities, women females , and persons | ||||||
14 | with disabilities as defined in this Act for not less than | ||||||
15 | 20% of the total amount spent on contracts for these | ||||||
16 | services collectively. When a community college awards | ||||||
17 | contracts for investment services, contracts awarded to | ||||||
18 | investment managers who are not emerging investment | ||||||
19 | managers as defined in this Act shall not be considered | ||||||
20 | businesses owned by minorities, women females , or persons | ||||||
21 | with disabilities for the purposes of this Section. | ||||||
22 | (2) As used in this Section: | ||||||
23 | "Accounting services" means the measurement, | ||||||
24 | processing and communication of financial information | ||||||
25 | about economic entities including, but is not limited to, | ||||||
26 | financial accounting, management accounting, auditing, |
| |||||||
| |||||||
1 | cost containment and auditing services, taxation and | ||||||
2 | accounting information systems. | ||||||
3 | "Architectural and engineering services" means | ||||||
4 | professional services of an architectural or engineering | ||||||
5 | nature, or incidental services, that members of the | ||||||
6 | architectural and engineering professions, and individuals | ||||||
7 | in their employ, may logically or justifiably perform, | ||||||
8 | including studies, investigations, surveying and mapping, | ||||||
9 | tests, evaluations, consultations, comprehensive planning, | ||||||
10 | program management, conceptual designs, plans and | ||||||
11 | specifications, value engineering, construction phase | ||||||
12 | services, soils engineering, drawing reviews, preparation | ||||||
13 | of operating and maintenance manuals, and other related | ||||||
14 | services. | ||||||
15 | "Emerging investment manager" means an investment | ||||||
16 | manager or claims consultant having assets under | ||||||
17 | management below $10 billion or otherwise adjudicating | ||||||
18 | claims. | ||||||
19 | "Information technology services" means, but is not | ||||||
20 | limited to, specialized technology-oriented solutions by | ||||||
21 | combining the processes and functions of software, | ||||||
22 | hardware, networks, telecommunications, web designers, | ||||||
23 | cloud developing resellers, and electronics. | ||||||
24 | "Insurance broker" means an insurance brokerage firm, | ||||||
25 | claims administrator, or both, that procures, places all | ||||||
26 | lines of insurance, or administers claims with annual |
| |||||||
| |||||||
1 | premiums or fees of at least $5,000,000 but not more than | ||||||
2 | $10,000,000. | ||||||
3 | "Legal services" means work performed by a lawyer | ||||||
4 | including, but not limited to, contracts in anticipation of | ||||||
5 | litigation, enforcement actions, or investigations. | ||||||
6 | (3) Each State agency and public institution of higher | ||||||
7 | education shall adopt policies that identify its plan and | ||||||
8 | implementation procedures for increasing the use of service | ||||||
9 | firms owned by minorities, women females , and persons with | ||||||
10 | disabilities. | ||||||
11 | (4) Except as provided in subsection (5), the Council shall | ||||||
12 | file no later than March 1 of each year an annual report to the | ||||||
13 | Governor and the General Assembly. The report filed with the | ||||||
14 | General Assembly shall be filed as required in Section 3.1 of | ||||||
15 | the General Assembly Organization Act. This report shall: (i) | ||||||
16 | identify the service firms used by each State agency and public | ||||||
17 | institution of higher education, (ii) identify the actions it | ||||||
18 | has undertaken to increase the use of service firms owned by | ||||||
19 | minorities, women females , and persons with disabilities, | ||||||
20 | including encouraging non-minority-owned non-minority owned | ||||||
21 | firms to use other service firms owned by minorities, women | ||||||
22 | females , and persons with disabilities as subcontractors when | ||||||
23 | the opportunities arise, (iii) state any recommendations made | ||||||
24 | by the Council to each State agency and public institution of | ||||||
25 | higher education to increase participation by the use of | ||||||
26 | service firms owned by minorities, women females , and persons |
| |||||||
| |||||||
1 | with disabilities, and (iv) include the following: | ||||||
2 | (A) For insurance services: the names of the insurance | ||||||
3 | brokers or claims consultants used, the total of risk | ||||||
4 | managed by each State agency and public institution of | ||||||
5 | higher education by insurance brokers, the total | ||||||
6 | commissions, fees paid, or both, the lines or insurance | ||||||
7 | policies placed, and the amount of premiums placed; and the | ||||||
8 | percentage of the risk managed by insurance brokers, the | ||||||
9 | percentage of total commission, fees paid, or both, the | ||||||
10 | lines or insurance policies placed, and the amount of | ||||||
11 | premiums placed with each by the insurance brokers owned by | ||||||
12 | minorities, women females , and persons with disabilities | ||||||
13 | by each State agency and public institution of higher | ||||||
14 | education. | ||||||
15 | (B) For investment management services: the names of | ||||||
16 | the investment managers used, the total funds under | ||||||
17 | management of investment managers; the total commissions, | ||||||
18 | fees paid, or both; the total and percentage of funds under | ||||||
19 | management of emerging investment managers owned by | ||||||
20 | minorities, women females , and persons with disabilities, | ||||||
21 | including the total and percentage of total commissions, | ||||||
22 | fees paid, or both by each State agency and public | ||||||
23 | institution of higher education. | ||||||
24 | (C) The names of service firms, the percentage and | ||||||
25 | total dollar amount paid for professional services by | ||||||
26 | category by each State agency and public institution of |
| |||||||
| |||||||
1 | higher education. | ||||||
2 | (D) The names of service firms, the percentage and | ||||||
3 | total dollar amount paid for services by category to firms | ||||||
4 | owned by minorities, women females , and persons with | ||||||
5 | disabilities by each State agency and public institution of | ||||||
6 | higher education. | ||||||
7 | (E) The total number of contracts awarded for services | ||||||
8 | by category and the total number of contracts awarded to | ||||||
9 | firms owned by minorities, women females , and persons with | ||||||
10 | disabilities by each State agency and public institution of | ||||||
11 | higher education. | ||||||
12 | (5) For community college districts, the Business | ||||||
13 | Enterprise Council shall only report the following information | ||||||
14 | for each community college district: (i) the name of the | ||||||
15 | community colleges in the district, (ii) the name and contact | ||||||
16 | information of a person at each community college appointed to | ||||||
17 | be the single point of contact for vendors owned by minorities, | ||||||
18 | women females , or persons with disabilities, (iii) the policy | ||||||
19 | of the community college district concerning certified | ||||||
20 | vendors, (iv) the certifications recognized by the community | ||||||
21 | college district for determining whether a business is owned or | ||||||
22 | controlled by a minority, woman female , or person with a | ||||||
23 | disability, (v) outreach efforts conducted by the community | ||||||
24 | college district to increase the use of certified vendors, (vi) | ||||||
25 | the total expenditures by the community college district in the | ||||||
26 | prior fiscal year in the divisions of work specified in |
| |||||||
| |||||||
1 | paragraphs (a), (b), and (c) of subsection (1) of this Section | ||||||
2 | and the amount paid to certified vendors in those divisions of | ||||||
3 | work, and (vii) the total number of contracts entered into for | ||||||
4 | the divisions of work specified in paragraphs (a), (b), and (c) | ||||||
5 | of subsection (1) of this Section and the total number of | ||||||
6 | contracts awarded to certified vendors providing these | ||||||
7 | services to the community college district. The Business | ||||||
8 | Enterprise Council shall not make any utilization reports under | ||||||
9 | this Act for community college districts for Fiscal Year 2015 | ||||||
10 | and Fiscal Year 2016, but shall make the report required by | ||||||
11 | this subsection for Fiscal Year 2017 and for each fiscal year | ||||||
12 | thereafter. The Business Enterprise Council shall report the | ||||||
13 | information in items (i), (ii), (iii), and (iv) of this | ||||||
14 | subsection beginning in September of 2016. The Business | ||||||
15 | Enterprise Council may collect the data needed to make its | ||||||
16 | report from the Illinois Community College Board. | ||||||
17 | (6) The status of the utilization of services shall be | ||||||
18 | discussed at each of the regularly scheduled Business | ||||||
19 | Enterprise Council meetings. Time shall be allotted for the | ||||||
20 | Council to receive, review, and discuss the progress of the use | ||||||
21 | of service firms owned by minorities, women females , and | ||||||
22 | persons with disabilities by each State agency and public | ||||||
23 | institution of higher education; and any evidence regarding | ||||||
24 | past or present racial, ethnic, or gender-based discrimination | ||||||
25 | which directly impacts a State agency or public institution of | ||||||
26 | higher education contracting with such firms. If after |
| |||||||
| |||||||
1 | reviewing such evidence the Council finds that there is or has | ||||||
2 | been such discrimination against a specific group, race or sex, | ||||||
3 | the Council shall establish sheltered markets or adjust | ||||||
4 | existing sheltered markets tailored to address the Council's | ||||||
5 | specific findings for the divisions of work specified in | ||||||
6 | paragraphs (a), (b), and (c) of subsection (1) of this Section.
| ||||||
7 | (Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16.)
| ||||||
8 | (30 ILCS 575/5) (from Ch. 127, par. 132.605)
| ||||||
9 | (Section scheduled to be repealed on June 30, 2020)
| ||||||
10 | Sec. 5. Business Enterprise Council.
| ||||||
11 | (1) To help implement, monitor and enforce the goals of | ||||||
12 | this Act, there
is created the Business Enterprise Council for
| ||||||
13 | Minorities, Women Females , and Persons with Disabilities, | ||||||
14 | hereinafter
referred to as the Council, composed of the | ||||||
15 | Secretary of Human Services and
the Directors of the Department | ||||||
16 | of
Human Rights, the Department of Commerce and Economic | ||||||
17 | Opportunity, the
Department of Central Management Services, | ||||||
18 | the Department of Transportation and
the
Capital Development | ||||||
19 | Board, or their duly appointed representatives. Ten
| ||||||
20 | individuals representing businesses that are minority-owned | ||||||
21 | minority or women-owned female owned or
owned by persons with | ||||||
22 | disabilities, 2 individuals representing the business
| ||||||
23 | community, and a representative of public institutions of | ||||||
24 | higher education shall be appointed by the Governor. These | ||||||
25 | members shall serve 2
year terms and shall be eligible for |
| |||||||
| |||||||
1 | reappointment. Any vacancy occurring on
the Council shall also | ||||||
2 | be filled by the Governor. Any member appointed to fill
a | ||||||
3 | vacancy occurring prior to the expiration of the term for which | ||||||
4 | his
predecessor was appointed shall be appointed for the | ||||||
5 | remainder of such term.
Members of the Council shall serve | ||||||
6 | without compensation but shall be reimbursed
for any ordinary | ||||||
7 | and necessary expenses incurred in the performance of their
| ||||||
8 | duties.
| ||||||
9 | The Director of the Department of Central Management | ||||||
10 | Services shall serve
as the Council chairperson and shall | ||||||
11 | select, subject to approval of the
council, a Secretary | ||||||
12 | responsible for the operation of the program who shall
serve as | ||||||
13 | the Division Manager of the Business
Enterprise for Minorities, | ||||||
14 | Women Females , and Persons with Disabilities Division
of the | ||||||
15 | Department of Central Management Services.
| ||||||
16 | The Director of each State agency and the chief executive | ||||||
17 | officer of
each public institutions of higher education shall | ||||||
18 | appoint a liaison to the Council. The liaison
shall be | ||||||
19 | responsible for submitting to the Council any reports and
| ||||||
20 | documents necessary under this Act.
| ||||||
21 | (2) The Council's authority and responsibility shall be to:
| ||||||
22 | (a) Devise a certification procedure to assure that | ||||||
23 | businesses taking
advantage of this Act are legitimately | ||||||
24 | classified as businesses owned by minorities, women | ||||||
25 | females , or persons with
disabilities.
| ||||||
26 | (b) Maintain a list of all
businesses legitimately |
| |||||||
| |||||||
1 | classified as businesses owned by minorities, women
| ||||||
2 | females , or persons with disabilities to provide to State | ||||||
3 | agencies and public institutions of higher education.
| ||||||
4 | (c) Review rules and regulations for the | ||||||
5 | implementation of the program for businesses owned by | ||||||
6 | minorities, women females ,
and persons with disabilities.
| ||||||
7 | (d) Review compliance plans submitted by each State | ||||||
8 | agency and public institutions of higher education
| ||||||
9 | pursuant to this Act.
| ||||||
10 | (e) Make annual reports as provided in Section 8f to | ||||||
11 | the Governor and
the General Assembly on the
status of the | ||||||
12 | program.
| ||||||
13 | (f) Serve as a central clearinghouse for information on | ||||||
14 | State
contracts, including the maintenance of a list of all | ||||||
15 | pending State
contracts upon which businesses owned by | ||||||
16 | minorities, women
females , and persons with disabilities | ||||||
17 | may bid.
At the Council's discretion, maintenance of the | ||||||
18 | list may include 24-hour
electronic access to the list | ||||||
19 | along with the bid and application information.
| ||||||
20 | (g) Establish a toll free telephone number to | ||||||
21 | facilitate information
requests concerning the | ||||||
22 | certification process and pending contracts.
| ||||||
23 | (3) No premium bond rate of a surety company for a bond | ||||||
24 | required of a business owned by a minority, woman female , or | ||||||
25 | person
with a disability bidding for a State contract shall be
| ||||||
26 | higher than the lowest rate charged by that surety company for |
| |||||||
| |||||||
1 | a similar
bond in the same classification of work that would be | ||||||
2 | written for a business not owned by a minority, woman
female , | ||||||
3 | or person with a disability.
| ||||||
4 | (4) Any Council member who has direct financial or personal | ||||||
5 | interest in
any measure pending before the Council shall | ||||||
6 | disclose this fact to the
Council and refrain from | ||||||
7 | participating in the determination upon such measure.
| ||||||
8 | (5) The Secretary shall have the following duties and | ||||||
9 | responsibilities:
| ||||||
10 | (a) To be responsible for the day-to-day operation of | ||||||
11 | the Council.
| ||||||
12 | (b) To serve as a coordinator for all of the State's | ||||||
13 | programs for businesses owned by minorities, women | ||||||
14 | females ,
and persons with disabilities and as the | ||||||
15 | information and referral center
for all State initiatives | ||||||
16 | for businesses
owned by minorities, women females , and | ||||||
17 | persons with disabilities.
| ||||||
18 | (c) To establish an enforcement procedure whereby the | ||||||
19 | Council may
recommend to the appropriate State legal | ||||||
20 | officer that the State exercise
its legal remedies which | ||||||
21 | shall include (1) termination of the contract
involved, (2) | ||||||
22 | prohibition of participation by the respondent in public
| ||||||
23 | contracts for a period not to exceed 3 years one year , (3) | ||||||
24 | imposition of a penalty
not to exceed any profit acquired | ||||||
25 | as a result of violation, or (4) any
combination thereof. | ||||||
26 | Such procedures shall require prior approval by Council.
|
| |||||||
| |||||||
1 | (d) To devise appropriate policies, regulations and | ||||||
2 | procedures for
including participation by businesses owned
| ||||||
3 | by minorities, women females , and persons with | ||||||
4 | disabilities as prime contractors
including, but not | ||||||
5 | limited to, (i) encouraging the inclusions of qualified | ||||||
6 | businesses owned by minorities, women females , and
persons | ||||||
7 | with disabilities on solicitation lists, (ii)
| ||||||
8 | investigating the potential of blanket bonding programs | ||||||
9 | for small
construction jobs, (iii) investigating and | ||||||
10 | making recommendations
concerning the use of the sheltered | ||||||
11 | market process.
| ||||||
12 | (e) To devise procedures for the waiver of the | ||||||
13 | participation goals in
appropriate circumstances.
| ||||||
14 | (f) To accept donations and, with the approval of the | ||||||
15 | Council or the
Director of Central Management Services, | ||||||
16 | grants related to the purposes of
this Act; to conduct | ||||||
17 | seminars related to the purpose of this Act and to
charge | ||||||
18 | reasonable registration fees; and to sell directories, | ||||||
19 | vendor lists
and other such information to interested | ||||||
20 | parties, except that forms
necessary to become eligible for | ||||||
21 | the program shall be provided free of
charge to a business | ||||||
22 | or individual applying for the program.
| ||||||
23 | (Source: P.A. 99-462, eff. 8-25-15 .)
| ||||||
24 | (30 ILCS 575/6) (from Ch. 127, par. 132.606)
| ||||||
25 | (Section scheduled to be repealed on June 30, 2020)
|
| |||||||
| |||||||
1 | Sec. 6. Agency compliance plans. Each State agency and | ||||||
2 | public institutions of higher education
under the
jurisdiction | ||||||
3 | of this Act
shall file
with the Council an annual compliance | ||||||
4 | plan which shall outline the
goals of the State agency or | ||||||
5 | public institutions of higher education for contracting with | ||||||
6 | businesses owned by minorities, women females , and
persons with | ||||||
7 | disabilities for the then current fiscal
year, the manner in | ||||||
8 | which the agency intends to reach these goals and a
timetable | ||||||
9 | for reaching these goals. The Council shall review and approve
| ||||||
10 | the plan of each State agency and public institutions of higher | ||||||
11 | education and may reject any
plan that does
not comply with
| ||||||
12 | this Act or any rules or regulations promulgated pursuant to | ||||||
13 | this Act.
| ||||||
14 | (a) The compliance plan shall also include, but not be | ||||||
15 | limited to, (1) a
policy statement, signed by the State agency | ||||||
16 | or public institution of higher education head,
expressing a
| ||||||
17 | commitment to
encourage the use of
businesses owned by
| ||||||
18 | minorities, women females , and persons with disabilities, (2) | ||||||
19 | the designation of
the liaison
officer
provided for in Section | ||||||
20 | 5 of this Act, (3) procedures to distribute to
potential | ||||||
21 | contractors and vendors the list of all businesses legitimately | ||||||
22 | classified as businesses owned by
minorities, women females , | ||||||
23 | and persons with disabilities and so certified under
this Act, | ||||||
24 | (4) procedures to set
separate contract goals on specific prime | ||||||
25 | contracts and purchase orders
with subcontracting | ||||||
26 | possibilities based upon the type of work or services
and |
| |||||||
| |||||||
1 | subcontractor availability, (5) procedures to assure that | ||||||
2 | contractors
and vendors make good faith efforts to meet | ||||||
3 | contract goals, (6) procedures
for contract goal exemption, | ||||||
4 | modification and waiver, and (7) the delineation
of separate | ||||||
5 | contract goals for businesses owned by minorities, women | ||||||
6 | females , and persons with
disabilities.
| ||||||
7 | (b) Approval of the compliance plans shall include such | ||||||
8 | delegation of
responsibilities to the requesting State agency | ||||||
9 | or public institution of higher education as
the Council
deems | ||||||
10 | necessary
and appropriate to fulfill the purpose of this Act. | ||||||
11 | Such responsibilities
may include, but need not be limited to | ||||||
12 | those outlined in subsections (1),
(2) and (3) of Section 7 , | ||||||
13 | and paragraph (a) of Section 8 , and Section 8a of this Act .
| ||||||
14 | (c) Each State agency and public institution of higher | ||||||
15 | education under the jurisdiction of
this Act
shall
file with | ||||||
16 | the Council an annual report of its utilization of businesses | ||||||
17 | owned
by minorities, women females , and persons with | ||||||
18 | disabilities during the preceding fiscal year including lapse | ||||||
19 | period spending
and a mid-fiscal year report of its utilization | ||||||
20 | to date for the then current
fiscal year. The reports shall | ||||||
21 | include a self-evaluation of the efforts of the
State agency or | ||||||
22 | public institution of higher education to meet its goals under | ||||||
23 | the
Act.
| ||||||
24 | (d) Notwithstanding any provisions to the contrary in this | ||||||
25 | Act,
any State
agency or public institution of higher education | ||||||
26 | which administers a construction program,
for which federal law |
| |||||||
| |||||||
1 | or regulations establish standards and procedures for
the | ||||||
2 | utilization of minority-owned and women-owned businesses and | ||||||
3 | disadvantaged businesses minority, disadvantaged, and | ||||||
4 | female-owned business ,
shall implement a disadvantaged | ||||||
5 | business enterprise program to include minority-owned and | ||||||
6 | women-owned businesses and disadvantaged businesses
minority, | ||||||
7 | disadvantaged and female-owned businesses , using
the federal
| ||||||
8 | standards and procedures for the establishment of goals and
| ||||||
9 | utilization procedures for the State-funded, as well as the | ||||||
10 | federally
assisted, portions of the program. In such cases, | ||||||
11 | these goals shall not
exceed those established pursuant to the | ||||||
12 | relevant federal statutes or
regulations.
Notwithstanding the | ||||||
13 | provisions of Section 8b, the Illinois Department of
| ||||||
14 | Transportation is authorized to establish sheltered markets | ||||||
15 | for the
State-funded portions of the program consistent with | ||||||
16 | federal law and
regulations.
Additionally, a compliance plan | ||||||
17 | which is filed by such State
agency or public institution of | ||||||
18 | higher education pursuant to this Act, which incorporates
| ||||||
19 | equivalent terms and
conditions of its federally-approved | ||||||
20 | compliance plan, shall be deemed
approved under this Act.
| ||||||
21 | (Source: P.A. 99-462, eff. 8-25-15 .)
| ||||||
22 | (30 ILCS 575/6a) (from Ch. 127, par. 132.606a)
| ||||||
23 | (Section scheduled to be repealed on June 30, 2020)
| ||||||
24 | Sec. 6a. Notice of contracts to Council. Except in case of | ||||||
25 | emergency as
defined in the Illinois Procurement Code, or as |
| |||||||
| |||||||
1 | authorized by rule promulgated by the Department of
Central | ||||||
2 | Management Services, each agency and public institution of | ||||||
3 | higher education under the
jurisdiction of
this Act shall | ||||||
4 | notify the Secretary of the
Council
of proposed contracts
for | ||||||
5 | professional and artistic services and provide the information | ||||||
6 | in the
form and detail as required by rule promulgated by the | ||||||
7 | Department of Central
Management Services. Notification may be | ||||||
8 | made through
direct written communication to the Secretary to | ||||||
9 | be received at least 14 days
before execution of the contract | ||||||
10 | (or the solicitation response date, if
applicable) or by | ||||||
11 | advertising in the
official State newspaper for at least 3 | ||||||
12 | days, the last of which must be at
least 10 days after the | ||||||
13 | first publication . The agency or public institution of higher | ||||||
14 | education must
consider any vendor referred by the Secretary | ||||||
15 | before execution of the
contract. The provisions of this | ||||||
16 | Section
shall not apply to any State agency or public | ||||||
17 | institution of higher education that has awarded
contracts for
| ||||||
18 | professional and artistic services to businesses
owned by | ||||||
19 | minorities, women females , and persons with disabilities | ||||||
20 | totaling
totalling in the aggregate $40,000,000 or more during | ||||||
21 | the preceding fiscal year.
| ||||||
22 | (Source: P.A. 99-462, eff. 8-25-15 .)
| ||||||
23 | (30 ILCS 575/7) (from Ch. 127, par. 132.607) | ||||||
24 | (Section scheduled to be repealed on June 30, 2020) | ||||||
25 | Sec. 7. Exemptions ; and waivers; publication of data. |
| |||||||
| |||||||
1 | (1) Individual contract exemptions.
The Council, on its own | ||||||
2 | initiative or at the request of the affected agency,
public | ||||||
3 | institution of higher education, or recipient of a grant or | ||||||
4 | loan of State funds of $250,000 or more complying with Section | ||||||
5 | 45 of the State Finance Act, may permit an individual contract | ||||||
6 | or contract package,
(related contracts being bid or awarded | ||||||
7 | simultaneously for the same project
or improvements) be made | ||||||
8 | wholly or partially exempt from State contracting
goals for | ||||||
9 | businesses owned by
minorities, women females , and persons with | ||||||
10 | disabilities prior to the advertisement
for bids or | ||||||
11 | solicitation of proposals whenever there has been a
| ||||||
12 | determination, reduced to writing and based on the best | ||||||
13 | information
available at the time of the determination, that | ||||||
14 | there is an insufficient
number of businesses owned by | ||||||
15 | minorities, women
females , and persons with disabilities to | ||||||
16 | ensure adequate
competition and an expectation of reasonable | ||||||
17 | prices on bids or proposals
solicited for the individual | ||||||
18 | contract or contract package in question. | ||||||
19 | (2) Class exemptions. | ||||||
20 | (a) Creation. The Council, on its own initiative
or at | ||||||
21 | the request of the affected agency or public institution of | ||||||
22 | higher education, may permit an entire
class of
contracts | ||||||
23 | be made exempt from State
contracting goals for businesses | ||||||
24 | owned by minorities, women females , and persons
with | ||||||
25 | disabilities whenever there has been a determination, | ||||||
26 | reduced to
writing and based on the best information |
| |||||||
| |||||||
1 | available at the time of the
determination, that there is | ||||||
2 | an insufficient number of qualified businesses owned by | ||||||
3 | minorities, women females , and persons with
disabilities | ||||||
4 | to ensure adequate competition and an
expectation of | ||||||
5 | reasonable prices on bids or proposals within that class. | ||||||
6 | (b) Limitation. Any such class exemption shall not be | ||||||
7 | permitted for a
period of more than one year at a time. | ||||||
8 | (3) Waivers. Where a particular contract requires a | ||||||
9 | contractor to meet
a goal established pursuant to this Act, the | ||||||
10 | contractor shall have the right
to request a waiver from such | ||||||
11 | requirements. The Council shall grant the
waiver where the | ||||||
12 | contractor demonstrates that there has been made a good
faith | ||||||
13 | effort to comply with the goals for
participation by businesses | ||||||
14 | owned by minorities, women females , and persons with
| ||||||
15 | disabilities. | ||||||
16 | (4) Conflict with other laws. In the event that any State | ||||||
17 | contract, which
otherwise would be subject to the provisions of | ||||||
18 | this Act, is or becomes
subject to federal laws or regulations | ||||||
19 | which conflict with the provisions
of this Act or actions of | ||||||
20 | the State taken pursuant hereto, the provisions
of the federal | ||||||
21 | laws or regulations shall apply and the contract shall be
| ||||||
22 | interpreted and enforced accordingly. | ||||||
23 | (5) Each chief procurement officer, as defined in the | ||||||
24 | Illinois Procurement Code, shall maintain on his or her | ||||||
25 | official Internet website a database of waivers granted under | ||||||
26 | this Section with respect to contracts under his or her |
| |||||||
| |||||||
1 | jurisdiction. The database, which shall be updated | ||||||
2 | periodically as necessary, shall be searchable by contractor | ||||||
3 | name and by contracting State agency. | ||||||
4 | (6) Each chief procurement officer, as defined by the | ||||||
5 | Illinois Procurement Code, shall maintain on its website a list | ||||||
6 | of all firms that have been prohibited from bidding, offering, | ||||||
7 | or entering into a contract with the State of Illinois as a | ||||||
8 | result of violations of this Act. | ||||||
9 | Each public notice required by law of the award of a State | ||||||
10 | contract shall include for each bid or offer submitted for that | ||||||
11 | contract the following: (i) the bidder's or offeror's name, | ||||||
12 | (ii) the bid amount, (iii) the name or names of the certified | ||||||
13 | firms identified in the bidder's or offeror's submitted | ||||||
14 | utilization plan, and (iv) (iii) the bid's amount and | ||||||
15 | percentage of the contract awarded to businesses owned by | ||||||
16 | minorities, women, and persons with disabilities identified in | ||||||
17 | the of disadvantaged business utilization plan , and (iv) the | ||||||
18 | bid's percentage of business enterprise program utilization | ||||||
19 | plan . | ||||||
20 | (Source: P.A. 99-462, eff. 8-25-15 .)
| ||||||
21 | (30 ILCS 575/8) (from Ch. 127, par. 132.608)
| ||||||
22 | (Section scheduled to be repealed on June 30, 2020)
| ||||||
23 | Sec. 8. Enforcement. | ||||||
24 | (1) The Council shall make such findings, recommendations
| ||||||
25 | and proposals to the Governor as are necessary and appropriate |
| |||||||
| |||||||
1 | to enforce
this Act. If, as a result of its monitoring | ||||||
2 | activities, the Council determines
that its goals and policies | ||||||
3 | are not being met by any State agency or public institution of | ||||||
4 | higher education,
the Council
may recommend any or all of the | ||||||
5 | following actions:
| ||||||
6 | (a) Establish enforcement procedures whereby the | ||||||
7 | Council may recommend
to the appropriate State agency, | ||||||
8 | public institutions of higher education, or law | ||||||
9 | enforcement
officer that legal or
administrative remedies | ||||||
10 | be initiated for violations of contract provisions
or rules | ||||||
11 | issued hereunder or by a contracting State agency or public | ||||||
12 | institutions of higher education. State agencies and | ||||||
13 | public institutions of higher education
shall be | ||||||
14 | authorized to adopt remedies for such violations which | ||||||
15 | shall include
(1) termination of the contract involved, (2) | ||||||
16 | prohibition of participation
of the respondents in public | ||||||
17 | contracts for a period not to exceed one year,
(3) | ||||||
18 | imposition of a penalty not to exceed any profit acquired | ||||||
19 | as a result
of violation, or (4) any combination thereof.
| ||||||
20 | (b) If the Council concludes that a compliance plan | ||||||
21 | submitted under Section
6 is unlikely to produce the
| ||||||
22 | participation
goals for businesses owned by minorities, | ||||||
23 | women females , and persons with
disabilities within the | ||||||
24 | then current fiscal year, the Council may recommend
that
| ||||||
25 | the State agency or public institution of higher education | ||||||
26 | revise its plan to provide
additional
opportunities
for |
| |||||||
| |||||||
1 | participation by businesses owned by minorities, women
| ||||||
2 | females , and persons with disabilities. Such recommended | ||||||
3 | revisions may
include, but shall not be limited to, the | ||||||
4 | following:
| ||||||
5 | (i) assurances of stronger and better focused | ||||||
6 | solicitation efforts to
obtain more businesses owned | ||||||
7 | by minorities, women
females , and persons with | ||||||
8 | disabilities as potential sources of
supply;
| ||||||
9 | (ii) division of job or project requirements, when | ||||||
10 | economically feasible,
into tasks or quantities to | ||||||
11 | permit participation of
businesses owned by | ||||||
12 | minorities, women females , and persons with | ||||||
13 | disabilities;
| ||||||
14 | (iii) elimination of extended experience or | ||||||
15 | capitalization requirements,
when programmatically | ||||||
16 | feasible, to permit participation of businesses owned | ||||||
17 | by minorities, women females , and persons with
| ||||||
18 | disabilities;
| ||||||
19 | (iv) identification of specific proposed contracts | ||||||
20 | as particularly
attractive or appropriate for | ||||||
21 | participation by
businesses owned by minorities, women | ||||||
22 | females , and persons with disabilities,
such | ||||||
23 | identification to result from and be coupled with the
| ||||||
24 | efforts of subparagraphs
(i) through (iii);
| ||||||
25 | (v) implementation of those regulations | ||||||
26 | established for the use of the
sheltered market |
| |||||||
| |||||||
1 | process.
| ||||||
2 | (2) State agencies and public institutions of higher | ||||||
3 | education shall review a vendor's compliance with its | ||||||
4 | utilization plan and the terms of its contract. Without | ||||||
5 | limitation, a vendor's failure to comply with its contractual | ||||||
6 | commitments as contained in the utilization plan; failure to | ||||||
7 | cooperate in providing information regarding its compliance | ||||||
8 | with its utilization plan; or the provision of false or | ||||||
9 | misleading information or statements concerning compliance, | ||||||
10 | certification status, or eligibility of the Business | ||||||
11 | Enterprise Program-certified vendor, good faith efforts, or | ||||||
12 | any other material fact or representation shall constitute a | ||||||
13 | material breach of the contract and entitle the State agency or | ||||||
14 | public institution of higher education to declare a default, | ||||||
15 | terminate the contract, or exercise those remedies provided for | ||||||
16 | in the contract, at law, or in equity. | ||||||
17 | (3) A vendor shall be in breach of the contract and may be | ||||||
18 | subject to penalties for failure to meet contract goals | ||||||
19 | established under this Act, unless the vendor can show that it | ||||||
20 | made good faith efforts to meet the contract goals. | ||||||
21 | (Source: P.A. 99-462, eff. 8-25-15 .)
| ||||||
22 | (30 ILCS 575/8a) (from Ch. 127, par. 132.608a)
| ||||||
23 | (Section scheduled to be repealed on June 30, 2020)
| ||||||
24 | Sec. 8a. Advance and progress payments. Any contract | ||||||
25 | awarded to a business
owned by a minority, woman female , or |
| |||||||
| |||||||
1 | person with a disability
pursuant to this Act may contain a | ||||||
2 | provision for advance or progress
payments, or both, except | ||||||
3 | that a State construction contract awarded to a minority-owned
| ||||||
4 | minority or women-owned female owned business pursuant to this | ||||||
5 | Act may contain a
provision for progress payments but may not | ||||||
6 | contain a provision for
advance payments.
| ||||||
7 | (Source: P.A. 88-597, eff. 8-28-94 .)
| ||||||
8 | (30 ILCS 575/8b) (from Ch. 127, par. 132.608b)
| ||||||
9 | (Section scheduled to be repealed on June 30, 2020)
| ||||||
10 | Sec. 8b. Scheduled council meetings; sheltered market. The | ||||||
11 | Council shall
conduct regular meetings to carry out its
| ||||||
12 | responsibilities under this Act. At each of the regularly | ||||||
13 | scheduled
meetings, time shall be allocated for the Council to | ||||||
14 | receive, review and
discuss any evidence regarding past or | ||||||
15 | present racial, ethnic or gender
based discrimination which | ||||||
16 | directly impacts State contracting with businesses
owned by | ||||||
17 | minorities, women females , and persons with
disabilities. If | ||||||
18 | after reviewing such evidence the Council
finds that there is | ||||||
19 | or has been such discrimination against a specific
group, race | ||||||
20 | or sex, the Council shall establish sheltered markets
or adjust | ||||||
21 | existing sheltered markets
tailored to address the Council's | ||||||
22 | specific findings.
| ||||||
23 | "Sheltered market" shall mean a procurement procedure | ||||||
24 | whereby certain
contracts are selected and specifically set | ||||||
25 | aside for businesses owned by
minorities, women females , and |
| |||||||
| |||||||
1 | persons with
disabilities on a competitive bid or negotiated | ||||||
2 | basis.
| ||||||
3 | As part of the annual report which the Council must file | ||||||
4 | pursuant to
paragraph (e) of subsection (2) of Section 5, the | ||||||
5 | Council shall report on
any findings made pursuant to this | ||||||
6 | Section.
| ||||||
7 | (Source: P.A. 88-597, eff. 8-28-94 .)
| ||||||
8 | (30 ILCS 575/8f)
| ||||||
9 | (Section scheduled to be repealed on June 30, 2020)
| ||||||
10 | Sec. 8f. Annual report. The Council shall file no later | ||||||
11 | than March 1
of each year, an annual report that shall detail | ||||||
12 | the level of achievement
toward the
goals specified in this Act | ||||||
13 | over the 3 most recent fiscal years. The annual
report shall | ||||||
14 | include, but need not be limited to the following:
| ||||||
15 | (1) a summary detailing expenditures subject to the | ||||||
16 | goals, the
actual goals specified, and the goals attained | ||||||
17 | by each State agency and public institution of higher | ||||||
18 | education;
| ||||||
19 | (2) a summary of the number of contracts awarded and | ||||||
20 | the average contract
amount by each State agency and public | ||||||
21 | institution of higher education;
| ||||||
22 | (3) an analysis of the level of overall goal | ||||||
23 | achievement concerning
purchases
from minority-owned | ||||||
24 | minority businesses, women-owned female-owned businesses, | ||||||
25 | and businesses owned by
persons with disabilities;
|
| |||||||
| |||||||
1 | (4) an analysis of the number of businesses owned by | ||||||
2 | minorities, women females ,
and persons with disabilities | ||||||
3 | that are certified under the program as well as
the number | ||||||
4 | of those businesses that received State procurement | ||||||
5 | contracts; and
| ||||||
6 | (5) a summary of the number of contracts awarded to | ||||||
7 | businesses with annual
gross sales of less than $1,000,000; | ||||||
8 | of $1,000,000 or more, but less than
$5,000,000; of
| ||||||
9 | $5,000,000 or more, but less than $10,000,000; and of | ||||||
10 | $10,000,000 or more.
| ||||||
11 | (Source: P.A. 99-462, eff. 8-25-15 .)
| ||||||
12 | (30 ILCS 575/8g new) | ||||||
13 | Sec. 8g. Business Enterprise Program Council reports. | ||||||
14 | (a) The Department of Central Management Services shall | ||||||
15 | provide a report to the Council identifying all State agency | ||||||
16 | non-construction solicitations that exceed $20,000,000 and | ||||||
17 | that have less than a 20% established goal prior to | ||||||
18 | publication. | ||||||
19 | (b) The Department of Central Management Services shall | ||||||
20 | provide a report to the Council identifying all State agency | ||||||
21 | non-construction awards that exceed $20,000,000. The report | ||||||
22 | shall contain the following: (i) the name of the awardee; (ii) | ||||||
23 | the total bid amount; (iii) the established Business Enterprise | ||||||
24 | Program goal; (iv) the dollar amount and percentage of | ||||||
25 | participation by businesses owned by minorities, women, and |
| |||||||
| |||||||
1 | persons with disabilities; and (v) the names of the certified | ||||||
2 | firms identified in the utilization plan.
| ||||||
3 | (30 ILCS 575/8h new) | ||||||
4 | Sec. 8h. Encouragement for telecom and communications | ||||||
5 | entities to submit supplier diversity reports. | ||||||
6 | (1) The following entities that do business in Illinois or | ||||||
7 | serve Illinois customers shall be subject to this Section: | ||||||
8 | (i) all local exchange telecommunications carriers | ||||||
9 | with at least 35,000 subscriber access lines; | ||||||
10 | (ii) cable and video providers, as defined in Section | ||||||
11 | 21-20l of the Public Utilities Act; | ||||||
12 | (iii) interconnected VoIP providers, as defined in | ||||||
13 | Section 13-235 of the Public Utilities Act; | ||||||
14 | (iv) wireless service providers; | ||||||
15 | (v) broadband internet access services providers; and | ||||||
16 | (vi) any other entity that provides messaging, voice, | ||||||
17 | or video services via the Internet or a social media | ||||||
18 | platform. | ||||||
19 | (2) Each entity subject to this Section may submit to the | ||||||
20 | Illinois Commerce Commission and the Business Enterprise | ||||||
21 | Council an annual report by April 15, 20l8, and every April 15 | ||||||
22 | thereafter, which provides, for the previous calendar year, | ||||||
23 | information and data on diversity goals, and progress toward | ||||||
24 | achieving those goals, by certified businesses owned by | ||||||
25 | minorities, women, persons with disabilities, and |
| |||||||
| |||||||
1 | service-disabled veterans, provided that if the entity does not | ||||||
2 | track such information and data for businesses owned by | ||||||
3 | service-disabled veterans, the entity may provide information | ||||||
4 | and data for businesses owned by veterans. | ||||||
5 | The diversity report shall include the following: | ||||||
6 | (i) Overall annual spending on all such certified | ||||||
7 | businesses. | ||||||
8 | (ii) A narrative description of the entity's supplier | ||||||
9 | diversity goals and plans for meeting those goals. | ||||||
10 | (iii) The entity's best estimate of its annual spending | ||||||
11 | in professional services and spending with certified | ||||||
12 | businesses owned by minorities, women, persons with | ||||||
13 | disabilities, and service-disabled veterans (or veterans, | ||||||
14 | if the reporting entity does not track spending with | ||||||
15 | service-disabled veterans), including, but not limited to, | ||||||
16 | the following professional services categories: | ||||||
17 | accounting; architecture and engineering; consulting; | ||||||
18 | information technology; insurance; financial, legal, and | ||||||
19 | marketing services; and other professional services. The | ||||||
20 | diversity report shall also include the entity's overall | ||||||
21 | annual spending in the listed professional service | ||||||
22 | categories. For the diversity reports due on April 15, 2018 | ||||||
23 | and April 15, 2019, the information on annual spending with | ||||||
24 | certified businesses for professional services required by | ||||||
25 | this Section may be provided for all professional services | ||||||
26 | on an aggregated basis. |
| |||||||
| |||||||
1 | (iv) Beginning with the diversity report due on April | ||||||
2 | 15, 2020, the total number and percentage of women and | ||||||
3 | minorities that provided services for each construction | ||||||
4 | project in the State. | ||||||
5 | An entity subject to this Section which is part of an | ||||||
6 | affiliated group of entities may provide information for the | ||||||
7 | affiliated group as a whole. | ||||||
8 | (3) Any entity that is subject to this Section that does | ||||||
9 | not submit a report shall be reported by the Business | ||||||
10 | Enterprise Council to each chief procurement officer. Upon | ||||||
11 | receiving a report from the Business Enterprise Council, the | ||||||
12 | chief procurement officer may prohibit any entities that do not | ||||||
13 | submit a report from bidding on State contracts for a period of | ||||||
14 | one year beginning the first day of the following fiscal year | ||||||
15 | and post on its respective bulletin the names of all entities | ||||||
16 | that fail to comply with the provisions of this Section. | ||||||
17 | (4) A vendor may appeal any of the actions taken pursuant | ||||||
18 | to this Section in the same manner as a vendor denied | ||||||
19 | certification, by following the appeal procedures in the | ||||||
20 | administrative rules created pursuant to this Act.
| ||||||
21 | (30 ILCS 575/8i new) | ||||||
22 | Sec. 8i. Renewals. State agencies and public institutions | ||||||
23 | of higher education shall: | ||||||
24 | (a) review all existing contracts prior to the time of | ||||||
25 | renewal to determine if the contract goal is being met by |
| |||||||
| |||||||
1 | the prime vendor; | ||||||
2 | (b) review all existing contracts prior to the time of | ||||||
3 | renewal to determine if the contract goal should be | ||||||
4 | increased based upon market conditions and availability of | ||||||
5 | firms certified pursuant to this Act; | ||||||
6 | (c) review existing contracts with no contract goal to | ||||||
7 | determine if a goal can be established; if it is determined | ||||||
8 | that a contract goal can be established, the State agency | ||||||
9 | or public institution of higher education shall encourage | ||||||
10 | the prime vendor to amend the contract to include the | ||||||
11 | contract goal; a prime contractor shall be required to | ||||||
12 | complete a utilization plan to demonstrate how it intends | ||||||
13 | to meet the contract goal; and | ||||||
14 | (d) review renewals at least 6 months prior to renewal | ||||||
15 | to allow adequate time to rebid if it is determined that | ||||||
16 | the prime contractor has not demonstrated good faith | ||||||
17 | efforts towards meeting the contract goal. | ||||||
18 | All renewals shall be subject to any amendments made to | ||||||
19 | this Act, or amendments made to any administrative rules | ||||||
20 | adopted under this Act, that become effective prior to the date | ||||||
21 | of renewal. | ||||||
22 | The requirements of this Section shall not apply to | ||||||
23 | construction and construction-related services procurements. | ||||||
24 | This Section is operative on and after January 1, 2018.
| ||||||
25 | Section 75. The Film
Production Services Tax Credit Act of |
| |||||||
| |||||||
1 | 2008 is amended by changing Sections 30 and 45 as follows:
| ||||||
2 | (35 ILCS 16/30)
| ||||||
3 | Sec. 30. Review of application for accredited production | ||||||
4 | certificate.
| ||||||
5 | (a) In
determining whether to issue an accredited | ||||||
6 | production certificate,
the Department must determine that a | ||||||
7 | preponderance of the following conditions
exist:
| ||||||
8 | (1) The applicant's production intends to make the | ||||||
9 | expenditure in the
State required for certification.
| ||||||
10 | (2) The applicant's production is economically sound | ||||||
11 | and will benefit the
people of the State of Illinois by | ||||||
12 | increasing opportunities for employment and
strengthen the | ||||||
13 | economy of Illinois.
| ||||||
14 | (3) The applicant has filed a diversity plan with the | ||||||
15 | Department outlining specific goals (i) for hiring | ||||||
16 | minority persons and women females , as defined in the | ||||||
17 | Business Enterprise for Minorities, Women Females , and | ||||||
18 | Persons with Disabilities Act, and (ii) for using vendors | ||||||
19 | receiving certification under the Business Enterprise for | ||||||
20 | Minorities, Women Females , and Persons with Disabilities | ||||||
21 | Act; the Department has approved the plan as meeting the | ||||||
22 | requirements established by the Department; and the | ||||||
23 | Department has verified that the applicant has met or made | ||||||
24 | good-faith efforts in achieving those goals. The | ||||||
25 | Department must adopt any rules that are necessary to |
| |||||||
| |||||||
1 | ensure compliance with the provisions of this item (3) and | ||||||
2 | that are necessary to require that the applicant's plan | ||||||
3 | reflects the diversity of this State.
| ||||||
4 | (4) The applicant's production application
indicates | ||||||
5 | whether the applicant intends to participate in training, | ||||||
6 | education,
and
recruitment programs that are organized in | ||||||
7 | cooperation with Illinois colleges
and
universities,
labor | ||||||
8 | organizations, and the motion picture industry and are | ||||||
9 | designed to
promote
and
encourage the training and hiring | ||||||
10 | of Illinois residents who represent the
diversity of the
| ||||||
11 | Illinois population.
| ||||||
12 | (5) That, if not for the credit, the applicant's | ||||||
13 | production would not
occur in
Illinois, which may be | ||||||
14 | demonstrated by any means including, but not limited to,
| ||||||
15 | evidence that the applicant has multi-state or | ||||||
16 | international location options
and could reasonably and | ||||||
17 | efficiently locate outside of the State, or
demonstration | ||||||
18 | that at least one other state or nation is being considered | ||||||
19 | for
the production, or evidence that the receipt of the | ||||||
20 | credit is a major factor in
the
applicant's decision and | ||||||
21 | that without the credit the applicant likely would
not | ||||||
22 | create or retain jobs in Illinois, or demonstration that | ||||||
23 | receiving the
credit is essential to the applicant's | ||||||
24 | decision to create or retain new jobs in
the State.
| ||||||
25 | (6) Awarding the credit will result in an overall | ||||||
26 | positive impact
to the State, as determined by the |
| |||||||
| |||||||
1 | Department using the best available
data.
| ||||||
2 | (b) If any of the provisions in this Section conflict with | ||||||
3 | any existing
collective
bargaining agreements, the terms and | ||||||
4 | conditions of those collective bargaining
agreements shall | ||||||
5 | control.
| ||||||
6 | (Source: P.A. 95-720, eff. 5-27-08 .)
| ||||||
7 | (35 ILCS 16/45)
| ||||||
8 | Sec. 45. Evaluation of tax credit program; reports to the | ||||||
9 | General Assembly. | ||||||
10 | (a) The Department shall evaluate the tax credit program. | ||||||
11 | The evaluation must include an assessment of the effectiveness | ||||||
12 | of the program in creating and retaining new jobs in Illinois | ||||||
13 | and of the revenue impact of the program, and may include a | ||||||
14 | review of the practices and experiences of other states or | ||||||
15 | nations with similar programs. Upon completion of this | ||||||
16 | evaluation, the Department shall determine the overall success | ||||||
17 | of the program, and may make a recommendation to extend, | ||||||
18 | modify, or not extend the program based on this evaluation. | ||||||
19 | (b) At the end of each fiscal quarter, the Department must | ||||||
20 | submit to the General Assembly a report that includes, without | ||||||
21 | limitation, the following information: | ||||||
22 | (1) the economic impact of the tax credit program,
| ||||||
23 | including the number of jobs created and retained, | ||||||
24 | including whether the job positions are entry level, | ||||||
25 | management, talent-related, vendor-related, or |
| |||||||
| |||||||
1 | production-related; | ||||||
2 | (2) the amount of film production spending brought to
| ||||||
3 | Illinois, including the amount of spending and type of | ||||||
4 | Illinois vendors hired in connection with an accredited | ||||||
5 | production; and | ||||||
6 | (3) an overall picture of whether the human
| ||||||
7 | infrastructure of the motion picture industry in Illinois | ||||||
8 | reflects the geographical, racial and ethnic, gender, and | ||||||
9 | income-level diversity of the State of Illinois.
| ||||||
10 | (c) At the end of each fiscal year, the Department must
| ||||||
11 | submit to the General Assembly a report that includes, without | ||||||
12 | limitation, the following information: | ||||||
13 | (1) an identification of each vendor that provided
| ||||||
14 | goods or services that were included in an accredited | ||||||
15 | production's Illinois production spending; | ||||||
16 | (2) the amount paid to each identified vendor by the
| ||||||
17 | accredited production; | ||||||
18 | (3) for each identified vendor, a statement as to
| ||||||
19 | whether the vendor is a minority-owned minority owned | ||||||
20 | business or a women-owned female owned business, as defined | ||||||
21 | under Section 2 of the Business Enterprise for Minorities, | ||||||
22 | Women Females , and Persons with Disabilities Act; and | ||||||
23 | (4) a description of any steps taken by the
Department | ||||||
24 | to encourage accredited productions to use vendors who are | ||||||
25 | a minority-owned minority owned business or a women-owned | ||||||
26 | female owned business.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-720, eff. 5-27-08 .)
| ||||||
2 | Section 80. The Live Theater Production Tax Credit Act is | ||||||
3 | amended by changing Sections 10-30 and 10-50 as follows:
| ||||||
4 | (35 ILCS 17/10-30)
| ||||||
5 | Sec. 10-30. Review of application for accredited theater | ||||||
6 | production certificate. | ||||||
7 | (a) The Department shall issue an accredited theater | ||||||
8 | production certificate to an applicant if it finds that by a | ||||||
9 | preponderance the following conditions exist: | ||||||
10 | (1) the applicant intends to make the expenditure in | ||||||
11 | the State required for certification of the accredited | ||||||
12 | theater production; | ||||||
13 | (2) the applicant's accredited theater production is | ||||||
14 | economically sound and will benefit the people of the State | ||||||
15 | of Illinois by increasing opportunities for employment and | ||||||
16 | will strengthen the economy of Illinois; | ||||||
17 | (3) the following requirements related to the | ||||||
18 | implementation of a diversity plan have been met: (i) the | ||||||
19 | applicant has filed with the Department a diversity plan | ||||||
20 | outlining specific goals for hiring Illinois labor | ||||||
21 | expenditure eligible minority persons and women females , | ||||||
22 | as defined in the Business Enterprise for Minorities, Women | ||||||
23 | Females , and Persons with Disabilities Act, and for using | ||||||
24 | vendors receiving certification under the Business |
| |||||||
| |||||||
1 | Enterprise for Minorities, Women Females , and Persons with | ||||||
2 | Disabilities Act; (ii) the Department has approved the plan | ||||||
3 | as meeting the requirements established by the Department | ||||||
4 | and verified that the applicant has met or made good faith | ||||||
5 | efforts in achieving those goals; and (iii) the Department | ||||||
6 | has adopted any rules that are necessary to ensure | ||||||
7 | compliance with the provisions set forth in this paragraph | ||||||
8 | and necessary to require that the applicant's plan reflects | ||||||
9 | the diversity of the population of this State; | ||||||
10 | (4) the applicant's accredited theater production | ||||||
11 | application indicates whether the applicant intends to | ||||||
12 | participate in training, education, and recruitment | ||||||
13 | programs that are organized in cooperation with Illinois | ||||||
14 | colleges and universities, labor organizations, and the | ||||||
15 | holders of accredited theater production certificates and | ||||||
16 | are designed to promote and encourage the training and | ||||||
17 | hiring of Illinois residents who represent the diversity of | ||||||
18 | Illinois; | ||||||
19 | (5) if not for the tax credit award, the applicant's | ||||||
20 | accredited theater production would not occur in Illinois, | ||||||
21 | which may be demonstrated by any means, including, but not | ||||||
22 | limited to, evidence that: (i) the applicant, presenter, | ||||||
23 | owner, or licensee of the production rights has other state | ||||||
24 | or international location options at which to present the | ||||||
25 | production and could reasonably and efficiently locate | ||||||
26 | outside of the State, (ii) at least one other state or |
| |||||||
| |||||||
1 | nation could be considered for the production, (iii) the | ||||||
2 | receipt of the tax award credit is a major factor in the | ||||||
3 | decision of the applicant, presenter, production owner or | ||||||
4 | licensee as to where the production will be presented and | ||||||
5 | that without the tax credit award the applicant likely | ||||||
6 | would not create or retain jobs in Illinois, or (iv) | ||||||
7 | receipt of the tax credit award is essential to the | ||||||
8 | applicant's decision to create or retain new jobs in the | ||||||
9 | State; and | ||||||
10 | (6) the tax credit award will result in an overall | ||||||
11 | positive impact to the State, as determined by the | ||||||
12 | Department using the best available data. | ||||||
13 | (b) If any of the provisions in this Section conflict with | ||||||
14 | any existing collective bargaining agreements, the terms and | ||||||
15 | conditions of those collective bargaining agreements shall | ||||||
16 | control.
| ||||||
17 | (c) The Department shall act expeditiously regarding | ||||||
18 | approval of applications for accredited theater production | ||||||
19 | certificates so as to accommodate the pre-production work, | ||||||
20 | booking, commencement of ticket sales, determination of | ||||||
21 | performance dates, load in, and other matters relating to the | ||||||
22 | live theater productions for which approval is sought.
| ||||||
23 | (Source: P.A. 97-636, eff. 6-1-12 .)
| ||||||
24 | (35 ILCS 17/10-50)
| ||||||
25 | Sec. 10-50. Live theater tax credit award program |
| |||||||
| |||||||
1 | evaluation and reports. | ||||||
2 | (a) The Department's live theater tax credit award | ||||||
3 | evaluation must include: | ||||||
4 | (i) an assessment of the effectiveness of the program | ||||||
5 | in creating and retaining new jobs in Illinois; | ||||||
6 | (ii) an assessment of the revenue impact of the | ||||||
7 | program; | ||||||
8 | (iii) in the discretion of the Department, a review of | ||||||
9 | the practices and experiences of other states or nations | ||||||
10 | with similar programs; and | ||||||
11 | (iv) an assessment of the overall success of the | ||||||
12 | program. The Department may make a recommendation to | ||||||
13 | extend, modify, or not extend the program based on the | ||||||
14 | evaluation. | ||||||
15 | (b) At the end of each fiscal quarter, the Department shall | ||||||
16 | submit to the General Assembly a report that includes, without | ||||||
17 | limitation: | ||||||
18 | (i) an assessment of the economic impact of the | ||||||
19 | program, including the number of jobs created and retained, | ||||||
20 | and whether the job positions are entry level, management, | ||||||
21 | vendor, or production related; | ||||||
22 | (ii) the amount of accredited theater production | ||||||
23 | spending brought to Illinois, including the amount of | ||||||
24 | spending and type of Illinois vendors hired in connection | ||||||
25 | with an accredited theater production; and | ||||||
26 | (iii) a determination of whether those receiving |
| |||||||
| |||||||
1 | qualifying Illinois labor expenditure salaries or wages | ||||||
2 | reflect the geographical, racial and ethnic, gender, and | ||||||
3 | income level diversity of the State of Illinois. | ||||||
4 | (c) At the end of each fiscal year, the Department shall | ||||||
5 | submit to the General Assembly a report that includes, without | ||||||
6 | limitation: | ||||||
7 | (i) the identification of each vendor that provided | ||||||
8 | goods or services that were included in an accredited | ||||||
9 | theater production's Illinois production spending; | ||||||
10 | (ii) a statement of the amount paid to each identified | ||||||
11 | vendor by the accredited theater production and whether the | ||||||
12 | vendor is a minority-owned minority or women-owned female | ||||||
13 | owned business as defined in Section 2 of the Business | ||||||
14 | Enterprise for Minorities, Women Females , and Persons with | ||||||
15 | Disabilities Act; and | ||||||
16 | (iii) a description of the steps taken by the | ||||||
17 | Department to encourage accredited theater productions to | ||||||
18 | use vendors who are minority-owned minority or women-owned | ||||||
19 | female owned businesses.
| ||||||
20 | (Source: P.A. 97-636, eff. 6-1-12 .)
| ||||||
21 | Section 85. The Illinois Pension Code is amended by | ||||||
22 | changing Sections 1-109.1 and 1-113.21 as follows:
| ||||||
23 | (40 ILCS 5/1-109.1) (from Ch. 108 1/2, par. 1-109.1)
| ||||||
24 | Sec. 1-109.1. Allocation and delegation of fiduciary |
| |||||||
| |||||||
1 | duties.
| ||||||
2 | (1) Subject to the provisions of Section 22A-113 of this | ||||||
3 | Code and
subsections (2) and (3) of this Section, the board of | ||||||
4 | trustees of a
retirement system or pension fund established | ||||||
5 | under this Code may:
| ||||||
6 | (a) Appoint one or more investment managers as | ||||||
7 | fiduciaries to manage
(including the power to acquire and | ||||||
8 | dispose of) any assets of the
retirement system or pension | ||||||
9 | fund; and
| ||||||
10 | (b) Allocate duties among themselves and designate | ||||||
11 | others as fiduciaries
to carry out specific fiduciary | ||||||
12 | activities other than the management of the
assets of the | ||||||
13 | retirement system or pension fund.
| ||||||
14 | (2) The board of trustees of a pension fund established | ||||||
15 | under Article 5, 6,
8, 9, 10, 11, 12 or 17 of this Code may not | ||||||
16 | transfer its investment authority,
nor transfer the assets of | ||||||
17 | the fund to any other person or entity for the
purpose of | ||||||
18 | consolidating or merging its assets and management with any | ||||||
19 | other
pension fund or public investment authority, unless the | ||||||
20 | board resolution
authorizing such transfer is submitted for | ||||||
21 | approval to the contributors and
pensioners of the fund at | ||||||
22 | elections held not less than 30 days after the
adoption of such | ||||||
23 | resolution by the board, and such resolution is approved by a
| ||||||
24 | majority of the votes cast on the question in both the | ||||||
25 | contributors election
and the pensioners election. The | ||||||
26 | election procedures and qualifications
governing the election |
| |||||||
| |||||||
1 | of trustees shall govern the submission of resolutions
for | ||||||
2 | approval under this paragraph, insofar as they may be made | ||||||
3 | applicable.
| ||||||
4 | (3) Pursuant to subsections (h) and (i) of Section 6 of | ||||||
5 | Article VII of
the Illinois Constitution, the investment | ||||||
6 | authority of boards of trustees
of retirement systems and | ||||||
7 | pension funds established under this Code is declared
to be a | ||||||
8 | subject of exclusive State jurisdiction, and the concurrent | ||||||
9 | exercise
by a home rule unit of any power affecting such | ||||||
10 | investment authority is
hereby specifically denied and | ||||||
11 | preempted.
| ||||||
12 | (4) For the purposes of this Code, "emerging investment | ||||||
13 | manager" means a
qualified investment adviser that manages an | ||||||
14 | investment portfolio of at
least $10,000,000 but less than | ||||||
15 | $10,000,000,000 and is a
" minority-owned minority owned | ||||||
16 | business", " women-owned female owned business" or "business | ||||||
17 | owned by a person with a disability" as those terms are
defined | ||||||
18 | in the Business Enterprise for Minorities, Women
Females , and | ||||||
19 | Persons with Disabilities Act.
| ||||||
20 | It is hereby declared to be the public policy of the State | ||||||
21 | of Illinois to
encourage the trustees of public employee | ||||||
22 | retirement systems, pension funds, and investment boards
to use | ||||||
23 | emerging investment managers in managing their system's | ||||||
24 | assets, encompassing all asset classes, and increase the | ||||||
25 | racial, ethnic, and gender diversity of its fiduciaries, to the
| ||||||
26 | greatest extent feasible within the bounds of financial and |
| |||||||
| |||||||
1 | fiduciary
prudence, and to take affirmative steps to remove any | ||||||
2 | barriers to the full
participation in investment opportunities
| ||||||
3 | afforded by those retirement systems, pension funds, and | ||||||
4 | investment boards.
| ||||||
5 | On or before January 1, 2010, a retirement system, pension | ||||||
6 | fund, or investment board subject to this Code, except those | ||||||
7 | whose investments are restricted by Section 1-113.2 of this | ||||||
8 | Code, shall adopt a policy that sets forth goals for | ||||||
9 | utilization of emerging investment managers. This policy shall | ||||||
10 | include quantifiable goals for the management of assets in | ||||||
11 | specific asset classes by emerging investment managers. The | ||||||
12 | retirement system, pension fund, or investment board shall | ||||||
13 | establish 3 separate goals for: (i) emerging investment | ||||||
14 | managers that are minority-owned minority owned businesses; | ||||||
15 | (ii) emerging investment managers that are women-owned female | ||||||
16 | owned businesses; and (iii) emerging investment managers that | ||||||
17 | are businesses owned by a person with a disability. The goals | ||||||
18 | established shall be based on the percentage of total dollar | ||||||
19 | amount of investment service contracts let to minority-owned | ||||||
20 | minority owned businesses, women-owned female owned | ||||||
21 | businesses, and businesses owned by a person with a disability, | ||||||
22 | as those terms are defined in the Business Enterprise for | ||||||
23 | Minorities, Women Females , and Persons with Disabilities Act. | ||||||
24 | The retirement system, pension fund, or investment board shall | ||||||
25 | annually review the goals established under this subsection. | ||||||
26 | If in any case an emerging investment manager meets the |
| |||||||
| |||||||
1 | criteria established by a board for a specific search and meets | ||||||
2 | the criteria established by a consultant for that search, then | ||||||
3 | that emerging investment manager shall receive an invitation by | ||||||
4 | the board of trustees, or an investment committee of the board | ||||||
5 | of trustees, to present his or her firm for final consideration | ||||||
6 | of a contract. In the case where multiple emerging investment | ||||||
7 | managers meet the criteria of this Section, the staff may | ||||||
8 | choose the most qualified firm or firms to present to the | ||||||
9 | board.
| ||||||
10 | The use of an emerging investment manager does not | ||||||
11 | constitute a transfer
of investment authority for the purposes | ||||||
12 | of subsection (2) of this Section.
| ||||||
13 | (5) Each retirement system, pension fund, or investment | ||||||
14 | board subject to this Code, except those whose investments are | ||||||
15 | restricted by Section 1-113.2 of this Code, shall establish a | ||||||
16 | policy that sets forth goals for increasing the racial, ethnic, | ||||||
17 | and gender diversity of its fiduciaries, including its | ||||||
18 | consultants and senior staff. Each system, fund, and investment | ||||||
19 | board shall annually review the goals established under this | ||||||
20 | subsection. | ||||||
21 | (6) On or before January 1, 2010, a retirement system, | ||||||
22 | pension fund, or investment board subject to this Code, except | ||||||
23 | those whose investments are restricted by Section 1-113.2 of | ||||||
24 | this Code, shall adopt a policy that sets forth goals for | ||||||
25 | utilization of businesses owned by minorities, women females , | ||||||
26 | and persons with disabilities for all contracts and services. |
| |||||||
| |||||||
1 | The goals established shall be based on the percentage of total | ||||||
2 | dollar amount of all contracts let to minority-owned minority | ||||||
3 | owned businesses, women-owned female owned businesses, and | ||||||
4 | businesses owned by a person with a disability, as those terms | ||||||
5 | are defined in the Business Enterprise for Minorities, Women | ||||||
6 | Females , and Persons with Disabilities Act. The retirement | ||||||
7 | system, pension fund, or investment board shall annually review | ||||||
8 | the goals established under this subsection. | ||||||
9 | (7) On or before January 1, 2010, a retirement system, | ||||||
10 | pension fund, or investment board subject to this Code, except | ||||||
11 | those whose investments are restricted by Section 1-113.2 of | ||||||
12 | this Code, shall adopt a policy that sets forth goals for | ||||||
13 | increasing the utilization of minority broker-dealers. For the | ||||||
14 | purposes of this Code, "minority broker-dealer" means a | ||||||
15 | qualified broker-dealer who meets the definition of | ||||||
16 | " minority-owned minority owned business", " women-owned female | ||||||
17 | owned business", or "business owned by a person with a | ||||||
18 | disability", as those terms are defined in the Business | ||||||
19 | Enterprise for Minorities, Women Females , and Persons with | ||||||
20 | Disabilities Act. The retirement system, pension fund, or | ||||||
21 | investment board shall annually review the goals established | ||||||
22 | under this Section. | ||||||
23 | (8) Each retirement system, pension fund, and investment | ||||||
24 | board subject to this Code, except those whose investments are | ||||||
25 | restricted by Section 1-113.2 of this Code, shall submit a | ||||||
26 | report to the Governor and the General Assembly by January 1 of |
| |||||||
| |||||||
1 | each year that includes the following: (i) the policy adopted | ||||||
2 | under subsection (4) of this Section, including the names and | ||||||
3 | addresses of the emerging investment managers used, percentage | ||||||
4 | of the assets under the investment control of emerging | ||||||
5 | investment managers for the 3 separate goals, and the actions | ||||||
6 | it has undertaken to increase the use of emerging investment | ||||||
7 | managers, including encouraging other investment managers to | ||||||
8 | use emerging investment managers as subcontractors when the | ||||||
9 | opportunity arises; (ii) the policy adopted under subsection | ||||||
10 | (5) of this Section; (iii) the policy adopted under subsection | ||||||
11 | (6) of this Section; (iv) the policy adopted under subsection | ||||||
12 | (7) of this Section, including specific actions undertaken to | ||||||
13 | increase the use of minority broker-dealers; and (v) the policy | ||||||
14 | adopted under subsection (9) of this Section. | ||||||
15 | (9) On or before February 1, 2015, a retirement system, | ||||||
16 | pension fund, or investment board subject to this Code, except | ||||||
17 | those whose investments are restricted by Section 1-113.2 of | ||||||
18 | this Code, shall adopt a policy that sets forth goals for | ||||||
19 | increasing the utilization of minority investment managers. | ||||||
20 | For the purposes of this Code, "minority investment manager" | ||||||
21 | means a qualified investment manager that manages an investment | ||||||
22 | portfolio and meets the definition of " minority-owned minority | ||||||
23 | owned business", " women-owned female owned business", or | ||||||
24 | "business owned by a person with a disability", as those terms | ||||||
25 | are defined in the Business Enterprise for Minorities, Women | ||||||
26 | Females , and Persons with Disabilities Act. |
| |||||||
| |||||||
1 | It is hereby declared to be the public policy of the State | ||||||
2 | of Illinois to
encourage the trustees of public employee | ||||||
3 | retirement systems, pension funds, and investment boards
to use | ||||||
4 | minority investment managers in managing their systems' | ||||||
5 | assets, encompassing all asset classes, and to increase the | ||||||
6 | racial, ethnic, and gender diversity of their fiduciaries, to | ||||||
7 | the
greatest extent feasible within the bounds of financial and | ||||||
8 | fiduciary
prudence, and to take affirmative steps to remove any | ||||||
9 | barriers to the full
participation in investment opportunities
| ||||||
10 | afforded by those retirement systems, pension funds, and | ||||||
11 | investment boards. | ||||||
12 | The retirement system, pension fund, or investment board | ||||||
13 | shall establish 3 separate goals for: (i) minority investment | ||||||
14 | managers that are minority-owned minority owned businesses; | ||||||
15 | (ii) minority investment managers that are women-owned female | ||||||
16 | owned businesses; and (iii) minority investment managers that | ||||||
17 | are businesses owned by a person with a disability. The | ||||||
18 | retirement system, pension fund, or investment board shall | ||||||
19 | annually review the goals established under this Section. | ||||||
20 | If in any case a minority investment manager meets the | ||||||
21 | criteria established by a board for a specific search and meets | ||||||
22 | the criteria established by a consultant for that search, then | ||||||
23 | that minority investment manager shall receive an invitation by | ||||||
24 | the board of trustees, or an investment committee of the board | ||||||
25 | of trustees, to present his or her firm for final consideration | ||||||
26 | of a contract. In the case where multiple minority investment |
| |||||||
| |||||||
1 | managers meet the criteria of this Section, the staff may | ||||||
2 | choose the most qualified firm or firms to present to the | ||||||
3 | board. | ||||||
4 | The use of a minority investment manager does not | ||||||
5 | constitute a transfer
of investment authority for the purposes | ||||||
6 | of subsection (2) of this Section. | ||||||
7 | (10) Beginning January 1, 2016, it shall be the | ||||||
8 | aspirational goal for a retirement system, pension fund, or | ||||||
9 | investment board subject to this Code to use emerging | ||||||
10 | investment managers for not less than 20% of the total funds | ||||||
11 | under management. Furthermore, it shall be the aspirational | ||||||
12 | goal that not less than 20% of investment advisors be | ||||||
13 | minorities, women females , and persons with disabilities as | ||||||
14 | those terms are defined in the Business Enterprise for | ||||||
15 | Minorities, Women Females , and Persons with Disabilities Act. | ||||||
16 | It shall be the aspirational goal to utilize businesses owned | ||||||
17 | by minorities, women females , and persons with disabilities for | ||||||
18 | not less than 20% of contracts awarded for "information | ||||||
19 | technology services", "accounting services", "insurance | ||||||
20 | brokers", "architectural and engineering services", and "legal | ||||||
21 | services" as those terms are defined in the Act. | ||||||
22 | (Source: P.A. 98-1022, eff. 1-1-15; 99-462, eff. 8-25-15.)
| ||||||
23 | (40 ILCS 5/1-113.21) | ||||||
24 | Sec. 1-113.21. Contracts for services. | ||||||
25 | (a) Beginning January 1, 2015, no contract, oral or |
| |||||||
| |||||||
1 | written, for investment services, consulting services, or | ||||||
2 | commitment to a private market fund shall be awarded by a | ||||||
3 | retirement system, pension fund, or investment board | ||||||
4 | established under this Code unless the investment advisor, | ||||||
5 | consultant, or private market fund first discloses: | ||||||
6 | (1) the number of its investment and senior staff and | ||||||
7 | the percentage of its investment and senior staff who are | ||||||
8 | (i) a minority person, (ii) a woman female , and (iii) a | ||||||
9 | person with a disability; and | ||||||
10 | (2) the number of contracts, oral or written, for | ||||||
11 | investment services, consulting services, and professional | ||||||
12 | and artistic services that the investment advisor, | ||||||
13 | consultant, or private market fund has with (i) a | ||||||
14 | minority-owned minority owned business, (ii) a women-owned | ||||||
15 | female owned business, or (iii) a business owned by a | ||||||
16 | person with a disability; and | ||||||
17 | (3) the number of contracts, oral or written, for | ||||||
18 | investment services, consulting services, and professional | ||||||
19 | and artistic services the investment advisor, consultant, | ||||||
20 | or private market fund has with a business other than (i) a | ||||||
21 | minority-owned minority owned business, (ii) a women-owned | ||||||
22 | female owned business or (iii) a business owned by a person | ||||||
23 | with a disability, if more than 50% of services performed | ||||||
24 | pursuant to the contract are performed by (i) a minority | ||||||
25 | person, (ii) a woman female , and (iii) a person with a | ||||||
26 | disability. |
| |||||||
| |||||||
1 | (b) The disclosures required by this Section shall be | ||||||
2 | considered, within the bounds of financial and fiduciary | ||||||
3 | prudence, prior to the awarding of a contract, oral or written, | ||||||
4 | for investment services, consulting services, or commitment to | ||||||
5 | a private market fund. | ||||||
6 | (c) For the purposes of this Section, the terms "minority | ||||||
7 | person", " woman female ", "person
with a disability", | ||||||
8 | " minority-owned minority owned business", " women-owned female | ||||||
9 | owned business", and
"business owned by a person with a | ||||||
10 | disability" have the same meaning as those
terms have in the | ||||||
11 | Business Enterprise for Minorities, Women Females , and Persons
| ||||||
12 | with Disabilities Act. | ||||||
13 | (d) For purposes of this Section, the term "private market | ||||||
14 | fund" means any private equity fund, private equity fund of | ||||||
15 | funds, venture capital fund, hedge fund, hedge fund of funds, | ||||||
16 | real estate fund, or other investment vehicle that is not | ||||||
17 | publicly traded.
| ||||||
18 | (Source: P.A. 98-1022, eff. 1-1-15 .)
| ||||||
19 | Section 90. The Counties Code is amended by changing | ||||||
20 | Section 5-1134 as follows:
| ||||||
21 | (55 ILCS 5/5-1134) | ||||||
22 | Sec. 5-1134. Project labor agreements. | ||||||
23 | (a) Any sports, arts, or entertainment facilities that | ||||||
24 | receive revenue from a tax imposed under subsection (b) of |
| |||||||
| |||||||
1 | Section 5-1030 of this Code shall be considered to be public | ||||||
2 | works within the meaning of the Prevailing Wage Act. The county | ||||||
3 | authorities responsible for the construction, renovation, | ||||||
4 | modification, or alteration of the sports, arts, or | ||||||
5 | entertainment facilities shall enter into project labor | ||||||
6 | agreements with labor organizations as defined in the National | ||||||
7 | Labor Relations Act to assure that no labor dispute interrupts | ||||||
8 | or interferes with the construction, renovation, modification, | ||||||
9 | or alteration of the projects. | ||||||
10 | (b) The project labor agreements must include the | ||||||
11 | following: | ||||||
12 | (1) provisions establishing the minimum hourly wage | ||||||
13 | for each class of labor organization employees; | ||||||
14 | (2) provisions establishing the benefits and other | ||||||
15 | compensation for such class of labor organization; and | ||||||
16 | (3) provisions establishing that no strike or disputes | ||||||
17 | will be engaged in by the labor organization employees. | ||||||
18 | The county, taxing bodies, municipalities, and the labor | ||||||
19 | organizations shall have the authority to include other terms | ||||||
20 | and conditions as they deem necessary. | ||||||
21 | (c) The project labor agreement shall be filed with the | ||||||
22 | Director of the Illinois Department of Labor in accordance with | ||||||
23 | procedures established by the Department. At a minimum, the | ||||||
24 | project labor agreement must provide the names, addresses, and | ||||||
25 | occupations of the owner of the facilities and the individuals | ||||||
26 | representing the labor organization employees participating in |
| |||||||
| |||||||
1 | the project labor agreement. The agreement must also specify | ||||||
2 | the terms and conditions required in subsection (b) of this | ||||||
3 | Section. | ||||||
4 | (d) In any agreement for the construction or rehabilitation | ||||||
5 | of a facility using revenue generated under subsection (b) of | ||||||
6 | Section 5-1030 of this Code, in connection with the | ||||||
7 | prequalification of general contractors for construction or | ||||||
8 | rehabilitation of the facility, it shall be required that a | ||||||
9 | commitment will be submitted detailing how the general | ||||||
10 | contractor will expend 15% or more of the aggregate dollar | ||||||
11 | value of the project as a whole with one or more minority-owned | ||||||
12 | businesses, women-owned female-owned businesses, or businesses | ||||||
13 | owned by a person with a disability, as these terms are defined | ||||||
14 | in Section 2 of the Business Enterprise for Minorities, Women | ||||||
15 | Females , and Persons with Disabilities Act.
| ||||||
16 | (Source: P.A. 98-313, eff. 8-12-13; 98-756, eff. 7-16-14.)
| ||||||
17 | Section 95. The River Edge Redevelopment Zone Act is | ||||||
18 | amended by changing Section 10-5.3 as follows:
| ||||||
19 | (65 ILCS 115/10-5.3)
| ||||||
20 | Sec. 10-5.3. Certification of River Edge Redevelopment | ||||||
21 | Zones. | ||||||
22 | (a) Approval of designated River Edge Redevelopment Zones | ||||||
23 | shall be made by the Department by certification of the | ||||||
24 | designating ordinance. The Department shall promptly issue a |
| |||||||
| |||||||
1 | certificate for each zone upon its approval. The certificate | ||||||
2 | shall be signed by the Director of the Department, shall make | ||||||
3 | specific reference to the designating ordinance, which shall be | ||||||
4 | attached thereto, and shall be filed in the office of the | ||||||
5 | Secretary of State. A certified copy of the River Edge | ||||||
6 | Redevelopment Zone Certificate, or a duplicate original | ||||||
7 | thereof, shall be recorded in the office of the recorder of | ||||||
8 | deeds of the county in which the River Edge Redevelopment Zone | ||||||
9 | lies. | ||||||
10 | (b) A River Edge Redevelopment Zone shall be effective upon | ||||||
11 | its certification. The Department shall transmit a copy of the | ||||||
12 | certification to the Department of Revenue, and to the | ||||||
13 | designating municipality.
Upon certification of a River Edge | ||||||
14 | Redevelopment Zone, the terms and provisions of the designating | ||||||
15 | ordinance shall be in effect, and may not be amended or | ||||||
16 | repealed except in accordance with Section 10-5.4. | ||||||
17 | (c) A River Edge Redevelopment Zone shall be in effect for | ||||||
18 | the period stated in the certificate, which shall in no event | ||||||
19 | exceed 30 calendar years. Zones shall terminate at midnight of | ||||||
20 | December 31 of the final calendar year of the certified term, | ||||||
21 | except as provided in Section 10-5.4. | ||||||
22 | (d) In calendar years 2006 and 2007, the Department may | ||||||
23 | certify one pilot River Edge Redevelopment Zone in the City of | ||||||
24 | East St. Louis, one pilot River Edge Redevelopment Zone in the | ||||||
25 | City of Rockford, and one pilot River Edge Redevelopment Zone | ||||||
26 | in the City of Aurora. |
| |||||||
| |||||||
1 | In calendar year 2009, the Department may certify one pilot | ||||||
2 | River Edge Redevelopment Zone in the City of Elgin. | ||||||
3 | On or after the effective date of this amendatory Act of | ||||||
4 | the 97th General Assembly, the Department may certify one | ||||||
5 | additional pilot River Edge Redevelopment Zone in the City of | ||||||
6 | Peoria. | ||||||
7 | Thereafter the Department may not certify any additional | ||||||
8 | River Edge Redevelopment Zones, but may amend and rescind | ||||||
9 | certifications of existing River Edge Redevelopment Zones in | ||||||
10 | accordance with Section 10-5.4, except that no River Edge | ||||||
11 | Redevelopment Zone may be extended on or after the effective | ||||||
12 | date of this amendatory Act of the 97th General Assembly. Each | ||||||
13 | River Edge Redevelopment Zone in existence on the effective | ||||||
14 | date of this amendatory Act of the 97th General Assembly shall | ||||||
15 | continue until its scheduled termination under this Act, unless | ||||||
16 | the Zone is decertified sooner. At the time of its term | ||||||
17 | expiration each River Edge Redevelopment Zone will become an | ||||||
18 | open enterprise zone, available for the previously designated | ||||||
19 | area or a different area to compete for designation as an | ||||||
20 | enterprise zone. No preference for designation as a Zone will | ||||||
21 | be given to the previously designated area. | ||||||
22 | (e) A municipality in which a River Edge Redevelopment Zone | ||||||
23 | has been certified must submit to the Department, within 60 | ||||||
24 | days after the certification, a plan for encouraging the | ||||||
25 | participation by minority persons, women females , persons with | ||||||
26 | disabilities, and veterans in the zone. The Department may |
| |||||||
| |||||||
1 | assist the municipality in developing and implementing the | ||||||
2 | plan. The terms "minority person", " woman female ", and "person | ||||||
3 | with a disability" have the meanings set forth under Section 2 | ||||||
4 | of the Business Enterprise for Minorities, Women Females , and | ||||||
5 | Persons with Disabilities Act. "Veteran" means an Illinois | ||||||
6 | resident who is a veteran as defined in subsection (h) of | ||||||
7 | Section 1491 of Title 10 of the United States Code.
| ||||||
8 | (Source: P.A. 96-37, eff. 7-13-09; 97-203, eff. 7-28-11; | ||||||
9 | 97-905, eff. 8-7-12.)
| ||||||
10 | Section 100. The Metropolitan Pier and Exposition | ||||||
11 | Authority Act is amended by changing Sections 10.2 and 23.1 as | ||||||
12 | follows:
| ||||||
13 | (70 ILCS 210/10.2) | ||||||
14 | Sec. 10.2. Bonding disclosure. | ||||||
15 | (a) Truth in borrowing disclosure. Within 60 business days | ||||||
16 | after the issuance of any bonds under this Act, the Authority | ||||||
17 | shall disclose the total principal and interest payments to be | ||||||
18 | paid on the bonds over the full stated term of the bonds. The | ||||||
19 | disclosure also shall include principal and interest payments | ||||||
20 | to be made by each fiscal year over the full stated term of the | ||||||
21 | bonds and total principal and interest payments to be made by | ||||||
22 | each fiscal year on all other outstanding bonds issued under | ||||||
23 | this Act over the full stated terms of those bonds. These | ||||||
24 | disclosures shall be calculated assuming bonds are not redeemed |
| |||||||
| |||||||
1 | or refunded prior to their stated maturities. Amounts included | ||||||
2 | in these disclosures as payment of interest on variable rate | ||||||
3 | bonds shall be computed at an interest rate equal to the rate | ||||||
4 | at which the variable rate bonds are first set upon issuance, | ||||||
5 | plus 2.5%, after taking into account any credits permitted in | ||||||
6 | the related indenture or other instrument against the amount of | ||||||
7 | such interest for each fiscal year. | ||||||
8 | (b) Bond sale expenses disclosure. Within 60 business days | ||||||
9 | after the issuance of any bonds under this Act, the Authority | ||||||
10 | shall disclose all costs of issuance on each sale of bonds | ||||||
11 | under this Act. The disclosure shall include, as applicable, | ||||||
12 | the respective percentages of participation and compensation | ||||||
13 | of each underwriter that is a member of the underwriting | ||||||
14 | syndicate, legal counsel, financial advisors, and other | ||||||
15 | professionals for the bond issue and an identification of all | ||||||
16 | costs of issuance paid to minority-owned minority owned | ||||||
17 | businesses, women-owned female owned businesses, and | ||||||
18 | businesses owned by persons with disabilities. The terms | ||||||
19 | " minority-owned minority owned businesses", " women-owned | ||||||
20 | female owned businesses", and "business owned by a person with | ||||||
21 | a disability" have the meanings given to those terms in the | ||||||
22 | Business Enterprise for Minorities, Women Females , and Persons | ||||||
23 | with Disabilities Act. In addition, the Authority shall provide | ||||||
24 | copies of all contracts under which any costs of issuance are | ||||||
25 | paid or to be paid to the Commission on Government Forecasting | ||||||
26 | and Accountability within 60 business days after the issuance |
| |||||||
| |||||||
1 | of bonds for which those costs are paid or to be paid. Instead | ||||||
2 | of filing a second or subsequent copy of the same contract, the | ||||||
3 | Authority may file a statement that specified costs are paid | ||||||
4 | under specified contracts filed earlier with the Commission. | ||||||
5 | (c) The disclosures required in this Section shall be | ||||||
6 | published by posting the disclosures for no less than 30 days | ||||||
7 | on the website of the Authority and shall be available to the | ||||||
8 | public upon request. The Authority shall also provide the | ||||||
9 | disclosures to the Governor's Office of Management and Budget, | ||||||
10 | the Commission on Government Forecasting and Accountability, | ||||||
11 | and the General Assembly.
| ||||||
12 | (Source: P.A. 96-898, eff. 5-27-10.)
| ||||||
13 | (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
| ||||||
14 | Sec. 23.1. Affirmative action.
| ||||||
15 | (a) The Authority shall, within 90 days after the effective
| ||||||
16 | date of this amendatory Act of 1984, establish and maintain an | ||||||
17 | affirmative
action program designed to promote equal | ||||||
18 | employment opportunity and
eliminate the effects of past | ||||||
19 | discrimination. Such program shall include a
plan, including | ||||||
20 | timetables where appropriate, which shall specify goals
and | ||||||
21 | methods for increasing participation by women and minorities in
| ||||||
22 | employment, including employment related to the planning, | ||||||
23 | organization, and staging of the games, by the Authority and by | ||||||
24 | parties which contract with the Authority.
The Authority shall | ||||||
25 | submit a detailed plan with the General Assembly prior
to |
| |||||||
| |||||||
1 | September 1 of each year. Such program shall also establish | ||||||
2 | procedures and
sanctions (including debarment) , which the | ||||||
3 | Authority shall enforce to
ensure compliance with the plan | ||||||
4 | established pursuant to this Section and
with State and federal | ||||||
5 | laws and regulations relating to the employment of
women and | ||||||
6 | minorities. A determination by the Authority as to whether a
| ||||||
7 | party to a contract with the Authority has achieved the goals | ||||||
8 | or employed
the methods for increasing participation by women | ||||||
9 | and minorities shall be
determined in accordance with the terms | ||||||
10 | of such contracts or the applicable
provisions of rules and | ||||||
11 | regulations of the Authority existing at the time
such contract | ||||||
12 | was executed, including any provisions for consideration of
| ||||||
13 | good faith efforts at compliance which the Authority may | ||||||
14 | reasonably adopt.
| ||||||
15 | (b) The Authority shall adopt and maintain minority-owned | ||||||
16 | minority and women-owned
female owned business enterprise | ||||||
17 | procurement programs under the affirmative
action program | ||||||
18 | described in subsection (a) for any and all work, including all | ||||||
19 | contracting related to the planning, organization, and staging | ||||||
20 | of the games, undertaken
by the Authority. That work shall | ||||||
21 | include, but is not limited to, the
purchase of professional | ||||||
22 | services, construction services, supplies,
materials, and | ||||||
23 | equipment. The programs shall establish goals of awarding
not | ||||||
24 | less than 25% of the annual dollar value of all contracts, | ||||||
25 | purchase
orders, or other agreements (collectively referred to | ||||||
26 | as "contracts") to minority-owned
minority owned businesses |
| |||||||
| |||||||
1 | and 5% of the annual dollar value of all
contracts to | ||||||
2 | women-owned female owned businesses. Without limiting the | ||||||
3 | generality of
the foregoing, the programs shall require in | ||||||
4 | connection with the
prequalification or consideration of | ||||||
5 | vendors for professional service
contracts, construction | ||||||
6 | contracts, and contracts for supplies, materials,
equipment, | ||||||
7 | and services that each proposer or bidder submit as part of his
| ||||||
8 | or her proposal or bid a commitment detailing how he or she | ||||||
9 | will expend 25%
or more of the dollar value of his or her | ||||||
10 | contracts with one or more minority-owned
minority owned | ||||||
11 | businesses and 5% or more of the dollar value with one or
more | ||||||
12 | women-owned female owned businesses. Bids or proposals that do | ||||||
13 | not include such
detailed commitments are not responsive and | ||||||
14 | shall be rejected unless the
Authority deems it appropriate to | ||||||
15 | grant a waiver of these requirements. In
addition the Authority | ||||||
16 | may, in connection with the selection of providers
of | ||||||
17 | professional services, reserve the right to select a | ||||||
18 | minority-owned minority or women-owned female
owned business | ||||||
19 | or businesses to fulfill the commitment to minority and woman
| ||||||
20 | female business participation. The commitment to minority and | ||||||
21 | woman female
business participation may be met by the | ||||||
22 | contractor or professional service
provider's status as a | ||||||
23 | minority-owned minority or women-owned female owned business, | ||||||
24 | by joint venture
or by subcontracting a portion of the work | ||||||
25 | with or purchasing materials for
the work from one or more such | ||||||
26 | businesses, or by any combination thereof.
Each contract shall |
| |||||||
| |||||||
1 | require the contractor or provider to submit a
certified | ||||||
2 | monthly report detailing the status of that contractor or
| ||||||
3 | provider's compliance with the Authority's minority-owned | ||||||
4 | minority and women-owned female owned
business enterprise | ||||||
5 | procurement program. The Authority, after reviewing
the | ||||||
6 | monthly reports of the contractors and providers, shall
compile | ||||||
7 | a comprehensive report regarding compliance with this | ||||||
8 | procurement
program and file it quarterly with the General | ||||||
9 | Assembly. If, in connection
with a particular contract, the | ||||||
10 | Authority determines that it is
impracticable or excessively | ||||||
11 | costly to obtain minority-owned minority or women-owned female | ||||||
12 | owned
businesses to perform sufficient work to fulfill the | ||||||
13 | commitment required by
this subsection, the Authority shall | ||||||
14 | reduce or waive the commitment in the
contract, as may be | ||||||
15 | appropriate. The Authority shall establish rules and
| ||||||
16 | regulations setting forth the standards to be used in | ||||||
17 | determining whether
or not a reduction or waiver is | ||||||
18 | appropriate. The terms " minority-owned minority owned
| ||||||
19 | business" and " women-owned female owned business" have the | ||||||
20 | meanings given to those
terms in the Business Enterprise for | ||||||
21 | Minorities, Women
Females , and Persons with Disabilities Act.
| ||||||
22 | (c) The Authority shall adopt and maintain an affirmative
| ||||||
23 | action program in connection with the hiring
of minorities and | ||||||
24 | women on the Expansion Project and on any and all
construction | ||||||
25 | projects, including all contracting related to the planning, | ||||||
26 | organization, and staging of the games, undertaken by the |
| |||||||
| |||||||
1 | Authority. The program shall be
designed to promote equal | ||||||
2 | employment opportunity and shall specify the
goals and methods | ||||||
3 | for increasing the participation of minorities and women
in a | ||||||
4 | representative mix of job classifications required to perform | ||||||
5 | the
respective contracts awarded by the Authority.
| ||||||
6 | (d) In connection with the Expansion Project, the Authority | ||||||
7 | shall
incorporate the following elements into its | ||||||
8 | minority-owned minority and women-owned female owned
business | ||||||
9 | procurement programs to the extent feasible: (1) a major
| ||||||
10 | contractors program that permits minority-owned minority owned | ||||||
11 | businesses and women-owned female owned
businesses to bear | ||||||
12 | significant responsibility and risk for a portion of the
| ||||||
13 | project; (2) a mentor/protege program that provides financial, | ||||||
14 | technical,
managerial, equipment, and personnel support to | ||||||
15 | minority-owned minority owned businesses
and women-owned | ||||||
16 | female owned businesses; (3) an emerging firms program that | ||||||
17 | includes minority-owned
minority owned businesses and | ||||||
18 | women-owned female owned businesses that would not
otherwise | ||||||
19 | qualify for the project due to inexperience or limited | ||||||
20 | resources;
(4) a small projects program that includes | ||||||
21 | participation by smaller minority-owned
minority owned | ||||||
22 | businesses and women-owned female owned businesses on jobs | ||||||
23 | where the
total dollar value is $5,000,000 or less; and (5) a | ||||||
24 | set-aside program that
will identify contracts requiring the | ||||||
25 | expenditure of funds less than
$50,000 for bids to be submitted | ||||||
26 | solely by minority-owned minority owned businesses and |
| |||||||
| |||||||
1 | women-owned
female owned businesses.
| ||||||
2 | (e) The Authority is authorized to enter into agreements | ||||||
3 | with
contractors' associations, labor unions, and the | ||||||
4 | contractors working on the
Expansion Project to establish an | ||||||
5 | Apprenticeship Preparedness Training
Program to provide for an | ||||||
6 | increase in the number of minority and women female
journeymen | ||||||
7 | and apprentices in the building trades and to enter into
| ||||||
8 | agreements with Community College District 508 to provide | ||||||
9 | readiness training.
The Authority is further authorized to | ||||||
10 | enter into contracts with public and
private educational | ||||||
11 | institutions and persons in the hospitality industry to
provide | ||||||
12 | training for employment in the hospitality industry.
| ||||||
13 | (f) McCormick Place Advisory Board. There is created a | ||||||
14 | McCormick Place
Advisory Board composed as follows:
2 members | ||||||
15 | shall be appointed by the Mayor of Chicago;
2 members shall be | ||||||
16 | appointed by the Governor;
2 members shall be State Senators | ||||||
17 | appointed by the President of the Senate;
2 members shall be | ||||||
18 | State Senators appointed by the Minority Leader of the
Senate;
| ||||||
19 | 2 members shall be State Representatives appointed by the | ||||||
20 | Speaker of the House
of Representatives; and
2 members shall be | ||||||
21 | State Representatives appointed by the Minority Leader of
the | ||||||
22 | House of Representatives.
The terms of all previously appointed | ||||||
23 | members of the Advisory Board expire on
the effective date of | ||||||
24 | this amendatory Act of the 92nd General Assembly. A
State | ||||||
25 | Senator or State Representative member may appoint a designee | ||||||
26 | to serve
on the McCormick Place Advisory Board in his or her |
| |||||||
| |||||||
1 | absence.
| ||||||
2 | A "member of a minority group" shall mean a person who is a | ||||||
3 | citizen or
lawful permanent resident of the United States and | ||||||
4 | who is any of the following:
| ||||||
5 | (1) American Indian or Alaska Native (a person having | ||||||
6 | origins in any of the original peoples of North and South | ||||||
7 | America, including Central America, and who maintains | ||||||
8 | tribal affiliation or community attachment). | ||||||
9 | (2) Asian (a person having origins in any of the | ||||||
10 | original peoples of the Far East, Southeast Asia, or the | ||||||
11 | Indian subcontinent, including, but not limited to, | ||||||
12 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
13 | the Philippine Islands, Thailand, and Vietnam). | ||||||
14 | (3) Black or African American (a person having origins | ||||||
15 | in any of the black racial groups of Africa). Terms such as | ||||||
16 | "Haitian" or "Negro" can be used in addition to "Black or | ||||||
17 | African American". | ||||||
18 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
19 | Puerto Rican, South or Central American, or other Spanish | ||||||
20 | culture or origin, regardless of race). | ||||||
21 | (5) Native Hawaiian or Other Pacific Islander (a person | ||||||
22 | having origins in any of the original peoples of Hawaii, | ||||||
23 | Guam, Samoa, or other Pacific Islands).
| ||||||
24 | Members of the McCormick Place Advisory Board shall serve | ||||||
25 | 2-year terms
and until their successors are appointed, except | ||||||
26 | members who serve as a
result of their elected position whose |
| |||||||
| |||||||
1 | terms shall continue as long as
they hold their designated | ||||||
2 | elected positions. Vacancies shall be filled by
appointment for | ||||||
3 | the unexpired term in the same manner as original
appointments | ||||||
4 | are made. The McCormick Place Advisory Board shall elect
its | ||||||
5 | own chairperson.
| ||||||
6 | Members of the McCormick Place Advisory Board shall serve | ||||||
7 | without
compensation but, at the Authority's discretion, shall | ||||||
8 | be reimbursed for
necessary expenses in connection with the | ||||||
9 | performance of their duties.
| ||||||
10 | The McCormick Place Advisory Board shall meet quarterly, or | ||||||
11 | as needed,
shall produce any reports it deems necessary, and | ||||||
12 | shall:
| ||||||
13 | (1) Work with the Authority on ways to improve the area | ||||||
14 | physically
and economically;
| ||||||
15 | (2) Work with the Authority regarding potential means | ||||||
16 | for providing
increased economic opportunities to | ||||||
17 | minorities and women produced
indirectly or directly from | ||||||
18 | the construction and operation of the
Expansion Project;
| ||||||
19 | (3) Work with the Authority to minimize any potential | ||||||
20 | impact on the
area surrounding the McCormick Place | ||||||
21 | Expansion Project, including any
impact on minority-owned | ||||||
22 | minority or women-owned female owned businesses, resulting | ||||||
23 | from the
construction and operation of the Expansion | ||||||
24 | Project;
| ||||||
25 | (4) Work with the Authority to find candidates for | ||||||
26 | building trades
apprenticeships, for employment in the |
| |||||||
| |||||||
1 | hospitality industry, and to identify
job training | ||||||
2 | programs;
| ||||||
3 | (5) Work with the Authority to implement the provisions | ||||||
4 | of subsections
(a) through (e) of this Section in the | ||||||
5 | construction of the Expansion
Project, including the | ||||||
6 | Authority's goal of awarding not less than 25% and
5% of | ||||||
7 | the annual dollar value of contracts to minority-owned | ||||||
8 | minority and women-owned female owned
businesses, the | ||||||
9 | outreach program for minorities and women, and the
| ||||||
10 | mentor/protege program for providing assistance to | ||||||
11 | minority-owned minority and women-owned female
owned | ||||||
12 | businesses.
| ||||||
13 | (g) The Authority shall comply with subsection (e) of | ||||||
14 | Section 5-42 of the Olympic Games and Paralympic Games (2016) | ||||||
15 | Law. For purposes of this Section, the term "games" has the | ||||||
16 | meaning set forth in the Olympic Games and Paralympic Games | ||||||
17 | (2016) Law. | ||||||
18 | (Source: P.A. 96-7, eff. 4-3-09; 97-396, eff. 1-1-12.)
| ||||||
19 | Section 105. The Illinois Sports Facilities Authority Act | ||||||
20 | is amended by changing Section 9 as follows:
| ||||||
21 | (70 ILCS 3205/9) (from Ch. 85, par. 6009)
| ||||||
22 | Sec. 9. Duties. In addition to the powers set forth | ||||||
23 | elsewhere in
this Act, subject to the terms of any agreements | ||||||
24 | with the holders of the
Authority's bonds or notes, the |
| |||||||
| |||||||
1 | Authority shall:
| ||||||
2 | (1) Comply with all zoning, building, and land use | ||||||
3 | controls of the
municipality within which is located any | ||||||
4 | stadium facility
owned by the Authority or for which the | ||||||
5 | Authority provides financial
assistance.
| ||||||
6 | (2) With respect to a facility owned or to be owned by | ||||||
7 | the Authority,
enter or have entered into a management | ||||||
8 | agreement with a tenant of the
Authority to operate the | ||||||
9 | facility that requires the tenant to operate the
facility | ||||||
10 | for a period at least as long as the term of any bonds | ||||||
11 | issued to
finance the development, establishment, | ||||||
12 | construction, erection, acquisition,
repair, | ||||||
13 | reconstruction, remodeling, adding to, extension, | ||||||
14 | improvement,
equipping, operation, and maintenance of the | ||||||
15 | facility. Such agreement shall
contain appropriate and | ||||||
16 | reasonable provisions with respect to termination,
default | ||||||
17 | and legal remedies.
| ||||||
18 | (3) With respect to a facility owned or to be owned by | ||||||
19 | a governmental
owner other than the Authority, enter into | ||||||
20 | an assistance agreement with either
a governmental owner of | ||||||
21 | a facility or its tenant, or both,
that requires the | ||||||
22 | tenant, or if the tenant is not a party to the assistance
| ||||||
23 | agreement requires the governmental owner to enter into an | ||||||
24 | agreement with the
tenant that requires the tenant to use | ||||||
25 | the facility for a period at least as
long as the term of | ||||||
26 | any bonds issued to finance the reconstruction, |
| |||||||
| |||||||
1 | renovation,
remodeling, extension or improvement of all or | ||||||
2 | substantially all of the
facility.
| ||||||
3 | (4) Create and maintain a separate financial reserve | ||||||
4 | for repair and
replacement of capital assets of any | ||||||
5 | facility owned by the Authority or for
which the Authority | ||||||
6 | provides financial assistance and deposit into this | ||||||
7 | reserve
not less than $1,000,000 per year for each such | ||||||
8 | facility beginning at such time
as the Authority and the | ||||||
9 | tenant, or the Authority and a governmental owner of a
| ||||||
10 | facility, as applicable, shall agree.
| ||||||
11 | (5) In connection with prequalification of general | ||||||
12 | contractors for the
construction of a new stadium facility | ||||||
13 | or the reconstruction, renovation,
remodeling, extension, | ||||||
14 | or improvement of all or substantially all of an
existing | ||||||
15 | facility, the Authority shall require submission of a | ||||||
16 | commitment
detailing how the general contractor will | ||||||
17 | expend 25% or more of the dollar
value of the general | ||||||
18 | contract with one or more minority-owned businesses | ||||||
19 | minority business enterprises
and 5% or more of the dollar | ||||||
20 | value with one or more women-owned businesses female | ||||||
21 | business
enterprises . This commitment may be met by | ||||||
22 | contractor's status as a minority-owned businesses | ||||||
23 | minority
business enterprise or women-owned businesses | ||||||
24 | female business enterprise , by a joint venture or by
| ||||||
25 | subcontracting a portion of the work with or by purchasing | ||||||
26 | materials for the
work from one or more such businesses |
| |||||||
| |||||||
1 | enterprises , or by any combination thereof. Any
contract | ||||||
2 | with the general contractor for construction of the new | ||||||
3 | stadium
facility and any contract for the reconstruction, | ||||||
4 | renovation, remodeling,
adding to, extension or | ||||||
5 | improvement of all or substantially all of an
existing | ||||||
6 | facility shall require the general contractor to meet the | ||||||
7 | foregoing
obligations and shall require monthly reporting | ||||||
8 | to the Authority with
respect to the status of the | ||||||
9 | implementation of the contractor's affirmative
action plan | ||||||
10 | and compliance with that plan. This report shall be filed | ||||||
11 | with
the General Assembly. The Authority shall establish
| ||||||
12 | and maintain an affirmative action program designed to | ||||||
13 | promote equal
employment opportunity which specifies the | ||||||
14 | goals and methods for increasing
participation by | ||||||
15 | minorities and women in a representative mix of job
| ||||||
16 | classifications required to perform the respective | ||||||
17 | contracts. The
Authority shall file a report before March 1 | ||||||
18 | of each year with the General
Assembly detailing its | ||||||
19 | implementation of this paragraph. The terms | ||||||
20 | "minority-owned businesses", "women-owned businesses", and | ||||||
21 | "business owned by a person with a disability" have the | ||||||
22 | meanings given to those terms The terms
"minority business | ||||||
23 | enterprise" and "female business enterprise" shall have
| ||||||
24 | the same meanings as "minority owned business" and "female | ||||||
25 | owned
business", respectively, as defined in the Business | ||||||
26 | Enterprise for Minorities, Women
Females , and Persons with |
| |||||||
| |||||||
1 | Disabilities Act.
| ||||||
2 | (6) Provide for the construction of any new facility | ||||||
3 | pursuant to one
or more contracts which require delivery of | ||||||
4 | a completed facility at a fixed
maximum price to be insured | ||||||
5 | or guaranteed by a third party determined by
the Authority | ||||||
6 | to be financially capable of causing completion of
such | ||||||
7 | construction of the new facility.
| ||||||
8 | In connection with any assistance agreement with a | ||||||
9 | governmental owner that
provides financial assistance for a | ||||||
10 | facility to be used by a National Football
League team, the | ||||||
11 | assistance agreement shall provide that the Authority or
its | ||||||
12 | agent shall enter into the contract or contracts for the design | ||||||
13 | and
construction services or design/build services for such | ||||||
14 | facility and thereafter
transfer its rights and obligations | ||||||
15 | under the contract or contracts to the
governmental
owner of | ||||||
16 | the facility. In seeking parties to provide design and | ||||||
17 | construction
services or design/build services with respect to | ||||||
18 | such facility, the Authority
may use such procurement | ||||||
19 | procedures as it may determine, including, without
limitation, | ||||||
20 | the selection of design professionals and construction | ||||||
21 | managers or
design/builders as may be required by a team that | ||||||
22 | is at risk, in whole or in
part, for the cost of design and | ||||||
23 | construction of the facility.
| ||||||
24 | An assistance agreement may not provide, directly or | ||||||
25 | indirectly, for the
payment to the Chicago Park District of | ||||||
26 | more than a total of $10,000,000 on
account of the District's |
| |||||||
| |||||||
1 | loss of property or revenue in connection with the
renovation | ||||||
2 | of a facility pursuant to the assistance agreement.
| ||||||
3 | (Source: P.A. 91-935, eff. 6-1-01; 92-16, eff. 6-28-01.)
| ||||||
4 | Section 110. The Downstate Illinois Sports Facilities | ||||||
5 | Authority Act is amended by changing Section 40 as follows:
| ||||||
6 | (70 ILCS 3210/40)
| ||||||
7 | Sec. 40. Duties.
| ||||||
8 | (a) In addition to the powers set forth elsewhere in this | ||||||
9 | Act, subject to
the terms of any agreements with the holders of | ||||||
10 | the Authority's evidences of
indebtedness, the Authority shall | ||||||
11 | do the following:
| ||||||
12 | (1) Comply with all zoning, building, and land use | ||||||
13 | controls of the
municipality within which is located any | ||||||
14 | stadium facility owned by the
Authority or for which the | ||||||
15 | Authority provides financial assistance.
| ||||||
16 | (2) Enter into a loan agreement with an owner of a | ||||||
17 | facility to finance the
acquisition, construction, | ||||||
18 | maintenance, or rehabilitation of the facility. The
| ||||||
19 | agreement shall contain appropriate and reasonable | ||||||
20 | provisions with respect to
termination, default, and legal | ||||||
21 | remedies. The loan may be at below-market
interest rates.
| ||||||
22 | (3) Create and maintain a financial reserve for repair | ||||||
23 | and replacement of
capital assets.
| ||||||
24 | (b) In a loan agreement for the construction of a new |
| |||||||
| |||||||
1 | facility, in
connection with prequalification of general | ||||||
2 | contractors for construction of the
facility, the Authority | ||||||
3 | shall require that the owner of the facility require
submission | ||||||
4 | of a commitment detailing how the general contractor will | ||||||
5 | expend 25%
or more of the dollar value of the general contract | ||||||
6 | with one or more minority-owned businesses minority
business | ||||||
7 | enterprises and 5% or more of the dollar value with one or more | ||||||
8 | women-owned businesses female
business enterprises . This | ||||||
9 | commitment may be met by contractor's status as a | ||||||
10 | minority-owned businesses
minority business enterprise or | ||||||
11 | women-owned businesses female business enterprise , by a joint | ||||||
12 | venture,
or by subcontracting a portion of the work with or by | ||||||
13 | purchasing materials for
the work from one or more such | ||||||
14 | businesses enterprises , or by any combination thereof. Any
| ||||||
15 | contract with the general contractor for construction of the | ||||||
16 | new facility shall
require the general contractor to meet the | ||||||
17 | foregoing obligations and shall
require monthly reporting to | ||||||
18 | the Authority with respect to the status of the
implementation | ||||||
19 | of the contractor's affirmative action plan and compliance with
| ||||||
20 | that plan. This report shall be filed with the General | ||||||
21 | Assembly. The Authority
shall require that the facility owner | ||||||
22 | establish and maintain an affirmative
action program designed | ||||||
23 | to promote equal employment opportunity and that
specifies the | ||||||
24 | goals and methods for increasing participation by minorities | ||||||
25 | and
women in a representative mix of job classifications | ||||||
26 | required to perform the
respective contracts. The Authority |
| |||||||
| |||||||
1 | shall file a report before March 1 of each
year with the | ||||||
2 | General Assembly detailing its implementation of this | ||||||
3 | subsection.
The terms " minority-owned businesses minority | ||||||
4 | business enterprise " and " women-owned businesses female | ||||||
5 | business enterprise " have
the meanings provided in the Business | ||||||
6 | Enterprise for Minorities, Women Females , and
Persons with | ||||||
7 | Disabilities Act.
| ||||||
8 | (c) With respect to a facility owned or to be owned by the | ||||||
9 | Authority, enter
or have entered into a management agreement | ||||||
10 | with a tenant of the Authority to
operate the facility that | ||||||
11 | requires the tenant to operate the facility for a
period at | ||||||
12 | least as long as the term of any bonds issued to finance the
| ||||||
13 | development, establishment, construction, erection, | ||||||
14 | acquisition, repair,
reconstruction, remodeling, adding to, | ||||||
15 | extension, improvement, equipping,
operation, and maintenance | ||||||
16 | of the facility. Such agreement shall contain
appropriate and | ||||||
17 | reasonable provisions with respect to termination, default, | ||||||
18 | and
legal remedies.
| ||||||
19 | (Source: P.A. 93-227, eff. 1-1-04.)
| ||||||
20 | Section 115. The Metropolitan Transit Authority Act is | ||||||
21 | amended by changing Section 12c as follows:
| ||||||
22 | (70 ILCS 3605/12c)
| ||||||
23 | Sec. 12c. Retiree Benefits Bonds and Notes. | ||||||
24 | (a) In addition to all other bonds or notes that it is |
| |||||||
| |||||||
1 | authorized to issue, the Authority is authorized to issue its | ||||||
2 | bonds or notes for the purposes of providing funds for the | ||||||
3 | Authority to make the deposits described in Section 12c(b)(1) | ||||||
4 | and (2), for refunding any bonds authorized to be issued under | ||||||
5 | this Section, as well as for the purposes of paying costs of | ||||||
6 | issuance, obtaining bond insurance or other credit enhancement | ||||||
7 | or liquidity facilities, paying costs of obtaining related | ||||||
8 | swaps as authorized in the Bond Authorization Act ("Swaps"), | ||||||
9 | providing a debt service reserve fund, paying Debt Service (as | ||||||
10 | defined in paragraph (i) of this Section 12c), and paying all | ||||||
11 | other costs related to any such bonds or notes. | ||||||
12 | (b)(1) After its receipt of a certified copy of a report of | ||||||
13 | the Auditor General of the State of Illinois meeting the | ||||||
14 | requirements of Section 3-2.3 of the Illinois State Auditing | ||||||
15 | Act, the Authority may issue $1,348,550,000 aggregate original | ||||||
16 | principal amount of bonds and notes. After payment of the costs | ||||||
17 | of issuance and necessary deposits to funds and accounts | ||||||
18 | established with respect to debt service, the net proceeds of | ||||||
19 | such bonds or notes shall be deposited only in the Retirement | ||||||
20 | Plan for Chicago Transit Authority Employees and used only for | ||||||
21 | the purposes required by Section 22-101 of the Illinois Pension | ||||||
22 | Code. Provided that no less than $1,110,500,000 has been | ||||||
23 | deposited in the Retirement Plan, remaining proceeds of bonds | ||||||
24 | issued under this subparagraph (b)(1) may be used to pay costs | ||||||
25 | of issuance and make necessary deposits to funds and accounts | ||||||
26 | with respect to debt service for bonds and notes issued under |
| |||||||
| |||||||
1 | this subparagraph or subparagraph (b)(2). | ||||||
2 | (2) After its receipt of a certified copy of a report of | ||||||
3 | the Auditor General of the State of Illinois meeting the | ||||||
4 | requirements of Section 3-2.3 of the Illinois State Auditing | ||||||
5 | Act, the Authority may issue $639,680,000 aggregate original | ||||||
6 | principal amount of bonds and notes. After payment of the costs | ||||||
7 | of issuance and necessary deposits to funds and accounts | ||||||
8 | established with respect to debt service, the net proceeds of | ||||||
9 | such bonds or notes shall be deposited only in the Retiree | ||||||
10 | Health Care Trust and used only for the purposes required by | ||||||
11 | Section 22-101B of the Illinois Pension Code. Provided that no | ||||||
12 | less than $528,800,000 has been deposited in the Retiree Health | ||||||
13 | Care Trust, remaining proceeds of bonds issued under this | ||||||
14 | subparagraph (b)(2) may be used to pay costs of issuance and | ||||||
15 | make necessary deposits to funds and accounts with respect to | ||||||
16 | debt service for bonds and notes issued under this subparagraph | ||||||
17 | or subparagraph (b)(1).
| ||||||
18 | (3) In addition, refunding bonds are authorized to be | ||||||
19 | issued for the purpose of refunding outstanding bonds or notes | ||||||
20 | issued under this Section 12c. | ||||||
21 | (4) The bonds or notes issued under 12c(b)(1) shall be | ||||||
22 | issued as soon as practicable after the Auditor General issues | ||||||
23 | the report provided in Section 3-2.3(b) of the Illinois State | ||||||
24 | Auditing Act. The bonds or notes issued under 12c(b)(2) shall | ||||||
25 | be issued as soon as practicable after the Auditor General | ||||||
26 | issues the report provided in Section 3-2.3(c) of the Illinois |
| |||||||
| |||||||
1 | State Auditing Act. | ||||||
2 | (5) With respect to bonds and notes issued under | ||||||
3 | subparagraph (b), scheduled aggregate annual payments of | ||||||
4 | interest or deposits into funds and accounts established for | ||||||
5 | the purpose of such payment shall commence within one year | ||||||
6 | after the bonds and notes are issued. With respect to principal | ||||||
7 | and interest, scheduled aggregate annual payments of principal | ||||||
8 | and interest or deposits into funds and accounts established | ||||||
9 | for the purpose of such payment shall be not less than 70% in | ||||||
10 | 2009, 80% in 2010, and 90% in 2011, respectively, of scheduled | ||||||
11 | payments or deposits of principal and interest in 2012 and | ||||||
12 | shall be substantially equal beginning in 2012 and each year | ||||||
13 | thereafter. For purposes of this subparagraph (b), | ||||||
14 | "substantially equal" means that debt service in any full year | ||||||
15 | after calendar year 2011 is not more than 115% of debt service | ||||||
16 | in any other full year after calendar year 2011 during the term | ||||||
17 | of the bonds or notes. For the purposes of this subsection (b), | ||||||
18 | with respect to bonds and notes that bear interest at a | ||||||
19 | variable rate, interest shall be assumed at a rate equal to the | ||||||
20 | rate for United States Treasury Securities - State and Local | ||||||
21 | Government Series for the same maturity, plus 75 basis points. | ||||||
22 | If the Authority enters into a Swap with a counterparty | ||||||
23 | requiring the Authority to pay a fixed interest rate on a | ||||||
24 | notional amount, and the Authority has made a determination | ||||||
25 | that such Swap was entered into for the purpose of providing | ||||||
26 | substitute interest payments for variable interest rate bonds |
| |||||||
| |||||||
1 | or notes of a particular maturity or maturities in a principal | ||||||
2 | amount equal to the notional amount of the Swap, then during | ||||||
3 | the term of the Swap for purposes of any calculation of | ||||||
4 | interest payable on such bonds or notes, the interest rate on | ||||||
5 | the bonds or notes of such maturity or maturities shall be | ||||||
6 | determined as if such bonds or notes bore interest at the fixed | ||||||
7 | interest rate payable by the Authority under such Swap. | ||||||
8 | (6) No bond or note issued under this Section 12c shall | ||||||
9 | mature later than December 31, 2040. | ||||||
10 | (c) The Chicago Transit Board shall provide for the | ||||||
11 | issuance of bonds or notes as authorized in this Section 12c by | ||||||
12 | the adoption of an ordinance. The ordinance, together with the | ||||||
13 | bonds or notes, shall constitute a contract among the | ||||||
14 | Authority, the owners from time to time of the bonds or notes, | ||||||
15 | any bond trustee with respect to the bonds or notes, any | ||||||
16 | related credit enhancer and any provider of any related Swaps. | ||||||
17 | (d) The Authority is authorized to cause the proceeds of | ||||||
18 | the bonds or notes, and any interest or investment earnings on | ||||||
19 | the bonds or notes, and of any Swaps, to be invested until the | ||||||
20 | proceeds and any interest or investment earnings have been | ||||||
21 | deposited with the Retirement Plan or the Retiree Health Care | ||||||
22 | Trust. | ||||||
23 | (e) Bonds or notes issued pursuant to this Section 12c may | ||||||
24 | be general obligations of the Authority, to which shall be | ||||||
25 | pledged the full faith and credit of the Authority, or may be | ||||||
26 | obligations payable solely from particular sources of funds all |
| |||||||
| |||||||
1 | as may be provided in the authorizing ordinance. The | ||||||
2 | authorizing ordinance for the bonds and notes, whether or not | ||||||
3 | general obligations of the Authority, may provide for the Debt | ||||||
4 | Service (as defined in paragraph (i) of this Section 12c) to | ||||||
5 | have a claim for payment from particular sources of funds, | ||||||
6 | including, without limitation, amounts to be paid to the | ||||||
7 | Authority or a bond trustee. The authorizing ordinance may | ||||||
8 | provide for the means by which the bonds or notes (and any | ||||||
9 | related Swaps) may be secured, which may include, a pledge of | ||||||
10 | any revenues or funds of the Authority from whatever source | ||||||
11 | which may by law be utilized for paying Debt Service. In | ||||||
12 | addition to any other security, upon the written approval of | ||||||
13 | the Regional Transportation Authority by the affirmative vote | ||||||
14 | of 12 of its then Directors, the ordinance may provide a | ||||||
15 | specific pledge or assignment of and lien on or security | ||||||
16 | interest in amounts to be paid to the Authority by the Regional | ||||||
17 | Transportation Authority and direct payment thereof to the bond | ||||||
18 | trustee for payment of Debt Service with respect to the bonds | ||||||
19 | or notes, subject to the provisions of existing lease | ||||||
20 | agreements of the Authority with any public building | ||||||
21 | commission. The authorizing ordinance may also provide a | ||||||
22 | specific pledge or assignment of and lien on or security | ||||||
23 | interest in and direct payment to the trustee of all or a | ||||||
24 | portion of the moneys otherwise payable to the Authority from | ||||||
25 | the City of Chicago pursuant to an intergovernmental agreement | ||||||
26 | with the Authority to provide financial assistance to the |
| |||||||
| |||||||
1 | Authority.
Any such pledge, assignment, lien or security | ||||||
2 | interest for the benefit of owners of bonds or notes shall be | ||||||
3 | valid and binding from the time the bonds or notes are issued, | ||||||
4 | without any physical delivery or further act, and shall be | ||||||
5 | valid and binding as against and prior to the claims of all | ||||||
6 | other parties having claims of any kind against the Authority | ||||||
7 | or any other person, irrespective of whether such other parties | ||||||
8 | have notice of such pledge, assignment, lien or security | ||||||
9 | interest, all as provided in the Local Government Debt Reform | ||||||
10 | Act, as it may be amended from time to time. The bonds or notes | ||||||
11 | of the Authority issued pursuant to this Section 12c shall have | ||||||
12 | such priority of payment and as to their claim for payment from | ||||||
13 | particular sources of funds, including their priority with | ||||||
14 | respect to obligations of the Authority issued under other | ||||||
15 | Sections of this Act, all as shall be provided in the | ||||||
16 | ordinances authorizing the issuance of the bonds or notes. The | ||||||
17 | ordinance authorizing the issuance of any bonds or notes under | ||||||
18 | this Section may provide for the creation of, deposits in, and | ||||||
19 | regulation and disposition of sinking fund or reserve accounts | ||||||
20 | relating to those bonds or notes and related agreements. The | ||||||
21 | ordinance authorizing the issuance of any such bonds or notes | ||||||
22 | authorized under this Section 12c may contain provisions for | ||||||
23 | the creation of a separate fund to provide for the payment of | ||||||
24 | principal of and interest on those bonds or notes and related | ||||||
25 | agreements. The ordinance may also provide limitations on the | ||||||
26 | issuance of additional bonds or notes of the Authority. |
| |||||||
| |||||||
1 | (f) Bonds or notes issued under this Section 12c shall not | ||||||
2 | constitute an indebtedness of the Regional Transportation | ||||||
3 | Authority, the State of Illinois, or of any other political | ||||||
4 | subdivision of or municipality within the State, except the | ||||||
5 | Authority. | ||||||
6 | (g) The ordinance of the Chicago Transit Board authorizing | ||||||
7 | the issuance of bonds or notes pursuant to this Section 12c may | ||||||
8 | provide for the appointment of a corporate trustee (which may | ||||||
9 | be any trust company or bank having the powers of a trust | ||||||
10 | company within Illinois) with respect to bonds or notes issued | ||||||
11 | pursuant to this Section 12c. The ordinance shall prescribe the | ||||||
12 | rights, duties, and powers of the trustee to be exercised for | ||||||
13 | the benefit of the Authority and the protection of the owners | ||||||
14 | of bonds or notes issued pursuant to this Section 12c. The | ||||||
15 | ordinance may provide for the trustee to hold in trust, invest | ||||||
16 | and use amounts in funds and accounts created as provided by | ||||||
17 | the ordinance with respect to the bonds or notes in accordance | ||||||
18 | with this Section 12c. The Authority may apply, as it shall | ||||||
19 | determine, any amounts received upon the sale of the bonds or | ||||||
20 | notes to pay any Debt Service on the bonds or notes. The | ||||||
21 | ordinance may provide for a trust indenture to set forth terms | ||||||
22 | of, sources of payment for and security for the bonds and | ||||||
23 | notes. | ||||||
24 | (h) The State of Illinois pledges to and agrees with the | ||||||
25 | owners of the bonds or notes issued pursuant to Section 12c | ||||||
26 | that the State of Illinois will not limit the powers vested in |
| |||||||
| |||||||
1 | the Authority by this Act to pledge and assign its revenues and | ||||||
2 | funds as security for the payment of the bonds or notes, or | ||||||
3 | vested in the Regional Transportation Authority by the Regional | ||||||
4 | Transportation Authority Act or this Act, so as to materially | ||||||
5 | impair the payment obligations of the Authority under the terms | ||||||
6 | of any contract made by the Authority with those owners or to | ||||||
7 | materially impair the rights and remedies of those owners until | ||||||
8 | those bonds or notes, together with interest and any redemption | ||||||
9 | premium, and all costs and expenses in connection with any | ||||||
10 | action or proceedings by or on behalf of such owners are fully | ||||||
11 | met and discharged. The Authority is authorized to include | ||||||
12 | these pledges and agreements of the State of Illinois in any | ||||||
13 | contract with owners of bonds or notes issued pursuant to this | ||||||
14 | Section 12c. | ||||||
15 | (i) For purposes of this Section, "Debt Service" with | ||||||
16 | respect to bonds or notes includes, without limitation, | ||||||
17 | principal (at maturity or upon mandatory redemption), | ||||||
18 | redemption premium, interest, periodic, upfront, and | ||||||
19 | termination payments on Swaps, fees for bond insurance or other | ||||||
20 | credit enhancement, liquidity facilities, the funding of bond | ||||||
21 | or note reserves, bond trustee fees, and all other costs of | ||||||
22 | providing for the security or payment of the bonds or notes. | ||||||
23 | (j) The Authority shall adopt a procurement program with | ||||||
24 | respect to contracts relating to the following service | ||||||
25 | providers in connection with the issuance of debt for the | ||||||
26 | benefit of the Retirement Plan for Chicago Transit Authority |
| |||||||
| |||||||
1 | Employees: underwriters, bond counsel, financial advisors, and | ||||||
2 | accountants. The program shall include goals for the payment of | ||||||
3 | not less than 30% of the total dollar value of the fees from | ||||||
4 | these contracts to minority-owned minority owned businesses | ||||||
5 | and women-owned female owned businesses as defined in the | ||||||
6 | Business Enterprise for Minorities, Women Females , and Persons | ||||||
7 | with Disabilities Act. The Authority shall conduct outreach to | ||||||
8 | minority-owned minority owned businesses and women-owned | ||||||
9 | female owned businesses. Outreach shall include, but is not | ||||||
10 | limited to, advertisements in periodicals and newspapers, | ||||||
11 | mailings, and other appropriate media. The Authority shall | ||||||
12 | submit to the General Assembly a comprehensive report that | ||||||
13 | shall include, at a minimum, the details of the procurement | ||||||
14 | plan, outreach efforts, and the results of the efforts to | ||||||
15 | achieve goals for the payment of fees. The service providers | ||||||
16 | selected by the Authority pursuant to such program shall not be | ||||||
17 | subject to approval by the Regional Transportation Authority, | ||||||
18 | and the Regional Transportation Authority's approval pursuant | ||||||
19 | to subsection (e) of this Section 12c related to the issuance | ||||||
20 | of debt shall not be based in any way on the service providers | ||||||
21 | selected by the Authority pursuant to this Section. | ||||||
22 | (k) No person holding an elective office in this State, | ||||||
23 | holding a seat in the General Assembly, serving as a director, | ||||||
24 | trustee, officer, or employee of the Regional Transportation | ||||||
25 | Authority or the Chicago Transit Authority, including the | ||||||
26 | spouse or minor child of that person, may receive a legal, |
| |||||||
| |||||||
1 | banking, consulting, or other fee related to the issuance of | ||||||
2 | any bond issued by the Chicago Transit Authority pursuant to | ||||||
3 | this Section.
| ||||||
4 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
5 | Section 120. The School Code is amended by changing Section | ||||||
6 | 10-20.44 as follows:
| ||||||
7 | (105 ILCS 5/10-20.44) | ||||||
8 | Sec. 10-20.44. Report on contracts. | ||||||
9 | (a) This Section applies to all school districts, including | ||||||
10 | a school district organized under Article 34 of this Code. | ||||||
11 | (b) A school board must
list on the district's Internet | ||||||
12 | website, if any, all contracts
over $25,000 and any contract | ||||||
13 | that the school board enters into
with an exclusive bargaining | ||||||
14 | representative. | ||||||
15 | (c) Each year, in conjunction with the submission of the | ||||||
16 | Statement of Affairs to the State Board of Education prior to | ||||||
17 | December 1, provided for in Section 10-17, each school district | ||||||
18 | shall submit to the State Board of Education an annual report | ||||||
19 | on all contracts over $25,000 awarded by the school district | ||||||
20 | during the previous fiscal year. The report shall include at | ||||||
21 | least the following: | ||||||
22 | (1) the total number of all contracts awarded by the | ||||||
23 | school district; | ||||||
24 | (2) the total value of all contracts awarded; |
| |||||||
| |||||||
1 | (3) the number of contracts awarded to minority-owned | ||||||
2 | minority owned businesses, women-owned female owned | ||||||
3 | businesses, and businesses owned by persons with | ||||||
4 | disabilities, as defined in the Business Enterprise for | ||||||
5 | Minorities, Women, Females and Persons with Disabilities | ||||||
6 | Act, and locally owned businesses; and | ||||||
7 | (4) the total value of contracts awarded to | ||||||
8 | minority-owned minority owned businesses, women-owned | ||||||
9 | female owned businesses, and businesses owned by persons | ||||||
10 | with disabilities, as defined in the Business Enterprise | ||||||
11 | for Minorities, Women, Females and Persons with | ||||||
12 | Disabilities Act, and locally owned businesses. | ||||||
13 | The report shall be made available to the public, including | ||||||
14 | publication on the school district's Internet website, if any.
| ||||||
15 | (Source: P.A. 95-707, eff. 1-11-08; 96-328, eff. 8-11-09.)
| ||||||
16 | Section 125. The Public University Energy Conservation Act | ||||||
17 | is amended by changing Sections 3 and 5-10 as follows:
| ||||||
18 | (110 ILCS 62/3)
| ||||||
19 | Sec. 3. Applicable laws. Other State laws and related | ||||||
20 | administrative requirements apply to this Act, including, but | ||||||
21 | not limited to, the following laws and related administrative | ||||||
22 | requirements: the Illinois Human Rights Act, the Prevailing | ||||||
23 | Wage Act, the Public Construction Bond Act, the Public Works | ||||||
24 | Preference Act (repealed on June 16, 2010 by Public Act |
| |||||||
| |||||||
1 | 96-929), the Employment of Illinois Workers on Public Works | ||||||
2 | Act, the Freedom of Information Act, the Open Meetings Act, the | ||||||
3 | Illinois Architecture Practice Act of 1989, the Professional | ||||||
4 | Engineering Practice Act of 1989, the Structural Engineering | ||||||
5 | Practice Act of 1989, the Architectural, Engineering, and Land | ||||||
6 | Surveying Qualifications Based Selection Act, the Public | ||||||
7 | Contract Fraud Act, the Business Enterprise for Minorities, | ||||||
8 | Women Females , and Persons with Disabilities Act, and the | ||||||
9 | Public Works Employment Discrimination Act.
| ||||||
10 | (Source: P.A. 97-333, eff. 8-12-11.)
| ||||||
11 | (110 ILCS 62/5-10)
| ||||||
12 | Sec. 5-10. Energy conservation measure. | ||||||
13 | (a) "Energy conservation
measure" means any improvement, | ||||||
14 | repair, alteration, or betterment of any
building or facility, | ||||||
15 | subject to all applicable building codes, owned or operated by | ||||||
16 | a public university or any
equipment, fixture, or furnishing to | ||||||
17 | be added to or used in any
such building or facility
that is | ||||||
18 | designed to reduce
energy consumption or operating costs, and | ||||||
19 | may include, without limitation,
one or more of the following:
| ||||||
20 | (1) Insulation of the building structure or systems | ||||||
21 | within the building.
| ||||||
22 | (2) Storm windows or doors, caulking or | ||||||
23 | weatherstripping, multiglazed
windows or doors, heat | ||||||
24 | absorbing or heat reflective glazed and coated
window or | ||||||
25 | door systems, additional glazing, reductions in glass |
| |||||||
| |||||||
1 | area, or
other window and door system modifications that | ||||||
2 | reduce energy consumption.
| ||||||
3 | (3) Automated or computerized energy control systems.
| ||||||
4 | (4) Heating, ventilating, or air conditioning system | ||||||
5 | modifications or
replacements.
| ||||||
6 | (5) Replacement or modification of lighting fixtures | ||||||
7 | to increase the
energy efficiency of the lighting system | ||||||
8 | without increasing the overall
illumination of a facility, | ||||||
9 | unless an increase in illumination is necessary
to conform | ||||||
10 | to the applicable State or local building code for the | ||||||
11 | lighting
system after the proposed modifications are made.
| ||||||
12 | (6) Energy recovery systems.
| ||||||
13 | (7) Energy conservation measures that provide | ||||||
14 | long-term operating cost
reductions.
| ||||||
15 | (b) From the effective date of this amendatory Act of the | ||||||
16 | 96th General Assembly until January 1, 2015, "energy | ||||||
17 | conservation measure" includes a renewable energy center pilot | ||||||
18 | project at Eastern Illinois University, provided that: | ||||||
19 | (1) the University signs a partnership contract with a | ||||||
20 | qualified energy conservation measure provider as provided | ||||||
21 | in this Act; | ||||||
22 | (2) the University has responsibility for the | ||||||
23 | qualified provider's actions with regard to applicable | ||||||
24 | laws; | ||||||
25 | (3) the University obtains a performance bond in
| ||||||
26 | accordance with this Act; |
| |||||||
| |||||||
1 | (4) the University and the qualified provider follow | ||||||
2 | all aspects of the Prevailing Wage Act as provided by this | ||||||
3 | Act; | ||||||
4 | (5) the University and the qualified provider use an | ||||||
5 | approved list of firms from the Capital Development Board | ||||||
6 | (CDB), unless the University requires services that are not | ||||||
7 | typically performed by the firms on CDB's list; | ||||||
8 | (6) the University provides monthly progress reports | ||||||
9 | to the Procurement Policy Board, and the University allows | ||||||
10 | a representative from CDB to monitor the project, provided | ||||||
11 | that such involvement is at no cost to the University; | ||||||
12 | (7) the University requires the qualified provider to | ||||||
13 | follow the provisions of the Business Enterprise for | ||||||
14 | Minorities, Women Females , and Persons with Disabilities | ||||||
15 | Act and the Public Works Employment Discrimination Act as | ||||||
16 | provided in this Act; | ||||||
17 | (8) the University agrees to award new building | ||||||
18 | construction work to a responsible bidder, as defined in | ||||||
19 | Section 30-22 of the Illinois Procurement Code; | ||||||
20 | (9) the University includes in its contract with the | ||||||
21 | qualified provider a requirement that the qualified | ||||||
22 | provider name the sub-contractors that it will use, and the | ||||||
23 | qualified provider may not change these without the | ||||||
24 | University's written approval; | ||||||
25 | (10) the University follows, to the extent possible, | ||||||
26 | the Design-Build Procurement Act for construction of the |
| |||||||
| |||||||
1 | project, taking into consideration the current status of | ||||||
2 | the project; for purposes of this Act, the definition of | ||||||
3 | "State construction agency" in the Design-Build | ||||||
4 | Procurement Act means Eastern Illinois University for the | ||||||
5 | purpose of this project; | ||||||
6 | (11) the University follows, to the extent possible, | ||||||
7 | the Architectural, Engineering, and Land Surveying | ||||||
8 | Qualifications Based Selection Act; | ||||||
9 | (12) the University requires all engineering, | ||||||
10 | architecture, and design work related to the installation | ||||||
11 | or modification of facilities be performed by design | ||||||
12 | professionals licensed by the State of Illinois and | ||||||
13 | professional design firms registered in the State of | ||||||
14 | Illinois; and | ||||||
15 | (13) the University produces annual reports and a final | ||||||
16 | report describing the project upon completion and files the | ||||||
17 | reports with the Procurement Policy Board, CDB, and the | ||||||
18 | General Assembly. | ||||||
19 | The provisions of this subsection (b), other than this | ||||||
20 | sentence, are inoperative after January 1, 2015. | ||||||
21 | (Source: P.A. 96-16, eff. 6-22-09.)
| ||||||
22 | (110 ILCS 320/1.1 rep.) | ||||||
23 | Section 130. The University of Illinois at Chicago Act is | ||||||
24 | amended by repealing Section 1.1.
|
| |||||||
| |||||||
1 | Section 135. The Illinois State University Law is amended | ||||||
2 | by changing Section 20-115 as follows:
| ||||||
3 | (110 ILCS 675/20-115)
| ||||||
4 | Sec. 20-115. Illinois Institute for Entrepreneurship | ||||||
5 | Education.
| ||||||
6 | (a) There is created, effective July 1, 1997, within the | ||||||
7 | State
at Illinois State University, the Illinois Institute for | ||||||
8 | Entrepreneurship
Education, hereinafter referred to as the | ||||||
9 | Institute.
| ||||||
10 | (b) The Institute created under this Section shall commence | ||||||
11 | its operations
on July 1, 1997 and shall have a board composed | ||||||
12 | of 15 members
representative of education, commerce and | ||||||
13 | industry, government, or labor,
appointed as follows:
2 members | ||||||
14 | shall be
appointees of the Governor, one of whom shall be a | ||||||
15 | minority or woman female person
as defined in Section 2 of the | ||||||
16 | Business Enterprise for Minorities, Women Females , and
Persons | ||||||
17 | with Disabilities Act; one member
shall be an appointee of the | ||||||
18 | President of the Senate; one member shall be
an appointee of | ||||||
19 | the Minority Leader of the Senate; one member shall be an
| ||||||
20 | appointee of the Speaker of the House of Representatives; one | ||||||
21 | member shall
be an appointee of the Minority Leader of the | ||||||
22 | House of Representatives;
2 members shall be appointees of | ||||||
23 | Illinois State University;
one member
shall be an appointee of | ||||||
24 | the Board of Higher Education;
one member shall be an appointee | ||||||
25 | of the State Board of Education;
one member shall be
an |
| |||||||
| |||||||
1 | appointee of the Department of Commerce and Economic | ||||||
2 | Opportunity; one
member
shall be an appointee of the Illinois | ||||||
3 | chapter of Economics America; and 3
members shall be appointed | ||||||
4 | by majority vote of the other 12 appointed members
to
represent | ||||||
5 | business owner-entrepreneurs.
Each member shall have
expertise | ||||||
6 | and experience in the area of entrepreneurship education,
| ||||||
7 | including small business and entrepreneurship. The majority of | ||||||
8 | voting
members must be from the private sector.
The members | ||||||
9 | initially appointed to the board of the Institute created under
| ||||||
10 | this Section shall be appointed to take office on July 1, 1997 | ||||||
11 | and shall by lot
determine the length of their respective terms | ||||||
12 | as follows: 5 members shall be
selected by lot to serve terms | ||||||
13 | of one year, 5 members shall be selected by lot
to serve terms | ||||||
14 | of 2 years, and 5 members shall be selected by lot to serve
| ||||||
15 | terms of 3 years.
Subsequent appointees shall each serve terms | ||||||
16 | of 3 years.
The board shall annually select a
chairperson from | ||||||
17 | among its members. Each board member shall serve without
| ||||||
18 | compensation but shall be reimbursed for expenses incurred in | ||||||
19 | the
performance of his or her duties.
| ||||||
20 | (c) The purpose of the Institute shall be to foster the | ||||||
21 | growth and
development of entrepreneurship education in the | ||||||
22 | State of Illinois. The
Institute shall help remedy the | ||||||
23 | deficiencies in the preparation of
entrepreneurship education | ||||||
24 | teachers, increase the quality and quantity of
| ||||||
25 | entrepreneurship education programs, improve instructional | ||||||
26 | materials, and
prepare personnel to serve as leaders and |
| |||||||
| |||||||
1 | consultants in the field of
entrepreneurship education and | ||||||
2 | economic development. The Institute shall
promote | ||||||
3 | entrepreneurship as a career option, promote and support the
| ||||||
4 | development of innovative entrepreneurship education materials | ||||||
5 | and delivery
systems, promote business, industry, and | ||||||
6 | education partnerships, promote
collaboration and involvement | ||||||
7 | in entrepreneurship education programs,
encourage and support | ||||||
8 | in-service and preservice teacher education programs
within | ||||||
9 | various
educational systems, and develop and distribute | ||||||
10 | relevant materials. The
Institute shall provide a framework | ||||||
11 | under which the public and private
sectors may work together | ||||||
12 | toward entrepreneurship education goals. These
goals shall be | ||||||
13 | achieved by bringing together programs that have an impact on
| ||||||
14 | entrepreneurship education to achieve coordination among | ||||||
15 | agencies and
greater efficiency in the expenditure of funds.
| ||||||
16 | (d) Beginning July 1, 1997, the Institute shall have the | ||||||
17 | following powers
subject to
State and Illinois State University | ||||||
18 | Board of Trustees regulations and
guidelines:
| ||||||
19 | (1) To employ and determine the compensation of an | ||||||
20 | executive director
and such staff as it deems necessary;
| ||||||
21 | (2) To own property and expend and receive funds and | ||||||
22 | generate funds;
| ||||||
23 | (3) To enter into agreements with public and private | ||||||
24 | entities in the
furtherance of its purpose; and
| ||||||
25 | (4) To request and receive the cooperation and | ||||||
26 | assistance of all State
departments and agencies in the |
| |||||||
| |||||||
1 | furtherance of its purpose.
| ||||||
2 | (e) The board of the Institute shall be a policy making | ||||||
3 | body with
the responsibility for planning and developing | ||||||
4 | Institute programs.
The Institute,
through the
Board of | ||||||
5 | Trustees of Illinois State University, shall annually report to
| ||||||
6 | the Governor and General Assembly by January 31 as to
its | ||||||
7 | activities and operations, including its findings and | ||||||
8 | recommendations.
| ||||||
9 | (f) Beginning on July 1, 1997, the Institute created under | ||||||
10 | this Section
shall be deemed designated by law as the successor | ||||||
11 | to the Illinois Institute
for Entrepreneurship Education, | ||||||
12 | previously created and existing under
Section 2-11.5 of the | ||||||
13 | Public Community College Act until its abolition on July
1,
| ||||||
14 | 1997 as provided in that Section. On July 1, 1997, all | ||||||
15 | financial and other
records of the Institute so abolished and | ||||||
16 | all of its property, whether real or
personal, including but | ||||||
17 | not limited to all inventory and equipment, shall be
deemed | ||||||
18 | transferred by operation of law to the Illinois Institute for
| ||||||
19 | Entrepreneurship Education created under this Section 20-115. | ||||||
20 | The Illinois
Institute for Entrepreneurship Education created | ||||||
21 | under this Section 20-115
shall have, with respect to the | ||||||
22 | predecessor Institute so abolished, all
authority, powers, and | ||||||
23 | duties of a successor agency under Section 10-15 of the
| ||||||
24 | Successor Agency Act.
| ||||||
25 | (Source: P.A. 94-793, eff. 5-19-06.)
|
| |||||||
| |||||||
1 | Section 140. The Public Utilities Act is amended by | ||||||
2 | changing Section 9-220 as follows:
| ||||||
3 | (220 ILCS 5/9-220) (from Ch. 111 2/3, par. 9-220)
| ||||||
4 | Sec. 9-220. Rate changes based on changes in fuel costs. | ||||||
5 | (a) Notwithstanding the provisions of Section 9-201, the
| ||||||
6 | Commission may authorize the increase or decrease of rates and | ||||||
7 | charges
based upon changes in the cost of fuel used in the | ||||||
8 | generation or production
of electric power, changes in the cost | ||||||
9 | of purchased power, or changes in
the cost of purchased gas | ||||||
10 | through the application of fuel adjustment
clauses or purchased | ||||||
11 | gas adjustment clauses. The Commission may also
authorize the | ||||||
12 | increase or decrease of rates and charges based upon | ||||||
13 | expenditures
or revenues resulting from the purchase or sale of | ||||||
14 | emission allowances created
under the federal Clean Air Act | ||||||
15 | Amendments of 1990,
through such fuel adjustment clauses, as a | ||||||
16 | cost of fuel. For the purposes of
this paragraph, cost of fuel | ||||||
17 | used in the generation or production of electric
power shall | ||||||
18 | include the amount of any fees paid by the utility for the
| ||||||
19 | implementation and operation of a process for the | ||||||
20 | desulfurization of the
flue gas when burning high sulfur coal | ||||||
21 | at any location within the State of
Illinois irrespective of | ||||||
22 | the attainment status designation of such
location; but shall | ||||||
23 | not include transportation costs
of coal
(i) except to the | ||||||
24 | extent that for contracts entered into on
and after the | ||||||
25 | effective date of this amendatory Act of 1997,
the cost of the |
| |||||||
| |||||||
1 | coal, including transportation costs,
constitutes the lowest | ||||||
2 | cost for adequate and reliable fuel
supply reasonably available | ||||||
3 | to the public utility in
comparison to the cost, including | ||||||
4 | transportation costs, of
other adequate and reliable sources of | ||||||
5 | fuel supply reasonably
available to the public utility, or (ii)
| ||||||
6 | except as otherwise provided in the next 3 sentences of this | ||||||
7 | paragraph.
Such costs of fuel
shall, when requested by a | ||||||
8 | utility or at the conclusion of the utility's
next general | ||||||
9 | electric rate proceeding, whichever shall first occur, include
| ||||||
10 | transportation costs of coal purchased under existing coal | ||||||
11 | purchase
contracts. For purposes of this paragraph "existing | ||||||
12 | coal purchase
contracts" means contracts for the purchase of | ||||||
13 | coal in effect on the
effective date of this amendatory Act of | ||||||
14 | 1991, as such contracts may
thereafter be amended, but only to | ||||||
15 | the extent that any such amendment does
not increase the | ||||||
16 | aggregate quantity of coal to be purchased under such
contract.
| ||||||
17 | Nothing herein shall authorize an electric utility
to recover | ||||||
18 | through its fuel adjustment clause any amounts of
| ||||||
19 | transportation costs of coal that were included in the revenue
| ||||||
20 | requirement used to set base rates in its most recent general
| ||||||
21 | rate proceeding.
Cost shall be based upon uniformly applied | ||||||
22 | accounting
principles. Annually, the Commission shall initiate | ||||||
23 | public hearings to
determine whether the clauses reflect actual | ||||||
24 | costs of fuel, gas, power, or
coal transportation purchased to | ||||||
25 | determine whether such purchases were
prudent, and to reconcile | ||||||
26 | any amounts collected with the actual costs of
fuel, power, |
| |||||||
| |||||||
1 | gas, or coal transportation prudently purchased. In each such
| ||||||
2 | proceeding, the burden of proof shall be upon the utility to | ||||||
3 | establish the
prudence of its cost of fuel, power, gas, or coal
| ||||||
4 | transportation purchases
and costs.
The Commission shall
issue | ||||||
5 | its final order in each such annual proceeding for an
electric | ||||||
6 | utility by December 31 of the year immediately
following the | ||||||
7 | year to which the proceeding pertains, provided,
that the | ||||||
8 | Commission shall issue its final order with respect
to such | ||||||
9 | annual proceeding for the years 1996 and earlier by December | ||||||
10 | 31, 1998. | ||||||
11 | (b) A public utility providing electric service, other than | ||||||
12 | a public utility
described in subsections (e) or (f) of this | ||||||
13 | Section, may at
any time during the mandatory transition period | ||||||
14 | file with the
Commission proposed tariff sheets that eliminate | ||||||
15 | the public
utility's fuel adjustment clause and adjust the | ||||||
16 | public
utility's base rate tariffs by the amount necessary for | ||||||
17 | the
base fuel component of the base rates to recover the public
| ||||||
18 | utility's average fuel and power supply costs per kilowatt-hour | ||||||
19 | for the 2
most recent years for which the Commission
has issued | ||||||
20 | final orders in annual proceedings pursuant to
subsection (a), | ||||||
21 | where the average fuel and power supply costs
per kilowatt-hour | ||||||
22 | shall be calculated as the sum of the public
utility's prudent | ||||||
23 | and allowable fuel and power supply costs as
found by the | ||||||
24 | Commission in the 2 proceedings divided by the
public utility's | ||||||
25 | actual jurisdictional kilowatt-hour sales for
those 2 years. | ||||||
26 | Notwithstanding any contrary or inconsistent
provisions in |
| |||||||
| |||||||
1 | Section 9-201 of this Act, in subsection (a) of
this Section or | ||||||
2 | in any rules or regulations promulgated by the
Commission | ||||||
3 | pursuant to subsection (g) of this Section, the
Commission | ||||||
4 | shall review and shall by order approve, or approve
as | ||||||
5 | modified, the proposed tariff sheets within 60 days after
the | ||||||
6 | date of the public utility's filing. The Commission may
modify | ||||||
7 | the public utility's proposed tariff sheets only to the
extent | ||||||
8 | the Commission finds necessary to achieve conformance
to the | ||||||
9 | requirements of this subsection (b). During the 5
years | ||||||
10 | following the date of the Commission's order, but in any
event | ||||||
11 | no earlier than January 1, 2007, a public utility whose
fuel | ||||||
12 | adjustment clause has been eliminated pursuant to this
| ||||||
13 | subsection shall not file proposed tariff sheets seeking, or
| ||||||
14 | otherwise petition the Commission for, reinstatement of a fuel
| ||||||
15 | adjustment clause. | ||||||
16 | (c) Notwithstanding any contrary or inconsistent
| ||||||
17 | provisions in Section 9-201 of this Act, in subsection (a) of
| ||||||
18 | this Section or in any rules or regulations promulgated by the
| ||||||
19 | Commission pursuant to subsection (g) of this Section, a
public | ||||||
20 | utility providing electric service, other than a public utility
| ||||||
21 | described
in subsection (e) or (f) of this Section, may at any | ||||||
22 | time
during the mandatory transition period file with the
| ||||||
23 | Commission proposed tariff sheets that establish the rate per
| ||||||
24 | kilowatt-hour to be applied pursuant to the public utility's
| ||||||
25 | fuel adjustment clause at the average value for such rate
| ||||||
26 | during the preceding 24 months, provided that such average
rate |
| |||||||
| |||||||
1 | results in a credit to customers' bills, without making
any | ||||||
2 | revisions to the public utility's base rate tariffs. The
| ||||||
3 | proposed tariff sheets shall establish the fuel adjustment
rate | ||||||
4 | for a specific time period of at least 3 years but not
more | ||||||
5 | than 5 years, provided that the terms and conditions for
any | ||||||
6 | reinstatement earlier than 5 years shall be set forth in
the | ||||||
7 | proposed tariff sheets and subject to modification or
approval | ||||||
8 | by the Commission. The Commission shall review and
shall by | ||||||
9 | order approve the proposed tariff sheets if it finds
that the | ||||||
10 | requirements of this subsection are met. The
Commission shall | ||||||
11 | not conduct the annual hearings specified in the
last 3 | ||||||
12 | sentences of subsection (a) of this Section for the
utility for | ||||||
13 | the period that the factor established pursuant to
this | ||||||
14 | subsection is in effect. | ||||||
15 | (d) A public utility providing electric service, or a | ||||||
16 | public utility
providing gas service
may file with the | ||||||
17 | Commission proposed tariff sheets that
eliminate the public | ||||||
18 | utility's fuel or purchased gas
adjustment clause and adjust | ||||||
19 | the public utility's base rate
tariffs to provide for recovery | ||||||
20 | of power supply costs or gas
supply costs that would have been | ||||||
21 | recovered through such
clause; provided, that the provisions of | ||||||
22 | this subsection (d) shall not be
available to a public utility | ||||||
23 | described in subsections (e) or (f) of this
Section to | ||||||
24 | eliminate its fuel adjustment clause. Notwithstanding any | ||||||
25 | contrary
or inconsistent
provisions in Section 9-201 of this | ||||||
26 | Act, in subsection (a) of
this Section, or in any rules or |
| |||||||
| |||||||
1 | regulations promulgated by
the Commission pursuant to | ||||||
2 | subsection (g) of this Section, the
Commission shall review and | ||||||
3 | shall by order approve, or approve
as modified in the | ||||||
4 | Commission's order, the proposed tariff
sheets within 240 days | ||||||
5 | after the date of the public utility's
filing. The Commission's | ||||||
6 | order shall approve rates and
charges that the Commission, | ||||||
7 | based on information in the
public utility's filing or on the | ||||||
8 | record if a hearing is held
by the Commission, finds will | ||||||
9 | recover the reasonable, prudent
and necessary jurisdictional | ||||||
10 | power supply costs or gas supply
costs incurred or to be | ||||||
11 | incurred by the public utility during
a 12 month period found | ||||||
12 | by the Commission to be appropriate
for these purposes, | ||||||
13 | provided, that such period shall be either
(i) a 12 month | ||||||
14 | historical period occurring during the 15
months ending on the | ||||||
15 | date of the public utility's filing, or
(ii) a 12 month future | ||||||
16 | period ending no later than 15 months
following the date of the | ||||||
17 | public utility's filing. The public
utility shall include with | ||||||
18 | its tariff filing information
showing both (1) its actual | ||||||
19 | jurisdictional power supply costs
or gas supply costs for a 12 | ||||||
20 | month historical period
conforming to (i) above and (2) its | ||||||
21 | projected jurisdictional
power supply costs or gas supply costs | ||||||
22 | for a future 12 month
period conforming to (ii) above. If the | ||||||
23 | Commission's order
requires modifications in the tariff sheets | ||||||
24 | filed by the
public utility, the public utility shall have 7 | ||||||
25 | days following
the date of the order to notify the Commission | ||||||
26 | whether the
public utility will implement the modified tariffs |
| |||||||
| |||||||
1 | or elect to
continue its fuel or purchased gas adjustment | ||||||
2 | clause in force
as though no order had been entered. The | ||||||
3 | Commission's order
shall provide for any reconciliation of | ||||||
4 | power supply costs or
gas supply costs, as the case may be, and | ||||||
5 | associated revenues
through the date that the public utility's | ||||||
6 | fuel or purchased
gas adjustment clause is eliminated. During | ||||||
7 | the 5 years
following the date of the Commission's order, a | ||||||
8 | public utility
whose fuel or purchased gas adjustment clause | ||||||
9 | has been
eliminated pursuant to this subsection shall not file | ||||||
10 | proposed
tariff sheets seeking, or otherwise petition the | ||||||
11 | Commission
for, reinstatement or adoption of a fuel or | ||||||
12 | purchased gas
adjustment clause. Nothing in this subsection (d) | ||||||
13 | shall be
construed as limiting the Commission's authority to | ||||||
14 | eliminate
a public utility's fuel adjustment clause or | ||||||
15 | purchased gas
adjustment clause in accordance with any other | ||||||
16 | applicable
provisions of this Act. | ||||||
17 | (e) Notwithstanding any contrary or inconsistent | ||||||
18 | provisions in
Section 9-201 of this Act, in subsection (a) of | ||||||
19 | this Section, or in
any rules promulgated by the Commission | ||||||
20 | pursuant
to subsection (g) of this Section, a public utility | ||||||
21 | providing
electric service to more than 1,000,000 customers in | ||||||
22 | this State may, within the
first 6 months after the
effective | ||||||
23 | date of this amendatory Act of 1997, file with the
Commission | ||||||
24 | proposed tariff sheets that eliminate, effective
January 1, | ||||||
25 | 1997, the public utility's fuel adjustment clause
without | ||||||
26 | adjusting its base rates, and such tariff sheets shall be
|
| |||||||
| |||||||
1 | effective upon filing. To the extent the application of the | ||||||
2 | fuel
adjustment clause had resulted in net charges to customers | ||||||
3 | after
January 1, 1997, the utility shall also file a tariff | ||||||
4 | sheet that
provides for a refund stated on a per kilowatt-hour | ||||||
5 | basis of such
charges over a period not to exceed 6 months; | ||||||
6 | provided
however, that such refund shall not include the | ||||||
7 | proportional
amounts of taxes paid under the Use Tax Act, | ||||||
8 | Service Use Tax Act,
Service Occupation Tax Act, and Retailers' | ||||||
9 | Occupation Tax Act on
fuel used in generation. The Commission | ||||||
10 | shall issue an order
within 45 days after the date of the | ||||||
11 | public utility's filing
approving or approving as modified such | ||||||
12 | tariff sheet. If the fuel
adjustment clause is eliminated | ||||||
13 | pursuant to this subsection, the
Commission shall not conduct | ||||||
14 | the annual hearings specified in the
last 3 sentences of | ||||||
15 | subsection (a) of this Section for the
utility for any period | ||||||
16 | after December 31, 1996 and prior to any
reinstatement of such | ||||||
17 | clause. A public utility whose fuel
adjustment clause has been | ||||||
18 | eliminated pursuant to this subsection
shall not file a | ||||||
19 | proposed tariff sheet seeking, or otherwise
petition the | ||||||
20 | Commission for, reinstatement of the fuel adjustment
clause | ||||||
21 | prior to January 1, 2007. | ||||||
22 | (f) Notwithstanding any contrary or inconsistent | ||||||
23 | provisions in Section
9-201 of this Act, in subsection (a) of | ||||||
24 | this Section, or in any rules or
regulations promulgated by the | ||||||
25 | Commission pursuant to subsection (g) of this
Section, a public | ||||||
26 | utility providing electric service to more than 500,000
|
| |||||||
| |||||||
1 | customers but fewer than 1,000,000 customers in this State may, | ||||||
2 | within the
first
6 months after the effective date of this | ||||||
3 | amendatory Act of 1997, file with the
Commission proposed | ||||||
4 | tariff sheets that eliminate, effective January 1, 1997,
the | ||||||
5 | public utility's fuel adjustment clause and adjust its base | ||||||
6 | rates by the
amount necessary for the base fuel component of | ||||||
7 | the base rates to recover
91% of the public utility's average | ||||||
8 | fuel and power supply costs for the 2 most
recent years for | ||||||
9 | which the Commission, as of January 1, 1997, has issued final
| ||||||
10 | orders in annual proceedings pursuant to subsection (a), where | ||||||
11 | the average fuel
and power supply costs per kilowatt-hour shall | ||||||
12 | be calculated as the sum of the
public utility's prudent and | ||||||
13 | allowable fuel and power supply costs as found by
the | ||||||
14 | Commission in the 2 proceedings divided by the public utility's | ||||||
15 | actual
jurisdictional kilowatt-hour sales for those 2 years, | ||||||
16 | provided, that such
tariff sheets shall be effective upon | ||||||
17 | filing. To the extent the application of
the fuel adjustment | ||||||
18 | clause had resulted in net charges to customers after
January | ||||||
19 | 1, 1997, the utility shall also file a tariff sheet that | ||||||
20 | provides for a
refund stated on a per kilowatt-hour basis of | ||||||
21 | such charges over a period not to
exceed 6 months. Provided | ||||||
22 | however, that such refund shall not include the
proportional | ||||||
23 | amounts of taxes paid under the Use Tax Act, Service Use Tax | ||||||
24 | Act,
Service Occupation Tax Act, and Retailers' Occupation Tax | ||||||
25 | Act on fuel used in
generation. The Commission shall issue an | ||||||
26 | order within 45 days after the date
of the public utility's |
| |||||||
| |||||||
1 | filing approving or approving as modified such tariff
sheet. If | ||||||
2 | the fuel adjustment clause is eliminated pursuant to this
| ||||||
3 | subsection, the Commission shall not conduct the annual | ||||||
4 | hearings specified in
the last 3 sentences of subsection (a) of | ||||||
5 | this Section for the utility for any
period after December 31, | ||||||
6 | 1996 and prior to any reinstatement of such clause.
A public | ||||||
7 | utility whose fuel adjustment clause has been eliminated | ||||||
8 | pursuant to
this subsection shall not file a proposed tariff | ||||||
9 | sheet seeking, or otherwise
petition the Commission for, | ||||||
10 | reinstatement of the fuel adjustment clause prior
to January 1, | ||||||
11 | 2007. | ||||||
12 | (g) The Commission shall have authority to promulgate rules | ||||||
13 | and
regulations to
carry out the provisions of this Section. | ||||||
14 | (h) Any Illinois gas utility may enter into a contract on | ||||||
15 | or before September 30, 2011 for up to 10 years of supply with | ||||||
16 | any company for the purchase of substitute natural gas (SNG) | ||||||
17 | produced from coal through the gasification process if the | ||||||
18 | company has commenced construction of a clean coal SNG facility | ||||||
19 | by July 1, 2012 and commencement of construction shall mean | ||||||
20 | that material physical site work has occurred, such as site | ||||||
21 | clearing and excavation, water runoff prevention, water | ||||||
22 | retention reservoir preparation, or foundation development. | ||||||
23 | The contract shall contain the following provisions: (i) at | ||||||
24 | least 90% of feedstock to be used in the gasification process | ||||||
25 | shall be coal with a high volatile bituminous rank and greater | ||||||
26 | than 1.7 pounds of sulfur per million Btu content; (ii) at the |
| |||||||
| |||||||
1 | time the contract term commences, the price per million Btu may | ||||||
2 | not exceed $7.95 in 2008 dollars, adjusted annually based on | ||||||
3 | the change in the Annual Consumer Price Index for All Urban | ||||||
4 | Consumers for the Midwest Region as published in April by the | ||||||
5 | United States Department of Labor, Bureau of Labor Statistics | ||||||
6 | (or a suitable Consumer Price Index calculation if this | ||||||
7 | Consumer Price Index is not available) for the previous | ||||||
8 | calendar year; provided that the price per million Btu shall | ||||||
9 | not exceed $9.95 at any time during the contract; (iii) the | ||||||
10 | utility's supply contract for the purchase of SNG does not | ||||||
11 | exceed 15% of the annual system supply requirements of the | ||||||
12 | utility as of 2008; and (iv) the contract costs pursuant to | ||||||
13 | subsection (h-10) of this Section shall not include any | ||||||
14 | lobbying expenses, charitable contributions, advertising, | ||||||
15 | organizational memberships, carbon dioxide pipeline or | ||||||
16 | sequestration expenses, or marketing expenses. | ||||||
17 | Any gas utility that is providing service to more than | ||||||
18 | 150,000 customers on August 2, 2011 (the effective date of | ||||||
19 | Public Act 97-239) shall either elect to enter into a contract | ||||||
20 | on or before September 30, 2011 for 10 years of SNG supply with | ||||||
21 | the owner of a clean coal SNG facility or to file biennial rate | ||||||
22 | proceedings before the Commission in the years 2012, 2014, and | ||||||
23 | 2016, with such filings made after August 2, 2011 and no later | ||||||
24 | than September 30 of the years 2012, 2014, and 2016 consistent | ||||||
25 | with all requirements of 83 Ill. Adm. Code 255 and 285 as | ||||||
26 | though the gas utility were filing for an increase in its |
| |||||||
| |||||||
1 | rates, without regard to whether such filing would produce an | ||||||
2 | increase, a decrease, or no change in the gas utility's rates, | ||||||
3 | and the Commission shall review the gas utility's filing and | ||||||
4 | shall issue its order in accordance with the provisions of | ||||||
5 | Section 9-201 of this Act. | ||||||
6 | Within 7 days after August 2, 2011, the owner of the clean | ||||||
7 | coal SNG facility shall submit to the Illinois Power Agency and | ||||||
8 | each gas utility that is providing service to more than 150,000 | ||||||
9 | customers on August 2, 2011 a copy of a draft contract. Within | ||||||
10 | 30 days after the receipt of the draft contract, each such gas | ||||||
11 | utility shall provide the Illinois Power Agency and the owner | ||||||
12 | of the clean coal SNG facility with its comments and | ||||||
13 | recommended revisions to the draft contract. Within 7 days | ||||||
14 | after the receipt of the gas utility's comments and recommended | ||||||
15 | revisions, the owner of the facility shall submit its | ||||||
16 | responsive comments and a further revised draft of the contract | ||||||
17 | to the Illinois Power Agency. The Illinois Power Agency shall | ||||||
18 | review the draft contract and comments. | ||||||
19 | During its review of the draft contract, the Illinois Power | ||||||
20 | Agency shall: | ||||||
21 | (1) review and confirm in writing that the terms stated | ||||||
22 | in this subsection (h) are incorporated in the SNG | ||||||
23 | contract; | ||||||
24 | (2) review the SNG pricing formula included in the | ||||||
25 | contract and approve that formula if the Illinois Power | ||||||
26 | Agency determines that the formula, at the time the |
| |||||||
| |||||||
1 | contract term commences: (A) starts with a price of $6.50 | ||||||
2 | per MMBtu adjusted by the adjusted final capitalized plant | ||||||
3 | cost; (B) takes into account budgeted miscellaneous net | ||||||
4 | revenue after cost allowance, including sale of SNG | ||||||
5 | produced by the clean coal SNG facility above the nameplate | ||||||
6 | capacity of the facility and other by-products produced by | ||||||
7 | the facility, as approved by the Illinois Power Agency; (C) | ||||||
8 | does not include carbon dioxide transportation or | ||||||
9 | sequestration expenses; and (D) includes all provisions | ||||||
10 | required under this subsection (h); if the Illinois Power | ||||||
11 | Agency does not approve of the SNG pricing formula, then | ||||||
12 | the Illinois Power Agency shall modify the formula to | ||||||
13 | ensure that it meets the requirements of this subsection | ||||||
14 | (h); | ||||||
15 | (3) review and approve the amount of budgeted | ||||||
16 | miscellaneous net revenue after cost allowance, including | ||||||
17 | sale of SNG produced by the clean coal SNG facility above | ||||||
18 | the nameplate capacity of the facility and other | ||||||
19 | by-products produced by the facility, to be included in the | ||||||
20 | pricing formula; the Illinois Power Agency shall approve | ||||||
21 | the amount of budgeted miscellaneous net revenue to be | ||||||
22 | included in the pricing formula if it determines the | ||||||
23 | budgeted amount to be reasonable and accurate; | ||||||
24 | (4) review and confirm in writing that using the EIA | ||||||
25 | Annual Energy Outlook-2011 Henry Hub Spot Price, the | ||||||
26 | contract terms set out in subsection (h), the |
| |||||||
| |||||||
1 | reconciliation account terms as set out in subsection | ||||||
2 | (h-15), and an estimated inflation rate of 2.5% for each | ||||||
3 | corresponding year, that there will be no cumulative | ||||||
4 | estimated increase for residential customers; and | ||||||
5 | (5) allocate the nameplate capacity of the clean coal | ||||||
6 | SNG by total therms sold to ultimate customers by each gas | ||||||
7 | utility in 2008; provided, however, no utility shall be | ||||||
8 | required to purchase more than 42% of the projected annual | ||||||
9 | output of the facility; additionally, the Illinois Power | ||||||
10 | Agency shall further adjust the allocation only as required | ||||||
11 | to take into account (A) adverse consolidation, | ||||||
12 | derivative, or lease impacts to the balance sheet or income | ||||||
13 | statement of any gas utility or (B) the physical capacity | ||||||
14 | of the gas utility to accept SNG. | ||||||
15 | If the parties to the contract do not agree on the terms | ||||||
16 | therein, then the Illinois Power Agency shall retain an | ||||||
17 | independent mediator to mediate the dispute between the | ||||||
18 | parties. If the parties are in agreement on the terms of the | ||||||
19 | contract, then the Illinois Power Agency shall approve the | ||||||
20 | contract. If after mediation the parties have failed to come to | ||||||
21 | agreement, then the Illinois Power Agency shall revise the | ||||||
22 | draft contract as necessary to confirm that the contract | ||||||
23 | contains only terms that are reasonable and equitable. The | ||||||
24 | Illinois Power Agency may, in its discretion, retain an | ||||||
25 | independent, qualified, and experienced expert to assist in its | ||||||
26 | obligations under this subsection (h). The Illinois Power |
| |||||||
| |||||||
1 | Agency shall adopt and make public policies detailing the | ||||||
2 | processes for retaining a mediator and an expert under this | ||||||
3 | subsection (h). Any mediator or expert retained under this | ||||||
4 | subsection (h) shall be retained no later than 60 days after | ||||||
5 | August 2, 2011. | ||||||
6 | The Illinois Power Agency shall complete all of its | ||||||
7 | responsibilities under this subsection (h) within 60 days after | ||||||
8 | August 2, 2011. The clean coal SNG facility shall pay a | ||||||
9 | reasonable fee as required by the Illinois Power Agency for its | ||||||
10 | services under this subsection (h) and shall pay the mediator's | ||||||
11 | and expert's reasonable fees, if any. A gas utility and its | ||||||
12 | customers shall have no obligation to reimburse the clean coal | ||||||
13 | SNG facility or the Illinois Power Agency of any such costs. | ||||||
14 | Within 30 days after commercial production of SNG has | ||||||
15 | begun, the Commission shall initiate a review to determine | ||||||
16 | whether the final capitalized plant cost of the clean coal SNG | ||||||
17 | facility reflects actual incurred costs and whether the | ||||||
18 | incurred costs were reasonable. In determining the actual | ||||||
19 | incurred costs included in the final capitalized plant cost and | ||||||
20 | the reasonableness of those costs, the Commission may in its | ||||||
21 | discretion retain independent, qualified, and experienced | ||||||
22 | experts to assist in its determination. The expert shall not | ||||||
23 | own or control any direct or indirect interest in the clean | ||||||
24 | coal SNG facility and shall have no contractual relationship | ||||||
25 | with the clean coal SNG facility. If an expert is retained by | ||||||
26 | the Commission, then the clean coal SNG facility shall pay the |
| |||||||
| |||||||
1 | expert's reasonable fees. The fees shall not be passed on to a | ||||||
2 | utility or its customers. The Commission shall adopt and make | ||||||
3 | public a policy detailing the process for retaining experts | ||||||
4 | under this subsection (h). | ||||||
5 | Within 30 days after completion of its review, the | ||||||
6 | Commission shall initiate a formal proceeding on the final | ||||||
7 | capitalized plant cost of the clean coal SNG facility at which | ||||||
8 | comments and testimony may be submitted by any interested | ||||||
9 | parties and the public. If the Commission finds that the final | ||||||
10 | capitalized plant cost includes costs that were not actually | ||||||
11 | incurred or costs that were unreasonably incurred, then the | ||||||
12 | Commission shall disallow the amount of non-incurred or | ||||||
13 | unreasonable costs from the SNG price under contracts entered | ||||||
14 | into under this subsection (h). If the Commission disallows any | ||||||
15 | costs, then the Commission shall adjust the SNG price using the | ||||||
16 | price formula in the contract approved by the Illinois Power | ||||||
17 | Agency under this subsection (h) to reflect the disallowed | ||||||
18 | costs and shall enter an order specifying the revised price. In | ||||||
19 | addition, the Commission's order shall direct the clean coal | ||||||
20 | SNG facility to issue refunds of such sums as shall represent | ||||||
21 | the difference between actual gross revenues and the gross | ||||||
22 | revenue that would have been obtained based upon the same | ||||||
23 | volume, from the price revised by the Commission. Any refund | ||||||
24 | shall include interest calculated at a rate determined by the | ||||||
25 | Commission and shall be returned according to procedures | ||||||
26 | prescribed by the Commission. |
| |||||||
| |||||||
1 | Nothing in this subsection (h) shall preclude any party | ||||||
2 | affected by a decision of the Commission under this subsection | ||||||
3 | (h) from seeking judicial review of the Commission's decision. | ||||||
4 | (h-1) Any Illinois gas utility may enter into a sourcing | ||||||
5 | agreement for up to 30 years of supply with the clean coal SNG | ||||||
6 | brownfield facility if the clean coal SNG brownfield facility | ||||||
7 | has commenced construction. Any gas utility that is providing | ||||||
8 | service to more than 150,000 customers on July 13, 2011 (the | ||||||
9 | effective date of Public Act 97-096) shall either elect to file | ||||||
10 | biennial rate proceedings before the Commission in the years | ||||||
11 | 2012, 2014, and 2016 or enter into a sourcing agreement or | ||||||
12 | sourcing agreements with a clean coal SNG brownfield facility | ||||||
13 | with an initial term of 30 years for either (i) a percentage of | ||||||
14 | 43,500,000,000 cubic feet per year, such that the utilities | ||||||
15 | entering into sourcing agreements with the clean coal SNG | ||||||
16 | brownfield facility purchase 100%,
allocated by total therms | ||||||
17 | sold to ultimate customers by each
gas utility in 2008 or (ii) | ||||||
18 | such lesser amount as may be available from the clean coal SNG | ||||||
19 | brownfield facility; provided that no utility shall be required | ||||||
20 | to purchase more than 42% of the projected annual output of the | ||||||
21 | clean coal SNG brownfield facility, with the remainder of such | ||||||
22 | utility's obligation to be divided proportionately between the | ||||||
23 | other utilities, and provided that the Illinois Power Agency | ||||||
24 | shall
further adjust the allocation only as required to take | ||||||
25 | into
account adverse consolidation, derivative, or lease | ||||||
26 | impacts to
the balance sheet or income statement of any gas |
| |||||||
| |||||||
1 | utility. | ||||||
2 | A gas utility electing to file biennial rate proceedings | ||||||
3 | before the Commission must file a notice of its election with | ||||||
4 | the Commission within 60 days after July 13, 2011 or its right | ||||||
5 | to make the election is irrevocably waived. A gas utility | ||||||
6 | electing to file biennial rate proceedings shall make such | ||||||
7 | filings no later than August 1 of the years 2012, 2014, and | ||||||
8 | 2016, consistent with all requirements of 83 Ill. Adm. Code 255 | ||||||
9 | and 285 as though the gas utility were filing for an increase | ||||||
10 | in its rates, without regard to whether such filing would | ||||||
11 | produce an increase, a decrease, or no change in the gas | ||||||
12 | utility's rates, and notwithstanding any other provisions of | ||||||
13 | this Act, the Commission shall fully review the gas utility's | ||||||
14 | filing and shall issue its order in accordance with the | ||||||
15 | provisions of Section 9-201 of this Act, regardless of whether | ||||||
16 | the
Commission has approved a formula rate for the gas utility. | ||||||
17 | Within 15 days after July 13, 2011, the owner of the clean | ||||||
18 | coal SNG brownfield facility shall submit to the Illinois Power | ||||||
19 | Agency and each gas utility that is providing service to more | ||||||
20 | than 150,000 customers on July 13, 2011 a copy of a draft | ||||||
21 | sourcing agreement. Within 45 days after receipt of the draft | ||||||
22 | sourcing agreement, each such gas utility shall provide the | ||||||
23 | Illinois Power Agency and the owner of a clean coal SNG | ||||||
24 | brownfield facility with its comments and recommended | ||||||
25 | revisions to the draft sourcing agreement. Within 15 days after | ||||||
26 | the receipt of the gas utility's comments and recommended |
| |||||||
| |||||||
1 | revisions, the owner of the clean coal SNG brownfield facility | ||||||
2 | shall submit its responsive comments and a further revised | ||||||
3 | draft of the sourcing agreement to the Illinois Power Agency. | ||||||
4 | The Illinois Power Agency shall review the draft sourcing | ||||||
5 | agreement and comments. | ||||||
6 | If the parties to the sourcing agreement do not agree on | ||||||
7 | the terms therein, then the Illinois Power Agency shall retain | ||||||
8 | an independent mediator to mediate the dispute between the | ||||||
9 | parties. If the parties are in agreement on the terms of the | ||||||
10 | sourcing agreement, the Illinois Power Agency shall approve the | ||||||
11 | final draft sourcing agreement. If after mediation the parties | ||||||
12 | have failed to come to agreement, then the Illinois Power | ||||||
13 | Agency shall revise the draft sourcing agreement as necessary | ||||||
14 | to confirm that the final draft sourcing agreement contains | ||||||
15 | only terms that are reasonable and equitable. The Illinois | ||||||
16 | Power Agency shall adopt and make public a policy detailing the | ||||||
17 | process for retaining a mediator under this subsection (h-1). | ||||||
18 | Any mediator retained to assist with mediating disputes between | ||||||
19 | the parties regarding the sourcing agreement shall be retained | ||||||
20 | no later than 60 days after July 13, 2011. | ||||||
21 | Upon approval of a final draft agreement, the Illinois | ||||||
22 | Power Agency shall submit the final draft agreement to the | ||||||
23 | Capital Development Board and the Commission no later than 90 | ||||||
24 | days after July 13, 2011. The gas utility and the clean coal | ||||||
25 | SNG brownfield facility shall pay a reasonable fee as required | ||||||
26 | by the Illinois Power Agency for its services under this |
| |||||||
| |||||||
1 | subsection (h-1) and shall pay the mediator's reasonable fees, | ||||||
2 | if any. The Illinois Power Agency shall adopt and make public a | ||||||
3 | policy detailing the process for retaining a mediator under | ||||||
4 | this Section. | ||||||
5 | The sourcing agreement between a gas utility and the clean | ||||||
6 | coal SNG brownfield facility shall contain the following | ||||||
7 | provisions: | ||||||
8 | (1) Any and all coal used in the gasification process | ||||||
9 | must be coal that has high volatile bituminous rank and | ||||||
10 | greater than 1.7 pounds of sulfur per million Btu content. | ||||||
11 | (2) Coal and petroleum coke are feedstocks for the | ||||||
12 | gasification process, with coal comprising at least 50% of | ||||||
13 | the total feedstock over the term of the sourcing agreement | ||||||
14 | unless the facility reasonably determines that it is
| ||||||
15 | necessary to use additional petroleum coke to deliver net
| ||||||
16 | consumer savings, in which case the facility shall use
coal | ||||||
17 | for at least 35% of the total feedstock over the
term of | ||||||
18 | any sourcing agreement and with the feedstocks to be | ||||||
19 | procured in accordance with requirements of Section 1-78 of | ||||||
20 | the Illinois Power Agency Act. | ||||||
21 | (3) The sourcing agreement has an initial term that | ||||||
22 | once entered into terminates no more than 30 years after | ||||||
23 | the commencement of the commercial production of SNG at the | ||||||
24 | clean coal SNG brownfield facility. | ||||||
25 | (4) The clean coal SNG brownfield facility guarantees a | ||||||
26 | minimum of $100,000,000 in consumer savings to customers of
|
| |||||||
| |||||||
1 | the utilities that have entered into sourcing agreements
| ||||||
2 | with the clean coal SNG brownfield facility, calculated in | ||||||
3 | real 2010 dollars at the conclusion of the term of the | ||||||
4 | sourcing agreement by comparing the delivered SNG price to | ||||||
5 | the Chicago City-gate price on a weighted daily basis for | ||||||
6 | each day over the entire term of the sourcing agreement, to | ||||||
7 | be provided in accordance with subsection (h-2) of this | ||||||
8 | Section. | ||||||
9 | (5) Prior to the clean coal SNG brownfield facility | ||||||
10 | issuing a notice to proceed to construction, the clean coal | ||||||
11 | SNG brownfield facility shall establish a consumer | ||||||
12 | protection reserve account for the benefit of the customers | ||||||
13 | of the utilities that have entered into sourcing agreements | ||||||
14 | with the clean coal SNG brownfield facility pursuant to | ||||||
15 | this subsection (h-1), with cash principal in the amount of | ||||||
16 | $150,000,000. This cash principal shall only be | ||||||
17 | recoverable through the consumer protection reserve | ||||||
18 | account and not as a cost to be recovered in the delivered | ||||||
19 | SNG price pursuant to subsection (h-3) of this Section. The | ||||||
20 | consumer protection reserve account shall be maintained | ||||||
21 | and administered by an independent trustee that is mutually | ||||||
22 | agreed upon by the clean coal SNG brownfield facility, the | ||||||
23 | utilities, and the Commission in an interest-bearing | ||||||
24 | account in accordance with subsection (h-2) of this | ||||||
25 | Section. | ||||||
26 | "Consumer protection reserve account principal maximum |
| |||||||
| |||||||
1 | amount" shall mean the maximum amount of principal to be | ||||||
2 | maintained in the consumer protection reserve account. | ||||||
3 | During the first 2 years of operation of the facility, | ||||||
4 | there shall be no consumer protection reserve account | ||||||
5 | maximum amount. After the first 2 years of operation of the | ||||||
6 | facility, the consumer protection reserve account maximum | ||||||
7 | amount shall be $150,000,000. After 5 years of operation, | ||||||
8 | and every 5 years thereafter, the trustee shall calculate | ||||||
9 | the 5-year average balance of the consumer protection | ||||||
10 | reserve account. If the trustee determines that during the | ||||||
11 | prior 5 years the consumer protection reserve account has | ||||||
12 | had an average account balance of less than $75,000,000, | ||||||
13 | then the consumer protection reserve account principal | ||||||
14 | maximum amount shall be increased by $5,000,000. If the | ||||||
15 | trustee determines that during the prior 5 years the | ||||||
16 | consumer protection reserve account has had an average | ||||||
17 | account balance of more than $75,000,000, then the consumer | ||||||
18 | protection reserve account principal maximum amount shall | ||||||
19 | be decreased by $5,000,000. | ||||||
20 | (6) The clean coal SNG brownfield facility shall | ||||||
21 | identify and sell economically viable by-products produced | ||||||
22 | by the facility. | ||||||
23 | (7) Fifty percent of all additional net revenue, | ||||||
24 | defined as miscellaneous net revenue from products | ||||||
25 | produced by the
facility and delivered during the month | ||||||
26 | after cost allowance for costs associated with additional |
| |||||||
| |||||||
1 | net revenue that are not otherwise recoverable pursuant to | ||||||
2 | subsection (h-3) of this Section, including net revenue | ||||||
3 | from sales of substitute natural gas derived from the | ||||||
4 | facility above the nameplate capacity of the facility and | ||||||
5 | other by-products produced by the facility, shall be | ||||||
6 | credited to the consumer protection reserve account | ||||||
7 | pursuant to subsection (h-2) of this Section. | ||||||
8 | (8) The delivered SNG price per million btu to be paid | ||||||
9 | monthly by the utility to the clean coal SNG brownfield | ||||||
10 | facility, which shall be based only upon the following: (A) | ||||||
11 | a capital recovery charge, operations and maintenance | ||||||
12 | costs, and sequestration costs, only to the extent approved | ||||||
13 | by the Commission pursuant to paragraphs (1), (2), and (3) | ||||||
14 | of subsection (h-3) of this Section; (B) the actual | ||||||
15 | delivered and processed fuel costs pursuant to paragraph | ||||||
16 | (4) of subsection (h-3) of this Section; (C) actual costs | ||||||
17 | of SNG transportation pursuant to paragraph (6) of | ||||||
18 | subsection (h-3) of this Section; (D) certain taxes and | ||||||
19 | fees imposed by the federal government, the State, or any | ||||||
20 | unit of local government as provided in paragraph (6) of | ||||||
21 | subsection (h-3) of this Section; and (E) the credit, if | ||||||
22 | any, from the consumer protection reserve account pursuant | ||||||
23 | to subsection (h-2) of this Section. The delivered SNG | ||||||
24 | price per million Btu shall proportionately reflect these | ||||||
25 | elements over the term of the sourcing agreement. | ||||||
26 | (9) A formula to translate the recoverable costs and |
| |||||||
| |||||||
1 | charges under subsection (h-3) of this Section into the | ||||||
2 | delivered SNG price per million btu. | ||||||
3 | (10) Title to the SNG shall pass at a mutually | ||||||
4 | agreeable point in Illinois, and may provide that, rather | ||||||
5 | than the utility taking title to the SNG, a mutually agreed | ||||||
6 | upon third-party gas marketer pursuant to a contract | ||||||
7 | approved by the Illinois Power Agency or its designee may | ||||||
8 | take title to the SNG pursuant to an agreement between the | ||||||
9 | utility, the owner of the clean coal SNG brownfield | ||||||
10 | facility, and the third-party gas marketer. | ||||||
11 | (11) A utility may exit the sourcing agreement without | ||||||
12 | penalty if the clean coal SNG brownfield facility does not | ||||||
13 | commence construction by July 1, 2015. | ||||||
14 | (12) A utility is responsible to pay only the | ||||||
15 | Commission determined unit price cost of SNG that is | ||||||
16 | purchased by the utility. Nothing in the sourcing agreement | ||||||
17 | will obligate a utility to invest capital in a clean coal | ||||||
18 | SNG brownfield facility. | ||||||
19 | (13) The quality of SNG must, at a minimum, be | ||||||
20 | equivalent to the quality required for interstate pipeline | ||||||
21 | gas before a utility is required to accept and pay for SNG | ||||||
22 | gas. | ||||||
23 | (14) Nothing in the sourcing agreement will require a | ||||||
24 | utility to construct any facilities to accept delivery of | ||||||
25 | SNG. Provided, however, if a utility is required by law or | ||||||
26 | otherwise elects to connect the clean coal SNG brownfield |
| |||||||
| |||||||
1 | facility to an interstate pipeline, then the utility shall | ||||||
2 | be entitled to recover pursuant to its tariffs all just and | ||||||
3 | reasonable costs that are prudently incurred. Any costs | ||||||
4 | incurred by the utility to receive, deliver, manage, or | ||||||
5 | otherwise accommodate purchases under the SNG sourcing | ||||||
6 | agreement will be fully recoverable through a utility's | ||||||
7 | purchased gas adjustment clause rider mechanism in
| ||||||
8 | conjunction with a SNG brownfield facility rider
| ||||||
9 | mechanism. The SNG brownfield facility rider mechanism
(A) | ||||||
10 | shall be applicable to all customers who receive
| ||||||
11 | transportation service from the utility, (B) shall be
| ||||||
12 | designed to have an equal percent impact on the
| ||||||
13 | transportation services rates of each class of the
| ||||||
14 | utility's customers, and (C) shall accurately reflect the
| ||||||
15 | net consumer savings, if any, and above-market costs, if
| ||||||
16 | any, associated with the utility receiving, delivering,
| ||||||
17 | managing, or otherwise accommodating purchases under the
| ||||||
18 | SNG sourcing agreement. | ||||||
19 | (15) Remedies for the clean coal SNG brownfield | ||||||
20 | facility's failure to deliver a designated amount for a | ||||||
21 | designated period. | ||||||
22 | (16) The clean coal SNG brownfield facility shall
make | ||||||
23 | a good faith effort to ensure that an amount equal
to not | ||||||
24 | less than 15% of the value of its prime
construction | ||||||
25 | contract for the facility shall be
established as a goal to | ||||||
26 | be awarded to minority-owned minority owned
businesses, |
| |||||||
| |||||||
1 | women-owned female owned businesses, and businesses owned
| ||||||
2 | by a person with a disability; provided that at least 75%
| ||||||
3 | of the amount of such total goal shall be for | ||||||
4 | minority-owned minority
owned businesses. " Minority-owned | ||||||
5 | Minority owned business", " women-owned female
owned | ||||||
6 | business", and "business owned by a person with a
| ||||||
7 | disability" shall have the meanings ascribed to them in
| ||||||
8 | Section 2 of the Business Enterprise for Minorities, Women,
| ||||||
9 | Females and Persons with Disabilities Act. | ||||||
10 | (17) Prior to the clean coal SNG brownfield facility | ||||||
11 | issuing a notice to proceed to construction, the clean coal | ||||||
12 | SNG brownfield facility shall file with the Commission a | ||||||
13 | certificate from an independent engineer that the clean | ||||||
14 | coal SNG brownfield facility has (A) obtained all | ||||||
15 | applicable State and federal environmental permits | ||||||
16 | required for construction; (B) obtained approval from the | ||||||
17 | Commission of a carbon capture and sequestration plan; and | ||||||
18 | (C) obtained all necessary permits required for | ||||||
19 | construction for the transportation and sequestration of | ||||||
20 | carbon dioxide as set forth in the Commission-approved | ||||||
21 | carbon capture and sequestration plan. | ||||||
22 | (h-2) Consumer protection reserve account. The clean coal | ||||||
23 | SNG brownfield facility shall guarantee a minimum of | ||||||
24 | $100,000,000 in consumer savings to customers of the utilities
| ||||||
25 | that have entered into sourcing agreements with the clean coal
| ||||||
26 | SNG brownfield facility, calculated in real 2010 dollars at the |
| |||||||
| |||||||
1 | conclusion of the term of the sourcing agreement by comparing | ||||||
2 | the delivered SNG price to the Chicago City-gate price on a | ||||||
3 | weighted daily basis for each day over the entire term of the | ||||||
4 | sourcing agreement. Prior to the clean coal SNG brownfield | ||||||
5 | facility issuing a notice to proceed to construction, the clean | ||||||
6 | coal SNG brownfield facility shall establish a consumer | ||||||
7 | protection reserve account for the benefit of the retail | ||||||
8 | customers of the utilities that have entered into sourcing | ||||||
9 | agreements with the clean coal SNG brownfield facility pursuant | ||||||
10 | to subsection (h-1), with cash principal in the amount of | ||||||
11 | $150,000,000. Such cash principal shall only be recovered | ||||||
12 | through the consumer protection reserve account and not as a | ||||||
13 | cost to be recovered in the delivered SNG price pursuant to | ||||||
14 | subsection (h-3) of this Section. The consumer protection | ||||||
15 | reserve account shall be maintained and administered by an | ||||||
16 | independent trustee that is mutually agreed upon by the clean | ||||||
17 | coal SNG brownfield facility, the utilities, and the Commission | ||||||
18 | in an interest-bearing account in accordance with the | ||||||
19 | following: | ||||||
20 | (1) The clean coal SNG brownfield facility monthly | ||||||
21 | shall calculate (A) the difference between the monthly | ||||||
22 | delivered SNG price and the Chicago City-gate price, by | ||||||
23 | comparing the delivered SNG price, which shall include the | ||||||
24 | cost of transportation to the delivery point, if any, to | ||||||
25 | the Chicago City-gate price on a weighted daily basis for | ||||||
26 | each day of the prior month based upon a mutually agreed |
| |||||||
| |||||||
1 | upon published index and (B) the overage amount, if any, by
| ||||||
2 | calculating the annualized incremental additional cost,
if | ||||||
3 | any, of the delivered SNG in excess of 2.015% of the
| ||||||
4 | average annual inflation-adjusted amounts paid by all gas
| ||||||
5 | distribution customers in connection with natural gas
| ||||||
6 | service during the 5 years ending May 31, 2010. | ||||||
7 | (2) During the first 2 years of operation of the | ||||||
8 | facility: | ||||||
9 | (A) to the extent there is an overage amount, the | ||||||
10 | consumer protection reserve account shall be used to | ||||||
11 | provide a credit to reduce the SNG price by an amount | ||||||
12 | equal to the overage amount; and | ||||||
13 | (B) to the extent the monthly delivered SNG price | ||||||
14 | is less than or equal to the Chicago City-gate price, | ||||||
15 | the utility shall credit the difference between the | ||||||
16 | monthly delivered SNG price and the monthly Chicago | ||||||
17 | City-gate price, if any, to the consumer protection | ||||||
18 | reserve account. Such credit issued pursuant to this | ||||||
19 | paragraph (B) shall be deemed prudent and reasonable | ||||||
20 | and not subject to a Commission prudence review; | ||||||
21 | (3) After 2 years of operation of the facility, and | ||||||
22 | monthly, on an on-going basis, thereafter: | ||||||
23 | (A) to the extent that the monthly delivered SNG | ||||||
24 | price is less than or equal to the Chicago City-gate | ||||||
25 | price, calculated using the weighted average of the | ||||||
26 | daily Chicago City-gate price on a daily basis over the |
| |||||||
| |||||||
1 | entire month, the utility shall credit the difference, | ||||||
2 | if any, to the consumer protection reserve account. | ||||||
3 | Such credit issued pursuant to this subparagraph (A) | ||||||
4 | shall be deemed prudent and reasonable and not subject | ||||||
5 | to a Commission prudence review; | ||||||
6 | (B) any amounts in the consumer protection reserve | ||||||
7 | account in excess of the consumer protection reserve | ||||||
8 | account principal maximum amount shall be distributed | ||||||
9 | as follows: (i) if retail customers have not realized
| ||||||
10 | net consumer savings, calculated by comparing the
| ||||||
11 | delivered SNG price to the weighted average of the
| ||||||
12 | daily Chicago City-gate price on a daily basis over
the | ||||||
13 | entire term of the sourcing agreement to date,
then 50% | ||||||
14 | of any amounts in the consumer protection
reserve | ||||||
15 | account in excess of the consumer protection reserve | ||||||
16 | account principal maximum shall be
distributed to the | ||||||
17 | clean coal SNG brownfield
facility, with the remaining | ||||||
18 | 50% of any such
additional amounts being credited to | ||||||
19 | retail
customers, and (ii) if retail customers have | ||||||
20 | realized net
consumer savings, then 100% of any amounts | ||||||
21 | in the
consumer protection reserve account in excess of
| ||||||
22 | the consumer protection reserve account principal | ||||||
23 | maximum shall be distributed to the clean coal
SNG | ||||||
24 | brownfield facility; provided, however, that under no | ||||||
25 | circumstances shall the total cumulative amount | ||||||
26 | distributed to the clean coal SNG brownfield facility |
| |||||||
| |||||||
1 | under this subparagraph (B) exceed $150,000,000; | ||||||
2 | (C) to the extent there is an overage amount, after | ||||||
3 | distributing the amounts pursuant to subparagraph (B) | ||||||
4 | of this paragraph (3), if any, the consumer protection | ||||||
5 | reserve account shall be used to provide a credit to | ||||||
6 | reduce the SNG price by an amount equal to the overage | ||||||
7 | amount; | ||||||
8 | (D) if retail customers have realized net consumer | ||||||
9 | savings, calculated by comparing the delivered SNG | ||||||
10 | price to the weighted average of the daily Chicago | ||||||
11 | City-gate price on a daily basis over the entire term | ||||||
12 | of the sourcing agreement to date, then after | ||||||
13 | distributing the amounts pursuant to subparagraphs (B) | ||||||
14 | and (C) of this paragraph (3), 50% of any additional | ||||||
15 | amounts in the consumer protection reserve account in | ||||||
16 | excess of the consumer protection reserve account | ||||||
17 | principal maximum shall be distributed to the clean | ||||||
18 | coal SNG brownfield facility, with the remaining 50% of | ||||||
19 | any such additional amounts being credited to retail | ||||||
20 | customers; provided, however, that if retail customers | ||||||
21 | have not realized such net consumer savings, no such | ||||||
22 | distribution shall be made to the clean coal SNG | ||||||
23 | brownfield facility, and 100% of such additional | ||||||
24 | amounts shall be credited to the retail customers to | ||||||
25 | the extent the consumer protection reserve account | ||||||
26 | exceeds the consumer protection reserve account |
| |||||||
| |||||||
1 | principal maximum amount. | ||||||
2 | (4) Fifty percent of all additional net revenue, | ||||||
3 | defined as miscellaneous net revenue after cost allowance | ||||||
4 | for costs associated with additional net revenue that are | ||||||
5 | not otherwise recoverable pursuant to subsection (h-3) of | ||||||
6 | this Section, including net revenue from sales of | ||||||
7 | substitute natural gas derived from the facility above the | ||||||
8 | nameplate capacity of the facility and other by-products | ||||||
9 | produced by the facility, shall be credited to the consumer | ||||||
10 | protection reserve account. | ||||||
11 | (5) At the conclusion of the term of the sourcing | ||||||
12 | agreement, to the extent retail customers have not saved | ||||||
13 | the minimum of $100,000,000 in consumer savings as | ||||||
14 | guaranteed in this subsection (h-2), amounts in the | ||||||
15 | consumer protection reserve account shall be credited to | ||||||
16 | retail customers to the extent the retail customers have | ||||||
17 | saved the minimum of $100,000,000; 50% of any additional | ||||||
18 | amounts in the consumer protection reserve account shall be | ||||||
19 | distributed to the company, and the remaining 50% shall be | ||||||
20 | distributed to retail customers. | ||||||
21 | (6) If, at the conclusion of the term of the sourcing | ||||||
22 | agreement, the customers have not saved the minimum | ||||||
23 | $100,000,000 in savings as guaranteed in this subsection | ||||||
24 | (h-2) and the consumer protection reserve account has been | ||||||
25 | depleted, then the clean coal SNG brownfield facility shall | ||||||
26 | be liable for any remaining amount owed to the retail |
| |||||||
| |||||||
1 | customers to the extent that the customers are provided | ||||||
2 | with the $100,000,000 in savings as guaranteed in this | ||||||
3 | subsection (h-2). The retail customers shall have first | ||||||
4 | priority in recovering that debt above any creditors, | ||||||
5 | except the original senior secured lender to the extent | ||||||
6 | that the original senior secured lender has any senior | ||||||
7 | secured debt outstanding, including any clean coal SNG | ||||||
8 | brownfield facility parent companies or affiliates. | ||||||
9 | (7) The clean coal SNG brownfield facility, the | ||||||
10 | utilities, and the trustee shall work together to take | ||||||
11 | commercially reasonable steps to minimize the tax impact of | ||||||
12 | these transactions, while preserving the consumer | ||||||
13 | benefits. | ||||||
14 | (8) The clean coal SNG brownfield facility shall each | ||||||
15 | month, starting in the facility's first year of commercial | ||||||
16 | operation, file with the Commission, in such form as the | ||||||
17 | Commission shall require, a report as to the consumer | ||||||
18 | protection reserve account. The monthly report must | ||||||
19 | contain the following information: | ||||||
20 | (A) the extent the monthly delivered SNG price is | ||||||
21 | greater than, less than, or equal to the Chicago | ||||||
22 | City-gate price; | ||||||
23 | (B) the amount credited or debited to the consumer | ||||||
24 | protection reserve account during the month; | ||||||
25 | (C) the amounts credited to consumers and | ||||||
26 | distributed to the clean coal SNG brownfield facility |
| |||||||
| |||||||
1 | during the month; | ||||||
2 | (D) the total amount of the consumer protection | ||||||
3 | reserve account at the beginning and end of the month; | ||||||
4 | (E) the total amount of consumer savings to date; | ||||||
5 | (F) a confidential summary of the inputs used to | ||||||
6 | calculate the additional net revenue; and | ||||||
7 | (G) any other additional information the | ||||||
8 | Commission shall require. | ||||||
9 | When any report is erroneous or defective or appears to | ||||||
10 | the Commission to be erroneous or defective, the Commission | ||||||
11 | may notify the clean coal SNG brownfield facility to amend | ||||||
12 | the report within 30 days, and, before or after the | ||||||
13 | termination of the 30-day period, the Commission may | ||||||
14 | examine the trustee of the consumer protection reserve | ||||||
15 | account or the officers, agents, employees, books, | ||||||
16 | records, or accounts of the clean coal SNG brownfield | ||||||
17 | facility and correct such items in the report as upon such | ||||||
18 | examination the Commission may find defective or | ||||||
19 | erroneous. All reports shall be under oath. | ||||||
20 | All reports made to the Commission by the clean coal | ||||||
21 | SNG brownfield facility and the contents of the reports | ||||||
22 | shall be open to public inspection and shall be deemed a | ||||||
23 | public record under the Freedom of Information Act. Such | ||||||
24 | reports shall be preserved in the office of the Commission. | ||||||
25 | The Commission shall publish an annual summary of the | ||||||
26 | reports prior to February 1 of the following year. The |
| |||||||
| |||||||
1 | annual summary shall be made available to the public on the | ||||||
2 | Commission's website and shall be submitted to the General | ||||||
3 | Assembly. | ||||||
4 | Any facility that fails to file a report required under | ||||||
5 | this paragraph (8) to the Commission within the time | ||||||
6 | specified or to make specific answer to any question | ||||||
7 | propounded by the Commission within 30 days from the time | ||||||
8 | it is lawfully required to do so, or within such further | ||||||
9 | time not to exceed 90 days as may in its discretion be | ||||||
10 | allowed by the Commission, shall pay a penalty of $500 to | ||||||
11 | the Commission for each day it is in default. | ||||||
12 | Any person who willfully makes any false report to the | ||||||
13 | Commission or to any member, officer, or employee thereof, | ||||||
14 | any person who willfully in a report withholds or fails to | ||||||
15 | provide material information to which the Commission is | ||||||
16 | entitled under this paragraph (8) and which information is | ||||||
17 | either required to be filed by statute, rule, regulation, | ||||||
18 | order, or decision of the Commission or has been requested | ||||||
19 | by the Commission, and any person who willfully aids or | ||||||
20 | abets such person shall be guilty of a Class A misdemeanor. | ||||||
21 | (h-3) Recoverable costs and revenue by the clean coal SNG | ||||||
22 | brownfield facility. | ||||||
23 | (1) A capital recovery charge approved by the | ||||||
24 | Commission shall be recoverable by the clean coal SNG | ||||||
25 | brownfield facility under a sourcing agreement. The | ||||||
26 | capital recovery charge shall be comprised of capital costs |
| |||||||
| |||||||
1 | and a reasonable rate of return. "Capital costs" means | ||||||
2 | costs to be incurred in connection with the construction | ||||||
3 | and development of a facility, as defined in Section 1-10 | ||||||
4 | of the Illinois Power Agency Act, and such other costs as | ||||||
5 | the Capital Development Board deems appropriate to be | ||||||
6 | recovered in the capital recovery charge. | ||||||
7 | (A) Capital costs. The Capital Development Board | ||||||
8 | shall calculate a range of capital costs that it | ||||||
9 | believes would be reasonable for the clean coal SNG | ||||||
10 | brownfield facility to recover under the sourcing | ||||||
11 | agreement. In making this determination, the Capital | ||||||
12 | Development Board shall review the facility cost
| ||||||
13 | report, if any, of the clean coal SNG brownfield
| ||||||
14 | facility, adjusting the results based on the change in
| ||||||
15 | the Annual Consumer Price Index for All Urban Consumers
| ||||||
16 | for the Midwest Region as published in April by the
| ||||||
17 | United States Department of Labor, Bureau of Labor
| ||||||
18 | Statistics, the final draft of the sourcing agreement, | ||||||
19 | and the rate of return approved by the Commission. In | ||||||
20 | addition, the Capital Development Board may consult as | ||||||
21 | much as it deems necessary with the clean coal SNG | ||||||
22 | brownfield facility and conduct whatever research and | ||||||
23 | investigation it deems necessary. | ||||||
24 | The Capital Development Board shall retain an | ||||||
25 | engineering expert to assist in determining both the | ||||||
26 | range of capital costs and the range of operations and |
| |||||||
| |||||||
1 | maintenance costs that it believes would be reasonable | ||||||
2 | for the clean coal SNG brownfield facility to recover | ||||||
3 | under the sourcing agreement. Provided, however, that | ||||||
4 | such expert shall: (i) not have been involved in the | ||||||
5 | clean coal SNG brownfield facility's facility cost | ||||||
6 | report, if any, (ii) not own or control any direct or | ||||||
7 | indirect interest in the initial clean coal facility, | ||||||
8 | and (iii) have no contractual relationship with the | ||||||
9 | clean coal SNG brownfield facility. In order to qualify | ||||||
10 | as an independent expert, a person or company must | ||||||
11 | have: | ||||||
12 | (i) direct previous experience conducting | ||||||
13 | front-end engineering and design studies for | ||||||
14 | large-scale energy facilities and administering | ||||||
15 | large-scale energy operations and maintenance | ||||||
16 | contracts, which may be particularized to the | ||||||
17 | specific type of financing associated with the | ||||||
18 | clean coal SNG brownfield facility; | ||||||
19 | (ii) an advanced degree in economics, | ||||||
20 | mathematics, engineering, or a related area of | ||||||
21 | study; | ||||||
22 | (iii) ten years of experience in the energy | ||||||
23 | sector, including construction and risk management | ||||||
24 | experience; | ||||||
25 | (iv) expertise in assisting companies with | ||||||
26 | obtaining financing for large-scale energy |
| |||||||
| |||||||
1 | projects, which may be particularized to the | ||||||
2 | specific type of financing associated with the | ||||||
3 | clean coal SNG brownfield facility; | ||||||
4 | (v) expertise in operations and maintenance | ||||||
5 | which may be particularized to the specific type of | ||||||
6 | operations and maintenance associated with the | ||||||
7 | clean coal SNG brownfield facility; | ||||||
8 | (vi) expertise in credit and contract | ||||||
9 | protocols; | ||||||
10 | (vii) adequate resources to perform and | ||||||
11 | fulfill the required functions and | ||||||
12 | responsibilities; and | ||||||
13 | (viii) the absence of a conflict of interest | ||||||
14 | and inappropriate bias for or against an affected | ||||||
15 | gas utility or the clean coal SNG brownfield | ||||||
16 | facility. | ||||||
17 | The clean coal SNG brownfield facility and the | ||||||
18 | Illinois Power Agency shall cooperate with the Capital | ||||||
19 | Development Board in any investigation it deems | ||||||
20 | necessary. The Capital Development Board shall make | ||||||
21 | its final determination of the range of capital costs | ||||||
22 | confidentially and shall submit that range to the | ||||||
23 | Commission in a confidential filing within 120 days | ||||||
24 | after July 13, 2011 (the effective date of Public Act | ||||||
25 | 97-096). The clean coal SNG brownfield facility shall | ||||||
26 | submit to the Commission its estimate of the capital |
| |||||||
| |||||||
1 | costs to be recovered under the sourcing agreement. | ||||||
2 | Only after the clean coal SNG brownfield facility has | ||||||
3 | submitted this estimate shall the Commission publicly | ||||||
4 | announce the range of capital costs submitted by the | ||||||
5 | Capital Development Board. | ||||||
6 | In the event that the estimate submitted by the | ||||||
7 | clean coal SNG brownfield facility is within or below | ||||||
8 | the range submitted by the Capital Development Board, | ||||||
9 | the clean coal SNG brownfield facility's estimate | ||||||
10 | shall be approved by the Commission as the amount of | ||||||
11 | capital costs to be recovered under the sourcing | ||||||
12 | agreement. In the event that the estimate submitted by | ||||||
13 | the clean coal SNG brownfield facility is above the | ||||||
14 | range submitted by the Capital Development Board, the | ||||||
15 | amount of capital costs at the lowest end of the range | ||||||
16 | submitted by the Capital Development Board shall be | ||||||
17 | approved by the Commission as the amount of capital | ||||||
18 | costs to be recovered under the sourcing agreement. | ||||||
19 | Within 15 days after the Capital Development Board has | ||||||
20 | submitted its range and the clean coal SNG brownfield | ||||||
21 | facility has submitted its estimate, the Commission | ||||||
22 | shall approve the capital costs for the clean coal SNG | ||||||
23 | brownfield facility. | ||||||
24 | The Capital Development Board shall monitor the | ||||||
25 | construction of the clean coal SNG brownfield facility | ||||||
26 | for the full duration of construction to assess |
| |||||||
| |||||||
1 | potential cost overruns. The Capital Development | ||||||
2 | Board, in its discretion, may retain an expert to | ||||||
3 | facilitate such monitoring. The clean coal SNG | ||||||
4 | brownfield facility shall pay a reasonable fee as | ||||||
5 | required by the Capital Development Board for the | ||||||
6 | Capital Development Board's services under this | ||||||
7 | subsection (h-3) to be deposited into the Capital | ||||||
8 | Development Board Revolving Fund, and such fee shall | ||||||
9 | not be passed through to a utility or its customers. If | ||||||
10 | an expert is retained by the Capital Development Board | ||||||
11 | for monitoring of construction, then the clean coal SNG | ||||||
12 | brownfield facility must pay for the expert's | ||||||
13 | reasonable fees and such costs shall not be passed | ||||||
14 | through to a utility or its customers. | ||||||
15 | (B) Rate of Return. No later than 30 days after the | ||||||
16 | date on which the Illinois Power Agency submits a final | ||||||
17 | draft sourcing agreement, the Commission shall hold a | ||||||
18 | public hearing to determine the rate of return to be | ||||||
19 | recovered under the sourcing agreement. Rate of return | ||||||
20 | shall be comprised of the clean coal SNG brownfield | ||||||
21 | facility's actual cost of debt, including | ||||||
22 | mortgage-style amortization, and a reasonable return | ||||||
23 | on equity. The Commission shall post notice of the | ||||||
24 | hearing on its website no later than 10 days prior to | ||||||
25 | the date of the hearing. The Commission shall provide | ||||||
26 | the public and all interested parties, including the |
| |||||||
| |||||||
1 | gas utilities, the Attorney General, and the Illinois | ||||||
2 | Power Agency, an opportunity to be heard. | ||||||
3 | In determining the return on equity, the | ||||||
4 | Commission shall select a commercially reasonable | ||||||
5 | return on equity taking into account the return on | ||||||
6 | equity being received by developers of similar | ||||||
7 | facilities in or outside of Illinois, the need to | ||||||
8 | balance an incentive for clean-coal technology with | ||||||
9 | the need to protect ratepayers from high gas prices, | ||||||
10 | the risks being borne by the clean coal SNG brownfield | ||||||
11 | facility in the final draft sourcing agreement, and any | ||||||
12 | other information that the Commission may deem | ||||||
13 | relevant. The Commission may establish a return on | ||||||
14 | equity that varies with the amount of savings, if any, | ||||||
15 | to customers during the term of the sourcing agreement, | ||||||
16 | comparing the delivered SNG price to a daily weighted | ||||||
17 | average price of natural gas, based upon an index. The | ||||||
18 | Illinois Power Agency shall recommend a return on | ||||||
19 | equity to the Commission using the same criteria. | ||||||
20 | Within 60 days after receiving the final draft sourcing | ||||||
21 | agreement from the Illinois Power Agency, the | ||||||
22 | Commission shall approve the rate of return for the | ||||||
23 | clean coal brownfield facility. Within 30 days after | ||||||
24 | obtaining debt financing for the clean coal SNG | ||||||
25 | brownfield facility, the clean coal SNG brownfield | ||||||
26 | facility shall file a notice with the Commission |
| |||||||
| |||||||
1 | identifying the actual cost of debt. | ||||||
2 | (2) Operations and maintenance costs approved by the | ||||||
3 | Commission shall be recoverable by the clean coal SNG | ||||||
4 | brownfield facility under the sourcing agreement. The | ||||||
5 | operations and maintenance costs mean costs that have been | ||||||
6 | incurred for the administration, supervision, operation, | ||||||
7 | maintenance, preservation, and protection of the clean | ||||||
8 | coal SNG brownfield facility's physical plant. | ||||||
9 | The Capital Development Board shall calculate a range | ||||||
10 | of operations and maintenance costs that it believes would | ||||||
11 | be reasonable for the clean coal SNG brownfield facility to | ||||||
12 | recover under the sourcing agreement, incorporating an
| ||||||
13 | inflation index or combination of inflation indices to
most | ||||||
14 | accurately reflect the actual costs of operating the
clean | ||||||
15 | coal SNG brownfield facility. In making this | ||||||
16 | determination, the Capital Development Board shall review | ||||||
17 | the facility cost report, if any, of the clean coal SNG
| ||||||
18 | brownfield facility, adjusting the results for inflation
| ||||||
19 | based on the change in the Annual Consumer Price Index for
| ||||||
20 | All Urban Consumers for the Midwest Region as published in
| ||||||
21 | April by the United States Department of Labor, Bureau of
| ||||||
22 | Labor Statistics, the final draft of the sourcing | ||||||
23 | agreement, and the rate of return approved by the | ||||||
24 | Commission. In addition, the Capital Development Board may | ||||||
25 | consult as much as it deems necessary with the clean coal | ||||||
26 | SNG brownfield facility and conduct whatever research and |
| |||||||
| |||||||
1 | investigation it deems necessary. As set forth in | ||||||
2 | subparagraph (A) of paragraph (1) of this subsection (h-3), | ||||||
3 | the Capital Development Board shall retain an independent | ||||||
4 | engineering expert to assist in determining both the range | ||||||
5 | of operations and maintenance costs that it believes would | ||||||
6 | be reasonable for the clean coal SNG brownfield facility to | ||||||
7 | recover under the sourcing agreement. The clean coal SNG | ||||||
8 | brownfield facility and the Illinois Power Agency shall | ||||||
9 | cooperate with the Capital Development Board in any | ||||||
10 | investigation it deems necessary. The Capital Development | ||||||
11 | Board shall make its final determination of the range of | ||||||
12 | operations and maintenance costs confidentially and shall | ||||||
13 | submit that range to the Commission in a confidential | ||||||
14 | filing within 120 days after July 13, 2011. | ||||||
15 | The clean coal SNG brownfield facility shall submit to | ||||||
16 | the Commission its estimate of the operations and | ||||||
17 | maintenance costs to be recovered under the sourcing | ||||||
18 | agreement. Only after the clean coal SNG brownfield | ||||||
19 | facility has submitted this estimate shall the Commission | ||||||
20 | publicly announce the range of operations and maintenance | ||||||
21 | costs submitted by the Capital Development Board. In the | ||||||
22 | event that the estimate submitted by the clean coal SNG | ||||||
23 | brownfield facility is within or below the range submitted | ||||||
24 | by the Capital Development Board, the clean coal SNG | ||||||
25 | brownfield facility's estimate shall be approved by the | ||||||
26 | Commission as the amount of operations and maintenance |
| |||||||
| |||||||
1 | costs to be recovered under the sourcing agreement. In the | ||||||
2 | event that the estimate submitted by the clean coal SNG | ||||||
3 | brownfield facility is above the range submitted by the | ||||||
4 | Capital Development Board, the amount of operations and | ||||||
5 | maintenance costs at the lowest end of the range submitted | ||||||
6 | by the Capital Development Board shall be approved by the | ||||||
7 | Commission as the amount of operations and maintenance | ||||||
8 | costs to be recovered under the sourcing agreement. Within | ||||||
9 | 15 days after the Capital Development Board has submitted | ||||||
10 | its range and the clean coal SNG brownfield facility has | ||||||
11 | submitted its estimate, the Commission shall approve the | ||||||
12 | operations and maintenance costs for the clean coal SNG | ||||||
13 | brownfield facility. | ||||||
14 | The clean coal SNG brownfield facility shall pay for | ||||||
15 | the independent engineering expert's reasonable fees and | ||||||
16 | such costs shall not be passed through to a utility or its | ||||||
17 | customers. The clean coal SNG brownfield facility shall pay | ||||||
18 | a reasonable fee as required by the Capital Development | ||||||
19 | Board for the Capital Development Board's services under | ||||||
20 | this subsection (h-3) to be deposited into the Capital | ||||||
21 | Development Board Revolving Fund, and such fee shall not be | ||||||
22 | passed through to a utility or its customers. | ||||||
23 | (3) Sequestration costs approved by the Commission | ||||||
24 | shall be recoverable by the clean coal SNG brownfield | ||||||
25 | facility. "Sequestration costs" means costs to be incurred | ||||||
26 | by the clean coal SNG brownfield facility in accordance |
| |||||||
| |||||||
1 | with its Commission-approved carbon capture and | ||||||
2 | sequestration plan to: | ||||||
3 | (A) capture carbon dioxide; | ||||||
4 | (B) build, operate, and maintain a sequestration | ||||||
5 | site in which carbon dioxide may be injected; | ||||||
6 | (C) build, operate, and maintain a carbon dioxide | ||||||
7 | pipeline; and | ||||||
8 | (D) transport the carbon dioxide to the | ||||||
9 | sequestration site or a pipeline. | ||||||
10 | The Commission shall assess the prudency of the | ||||||
11 | sequestration costs for the clean coal SNG brownfield | ||||||
12 | facility before construction commences at the | ||||||
13 | sequestration site or pipeline. Any revenues the clean coal | ||||||
14 | SNG brownfield facility receives as a result of the | ||||||
15 | capture, transportation, or sequestration of carbon | ||||||
16 | dioxide shall be first credited against all sequestration | ||||||
17 | costs, with the positive balance, if any, treated as | ||||||
18 | additional net revenue. | ||||||
19 | The Commission may, in its discretion, retain an expert | ||||||
20 | to assist in its review of sequestration costs. The clean | ||||||
21 | coal SNG brownfield facility shall pay for the expert's | ||||||
22 | reasonable fees if an expert is retained by the Commission, | ||||||
23 | and such costs shall not be passed through to a utility or | ||||||
24 | its customers. Once made, the Commission's determination | ||||||
25 | of the amount of recoverable sequestration costs shall not | ||||||
26 | be increased unless the clean coal SNG brownfield facility |
| |||||||
| |||||||
1 | can show by clear and convincing evidence that (i) the | ||||||
2 | costs were not reasonably foreseeable; (ii) the costs were | ||||||
3 | due to circumstances beyond the clean coal SNG brownfield | ||||||
4 | facility's control; and (iii) the clean coal SNG brownfield | ||||||
5 | facility took all reasonable steps to mitigate the costs. | ||||||
6 | If the Commission determines that sequestration costs may | ||||||
7 | be increased, the Commission shall provide for notice and a | ||||||
8 | public hearing for approval of the increased sequestration | ||||||
9 | costs. | ||||||
10 | (4) Actual delivered and processed fuel costs shall be | ||||||
11 | set by the Illinois Power Agency through a SNG feedstock | ||||||
12 | procurement, pursuant to Sections 1-20, 1-77, and 1-78 of | ||||||
13 | the Illinois Power Agency Act, to be performed at least | ||||||
14 | every 5 years and purchased by the clean coal SNG | ||||||
15 | brownfield facility pursuant to feedstock procurement | ||||||
16 | contracts developed by the Illinois Power Agency, with coal | ||||||
17 | comprising at least 50% of the total feedstock over the | ||||||
18 | term of the sourcing agreement and petroleum coke | ||||||
19 | comprising the remainder of the SNG feedstock. If the | ||||||
20 | Commission fails to approve a feedstock procurement plan or | ||||||
21 | fails to approve the results of a feedstock procurement | ||||||
22 | event, then the fuel shall be purchased by the company | ||||||
23 | month-by-month on the spot market and those actual | ||||||
24 | delivered and processed fuel costs shall be recoverable | ||||||
25 | under the sourcing agreement. If a supplier defaults under | ||||||
26 | the terms of a procurement contract, then the Illinois |
| |||||||
| |||||||
1 | Power Agency shall immediately initiate a feedstock | ||||||
2 | procurement process to obtain a replacement supply, and, | ||||||
3 | prior to the conclusion of that process, fuel shall be | ||||||
4 | purchased by the company month-by-month on the spot market | ||||||
5 | and those actual delivered and processed fuel costs shall | ||||||
6 | be recoverable under the sourcing agreement. | ||||||
7 | (5) Taxes and fees imposed by the federal government, | ||||||
8 | the State, or any unit of local government applicable to | ||||||
9 | the clean coal SNG brownfield facility, excluding income | ||||||
10 | tax, shall be recoverable by the clean coal SNG brownfield | ||||||
11 | facility under the sourcing agreement to the extent such | ||||||
12 | taxes and fees were not applicable to the facility on July | ||||||
13 | 13, 2011. | ||||||
14 | (6) The actual transportation costs, in accordance | ||||||
15 | with the applicable utility's tariffs, and third-party | ||||||
16 | marketer costs incurred by the company, if any, associated | ||||||
17 | with transporting the SNG from the clean coal SNG | ||||||
18 | brownfield facility to the Chicago City-gate to sell such | ||||||
19 | SNG into the natural gas markets shall be recoverable under | ||||||
20 | the sourcing agreement. | ||||||
21 | (7) Unless otherwise provided, within 30 days after a | ||||||
22 | decision of the Commission on recoverable costs under this | ||||||
23 | Section, any interested party to the Commission's decision | ||||||
24 | may apply for a rehearing with respect to the decision. The | ||||||
25 | Commission shall receive and consider the application for | ||||||
26 | rehearing and shall grant or deny the application in whole |
| |||||||
| |||||||
1 | or in part within 20 days after the date of the receipt of | ||||||
2 | the application by the Commission. If no rehearing is | ||||||
3 | applied for within the required 30 days or an application | ||||||
4 | for rehearing is denied, then the Commission decision shall | ||||||
5 | be final. If an application for rehearing is granted, then | ||||||
6 | the Commission shall hold a rehearing within 30 days after | ||||||
7 | granting the application. The decision of the Commission | ||||||
8 | upon rehearing shall be final. | ||||||
9 | Any person affected by a decision of the Commission | ||||||
10 | under this subsection (h-3) may have the decision reviewed | ||||||
11 | only under and in accordance with the Administrative Review | ||||||
12 | Law. Unless otherwise provided, the provisions of the | ||||||
13 | Administrative Review Law, all amendments and | ||||||
14 | modifications to that Law, and the rules adopted pursuant | ||||||
15 | to that Law shall apply to and govern all proceedings for | ||||||
16 | the judicial review of final administrative decisions of | ||||||
17 | the Commission under this subsection (h-3). The term | ||||||
18 | "administrative decision" is defined as in Section 3-101 of | ||||||
19 | the Code of Civil Procedure. | ||||||
20 | (8) The Capital Development Board shall adopt and make | ||||||
21 | public a policy detailing the process for retaining experts | ||||||
22 | under this Section. Any experts retained to assist with | ||||||
23 | calculating the range of capital costs or operations and | ||||||
24 | maintenance costs shall be retained no later than 45 days | ||||||
25 | after July 13, 2011. | ||||||
26 | (h-4) No later than 90 days after the Illinois Power Agency |
| |||||||
| |||||||
1 | submits the final draft sourcing agreement pursuant to | ||||||
2 | subsection (h-1), the Commission shall approve a sourcing | ||||||
3 | agreement containing (i) the capital costs, rate of return, and | ||||||
4 | operations and maintenance costs established pursuant to | ||||||
5 | subsection (h-3) and (ii) all other terms and conditions, | ||||||
6 | rights, provisions, exceptions, and limitations contained in | ||||||
7 | the final draft sourcing agreement; provided, however, the | ||||||
8 | Commission shall correct typographical and scrivener's errors | ||||||
9 | and modify the contract only as necessary to provide that the | ||||||
10 | gas utility does not have the right to terminate the sourcing | ||||||
11 | agreement due to any future events that may occur other than | ||||||
12 | the clean coal SNG brownfield facility's failure to timely meet | ||||||
13 | milestones, uncured default, extended force majeure, or | ||||||
14 | abandonment. Once the sourcing agreement is approved, then the | ||||||
15 | gas utility subject to that sourcing agreement shall have 45 | ||||||
16 | days after the date of the Commission's approval to enter into | ||||||
17 | the sourcing agreement. | ||||||
18 | (h-5) Sequestration enforcement. | ||||||
19 | (A) All contracts entered into under subsection (h) of | ||||||
20 | this Section and all sourcing agreements under subsection | ||||||
21 | (h-1) of this Section, regardless of duration, shall | ||||||
22 | require the owner of any facility supplying SNG under the | ||||||
23 | contract or sourcing agreement to provide certified | ||||||
24 | documentation to the Commission each year, starting in the | ||||||
25 | facility's first year of commercial operation, accurately | ||||||
26 | reporting the quantity of carbon dioxide emissions from the |
| |||||||
| |||||||
1 | facility that have been captured and sequestered and | ||||||
2 | reporting any quantities of carbon dioxide released from | ||||||
3 | the site or sites at which carbon dioxide emissions were | ||||||
4 | sequestered in prior years, based on continuous monitoring | ||||||
5 | of those sites. | ||||||
6 | (B) If, in any year, the owner of the clean coal SNG | ||||||
7 | facility fails to demonstrate that the SNG facility | ||||||
8 | captured and sequestered at least 90% of the total carbon | ||||||
9 | dioxide emissions that the facility would otherwise emit or | ||||||
10 | that sequestration of emissions from prior years has | ||||||
11 | failed, resulting in the release of carbon dioxide into the | ||||||
12 | atmosphere, then the owner of the clean coal SNG facility | ||||||
13 | must pay a penalty of $20 per ton of excess carbon dioxide | ||||||
14 | emissions not to exceed $40,000,000, in any given year | ||||||
15 | which shall be deposited into the Energy Efficiency Trust | ||||||
16 | Fund and distributed pursuant to subsection (b) of Section | ||||||
17 | 6-6 of the Renewable Energy, Energy Efficiency, and Coal | ||||||
18 | Resources Development Law of 1997. On or before the 5-year | ||||||
19 | anniversary of the execution of the contract and every 5 | ||||||
20 | years thereafter, an expert hired by the owner of the | ||||||
21 | facility with the approval of the Attorney General shall | ||||||
22 | conduct an analysis to determine the cost of sequestration | ||||||
23 | of at least 90% of the total carbon dioxide emissions the | ||||||
24 | plant would otherwise emit. If the analysis shows that the | ||||||
25 | actual annual cost is greater than the penalty, then the | ||||||
26 | penalty shall be increased to equal the actual cost. |
| |||||||
| |||||||
1 | Provided, however, to the extent that the owner of the | ||||||
2 | facility described in subsection (h) of this Section can | ||||||
3 | demonstrate that the failure was as a result of acts of God | ||||||
4 | (including fire, flood, earthquake, tornado, lightning, | ||||||
5 | hurricane, or other natural disaster); any amendment, | ||||||
6 | modification, or abrogation of any applicable law or | ||||||
7 | regulation that would prevent performance; war; invasion; | ||||||
8 | act of foreign enemies; hostilities (regardless of whether | ||||||
9 | war is declared); civil war; rebellion; revolution; | ||||||
10 | insurrection; military or usurped power or confiscation; | ||||||
11 | terrorist activities; civil disturbance; riots; | ||||||
12 | nationalization; sabotage; blockage; or embargo, the owner | ||||||
13 | of the facility described in subsection (h) of this Section | ||||||
14 | shall not be subject to a penalty if and only if (i) it | ||||||
15 | promptly provides notice of its failure to the Commission; | ||||||
16 | (ii) as soon as practicable and consistent with any order | ||||||
17 | or direction from the Commission, it submits to the | ||||||
18 | Commission proposed modifications to its carbon capture | ||||||
19 | and sequestration plan; and (iii) it carries out its | ||||||
20 | proposed modifications in the manner and time directed by | ||||||
21 | the Commission. | ||||||
22 | If the Commission finds that the facility has not | ||||||
23 | satisfied each of these requirements, then the facility | ||||||
24 | shall be subject to the penalty. If the owner of the clean | ||||||
25 | coal SNG facility captured and sequestered more than 90% of | ||||||
26 | the total carbon dioxide emissions that the facility would |
| |||||||
| |||||||
1 | otherwise emit, then the owner of the facility may credit | ||||||
2 | such additional amounts to reduce the amount of any future | ||||||
3 | penalty to be paid. The penalty resulting from the failure | ||||||
4 | to capture and sequester at least the minimum amount of | ||||||
5 | carbon dioxide shall not be passed on to a utility or its | ||||||
6 | customers. | ||||||
7 | If the clean coal SNG facility fails to meet the | ||||||
8 | requirements specified in this subsection (h-5), then the | ||||||
9 | Attorney General, on behalf of the People of the State of | ||||||
10 | Illinois, shall bring an action to enforce the obligations | ||||||
11 | related to the facility set forth in this subsection (h-5), | ||||||
12 | including any penalty payments owed, but not including the | ||||||
13 | physical obligation to capture and sequester at least 90% | ||||||
14 | of the total carbon dioxide emissions that the facility | ||||||
15 | would otherwise emit. Such action may be filed in any | ||||||
16 | circuit court in Illinois. By entering into a contract | ||||||
17 | pursuant to subsection (h) of this Section, the clean coal | ||||||
18 | SNG facility agrees to waive any objections to venue or to | ||||||
19 | the jurisdiction of the court with regard to the Attorney | ||||||
20 | General's action under this subsection (h-5). | ||||||
21 | Compliance with the sequestration requirements and any | ||||||
22 | penalty requirements specified in this subsection (h-5) | ||||||
23 | for the clean coal SNG facility shall be assessed annually | ||||||
24 | by the Commission, which may in its discretion retain an | ||||||
25 | expert to facilitate its assessment. If any expert is | ||||||
26 | retained by the Commission, then the clean coal SNG |
| |||||||
| |||||||
1 | facility shall pay for the expert's reasonable fees, and | ||||||
2 | such costs shall not be passed through to the utility or | ||||||
3 | its customers. | ||||||
4 | In addition, carbon dioxide emission credits received | ||||||
5 | by the clean coal SNG facility in connection with | ||||||
6 | sequestration of carbon dioxide from the facility must be | ||||||
7 | sold in a timely fashion with any revenue, less applicable | ||||||
8 | fees and expenses and any expenses required to be paid by | ||||||
9 | facility for carbon dioxide transportation or | ||||||
10 | sequestration, deposited into the reconciliation account | ||||||
11 | within 30 days after receipt of such funds by the owner of | ||||||
12 | the clean coal SNG facility. | ||||||
13 | The clean coal SNG facility is prohibited from | ||||||
14 | transporting or sequestering carbon dioxide unless the | ||||||
15 | owner of the carbon dioxide pipeline that transfers the | ||||||
16 | carbon dioxide from the facility and the owner of the | ||||||
17 | sequestration site where the carbon dioxide captured by the | ||||||
18 | facility is stored has acquired all applicable permits | ||||||
19 | under applicable State and federal laws, statutes, rules, | ||||||
20 | or regulations prior to the transfer or sequestration of | ||||||
21 | carbon dioxide. The responsibility for compliance with the | ||||||
22 | sequestration requirements specified in this subsection | ||||||
23 | (h-5) for the clean coal SNG facility shall reside solely | ||||||
24 | with the clean coal SNG facility, regardless of whether the | ||||||
25 | facility has contracted with another party to capture, | ||||||
26 | transport, or sequester carbon dioxide. |
| |||||||
| |||||||
1 | (C) If, in any year, the owner of a clean coal SNG | ||||||
2 | brownfield facility fails to demonstrate that the clean | ||||||
3 | coal SNG brownfield facility captured and sequestered at | ||||||
4 | least 85% of the total carbon dioxide emissions that the | ||||||
5 | facility would otherwise emit, then the owner of the clean | ||||||
6 | coal SNG brownfield facility must pay a penalty of $20 per | ||||||
7 | ton of excess carbon emissions up to $20,000,000, which | ||||||
8 | shall be deposited into the Energy Efficiency Trust Fund | ||||||
9 | and distributed pursuant to subsection (b) of Section 6-6 | ||||||
10 | of the Renewable Energy, Energy Efficiency, and Coal | ||||||
11 | Resources Development Law of 1997. Provided, however, to | ||||||
12 | the extent that the owner of the clean coal SNG brownfield | ||||||
13 | facility can demonstrate that the failure was as a result | ||||||
14 | of acts of God (including fire, flood, earthquake, tornado, | ||||||
15 | lightning, hurricane, or other natural disaster); any | ||||||
16 | amendment, modification, or abrogation of any applicable | ||||||
17 | law or regulation that would prevent performance; war; | ||||||
18 | invasion; act of foreign enemies; hostilities (regardless | ||||||
19 | of whether war is declared); civil war; rebellion; | ||||||
20 | revolution; insurrection; military or usurped power or | ||||||
21 | confiscation; terrorist activities; civil disturbances; | ||||||
22 | riots; nationalization; sabotage; blockage; or embargo, | ||||||
23 | the owner of the clean coal SNG brownfield facility shall | ||||||
24 | not be subject to a penalty if and only if (i) it promptly | ||||||
25 | provides notice of its failure to the Commission; (ii) as | ||||||
26 | soon as practicable and consistent with any order or |
| |||||||
| |||||||
1 | direction from the Commission, it submits to the Commission | ||||||
2 | proposed modifications to its carbon capture and | ||||||
3 | sequestration plan; and (iii) it carries out its proposed | ||||||
4 | modifications in the manner and time directed by the | ||||||
5 | Commission. If the Commission finds that the facility has | ||||||
6 | not satisfied each of these requirements, then the facility | ||||||
7 | shall be subject to the penalty. If the owner of a clean | ||||||
8 | coal SNG brownfield facility demonstrates that the clean | ||||||
9 | coal SNG brownfield facility captured and sequestered more | ||||||
10 | than 85% of the total carbon emissions that the facility | ||||||
11 | would otherwise emit, the owner of the clean coal SNG | ||||||
12 | brownfield facility may credit such additional amounts to | ||||||
13 | reduce the amount of any future penalty to be paid. The | ||||||
14 | penalty resulting from the failure to capture and sequester | ||||||
15 | at least the minimum amount of carbon dioxide shall not be | ||||||
16 | passed on to a utility or its customers. | ||||||
17 | In addition to any penalty for the clean coal SNG | ||||||
18 | brownfield facility's failure to capture and sequester at | ||||||
19 | least its minimum sequestration requirement, the Attorney | ||||||
20 | General, on behalf of the People of the State of Illinois, | ||||||
21 | shall bring an action for specific performance of this | ||||||
22 | subsection (h-5). Such action may be filed in any circuit | ||||||
23 | court in Illinois. By entering into a sourcing agreement | ||||||
24 | pursuant to subsection (h-1) of this Section, the clean | ||||||
25 | coal SNG brownfield facility agrees to waive any objections | ||||||
26 | to venue or to the jurisdiction of the court with regard to |
| |||||||
| |||||||
1 | the Attorney General's action for specific performance | ||||||
2 | under this subsection (h-5). | ||||||
3 | Compliance with the sequestration requirements and | ||||||
4 | penalty requirements specified in this subsection (h-5) | ||||||
5 | for the clean coal SNG brownfield facility shall be | ||||||
6 | assessed annually by the Commission, which may in its | ||||||
7 | discretion retain an expert to facilitate its assessment. | ||||||
8 | If an expert is retained by the Commission, then the clean | ||||||
9 | coal SNG brownfield facility shall pay for the expert's | ||||||
10 | reasonable fees, and such costs shall not be passed through | ||||||
11 | to a utility or its customers. A SNG facility operating | ||||||
12 | pursuant to this subsection (h-5) shall not forfeit its | ||||||
13 | designation as a clean coal SNG facility or a clean coal | ||||||
14 | SNG brownfield facility if the facility fails to fully | ||||||
15 | comply with the applicable carbon sequestration | ||||||
16 | requirements in any given year, provided the requisite | ||||||
17 | offsets are purchased or requisite penalties are paid. | ||||||
18 | Responsibility for compliance with the sequestration | ||||||
19 | requirements specified in this subsection (h-5) for the | ||||||
20 | clean coal SNG brownfield facility shall reside solely with | ||||||
21 | the clean coal SNG brownfield facility regardless of | ||||||
22 | whether the facility has contracted with another party to | ||||||
23 | capture, transport, or sequester carbon dioxide.
| ||||||
24 | (h-7) Sequestration permitting, oversight, and | ||||||
25 | investigations. | ||||||
26 | (1) No clean coal facility or clean coal SNG brownfield |
| |||||||
| |||||||
1 | facility may transport or sequester carbon dioxide unless | ||||||
2 | the Commission approves the method of carbon dioxide | ||||||
3 | transportation or sequestration. Such approval shall be | ||||||
4 | required regardless of whether the facility has contracted | ||||||
5 | with another to transport or sequester the carbon dioxide. | ||||||
6 | Nothing in this subsection (h-7) shall release the owner or | ||||||
7 | operator of a carbon dioxide sequestration site or carbon | ||||||
8 | dioxide pipeline from any other permitting requirements | ||||||
9 | under applicable State and federal laws, statutes, rules, | ||||||
10 | or regulations. | ||||||
11 | (2) The Commission shall review carbon dioxide | ||||||
12 | transportation and sequestration methods proposed by a | ||||||
13 | clean coal facility or a clean coal SNG brownfield facility | ||||||
14 | and shall approve those methods it deems reasonable and | ||||||
15 | cost-effective. For purposes of this review, | ||||||
16 | "cost-effective" means a commercially reasonable price for | ||||||
17 | similar carbon dioxide transportation or sequestration | ||||||
18 | techniques. In determining whether sequestration is | ||||||
19 | reasonable and cost-effective, the Commission may consult | ||||||
20 | with the Illinois State Geological Survey and retain third | ||||||
21 | parties to assist in its determination, provided that such | ||||||
22 | third parties shall not own or control any direct or | ||||||
23 | indirect interest in the facility that is proposing the | ||||||
24 | carbon dioxide transportation or the carbon dioxide | ||||||
25 | sequestration method and shall have no contractual | ||||||
26 | relationship with that facility. If a third party is |
| |||||||
| |||||||
1 | retained by the Commission, then the facility proposing the | ||||||
2 | carbon dioxide transportation or sequestration method | ||||||
3 | shall pay for the expert's reasonable fees, and these costs | ||||||
4 | shall not be passed through to a utility or its customers. | ||||||
5 | No later than 6 months prior to the date upon which the | ||||||
6 | owner intends to commence construction of a clean coal | ||||||
7 | facility or the clean coal SNG brownfield facility, the | ||||||
8 | owner of the facility shall file with the Commission a | ||||||
9 | carbon dioxide transportation or sequestration plan. The | ||||||
10 | Commission shall hold a public hearing within 30 days after | ||||||
11 | receipt of the facility's carbon dioxide transportation or | ||||||
12 | sequestration plan. The Commission shall post notice of the | ||||||
13 | review on its website upon submission of a carbon dioxide | ||||||
14 | transportation or sequestration method and shall accept | ||||||
15 | written public comments. The Commission shall take the | ||||||
16 | comments into account when making its decision. | ||||||
17 | The Commission may not approve a carbon dioxide | ||||||
18 | sequestration method if the owner or operator of the | ||||||
19 | sequestration site has not received (i) an Underground | ||||||
20 | Injection Control permit from the United States | ||||||
21 | Environmental Protection Agency, or from the Illinois | ||||||
22 | Environmental Protection Agency pursuant to the | ||||||
23 | Environmental Protection Act; (ii) an Underground | ||||||
24 | Injection Control permit from the Illinois Department of | ||||||
25 | Natural Resources pursuant to the Illinois Oil and Gas Act; | ||||||
26 | or (iii) an Underground Injection Control permit from the |
| |||||||
| |||||||
1 | United States Environmental Protection Agency or a permit | ||||||
2 | similar to items (i) or (ii) from the state in which the | ||||||
3 | sequestration site is located if the sequestration will | ||||||
4 | take place outside of Illinois. The Commission shall | ||||||
5 | approve or deny the carbon dioxide transportation or | ||||||
6 | sequestration method within 90 days after the receipt of | ||||||
7 | all required information. | ||||||
8 | (3) At least annually, the Illinois Environmental | ||||||
9 | Protection Agency shall inspect all carbon dioxide | ||||||
10 | sequestration sites in Illinois. The Illinois | ||||||
11 | Environmental Protection Agency may, as often as deemed | ||||||
12 | necessary, monitor and conduct investigations of those | ||||||
13 | sites. The owner or operator of the sequestration site must | ||||||
14 | cooperate with the Illinois Environmental Protection | ||||||
15 | Agency investigations of carbon dioxide sequestration | ||||||
16 | sites. | ||||||
17 | If the Illinois Environmental Protection Agency | ||||||
18 | determines at any time a site creates conditions that | ||||||
19 | warrant the issuance of a seal order under Section 34 of | ||||||
20 | the Environmental Protection Act, then the Illinois | ||||||
21 | Environmental Protection Agency shall seal the site | ||||||
22 | pursuant to the Environmental Protection Act. If the | ||||||
23 | Illinois Environmental Protection Agency determines at any | ||||||
24 | time a carbon dioxide sequestration site creates | ||||||
25 | conditions that warrant the institution of a civil action | ||||||
26 | for an injunction under Section 43 of the Environmental |
| |||||||
| |||||||
1 | Protection Act, then the Illinois Environmental Protection | ||||||
2 | Agency shall request the State's Attorney or the Attorney | ||||||
3 | General institute such action. The Illinois Environmental | ||||||
4 | Protection Agency shall provide notice of any such actions | ||||||
5 | as soon as possible on its website. The SNG facility shall | ||||||
6 | incur all reasonable costs associated with any such | ||||||
7 | inspection or monitoring of the sequestration sites, and | ||||||
8 | these costs shall not be recoverable from utilities or | ||||||
9 | their customers. | ||||||
10 | (4) (Blank). | ||||||
11 | (h-9) The clean coal SNG brownfield facility shall have the | ||||||
12 | right to recover prudently incurred increased costs or reduced | ||||||
13 | revenue resulting from any new or amendatory legislation or | ||||||
14 | other action. The State of Illinois pledges that the State will | ||||||
15 | not enact any law or take any action to: | ||||||
16 | (1) break, or repeal the authority for, sourcing | ||||||
17 | agreements approved by the Commission and entered into | ||||||
18 | between public utilities and the clean coal SNG brownfield | ||||||
19 | facility; | ||||||
20 | (2) deny public utilities full cost recovery for their | ||||||
21 | costs incurred under those sourcing agreements; or | ||||||
22 | (3) deny the clean coal SNG brownfield facility full | ||||||
23 | cost and revenue recovery as provided under those sourcing | ||||||
24 | agreements that are recoverable pursuant to subsection | ||||||
25 | (h-3) of this Section. | ||||||
26 | These pledges are for the benefit of the parties to those |
| |||||||
| |||||||
1 | sourcing agreements and the issuers and holders of bonds or | ||||||
2 | other obligations issued or incurred to finance or refinance | ||||||
3 | the clean coal SNG brownfield facility. The clean coal SNG | ||||||
4 | brownfield facility is authorized to include and refer to these | ||||||
5 | pledges in any financing agreement into which it may enter in | ||||||
6 | regard to those sourcing agreements. | ||||||
7 | The State of Illinois retains and reserves all other rights | ||||||
8 | to enact new or amendatory legislation or take any other | ||||||
9 | action, without impairment of the right of the clean coal SNG | ||||||
10 | brownfield facility to recover prudently incurred increased | ||||||
11 | costs or reduced revenue resulting from the new or amendatory | ||||||
12 | legislation or other action, including, but not limited to, | ||||||
13 | such legislation or other action that would (i) directly or | ||||||
14 | indirectly raise the costs the clean coal SNG brownfield | ||||||
15 | facility must incur; (ii) directly or indirectly place | ||||||
16 | additional restrictions, regulations, or requirements on the | ||||||
17 | clean coal SNG brownfield facility; (iii) prohibit | ||||||
18 | sequestration in general or prohibit a specific sequestration | ||||||
19 | method or project; or (iv) increase minimum sequestration | ||||||
20 | requirements for the clean coal SNG brownfield facility to the | ||||||
21 | extent technically feasible. The clean coal SNG brownfield | ||||||
22 | facility shall have the right to recover prudently incurred | ||||||
23 | increased costs or reduced revenue resulting from the new or | ||||||
24 | amendatory legislation or other action as described in this | ||||||
25 | subsection (h-9). | ||||||
26 | (h-10) Contract costs for SNG incurred by an Illinois gas |
| |||||||
| |||||||
1 | utility are reasonable and prudent and recoverable through the | ||||||
2 | purchased gas adjustment clause and are not subject to review | ||||||
3 | or disallowance by the Commission. Contract costs are costs | ||||||
4 | incurred by the utility under the terms of a contract that | ||||||
5 | incorporates the terms stated in subsection (h) of this Section | ||||||
6 | as confirmed in writing by the Illinois Power Agency as set | ||||||
7 | forth in subsection (h) of this Section, which confirmation | ||||||
8 | shall be deemed conclusive, or as a consequence of or condition | ||||||
9 | to its performance under the contract, including (i) amounts | ||||||
10 | paid for SNG under the SNG contract and (ii) costs of | ||||||
11 | transportation and storage services of SNG purchased from | ||||||
12 | interstate pipelines under federally approved tariffs. The | ||||||
13 | Illinois gas utility shall initiate a clean coal SNG facility | ||||||
14 | rider mechanism that (A) shall be applicable to all customers | ||||||
15 | who receive transportation service from the utility, (B) shall | ||||||
16 | be designed to have an equal percentage impact on the | ||||||
17 | transportation services rates of each class of the utility's | ||||||
18 | total customers, and (C) shall accurately reflect the net | ||||||
19 | customer savings, if any, and above market costs, if any, under | ||||||
20 | the SNG contract. Any contract, the terms of which have been | ||||||
21 | confirmed in writing by the Illinois Power Agency as set forth | ||||||
22 | in subsection (h) of this Section and the performance of the | ||||||
23 | parties under such contract cannot be grounds for challenging | ||||||
24 | prudence or cost recovery by the utility through the purchased | ||||||
25 | gas adjustment clause, and in such cases, the Commission is | ||||||
26 | directed not to consider, and has no authority to consider, any |
| |||||||
| |||||||
1 | attempted challenges. | ||||||
2 | The contracts entered into by Illinois gas utilities | ||||||
3 | pursuant to subsection (h) of this Section shall provide that | ||||||
4 | the utility retains the right to terminate the contract without | ||||||
5 | further obligation or liability to any party if the contract | ||||||
6 | has been impaired as a result of any legislative, | ||||||
7 | administrative, judicial, or other governmental action that is | ||||||
8 | taken that eliminates all or part of the prudence protection of | ||||||
9 | this subsection (h-10) or denies the recoverability of all or | ||||||
10 | part of the contract costs through the purchased gas adjustment | ||||||
11 | clause. Should any Illinois gas utility exercise its right | ||||||
12 | under this subsection (h-10) to terminate the contract, all | ||||||
13 | contract costs incurred prior to termination are and will be | ||||||
14 | deemed reasonable, prudent, and recoverable as and when | ||||||
15 | incurred and not subject to review or disallowance by the | ||||||
16 | Commission. Any order, issued by the State requiring or | ||||||
17 | authorizing the discontinuation of the merchant function, | ||||||
18 | defined as the purchase and sale of natural gas by an Illinois | ||||||
19 | gas utility for the ultimate consumer in its service territory | ||||||
20 | shall include provisions necessary to prevent the impairment of | ||||||
21 | the value of any contract hereunder over its full term. | ||||||
22 | (h-11) All costs incurred by an Illinois gas utility in | ||||||
23 | procuring SNG from a clean coal SNG brownfield facility | ||||||
24 | pursuant to subsection (h-1) or a third-party marketer pursuant | ||||||
25 | to subsection (h-1) are reasonable and prudent and recoverable | ||||||
26 | through the purchased gas adjustment clause in conjunction with
|
| |||||||
| |||||||
1 | a SNG brownfield facility rider mechanism and are not subject | ||||||
2 | to review or disallowance by the Commission; provided that
if a | ||||||
3 | utility is required by law or otherwise elects to connect
the | ||||||
4 | clean coal SNG brownfield facility to an interstate
pipeline, | ||||||
5 | then the utility shall be entitled to recover
pursuant to its | ||||||
6 | tariffs all just and reasonable costs that are
prudently | ||||||
7 | incurred. Sourcing agreement costs are costs incurred by the | ||||||
8 | utility under the terms of a sourcing agreement that | ||||||
9 | incorporates the terms stated in subsection (h-1) of this | ||||||
10 | Section as approved by the Commission as set forth in | ||||||
11 | subsection (h-4) of this Section, which approval shall be | ||||||
12 | deemed conclusive, or as a consequence of or condition to its | ||||||
13 | performance under the contract, including (i) amounts paid for | ||||||
14 | SNG under the SNG contract and (ii) costs of transportation and | ||||||
15 | storage services of SNG purchased from interstate pipelines | ||||||
16 | under federally approved tariffs. Any sourcing agreement, the | ||||||
17 | terms of which have been approved by the Commission as set | ||||||
18 | forth in subsection (h-4) of this Section, and the performance | ||||||
19 | of the parties under the sourcing agreement cannot be grounds | ||||||
20 | for challenging prudence or cost recovery by the utility, and | ||||||
21 | in these cases, the Commission is directed not to consider, and | ||||||
22 | has no authority to consider, any attempted challenges. | ||||||
23 | (h-15) Reconciliation account. The clean coal SNG facility | ||||||
24 | shall establish a reconciliation account for the benefit of the | ||||||
25 | retail customers of the utilities that have entered into | ||||||
26 | contracts with the clean coal SNG facility pursuant to |
| |||||||
| |||||||
1 | subsection (h). The reconciliation account shall be maintained | ||||||
2 | and administered by an independent trustee that is mutually | ||||||
3 | agreed upon by the owners of the clean coal SNG facility, the | ||||||
4 | utilities, and the Commission in an interest-bearing account in | ||||||
5 | accordance with the following: | ||||||
6 | (1) The clean coal SNG facility shall conduct an | ||||||
7 | analysis annually within 60 days after receiving the | ||||||
8 | necessary cost information, which shall be provided by the | ||||||
9 | gas utility within 6 months after the end of the preceding | ||||||
10 | calendar year, to determine (i) the average annual contract | ||||||
11 | SNG cost, which shall be calculated as the total amount | ||||||
12 | paid for SNG purchased from the clean coal SNG facility | ||||||
13 | over the preceding 12 months, plus the cost to the utility | ||||||
14 | of the required transportation and storage services of SNG, | ||||||
15 | divided by the total number of MMBtus of SNG actually | ||||||
16 | purchased from the clean coal SNG facility in the preceding | ||||||
17 | 12 months under the utility contract; (ii) the average | ||||||
18 | annual natural gas purchase cost, which shall be calculated | ||||||
19 | as the total annual supply costs paid for baseload natural | ||||||
20 | gas (excluding any SNG) purchased by such utility over the | ||||||
21 | preceding 12 months plus the costs of transportation and | ||||||
22 | storage services of such natural gas (excluding such costs | ||||||
23 | for SNG), divided by the total number of MMbtus of baseload | ||||||
24 | natural gas (excluding SNG) actually purchased by the | ||||||
25 | utility during the year; (iii) the cost differential, which | ||||||
26 | shall be the difference between the average annual contract |
| |||||||
| |||||||
1 | SNG cost and the average annual natural gas purchase cost; | ||||||
2 | and (iv) the revenue share target which shall be the cost | ||||||
3 | differential multiplied by the total amount of SNG | ||||||
4 | purchased over the preceding 12 months under such utility | ||||||
5 | contract. | ||||||
6 | (A) To the extent the annual average contract SNG | ||||||
7 | cost is less than the annual average natural gas | ||||||
8 | purchase cost, the utility shall credit an amount equal | ||||||
9 | to the revenue share target to the reconciliation | ||||||
10 | account. Such credit payment shall be made monthly | ||||||
11 | starting within 30 days after the completed analysis in | ||||||
12 | this subsection (h-15) and based on collections from | ||||||
13 | all customers via a line item charge in all customer | ||||||
14 | bills designed to have an equal percentage impact on | ||||||
15 | the transportation services of each class of | ||||||
16 | customers. Credit payments made pursuant to this | ||||||
17 | subparagraph (A) shall be deemed prudent and | ||||||
18 | reasonable and not subject to Commission prudence | ||||||
19 | review. | ||||||
20 | (B) To the extent the annual average contract SNG | ||||||
21 | cost is greater than the annual average natural gas | ||||||
22 | purchase cost, the reconciliation account shall be | ||||||
23 | used to provide a credit equal to the revenue share | ||||||
24 | target to the utilities to be used to reduce the | ||||||
25 | utility's natural gas costs through the purchased gas | ||||||
26 | adjustment clause. Such payment shall be made within 30 |
| |||||||
| |||||||
1 | days after the completed analysis pursuant to this | ||||||
2 | subsection (h-15), but only to the extent that the | ||||||
3 | reconciliation account has a positive balance. | ||||||
4 | (2) At the conclusion of the term of the SNG contracts | ||||||
5 | pursuant to subsection (h) and the completion of the final | ||||||
6 | annual analysis pursuant to this subsection (h-15), to the | ||||||
7 | extent the facility owes any amount to retail customers, | ||||||
8 | amounts in the account shall be credited to retail | ||||||
9 | customers to the extent the owed amount is repaid; 50% of | ||||||
10 | any additional amount in the reconciliation account shall | ||||||
11 | be distributed to the utilities to be used to reduce the | ||||||
12 | utilities' natural gas costs through the purchase gas | ||||||
13 | adjustment clause with the remaining amount distributed to | ||||||
14 | the clean coal SNG facility. Such payment shall be made | ||||||
15 | within 30 days after the last completed analysis pursuant | ||||||
16 | to this subsection (h-15). If the facility has repaid all | ||||||
17 | owed amounts, if any, to retail customers and has | ||||||
18 | distributed 50% of any additional amount in the account to | ||||||
19 | the utilities, then the owners of the clean coal SNG | ||||||
20 | facility shall have no further obligation to the utility or | ||||||
21 | the retail customers. | ||||||
22 | If, at the conclusion of the term of the contracts | ||||||
23 | pursuant to subsection (h) and the completion of the final | ||||||
24 | annual analysis pursuant to this subsection (h-15), the | ||||||
25 | facility owes any amount to retail customers and the | ||||||
26 | account has been depleted, then the clean coal SNG facility |
| |||||||
| |||||||
1 | shall be liable for any remaining amount owed to the retail | ||||||
2 | customers. The clean coal SNG facility shall market the | ||||||
3 | daily production of SNG and distribute on a monthly basis | ||||||
4 | 5% of the amounts collected with respect to such future | ||||||
5 | sales to the utilities in proportion to each utility's SNG | ||||||
6 | contract to be used to reduce the utility's natural gas | ||||||
7 | costs through the purchase gas adjustment clause; such | ||||||
8 | payments to the utility shall continue until either 15 | ||||||
9 | years after the conclusion of the contract or such time as | ||||||
10 | the sum of such payments equals the remaining amount owed | ||||||
11 | to the retail customers at the end of the contract, | ||||||
12 | whichever is earlier. If the debt to the retail customers | ||||||
13 | is not repaid within 15 years after the conclusion of the | ||||||
14 | contract, then the owner of the clean coal SNG facility | ||||||
15 | must sell the facility, and all proceeds from that sale | ||||||
16 | must be used to repay any amount owed to the retail | ||||||
17 | customers under this subsection (h-15). | ||||||
18 | The retail customers shall have first priority in | ||||||
19 | recovering that debt above any creditors, except the | ||||||
20 | secured lenders to the extent that the secured lenders have | ||||||
21 | any secured debt outstanding, including any parent | ||||||
22 | companies or affiliates of the clean coal SNG facility. | ||||||
23 | (3) 50% of all additional net revenue, defined as | ||||||
24 | miscellaneous net revenue after cost allowance and above | ||||||
25 | the budgeted estimate established for revenue pursuant to | ||||||
26 | subsection (h), including sale of substitute natural gas |
| |||||||
| |||||||
1 | derived from the clean coal SNG facility above the | ||||||
2 | nameplate capacity of the facility and other by-products | ||||||
3 | produced by the facility, shall be credited to the | ||||||
4 | reconciliation account on an annual basis with such payment | ||||||
5 | made within 30 days after the end of each calendar year | ||||||
6 | during the term of the contract. | ||||||
7 | (4) The clean coal SNG facility shall each year, | ||||||
8 | starting in the facility's first year of commercial | ||||||
9 | operation, file with the Commission, in such form as the | ||||||
10 | Commission shall require, a report as to the reconciliation | ||||||
11 | account. The annual report must contain the following | ||||||
12 | information: | ||||||
13 | (A) the revenue share target amount; | ||||||
14 | (B) the amount credited or debited to the | ||||||
15 | reconciliation account during the year; | ||||||
16 | (C) the amount credited to the utilities to be used | ||||||
17 | to reduce the utilities natural gas costs though the | ||||||
18 | purchase gas adjustment clause; | ||||||
19 | (D) the total amount of reconciliation account at | ||||||
20 | the beginning and end of the year; | ||||||
21 | (E) the total amount of consumer savings to date; | ||||||
22 | and | ||||||
23 | (F) any additional information the Commission may | ||||||
24 | require. | ||||||
25 | When any report is erroneous or defective or appears to the | ||||||
26 | Commission to be erroneous or defective, the Commission may |
| |||||||
| |||||||
1 | notify the clean coal SNG facility to amend the report within | ||||||
2 | 30 days; before or after the termination of the 30-day period, | ||||||
3 | the Commission may examine the trustee of the reconciliation | ||||||
4 | account or the officers, agents, employees, books, records, or | ||||||
5 | accounts of the clean coal SNG facility and correct such items | ||||||
6 | in the report as upon such examination the Commission may find | ||||||
7 | defective or erroneous. All reports shall be under oath. | ||||||
8 | All reports made to the Commission by the clean coal SNG | ||||||
9 | facility and the contents of the reports shall be open to | ||||||
10 | public inspection and shall be deemed a public record under the | ||||||
11 | Freedom of Information Act. Such reports shall be preserved in | ||||||
12 | the office of the Commission. The Commission shall publish an | ||||||
13 | annual summary of the reports prior to February 1 of the | ||||||
14 | following year. The annual summary shall be made available to | ||||||
15 | the public on the Commission's website and shall be submitted | ||||||
16 | to the General Assembly. | ||||||
17 | Any facility that fails to file the report required under | ||||||
18 | this paragraph (4) to the Commission within the time specified | ||||||
19 | or to make specific answer to any question propounded by the | ||||||
20 | Commission within 30 days after the time it is lawfully | ||||||
21 | required to do so, or within such further time not to exceed 90 | ||||||
22 | days as may be allowed by the Commission in its discretion, | ||||||
23 | shall pay a penalty of $500 to the Commission for each day it | ||||||
24 | is in default. | ||||||
25 | Any person who willfully makes any false report to the | ||||||
26 | Commission or to any member, officer, or employee thereof, any |
| |||||||
| |||||||
1 | person who willfully in a report withholds or fails to provide | ||||||
2 | material information to which the Commission is entitled under | ||||||
3 | this paragraph (4) and which information is either required to | ||||||
4 | be filed by statute, rule, regulation, order, or decision of | ||||||
5 | the Commission or has been requested by the Commission, and any | ||||||
6 | person who willfully aids or abets such person shall be guilty | ||||||
7 | of a Class A misdemeanor. | ||||||
8 | (h-20) The General Assembly authorizes the Illinois | ||||||
9 | Finance Authority to issue bonds to the maximum extent | ||||||
10 | permitted to finance coal gasification facilities described in | ||||||
11 | this Section, which constitute both "industrial projects" | ||||||
12 | under Article 801 of the Illinois Finance Authority Act and | ||||||
13 | "clean coal and energy projects" under Sections 825-65 through | ||||||
14 | 825-75 of the Illinois Finance Authority Act. | ||||||
15 | Administrative costs incurred by the Illinois Finance | ||||||
16 | Authority in performance of this subsection (h-20) shall be | ||||||
17 | subject to reimbursement by the clean coal SNG facility on | ||||||
18 | terms as the Illinois Finance Authority and the clean coal SNG | ||||||
19 | facility may agree. The utility and its customers shall have no | ||||||
20 | obligation to reimburse the clean coal SNG facility or the | ||||||
21 | Illinois Finance Authority for any such costs. | ||||||
22 | (h-25) The State of Illinois pledges that the State may not | ||||||
23 | enact any law or take any action to (1) break or repeal the | ||||||
24 | authority for SNG purchase contracts entered into between | ||||||
25 | public gas utilities and the clean coal SNG facility pursuant | ||||||
26 | to subsection (h) of this Section or (2) deny public gas |
| |||||||
| |||||||
1 | utilities their full cost recovery for contract costs, as | ||||||
2 | defined in subsection (h-10), that are incurred under such SNG | ||||||
3 | purchase contracts. These pledges are for the benefit of the | ||||||
4 | parties to such SNG purchase contracts and the issuers and | ||||||
5 | holders of bonds or other obligations issued or incurred to | ||||||
6 | finance or refinance the clean coal SNG facility. The | ||||||
7 | beneficiaries are authorized to include and refer to these | ||||||
8 | pledges in any finance agreement into which they may enter in | ||||||
9 | regard to such contracts. | ||||||
10 | (h-30) The State of Illinois retains and reserves all other | ||||||
11 | rights to enact new or amendatory legislation or take any other | ||||||
12 | action, including, but not limited to, such legislation or | ||||||
13 | other action that would (1) directly or indirectly raise the | ||||||
14 | costs that the clean coal SNG facility must incur; (2) directly | ||||||
15 | or indirectly place additional restrictions, regulations, or | ||||||
16 | requirements on the clean coal SNG facility; (3) prohibit | ||||||
17 | sequestration in general or prohibit a specific sequestration | ||||||
18 | method or project; or (4) increase minimum sequestration | ||||||
19 | requirements. | ||||||
20 | (i) If a gas utility or an affiliate of a gas utility has | ||||||
21 | an ownership interest in any entity that produces or sells | ||||||
22 | synthetic natural gas, Article VII of this Act shall apply.
| ||||||
23 | (Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-630, | ||||||
24 | eff. 12-8-11; 97-906, eff. 8-7-12; 97-1081, eff. 8-24-12; | ||||||
25 | 98-463, eff. 8-16-13.)
|
| |||||||
| |||||||
1 | Section 145. The Illinois Horse Racing Act of 1975 is | ||||||
2 | amended by changing Sections 12.1 and 12.2 as follows:
| ||||||
3 | (230 ILCS 5/12.1) (from Ch. 8, par. 37-12.1)
| ||||||
4 | Sec. 12.1.
(a) The General Assembly finds that the Illinois | ||||||
5 | Racing
Industry does not include a fair proportion of minority | ||||||
6 | or female workers.
| ||||||
7 | Therefore, the General Assembly urges that the job training | ||||||
8 | institutes, trade
associations and employers involved in the | ||||||
9 | Illinois Horse Racing Industry
take affirmative action to | ||||||
10 | encourage equal employment opportunity to all
workers | ||||||
11 | regardless of race, color, creed or sex.
| ||||||
12 | Before an organization license, inter-track wagering | ||||||
13 | license or
inter-track wagering location license can be | ||||||
14 | granted, the applicant for any
such license shall execute and | ||||||
15 | file with the Board a good faith affirmative
action plan to | ||||||
16 | recruit, train and upgrade minorities and females in all
| ||||||
17 | classifications with the applicant for license. One year after | ||||||
18 | issuance of
any such license, and each year thereafter, the | ||||||
19 | licensee shall file a
report with the Board evidencing and | ||||||
20 | certifying compliance with the
originally filed affirmative | ||||||
21 | action plan.
| ||||||
22 | (b) At least 10% of the total amount of all State contracts | ||||||
23 | for the
infrastructure improvement of any race track grounds in | ||||||
24 | this State shall be let
to minority-owned minority owned | ||||||
25 | businesses or women-owned female owned businesses. "State |
| |||||||
| |||||||
1 | contract",
" minority-owned minority owned business" and | ||||||
2 | " women-owned female owned business" shall have the meanings
| ||||||
3 | ascribed to them under the Business Enterprise for Minorities, | ||||||
4 | Women Females , and
Persons with Disabilities Act.
| ||||||
5 | (Source: P.A. 92-16, eff. 6-28-01.)
| ||||||
6 | (230 ILCS 5/12.2) | ||||||
7 | Sec. 12.2. Business enterprise program. | ||||||
8 | (a) For the purposes of this Section, the terms "minority", | ||||||
9 | " minority-owned minority owned business", " woman female ", | ||||||
10 | " women-owned female owned business", "person with a | ||||||
11 | disability", and "business owned by a person with a disability" | ||||||
12 | have the meanings ascribed to them in the Business Enterprise | ||||||
13 | for Minorities, Women Females , and Persons with Disabilities | ||||||
14 | Act. | ||||||
15 | (b) The Board shall, by rule, establish goals for the award | ||||||
16 | of contracts by each organization licensee or inter-track | ||||||
17 | wagering licensee to businesses owned by minorities, women | ||||||
18 | females , and persons with disabilities, expressed as | ||||||
19 | percentages of an organization licensee's or inter-track | ||||||
20 | wagering licensee's total dollar amount of contracts awarded | ||||||
21 | during each calendar year. Each organization licensee or | ||||||
22 | inter-track wagering licensee must make every effort to meet | ||||||
23 | the goals established by the Board pursuant to this Section. | ||||||
24 | When setting the goals for the award of contracts, the Board | ||||||
25 | shall not include contracts where: (1) licensees are purchasing |
| |||||||
| |||||||
1 | goods or services from vendors or suppliers or in markets where | ||||||
2 | there are no or a limited number of minority-owned minority | ||||||
3 | owned businesses, women-owned women owned businesses, or | ||||||
4 | businesses owned by persons with disabilities that would be | ||||||
5 | sufficient to satisfy the goal; (2) there are no or a limited | ||||||
6 | number of suppliers licensed by the Board; (3) the licensee or | ||||||
7 | its parent company owns a company that provides the goods or | ||||||
8 | services; or (4) the goods or services are provided to the | ||||||
9 | licensee by a publicly traded company. | ||||||
10 | (c) Each organization licensee or inter-track wagering | ||||||
11 | licensee shall file with the Board an annual report of its | ||||||
12 | utilization of minority-owned minority owned businesses, | ||||||
13 | women-owned female owned businesses, and businesses owned by | ||||||
14 | persons with disabilities during the preceding calendar year. | ||||||
15 | The reports shall include a self-evaluation of the efforts of | ||||||
16 | the organization licensee or inter-track wagering licensee to | ||||||
17 | meet its goals under this Section. | ||||||
18 | (d) The organization licensee or inter-track wagering
| ||||||
19 | licensee shall have the right to request a waiver from the | ||||||
20 | requirements of this Section. The Board shall grant the waiver | ||||||
21 | where the organization licensee or inter-track wagering
| ||||||
22 | licensee demonstrates that there has been made a good faith | ||||||
23 | effort to comply with the goals for participation by | ||||||
24 | minority-owned minority owned businesses, women-owned female
| ||||||
25 | owned businesses, and businesses owned by persons with
| ||||||
26 | disabilities. |
| |||||||
| |||||||
1 | (e) If the Board determines that its goals and policies are | ||||||
2 | not being met by any organization licensee or inter-track | ||||||
3 | wagering licensee, then the Board may: | ||||||
4 | (1) adopt remedies for such violations; and | ||||||
5 | (2) recommend that the organization licensee or | ||||||
6 | inter-track wagering licensee provide additional | ||||||
7 | opportunities for participation by minority-owned minority | ||||||
8 | owned businesses, women-owned female owned businesses, and | ||||||
9 | businesses owned by persons with disabilities; such | ||||||
10 | recommendations may include, but shall not be limited to: | ||||||
11 | (A) assurances of stronger and better focused
| ||||||
12 | solicitation efforts to obtain more minority-owned | ||||||
13 | minority owned businesses, women-owned female owned | ||||||
14 | businesses, and businesses owned by persons with | ||||||
15 | disabilities as potential sources of supply; | ||||||
16 | (B) division of job or project requirements, when
| ||||||
17 | economically feasible, into tasks or quantities to | ||||||
18 | permit participation of minority-owned minority owned | ||||||
19 | businesses, women-owned female owned businesses, and | ||||||
20 | businesses owned by persons with disabilities; | ||||||
21 | (C) elimination of extended experience or
| ||||||
22 | capitalization requirements, when programmatically | ||||||
23 | feasible, to permit participation of minority-owned | ||||||
24 | minority owned businesses, women-owned female owned | ||||||
25 | businesses, and businesses owned by persons with | ||||||
26 | disabilities; |
| |||||||
| |||||||
1 | (D) identification of specific proposed contracts | ||||||
2 | as
particularly attractive or appropriate for | ||||||
3 | participation by minority-owned minority owned | ||||||
4 | businesses, women-owned female owned businesses, and | ||||||
5 | businesses owned by persons with disabilities, such | ||||||
6 | identification to result from and be coupled with the | ||||||
7 | efforts of items (A) through (C);
and | ||||||
8 | (E) implementation of regulations established
for | ||||||
9 | the use of the sheltered market process. | ||||||
10 | (f) The Board shall file, no later than March 1 of each | ||||||
11 | year, an annual report that shall detail the level of | ||||||
12 | achievement toward the goals specified in this Section over the | ||||||
13 | 3 most recent fiscal years. The annual report shall include, | ||||||
14 | but need not be limited to: | ||||||
15 | (1) a summary detailing expenditures subject
to the | ||||||
16 | goals, the actual goals specified, and the goals attained | ||||||
17 | by each organization licensee or inter-track wagering | ||||||
18 | licensee; | ||||||
19 | (2) a summary of the number of contracts awarded and
| ||||||
20 | the average contract amount by each organization licensee | ||||||
21 | or inter-track wagering licensee; | ||||||
22 | (3) an analysis of the level of overall goal
| ||||||
23 | achievement concerning purchases from minority-owned | ||||||
24 | minority owned businesses, women-owned female owned | ||||||
25 | businesses, and businesses owned by persons with | ||||||
26 | disabilities; |
| |||||||
| |||||||
1 | (4) an analysis of the number of minority-owned | ||||||
2 | minority owned businesses, women-owned female owned | ||||||
3 | businesses, and businesses owned by persons with | ||||||
4 | disabilities that are certified under the program as well | ||||||
5 | as the number of those businesses that received State | ||||||
6 | procurement contracts; and | ||||||
7 | (5) (blank).
| ||||||
8 | (Source: P.A. 98-490, eff. 8-16-13; 99-78, eff. 7-20-15; | ||||||
9 | 99-891, eff. 1-1-17 .)
| ||||||
10 | Section 150. The Riverboat Gambling Act is amended by | ||||||
11 | changing Sections 4, 7, 7.1, 7.4, 7.6, and 11.2 as follows:
| ||||||
12 | (230 ILCS 10/4) (from Ch. 120, par. 2404)
| ||||||
13 | Sec. 4. Definitions. As used in this Act:
| ||||||
14 | (a) "Board" means the Illinois Gaming Board.
| ||||||
15 | (b) "Occupational license" means a license issued by the | ||||||
16 | Board to a
person or entity to perform an occupation which the | ||||||
17 | Board has identified as
requiring a license to engage in | ||||||
18 | riverboat gambling in Illinois.
| ||||||
19 | (c) "Gambling game" includes, but is not limited to, | ||||||
20 | baccarat,
twenty-one, poker, craps, slot machine, video game of | ||||||
21 | chance, roulette
wheel, klondike table, punchboard, faro | ||||||
22 | layout, keno layout, numbers
ticket, push card, jar ticket, or | ||||||
23 | pull tab which is authorized by the Board
as a wagering device | ||||||
24 | under this Act.
|
| |||||||
| |||||||
1 | (d) "Riverboat" means a self-propelled excursion boat, a
| ||||||
2 | permanently moored barge, or permanently moored barges that are | ||||||
3 | permanently
fixed together to operate as one vessel, on which | ||||||
4 | lawful gambling is
authorized and licensed as
provided in this | ||||||
5 | Act.
| ||||||
6 | (e) "Managers license" means a license issued by the Board | ||||||
7 | to a person or
entity
to manage gambling operations conducted | ||||||
8 | by the State pursuant to Section 7.3.
| ||||||
9 | (f) "Dock" means the location where a riverboat moors for | ||||||
10 | the purpose of
embarking passengers for and disembarking | ||||||
11 | passengers from the riverboat.
| ||||||
12 | (g) "Gross receipts" means the total amount of money | ||||||
13 | exchanged for the
purchase of chips, tokens or electronic cards | ||||||
14 | by riverboat patrons.
| ||||||
15 | (h) "Adjusted gross receipts" means the gross receipts less
| ||||||
16 | winnings paid to wagerers.
| ||||||
17 | (i) "Cheat" means to alter the selection of criteria which | ||||||
18 | determine the
result of a gambling game or the amount or | ||||||
19 | frequency of payment in a gambling
game.
| ||||||
20 | (j) (Blank).
| ||||||
21 | (k) "Gambling operation" means the conduct of authorized | ||||||
22 | gambling games
upon a riverboat.
| ||||||
23 | (l) "License bid" means the lump sum amount of money that | ||||||
24 | an applicant
bids and agrees to pay the State in return for an | ||||||
25 | owners license that is
re-issued on or after July 1, 2003.
| ||||||
26 | (m) The terms "minority person", " woman female ", and |
| |||||||
| |||||||
1 | "person with a disability" shall have the same meaning
as
| ||||||
2 | defined in
Section 2 of the Business Enterprise for Minorities, | ||||||
3 | Women Females , and Persons with
Disabilities Act.
| ||||||
4 | (Source: P.A. 95-331, eff. 8-21-07; 96-1392, eff. 1-1-11.)
| ||||||
5 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
6 | Sec. 7. Owners Licenses.
| ||||||
7 | (a) The Board shall issue owners licenses to persons, firms | ||||||
8 | or
corporations which apply for such licenses upon payment to | ||||||
9 | the Board of the
non-refundable license fee set by the Board, | ||||||
10 | upon payment of a $25,000
license fee for the first year of | ||||||
11 | operation and a $5,000 license fee for
each succeeding year and | ||||||
12 | upon a determination by the Board that the
applicant is | ||||||
13 | eligible for an owners license pursuant to this Act and the
| ||||||
14 | rules of the Board. From the effective date of this amendatory | ||||||
15 | Act of the 95th General Assembly until (i) 3 years after the | ||||||
16 | effective date of this amendatory Act of the 95th General | ||||||
17 | Assembly, (ii) the date any organization licensee begins to | ||||||
18 | operate a slot machine or video game of chance under the | ||||||
19 | Illinois Horse Racing Act of 1975 or this Act, (iii) the date | ||||||
20 | that payments begin under subsection (c-5) of Section 13 of the | ||||||
21 | Act, or (iv) the wagering tax imposed under Section 13 of this | ||||||
22 | Act is increased by law to reflect a tax rate that is at least | ||||||
23 | as stringent or more stringent than the tax rate contained in | ||||||
24 | subsection (a-3) of Section 13, whichever occurs first, as a | ||||||
25 | condition of licensure and as an alternative source of payment |
| |||||||
| |||||||
1 | for those funds payable under subsection (c-5) of Section 13 of | ||||||
2 | the Riverboat Gambling Act, any owners licensee that holds or | ||||||
3 | receives its owners license on or after the effective date of | ||||||
4 | this amendatory Act of the 94th General Assembly, other than an | ||||||
5 | owners licensee operating a riverboat with adjusted gross | ||||||
6 | receipts in calendar year 2004 of less than $200,000,000, must | ||||||
7 | pay into the Horse Racing Equity Trust Fund, in addition to any | ||||||
8 | other payments required under this Act, an amount equal to 3% | ||||||
9 | of the adjusted gross receipts received by the owners licensee. | ||||||
10 | The payments required under this Section shall be made by the | ||||||
11 | owners licensee to the State Treasurer no later than 3:00 | ||||||
12 | o'clock p.m. of the day after the day when the adjusted gross | ||||||
13 | receipts were received by the owners licensee. A person, firm | ||||||
14 | or corporation is ineligible to receive
an owners license if:
| ||||||
15 | (1) the person has been convicted of a felony under the | ||||||
16 | laws of this
State, any other state, or the United States;
| ||||||
17 | (2) the person has been convicted of any violation of | ||||||
18 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
19 | Code of 2012, or substantially similar laws of any other | ||||||
20 | jurisdiction;
| ||||||
21 | (3) the person has submitted an application for a | ||||||
22 | license under this
Act which contains false information;
| ||||||
23 | (4) the person is
a member of the Board;
| ||||||
24 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
25 | officer, director or
managerial employee of the firm or | ||||||
26 | corporation;
|
| |||||||
| |||||||
1 | (6) the firm or corporation employs a person defined in | ||||||
2 | (1), (2), (3) or
(4) who participates in the management or | ||||||
3 | operation of gambling operations
authorized under this | ||||||
4 | Act;
| ||||||
5 | (7) (blank); or
| ||||||
6 | (8) a license of the person, firm or corporation issued | ||||||
7 | under
this Act, or a license to own or operate gambling | ||||||
8 | facilities
in any other jurisdiction, has been revoked.
| ||||||
9 | The Board is expressly prohibited from making changes to | ||||||
10 | the requirement that licensees make payment into the Horse | ||||||
11 | Racing Equity Trust Fund without the express authority of the | ||||||
12 | Illinois General Assembly and making any other rule to | ||||||
13 | implement or interpret this amendatory Act of the 95th General | ||||||
14 | Assembly. For the purposes of this paragraph, "rules" is given | ||||||
15 | the meaning given to that term in Section 1-70 of the Illinois | ||||||
16 | Administrative Procedure Act. | ||||||
17 | (b) In determining whether to grant an owners license to an | ||||||
18 | applicant, the
Board shall consider:
| ||||||
19 | (1) the character, reputation, experience and | ||||||
20 | financial integrity of the
applicants and of any other or | ||||||
21 | separate person that either:
| ||||||
22 | (A) controls, directly or indirectly, such | ||||||
23 | applicant, or
| ||||||
24 | (B) is controlled, directly or indirectly, by such | ||||||
25 | applicant or by a
person which controls, directly or | ||||||
26 | indirectly, such applicant;
|
| |||||||
| |||||||
1 | (2) the facilities or proposed facilities for the | ||||||
2 | conduct of riverboat
gambling;
| ||||||
3 | (3) the highest prospective total revenue to be derived | ||||||
4 | by the State
from the conduct of riverboat gambling;
| ||||||
5 | (4) the extent to which the ownership of the applicant | ||||||
6 | reflects the
diversity of the State by including minority | ||||||
7 | persons, women females , and persons with a disability
and | ||||||
8 | the good faith affirmative action plan of
each applicant to | ||||||
9 | recruit, train and upgrade minority persons, women | ||||||
10 | females , and persons with a disability in all employment | ||||||
11 | classifications;
| ||||||
12 | (5) the financial ability of the applicant to purchase | ||||||
13 | and maintain
adequate liability and casualty insurance;
| ||||||
14 | (6) whether the applicant has adequate capitalization | ||||||
15 | to provide and
maintain, for the duration of a license, a | ||||||
16 | riverboat;
| ||||||
17 | (7) the extent to which the applicant exceeds or meets | ||||||
18 | other standards
for the issuance of an owners license which | ||||||
19 | the Board may adopt by rule;
and
| ||||||
20 | (8) The amount of the applicant's license bid.
| ||||||
21 | (c) Each owners license shall specify the place where | ||||||
22 | riverboats shall
operate and dock.
| ||||||
23 | (d) Each applicant shall submit with his application, on | ||||||
24 | forms
provided by the Board, 2 sets of his fingerprints.
| ||||||
25 | (e) The Board may issue up to 10 licenses authorizing the | ||||||
26 | holders of such
licenses to own riverboats. In the application |
| |||||||
| |||||||
1 | for an owners license, the
applicant shall state the dock at | ||||||
2 | which the riverboat is based and the water
on which the | ||||||
3 | riverboat will be located. The Board shall issue 5 licenses to
| ||||||
4 | become effective not earlier than January 1, 1991. Three of | ||||||
5 | such licenses
shall authorize riverboat gambling on the | ||||||
6 | Mississippi River, or, with approval
by the municipality in | ||||||
7 | which the
riverboat was docked on August 7, 2003 and with Board | ||||||
8 | approval, be authorized to relocate to a new location,
in a
| ||||||
9 | municipality that (1) borders on the Mississippi River or is | ||||||
10 | within 5
miles of the city limits of a municipality that | ||||||
11 | borders on the Mississippi
River and (2), on August 7, 2003, | ||||||
12 | had a riverboat conducting riverboat gambling operations | ||||||
13 | pursuant to
a license issued under this Act; one of which shall | ||||||
14 | authorize riverboat
gambling from a home dock in the city of | ||||||
15 | East St. Louis. One other license
shall
authorize riverboat | ||||||
16 | gambling on
the Illinois River south of Marshall County. The | ||||||
17 | Board shall issue one
additional license to become effective | ||||||
18 | not earlier than March 1, 1992, which
shall authorize riverboat | ||||||
19 | gambling on the Des Plaines River in Will County.
The Board may | ||||||
20 | issue 4 additional licenses to become effective not
earlier | ||||||
21 | than
March 1, 1992. In determining the water upon which | ||||||
22 | riverboats will operate,
the Board shall consider the economic | ||||||
23 | benefit which riverboat gambling confers
on the State, and | ||||||
24 | shall seek to assure that all regions of the State share
in the | ||||||
25 | economic benefits of riverboat gambling.
| ||||||
26 | In granting all licenses, the Board may give favorable |
| |||||||
| |||||||
1 | consideration to
economically depressed areas of the State, to | ||||||
2 | applicants presenting plans
which provide for significant | ||||||
3 | economic development over a large geographic
area, and to | ||||||
4 | applicants who currently operate non-gambling riverboats in
| ||||||
5 | Illinois.
The Board shall review all applications for owners | ||||||
6 | licenses,
and shall inform each applicant of the Board's | ||||||
7 | decision.
The Board may grant an owners license to an
applicant | ||||||
8 | that has not submitted the highest license bid, but if it does | ||||||
9 | not
select the highest bidder, the Board shall issue a written | ||||||
10 | decision explaining
why another
applicant was selected and | ||||||
11 | identifying the factors set forth in this Section
that favored | ||||||
12 | the winning bidder.
| ||||||
13 | In addition to any other revocation powers granted to the | ||||||
14 | Board under this
Act,
the Board may revoke the owners license | ||||||
15 | of a licensee which fails
to begin conducting gambling within | ||||||
16 | 15 months
of receipt of the
Board's approval of the application | ||||||
17 | if the Board determines that license
revocation is in the best | ||||||
18 | interests of the State.
| ||||||
19 | (f) The first 10 owners licenses issued under this Act | ||||||
20 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
21 | thereon
for a period of 3 years after the effective date of the | ||||||
22 | license. Holders of
the first 10 owners licenses must pay the | ||||||
23 | annual license fee for each of
the 3
years during which they | ||||||
24 | are authorized to own riverboats.
| ||||||
25 | (g) Upon the termination, expiration, or revocation of each | ||||||
26 | of the first
10 licenses, which shall be issued for a 3 year |
| |||||||
| |||||||
1 | period, all licenses are
renewable annually upon payment of the | ||||||
2 | fee and a determination by the Board
that the licensee | ||||||
3 | continues to meet all of the requirements of this Act and the
| ||||||
4 | Board's rules.
However, for licenses renewed on or after May 1, | ||||||
5 | 1998, renewal shall be
for a period of 4 years, unless the | ||||||
6 | Board sets a shorter period.
| ||||||
7 | (h) An owners license shall entitle the licensee to own up | ||||||
8 | to 2
riverboats. A licensee shall limit the number of gambling | ||||||
9 | participants to
1,200 for any such owners license.
A licensee | ||||||
10 | may operate both of its riverboats concurrently, provided that | ||||||
11 | the
total number of gambling participants on both riverboats | ||||||
12 | does not exceed
1,200. Riverboats licensed to operate on the
| ||||||
13 | Mississippi River and the Illinois River south of Marshall | ||||||
14 | County shall
have an authorized capacity of at least 500 | ||||||
15 | persons. Any other riverboat
licensed under this Act shall have | ||||||
16 | an authorized capacity of at least 400
persons.
| ||||||
17 | (i) A licensed owner is authorized to apply to the Board | ||||||
18 | for and, if
approved therefor, to receive all licenses from the | ||||||
19 | Board necessary for the
operation of a riverboat, including a | ||||||
20 | liquor license, a license
to prepare and serve food for human | ||||||
21 | consumption, and other necessary
licenses. All use, occupation | ||||||
22 | and excise taxes which apply to the sale of
food and beverages | ||||||
23 | in this State and all taxes imposed on the sale or use
of | ||||||
24 | tangible personal property apply to such sales aboard the | ||||||
25 | riverboat.
| ||||||
26 | (j) The Board may issue or re-issue a license authorizing a |
| |||||||
| |||||||
1 | riverboat to
dock
in a municipality or approve a relocation | ||||||
2 | under Section 11.2 only if, prior
to the issuance or | ||||||
3 | re-issuance of
the license or approval, the governing body of | ||||||
4 | the municipality in which
the riverboat will dock has by a | ||||||
5 | majority vote approved the docking of
riverboats in the | ||||||
6 | municipality. The Board may issue or re-issue a license
| ||||||
7 | authorizing a
riverboat to dock in areas of a county outside | ||||||
8 | any municipality or approve a
relocation under Section 11.2 | ||||||
9 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
10 | approval, the
governing body of the county has by a majority | ||||||
11 | vote approved of the docking of
riverboats within such areas.
| ||||||
12 | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
| ||||||
13 | (230 ILCS 10/7.1)
| ||||||
14 | Sec. 7.1. Re-issuance of revoked or non-renewed owners | ||||||
15 | licenses.
| ||||||
16 | (a) If an owners license terminates or expires without | ||||||
17 | renewal or the Board
revokes or determines not to renew an | ||||||
18 | owners license (including, without
limitation, an owners | ||||||
19 | license for a licensee that was not conducting riverboat
| ||||||
20 | gambling operations on January 1, 1998)
and that revocation or | ||||||
21 | determination is final, the Board may re-issue such
license to
| ||||||
22 | a qualified applicant pursuant to an open and competitive | ||||||
23 | bidding process, as
set forth in Section 7.5, and subject to | ||||||
24 | the maximum number of authorized
licenses set forth in Section
| ||||||
25 | 7(e).
|
| |||||||
| |||||||
1 | (b) To be a qualified applicant, a person, firm, or | ||||||
2 | corporation cannot be
ineligible to receive an owners license | ||||||
3 | under Section 7(a) and must submit an
application for an owners | ||||||
4 | license that complies with Section 6. Each such
applicant must | ||||||
5 | also submit evidence to the Board that minority persons and | ||||||
6 | women
females hold ownership interests in the applicant of at | ||||||
7 | least 16% and 4%
respectively.
| ||||||
8 | (c) Notwithstanding anything to the contrary in Section | ||||||
9 | 7(e), an applicant
may apply to the Board for approval of | ||||||
10 | relocation of a re-issued license to a
new home dock location | ||||||
11 | authorized under Section 3(c) upon receipt of the
approval from | ||||||
12 | the municipality or county, as the case may be, pursuant to
| ||||||
13 | Section 7(j).
| ||||||
14 | (d) In determining whether to grant a re-issued owners | ||||||
15 | license to an
applicant, the
Board shall consider all of the | ||||||
16 | factors set forth in Sections 7(b) and (e) as
well as the | ||||||
17 | amount of the applicant's license bid. The Board may
grant the | ||||||
18 | re-issued owners license to an applicant that has not submitted | ||||||
19 | the
highest license bid, but if it does not select the highest | ||||||
20 | bidder,
the Board shall issue a written decision explaining why | ||||||
21 | another applicant was
selected and identifying the factors set | ||||||
22 | forth in Sections 7(b) and (e) that
favored the winning bidder.
| ||||||
23 | (e) Re-issued owners licenses shall be subject to annual | ||||||
24 | license fees as
provided for in Section 7(a) and shall be | ||||||
25 | governed by the provisions of
Sections 7(f), (g), (h), and (i).
| ||||||
26 | (Source: P.A. 93-28, eff. 6-20-03.)
|
| |||||||
| |||||||
1 | (230 ILCS 10/7.4)
| ||||||
2 | Sec. 7.4. Managers licenses.
| ||||||
3 | (a) A qualified person may apply to the Board for a | ||||||
4 | managers license to
operate
and manage any gambling operation | ||||||
5 | conducted by the State. The application shall
be
made on forms | ||||||
6 | provided by the Board and shall contain such information as the
| ||||||
7 | Board
prescribes, including but not limited to information | ||||||
8 | required in Sections 6(a),
(b), and
(c) and information | ||||||
9 | relating to the applicant's proposed price to manage State
| ||||||
10 | gambling
operations and to provide the riverboat, gambling | ||||||
11 | equipment, and supplies
necessary to
conduct State gambling | ||||||
12 | operations.
| ||||||
13 | (b) Each applicant must submit evidence to the Board that | ||||||
14 | minority persons
and women
females hold ownership interests in | ||||||
15 | the applicant of at least 16% and 4%,
respectively.
| ||||||
16 | (c) A person, firm, or corporation is ineligible to receive | ||||||
17 | a managers
license if:
| ||||||
18 | (1) the person has been convicted of a felony under the | ||||||
19 | laws of this
State, any other state, or the United States;
| ||||||
20 | (2) the person has been convicted of any violation of | ||||||
21 | Article 28 of
the Criminal Code of 1961 or the Criminal | ||||||
22 | Code of 2012, or substantially similar laws of any other
| ||||||
23 | jurisdiction;
| ||||||
24 | (3) the person has submitted an application for a | ||||||
25 | license under this
Act which contains false information;
|
| |||||||
| |||||||
1 | (4) the person is a member of the Board;
| ||||||
2 | (5) a person defined in (1), (2), (3), or (4) is an | ||||||
3 | officer, director, or
managerial employee of the firm or | ||||||
4 | corporation;
| ||||||
5 | (6) the firm or corporation employs a person defined in | ||||||
6 | (1), (2), (3),
or (4) who participates in the management or | ||||||
7 | operation of gambling
operations authorized under this | ||||||
8 | Act; or
| ||||||
9 | (7) a license of the person, firm, or corporation | ||||||
10 | issued under this Act,
or
a license to own or operate | ||||||
11 | gambling facilities in any other jurisdiction, has
been | ||||||
12 | revoked.
| ||||||
13 | (d) Each applicant shall submit with his or her | ||||||
14 | application, on forms
prescribed by
the Board, 2 sets of his or | ||||||
15 | her fingerprints.
| ||||||
16 | (e) The Board shall charge each applicant a fee, set by the | ||||||
17 | Board, to defray
the costs associated with the background | ||||||
18 | investigation conducted by the
Board.
| ||||||
19 | (f) A person who knowingly makes a false statement on an | ||||||
20 | application is
guilty of a Class A misdemeanor.
| ||||||
21 | (g) The managers license shall be for a term not to exceed | ||||||
22 | 10 years, shall
be
renewable at the Board's option, and shall | ||||||
23 | contain such terms and
provisions as the Board deems necessary | ||||||
24 | to protect or enhance the
credibility and integrity of State | ||||||
25 | gambling operations, achieve the highest
prospective total | ||||||
26 | revenue to the State, and otherwise serve the interests of
the |
| |||||||
| |||||||
1 | citizens of Illinois.
| ||||||
2 | (h) Issuance of a managers license shall be subject to an | ||||||
3 | open and
competitive bidding
process. The Board may select an | ||||||
4 | applicant other than the lowest bidder by
price. If it does not | ||||||
5 | select the lowest bidder, the Board shall issue a notice
of who
| ||||||
6 | the lowest bidder was and a written decision as to why another | ||||||
7 | bidder was
selected.
| ||||||
8 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
9 | (230 ILCS 10/7.6) | ||||||
10 | Sec. 7.6. Business enterprise program. | ||||||
11 | (a) For the purposes of this Section, the terms "minority", | ||||||
12 | " minority-owned minority owned business", " woman female ", " | ||||||
13 | women-owned female owned business", "person with a | ||||||
14 | disability", and "business owned by a person with a disability" | ||||||
15 | have the meanings ascribed to them in the Business Enterprise | ||||||
16 | for Minorities, Women Females , and Persons with Disabilities | ||||||
17 | Act. | ||||||
18 | (b) The Board shall, by rule, establish goals for the award | ||||||
19 | of contracts by each owners licensee to businesses owned by | ||||||
20 | minorities, women females , and persons with disabilities, | ||||||
21 | expressed as percentages of an owners licensee's total dollar | ||||||
22 | amount of contracts awarded during each calendar year. Each | ||||||
23 | owners licensee must make every effort to meet the goals | ||||||
24 | established by the Board pursuant to this Section. When setting | ||||||
25 | the goals for the award of contracts, the Board shall not |
| |||||||
| |||||||
1 | include contracts where: (1) any purchasing mandates would be | ||||||
2 | dependent upon the availability of minority-owned minority | ||||||
3 | owned businesses, women-owned female owned businesses, and | ||||||
4 | businesses owned by persons with disabilities ready, willing, | ||||||
5 | and able with capacity to provide quality goods and services to | ||||||
6 | a gaming operation at reasonable prices; (2) there are no or a | ||||||
7 | limited number of licensed suppliers as defined by this Act for | ||||||
8 | the goods or services provided to the licensee; (3) the | ||||||
9 | licensee or its parent company owns a company that provides the | ||||||
10 | goods or services; or (4) the goods or services are provided to | ||||||
11 | the licensee by a publicly traded company. | ||||||
12 | (c) Each owners licensee shall file with the Board an | ||||||
13 | annual report of its utilization of minority-owned minority | ||||||
14 | owned businesses, women-owned female owned businesses, and | ||||||
15 | businesses owned by persons with disabilities during the | ||||||
16 | preceding calendar year. The reports shall include a | ||||||
17 | self-evaluation of the efforts of the owners licensee to meet | ||||||
18 | its goals under this Section. | ||||||
19 | (d) The owners licensee shall have the right to request a | ||||||
20 | waiver from the requirements of this Section. The Board shall | ||||||
21 | grant the waiver where the owners licensee demonstrates that | ||||||
22 | there has been made a good faith effort to comply with the | ||||||
23 | goals for participation by minority-owned minority owned | ||||||
24 | businesses, women-owned female
owned businesses, and | ||||||
25 | businesses owned by persons with
disabilities. | ||||||
26 | (e) If the Board determines that its goals and policies are |
| |||||||
| |||||||
1 | not being met by any owners licensee, then the Board may: | ||||||
2 | (1) adopt remedies for such violations; and | ||||||
3 | (2) recommend that the owners licensee provide | ||||||
4 | additional opportunities for participation by | ||||||
5 | minority-owned minority owned businesses, women-owned | ||||||
6 | female owned businesses, and businesses owned by persons | ||||||
7 | with disabilities; such recommendations may include, but | ||||||
8 | shall not be limited to: | ||||||
9 | (A) assurances of stronger and better focused
| ||||||
10 | solicitation efforts to obtain more minority-owned | ||||||
11 | minority owned businesses, women-owned female owned | ||||||
12 | businesses, and businesses owned by persons with | ||||||
13 | disabilities as potential sources of supply; | ||||||
14 | (B) division of job or project requirements, when
| ||||||
15 | economically feasible, into tasks or quantities to | ||||||
16 | permit participation of minority-owned minority owned | ||||||
17 | businesses, women-owned female owned businesses, and | ||||||
18 | businesses owned by persons with disabilities; | ||||||
19 | (C) elimination of extended experience or
| ||||||
20 | capitalization requirements, when programmatically | ||||||
21 | feasible, to permit participation of minority-owned | ||||||
22 | minority owned businesses, women-owned female owned | ||||||
23 | businesses, and businesses owned by persons with | ||||||
24 | disabilities; | ||||||
25 | (D) identification of specific proposed contracts | ||||||
26 | as
particularly attractive or appropriate for |
| |||||||
| |||||||
1 | participation by minority-owned minority owned | ||||||
2 | businesses, women-owned female owned businesses, and | ||||||
3 | businesses owned by persons with disabilities, such | ||||||
4 | identification to result from and be coupled with the | ||||||
5 | efforts of items (A) through (C);
and | ||||||
6 | (E) implementation of regulations established
for | ||||||
7 | the use of the sheltered market process. | ||||||
8 | (f) The Board shall file, no later than March 1 of each | ||||||
9 | year, an annual report that shall detail the level of | ||||||
10 | achievement toward the goals specified in this Section over the | ||||||
11 | 3 most recent fiscal years. The annual report shall include, | ||||||
12 | but need not be limited to: | ||||||
13 | (1) a summary detailing expenditures subject
to the | ||||||
14 | goals, the actual goals specified, and the goals attained | ||||||
15 | by each owners licensee; and | ||||||
16 | (2) an analysis of the level of overall goal
| ||||||
17 | achievement concerning purchases from minority-owned | ||||||
18 | minority owned businesses, women-owned female owned | ||||||
19 | businesses, and businesses owned by persons with | ||||||
20 | disabilities.
| ||||||
21 | (Source: P.A. 98-490, eff. 8-16-13; 99-78, eff. 7-20-15.)
| ||||||
22 | (230 ILCS 10/11.2)
| ||||||
23 | Sec. 11.2. Relocation of riverboat home dock.
| ||||||
24 | (a) A licensee that was not conducting
riverboat gambling | ||||||
25 | on January 1, 1998 may apply to the Board for renewal and
|
| |||||||
| |||||||
1 | approval of relocation to a new home dock location authorized | ||||||
2 | under Section
3(c) and
the Board
shall grant the application | ||||||
3 | and approval upon receipt by the licensee of
approval from the | ||||||
4 | new municipality or county, as the case may be, in which the
| ||||||
5 | licensee wishes to relocate pursuant to Section 7(j).
| ||||||
6 | (b) Any licensee that relocates its home dock
pursuant
to | ||||||
7 | this Section shall attain a level of at least 20% minority | ||||||
8 | person and woman female
ownership, at least 16% and 4% | ||||||
9 | respectively, within a time period
prescribed by the Board,
but | ||||||
10 | not to exceed 12 months from the date
the licensee
begins | ||||||
11 | conducting gambling at the new home dock location. The 12-month | ||||||
12 | period
shall be extended by the amount of
time
necessary to | ||||||
13 | conduct a background investigation pursuant to Section 6.
For | ||||||
14 | the purposes of this
Section, the terms " woman female " and | ||||||
15 | "minority person" have the meanings provided in
Section 2 of | ||||||
16 | the
Business Enterprise for Minorities, Women Females , and | ||||||
17 | Persons with Disabilities
Act.
| ||||||
18 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
19 | Section 155. The Environmental Protection Act is amended by | ||||||
20 | changing Section 14.7 as follows:
| ||||||
21 | (415 ILCS 5/14.7) | ||||||
22 | (This Section may contain text from a Public Act with a | ||||||
23 | delayed effective date ) | ||||||
24 | Sec. 14.7. Preservation of community water supplies. |
| |||||||
| |||||||
1 | (a) The Agency shall adopt rules governing certain | ||||||
2 | corrosion prevention projects carried out on community water | ||||||
3 | supplies. Those rules shall not apply to buried pipelines | ||||||
4 | including, but not limited to, pipes, mains, and joints. The | ||||||
5 | rules shall exclude routine maintenance activities of | ||||||
6 | community water supplies including, but not limited to, the use | ||||||
7 | of protective coatings applied by the owner's utility personnel | ||||||
8 | during the course of performing routine maintenance | ||||||
9 | activities. The activities may include, but not be limited to, | ||||||
10 | the painting of fire hydrants; routine over-coat painting of | ||||||
11 | interior and exterior building surfaces such as floors, doors, | ||||||
12 | windows, and ceilings; and routine touch-up and over-coat | ||||||
13 | application of protective coatings typically found on water | ||||||
14 | utility pumps, pipes, tanks, and other water treatment plant | ||||||
15 | appurtenances and utility owned structures. Those rules shall | ||||||
16 | include: | ||||||
17 | (1) standards for ensuring that community water | ||||||
18 | supplies carry out corrosion prevention and mitigation | ||||||
19 | methods according to corrosion prevention industry | ||||||
20 | standards adopted by the Agency; | ||||||
21 | (2) requirements that community water supplies use: | ||||||
22 | (A) protective coatings personnel to carry out | ||||||
23 | corrosion prevention and mitigation methods on exposed | ||||||
24 | water treatment tanks, exposed non-concrete water | ||||||
25 | treatment structures, exposed water treatment pipe | ||||||
26 | galleys; exposed pumps; and generators; the Agency |
| |||||||
| |||||||
1 | shall not limit to protective coatings personnel any | ||||||
2 | other work relating to prevention and mitigation | ||||||
3 | methods on any other water treatment appurtenances | ||||||
4 | where protective coatings are utilized for corrosion | ||||||
5 | control and prevention to prolong the life of the water | ||||||
6 | utility asset; and | ||||||
7 | (B) inspectors to ensure that best practices and | ||||||
8 | standards are adhered to on each corrosion prevention | ||||||
9 | project; and | ||||||
10 | (3) standards to prevent environmental degradation | ||||||
11 | that might occur as a result of carrying out corrosion | ||||||
12 | prevention and mitigation methods including, but not | ||||||
13 | limited to, standards to prevent the improper handling and | ||||||
14 | containment of hazardous materials, especially lead paint, | ||||||
15 | removed from the exterior of a community water supply. | ||||||
16 | In adopting rules under this subsection (a), the Agency
| ||||||
17 | shall obtain input from corrosion industry experts
| ||||||
18 | specializing in the training of personnel to
carry out | ||||||
19 | corrosion prevention and mitigation methods. | ||||||
20 | (b) As used in this Section: | ||||||
21 | "Community water supply" has the meaning ascribed to that
| ||||||
22 | term in Section 3.145 of this Act. | ||||||
23 | "Corrosion" means a naturally occurring phenomenon
| ||||||
24 | commonly defined as the deterioration of a metal that results | ||||||
25 | from a chemical or electrochemical reaction
with its | ||||||
26 | environment. |
| |||||||
| |||||||
1 | "Corrosion prevention and mitigation methods" means the | ||||||
2 | preparation, application, installation,
removal, or general | ||||||
3 | maintenance as necessary of a
protective coating system, | ||||||
4 | including any or more of the
following: | ||||||
5 | (A) surface preparation and coating application on
| ||||||
6 | the exterior or interior of a community water supply; | ||||||
7 | or | ||||||
8 | (B) shop painting of structural steel fabricated
| ||||||
9 | for installation as part of a community water supply. | ||||||
10 | "Corrosion prevention project" means carrying out
| ||||||
11 | corrosion prevention and mitigation methods. "Corrosion | ||||||
12 | prevention project" does not include clean-up related to | ||||||
13 | surface preparation. | ||||||
14 | "Protective coatings personnel" means personnel employed | ||||||
15 | or retained by a contractor providing services covered by this | ||||||
16 | Section to carry out corrosion prevention or mitigation methods | ||||||
17 | or inspections. | ||||||
18 | (c) This Section shall apply to only those projects | ||||||
19 | receiving 100% funding from the State. | ||||||
20 | (d) Each contract procured pursuant to the Illinois | ||||||
21 | Procurement Code for the provision of services covered by this | ||||||
22 | Section (1) shall comply with applicable provisions of the | ||||||
23 | Illinois Procurement Code and (2) shall include provisions for | ||||||
24 | reporting participation by minority persons, as defined by | ||||||
25 | Section 2 of the Business Enterprise for Minorities, Women | ||||||
26 | Females , and Persons with Disabilities Act; women females , as |
| |||||||
| |||||||
1 | defined by Section 2 of the Business Enterprise for Minorities, | ||||||
2 | Women Females , and Persons with Disabilities Act; and veterans, | ||||||
3 | as defined by Section 45-57 of the Illinois Procurement Code, | ||||||
4 | in apprenticeship and training programs in which the contractor | ||||||
5 | or his or her subcontractors participate. The requirements of | ||||||
6 | this Section do not apply to an individual licensed under the | ||||||
7 | Professional Engineering Practice Act of 1989 or the Structural | ||||||
8 | Engineering Act of 1989.
| ||||||
9 | (Source: P.A. 99-923, eff. 7-1-17.)
| ||||||
10 | Section 160. The Public Private Agreements for the Illiana | ||||||
11 | Expressway Act is amended by changing Section 20 as follows:
| ||||||
12 | (605 ILCS 130/20)
| ||||||
13 | Sec. 20. Procurement; request for proposals process. | ||||||
14 | (a) Notwithstanding any provision of law to the contrary, | ||||||
15 | the Department on behalf of the State shall select a contractor | ||||||
16 | through a competitive request for proposals process governed by | ||||||
17 | the Illinois Procurement Code and rules adopted under that Code | ||||||
18 | and this Act. | ||||||
19 | (b) The competitive request for proposals process shall, at | ||||||
20 | a minimum, solicit statements of qualification and proposals | ||||||
21 | from offerors. | ||||||
22 | (c) The competitive request for proposals process shall, at | ||||||
23 | a minimum, take into account the following criteria: | ||||||
24 | (1) The offeror's plans for the Illiana Expressway |
| |||||||
| |||||||
1 | project; | ||||||
2 | (2) The offeror's current and past business practices; | ||||||
3 | (3) The offeror's poor or inadequate past performance | ||||||
4 | in developing, financing, constructing, managing, or | ||||||
5 | operating highways or other public assets; | ||||||
6 | (4) The offeror's ability to meet and past performance | ||||||
7 | in meeting or exhausting good faith efforts to meet the | ||||||
8 | utilization goals for business enterprises established in | ||||||
9 | the Business Enterprise for Minorities, Women Females , and | ||||||
10 | Persons with Disabilities Act; | ||||||
11 | (5) The offeror's ability to comply with and past | ||||||
12 | performance in complying with Section 2-105 of the Illinois | ||||||
13 | Human Rights Act; and | ||||||
14 | (6) The offeror's plans to comply with the Business | ||||||
15 | Enterprise for Minorities, Women Females , and Persons with | ||||||
16 | Disabilities Act and Section 2-105 of the Illinois Human | ||||||
17 | Rights Act.
| ||||||
18 | (d) The Department shall retain the services of an advisor | ||||||
19 | or advisors with significant experience in the development, | ||||||
20 | financing, construction, management, or operation of public | ||||||
21 | assets to assist in the preparation of the request for | ||||||
22 | proposals. | ||||||
23 | (e) The Department shall not include terms in the request | ||||||
24 | for proposals that provide an advantage, whether directly or | ||||||
25 | indirectly, to any contractor presently providing goods, | ||||||
26 | services, or equipment to the Department. |
| |||||||
| |||||||
1 | (f) The Department shall select at least 2 offerors as | ||||||
2 | finalists. The Department shall submit the offerors' | ||||||
3 | statements of qualification and proposals to the Commission on | ||||||
4 | Government Forecasting and Accountability and the Procurement | ||||||
5 | Policy Board, which shall, within 30 days of the submission, | ||||||
6 | complete a review of the statements of qualification and | ||||||
7 | proposals and, jointly or separately, report on, at a minimum, | ||||||
8 | the satisfaction of the criteria contained in the request for | ||||||
9 | proposals, the qualifications of the offerors, and the value of | ||||||
10 | the proposals to the State. The Department shall not select an | ||||||
11 | offeror as the contractor for the Illiana Expressway project | ||||||
12 | until it has received and considered the findings of the | ||||||
13 | Commission on Government Forecasting and Accountability and | ||||||
14 | the Procurement Policy Board as set forth in their respective | ||||||
15 | reports. | ||||||
16 | (g) Before awarding a public private agreement to an | ||||||
17 | offeror, the Department shall schedule and hold a public | ||||||
18 | hearing or hearings on the proposed public private agreement | ||||||
19 | and publish notice of the hearing or hearings at least 7 days | ||||||
20 | before the hearing and in accordance with Section 4-219 of the | ||||||
21 | Illinois Highway Code. The notice must include the following: | ||||||
22 | (1) the date, time, and place of the hearing and the | ||||||
23 | address of the Department; | ||||||
24 | (2) the subject matter of the hearing; | ||||||
25 | (3) a description of the agreement that may be awarded; | ||||||
26 | and |
| |||||||
| |||||||
1 | (4) the recommendation that has been made to select an | ||||||
2 | offeror as the contractor for the Illiana Expressway | ||||||
3 | project. | ||||||
4 | At the hearing, the Department shall allow the public to be | ||||||
5 | heard on the subject of the hearing. | ||||||
6 | (h) After the procedures required in this Section have been | ||||||
7 | completed, the Department shall make a determination as to | ||||||
8 | whether the offeror should be designated as the contractor for | ||||||
9 | the Illiana Expressway project and shall submit the decision to | ||||||
10 | the Governor and to the Governor's Office of Management and | ||||||
11 | Budget. After review of the Department's determination, the | ||||||
12 | Governor may accept or reject the determination. If the | ||||||
13 | Governor accepts the determination of the Department, the | ||||||
14 | Governor shall designate the offeror for the Illiana Expressway | ||||||
15 | project.
| ||||||
16 | (Source: P.A. 96-913, eff. 6-9-10.)
| ||||||
17 | Section 165. The Public-Private Agreements for the South | ||||||
18 | Suburban Airport Act is amended by changing Section 2-30 as | ||||||
19 | follows:
| ||||||
20 | (620 ILCS 75/2-30)
| ||||||
21 | Sec. 2-30. Request for proposals process to enter into | ||||||
22 | public-private agreements.
| ||||||
23 | (a) Notwithstanding any provisions of the Illinois | ||||||
24 | Procurement Code, the Department, on behalf of the State, shall |
| |||||||
| |||||||
1 | select a contractor through a competitive request for proposals | ||||||
2 | process governed by Section 2-30 of this Act. The Department | ||||||
3 | will consult with the chief procurement officer for | ||||||
4 | construction or construction-related activities designated | ||||||
5 | pursuant to clause (2) of Section 1-15.15 of the Illinois | ||||||
6 | Procurement Code on the competitive request for proposals | ||||||
7 | process, and the Secretary will determine, in consultation with | ||||||
8 | the chief procurement officer, which procedures to adopt and | ||||||
9 | apply to the competitive request for proposals process in order | ||||||
10 | to ensure an open, transparent, and efficient process that | ||||||
11 | accomplishes the purposes of this Act. | ||||||
12 | (b) The competitive request for proposals process shall, at | ||||||
13 | a minimum, solicit statements of qualification and proposals | ||||||
14 | from offerors. | ||||||
15 | (c) The competitive request for proposals process shall, at | ||||||
16 | a minimum, take into account the following criteria: | ||||||
17 | (1) the offeror's plans for the South Suburban Airport | ||||||
18 | project; | ||||||
19 | (2) the offeror's current and past business practices; | ||||||
20 | (3) the offeror's poor or inadequate past performance | ||||||
21 | in developing, financing, constructing, managing, or | ||||||
22 | operating airports or other public assets; | ||||||
23 | (4) the offeror's ability to meet the utilization goals | ||||||
24 | for business enterprises established in the Business | ||||||
25 | Enterprise for Minorities, Women Females , and Persons with | ||||||
26 | Disabilities Act; |
| |||||||
| |||||||
1 | (5) the offeror's ability to comply with Section 2-105 | ||||||
2 | of the Illinois Human Rights Act; and | ||||||
3 | (6) the offeror's plans to comply with the Business | ||||||
4 | Enterprise for Minorities, Women Females , and Persons with | ||||||
5 | Disabilities Act and Section 2-105 of the Illinois Human | ||||||
6 | Rights Act. | ||||||
7 | (d) The Department shall retain the services of an advisor | ||||||
8 | or advisors with significant experience in the development, | ||||||
9 | financing, construction, management, or operation of public | ||||||
10 | assets to assist in the preparation of the request for | ||||||
11 | proposals. | ||||||
12 | (e) The Department shall not include terms in the request | ||||||
13 | for proposals that provide an advantage, whether directly or | ||||||
14 | indirectly, to any contractor presently providing goods, | ||||||
15 | services, or equipment to the Department. | ||||||
16 | (f) The Department shall select one or more offerors as | ||||||
17 | finalists. The Department shall submit the offeror's | ||||||
18 | statements of qualification and proposals to the Commission on | ||||||
19 | Government Forecasting and Accountability and the Procurement | ||||||
20 | Policy Board, which shall, within 30 days after the submission, | ||||||
21 | complete a review of the statements of qualification and | ||||||
22 | proposals and, jointly or separately, report on, at a minimum, | ||||||
23 | the satisfaction of the criteria contained in the request for | ||||||
24 | proposals, the qualifications of the offerors, and the value of | ||||||
25 | the proposals to the State. The Department shall not select an | ||||||
26 | offeror as the contractor for the South Suburban Airport |
| |||||||
| |||||||
1 | project until it has received and considered the findings of | ||||||
2 | the Commission on Government Forecasting and Accountability | ||||||
3 | and the Procurement Policy Board as set forth in their | ||||||
4 | respective reports. | ||||||
5 | (g) Before awarding a public-private agreement to an | ||||||
6 | offeror, the Department shall schedule and hold a public | ||||||
7 | hearing or hearings on the proposed public-private agreement | ||||||
8 | and publish notice of the hearing or hearings at least 7 days | ||||||
9 | before the hearing. The notice shall include the following: | ||||||
10 | (1) the date, time, and place of the hearing and the | ||||||
11 | address of the Department; | ||||||
12 | (2) the subject matter of the hearing; | ||||||
13 | (3) a description of the agreement that may be awarded; | ||||||
14 | and | ||||||
15 | (4) the recommendation that has been made to select an | ||||||
16 | offeror as the contractor for the South Suburban Airport | ||||||
17 | project. | ||||||
18 | At the hearing, the Department shall allow the public to be | ||||||
19 | heard on the subject of the hearing. | ||||||
20 | (h) After the procedures required in this Section have been | ||||||
21 | completed, the Department shall make a determination as to | ||||||
22 | whether the offeror should be designated as the contractor for | ||||||
23 | the South Suburban Airport project and shall submit the | ||||||
24 | decision to the Governor and to the Governor's Office of | ||||||
25 | Management and Budget. After review of the Department's | ||||||
26 | determination, the Governor may accept or reject the |
| |||||||
| |||||||
1 | determination. If the Governor accepts the determination of the | ||||||
2 | Department, the Governor shall designate the offeror for the | ||||||
3 | South Suburban Airport project.
| ||||||
4 | (Source: P.A. 98-109, eff. 7-25-13.)
| ||||||
5 | Section 170. The Public-Private Partnerships for | ||||||
6 | Transportation Act is amended by changing Section 25 as | ||||||
7 | follows:
| ||||||
8 | (630 ILCS 5/25)
| ||||||
9 | Sec. 25. Design-build procurement. | ||||||
10 | (a) This Section 25 shall apply only to transportation | ||||||
11 | projects for which the Department or the Authority intends to | ||||||
12 | execute a design-build agreement, in which case the Department | ||||||
13 | or the Authority shall abide by the requirements and procedures | ||||||
14 | of this Section 25 in addition to other applicable requirements | ||||||
15 | and procedures set forth in this Act. | ||||||
16 | (b)(1) The transportation agency must issue a notice of | ||||||
17 | intent to receive proposals for the project at least 14 days | ||||||
18 | before issuing the request for the qualifications. The | ||||||
19 | transportation agency must publish the advance notice in a | ||||||
20 | daily newspaper of general circulation in the county where the | ||||||
21 | transportation agency is located. The transportation agency is | ||||||
22 | encouraged to use publication of the notice in related | ||||||
23 | construction industry service publications. A brief | ||||||
24 | description of the proposed procurement must be included in the |
| |||||||
| |||||||
1 | notice. The transportation agency must provide a copy of the | ||||||
2 | request for qualifications to any party requesting a copy. | ||||||
3 | (2) The request for qualifications shall be prepared for | ||||||
4 | each project and must contain, without limitation, the | ||||||
5 | following information: (i) the name of the transportation | ||||||
6 | agency; (ii) a preliminary schedule for the completion of the | ||||||
7 | contract; (iii) the proposed budget for the project and the | ||||||
8 | source of funds, to the extent not already reflected in the | ||||||
9 | Department's Multi-Year Highway Improvement Program; (iv) the | ||||||
10 | shortlisting process for entities or groups of entities such as | ||||||
11 | unincorporated joint ventures wishing to submit proposals (the | ||||||
12 | transportation agency shall include, at a minimum, its normal | ||||||
13 | prequalification, licensing, registration, and other | ||||||
14 | requirements, but nothing contained herein precludes the use of | ||||||
15 | additional criteria by the transportation agency); (v) a | ||||||
16 | summary of anticipated material requirements of the contract, | ||||||
17 | including but not limited to, the proposed terms and | ||||||
18 | conditions, required performance and payment bonds, insurance, | ||||||
19 | and the utilization goals established by the transportation | ||||||
20 | agency for minority and women business enterprises and | ||||||
21 | compliance with Section 2-105 of the Illinois Human Rights Act; | ||||||
22 | and (vi) the anticipated number of entities that will be | ||||||
23 | shortlisted for the request for proposals phase. | ||||||
24 | (3) The transportation agency may include any other | ||||||
25 | relevant information in the request for qualifications that it | ||||||
26 | chooses to supply. The private entity shall be entitled to rely |
| |||||||
| |||||||
1 | upon the accuracy of this documentation in the development of | ||||||
2 | its statement of qualifications and its proposal only to the | ||||||
3 | extent expressly warranted by the transportation agency. | ||||||
4 | (4) The date that statements of qualifications are due must | ||||||
5 | be at least 21 calendar days after the date of the issuance of | ||||||
6 | the request for qualifications. In the event the cost of the | ||||||
7 | project is estimated to exceed $12,000,000, then the statement | ||||||
8 | of qualifications due date must be at least 28 calendar days | ||||||
9 | after the date of the issuance of the request for | ||||||
10 | qualifications. The transportation agency shall include in the | ||||||
11 | request for proposals a minimum of 30 days to develop the | ||||||
12 | proposals after the selection of entities from the evaluation | ||||||
13 | of the statements of qualifications is completed. | ||||||
14 | (c)(1) The transportation agency shall develop, with the | ||||||
15 | assistance of a licensed design professional, the request for | ||||||
16 | qualifications and the request for proposals, which shall | ||||||
17 | include scope and performance criteria. The scope and | ||||||
18 | performance criteria must be in sufficient detail and contain | ||||||
19 | adequate information to reasonably apprise the private | ||||||
20 | entities of the transportation agency's overall programmatic | ||||||
21 | needs and goals, including criteria and preliminary design | ||||||
22 | plans, general budget parameters, schedule, and delivery | ||||||
23 | requirements. | ||||||
24 | (2) Each request for qualifications and request for | ||||||
25 | proposals shall also include a description of the level of | ||||||
26 | design to be provided in the proposals. This description must |
| |||||||
| |||||||
1 | include the scope and type of renderings, drawings, and | ||||||
2 | specifications that, at a minimum, will be required by the | ||||||
3 | transportation agency to be produced by the private entities. | ||||||
4 | (3) The scope and performance criteria shall be prepared by | ||||||
5 | a design professional who is an employee of the transportation | ||||||
6 | agency, or the transportation agency may contract with an | ||||||
7 | independent design professional selected under the | ||||||
8 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
9 | Based Selection Act to provide these services. | ||||||
10 | (4) The design professional that prepares the scope and | ||||||
11 | performance criteria is prohibited from participating in any | ||||||
12 | private entity proposal for the project. | ||||||
13 | (d)(1) The transportation agency must use a two phase | ||||||
14 | procedure for the selection of the successful design-build | ||||||
15 | entity. The request for qualifications phase will evaluate and | ||||||
16 | shortlist the private entities based on qualifications, and the | ||||||
17 | request for proposals will evaluate the technical and cost | ||||||
18 | proposals. | ||||||
19 | (2) The transportation agency shall include in the request | ||||||
20 | for qualifications the evaluating factors to be used in the | ||||||
21 | request for qualifications phase. These factors are in addition | ||||||
22 | to any prequalification requirements of private entities that | ||||||
23 | the transportation agency has set forth. Each request for | ||||||
24 | qualifications shall establish the relative importance | ||||||
25 | assigned to each evaluation factor, including any weighting of | ||||||
26 | criteria to be employed by the transportation agency. The |
| |||||||
| |||||||
1 | transportation agency must maintain a record of the evaluation | ||||||
2 | scoring to be disclosed in event of a protest regarding the | ||||||
3 | solicitation. | ||||||
4 | The transportation agency shall include the following | ||||||
5 | criteria in every request for qualifications phase evaluation | ||||||
6 | of private entities: (i) experience of personnel; (ii) | ||||||
7 | successful experience with similar project types; (iii) | ||||||
8 | financial capability; (iv) timeliness of past performance; (v) | ||||||
9 | experience with similarly sized projects; (vi) successful | ||||||
10 | reference checks of the firm; (vii) commitment to assign | ||||||
11 | personnel for the duration of the project and qualifications of | ||||||
12 | the entity's consultants; and (viii) ability or past | ||||||
13 | performance in meeting or exhausting good faith efforts to meet | ||||||
14 | the utilization goals for business enterprises established in | ||||||
15 | the Business Enterprise for Minorities, Women Females , and | ||||||
16 | Persons with Disabilities Act and in complying with Section | ||||||
17 | 2-105 of the Illinois Human Rights Act. No proposal shall be | ||||||
18 | considered that does not include an entity's plan to comply | ||||||
19 | with the requirements regarding minority and women business | ||||||
20 | enterprises and economically disadvantaged firms established | ||||||
21 | by the transportation agency and with Section 2-105 of the | ||||||
22 | Illinois Human Rights Act. The transportation agency may | ||||||
23 | include any additional relevant criteria in the request for | ||||||
24 | qualifications phase that it deems necessary for a proper | ||||||
25 | qualification review. | ||||||
26 | Upon completion of the qualifications evaluation, the |
| |||||||
| |||||||
1 | transportation agency shall create a shortlist of the most | ||||||
2 | highly qualified private entities. | ||||||
3 | The transportation agency shall notify the entities | ||||||
4 | selected for the shortlist in writing. This notification shall | ||||||
5 | commence the period for the preparation of the request for | ||||||
6 | proposals phase technical and cost evaluations. The | ||||||
7 | transportation agency must allow sufficient time for the | ||||||
8 | shortlist entities to prepare their proposals considering the | ||||||
9 | scope and detail requested by the transportation agency. | ||||||
10 | (3) The transportation agency shall include in the request | ||||||
11 | for proposals the evaluating factors to be used in the | ||||||
12 | technical and cost submission components. Each request for | ||||||
13 | proposals shall establish, for both the technical and cost | ||||||
14 | submission components, the relative importance assigned to | ||||||
15 | each evaluation factor, including any weighting of criteria to | ||||||
16 | be employed by the transportation agency. The transportation | ||||||
17 | agency must maintain a record of the evaluation scoring to be | ||||||
18 | disclosed in event of a protest regarding the solicitation. | ||||||
19 | The transportation agency shall include the following | ||||||
20 | criteria in every request for proposals phase technical | ||||||
21 | evaluation of private entities: (i) compliance with objectives | ||||||
22 | of the project; (ii) compliance of proposed services to the | ||||||
23 | request for proposal requirements; (iii) compliance with the | ||||||
24 | request for proposal requirements of products or materials | ||||||
25 | proposed; (iv) quality of design parameters; and (v) design | ||||||
26 | concepts. The transportation agency may include any additional |
| |||||||
| |||||||
1 | relevant technical evaluation factors it deems necessary for | ||||||
2 | proper selection. | ||||||
3 | The transportation agency shall include the following | ||||||
4 | criteria in every request for proposals phase cost evaluation: | ||||||
5 | the total project cost and the time of completion. The | ||||||
6 | transportation agency may include any additional relevant | ||||||
7 | technical evaluation factors it deems necessary for proper | ||||||
8 | selection. The guaranteed maximum project cost criteria | ||||||
9 | weighing factor shall not exceed 30%. | ||||||
10 | The transportation agency shall directly employ or retain a | ||||||
11 | licensed design professional to evaluate the technical and cost | ||||||
12 | submissions to determine if the technical submissions are in | ||||||
13 | accordance with generally accepted industry standards. | ||||||
14 | (e) Statements of qualifications and proposals must be | ||||||
15 | properly identified and sealed. Statements of qualifications | ||||||
16 | and proposals may not be reviewed until after the deadline for | ||||||
17 | submission has passed as set forth in the request for | ||||||
18 | qualifications or the request for proposals. All private | ||||||
19 | entities submitting statements of qualifications or proposals | ||||||
20 | shall be disclosed after the deadline for submission, and all | ||||||
21 | private entities who are selected for request for proposals | ||||||
22 | phase evaluation shall also be disclosed at the time of that | ||||||
23 | determination. | ||||||
24 | Design-build proposals shall include a bid bond in the form | ||||||
25 | and security as designated in the request for proposals. | ||||||
26 | Proposals shall also contain a separate sealed envelope with |
| |||||||
| |||||||
1 | the cost information within the overall proposal submission. | ||||||
2 | Proposals shall include a list of all design professionals and | ||||||
3 | other entities to which any work identified in Section 30-30 of | ||||||
4 | the Illinois Procurement Code as a subdivision of construction | ||||||
5 | work may be subcontracted during the performance of the | ||||||
6 | contract to the extent known at the time of proposal. If the | ||||||
7 | information is not known at the time of proposal, then the | ||||||
8 | design-build agreement shall require the identification prior | ||||||
9 | to a previously unlisted subcontractor commencing work on the | ||||||
10 | transportation project. | ||||||
11 | Statements of qualifications and proposals must meet all | ||||||
12 | material requirements of the request for qualifications or | ||||||
13 | request for proposals, or else they may be rejected as | ||||||
14 | non-responsive. The transportation agency shall have the right | ||||||
15 | to reject any and all statements of qualifications and | ||||||
16 | proposals. | ||||||
17 | The private entity's proprietary intellectual property | ||||||
18 | contained in the drawings and specifications of any | ||||||
19 | unsuccessful statement of qualifications or proposal shall | ||||||
20 | remain the property of the private entity. | ||||||
21 | The transportation agency shall review the statements of | ||||||
22 | qualifications and the proposals for compliance with the | ||||||
23 | performance criteria and evaluation factors. | ||||||
24 | Statements of qualifications and proposals may be | ||||||
25 | withdrawn prior to the due date and time for submissions for | ||||||
26 | any cause. After evaluation begins by the transportation |
| |||||||
| |||||||
1 | agency, clear and convincing evidence of error is required for | ||||||
2 | withdrawal.
| ||||||
3 | (Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
| ||||||
4 | Section 175. The Criminal Code of 2012 is amended by | ||||||
5 | changing Sections 17-10.3 and 33E-2 as follows:
| ||||||
6 | (720 ILCS 5/17-10.3) | ||||||
7 | Sec. 17-10.3. Deception relating to certification of | ||||||
8 | disadvantaged business enterprises. | ||||||
9 | (a) Fraudulently obtaining or retaining certification. A | ||||||
10 | person
who, in the course of business, fraudulently obtains or | ||||||
11 | retains
certification as a minority-owned minority owned | ||||||
12 | business, women-owned female owned business, service-disabled | ||||||
13 | veteran-owned small business, or veteran-owned small business | ||||||
14 | commits
a Class 2 felony. | ||||||
15 | (b) Willfully making a false statement. A person who, in | ||||||
16 | the
course of business, willfully makes a false statement | ||||||
17 | whether by affidavit,
report or other representation, to an | ||||||
18 | official or employee of a State
agency or the Minority and | ||||||
19 | Female Business Enterprise Council for Minorities, Women, and | ||||||
20 | Persons with Disabilities for the
purpose of influencing the | ||||||
21 | certification or denial of certification of any
business entity | ||||||
22 | as a minority-owned minority owned business, women-owned | ||||||
23 | female owned business, service-disabled veteran-owned small | ||||||
24 | business, or veteran-owned small business
commits a Class 2 |
| |||||||
| |||||||
1 | felony. | ||||||
2 | (c) Willfully obstructing or impeding an official or | ||||||
3 | employee of
any agency in his or her investigation.
Any person | ||||||
4 | who, in the course of business, willfully obstructs or impedes
| ||||||
5 | an official or employee of any State agency or the Minority and | ||||||
6 | Female
Business Enterprise Council for Minorities, Women, and | ||||||
7 | Persons with Disabilities
who is investigating the | ||||||
8 | qualifications of a business
entity which has requested | ||||||
9 | certification as a minority-owned minority owned business, | ||||||
10 | women-owned
female owned business, service-disabled | ||||||
11 | veteran-owned small business, or veteran-owned small business | ||||||
12 | commits a Class 2 felony. | ||||||
13 | (d) Fraudulently obtaining public moneys reserved for
| ||||||
14 | disadvantaged business enterprises. Any person who, in the | ||||||
15 | course of
business, fraudulently obtains public moneys | ||||||
16 | reserved for, or allocated or
available to, minority-owned | ||||||
17 | minority owned businesses, women-owned female owned | ||||||
18 | businesses, service-disabled veteran-owned small businesses, | ||||||
19 | or veteran-owned small businesses commits a
Class 2 felony. | ||||||
20 | (e) Definitions. As used in this Article, " minority-owned | ||||||
21 | minority owned
business", " women-owned female owned business", | ||||||
22 | "State agency" with respect to minority-owned minority owned | ||||||
23 | businesses and women-owned female owned businesses, and | ||||||
24 | "certification" with respect to minority-owned minority owned | ||||||
25 | businesses and women-owned female owned businesses shall
have | ||||||
26 | the meanings ascribed to them in Section 2 of the Business |
| |||||||
| |||||||
1 | Enterprise for
Minorities, Women Females , and
Persons with | ||||||
2 | Disabilities Act. As used in this Article, "service-disabled | ||||||
3 | veteran-owned small business", "veteran-owned small business", | ||||||
4 | "State agency" with respect to service-disabled veteran-owned | ||||||
5 | small businesses and veteran-owned small businesses, and | ||||||
6 | "certification" with respect to service-disabled veteran-owned | ||||||
7 | small businesses and veteran-owned small businesses have the | ||||||
8 | same meanings as in Section 45-57 of the Illinois Procurement | ||||||
9 | Code.
| ||||||
10 | (Source: P.A. 96-1551, eff. 7-1-11; 97-260, eff. 8-5-11.)
| ||||||
11 | (720 ILCS 5/33E-2) (from Ch. 38, par. 33E-2)
| ||||||
12 | Sec. 33E-2. Definitions. In this Act:
| ||||||
13 | (a) "Public contract" means any
contract for goods, | ||||||
14 | services or construction let to any person with or
without bid | ||||||
15 | by any unit of State or local government.
| ||||||
16 | (b) "Unit of State or local government" means the State, | ||||||
17 | any unit of state
government or agency thereof, any county or | ||||||
18 | municipal government or committee
or agency thereof, or any | ||||||
19 | other entity which is funded by or expends tax
dollars or the | ||||||
20 | proceeds of publicly guaranteed bonds.
| ||||||
21 | (c) "Change order" means a change in a contract term other | ||||||
22 | than as
specifically provided for in the contract which | ||||||
23 | authorizes or necessitates
any increase or decrease in the cost | ||||||
24 | of the contract or the time to completion.
| ||||||
25 | (d) "Person" means any individual, firm, partnership,
|
| |||||||
| |||||||
1 | corporation, joint venture or other entity, but does not | ||||||
2 | include a unit
of State or local government.
| ||||||
3 | (e) "Person employed by any unit of State or local | ||||||
4 | government" means
any employee of a unit of State or local | ||||||
5 | government and any person defined in
subsection (d) who is | ||||||
6 | authorized by such unit of State or local government
to act on | ||||||
7 | its behalf in relation to any public contract.
| ||||||
8 | (f) "Sheltered market" has the meaning ascribed to it in | ||||||
9 | Section 8b of the Business Enterprise for Minorities, Women
| ||||||
10 | Females , and Persons with Disabilities Act; except that, with | ||||||
11 | respect to State contracts set aside for award to | ||||||
12 | service-disabled veteran-owned small businesses and | ||||||
13 | veteran-owned small businesses pursuant to Section 45-57 of the | ||||||
14 | Illinois Procurement Code, "sheltered market" means | ||||||
15 | procurements pursuant to that Section.
| ||||||
16 | (g) "Kickback" means any money, fee, commission, credit, | ||||||
17 | gift, gratuity,
thing of value, or compensation of any kind | ||||||
18 | which is provided, directly or
indirectly, to any prime | ||||||
19 | contractor, prime contractor employee,
subcontractor, or | ||||||
20 | subcontractor employee for the purpose of improperly
obtaining | ||||||
21 | or rewarding favorable treatment in connection with a prime
| ||||||
22 | contract or in connection with a subcontract relating to a | ||||||
23 | prime contract.
| ||||||
24 | (h) "Prime contractor" means any person who has entered | ||||||
25 | into
a public contract.
| ||||||
26 | (i) "Prime contractor employee" means any officer, |
| |||||||
| |||||||
1 | partner, employee, or
agent of a prime contractor.
| ||||||
2 | (i-5) "Stringing" means knowingly structuring a contract
| ||||||
3 | or job order to avoid the contract or job order being subject | ||||||
4 | to competitive
bidding requirements.
| ||||||
5 | (j) "Subcontract" means a contract or contractual action | ||||||
6 | entered into by
a prime contractor or subcontractor for the | ||||||
7 | purpose of obtaining goods or
services of any kind under a | ||||||
8 | prime contract.
| ||||||
9 | (k) "Subcontractor" (1) means any person, other than the | ||||||
10 | prime
contractor, who offers to furnish or furnishes any goods | ||||||
11 | or services of any
kind under a prime contract or a subcontract | ||||||
12 | entered into in connection
with such prime contract; and (2) | ||||||
13 | includes any person who offers to furnish
or furnishes goods or | ||||||
14 | services to the prime contractor or a higher tier
| ||||||
15 | subcontractor.
| ||||||
16 | (l) "Subcontractor employee" means any officer, partner, | ||||||
17 | employee, or
agent of a subcontractor.
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18 | (Source: P.A. 97-260, eff. 8-5-11.)
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19 | Section 180. The Business Corporation Act of 1983 is | ||||||
20 | amended by changing Section 14.05 as follows:
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21 | (805 ILCS 5/14.05) (from Ch. 32, par. 14.05)
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22 | Sec. 14.05. Annual report of domestic or foreign | ||||||
23 | corporation. Each domestic corporation organized under any | ||||||
24 | general law or
special act of this State authorizing the |
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1 | corporation to issue shares,
other than homestead | ||||||
2 | associations, building and loan associations, banks
and | ||||||
3 | insurance companies (which includes a syndicate or limited | ||||||
4 | syndicate
regulated under Article V 1/2 of the Illinois | ||||||
5 | Insurance Code or member of a
group of underwriters regulated | ||||||
6 | under Article V of that Code), and each
foreign corporation | ||||||
7 | (except members of a group of underwriters regulated
under | ||||||
8 | Article V of the Illinois Insurance Code) authorized to | ||||||
9 | transact
business in this State, shall file, within the time | ||||||
10 | prescribed by this
Act, an annual report setting forth:
| ||||||
11 | (a) The name of the corporation.
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12 | (b) The address, including street and number, or rural | ||||||
13 | route number, of
its registered office in this State, and | ||||||
14 | the name of its registered agent
at that address.
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15 | (c) The address, including street and number, or rural | ||||||
16 | route number, of
its principal office.
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17 | (d) The names and respective addresses, including | ||||||
18 | street and
number, or rural route number, of its directors | ||||||
19 | and officers.
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20 | (e) A statement of the aggregate number of shares which | ||||||
21 | the corporation
has authority to issue, itemized by classes | ||||||
22 | and series, if any, within a class.
| ||||||
23 | (f) A statement of the aggregate number of issued | ||||||
24 | shares, itemized by
classes, and series, if any, within a | ||||||
25 | class.
| ||||||
26 | (g) A statement, expressed in dollars, of the amount of |
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| |||||||
1 | paid-in capital
of the corporation as defined in this Act.
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2 | (h) Either a statement that (1) all the property of the | ||||||
3 | corporation is
located in this State and all of its | ||||||
4 | business is transacted at or from places
of business in | ||||||
5 | this State, or the corporation elects to pay the annual
| ||||||
6 | franchise tax on the basis of its entire paid-in capital, | ||||||
7 | or (2) a
statement, expressed in dollars, of the value of | ||||||
8 | all the property owned by
the corporation, wherever | ||||||
9 | located, and the value of the property located
within this | ||||||
10 | State, and a statement, expressed in dollars, of the gross
| ||||||
11 | amount of business transacted by the corporation and the | ||||||
12 | gross amount thereof
transacted by the corporation at or | ||||||
13 | from places of business in this State
as of the close of | ||||||
14 | its fiscal year on or immediately preceding the last day of
| ||||||
15 | the third month prior to the anniversary month or in the | ||||||
16 | case of a
corporation which has established an extended | ||||||
17 | filing month, as of the close
of its fiscal year on or | ||||||
18 | immediately preceding the last day of the third month
prior | ||||||
19 | to the extended filing month; however, in the case of a | ||||||
20 | domestic
corporation that has not completed its first | ||||||
21 | fiscal year, the statement with
respect to property owned | ||||||
22 | shall be as of the last day of the third month
preceding | ||||||
23 | the anniversary month and the statement with respect to | ||||||
24 | business
transacted shall be furnished for the period | ||||||
25 | between the date
of incorporation and the last day of the | ||||||
26 | third month preceding the
anniversary month. In the case of |
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| |||||||
1 | a foreign corporation that has not been
authorized to | ||||||
2 | transact business in this State for a period of 12 months | ||||||
3 | and
has not commenced transacting business prior to | ||||||
4 | obtaining
authority, the statement with respect to | ||||||
5 | property owned shall be as of the
last day of the third | ||||||
6 | month preceding the anniversary month and the
statement | ||||||
7 | with respect to business transacted shall be furnished for | ||||||
8 | the
period between the date of its authorization to | ||||||
9 | transact business in this
State and the last day of the | ||||||
10 | third month preceding the anniversary month.
If the data | ||||||
11 | referenced in item (2) of this subsection is not completed,
| ||||||
12 | the franchise tax provided for in this Act shall be | ||||||
13 | computed on the basis of
the entire paid-in capital.
| ||||||
14 | (i) A statement, including the basis therefor, of | ||||||
15 | status as a
" minority-owned minority owned business" or as | ||||||
16 | a " women-owned female owned business" as those terms
are | ||||||
17 | defined in the Business Enterprise for
Minorities, Women | ||||||
18 | Females , and Persons with Disabilities Act.
| ||||||
19 | (j) Additional information as may be necessary or | ||||||
20 | appropriate in
order to enable the Secretary of State to | ||||||
21 | administer this Act and to verify
the proper amount of fees | ||||||
22 | and franchise taxes payable by the corporation.
| ||||||
23 | The annual report shall be made on forms prescribed and | ||||||
24 | furnished by
the Secretary of State, and the information | ||||||
25 | therein required by paragraphs
(a) through (d), both inclusive, | ||||||
26 | of this Section, shall be given as of the date
of the execution |
| |||||||
| |||||||
1 | of the annual report and the information therein required
by | ||||||
2 | paragraphs (e), (f) and (g) of this Section shall be given as | ||||||
3 | of the
last day of the third month preceding the anniversary | ||||||
4 | month, except that
the information required by paragraphs (e), | ||||||
5 | (f) and (g) shall, in the case
of a corporation which has | ||||||
6 | established an extended filing month, be given
in its final | ||||||
7 | transition annual report and each subsequent annual report as
| ||||||
8 | of the close of its fiscal year immediately preceding its | ||||||
9 | extended filing
month. It shall be executed by the corporation | ||||||
10 | by its president, a
vice-president, secretary, assistant | ||||||
11 | secretary, treasurer or other officer
duly authorized by the | ||||||
12 | board of directors of the corporation to execute
those reports, | ||||||
13 | and verified by him or her, or, if the corporation is in the
| ||||||
14 | hands of a receiver or trustee, it shall be executed on behalf | ||||||
15 | of the
corporation and verified by the receiver or trustee.
| ||||||
16 | (Source: P.A. 92-16, eff. 6-28-01; 92-33, eff. 7-1-01; 93-59, | ||||||
17 | 7-1-03.)
| ||||||
18 | Section 999. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|