Full Text of SB3249 96th General Assembly
SB3249ham001 96TH GENERAL ASSEMBLY
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State Government Administration Committee
Filed: 4/21/2010
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| AMENDMENT TO SENATE BILL 3249
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| AMENDMENT NO. ______. Amend Senate Bill 3249 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The State Finance Act is amended by adding | 5 |
| Section 45 as follows: | 6 |
| (30 ILCS 105/45 new) | 7 |
| Sec. 45. Award of capital funds. Each award by grant or | 8 |
| loan of State funds of $250,000 or more for capital | 9 |
| construction costs or professional services is conditioned | 10 |
| upon the recipient's written certification that the recipient | 11 |
| shall comply with the business enterprise program practices for | 12 |
| minority-owned businesses, female-owned businesses, and | 13 |
| businesses owned by persons with disabilities of the Business | 14 |
| Enterprise for Minorities, Females, and Persons with | 15 |
| Disabilities Act (30 ILCS 575/) and the equal employment | 16 |
| practices of Section 2-105 of the Illinois Human Rights Act |
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| (775 ILCS 5/2-105). This Section, however, does not apply to | 2 |
| any grant or loan (i) for which a grant or loan agreement was | 3 |
| executed before the effective date of this amendatory Act of | 4 |
| the 96th General Assembly, (ii) for which prior-incurred costs | 5 |
| are being reimbursed, or (iii) for a federally funded program | 6 |
| under which the requirement of this Section would contravene | 7 |
| federal law. Each recipient shall submit the written | 8 |
| certification and business enterprise program plan for | 9 |
| minority-owned businesses, female-owned businesses, and | 10 |
| businesses owned by persons with disabilities before signing | 11 |
| the relevant grant or loan agreement. Each grant or loan | 12 |
| agreement shall include a provision that the grant or loan | 13 |
| recipient agrees to comply with the provisions of the Business | 14 |
| Enterprise for Minorities, Females, and Persons with | 15 |
| Disabilities Act (30 ILCS 575/) and the equal employment | 16 |
| practices of Section 2-105 of the Illinois Human Rights Act | 17 |
| (775 ILCS 5/2-105). | 18 |
| Each business enterprise program plan shall apply only to | 19 |
| the State-funded portion of the relevant capital project and | 20 |
| must be in compliance with all certification and other | 21 |
| requirements of the Business Enterprise for Minorities, | 22 |
| Females, and Persons with Disabilities Act. | 23 |
| Section 10. The Business Enterprise for Minorities, | 24 |
| Females, and Persons with
Disabilities Act is amended by | 25 |
| changing Section 7 as follows: |
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| (30 ILCS 575/7) (from Ch. 127, par. 132.607) | 2 |
| (Section scheduled to be repealed on June 30, 2010) | 3 |
| Sec. 7. Exemptions and waivers ; publication of data . | 4 |
| (1) Individual contract exemptions.
The Council, on its own | 5 |
| initiative or at the request of the affected agency ,
or | 6 |
| university, or recipient of a grant or loan of State funds of | 7 |
| $250,000 or more complying with Section 45 of the State Finance | 8 |
| Act, may permit an individual contract or contract package,
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| (related contracts being bid or awarded simultaneously for the | 10 |
| same project
or improvements) be made wholly or partially | 11 |
| exempt from State contracting
goals for businesses owned by
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| minorities, females, and persons with disabilities prior to the | 13 |
| advertisement
for bids or solicitation of proposals whenever | 14 |
| there has been a
determination, reduced to writing and based on | 15 |
| the best information
available at the time of the | 16 |
| determination, that there is an insufficient
number of | 17 |
| businesses owned by minorities,
females, and persons with | 18 |
| disabilities to ensure adequate
competition and an expectation | 19 |
| of reasonable prices on bids or proposals
solicited for the | 20 |
| individual contract or contract package in question. | 21 |
| (2) Class exemptions. (a) Creation. The Council, on its own | 22 |
| initiative
or at the request of the affected agency or | 23 |
| university, may permit an entire
class of
contracts be made | 24 |
| exempt from State
contracting goals for businesses owned by | 25 |
| minorities, females, and persons
with disabilities whenever |
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| there has been a determination, reduced to
writing and based on | 2 |
| the best information available at the time of the
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| determination, that there is an insufficient number of | 4 |
| qualified businesses owned by minorities, females, and persons | 5 |
| with
disabilities to ensure adequate competition and an
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| expectation of reasonable prices on bids or proposals within | 7 |
| that class. | 8 |
| (b) Limitation. Any such class exemption shall not be | 9 |
| permitted for a
period of more than one year at a time. | 10 |
| (3) Waivers. Where a particular contract requires a | 11 |
| contractor to meet
a goal established pursuant to this Act, the | 12 |
| contractor shall have the right
to request a waiver from such | 13 |
| requirements. The Council shall grant the
waiver where the | 14 |
| contractor demonstrates that there has been made a good
faith | 15 |
| effort to comply with the goals for
participation by businesses | 16 |
| owned by minorities, females, and persons with
disabilities. | 17 |
| (4) Conflict with other laws. In the event that any State | 18 |
| contract, which
otherwise would be subject to the provisions of | 19 |
| this Act, is or becomes
subject to federal laws or regulations | 20 |
| which conflict with the provisions
of this Act or actions of | 21 |
| the State taken pursuant hereto, the provisions
of the federal | 22 |
| laws or regulations shall apply and the contract shall be
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| interpreted and enforced accordingly. | 24 |
| (5) Each chief procurement officer, as defined in the | 25 |
| Illinois Procurement Code, shall maintain on his or her | 26 |
| official Internet website a database of waivers granted under |
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| this Section with respect to contracts under his or her | 2 |
| jurisdiction. The database, which shall be updated | 3 |
| periodically as necessary, shall be searchable by contractor | 4 |
| name and by contracting State agency. | 5 |
| Each public notice required by law of the award of a State | 6 |
| contract shall include for each bid submitted for that contract | 7 |
| the following: (i) the bidder's name, (ii) the bid amount, | 8 |
| (iii) the bid's percentage of disadvantaged business | 9 |
| utilization plan, and (iv) the bid's percentage of business | 10 |
| enterprise program utilization plan. | 11 |
| (Source: P.A. 88-597, eff. 8-28-94 .)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.".
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