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Sen. Martin A. Sandoval
Filed: 3/3/2010
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| AMENDMENT TO SENATE BILL 3249
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| AMENDMENT NO. ______. Amend Senate Bill 3249 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The State Finance Act is amended by adding |
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| Section 45 as follows:
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| (30 ILCS 105/45 new) |
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| Sec. 45. Grants of capital funds. The granting of State |
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| funds for capital purposes is conditioned upon the grantee's |
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| written certification that the grantee shall comply with the |
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| business enterprise program practices for minority-owned |
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| businesses, female-owned businesses, and businesses owned by |
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| persons with disabilities of the Business Enterprise for |
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| Minorities, Females, and Persons with Disabilities Act and the |
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| equal employment practices of Section 2-105 of the Illinois |
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| Human Rights Act. All State grantees shall submit business |
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| enterprise program plans for minority-owned businesses, |
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| female-owned businesses, and businesses owned by persons with |
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| disabilities with grant agreements.
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| Section 10. The Business Enterprise for Minorities, |
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| Females, and Persons with
Disabilities Act is amended by |
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| changing Section 7 as follows:
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| (30 ILCS 575/7) (from Ch. 127, par. 132.607) |
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| (Section scheduled to be repealed on June 30, 2010) |
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| Sec. 7. Exemptions and waivers; publication of data. |
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| (1) Individual contract exemptions.
The Council, on its own |
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| initiative or at the request of the affected agency
or |
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| university, may permit an individual contract or contract |
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| package,
(related contracts being bid or awarded |
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| simultaneously for the same project
or improvements) be made |
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| wholly or partially exempt from State contracting
goals for |
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| businesses owned by
minorities, females, and persons with |
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| disabilities prior to the advertisement
for bids or |
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| solicitation of proposals whenever there has been a
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| determination, reduced to writing and based on the best |
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| information
available at the time of the determination, that |
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| there is an insufficient
number of businesses owned by |
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| minorities,
females, and persons with disabilities to ensure |
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| adequate
competition and an expectation of reasonable prices on |
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| bids or proposals
solicited for the individual contract or |
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| contract package in question. |
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| (2) Class exemptions. (a) Creation. The Council, on its own |
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| initiative
or at the request of the affected agency or |
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| university, may permit an entire
class of
contracts be made |
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| exempt from State
contracting goals for businesses owned by |
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| minorities, females, and persons
with disabilities whenever |
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| there has been a determination, reduced to
writing and based on |
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| the best information available at the time of the
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| determination, that there is an insufficient number of |
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| qualified businesses owned by minorities, females, and persons |
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| with
disabilities to ensure adequate competition and an
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| expectation of reasonable prices on bids or proposals within |
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| that class. |
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| (b) Limitation. Any such class exemption shall not be |
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| permitted for a
period of more than one year at a time. |
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| (3) Waivers. Where a particular contract requires a |
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| contractor to meet
a goal established pursuant to this Act, the |
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| contractor shall have the right
to request a waiver from such |
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| requirements. The Council shall grant the
waiver where the |
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| contractor demonstrates that there has been made a good
faith |
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| effort to comply with the goals for
participation by businesses |
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| owned by minorities, females, and persons with
disabilities. |
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| (4) Conflict with other laws. In the event that any State |
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| contract, which
otherwise would be subject to the provisions of |
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| this Act, is or becomes
subject to federal laws or regulations |
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| which conflict with the provisions
of this Act or actions of |
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| the State taken pursuant hereto, the provisions
of the federal |
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| laws or regulations shall apply and the contract shall be
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| interpreted and enforced accordingly. |
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| (5) Each chief procurement officer, as defined in the |
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| Illinois Procurement Code, shall maintain on his or her |
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| official Internet website a database of waivers granted under |
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| this Section with respect to contracts under his or her |
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| jurisdiction. The database, which shall be updated |
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| periodically as necessary, shall be searchable by contractor |
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| name and by contracting State agency. |
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| Each public notice required by law of the award of a State |
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| contract shall include for each bid submitted for that contract |
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| the following: (i) the bidder's name, (ii) the bid amount, |
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| (iii) the bid's percentage of disadvantaged business |
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| utilization plan, and (iv) the bid's percentage of business |
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| enterprise program utilization plan. |
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| (Source: P.A. 88-597, eff. 8-28-94.)".
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