Illinois General Assembly - Full Text of HB0847
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Full Text of HB0847  093rd General Assembly

HB0847eng 93rd General Assembly


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 1        AN ACT in relation to local governments.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.  The   Metropolitan   Pier   and  Exposition
 5    Authority Act is amended by changing Section 23.1 as follows:

 6        (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
 7        Sec. 23.1.  Affirmative action.
 8        (a)  The  Authority  shall,  within  90  days  after  the
 9    effective date of this amendatory Act of 1984, establish  and
10    maintain  an  affirmative  action program designed to promote
11    equal employment opportunity and  eliminate  the  effects  of
12    past  discrimination.   Such  program  shall  include a plan,
13    including timetables where appropriate, which  shall  specify
14    goals  and  methods for increasing participation by women and
15    minorities in employment by  the  Authority  and  by  parties
16    which contract with the Authority. The Authority shall submit
17    a  detailed plan with the General Assembly prior to September
18    1 of each year.  Such program shall also establish procedures
19    and sanctions  (including  debarment),  which  the  Authority
20    shall  enforce to ensure compliance with the plan established
21    pursuant to this Section and with State and federal laws  and
22    regulations   relating   to   the  employment  of  women  and
23    minorities.  A determination by the Authority as to whether a
24    party to a contract with the Authority has achieved the goals
25    or employed the methods for increasing participation by women
26    and minorities shall be determined  in  accordance  with  the
27    terms of such contracts or the applicable provisions of rules
28    and  regulations  of  the Authority existing at the time such
29    contract  was  executed,   including   any   provisions   for
30    consideration  of  good faith efforts at compliance which the
31    Authority may reasonably adopt.
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 1        (b)  The Authority shall adopt and maintain minority  and
 2    female  owned  business enterprise procurement programs under
 3    the affirmative action program described  in  subsection  (a)
 4    for  any and all work undertaken by the Authority.  That work
 5    shall include,  but  is  not  limited  to,  the  purchase  of
 6    professional   services,   construction  services,  supplies,
 7    materials, and equipment.  The programs shall establish goals
 8    of awarding not less than 25% of the annual dollar  value  of
 9    all   contracts,   purchase   orders,   or  other  agreements
10    (collectively referred to as "contracts") to  minority  owned
11    businesses and 5% of the annual dollar value of all contracts
12    to  female owned businesses.  Without limiting the generality
13    of the foregoing, the programs shall  require  in  connection
14    with  the  prequalification  or  consideration of vendors for
15    professional service contracts, construction  contracts,  and
16    contracts  for  supplies,  materials, equipment, and services
17    that each proposer or bidder submit as part  of  his  or  her
18    proposal  or  bid  a  commitment detailing how he or she will
19    expend 25% or  more  of  the  dollar  value  of  his  or  her
20    contracts  with  one or more minority owned businesses and 5%
21    or more of the dollar value with one  or  more  female  owned
22    businesses.   Bids  or  proposals  that  do  not include such
23    detailed commitments are not responsive and shall be rejected
24    unless the Authority deems it appropriate to grant  a  waiver
25    of  these  requirements.   In  addition the Authority may, in
26    connection with the selection of  providers  of  professional
27    services,  reserve  the  right to select a minority or female
28    owned business or businesses to  fulfill  the  commitment  to
29    minority  and  female business participation.  The commitment
30    to minority and female business participation may be  met  by
31    the contractor or professional service provider's status as a
32    minority  or  female  owned  business, by joint venture or by
33    subcontracting a portion  of  the  work  with  or  purchasing
34    materials  for  the work from one or more such businesses, or
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 1    by any combination thereof. Each contract shall  require  the
 2    contractor  or  provider to submit a certified monthly report
 3    detailing  the  status  of  that  contractor  or   provider's
 4    compliance  with  the  Authority's  minority and female owned
 5    business  enterprise  procurement  program.   The  Authority,
 6    after reviewing the monthly reports of  the  contractors  and
 7    providers,  shall  compile  a  comprehensive report regarding
 8    compliance  with  this  procurement  program  and   file   it
 9    quarterly  with the General Assembly.  If, in connection with
10    a particular contract, the Authority determines  that  it  is
11    impracticable  or  excessively  costly  to obtain minority or
12    female owned businesses to perform sufficient work to fulfill
13    the commitment required by  this  subsection,  the  Authority
14    shall  reduce or waive the commitment in the contract, as may
15    be appropriate.  The  Authority  shall  establish  rules  and
16    regulations  setting  forth  the  standards  to  be  used  in
17    determining   whether   or  not  a  reduction  or  waiver  is
18    appropriate.  The terms "minority owned business" and "female
19    owned business" have the meanings given to those terms in the
20    Business Enterprise for Minorities, Females, and Persons with
21    Disabilities Act.
22        (c)  The  Authority   shall   adopt   and   maintain   an
23    affirmative  action  program in connection with the hiring of
24    minorities and women on the Expansion Project and on any  and
25    all  construction  projects undertaken by the Authority.  The
26    program  shall  be  designed  to  promote  equal   employment
27    opportunity  and  shall  specify  the  goals  and methods for
28    increasing the participation of minorities  and  women  in  a
29    representative mix of job classifications required to perform
30    the respective contracts awarded by the Authority.
31        (d)  In   connection  with  the  Expansion  Project,  the
32    Authority shall incorporate the following elements  into  its
33    minority  and  female  owned business procurement programs to
34    the extent feasible: (1) a  major  contractors  program  that
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 1    permits minority owned businesses and female owned businesses
 2    to  bear significant responsibility and risk for a portion of
 3    the project;  (2)  a  mentor/protege  program  that  provides
 4    financial,  technical,  managerial,  equipment, and personnel
 5    support  to  minority  owned  businesses  and  female   owned
 6    businesses;  (3)  an  emerging  firms  program  that includes
 7    minority owned businesses and female  owned  businesses  that
 8    would   not   otherwise   qualify  for  the  project  due  to
 9    inexperience or  limited  resources;  (4)  a  small  projects
10    program that includes participation by smaller minority owned
11    businesses  and  female  owned  businesses  on jobs where the
12    total dollar value is $5,000,000 or less; and (5) a set-aside
13    program  that   will   identify   contracts   requiring   the
14    expenditure  of  funds  less  than  $50,000  for  bids  to be
15    submitted solely by  minority  owned  businesses  and  female
16    owned businesses.
17        (e)  The Authority is authorized to enter into agreements
18    with   contractors'   associations,  labor  unions,  and  the
19    contractors working on the Expansion Project to establish  an
20    Apprenticeship  Preparedness  Training Program to provide for
21    an increase in the number of minority and  female  journeymen
22    and  apprentices  in  the  building  trades and to enter into
23    agreements with Community College  District  508  to  provide
24    readiness  training.  The  Authority is further authorized to
25    enter into contracts  with  public  and  private  educational
26    institutions  and  persons  in  the  hospitality  industry to
27    provide training for employment in the hospitality industry.
28        (f)  McCormick Place Advisory Board. There is  created  a
29    McCormick Place Advisory Board composed as follows: 2 members
30    shall  be  appointed by the Mayor of Chicago; 2 members shall
31    be appointed by the Governor; 4  2  members  shall  be  State
32    Senators  appointed  by  the  President  of  the  Senate; 4 2
33    members shall be State Senators  appointed  by  the  Minority
34    Leader   of   the   Senate;   4  2  members  shall  be  State
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 1    Representatives appointed by the  Speaker  of  the  House  of
 2    Representatives;   and   4   2   members   shall   be   State
 3    Representatives appointed by the Minority Leader of the House
 4    of  Representatives.    The terms of all previously appointed
 5    members of the Advisory Board expire on the effective date of
 6    this amendatory Act of the 92nd General  Assembly.   A  State
 7    Senator or State Representative member may appoint a designee
 8    to  serve on the McCormick Place Advisory Board in his or her
 9    absence.
10        A "member of a minority group" shall mean a person who is
11    a citizen or lawful permanent resident of the  United  States
12    and who is
13             (1)  Black  (a  person  having origins in any of the
14        black racial groups in Africa);
15             (2)  Hispanic (a person  of  Spanish  or  Portuguese
16        culture with origins in Mexico, South or Central America,
17        or the Caribbean Islands, regardless of race);
18             (3)  Asian  American (a person having origins in any
19        of the original peoples of the Far East, Southeast  Asia,
20        the Indian Subcontinent, or the Pacific Islands); or
21             (4)  American  Indian  or  Alaskan  Native (a person
22        having origins in any of the original  peoples  of  North
23        America).
24        Members of the McCormick Place Advisory Board shall serve
25    2-year terms and until their successors are appointed, except
26    members who serve as a result of their elected position whose
27    terms  shall   continue as long as they hold their designated
28    elected positions.  Vacancies shall be filled by  appointment
29    for  the  unexpired  term  in  the  same  manner  as original
30    appointments are made.  The McCormick  Place  Advisory  Board
31    shall elect its own chairperson.
32        Members of the McCormick Place Advisory Board shall serve
33    without  compensation  but,  at  the  Authority's discretion,
34    shall be reimbursed for necessary expenses in connection with
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 1    the performance of their duties.
 2        The McCormick Place Advisory Board shall meet  quarterly,
 3    or  as  needed, shall produce any reports it deems necessary,
 4    and shall:
 5             (1)  Work with the Authority on ways to improve  the
 6        area physically and economically;
 7             (2)  Work  with  the  Authority  regarding potential
 8        means for providing increased economic  opportunities  to
 9        minorities and women produced indirectly or directly from
10        the construction and operation of the Expansion Project;
11             (3)  Work   with   the  Authority  to  minimize  any
12        potential impact on the area  surrounding  the  McCormick
13        Place Expansion Project, including any impact on minority
14        or   female   owned   businesses,   resulting   from  the
15        construction and operation of the Expansion Project;
16             (4)  Work with the Authority to find candidates  for
17        building  trades  apprenticeships,  for employment in the
18        hospitality  industry,  and  to  identify  job   training
19        programs;
20             (5)  Work   with  the  Authority  to  implement  the
21        provisions of subsections (a) through (e) of this Section
22        in the construction of the Expansion  Project,  including
23        the Authority's goal of awarding not less than 25% and 5%
24        of  the  annual dollar value of contracts to minority and
25        female  owned  businesses,  the  outreach   program   for
26        minorities  and women, and the mentor/protege program for
27        providing  assistance  to  minority  and   female   owned
28        businesses.
29    (Source:  P.A.  91-422,  eff.  1-1-00;  92-16,  eff. 6-28-01;
30    92-208, eff. 8-2-01.)