Illinois Compiled Statutes
Chapter 30 - FINANCE
30 ILCS 575/ - Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

(30 ILCS 575/0.01) (from Ch. 127, par. 132.600)
(Section scheduled to be repealed on June 30, 2024)
Sec. 0.01. Short title. This Act may be
cited as the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

(Source: P.A. 100-391, eff. 8-25-17.)
 
(30 ILCS 575/1) (from Ch. 127, par. 132.601)
(Section scheduled to be repealed on June 30, 2024)
Sec. 1. Purpose. The State of Illinois declares that it is the public
policy of the State to promote and encourage the continuing economic
development of minority-owned and women-owned and operated businesses
and that minority-owned
and women-owned and operated businesses participate in the
State's procurement process as both prime and subcontractors.
The State
of Illinois has observed that the goals established in this
Act have served to increase the
participation of minority and women businesses
in contracts awarded by the
State. The State hereby declares that
the adoption of this amendatory Act of 1989 shall serve the State's
continuing interest in promoting open access in the awarding of State
contracts to disadvantaged small business enterprises victimized by
discriminatory
practices. Furthermore, after reviewing evidence of the high level of
attainment of the 10% minimum goals established under this Act, and, after
considering evidence that minority and women businesses, as established in
1982, constituted and continue to constitute more than 10% of the
businesses operating in this State, the State declares that the
continuation of such 10% minimum goals under this amendatory Act of 1989 is
a narrowly tailored means of promoting open access and thus the further
growth and development of minority and women businesses.
The State of Illinois further declares that it is the public policy of this
State to promote and encourage the continuous economic development of
businesses
owned by persons with disabilities and a 2% contracting goal is a narrowly
tailored means of promoting open access and thus the further growth and
development of those businesses.

(Source: P.A. 100-391, eff. 8-25-17.)
 
(30 ILCS 575/2)
(Section scheduled to be repealed on June 30, 2024)
Sec. 2. Definitions.
(A) For the purpose of this Act, the following
terms shall have the following definitions:
(B) When a business is owned at least 51% by any combination of
minority persons, women, or persons with disabilities,
even though none of the 3 classes alone holds at least a 51% interest, the
ownership
requirement for purposes of this Act is considered to be met. The
certification category for the business is that of the class holding the
largest ownership
interest in the business. If 2 or more classes have equal ownership interests,
the certification category shall be determined by
the business.

(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)
 
(30 ILCS 575/2.5)
(Section scheduled to be repealed on June 30, 2024)
Sec. 2.5. Public private agreements. This Act applies to any public private agreement entered into under the Public Private Agreements for the Illiana Expressway Act and the Public-Private Agreements for the South Suburban Airport Act.

(Source: P.A. 98-109, eff. 7-25-13.)
 
(30 ILCS 575/2.7)
(Section scheduled to be repealed on June 30, 2024)
Sec. 2.7. Public-private agreements. This Act applies to any public-private agreement entered into under the Public-Private Partnerships for Transportation Act.

(Source: P.A. 97-502, eff. 8-23-11.)
 
(30 ILCS 575/2.8)
Sec. 2.8. Design-build and Construction Manager/General Contractor contracts. This Act applies to any design-build contracts and Construction Manager/General Contractor contracts entered into under the Innovations for Transportation Infrastructure Act.

(Source: P.A. 102-1094, eff. 6-15-22.)
 
(30 ILCS 575/3) (from Ch. 127, par. 132.603)
(Section scheduled to be repealed on June 30, 2024)
Sec. 3. Implementation and applicability. This Act shall be applied
to all State agencies and public institutions of higher education.

(Source: P.A. 99-462, eff. 8-25-15.)
 
(30 ILCS 575/4) (from Ch. 127, par. 132.604)
(Section scheduled to be repealed on June 30, 2024)
Sec. 4. Award of State contracts.
(a) Except as provided in subsection (b), not less than 30% of
the total dollar amount of State contracts, as defined by the Secretary of
the Council and approved by the Council, shall be established as an aspirational goal to
be awarded to businesses owned by minorities,
women, and persons with disabilities; provided, however, that
of the total amount of all
State contracts awarded to businesses owned by
minorities, women, and persons with disabilities pursuant to
this Section, contracts representing at least 16% shall be awarded to businesses owned by minorities, contracts representing at least 10% shall be awarded to women-owned businesses, and contracts representing at least 4% shall be awarded to businesses owned by persons with disabilities.
(a-5) In addition to the aspirational goals in awarding State contracts set under subsection (a), the Commission shall by rule further establish targeted efforts to encourage the participation of businesses owned by minorities, women, and persons with disabilities on State contracts. Such efforts shall include, but not be limited to, further concerted outreach efforts to businesses owned by minorities, women, and persons with disabilities.
The above percentage relates to the total dollar amount of State
contracts during each State fiscal year, calculated by examining
independently each type of contract for each agency or public institutions of higher education which
lets such contracts. Only that percentage of arrangements which represents the participation of businesses owned by
minorities, women, and persons with disabilities on such contracts shall
be included. State contracts subject to the requirements of this Act shall include the requirement that only expenditures to businesses owned by minorities, women, and persons with disabilities that perform a commercially useful function may be counted toward the goals set forth by this Act. Contracts shall include a definition of "commercially useful function" that is consistent with 49 CFR 26.55(c).
(b) Not less
than 20% of the total dollar amount of State construction contracts is
established as an aspirational goal to be awarded to businesses owned by minorities, women, and persons with disabilities; provided that, contracts representing at least 11% of the total dollar amount of State construction contracts shall be awarded to businesses owned by minorities; contracts representing at least 7% of the total dollar amount of State construction contracts shall be awarded to women-owned businesses; and contracts representing at least 2% of the total dollar amount of State construction contracts shall be awarded to businesses owned by persons with disabilities.
(c) (Blank).
(c-5) All goals established under this Section shall be contingent upon the results of the most recent disparity study conducted by the State.
(d) Within one year after April 28, 2009 (the effective date of Public Act 96-8), the Department of Central Management Services shall conduct a social scientific study that measures the impact of discrimination on minority and women business development in Illinois. Within 18 months after April 28, 2009 (the effective date of Public Act 96-8), the Department shall issue a report of its findings and any recommendations on whether to adjust the goals for minority and women participation established in this Act. Copies of this report and the social scientific study shall be filed with the Governor and the General Assembly.
By December 1, 2020, the Department of Central Management Services shall conduct a new social scientific study that measures the impact of discrimination on minority and women business development in Illinois. By June 1, 2022, the Department shall issue a report of its findings and any recommendations on whether to adjust the goals for minority and women participation established in this Act. Copies of this report and the social scientific study shall be filed with the Governor and the General Assembly. By December 1, 2022, the Commission on Equity and Inclusion Business Enterprise Program shall develop a model for social scientific disparity study sourcing for local governmental units to adapt and implement to address regional disparities in public procurement.
(e) All State contract solicitations that include Business Enterprise Program participation goals shall require bidders or offerors to include utilization plans. Utilization plans are due at the time of bid or offer submission. Failure to complete and include a utilization plan, including documentation demonstrating good faith efforts when requesting a waiver, shall render the bid or offer non-responsive.
Except as permitted under this Act or as otherwise
mandated by federal regulation, a bidder or offeror whose bid or offer is accepted and who included in that bid a completed utilization plan but who fails to meet the goals set forth in the
plan shall be notified of the deficiency by the
contracting agency or public institution of higher education
and shall be given a period of 10 calendar days to cure the deficiency by contracting with additional
subcontractors who are certified by the Business Enterprise
Program or by increasing the work to be performed by
previously identified vendors certified by the Business
Enterprise Program.
Deficiencies that may be cured include: (i) scrivener's errors, such as transposed numbers; (ii) information
submitted in an incorrect form or format; (iii) mistakes resulting from failure to follow instructions or to identify and
adequately document good faith efforts taken to comply with the utilization plan; or (iv) a proposal to use a
firm whose Business Enterprise Program certification has lapsed or is
not yet recognized. Cure is
not authorized if the bidder or offeror submits a blank
utilization plan, a utilization plan that shows lack of
reasonable effort to complete the form on time, or a
utilization plan that states the contract will be
self-performed, by a non-certified vendor, without showing
good faith efforts or a request for a waiver. All cure activity
shall address the deficiencies identified by the purchasing
agency and shall require clear documentation, including that
of good faith efforts, to address those deficiencies. Any
increase in cost to a contract for the addition of a
subcontractor to cure a bid's deficiency shall not affect the
bid price and shall not be used in the request for an exemption
under this Act, and, in no case, shall an identified
subcontractor with a Business Enterprise Program certification
made under this Act be terminated from a contract without
the written consent of the State agency or public institution
of higher education entering into the contract. The purchasing
agency or public institution of higher education shall make
the determination whether the cure is adequate.
Vendors certified with the Business Enterprise
Program at the time and date submittals are due and who do not submit
a utilization plan or have utilization plan deficiencies shall have 10 business days
to submit a utilization plan or to correct the utilization plan deficiencies.
(f) (Blank).
(g) (Blank).
(h) State agencies and public institutions of higher education shall notify the Commission on Equity and Inclusion of all non-responsive bids or proposals for State contracts.
(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; 101-657, Article 1, Section 1-5, eff. 1-1-22; 101-657, Article 40, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21; 102-558, eff. 8-20-21; 102-1119, eff. 1-23-23.)
 
(30 ILCS 575/4f)
(Section scheduled to be repealed on June 30, 2024)
Sec. 4f. Award of State contracts.
(1) It is hereby declared to be the public policy of the State of Illinois to promote and encourage each State agency and public institution of higher education to use businesses owned by minorities, women, and persons with disabilities in the area of goods and services, including, but not limited to, insurance services, investment management services, information technology services, accounting services, architectural and engineering services, and legal services. Furthermore, each State agency and public institution of higher education shall utilize such firms to the greatest extent feasible within the bounds of financial and fiduciary prudence, and take affirmative steps to remove any barriers to the full participation of such firms in the procurement and contracting opportunities afforded.
(2) As used in this Section:
(3) Each State agency and public institution of higher education shall adopt policies that identify its plan and implementation procedures for increasing the use of service firms owned by minorities, women, and persons with disabilities. All plan and implementation procedures for increasing the use of service firms owned by minorities, women, and persons with disabilities must be submitted to and approved by the Commission on Equity and Inclusion on an annual basis.
(4) Except as provided in subsection (5), the Council shall file no later than March 1 of each year an annual report to the Governor, the Bureau on Apprenticeship Programs and Clean Energy Jobs, and the General Assembly. The report filed with the General Assembly shall be filed as required in Section 3.1 of the General Assembly Organization Act. This report shall: (i) identify the service firms used by each State agency and public institution of higher education, (ii) identify the actions it has undertaken to increase the use of service firms owned by minorities, women, and persons with disabilities, including encouraging non-minority-owned firms to use other service firms owned by minorities, women, and persons with disabilities as subcontractors when the opportunities arise, (iii) state any recommendations made by the Council to each State agency and public institution of higher education to increase participation by the use of service firms owned by minorities, women, and persons with disabilities, and (iv) include the following:
(5) For community college districts, the Business Enterprise Council shall only report the following information for each community college district: (i) the name of the community colleges in the district, (ii) the name and contact information of a person at each community college appointed to be the single point of contact for vendors owned by minorities, women, or persons with disabilities, (iii) the policy of the community college district concerning certified vendors, (iv) the certifications recognized by the community college district for determining whether a business is owned or controlled by a minority, woman, or person with a disability, (v) outreach efforts conducted by the community college district to increase the use of certified vendors, (vi) the total expenditures by the community college district in the prior fiscal year in the divisions of work specified in paragraphs (a), (b), and (c) of subsection (1) of this Section and the amount paid to certified vendors in those divisions of work, and (vii) the total number of contracts entered into for the divisions of work specified in paragraphs (a), (b), and (c) of subsection (1) of this Section and the total number of contracts awarded to certified vendors providing these services to the community college district. The Business Enterprise Council shall not make any utilization reports under this Act for community college districts for Fiscal Year 2015 and Fiscal Year 2016, but shall make the report required by this subsection for Fiscal Year 2017 and for each fiscal year thereafter. The Business Enterprise Council shall report the information in items (i), (ii), (iii), and (iv) of this subsection beginning in September of 2016. The Business Enterprise Council may collect the data needed to make its report from the Illinois Community College Board.
(6) The status of the utilization of services shall be discussed at each of the regularly scheduled Business Enterprise Council meetings. Time shall be allotted for the Council to receive, review, and discuss the progress of the use of service firms owned by minorities, women, and persons with disabilities by each State agency and public institution of higher education; and any evidence regarding past or present racial, ethnic, or gender-based discrimination which directly impacts a State agency or public institution of higher education contracting with such firms. If after reviewing such evidence the Council finds that there is or has been such discrimination against a specific group, race or sex, the Council shall establish sheltered markets or adjust existing sheltered markets tailored to address the Council's specific findings for the divisions of work specified in paragraphs (a), (b), and (c) of subsection (1) of this Section.

(Source: P.A. 101-170, eff. 1-1-20; 101-657, Article 5, Section 5-10, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective date of P.A. 101-657, Article 5, Section 5-10); 101-657, Article 40, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21; 102-662, eff. 9-15-21.)
 
(30 ILCS 575/5) (from Ch. 127, par. 132.605)
(Section scheduled to be repealed on June 30, 2024)
Sec. 5. Business Enterprise Council.
(1) To help implement, monitor, and enforce the goals of this Act, there
is created the Business Enterprise Council for
Minorities, Women, and Persons with Disabilities, hereinafter
referred to as the Council, composed of the Chairperson of the Commission on Equity and Inclusion, the Secretary of Human Services and
the Directors of the Department of
Human Rights, the Department of Commerce and Economic Opportunity, the
Department of Central Management Services, the Department of Transportation and
the
Capital Development Board, or their duly appointed representatives, with the Comptroller, or his or her designee, serving as an advisory member of the Council. Ten
individuals representing businesses that are minority-owned, women-owned, or
owned by persons with disabilities, 2 individuals representing the business
community, and a representative of public institutions of higher education shall be appointed by the Governor. These members shall serve 2-year terms and shall be eligible for reappointment. Any vacancy occurring on
the Council shall also be filled by the Governor. Any member appointed to fill
a vacancy occurring prior to the expiration of the term for which his or her
predecessor was appointed shall be appointed for the remainder of such term.
Members of the Council shall serve without compensation but shall be reimbursed
for any ordinary and necessary expenses incurred in the performance of their
duties.
The Chairperson of the Commission shall serve
as the Council chairperson and shall select, subject to approval of the Council, a Secretary responsible for the operation of the program who shall
serve as the Division Manager of the Business
Enterprise for Minorities, Women, and Persons with Disabilities Division
of the Commission on Equity and Inclusion.
The Director of each State agency and the chief executive officer of
each public institution of higher education shall appoint a liaison to the Council. The liaison
shall be responsible for submitting to the Council any reports and
documents necessary under this Act.
(2) The Council's authority and responsibility shall be to:
(3) No premium bond rate of a surety company for a bond required of a business owned by a minority, woman, or person
with a disability bidding for a State contract shall be
higher than the lowest rate charged by that surety company for a similar
bond in the same classification of work that would be written for a business not owned by a minority, woman, or person with a disability.
(4) Any Council member who has direct financial or personal interest in
any measure pending before the Council shall disclose this fact to the
Council and refrain from participating in the determination upon such measure.
(5) The Secretary shall have the following duties and responsibilities:
(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; 102-558, eff. 8-20-21; 102-721, eff. 1-1-23.)
 
(30 ILCS 575/5.5)
(Section scheduled to be repealed on June 30, 2024)
Sec. 5.5. Transfer of Council and Business Enterprise Program functions.
(a) Notwithstanding any provision of law to the contrary, beginning on and after the effective date of this amendatory Act of the 101st General Assembly, the Commission on Equity and Inclusion shall have jurisdiction over the functions of the Business Enterprise Council and the Business Enterprise Program.
(b) All powers, duties, rights, and responsibilities of the Department of Central Management Services relating to jurisdiction over the Council and the Business Enterprise Program are transferred to the Commission.
(c) All books, records, papers, documents, property, contracts, causes of action, and pending
business pertaining to the powers, duties, rights, and
responsibilities of the Department of Central Management Services relating to jurisdiction over the Council and the Business Enterprise Program are transferred to the Commission.
(d) On the effective date of this amendatory Act of the 102nd General Assembly, the personnel of the Department of Central Management Services Business Enterprise Program are transferred to the Commission on Equity and Inclusion. The status and rights of such personnel under the Personnel Code are not affected by the transfer. The rights of the employees and the State of Illinois and its agencies under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan are not affected by this amendatory Act of the 102nd General Assembly.
(e) Whenever reports or notices are required to be made or given or papers or documents furnished or served by any person to or upon the Business Enterprise Program in connection with any of the powers, duties, rights, and responsibilities transferred by Public Act 101-0657, the Commission on Equity and Inclusion shall make, give, furnish, or serve them.
(f) The changes made to this Section by this amendatory Act of the 102nd General Assembly do not affect any act done, ratified, or canceled, any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause by the Business Enterprise Program before the effective date of this amendatory Act of the 102nd General Assembly. Such actions or proceedings may be prosecuted and continued by the Commission on Equity and Inclusion.
(g) Any rules that relate to the powers, duties, rights, and responsibilities of the Business Enterprise Program and are in force on the effective date of this amendatory Act of the 102nd General Assembly become the rules of the Commission on Equity and Inclusion. The changes made to this Section by this amendatory Act of the 102nd General Assembly do not affect the legality of any such rules.
(h) Any proposed rules filed with the Secretary of State by the Business Enterprise Program that are pending in the rulemaking process on the effective date of this amendatory Act of the 102nd General Assembly and pertain to the transferred powers, duties, rights, and responsibilities under Public Act 101-0657 are deemed to have been filed by the Commission on Equity and Inclusion. As soon as practicable, the Commission on Equity and Inclusion shall revise and clarify the rules transferred to it under this amendatory Act of the 102nd General Assembly to reflect the reorganization of powers, duties, rights, and responsibilities affected by Public Act 101-0657, using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and Section numbering for the affected rules may be retained. The Commission on Equity and Inclusion may propose and adopt under the Illinois Administrative Procedure Act other rules of the Business Enterprise Program pertaining to Public Act 101-0657 that are administered by the Department of Central Management Services.
(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
 
(30 ILCS 575/6) (from Ch. 127, par. 132.606)
(Section scheduled to be repealed on June 30, 2024)
Sec. 6. Agency compliance plans. Each State agency and public institutions of higher education
under the
jurisdiction of this Act
shall file
with the Council an annual compliance plan which shall outline the
goals of the State agency or public institutions of higher education for contracting with businesses owned by minorities, women, and
persons with disabilities for the then current fiscal
year, the manner in which the agency intends to reach these goals and a
timetable for reaching these goals. The Council shall review and approve
the plan of each State agency and public institutions of higher education and may reject any
plan that does
not comply with
this Act or any rules or regulations promulgated pursuant to this Act.
(a) The compliance plan shall also include, but not be limited to, (1) a
policy statement, signed by the State agency or public institution of higher education head,
expressing a
commitment to
encourage the use of
businesses owned by
minorities, women, and persons with disabilities, (2) the designation of
the liaison
officer
provided for in Section 5 of this Act, (3) procedures to distribute to
potential contractors and vendors the list of all businesses legitimately classified as businesses owned by
minorities, women, and persons with disabilities and so certified under
this Act, (4) procedures to set
separate contract goals on specific prime contracts and purchase orders
with subcontracting possibilities based upon the type of work or services
and subcontractor availability, (5) procedures to assure that contractors
and vendors make good faith efforts to meet contract goals, (6) procedures
for contract goal exemption, modification and waiver, and (7) the delineation
of separate contract goals for businesses owned by minorities, women, and persons with
disabilities.
(b) Approval of the compliance plans shall include such delegation of
responsibilities to the requesting State agency or public institution of higher education as
the Council
deems necessary
and appropriate to fulfill the purpose of this Act. Such responsibilities
may include, but need not be limited to those outlined in subsections (1),
(2) and (3) of Section 7, paragraph (a) of Section 8, and Section 8a of this Act.
(c) Each State agency and public institution of higher education under the jurisdiction of
this Act
shall
file with the Council an annual report of its utilization of businesses owned
by minorities, women, and persons with disabilities during the preceding fiscal year including lapse period spending
and a mid-fiscal year report of its utilization to date for the then current
fiscal year. The reports shall include a self-evaluation of the efforts of the
State agency or public institution of higher education to meet its goals under the
Act, as well as a plan to increase the diversity of the vendors engaged in contracts with the State agency or public institution of higher education, with a particular focus on the most underrepresented in contract awards.
(d) Notwithstanding any provisions to the contrary in this Act,
any State
agency or public institution of higher education which administers a construction program,
for which federal law or regulations establish standards and procedures for
the utilization of minority-owned and women-owned businesses and disadvantaged businesses,
shall implement a disadvantaged business enterprise program to include minority-owned and women-owned businesses and disadvantaged businesses, using
the federal
standards and procedures for the establishment of goals and
utilization procedures for the State-funded, as well as the federally
assisted, portions of the program. In such cases, these goals shall not
exceed those established pursuant to the relevant federal statutes or
regulations.
Notwithstanding the provisions of Section 8b, the Illinois Department of
Transportation is authorized to establish sheltered markets for the
State-funded portions of the program consistent with federal law and
regulations.
Additionally, a compliance plan which is filed by such State
agency or public institution of higher education pursuant to this Act, which incorporates
equivalent terms and
conditions of its federally-approved compliance plan, shall be deemed
approved under this Act.

(Source: P.A. 100-391, eff. 8-25-17; 101-657, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective date of P.A. 101-657).)
 
(30 ILCS 575/6a) (from Ch. 127, par. 132.606a)
(Section scheduled to be repealed on June 30, 2024)
Sec. 6a. Notice of contracts to Council. Except in case of emergency as
defined in the Illinois Procurement Code, or as authorized by rule promulgated by the Department of
Central Management Services, each agency and public institution of higher education under the
jurisdiction of
this Act shall notify the Secretary of the
Council
of proposed contracts
for professional and artistic services and provide the information in the
form and detail as required by rule promulgated by the Department of Central
Management Services. Notification may be made through
direct written communication to the Secretary to be received at least 14 days
before execution of the contract (or the solicitation response date, if
applicable). The agency or public institution of higher education must
consider any vendor referred by the Secretary before execution of the
contract. The provisions of this Section
shall not apply to any State agency or public institution of higher education that has awarded
contracts for
professional and artistic services to businesses
owned by minorities, women, and persons with disabilities totaling
in the aggregate $40,000,000 or more during the preceding fiscal year.

(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
(30 ILCS 575/7) (from Ch. 127, par. 132.607)
(Section scheduled to be repealed on June 30, 2024)
Sec. 7. Exemptions; waivers; publication of data.
(1) Individual contract exemptions.
The Council, at the written request of the affected agency,
public institution of higher education, or recipient of a grant or loan of State funds of $250,000 or more complying with Section 45 of the State Finance Act, may permit an individual contract or contract package,
(related contracts being bid or awarded simultaneously for the same project
or improvements) be made wholly or partially exempt from State contracting
goals for businesses owned by
minorities, women, and persons with disabilities prior to the advertisement
for bids or solicitation of proposals whenever there has been a
determination, reduced to writing and based on the best information
available at the time of the determination, that there is an insufficient
number of businesses owned by minorities, women, and persons with disabilities to ensure adequate
competition and an expectation of reasonable prices on bids or proposals
solicited for the individual contract or contract package in question. Any such exemptions shall be given by
the Council to the Bureau on Apprenticeship Programs and Clean Energy Jobs.
(2) Class exemptions.
(3) Waivers. Where a particular contract requires a contractor to meet
a goal established pursuant to this Act, the contractor shall have the right
to request a waiver from such requirements prior to the contract award. The Council shall grant the waiver when the contractor demonstrates that there has been made a good faith effort to comply with the goals for participation by businesses owned by minorities, women, and persons with disabilities. Any such waiver shall also be
transmitted in writing to the Bureau on Apprenticeship Programs and Clean Energy Jobs.
(3.5) (Blank).
(4) Conflict with other laws. In the event that any State contract, which
otherwise would be subject to the provisions of this Act, is or becomes
subject to federal laws or regulations which conflict with the provisions
of this Act or actions of the State taken pursuant hereto, the provisions
of the federal laws or regulations shall apply and the contract shall be
interpreted and enforced accordingly.
(5) Each chief procurement officer, as defined in the Illinois Procurement Code, shall maintain on his or her official Internet website a database of the following: (i) waivers granted under this Section with respect to contracts under his or her jurisdiction; (ii) a State agency or public institution of higher education's written request for an exemption of an individual contract or an entire class of contracts; and (iii) the Council's written determination granting or denying a request for an exemption of an individual contract or an entire class of contracts. The database, which shall be updated periodically as necessary, shall be searchable by contractor name and by contracting State agency.
(6) Each chief procurement officer, as defined by the Illinois Procurement Code, shall maintain on its website a list of all firms that have been prohibited from bidding, offering, or entering into a contract with the State of Illinois as a result of violations of this Act.
Each public notice required by law of the award of a State contract shall include for each bid or offer submitted for that contract the following: (i) the bidder's or offeror's name, (ii) the bid amount, (iii) the name or names of the certified firms identified in the bidder's or offeror's submitted utilization plan, and (iv) the bid's amount and percentage of the contract awarded to businesses owned by minorities, women, and persons with disabilities identified in the utilization plan.
(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; 102-662, eff. 9-15-21.)
 
(30 ILCS 575/8) (from Ch. 127, par. 132.608)
(Section scheduled to be repealed on June 30, 2024)
Sec. 8. Enforcement.
(1) The Commission on Equity and Inclusion shall make such findings, recommendations
and proposals to the Governor as are necessary and appropriate to enforce
this Act. If, as a result of its monitoring activities, the Commission determines
that its goals and policies are not being met by any State agency or public institution of higher education,
the Commission
may recommend any or all of the following actions:
(2) State agencies and public institutions of higher education shall monitor a vendor's compliance with its utilization plan and the terms of its contract. Without limitation, a vendor's failure to comply with its contractual commitments as contained in the utilization plan; failure to cooperate in providing information regarding its compliance with its utilization plan; or the provision of false or misleading information or statements concerning compliance, certification status, or eligibility of the Business Enterprise Program-certified vendor, good faith efforts, or any other material fact or representation shall constitute a material breach of the contract and entitle the State agency or public institution of higher education to declare a default, terminate the contract, or exercise those remedies provided for in the contract, at law, or in equity.
(3) Prior to the expiration or termination of a contract, State agencies and public institutions of higher education shall evaluate the contractor's fulfillment of the contract goals for participation by businesses owned by minorities, women, and persons with disabilities. The agency or public institution of higher education shall prepare a report of the vendor's compliance with the contract goals and file it with the Secretary. If the Secretary determines that the vendor did not fulfill the contract goals, the vendor shall be in breach of the contract and may be subject to remedies or sanctions, unless the vendor can show that it made good faith efforts to meet the contract goals. Such remedies or sanctions for failing to make good faith efforts may include (i) disqualification of the contractor from doing business with the State for a period of no more than one year or (ii) cancellation, without any penalty to the State, of any contract entered into by the vendor. The Business Enterprise Program shall develop procedures for determining whether a vendor has made good faith efforts to meet the contract goals upon the expiration or termination of a contract.
(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
 
(30 ILCS 575/8a) (from Ch. 127, par. 132.608a)
(Section scheduled to be repealed on June 30, 2024)
Sec. 8a. Advance and progress payments. Any contract awarded to a business
owned by a minority, woman, or person with a disability
pursuant to this Act may contain a provision for advance or progress
payments, or both, except that a State construction contract awarded to a minority-owned
or women-owned business pursuant to this Act may contain a
provision for progress payments but may not contain a provision for
advance payments.

(Source: P.A. 100-391, eff. 8-25-17.)
 
(30 ILCS 575/8b) (from Ch. 127, par. 132.608b)
(Section scheduled to be repealed on June 30, 2024)
Sec. 8b. Scheduled council meetings; sheltered market. The Council shall
conduct regular meetings to carry out its
responsibilities under this Act. At each of the regularly scheduled
meetings, time shall be allocated for the Council to receive, review and
discuss any evidence regarding past or present racial, ethnic or gender
based discrimination which directly impacts State contracting with businesses
owned by minorities, women, and persons with
disabilities. If after reviewing such evidence the Council
finds that there is or has been such discrimination against a specific
group, race or sex, the Council shall establish sheltered markets
or adjust existing sheltered markets
tailored to address the Council's specific findings.
"Sheltered market" shall mean a procurement procedure whereby certain
contracts are selected and specifically set aside for businesses owned by
minorities, women, and persons with
disabilities on a competitive bid or negotiated basis.
As part of the annual report which the Council must file pursuant to
paragraph (e) of subsection (2) of Section 5, the Council shall report on
any findings made pursuant to this Section.

(Source: P.A. 100-391, eff. 8-25-17.)
 
(30 ILCS 575/8c) (from Ch. 127, par. 132.608c)
(Section scheduled to be repealed on June 30, 2024)
Sec. 8c.

Recommended rules and regulations for the establishment and
continuation of narrowly tailored sheltered markets under Section 8b shall
be approved by the Council prior to
submission by the Department of Central Management Services to the Joint
Committee on Administrative Rules. These rules shall include but not be
limited to agency goals, waivers and procedures for use of sheltered markets.

(Source: P.A. 86-269; 86-270.)
 
(30 ILCS 575/8d) (from Ch. 127, par. 132.608d)
(Section scheduled to be repealed on June 30, 2024)
Sec. 8d.

In the event any proceeding is commenced against any State
employee alleging deprivation of a civil or constitutional right under
State or federal law arising out of any act or omission occurring within
the scope of the enforcement of this Act, the Attorney General shall
upon timely and appropriate notice in accordance with "An Act to provide
for representation and indemnification in certain civil law suits", approved
December 3, 1977, as now or hereafter amended, appear on behalf of such
employee and defend the action. The State shall indemnify the State
employee for any damages awarded and court costs and attorneys' fees
assessed as part of any final and unreversed judgment or shall pay such
judgment. All other provisions of "An Act to provide for representation and
indemnification in certain civil law suits", approved December 3, 1977, as
now or hereafter amended, shall apply to the representation and
indemnification provided for in this Section.

(Source: P.A. 86-269; 86-270.)
 
(30 ILCS 575/8e) (from Ch. 127, par. 132.608e)
(Section scheduled to be repealed on June 30, 2024)
Sec. 8e.

The proceeds of a contract awarded under this Act may be
assigned to secure financing necessary to enable performance of the contract.

(Source: P.A. 87-369.)
 
(30 ILCS 575/8f)
(Section scheduled to be repealed on June 30, 2024)
Sec. 8f. Annual report. The Council shall file no later than March 1
of each year, an annual report that shall detail the level of achievement
toward the
goals specified in this Act over the 3 most recent fiscal years. The annual
report shall include, but need not be limited to the following:
(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
(30 ILCS 575/8g)
(Section scheduled to be repealed on June 30, 2024)
Sec. 8g. Business Enterprise Program Council reports.
(a) The Department of Central Management Services shall provide a report to the Council identifying all State agency non-construction solicitations that exceed $20,000,000 and that have less than a 20% established goal prior to publication.
(b) The Department of Central Management Services shall provide a report to the Council identifying all State agency non-construction awards that exceed $20,000,000. The report shall contain the following: (i) the name of the awardee; (ii) the total bid amount; (iii) the established Business Enterprise Program goal; (iv) the dollar amount and percentage of participation by businesses owned by minorities, women, and persons with disabilities; and (v) the names of the certified firms identified in the utilization plan.

(Source: P.A. 100-391, eff. 8-25-17; 100-863, eff. 8-14-18.)
 
(30 ILCS 575/8h)
(Section scheduled to be repealed on June 30, 2024)
Sec. 8h. Encouragement for telecom and communications entities to submit supplier diversity reports.
(1) The following entities that do business in Illinois or serve Illinois customers shall be subject to this Section:
(2) Each entity subject to this Section may submit to the Illinois Commerce Commission and the Business Enterprise Council an annual report by April 15, 20l8, and every April 15 thereafter, which provides, for the previous calendar year, information and data on diversity goals, and progress toward achieving those goals, by certified businesses owned by minorities, women, persons with disabilities, and service-disabled veterans, provided that if the entity does not track such information and data for businesses owned by service-disabled veterans, the entity may provide information and data for businesses owned by veterans.
The diversity report shall include the following:
An entity subject to this Section which is part of an affiliated group of entities may provide information for the affiliated group as a whole.
(3) Any entity that is subject to this Section that does not submit a report shall be reported by the Business Enterprise Council to each chief procurement officer. Upon receiving a report from the Business Enterprise Council, the chief procurement officer may prohibit any entities that do not submit a report from bidding on State contracts for a period of one year beginning the first day of the following fiscal year and post on its respective bulletin the names of all entities that fail to comply with the provisions of this Section.
(4) A vendor may appeal any of the actions taken pursuant to this Section in the same manner as a vendor denied certification, by following the appeal procedures in the administrative rules created pursuant to this Act.

(Source: P.A. 100-391, eff. 8-25-17.)
 
(30 ILCS 575/8i)
(Section scheduled to be repealed on June 30, 2024)
Sec. 8i. Renewals. State agencies and public institutions of higher education shall:
All renewals shall be subject to any amendments made to this Act, or amendments made to any administrative rules adopted under this Act, that become effective prior to the date of renewal.
The requirements of this Section shall not apply to construction and construction-related services procurements.
This Section is operative on and after January 1, 2018.

(Source: P.A. 100-391, eff. 8-25-17.)
 
(30 ILCS 575/8j)
(Section scheduled to be repealed on June 30, 2024)
Sec. 8j. Special Committee on Minority, Female, Persons with Disabilities, and Veterans Contracting.
(a) There is created a Special Committee on Minority, Female, Persons with Disabilities, and Veterans Contracting under the Council. The Special Committee shall review Illinois' procurement laws regarding contracting with minority-owned businesses, women-owned businesses, businesses owned by persons with disabilities, and veteran-owned businesses to determine what changes should be made to increase participation of these businesses in State procurements.
(b) The Special Committee shall consist of the following members:
(c) The Special Committee shall conduct at least 3 hearings, with at least one hearing in Springfield and one in Chicago. Each hearing shall be open to the public and notice of the hearings shall be posted on the websites of the Procurement Policy Board, the Department of Central Management Services, and the General Assembly at least 6 days prior to the hearing.

(Source: P.A. 100-43, eff. 8-9-17; 100-863, eff. 8-14-18.)
 
(30 ILCS 575/8k)
(Section scheduled to be repealed on June 30, 2024)
Sec. 8k. Race and gender wage report. The Commission on Equity and Inclusion shall annually compile a report, categorized by both race and gender, specifying the respective wage earnings of State employees.

(Source: P.A. 101-657, eff. 3-23-21; 102-29, eff. 6-25-21.)
 
(30 ILCS 575/8l)
(Section scheduled to be repealed on June 30, 2024)
Sec. 8l. Certification recognition. Notwithstanding any rule or provision of law to the contrary, the Business Enterprise Program shall recognize and accept the certifications of businesses that have been certified as minority-owned businesses or women-owned businesses by the City of Chicago, Cook County, or other entities approved by the Business Enterprise Council for purposes of participating in the Business Enterprise Program, provided that the City of Chicago, Cook County, or other entities approved by the Business Enterprise Council have certification requirements more restrictive than that required by the Business Enterprise Program under this Act, including, but not limited to, an income level requirement.

(Source: P.A. 102-585, eff. 6-1-22.)
 
(30 ILCS 575/9) (from Ch. 127, par. 132.609)
(Section scheduled to be repealed on June 30, 2024)
Sec. 9. This Act is repealed June 30, 2024.
(Source: P.A. 101-170, eff. 1-1-20.)

Structure Illinois Compiled Statutes