Illinois General Assembly - Full Text of SB2228
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Full Text of SB2228  98th General Assembly




State of Illinois
2013 and 2014


Introduced 2/15/2013, by Sen. Martin A. Sandoval


30 ILCS 575/5  from Ch. 127, par. 132.605
30 ILCS 805/8.37 new

    Amends the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. Requires each granted participation goal waiver to be published for public viewing through the awarding agency prior to the formal award of contracts. Requires the waiver to include a statement of the basis upon which the waiver was granted and the identity of the individual authorizing the waiver. Amends the State Mandates Act to require implementation without reimbursement.

LRB098 10727 JDS 41062 b






SB2228LRB098 10727 JDS 41062 b

1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Business Enterprise for Minorities,
5Females, and Persons with Disabilities Act is amended by
6changing Section 5 as follows:
7    (30 ILCS 575/5)  (from Ch. 127, par. 132.605)
8    (Section scheduled to be repealed on June 30, 2016)
9    Sec. 5. Business Enterprise Council.
10    (1) To help implement, monitor and enforce the goals of
11this Act, there is created the Business Enterprise Council for
12Minorities, Females, and Persons with Disabilities,
13hereinafter referred to as the Council, composed of the
14Secretary of Human Services and the Directors of the Department
15of Human Rights, the Department of Commerce and Economic
16Opportunity, the Department of Central Management Services,
17the Department of Transportation and the Capital Development
18Board, or their duly appointed representatives. Ten
19individuals representing businesses that are minority or
20female owned or owned by persons with disabilities, 2
21individuals representing the business community, and a
22representative of public universities shall be appointed by the
23Governor. These members shall serve 2 year terms and shall be



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1eligible for reappointment. Any vacancy occurring on the
2Council shall also be filled by the Governor. Any member
3appointed to fill a vacancy occurring prior to the expiration
4of the term for which his predecessor was appointed shall be
5appointed for the remainder of such term. Members of the
6Council shall serve without compensation but shall be
7reimbursed for any ordinary and necessary expenses incurred in
8the performance of their duties.
9    The Director of the Department of Central Management
10Services shall serve as the Council chairperson and shall
11select, subject to approval of the council, a Secretary
12responsible for the operation of the program who shall serve as
13the Division Manager of the Business Enterprise for Minorities,
14Females, and Persons with Disabilities Division of the
15Department of Central Management Services.
16    The Director of each State agency and the chief executive
17officer of each State university shall appoint a liaison to the
18Council. The liaison shall be responsible for submitting to the
19Council any reports and documents necessary under this Act.
20    (2) The Council's authority and responsibility shall be to:
21        (a) Devise a certification procedure to assure that
22    businesses taking advantage of this Act are legitimately
23    classified as businesses owned by minorities, females, or
24    persons with disabilities.
25        (b) Maintain a list of all businesses legitimately
26    classified as businesses owned by minorities, females, or



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1    persons with disabilities to provide to State agencies and
2    State universities.
3        (c) Review rules and regulations for the
4    implementation of the program for businesses owned by
5    minorities, females, and persons with disabilities.
6        (d) Review compliance plans submitted by each State
7    agency and State university pursuant to this Act.
8        (e) Make annual reports as provided in Section 8f to
9    the Governor and the General Assembly on the status of the
10    program.
11        (f) Serve as a central clearinghouse for information on
12    State contracts, including the maintenance of a list of all
13    pending State contracts upon which businesses owned by
14    minorities, females, and persons with disabilities may
15    bid. At the Council's discretion, maintenance of the list
16    may include 24-hour electronic access to the list along
17    with the bid and application information.
18        (g) Establish a toll free telephone number to
19    facilitate information requests concerning the
20    certification process and pending contracts.
21    (3) No premium bond rate of a surety company for a bond
22required of a business owned by a minority, female, or person
23with a disability bidding for a State contract shall be higher
24than the lowest rate charged by that surety company for a
25similar bond in the same classification of work that would be
26written for a business not owned by a minority, female, or



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1person with a disability.
2    (4) Any Council member who has direct financial or personal
3interest in any measure pending before the Council shall
4disclose this fact to the Council and refrain from
5participating in the determination upon such measure.
6    (5) The Secretary shall have the following duties and
8        (a) To be responsible for the day-to-day operation of
9    the Council.
10        (b) To serve as a coordinator for all of the State's
11    programs for businesses owned by minorities, females, and
12    persons with disabilities and as the information and
13    referral center for all State initiatives for businesses
14    owned by minorities, females, and persons with
15    disabilities.
16        (c) To establish an enforcement procedure whereby the
17    Council may recommend to the appropriate State legal
18    officer that the State exercise its legal remedies which
19    shall include (1) termination of the contract involved, (2)
20    prohibition of participation by the respondent in public
21    contracts for a period not to exceed one year, (3)
22    imposition of a penalty not to exceed any profit acquired
23    as a result of violation, or (4) any combination thereof.
24    Such procedures shall require prior approval by Council.
25        (d) To devise appropriate policies, regulations and
26    procedures for including participation by businesses owned



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1    by minorities, females, and persons with disabilities as
2    prime contractors including, but not limited to, (i)
3    encouraging the inclusions of qualified businesses owned
4    by minorities, females, and persons with disabilities on
5    solicitation lists, (ii) investigating the potential of
6    blanket bonding programs for small construction jobs,
7    (iii) investigating and making recommendations concerning
8    the use of the sheltered market process.
9        (e) To devise procedures for the waiver of the
10    participation goals in appropriate circumstances; provided
11    that each granted waiver shall be published for public
12    viewing through the awarding agency prior to the formal
13    award of contracts and shall include a statement of the
14    basis upon which the waiver was granted and the identity of
15    the individual authorizing the waiver.
16        (f) To accept donations and, with the approval of the
17    Council or the Director of Central Management Services,
18    grants related to the purposes of this Act; to conduct
19    seminars related to the purpose of this Act and to charge
20    reasonable registration fees; and to sell directories,
21    vendor lists and other such information to interested
22    parties, except that forms necessary to become eligible for
23    the program shall be provided free of charge to a business
24    or individual applying for the program.
25(Source: P.A. 94-793, eff. 5-19-06.)



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1    Section 90. The State Mandates Act is amended by adding
2Section 8.37 as follows:
3    (30 ILCS 805/8.37 new)
4    Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8
5of this Act, no reimbursement by the State is required for the
6implementation of any mandate created by this amendatory Act of
7the 98th General Assembly.