Illinois 101st Regular Session Status: Enacted 9 D cosponsors

SB 177 — BUSINESS ENTERPRISE-VARIOUS

Last action — Public Act . . . . . . . . . 101-0601

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2019. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    0 primary, 9 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (9 D).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Motor Fuel Tax Law. Provides that no municipality, county, or road district that received motor fuel tax distributions totaling more than $1,000,000 in the previous State fiscal year shall receive a future distribution of motor fuel tax moneys unless that municipality, county, or road district implements a business enterprise program setting goals for the inclusion of minority, veteran, and female-owned businesses in the procurement of contracts. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall assist municipalities, counties, and road districts in implementing those programs. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Motor Fuel Tax Law. Provides that, for each fiscal year beginning on or after July 1, 2021, if a municipality, county, or road district received a motor fuel tax distribution totaling more than $1,000,000 in the previous fiscal year, then, in order to receive a distribution for the current fiscal year, that municipality, county, or road district must certify to the Department of Transportation that it has established a minority-owned, women-owned, and veteran-owned business enterprise program consistent with the rules and regulations of the Department of Central Management Services Business Enterprise Program. Provides that the municipality, county, or road district shall accept vendor certification from the State of Illinois, the County of Cook, and the City of Chicago. Provides that, if a Department of Central Management Services study does not support the establishment of a business enterprise program for any local municipality, county, or road district, the requirements shall not apply to that local municipality, county, or road district. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall assist municipalities, counties, and road districts in implementing business enterprise programs. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 20 ILCS 2705/2705-615 new Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 1 with the following changes: (1) provides that the Department of Central Management Services shall establish a model business enterprise program for the procurement of contracts by municipalities, counties, and road districts; (2) provides that program shall take into account the size, geographic location, and general procurement needs of the various municipalities, counties, and road districts of the State; (3) provides that no municipality, county, or road district that received motor fuel tax distributions totaling more than $1,000,000 in the previous State fiscal year shall receive a future distribution of motor fuel tax moneys unless that municipality, county, or road district establishes a minority-owned, women-owned, and veteran-owned business enterprise program that meets or exceeds the requirements of the model program established by the Department of Central Management Services (in Senate Amendment No. 1, the program must be consistent with the rules and regulations of the Department of Central Management Services Business Enterprise Program); and (4) removes provisions requiring the Department of Transportation to assist municipalities in implementing business enterprise programs. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 35 ILCS 505/8 Adds reference to: 30 ILCS 575/8c from Ch. 127, par. 132.608c Replaces everything after the enacting clause. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Makes a technical change in a Section concerning rules and regulations for the establishment and continuation of narrowly tailored sheltered markets. House Floor Amendment No. 2 Deletes reference to: 20 ILCS 2705/2705-615 new 30 ILCS 575/8c 35 ILCS 505/8 Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 30 ILCS 559/20-10 30 ILCS 559/20-15 30 ILCS 559/20-20 30 ILCS 559/20-25 20 ILCS 1505/1505-215 30 ILCS 575/2 30 ILCS 575/4 from Ch. 127, par. 132.604 30 ILCS 575/5 from Ch. 127, par. 132.605 30 ILCS 575/7 from Ch. 127, par. 132.607 720 ILCS 5/17-10.3 Replaces everything after the enacting clause. Amends the Administrative Procedure Act. Provides that emergency rules may be adopted to implement the Illinois Works Jobs Program Act. Amends the Illinois Works Jobs Program Act. Makes changes in provisions governing: definitions; the Illinois Works Preapprenticeship Program; the Illinois Works Bid Credit Program; the Illinois Works Apprenticeship Initiative; and the Illinois Works Review Panel. Amends the Department of Labor Law of the Civil Administrative Code. Deletes provisions creating the Advisory Board for Diversity in Active Apprenticeship Programs. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Changes the definition of "minority person". Provides that State contracts shall require that only expenditures to businesses owned by minorities, women, and persons with disabilities that perform a "commercially useful function" under federal law may be counted toward the goals set forth by the Act. Provides that, by December 1, 2022, the Department of Central Management Services Business Enterprise Program shall develop a model for social scientific disparity study sourcing for local governmental units to adapt and implement to address regional disparities in public procurement. Provides that funds collected as penalties under the Act shall be used exclusively for maintenance and further development of the Business Enterprise Program and encouragement of participation by minorities, women, and persons with disabilities in State procurement. Makes other changes concerning: State contracts; the Business Enterprise Council; exemptions; and waivers. Amends the Criminal Code of 2012. Provides that it shall be a Class 2 felony (rather than a Class 1 felony) to commit violations of the Act regarding deception relating to certification of disadvantaged business enterprises. Effective immediately, except that the changes to the Department of Labor Law of the Civil Administrative Code, the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, and the Criminal Code of 2012 are effective January 1, 2020. House Floor Amendment No. 4 Makes technical changes to the bill as amended by House Amendment No. 2.

Bill Text

What changed in the latest version

1770 added · 364 removed

Plain-language change summary

In the latest version of SB 177, changes were made to the Illinois Administrative Procedure Act regarding emergency rulemaking. The revised bill clarifies the definition of an "emergency" as a situation that poses a threat to public interest, safety, or welfare, allowing agencies to quickly implement necessary rules without the usual advance notice or hearings. This is important as it enables faster responses to urgent public safety issues, potentially mitigating risks in critical situations. Additionally, certain provisions related to the Motor Fuel Tax Law were removed, indicating a shift in focus away from those specific financial allocations.

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SB0177 Engrossed LRB101 06086 HLH 51107 b AN ACT concerning State government.
SB0177 Enrolled LRB101 06086 HLH 51107 b AN ACT concerning State government.
Section 5.
Article 1 Section 1-5.
The Motor Fuel Tax Law is amended by changing Section 8 as follows:
The Illinois Administrative Procedure Act is amended by changing Section 5-45 as follows:
(35 ILCS 505/8) (from Ch.
(5 ILCS 100/5-45) (from Ch.
120, par.
127, par.
424) Sec.
1005-45) Sec.
8.
5-45.
Except as provided in Section 8a, subdivision (h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and 16 of Section 15, all money received by the Department under this Act, including payments made to the Department by member jurisdictions participating in the International Fuel Tax Agreement, shall be deposited in a special fund in the State treasury, to be known as the "Motor Fuel Tax Fund", and shall be used as follows:
Emergency rulemaking.
(a) 2 1/2 cents per gallon of the tax collected on special fuel under paragraph (b) of Section 2 and Section 13a of this Act shall be transferred to the State Construction Account Fund in the State Treasury;
(a) "Emergency" means the existence of any situation that any agency finds reasonably constitutes a threat to the public interest, safety, or welfare.
(b) $420,000 shall be transferred each month to the State Boating Act Fund to be used by the Department of Natural Resources for the purposes specified in Article X of the Boat Registration and Safety Act;
(b) If any agency finds that an emergency exists that requires adoption of a rule upon fewer days than is required by Section 5-40 and states in writing its reasons for that finding, the agency may adopt an emergency rule without prior notice or hearing upon filing a notice of emergency rulemaking with the Secretary of State under Section 5-70.
(c) $3,500,000 shall be transferred each month to the Grade SB0177 Engrossed - 2 - LRB101 06086 HLH 51107 b Crossing Protection Fund to be used as follows:
The notice shall include the text of the emergency rule and shall be published in the Illinois Register.
not less than $12,000,000 each fiscal year shall be used for the construction or reconstruction of rail highway grade separation structures;
Consent orders or other court orders adopting settlements negotiated by an agency may be adopted under this Section.
$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in fiscal year 2010 and each fiscal year thereafter shall be transferred to the Transportation Regulatory Fund and shall be accounted for as part of the rail carrier portion of such funds and shall be used to pay the cost of administration of the Illinois Commerce Commission's railroad safety program in connection with its duties under subsection (3) of Section 18c-7401 of the Illinois Vehicle Code, with the remainder to be used by the Department of Transportation upon order of the Illinois Commerce Commission, to pay that part of the cost apportioned by such Commission to the State to cover the interest of the public in the use of highways, roads, streets, or pedestrian walkways in the county highway system, township and district road system, or municipal street system as defined in the Illinois Highway Code, as the same may from time to time be amended, for separation of grades, for installation, construction or reconstruction of crossing protection or reconstruction, alteration, relocation including construction or improvement of any existing highway necessary for access to property or improvement of any grade crossing and grade crossing surface including the necessary highway approaches thereto of any railroad across the highway or public road, or for the installation, construction, reconstruction, or SB0177 Engrossed - 3 - LRB101 06086 HLH 51107 b maintenance of a pedestrian walkway over or under a railroad right-of-way, as provided for in and in accordance with Section 18c-7401 of the Illinois Vehicle Code.
Subject to applicable constitutional or statutory provisions, an emergency rule SB0177 Enrolled - 2 - LRB101 06086 HLH 51107 b becomes effective immediately upon filing under Section 5-65 or at a stated date less than 10 days thereafter.
The Commission may order up to $2,000,000 per year in Grade Crossing Protection Fund moneys for the improvement of grade crossing surfaces and up to $300,000 per year for the maintenance and renewal of 4-quadrant gate vehicle detection systems located at non-high speed rail grade crossings.
The agency's finding and a statement of the specific reasons for the finding shall be filed with the rule.
The Commission shall not order more than $2,000,000 per year in Grade Crossing Protection Fund moneys for pedestrian walkways.
The agency shall take reasonable and appropriate measures to make emergency rules known to the persons who may be affected by them.
In entering orders for projects for which payments from the Grade Crossing Protection Fund will be made, the Commission shall account for expenditures authorized by the orders on a cash rather than an accrual basis.
(c) An emergency rule may be effective for a period of not longer than 150 days, but the agency's authority to adopt an identical rule under Section 5-40 is not precluded.
For purposes of this requirement an "accrual basis" assumes that the total cost of the project is expended in the fiscal year in which the order is entered, while a "cash basis" allocates the cost of the project among fiscal years as expenditures are actually made.
No emergency rule may be adopted more than once in any 24-month period, except that this limitation on the number of emergency rules that may be adopted in a 24-month period does not apply to (i) emergency rules that make additions to and deletions from the Drug Manual under Section 5-5.16 of the Illinois Public Aid Code or the generic drug formulary under Section 3.14 of the Illinois Food, Drug and Cosmetic Act, (ii) emergency rules adopted by the Pollution Control Board before July 1, 1997 to implement portions of the Livestock Management Facilities Act, (iii) emergency rules adopted by the Illinois Department of Public Health under subsections (a) through (i) of Section 2 of the Department of Public Health Act when necessary to protect the public's health, (iv) emergency rules adopted pursuant to subsection (n) of this Section, (v) emergency rules adopted pursuant to subsection (o) of this Section, or (vi) emergency rules adopted pursuant to subsection (c-5) of this Section.
To meet the requirements of this subsection, the Illinois Commerce Commission shall develop annual and 5-year project plans of rail crossing capital improvements that will be paid for with moneys from the Grade Crossing Protection Fund.
Two or more emergency rules having SB0177 Enrolled - 3 - LRB101 06086 HLH 51107 b substantially the same purpose and effect shall be deemed to be a single rule for purposes of this Section.
The annual project plan shall identify projects for the succeeding fiscal year and the 5-year project plan shall identify projects for the 5 directly succeeding fiscal years.
(c-5) To facilitate the maintenance of the program of group health benefits provided to annuitants, survivors, and retired employees under the State Employees Group Insurance Act of 1971, rules to alter the contributions to be paid by the State, annuitants, survivors, retired employees, or any combination of those entities, for that program of group health benefits, shall be adopted as emergency rules.
The Commission shall submit the annual and 5-year project plans for this Fund to the Governor, the President of the Senate, the SB0177 Engrossed - 4 - LRB101 06086 HLH 51107 b Senate Minority Leader, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives on the first Wednesday in April of each year;
The adoption of those rules shall be considered an emergency and necessary for the public interest, safety, and welfare.
(d) of the amount remaining after allocations provided for in subsections (a), (b) and (c), a sufficient amount shall be reserved to pay all of the following:
(d) In order to provide for the expeditious and timely implementation of the State's fiscal year 1999 budget, emergency rules to implement any provision of Public Act 90-587 or 90-588 or any other budget initiative for fiscal year 1999 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (d).
(1) the costs of the Department of Revenue in administering this Act;
The adoption of emergency rules authorized by this subsection (d) shall be deemed to be necessary for the public interest, safety, and welfare.
(2) the costs of the Department of Transportation in performing its duties imposed by the Illinois Highway Code for supervising the use of motor fuel tax funds apportioned to municipalities, counties and road districts;
(e) In order to provide for the expeditious and timely implementation of the State's fiscal year 2000 budget, emergency rules to implement any provision of Public Act 91-24 SB0177 Enrolled - 4 - LRB101 06086 HLH 51107 b or any other budget initiative for fiscal year 2000 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (e).
(3) refunds provided for in Section 13, refunds for overpayment of decal fees paid under Section 13a.4 of this Act, and refunds provided for under the terms of the International Fuel Tax Agreement referenced in Section 14a;
The adoption of emergency rules authorized by this subsection (e) shall be deemed to be necessary for the public interest, safety, and welfare.
(4) from October 1, 1985 until June 30, 1994, the administration of the Vehicle Emissions Inspection Law, which amount shall be certified monthly by the Environmental Protection Agency to the State Comptroller and shall promptly be transferred by the State Comptroller and Treasurer from the Motor Fuel Tax Fund to the Vehicle Inspection Fund, and for the period July 1, 1994 through June 30, 2000, one-twelfth of $25,000,000 each month, for the period July 1, 2000 through June 30, 2003, one-twelfth SB0177 Engrossed - 5 - LRB101 06086 HLH 51107 b of $30,000,000 each month, and $15,000,000 on July 1, 2003, and $15,000,000 on January 1, 2004, and $15,000,000 on each July 1 and October 1, or as soon thereafter as may be practical, during the period July 1, 2004 through June 30, 2012, and $30,000,000 on June 1, 2013, or as soon thereafter as may be practical, and $15,000,000 on July 1 and October 1, or as soon thereafter as may be practical, during the period of July 1, 2013 through June 30, 2015, for the administration of the Vehicle Emissions Inspection Law of 2005, to be transferred by the State Comptroller and Treasurer from the Motor Fuel Tax Fund into the Vehicle Inspection Fund;
(f) In order to provide for the expeditious and timely implementation of the State's fiscal year 2001 budget, emergency rules to implement any provision of Public Act 91-712 or any other budget initiative for fiscal year 2001 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (f).
(5) amounts ordered paid by the Court of Claims;
The adoption of emergency rules authorized by this subsection (f) shall be deemed to be necessary for the public interest, safety, and welfare.
and (6) payment of motor fuel use taxes due to member jurisdictions under the terms of the International Fuel Tax Agreement.
(g) In order to provide for the expeditious and timely implementation of the State's fiscal year 2002 budget, emergency rules to implement any provision of Public Act 92-10 or any other budget initiative for fiscal year 2002 may be adopted in accordance with this Section by the agency charged SB0177 Enrolled - 5 - LRB101 06086 HLH 51107 b with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (g).
The Department shall certify these amounts to the Comptroller by the 15th day of each month;
The adoption of emergency rules authorized by this subsection (g) shall be deemed to be necessary for the public interest, safety, and welfare.
the Comptroller shall cause orders to be drawn for such amounts, and the Treasurer shall administer those amounts on or before the last day of each month;
(h) In order to provide for the expeditious and timely implementation of the State's fiscal year 2003 budget, emergency rules to implement any provision of Public Act 92-597 or any other budget initiative for fiscal year 2003 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (h).
(e) after allocations for the purposes set forth in subsections (a), (b), (c) and (d), the remaining amount shall be apportioned as follows:
The adoption of emergency rules authorized by this subsection (h) shall be deemed to be necessary for the public interest, safety, and welfare.
(1) Until January 1, 2000, 58.4%, and beginning January 1, 2000, 45.6% shall be deposited as follows:
(i) In order to provide for the expeditious and timely implementation of the State's fiscal year 2004 budget, emergency rules to implement any provision of Public Act 93-20 or any other budget initiative for fiscal year 2004 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and SB0177 Enrolled - 6 - LRB101 06086 HLH 51107 b the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (i).
(A) 37% into the State Construction Account Fund, SB0177 Engrossed - 6 - LRB101 06086 HLH 51107 b and (B) 63% into the Road Fund, $1,250,000 of which shall be reserved each month for the Department of Transportation to be used in accordance with the provisions of Sections 6-901 through 6-906 of the Illinois Highway Code;
The adoption of emergency rules authorized by this subsection (i) shall be deemed to be necessary for the public interest, safety, and welfare.
(2) Until January 1, 2000, 41.6%, and beginning January 1, 2000, 54.4% shall be transferred to the Department of Transportation to be distributed as follows:
(j) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2005 budget as provided under the Fiscal Year 2005 Budget Implementation (Human Services) Act, emergency rules to implement any provision of the Fiscal Year 2005 Budget Implementation (Human Services) Act may be adopted in accordance with this Section by the agency charged with administering that provision, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (j).
(A) 49.10% to the municipalities of the State, (B) 16.74% to the counties of the State having 1,000,000 or more inhabitants, (C) 18.27% to the counties of the State having less than 1,000,000 inhabitants, (D) 15.89% to the road districts of the State.
The Department of Public Aid may also adopt rules under this subsection (j) necessary to administer the Illinois Public Aid Code and the Children's Health Insurance Program Act.
As soon as may be after the first day of each month the Department of Transportation shall allot to each municipality its share of the amount apportioned to the several municipalities which shall be in proportion to the population of such municipalities as determined by the last preceding municipal census if conducted by the Federal Government or Federal census.
The adoption of emergency rules authorized by this subsection (j) shall be deemed to be necessary for the public interest, safety, and welfare.
If territory is annexed to any municipality subsequent to the time of the last preceding census the corporate authorities of such municipality may cause a census to be taken of such annexed territory and the population so ascertained for such territory shall be added to the population SB0177 Engrossed - 7 - LRB101 06086 HLH 51107 b of the municipality as determined by the last preceding census for the purpose of determining the allotment for that municipality.
(k) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2006 budget, emergency rules to implement any provision of Public Act 94-48 or any other budget initiative for fiscal year 2006 may be adopted in accordance with this Section by the SB0177 Enrolled - 7 - LRB101 06086 HLH 51107 b agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (k).
If the population of any municipality was not determined by the last Federal census preceding any apportionment, the apportionment to such municipality shall be in accordance with any census taken by such municipality.
The Department of Healthcare and Family Services may also adopt rules under this subsection (k) necessary to administer the Illinois Public Aid Code, the Senior Citizens and Persons with Disabilities Property Tax Relief Act, the Senior Citizens and Disabled Persons Prescription Drug Discount Program Act (now the Illinois Prescription Drug Discount Program Act), and the Children's Health Insurance Program Act.
Any municipal census used in accordance with this Section shall be certified to the Department of Transportation by the clerk of such municipality, and the accuracy thereof shall be subject to approval of the Department which may make such corrections as it ascertains to be necessary.
The adoption of emergency rules authorized by this subsection (k) shall be deemed to be necessary for the public interest, safety, and welfare.
As soon as may be after the first day of each month the Department of Transportation shall allot to each county its share of the amount apportioned to the several counties of the State as herein provided.
(l) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2007 budget, the Department of Healthcare and Family Services may adopt emergency rules during fiscal year 2007, including rules effective July 1, 2007, in accordance with this subsection to the extent necessary to administer the Department's responsibilities with respect to amendments to the State plans and Illinois waivers approved by the federal Centers for Medicare and Medicaid Services necessitated by the requirements of Title XIX and Title XXI of the federal Social Security Act.
Each allotment to the several counties having less than 1,000,000 inhabitants shall be in proportion to the amount of motor vehicle license fees received from the residents of such counties, respectively, during the preceding calendar year.
The adoption of emergency rules authorized by this subsection (l) shall be deemed to be necessary for the SB0177 Enrolled - 8 - LRB101 06086 HLH 51107 b public interest, safety, and welfare.
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The Secretary of State shall, on or before April 15 of each year, transmit to the Department of Transportation a full and complete report showing the amount of motor vehicle license fees received from the residents of each county, respectively, during the preceding calendar year.
(m) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2008 budget, the Department of Healthcare and Family Services may adopt emergency rules during fiscal year 2008, including rules effective July 1, 2008, in accordance with this subsection to the extent necessary to administer the Department's responsibilities with respect to amendments to the State plans and Illinois waivers approved by the federal Centers for Medicare and Medicaid Services necessitated by the requirements of Title XIX and Title XXI of the federal Social Security Act.
The Department of Transportation shall, each month, use for allotment purposes the last such report received from the Secretary of State.
The adoption of emergency rules authorized by this subsection (m) shall be deemed to be necessary for the public interest, safety, and welfare.
SB0177 Engrossed - 8 - LRB101 06086 HLH 51107 b As soon as may be after the first day of each month, the Department of Transportation shall allot to the several counties their share of the amount apportioned for the use of road districts.
(n) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2010 budget, emergency rules to implement any provision of Public Act 96-45 or any other budget initiative authorized by the 96th General Assembly for fiscal year 2010 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative.
The allotment shall be apportioned among the several counties in the State in the proportion which the total mileage of township or district roads in the respective counties bears to the total mileage of all township and district roads in the State.
The adoption of emergency rules authorized by this subsection (n) shall be deemed to be necessary for the public interest, safety, and welfare.
Funds allotted to the respective counties for the use of road districts therein shall be allocated to the several road districts in the county in the proportion which the total mileage of such township or district roads in the respective road districts bears to the total mileage of all such township or district roads in the county.
The rulemaking authority granted in this subsection (n) shall apply only to rules promulgated during Fiscal Year 2010.
After July 1 of any year prior to 2011, no allocation shall be made for any road district unless it levied a tax for road and bridge purposes in an amount which will require the extension of such tax against the taxable property in any such road district at a rate of not less than either .08% of the value thereof, based upon the assessment for the year immediately prior to the year in which such tax was levied and as equalized by the Department of Revenue or, in DuPage County, an amount equal to or greater than $12,000 per mile of road under the jurisdiction of the road district, whichever is less.
SB0177 Enrolled - 9 - LRB101 06086 HLH 51107 b (o) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2011 budget, emergency rules to implement any provision of Public Act 96-958 or any other budget initiative authorized by the 96th General Assembly for fiscal year 2011 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative.
Beginning July 1, 2011 and each July 1 thereafter, an allocation shall be made for any road district if it levied a tax for road and bridge purposes.
The adoption of emergency rules authorized by this subsection (o) is deemed to be necessary for the public interest, safety, and welfare.
In counties other than DuPage County, if the SB0177 Engrossed - 9 - LRB101 06086 HLH 51107 b amount of the tax levy requires the extension of the tax against the taxable property in the road district at a rate that is less than 0.08% of the value thereof, based upon the assessment for the year immediately prior to the year in which the tax was levied and as equalized by the Department of Revenue, then the amount of the allocation for that road district shall be a percentage of the maximum allocation equal to the percentage obtained by dividing the rate extended by the district by 0.08%.
The rulemaking authority granted in this subsection (o) applies only to rules promulgated on or after July 1, 2010 (the effective date of Public Act 96-958) through June 30, 2011.
In DuPage County, if the amount of the tax levy requires the extension of the tax against the taxable property in the road district at a rate that is less than the lesser of (i) 0.08% of the value of the taxable property in the road district, based upon the assessment for the year immediately prior to the year in which such tax was levied and as equalized by the Department of Revenue, or (ii) a rate that will yield an amount equal to $12,000 per mile of road under the jurisdiction of the road district, then the amount of the allocation for the road district shall be a percentage of the maximum allocation equal to the percentage obtained by dividing the rate extended by the district by the lesser of (i) 0.08% or (ii) the rate that will yield an amount equal to $12,000 per mile of road under the jurisdiction of the road district.
(p) In order to provide for the expeditious and timely implementation of the provisions of Public Act 97-689, emergency rules to implement any provision of Public Act 97-689 may be adopted in accordance with this subsection (p) by the agency charged with administering that provision or initiative.
The Department of Central Management Services shall establish a model business enterprise program for the procurement of contracts by municipalities, counties, and road districts.
The 150-day limitation of the effective period of emergency rules does not apply to rules adopted under this subsection (p), and the effective period may continue through June 30, 2013.
The program shall take into account the size, SB0177 Engrossed - 10 - LRB101 06086 HLH 51107 b geographic location, and general procurement needs of the various municipalities, counties, and road districts of the State.
The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (p).
Notwithstanding any other provision of law, for each fiscal year beginning on or after July 1, 2021, if a municipality, county, or road district received a distribution under this Section totaling more than $1,000,000 in the previous fiscal year, then, in order to receive a distribution for the current fiscal year, that municipality, county, or road district must certify to the Department of Transportation that it has established a minority-owned, women-owned, and veteran-owned business enterprise program that meets or exceeds the requirements of the model program established by the Department of Central Management Services under this Section.
The adoption of emergency rules authorized by this subsection (p) is deemed to be necessary for the public interest, safety, and welfare.
The municipality, county, or road district shall accept vendor certification from the State of Illinois, the County of Cook, and the City of Chicago for minority-owned, women-owned or veteran-owned businesses.
(q) In order to provide for the expeditious and timely SB0177 Enrolled - 10 - LRB101 06086 HLH 51107 b implementation of the provisions of Articles 7, 8, 9, 11, and 12 of Public Act 98-104, emergency rules to implement any provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 may be adopted in accordance with this subsection (q) by the agency charged with administering that provision or initiative.
The Department of Transportation shall prepare a list of all affected municipalities, counties, and road districts that received a distribution of more than $1,000,000 in the last fiscal year and shall publish the list on its website.
The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (q).
The Department of Central Management Services shall prepare and conduct all necessary studies, including an availability analysis and a disparity study for all affected municipalities, counties, and road districts, and shall use all existing studies as much as possible.
The adoption of emergency rules authorized by this subsection (q) is deemed to be necessary for the public interest, safety, and welfare.
The Department of Central Management Services shall SB0177 Engrossed - 11 - LRB101 06086 HLH 51107 b maximize economies of scale in these studies where local governments draw from the same pool of vendors.
(r) In order to provide for the expeditious and timely implementation of the provisions of Public Act 98-651, emergency rules to implement Public Act 98-651 may be adopted in accordance with this subsection (r) by the Department of Healthcare and Family Services.
If the study does not support the establishment of a business enterprise program for any local municipality, county, or road district, the requirements of this Section shall not apply to that local municipality, county, or road district.
The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (r).
The Department of Transportation and the Illinois Toll Highway Authority shall provide all data on their studies related to their business enterprise programs to the Department of Central Management Services to assist the Department of Central Management Services in the completion of the study.
The adoption of emergency rules authorized by this subsection (r) is deemed to be necessary for the public interest, safety, and welfare.
Prior to 2011, if any road district has levied a special tax for road purposes pursuant to Sections 6-601, 6-602 and 6-603 of the Illinois Highway Code, and such tax was levied in an amount which would require extension at a rate of not less than .08% of the value of the taxable property thereof, as equalized or assessed by the Department of Revenue, or, in DuPage County, an amount equal to or greater than $12,000 per mile of road under the jurisdiction of the road district, whichever is less, such levy shall, however, be deemed a proper compliance with this Section and shall qualify such road district for an allotment under this Section.
(s) In order to provide for the expeditious and timely implementation of the provisions of Sections 5-5b.1 and 5A-2 of the Illinois Public Aid Code, emergency rules to implement any provision of Section 5-5b.1 or Section 5A-2 of the Illinois Public Aid Code may be adopted in accordance with this subsection (s) by the Department of Healthcare and Family Services.
Beginning in 2011 and thereafter, if any road district has levied a special tax for road purposes under Sections 6-601, 6-602, and 6-603 of the Illinois Highway Code, and the tax was levied in an amount that would require extension at a rate of not less than 0.08% of the SB0177 Engrossed - 12 - LRB101 06086 HLH 51107 b value of the taxable property of that road district, as equalized or assessed by the Department of Revenue or, in DuPage County, an amount equal to or greater than $12,000 per mile of road under the jurisdiction of the road district, whichever is less, that levy shall be deemed a proper compliance with this Section and shall qualify such road district for a full, rather than proportionate, allotment under this Section.
The rulemaking authority granted in this subsection SB0177 Enrolled - 11 - LRB101 06086 HLH 51107 b (s) shall apply only to those rules adopted prior to July 1, 2015.
If the levy for the special tax is less than 0.08% of the value of the taxable property, or, in DuPage County if the levy for the special tax is less than the lesser of (i) 0.08% or (ii) $12,000 per mile of road under the jurisdiction of the road district, and if the levy for the special tax is more than any other levy for road and bridge purposes, then the levy for the special tax qualifies the road district for a proportionate, rather than full, allotment under this Section.
Notwithstanding any other provision of this Section, any emergency rule adopted under this subsection (s) shall only apply to payments made for State fiscal year 2015.
If the levy for the special tax is equal to or less than any other levy for road and bridge purposes, then any allotment under this Section shall be determined by the other levy for road and bridge purposes.
The adoption of emergency rules authorized by this subsection (s) is deemed to be necessary for the public interest, safety, and welfare.
Prior to 2011, if a township has transferred to the road and bridge fund money which, when added to the amount of any tax levy of the road district would be the equivalent of a tax levy requiring extension at a rate of at least .08%, or, in DuPage County, an amount equal to or greater than $12,000 per mile of road under the jurisdiction of the road district, whichever is less, such transfer, together with any such tax SB0177 Engrossed - 13 - LRB101 06086 HLH 51107 b levy, shall be deemed a proper compliance with this Section and shall qualify the road district for an allotment under this Section.
(t) In order to provide for the expeditious and timely implementation of the provisions of Article II of Public Act 99-6, emergency rules to implement the changes made by Article II of Public Act 99-6 to the Emergency Telephone System Act may be adopted in accordance with this subsection (t) by the Department of State Police.
In counties in which a property tax extension limitation is imposed under the Property Tax Extension Limitation Law, road districts may retain their entitlement to a motor fuel tax allotment or, beginning in 2011, their entitlement to a full allotment if, at the time the property tax extension limitation was imposed, the road district was levying a road and bridge tax at a rate sufficient to entitle it to a motor fuel tax allotment and continues to levy the maximum allowable amount after the imposition of the property tax extension limitation.
The rulemaking authority granted in this subsection (t) shall apply only to those rules adopted prior to July 1, 2016.
Any road district may in all circumstances retain its entitlement to a motor fuel tax allotment or, beginning in 2011, its entitlement to a full allotment if it levied a road and bridge tax in an amount that will require the extension of the tax against the taxable property in the road district at a rate of not less than 0.08% of the assessed value of the property, based upon the assessment for the year immediately preceding the year in which the tax was levied and as equalized by the Department of Revenue or, in DuPage County, an amount equal to or greater than $12,000 per mile of road under the jurisdiction of the road district, whichever is less.
The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (t).
As used in this Section the term "road district" means any road district, including a county unit road district, provided for by the Illinois Highway Code;
The adoption of emergency rules authorized by this subsection (t) is deemed to be necessary for the public interest, safety, and welfare.
and the term "township or SB0177 Engrossed - 14 - LRB101 06086 HLH 51107 b district road" means any road in the township and district road system as defined in the Illinois Highway Code.
(u) In order to provide for the expeditious and timely implementation of the provisions of the Burn Victims Relief Act, emergency rules to implement any provision of the Act may be adopted in accordance with this subsection (u) by the Department of Insurance.
For the purposes of this Section, "township or district road" also includes such roads as are maintained by park districts, forest preserve districts and conservation districts.
The rulemaking authority granted in this subsection (u) shall apply only to those rules adopted prior to December 31, 2015.
The Department of Transportation shall determine the mileage of all township and district roads for the purposes of making allotments and allocations of motor fuel tax funds for use in road districts.
The adoption of emergency rules authorized by this subsection (u) is deemed to be necessary for SB0177 Enrolled - 12 - LRB101 06086 HLH 51107 b the public interest, safety, and welfare.
Payment of motor fuel tax moneys to municipalities and counties shall be made as soon as possible after the allotment is made.
(v) In order to provide for the expeditious and timely implementation of the provisions of Public Act 99-516, emergency rules to implement Public Act 99-516 may be adopted in accordance with this subsection (v) by the Department of Healthcare and Family Services.
The treasurer of the municipality or county may invest these funds until their use is required and the interest earned by these investments shall be limited to the same uses as the principal funds.
The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (v).
The adoption of emergency rules authorized by this subsection (v) is deemed to be necessary for the public interest, safety, and welfare.
(w) In order to provide for the expeditious and timely implementation of the provisions of Public Act 99-796, emergency rules to implement the changes made by Public Act 99-796 may be adopted in accordance with this subsection (w) by the Adjutant General.
The adoption of emergency rules authorized by this subsection (w) is deemed to be necessary for the public interest, safety, and welfare.
(x) In order to provide for the expeditious and timely implementation of the provisions of Public Act 99-906, emergency rules to implement subsection (i) of Section 16-115D, subsection (g) of Section 16-128A, and subsection (a) of Section 16-128B of the Public Utilities Act may be adopted in accordance with this subsection (x) by the Illinois Commerce Commission.
The rulemaking authority granted in this subsection (x) shall apply only to those rules adopted within 180 days after June 1, 2017 (the effective date of Public Act SB0177 Enrolled - 13 - LRB101 06086 HLH 51107 b 99-906).
The adoption of emergency rules authorized by this subsection (x) is deemed to be necessary for the public interest, safety, and welfare.
(y) In order to provide for the expeditious and timely implementation of the provisions of Public Act 100-23, emergency rules to implement the changes made by Public Act 100-23 to Section 4.02 of the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30 of the Alcoholism and Other Drug Abuse and Dependency Act, and Sections 74 and 75 of the Mental Health and Developmental Disabilities Administrative Act may be adopted in accordance with this subsection (y) by the respective Department.
The adoption of emergency rules authorized by this subsection (y) is deemed to be necessary for the public interest, safety, and welfare.
(z) In order to provide for the expeditious and timely implementation of the provisions of Public Act 100-554, emergency rules to implement the changes made by Public Act 100-554 to Section 4.7 of the Lobbyist Registration Act may be adopted in accordance with this subsection (z) by the Secretary of State.
The adoption of emergency rules authorized by this subsection (z) is deemed to be necessary for the public interest, safety, and welfare.
(aa) In order to provide for the expeditious and timely initial implementation of the changes made to Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code under the provisions SB0177 Enrolled - 14 - LRB101 06086 HLH 51107 b of Public Act 100-581, the Department of Healthcare and Family Services may adopt emergency rules in accordance with this subsection (aa).
The 24-month limitation on the adoption of emergency rules does not apply to rules to initially implement the changes made to Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code adopted under this subsection (aa).
The adoption of emergency rules authorized by this subsection (aa) is deemed to be necessary for the public interest, safety, and welfare.
(bb) In order to provide for the expeditious and timely implementation of the provisions of Public Act 100-587, emergency rules to implement the changes made by Public Act 100-587 to Section 4.02 of the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, subsection (b) of Section 55-30 of the Alcoholism and Other Drug Abuse and Dependency Act, Section 5-104 of the Specialized Mental Health Rehabilitation Act of 2013, and Section 75 and subsection (b) of Section 74 of the Mental Health and Developmental Disabilities Administrative Act may be adopted in accordance with this subsection (bb) by the respective Department.
The adoption of emergency rules authorized by this subsection (bb) is deemed to be necessary for the public interest, safety, and welfare.
(cc) In order to provide for the expeditious and timely implementation of the provisions of Public Act 100-587, emergency rules may be adopted in accordance with this SB0177 Enrolled - 15 - LRB101 06086 HLH 51107 b subsection (cc) to implement the changes made by Public Act 100-587 to:
Sections 14-147.5 and 14-147.6 of the Illinois Pension Code by the Board created under Article 14 of the Code;
Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by the Board created under Article 15 of the Code;
and Sections 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board created under Article 16 of the Code.
The adoption of emergency rules authorized by this subsection (cc) is deemed to be necessary for the public interest, safety, and welfare.
(dd) In order to provide for the expeditious and timely implementation of the provisions of Public Act 100-864, emergency rules to implement the changes made by Public Act 100-864 to Section 3.35 of the Newborn Metabolic Screening Act may be adopted in accordance with this subsection (dd) by the Secretary of State.
The adoption of emergency rules authorized by this subsection (dd) is deemed to be necessary for the public interest, safety, and welfare.
(ee) In order to provide for the expeditious and timely implementation of the provisions of Public Act 100-1172, emergency rules implementing the Illinois Underground Natural Gas Storage Safety Act may be adopted in accordance with this subsection by the Department of Natural Resources.
The adoption of emergency rules authorized by this subsection is deemed to be necessary for the public interest, safety, and welfare.
(ff) In order to provide for the expeditious and timely initial implementation of the changes made to Articles 5A and SB0177 Enrolled - 16 - LRB101 06086 HLH 51107 b 14 of the Illinois Public Aid Code under the provisions of Public Act 100-1181, the Department of Healthcare and Family Services may on a one-time-only basis adopt emergency rules in accordance with this subsection (ff).
The 24-month limitation on the adoption of emergency rules does not apply to rules to initially implement the changes made to Articles 5A and 14 of the Illinois Public Aid Code adopted under this subsection (ff).
The adoption of emergency rules authorized by this subsection (ff) is deemed to be necessary for the public interest, safety, and welfare.
(gg) In order to provide for the expeditious and timely implementation of the provisions of Public Act 101-1, emergency rules may be adopted by the Department of Labor in accordance with this subsection (gg) to implement the changes made by Public Act 101-1 to the Minimum Wage Law.
The adoption of emergency rules authorized by this subsection (gg) is deemed to be necessary for the public interest, safety, and welfare.
(hh) In order to provide for the expeditious and timely implementation of the provisions of Public Act 101-10 this amendatory Act of the 101st General Assembly, emergency rules may be adopted in accordance with this subsection (hh) to implement the changes made by Public Act 101-10 this amendatory Act of the 101st General Assembly to subsection (j) of Section 5-5.2 of the Illinois Public Aid Code.
The adoption of emergency rules authorized by this subsection (hh) is deemed to be necessary for the public interest, safety, and welfare.
SB0177 Enrolled - 17 - LRB101 06086 HLH 51107 b (ii) In order to provide for the expeditious and timely implementation of the provisions of Public Act 101-10 this amendatory Act of the 101st General Assembly, emergency rules to implement the changes made by Public Act 101-10 this amendatory Act of the 101st General Assembly to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid Code may be adopted in accordance with this subsection (ii) by the Department of Public Health.
The adoption of emergency rules authorized by this subsection (ii) is deemed to be necessary for the public interest, safety, and welfare.
(jj) In order to provide for the expeditious and timely implementation of the provisions of Public Act 101-10 this amendatory Act of the 101st General Assembly, emergency rules to implement the changes made by Public Act 101-10 this amendatory Act of the 101st General Assembly to Section 74 of the Mental Health and Developmental Disabilities Administrative Act may be adopted in accordance with this subsection (jj) by the Department of Human Services.
The adoption of emergency rules authorized by this subsection (jj) is deemed to be necessary for the public interest, safety, and welfare.
(kk) (gg) In order to provide for the expeditious and timely implementation of the Cannabis Regulation and Tax Act and Public Act 101-27 this amendatory Act of the 101st General Assembly, the Department of Revenue, the Department of Public Health, the Department of Agriculture, the Department of State SB0177 Enrolled - 18 - LRB101 06086 HLH 51107 b Police, and the Department of Financial and Professional Regulation may adopt emergency rules in accordance with this subsection (kk) (gg).
The rulemaking authority granted in this subsection (kk) (gg) shall apply only to rules adopted before December 31, 2021.
Notwithstanding the provisions of subsection (c), emergency rules adopted under this subsection (kk) (gg) shall be effective for 180 days.
The adoption of emergency rules authorized by this subsection (kk) (gg) is deemed to be necessary for the public interest, safety, and welfare.
(ll) (hh) In order to provide for the expeditious and timely implementation of the provisions of the Leveling the Playing Field for Illinois Retail Act, emergency rules may be adopted in accordance with this subsection (ll) (hh) to implement the changes made by the Leveling the Playing Field for Illinois Retail Act.
The adoption of emergency rules authorized by this subsection (ll) (hh) is deemed to be necessary for the public interest, safety, and welfare.
(mm) (ii) In order to provide for the expeditious and timely implementation of the provisions of Section 25-70 of the Sports Wagering Act, emergency rules to implement Section 25-70 of the Sports Wagering Act may be adopted in accordance with this subsection (mm) (ii) by the Department of the Lottery as provided in the Sports Wagering Act.
The adoption of emergency rules authorized by this subsection (mm) (ii) is deemed to be necessary for the public interest, safety, and welfare.
SB0177 Enrolled - 19 - LRB101 06086 HLH 51107 b (nn) (jj) In order to provide for the expeditious and timely implementation of the Sports Wagering Act, emergency rules to implement the Sports Wagering Act may be adopted in accordance with this subsection (nn) (jj) by the Illinois Gaming Board.
The adoption of emergency rules authorized by this subsection (nn) (jj) is deemed to be necessary for the public interest, safety, and welfare.
(oo) (kk) In order to provide for the expeditious and timely implementation of the provisions of subsection (c) of Section 20 of the Video Gaming Act, emergency rules to implement the provisions of subsection (c) of Section 20 of the Video Gaming Act may be adopted in accordance with this subsection (oo) (kk) by the Illinois Gaming Board.
The adoption of emergency rules authorized by this subsection (oo) (kk) is deemed to be necessary for the public interest, safety, and welfare.
(pp) (gg) In order to provide for the expeditious and timely implementation of the provisions of Section 50 of the Sexual Assault Evidence Submission Act, emergency rules to implement Section 50 of the Sexual Assault Evidence Submission Act may be adopted in accordance with this subsection (pp) (gg) by the Department of State Police.
The adoption of emergency rules authorized by this subsection (pp) (gg) is deemed to be necessary for the public interest, safety, and welfare.
(qq) In order to provide for the expeditious and timely implementation of the provisions of the Illinois Works Jobs SB0177 Enrolled - 20 - LRB101 06086 HLH 51107 b Program Act, emergency rules may be adopted in accordance with this subsection (qq) to implement the Illinois Works Jobs Program Act.
The adoption of emergency rules authorized by this subsection (qq) is deemed to be necessary for the public interest, safety, and welfare.
97-72, eff.
100-23, eff.
7-1-11;
7-6-17;
97-333, eff.
100-554, eff.
8-12-11;
11-16-17;
98-24, eff.
100-581, eff.
6-19-13;
3-12-18;
98-674, eff.
100-587, Article 95, Section 95-5, eff.
6-30-14.) Section 99.
6-4-18;
100-587, Article 110, Section 110-5, eff.
6-4-18;
100-864, eff.
8-14-18;
100-1172, eff.
1-4-19;
100-1181, eff.
3-8-19;
101-1, eff.
2-19-19;
101-10, Article 20, Section 20-5, eff.
6-5-19;
101-10, Article 35, Section 35-5, eff.
6-5-19;
101-27, eff.
6-25-19;
101-31, Article 15, Section 15-5, eff.
6-28-19;
101-31, Article 25, Section 25-900, eff.
6-28-19;
101-31, Article 35, Section 35-3, eff.
6-28-19;
101-377, eff.
8-16-19;
revised 9-27-19.) Section 1-15.
The Illinois Works Jobs Program Act is amended by changing Sections 20-10, 20-15, 20-20, and 20-25 as follows:
(30 ILCS 559/20-10) Sec.
20-10.
Definitions.
"Apprentice" means a participant in an apprenticeship program approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training.
"Apprenticeship program" means an apprenticeship and SB0177 Enrolled - 21 - LRB101 06086 HLH 51107 b training program approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training.
"Bid credit" means a virtual dollar for a contractor or subcontractor to use toward future bids on contracts with the State for public works projects contracts.
"Community-based organization" means a nonprofit organization, including an accredited public college or university, selected by the Department to participate in the Illinois Works Preapprenticeship Program.
To qualify as a "community-based organization", the organization must demonstrate the following:
(1) the ability to effectively serve diverse and underrepresented populations, including by providing employment services to such populations;
(2) knowledge of the construction and building trades;
(3) the ability to recruit, prescreen, and provide preapprenticeship training to prepare workers for employment in the construction and building trades;
and (4) a plan to provide the following:
(A) preparatory classes;
(B) workplace readiness skills, such as resume preparation and interviewing techniques;
(C) strategies for overcoming barriers to entry and completion of an apprenticeship program;
and (D) any prerequisites for acceptance into an SB0177 Enrolled - 22 - LRB101 06086 HLH 51107 b apprenticeship program.
"Contractor" means a person, corporation, partnership, limited liability company, or joint venture entering into a contract with the State or any State agency to construct a public work.
"Department" means the Department of Commerce and Economic Opportunity.
"Labor hours" means the total hours for workers who are receiving an hourly wage and who are directly employed for the public works project.
"Labor hours" includes hours performed by workers employed by the contractor and subcontractors on the public works project.
"Labor hours" does not include hours worked by the forepersons, superintendents, owners, and workers who are not subject to prevailing wage requirements.
"Minorities" means minority persons as defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
"Public works" means all projects, contracted or funded by the State or any agency of the State, in whole or in part, from appropriated capital funds, that constitute public works under the Prevailing Wage Act.
"Subcontractor" means a person, corporation, partnership, limited liability company, or joint venture that has contracted with the contractor to perform all or part of the work to construct a public work by a contractor.
"Underrepresented populations" means populations SB0177 Enrolled - 23 - LRB101 06086 HLH 51107 b identified by the Department that historically have had barriers to entry or advancement in the workforce.
"Underrepresented populations" includes, but is not limited to, minorities, women, and veterans.
(Source:
P.A.
101-31, eff.
6-28-19.) (30 ILCS 559/20-15) Sec.
20-15.
Illinois Works Preapprenticeship Program;
Illinois Works Bid Credit Program.
(a) The Illinois Works Preapprenticeship Program is established and shall be administered by the Department.
The goal of the Illinois Works Preapprenticeship Program is to create a network of community-based organizations throughout the State that will recruit, prescreen, and provide preapprenticeship skills training, for which participants may attend free of charge and receive a stipend, to create a qualified, diverse pipeline of workers who are prepared for careers in the construction and building trades.
Upon completion of the Illinois Works Preapprenticeship Program, the candidates will be skilled and work-ready.
(b) There is created the Illinois Works Fund, a special fund in the State treasury.
The Illinois Works Fund shall be administered by the Department.
The Illinois Works Fund shall be used to provide funding for community-based organizations throughout the State.
In addition to any other transfers that may be provided for by law, on and after July 1, 2019 and until SB0177 Enrolled - 24 - LRB101 06086 HLH 51107 b June 30, 2020, at the direction of the Director of the Governor's Office of Management and Budget, the State Comptroller shall direct and the State Treasurer shall transfer amounts not exceeding a total of $25,000,000 from the Rebuild Illinois Projects Fund to the Illinois Works Fund.
(c) Each community-based organization that receives funding from the Illinois Works Fund shall provide an annual report to the Illinois Works Review Panel by April 1 of each calendar year.
The annual report shall include the following information:
(1) a description of the community-based organization's recruitment, screening, and training efforts;
(2) the number of individuals who apply to, participate in, and complete the community-based organization's program, broken down by race, gender, age, and veteran status;
and (3) the number of the individuals referenced in item (2) of this subsection who are initially accepted and placed into apprenticeship programs in the construction and building trades.
(d) The Department shall create and administer the Illinois Works Bid Credit Program that shall provide economic incentives, through bid credits, to encourage contractors and subcontractors to provide contracting and employment opportunities to historically underrepresented populations in SB0177 Enrolled - 25 - LRB101 06086 HLH 51107 b the construction industry.
The Illinois Works Bid Credit Program shall allow contractors and subcontractors to earn bid credits for use toward future bids for public works projects contracted by the State or an agency of the State in order to increase the chances that the contractor and the subcontractors will be selected.
Contractors or subcontractors may be eligible for bid credits for employing apprentices who have completed the Illinois Works Preapprenticeship Program on public works projects contracted by the State or any agency of the State.
Contractors or subcontractors shall earn bid credits at a rate established by the Department and based on labor hours worked on State-contracted public works projects by apprentices who have completed the Illinois Works Preapprenticeship Program.
The Department shall establish the rate by rule and shall publish it published on the Department's website.
The rule may include maximum bid credits allowed per contractor, per subcontractor, per apprentice, per bid, or per year , including any appropriate caps.
The Illinois Works Credit Bank is hereby created and shall be administered by the Department.
The Illinois Works Credit Bank shall track the bid credits.
A contractor or subcontractor who has been awarded bid credits under any other State program for employing apprentices who have completed the Illinois Works Preapprenticeship SB0177 Enrolled - 26 - LRB101 06086 HLH 51107 b Program is not eligible to receive bid credits under the Illinois Works Bid Credit Program relating to the same contract.
The Department shall report to the Illinois Works Review Panel the following:
(i) the number of bid credits awarded by the Department;
(ii) the number of bid credits submitted by the contractor or subcontractor to the agency administering the public works contract;
and (iii) the number of bid credits accepted by the agency for such contract.
Any agency that awards bid credits pursuant to the Illinois Works Credit Bank Program shall report to the Department the number of bid credits it accepted for the public works contract.
Upon a finding that a contractor or subcontractor has reported falsified records to the Department in order to fraudulently obtain bid credits, the Department may shall permanently bar the contractor or subcontractor from participating in the Illinois Works Bid Credit Program and may suspend the contractor or subcontractor from bidding on or participating in any public works project.
False or fraudulent claims for payment relating to false bid credits may be subject to damages and penalties under applicable law.
(e) The Department shall adopt any rules deemed necessary to implement this Section.
In order to provide for the expeditious and timely implementation of this Act, the Department may adopt emergency rules.
The adoption of emergency rules authorized by this subsection is deemed to be necessary SB0177 Enrolled - 27 - LRB101 06086 HLH 51107 b for the public interest, safety, and welfare.
(Source:
P.A.
101-31, eff.
6-28-19.) (30 ILCS 559/20-20) Sec.
20-20.
Illinois Works Apprenticeship Initiative.
(a) The Illinois Works Apprenticeship Initiative is established and shall be administered by the Department.
(1) Subject to the exceptions set forth in subsection (b) of this Section, apprentices shall be utilized on all public works projects estimated to cost $500,000 or more in accordance with this subsection (a).
(2) For public works projects estimated to cost $500,000 or more, the goal of the Illinois Works Apprenticeship Initiative is that apprentices will perform either 10% of the total labor hours actually worked in each prevailing wage classification or 10% of the estimated labor hours in each prevailing wage classification, whichever is less.
(b) Before or during the term of a contract subject to this Section, the Department may reduce or waive the goals set forth in paragraph (2) of subsection (a).
Prior to the Department granting a request for a reduction or waiver, the Department shall determine, in its discretion, whether to hold a public hearing on the request.
In determining whether to hold a public hearing, the Department may consider factors, including the scale of the project and whether the contractor or SB0177 Enrolled - 28 - LRB101 06086 HLH 51107 b subcontractor seeking the reduction or waiver has previously requested reductions or waivers on other projects.
The Department may also and shall consult with the Business Enterprise Council under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the Chief Procurement Officer of the agency administering the public works contract.
The Department may grant a reduction or waiver upon a determination that:
(1) the contractor or subcontractor has demonstrated that insufficient apprentices are available;
(2) the reasonable and necessary requirements of the contract do not allow the goal to be met;
(3) there is a disproportionately high ratio of material costs to labor hours that makes meeting the goal infeasible;
or (4) apprentice labor hour goals conflict with existing requirements, including federal requirements, in connection with the public work.
(c) Contractors and subcontractors must submit a certification to the Department and the agency that is administering the contract, or the grant agreement funding the contract, demonstrating that the contractor or subcontractor has either:
(1) met the apprentice labor hour goals set forth in paragraph (2) of subsection (a);
or (2) received a reduction or waiver pursuant to SB0177 Enrolled - 29 - LRB101 06086 HLH 51107 b subsection (b).
It shall be deemed to be a material breach of the contract, or the grant agreement funding the contract, and entitle the State to declare a default, terminate the contract or grant agreement funding it, and exercise those remedies provided for in the contract, at law, or in equity if the contractor or subcontractor fails to submit the certification required in this subsection or submits false or misleading information.
(d) No later than one year after the effective date of this Act, and by April 1 of every calendar year thereafter, the Department of Labor shall submit a report to the Illinois Works Review Panel regarding the use of apprentices under the Illinois Works Apprenticeship Initiative for public works projects.
To the extent it is available, the report shall include the following information:
(1) the total number of labor hours on each project and the percentage of labor hours actually worked by apprentices on each public works project;
(2) the number of apprentices used in each public works project, broken down by trade;
and (3) the number and percentage of minorities, women, and veterans utilized as apprentices on each public works project.
(e) The Department shall adopt any rules deemed necessary to implement the Illinois Works Apprenticeship Initiative.
In order to provide for the expeditious and timely implementation SB0177 Enrolled - 30 - LRB101 06086 HLH 51107 b of this Act, the Department may adopt emergency rules.
The adoption of emergency rules authorized by this subsection is deemed to be necessary for the public interest, safety, and welfare.
(f) The Illinois Works Apprenticeship Initiative shall not interfere with any contracts or grants program in existence on the effective date of this Act.
(g) Notwithstanding any provisions to the contrary in this Act, any State agency that administers a construction program for which federal law or regulations establish standards and procedures for the utilization of apprentices may implement the Illinois Works Apprenticeship Initiative using the federal standards and procedures for the establishment of goals and utilization procedures for the State-funded, as well as the federally assisted, portions of the program.
In such cases, these goals shall not exceed those established pursuant to the relevant federal statutes or regulations.
(Source:
P.A.
101-31, eff.
6-28-19.) (30 ILCS 559/20-25) Sec.
20-25.
The Illinois Works Review Panel.
(a) The Illinois Works Review Panel is created and shall be comprised of 25 11 members, each serving 3-year terms.
The Speaker of the House of Representatives and the President of the Senate shall each appoint 5 2 members.
The Minority Leader of the House of Representatives and the Minority Leader of the SB0177 Enrolled - 31 - LRB101 06086 HLH 51107 b Senate shall each appoint 5 members one member.
The Director of Commerce and Economic Opportunity, or his or her designee, shall serve as a member.
The Governor shall appoint the following individuals to serve as members:
a representative from a contractor organization;
a representative from a labor organization;
and 2 members of the public with workforce development expertise, one of whom shall be a representative of a nonprofit organization that addresses workforce development.
(b) The members of the Illinois Works Review Panel shall make recommendations to the Department regarding identification and evaluation of community-based organizations.
(c) The Illinois Works Review Panel shall meet, at least quarterly, to review and evaluate (i) the Illinois Works Preapprenticeship Program and the Illinois Works Apprenticeship Initiative, (ii) ideas to diversify the trainee corps in the Illinois Works Preapprenticeship Program and the workforce in the construction industry in Illinois, (iii) ideas to increase diversity in active apprenticeship programs in Illinois, and (iv) (iii) workforce demographic data collected by the Illinois Department of Labor.
(d) All State contracts and grant agreements funding State contracts shall include a requirement that the contractor and subcontractor shall, upon reasonable notice, appear before and respond to requests for information from the Illinois Works Review Panel.
SB0177 Enrolled - 32 - LRB101 06086 HLH 51107 b (e) By August 1, 2020, and every August 1 thereafter, the Illinois Works Review Panel shall report to the General Assembly on its evaluation of the Illinois Works Preapprenticeship Program and the Illinois Works Apprenticeship Initiative, including any recommended modifications.
(Source:
P.A.
101-31, eff.
6-28-19.) Article 2 Section 2-5.
The Department of Labor Law of the Civil Administrative Code of Illinois is amended by changing Section 1505-215 as follows:
(20 ILCS 1505/1505-215) (This Section may contain text from a Public Act with a delayed effective date) Sec.
1505-215.
Bureau on Apprenticeship Programs;
Advisory Board.
(a) There is created within the Department of Labor a Bureau on Apprenticeship Programs.
This Bureau shall work to increase minority participation in active apprentice programs in Illinois that are approved by the United States Department of Labor.
The Bureau shall identify barriers to minorities gaining access to construction careers and make recommendations to the Governor and the General Assembly for SB0177 Enrolled - 33 - LRB101 06086 HLH 51107 b policies to remove those barriers.
The Department may hire staff to perform outreach in promoting diversity in active apprenticeship programs approved by the United States Department of Labor.
The Bureau shall annually compile racial and gender workforce diversity information from contractors receiving State or other public funds and by labor unions with members working on projects receiving State or other public funds.
(b) There is created the Advisory Board for Diversity in Active Apprenticeship Programs Approved by the United States Department of Labor.
This Advisory Board shall be composed of 12 legislators;
3 members appointed by the President of the Senate, 3 members appointed by the Speaker of the House of Representatives, 3 members appointed by the Minority Leader of the Senate, and 3 members appointed by the Minority Leader of the House of Representatives.
The President of the Senate and the Speaker of the House of Representatives shall each appoint a co-chairperson.
Members of the Advisory Board shall receive no compensation for serving as members of the Advisory Board.
The Advisory Board shall meet quarterly.
The Advisory Board may request necessary additional information from the Department, other State agencies, or public institutions of higher education for the purposes of performing its duties under this Section.
The Advisory Board may advise the Department of programs to increase diversity in active apprenticeship programs.
The Department shall provide administrative support SB0177 Enrolled - 34 - LRB101 06086 HLH 51107 b and staffing for the Advisory Board.
(Source:
P.A.
101-170, eff.
1-1-20.) Section 2-10.
The Business Enterprise for Minorities, Women, and Persons with Disabilities Act is amended by changing Sections 2, 4, 5, and 7 as follows:
(30 ILCS 575/2) (Section scheduled to be repealed on June 30, 2024) Sec.
2.
Definitions.
(A) For the purpose of this Act, the following terms shall have the following definitions:
(1) "Minority person" shall mean a person who is a citizen or lawful permanent resident of the United States and who is any of the following:
(a) American Indian or Alaska Native (a person having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).
(c) Black or African American (a person having SB0177 Enrolled - 35 - LRB101 06086 HLH 51107 b origins in any of the black racial groups of Africa).
Terms such as "Haitian" or "Negro" can be used in addition to "Black or African American".
(d) Hispanic or Latino (a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).
(2) "Woman" shall mean a person who is a citizen or lawful permanent resident of the United States and who is of the female gender.
(2.05) "Person with a disability" means a person who is a citizen or lawful resident of the United States and is a person qualifying as a person with a disability under subdivision (2.1) of this subsection (A).
(2.1) "Person with a disability" means a person with a severe physical or mental disability that:
(a) results from:
amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, SB0177 Enrolled - 36 - LRB101 06086 HLH 51107 b Crohn's disease, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, an intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders, including stroke and epilepsy, paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, ulcerative colitis, specific learning disabilities, or end stage renal failure disease;
and (b) substantially limits one or more of the person's major life activities.
Another disability or combination of disabilities may also be considered as a severe disability for the purposes of item (a) of this subdivision (2.1) if it is determined SB0177 Enrolled - 37 - LRB101 06086 HLH 51107 b by an evaluation of rehabilitation potential to cause a comparable degree of substantial functional limitation similar to the specific list of disabilities listed in item (a) of this subdivision (2.1).
(3) "Minority-owned business" means a business which is at least 51% owned by one or more minority persons, or in the case of a corporation, at least 51% of the stock in which is owned by one or more minority persons;
and the management and daily business operations of which are controlled by one or more of the minority individuals who own it.
(4) "Women-owned business" means a business which is at least 51% owned by one or more women, or, in the case of a corporation, at least 51% of the stock in which is owned by one or more women;
and the management and daily business operations of which are controlled by one or more of the women who own it.
(4.1) "Business owned by a person with a disability" means a business that is at least 51% owned by one or more persons with a disability and the management and daily business operations of which are controlled by one or more of the persons with disabilities who own it.
A not-for-profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also considered a "business owned by a person with a disability".
SB0177 Enrolled - 38 - LRB101 06086 HLH 51107 b (4.2) "Council" means the Business Enterprise Council for Minorities, Women, and Persons with Disabilities created under Section 5 of this Act.
(5) "State contracts" means all contracts entered into by the State, any agency or department thereof, or any public institution of higher education, including community college districts, regardless of the source of the funds with which the contracts are paid, which are not subject to federal reimbursement.
"State contracts" does not include contracts awarded by a retirement system, pension fund, or investment board subject to Section 1-109.1 of the Illinois Pension Code.
This definition shall control over any existing definition under this Act or applicable administrative rule.
"State construction contracts" means all State contracts entered into by a State agency or public institution of higher education for the repair, remodeling, renovation or construction of a building or structure, or for the construction or maintenance of a highway defined in Article 2 of the Illinois Highway Code.
(6) "State agencies" shall mean all departments, officers, boards, commissions, institutions and bodies politic and corporate of the State, but does not include the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of SB0177 Enrolled - 39 - LRB101 06086 HLH 51107 b Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, municipalities or other local governmental units, or other State constitutional officers.
(7) "Public institutions of higher education" means the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, the public community colleges of the State, and any other public universities, colleges, and community colleges now or hereafter established or authorized by the General Assembly.
(8) "Certification" means a determination made by the Council or by one delegated authority from the Council to make certifications, or by a State agency with statutory authority to make such a certification, that a business entity is a business owned by a minority, woman, or person with a disability for whatever purpose.
A business owned and controlled by women shall be certified as a "woman-owned business".
A business owned and controlled by SB0177 Enrolled - 40 - LRB101 06086 HLH 51107 b women who are also minorities shall be certified as both a "women-owned business" and a "minority-owned business".
(9) "Control" means the exclusive or ultimate and sole control of the business including, but not limited to, capital investment and all other financial matters, property, acquisitions, contract negotiations, legal matters, officer-director-employee selection and comprehensive hiring, operating responsibilities, cost-control matters, income and dividend matters, financial transactions and rights of other shareholders or joint partners.
Control shall be real, substantial and continuing, not pro forma.
Control shall include the power to direct or cause the direction of the management and policies of the business and to make the day-to-day as well as major decisions in matters of policy, management and operations.
Control shall be exemplified by possessing the requisite knowledge and expertise to run the particular business and control shall not include simple majority or absentee ownership.
(10) "Business" means a business that has annual gross sales of less than $75,000,000 as evidenced by the federal income tax return of the business.
A firm with gross sales in excess of this cap may apply to the Council for certification for a particular contract if the firm can demonstrate that the contract would have significant impact on businesses owned by minorities, women, or persons SB0177 Enrolled - 41 - LRB101 06086 HLH 51107 b with disabilities as suppliers or subcontractors or in employment of minorities, women, or persons with disabilities.
(11) "Utilization plan" means a form and additional documentations included in all bids or proposals that demonstrates a vendor's proposed utilization of vendors certified by the Business Enterprise Program to meet the targeted goal.
The utilization plan shall demonstrate that the Vendor has either:
(1) met the entire contract goal or (2) requested a full or partial waiver and made good faith efforts towards meeting the goal.
(12) "Business Enterprise Program" means the Business Enterprise Program of the Department of Central Management Services.
(B) When a business is owned at least 51% by any combination of minority persons, women, or persons with disabilities, even though none of the 3 classes alone holds at least a 51% interest, the ownership requirement for purposes of this Act is considered to be met.
The certification category for the business is that of the class holding the largest ownership interest in the business.
If 2 or more classes have equal ownership interests, the certification category shall be determined by the business.
(Source:
P.A.
99-143, eff.
7-27-15;
99-462, eff.
8-25-15;
99-642, eff.
7-28-16;
100-391, eff.
8-25-17.) SB0177 Enrolled - 42 - LRB101 06086 HLH 51107 b (30 ILCS 575/4) (from Ch.
127, par.
132.604) (Text of Section before amendment by P.A.
101-170) (Section scheduled to be repealed on June 30, 2024) Sec.
4.
Award of State contracts.
(a) Except as provided in subsection subsections (b) and (c), not less than 20% of the total dollar amount of State contracts, as defined by the Secretary of the Council and approved by the Council, shall be established as an aspirational goal to be awarded to businesses owned by minorities, women, and persons with disabilities;
provided, however, that of the total amount of all State contracts awarded to businesses owned by minorities, women, and persons with disabilities pursuant to this Section, contracts representing at least 11% shall be awarded to businesses owned by minorities, contracts representing at least 7% shall be awarded to women-owned businesses, and contracts representing at least 2% shall be awarded to businesses owned by persons with disabilities.
The above percentage relates to the total dollar amount of State contracts during each State fiscal year, calculated by examining independently each type of contract for each agency or public institutions of higher education which lets such contracts.
Only that percentage of arrangements which represents the participation of businesses owned by minorities, women, and persons with disabilities on such contracts shall be included.
State contracts subject to the SB0177 Enrolled - 43 - LRB101 06086 HLH 51107 b requirements of this Act shall include the requirement that only expenditures to businesses owned by minorities, women, and persons with disabilities that perform a commercially useful function may be counted toward the goals set forth by this Act.
Contracts shall include a definition of "commercially useful function" that is consistent with 49 CFR 26.55(c).
(b) In the case of State construction contracts, the provisions of subsection (a) requiring a portion of State contracts to be awarded to businesses owned and controlled by persons with disabilities do not apply.
The following aspirational goals are established for State construction contracts:
not less than 20% of the total dollar amount of State construction contracts is established as a goal to be awarded to minority-owned and women-owned businesses.
(c) In the case of all work undertaken by the University of Illinois related to the planning, organization, and staging of the games, the University of Illinois shall establish a goal of awarding not less than 25% of the annual dollar value of all contracts, purchase orders, and other agreements (collectively referred to as "the contracts") to minority-owned businesses or businesses owned by a person with a disability and 5% of the annual dollar value the contracts to women-owned businesses.
For purposes of this subsection, the term "games" has the meaning set forth in the Olympic Games and Paralympic Games (2016) Law.
(d) Within one year after April 28, 2009 (the effective SB0177 Enrolled - 44 - LRB101 06086 HLH 51107 b date of Public Act 96-8), the Department of Central Management Services shall conduct a social scientific study that measures the impact of discrimination on minority and women business development in Illinois.
Within 18 months after April 28, 2009 (the effective date of Public Act 96-8), the Department shall issue a report of its findings and any recommendations on whether to adjust the goals for minority and women participation established in this Act.
Copies of this report and the social scientific study shall be filed with the Governor and the General Assembly.
By December 1, 2022, the Department of Central Management Services Business Enterprise Program shall develop a model for social scientific disparity study sourcing for local governmental units to adapt and implement to address regional disparities in public procurement.
(e) Except as permitted under this Act or as otherwise mandated by federal law or regulation, those who submit bids or proposals for State contracts subject to the provisions of this Act, whose bids or proposals are successful and include a utilization plan but that fail to meet the goals set forth in subsection (b) of this Section, shall be notified of that deficiency and shall be afforded a period not to exceed 10 calendar days from the date of notification to cure that deficiency in the bid or proposal.
The deficiency in the bid or proposal may only be cured by contracting with additional subcontractors who are owned by minorities or women, but in no SB0177 Enrolled - 45 - LRB101 06086 HLH 51107 b case shall an identified subcontractor with a certification made pursuant to this Act be terminated from the contract without the written consent of the State agency or public institution of higher education entering into the contract.
(f) Non-construction solicitations that include Business Enterprise Program participation goals shall require bidders and offerors to include utilization plans.
Utilization plans are due at the time of bid or offer submission.
Failure to complete and include a utilization plan, including documentation demonstrating good faith effort when requesting a waiver, shall render the bid or offer non-responsive.
(Source:
P.A.
99-462, eff.
8-25-15;
99-514, eff.
6-30-16;
100-391, eff.
8-25-17.) (Text of Section after amendment by P.A.
101-170) (Section scheduled to be repealed on June 30, 2024) Sec.
4.
Award of State contracts.
(a) Except as provided in subsection subsections (b) and (c), not less than 20% of the total dollar amount of State contracts, as defined by the Secretary of the Council and approved by the Council, shall be established as an aspirational goal to be awarded to businesses owned by minorities, women, and persons with disabilities;
provided, however, that of the total amount of all State contracts awarded to businesses owned by minorities, women, and persons with disabilities pursuant to this Section, contracts SB0177 Enrolled - 46 - LRB101 06086 HLH 51107 b representing at least 11% shall be awarded to businesses owned by minorities, contracts representing at least 7% shall be awarded to women-owned businesses, and contracts representing at least 2% shall be awarded to businesses owned by persons with disabilities.
The above percentage relates to the total dollar amount of State contracts during each State fiscal year, calculated by examining independently each type of contract for each agency or public institutions of higher education which lets such contracts.
Only that percentage of arrangements which represents the participation of businesses owned by minorities, women, and persons with disabilities on such contracts shall be included.
State contracts subject to the requirements of this Act shall include the requirement that only expenditures to businesses owned by minorities, women, and persons with disabilities that perform a commercially useful function may be counted toward the goals set forth by this Act.
Contracts shall include a definition of "commercially useful function" that is consistent with 49 CFR 26.55(c).
(b) Not less than 20% of the total dollar amount of State construction contracts is established as an aspirational goal to be awarded to businesses owned by minorities, women, and persons with disabilities;
provided that, contracts representing at least 11% of the total dollar amount of State construction contracts shall be awarded to businesses owned by minorities;
contracts representing at least 7% of the total SB0177 Enrolled - 47 - LRB101 06086 HLH 51107 b dollar amount of State construction contracts shall be awarded to women-owned businesses;
and contracts representing at least 2% of the total dollar amount of State construction contracts shall be awarded to businesses owned by persons with disabilities.
(c) (Blank).
(d) Within one year after April 28, 2009 (the effective date of Public Act 96-8), the Department of Central Management Services shall conduct a social scientific study that measures the impact of discrimination on minority and women business development in Illinois.
Within 18 months after April 28, 2009 (the effective date of Public Act 96-8), the Department shall issue a report of its findings and any recommendations on whether to adjust the goals for minority and women participation established in this Act.
Copies of this report and the social scientific study shall be filed with the Governor and the General Assembly.
By December 1, 2020, the Department of Central Management Services shall conduct a new social scientific study that measures the impact of discrimination on minority and women business development in Illinois.
By June 1, 2022, the Department shall issue a report of its findings and any recommendations on whether to adjust the goals for minority and women participation established in this Act.
Copies of this report and the social scientific study shall be filed with the Governor, the Advisory Board, and the General Assembly.
By SB0177 Enrolled - 48 - LRB101 06086 HLH 51107 b December 1, 2022, the Department of Central Management Services Business Enterprise Program shall develop a model for social scientific disparity study sourcing for local governmental units to adapt and implement to address regional disparities in public procurement.
(e) Except as permitted under this Act or as otherwise mandated by federal law or regulation, those who submit bids or proposals for State contracts subject to the provisions of this Act, whose bids or proposals are successful and include a utilization plan but that fail to meet the goals set forth in subsection (b) of this Section, shall be notified of that deficiency and shall be afforded a period not to exceed 10 calendar days from the date of notification to cure that deficiency in the bid or proposal.
The deficiency in the bid or proposal may only be cured by contracting with additional subcontractors who are owned by minorities or women.
Any increase in cost to a contract for the addition of a subcontractor to cure a bid's deficiency shall not affect the bid price, shall not be used in the request for an exemption in this Act, and in no case shall an identified subcontractor with a certification made pursuant to this Act be terminated from the contract without the written consent of the State agency or public institution of higher education entering into the contract.
(f) Non-construction solicitations that include Business Enterprise Program participation goals shall require bidders SB0177 Enrolled - 49 - LRB101 06086 HLH 51107 b and offerors to include utilization plans.
Utilization plans are due at the time of bid or offer submission.
Failure to complete and include a utilization plan, including documentation demonstrating good faith effort when requesting a waiver, shall render the bid or offer non-responsive.
(Source:
P.A.
100-391, eff.
8-25-17;
101-170, eff.
1-1-20.) (30 ILCS 575/5) (from Ch.
127, par.
132.605) (Section scheduled to be repealed on June 30, 2024) Sec.
5.
Business Enterprise Council.
(1) To help implement, monitor and enforce the goals of this Act, there is created the Business Enterprise Council for Minorities, Women, and Persons with Disabilities, hereinafter referred to as the Council, composed of the Secretary of Human Services and the Directors of the Department of Human Rights, the Department of Commerce and Economic Opportunity, the Department of Central Management Services, the Department of Transportation and the Capital Development Board, or their duly appointed representatives, with the Comptroller, or his or her designee, serving as an advisory member of the Council.
Ten individuals representing businesses that are minority-owned or women-owned or owned by persons with disabilities, 2 individuals representing the business community, and a representative of public institutions of higher education shall be appointed by the Governor.
These members shall serve 2 year terms and shall be eligible for reappointment.
Any vacancy SB0177 Enrolled - 50 - LRB101 06086 HLH 51107 b occurring on the Council shall also be filled by the Governor.
Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.
Members of the Council shall serve without compensation but shall be reimbursed for any ordinary and necessary expenses incurred in the performance of their duties.
The Director of the Department of Central Management Services shall serve as the Council chairperson and shall select, subject to approval of the council, a Secretary responsible for the operation of the program who shall serve as the Division Manager of the Business Enterprise for Minorities, Women, and Persons with Disabilities Division of the Department of Central Management Services.
The Director of each State agency and the chief executive officer of each public institutions of higher education shall appoint a liaison to the Council.
The liaison shall be responsible for submitting to the Council any reports and documents necessary under this Act.
(2) The Council's authority and responsibility shall be to:
(a) Devise a certification procedure to assure that businesses taking advantage of this Act are legitimately classified as businesses owned by minorities, women, or persons with disabilities and a registration procedure to recognize, without additional evidence of Business Enterprise Program eligibility, the certification of SB0177 Enrolled - 51 - LRB101 06086 HLH 51107 b businesses owned by minorities, women, or persons with disabilities certified by the City of Chicago, Cook County, or other jurisdictional programs with requirements and procedures equaling or exceeding those in this Act.
(b) Maintain a list of all businesses legitimately classified as businesses owned by minorities, women, or persons with disabilities to provide to State agencies and public institutions of higher education.
(c) Review rules and regulations for the implementation of the program for businesses owned by minorities, women, and persons with disabilities.
(d) Review compliance plans submitted by each State agency and public institutions of higher education pursuant to this Act.
(e) Make annual reports as provided in Section 8f to the Governor and the General Assembly on the status of the program.
(f) Serve as a central clearinghouse for information on State contracts, including the maintenance of a list of all pending State contracts upon which businesses owned by minorities, women, and persons with disabilities may bid.
At the Council's discretion, maintenance of the list may include 24-hour electronic access to the list along with the bid and application information.
(g) Establish a toll free telephone number to facilitate information requests concerning the SB0177 Enrolled - 52 - LRB101 06086 HLH 51107 b certification process and pending contracts.
(3) No premium bond rate of a surety company for a bond required of a business owned by a minority, woman, or person with a disability bidding for a State contract shall be higher than the lowest rate charged by that surety company for a similar bond in the same classification of work that would be written for a business not owned by a minority, woman, or person with a disability.
(4) Any Council member who has direct financial or personal interest in any measure pending before the Council shall disclose this fact to the Council and refrain from participating in the determination upon such measure.
(5) The Secretary shall have the following duties and responsibilities:
(a) To be responsible for the day-to-day operation of the Council.
(b) To serve as a coordinator for all of the State's programs for businesses owned by minorities, women, and persons with disabilities and as the information and referral center for all State initiatives for businesses owned by minorities, women, and persons with disabilities.
(c) To establish an enforcement procedure whereby the Council may recommend to the appropriate State legal officer that the State exercise its legal remedies which shall include (1) termination of the contract involved, (2) prohibition of participation by the respondent in public SB0177 Enrolled - 53 - LRB101 06086 HLH 51107 b contracts for a period not to exceed 3 years, (3) imposition of a penalty not to exceed any profit acquired as a result of violation, or (4) any combination thereof.
Such procedures shall require prior approval by Council.
All funds collected as penalties under this subsection shall be used exclusively for maintenance and further development of the Business Enterprise Program and encouragement of participation in State procurement by minorities, women, and persons with disabilities.
(d) To devise appropriate policies, regulations and procedures for including participation by businesses owned by minorities, women, and persons with disabilities as prime contractors including, but not limited to, (i) encouraging the inclusions of qualified businesses owned by minorities, women, and persons with disabilities on solicitation lists, (ii) investigating the potential of blanket bonding programs for small construction jobs, (iii) investigating and making recommendations concerning the use of the sheltered market process.
(e) To devise procedures for the waiver of the participation goals in appropriate circumstances.
(f) To accept donations and, with the approval of the Council or the Director of Central Management Services, grants related to the purposes of this Act;
to conduct seminars related to the purpose of this Act and to charge reasonable registration fees;
and to sell directories, SB0177 Enrolled - 54 - LRB101 06086 HLH 51107 b vendor lists and other such information to interested parties, except that forms necessary to become eligible for the program shall be provided free of charge to a business or individual applying for the program.
(Source:
P.A.
99-462, eff.
8-25-15;
100-391, eff.
8-25-17;
100-801, eff.
8-10-18.) (30 ILCS 575/7) (from Ch.
127, par.
132.607) (Section scheduled to be repealed on June 30, 2024) Sec.
7.
Exemptions;
waivers;
publication of data.
(1) Individual contract exemptions.
The Council, at the written request of the affected agency, public institution of higher education, or recipient of a grant or loan of State funds of $250,000 or more complying with Section 45 of the State Finance Act, may permit an individual contract or contract package, (related contracts being bid or awarded simultaneously for the same project or improvements) be made wholly or partially exempt from State contracting goals for businesses owned by minorities, women, and persons with disabilities prior to the advertisement for bids or solicitation of proposals whenever there has been a determination, reduced to writing and based on the best information available at the time of the determination, that there is an insufficient number of businesses owned by minorities, women, and persons with disabilities to ensure adequate competition and an expectation of reasonable prices on SB0177 Enrolled - 55 - LRB101 06086 HLH 51107 b bids or proposals solicited for the individual contract or contract package in question.
The Council may charge a reasonable fee for written request of individual contract exemptions.
Any such exemptions shall be given by the Council to the Bureau on Apprenticeship Programs.
(a) Written request for contract exemption.
A written request for an individual contract exemption exception must include, but is not limited to, the following:
(i) a list of eligible qualified businesses owned by minorities, women, and persons with disabilities that would qualify for the purpose of the contract;
(ii) a clear demonstration each business's deficiency that the number of eligible businesses identified in subparagraph (i) above is insufficient to ensure would impair adequate competition or qualification;
(iii) the difference in cost between the contract proposals being offered by businesses owned by minorities, women, and persons with disabilities and the agency or the public institution of higher education's expectations of reasonable prices on bids or proposals within that class;
and (iv) a list of eligible qualified businesses owned by minorities, women, and persons with disabilities that the contractor has used in the current and prior most recent fiscal years year.
SB0177 Enrolled - 56 - LRB101 06086 HLH 51107 b (b) Determination.
The Council's determination concerning an individual contract exemption must consider, at a minimum, include the following:
(i) the justification for the requested exemption, including whether diligent efforts were undertaken to identify and solicit eligible businesses owned by minorities, women, and persons with disabilities each business's disqualification;
(ii) the total number of exemptions granted to waivers of the affected agency, public institution of higher education, or recipient of a grant or loan of State funds of $250,000 or more complying with Section 45 of the State Finance Act that have been granted by the Council in the current and prior for that fiscal years year;
and (iii) the percentage of affected agency or public institution of higher education's most current percentages in contracts awarded by the agency or public institution of higher education to eligible businesses owned by minorities, women, and persons with disabilities in the current and prior for that fiscal years year.
(2) Class exemptions.
(a) Creation.
The Council, at the written request of the affected agency or public institution of higher education, may permit an entire class of contracts be made SB0177 Enrolled - 57 - LRB101 06086 HLH 51107 b exempt from State contracting goals for businesses owned by minorities, women, and persons with disabilities whenever there has been a determination, reduced to writing and based on the best information available at the time of the determination, that there is an insufficient number of qualified businesses owned by minorities, women, and persons with disabilities to ensure adequate competition and an expectation of reasonable prices on bids or proposals within that class.
Any such exemption shall be given by the Council to the Bureau on Apprenticeship Programs.
(a-1) Written request for class exemption.
A written request for a class exemption exception must include, but is not limited to, the following:
(i) a list of eligible qualified businesses owned by minorities, women, and persons with disabilities that pertain to the class of contracts in the requested waiver;
(ii) a clear demonstration each business's deficiency that the number of eligible businesses identified in subparagraph (i) above is insufficient to ensure would impair adequate competition or qualification;
(iii) the difference in cost between the contract proposals being offered by eligible businesses owned by minorities, women, and persons with disabilities SB0177 Enrolled - 58 - LRB101 06086 HLH 51107 b and the agency or the public institution of higher education's expectations of reasonable prices on bids or proposals within that class;
and (iv) the number of class exemptions the affected agency or public institution of higher education has requested in the current and prior for that fiscal years year.
(a-2) Determination.
The Council's determination concerning class exemptions must consider, at a minimum, include the following:
(i) the justification for the requested exemption, including whether diligent efforts were undertaken to identify and solicit eligible businesses owned by minorities, women, and persons with disabilities each business's disqualification;
(ii) the total number of class exemptions granted to waivers of the requesting agency or public institution of higher education that have been granted by the Council in the current and prior for that fiscal years year;
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Action History

  1. Public Act . . . . . . . . . 101-0601

  2. Effective Date January 1, 2020; Some provisions

  3. Effective Date December 10, 2019; Some provisions

  4. Governor Approved

  5. Sent to the Governor

  6. Passed Both Houses

  7. Senate Concurs

  8. House Floor Amendment No. 4 Senate Concurs 036-006-001

  9. House Floor Amendment No. 2 Senate Concurs 036-006-001

  10. House Committee Amendment No. 1 Senate Concurs 036-006-001

  11. 3/5 Vote Required

  12. Added as Chief Co-Sponsor Sen. Elgie R. Sims, Jr.

  13. House Floor Amendment No. 4 Motion To Concur Recommended Do Adopt Judiciary; 008-001-000

  14. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Judiciary; 008-001-000

  15. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 008-001-000

  16. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  17. Added as Chief Co-Sponsor Sen. Emil Jones, III

  18. House Floor Amendment No. 4 Motion to Concur Assignments Referred to Judiciary

  19. House Floor Amendment No. 2 Motion to Concur Assignments Referred to Judiciary

  20. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary

  21. House Floor Amendment No. 4 Motion to Concur Referred to Assignments

  22. House Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Napoleon Harris, III

  23. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  24. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Napoleon Harris, III

  25. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  26. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Napoleon Harris, III

  27. Placed on Calendar Order of Concurrence House Amendment(s) 1, 2, 4 - November 13, 2019

  28. Secretary's Desk - Concurrence House Amendment(s) 1, 2, 4

  29. House Floor Amendment No. 3 Tabled Pursuant to Rule 40

  30. Third Reading - Short Debate - Passed 082-032-000

  31. 3/5 Vote Required

  32. Added Alternate Co-Sponsor Rep. Camille Y. Lilly

  33. Placed on Calendar Order of 3rd Reading - Short Debate

  34. House Floor Amendment No. 4 Adopted

  35. House Floor Amendment No. 2 Adopted

  36. House Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 004-000-000

  37. House Floor Amendment No. 4 Referred to Rules Committee

  38. House Floor Amendment No. 4 Filed with Clerk by Rep. William Davis

  39. House Floor Amendment No. 3 Referred to Rules Committee

  40. House Floor Amendment No. 3 Filed with Clerk by Rep. William Davis

  41. House Floor Amendment No. 2 Recommends Be Adopted State Government Administration Committee; 007-003-000

  42. House Floor Amendment No. 2 Rules Refers to State Government Administration Committee

  43. House Floor Amendment No. 2 Referred to Rules Committee

  44. House Floor Amendment No. 2 Filed with Clerk by Rep. William Davis

  45. Held on Calendar Order of Second Reading - Short Debate

  46. Second Reading - Short Debate

  47. Placed on Calendar 2nd Reading - Short Debate

  48. House Committee Amendment No. 1 Adopted in State Government Administration Committee; by Voice Vote

  49. Do Pass as Amended / Short Debate State Government Administration Committee; 009-000-000

  50. House Committee Amendment No. 1 Rules Refers to State Government Administration Committee

  51. Alternate Chief Sponsor Changed to Rep. William Davis

  52. House Committee Amendment No. 1 Referred to Rules Committee

  53. House Committee Amendment No. 1 Filed with Clerk by Rep. William Davis

  54. Final Action Deadline Extended-9(b) November 27, 2019

  55. Assigned to State Government Administration Committee

  56. Rule 19(a) / Re-referred to Rules Committee

  57. To Sales, Amusement & Other Taxes Subcommittee

  58. Added Alternate Co-Sponsor Rep. Justin Slaughter

  59. Assigned to Revenue & Finance Committee

  60. Added Alternate Chief Co-Sponsor Rep. Curtis J. Tarver, II

  61. Referred to Rules Committee

  62. First Reading

  63. Chief House Sponsor Rep. Kambium Buckner

  64. Arrived in House

  65. Third Reading - Passed; 039-010-000

  66. Placed on Calendar Order of 3rd Reading

  67. Senate Floor Amendment No. 2 Adopted; Harris

  68. Recalled to Second Reading

  69. Added as Chief Co-Sponsor Sen. Ram Villivalam

  70. Senate Floor Amendment No. 2 Recommend Do Adopt Transportation; 012-003-000

  71. Senate Floor Amendment No. 2 Assignments Refers to Transportation

  72. Senate Floor Amendment No. 2 Referred to Assignments

  73. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Napoleon Harris, III

  74. Placed on Calendar Order of 3rd Reading March 28, 2019

  75. Second Reading

  76. Placed on Calendar Order of 2nd Reading March 21, 2019

  77. Do Pass as Amended Transportation; 013-005-000

  78. Senate Committee Amendment No. 1 Adopted

  79. Senate Committee Amendment No. 1 Assignments Refers to Transportation

  80. Senate Committee Amendment No. 1 Referred to Assignments

  81. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Napoleon Harris, III

  82. Postponed - Transportation

  83. Postponed - Transportation

  84. Postponed - Transportation

  85. Assigned to Transportation

  86. Referred to Assignments

  87. First Reading

  88. Filed with Secretary by Sen. Napoleon Harris, III

Sponsors

Sponsorship breakdown

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0 sponsors · 9 co-sponsors · 174 not signed on · 27 voted No

Sponsors (0)

None.

Co-sponsors (9)

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 36 Yea · 6 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 17205
Democrat 19003
Republican 0409
Total 366017
% of votes cast 61%10%0%29%
How each member voted (59)
Member Party Vote
Link — Yea
Manar — Yea
Cullerton, T. — Yea
Cullerton — Yea
Landek — Yea
Schimpf — Nay
Stewart — Nay
Sandoval — Not Voting
Bennett — Not Voting
Bertino-Tarrant — Not Voting
Righter — Not Voting
Martinez — Yea
Barickman — Yea
Gillespie — Yea
Steans — Yea
McGuire — Yea
Harris — Yea
Brady — Yea
Bush — Yea
Muñoz — Yea
Oberweis — Yea
Crowe — Yea
Glowiak Hilton — Yea
Van Pelt — Not Voting
Bill Cunningham Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Not Voting
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Not Voting
Omar Aquino Democrat Not Voting
Patrick J. Joyce Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Nay
Craig Wilcox Republican Not Voting
Dale Fowler Republican Nay
Dan McConchie Republican Not Voting
Dave Syverson Republican Not Voting
Donald P. DeWitte Republican Not Voting
Jason Plummer Republican Nay
Jil Tracy Republican Nay
John F. Curran Republican Not Voting
Neil Anderson Republican Not Voting
Steve McClure Republican Not Voting
Sue Rezin Republican Not Voting
Travis Weaver Republican Not Voting

Concurrence, Amendment 2

Passed 36 Yea · 6 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 17205
Democrat 19003
Republican 0409
Total 366017
% of votes cast 61%10%0%29%
How each member voted (59)
Member Party Vote
Link — Yea
Manar — Yea
Martinez — Yea
Barickman — Yea
Gillespie — Yea
Steans — Yea
McGuire — Yea
Harris — Yea
Brady — Yea
Bush — Yea
Muñoz — Yea
Oberweis — Yea
Crowe — Yea
Cullerton, T. — Yea
Cullerton — Yea
Landek — Yea
Schimpf — Nay
Stewart — Nay
Sandoval — Not Voting
Bennett — Not Voting
Bertino-Tarrant — Not Voting
Righter — Not Voting
Glowiak Hilton — Yea
Van Pelt — Not Voting
Bill Cunningham Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Not Voting
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Not Voting
Omar Aquino Democrat Not Voting
Patrick J. Joyce Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Nay
Craig Wilcox Republican Not Voting
Dale Fowler Republican Nay
Dan McConchie Republican Not Voting
Dave Syverson Republican Not Voting
Donald P. DeWitte Republican Not Voting
Jason Plummer Republican Nay
Jil Tracy Republican Nay
John F. Curran Republican Not Voting
Neil Anderson Republican Not Voting
Steve McClure Republican Not Voting
Sue Rezin Republican Not Voting
Travis Weaver Republican Not Voting

Concurrence, Amendment 4

Passed 36 Yea · 6 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 17205
Democrat 19003
Republican 0409
Total 366017
% of votes cast 61%10%0%29%
How each member voted (59)
Member Party Vote
Link — Yea
Manar — Yea
Martinez — Yea
Barickman — Yea
Gillespie — Yea
Steans — Yea
McGuire — Yea
Harris — Yea
Brady — Yea
Bush — Yea
Muñoz — Yea
Oberweis — Yea
Crowe — Yea
Cullerton, T. — Yea
Cullerton — Yea
Landek — Yea
Schimpf — Nay
Stewart — Nay
Sandoval — Not Voting
Bennett — Not Voting
Bertino-Tarrant — Not Voting
Righter — Not Voting
Glowiak Hilton — Yea
Van Pelt — Not Voting
Bill Cunningham Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Not Voting
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Not Voting
Omar Aquino Democrat Not Voting
Patrick J. Joyce Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Nay
Craig Wilcox Republican Not Voting
Dale Fowler Republican Nay
Dan McConchie Republican Not Voting
Dave Syverson Republican Not Voting
Donald P. DeWitte Republican Not Voting
Jason Plummer Republican Nay
Jil Tracy Republican Nay
John F. Curran Republican Not Voting
Neil Anderson Republican Not Voting
Steve McClure Republican Not Voting
Sue Rezin Republican Not Voting
Travis Weaver Republican Not Voting

Third Reading

Passed 82 Yea · 32 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 45202
Republican 61500
Unaffiliated 311501
Total 823203
% of votes cast 70%27%0%3%
How each member voted (117)
Member Party Vote
McDermed — Yea
Davis — Yea
Wehrli — Yea
Demmer — Yea
Welter — Yea
Durkin — Yea
Wheeler — Yea
Flowers — Yea
Willis — Yea
Pappas — Yea
Yingling — Yea
Zalewski — Yea
Ramirez — Yea
Madigan — Yea
Greenwood — Yea
Reitz — Nay
Bailey — Nay
Bennett — Nay
Skillicorn — Nay
Bourne — Nay
Brady — Nay
Bristow — Nay
Sommer — Nay
Butler — Nay
Caulkins — Nay
Unes — Nay
McSweeney — Nay
Frese — Nay
Yednock — Nay
Parkhurst — Nay
Marron — Not Voting
Robinson — Yea
Batinick — Yea
Harris — Yea
Hurley — Yea
Jones — Yea
Burke — Yea
Kalish — Yea
Carroll — Yea
Thapedi — Yea
Turner — Yea
Connor — Yea
Conroy — Yea
Mazzochi — Yea
D'Amico — Yea
Costa Howard — Yea
Williams, Jawaharial — Yea
Aarón M. Ortíz Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Celina Villanueva Democrat Yea
Curtis J. Tarver, II Democrat Yea
Daniel Didech Democrat Yea
Debbie Meyers-Martin Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Not Voting
Julie A. Morrison Democrat Nay
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Karina Villa Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura M. Murphy Democrat Nay
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lindsey LaPointe Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Mary Edly-Allen Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Not Voting
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Nay
Blaine Wilhour Republican Nay
Brad Halbrook Republican Nay
Brad Stephens Republican Yea
Charles Meier Republican Nay
Chris Miller Republican Nay
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Nay
Daniel J. Ugaste Republican Nay
Dave Severin Republican Nay
Jeff Keicher Republican Yea
Joe C. Sosnowski Republican Nay
John M. Cabello Republican Nay
Norine K. Hammond Republican Nay
Patrick Windhorst Republican Nay
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Nay
Tom Weber Republican Nay
Tony M. McCombie Republican Nay

Third Reading

Passed 39 Yea · 10 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 18305
Democrat 19001
Republican 2704
Total 3910010
% of votes cast 66%17%0%17%
How each member voted (59)
Member Party Vote
Link — Yea
Sandoval — Yea
Manar — Yea
Martinez — Yea
Barickman — Yea
Gillespie — Yea
Bennett — Yea
Steans — Yea
McGuire — Yea
Harris — Yea
Mulroe — Yea
Bush — Yea
Muñoz — Yea
Hutchinson — Yea
Crowe — Yea
Cullerton, T. — Yea
Cullerton — Yea
Schimpf — Nay
Stewart — Nay
Oberweis — Nay
Glowiak — Not Voting
Bertino-Tarrant — Not Voting
Brady — Not Voting
Landek — Not Voting
Righter — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Ram Villivalam Democrat Yea
Robert Peters Democrat Yea
Steve Stadelman Democrat Not Voting
Chapin Rose Republican Not Voting
Craig Wilcox Republican Nay
Dale Fowler Republican Yea
Dan McConchie Republican Not Voting
Dave Syverson Republican Nay
Donald P. DeWitte Republican Nay
Jason Plummer Republican Nay
Jil Tracy Republican Yea
John F. Curran Republican Not Voting
Neil Anderson Republican Not Voting
Steve McClure Republican Nay
Sue Rezin Republican Nay
Travis Weaver Republican Nay

Subjects

public-safety civil-rights labor
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Frequently asked questions

What does SB 177 do?
Amends the Motor Fuel Tax Law. Provides that no municipality, county, or road district that received motor fuel tax distributions totaling more than $1,000,000 in the previous State fiscal year shall receive a future distribution of motor fuel tax moneys unless that municipality, county, or road district implements a business enterprise program setting goals for the inclusion of minority, veteran, and female-owned businesses in the procurement of contracts. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall assist municipalities, counties, and road districts in implementing those programs. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Motor Fuel Tax Law. Provides that, for each fiscal year beginning on or after July 1, 2021, if a municipality, county, or road district received a motor fuel tax distribution totaling more than $1,000,000 in the previous fiscal year, then, in order to receive a distribution for the current fiscal year, that municipality, county, or road district must certify to the Department of Transportation that it has established a minority-owned, women-owned, and veteran-owned business enterprise program consistent with the rules and regulations of the Department of Central Management Services Business Enterprise Program. Provides that the municipality, county, or road district shall accept vendor certification from the State of Illinois, the County of Cook, and the City of Chicago. Provides that, if a Department of Central Management Services study does not support the establishment of a business enterprise program for any local municipality, county, or road district, the requirements shall not apply to that local municipality, county, or road district. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall assist municipalities, counties, and road districts in implementing business enterprise programs. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 20 ILCS 2705/2705-615 new Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 1 with the following changes: (1) provides that the Department of Central Management Services shall establish a model business enterprise program for the procurement of contracts by municipalities, counties, and road districts; (2) provides that program shall take into account the size, geographic location, and general procurement needs of the various municipalities, counties, and road districts of the State; (3) provides that no municipality, county, or road district that received motor fuel tax distributions totaling more than $1,000,000 in the previous State fiscal year shall receive a future distribution of motor fuel tax moneys unless that municipality, county, or road district establishes a minority-owned, women-owned, and veteran-owned business enterprise program that meets or exceeds the requirements of the model program established by the Department of Central Management Services (in Senate Amendment No. 1, the program must be consistent with the rules and regulations of the Department of Central Management Services Business Enterprise Program); and (4) removes provisions requiring the Department of Transportation to assist municipalities in implementing business enterprise programs. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 35 ILCS 505/8 Adds reference to: 30 ILCS 575/8c from Ch. 127, par. 132.608c Replaces everything after the enacting clause. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Makes a technical change in a Section concerning rules and regulations for the establishment and continuation of narrowly tailored sheltered markets. House Floor Amendment No. 2 Deletes reference to: 20 ILCS 2705/2705-615 new 30 ILCS 575/8c 35 ILCS 505/8 Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 30 ILCS 559/20-10 30 ILCS 559/20-15 30 ILCS 559/20-20 30 ILCS 559/20-25 20 ILCS 1505/1505-215 30 ILCS 575/2 30 ILCS 575/4 from Ch. 127, par. 132.604 30 ILCS 575/5 from Ch. 127, par. 132.605 30 ILCS 575/7 from Ch. 127, par. 132.607 720 ILCS 5/17-10.3 Replaces everything after the enacting clause. Amends the Administrative Procedure Act. Provides that emergency rules may be adopted to implement the Illinois Works Jobs Program Act. Amends the Illinois Works Jobs Program Act. Makes changes in provisions governing: definitions; the Illinois Works Preapprenticeship Program; the Illinois Works Bid Credit Program; the Illinois Works Apprenticeship Initiative; and the Illinois Works Review Panel. Amends the Department of Labor Law of the Civil Administrative Code. Deletes provisions creating the Advisory Board for Diversity in Active Apprenticeship Programs. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Changes the definition of "minority person". Provides that State contracts shall require that only expenditures to businesses owned by minorities, women, and persons with disabilities that perform a "commercially useful function" under federal law may be counted toward the goals set forth by the Act. Provides that, by December 1, 2022, the Department of Central Management Services Business Enterprise Program shall develop a model for social scientific disparity study sourcing for local governmental units to adapt and implement to address regional disparities in public procurement. Provides that funds collected as penalties under the Act shall be used exclusively for maintenance and further development of the Business Enterprise Program and encouragement of participation by minorities, women, and persons with disabilities in State procurement. Makes other changes concerning: State contracts; the Business Enterprise Council; exemptions; and waivers. Amends the Criminal Code of 2012. Provides that it shall be a Class 2 felony (rather than a Class 1 felony) to commit violations of the Act regarding deception relating to certification of disadvantaged business enterprises. Effective immediately, except that the changes to the Department of Labor Law of the Civil Administrative Code, the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, and the Criminal Code of 2012 are effective January 1, 2020. House Floor Amendment No. 4 Makes technical changes to the bill as amended by House Amendment No. 2.
Who sponsors SB 177?
SB 177 is sponsored by Napoleon Harris III (Democrat), Emil Jones, III (Democrat), Ram Villivalam (Democrat), Elgie R. Sims, Jr. (Democrat), William "Will" Davis (Democrat), Curtis J. Tarver, II (Democrat), Justin Slaughter (Democrat), Camille Y. Lilly (Democrat), and Lakesia Collins (Democrat).
What is the current status of SB 177?
This bill has been enacted into law. Introduced January 30, 2019. Enacted.
Where can I track SB 177?
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