Full Text of SB0276 98th General Assembly
SB0276sam001 98TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 4/1/2014
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| 1 | | AMENDMENT TO SENATE BILL 276
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 276 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Business Enterprise for Minorities, | 5 | | Females, and Persons with
Disabilities Act is amended by | 6 | | changing 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| 8 | | (Section scheduled to be repealed on June 30, 2016)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 | 11 | | this Act, there
is created the Business Enterprise Council for
| 12 | | Minorities, Females, and Persons with Disabilities, | 13 | | hereinafter
referred to as the Council, composed of the | 14 | | Secretary of Human Services and
the Directors of the Department | 15 | | of
Human Rights, the Department of Commerce and Economic | 16 | | Opportunity, the
Department of Central Management Services, |
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| 1 | | the Department of Transportation and
the
Capital Development | 2 | | Board, or their duly appointed representatives. Ten
| 3 | | individuals representing businesses that are minority or | 4 | | female owned or
owned by persons with disabilities, 2 | 5 | | individuals representing the business
community, and a | 6 | | representative of public
universities shall be appointed by the | 7 | | Governor. These members shall serve 2
year terms and shall be | 8 | | eligible for reappointment. Any vacancy occurring on
the | 9 | | Council shall also be filled by the Governor. Any member | 10 | | appointed to fill
a vacancy occurring prior to the expiration | 11 | | of the term for which his
predecessor was appointed shall be | 12 | | appointed for the remainder of such term.
Members of the | 13 | | Council shall serve without compensation but shall be | 14 | | reimbursed
for any ordinary and necessary expenses incurred in | 15 | | the performance of their
duties.
| 16 | | The Director of the Department of Central Management | 17 | | Services shall serve
as the Council chairperson and shall | 18 | | select, subject to approval of the
council, a Secretary | 19 | | responsible for the operation of the program who shall
serve as | 20 | | the Division Manager of the Business
Enterprise for Minorities, | 21 | | Females, and Persons with Disabilities Division
of the | 22 | | Department of Central Management Services.
| 23 | | The Director of each State agency and the chief executive | 24 | | officer of
each State university shall appoint a liaison to the | 25 | | Council. The liaison
shall be responsible for submitting to the | 26 | | Council any reports and
documents necessary under this Act.
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| 1 | | (2) The Council's authority and responsibility shall be to:
| 2 | | (a) Devise a certification procedure to assure that | 3 | | businesses taking
advantage of this Act are legitimately | 4 | | classified as businesses owned by minorities, females, or | 5 | | persons with
disabilities.
| 6 | | (b) Maintain a list of all
businesses legitimately | 7 | | classified as businesses owned by minorities,
females, or | 8 | | persons with disabilities to provide to State agencies and | 9 | | State
universities.
| 10 | | (c) Review rules and regulations for the | 11 | | implementation of the program for businesses owned by | 12 | | minorities, females,
and persons with disabilities.
| 13 | | (d) Review compliance plans submitted by each State | 14 | | agency and State
university
pursuant to this Act.
| 15 | | (e) Make annual reports as provided in Section 8f to | 16 | | the Governor and
the General Assembly on the
status of the | 17 | | program.
| 18 | | (f) Serve as a central clearinghouse for information on | 19 | | State
contracts, including the maintenance of a list of all | 20 | | pending State
contracts upon which businesses owned by | 21 | | minorities,
females, and persons with disabilities may | 22 | | bid.
At the Council's discretion, maintenance of the list | 23 | | may include 24-hour
electronic access to the list along | 24 | | with the bid and application information.
| 25 | | (g) Establish a toll free telephone number to | 26 | | facilitate information
requests concerning the |
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| 1 | | certification process and pending contracts.
| 2 | | (3) No premium bond rate of a surety company for a bond | 3 | | required of a business owned by a minority, female, or person
| 4 | | with a disability bidding for a State contract shall be
higher | 5 | | than the lowest rate charged by that surety company for a | 6 | | similar
bond in the same classification of work that would be | 7 | | written for a business not owned by a minority,
female, or | 8 | | person with a disability.
| 9 | | (4) Any Council member who has direct financial or personal | 10 | | interest in
any measure pending before the Council shall | 11 | | disclose this fact to the
Council and refrain from | 12 | | participating in the determination upon such measure.
| 13 | | (5) The Secretary shall have the following duties and | 14 | | responsibilities:
| 15 | | (a) To be responsible for the day-to-day operation of | 16 | | the Council.
| 17 | | (b) To serve as a coordinator for all of the State's | 18 | | programs for businesses owned by minorities, females,
and | 19 | | persons with disabilities and as the information and | 20 | | referral center
for all State initiatives for businesses
| 21 | | owned by minorities, females, and persons with | 22 | | disabilities.
| 23 | | (c) To establish an enforcement procedure whereby the | 24 | | Council may
recommend to the appropriate State legal | 25 | | officer that the State exercise
its legal remedies which | 26 | | shall include (1) termination of the contract
involved, (2) |
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| 1 | | prohibition of participation by the respondent in public
| 2 | | contracts for a period not to exceed one year, (3) | 3 | | imposition of a penalty
not to exceed any profit acquired | 4 | | as a result of violation, or (4) any
combination thereof. | 5 | | Such procedures shall require prior approval by Council.
| 6 | | (d) To devise appropriate policies, regulations and | 7 | | procedures for
including participation by businesses owned
| 8 | | by minorities, females, and persons with disabilities as | 9 | | prime contractors
including, but not limited to, (i) | 10 | | encouraging the inclusions of qualified businesses owned | 11 | | by minorities, females, and
persons with disabilities on | 12 | | solicitation lists, (ii)
investigating the potential of | 13 | | blanket bonding programs for small
construction jobs, | 14 | | (iii) investigating and making recommendations
concerning | 15 | | the use of the sheltered market process.
| 16 | | (e) To devise procedures for the waiver of the | 17 | | participation goals in
appropriate circumstances.
| 18 | | (f) To accept donations and, with the approval of the | 19 | | Council or the
Director of Central Management Services, | 20 | | grants related to the purposes of
this Act; to conduct | 21 | | seminars related to the purpose of this Act and to
charge | 22 | | reasonable registration fees; and to sell directories, | 23 | | vendor lists
and other such information to interested | 24 | | parties, except that forms
necessary to become eligible for | 25 | | the program shall be provided free of
charge to a business | 26 | | or individual applying for the program.
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| 1 | | (6) The Council shall study the Illinois State Toll Highway | 2 | | Authority's Earned Credit Program to determine (a) how the | 3 | | Program could be adapted to apply all State construction | 4 | | projects, and (b) the changes to Illinois' statutes and rules | 5 | | that would be needed to implement the Program statewide. The | 6 | | Council shall report its findings to the Secretary of Human | 7 | | Services and to the General Assembly on or before January 1, | 8 | | 2015. This subsection is inoperative on and after January 1, | 9 | | 2016. | 10 | | (Source: P.A. 94-793, eff. 5-19-06 .)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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