Illinois 100th Regular Session Status: Enacted

SB 262 — MINORITY/WOMEN-OWNED BUSINESS

Last action — Public Act . . . . . . . . . 100-0391

Track this bill free

No card. One bill, free forever — alerts when it moves.

  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 24, 2017. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 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 Taxation Disclosure Act. Makes a technical change in a Section concerning the short title.

Bill Text

What changed in the latest version

4999 added · 5008 removed

Plain-language change summary

The bill SB 262 has been amended to introduce the Minority Contractor Opportunity Initiative, aiming to boost opportunities for minority-owned, women-owned, and small businesses in the state procurement process. This initiative will be managed by the State Comptroller, who will provide outreach, education, and notifications about contracting opportunities, as well as maintain an online database tracking contract awards. These changes matter because they create a supportive framework for underrepresented businesses to more effectively participate in state contracts, promoting economic inclusivity.

→
Previous
Latest
SB0262 Engrossed LRB100 05183 HLH 15193 b AN ACT concerning State government.
SB0262 Enrolled LRB100 05183 HLH 15193 b AN ACT concerning State government.
(iii) notification of minority-owned businesses, women-owned female-owned businesses, businesses owned by persons with SB0262 Engrossed - 2 - LRB100 05183 HLH 15193 b disabilities, and small businesses of State contracting opportunities;
(iii) notification of minority-owned businesses, women-owned female-owned businesses, businesses owned by persons with SB0262 Enrolled - 2 - LRB100 05183 HLH 15193 b disabilities, and small businesses of State contracting opportunities;
(ii) the percentage of the amounts that were paid to minority-owned businesses, women-owned female-owned businesses, businesses owned by SB0262 Engrossed - 3 - LRB100 05183 HLH 15193 b persons with disabilities, and small businesses;
(ii) the percentage of the amounts that were paid to minority-owned businesses, women-owned female-owned businesses, businesses owned by SB0262 Enrolled - 3 - LRB100 05183 HLH 15193 b persons with disabilities, and small businesses;
7-27-15.) (20 ILCS 605/605-525 rep.) SB0262 Engrossed - 4 - LRB100 05183 HLH 15193 b Section 10.
7-27-15.) (20 ILCS 605/605-525 rep.) SB0262 Enrolled - 4 - LRB100 05183 HLH 15193 b Section 10.
"Final offer" means the last proposal submitted by an offeror in response to the request for qualifications, including the identity of any prospective vendor or vendors that the offeror intends to initially engage to assist the offeror in performing its obligations under the management SB0262 Engrossed - 5 - LRB100 05183 HLH 15193 b agreement.
"Final offer" means the last proposal submitted by an offeror in response to the request for qualifications, including the identity of any prospective vendor or vendors that the offeror intends to initially engage to assist the offeror in performing its obligations under the management SB0262 Enrolled - 5 - LRB100 05183 HLH 15193 b agreement.
(2) upon the expiration of any initial term or renewal SB0262 Engrossed - 6 - LRB100 05183 HLH 15193 b term of the current Lottery contracts, the Department shall not renew such contract for a term extending beyond the mutually agreed timetable for transfer of functions;
(2) upon the expiration of any initial term or renewal SB0262 Enrolled - 6 - LRB100 05183 HLH 15193 b term of the current Lottery contracts, the Department shall not renew such contract for a term extending beyond the mutually agreed timetable for transfer of functions;
Department employees shall operate under the same employment policies, rules, regulations, and procedures, as other employees of the SB0262 Engrossed - 7 - LRB100 05183 HLH 15193 b Department.
Department employees shall operate under the same employment policies, rules, regulations, and procedures, as other employees of the SB0262 Enrolled - 7 - LRB100 05183 HLH 15193 b Department.
(3) A provision imposing an affirmative duty on the private manager to provide the Department with material information and with any information the private manager reasonably believes the Department would want to know to SB0262 Engrossed - 8 - LRB100 05183 HLH 15193 b enable the Department to conduct the Lottery.
(3) A provision imposing an affirmative duty on the private manager to provide the Department with material information and with any information the private manager reasonably believes the Department would want to know to SB0262 Enrolled - 8 - LRB100 05183 HLH 15193 b enable the Department to conduct the Lottery.
(8-5) A provision encouraging that at least 20% of the cost of contracts entered into for goods and services by the private manager in connection with its management of the Lottery, other than contracts with sales agents or SB0262 Engrossed - 9 - LRB100 05183 HLH 15193 b technical advisors, be awarded to businesses that are a minority-owned minority owned business, a women-owned female owned business, or a business owned by a person with disability, as those terms are defined in the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
(8-5) A provision encouraging that at least 20% of the cost of contracts entered into for goods and services by the private manager in connection with its management of the Lottery, other than contracts with sales agents or SB0262 Enrolled - 9 - LRB100 05183 HLH 15193 b technical advisors, be awarded to businesses that are a minority-owned minority owned business, a women-owned female owned business, or a business owned by a person with disability, as those terms are defined in the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
(F) A system for determining (i) the type of Lottery games, (ii) the method of selecting winning tickets, (iii) the manner of payment of prizes to holders of winning tickets, (iv) the frequency of SB0262 Engrossed - 10 - LRB100 05183 HLH 15193 b drawings of winning tickets, (v) the method to be used in selling tickets, (vi) a system for verifying the validity of tickets claimed to be winning tickets, (vii) the basis upon which retailer commissions are established by the manager, and (viii) minimum payouts.
(F) A system for determining (i) the type of Lottery games, (ii) the method of selecting winning tickets, (iii) the manner of payment of prizes to holders of winning tickets, (iv) the frequency of SB0262 Enrolled - 10 - LRB100 05183 HLH 15193 b drawings of winning tickets, (v) the method to be used in selling tickets, (vi) a system for verifying the validity of tickets claimed to be winning tickets, (vii) the basis upon which retailer commissions are established by the manager, and (viii) minimum payouts.
(14) A provision requiring the private manager to periodically file, at least on an annual basis, appropriate financial statements in a form and manner acceptable to the SB0262 Engrossed - 11 - LRB100 05183 HLH 15193 b Department.
(14) A provision requiring the private manager to periodically file, at least on an annual basis, appropriate financial statements in a form and manner acceptable to the SB0262 Enrolled - 11 - LRB100 05183 HLH 15193 b Department.
(21) Right of use of copyrights, trademarks, and service marks held by the Department in the name of the SB0262 Engrossed - 12 - LRB100 05183 HLH 15193 b State.
(21) Right of use of copyrights, trademarks, and service marks held by the Department in the name of the SB0262 Enrolled - 12 - LRB100 05183 HLH 15193 b State.
and (4) the offeror's poor or inadequate past performance in servicing, equipping, operating or managing a lottery on SB0262 Engrossed - 13 - LRB100 05183 HLH 15193 b behalf of Illinois, another State or foreign government and attracting persons who are not currently regular players of a lottery.
and (4) the offeror's poor or inadequate past performance in servicing, equipping, operating or managing a lottery on SB0262 Enrolled - 13 - LRB100 05183 HLH 15193 b behalf of Illinois, another State or foreign government and attracting persons who are not currently regular players of a lottery.
Any advisor retained by the Department shall be disqualified from being an SB0262 Engrossed - 14 - LRB100 05183 HLH 15193 b offeror.
Any advisor retained by the Department shall be disqualified from being an SB0262 Enrolled - 14 - LRB100 05183 HLH 15193 b offeror.
SB0262 Engrossed - 15 - LRB100 05183 HLH 15193 b (5) The address and telephone number of the Department.
SB0262 Enrolled - 15 - LRB100 05183 HLH 15193 b (5) The address and telephone number of the Department.
SB0262 Engrossed - 16 - LRB100 05183 HLH 15193 b (j) The Lottery shall remain, for so long as a private manager manages the Lottery in accordance with provisions of this Act, a Lottery conducted by the State, and the State shall not be authorized to sell or transfer the Lottery to a third party.
SB0262 Enrolled - 16 - LRB100 05183 HLH 15193 b (j) The Lottery shall remain, for so long as a private manager manages the Lottery in accordance with provisions of this Act, a Lottery conducted by the State, and the State shall not be authorized to sell or transfer the Lottery to a third party.
SB0262 Engrossed - 17 - LRB100 05183 HLH 15193 b (o) The powers conferred by this Section are in addition and supplemental to the powers conferred by any other law.
SB0262 Enrolled - 17 - LRB100 05183 HLH 15193 b (o) The powers conferred by this Section are in addition and supplemental to the powers conferred by any other law.
The Department shall provide a copy of the agreement or contract to the Chief Procurement Officer in the time specified by the SB0262 Engrossed - 18 - LRB100 05183 HLH 15193 b Chief Procurement Officer in his or her written request, but no later than 5 business days after the request is received by the Department.
The Department shall provide a copy of the agreement or contract to the Chief Procurement Officer in the time specified by the SB0262 Enrolled - 18 - LRB100 05183 HLH 15193 b Chief Procurement Officer in his or her written request, but no later than 5 business days after the request is received by the Department.
The Department, after the Chief Procurement Officer certifies that the procurement process has been followed in accordance with the rules adopted under this subsection (o), shall select a final offeror as the private manager and sign the management agreement with the private SB0262 Engrossed - 19 - LRB100 05183 HLH 15193 b manager.
The Department, after the Chief Procurement Officer certifies that the procurement process has been followed in accordance with the rules adopted under this subsection (o), shall select a final offeror as the private manager and sign the management agreement with the private SB0262 Enrolled - 19 - LRB100 05183 HLH 15193 b manager.
SB0262 Engrossed - 20 - LRB100 05183 HLH 15193 b (2) upon request of the Chief Procurement Officer, the Department shall promptly produce information related to the procurement activities of the Department and the private manager requested by the Chief Procurement Officer;
SB0262 Enrolled - 20 - LRB100 05183 HLH 15193 b (2) upon request of the Chief Procurement Officer, the Department shall promptly produce information related to the procurement activities of the Department and the private manager requested by the Chief Procurement Officer;
(a) To the extent permitted by any applicable federal law or regulation, all State construction projects funded from amounts (i) made available under the Governor's Fiscal Year SB0262 Engrossed - 21 - LRB100 05183 HLH 15193 b 2009 supplemental budget or the American Recovery and Reinvestment Act of 2009 and (ii) that are appropriated to the Illinois Department of Transportation shall comply with the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
(a) To the extent permitted by any applicable federal law or regulation, all State construction projects funded from amounts (i) made available under the Governor's Fiscal Year SB0262 Enrolled - 21 - LRB100 05183 HLH 15193 b 2009 supplemental budget or the American Recovery and Reinvestment Act of 2009 and (ii) that are appropriated to the Illinois Department of Transportation shall comply with the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
(0.5) Each fiscal year, the Department shall review any and all evidence of discrimination related to SB0262 Engrossed - 22 - LRB100 05183 HLH 15193 b transportation construction projects.
(0.5) Each fiscal year, the Department shall review any and all evidence of discrimination related to SB0262 Enrolled - 22 - LRB100 05183 HLH 15193 b transportation construction projects.
If after reviewing such evidence, the Department finds and the chief procurement officer concurs in the findings that the SB0262 Engrossed - 23 - LRB100 05183 HLH 15193 b Department has a strong basis in evidence that it has a compelling interest in remedying the identified discrimination against a specific group, race, or gender, and that the only remedy for such discrimination is a narrowly tailored target market, the chief procurement officer, in consultation with the Department, has the power to establish and implement a target market program tailored to address the specific findings of egregious discrimination made by the Department, after a public hearing at which minority, women female, and general contractor groups, community organizations, and other interested parties shall have the opportunity to provide comments.
If after reviewing such evidence, the Department finds and the chief procurement officer concurs in the findings that the SB0262 Enrolled - 23 - LRB100 05183 HLH 15193 b Department has a strong basis in evidence that it has a compelling interest in remedying the identified discrimination against a specific group, race, or gender, and that the only remedy for such discrimination is a narrowly tailored target market, the chief procurement officer, in consultation with the Department, has the power to establish and implement a target market program tailored to address the specific findings of egregious discrimination made by the Department, after a public hearing at which minority, women female, and general contractor groups, community organizations, and other interested parties shall have the opportunity to provide comments.
(2) The chief procurement officer shall work with the officers and divisions of the Department to determine the SB0262 Engrossed - 24 - LRB100 05183 HLH 15193 b appropriate designation of contracts as target market contracts.
(2) The chief procurement officer shall work with the officers and divisions of the Department to determine the SB0262 Enrolled - 24 - LRB100 05183 HLH 15193 b appropriate designation of contracts as target market contracts.
The Department, with the concurrence of the chief procurement officer, may develop guidelines to regulate the level of participation of individual minority-owned businesses and women-owned female-owned businesses in the SB0262 Engrossed - 25 - LRB100 05183 HLH 15193 b target market program in order to prevent the domination of the target market program by a small number of those entities.
The Department, with the concurrence of the chief procurement officer, may develop guidelines to regulate the level of participation of individual minority-owned businesses and women-owned female-owned businesses in the SB0262 Enrolled - 25 - LRB100 05183 HLH 15193 b target market program in order to prevent the domination of the target market program by a small number of those entities.
(6) If no satisfactory bid or response is received with SB0262 Engrossed - 26 - LRB100 05183 HLH 15193 b respect to a contract that has been designated as part of the target market program, the chief procurement officer, in consultation with the Department, may delete that contract from the target market program.
(6) If no satisfactory bid or response is received with SB0262 Enrolled - 26 - LRB100 05183 HLH 15193 b respect to a contract that has been designated as part of the target market program, the chief procurement officer, in consultation with the Department, may delete that contract from the target market program.
783b) SB0262 Engrossed - 27 - LRB100 05183 HLH 15193 b Sec.
783b) SB0262 Enrolled - 27 - LRB100 05183 HLH 15193 b Sec.
and (iv) the failure to comply with State law including, without limitation, the Business Enterprise for Minorities, Women Females, and SB0262 Engrossed - 28 - LRB100 05183 HLH 15193 b Persons with Disabilities Act, the prevailing wage requirements, and the Steel Products Procurement Act.
and (iv) the failure to comply with State law including, without limitation, the Business Enterprise for Minorities, Women Females, and SB0262 Enrolled - 28 - LRB100 05183 HLH 15193 b Persons with Disabilities Act, the prevailing wage requirements, and the Steel Products Procurement Act.
(2) The Authority shall establish and adopt standards and requirements for the use of health information and the SB0262 Engrossed - 29 - LRB100 05183 HLH 15193 b requirements for participation in the ILHIE by persons or entities including, but not limited to, health care providers, payors, and local health information exchanges.
(2) The Authority shall establish and adopt standards and requirements for the use of health information and the SB0262 Enrolled - 29 - LRB100 05183 HLH 15193 b requirements for participation in the ILHIE by persons or entities including, but not limited to, health care providers, payors, and local health information exchanges.
SB0262 Engrossed - 30 - LRB100 05183 HLH 15193 b (6) The Authority may appoint or designate an institutional review board in accordance with federal and State law to review and approve requests for research in order to ensure compliance with standards and patient privacy and security protections as specified in paragraph (3) of this Section.
SB0262 Enrolled - 30 - LRB100 05183 HLH 15193 b (6) The Authority may appoint or designate an institutional review board in accordance with federal and State law to review and approve requests for research in order to ensure compliance with standards and patient privacy and security protections as specified in paragraph (3) of this Section.
(10) The Authority may, under the direction of the SB0262 Engrossed - 31 - LRB100 05183 HLH 15193 b Executive Director, employ and discharge staff, including administrative, technical, expert, professional, and legal staff, as is necessary or convenient to carry out the purposes of this Act.
(10) The Authority may, under the direction of the SB0262 Enrolled - 31 - LRB100 05183 HLH 15193 b Executive Director, employ and discharge staff, including administrative, technical, expert, professional, and legal staff, as is necessary or convenient to carry out the purposes of this Act.
(12) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified SB0262 Engrossed - 32 - LRB100 05183 HLH 15193 b or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Authority due to its administration of the Illinois Health Information Exchange, shall be exempt from inspection and copying under the Freedom of Information Act.
(12) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified SB0262 Enrolled - 32 - LRB100 05183 HLH 15193 b or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Authority due to its administration of the Illinois Health Information Exchange, shall be exempt from inspection and copying under the Freedom of Information Act.
IGP shall be governed by a SB0262 Engrossed - 33 - LRB100 05183 HLH 15193 b board of directors.
IGP shall be governed by a SB0262 Enrolled - 33 - LRB100 05183 HLH 15193 b board of directors.
SB0262 Engrossed - 34 - LRB100 05183 HLH 15193 b No less than 90 days after a majority of the members of the board of directors of the IGP is appointed by the Governor, the board shall develop a policy adopted by resolution of the board stating the board's plan for the use of services provided by businesses owned by minorities, women females, and persons with disabilities, as defined under the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
SB0262 Enrolled - 34 - LRB100 05183 HLH 15193 b No less than 90 days after a majority of the members of the board of directors of the IGP is appointed by the Governor, the board shall develop a policy adopted by resolution of the board stating the board's plan for the use of services provided by businesses owned by minorities, women females, and persons with disabilities, as defined under the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
All moneys received by the Minority and Women Female Business Enterprise Council, or by the Department of Central Management Services on behalf of the Council or the Department's Minority and Female Business Enterprise for Minorities, Women, and Persons with Disabilities Division, SB0262 Engrossed - 35 - LRB100 05183 HLH 15193 b from grants, donations, seminar registration fees, and the sale of directories, lists and other such information, shall be deposited into the Minority and Female Business Enterprise Fund in the State treasury.
All moneys received by the Minority and Women Female Business Enterprise Council, or by the Department of Central Management Services on behalf of the Council or the Department's Minority and Female Business Enterprise for Minorities, Women, and Persons with Disabilities Division, SB0262 Enrolled - 35 - LRB100 05183 HLH 15193 b from grants, donations, seminar registration fees, and the sale of directories, lists and other such information, shall be deposited into the Minority and Female Business Enterprise Fund in the State treasury.
This Section, however, does not apply to any grant or loan (i) for which a grant or loan agreement was executed before the effective date of this amendatory Act of the 96th General Assembly, (ii) for which prior-incurred costs are being reimbursed, or (iii) for a federally funded program under which the requirement of this SB0262 Engrossed - 36 - LRB100 05183 HLH 15193 b Section would contravene federal law.
This Section, however, does not apply to any grant or loan (i) for which a grant or loan agreement was executed before the effective date of this amendatory Act of the 96th General Assembly, (ii) for which prior-incurred costs are being reimbursed, or (iii) for a federally funded program under which the requirement of this SB0262 Enrolled - 36 - LRB100 05183 HLH 15193 b Section would contravene federal law.
(a) An amount not to exceed 0.5 percent of the principal amount of the proceeds of sale of each bond sale is authorized to be used to pay the reasonable costs of issuance and sale, SB0262 Engrossed - 37 - LRB100 05183 HLH 15193 b including, without limitation, underwriter's discounts and fees, but excluding bond insurance, of State of Illinois general obligation bonds authorized and sold pursuant to this Act, provided that no salaries of State employees or other State office operating expenses shall be paid out of non-appropriated proceeds, provided further that the percent shall be 1.0% for each sale of "Build America Bonds" or "Qualified School Construction Bonds" as defined in subsections (d) and (e) of Section 9, respectively.
(a) An amount not to exceed 0.5 percent of the principal amount of the proceeds of sale of each bond sale is authorized to be used to pay the reasonable costs of issuance and sale, SB0262 Enrolled - 37 - LRB100 05183 HLH 15193 b including, without limitation, underwriter's discounts and fees, but excluding bond insurance, of State of Illinois general obligation bonds authorized and sold pursuant to this Act, provided that no salaries of State employees or other State office operating expenses shall be paid out of non-appropriated proceeds, provided further that the percent shall be 1.0% for each sale of "Build America Bonds" or "Qualified School Construction Bonds" as defined in subsections (d) and (e) of Section 9, respectively.
That posting shall be SB0262 Engrossed - 38 - LRB100 05183 HLH 15193 b maintained on the web site for a period of at least 30 days.
That posting shall be SB0262 Enrolled - 38 - LRB100 05183 HLH 15193 b maintained on the web site for a period of at least 30 days.
In the event that the Governor's Office of Management and Budget determines that an underwriter, financial advisor, SB0262 Engrossed - 39 - LRB100 05183 HLH 15193 b or attorney has filed a false certification with respect to the payment of contingent fees, the Governor's Office of Management and Budget shall not contract with that underwriter, financial advisor, or attorney, or with any firm employing any person who signed false certifications, for a period of 2 calendar years, beginning with the date the determination is made.
In the event that the Governor's Office of Management and Budget determines that an underwriter, financial advisor, SB0262 Enrolled - 39 - LRB100 05183 HLH 15193 b or attorney has filed a false certification with respect to the payment of contingent fees, the Governor's Office of Management and Budget shall not contract with that underwriter, financial advisor, or attorney, or with any firm employing any person who signed false certifications, for a period of 2 calendar years, beginning with the date the determination is made.
(a) An amount not to exceed 0.5% of the principal amount of the proceeds of the sale of each bond sale is authorized to be SB0262 Engrossed - 40 - LRB100 05183 HLH 15193 b used to pay reasonable costs of each issuance and sale of Bonds authorized and sold pursuant to this Act, including, without limitation, underwriter's discounts and fees, but excluding bond insurance, advertising, printing, bond rating, travel of outside vendors, security, delivery, legal and financial advisory services, initial fees of trustees, registrars, paying agents and other fiduciaries, initial costs of credit or liquidity enhancement arrangements, initial fees of indexing and remarketing agents, and initial costs of interest rate swaps, guarantees or arrangements to limit interest rate risk, as determined in the related Bond Sale Order, from the proceeds of each Bond sale, provided that no salaries of State employees or other State office operating expenses shall be paid out of non-appropriated proceeds, and provided further that the percent shall be 1.0% for each sale of "Build America Bonds" as defined in subsection (c) of Section 6.
(a) An amount not to exceed 0.5% of the principal amount of the proceeds of the sale of each bond sale is authorized to be SB0262 Enrolled - 40 - LRB100 05183 HLH 15193 b used to pay reasonable costs of each issuance and sale of Bonds authorized and sold pursuant to this Act, including, without limitation, underwriter's discounts and fees, but excluding bond insurance, advertising, printing, bond rating, travel of outside vendors, security, delivery, legal and financial advisory services, initial fees of trustees, registrars, paying agents and other fiduciaries, initial costs of credit or liquidity enhancement arrangements, initial fees of indexing and remarketing agents, and initial costs of interest rate swaps, guarantees or arrangements to limit interest rate risk, as determined in the related Bond Sale Order, from the proceeds of each Bond sale, provided that no salaries of State employees or other State office operating expenses shall be paid out of non-appropriated proceeds, and provided further that the percent shall be 1.0% for each sale of "Build America Bonds" as defined in subsection (c) of Section 6.
Show all 405 changed rows (365 more)
Previous
Latest
In addition, the Governor's Office of Management and Budget shall provide a written copy of each summary of costs to the Speaker and Minority Leader of the House of Representatives, the President and Minority Leader of the Senate, and the Commission on SB0262 Engrossed - 41 - LRB100 05183 HLH 15193 b Government Forecasting and Accountability within 20 business days after each issuance of the bonds.
In addition, the Governor's Office of Management and Budget shall provide a written copy of each summary of costs to the Speaker and Minority Leader of the House of Representatives, the President and Minority Leader of the Senate, and the Commission on SB0262 Enrolled - 41 - LRB100 05183 HLH 15193 b Government Forecasting and Accountability within 20 business days after each issuance of the bonds.
(b) The Director of the Governor's Office of Management and Budget shall not, in connection with the issuance of Bonds, contract with any underwriter, financial advisor, or attorney SB0262 Engrossed - 42 - LRB100 05183 HLH 15193 b unless that underwriter, financial advisor, or attorney certifies that the underwriter, financial advisor, or attorney has not and will not pay a contingent fee, whether directly or indirectly, to any third party for having promoted the selection of the underwriter, financial advisor, or attorney for that contract.
(b) The Director of the Governor's Office of Management and Budget shall not, in connection with the issuance of Bonds, contract with any underwriter, financial advisor, or attorney SB0262 Enrolled - 42 - LRB100 05183 HLH 15193 b unless that underwriter, financial advisor, or attorney certifies that the underwriter, financial advisor, or attorney has not and will not pay a contingent fee, whether directly or indirectly, to any third party for having promoted the selection of the underwriter, financial advisor, or attorney for that contract.
7-30-04.) SB0262 Engrossed - 43 - LRB100 05183 HLH 15193 b Section 55.
7-30-04.) SB0262 Enrolled - 43 - LRB100 05183 HLH 15193 b Section 55.
The applicable chief procurement officer may provide by rule an organized format for the publication of this information, but in any case it must include at least the date first offered, the date submission of offers is due, the location that offers are to be submitted to, the purchasing State agency, the responsible State purchasing officer, a brief purchase description, the method of source selection, information of how to obtain a comprehensive purchase description and any SB0262 Engrossed - 44 - LRB100 05183 HLH 15193 b disclosure and contract forms, and encouragement to potential contractors to hire qualified veterans, as defined by Section 45-67 of this Code, and qualified Illinois minorities, women, persons with disabilities, and residents discharged from any Illinois adult correctional center.
The applicable chief procurement officer may provide by rule an organized format for the publication of this information, but in any case it must include at least the date first offered, the date submission of offers is due, the location that offers are to be submitted to, the purchasing State agency, the responsible State purchasing officer, a brief purchase description, the method of source selection, information of how to obtain a comprehensive purchase description and any SB0262 Enrolled - 44 - LRB100 05183 HLH 15193 b disclosure and contract forms, and encouragement to potential contractors to hire qualified veterans, as defined by Section 45-67 of this Code, and qualified Illinois minorities, women, persons with disabilities, and residents discharged from any Illinois adult correctional center.
The applicable chief procurement officer may provide by rule an organized format for the publication of this information, but in any case it must include at least all of the information specified in subsection (a) as well as the name of the successful responsible bidder, offeror, the contract price, the number of unsuccessful bidders or offerors and any other disclosure specified in any Section SB0262 Engrossed - 45 - LRB100 05183 HLH 15193 b of this Code.
The applicable chief procurement officer may provide by rule an organized format for the publication of this information, but in any case it must include at least all of the information specified in subsection (a) as well as the name of the successful responsible bidder, offeror, the contract price, the number of unsuccessful bidders or offerors and any other disclosure specified in any Section SB0262 Enrolled - 45 - LRB100 05183 HLH 15193 b of this Code.
Each purchasing agency shall, with the assistance of the applicable chief procurement officer, post in the online electronic Bulletin a copy of its annual report of utilization of businesses owned by SB0262 Engrossed - 46 - LRB100 05183 HLH 15193 b minorities, women females, and persons with disabilities as submitted to the Business Enterprise Council for Minorities, Women Females, and Persons with Disabilities pursuant to Section 6(c) of the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act within 10 calendar days after its submission of its report to the Council.
Each purchasing agency shall, with the assistance of the applicable chief procurement officer, post in the online electronic Bulletin a copy of its annual report of utilization of businesses owned by SB0262 Enrolled - 46 - LRB100 05183 HLH 15193 b minorities, women females, and persons with disabilities as submitted to the Business Enterprise Council for Minorities, Women Females, and Persons with Disabilities pursuant to Section 6(c) of the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act within 10 calendar days after its submission of its report to the Council.
(e) The changes to subsections (b), (c), (c-5), (c-10), and (c-15) of this Section made by this amendatory Act of the 96th SB0262 Engrossed - 47 - LRB100 05183 HLH 15193 b General Assembly apply to reports submitted, offers made, and notices on contracts executed on or after its effective date.
(e) The changes to subsections (b), (c), (c-5), (c-10), and (c-15) of this Section made by this amendatory Act of the 96th SB0262 Enrolled - 47 - LRB100 05183 HLH 15193 b General Assembly apply to reports submitted, offers made, and notices on contracts executed on or after its effective date.
and SB0262 Engrossed - 48 - LRB100 05183 HLH 15193 b (5) general contract work.
and SB0262 Enrolled - 48 - LRB100 05183 HLH 15193 b (5) general contract work.
(iv) the Capital SB0262 Engrossed - 49 - LRB100 05183 HLH 15193 b Development Board shall submit a quarterly report to the Procurement Policy Board with information on the general scope, project budget, and established Business Enterprise Program goals for any single prime procurement bid in the previous 3 months with a total construction cost valued at $10,000,000 or less;
(iv) the Capital SB0262 Enrolled - 49 - LRB100 05183 HLH 15193 b Development Board shall submit a quarterly report to the Procurement Policy Board with information on the general scope, project budget, and established Business Enterprise Program goals for any single prime procurement bid in the previous 3 months with a total construction cost valued at $10,000,000 or less;
The notice shall include the reasons for using the single prime method and an explanation of why the use of that method is in the best SB0262 Engrossed - 50 - LRB100 05183 HLH 15193 b interest of the State.
The notice shall include the reasons for using the single prime method and an explanation of why the use of that method is in the best SB0262 Enrolled - 50 - LRB100 05183 HLH 15193 b interest of the State.
(2) heating, piping, refrigeration, and automatic temperature control systems, including the testing and SB0262 Engrossed - 51 - LRB100 05183 HLH 15193 b balancing of those systems;
(2) heating, piping, refrigeration, and automatic temperature control systems, including the testing and SB0262 Enrolled - 51 - LRB100 05183 HLH 15193 b balancing of those systems;
Each chief procurement officer has authority to designate as small business set-asides a fair SB0262 Engrossed - 52 - LRB100 05183 HLH 15193 b proportion of construction, supply, and service contracts for award to small businesses in Illinois.
Each chief procurement officer has authority to designate as small business set-asides a fair SB0262 Enrolled - 52 - LRB100 05183 HLH 15193 b proportion of construction, supply, and service contracts for award to small businesses in Illinois.
(3) No manufacturing business is a small business if it SB0262 Engrossed - 53 - LRB100 05183 HLH 15193 b employs more than 250 persons.
(3) No manufacturing business is a small business if it SB0262 Enrolled - 53 - LRB100 05183 HLH 15193 b employs more than 250 persons.
SB0262 Engrossed - 54 - LRB100 05183 HLH 15193 b (3) Examining requests from State agencies for the purchase of property or services to help determine which invitations to bid are to be designated small business set-asides.
SB0262 Enrolled - 54 - LRB100 05183 HLH 15193 b (3) Examining requests from State agencies for the purchase of property or services to help determine which invitations to bid are to be designated small business set-asides.
SB0262 Engrossed - 55 - LRB100 05183 HLH 15193 b (Source:
SB0262 Enrolled - 55 - LRB100 05183 HLH 15193 b (Source:
(1) The total number of VOSB, and the number of SDVOSB, SB0262 Engrossed - 56 - LRB100 05183 HLH 15193 b who submitted bids for contracts under this Code.
(1) The total number of VOSB, and the number of SDVOSB, SB0262 Enrolled - 56 - LRB100 05183 HLH 15193 b who submitted bids for contracts under this Code.
Service in the Merchant Marine that constitutes active duty under Section SB0262 Engrossed - 57 - LRB100 05183 HLH 15193 b 401 of federal Public Act 95-202 shall also be considered service in the armed forces for purposes of this Section.
Service in the Merchant Marine that constitutes active duty under Section SB0262 Enrolled - 57 - LRB100 05183 HLH 15193 b 401 of federal Public Act 95-202 shall also be considered service in the armed forces for purposes of this Section.
Control shall include the power to direct or cause the direction of the SB0262 Engrossed - 58 - LRB100 05183 HLH 15193 b 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 include the power to direct or cause the direction of the SB0262 Enrolled - 58 - LRB100 05183 HLH 15193 b 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.
and (iii) for which items (i) and (ii) are factually verified annually by the Department of SB0262 Engrossed - 59 - LRB100 05183 HLH 15193 b Central Management Services.
and (iii) for which items (i) and (ii) are factually verified annually by the Department of SB0262 Enrolled - 59 - LRB100 05183 HLH 15193 b Central Management Services.
"Veteran" means a person who (i) has been a member of the armed forces of the United States or, while a citizen of the SB0262 Engrossed - 60 - LRB100 05183 HLH 15193 b United States, was a member of the armed forces of allies of the United States in time of hostilities with a foreign country and (ii) has served under one or more of the following conditions:
"Veteran" means a person who (i) has been a member of the armed forces of the United States or, while a citizen of the SB0262 Enrolled - 60 - LRB100 05183 HLH 15193 b United States, was a member of the armed forces of allies of the United States in time of hostilities with a foreign country and (ii) has served under one or more of the following conditions:
The chief procurement officers appointed pursuant to Section 10-20 shall suspend any person who commits a violation of Section 17-10.3 or subsection (d) of Section 33E-6 of the Criminal Code of 2012 relating to this Section from bidding on, or participating as a contractor, subcontractor, or supplier in, any State contract or project for a period of not less than 3 years, and, if the person is certified as a service-disabled veteran-owned small business or a SB0262 Engrossed - 61 - LRB100 05183 HLH 15193 b veteran-owned small business, then the Department shall revoke the business's certification for a period of not less than 3 years.
The chief procurement officers appointed pursuant to Section 10-20 shall suspend any person who commits a violation of Section 17-10.3 or subsection (d) of Section 33E-6 of the Criminal Code of 2012 relating to this Section from bidding on, or participating as a contractor, subcontractor, or supplier in, any State contract or project for a period of not less than 3 years, and, if the person is certified as a service-disabled veteran-owned small business or a SB0262 Enrolled - 61 - LRB100 05183 HLH 15193 b veteran-owned small business, then the Department shall revoke the business's certification for a period of not less than 3 years.
During the period of a SB0262 Engrossed - 62 - LRB100 05183 HLH 15193 b person's suspension under paragraph (1) of this subsection, a State agency shall not enter into any contract with that person or with any contractor using the services of that person as a subcontractor.
During the period of a SB0262 Enrolled - 62 - LRB100 05183 HLH 15193 b person's suspension under paragraph (1) of this subsection, a State agency shall not enter into any contract with that person or with any contractor using the services of that person as a subcontractor.
1-1-05.) SB0262 Engrossed - 63 - LRB100 05183 HLH 15193 b Section 60.
1-1-05.) SB0262 Enrolled - 63 - LRB100 05183 HLH 15193 b Section 60.
SB0262 Engrossed - 64 - LRB100 05183 HLH 15193 b (1) The probability that the design-build procurement method will be in the best interests of the State by providing a material savings of time or cost over the design-bid-build or other delivery system.
SB0262 Enrolled - 64 - LRB100 05183 HLH 15193 b (1) The probability that the design-build procurement method will be in the best interests of the State by providing a material savings of time or cost over the design-bid-build or other delivery system.
(a) When the State construction agency elects to use the SB0262 Engrossed - 65 - LRB100 05183 HLH 15193 b design-build delivery method, it must issue a notice of intent to receive requests for proposals for the project at least 14 days before issuing the request for the proposal.
(a) When the State construction agency elects to use the SB0262 Enrolled - 65 - LRB100 05183 HLH 15193 b design-build delivery method, it must issue a notice of intent to receive requests for proposals for the project at least 14 days before issuing the request for the proposal.
The State construction agency shall include, at a minimum, its normal prequalification, licensing, registration, and other requirements, but nothing contained herein precludes the use of additional prequalification criteria by the State SB0262 Engrossed - 66 - LRB100 05183 HLH 15193 b construction agency.
The State construction agency shall include, at a minimum, its normal prequalification, licensing, registration, and other requirements, but nothing contained herein precludes the use of additional prequalification criteria by the State SB0262 Enrolled - 66 - LRB100 05183 HLH 15193 b construction agency.
The State construction agency shall include in the request for proposal a minimum of 30 days to develop the Phase II submissions after the selection of entities from the SB0262 Engrossed - 67 - LRB100 05183 HLH 15193 b Phase I evaluation is completed.
The State construction agency shall include in the request for proposal a minimum of 30 days to develop the Phase II submissions after the selection of entities from the SB0262 Enrolled - 67 - LRB100 05183 HLH 15193 b Phase I evaluation is completed.
(5) experience with similarly SB0262 Engrossed - 68 - LRB100 05183 HLH 15193 b sized projects;
(5) experience with similarly SB0262 Enrolled - 68 - LRB100 05183 HLH 15193 b sized projects;
Upon completion of the qualifications evaluation, the SB0262 Engrossed - 69 - LRB100 05183 HLH 15193 b State construction agency shall create a shortlist of the most highly qualified design-build entities.
Upon completion of the qualifications evaluation, the SB0262 Enrolled - 69 - LRB100 05183 HLH 15193 b State construction agency shall create a shortlist of the most highly qualified design-build entities.
The State construction agency shall include the following criteria in every Phase II technical evaluation of design-build SB0262 Engrossed - 70 - LRB100 05183 HLH 15193 b entities:
The State construction agency shall include the following criteria in every Phase II technical evaluation of design-build SB0262 Enrolled - 70 - LRB100 05183 HLH 15193 b entities:
6-30-09.) SB0262 Engrossed - 71 - LRB100 05183 HLH 15193 b (30 ILCS 537/46) (Section scheduled to be repealed on July 1, 2019) Sec.
6-30-09.) SB0262 Enrolled - 71 - LRB100 05183 HLH 15193 b (30 ILCS 537/46) (Section scheduled to be repealed on July 1, 2019) Sec.
SB0262 Engrossed - 72 - LRB100 05183 HLH 15193 b (30 ILCS 571/25) Sec.
SB0262 Enrolled - 72 - LRB100 05183 HLH 15193 b (30 ILCS 571/25) Sec.
SB0262 Engrossed - 73 - LRB100 05183 HLH 15193 b (Source:
SB0262 Enrolled - 73 - LRB100 05183 HLH 15193 b (Source:
This Act may be cited as the Business Enterprise for Minorities, Women Females, and Persons SB0262 Engrossed - 74 - LRB100 05183 HLH 15193 b with Disabilities Act.
This Act may be cited as the Business Enterprise for Minorities, Women Females, and Persons SB0262 Enrolled - 74 - LRB100 05183 HLH 15193 b with Disabilities Act.
Furthermore, after reviewing evidence of the high level of attainment of the 10% minimum goals established under this Act, and, after considering evidence that minority and women female businesses, as established in 1982, constituted and continue to constitute more than 10% of the businesses operating in this State, the State declares that the continuation of such 10% minimum goals under this amendatory Act of 1989 is a narrowly SB0262 Engrossed - 75 - LRB100 05183 HLH 15193 b tailored means of promoting open access and thus the further growth and development of minority and women female businesses.
Furthermore, after reviewing evidence of the high level of attainment of the 10% minimum goals established under this Act, and, after considering evidence that minority and women female businesses, as established in 1982, constituted and continue to constitute more than 10% of the businesses operating in this State, the State declares that the continuation of such 10% minimum goals under this amendatory Act of 1989 is a narrowly SB0262 Enrolled - 75 - LRB100 05183 HLH 15193 b tailored means of promoting open access and thus the further growth and development of minority and women female businesses.
(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, SB0262 Engrossed - 76 - LRB100 05183 HLH 15193 b Pakistan, the Philippine Islands, Thailand, and Vietnam).
(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, SB0262 Enrolled - 76 - LRB100 05183 HLH 15193 b Pakistan, the Philippine Islands, Thailand, and Vietnam).
amputation, arthritis, autism, blindness, SB0262 Engrossed - 77 - LRB100 05183 HLH 15193 b burn injury, cancer, cerebral palsy, Crohn's disease, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, an intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders, including stroke and epilepsy, paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, ulcerative colitis, specific learning disabilities, or end stage renal failure disease;
amputation, arthritis, autism, blindness, SB0262 Enrolled - 77 - LRB100 05183 HLH 15193 b burn injury, cancer, cerebral palsy, Crohn's disease, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, an intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders, including stroke and epilepsy, paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, ulcerative colitis, specific learning disabilities, or end stage renal failure disease;
SB0262 Engrossed - 78 - LRB100 05183 HLH 15193 b Another disability or combination of disabilities may also be considered as a severe disability for the purposes of item (a) of this subdivision (2.1) if it is determined by an evaluation of rehabilitation potential to cause a comparable degree of substantial functional limitation similar to the specific list of disabilities listed in item (a) of this subdivision (2.1).
SB0262 Enrolled - 78 - LRB100 05183 HLH 15193 b Another disability or combination of disabilities may also be considered as a severe disability for the purposes of item (a) of this subdivision (2.1) if it is determined by an evaluation of rehabilitation potential to cause a comparable degree of substantial functional limitation similar to the specific list of disabilities listed in item (a) of this subdivision (2.1).
A SB0262 Engrossed - 79 - LRB100 05183 HLH 15193 b 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".
A SB0262 Enrolled - 79 - LRB100 05183 HLH 15193 b 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".
(6) "State agencies" shall mean all departments, officers, boards, commissions, institutions and bodies SB0262 Engrossed - 80 - LRB100 05183 HLH 15193 b politic and corporate of the State, but does not include the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, municipalities or other local governmental units, or other State constitutional officers.
(6) "State agencies" shall mean all departments, officers, boards, commissions, institutions and bodies SB0262 Enrolled - 80 - LRB100 05183 HLH 15193 b politic and corporate of the State, but does not include the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, municipalities or other local governmental units, or other State constitutional officers.
(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 SB0262 Engrossed - 81 - LRB100 05183 HLH 15193 b entity is a business owned by a minority, woman female, or person with a disability for whatever purpose.
(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 SB0262 Enrolled - 81 - LRB100 05183 HLH 15193 b entity is a business owned by a minority, woman female, or person with a disability for whatever purpose.
(10) "Business" means a business that has annual gross sales of less than $75,000,000 as evidenced by the federal SB0262 Engrossed - 82 - LRB100 05183 HLH 15193 b income tax return of the business.
(10) "Business" means a business that has annual gross sales of less than $75,000,000 as evidenced by the federal SB0262 Enrolled - 82 - LRB100 05183 HLH 15193 b income tax return of the business.
If 2 or more classes have SB0262 Engrossed - 83 - LRB100 05183 HLH 15193 b equal ownership interests, the certification category shall be determined by the business.
If 2 or more classes have SB0262 Enrolled - 83 - LRB100 05183 HLH 15193 b equal ownership interests, the certification category shall be determined by the business.
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 SB0262 Engrossed - 84 - LRB100 05183 HLH 15193 b contracts.
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 SB0262 Enrolled - 84 - LRB100 05183 HLH 15193 b contracts.
For purposes of this subsection, the term "games" has the meaning set forth in the Olympic Games and Paralympic SB0262 Engrossed - 85 - LRB100 05183 HLH 15193 b Games (2016) Law.
For purposes of this subsection, the term "games" has the meaning set forth in the Olympic Games and Paralympic SB0262 Enrolled - 85 - LRB100 05183 HLH 15193 b Games (2016) Law.
The deficiency in the bid or proposal may only be cured by contracting with additional subcontractors who are owned by minorities or women females, but in no case shall an identified subcontractor with a certification made pursuant to this Act be terminated from the contract without the written consent of the State agency or SB0262 Engrossed - 86 - LRB100 05183 HLH 15193 b public institution of higher education entering into the contract.
The deficiency in the bid or proposal may only be cured by contracting with additional subcontractors who are owned by minorities or women females, but in no case shall an identified subcontractor with a certification made pursuant to this Act be terminated from the contract without the written consent of the State agency or SB0262 Enrolled - 86 - LRB100 05183 HLH 15193 b public institution of higher education entering into the contract.
(f) Non-construction solicitations that include Business Enterprise Program participation goals shall include the utilization plan in the solicitation.
(f) Non-construction solicitations that include Business Enterprise Program participation goals shall require bidders and offerors to include utilization plans.
Furthermore, each State agency and public institution of higher education shall utilize such firms to the greatest extent feasible within the bounds of financial and fiduciary prudence, and take affirmative steps to remove any SB0262 Engrossed - 87 - LRB100 05183 HLH 15193 b barriers to the full participation of such firms in the procurement and contracting opportunities afforded.
Furthermore, each State agency and public institution of higher education shall utilize such firms to the greatest extent feasible within the bounds of financial and fiduciary prudence, and take affirmative steps to remove any SB0262 Enrolled - 87 - LRB100 05183 HLH 15193 b barriers to the full participation of such firms in the procurement and contracting opportunities afforded.
(c) When a State agency or public institution of higher education, other than a community college, awards contracts for information technology services, accounting services, architectural and engineering services, and legal services, for each State agency and public SB0262 Engrossed - 88 - LRB100 05183 HLH 15193 b institution of higher education, it shall be the aspirational goal to use such firms owned by minorities, women females, and persons with disabilities as defined by this Act and lawyers who are minorities, women females, and persons with disabilities as defined by this Act, for not less than 20% of the total dollar amount of State contracts.
(c) When a State agency or public institution of higher education, other than a community college, awards contracts for information technology services, accounting services, architectural and engineering services, and legal services, for each State agency and public SB0262 Enrolled - 88 - LRB100 05183 HLH 15193 b institution of higher education, it shall be the aspirational goal to use such firms owned by minorities, women females, and persons with disabilities as defined by this Act and lawyers who are minorities, women females, and persons with disabilities as defined by this Act, for not less than 20% of the total dollar amount of State contracts.
"Accounting services" means the measurement, processing and communication of financial information about economic entities including, but is not limited to, financial accounting, management accounting, auditing, SB0262 Engrossed - 89 - LRB100 05183 HLH 15193 b cost containment and auditing services, taxation and accounting information systems.
"Accounting services" means the measurement, processing and communication of financial information about economic entities including, but is not limited to, financial accounting, management accounting, auditing, SB0262 Enrolled - 89 - LRB100 05183 HLH 15193 b cost containment and auditing services, taxation and accounting information systems.
"Insurance broker" means an insurance brokerage firm, claims administrator, or both, that procures, places all lines of insurance, or administers claims with annual SB0262 Engrossed - 90 - LRB100 05183 HLH 15193 b premiums or fees of at least $5,000,000 but not more than $10,000,000.
"Insurance broker" means an insurance brokerage firm, claims administrator, or both, that procures, places all lines of insurance, or administers claims with annual SB0262 Enrolled - 90 - LRB100 05183 HLH 15193 b premiums or fees of at least $5,000,000 but not more than $10,000,000.
(i) identify the service firms used by each State agency and public institution of higher education, (ii) identify the actions it has undertaken to increase the use of service firms owned by minorities, women females, and persons with disabilities, including encouraging non-minority-owned non-minority owned firms to use other service firms owned by minorities, women females, and persons with disabilities as subcontractors when the opportunities arise, (iii) state any recommendations made by the Council to each State agency and public institution of higher education to increase participation by the use of service firms owned by minorities, women females, and persons SB0262 Engrossed - 91 - LRB100 05183 HLH 15193 b with disabilities, and (iv) include the following:
(i) identify the service firms used by each State agency and public institution of higher education, (ii) identify the actions it has undertaken to increase the use of service firms owned by minorities, women females, and persons with disabilities, including encouraging non-minority-owned non-minority owned firms to use other service firms owned by minorities, women females, and persons with disabilities as subcontractors when the opportunities arise, (iii) state any recommendations made by the Council to each State agency and public institution of higher education to increase participation by the use of service firms owned by minorities, women females, and persons SB0262 Enrolled - 91 - LRB100 05183 HLH 15193 b with disabilities, and (iv) include the following:
(C) The names of service firms, the percentage and total dollar amount paid for professional services by category by each State agency and public institution of SB0262 Engrossed - 92 - LRB100 05183 HLH 15193 b higher education.
(C) The names of service firms, the percentage and total dollar amount paid for professional services by category by each State agency and public institution of SB0262 Enrolled - 92 - LRB100 05183 HLH 15193 b higher education.
(i) the name of the community colleges in the district, (ii) the name and contact information of a person at each community college appointed to be the single point of contact for vendors owned by minorities, women females, or persons with disabilities, (iii) the policy of the community college district concerning certified vendors, (iv) the certifications recognized by the community college district for determining whether a business is owned or controlled by a minority, woman female, or person with a disability, (v) outreach efforts conducted by the community college district to increase the use of certified vendors, (vi) the total expenditures by the community college district in the prior fiscal year in the divisions of work specified in SB0262 Engrossed - 93 - LRB100 05183 HLH 15193 b paragraphs (a), (b), and (c) of subsection (1) of this Section and the amount paid to certified vendors in those divisions of work, and (vii) the total number of contracts entered into for the divisions of work specified in paragraphs (a), (b), and (c) of subsection (1) of this Section and the total number of contracts awarded to certified vendors providing these services to the community college district.
(i) the name of the community colleges in the district, (ii) the name and contact information of a person at each community college appointed to be the single point of contact for vendors owned by minorities, women females, or persons with disabilities, (iii) the policy of the community college district concerning certified vendors, (iv) the certifications recognized by the community college district for determining whether a business is owned or controlled by a minority, woman female, or person with a disability, (v) outreach efforts conducted by the community college district to increase the use of certified vendors, (vi) the total expenditures by the community college district in the prior fiscal year in the divisions of work specified in SB0262 Enrolled - 93 - LRB100 05183 HLH 15193 b paragraphs (a), (b), and (c) of subsection (1) of this Section and the amount paid to certified vendors in those divisions of work, and (vii) the total number of contracts entered into for the divisions of work specified in paragraphs (a), (b), and (c) of subsection (1) of this Section and the total number of contracts awarded to certified vendors providing these services to the community college district.
If after SB0262 Engrossed - 94 - LRB100 05183 HLH 15193 b reviewing such evidence the Council finds that there is or has been such discrimination against a specific group, race or sex, the Council shall establish sheltered markets or adjust existing sheltered markets tailored to address the Council's specific findings for the divisions of work specified in paragraphs (a), (b), and (c) of subsection (1) of this Section.
If after SB0262 Enrolled - 94 - LRB100 05183 HLH 15193 b reviewing such evidence the Council finds that there is or has been such discrimination against a specific group, race or sex, the Council shall establish sheltered markets or adjust existing sheltered markets tailored to address the Council's specific findings for the divisions of work specified in paragraphs (a), (b), and (c) of subsection (1) of this Section.
These members shall serve 2 year terms and shall be eligible for SB0262 Engrossed - 95 - LRB100 05183 HLH 15193 b reappointment.
These members shall serve 2 year terms and shall be eligible for SB0262 Enrolled - 95 - LRB100 05183 HLH 15193 b reappointment.
(b) Maintain a list of all businesses legitimately SB0262 Engrossed - 96 - LRB100 05183 HLH 15193 b classified as businesses owned by minorities, women females, or persons with disabilities to provide to State agencies and public institutions of higher education.
(b) Maintain a list of all businesses legitimately SB0262 Enrolled - 96 - LRB100 05183 HLH 15193 b classified as businesses owned by minorities, women females, or persons with disabilities to provide to State agencies and public institutions of higher education.
(3) No premium bond rate of a surety company for a bond required of a business owned by a minority, woman female, or person with a disability bidding for a State contract shall be higher than the lowest rate charged by that surety company for SB0262 Engrossed - 97 - LRB100 05183 HLH 15193 b a similar bond in the same classification of work that would be written for a business not owned by a minority, woman female, or person with a disability.
(3) No premium bond rate of a surety company for a bond required of a business owned by a minority, woman female, or person with a disability bidding for a State contract shall be higher than the lowest rate charged by that surety company for SB0262 Enrolled - 97 - LRB100 05183 HLH 15193 b a similar bond in the same classification of work that would be written for a business not owned by a minority, woman female, or person with a disability.
SB0262 Engrossed - 98 - LRB100 05183 HLH 15193 b (d) To devise appropriate policies, regulations and procedures for including participation by businesses owned by minorities, women females, and persons with disabilities as prime contractors including, but not limited to, (i) encouraging the inclusions of qualified businesses owned by minorities, women females, 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.
SB0262 Enrolled - 98 - LRB100 05183 HLH 15193 b (d) To devise appropriate policies, regulations and procedures for including participation by businesses owned by minorities, women females, and persons with disabilities as prime contractors including, but not limited to, (i) encouraging the inclusions of qualified businesses owned by minorities, women females, 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.
132.606) (Section scheduled to be repealed on June 30, 2020) SB0262 Engrossed - 99 - LRB100 05183 HLH 15193 b Sec.
132.606) (Section scheduled to be repealed on June 30, 2020) SB0262 Enrolled - 99 - LRB100 05183 HLH 15193 b Sec.
(a) The compliance plan shall also include, but not be limited to, (1) a policy statement, signed by the State agency or public institution of higher education head, expressing a commitment to encourage the use of businesses owned by minorities, women females, and persons with disabilities, (2) the designation of the liaison officer provided for in Section 5 of this Act, (3) procedures to distribute to potential contractors and vendors the list of all businesses legitimately classified as businesses owned by minorities, women females, and persons with disabilities and so certified under this Act, (4) procedures to set separate contract goals on specific prime contracts and purchase orders with subcontracting possibilities based upon the type of work or services and SB0262 Engrossed - 100 - LRB100 05183 HLH 15193 b subcontractor availability, (5) procedures to assure that contractors and vendors make good faith efforts to meet contract goals, (6) procedures for contract goal exemption, modification and waiver, and (7) the delineation of separate contract goals for businesses owned by minorities, women females, and persons with disabilities.
(a) The compliance plan shall also include, but not be limited to, (1) a policy statement, signed by the State agency or public institution of higher education head, expressing a commitment to encourage the use of businesses owned by minorities, women females, and persons with disabilities, (2) the designation of the liaison officer provided for in Section 5 of this Act, (3) procedures to distribute to potential contractors and vendors the list of all businesses legitimately classified as businesses owned by minorities, women females, and persons with disabilities and so certified under this Act, (4) procedures to set separate contract goals on specific prime contracts and purchase orders with subcontracting possibilities based upon the type of work or services and SB0262 Enrolled - 100 - LRB100 05183 HLH 15193 b subcontractor availability, (5) procedures to assure that contractors and vendors make good faith efforts to meet contract goals, (6) procedures for contract goal exemption, modification and waiver, and (7) the delineation of separate contract goals for businesses owned by minorities, women females, and persons with disabilities.
(d) Notwithstanding any provisions to the contrary in this Act, any State agency or public institution of higher education which administers a construction program, for which federal law SB0262 Engrossed - 101 - LRB100 05183 HLH 15193 b or regulations establish standards and procedures for the utilization of minority-owned and women-owned businesses and disadvantaged businesses minority, disadvantaged, and female-owned business, shall implement a disadvantaged business enterprise program to include minority-owned and women-owned businesses and disadvantaged businesses minority, disadvantaged and female-owned businesses, using the federal standards and procedures for the establishment of goals and utilization procedures for the State-funded, as well as the federally assisted, portions of the program.
(d) Notwithstanding any provisions to the contrary in this Act, any State agency or public institution of higher education which administers a construction program, for which federal law SB0262 Enrolled - 101 - LRB100 05183 HLH 15193 b or regulations establish standards and procedures for the utilization of minority-owned and women-owned businesses and disadvantaged businesses minority, disadvantaged, and female-owned business, shall implement a disadvantaged business enterprise program to include minority-owned and women-owned businesses and disadvantaged businesses minority, disadvantaged and female-owned businesses, using the federal standards and procedures for the establishment of goals and utilization procedures for the State-funded, as well as the federally assisted, portions of the program.
Except in case of emergency as defined in the Illinois Procurement Code, or as SB0262 Engrossed - 102 - LRB100 05183 HLH 15193 b authorized by rule promulgated by the Department of Central Management Services, each agency and public institution of higher education under the jurisdiction of this Act shall notify the Secretary of the Council of proposed contracts for professional and artistic services and provide the information in the form and detail as required by rule promulgated by the Department of Central Management Services.
Except in case of emergency as defined in the Illinois Procurement Code, or as SB0262 Enrolled - 102 - LRB100 05183 HLH 15193 b authorized by rule promulgated by the Department of Central Management Services, each agency and public institution of higher education under the jurisdiction of this Act shall notify the Secretary of the Council of proposed contracts for professional and artistic services and provide the information in the form and detail as required by rule promulgated by the Department of Central Management Services.
SB0262 Engrossed - 103 - LRB100 05183 HLH 15193 b (1) Individual contract exemptions.
SB0262 Enrolled - 103 - LRB100 05183 HLH 15193 b (1) Individual contract exemptions.
The Council, on its own initiative or at the request of the affected agency or public institution of higher education, may permit an entire class of contracts be made exempt from State contracting goals for businesses owned by minorities, women females, and persons with disabilities whenever there has been a determination, reduced to writing and based on the best information SB0262 Engrossed - 104 - LRB100 05183 HLH 15193 b available at the time of the determination, that there is an insufficient number of qualified businesses owned by minorities, women females, and persons with disabilities to ensure adequate competition and an expectation of reasonable prices on bids or proposals within that class.
The Council, on its own initiative or at the request of the affected agency or public institution of higher education, may permit an entire class of contracts be made exempt from State contracting goals for businesses owned by minorities, women females, and persons with disabilities whenever there has been a determination, reduced to writing and based on the best information SB0262 Enrolled - 104 - LRB100 05183 HLH 15193 b available at the time of the determination, that there is an insufficient number of qualified businesses owned by minorities, women females, and persons with disabilities to ensure adequate competition and an expectation of reasonable prices on bids or proposals within that class.
(5) Each chief procurement officer, as defined in the Illinois Procurement Code, shall maintain on his or her official Internet website a database of waivers granted under this Section with respect to contracts under his or her SB0262 Engrossed - 105 - LRB100 05183 HLH 15193 b jurisdiction.
(5) Each chief procurement officer, as defined in the Illinois Procurement Code, shall maintain on his or her official Internet website a database of waivers granted under this Section with respect to contracts under his or her SB0262 Enrolled - 105 - LRB100 05183 HLH 15193 b jurisdiction.
(1) The Council shall make such findings, recommendations and proposals to the Governor as are necessary and appropriate SB0262 Engrossed - 106 - LRB100 05183 HLH 15193 b to enforce this Act.
(1) The Council shall make such findings, recommendations and proposals to the Governor as are necessary and appropriate SB0262 Enrolled - 106 - LRB100 05183 HLH 15193 b to enforce this Act.
(b) If the Council concludes that a compliance plan submitted under Section 6 is unlikely to produce the participation goals for businesses owned by minorities, women females, and persons with disabilities within the then current fiscal year, the Council may recommend that the State agency or public institution of higher education revise its plan to provide additional opportunities for SB0262 Engrossed - 107 - LRB100 05183 HLH 15193 b participation by businesses owned by minorities, women females, and persons with disabilities.
(b) If the Council concludes that a compliance plan submitted under Section 6 is unlikely to produce the participation goals for businesses owned by minorities, women females, and persons with disabilities within the then current fiscal year, the Council may recommend that the State agency or public institution of higher education revise its plan to provide additional opportunities for SB0262 Enrolled - 107 - LRB100 05183 HLH 15193 b participation by businesses owned by minorities, women females, and persons with disabilities.
(v) implementation of those regulations established for the use of the sheltered market SB0262 Engrossed - 108 - LRB100 05183 HLH 15193 b process.
(v) implementation of those regulations established for the use of the sheltered market SB0262 Enrolled - 108 - LRB100 05183 HLH 15193 b process.
Any contract awarded to a business owned by a minority, woman female, or SB0262 Engrossed - 109 - LRB100 05183 HLH 15193 b person with a disability pursuant to this Act may contain a provision for advance or progress payments, or both, except that a State construction contract awarded to a minority-owned minority or women-owned female owned business pursuant to this Act may contain a provision for progress payments but may not contain a provision for advance payments.
Any contract awarded to a business owned by a minority, woman female, or SB0262 Enrolled - 109 - LRB100 05183 HLH 15193 b person with a disability pursuant to this Act may contain a provision for advance or progress payments, or both, except that a State construction contract awarded to a minority-owned minority or women-owned female owned business pursuant to this Act may contain a provision for progress payments but may not contain a provision for advance payments.
"Sheltered market" shall mean a procurement procedure whereby certain contracts are selected and specifically set aside for businesses owned by minorities, women females, and SB0262 Engrossed - 110 - LRB100 05183 HLH 15193 b persons with disabilities on a competitive bid or negotiated basis.
"Sheltered market" shall mean a procurement procedure whereby certain contracts are selected and specifically set aside for businesses owned by minorities, women females, and SB0262 Enrolled - 110 - LRB100 05183 HLH 15193 b persons with disabilities on a competitive bid or negotiated basis.
SB0262 Engrossed - 111 - LRB100 05183 HLH 15193 b (4) an analysis of the number of businesses owned by minorities, women females, and persons with disabilities that are certified under the program as well as the number of those businesses that received State procurement contracts;
SB0262 Enrolled - 111 - LRB100 05183 HLH 15193 b (4) an analysis of the number of businesses owned by minorities, women females, and persons with disabilities that are certified under the program as well as the number of those businesses that received State procurement contracts;
(b) The Department of Central Management Services shall provide a report to the Council identifying all State agency non-construction contracts that exceed $20,000,000 prior to award.
(b) The Department of Central Management Services shall provide a report to the Council identifying all State agency non-construction awards that exceed $20,000,000.
(i) the name of the proposed awardee, (ii) the total bid amount, (iii) the established Business Enterprise Program goal, (iv) the dollar amount and percentage of participation by businesses owned by SB0262 Engrossed - 112 - LRB100 05183 HLH 15193 b minorities, women, and persons with disabilities, and (v) the names of the certified firms identified in the utilization plan.
(i) the name of the awardee;
(ii) the total bid amount;
(iii) the established Business Enterprise Program goal;
(iv) the dollar amount and percentage of participation by businesses owned by minorities, women, and SB0262 Enrolled - 112 - LRB100 05183 HLH 15193 b persons with disabilities;
and (v) the names of the certified firms identified in the utilization plan.
(2) Each entity subject to this Section may submit to the Illinois Commerce Commission and the Business Enterprise Council an annual report by April 15, 20l8, and every April 15 thereafter, which provides, for the previous calendar year, information and data on diversity goals, and progress toward achieving those goals, by certified businesses owned by SB0262 Engrossed - 113 - LRB100 05183 HLH 15193 b minorities, women, persons with disabilities, and service-disabled veterans, provided that if the entity does not track such information and data for businesses owned by service-disabled veterans, the entity may provide information and data for businesses owned by veterans.
(2) Each entity subject to this Section may submit to the Illinois Commerce Commission and the Business Enterprise Council an annual report by April 15, 20l8, and every April 15 thereafter, which provides, for the previous calendar year, information and data on diversity goals, and progress toward achieving those goals, by certified businesses owned by minorities, women, persons with disabilities, and SB0262 Enrolled - 113 - LRB100 05183 HLH 15193 b service-disabled veterans, provided that if the entity does not track such information and data for businesses owned by service-disabled veterans, the entity may provide information and data for businesses owned by veterans.
For the diversity reports due on April 15, 2018 and April 15, 2019, the information on annual spending with certified businesses for professional services required by this Section may be provided for all professional services SB0262 Engrossed - 114 - LRB100 05183 HLH 15193 b on an aggregated basis.
For the diversity reports due on April 15, 2018 and April 15, 2019, the information on annual spending with certified businesses for professional services required by this Section may be provided for all professional services on an aggregated basis.
(iv) Beginning with the diversity report due on April 15, 2020, the total number and percentage of women and minorities that provided services for each construction project in the State.
SB0262 Enrolled - 114 - LRB100 05183 HLH 15193 b (iv) Beginning with the diversity report due on April 15, 2020, the total number and percentage of women and minorities that provided services for each construction project in the State.
Upon receiving a report from the Business Enterprise Council, the chief procurement officer shall prohibit any entities that do not submit a report from bidding on State contracts for a period of one year beginning the first day of the following fiscal year and post on its respective bulletin the names of all entities that fail to comply with the provisions of this Section.
Upon receiving a report from the Business Enterprise Council, the chief procurement officer may prohibit any entities that do not submit a report from bidding on State contracts for a period of one year beginning the first day of the following fiscal year and post on its respective bulletin the names of all entities that fail to comply with the provisions of this Section.
SB0262 Engrossed - 115 - LRB100 05183 HLH 15193 b (a) review all existing contracts prior to the time of renewal to determine if the diversity goal is being met by the prime vendor;
(a) review all existing contracts prior to the time of renewal to determine if the contract goal is being met by SB0262 Enrolled - 115 - LRB100 05183 HLH 15193 b the prime vendor;
if it is determined that a diversity goal can be established, the State agency or public institution of higher education shall encourage the prime vendor to amend the contract to include the contract goal;
if it is determined that a contract goal can be established, the State agency or public institution of higher education shall encourage the prime vendor to amend the contract to include the contract goal;
prime contractors shall be required to complete a utilization plan to demonstrate how it intends to meet the diversity goal;
a prime contractor shall be required to complete a utilization plan to demonstrate how it intends to meet the contract goal;
and (e) review renewals at least 6 months prior to renewal to allow adequate time to rebid if it is determined that the prime contractor has not demonstrated good faith efforts towards meeting the diversity goal.
and (d) review renewals at least 6 months prior to renewal to allow adequate time to rebid if it is determined that the prime contractor has not demonstrated good faith efforts towards meeting the contract goal.
SB0262 Engrossed - 116 - LRB100 05183 HLH 15193 b Section 75.
Section 75.
The Film Production Services Tax Credit Act of 2008 is amended by changing Sections 30 and 45 as follows:
The Film Production Services Tax Credit Act of SB0262 Enrolled - 116 - LRB100 05183 HLH 15193 b 2008 is amended by changing Sections 30 and 45 as follows:
and the Department has verified that the applicant has met or made SB0262 Engrossed - 117 - LRB100 05183 HLH 15193 b good-faith efforts in achieving those goals.
and the Department has verified that the applicant has met or made good-faith efforts in achieving those goals.
The Department must adopt any rules that are necessary to ensure compliance with the provisions of this item (3) and that are necessary to require that the applicant's plan reflects the diversity of this State.
The Department must adopt any rules that are necessary to SB0262 Enrolled - 117 - LRB100 05183 HLH 15193 b ensure compliance with the provisions of this item (3) and that are necessary to require that the applicant's plan reflects the diversity of this State.
SB0262 Engrossed - 118 - LRB100 05183 HLH 15193 b (6) Awarding the credit will result in an overall positive impact to the State, as determined by the Department using the best available data.
(6) Awarding the credit will result in an overall positive impact to the State, as determined by the SB0262 Enrolled - 118 - LRB100 05183 HLH 15193 b Department using the best available data.
(1) the economic impact of the tax credit program, including the number of jobs created and retained, SB0262 Engrossed - 119 - LRB100 05183 HLH 15193 b including whether the job positions are entry level, management, talent-related, vendor-related, or production-related;
(1) the economic impact of the tax credit program, including the number of jobs created and retained, including whether the job positions are entry level, management, talent-related, vendor-related, or SB0262 Enrolled - 119 - LRB100 05183 HLH 15193 b production-related;
and (4) a description of any steps taken by the Department to encourage accredited productions to use vendors who are SB0262 Engrossed - 120 - LRB100 05183 HLH 15193 b a minority-owned minority owned business or a women-owned female owned business.
and (4) a description of any steps taken by the Department to encourage accredited productions to use vendors who are a minority-owned minority owned business or a women-owned female owned business.
(Source:
SB0262 Enrolled - 120 - LRB100 05183 HLH 15193 b (Source:
(i) the applicant has filed with the Department a diversity plan outlining specific goals for hiring Illinois labor expenditure eligible minority persons and women females, as defined in the Business Enterprise for Minorities, Women SB0262 Engrossed - 121 - LRB100 05183 HLH 15193 b Females, and Persons with Disabilities Act, and for using vendors receiving certification under the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act;
(i) the applicant has filed with the Department a diversity plan outlining specific goals for hiring Illinois labor expenditure eligible minority persons and women females, as defined in the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act, and for using vendors receiving certification under the Business SB0262 Enrolled - 121 - LRB100 05183 HLH 15193 b Enterprise for Minorities, Women Females, and Persons with Disabilities Act;
(i) the applicant, presenter, owner, or licensee of the production rights has other state or international location options at which to present the SB0262 Engrossed - 122 - LRB100 05183 HLH 15193 b production and could reasonably and efficiently locate outside of the State, (ii) at least one other state or nation could be considered for the production, (iii) the receipt of the tax award credit is a major factor in the decision of the applicant, presenter, production owner or licensee as to where the production will be presented and that without the tax credit award the applicant likely would not create or retain jobs in Illinois, or (iv) receipt of the tax credit award is essential to the applicant's decision to create or retain new jobs in the State;
(i) the applicant, presenter, owner, or licensee of the production rights has other state or international location options at which to present the production and could reasonably and efficiently locate outside of the State, (ii) at least one other state or SB0262 Enrolled - 122 - LRB100 05183 HLH 15193 b nation could be considered for the production, (iii) the receipt of the tax award credit is a major factor in the decision of the applicant, presenter, production owner or licensee as to where the production will be presented and that without the tax credit award the applicant likely would not create or retain jobs in Illinois, or (iv) receipt of the tax credit award is essential to the applicant's decision to create or retain new jobs in the State;
6-1-12.) SB0262 Engrossed - 123 - LRB100 05183 HLH 15193 b (35 ILCS 17/10-50) Sec.
6-1-12.) (35 ILCS 17/10-50) Sec.
Live theater tax credit award program evaluation and reports.
Live theater tax credit award program SB0262 Enrolled - 123 - LRB100 05183 HLH 15193 b evaluation and reports.
(ii) the amount of accredited theater production spending brought to Illinois, including the amount of spending and type of Illinois vendors hired in connection SB0262 Engrossed - 124 - LRB100 05183 HLH 15193 b with an accredited theater production;
(ii) the amount of accredited theater production spending brought to Illinois, including the amount of spending and type of Illinois vendors hired in connection with an accredited theater production;
and (iii) a determination of whether those receiving qualifying Illinois labor expenditure salaries or wages reflect the geographical, racial and ethnic, gender, and income level diversity of the State of Illinois.
and (iii) a determination of whether those receiving SB0262 Enrolled - 124 - LRB100 05183 HLH 15193 b qualifying Illinois labor expenditure salaries or wages reflect the geographical, racial and ethnic, gender, and income level diversity of the State of Illinois.
SB0262 Engrossed - 125 - LRB100 05183 HLH 15193 b (40 ILCS 5/1-109.1) (from Ch.
(40 ILCS 5/1-109.1) (from Ch.
Allocation and delegation of fiduciary duties.
Allocation and delegation of fiduciary SB0262 Enrolled - 125 - LRB100 05183 HLH 15193 b duties.
(2) The board of trustees of a pension fund established under Article 5, 6, 8, 9, 10, 11, 12 or 17 of this Code may not transfer its investment authority, nor transfer the assets of the fund to any other person or entity for the purpose of consolidating or merging its assets and management with any other pension fund or public investment authority, unless the board resolution authorizing such transfer is submitted for approval to the contributors and pensioners of the fund at elections held not less than 30 days after the adoption of such resolution by the board, and such resolution is approved by a majority of the votes cast on the question in both the SB0262 Engrossed - 126 - LRB100 05183 HLH 15193 b contributors election and the pensioners election.
(2) The board of trustees of a pension fund established under Article 5, 6, 8, 9, 10, 11, 12 or 17 of this Code may not transfer its investment authority, nor transfer the assets of the fund to any other person or entity for the purpose of consolidating or merging its assets and management with any other pension fund or public investment authority, unless the board resolution authorizing such transfer is submitted for approval to the contributors and pensioners of the fund at elections held not less than 30 days after the adoption of such resolution by the board, and such resolution is approved by a majority of the votes cast on the question in both the contributors election and the pensioners election.
The election procedures and qualifications governing the election of trustees shall govern the submission of resolutions for approval under this paragraph, insofar as they may be made applicable.
The election procedures and qualifications governing the election SB0262 Enrolled - 126 - LRB100 05183 HLH 15193 b of trustees shall govern the submission of resolutions for approval under this paragraph, insofar as they may be made applicable.
It is hereby declared to be the public policy of the State of Illinois to encourage the trustees of public employee retirement systems, pension funds, and investment boards to use emerging investment managers in managing their system's assets, encompassing all asset classes, and increase the SB0262 Engrossed - 127 - LRB100 05183 HLH 15193 b racial, ethnic, and gender diversity of its fiduciaries, to the greatest extent feasible within the bounds of financial and fiduciary prudence, and to take affirmative steps to remove any barriers to the full participation in investment opportunities afforded by those retirement systems, pension funds, and investment boards.
It is hereby declared to be the public policy of the State of Illinois to encourage the trustees of public employee retirement systems, pension funds, and investment boards to use emerging investment managers in managing their system's assets, encompassing all asset classes, and increase the racial, ethnic, and gender diversity of its fiduciaries, to the greatest extent feasible within the bounds of financial and SB0262 Enrolled - 127 - LRB100 05183 HLH 15193 b fiduciary prudence, and to take affirmative steps to remove any barriers to the full participation in investment opportunities afforded by those retirement systems, pension funds, and investment boards.
The retirement system, pension fund, or investment board shall SB0262 Engrossed - 128 - LRB100 05183 HLH 15193 b annually review the goals established under this subsection.
The retirement system, pension fund, or investment board shall annually review the goals established under this subsection.
If in any case an emerging investment manager meets the criteria established by a board for a specific search and meets the criteria established by a consultant for that search, then that emerging investment manager shall receive an invitation by the board of trustees, or an investment committee of the board of trustees, to present his or her firm for final consideration of a contract.
If in any case an emerging investment manager meets the SB0262 Enrolled - 128 - LRB100 05183 HLH 15193 b criteria established by a board for a specific search and meets the criteria established by a consultant for that search, then that emerging investment manager shall receive an invitation by the board of trustees, or an investment committee of the board of trustees, to present his or her firm for final consideration of a contract.
(6) On or before January 1, 2010, a retirement system, pension fund, or investment board subject to this Code, except those whose investments are restricted by Section 1-113.2 of this Code, shall adopt a policy that sets forth goals for SB0262 Engrossed - 129 - LRB100 05183 HLH 15193 b utilization of businesses owned by minorities, women females, and persons with disabilities for all contracts and services.
(6) On or before January 1, 2010, a retirement system, pension fund, or investment board subject to this Code, except those whose investments are restricted by Section 1-113.2 of this Code, shall adopt a policy that sets forth goals for utilization of businesses owned by minorities, women females, and persons with disabilities for all contracts and services.
The goals established shall be based on the percentage of total dollar amount of all contracts let to minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by a person with a disability, as those terms are defined in the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
SB0262 Enrolled - 129 - LRB100 05183 HLH 15193 b The goals established shall be based on the percentage of total dollar amount of all contracts let to minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by a person with a disability, as those terms are defined in the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
(8) Each retirement system, pension fund, and investment board subject to this Code, except those whose investments are SB0262 Engrossed - 130 - LRB100 05183 HLH 15193 b restricted by Section 1-113.2 of this Code, shall submit a report to the Governor and the General Assembly by January 1 of each year that includes the following:
(8) Each retirement system, pension fund, and investment board subject to this Code, except those whose investments are restricted by Section 1-113.2 of this Code, shall submit a report to the Governor and the General Assembly by January 1 of SB0262 Enrolled - 130 - LRB100 05183 HLH 15193 b each year that includes the following:
For the purposes of this Code, "minority investment manager" means a qualified investment manager that manages an investment portfolio and meets the definition of "minority-owned minority owned business", "women-owned female owned business", or "business owned by a person with a disability", as those terms SB0262 Engrossed - 131 - LRB100 05183 HLH 15193 b are defined in the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
For the purposes of this Code, "minority investment manager" means a qualified investment manager that manages an investment portfolio and meets the definition of "minority-owned minority owned business", "women-owned female owned business", or "business owned by a person with a disability", as those terms are defined in the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
It is hereby declared to be the public policy of the State of Illinois to encourage the trustees of public employee retirement systems, pension funds, and investment boards to use minority investment managers in managing their systems' assets, encompassing all asset classes, and to increase the racial, ethnic, and gender diversity of their fiduciaries, to the greatest extent feasible within the bounds of financial and fiduciary prudence, and to take affirmative steps to remove any barriers to the full participation in investment opportunities afforded by those retirement systems, pension funds, and investment boards.
SB0262 Enrolled - 131 - LRB100 05183 HLH 15193 b It is hereby declared to be the public policy of the State of Illinois to encourage the trustees of public employee retirement systems, pension funds, and investment boards to use minority investment managers in managing their systems' assets, encompassing all asset classes, and to increase the racial, ethnic, and gender diversity of their fiduciaries, to the greatest extent feasible within the bounds of financial and fiduciary prudence, and to take affirmative steps to remove any barriers to the full participation in investment opportunities afforded by those retirement systems, pension funds, and investment boards.
If in any case a minority investment manager meets the criteria established by a board for a specific search and meets the criteria established by a consultant for that search, then that minority investment manager shall receive an invitation by the board of trustees, or an investment committee of the board SB0262 Engrossed - 132 - LRB100 05183 HLH 15193 b of trustees, to present his or her firm for final consideration of a contract.
If in any case a minority investment manager meets the criteria established by a board for a specific search and meets the criteria established by a consultant for that search, then that minority investment manager shall receive an invitation by the board of trustees, or an investment committee of the board of trustees, to present his or her firm for final consideration of a contract.
In the case where multiple minority investment managers meet the criteria of this Section, the staff may choose the most qualified firm or firms to present to the board.
In the case where multiple minority investment SB0262 Enrolled - 132 - LRB100 05183 HLH 15193 b managers meet the criteria of this Section, the staff may choose the most qualified firm or firms to present to the board.
8-25-15.) (40 ILCS 5/1-113.21) SB0262 Engrossed - 133 - LRB100 05183 HLH 15193 b Sec.
8-25-15.) (40 ILCS 5/1-113.21) Sec.
(a) Beginning January 1, 2015, no contract, oral or written, for investment services, consulting services, or commitment to a private market fund shall be awarded by a retirement system, pension fund, or investment board established under this Code unless the investment advisor, consultant, or private market fund first discloses:
(a) Beginning January 1, 2015, no contract, oral or SB0262 Enrolled - 133 - LRB100 05183 HLH 15193 b written, for investment services, consulting services, or commitment to a private market fund shall be awarded by a retirement system, pension fund, or investment board established under this Code unless the investment advisor, consultant, or private market fund first discloses:
and (3) the number of contracts, oral or written, for investment services, consulting services, and professional and artistic services the investment advisor, consultant, or private market fund has with a business other than (i) a minority-owned minority owned business, (ii) a women-owned female owned business or (iii) a business owned by a person with a disability, if more than 50% of services performed pursuant to the contract are performed by (i) a minority SB0262 Engrossed - 134 - LRB100 05183 HLH 15193 b person, (ii) a woman female, and (iii) a person with a disability.
and (3) the number of contracts, oral or written, for investment services, consulting services, and professional and artistic services the investment advisor, consultant, or private market fund has with a business other than (i) a minority-owned minority owned business, (ii) a women-owned female owned business or (iii) a business owned by a person with a disability, if more than 50% of services performed pursuant to the contract are performed by (i) a minority person, (ii) a woman female, and (iii) a person with a disability.
(b) The disclosures required by this Section shall be considered, within the bounds of financial and fiduciary prudence, prior to the awarding of a contract, oral or written, for investment services, consulting services, or commitment to a private market fund.
SB0262 Enrolled - 134 - LRB100 05183 HLH 15193 b (b) The disclosures required by this Section shall be considered, within the bounds of financial and fiduciary prudence, prior to the awarding of a contract, oral or written, for investment services, consulting services, or commitment to a private market fund.
SB0262 Engrossed - 135 - LRB100 05183 HLH 15193 b (a) Any sports, arts, or entertainment facilities that receive revenue from a tax imposed under subsection (b) of Section 5-1030 of this Code shall be considered to be public works within the meaning of the Prevailing Wage Act.
(a) Any sports, arts, or entertainment facilities that receive revenue from a tax imposed under subsection (b) of SB0262 Enrolled - 135 - LRB100 05183 HLH 15193 b Section 5-1030 of this Code shall be considered to be public works within the meaning of the Prevailing Wage Act.
At a minimum, the project labor agreement must provide the names, addresses, and SB0262 Engrossed - 136 - LRB100 05183 HLH 15193 b occupations of the owner of the facilities and the individuals representing the labor organization employees participating in the project labor agreement.
At a minimum, the project labor agreement must provide the names, addresses, and occupations of the owner of the facilities and the individuals representing the labor organization employees participating in SB0262 Enrolled - 136 - LRB100 05183 HLH 15193 b the project labor agreement.
(a) Approval of designated River Edge Redevelopment Zones SB0262 Engrossed - 137 - LRB100 05183 HLH 15193 b shall be made by the Department by certification of the designating ordinance.
(a) Approval of designated River Edge Redevelopment Zones shall be made by the Department by certification of the designating ordinance.
The Department shall promptly issue a certificate for each zone upon its approval.
The Department shall promptly issue a SB0262 Enrolled - 137 - LRB100 05183 HLH 15193 b certificate for each zone upon its approval.
Louis, one pilot River Edge Redevelopment Zone in the SB0262 Engrossed - 138 - LRB100 05183 HLH 15193 b City of Rockford, and one pilot River Edge Redevelopment Zone in the City of Aurora.
Louis, one pilot River Edge Redevelopment Zone in the City of Rockford, and one pilot River Edge Redevelopment Zone in the City of Aurora.
In calendar year 2009, the Department may certify one pilot River Edge Redevelopment Zone in the City of Elgin.
SB0262 Enrolled - 138 - LRB100 05183 HLH 15193 b In calendar year 2009, the Department may certify one pilot River Edge Redevelopment Zone in the City of Elgin.
(e) A municipality in which a River Edge Redevelopment Zone has been certified must submit to the Department, within 60 days after the certification, a plan for encouraging the SB0262 Engrossed - 139 - LRB100 05183 HLH 15193 b participation by minority persons, women females, persons with disabilities, and veterans in the zone.
(e) A municipality in which a River Edge Redevelopment Zone has been certified must submit to the Department, within 60 days after the certification, a plan for encouraging the participation by minority persons, women females, persons with disabilities, and veterans in the zone.
The Department may assist the municipality in developing and implementing the plan.
The Department may SB0262 Enrolled - 139 - LRB100 05183 HLH 15193 b assist the municipality in developing and implementing the plan.
The disclosure also shall include principal and interest payments to be made by each fiscal year over the full stated term of the bonds and total principal and interest payments to be made by each fiscal year on all other outstanding bonds issued under SB0262 Engrossed - 140 - LRB100 05183 HLH 15193 b this Act over the full stated terms of those bonds.
The disclosure also shall include principal and interest payments to be made by each fiscal year over the full stated term of the bonds and total principal and interest payments to be made by each fiscal year on all other outstanding bonds issued under this Act over the full stated terms of those bonds.
These disclosures shall be calculated assuming bonds are not redeemed or refunded prior to their stated maturities.
These disclosures shall be calculated assuming bonds are not redeemed SB0262 Enrolled - 140 - LRB100 05183 HLH 15193 b or refunded prior to their stated maturities.
In addition, the Authority shall provide copies of all contracts under which any costs of issuance are SB0262 Engrossed - 141 - LRB100 05183 HLH 15193 b paid or to be paid to the Commission on Government Forecasting and Accountability within 60 business days after the issuance of bonds for which those costs are paid or to be paid.
In addition, the Authority shall provide copies of all contracts under which any costs of issuance are paid or to be paid to the Commission on Government Forecasting and Accountability within 60 business days after the issuance SB0262 Enrolled - 141 - LRB100 05183 HLH 15193 b of bonds for which those costs are paid or to be paid.
Such program shall include a plan, including timetables where appropriate, which shall specify goals and methods for increasing participation by women and minorities in employment, including employment related to the planning, organization, and staging of the games, by the Authority and by SB0262 Engrossed - 142 - LRB100 05183 HLH 15193 b parties which contract with the Authority.
Such program shall include a plan, including timetables where appropriate, which shall specify goals and methods for increasing participation by women and minorities in employment, including employment related to the planning, organization, and staging of the games, by the Authority and by parties which contract with the Authority.
The Authority shall submit a detailed plan with the General Assembly prior to September 1 of each year.
The Authority shall submit a detailed plan with the General Assembly prior to SB0262 Enrolled - 142 - LRB100 05183 HLH 15193 b September 1 of each year.
The programs shall establish goals of awarding not less than 25% of the annual dollar value of all contracts, SB0262 Engrossed - 143 - LRB100 05183 HLH 15193 b purchase orders, or other agreements (collectively referred to as "contracts") to minority-owned minority owned businesses and 5% of the annual dollar value of all contracts to women-owned female owned businesses.
The programs shall establish goals of awarding not less than 25% of the annual dollar value of all contracts, purchase orders, or other agreements (collectively referred to as "contracts") to minority-owned minority owned businesses SB0262 Enrolled - 143 - LRB100 05183 HLH 15193 b and 5% of the annual dollar value of all contracts to women-owned female owned businesses.
The commitment to minority and woman female business participation may be met by the contractor or professional service provider's status as a minority-owned minority or women-owned female owned business, by joint venture or by subcontracting a portion of the work SB0262 Engrossed - 144 - LRB100 05183 HLH 15193 b with or purchasing materials for the work from one or more such businesses, or by any combination thereof.
The commitment to minority and woman female business participation may be met by the contractor or professional service provider's status as a minority-owned minority or women-owned female owned business, by joint venture or by subcontracting a portion of the work with or purchasing materials for the work from one or more such businesses, or by any combination thereof.
Each contract shall require the contractor or provider to submit a certified monthly report detailing the status of that contractor or provider's compliance with the Authority's minority-owned minority and women-owned female owned business enterprise procurement program.
Each contract shall SB0262 Enrolled - 144 - LRB100 05183 HLH 15193 b require the contractor or provider to submit a certified monthly report detailing the status of that contractor or provider's compliance with the Authority's minority-owned minority and women-owned female owned business enterprise procurement program.
(c) The Authority shall adopt and maintain an affirmative action program in connection with the hiring of minorities and women on the Expansion Project and on any and all construction SB0262 Engrossed - 145 - LRB100 05183 HLH 15193 b projects, including all contracting related to the planning, organization, and staging of the games, undertaken by the Authority.
(c) The Authority shall adopt and maintain an affirmative action program in connection with the hiring of minorities and women on the Expansion Project and on any and all construction projects, including all contracting related to the planning, organization, and staging of the games, undertaken by the SB0262 Enrolled - 145 - LRB100 05183 HLH 15193 b Authority.
and (5) a set-aside program that will identify contracts requiring the SB0262 Engrossed - 146 - LRB100 05183 HLH 15193 b expenditure of funds less than $50,000 for bids to be submitted solely by minority-owned minority owned businesses and women-owned female owned businesses.
and (5) a set-aside program that will identify contracts requiring the expenditure of funds less than $50,000 for bids to be submitted solely by minority-owned minority owned businesses and SB0262 Enrolled - 146 - LRB100 05183 HLH 15193 b women-owned female owned businesses.
A State SB0262 Engrossed - 147 - LRB100 05183 HLH 15193 b Senator or State Representative member may appoint a designee to serve on the McCormick Place Advisory Board in his or her absence.
A State Senator or State Representative member may appoint a designee to serve on the McCormick Place Advisory Board in his or her SB0262 Enrolled - 147 - LRB100 05183 HLH 15193 b absence.
Members of the McCormick Place Advisory Board shall serve SB0262 Engrossed - 148 - LRB100 05183 HLH 15193 b 2-year terms and until their successors are appointed, except members who serve as a result of their elected position whose terms shall continue as long as they hold their designated elected positions.
Members of the McCormick Place Advisory Board shall serve 2-year terms and until their successors are appointed, except members who serve as a result of their elected position whose SB0262 Enrolled - 148 - LRB100 05183 HLH 15193 b terms shall continue as long as they hold their designated elected positions.
SB0262 Engrossed - 149 - LRB100 05183 HLH 15193 b (4) Work with the Authority to find candidates for building trades apprenticeships, for employment in the hospitality industry, and to identify job training programs;
(4) Work with the Authority to find candidates for building trades apprenticeships, for employment in the SB0262 Enrolled - 149 - LRB100 05183 HLH 15193 b hospitality industry, and to identify job training programs;
In addition to the powers set forth SB0262 Engrossed - 150 - LRB100 05183 HLH 15193 b elsewhere in this Act, subject to the terms of any agreements with the holders of the Authority's bonds or notes, the Authority shall:
In addition to the powers set forth elsewhere in this Act, subject to the terms of any agreements with the holders of the Authority's bonds or notes, the SB0262 Enrolled - 150 - LRB100 05183 HLH 15193 b Authority shall:
(3) With respect to a facility owned or to be owned by a governmental owner other than the Authority, enter into an assistance agreement with either a governmental owner of a facility or its tenant, or both, that requires the tenant, or if the tenant is not a party to the assistance agreement requires the governmental owner to enter into an agreement with the tenant that requires the tenant to use SB0262 Engrossed - 151 - LRB100 05183 HLH 15193 b the facility for a period at least as long as the term of any bonds issued to finance the reconstruction, renovation, remodeling, extension or improvement of all or substantially all of the facility.
(3) With respect to a facility owned or to be owned by a governmental owner other than the Authority, enter into an assistance agreement with either a governmental owner of a facility or its tenant, or both, that requires the tenant, or if the tenant is not a party to the assistance agreement requires the governmental owner to enter into an agreement with the tenant that requires the tenant to use the facility for a period at least as long as the term of any bonds issued to finance the reconstruction, SB0262 Enrolled - 151 - LRB100 05183 HLH 15193 b renovation, remodeling, extension or improvement of all or substantially all of the facility.
This commitment may be met by contractor's status as a minority-owned businesses minority business enterprise or women-owned businesses female business enterprise, by a joint venture or by SB0262 Engrossed - 152 - LRB100 05183 HLH 15193 b subcontracting a portion of the work with or by purchasing materials for the work from one or more such businesses enterprises, or by any combination thereof.
This commitment may be met by contractor's status as a minority-owned businesses minority business enterprise or women-owned businesses female business enterprise, by a joint venture or by subcontracting a portion of the work with or by purchasing materials for the work from one or more such businesses SB0262 Enrolled - 152 - LRB100 05183 HLH 15193 b enterprises, or by any combination thereof.
The terms "minority-owned businesses", "women-owned businesses", and "business owned by a person with a disability" have the meanings given to those terms The terms "minority business enterprise" and "female business enterprise" shall have the same meanings as "minority owned business" and "female SB0262 Engrossed - 153 - LRB100 05183 HLH 15193 b owned business", respectively, as defined in the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
The terms "minority-owned businesses", "women-owned businesses", and "business owned by a person with a disability" have the meanings given to those terms The terms "minority business enterprise" and "female business enterprise" shall have the same meanings as "minority owned business" and "female owned business", respectively, as defined in the Business Enterprise for Minorities, Women Females, and Persons with SB0262 Enrolled - 153 - LRB100 05183 HLH 15193 b Disabilities Act.
An assistance agreement may not provide, directly or SB0262 Engrossed - 154 - LRB100 05183 HLH 15193 b indirectly, for the payment to the Chicago Park District of more than a total of $10,000,000 on account of the District's loss of property or revenue in connection with the renovation of a facility pursuant to the assistance agreement.
An assistance agreement may not provide, directly or indirectly, for the payment to the Chicago Park District of more than a total of $10,000,000 on account of the District's SB0262 Enrolled - 154 - LRB100 05183 HLH 15193 b loss of property or revenue in connection with the renovation of a facility pursuant to the assistance agreement.
(3) Create and maintain a financial reserve for repair SB0262 Engrossed - 155 - LRB100 05183 HLH 15193 b and replacement of capital assets.
(3) Create and maintain a financial reserve for repair and replacement of capital assets.
(b) In a loan agreement for the construction of a new facility, in connection with prequalification of general contractors for construction of the facility, the Authority shall require that the owner of the facility require submission of a commitment detailing how the general contractor will expend 25% or more of the dollar value of the general contract with one or more minority-owned businesses minority business enterprises and 5% or more of the dollar value with one or more women-owned businesses female business enterprises.
(b) In a loan agreement for the construction of a new SB0262 Enrolled - 155 - LRB100 05183 HLH 15193 b facility, in connection with prequalification of general contractors for construction of the facility, the Authority shall require that the owner of the facility require submission of a commitment detailing how the general contractor will expend 25% or more of the dollar value of the general contract with one or more minority-owned businesses minority business enterprises and 5% or more of the dollar value with one or more women-owned businesses female business enterprises.
The Authority shall require that the facility owner establish and maintain an affirmative action program designed to promote equal employment opportunity and that specifies the goals and methods for increasing participation by minorities SB0262 Engrossed - 156 - LRB100 05183 HLH 15193 b and women in a representative mix of job classifications required to perform the respective contracts.
The Authority shall require that the facility owner establish and maintain an affirmative action program designed to promote equal employment opportunity and that specifies the goals and methods for increasing participation by minorities and women in a representative mix of job classifications required to perform the respective contracts.
The Authority shall file a report before March 1 of each year with the General Assembly detailing its implementation of this subsection.
The Authority SB0262 Enrolled - 156 - LRB100 05183 HLH 15193 b shall file a report before March 1 of each year with the General Assembly detailing its implementation of this subsection.
(70 ILCS 3605/12c) SB0262 Engrossed - 157 - LRB100 05183 HLH 15193 b Sec.
(70 ILCS 3605/12c) Sec.
(a) In addition to all other bonds or notes that it is authorized to issue, the Authority is authorized to issue its bonds or notes for the purposes of providing funds for the Authority to make the deposits described in Section 12c(b)(1) and (2), for refunding any bonds authorized to be issued under this Section, as well as for the purposes of paying costs of issuance, obtaining bond insurance or other credit enhancement or liquidity facilities, paying costs of obtaining related swaps as authorized in the Bond Authorization Act ("Swaps"), providing a debt service reserve fund, paying Debt Service (as defined in paragraph (i) of this Section 12c), and paying all other costs related to any such bonds or notes.
(a) In addition to all other bonds or notes that it is SB0262 Enrolled - 157 - LRB100 05183 HLH 15193 b authorized to issue, the Authority is authorized to issue its bonds or notes for the purposes of providing funds for the Authority to make the deposits described in Section 12c(b)(1) and (2), for refunding any bonds authorized to be issued under this Section, as well as for the purposes of paying costs of issuance, obtaining bond insurance or other credit enhancement or liquidity facilities, paying costs of obtaining related swaps as authorized in the Bond Authorization Act ("Swaps"), providing a debt service reserve fund, paying Debt Service (as defined in paragraph (i) of this Section 12c), and paying all other costs related to any such bonds or notes.
Provided that no less than $1,110,500,000 has been deposited in the Retirement Plan, remaining proceeds of bonds issued under this subparagraph (b)(1) may be used to pay costs SB0262 Engrossed - 158 - LRB100 05183 HLH 15193 b of issuance and make necessary deposits to funds and accounts with respect to debt service for bonds and notes issued under this subparagraph or subparagraph (b)(2).
Provided that no less than $1,110,500,000 has been deposited in the Retirement Plan, remaining proceeds of bonds issued under this subparagraph (b)(1) may be used to pay costs of issuance and make necessary deposits to funds and accounts with respect to debt service for bonds and notes issued under SB0262 Enrolled - 158 - LRB100 05183 HLH 15193 b this subparagraph or subparagraph (b)(2).
The bonds or notes issued under 12c(b)(2) shall SB0262 Engrossed - 159 - LRB100 05183 HLH 15193 b be issued as soon as practicable after the Auditor General issues the report provided in Section 3-2.3(c) of the Illinois State Auditing Act.
The bonds or notes issued under 12c(b)(2) shall be issued as soon as practicable after the Auditor General issues the report provided in Section 3-2.3(c) of the Illinois SB0262 Enrolled - 159 - LRB100 05183 HLH 15193 b State Auditing Act.
If the Authority enters into a Swap with a counterparty requiring the Authority to pay a fixed interest rate on a notional amount, and the Authority has made a determination SB0262 Engrossed - 160 - LRB100 05183 HLH 15193 b that such Swap was entered into for the purpose of providing substitute interest payments for variable interest rate bonds or notes of a particular maturity or maturities in a principal amount equal to the notional amount of the Swap, then during the term of the Swap for purposes of any calculation of interest payable on such bonds or notes, the interest rate on the bonds or notes of such maturity or maturities shall be determined as if such bonds or notes bore interest at the fixed interest rate payable by the Authority under such Swap.
If the Authority enters into a Swap with a counterparty requiring the Authority to pay a fixed interest rate on a notional amount, and the Authority has made a determination that such Swap was entered into for the purpose of providing substitute interest payments for variable interest rate bonds SB0262 Enrolled - 160 - LRB100 05183 HLH 15193 b or notes of a particular maturity or maturities in a principal amount equal to the notional amount of the Swap, then during the term of the Swap for purposes of any calculation of interest payable on such bonds or notes, the interest rate on the bonds or notes of such maturity or maturities shall be determined as if such bonds or notes bore interest at the fixed interest rate payable by the Authority under such Swap.
(e) Bonds or notes issued pursuant to this Section 12c may be general obligations of the Authority, to which shall be SB0262 Engrossed - 161 - LRB100 05183 HLH 15193 b pledged the full faith and credit of the Authority, or may be obligations payable solely from particular sources of funds all as may be provided in the authorizing ordinance.
(e) Bonds or notes issued pursuant to this Section 12c may be general obligations of the Authority, to which shall be pledged the full faith and credit of the Authority, or may be obligations payable solely from particular sources of funds all SB0262 Enrolled - 161 - LRB100 05183 HLH 15193 b as may be provided in the authorizing ordinance.
The authorizing ordinance may also provide a specific pledge or assignment of and lien on or security interest in and direct payment to the trustee of all or a portion of the moneys otherwise payable to the Authority from SB0262 Engrossed - 162 - LRB100 05183 HLH 15193 b the City of Chicago pursuant to an intergovernmental agreement with the Authority to provide financial assistance to the Authority.
The authorizing ordinance may also provide a specific pledge or assignment of and lien on or security interest in and direct payment to the trustee of all or a portion of the moneys otherwise payable to the Authority from the City of Chicago pursuant to an intergovernmental agreement with the Authority to provide financial assistance to the SB0262 Enrolled - 162 - LRB100 05183 HLH 15193 b Authority.
The ordinance authorizing the issuance of any such bonds or notes authorized under this Section 12c may contain provisions for the creation of a separate fund to provide for the payment of principal of and interest on those bonds or notes and related SB0262 Engrossed - 163 - LRB100 05183 HLH 15193 b agreements.
The ordinance authorizing the issuance of any such bonds or notes authorized under this Section 12c may contain provisions for the creation of a separate fund to provide for the payment of principal of and interest on those bonds or notes and related agreements.
(f) Bonds or notes issued under this Section 12c shall not constitute an indebtedness of the Regional Transportation Authority, the State of Illinois, or of any other political subdivision of or municipality within the State, except the Authority.
SB0262 Enrolled - 163 - LRB100 05183 HLH 15193 b (f) Bonds or notes issued under this Section 12c shall not constitute an indebtedness of the Regional Transportation Authority, the State of Illinois, or of any other political subdivision of or municipality within the State, except the Authority.
(h) The State of Illinois pledges to and agrees with the SB0262 Engrossed - 164 - LRB100 05183 HLH 15193 b owners of the bonds or notes issued pursuant to Section 12c that the State of Illinois will not limit the powers vested in the Authority by this Act to pledge and assign its revenues and funds as security for the payment of the bonds or notes, or vested in the Regional Transportation Authority by the Regional Transportation Authority Act or this Act, so as to materially impair the payment obligations of the Authority under the terms of any contract made by the Authority with those owners or to materially impair the rights and remedies of those owners until those bonds or notes, together with interest and any redemption premium, and all costs and expenses in connection with any action or proceedings by or on behalf of such owners are fully met and discharged.
(h) The State of Illinois pledges to and agrees with the owners of the bonds or notes issued pursuant to Section 12c that the State of Illinois will not limit the powers vested in SB0262 Enrolled - 164 - LRB100 05183 HLH 15193 b the Authority by this Act to pledge and assign its revenues and funds as security for the payment of the bonds or notes, or vested in the Regional Transportation Authority by the Regional Transportation Authority Act or this Act, so as to materially impair the payment obligations of the Authority under the terms of any contract made by the Authority with those owners or to materially impair the rights and remedies of those owners until those bonds or notes, together with interest and any redemption premium, and all costs and expenses in connection with any action or proceedings by or on behalf of such owners are fully met and discharged.
(j) The Authority shall adopt a procurement program with respect to contracts relating to the following service SB0262 Engrossed - 165 - LRB100 05183 HLH 15193 b providers in connection with the issuance of debt for the benefit of the Retirement Plan for Chicago Transit Authority Employees:
(j) The Authority shall adopt a procurement program with respect to contracts relating to the following service providers in connection with the issuance of debt for the benefit of the Retirement Plan for Chicago Transit Authority SB0262 Enrolled - 165 - LRB100 05183 HLH 15193 b Employees:
(k) No person holding an elective office in this State, holding a seat in the General Assembly, serving as a director, trustee, officer, or employee of the Regional Transportation SB0262 Engrossed - 166 - LRB100 05183 HLH 15193 b Authority or the Chicago Transit Authority, including the spouse or minor child of that person, may receive a legal, banking, consulting, or other fee related to the issuance of any bond issued by the Chicago Transit Authority pursuant to this Section.
(k) No person holding an elective office in this State, holding a seat in the General Assembly, serving as a director, trustee, officer, or employee of the Regional Transportation Authority or the Chicago Transit Authority, including the spouse or minor child of that person, may receive a legal, SB0262 Enrolled - 166 - LRB100 05183 HLH 15193 b banking, consulting, or other fee related to the issuance of any bond issued by the Chicago Transit Authority pursuant to this Section.
(1) the total number of all contracts awarded by the SB0262 Engrossed - 167 - LRB100 05183 HLH 15193 b school district;
(1) the total number of all contracts awarded by the school district;
(3) the number of contracts awarded to minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by persons with disabilities, as defined in the Business Enterprise for Minorities, Women, Females and Persons with Disabilities Act, and locally owned businesses;
SB0262 Enrolled - 167 - LRB100 05183 HLH 15193 b (3) the number of contracts awarded to minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by persons with disabilities, as defined in the Business Enterprise for Minorities, Women, Females and Persons with Disabilities Act, and locally owned businesses;
the Illinois Human Rights Act, the Prevailing SB0262 Engrossed - 168 - LRB100 05183 HLH 15193 b Wage Act, the Public Construction Bond Act, the Public Works Preference Act (repealed on June 16, 2010 by Public Act 96-929), the Employment of Illinois Workers on Public Works Act, the Freedom of Information Act, the Open Meetings Act, the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act, the Public Contract Fraud Act, the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act, and the Public Works Employment Discrimination Act.
the Illinois Human Rights Act, the Prevailing Wage Act, the Public Construction Bond Act, the Public Works Preference Act (repealed on June 16, 2010 by Public Act SB0262 Enrolled - 168 - LRB100 05183 HLH 15193 b 96-929), the Employment of Illinois Workers on Public Works Act, the Freedom of Information Act, the Open Meetings Act, the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act, the Public Contract Fraud Act, the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act, and the Public Works Employment Discrimination Act.
(2) Storm windows or doors, caulking or weatherstripping, multiglazed windows or doors, heat SB0262 Engrossed - 169 - LRB100 05183 HLH 15193 b absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption.
(2) Storm windows or doors, caulking or weatherstripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass SB0262 Enrolled - 169 - LRB100 05183 HLH 15193 b area, or other window and door system modifications that reduce energy consumption.
SB0262 Engrossed - 170 - LRB100 05183 HLH 15193 b (3) the University obtains a performance bond in accordance with this Act;
(3) the University obtains a performance bond in accordance with this Act;
(4) the University and the qualified provider follow all aspects of the Prevailing Wage Act as provided by this Act;
SB0262 Enrolled - 170 - LRB100 05183 HLH 15193 b (4) the University and the qualified provider follow all aspects of the Prevailing Wage Act as provided by this Act;
SB0262 Engrossed - 171 - LRB100 05183 HLH 15193 b (10) the University follows, to the extent possible, the Design-Build Procurement Act for construction of the project, taking into consideration the current status of the project;
(10) the University follows, to the extent possible, the Design-Build Procurement Act for construction of the SB0262 Enrolled - 171 - LRB100 05183 HLH 15193 b project, taking into consideration the current status of the project;
The University of Illinois at Chicago Act is SB0262 Engrossed - 172 - LRB100 05183 HLH 15193 b amended by repealing Section 1.1.
The University of Illinois at Chicago Act is amended by repealing Section 1.1.
Section 135.
SB0262 Enrolled - 172 - LRB100 05183 HLH 15193 b Section 135.
one member shall be an appointee of SB0262 Engrossed - 173 - LRB100 05183 HLH 15193 b the Board of Higher Education;
one member shall be an appointee of the Board of Higher Education;
one member shall be an appointee of the Department of Commerce and Economic Opportunity;
one member shall be an SB0262 Enrolled - 173 - LRB100 05183 HLH 15193 b appointee of the Department of Commerce and Economic Opportunity;
The Institute shall help remedy the deficiencies in the preparation of entrepreneurship education teachers, increase the quality and quantity of SB0262 Engrossed - 174 - LRB100 05183 HLH 15193 b entrepreneurship education programs, improve instructional materials, and prepare personnel to serve as leaders and consultants in the field of entrepreneurship education and economic development.
The Institute shall help remedy the deficiencies in the preparation of entrepreneurship education teachers, increase the quality and quantity of entrepreneurship education programs, improve instructional materials, and prepare personnel to serve as leaders and SB0262 Enrolled - 174 - LRB100 05183 HLH 15193 b consultants in the field of entrepreneurship education and economic development.
and SB0262 Engrossed - 175 - LRB100 05183 HLH 15193 b (4) To request and receive the cooperation and assistance of all State departments and agencies in the furtherance of its purpose.
and (4) To request and receive the cooperation and assistance of all State departments and agencies in the SB0262 Enrolled - 175 - LRB100 05183 HLH 15193 b furtherance of its purpose.
SB0262 Engrossed - 176 - LRB100 05183 HLH 15193 b (Source:
(Source:
5-19-06.) Section 140.
5-19-06.) SB0262 Enrolled - 176 - LRB100 05183 HLH 15193 b Section 140.
but shall not include transportation costs of coal (i) except to the SB0262 Engrossed - 177 - LRB100 05183 HLH 15193 b extent that for contracts entered into on and after the effective date of this amendatory Act of 1997, the cost of the coal, including transportation costs, constitutes the lowest cost for adequate and reliable fuel supply reasonably available to the public utility in comparison to the cost, including transportation costs, of other adequate and reliable sources of fuel supply reasonably available to the public utility, or (ii) except as otherwise provided in the next 3 sentences of this paragraph.
but shall not include transportation costs of coal (i) except to the extent that for contracts entered into on and after the effective date of this amendatory Act of 1997, the cost of the SB0262 Enrolled - 177 - LRB100 05183 HLH 15193 b coal, including transportation costs, constitutes the lowest cost for adequate and reliable fuel supply reasonably available to the public utility in comparison to the cost, including transportation costs, of other adequate and reliable sources of fuel supply reasonably available to the public utility, or (ii) except as otherwise provided in the next 3 sentences of this paragraph.
Annually, the Commission shall initiate public hearings to determine whether the clauses reflect actual costs of fuel, gas, power, or coal transportation purchased to SB0262 Engrossed - 178 - LRB100 05183 HLH 15193 b determine whether such purchases were prudent, and to reconcile any amounts collected with the actual costs of fuel, power, gas, or coal transportation prudently purchased.
Annually, the Commission shall initiate public hearings to determine whether the clauses reflect actual costs of fuel, gas, power, or coal transportation purchased to determine whether such purchases were prudent, and to reconcile any amounts collected with the actual costs of fuel, power, SB0262 Enrolled - 178 - LRB100 05183 HLH 15193 b gas, or coal transportation prudently purchased.
(b) A public utility providing electric service, other than a public utility described in subsections (e) or (f) of this Section, may at any time during the mandatory transition period file with the Commission proposed tariff sheets that eliminate the public utility's fuel adjustment clause and adjust the public utility's base rate tariffs by the amount necessary for the base fuel component of the base rates to recover the public utility's average fuel and power supply costs per kilowatt-hour for the 2 most recent years for which the Commission has issued final orders in annual proceedings pursuant to subsection (a), where the average fuel and power supply costs per kilowatt-hour shall be calculated as the sum of the public utility's prudent and allowable fuel and power supply costs as found by the Commission in the 2 proceedings divided by the public utility's SB0262 Engrossed - 179 - LRB100 05183 HLH 15193 b actual jurisdictional kilowatt-hour sales for those 2 years.
(b) A public utility providing electric service, other than a public utility described in subsections (e) or (f) of this Section, may at any time during the mandatory transition period file with the Commission proposed tariff sheets that eliminate the public utility's fuel adjustment clause and adjust the public utility's base rate tariffs by the amount necessary for the base fuel component of the base rates to recover the public utility's average fuel and power supply costs per kilowatt-hour for the 2 most recent years for which the Commission has issued final orders in annual proceedings pursuant to subsection (a), where the average fuel and power supply costs per kilowatt-hour shall be calculated as the sum of the public utility's prudent and allowable fuel and power supply costs as found by the Commission in the 2 proceedings divided by the public utility's actual jurisdictional kilowatt-hour sales for those 2 years.
Notwithstanding any contrary or inconsistent provisions in Section 9-201 of this Act, in subsection (a) of this Section or in any rules or regulations promulgated by the Commission pursuant to subsection (g) of this Section, the Commission shall review and shall by order approve, or approve as modified, the proposed tariff sheets within 60 days after the date of the public utility's filing.
Notwithstanding any contrary or inconsistent provisions in SB0262 Enrolled - 179 - LRB100 05183 HLH 15193 b Section 9-201 of this Act, in subsection (a) of this Section or in any rules or regulations promulgated by the Commission pursuant to subsection (g) of this Section, the Commission shall review and shall by order approve, or approve as modified, the proposed tariff sheets within 60 days after the date of the public utility's filing.
(c) Notwithstanding any contrary or inconsistent provisions in Section 9-201 of this Act, in subsection (a) of this Section or in any rules or regulations promulgated by the Commission pursuant to subsection (g) of this Section, a public utility providing electric service, other than a public utility described in subsection (e) or (f) of this Section, may at any time during the mandatory transition period file with the Commission proposed tariff sheets that establish the rate per kilowatt-hour to be applied pursuant to the public utility's SB0262 Engrossed - 180 - LRB100 05183 HLH 15193 b fuel adjustment clause at the average value for such rate during the preceding 24 months, provided that such average rate results in a credit to customers' bills, without making any revisions to the public utility's base rate tariffs.
(c) Notwithstanding any contrary or inconsistent provisions in Section 9-201 of this Act, in subsection (a) of this Section or in any rules or regulations promulgated by the Commission pursuant to subsection (g) of this Section, a public utility providing electric service, other than a public utility described in subsection (e) or (f) of this Section, may at any time during the mandatory transition period file with the Commission proposed tariff sheets that establish the rate per kilowatt-hour to be applied pursuant to the public utility's fuel adjustment clause at the average value for such rate during the preceding 24 months, provided that such average rate SB0262 Enrolled - 180 - LRB100 05183 HLH 15193 b results in a credit to customers' bills, without making any revisions to the public utility's base rate tariffs.
Notwithstanding any SB0262 Engrossed - 181 - LRB100 05183 HLH 15193 b contrary or inconsistent provisions in Section 9-201 of this Act, in subsection (a) of this Section, or in any rules or regulations promulgated by the Commission pursuant to subsection (g) of this Section, the Commission shall review and shall by order approve, or approve as modified in the Commission's order, the proposed tariff sheets within 240 days after the date of the public utility's filing.
Notwithstanding any contrary or inconsistent provisions in Section 9-201 of this Act, in subsection (a) of this Section, or in any rules or SB0262 Enrolled - 181 - LRB100 05183 HLH 15193 b regulations promulgated by the Commission pursuant to subsection (g) of this Section, the Commission shall review and shall by order approve, or approve as modified in the Commission's order, the proposed tariff sheets within 240 days after the date of the public utility's filing.
If the Commission's order requires modifications in the tariff sheets filed by the public utility, the public utility shall have 7 SB0262 Engrossed - 182 - LRB100 05183 HLH 15193 b days following the date of the order to notify the Commission whether the public utility will implement the modified tariffs or elect to continue its fuel or purchased gas adjustment clause in force as though no order had been entered.
If the Commission's order requires modifications in the tariff sheets filed by the public utility, the public utility shall have 7 days following the date of the order to notify the Commission whether the public utility will implement the modified tariffs SB0262 Enrolled - 182 - LRB100 05183 HLH 15193 b or elect to continue its fuel or purchased gas adjustment clause in force as though no order had been entered.
(e) Notwithstanding any contrary or inconsistent provisions in Section 9-201 of this Act, in subsection (a) of this Section, or in any rules promulgated by the Commission pursuant to subsection (g) of this Section, a public utility providing electric service to more than 1,000,000 customers in this State may, within the first 6 months after the effective date of this amendatory Act of 1997, file with the Commission proposed tariff sheets that eliminate, effective January 1, SB0262 Engrossed - 183 - LRB100 05183 HLH 15193 b 1997, the public utility's fuel adjustment clause without adjusting its base rates, and such tariff sheets shall be effective upon filing.
(e) Notwithstanding any contrary or inconsistent provisions in Section 9-201 of this Act, in subsection (a) of this Section, or in any rules promulgated by the Commission pursuant to subsection (g) of this Section, a public utility providing electric service to more than 1,000,000 customers in this State may, within the first 6 months after the effective date of this amendatory Act of 1997, file with the Commission proposed tariff sheets that eliminate, effective January 1, 1997, the public utility's fuel adjustment clause without adjusting its base rates, and such tariff sheets shall be SB0262 Enrolled - 183 - LRB100 05183 HLH 15193 b effective upon filing.
(f) Notwithstanding any contrary or inconsistent provisions in Section 9-201 of this Act, in subsection (a) of this Section, or in any rules or regulations promulgated by the SB0262 Engrossed - 184 - LRB100 05183 HLH 15193 b Commission pursuant to subsection (g) of this Section, a public utility providing electric service to more than 500,000 customers but fewer than 1,000,000 customers in this State may, within the first 6 months after the effective date of this amendatory Act of 1997, file with the Commission proposed tariff sheets that eliminate, effective January 1, 1997, the public utility's fuel adjustment clause and adjust its base rates by the amount necessary for the base fuel component of the base rates to recover 91% of the public utility's average fuel and power supply costs for the 2 most recent years for which the Commission, as of January 1, 1997, has issued final orders in annual proceedings pursuant to subsection (a), where the average fuel and power supply costs per kilowatt-hour shall be calculated as the sum of the public utility's prudent and allowable fuel and power supply costs as found by the Commission in the 2 proceedings divided by the public utility's actual jurisdictional kilowatt-hour sales for those 2 years, provided, that such tariff sheets shall be effective upon filing.
(f) Notwithstanding any contrary or inconsistent provisions in Section 9-201 of this Act, in subsection (a) of this Section, or in any rules or regulations promulgated by the Commission pursuant to subsection (g) of this Section, a public utility providing electric service to more than 500,000 SB0262 Enrolled - 184 - LRB100 05183 HLH 15193 b customers but fewer than 1,000,000 customers in this State may, within the first 6 months after the effective date of this amendatory Act of 1997, file with the Commission proposed tariff sheets that eliminate, effective January 1, 1997, the public utility's fuel adjustment clause and adjust its base rates by the amount necessary for the base fuel component of the base rates to recover 91% of the public utility's average fuel and power supply costs for the 2 most recent years for which the Commission, as of January 1, 1997, has issued final orders in annual proceedings pursuant to subsection (a), where the average fuel and power supply costs per kilowatt-hour shall be calculated as the sum of the public utility's prudent and allowable fuel and power supply costs as found by the Commission in the 2 proceedings divided by the public utility's actual jurisdictional kilowatt-hour sales for those 2 years, provided, that such tariff sheets shall be effective upon filing.
Provided however, that such refund shall not include the proportional amounts of taxes paid under the Use Tax Act, Service Use Tax Act, Service Occupation Tax Act, and Retailers' Occupation Tax SB0262 Engrossed - 185 - LRB100 05183 HLH 15193 b Act on fuel used in generation.
Provided however, that such refund shall not include the proportional amounts of taxes paid under the Use Tax Act, Service Use Tax Act, Service Occupation Tax Act, and Retailers' Occupation Tax Act on fuel used in generation.
The Commission shall issue an order within 45 days after the date of the public utility's filing approving or approving as modified such tariff sheet.
The Commission shall issue an order within 45 days after the date of the public utility's SB0262 Enrolled - 185 - LRB100 05183 HLH 15193 b filing approving or approving as modified such tariff sheet.
(i) at least 90% of feedstock to be used in the gasification process SB0262 Engrossed - 186 - LRB100 05183 HLH 15193 b shall be coal with a high volatile bituminous rank and greater than 1.7 pounds of sulfur per million Btu content;
(i) at least 90% of feedstock to be used in the gasification process shall be coal with a high volatile bituminous rank and greater than 1.7 pounds of sulfur per million Btu content;
(ii) at the time the contract term commences, the price per million Btu may not exceed $7.95 in 2008 dollars, adjusted annually based on the change in the Annual Consumer Price Index for All Urban Consumers for the Midwest Region as published in April by the United States Department of Labor, Bureau of Labor Statistics (or a suitable Consumer Price Index calculation if this Consumer Price Index is not available) for the previous calendar year;
(ii) at the SB0262 Enrolled - 186 - LRB100 05183 HLH 15193 b time the contract term commences, the price per million Btu may not exceed $7.95 in 2008 dollars, adjusted annually based on the change in the Annual Consumer Price Index for All Urban Consumers for the Midwest Region as published in April by the United States Department of Labor, Bureau of Labor Statistics (or a suitable Consumer Price Index calculation if this Consumer Price Index is not available) for the previous calendar year;
Any gas utility that is providing service to more than 150,000 customers on August 2, 2011 (the effective date of Public Act 97-239) shall either elect to enter into a contract on or before September 30, 2011 for 10 years of SNG supply with the owner of a clean coal SNG facility or to file biennial rate proceedings before the Commission in the years 2012, 2014, and 2016, with such filings made after August 2, 2011 and no later than September 30 of the years 2012, 2014, and 2016 consistent SB0262 Engrossed - 187 - LRB100 05183 HLH 15193 b with all requirements of 83 Ill.
Any gas utility that is providing service to more than 150,000 customers on August 2, 2011 (the effective date of Public Act 97-239) shall either elect to enter into a contract on or before September 30, 2011 for 10 years of SNG supply with the owner of a clean coal SNG facility or to file biennial rate proceedings before the Commission in the years 2012, 2014, and 2016, with such filings made after August 2, 2011 and no later than September 30 of the years 2012, 2014, and 2016 consistent with all requirements of 83 Ill.
Code 255 and 285 as though the gas utility were filing for an increase in its rates, without regard to whether such filing would produce an increase, a decrease, or no change in the gas utility's rates, and the Commission shall review the gas utility's filing and shall issue its order in accordance with the provisions of Section 9-201 of this Act.
Code 255 and 285 as though the gas utility were filing for an increase in its SB0262 Enrolled - 187 - LRB100 05183 HLH 15193 b rates, without regard to whether such filing would produce an increase, a decrease, or no change in the gas utility's rates, and the Commission shall review the gas utility's filing and shall issue its order in accordance with the provisions of Section 9-201 of this Act.
(2) review the SNG pricing formula included in the SB0262 Engrossed - 188 - LRB100 05183 HLH 15193 b contract and approve that formula if the Illinois Power Agency determines that the formula, at the time the contract term commences:
(2) review the SNG pricing formula included in the contract and approve that formula if the Illinois Power Agency determines that the formula, at the time the SB0262 Enrolled - 188 - LRB100 05183 HLH 15193 b contract term commences:
(4) review and confirm in writing that using the EIA SB0262 Engrossed - 189 - LRB100 05183 HLH 15193 b Annual Energy Outlook-2011 Henry Hub Spot Price, the contract terms set out in subsection (h), the reconciliation account terms as set out in subsection (h-15), and an estimated inflation rate of 2.5% for each corresponding year, that there will be no cumulative estimated increase for residential customers;
(4) review and confirm in writing that using the EIA Annual Energy Outlook-2011 Henry Hub Spot Price, the contract terms set out in subsection (h), the SB0262 Enrolled - 189 - LRB100 05183 HLH 15193 b reconciliation account terms as set out in subsection (h-15), and an estimated inflation rate of 2.5% for each corresponding year, that there will be no cumulative estimated increase for residential customers;
The Illinois Power Agency may, in its discretion, retain an SB0262 Engrossed - 190 - LRB100 05183 HLH 15193 b independent, qualified, and experienced expert to assist in its obligations under this subsection (h).
The Illinois Power Agency may, in its discretion, retain an independent, qualified, and experienced expert to assist in its obligations under this subsection (h).
The Illinois Power Agency shall adopt and make public policies detailing the processes for retaining a mediator and an expert under this subsection (h).
The Illinois Power SB0262 Enrolled - 190 - LRB100 05183 HLH 15193 b Agency shall adopt and make public policies detailing the processes for retaining a mediator and an expert under this subsection (h).
The expert shall not own or control any direct or indirect interest in the clean coal SNG facility and shall have no contractual relationship SB0262 Engrossed - 191 - LRB100 05183 HLH 15193 b with the clean coal SNG facility.
The expert shall not own or control any direct or indirect interest in the clean coal SNG facility and shall have no contractual relationship with the clean coal SNG facility.
If an expert is retained by the Commission, then the clean coal SNG facility shall pay the expert's reasonable fees.
If an expert is retained by the Commission, then the clean coal SNG facility shall pay the SB0262 Enrolled - 191 - LRB100 05183 HLH 15193 b expert's reasonable fees.
Any refund shall include interest calculated at a rate determined by the SB0262 Engrossed - 192 - LRB100 05183 HLH 15193 b Commission and shall be returned according to procedures prescribed by the Commission.
Any refund shall include interest calculated at a rate determined by the Commission and shall be returned according to procedures prescribed by the Commission.
Nothing in this subsection (h) shall preclude any party affected by a decision of the Commission under this subsection (h) from seeking judicial review of the Commission's decision.
SB0262 Enrolled - 192 - LRB100 05183 HLH 15193 b Nothing in this subsection (h) shall preclude any party affected by a decision of the Commission under this subsection (h) from seeking judicial review of the Commission's decision.
provided that no utility shall be required to purchase more than 42% of the projected annual output of the clean coal SNG brownfield facility, with the remainder of such utility's obligation to be divided proportionately between the other utilities, and provided that the Illinois Power Agency shall further adjust the allocation only as required to take SB0262 Engrossed - 193 - LRB100 05183 HLH 15193 b into account adverse consolidation, derivative, or lease impacts to the balance sheet or income statement of any gas utility.
provided that no utility shall be required to purchase more than 42% of the projected annual output of the clean coal SNG brownfield facility, with the remainder of such utility's obligation to be divided proportionately between the other utilities, and provided that the Illinois Power Agency shall further adjust the allocation only as required to take into account adverse consolidation, derivative, or lease impacts to the balance sheet or income statement of any gas SB0262 Enrolled - 193 - LRB100 05183 HLH 15193 b utility.
Within 45 days after receipt of the draft sourcing agreement, each such gas utility shall provide the Illinois Power Agency and the owner of a clean coal SNG brownfield facility with its comments and recommended SB0262 Engrossed - 194 - LRB100 05183 HLH 15193 b revisions to the draft sourcing agreement.
Within 45 days after receipt of the draft sourcing agreement, each such gas utility shall provide the Illinois Power Agency and the owner of a clean coal SNG brownfield facility with its comments and recommended revisions to the draft sourcing agreement.
Within 15 days after the receipt of the gas utility's comments and recommended revisions, the owner of the clean coal SNG brownfield facility shall submit its responsive comments and a further revised draft of the sourcing agreement to the Illinois Power Agency.
Within 15 days after the receipt of the gas utility's comments and recommended SB0262 Enrolled - 194 - LRB100 05183 HLH 15193 b revisions, the owner of the clean coal SNG brownfield facility shall submit its responsive comments and a further revised draft of the sourcing agreement to the Illinois Power Agency.
The gas utility and the clean coal SB0262 Engrossed - 195 - LRB100 05183 HLH 15193 b SNG brownfield facility shall pay a reasonable fee as required by the Illinois Power Agency for its services under this subsection (h-1) and shall pay the mediator's reasonable fees, if any.
The gas utility and the clean coal SNG brownfield facility shall pay a reasonable fee as required by the Illinois Power Agency for its services under this SB0262 Enrolled - 195 - LRB100 05183 HLH 15193 b subsection (h-1) and shall pay the mediator's reasonable fees, if any.
SB0262 Engrossed - 196 - LRB100 05183 HLH 15193 b (4) The clean coal SNG brownfield facility guarantees a minimum of $100,000,000 in consumer savings to customers of the utilities that have entered into sourcing agreements with the clean coal SNG brownfield facility, calculated in real 2010 dollars at the conclusion of the term of the sourcing agreement by comparing the delivered SNG price to the Chicago City-gate price on a weighted daily basis for each day over the entire term of the sourcing agreement, to be provided in accordance with subsection (h-2) of this Section.
(4) The clean coal SNG brownfield facility guarantees a minimum of $100,000,000 in consumer savings to customers of SB0262 Enrolled - 196 - LRB100 05183 HLH 15193 b the utilities that have entered into sourcing agreements with the clean coal SNG brownfield facility, calculated in real 2010 dollars at the conclusion of the term of the sourcing agreement by comparing the delivered SNG price to the Chicago City-gate price on a weighted daily basis for each day over the entire term of the sourcing agreement, to be provided in accordance with subsection (h-2) of this Section.
The consumer protection reserve account shall be maintained and administered by an independent trustee that is mutually agreed upon by the clean coal SNG brownfield facility, the utilities, and the Commission in an interest-bearing account in accordance with subsection (h-2) of this SB0262 Engrossed - 197 - LRB100 05183 HLH 15193 b Section.
The consumer protection reserve account shall be maintained and administered by an independent trustee that is mutually agreed upon by the clean coal SNG brownfield facility, the utilities, and the Commission in an interest-bearing account in accordance with subsection (h-2) of this Section.
"Consumer protection reserve account principal maximum amount" shall mean the maximum amount of principal to be maintained in the consumer protection reserve account.
"Consumer protection reserve account principal maximum SB0262 Enrolled - 197 - LRB100 05183 HLH 15193 b amount" shall mean the maximum amount of principal to be maintained in the consumer protection reserve account.
(7) Fifty percent of all additional net revenue, defined as miscellaneous net revenue from products SB0262 Engrossed - 198 - LRB100 05183 HLH 15193 b produced by the facility and delivered during the month after cost allowance for costs associated with additional net revenue that are not otherwise recoverable pursuant to subsection (h-3) of this Section, including net revenue from sales of substitute natural gas derived from the facility above the nameplate capacity of the facility and other by-products produced by the facility, shall be credited to the consumer protection reserve account pursuant to subsection (h-2) of this Section.
(7) Fifty percent of all additional net revenue, defined as miscellaneous net revenue from products produced by the facility and delivered during the month after cost allowance for costs associated with additional SB0262 Enrolled - 198 - LRB100 05183 HLH 15193 b net revenue that are not otherwise recoverable pursuant to subsection (h-3) of this Section, including net revenue from sales of substitute natural gas derived from the facility above the nameplate capacity of the facility and other by-products produced by the facility, shall be credited to the consumer protection reserve account pursuant to subsection (h-2) of this Section.
The delivered SNG price per million Btu shall proportionately reflect these SB0262 Engrossed - 199 - LRB100 05183 HLH 15193 b elements over the term of the sourcing agreement.
The delivered SNG price per million Btu shall proportionately reflect these elements over the term of the sourcing agreement.
(9) A formula to translate the recoverable costs and charges under subsection (h-3) of this Section into the delivered SNG price per million btu.
(9) A formula to translate the recoverable costs and SB0262 Enrolled - 199 - LRB100 05183 HLH 15193 b charges under subsection (h-3) of this Section into the delivered SNG price per million btu.
(14) Nothing in the sourcing agreement will require a utility to construct any facilities to accept delivery of SB0262 Engrossed - 200 - LRB100 05183 HLH 15193 b SNG.
(14) Nothing in the sourcing agreement will require a utility to construct any facilities to accept delivery of SNG.
Provided, however, if a utility is required by law or otherwise elects to connect the clean coal SNG brownfield facility to an interstate pipeline, then the utility shall be entitled to recover pursuant to its tariffs all just and reasonable costs that are prudently incurred.
Provided, however, if a utility is required by law or otherwise elects to connect the clean coal SNG brownfield SB0262 Enrolled - 200 - LRB100 05183 HLH 15193 b facility to an interstate pipeline, then the utility shall be entitled to recover pursuant to its tariffs all just and reasonable costs that are prudently incurred.
(16) The clean coal SNG brownfield facility shall make a good faith effort to ensure that an amount equal to not less than 15% of the value of its prime construction SB0262 Engrossed - 201 - LRB100 05183 HLH 15193 b contract for the facility shall be established as a goal to be awarded to minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by a person with a disability;
(16) The clean coal SNG brownfield facility shall make a good faith effort to ensure that an amount equal to not less than 15% of the value of its prime construction contract for the facility shall be established as a goal to be awarded to minority-owned minority owned businesses, SB0262 Enrolled - 201 - LRB100 05183 HLH 15193 b women-owned female owned businesses, and businesses owned by a person with a disability;
The clean coal SNG brownfield facility shall guarantee a minimum of $100,000,000 in consumer savings to customers of the utilities SB0262 Engrossed - 202 - LRB100 05183 HLH 15193 b that have entered into sourcing agreements with the clean coal SNG brownfield facility, calculated in real 2010 dollars at the conclusion of the term of the sourcing agreement by comparing the delivered SNG price to the Chicago City-gate price on a weighted daily basis for each day over the entire term of the sourcing agreement.
The clean coal SNG brownfield facility shall guarantee a minimum of $100,000,000 in consumer savings to customers of the utilities that have entered into sourcing agreements with the clean coal SNG brownfield facility, calculated in real 2010 dollars at the SB0262 Enrolled - 202 - LRB100 05183 HLH 15193 b conclusion of the term of the sourcing agreement by comparing the delivered SNG price to the Chicago City-gate price on a weighted daily basis for each day over the entire term of the sourcing agreement.
(1) The clean coal SNG brownfield facility monthly shall calculate (A) the difference between the monthly delivered SNG price and the Chicago City-gate price, by comparing the delivered SNG price, which shall include the cost of transportation to the delivery point, if any, to SB0262 Engrossed - 203 - LRB100 05183 HLH 15193 b the Chicago City-gate price on a weighted daily basis for each day of the prior month based upon a mutually agreed upon published index and (B) the overage amount, if any, by calculating the annualized incremental additional cost, if any, of the delivered SNG in excess of 2.015% of the average annual inflation-adjusted amounts paid by all gas distribution customers in connection with natural gas service during the 5 years ending May 31, 2010.
(1) The clean coal SNG brownfield facility monthly shall calculate (A) the difference between the monthly delivered SNG price and the Chicago City-gate price, by comparing the delivered SNG price, which shall include the cost of transportation to the delivery point, if any, to the Chicago City-gate price on a weighted daily basis for each day of the prior month based upon a mutually agreed SB0262 Enrolled - 203 - LRB100 05183 HLH 15193 b upon published index and (B) the overage amount, if any, by calculating the annualized incremental additional cost, if any, of the delivered SNG in excess of 2.015% of the average annual inflation-adjusted amounts paid by all gas distribution customers in connection with natural gas service during the 5 years ending May 31, 2010.
(A) to the extent that the monthly delivered SNG price is less than or equal to the Chicago City-gate SB0262 Engrossed - 204 - LRB100 05183 HLH 15193 b price, calculated using the weighted average of the daily Chicago City-gate price on a daily basis over the entire month, the utility shall credit the difference, if any, to the consumer protection reserve account.
(A) to the extent that the monthly delivered SNG price is less than or equal to the Chicago City-gate price, calculated using the weighted average of the daily Chicago City-gate price on a daily basis over the SB0262 Enrolled - 204 - LRB100 05183 HLH 15193 b entire month, the utility shall credit the difference, if any, to the consumer protection reserve account.
provided, however, that under no SB0262 Engrossed - 205 - LRB100 05183 HLH 15193 b circumstances shall the total cumulative amount distributed to the clean coal SNG brownfield facility under this subparagraph (B) exceed $150,000,000;
provided, however, that under no circumstances shall the total cumulative amount distributed to the clean coal SNG brownfield facility SB0262 Enrolled - 205 - LRB100 05183 HLH 15193 b under this subparagraph (B) exceed $150,000,000;
provided, however, that if retail customers have not realized such net consumer savings, no such distribution shall be made to the clean coal SNG brownfield facility, and 100% of such additional amounts shall be credited to the retail customers to SB0262 Engrossed - 206 - LRB100 05183 HLH 15193 b the extent the consumer protection reserve account exceeds the consumer protection reserve account principal maximum amount.
provided, however, that if retail customers have not realized such net consumer savings, no such distribution shall be made to the clean coal SNG brownfield facility, and 100% of such additional amounts shall be credited to the retail customers to the extent the consumer protection reserve account exceeds the consumer protection reserve account SB0262 Enrolled - 206 - LRB100 05183 HLH 15193 b principal maximum amount.
(6) If, at the conclusion of the term of the sourcing agreement, the customers have not saved the minimum $100,000,000 in savings as guaranteed in this subsection (h-2) and the consumer protection reserve account has been SB0262 Engrossed - 207 - LRB100 05183 HLH 15193 b depleted, then the clean coal SNG brownfield facility shall be liable for any remaining amount owed to the retail customers to the extent that the customers are provided with the $100,000,000 in savings as guaranteed in this subsection (h-2).
(6) If, at the conclusion of the term of the sourcing agreement, the customers have not saved the minimum $100,000,000 in savings as guaranteed in this subsection (h-2) and the consumer protection reserve account has been depleted, then the clean coal SNG brownfield facility shall be liable for any remaining amount owed to the retail SB0262 Enrolled - 207 - LRB100 05183 HLH 15193 b customers to the extent that the customers are provided with the $100,000,000 in savings as guaranteed in this subsection (h-2).
SB0262 Engrossed - 208 - LRB100 05183 HLH 15193 b (C) the amounts credited to consumers and distributed to the clean coal SNG brownfield facility during the month;
(C) the amounts credited to consumers and distributed to the clean coal SNG brownfield facility SB0262 Enrolled - 208 - LRB100 05183 HLH 15193 b during the month;
SB0262 Engrossed - 209 - LRB100 05183 HLH 15193 b The Commission shall publish an annual summary of the reports prior to February 1 of the following year.
The Commission shall publish an annual summary of the reports prior to February 1 of the following year.
The annual summary shall be made available to the public on the Commission's website and shall be submitted to the General Assembly.
The SB0262 Enrolled - 209 - LRB100 05183 HLH 15193 b annual summary shall be made available to the public on the Commission's website and shall be submitted to the General Assembly.
(1) A capital recovery charge approved by the Commission shall be recoverable by the clean coal SNG SB0262 Engrossed - 210 - LRB100 05183 HLH 15193 b brownfield facility under a sourcing agreement.
(1) A capital recovery charge approved by the Commission shall be recoverable by the clean coal SNG brownfield facility under a sourcing agreement.
The capital recovery charge shall be comprised of capital costs and a reasonable rate of return.
The capital recovery charge shall be comprised of capital costs SB0262 Enrolled - 210 - LRB100 05183 HLH 15193 b and a reasonable rate of return.
The Capital Development Board shall retain an SB0262 Engrossed - 211 - LRB100 05183 HLH 15193 b engineering expert to assist in determining both the range of capital costs and the range of operations and maintenance costs that it believes would be reasonable for the clean coal SNG brownfield facility to recover under the sourcing agreement.
The Capital Development Board shall retain an engineering expert to assist in determining both the range of capital costs and the range of operations and SB0262 Enrolled - 211 - LRB100 05183 HLH 15193 b maintenance costs that it believes would be reasonable for the clean coal SNG brownfield facility to recover under the sourcing agreement.
SB0262 Engrossed - 212 - LRB100 05183 HLH 15193 b (iv) expertise in assisting companies with obtaining financing for large-scale energy projects, which may be particularized to the specific type of financing associated with the clean coal SNG brownfield facility;
(iv) expertise in assisting companies with obtaining financing for large-scale energy SB0262 Enrolled - 212 - LRB100 05183 HLH 15193 b projects, which may be particularized to the specific type of financing associated with the clean coal SNG brownfield facility;
The Capital Development Board shall make its final determination of the range of capital costs confidentially and shall submit that range to the Commission in a confidential filing within 120 days after July 13, 2011 (the effective date of Public Act SB0262 Engrossed - 213 - LRB100 05183 HLH 15193 b 97-096).
The Capital Development Board shall make its final determination of the range of capital costs confidentially and shall submit that range to the Commission in a confidential filing within 120 days after July 13, 2011 (the effective date of Public Act 97-096).
The clean coal SNG brownfield facility shall submit to the Commission its estimate of the capital costs to be recovered under the sourcing agreement.
The clean coal SNG brownfield facility shall submit to the Commission its estimate of the capital SB0262 Enrolled - 213 - LRB100 05183 HLH 15193 b costs to be recovered under the sourcing agreement.
The Capital Development Board shall monitor the SB0262 Engrossed - 214 - LRB100 05183 HLH 15193 b construction of the clean coal SNG brownfield facility for the full duration of construction to assess potential cost overruns.
The Capital Development Board shall monitor the construction of the clean coal SNG brownfield facility for the full duration of construction to assess SB0262 Enrolled - 214 - LRB100 05183 HLH 15193 b potential cost overruns.
The Commission shall post notice of the hearing on its website no later than 10 days prior to SB0262 Engrossed - 215 - LRB100 05183 HLH 15193 b the date of the hearing.
The Commission shall post notice of the hearing on its website no later than 10 days prior to the date of the hearing.
The Commission shall provide the public and all interested parties, including the gas utilities, the Attorney General, and the Illinois Power Agency, an opportunity to be heard.
The Commission shall provide the public and all interested parties, including the SB0262 Enrolled - 215 - LRB100 05183 HLH 15193 b gas utilities, the Attorney General, and the Illinois Power Agency, an opportunity to be heard.
Within 30 days after obtaining debt financing for the clean coal SNG SB0262 Engrossed - 216 - LRB100 05183 HLH 15193 b brownfield facility, the clean coal SNG brownfield facility shall file a notice with the Commission identifying the actual cost of debt.
Within 30 days after obtaining debt financing for the clean coal SNG brownfield facility, the clean coal SNG brownfield facility shall file a notice with the Commission SB0262 Enrolled - 216 - LRB100 05183 HLH 15193 b identifying the actual cost of debt.
In addition, the Capital Development Board may SB0262 Engrossed - 217 - LRB100 05183 HLH 15193 b consult as much as it deems necessary with the clean coal SNG brownfield facility and conduct whatever research and investigation it deems necessary.
In addition, the Capital Development Board may consult as much as it deems necessary with the clean coal SNG brownfield facility and conduct whatever research and SB0262 Enrolled - 217 - LRB100 05183 HLH 15193 b investigation it deems necessary.
In the event that the estimate submitted by the clean coal SNG brownfield facility is within or below the range submitted by the Capital Development Board, the clean coal SNG SB0262 Engrossed - 218 - LRB100 05183 HLH 15193 b brownfield facility's estimate shall be approved by the Commission as the amount of operations and maintenance costs to be recovered under the sourcing agreement.
In the event that the estimate submitted by the clean coal SNG brownfield facility is within or below the range submitted by the Capital Development Board, the clean coal SNG brownfield facility's estimate shall be approved by the Commission as the amount of operations and maintenance SB0262 Enrolled - 218 - LRB100 05183 HLH 15193 b costs to be recovered under the sourcing agreement.
(3) Sequestration costs approved by the Commission shall be recoverable by the clean coal SNG brownfield SB0262 Engrossed - 219 - LRB100 05183 HLH 15193 b facility.
(3) Sequestration costs approved by the Commission shall be recoverable by the clean coal SNG brownfield facility.
"Sequestration costs" means costs to be incurred by the clean coal SNG brownfield facility in accordance with its Commission-approved carbon capture and sequestration plan to:
"Sequestration costs" means costs to be incurred by the clean coal SNG brownfield facility in accordance SB0262 Enrolled - 219 - LRB100 05183 HLH 15193 b with its Commission-approved carbon capture and sequestration plan to:
Once made, the Commission's determination SB0262 Engrossed - 220 - LRB100 05183 HLH 15193 b of the amount of recoverable sequestration costs shall not be increased unless the clean coal SNG brownfield facility can show by clear and convincing evidence that (i) the costs were not reasonably foreseeable;
Once made, the Commission's determination of the amount of recoverable sequestration costs shall not be increased unless the clean coal SNG brownfield facility SB0262 Enrolled - 220 - LRB100 05183 HLH 15193 b can show by clear and convincing evidence that (i) the costs were not reasonably foreseeable;
If the Commission fails to approve a feedstock procurement plan or fails to approve the results of a feedstock procurement event, then the fuel shall be purchased by the company month-by-month on the spot market and those actual delivered and processed fuel costs shall be recoverable SB0262 Engrossed - 221 - LRB100 05183 HLH 15193 b under the sourcing agreement.
If the Commission fails to approve a feedstock procurement plan or fails to approve the results of a feedstock procurement event, then the fuel shall be purchased by the company month-by-month on the spot market and those actual delivered and processed fuel costs shall be recoverable under the sourcing agreement.
If a supplier defaults under the terms of a procurement contract, then the Illinois Power Agency shall immediately initiate a feedstock procurement process to obtain a replacement supply, and, prior to the conclusion of that process, fuel shall be purchased by the company month-by-month on the spot market and those actual delivered and processed fuel costs shall be recoverable under the sourcing agreement.
If a supplier defaults under the terms of a procurement contract, then the Illinois SB0262 Enrolled - 221 - LRB100 05183 HLH 15193 b Power Agency shall immediately initiate a feedstock procurement process to obtain a replacement supply, and, prior to the conclusion of that process, fuel shall be purchased by the company month-by-month on the spot market and those actual delivered and processed fuel costs shall be recoverable under the sourcing agreement.
The SB0262 Engrossed - 222 - LRB100 05183 HLH 15193 b Commission shall receive and consider the application for rehearing and shall grant or deny the application in whole or in part within 20 days after the date of the receipt of the application by the Commission.
The Commission shall receive and consider the application for rehearing and shall grant or deny the application in whole SB0262 Enrolled - 222 - LRB100 05183 HLH 15193 b or in part within 20 days after the date of the receipt of the application by the Commission.
Any experts retained to assist with calculating the range of capital costs or operations and maintenance costs shall be retained no later than 45 days SB0262 Engrossed - 223 - LRB100 05183 HLH 15193 b after July 13, 2011.
Any experts retained to assist with calculating the range of capital costs or operations and maintenance costs shall be retained no later than 45 days after July 13, 2011.
(h-4) No later than 90 days after the Illinois Power Agency submits the final draft sourcing agreement pursuant to subsection (h-1), the Commission shall approve a sourcing agreement containing (i) the capital costs, rate of return, and operations and maintenance costs established pursuant to subsection (h-3) and (ii) all other terms and conditions, rights, provisions, exceptions, and limitations contained in the final draft sourcing agreement;
(h-4) No later than 90 days after the Illinois Power Agency SB0262 Enrolled - 223 - LRB100 05183 HLH 15193 b submits the final draft sourcing agreement pursuant to subsection (h-1), the Commission shall approve a sourcing agreement containing (i) the capital costs, rate of return, and operations and maintenance costs established pursuant to subsection (h-3) and (ii) all other terms and conditions, rights, provisions, exceptions, and limitations contained in the final draft sourcing agreement;
(A) All contracts entered into under subsection (h) of this Section and all sourcing agreements under subsection (h-1) of this Section, regardless of duration, shall require the owner of any facility supplying SNG under the contract or sourcing agreement to provide certified documentation to the Commission each year, starting in the SB0262 Engrossed - 224 - LRB100 05183 HLH 15193 b facility's first year of commercial operation, accurately reporting the quantity of carbon dioxide emissions from the facility that have been captured and sequestered and reporting any quantities of carbon dioxide released from the site or sites at which carbon dioxide emissions were sequestered in prior years, based on continuous monitoring of those sites.
(A) All contracts entered into under subsection (h) of this Section and all sourcing agreements under subsection (h-1) of this Section, regardless of duration, shall require the owner of any facility supplying SNG under the contract or sourcing agreement to provide certified documentation to the Commission each year, starting in the facility's first year of commercial operation, accurately reporting the quantity of carbon dioxide emissions from the SB0262 Enrolled - 224 - LRB100 05183 HLH 15193 b facility that have been captured and sequestered and reporting any quantities of carbon dioxide released from the site or sites at which carbon dioxide emissions were sequestered in prior years, based on continuous monitoring of those sites.
If the analysis shows that the SB0262 Engrossed - 225 - LRB100 05183 HLH 15193 b actual annual cost is greater than the penalty, then the penalty shall be increased to equal the actual cost.
If the analysis shows that the actual annual cost is greater than the penalty, then the penalty shall be increased to equal the actual cost.
Provided, however, to the extent that the owner of the facility described in subsection (h) of this Section can demonstrate that the failure was as a result of acts of God (including fire, flood, earthquake, tornado, lightning, hurricane, or other natural disaster);
SB0262 Enrolled - 225 - LRB100 05183 HLH 15193 b Provided, however, to the extent that the owner of the facility described in subsection (h) of this Section can demonstrate that the failure was as a result of acts of God (including fire, flood, earthquake, tornado, lightning, hurricane, or other natural disaster);
If the owner of the clean SB0262 Engrossed - 226 - LRB100 05183 HLH 15193 b coal SNG facility captured and sequestered more than 90% of the total carbon dioxide emissions that the facility would otherwise emit, then the owner of the facility may credit such additional amounts to reduce the amount of any future penalty to be paid.
If the owner of the clean coal SNG facility captured and sequestered more than 90% of the total carbon dioxide emissions that the facility would SB0262 Enrolled - 226 - LRB100 05183 HLH 15193 b otherwise emit, then the owner of the facility may credit such additional amounts to reduce the amount of any future penalty to be paid.
Compliance with the sequestration requirements and any penalty requirements specified in this subsection (h-5) for the clean coal SNG facility shall be assessed annually by the Commission, which may in its discretion retain an SB0262 Engrossed - 227 - LRB100 05183 HLH 15193 b expert to facilitate its assessment.
Compliance with the sequestration requirements and any penalty requirements specified in this subsection (h-5) for the clean coal SNG facility shall be assessed annually by the Commission, which may in its discretion retain an expert to facilitate its assessment.
If any expert is retained by the Commission, then the clean coal SNG facility shall pay for the expert's reasonable fees, and such costs shall not be passed through to the utility or its customers.
If any expert is retained by the Commission, then the clean coal SNG SB0262 Enrolled - 227 - LRB100 05183 HLH 15193 b facility shall pay for the expert's reasonable fees, and such costs shall not be passed through to the utility or its customers.
The responsibility for compliance with the sequestration requirements specified in this subsection (h-5) for the clean coal SNG facility shall reside solely with the clean coal SNG facility, regardless of whether the SB0262 Engrossed - 228 - LRB100 05183 HLH 15193 b facility has contracted with another party to capture, transport, or sequester carbon dioxide.
The responsibility for compliance with the sequestration requirements specified in this subsection (h-5) for the clean coal SNG facility shall reside solely with the clean coal SNG facility, regardless of whether the facility has contracted with another party to capture, transport, or sequester carbon dioxide.
(C) If, in any year, the owner of a clean coal SNG brownfield facility fails to demonstrate that the clean coal SNG brownfield facility captured and sequestered at least 85% of the total carbon dioxide emissions that the facility would otherwise emit, then the owner of the clean coal SNG brownfield facility must pay a penalty of $20 per ton of excess carbon emissions up to $20,000,000, which shall be deposited into the Energy Efficiency Trust Fund and distributed pursuant to subsection (b) of Section 6-6 of the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997.
SB0262 Enrolled - 228 - LRB100 05183 HLH 15193 b (C) If, in any year, the owner of a clean coal SNG brownfield facility fails to demonstrate that the clean coal SNG brownfield facility captured and sequestered at least 85% of the total carbon dioxide emissions that the facility would otherwise emit, then the owner of the clean coal SNG brownfield facility must pay a penalty of $20 per ton of excess carbon emissions up to $20,000,000, which shall be deposited into the Energy Efficiency Trust Fund and distributed pursuant to subsection (b) of Section 6-6 of the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997.
or embargo, the owner of the clean coal SNG brownfield facility shall not be subject to a penalty if and only if (i) it promptly SB0262 Engrossed - 229 - LRB100 05183 HLH 15193 b provides notice of its failure to the Commission;
or embargo, the owner of the clean coal SNG brownfield facility shall not be subject to a penalty if and only if (i) it promptly provides notice of its failure to the Commission;
(ii) as soon as practicable and consistent with any order or direction from the Commission, it submits to the Commission proposed modifications to its carbon capture and sequestration plan;
(ii) as soon as practicable and consistent with any order or SB0262 Enrolled - 229 - LRB100 05183 HLH 15193 b direction from the Commission, it submits to the Commission proposed modifications to its carbon capture and sequestration plan;
By entering into a sourcing agreement pursuant to subsection (h-1) of this Section, the clean SB0262 Engrossed - 230 - LRB100 05183 HLH 15193 b coal SNG brownfield facility agrees to waive any objections to venue or to the jurisdiction of the court with regard to the Attorney General's action for specific performance under this subsection (h-5).
By entering into a sourcing agreement pursuant to subsection (h-1) of this Section, the clean coal SNG brownfield facility agrees to waive any objections to venue or to the jurisdiction of the court with regard to SB0262 Enrolled - 230 - LRB100 05183 HLH 15193 b the Attorney General's action for specific performance under this subsection (h-5).
(h-7) Sequestration permitting, oversight, and SB0262 Engrossed - 231 - LRB100 05183 HLH 15193 b investigations.
(h-7) Sequestration permitting, oversight, and investigations.
(1) No clean coal facility or clean coal SNG brownfield facility may transport or sequester carbon dioxide unless the Commission approves the method of carbon dioxide transportation or sequestration.
(1) No clean coal facility or clean coal SNG brownfield SB0262 Enrolled - 231 - LRB100 05183 HLH 15193 b facility may transport or sequester carbon dioxide unless the Commission approves the method of carbon dioxide transportation or sequestration.
In determining whether sequestration is reasonable and cost-effective, the Commission may consult with the Illinois State Geological Survey and retain third parties to assist in its determination, provided that such third parties shall not own or control any direct or indirect interest in the facility that is proposing the carbon dioxide transportation or the carbon dioxide SB0262 Engrossed - 232 - LRB100 05183 HLH 15193 b sequestration method and shall have no contractual relationship with that facility.
In determining whether sequestration is reasonable and cost-effective, the Commission may consult with the Illinois State Geological Survey and retain third parties to assist in its determination, provided that such third parties shall not own or control any direct or indirect interest in the facility that is proposing the carbon dioxide transportation or the carbon dioxide sequestration method and shall have no contractual relationship with that facility.
If a third party is retained by the Commission, then the facility proposing the carbon dioxide transportation or sequestration method shall pay for the expert's reasonable fees, and these costs shall not be passed through to a utility or its customers.
If a third party is SB0262 Enrolled - 232 - LRB100 05183 HLH 15193 b retained by the Commission, then the facility proposing the carbon dioxide transportation or sequestration method shall pay for the expert's reasonable fees, and these costs shall not be passed through to a utility or its customers.
(ii) an Underground Injection Control permit from the Illinois Department of SB0262 Engrossed - 233 - LRB100 05183 HLH 15193 b Natural Resources pursuant to the Illinois Oil and Gas Act;
(ii) an Underground Injection Control permit from the Illinois Department of Natural Resources pursuant to the Illinois Oil and Gas Act;
or (iii) an Underground Injection Control permit from the United States Environmental Protection Agency or a permit similar to items (i) or (ii) from the state in which the sequestration site is located if the sequestration will take place outside of Illinois.
or (iii) an Underground Injection Control permit from the SB0262 Enrolled - 233 - LRB100 05183 HLH 15193 b United States Environmental Protection Agency or a permit similar to items (i) or (ii) from the state in which the sequestration site is located if the sequestration will take place outside of Illinois.
If the Illinois Environmental Protection Agency determines at any time a carbon dioxide sequestration site creates SB0262 Engrossed - 234 - LRB100 05183 HLH 15193 b conditions that warrant the institution of a civil action for an injunction under Section 43 of the Environmental Protection Act, then the Illinois Environmental Protection Agency shall request the State's Attorney or the Attorney General institute such action.
If the Illinois Environmental Protection Agency determines at any time a carbon dioxide sequestration site creates conditions that warrant the institution of a civil action for an injunction under Section 43 of the Environmental SB0262 Enrolled - 234 - LRB100 05183 HLH 15193 b Protection Act, then the Illinois Environmental Protection Agency shall request the State's Attorney or the Attorney General institute such action.
or (3) deny the clean coal SNG brownfield facility full cost and revenue recovery as provided under those sourcing agreements that are recoverable pursuant to subsection SB0262 Engrossed - 235 - LRB100 05183 HLH 15193 b (h-3) of this Section.
or (3) deny the clean coal SNG brownfield facility full cost and revenue recovery as provided under those sourcing agreements that are recoverable pursuant to subsection (h-3) of this Section.
These pledges are for the benefit of the parties to those sourcing agreements and the issuers and holders of bonds or other obligations issued or incurred to finance or refinance the clean coal SNG brownfield facility.
These pledges are for the benefit of the parties to those SB0262 Enrolled - 235 - LRB100 05183 HLH 15193 b sourcing agreements and the issuers and holders of bonds or other obligations issued or incurred to finance or refinance the clean coal SNG brownfield facility.
The clean coal SNG brownfield facility shall have the right to recover prudently incurred increased costs or reduced revenue resulting from the new or amendatory legislation or other action as described in this SB0262 Engrossed - 236 - LRB100 05183 HLH 15193 b subsection (h-9).
The clean coal SNG brownfield facility shall have the right to recover prudently incurred increased costs or reduced revenue resulting from the new or amendatory legislation or other action as described in this subsection (h-9).
(h-10) Contract costs for SNG incurred by an Illinois gas utility are reasonable and prudent and recoverable through the purchased gas adjustment clause and are not subject to review or disallowance by the Commission.
(h-10) Contract costs for SNG incurred by an Illinois gas SB0262 Enrolled - 236 - LRB100 05183 HLH 15193 b utility are reasonable and prudent and recoverable through the purchased gas adjustment clause and are not subject to review or disallowance by the Commission.
Any contract, the terms of which have been confirmed in writing by the Illinois Power Agency as set forth in subsection (h) of this Section and the performance of the parties under such contract cannot be grounds for challenging prudence or cost recovery by the utility through the purchased SB0262 Engrossed - 237 - LRB100 05183 HLH 15193 b gas adjustment clause, and in such cases, the Commission is directed not to consider, and has no authority to consider, any attempted challenges.
Any contract, the terms of which have been confirmed in writing by the Illinois Power Agency as set forth in subsection (h) of this Section and the performance of the parties under such contract cannot be grounds for challenging prudence or cost recovery by the utility through the purchased gas adjustment clause, and in such cases, the Commission is directed not to consider, and has no authority to consider, any SB0262 Enrolled - 237 - LRB100 05183 HLH 15193 b attempted challenges.
(h-11) All costs incurred by an Illinois gas utility in procuring SNG from a clean coal SNG brownfield facility pursuant to subsection (h-1) or a third-party marketer pursuant SB0262 Engrossed - 238 - LRB100 05183 HLH 15193 b to subsection (h-1) are reasonable and prudent and recoverable through the purchased gas adjustment clause in conjunction with a SNG brownfield facility rider mechanism and are not subject to review or disallowance by the Commission;
(h-11) All costs incurred by an Illinois gas utility in procuring SNG from a clean coal SNG brownfield facility pursuant to subsection (h-1) or a third-party marketer pursuant to subsection (h-1) are reasonable and prudent and recoverable through the purchased gas adjustment clause in conjunction with SB0262 Enrolled - 238 - LRB100 05183 HLH 15193 b a SNG brownfield facility rider mechanism and are not subject to review or disallowance by the Commission;
The clean coal SNG facility shall establish a reconciliation account for the benefit of the SB0262 Engrossed - 239 - LRB100 05183 HLH 15193 b retail customers of the utilities that have entered into contracts with the clean coal SNG facility pursuant to subsection (h).
The clean coal SNG facility shall establish a reconciliation account for the benefit of the retail customers of the utilities that have entered into contracts with the clean coal SNG facility pursuant to SB0262 Enrolled - 239 - LRB100 05183 HLH 15193 b subsection (h).
(ii) the average annual natural gas purchase cost, which shall be calculated as the total annual supply costs paid for baseload natural gas (excluding any SNG) purchased by such utility over the preceding 12 months plus the costs of transportation and storage services of such natural gas (excluding such costs for SNG), divided by the total number of MMbtus of baseload natural gas (excluding SNG) actually purchased by the SB0262 Engrossed - 240 - LRB100 05183 HLH 15193 b utility during the year;
(ii) the average annual natural gas purchase cost, which shall be calculated as the total annual supply costs paid for baseload natural gas (excluding any SNG) purchased by such utility over the preceding 12 months plus the costs of transportation and storage services of such natural gas (excluding such costs for SNG), divided by the total number of MMbtus of baseload natural gas (excluding SNG) actually purchased by the utility during the year;
(iii) the cost differential, which shall be the difference between the average annual contract SNG cost and the average annual natural gas purchase cost;
(iii) the cost differential, which shall be the difference between the average annual contract SB0262 Enrolled - 240 - LRB100 05183 HLH 15193 b SNG cost and the average annual natural gas purchase cost;
(B) To the extent the annual average contract SNG cost is greater than the annual average natural gas purchase cost, the reconciliation account shall be used to provide a credit equal to the revenue share target to the utilities to be used to reduce the SB0262 Engrossed - 241 - LRB100 05183 HLH 15193 b utility's natural gas costs through the purchased gas adjustment clause.
(B) To the extent the annual average contract SNG cost is greater than the annual average natural gas purchase cost, the reconciliation account shall be used to provide a credit equal to the revenue share target to the utilities to be used to reduce the utility's natural gas costs through the purchased gas adjustment clause.
Such payment shall be made within 30 days after the completed analysis pursuant to this subsection (h-15), but only to the extent that the reconciliation account has a positive balance.
Such payment shall be made within 30 SB0262 Enrolled - 241 - LRB100 05183 HLH 15193 b days after the completed analysis pursuant to this subsection (h-15), but only to the extent that the reconciliation account has a positive balance.
If, at the conclusion of the term of the contracts pursuant to subsection (h) and the completion of the final annual analysis pursuant to this subsection (h-15), the SB0262 Engrossed - 242 - LRB100 05183 HLH 15193 b facility owes any amount to retail customers and the account has been depleted, then the clean coal SNG facility shall be liable for any remaining amount owed to the retail customers.
If, at the conclusion of the term of the contracts pursuant to subsection (h) and the completion of the final annual analysis pursuant to this subsection (h-15), the facility owes any amount to retail customers and the account has been depleted, then the clean coal SNG facility SB0262 Enrolled - 242 - LRB100 05183 HLH 15193 b shall be liable for any remaining amount owed to the retail customers.
(3) 50% of all additional net revenue, defined as miscellaneous net revenue after cost allowance and above SB0262 Engrossed - 243 - LRB100 05183 HLH 15193 b the budgeted estimate established for revenue pursuant to subsection (h), including sale of substitute natural gas derived from the clean coal SNG facility above the nameplate capacity of the facility and other by-products produced by the facility, shall be credited to the reconciliation account on an annual basis with such payment made within 30 days after the end of each calendar year during the term of the contract.
(3) 50% of all additional net revenue, defined as miscellaneous net revenue after cost allowance and above the budgeted estimate established for revenue pursuant to subsection (h), including sale of substitute natural gas SB0262 Enrolled - 243 - LRB100 05183 HLH 15193 b derived from the clean coal SNG facility above the nameplate capacity of the facility and other by-products produced by the facility, shall be credited to the reconciliation account on an annual basis with such payment made within 30 days after the end of each calendar year during the term of the contract.
SB0262 Engrossed - 244 - LRB100 05183 HLH 15193 b When any report is erroneous or defective or appears to the Commission to be erroneous or defective, the Commission may notify the clean coal SNG facility to amend the report within 30 days;
When any report is erroneous or defective or appears to the Commission to be erroneous or defective, the Commission may SB0262 Enrolled - 244 - LRB100 05183 HLH 15193 b notify the clean coal SNG facility to amend the report within 30 days;
SB0262 Engrossed - 245 - LRB100 05183 HLH 15193 b Any person who willfully makes any false report to the Commission or to any member, officer, or employee thereof, any person who willfully in a report withholds or fails to provide material information to which the Commission is entitled under this paragraph (4) and which information is either required to be filed by statute, rule, regulation, order, or decision of the Commission or has been requested by the Commission, and any person who willfully aids or abets such person shall be guilty of a Class A misdemeanor.
Any person who willfully makes any false report to the Commission or to any member, officer, or employee thereof, any SB0262 Enrolled - 245 - LRB100 05183 HLH 15193 b person who willfully in a report withholds or fails to provide material information to which the Commission is entitled under this paragraph (4) and which information is either required to be filed by statute, rule, regulation, order, or decision of the Commission or has been requested by the Commission, and any person who willfully aids or abets such person shall be guilty of a Class A misdemeanor.
(h-25) The State of Illinois pledges that the State may not enact any law or take any action to (1) break or repeal the authority for SNG purchase contracts entered into between SB0262 Engrossed - 246 - LRB100 05183 HLH 15193 b public gas utilities and the clean coal SNG facility pursuant to subsection (h) of this Section or (2) deny public gas utilities their full cost recovery for contract costs, as defined in subsection (h-10), that are incurred under such SNG purchase contracts.
(h-25) The State of Illinois pledges that the State may not enact any law or take any action to (1) break or repeal the authority for SNG purchase contracts entered into between public gas utilities and the clean coal SNG facility pursuant to subsection (h) of this Section or (2) deny public gas SB0262 Enrolled - 246 - LRB100 05183 HLH 15193 b utilities their full cost recovery for contract costs, as defined in subsection (h-10), that are incurred under such SNG purchase contracts.
SB0262 Engrossed - 247 - LRB100 05183 HLH 15193 b 98-463, eff.
98-463, eff.
8-16-13.) Section 145.
8-16-13.) SB0262 Enrolled - 247 - LRB100 05183 HLH 15193 b Section 145.
(b) At least 10% of the total amount of all State contracts for the infrastructure improvement of any race track grounds in SB0262 Engrossed - 248 - LRB100 05183 HLH 15193 b this State shall be let to minority-owned minority owned businesses or women-owned female owned businesses.
(b) At least 10% of the total amount of all State contracts for the infrastructure improvement of any race track grounds in this State shall be let to minority-owned minority owned businesses or women-owned female owned businesses.
"State contract", "minority-owned minority owned business" and "women-owned female owned business" shall have the meanings ascribed to them under the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
"State SB0262 Enrolled - 248 - LRB100 05183 HLH 15193 b contract", "minority-owned minority owned business" and "women-owned female owned business" shall have the meanings ascribed to them under the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
SB0262 Engrossed - 249 - LRB100 05183 HLH 15193 b When setting the goals for the award of contracts, the Board shall not include contracts where:
When setting the goals for the award of contracts, the Board shall not include contracts where:
(1) licensees are purchasing goods or services from vendors or suppliers or in markets where there are no or a limited number of minority-owned minority owned businesses, women-owned women owned businesses, or businesses owned by persons with disabilities that would be sufficient to satisfy the goal;
(1) licensees are purchasing SB0262 Enrolled - 249 - LRB100 05183 HLH 15193 b goods or services from vendors or suppliers or in markets where there are no or a limited number of minority-owned minority owned businesses, women-owned women owned businesses, or businesses owned by persons with disabilities that would be sufficient to satisfy the goal;
The Board shall grant the waiver where the organization licensee or inter-track wagering licensee demonstrates that there has been made a good faith effort to comply with the goals for participation by minority-owned minority owned businesses, women-owned female SB0262 Engrossed - 250 - LRB100 05183 HLH 15193 b owned businesses, and businesses owned by persons with disabilities.
The Board shall grant the waiver where the organization licensee or inter-track wagering licensee demonstrates that there has been made a good faith effort to comply with the goals for participation by minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by persons with disabilities.
(e) If the Board determines that its goals and policies are not being met by any organization licensee or inter-track wagering licensee, then the Board may:
SB0262 Enrolled - 250 - LRB100 05183 HLH 15193 b (e) If the Board determines that its goals and policies are not being met by any organization licensee or inter-track wagering licensee, then the Board may:
(C) elimination of extended experience or capitalization requirements, when programmatically feasible, to permit participation of minority-owned minority owned businesses, women-owned female owned SB0262 Engrossed - 251 - LRB100 05183 HLH 15193 b businesses, and businesses owned by persons with disabilities;
(C) elimination of extended experience or capitalization requirements, when programmatically feasible, to permit participation of minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by persons with disabilities;
(D) identification of specific proposed contracts as particularly attractive or appropriate for participation by minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by persons with disabilities, such identification to result from and be coupled with the efforts of items (A) through (C);
SB0262 Enrolled - 251 - LRB100 05183 HLH 15193 b (D) identification of specific proposed contracts as particularly attractive or appropriate for participation by minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by persons with disabilities, such identification to result from and be coupled with the efforts of items (A) through (C);
(3) an analysis of the level of overall goal achievement concerning purchases from minority-owned minority owned businesses, women-owned female owned SB0262 Engrossed - 252 - LRB100 05183 HLH 15193 b businesses, and businesses owned by persons with disabilities;
(3) an analysis of the level of overall goal achievement concerning purchases from minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by persons with disabilities;
(4) an analysis of the number of minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by persons with disabilities that are certified under the program as well as the number of those businesses that received State procurement contracts;
SB0262 Enrolled - 252 - LRB100 05183 HLH 15193 b (4) an analysis of the number of minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by persons with disabilities that are certified under the program as well as the number of those businesses that received State procurement contracts;
(c) "Gambling game" includes, but is not limited to, baccarat, twenty-one, poker, craps, slot machine, video game of chance, roulette wheel, klondike table, punchboard, faro layout, keno layout, numbers ticket, push card, jar ticket, or SB0262 Engrossed - 253 - LRB100 05183 HLH 15193 b pull tab which is authorized by the Board as a wagering device under this Act.
(c) "Gambling game" includes, but is not limited to, baccarat, twenty-one, poker, craps, slot machine, video game of chance, roulette wheel, klondike table, punchboard, faro layout, keno layout, numbers ticket, push card, jar ticket, or pull tab which is authorized by the Board as a wagering device under this Act.
(d) "Riverboat" means a self-propelled excursion boat, a permanently moored barge, or permanently moored barges that are permanently fixed together to operate as one vessel, on which lawful gambling is authorized and licensed as provided in this Act.
SB0262 Enrolled - 253 - LRB100 05183 HLH 15193 b (d) "Riverboat" means a self-propelled excursion boat, a permanently moored barge, or permanently moored barges that are permanently fixed together to operate as one vessel, on which lawful gambling is authorized and licensed as provided in this Act.
(l) "License bid" means the lump sum amount of money that an applicant bids and agrees to pay the State in return for an SB0262 Engrossed - 254 - LRB100 05183 HLH 15193 b owners license that is re-issued on or after July 1, 2003.
(l) "License bid" means the lump sum amount of money that an applicant bids and agrees to pay the State in return for an owners license that is re-issued on or after July 1, 2003.
(m) The terms "minority person", "woman female", and "person with a disability" shall have the same meaning as defined in Section 2 of the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
(m) The terms "minority person", "woman female", and SB0262 Enrolled - 254 - LRB100 05183 HLH 15193 b "person with a disability" shall have the same meaning as defined in Section 2 of the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
From the effective date of this amendatory Act of the 95th General Assembly until (i) 3 years after the effective date of this amendatory Act of the 95th General Assembly, (ii) the date any organization licensee begins to operate a slot machine or video game of chance under the Illinois Horse Racing Act of 1975 or this Act, (iii) the date that payments begin under subsection (c-5) of Section 13 of the Act, or (iv) the wagering tax imposed under Section 13 of this Act is increased by law to reflect a tax rate that is at least as stringent or more stringent than the tax rate contained in SB0262 Engrossed - 255 - LRB100 05183 HLH 15193 b subsection (a-3) of Section 13, whichever occurs first, as a condition of licensure and as an alternative source of payment for those funds payable under subsection (c-5) of Section 13 of the Riverboat Gambling Act, any owners licensee that holds or receives its owners license on or after the effective date of this amendatory Act of the 94th General Assembly, other than an owners licensee operating a riverboat with adjusted gross receipts in calendar year 2004 of less than $200,000,000, must pay into the Horse Racing Equity Trust Fund, in addition to any other payments required under this Act, an amount equal to 3% of the adjusted gross receipts received by the owners licensee.
From the effective date of this amendatory Act of the 95th General Assembly until (i) 3 years after the effective date of this amendatory Act of the 95th General Assembly, (ii) the date any organization licensee begins to operate a slot machine or video game of chance under the Illinois Horse Racing Act of 1975 or this Act, (iii) the date that payments begin under subsection (c-5) of Section 13 of the Act, or (iv) the wagering tax imposed under Section 13 of this Act is increased by law to reflect a tax rate that is at least as stringent or more stringent than the tax rate contained in subsection (a-3) of Section 13, whichever occurs first, as a condition of licensure and as an alternative source of payment SB0262 Enrolled - 255 - LRB100 05183 HLH 15193 b for those funds payable under subsection (c-5) of Section 13 of the Riverboat Gambling Act, any owners licensee that holds or receives its owners license on or after the effective date of this amendatory Act of the 94th General Assembly, other than an owners licensee operating a riverboat with adjusted gross receipts in calendar year 2004 of less than $200,000,000, must pay into the Horse Racing Equity Trust Fund, in addition to any other payments required under this Act, an amount equal to 3% of the adjusted gross receipts received by the owners licensee.
(5) a person defined in (1), (2), (3) or (4) is an SB0262 Engrossed - 256 - LRB100 05183 HLH 15193 b officer, director or managerial employee of the firm or corporation;
(5) a person defined in (1), (2), (3) or (4) is an officer, director or managerial employee of the firm or corporation;
(6) the firm or corporation employs a person defined in (1), (2), (3) or (4) who participates in the management or operation of gambling operations authorized under this Act;
SB0262 Enrolled - 256 - LRB100 05183 HLH 15193 b (6) the firm or corporation employs a person defined in (1), (2), (3) or (4) who participates in the management or operation of gambling operations authorized under this Act;
(A) controls, directly or indirectly, such applicant, or (B) is controlled, directly or indirectly, by such SB0262 Engrossed - 257 - LRB100 05183 HLH 15193 b applicant or by a person which controls, directly or indirectly, such applicant;
(A) controls, directly or indirectly, such applicant, or (B) is controlled, directly or indirectly, by such applicant or by a person which controls, directly or indirectly, such applicant;
(2) the facilities or proposed facilities for the conduct of riverboat gambling;
SB0262 Enrolled - 257 - LRB100 05183 HLH 15193 b (2) the facilities or proposed facilities for the conduct of riverboat gambling;
SB0262 Engrossed - 258 - LRB100 05183 HLH 15193 b (e) The Board may issue up to 10 licenses authorizing the holders of such licenses to own riverboats.
(e) The Board may issue up to 10 licenses authorizing the holders of such licenses to own riverboats.
In the application for an owners license, the applicant shall state the dock at which the riverboat is based and the water on which the riverboat will be located.
In the application SB0262 Enrolled - 258 - LRB100 05183 HLH 15193 b for an owners license, the applicant shall state the dock at which the riverboat is based and the water on which the riverboat will be located.
In determining the water upon which riverboats will operate, the Board shall consider the economic benefit which riverboat gambling confers on the State, and shall seek to assure that all regions of the State share in the SB0262 Engrossed - 259 - LRB100 05183 HLH 15193 b economic benefits of riverboat gambling.
In determining the water upon which riverboats will operate, the Board shall consider the economic benefit which riverboat gambling confers on the State, and shall seek to assure that all regions of the State share in the economic benefits of riverboat gambling.
In granting all licenses, the Board may give favorable consideration to economically depressed areas of the State, to applicants presenting plans which provide for significant economic development over a large geographic area, and to applicants who currently operate non-gambling riverboats in Illinois.
In granting all licenses, the Board may give favorable SB0262 Enrolled - 259 - LRB100 05183 HLH 15193 b consideration to economically depressed areas of the State, to applicants presenting plans which provide for significant economic development over a large geographic area, and to applicants who currently operate non-gambling riverboats in Illinois.
SB0262 Engrossed - 260 - LRB100 05183 HLH 15193 b (g) Upon the termination, expiration, or revocation of each of the first 10 licenses, which shall be issued for a 3 year period, all licenses are renewable annually upon payment of the fee and a determination by the Board that the licensee continues to meet all of the requirements of this Act and the Board's rules.
(g) Upon the termination, expiration, or revocation of each of the first 10 licenses, which shall be issued for a 3 year SB0262 Enrolled - 260 - LRB100 05183 HLH 15193 b period, all licenses are renewable annually upon payment of the fee and a determination by the Board that the licensee continues to meet all of the requirements of this Act and the Board's rules.
All use, occupation and excise taxes which apply to the sale of food and beverages in this State and all taxes imposed on the sale or use of tangible personal property apply to such sales aboard the SB0262 Engrossed - 261 - LRB100 05183 HLH 15193 b riverboat.
All use, occupation and excise taxes which apply to the sale of food and beverages in this State and all taxes imposed on the sale or use of tangible personal property apply to such sales aboard the riverboat.
(j) The Board may issue or re-issue a license authorizing a riverboat to dock in a municipality or approve a relocation under Section 11.2 only if, prior to the issuance or re-issuance of the license or approval, the governing body of the municipality in which the riverboat will dock has by a majority vote approved the docking of riverboats in the municipality.
(j) The Board may issue or re-issue a license authorizing a SB0262 Enrolled - 261 - LRB100 05183 HLH 15193 b riverboat to dock in a municipality or approve a relocation under Section 11.2 only if, prior to the issuance or re-issuance of the license or approval, the governing body of the municipality in which the riverboat will dock has by a majority vote approved the docking of riverboats in the municipality.
(a) If an owners license terminates or expires without renewal or the Board revokes or determines not to renew an owners license (including, without limitation, an owners license for a licensee that was not conducting riverboat gambling operations on January 1, 1998) and that revocation or determination is final, the Board may re-issue such license to a qualified applicant pursuant to an open and competitive bidding process, as set forth in Section 7.5, and subject to SB0262 Engrossed - 262 - LRB100 05183 HLH 15193 b the maximum number of authorized licenses set forth in Section 7(e).
(a) If an owners license terminates or expires without renewal or the Board revokes or determines not to renew an owners license (including, without limitation, an owners license for a licensee that was not conducting riverboat gambling operations on January 1, 1998) and that revocation or determination is final, the Board may re-issue such license to a qualified applicant pursuant to an open and competitive bidding process, as set forth in Section 7.5, and subject to the maximum number of authorized licenses set forth in Section 7(e).
(b) To be a qualified applicant, a person, firm, or corporation cannot be ineligible to receive an owners license under Section 7(a) and must submit an application for an owners license that complies with Section 6.
SB0262 Enrolled - 262 - LRB100 05183 HLH 15193 b (b) To be a qualified applicant, a person, firm, or corporation cannot be ineligible to receive an owners license under Section 7(a) and must submit an application for an owners license that complies with Section 6.
(e) Re-issued owners licenses shall be subject to annual license fees as provided for in Section 7(a) and shall be SB0262 Engrossed - 263 - LRB100 05183 HLH 15193 b governed by the provisions of Sections 7(f), (g), (h), and (i).
(e) Re-issued owners licenses shall be subject to annual license fees as provided for in Section 7(a) and shall be governed by the provisions of Sections 7(f), (g), (h), and (i).
6-20-03.) (230 ILCS 10/7.4) Sec.
6-20-03.) SB0262 Enrolled - 263 - LRB100 05183 HLH 15193 b (230 ILCS 10/7.4) Sec.
SB0262 Engrossed - 264 - LRB100 05183 HLH 15193 b (3) the person has submitted an application for a license under this Act which contains false information;
(3) the person has submitted an application for a license under this Act which contains false information;
(4) the person is a member of the Board;
SB0262 Enrolled - 264 - LRB100 05183 HLH 15193 b (4) the person is a member of the Board;
(g) The managers license shall be for a term not to exceed 10 years, shall be renewable at the Board's option, and shall contain such terms and provisions as the Board deems necessary to protect or enhance the credibility and integrity of State SB0262 Engrossed - 265 - LRB100 05183 HLH 15193 b gambling operations, achieve the highest prospective total revenue to the State, and otherwise serve the interests of the citizens of Illinois.
(g) The managers license shall be for a term not to exceed 10 years, shall be renewable at the Board's option, and shall contain such terms and provisions as the Board deems necessary to protect or enhance the credibility and integrity of State gambling operations, achieve the highest prospective total revenue to the State, and otherwise serve the interests of the SB0262 Enrolled - 265 - LRB100 05183 HLH 15193 b citizens of Illinois.
Each owners licensee must make every effort to meet the goals SB0262 Engrossed - 266 - LRB100 05183 HLH 15193 b established by the Board pursuant to this Section.
Each owners licensee must make every effort to meet the goals established by the Board pursuant to this Section.
When setting the goals for the award of contracts, the Board shall not include contracts where:
When setting the goals for the award of contracts, the Board shall not SB0262 Enrolled - 266 - LRB100 05183 HLH 15193 b include contracts where:
The Board shall grant the waiver where the owners licensee demonstrates that there has been made a good faith effort to comply with the goals for participation by minority-owned minority owned businesses, women-owned female owned businesses, and SB0262 Engrossed - 267 - LRB100 05183 HLH 15193 b businesses owned by persons with disabilities.
The Board shall grant the waiver where the owners licensee demonstrates that there has been made a good faith effort to comply with the goals for participation by minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by persons with disabilities.
(e) If the Board determines that its goals and policies are not being met by any owners licensee, then the Board may:
(e) If the Board determines that its goals and policies are SB0262 Enrolled - 267 - LRB100 05183 HLH 15193 b not being met by any owners licensee, then the Board may:
SB0262 Engrossed - 268 - LRB100 05183 HLH 15193 b (D) identification of specific proposed contracts as particularly attractive or appropriate for participation by minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by persons with disabilities, such identification to result from and be coupled with the efforts of items (A) through (C);
(D) identification of specific proposed contracts as particularly attractive or appropriate for SB0262 Enrolled - 268 - LRB100 05183 HLH 15193 b participation by minority-owned minority owned businesses, women-owned female owned businesses, and businesses owned by persons with disabilities, such identification to result from and be coupled with the efforts of items (A) through (C);
SB0262 Engrossed - 269 - LRB100 05183 HLH 15193 b (a) A licensee that was not conducting riverboat gambling on January 1, 1998 may apply to the Board for renewal and approval of relocation to a new home dock location authorized under Section 3(c) and the Board shall grant the application and approval upon receipt by the licensee of approval from the new municipality or county, as the case may be, in which the licensee wishes to relocate pursuant to Section 7(j).
(a) A licensee that was not conducting riverboat gambling on January 1, 1998 may apply to the Board for renewal and SB0262 Enrolled - 269 - LRB100 05183 HLH 15193 b approval of relocation to a new home dock location authorized under Section 3(c) and the Board shall grant the application and approval upon receipt by the licensee of approval from the new municipality or county, as the case may be, in which the licensee wishes to relocate pursuant to Section 7(j).
(415 ILCS 5/14.7) (This Section may contain text from a Public Act with a SB0262 Engrossed - 270 - LRB100 05183 HLH 15193 b delayed effective date) Sec.
(415 ILCS 5/14.7) (This Section may contain text from a Public Act with a delayed effective date) Sec.
(a) The Agency shall adopt rules governing certain corrosion prevention projects carried out on community water supplies.
SB0262 Enrolled - 270 - LRB100 05183 HLH 15193 b (a) The Agency shall adopt rules governing certain corrosion prevention projects carried out on community water supplies.
(A) protective coatings personnel to carry out corrosion prevention and mitigation methods on exposed water treatment tanks, exposed non-concrete water SB0262 Engrossed - 271 - LRB100 05183 HLH 15193 b treatment structures, exposed water treatment pipe galleys;
(A) protective coatings personnel to carry out corrosion prevention and mitigation methods on exposed water treatment tanks, exposed non-concrete water treatment structures, exposed water treatment pipe galleys;
the Agency shall not limit to protective coatings personnel any other work relating to prevention and mitigation methods on any other water treatment appurtenances where protective coatings are utilized for corrosion control and prevention to prolong the life of the water utility asset;
the Agency SB0262 Enrolled - 271 - LRB100 05183 HLH 15193 b shall not limit to protective coatings personnel any other work relating to prevention and mitigation methods on any other water treatment appurtenances where protective coatings are utilized for corrosion control and prevention to prolong the life of the water utility asset;
"Corrosion" means a naturally occurring phenomenon commonly defined as the deterioration of a metal that results SB0262 Engrossed - 272 - LRB100 05183 HLH 15193 b from a chemical or electrochemical reaction with its environment.
"Corrosion" means a naturally occurring phenomenon commonly defined as the deterioration of a metal that results from a chemical or electrochemical reaction with its environment.
"Corrosion prevention and mitigation methods" means the preparation, application, installation, removal, or general maintenance as necessary of a protective coating system, including any or more of the following:
SB0262 Enrolled - 272 - LRB100 05183 HLH 15193 b "Corrosion prevention and mitigation methods" means the preparation, application, installation, removal, or general maintenance as necessary of a protective coating system, including any or more of the following:
(d) Each contract procured pursuant to the Illinois Procurement Code for the provision of services covered by this Section (1) shall comply with applicable provisions of the Illinois Procurement Code and (2) shall include provisions for reporting participation by minority persons, as defined by SB0262 Engrossed - 273 - LRB100 05183 HLH 15193 b Section 2 of the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act;
(d) Each contract procured pursuant to the Illinois Procurement Code for the provision of services covered by this Section (1) shall comply with applicable provisions of the Illinois Procurement Code and (2) shall include provisions for reporting participation by minority persons, as defined by Section 2 of the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act;
women females, as defined by Section 2 of the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act;
women females, as SB0262 Enrolled - 273 - LRB100 05183 HLH 15193 b defined by Section 2 of the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act;
(c) The competitive request for proposals process shall, at SB0262 Engrossed - 274 - LRB100 05183 HLH 15193 b a minimum, take into account the following criteria:
(c) The competitive request for proposals process shall, at a minimum, take into account the following criteria:
(1) The offeror's plans for the Illiana Expressway project;
(1) The offeror's plans for the Illiana Expressway SB0262 Enrolled - 274 - LRB100 05183 HLH 15193 b project;
(e) The Department shall not include terms in the request for proposals that provide an advantage, whether directly or SB0262 Engrossed - 275 - LRB100 05183 HLH 15193 b indirectly, to any contractor presently providing goods, services, or equipment to the Department.
(e) The Department shall not include terms in the request for proposals that provide an advantage, whether directly or indirectly, to any contractor presently providing goods, services, or equipment to the Department.
(f) The Department shall select at least 2 offerors as finalists.
SB0262 Enrolled - 275 - LRB100 05183 HLH 15193 b (f) The Department shall select at least 2 offerors as finalists.
SB0262 Engrossed - 276 - LRB100 05183 HLH 15193 b (3) a description of the agreement that may be awarded;
(3) a description of the agreement that may be awarded;
and (4) the recommendation that has been made to select an offeror as the contractor for the Illiana Expressway project.
and SB0262 Enrolled - 276 - LRB100 05183 HLH 15193 b (4) the recommendation that has been made to select an offeror as the contractor for the Illiana Expressway project.
SB0262 Engrossed - 277 - LRB100 05183 HLH 15193 b (a) Notwithstanding any provisions of the Illinois Procurement Code, the Department, on behalf of the State, shall select a contractor through a competitive request for proposals process governed by Section 2-30 of this Act.
(a) Notwithstanding any provisions of the Illinois Procurement Code, the Department, on behalf of the State, shall SB0262 Enrolled - 277 - LRB100 05183 HLH 15193 b select a contractor through a competitive request for proposals process governed by Section 2-30 of this Act.
(4) the offeror's ability to meet the utilization goals for business enterprises established in the Business SB0262 Engrossed - 278 - LRB100 05183 HLH 15193 b Enterprise for Minorities, Women Females, and Persons with Disabilities Act;
(4) the offeror's ability to meet the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act;
(5) the offeror's ability to comply with Section 2-105 of the Illinois Human Rights Act;
SB0262 Enrolled - 278 - LRB100 05183 HLH 15193 b (5) the offeror's ability to comply with Section 2-105 of the Illinois Human Rights Act;
The Department shall submit the offeror's statements of qualification and proposals to the Commission on Government Forecasting and Accountability and the Procurement Policy Board, which shall, within 30 days after the submission, complete a review of the statements of qualification and proposals and, jointly or separately, report on, at a minimum, the satisfaction of the criteria contained in the request for proposals, the qualifications of the offerors, and the value of SB0262 Engrossed - 279 - LRB100 05183 HLH 15193 b the proposals to the State.
The Department shall submit the offeror's statements of qualification and proposals to the Commission on Government Forecasting and Accountability and the Procurement Policy Board, which shall, within 30 days after the submission, complete a review of the statements of qualification and proposals and, jointly or separately, report on, at a minimum, the satisfaction of the criteria contained in the request for proposals, the qualifications of the offerors, and the value of the proposals to the State.
The Department shall not select an offeror as the contractor for the South Suburban Airport project until it has received and considered the findings of the Commission on Government Forecasting and Accountability and the Procurement Policy Board as set forth in their respective reports.
The Department shall not select an offeror as the contractor for the South Suburban Airport SB0262 Enrolled - 279 - LRB100 05183 HLH 15193 b project until it has received and considered the findings of the Commission on Government Forecasting and Accountability and the Procurement Policy Board as set forth in their respective reports.
(h) After the procedures required in this Section have been completed, the Department shall make a determination as to whether the offeror should be designated as the contractor for the South Suburban Airport project and shall submit the decision to the Governor and to the Governor's Office of SB0262 Engrossed - 280 - LRB100 05183 HLH 15193 b Management and Budget.
(h) After the procedures required in this Section have been completed, the Department shall make a determination as to whether the offeror should be designated as the contractor for the South Suburban Airport project and shall submit the decision to the Governor and to the Governor's Office of Management and Budget.
After review of the Department's determination, the Governor may accept or reject the determination.
After review of the Department's determination, the Governor may accept or reject the SB0262 Enrolled - 280 - LRB100 05183 HLH 15193 b determination.
The transportation agency is encouraged to use publication of the notice in related SB0262 Engrossed - 281 - LRB100 05183 HLH 15193 b construction industry service publications.
The transportation agency is encouraged to use publication of the notice in related construction industry service publications.
A brief description of the proposed procurement must be included in the notice.
A brief description of the proposed procurement must be included in the SB0262 Enrolled - 281 - LRB100 05183 HLH 15193 b notice.
(3) The transportation agency may include any other SB0262 Engrossed - 282 - LRB100 05183 HLH 15193 b relevant information in the request for qualifications that it chooses to supply.
(3) The transportation agency may include any other relevant information in the request for qualifications that it chooses to supply.
The private entity shall be entitled to rely upon the accuracy of this documentation in the development of its statement of qualifications and its proposal only to the extent expressly warranted by the transportation agency.
The private entity shall be entitled to rely SB0262 Enrolled - 282 - LRB100 05183 HLH 15193 b upon the accuracy of this documentation in the development of its statement of qualifications and its proposal only to the extent expressly warranted by the transportation agency.
(2) Each request for qualifications and request for SB0262 Engrossed - 283 - LRB100 05183 HLH 15193 b proposals shall also include a description of the level of design to be provided in the proposals.
(2) Each request for qualifications and request for proposals shall also include a description of the level of design to be provided in the proposals.
This description must include the scope and type of renderings, drawings, and specifications that, at a minimum, will be required by the transportation agency to be produced by the private entities.
This description must SB0262 Enrolled - 283 - LRB100 05183 HLH 15193 b include the scope and type of renderings, drawings, and specifications that, at a minimum, will be required by the transportation agency to be produced by the private entities.
Each request for qualifications shall establish the relative importance SB0262 Engrossed - 284 - LRB100 05183 HLH 15193 b assigned to each evaluation factor, including any weighting of criteria to be employed by the transportation agency.
Each request for qualifications shall establish the relative importance assigned to each evaluation factor, including any weighting of criteria to be employed by the transportation agency.
The transportation agency must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation.
The SB0262 Enrolled - 284 - LRB100 05183 HLH 15193 b transportation agency must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation.
The transportation agency may include any additional relevant criteria in the request for qualifications phase that it deems necessary for a proper SB0262 Engrossed - 285 - LRB100 05183 HLH 15193 b qualification review.
The transportation agency may include any additional relevant criteria in the request for qualifications phase that it deems necessary for a proper qualification review.
Upon completion of the qualifications evaluation, the transportation agency shall create a shortlist of the most highly qualified private entities.
Upon completion of the qualifications evaluation, the SB0262 Enrolled - 285 - LRB100 05183 HLH 15193 b transportation agency shall create a shortlist of the most highly qualified private entities.
(iii) compliance with the request for proposal requirements of products or materials SB0262 Engrossed - 286 - LRB100 05183 HLH 15193 b proposed;
(iii) compliance with the request for proposal requirements of products or materials proposed;
The transportation agency may include any additional relevant technical evaluation factors it deems necessary for proper selection.
The transportation agency may include any additional SB0262 Enrolled - 286 - LRB100 05183 HLH 15193 b relevant technical evaluation factors it deems necessary for proper selection.
Design-build proposals shall include a bid bond in the form SB0262 Engrossed - 287 - LRB100 05183 HLH 15193 b and security as designated in the request for proposals.
Design-build proposals shall include a bid bond in the form and security as designated in the request for proposals.
Proposals shall also contain a separate sealed envelope with the cost information within the overall proposal submission.
Proposals shall also contain a separate sealed envelope with SB0262 Enrolled - 287 - LRB100 05183 HLH 15193 b the cost information within the overall proposal submission.
Statements of qualifications and proposals may be SB0262 Engrossed - 288 - LRB100 05183 HLH 15193 b withdrawn prior to the due date and time for submissions for any cause.
Statements of qualifications and proposals may be withdrawn prior to the due date and time for submissions for any cause.
After evaluation begins by the transportation agency, clear and convincing evidence of error is required for withdrawal.
After evaluation begins by the transportation SB0262 Enrolled - 288 - LRB100 05183 HLH 15193 b agency, clear and convincing evidence of error is required for withdrawal.
A person who, in the course of business, willfully makes a false statement whether by affidavit, report or other representation, to an official or employee of a State agency or the Minority and Female Business Enterprise Council for Minorities, Women, and Persons with Disabilities for the purpose of influencing the certification or denial of certification of any business entity as a minority-owned minority owned business, women-owned SB0262 Engrossed - 289 - LRB100 05183 HLH 15193 b female owned business, service-disabled veteran-owned small business, or veteran-owned small business commits a Class 2 felony.
A person who, in the course of business, willfully makes a false statement whether by affidavit, report or other representation, to an official or employee of a State agency or the Minority and Female Business Enterprise Council for Minorities, Women, and Persons with Disabilities for the purpose of influencing the certification or denial of certification of any business entity as a minority-owned minority owned business, women-owned female owned business, service-disabled veteran-owned small business, or veteran-owned small business commits a Class 2 SB0262 Enrolled - 289 - LRB100 05183 HLH 15193 b felony.
As used in this Article, "minority-owned minority owned business", "women-owned female owned business", "State agency" with respect to minority-owned minority owned businesses and women-owned female owned businesses, and "certification" with respect to minority-owned minority owned SB0262 Engrossed - 290 - LRB100 05183 HLH 15193 b businesses and women-owned female owned businesses shall have the meanings ascribed to them in Section 2 of the Business Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
As used in this Article, "minority-owned minority owned business", "women-owned female owned business", "State agency" with respect to minority-owned minority owned businesses and women-owned female owned businesses, and "certification" with respect to minority-owned minority owned businesses and women-owned female owned businesses shall have the meanings ascribed to them in Section 2 of the Business SB0262 Enrolled - 290 - LRB100 05183 HLH 15193 b Enterprise for Minorities, Women Females, and Persons with Disabilities Act.
(c) "Change order" means a change in a contract term other than as specifically provided for in the contract which authorizes or necessitates any increase or decrease in the cost SB0262 Engrossed - 291 - LRB100 05183 HLH 15193 b of the contract or the time to completion.
(c) "Change order" means a change in a contract term other than as specifically provided for in the contract which authorizes or necessitates any increase or decrease in the cost of the contract or the time to completion.
(d) "Person" means any individual, firm, partnership, corporation, joint venture or other entity, but does not include a unit of State or local government.
(d) "Person" means any individual, firm, partnership, SB0262 Enrolled - 291 - LRB100 05183 HLH 15193 b corporation, joint venture or other entity, but does not include a unit of State or local government.
(h) "Prime contractor" means any person who has entered SB0262 Engrossed - 292 - LRB100 05183 HLH 15193 b into a public contract.
(h) "Prime contractor" means any person who has entered into a public contract.
(i) "Prime contractor employee" means any officer, partner, employee, or agent of a prime contractor.
(i) "Prime contractor employee" means any officer, SB0262 Enrolled - 292 - LRB100 05183 HLH 15193 b partner, employee, or agent of a prime contractor.
Annual report of domestic or foreign SB0262 Engrossed - 293 - LRB100 05183 HLH 15193 b corporation.
Annual report of domestic or foreign corporation.
Each domestic corporation organized under any general law or special act of this State authorizing the corporation to issue shares, other than homestead associations, building and loan associations, banks and insurance companies (which includes a syndicate or limited syndicate regulated under Article V 1/2 of the Illinois Insurance Code or member of a group of underwriters regulated under Article V of that Code), and each foreign corporation (except members of a group of underwriters regulated under Article V of the Illinois Insurance Code) authorized to transact business in this State, shall file, within the time prescribed by this Act, an annual report setting forth:
Each domestic corporation organized under any general law or special act of this State authorizing the SB0262 Enrolled - 293 - LRB100 05183 HLH 15193 b corporation to issue shares, other than homestead associations, building and loan associations, banks and insurance companies (which includes a syndicate or limited syndicate regulated under Article V 1/2 of the Illinois Insurance Code or member of a group of underwriters regulated under Article V of that Code), and each foreign corporation (except members of a group of underwriters regulated under Article V of the Illinois Insurance Code) authorized to transact business in this State, shall file, within the time prescribed by this Act, an annual report setting forth:
(f) A statement of the aggregate number of issued shares, itemized by classes, and series, if any, within a SB0262 Engrossed - 294 - LRB100 05183 HLH 15193 b class.
(f) A statement of the aggregate number of issued shares, itemized by classes, and series, if any, within a class.
(g) A statement, expressed in dollars, of the amount of paid-in capital of the corporation as defined in this Act.
(g) A statement, expressed in dollars, of the amount of SB0262 Enrolled - 294 - LRB100 05183 HLH 15193 b paid-in capital of the corporation as defined in this Act.
however, in the case of a domestic corporation that has not completed its first fiscal year, the statement with respect to property owned shall be as of the last day of the third month preceding the anniversary month and the statement with respect to business transacted shall be furnished for the period SB0262 Engrossed - 295 - LRB100 05183 HLH 15193 b between the date of incorporation and the last day of the third month preceding the anniversary month.
however, in the case of a domestic corporation that has not completed its first fiscal year, the statement with respect to property owned shall be as of the last day of the third month preceding the anniversary month and the statement with respect to business transacted shall be furnished for the period between the date of incorporation and the last day of the third month preceding the anniversary month.
In the case of a foreign corporation that has not been authorized to transact business in this State for a period of 12 months and has not commenced transacting business prior to obtaining authority, the statement with respect to property owned shall be as of the last day of the third month preceding the anniversary month and the statement with respect to business transacted shall be furnished for the period between the date of its authorization to transact business in this State and the last day of the third month preceding the anniversary month.
In the case of SB0262 Enrolled - 295 - LRB100 05183 HLH 15193 b a foreign corporation that has not been authorized to transact business in this State for a period of 12 months and has not commenced transacting business prior to obtaining authority, the statement with respect to property owned shall be as of the last day of the third month preceding the anniversary month and the statement with respect to business transacted shall be furnished for the period between the date of its authorization to transact business in this State and the last day of the third month preceding the anniversary month.
The annual report shall be made on forms prescribed and furnished by the Secretary of State, and the information SB0262 Engrossed - 296 - LRB100 05183 HLH 15193 b therein required by paragraphs (a) through (d), both inclusive, of this Section, shall be given as of the date of the execution of the annual report and the information therein required by paragraphs (e), (f) and (g) of this Section shall be given as of the last day of the third month preceding the anniversary month, except that the information required by paragraphs (e), (f) and (g) shall, in the case of a corporation which has established an extended filing month, be given in its final transition annual report and each subsequent annual report as of the close of its fiscal year immediately preceding its extended filing month.
The annual report shall be made on forms prescribed and furnished by the Secretary of State, and the information therein required by paragraphs (a) through (d), both inclusive, of this Section, shall be given as of the date of the execution SB0262 Enrolled - 296 - LRB100 05183 HLH 15193 b of the annual report and the information therein required by paragraphs (e), (f) and (g) of this Section shall be given as of the last day of the third month preceding the anniversary month, except that the information required by paragraphs (e), (f) and (g) shall, in the case of a corporation which has established an extended filing month, be given in its final transition annual report and each subsequent annual report as of the close of its fiscal year immediately preceding its extended filing month.
⬇ Download PDF
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 100-0391

  2. Effective Date August 25, 2017

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Concurs

  7. House Floor Amendment No. 1 Senate Concurs 055-000-000

  8. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 016-000-000

  9. House Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive

  10. House Floor Amendment No. 1 Motion to Concur Referred to Assignments

  11. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.

  12. Added Alternate Chief Co-Sponsor Rep. Melissa Conyears-Ervin

  13. Added Alternate Chief Co-Sponsor Rep. Theresa Mah

  14. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 31, 2017

  15. Secretary's Desk - Concurrence House Amendment(s) 1

  16. Added Alternate Chief Co-Sponsor Rep. Jehan Gordon-Booth

  17. Third Reading - Short Debate - Passed 110-000-000

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

  19. House Floor Amendment No. 1 Adopted

  20. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 005-000-000

  21. House Floor Amendment No. 1 Referred to Rules Committee

  22. House Floor Amendment No. 1 Filed with Clerk by Rep. William Davis

  23. Final Action Deadline Extended-9(b) May 31, 2017

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

  25. Second Reading - Short Debate

  26. Placed on Calendar 2nd Reading - Short Debate

  27. Do Pass / Short Debate State Government Administration Committee; 006-000-000

  28. Committee Deadline Extended-Rule 9(b) May 26, 2017

  29. Assigned to State Government Administration Committee

  30. Referred to Rules Committee

  31. First Reading

  32. Chief House Sponsor Rep. William Davis

  33. Arrived in House

  34. Senate Floor Amendment No. 5 Tabled Pursuant to Rule 5-4(a)

  35. Senate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)

  36. Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)

  37. Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  38. Third Reading - Passed; 052-000-000

  39. Added as Chief Co-Sponsor Sen. Kwame Raoul

  40. Added as Co-Sponsor Sen. Martin A. Sandoval

  41. Placed on Calendar Order of 3rd Reading

  42. Senate Floor Amendment No. 6 Adopted; Clayborne

  43. Senate Floor Amendment No. 4 Adopted; Clayborne

  44. Recalled to Second Reading

  45. Senate Floor Amendment No. 6 Be Approved for Consideration Assignments

  46. Senate Floor Amendment No. 4 Be Approved for Consideration Assignments

  47. Senate Floor Amendment No. 5 Pursuant to Senate Rule 3-8(b-1), this amendment will remain in the Committee on Assignments

  48. Senate Floor Amendment No. 4 Assignments Refers to Assignments

  49. Senate Floor Amendment No. 6 Referred to Assignments

  50. Senate Floor Amendment No. 6 Filed with Secretary by Sen. James F. Clayborne, Jr.

  51. Senate Floor Amendment No. 5 Referred to Assignments

  52. Senate Floor Amendment No. 5 Filed with Secretary by Sen. James F. Clayborne, Jr.

  53. Senate Floor Amendment No. 4 Assignments Refers to State Government

  54. Senate Floor Amendment No. 4 Referred to Assignments

  55. Senate Floor Amendment No. 4 Filed with Secretary by Sen. James F. Clayborne, Jr.

  56. Added as Co-Sponsor Sen. Kimberly A. Lightford

  57. Added as Co-Sponsor Sen. Donne E. Trotter

  58. Rule 2-10 Third Reading Deadline Established As May 31, 2017

  59. Senate Floor Amendment No. 3 Postponed - State Government

  60. Senate Floor Amendment No. 2 Postponed - State Government

  61. Placed on Calendar Order of 3rd Reading April 27, 2017

  62. Second Reading

  63. Senate Floor Amendment No. 3 Assignments Refers to State Government

  64. Senate Floor Amendment No. 3 Referred to Assignments

  65. Senate Floor Amendment No. 3 Filed with Secretary by Sen. James F. Clayborne, Jr.

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

  67. Added as Chief Co-Sponsor Sen. Mattie Hunter

  68. Senate Floor Amendment No. 2 Postponed - State Government

  69. Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-8(b-1), this amendment will remain in the Committee on Assignments.

  70. Senate Floor Amendment No. 2 Assignments Refers to State Government

  71. Senate Floor Amendment No. 2 Referred to Assignments

  72. Senate Floor Amendment No. 2 Filed with Secretary by Sen. James F. Clayborne, Jr.

  73. Senate Floor Amendment No. 1 Referred to Assignments

  74. Senate Floor Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.

  75. Placed on Calendar Order of 2nd Reading March 28, 2017

  76. Do Pass Executive; 014-000-000

  77. Chief Sponsor Changed to Sen. James F. Clayborne, Jr.

  78. Assigned to Executive

  79. Referred to Assignments

  80. First Reading

  81. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • Jr. James F. Clayborne · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • James F. Clayborne, Jr.

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"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, Amendment 1

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democrat 14000
Republican 8000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Clayborne — Yea
Connelly — Yea
Landek — Yea
Rooney — Yea
Link — Yea
McCann — Yea
McCarter — Yea
Harris — Yea
Bennett — Yea
McGuire — Yea
McConnaughay — Yea
Mulroe — Yea
Muñoz — Yea
Oberweis — Yea
Radogno — Yea
Silverstein — Not Voting
Brady — Yea
Steans — Yea
Cullerton — Yea
Trotter — Yea
Cullerton, T. — Yea
Haine — Not Voting
Hutchinson — Yea
Nybo — Yea
Raoul — Yea
Righter — Yea
Sandoval — Yea
Schimpf — Yea
Manar — Yea
Althoff — Not Voting
Martinez — Yea
Barickman — Yea
Van Pelt — Not Voting
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Jil Tracy Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Third Reading

Passed 110 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 68006
Republican 11001
Democrat 31001
Total 110008
% of votes cast 93%0%0%7%
How each member voted (118)
Member Party Vote
Batinick — Not Voting
Beiser — Yea
Bellock — Yea
Bourne — Yea
Breen — Yea
Butler — Yea
McAsey — Not Voting
Phelps — Yea
Greenwood — Yea
Long — Yea
McAuliffe — Yea
Harris, David — Yea
Sauer — Yea
Harris, Gregory — Yea
Bennett — Yea
McDermed — Yea
McSweeney — Yea
Hernandez — Yea
Reis — Yea
Sente — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Stewart — Yea
Jones — Yea
Stratton — Yea
Tabares — Yea
Thapedi — Yea
Turner — Yea
Unes — Yea
Wallace — Yea
Wehrli — Yea
Welter — Yea
Davis — Yea
Cavaletto — Yea
Conroy — Yea
Conyears-Ervin — Yea
Costello — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Drury — Yea
Hays — Yea
Jimenez — Yea
Mitchell, Bill — Yea
Madigan — Yea
Wheeler, Barbara — Yea
Mitchell, Christian — Yea
Wheeler, Keith — Yea
Williams — Yea
Olsen — Yea
Brady — Not Voting
Parkhurst — Yea
Willis — Yea
Winger — Yea
Yingling — Yea
Zalewski — Yea
Durkin — Yea
Flowers — Yea
Fortner — Yea
Frese — Yea
Ives — Not Voting
Nekritz — Yea
Hurley — Yea
Jesiel — Not Voting
Phillips — Yea
Pritchard — Yea
Riley — Yea
Skillicorn — Yea
Sommer — Yea
Soto — Yea
Lang — Yea
Andersson — Not Voting
Arroyo — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Not Voting
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Elgie R. Sims, Jr. 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
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Not Voting
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Dave Severin Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Third Reading

Passed 52 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 31006
Republican 7001
Democrat 14000
Total 52007
% of votes cast 88%0%0%12%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Not Voting
Biss — Yea
Bivins — Not Voting
Bush — Yea
McCann — Yea
McConnaughay — Yea
Mulroe — Yea
Muñoz — Yea
Righter — Yea
Rooney — Yea
Steans — Yea
Bennett — Yea
McGuire — Yea
Hutchinson — Yea
Brady — Yea
Landek — Yea
Link — Yea
Cullerton — Yea
Manar — Yea
McCarter — Not Voting
Harris — Not Voting
Cullerton, T. — Not Voting
Trotter — Yea
Clayborne — Yea
Connelly — Yea
Haine — Not Voting
Nybo — Yea
Oberweis — Yea
Radogno — Yea
Raoul — Yea
Sandoval — Yea
Schimpf — Yea
Silverstein — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Jil Tracy Republican Yea
Neil Anderson Republican Not Voting
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Subjects

taxation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 262 do?
Amends the Taxation Disclosure Act. Makes a technical change in a Section concerning the short title.
Who sponsors SB 262?
SB 262 is sponsored by James F. Clayborne, Jr..
What is the current status of SB 262?
This bill has been enacted into law. Introduced January 24, 2017. Enacted.
Where can I track SB 262?
Track SB 262 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 262

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 262

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →