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Sen. James F. Clayborne, Jr.
Filed: 2/18/2016
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| 1 | | AMENDMENT TO HOUSE BILL 3748
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| 2 | | AMENDMENT NO. ______. Amend House Bill 3748 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 Sections 4 and 9 as follows:
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| 7 | | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
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| 8 | | (Section scheduled to be repealed on June 30, 2016)
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| 9 | | Sec. 4. Award of State contracts.
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| 10 | | (a) Except as provided in subsections (b) and (c), not less |
| 11 | | than 20% of
the total dollar amount of State contracts, as |
| 12 | | defined by the Secretary of
the Council and approved by the |
| 13 | | Council, shall be established as an aspirational goal to
be |
| 14 | | awarded to businesses owned by minorities,
females, and persons |
| 15 | | with disabilities; provided, however, that
of the total amount |
| 16 | | of all
State contracts awarded to businesses owned by
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| 1 | | minorities, females, and persons with disabilities pursuant to
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| 2 | | this Section, contracts representing at least 11% shall be |
| 3 | | awarded to businesses owned by minorities, contracts |
| 4 | | representing at least 7% shall be awarded to female-owned |
| 5 | | businesses, and contracts representing at least 2% shall be |
| 6 | | awarded to businesses owned by persons with disabilities.
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| 7 | | The above percentage relates to the total dollar amount of |
| 8 | | State
contracts during each State fiscal year, calculated by |
| 9 | | examining
independently each type of contract for each agency |
| 10 | | or public institutions of higher education which
lets such |
| 11 | | contracts. Only that percentage of arrangements which |
| 12 | | represents the participation of businesses owned by
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| 13 | | minorities, females, and persons with disabilities on such |
| 14 | | contracts shall
be included.
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| 15 | | (b) In the case of State construction contracts, the |
| 16 | | provisions of
subsection (a) requiring a portion of State |
| 17 | | contracts to be awarded to
businesses owned and controlled by |
| 18 | | persons with
disabilities do not apply. The following |
| 19 | | aspirational goals are established for State construction |
| 20 | | contracts: not less
than 20% of the total dollar amount of |
| 21 | | State construction contracts is
established as a goal to be |
| 22 | | awarded to minority and female owned
businesses, and contracts |
| 23 | | representing 50% of the amount of all State
construction |
| 24 | | contracts awarded to minority and female owned businesses
shall |
| 25 | | be awarded to female owned businesses.
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| 26 | | (c) In the case of all work undertaken by the University of |
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| 1 | | Illinois related to the planning, organization, and staging of |
| 2 | | the games, the University of Illinois shall establish a goal of |
| 3 | | awarding not less than 25% of the annual dollar value of all |
| 4 | | contracts, purchase orders, and other agreements (collectively |
| 5 | | referred to as "the contracts") to minority-owned businesses or |
| 6 | | businesses owned by a person with a disability and 5% of the |
| 7 | | annual dollar value the contracts to female-owned businesses. |
| 8 | | For purposes of this subsection, the term "games" has the |
| 9 | | meaning set forth in the Olympic Games and Paralympic Games |
| 10 | | (2016) Law. |
| 11 | | (d) Within one year after April 28, 2009 (the effective |
| 12 | | date of Public Act 96-8), the Department of Central Management |
| 13 | | Services shall conduct a social scientific study that measures |
| 14 | | the impact of discrimination on minority and female business |
| 15 | | development in Illinois. Within 18 months after April 28, 2009 |
| 16 | | (the effective date of Public Act 96-8), the Department shall |
| 17 | | issue a report of its findings and any recommendations on |
| 18 | | whether to adjust the goals for minority and female |
| 19 | | participation established in this Act. Copies of this report |
| 20 | | and the social scientific study shall be filed with the |
| 21 | | Governor and the General Assembly. |
| 22 | | (e) Except as permitted under this Act or Notwithstanding |
| 23 | | any provision of law to the contrary and except as otherwise |
| 24 | | mandated by federal law or regulation, those who submit bids or |
| 25 | | proposals for State construction contracts subject to the |
| 26 | | provisions of this Act, whose bids or proposals are successful |
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| 1 | | but that fail to meet the goals set forth in subsection (b) of |
| 2 | | this Section, shall be notified of that deficiency and shall be |
| 3 | | afforded a period not to exceed 10 days to cure that deficiency |
| 4 | | in the bid or proposal. The deficiency in the bid or proposal |
| 5 | | may only be cured by contracting with additional subcontractors |
| 6 | | who are owned by minorities or females, but in no case shall an |
| 7 | | identified subcontractor with a certification made pursuant to |
| 8 | | this Act be terminated from the contract without the written |
| 9 | | consent of the State agency or public institution of higher |
| 10 | | education entering into the contract. |
| 11 | | (Source: P.A. 99-462, eff. 8-25-15.)
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| 12 | | (30 ILCS 575/9) (from Ch. 127, par. 132.609)
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| 13 | | (Section scheduled to be repealed on June 30, 2016)
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| 14 | | Sec. 9. This Act is repealed June 30, 2020 2016. |
| 15 | | (Source: P.A. 96-949, eff. 6-25-10; 96-1444, eff. 8-20-10; |
| 16 | | 97-712, eff. 6-27-12.)
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| 17 | | Section 99. Effective date. This Act takes effect upon |
| 18 | | becoming law.".
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