SB3228sam001 96TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 2/23/2010

09600SB3228sam001 LRB096 20440 RCE 37531 a

AMENDMENT TO SENATE BILL 3228

AMENDMENT NO. ______. Amend Senate Bill 3228 by replacing everything after the enacting clause with the following:

"Section 5. The State Finance Act is amended by adding Section 45 as follows:

(30 ILCS 105/45 new)

Sec. 45. Grants of capital funds. The granting of State funds for capital purposes is conditioned upon the grantee's written certification that the grantee shall comply with the disadvantaged business practices of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act and the equal employment practices of Section 2-105 of the Illinois Human Rights Act.

Section 10. The Business Enterprise for Minorities, Females, and Persons with Disabilities Act is amended by changing Section 7 and by adding Section 6.5 as follows:

(30 ILCS 575/6.5 new)

Sec. 6.5. Certification required. A State agency may not include a business in the State agency's proposed or reported achievement of its goals under this Act unless certification, as defined in Section 2, of the business is complete.

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

(Section scheduled to be repealed on June 30, 2010)

Sec. 7. Exemptions and waivers; publication of data.

(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.

(5) The Council shall maintain on its official Internet website a database of waivers granted under this Section. The database, which shall be updated periodically as necessary, shall be searchable by contractor name and by contracting State agency. Each State agency subject to this Act shall include in on its official website a link to the Council's official website. Any unit of local government that grants waivers under a disadvantaged business program similar to the provisions of this Act shall similarly maintain an Internet database of those waivers.

Each public notice required by law of the award of a State contract shall include for each bid submitted for that contract the following: (i) the bidder's name, (ii) the bid amount, and (iii) the bid's percentage of disadvantaged business utilization plan. Any unit of local government subject to a disadvantaged business program similar to the provisions of this Act shall include in its public notice of a contract award the same bid information of which a State agency is required to give notice under this subsection.

(Source: P.A. 88-597, eff. 8-28-94.)".