Bill Text: IL SB2365 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Freedom of Information Act. Makes a technical change in a Section concerning the short title.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Failed) 2019-01-09 - Session Sine Die [SB2365 Detail]
Download: Illinois-2017-SB2365-Engrossed.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Procurement Code is amended by | ||||||
5 | changing Section 20-60 and by adding Sections 20-7 and 50-80 as | ||||||
6 | follows:
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7 | (30 ILCS 500/20-7 new) | ||||||
8 | Sec. 20-7. Method of scoring. | ||||||
9 | (a) All procurement scoring rubrics for contracts entered | ||||||
10 | into under this Code shall account for and allocate 20% of the | ||||||
11 | total available points towards evaluation of each respondent's | ||||||
12 | commitment to diversity, and shall require supporting | ||||||
13 | documentation to that purpose. | ||||||
14 | (b) The scoring rubric requirements established under this | ||||||
15 | Section shall include, but not be limited to, the following: | ||||||
16 | (1) for publicly owned businesses, the number and | ||||||
17 | percentage of members of the respondent's governance board | ||||||
18 | who are women, minorities, or persons with disabilities; | ||||||
19 | (2) for privately owned businesses, the respondent | ||||||
20 | shall identify whether it or its affiliates are managed by | ||||||
21 | women, minorities, or persons with disabilities. For the | ||||||
22 | purposes of this paragraph (2), "managed by women, | ||||||
23 | minorities, or persons with disabilities" means being |
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1 | owned or managed by a 51% or more combination of women, | ||||||
2 | minorities, or persons with disabilities; | ||||||
3 | (3) the respondent shall provide the number and | ||||||
4 | percentage of the respondent's owners and managers who are | ||||||
5 | women, minorities, or persons with disabilities; | ||||||
6 | (4) the number and percentage of the respondent's | ||||||
7 | senior executive leaders, including partner, president, | ||||||
8 | chief operating officer, managing director, or other | ||||||
9 | senior executives, who are women, minorities, military | ||||||
10 | veterans, or persons with disabilities; | ||||||
11 | (5) the number and percentage of the respondent's | ||||||
12 | staff, including both full-time and part-time employees, | ||||||
13 | who are women, minorities, or persons with disabilities; | ||||||
14 | and | ||||||
15 | (6) the respondent's intended use of subcontractors | ||||||
16 | for a project, if any, that are women, minorities, or | ||||||
17 | persons with disabilities. | ||||||
18 | (c) When a solicitation, including solicitations for sole | ||||||
19 | source contracts and contracts with group purchasing | ||||||
20 | organizations, is issued by any State agency or public | ||||||
21 | institution of higher education and falls within a service or | ||||||
22 | product offering that has a history of disparate awards to a | ||||||
23 | class of business owners that are identified under the Business | ||||||
24 | Enterprise Program Act, the scoring rubric allocation | ||||||
25 | identified under subsection (a) shall be 30% of the total | ||||||
26 | available points towards evaluation of each respondent's |
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1 | commitment to diversity. | ||||||
2 | (d) If any State agency contract is eligible to be paid | ||||||
3 | for, in whole or in part, with federal-aid funds, grants, or | ||||||
4 | loans, and the provisions of this Section would result in the | ||||||
5 | loss of those federal-aid funds, grants, or loans, then the | ||||||
6 | contract is exempt from the provisions of this Section in order | ||||||
7 | to remain eligible for those federal-aid funds, grants, or | ||||||
8 | loans.
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9 | (30 ILCS 500/20-60) | ||||||
10 | Sec. 20-60. Duration of contracts. | ||||||
11 | (a) Maximum duration. A contract may be entered into for
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12 | any period of time deemed
to be in the best interests of the | ||||||
13 | State but not
exceeding 10 years inclusive, beginning January | ||||||
14 | 1, 2010, of proposed contract renewals. The length of
a lease | ||||||
15 | for real property or capital improvements shall be in
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16 | accordance with the provisions of
Section 40-25. The length of | ||||||
17 | energy conservation program contracts or energy savings | ||||||
18 | contracts or leases shall be in accordance with the provisions | ||||||
19 | of Section 25-45. A contract for bond or mortgage insurance | ||||||
20 | awarded by the Illinois Housing Development Authority, | ||||||
21 | however, may be entered into for any period of time less than | ||||||
22 | or equal to the maximum period of time that the subject bond or | ||||||
23 | mortgage may remain outstanding.
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24 | (b) Subject to appropriation. All contracts made or entered
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25 | into shall recite that they are
subject to termination and |
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1 | cancellation in any year for which the
General Assembly fails | ||||||
2 | to make
an appropriation to make payments under the terms of | ||||||
3 | the contract. | ||||||
4 | (c) The chief procurement officer shall file a proposed | ||||||
5 | extension or renewal of a contract with the Procurement Policy | ||||||
6 | Board prior to entering into any extension or renewal if the | ||||||
7 | cost associated with the extension or renewal exceeds $249,999. | ||||||
8 | The Procurement Policy Board may object to the proposed | ||||||
9 | extension or renewal within 30 calendar days and require a | ||||||
10 | hearing before the Board prior to entering into the extension | ||||||
11 | or renewal. If the Procurement Policy Board does not object | ||||||
12 | within 30 calendar days or takes affirmative action to | ||||||
13 | recommend the extension or renewal, the chief procurement | ||||||
14 | officer may enter into the extension or renewal of a contract. | ||||||
15 | This subsection does not apply to any emergency procurement, | ||||||
16 | any procurement under Article 40, or any procurement exempted | ||||||
17 | by Section 1-10(b) of this Code. If any State agency contract | ||||||
18 | is paid for in whole or in part with federal-aid funds, grants, | ||||||
19 | or loans and the provisions of this subsection would result in | ||||||
20 | the loss of those federal-aid funds, grants, or loans, then the | ||||||
21 | contract is exempt from the provisions of this subsection in | ||||||
22 | order to remain eligible for those federal-aid funds, grants, | ||||||
23 | or loans, and the State agency shall file notice of this | ||||||
24 | exemption with the Procurement Policy Board prior to entering | ||||||
25 | into the proposed extension or renewal. Nothing in this | ||||||
26 | subsection permits a chief procurement officer to enter into an |
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1 | extension or renewal in violation of subsection (a). By August | ||||||
2 | 1 each year, the Procurement Policy Board shall file a report | ||||||
3 | with the General Assembly identifying for the previous fiscal | ||||||
4 | year (i) the proposed extensions or renewals that were filed | ||||||
5 | with the Board and whether the Board objected and (ii) the | ||||||
6 | contracts exempt from this subsection. | ||||||
7 | (d) No vendor shall be eligible for renewal of a contract | ||||||
8 | when that vendor has failed to meet the Business Enterprise | ||||||
9 | Program spending goal specified under the contract, and that | ||||||
10 | vendor is not otherwise excused from compliance under the | ||||||
11 | Business Enterprise Program Act. This subsection (d) does not | ||||||
12 | apply to the renewal of contracts for construction or | ||||||
13 | construction-related services. | ||||||
14 | (Source: P.A. 100-23, eff. 7-6-17.)
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15 | (30 ILCS 500/50-80 new) | ||||||
16 | Sec. 50-80. Diversity training; report. | ||||||
17 | (a) All employees under each Chief Procurement Officer, as | ||||||
18 | defined under Section 1-15.15, shall complete annual training | ||||||
19 | for diversity and inclusion as prescribed by the Chief | ||||||
20 | Procurement Officer in consultation with the Business | ||||||
21 | Enterprise Council. | ||||||
22 | (b) Each Chief Procurement Officer shall submit to the | ||||||
23 | Business Enterprise Council an annual report that summarizes | ||||||
24 | diversity training that was completed during the previous year, | ||||||
25 | and lays out the plan for the diversity training programs in |
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1 | the coming year. Each Chief Procurement Officer shall also | ||||||
2 | submit to the Executive Ethics Commission an annual report | ||||||
3 | detailing the current status of its diversity efforts, and an | ||||||
4 | action plan to increase diversity internally within their | ||||||
5 | respective offices.
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6 | Section 10. The Business Enterprise for Minorities, Women, | ||||||
7 | and Persons with
Disabilities Act is amended by changing | ||||||
8 | Sections 4f and 6 as follows:
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9 | (30 ILCS 575/4f) | ||||||
10 | (Section scheduled to be repealed on June 30, 2020) | ||||||
11 | Sec. 4f. Award of State contracts. | ||||||
12 | (1) It is hereby declared to be the public policy of the | ||||||
13 | State of Illinois to promote and encourage each State agency | ||||||
14 | and public institution of higher education to use businesses | ||||||
15 | owned by minorities, women, and persons with disabilities in | ||||||
16 | the area of goods and services, including, but not limited to, | ||||||
17 | insurance services, investment management services, | ||||||
18 | information technology services, accounting services, | ||||||
19 | architectural and engineering services, and legal services. | ||||||
20 | Furthermore, each State agency and public institution of higher | ||||||
21 | education shall utilize such firms to the greatest extent | ||||||
22 | feasible within the bounds of financial and fiduciary prudence, | ||||||
23 | and take affirmative steps to remove any barriers to the full | ||||||
24 | participation of such firms in the procurement and contracting |
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1 | opportunities afforded. | ||||||
2 | (a) When a State agency or public institution of higher | ||||||
3 | education, other than a community college, awards a | ||||||
4 | contract for insurance services, for each State agency or | ||||||
5 | public institution of higher education, it shall be the | ||||||
6 | aspirational goal to use insurance brokers owned by | ||||||
7 | minorities, women, and persons with disabilities as | ||||||
8 | defined by this Act, for not less than 20% of the total | ||||||
9 | annual premiums or fees. | ||||||
10 | (b) When a State agency or public institution of higher | ||||||
11 | education, other than a community college, awards a | ||||||
12 | contract for investment services, for each State agency or | ||||||
13 | public institution of higher education, it shall be the | ||||||
14 | aspirational goal to use emerging investment managers | ||||||
15 | owned by minorities, women, and persons with disabilities | ||||||
16 | as defined by this Act, for not less than 20% of the total | ||||||
17 | funds under management. Furthermore, it is the | ||||||
18 | aspirational goal that not less than 20% of the direct | ||||||
19 | asset managers of the State funds be minorities, women, and | ||||||
20 | persons with disabilities. | ||||||
21 | (c) When a State agency or public institution of higher | ||||||
22 | education, other than a community college, awards | ||||||
23 | contracts for information technology services, accounting | ||||||
24 | services, architectural and engineering services, and | ||||||
25 | legal services, for each State agency and public | ||||||
26 | institution of higher education, it shall be the |
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1 | aspirational goal to use such firms owned by minorities, | ||||||
2 | women, and persons with disabilities as defined by this Act | ||||||
3 | and lawyers who are minorities, women, and persons with | ||||||
4 | disabilities as defined by this Act, for not less than 20% | ||||||
5 | of the total dollar amount of State contracts. In the case | ||||||
6 | of State contracts for architectural and engineering | ||||||
7 | services, the provisions of this subsection (c) requiring a | ||||||
8 | portion of State contracts to be awarded to businesses | ||||||
9 | owned and controlled by persons with disabilities do not | ||||||
10 | apply. | ||||||
11 | (d) When a community college awards a contract for | ||||||
12 | insurance services, investment services, information | ||||||
13 | technology services, accounting services, architectural | ||||||
14 | and engineering services, and legal services, it shall be | ||||||
15 | the aspirational goal of each community college to use | ||||||
16 | businesses owned by minorities, women, and persons with | ||||||
17 | disabilities as defined in this Act for not less than 20% | ||||||
18 | of the total amount spent on contracts for these services | ||||||
19 | collectively. When a community college awards contracts | ||||||
20 | for investment services, contracts awarded to investment | ||||||
21 | managers who are not emerging investment managers as | ||||||
22 | defined in this Act shall not be considered businesses | ||||||
23 | owned by minorities, women, or persons with disabilities | ||||||
24 | for the purposes of this Section. | ||||||
25 | (e) When a State agency or public institution of higher | ||||||
26 | education issues requests for proposals or solicitations, |
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1 | including requests and solicitations for sole source | ||||||
2 | contracts and contracts with group purchasing | ||||||
3 | organizations, that fall within a service or product | ||||||
4 | offering that has a history of disparate awards to a class | ||||||
5 | of business owners that are underrepresented in contract | ||||||
6 | awards, it shall be the aspirational goal to use service or | ||||||
7 | product providers owned by minorities, women, and persons | ||||||
8 | with disabilities as defined by this Act for not less than | ||||||
9 | 20% of the total dollar amount of State contracts. If the | ||||||
10 | State agency or public institution of higher education | ||||||
11 | believes that it may be difficult to properly assess the | ||||||
12 | minimum 20% aspirational goal, then it may appear before | ||||||
13 | the Council to seek a modification of the goal requirement | ||||||
14 | provided under this paragraph (e). | ||||||
15 | If any State agency contract is eligible to be paid | ||||||
16 | for, in whole or in part, with federal-aid funds, grants, | ||||||
17 | or loans, and the provisions of this paragraph (e) would | ||||||
18 | result in the loss of those federal-aid funds, grants, or | ||||||
19 | loans, then the contract is exempt from the provisions of | ||||||
20 | this paragraph (e) in order to remain eligible for those | ||||||
21 | federal-aid funds, grants, or loans. | ||||||
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, |
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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 |
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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, 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 to the General | ||||||
14 | Assembly shall be filed with the Clerk of the House of | ||||||
15 | Representatives and the Secretary of the Senate in electronic | ||||||
16 | form only, in the manner that the Clerk and the Secretary shall | ||||||
17 | direct The report filed with the General Assembly shall be | ||||||
18 | filed as required in Section 3.1 of the General Assembly | ||||||
19 | Organization Act . This report shall: (i) identify the service | ||||||
20 | firms used by each State agency and public institution of | ||||||
21 | higher education, (ii) identify the actions it has undertaken | ||||||
22 | to increase the use of service firms owned by minorities, | ||||||
23 | women, and persons with disabilities, including encouraging | ||||||
24 | non-minority-owned firms to use other service firms owned by | ||||||
25 | minorities, women, and persons with disabilities as | ||||||
26 | subcontractors when the opportunities arise, (iii) state any |
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1 | recommendations made by the Council to each State agency and | ||||||
2 | public institution of higher education to increase | ||||||
3 | participation by the use of service firms owned by minorities, | ||||||
4 | women, and persons with disabilities, and (iv) include the | ||||||
5 | following: | ||||||
6 | (A) For insurance services: the names of the insurance | ||||||
7 | brokers or claims consultants used, the total of risk | ||||||
8 | managed by each State agency and public institution of | ||||||
9 | higher education by insurance brokers, the total | ||||||
10 | commissions, fees paid, or both, the lines or insurance | ||||||
11 | policies placed, and the amount of premiums placed; and the | ||||||
12 | percentage of the risk managed by insurance brokers, the | ||||||
13 | percentage of total commission, fees paid, or both, the | ||||||
14 | lines or insurance policies placed, and the amount of | ||||||
15 | premiums placed with each by the insurance brokers owned by | ||||||
16 | minorities, women, and persons with disabilities by each | ||||||
17 | State agency and public institution of higher education. | ||||||
18 | (B) For investment management services: the names of | ||||||
19 | the investment managers used, the total funds under | ||||||
20 | management of investment managers; the total commissions, | ||||||
21 | fees paid, or both; the total and percentage of funds under | ||||||
22 | management of emerging investment managers owned by | ||||||
23 | minorities, women, and persons with disabilities, | ||||||
24 | including the total and percentage of total commissions, | ||||||
25 | fees paid, or both by each State agency and public | ||||||
26 | institution of higher education. |
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1 | (C) The names of service firms, the percentage and | ||||||
2 | total dollar amount paid for professional services by | ||||||
3 | category by each State agency and public institution of | ||||||
4 | higher education. | ||||||
5 | (D) The names of service firms, the percentage and | ||||||
6 | total dollar amount paid for services by category to firms | ||||||
7 | owned by minorities, women, and persons with disabilities | ||||||
8 | by each State agency and public institution of higher | ||||||
9 | education. | ||||||
10 | (E) The total number of contracts awarded for services | ||||||
11 | by category and the total number of contracts awarded to | ||||||
12 | firms owned by minorities, women, and persons with | ||||||
13 | disabilities by each State agency and public institution of | ||||||
14 | higher education. | ||||||
15 | (5) For community college districts, the Business | ||||||
16 | Enterprise Council shall only report the following information | ||||||
17 | for each community college district: (i) the name of the | ||||||
18 | community colleges in the district, (ii) the name and contact | ||||||
19 | information of a person at each community college appointed to | ||||||
20 | be the single point of contact for vendors owned by minorities, | ||||||
21 | women, or persons with disabilities, (iii) the policy of the | ||||||
22 | community college district concerning certified vendors, (iv) | ||||||
23 | the certifications recognized by the community college | ||||||
24 | district for determining whether a business is owned or | ||||||
25 | controlled by a minority, woman, or person with a disability, | ||||||
26 | (v) outreach efforts conducted by the community college |
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1 | district to increase the use of certified vendors, (vi) the | ||||||
2 | total expenditures by the community college district in the | ||||||
3 | prior fiscal year in the divisions of work specified in | ||||||
4 | paragraphs (a), (b), and (c) of subsection (1) of this Section | ||||||
5 | and the amount paid to certified vendors in those divisions of | ||||||
6 | work, and (vii) the total number of contracts entered into for | ||||||
7 | the divisions of work specified in paragraphs (a), (b), and (c) | ||||||
8 | of subsection (1) of this Section and the total number of | ||||||
9 | contracts awarded to certified vendors providing these | ||||||
10 | services to the community college district. The Business | ||||||
11 | Enterprise Council shall not make any utilization reports under | ||||||
12 | this Act for community college districts for Fiscal Year 2015 | ||||||
13 | and Fiscal Year 2016, but shall make the report required by | ||||||
14 | this subsection for Fiscal Year 2017 and for each fiscal year | ||||||
15 | thereafter. The Business Enterprise Council shall report the | ||||||
16 | information in items (i), (ii), (iii), and (iv) of this | ||||||
17 | subsection beginning in September of 2016. The Business | ||||||
18 | Enterprise Council may collect the data needed to make its | ||||||
19 | report from the Illinois Community College Board. | ||||||
20 | (6) The status of the utilization of services shall be | ||||||
21 | discussed at each of the regularly scheduled Business | ||||||
22 | Enterprise Council meetings. Time shall be allotted for the | ||||||
23 | Council to receive, review, and discuss the progress of the use | ||||||
24 | of service firms owned by minorities, women, and persons with | ||||||
25 | disabilities by each State agency and public institution of | ||||||
26 | higher education; and any evidence regarding past or present |
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1 | racial, ethnic, or gender-based discrimination which directly | ||||||
2 | impacts a State agency or public institution of higher | ||||||
3 | education contracting with such firms. If after reviewing such | ||||||
4 | evidence the Council finds that there is or has been such | ||||||
5 | discrimination against a specific group, race or sex, the | ||||||
6 | Council shall establish sheltered markets or adjust existing | ||||||
7 | sheltered markets tailored to address the Council's specific | ||||||
8 | findings for the divisions of work specified in paragraphs (a), | ||||||
9 | (b), and (c) of subsection (1) of this Section.
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10 | (Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16; | ||||||
11 | 100-391, eff. 8-25-17.)
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12 | (30 ILCS 575/6) (from Ch. 127, par. 132.606)
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13 | (Section scheduled to be repealed on June 30, 2020)
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14 | Sec. 6. Agency compliance plans. Each State agency and | ||||||
15 | public institutions of higher education
under the
jurisdiction | ||||||
16 | of this Act
shall file
with the Council an annual compliance | ||||||
17 | plan which shall outline the
goals of the State agency or | ||||||
18 | public institutions of higher education for contracting with | ||||||
19 | businesses owned by minorities, women, and
persons with | ||||||
20 | disabilities for the then current fiscal
year, the manner in | ||||||
21 | which the agency intends to reach these goals and a
timetable | ||||||
22 | for reaching these goals. The Council shall review and approve
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23 | the plan of each State agency and public institutions of higher | ||||||
24 | education and may reject any
plan that does
not comply with
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25 | this Act or any rules or regulations promulgated pursuant to |
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1 | this Act.
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2 | (a) The compliance plan shall also include, but not be | ||||||
3 | limited to, (1) a
policy statement, signed by the State agency | ||||||
4 | or public institution of higher education head,
expressing a
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5 | commitment to
encourage the use of
businesses owned by
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6 | minorities, women, and persons with disabilities, (2) the | ||||||
7 | designation of
the liaison
officer
provided for in Section 5 of | ||||||
8 | this Act, (3) procedures to distribute to
potential contractors | ||||||
9 | and vendors the list of all businesses legitimately classified | ||||||
10 | as businesses owned by
minorities, women, and persons with | ||||||
11 | disabilities and so certified under
this Act, (4) procedures to | ||||||
12 | set
separate contract goals on specific prime contracts and | ||||||
13 | purchase orders
with subcontracting possibilities based upon | ||||||
14 | the type of work or services
and subcontractor availability, | ||||||
15 | (5) procedures to assure that contractors
and vendors make good | ||||||
16 | faith efforts to meet contract goals, (6) procedures
for | ||||||
17 | contract goal exemption, modification and waiver, and (7) the | ||||||
18 | delineation
of separate contract goals for businesses owned by | ||||||
19 | minorities, women, and persons with
disabilities.
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20 | (b) Approval of the compliance plans shall include such | ||||||
21 | delegation of
responsibilities to the requesting State agency | ||||||
22 | or public institution of higher education as
the Council
deems | ||||||
23 | necessary
and appropriate to fulfill the purpose of this Act. | ||||||
24 | Such responsibilities
may include, but need not be limited to | ||||||
25 | those outlined in subsections (1),
(2) and (3) of Section 7, | ||||||
26 | paragraph (a) of Section 8, and Section 8a of this Act.
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1 | (c) Each State agency and public institution of higher | ||||||
2 | education under the jurisdiction of
this Act
shall
file with | ||||||
3 | the Council an annual report of its utilization of businesses | ||||||
4 | owned
by minorities, women, and persons with disabilities | ||||||
5 | during the preceding fiscal year including lapse period | ||||||
6 | spending
and a mid-fiscal year report of its utilization to | ||||||
7 | date for the then current
fiscal year. The reports shall | ||||||
8 | include a self-evaluation of the efforts of the
State agency or | ||||||
9 | public institution of higher education to meet its goals under | ||||||
10 | the
Act , as well as a plan to increase the diversity
of their | ||||||
11 | vendors engaged in contracts, with a particular focus
on those | ||||||
12 | most underrepresented in contract awards .
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13 | (d) Notwithstanding any provisions to the contrary in this | ||||||
14 | Act,
any State
agency or public institution of higher education | ||||||
15 | which administers a construction program,
for which federal law | ||||||
16 | or regulations establish standards and procedures for
the | ||||||
17 | utilization of minority-owned and women-owned businesses and | ||||||
18 | disadvantaged businesses,
shall implement a disadvantaged | ||||||
19 | business enterprise program to include minority-owned and | ||||||
20 | women-owned businesses and disadvantaged businesses, using
the | ||||||
21 | federal
standards and procedures for the establishment of goals | ||||||
22 | and
utilization procedures for the State-funded, as well as the | ||||||
23 | federally
assisted, portions of the program. In such cases, | ||||||
24 | these goals shall not
exceed those established pursuant to the | ||||||
25 | relevant federal statutes or
regulations.
Notwithstanding the | ||||||
26 | provisions of Section 8b, the Illinois Department of
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1 | Transportation is authorized to establish sheltered markets | ||||||
2 | for the
State-funded portions of the program consistent with | ||||||
3 | federal law and
regulations.
Additionally, a compliance plan | ||||||
4 | which is filed by such State
agency or public institution of | ||||||
5 | higher education pursuant to this Act, which incorporates
| ||||||
6 | equivalent terms and
conditions of its federally-approved | ||||||
7 | compliance plan, shall be deemed
approved under this Act.
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8 | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
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