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Rep. William Davis
Filed: 11/16/2010
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| 1 | | AMENDMENT TO HOUSE BILL 1453
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1453 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Business Enterprise for Minorities, |
| 5 | | Females, and Persons with
Disabilities Act is amended by |
| 6 | | changing Section 6 as follows:
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| 7 | | (30 ILCS 575/6) (from Ch. 127, par. 132.606)
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| 8 | | (Section scheduled to be repealed on June 30, 2012)
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| 9 | | Sec. 6. Agency compliance plans. Each State agency and |
| 10 | | State university
under the
jurisdiction of this Act
shall file
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| 11 | | with the Council an annual compliance plan which shall outline |
| 12 | | the
goals of the State agency or State
university for |
| 13 | | contracting with businesses owned by minorities, females, and
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| 14 | | persons with disabilities for the then current fiscal
year, the |
| 15 | | manner in which the agency intends to reach these goals and a
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| 16 | | timetable for reaching these goals. The Council shall review |
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| 1 | | and approve
the plan of each State agency and State university |
| 2 | | and may reject any
plan that does
not comply with
this Act or |
| 3 | | any rules or regulations promulgated pursuant to this Act.
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| 4 | | (a) The compliance plan shall also include, but not be |
| 5 | | limited to, (1) a
policy statement, signed by the State agency |
| 6 | | or State university head,
expressing a
commitment to
encourage |
| 7 | | the use of
businesses owned by
minorities, females, and persons |
| 8 | | with disabilities, (2) the designation of
the liaison
officer
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| 9 | | provided for in Section 5 of this Act, (3) procedures to |
| 10 | | distribute to
potential contractors and vendors the list of all |
| 11 | | businesses legitimately classified as businesses owned by
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| 12 | | minorities, females, and persons with disabilities and so |
| 13 | | certified under
this Act, (4) procedures to set
separate |
| 14 | | contract goals on specific prime contracts and purchase orders
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| 15 | | with subcontracting possibilities based upon the type of work |
| 16 | | or services
and subcontractor availability, (5) procedures to |
| 17 | | assure that contractors
and vendors make good faith efforts to |
| 18 | | meet contract goals, (6) procedures
for contract goal |
| 19 | | exemption, modification and waiver, and (7) the delineation
of |
| 20 | | separate contract goals for businesses owned by minorities, |
| 21 | | females, and persons with
disabilities.
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| 22 | | (b) Approval of the compliance plans shall include such |
| 23 | | delegation of
responsibilities to the requesting State agency |
| 24 | | or State university as
the Council
deems necessary
and |
| 25 | | appropriate to fulfill the purpose of this Act. Such |
| 26 | | responsibilities
may include, but need not be limited to those |
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| 1 | | outlined in subsections (1),
(2) and (3) of Section 7 and |
| 2 | | paragraph (a) of Section 8.
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| 3 | | (c) Each State agency and State university under the |
| 4 | | jurisdiction of
this Act
shall
file with the Council an annual |
| 5 | | report of its utilization of businesses owned
by minorities, |
| 6 | | females, and persons with disabilities during the preceding |
| 7 | | fiscal year including lapse period spending
and a mid-fiscal |
| 8 | | year report of its utilization to date for the then current
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| 9 | | fiscal year. The reports shall include a self-evaluation of the |
| 10 | | efforts of the
State agency or State
university to meet its |
| 11 | | goals under the
Act.
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| 12 | | (d) Notwithstanding any provisions to the contrary in this |
| 13 | | Act,
any State
agency or State university which administers a |
| 14 | | construction program,
for which federal law or regulations |
| 15 | | establish standards and procedures for
the utilization of |
| 16 | | minority, disadvantaged, and female-owned business,
may shall |
| 17 | | implement a disadvantaged business enterprise program to |
| 18 | | include
minority, disadvantaged and female-owned businesses, |
| 19 | | using
the federal
standards and procedures for the |
| 20 | | establishment of goals and
utilization procedures for the |
| 21 | | State-funded, as well as the federally
assisted, portions of |
| 22 | | the program. In such cases, these goals shall not
exceed those |
| 23 | | established pursuant to the relevant federal statutes or
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| 24 | | regulations.
Notwithstanding the provisions of Section 8b, the |
| 25 | | Illinois Department of
Transportation is authorized to |
| 26 | | establish sheltered markets for the
State-funded portions of |
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| 1 | | the program consistent with federal law and
regulations.
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| 2 | | Additionally, a compliance plan which is filed by such State
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| 3 | | agency or State university pursuant to this Act, which |
| 4 | | incorporates
equivalent terms and
conditions of its |
| 5 | | federally-approved compliance plan, shall be deemed
approved |
| 6 | | under this Act.
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| 7 | | (Source: P.A. 88-377; 88-597, eff. 8-28-94.)
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| 8 | | Section 99. Effective date. This Act takes effect upon |
| 9 | | becoming law.".
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