There Is a Newer Version of the Illinois Compiled Statutes

2005 Illinois Code - Chapter 30 Finance 30 ILCS 575/ Business Enterprise for Minorities, Females, and Persons with Disabilities Act.

(30 ILCS 575/0.01)(from Ch. 127, par. 132.600)

(Section scheduled to be repealed on September 6, 2008)

Sec. 0.01.

Short title.

This Act may be
cited as the

Business Enterprise for Minorities, Females, and Persons with Disabilities Act.

(Source: P.A. 88‑597, eff. 8‑28‑94.)

(30 ILCS 575/1)(from Ch. 127, par. 132.601)

(Section scheduled to be repealed on September 6, 2008)

Sec. 1.

Purpose.

The State of Illinois declares that it is the public
policy of the State to promote and encourage the continuing economic
development of minority and female owned and operated businesses
and that
minority and female owned and operated businesses participate in the
State's procurement process as both prime and subcontractors.
The State
of Illinois has observed that the goals established in this
Act have served to increase the
participation of minority and female businesses
in contracts awarded by the
State.  The State hereby declares that
the adoption of this amendatory Act of 1989 shall serve the State's
continuing interest in promoting open access in the awarding of State
contracts to disadvantaged small business enterprises victimized by
discriminatory
practices.  Furthermore, after reviewing evidence of the high level of
attainment of the 10% minimum goals established under this Act, and, after
considering evidence that minority and 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 tailored means of promoting open access and thus the further
growth and development of minority and female businesses.

The State of Illinois further declares that it is the public policy of this
State to promote and encourage the continuous economic development of
businesses
owned by persons with disabilities and a 2% contracting goal is a narrowly
tailored means of promoting open access and thus the further growth and
development of those businesses.

(Source: P.A. 88‑597, eff. 8‑28‑94.)

(30 ILCS 575/2)(from Ch. 127, par. 132.602)

(Section scheduled to be repealed on September 6, 2008)

Sec. 2.

Definitions.

(A) For the purpose of this Act, the following
terms shall have the following definitions:

(1) "Minority person" shall mean a person who is a citizen or lawful
permanent resident of the United States and who is:

(a) African American (a person having origins in any

of the black racial groups in Africa);

(b) Hispanic (a person of Spanish or Portuguese

culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race);

(c) Asian American (a person having origins in any

of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); or

(d) Native American or Alaskan Native (a person

having origins in any of the original peoples of North America).

(2) "Female" shall mean a person who is a citizen or lawful permanent
resident of the United States and who is of the female gender.

(2.05) "Person with a disability" means a person who is a citizen or
lawful resident of the United States and is a person qualifying as being
disabled under subdivision (2.1) of this subsection (A).

(2.1) "Disabled" means a severe physical or mental disability that:

(a) results from:

amputation,

arthritis,

autism,

blindness,

burn injury,

cancer,

cerebral palsy,

cystic fibrosis,

deafness,

head injury,

heart disease,

hemiplegia,

hemophilia,

respiratory or pulmonary dysfunction,

mental retardation,

mental illness,

multiple sclerosis,

muscular dystrophy,

musculoskeletal disorders,

neurological disorders, including stroke and epilepsy,

paraplegia,

quadriplegia and other spinal cord conditions,

sickle cell anemia,

specific learning disabilities, or

end stage renal failure disease; and

(b) substantially limits one or more of the person's major life activities.

Another disability or combination of disabilities may also be considered
as a severe disability for the purposes of item (a) of this
subdivision (2.1) if it is determined by an evaluation of
rehabilitation potential to
cause a comparable degree of substantial functional limitation similar to
the specific list of disabilities listed in item (a) of this
subdivision (2.1).

(3) "Minority owned business" means a business concern which is at least
51% owned by one or more minority persons, or in the case of a
corporation, at least 51% of the stock in which is owned by one or
more minority persons; and the management and daily business operations of
which are controlled by one or more of the minority individuals who own it.

(4) "Female owned business" means a business concern which is at least
51% owned by one or more females, or, in the case of a corporation, at
least 51% of the stock in which is owned by one or more females; and the
management and daily business operations of which are controlled by one or
more of the females who own it.

(4.1) "Business owned by a person with a disability" means a business
concern
that is at least 51% owned by one or more persons with a disability
and the management and daily business operations of which
are controlled by one or more of the persons with disabilities who own it.  A
not‑for‑profit agency for persons with disabilities that is exempt from
taxation under Section 501 of the Internal Revenue Code of 1986 is also
considered a "business owned by a person with a disability".

(4.2) "Council" means the Business Enterprise Council for Minorities,
Females, and Persons with Disabilities created under Section 5 of this Act.

(5) "State contracts" shall mean all State contracts, funded exclusively
with State funds which are not subject to federal reimbursement, whether
competitively bid or negotiated as defined by the Secretary of the Council
and approved by the Council.

"State construction contracts" means all State contracts entered
into  by a State agency or State university for the repair, remodeling,
renovation or
construction of a building or structure, or for the construction or
maintenance of a highway defined in Article 2 of the Illinois Highway
Code.

(6) "State agencies" shall mean all departments, officers, boards,
commissions, institutions and bodies politic and corporate of the State,
but does not include the Board of Trustees of the University of Illinois,
the Board of Trustees of Southern Illinois University,
the Board of Trustees
of Chicago State University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State University, the Board of
Trustees of Illinois State University, the Board of Trustees of Northeastern
Illinois
University, the Board of Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University,
municipalities or other local governmental units, or other State constitutional
officers.

(7) "State universities" shall mean 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, and the Board of Trustees of Western Illinois
University.

(8) "Certification"  means a determination made by the Council
or by one delegated authority from the Council to make certifications, or by
a State agency with statutory authority to make such a certification, that a
business entity is a business owned by a
minority, female, or person with a disability for whatever
purpose.

(9) "Control" means the exclusive or ultimate and sole control of the
business including, but not limited to, capital investment and all other
financial matters, property, acquisitions, contract negotiations, legal
matters, officer‑director‑employee selection and comprehensive hiring,
operating responsibilities, cost‑control matters, income and dividend
matters, financial transactions and rights of other shareholders or joint
partners. Control shall be real, substantial and continuing, not pro forma.
Control shall include the power to direct or cause the direction of the
management and policies of the business and to make the day‑to‑day as well
as major decisions in matters of policy, management and operations.
Control shall be exemplified by possessing the requisite knowledge and
expertise to run the particular business and control shall not include
simple majority or absentee ownership.

(10) "Business concern or business" means a business which
has annual gross sales for the most recent fiscal year
of less than $27,000,000,
except that a firm with gross sales in excess
of that amount may apply to the Council for certification
for a particular
contract if the firm can demonstrate that the contract would have
significant impact on businesses owned by minorities,
females, or persons with disabilities as suppliers or
subcontractors or in employment of minorities, females, or persons with
disabilities.

(B) When a business concern is owned at least 51% by any combination of
minority persons, females, or persons with disabilities,
even though none of the 3 classes alone holds at least a 51% interest, the
ownership
requirement for purposes of this Act is considered to be met.  The
certification category for the business is that of the class holding the
largest ownership
interest in the business.  If 2 or more classes have equal ownership interests,
the certification category shall be determined by
the Department of Central Management Services.

(Source: P.A. 92‑670, eff. 7‑16‑02.)

(30 ILCS 575/3)(from Ch. 127, par. 132.603)

(Section scheduled to be repealed on September 6, 2008)

Sec. 3.

Implementation and applicability.

This Act shall be applied
to all State agencies and State universities.

(Source: P.A. 85‑729.)

(30 ILCS 575/4)(from Ch. 127, par. 132.604)

(Section scheduled to be repealed on September 6, 2008)

Sec. 4.

Award of State contracts.

(a) Except as provided in subsection (b), not less than 12% of
the total dollar amount of State contracts, as defined by the Secretary of
the Council and approved by the Council, shall be established as a goal to
be awarded to businesses owned by minorities,
females, and persons with disabilities; provided, however, that
contracts representing at least five‑twelfths of the total amount of all
State contracts awarded to businesses owned by
minorities, females, and persons with disabilities pursuant to
this Section shall be awarded to female owned businesses, and that
contracts representing at least one‑sixth of the total amount of all State
contracts awarded to businesses owned by
minorities, females, and persons with disabilities pursuant to this
Section shall be awarded to businesses owned by persons
with disabilities.

The above percentage relates to the total dollar amount of State
contracts during each State fiscal year, calculated by examining
independently each type of contract for each agency or university which
lets such contracts.  Only that percentage of arrangements which represents the participation of businesses owned by
minorities, females, and persons with disabilities on such contracts shall
be included.

(b) In the case of State construction contracts, the provisions of
subsection (a) requiring a portion of State contracts to be awarded to
businesses owned and controlled by persons with
disabilities do not apply.  Not less
than 10% of the total dollar amount of State construction contracts is
established as a goal to be awarded to minority and female owned
businesses, and contracts representing 50% of the amount of all State
construction contracts awarded to minority and female owned businesses
shall be awarded to female owned businesses.

(Source: P.A. 87‑701; 88‑597, eff. 8‑28‑94.)

(30 ILCS 575/5)(from Ch. 127, par. 132.605)

(Section scheduled to be repealed on September 6, 2008)

Sec. 5. Business Enterprise Council.

(1) To help implement, monitor and enforce the goals of this Act, there
is created the Business Enterprise Council for
Minorities, Females, and Persons with Disabilities, hereinafter
referred to as the Council, composed of the Secretary of Human Services and
the Directors of the Department of
Human Rights, the Department of Commerce and Economic Opportunity, the
Department of Central Management Services, the Department of Transportation and
the
Capital Development Board, or their duly appointed representatives.  Ten
individuals representing businesses that are minority or female owned or
owned by persons with disabilities, 2 individuals representing the business
community, and a representative of public
universities shall be appointed by the Governor.  These members shall serve 2
year terms and shall be eligible for reappointment.  Any vacancy occurring on
the Council shall also be filled by the Governor.  Any member appointed to fill
a vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder of such term.
Members of the Council shall serve without compensation but shall be reimbursed
for any ordinary and necessary expenses incurred in the performance of their
duties.

The Director of the Department of Central Management Services shall serve
as the Council chairperson and shall select, subject to approval of the
council, a Secretary responsible for the operation of the program who shall
serve as the Division Manager of the Business
Enterprise for Minorities, Females, and Persons with Disabilities Division
of the Department of Central Management Services.

The Director of each State agency and the chief executive officer of
each State university shall appoint a liaison to the Council.  The liaison
shall be responsible for submitting to the Council any reports and
documents necessary under this Act.

(2) The Council's authority and responsibility shall be to:

(a) Devise a certification procedure to assure that

businesses taking advantage of this Act are legitimately classified as businesses owned by minorities, females, or persons with disabilities.

(b) Maintain a list of all businesses legitimately

classified as businesses owned by minorities, females, or persons with disabilities to provide to State agencies and State universities.

(c) Review rules and regulations for the

implementation of the program for businesses owned by minorities, females, and persons with disabilities.

(d) Review compliance plans submitted by each State

agency and State university pursuant to this Act.

(e) Make annual reports as provided in Section 8f to

the Governor and the General Assembly on the status of the program.

(f) Serve as a central clearinghouse for information

on State contracts, including the maintenance of a list of all pending State contracts upon which businesses owned by minorities, females, and persons with disabilities may bid. At the Council's discretion, maintenance of the list may include 24‑hour electronic access to the list along with the bid and application information.

(g) Establish a toll free telephone number to

facilitate information requests concerning the certification process and pending contracts.

(3) No premium bond rate of a surety company for a bond required of a business owned by a minority, female, or person
with a disability bidding for a State contract shall be
higher than the lowest rate charged by that surety company for a similar
bond in the same classification of work that would be written for a business not owned by a minority,
female, or person with a disability.

(4) Any Council member who has direct financial or personal interest in
any measure pending before the Council shall disclose this fact to the
Council and refrain from participating in the determination upon such measure.

(5) The Secretary shall have the following duties and responsibilities:

(a) To be responsible for the day‑to‑day operation

of the Council.

(b) To serve as a coordinator for all of the State's

programs for businesses owned by minorities, females, and persons with disabilities and as the information and referral center for all State initiatives for businesses owned by minorities, females, and persons with disabilities.

(c) To establish an enforcement procedure whereby

the Council may recommend to the appropriate State legal officer that the State exercise its legal remedies which shall include (1) termination of the contract involved, (2) prohibition of participation by the respondent in public contracts for a period not to exceed one year,  (3) imposition of a penalty not to exceed any profit acquired as a result of violation, or (4) any combination thereof.  Such procedures shall require prior approval by Council.

(d) To devise appropriate policies, regulations and

procedures for including participation by businesses owned by minorities, females, and persons with disabilities as prime contractors including, but not limited to, (i) encouraging the inclusions of qualified businesses owned by minorities, 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.

(e) To devise procedures for the waiver of the

participation goals in appropriate circumstances.

(f) To accept donations and, with the approval of

the Council or the Director of Central Management Services, grants related to the purposes of this Act; to conduct seminars related to the purpose of this Act and to charge reasonable registration fees; and to sell directories, vendor lists and other such information to interested parties, except that forms necessary to become eligible for the program shall be provided free of charge to a business or individual applying for the program.

(Source: P.A. 94‑793, eff. 5‑19‑06.)

(30 ILCS 575/6)(from Ch. 127, par. 132.606)

(Section scheduled to be repealed on September 6, 2008)

Sec. 6.

Agency compliance plans.

Each State agency and State university
under the
jurisdiction of this Act
shall file
with the Council an annual compliance plan which shall outline the
goals of the State agency or State
university for contracting with businesses owned by minorities, females, and
persons with disabilities for the then current fiscal
year, the manner in which the agency intends to reach these goals and a
timetable for reaching these goals.  The Council shall review and approve
the plan of each State agency and State university and may reject any
plan that does
not comply with
this Act or any rules or regulations promulgated pursuant to this Act.

(a) The compliance plan shall also include, but not be limited to, (1) a
policy statement, signed by the State agency or State university head,
expressing a
commitment to
encourage the use of
businesses owned by
minorities, 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, 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 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, females, and persons with
disabilities.

(b) Approval of the compliance plans shall include such delegation of
responsibilities to the requesting State agency or State university as
the Council
deems necessary
and appropriate to fulfill the purpose of this Act. Such responsibilities
may include, but need not be limited to those outlined in subsections (1),
(2) and (3) of Section 7 and paragraph (a) of Section 8.

(c) Each State agency and State university under the jurisdiction of
this Act
shall
file with the Council an annual report of its utilization of businesses owned
by minorities, females, and persons with disabilities during the preceding fiscal year including lapse period spending
and a mid‑fiscal year report of its utilization to date for the then current
fiscal year.  The reports shall include a self‑evaluation of the efforts of the
State agency or State
university to meet its goals under the
Act.

(d) Notwithstanding any provisions to the contrary in this Act,
any State
agency or State university which administers a construction program,
for which federal law or regulations establish standards and procedures for
the utilization of minority, disadvantaged, and female‑owned business,
shall implement a disadvantaged business enterprise program to include
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.  In such cases, these goals shall not
exceed those established pursuant to the relevant federal statutes or
regulations.
Notwithstanding the provisions of Section 8b, the Illinois Department of
Transportation is authorized to establish sheltered markets for the
State‑funded portions of the program consistent with federal law and
regulations.
Additionally, a compliance plan which is filed by such State
agency or State university pursuant to this Act, which incorporates
equivalent terms and
conditions of its federally‑approved compliance plan, shall be deemed
approved under this Act.

(Source: P.A. 88‑377; 88‑597, eff. 8‑28‑94.)

(30 ILCS 575/6a)(from Ch. 127, par. 132.606a)

(Section scheduled to be repealed on September 6, 2008)

Sec. 6a.

Notice of contracts to Council.

Except in case of emergency as
defined in the Illinois
Purchasing Act, or as authorized by rule promulgated by the Department of
Central Management Services, each agency and State university under the
jurisdiction of
this Act shall notify the Secretary of the
Council
of proposed contracts
for professional and artistic services and provide the information in the
form and detail as required by rule promulgated by the Department of Central
Management Services.  Notification may be made through
direct written communication to the Secretary to be received at least 14 days
before execution of the contract (or the solicitation response date, if
applicable) or by advertising in the
official State newspaper for at least 3 days, the last of which must be at
least 10 days after the first publication.  The agency or university must
consider any vendor referred by the Secretary before execution of the
contract.  The provisions of this Section
shall not apply to any State agency or State university that has awarded
contracts for
professional and artistic services to businesses
owned by minorities, females, and persons with disabilities
totalling in the aggregate $5,000,000 or more during the preceding fiscal year.

(Source: P.A. 87‑628; 88‑377; 88‑597, eff. 8‑28‑94.)

(30 ILCS 575/7)(from Ch. 127, par. 132.607)

(Section scheduled to be repealed on September 6, 2008)

Sec. 7.

Exemptions and waivers.

(1) Individual contract exemptions.
The Council, on its own initiative or at the request of the affected agency
or university, 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 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.

(2) Class exemptions.  (a) Creation.  The Council, on its own initiative
or at the request of the affected agency or university, may permit an entire
class of
contracts be made exempt from State
contracting goals for businesses owned by minorities, females, and persons
with disabilities whenever there has been a determination, reduced to
writing and based on the best information available at the time of the
determination, that there is an insufficient number of qualified businesses owned by minorities, females, and persons with
disabilities to ensure adequate competition and an
expectation of reasonable prices on bids or proposals within that class.

(b) Limitation.  Any such class exemption shall not be permitted for a
period of more than one year at a time.

(3) Waivers.  Where a particular contract requires a contractor to meet
a goal established pursuant to this Act, the contractor shall have the right
to request a waiver from such requirements.  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 owned by minorities, females, and persons with
disabilities.

(4) Conflict with other laws.  In the event that any State contract, which
otherwise would be subject to the provisions of this Act, is or becomes
subject to federal laws or regulations which conflict with the provisions
of this Act or actions of the State taken pursuant hereto, the provisions
of the federal laws or regulations shall apply and the contract shall be
interpreted and enforced accordingly.

(Source: P.A. 88‑597, eff. 8‑28‑94.)

(30 ILCS 575/8)(from Ch. 127, par. 132.608)

(Section scheduled to be repealed on September 6, 2008)

Sec. 8.

Enforcement.

The Council shall make such findings, recommendations
and proposals to the Governor as are necessary and appropriate to enforce
this Act.  If, as a result of its monitoring activities, the Council determines
that its goals and policies are not being met by any State agency or
State university,
the Council
may recommend any or all of the following actions:

(a) Establish enforcement procedures whereby the Council may recommend
to the appropriate State agency, State university, or law enforcement
officer that legal or
administrative remedies be initiated for violations of contract provisions
or rules issued hereunder or by a contracting State agency or State
university.  State agencies and State universities
shall be authorized to adopt remedies for such violations which shall include
(1) termination of the contract involved, (2) prohibition of participation
of the respondents in public contracts for a period not to exceed one year,
(3) imposition of a penalty not to exceed any profit acquired as a result
of violation, or (4) any combination thereof.

(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, females, and persons with
disabilities within the then current fiscal year, the Council may recommend
that
the State agency or State university revise its plan to provide
additional
opportunities
for participation by businesses owned by minorities,
females, and persons with disabilities.  Such recommended revisions may
include, but shall not be limited to, the following:

(i) assurances of stronger and better focused

solicitation efforts to obtain more businesses owned by minorities, females, and persons with disabilities as potential sources of supply;

(ii) division of job or project requirements, when

economically feasible, into tasks or quantities to permit participation of businesses owned by minorities, females, and persons with disabilities;

(iii) elimination of extended experience or

capitalization requirements, when programmatically feasible, to permit participation of businesses owned by minorities, females, and persons with disabilities;

(iv) identification of specific proposed contracts

as particularly attractive or appropriate for participation by businesses owned by minorities, females, and persons with disabilities, such identification to result from and be coupled with the efforts of subparagraphs (i) through (iii);

(v) implementation of those regulations established

for the use of the sheltered market process.

(Source: P.A. 88‑377; 88‑597, eff. 8‑28‑94.)

(30 ILCS 575/8a)(from Ch. 127, par. 132.608a)

(Section scheduled to be repealed on September 6, 2008)

Sec. 8a.

Advance and progress payments.

Any contract awarded to a business
owned by a minority, female, or person with a disability
pursuant to this Act may contain a provision for advance or progress
payments, or both, except that a State construction contract awarded to a
minority or female owned business pursuant to this Act may contain a
provision for progress payments but may not contain a provision for
advance payments.

(Source: P.A. 88‑597, eff. 8‑28‑94.)

(30 ILCS 575/8b)(from Ch. 127, par. 132.608b)

(Section scheduled to be repealed on September 6, 2008)

Sec. 8b.

Scheduled council meetings; sheltered market.

The Council shall
conduct regular meetings to carry out its
responsibilities under this Act. At each of the regularly scheduled
meetings, time shall be allocated for the Council to receive, review and
discuss any evidence regarding past or present racial, ethnic or gender
based discrimination which directly impacts State contracting with businesses
owned by minorities, females, and persons with
disabilities. If after reviewing such evidence the Council
finds that there is or has been such discrimination against a specific
group, race or sex, the Council shall establish sheltered markets
or adjust existing sheltered markets
tailored to address the Council's specific findings.

"Sheltered market" shall mean a procurement procedure whereby certain
contracts are selected and specifically set aside for businesses owned by
minorities, females, and persons with
disabilities on a competitive bid or negotiated basis.

As part of the annual report which the Council must file pursuant to
paragraph (e) of subsection (2) of Section 5, the Council shall report on
any findings made pursuant to this Section.

(Source: P.A. 88‑597, eff. 8‑28‑94.)

(30 ILCS 575/8c)(from Ch. 127, par. 132.608c)

(Section scheduled to be repealed on September 6, 2008)

Sec. 8c.

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

(Source: P.A. 86‑269; 86‑270.)

(30 ILCS 575/8d)(from Ch. 127, par. 132.608d)

(Section scheduled to be repealed on September 6, 2008)

Sec. 8d.

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

(Source: P.A. 86‑269; 86‑270.)

(30 ILCS 575/8e)(from Ch. 127, par. 132.608e)

(Section scheduled to be repealed on September 6, 2008)

Sec. 8e.

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

(Source: P.A. 87‑369.)

(30 ILCS 575/8f)

(Section scheduled to be repealed on September 6, 2008)

Sec. 8f.

Annual report.

The Council shall file no later than March 1
of each year, an annual report that shall detail the level of achievement
toward the
goals specified in this Act over the 3 most recent fiscal years.  The annual
report shall include, but need not be limited to the following:

(1) a summary detailing State appropriations subject

to the goals, the actual goals specified, and the goals attained by each State agency and State university;

(2) a summary of the number of contracts awarded and

the average contract amount by each State agency and State university;

(3) an analysis of the level of overall goal

achievement concerning purchases from minority businesses, female‑owned businesses, and businesses owned by persons with disabilities;

(4) an analysis of the number of businesses owned by

minorities, females, and persons with disabilities that are certified under the program as well as the number of those businesses that received State procurement contracts; and

(5) a summary of the number of contracts awarded to

businesses with annual gross sales of less than $1,000,000; of $1,000,000 or more, but less than $5,000,000; of $5,000,000 or more, but less than $10,000,000; and of $10,000,000 or more.

(Source: P.A. 88‑597, eff. 8‑28‑94.)

(30 ILCS 575/9) (from Ch. 127, par. 132.609)

(Section scheduled to be repealed on September 6, 2008)

Sec. 9. This Act is repealed September 6, 2008.
(Source: P.A. 93‑1019, eff. 8‑24‑04.)

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