Sen. Martin A. Sandoval
Filed: 3/9/2010
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| 1 | AMENDMENT TO SENATE BILL 3249
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 3249, AS AMENDED, | ||||||
| 3 | by replacing everything after the enacting clause with the | ||||||
| 4 | following:
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| 5 | "Section 5. The State Finance Act is amended by adding | ||||||
| 6 | Section 45 as follows: | ||||||
| 7 | (30 ILCS 105/45 new) | ||||||
| 8 | Sec. 45. Grants of capital funds. The granting of State | ||||||
| 9 | funds for capital purposes is conditioned upon the grantee's | ||||||
| 10 | written certification that the grantee shall comply with the | ||||||
| 11 | business enterprise program practices for minority-owned | ||||||
| 12 | businesses, female-owned businesses, and businesses owned by | ||||||
| 13 | persons with disabilities of the Business Enterprise for | ||||||
| 14 | Minorities, Females, and Persons with Disabilities Act and the | ||||||
| 15 | equal employment practices of Section 2-105 of the Illinois | ||||||
| 16 | Human Rights Act. All State grantees shall submit business | ||||||
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| 1 | enterprise program plans for minority-owned businesses, | ||||||
| 2 | female-owned businesses, and businesses owned by persons with | ||||||
| 3 | disabilities with grant agreements. | ||||||
| 4 | Section 10. The Business Enterprise for Minorities, | ||||||
| 5 | Females, and Persons with
Disabilities Act is amended by | ||||||
| 6 | changing Section 7 as follows: | ||||||
| 7 | (30 ILCS 575/7) (from Ch. 127, par. 132.607) | ||||||
| 8 | (Section scheduled to be repealed on June 30, 2010) | ||||||
| 9 | Sec. 7. Exemptions and waivers; publication of data. | ||||||
| 10 | (1) Individual contract exemptions.
The Council, on its own | ||||||
| 11 | initiative or at the request of the affected agency
or | ||||||
| 12 | university, may permit an individual contract or contract | ||||||
| 13 | package,
(related contracts being bid or awarded | ||||||
| 14 | simultaneously for the same project
or improvements) be made | ||||||
| 15 | wholly or partially exempt from State contracting
goals for | ||||||
| 16 | businesses owned by
minorities, females, and persons with | ||||||
| 17 | disabilities prior to the advertisement
for bids or | ||||||
| 18 | solicitation of proposals whenever there has been a
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| 19 | determination, reduced to writing and based on the best | ||||||
| 20 | information
available at the time of the determination, that | ||||||
| 21 | there is an insufficient
number of businesses owned by | ||||||
| 22 | minorities,
females, and persons with disabilities to ensure | ||||||
| 23 | adequate
competition and an expectation of reasonable prices on | ||||||
| 24 | bids or proposals
solicited for the individual contract or | ||||||
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| 1 | contract package in question. | ||||||
| 2 | (2) Class exemptions. (a) Creation. The Council, on its own | ||||||
| 3 | initiative
or at the request of the affected agency or | ||||||
| 4 | university, may permit an entire
class of
contracts be made | ||||||
| 5 | exempt from State
contracting goals for businesses owned by | ||||||
| 6 | minorities, females, and persons
with disabilities whenever | ||||||
| 7 | there has been a determination, reduced to
writing and based on | ||||||
| 8 | the best information available at the time of the
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| 9 | determination, that there is an insufficient number of | ||||||
| 10 | qualified businesses owned by minorities, females, and persons | ||||||
| 11 | with
disabilities to ensure adequate competition and an
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| 12 | expectation of reasonable prices on bids or proposals within | ||||||
| 13 | that class. | ||||||
| 14 | (b) Limitation. Any such class exemption shall not be | ||||||
| 15 | permitted for a
period of more than one year at a time. | ||||||
| 16 | (3) Waivers. Where a particular contract requires a | ||||||
| 17 | contractor to meet
a goal established pursuant to this Act, the | ||||||
| 18 | contractor shall have the right
to request a waiver from such | ||||||
| 19 | requirements. The Council shall grant the
waiver where the | ||||||
| 20 | contractor demonstrates that there has been made a good
faith | ||||||
| 21 | effort to comply with the goals for
participation by businesses | ||||||
| 22 | owned by minorities, females, and persons with
disabilities. | ||||||
| 23 | (4) Conflict with other laws. In the event that any State | ||||||
| 24 | contract, which
otherwise would be subject to the provisions of | ||||||
| 25 | this Act, is or becomes
subject to federal laws or regulations | ||||||
| 26 | which conflict with the provisions
of this Act or actions of | ||||||
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| 1 | the State taken pursuant hereto, the provisions
of the federal | ||||||
| 2 | laws or regulations shall apply and the contract shall be
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| 3 | interpreted and enforced accordingly. | ||||||
| 4 | (5) Each chief procurement officer, as defined in the | ||||||
| 5 | Illinois Procurement Code, shall maintain on his or her | ||||||
| 6 | official Internet website a database of waivers granted under | ||||||
| 7 | this Section with respect to contracts under his or her | ||||||
| 8 | jurisdiction. The database, which shall be updated | ||||||
| 9 | periodically as necessary, shall be searchable by contractor | ||||||
| 10 | name and by contracting State agency. | ||||||
| 11 | Each public notice required by law of the award of a State | ||||||
| 12 | contract shall include for each bid submitted for that contract | ||||||
| 13 | the following: (i) the bidder's name, (ii) the bid amount, | ||||||
| 14 | (iii) the bid's percentage of disadvantaged business | ||||||
| 15 | utilization plan, and (iv) the bid's percentage of business | ||||||
| 16 | enterprise program utilization plan. | ||||||
| 17 | (Source: P.A. 88-597, eff. 8-28-94.)".
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