SB3249 EngrossedEnrolled LRB096 20466 JAM 36121 b AN ACT concerning State government.

Award or appropriation of capital funds.

Each award by grant,grant contract, or capitalloan agreement, and each line item appropriation, of State funds of $250,000 or more for capital construction,construction capitalcosts supplies, or capitalprofessional services is conditioned upon the recipient's written certification that the recipient shall comply with the business enterprise program practices for minority-owned businesses, female-owned businesses, and businesses owned by persons with disabilities of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act (30 ILCS 575/) and the equal employment practices of Section 2-105 of the Illinois Human Rights Act.Act (775 ILCS 5/2-105).

EachThis recipientSection, ofhowever, fundsdoes subjectnot apply to thisany Sectiongrant shallor submitloan the(i) businessfor enterprisewhich programa plangrant foror minority-ownedloan businesses,agreement female-ownedwas businesses,executed andbefore businessesthe ownedeffective bydate personsof withthis disabilitiesamendatory withAct of the relevant96th contractGeneral orAssembly, capital(ii) orfor grantwhich agreementprior-incurred orcosts withare thebeing firstreimbursed, voucheror (iii) for thea appropriatedfederally funds,funded asprogram under which the caserequirement mayof be.this Section would contravene federal law.

Each recipient shall submit the written SB3249 EngrossedEnrolled - 2 - LRB096 20466 JAM 36121 b Eachcertification and business enterprise program plan shallfor applyminority-owned onlybusinesses, tofemale-owned thebusinesses, State-funded portion of the relevant capital project and mustbusinesses beowned inby compliancepersons with alldisabilities certificationbefore andsigning other requirements of the Businessrelevant Enterprisegrant foror Minorities,loan Females,agreement. and Persons with Disabilities Act.

FinalEach disbursementgrant ofor fundsloan subjectagreement shall include a provision that the grant or loan recipient agrees to thiscomply Sectionwith isthe conditionedprovisions onof successfulthe complianceBusiness Enterprise for Minorities, Females, and Persons with Disabilities Act (30 ILCS 575/) and the recipient'sequal submittedemployment businesspractices enterpriseof programSection plan.2-105 of the Illinois Human Rights Act (775 ILCS 5/2-105).

Each business enterprise program plan shall apply only to the State-funded portion of the relevant capital project and must be in compliance with all certification and other requirements of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act.

The Council, on its own initiative or at the request of the affected agencyagency, or university, or recipient of a grant or loan of State funds of SB3249 Enrolled - 3 - LRB096 20466 JAM 36121 b $250,000 or more complying with Section 45 of the State Finance Act, may permit an individual contract or contract package, (related contracts being bid or awarded simultaneously for the same project or improvements) be made wholly or partially exempt from State contracting goals for businesses owned by minorities, females, and persons with disabilities prior to the advertisement for bids or solicitation of proposals whenever there has been a determination, reduced to writing and based on the best SB3249 Engrossed - 3 - LRB096 20466 JAM 36121 b information available at the time of the determination, that there is an insufficient number of businesses owned by minorities, females, and persons with disabilities to ensure adequate competition and an expectation of reasonable prices on bids or proposals solicited for the individual contract or contract package in question.

SB3249 Enrolled - 4 - LRB096 20466 JAM 36121 b (b) Limitation.

The Council shall grant the waiver where the contractor demonstrates that there has been made a good faith effort to comply with the goals for participation by businesses SB3249 Engrossed - 4 - LRB096 20466 JAM 36121 b owned by minorities, females, and persons with disabilities.

(i) the bidder's name, (ii) the bid amount, SB3249 Enrolled - 5 - LRB096 20466 JAM 36121 b (iii) the bid's percentage of disadvantaged business utilization plan, and (iv) the bid's percentage of business enterprise program utilization plan.

This Act takes effect Julyupon 1,becoming 2011.law.