Full Text of HB5099 95th General Assembly
HB5099 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5099
Introduced , by Rep. Elga L. Jefferies SYNOPSIS AS INTRODUCED: |
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70 ILCS 210/23.1 |
from Ch. 85, par. 1243.1 |
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Amends the Metropolitan Pier and Exposition Authority Act.
Makes a technical change in a Section concerning an affirmative
action program.
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A BILL FOR
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HB5099 |
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LRB095 18142 HLH 44225 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Metropolitan Pier and Exposition Authority | 5 |
| Act is amended by changing Section 23.1 as follows:
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| (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
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| Sec. 23.1. Affirmative action.
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| (a) The Authority shall, within 90 days after the 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 past | 12 |
| discrimination. Such program shall include a
plan, including | 13 |
| timetables where appropriate, which shall specify goals
and | 14 |
| methods for increasing participation by women and minorities in
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| employment by the Authority and by parties which contract with | 16 |
| the Authority.
The Authority shall submit a detailed plan with | 17 |
| the General Assembly prior
to September 1 of each year. Such | 18 |
| program shall also establish procedures and
sanctions | 19 |
| (including debarment), which the Authority shall enforce to
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| ensure compliance with the plan established pursuant to this | 21 |
| Section and
with State and federal laws and regulations | 22 |
| relating to the employment of
women and minorities. A | 23 |
| determination by the Authority as to whether a
party to a |
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| contract with the Authority has achieved the goals or employed
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| the methods for increasing participation by women and | 3 |
| minorities shall be
determined in accordance with the terms of | 4 |
| such contracts or the applicable
provisions of rules and | 5 |
| regulations of the Authority existing at the time
such contract | 6 |
| was executed, including any provisions for consideration of
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| good faith efforts at compliance which the Authority may | 8 |
| reasonably adopt.
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| (b) The Authority shall adopt and maintain minority and
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| female owned business enterprise procurement programs under | 11 |
| the affirmative
action program described in subsection (a) for | 12 |
| any and all work undertaken
by the Authority. That work shall | 13 |
| include, but is not limited to, the
purchase of professional | 14 |
| services, construction services, supplies,
materials, and | 15 |
| equipment. The programs shall establish goals of awarding
not | 16 |
| less than 25% of the annual dollar value of all contracts, | 17 |
| purchase
orders, or other agreements (collectively referred to | 18 |
| as "contracts") to
minority owned businesses and 5% of the | 19 |
| annual dollar value of all
contracts to female owned | 20 |
| businesses. Without limiting the generality of
the foregoing, | 21 |
| the programs shall require in connection with the
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| prequalification or consideration of vendors for professional | 23 |
| service
contracts, construction contracts, and contracts for | 24 |
| supplies, materials,
equipment, and services that each | 25 |
| proposer or bidder submit as part of his
or her proposal or bid | 26 |
| a commitment detailing how he or she will expend 25%
or more of |
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| the dollar value of his or her contracts with one or more
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| minority owned businesses and 5% or more of the dollar value | 3 |
| with one or
more female owned businesses. Bids or proposals | 4 |
| that do not include such
detailed commitments are not | 5 |
| responsive and shall be rejected unless the
Authority deems it | 6 |
| appropriate to grant a waiver of these requirements. In
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| addition the Authority may, in connection with the selection of | 8 |
| providers
of professional services, reserve the right to select | 9 |
| a minority or female
owned business or businesses to fulfill | 10 |
| the commitment to minority and
female business participation. | 11 |
| The commitment to minority and female
business participation | 12 |
| may be met by the contractor or professional service
provider's | 13 |
| status as a minority or female owned business, by joint venture
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| or by subcontracting a portion of the work with or purchasing | 15 |
| materials for
the work from one or more such businesses, or by | 16 |
| any combination thereof.
Each contract shall require the | 17 |
| contractor or provider to submit a
certified monthly report | 18 |
| detailing the status of that contractor or
provider's | 19 |
| compliance with the Authority's minority and female owned
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| business enterprise procurement program. The Authority, after | 21 |
| reviewing
the monthly reports of the contractors and providers, | 22 |
| shall
compile a comprehensive report regarding compliance with | 23 |
| this procurement
program and file it quarterly with the General | 24 |
| Assembly. If, in connection
with a particular contract, the | 25 |
| Authority determines that it is
impracticable or excessively | 26 |
| costly to obtain minority or female owned
businesses to perform |
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| sufficient work to fulfill the commitment required by
this | 2 |
| subsection, the Authority shall reduce or waive the commitment | 3 |
| in the
contract, as may be appropriate. The Authority shall | 4 |
| establish rules and
regulations setting forth the standards to | 5 |
| be used in determining whether
or not a reduction or waiver is | 6 |
| appropriate. The terms "minority owned
business" and "female | 7 |
| owned business" have the meanings given to those
terms in the | 8 |
| Business Enterprise for Minorities,
Females, and Persons with | 9 |
| Disabilities Act.
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| (c) The Authority shall adopt and maintain an affirmative
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| action program in connection with the hiring
of minorities and | 12 |
| women on the Expansion Project and on any and all
construction | 13 |
| projects undertaken by the Authority. The program shall be
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| designed to promote equal employment opportunity and shall | 15 |
| specify the
goals and methods for increasing the participation | 16 |
| of minorities and women
in a representative mix of job | 17 |
| classifications required to perform the
respective contracts | 18 |
| awarded by the Authority.
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| (d) In connection with the Expansion Project, the Authority | 20 |
| shall
incorporate the following elements into its minority and | 21 |
| female owned
business procurement programs to the extent | 22 |
| feasible: (1) a major
contractors program that permits minority | 23 |
| owned businesses and female owned
businesses to bear | 24 |
| significant responsibility and risk for a portion of the
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| project; (2) a mentor/protege program that provides financial, | 26 |
| technical,
managerial, equipment, and personnel support to |
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| minority owned businesses
and female owned businesses; (3) an | 2 |
| emerging firms program that includes
minority owned businesses | 3 |
| and female owned businesses that would not
otherwise qualify | 4 |
| for the project due to inexperience or limited resources;
(4) a | 5 |
| small projects program that includes participation by smaller
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| minority owned businesses and female owned businesses on jobs | 7 |
| where the
total dollar value is $5,000,000 or less; and (5) a | 8 |
| set-aside program that
will identify contracts requiring the | 9 |
| expenditure of funds less than
$50,000 for bids to be submitted | 10 |
| solely by minority owned businesses and
female owned | 11 |
| businesses.
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| (e) The Authority is authorized to enter into agreements | 13 |
| with
contractors' associations, labor unions, and the | 14 |
| contractors working on the
Expansion Project to establish an | 15 |
| Apprenticeship Preparedness Training
Program to provide for an | 16 |
| increase in the number of minority and female
journeymen and | 17 |
| apprentices in the building trades and to enter into
agreements | 18 |
| with Community College District 508 to provide readiness | 19 |
| training.
The Authority is further authorized to enter into | 20 |
| contracts with public and
private educational institutions and | 21 |
| persons in the hospitality industry to
provide training for | 22 |
| employment in the hospitality industry.
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| (f) McCormick Place Advisory Board. There is created a | 24 |
| McCormick Place
Advisory Board composed as follows:
2 members | 25 |
| shall be appointed by the Mayor of Chicago;
2 members shall be | 26 |
| appointed by the Governor;
2 members shall be State Senators |
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| appointed by the President of the Senate;
2 members shall be | 2 |
| State Senators appointed by the Minority Leader of the
Senate;
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| 2 members shall be State Representatives appointed by the | 4 |
| Speaker of the House
of Representatives; and
2 members shall be | 5 |
| State Representatives appointed by the Minority Leader of
the | 6 |
| House of Representatives.
The terms of all previously appointed | 7 |
| members of the Advisory Board expire on
the effective date of | 8 |
| this amendatory Act of the 92nd General Assembly. A
State | 9 |
| Senator or State Representative member may appoint a designee | 10 |
| to serve
on the McCormick Place Advisory Board in his or her | 11 |
| absence.
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| A "member of a minority group" shall mean a person who is a | 13 |
| citizen or
lawful permanent resident of the United States and | 14 |
| who is
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| (1) Black (a person having origins in any of the black | 16 |
| racial
groups in Africa);
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| (2) Hispanic (a person of Spanish or Portuguese culture | 18 |
| with origins
in Mexico, South or Central America, or the | 19 |
| Caribbean Islands, regardless
of race);
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| (3) Asian American (a person having origins in any of | 21 |
| the original
peoples of the Far East, Southeast Asia, the | 22 |
| Indian Subcontinent, or the
Pacific Islands); or
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| (4) American Indian or Alaskan Native (a person having | 24 |
| origins in any
of the original peoples of North America).
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| Members of the McCormick Place Advisory Board shall serve | 26 |
| 2-year terms
and until their successors are appointed, except |
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| members who serve as a
result of their elected position whose | 2 |
| terms shall continue as long as
they hold their designated | 3 |
| elected positions. Vacancies shall be filled by
appointment for | 4 |
| the unexpired term in the same manner as original
appointments | 5 |
| are made. The McCormick Place Advisory Board shall elect
its | 6 |
| own chairperson.
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| Members of the McCormick Place Advisory Board shall serve | 8 |
| without
compensation but, at the Authority's discretion, shall | 9 |
| be reimbursed for
necessary expenses in connection with the | 10 |
| performance of their duties.
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| The McCormick Place Advisory Board shall meet quarterly, or | 12 |
| as needed,
shall produce any reports it deems necessary, and | 13 |
| shall:
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| (1) Work with the Authority on ways to improve the area | 15 |
| physically
and economically;
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| (2) Work with the Authority regarding potential means | 17 |
| for providing
increased economic opportunities to | 18 |
| minorities and women produced
indirectly or directly from | 19 |
| the construction and operation of the
Expansion Project;
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| (3) Work with the Authority to minimize any potential | 21 |
| impact on the
area surrounding the McCormick Place | 22 |
| Expansion Project, including any
impact on minority or | 23 |
| female owned businesses, resulting from the
construction | 24 |
| and operation of the Expansion Project;
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| (4) Work with the Authority to find candidates for | 26 |
| building trades
apprenticeships, for employment in the |
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| hospitality industry, and to identify
job training | 2 |
| programs;
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| (5) Work with the Authority to implement the provisions | 4 |
| of subsections
(a) through (e) of this Section in the | 5 |
| construction of the Expansion
Project, including the | 6 |
| Authority's goal of awarding not less than 25% and
5% of | 7 |
| the annual dollar value of contracts to minority and female | 8 |
| owned
businesses, the outreach program for minorities and | 9 |
| women, and the
mentor/protege program for providing | 10 |
| assistance to minority and female
owned businesses.
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| (Source: P.A. 91-422, eff. 1-1-00; 92-16, eff. 6-28-01; 92-208, | 12 |
| eff.
8-2-01.)
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