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| 8 | (Section scheduled to be repealed on June 30, 2012)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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