Full Text of SB2228 98th General Assembly
SB2228 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2228 Introduced 2/15/2013, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
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30 ILCS 575/5 | from Ch. 127, par. 132.605 |
30 ILCS 805/8.37 new | |
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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.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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| 8 | | (Section scheduled to be repealed on June 30, 2016)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, | 17 | | the Department of Transportation and
the
Capital Development | 18 | | Board, or their duly appointed representatives. Ten
| 19 | | individuals representing businesses that are minority or | 20 | | female owned or
owned by persons with disabilities, 2 | 21 | | individuals representing the business
community, and a | 22 | | representative of public
universities shall be appointed by the | 23 | | Governor. These members shall serve 2
year terms and shall be |
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| 1 | | eligible for reappointment. Any vacancy occurring on
the | 2 | | Council shall also be filled by the Governor. Any member | 3 | | appointed to fill
a vacancy occurring prior to the expiration | 4 | | of the term for which his
predecessor was appointed shall be | 5 | | appointed for the remainder of such term.
Members of the | 6 | | Council shall serve without compensation but shall be | 7 | | reimbursed
for any ordinary and necessary expenses incurred in | 8 | | the performance of their
duties.
| 9 | | The Director of the Department of Central Management | 10 | | Services shall serve
as the Council chairperson and shall | 11 | | select, subject to approval of the
council, a Secretary | 12 | | responsible for the operation of the program who shall
serve as | 13 | | the Division Manager of the Business
Enterprise for Minorities, | 14 | | Females, and Persons with Disabilities Division
of the | 15 | | Department of Central Management Services.
| 16 | | The Director of each State agency and the chief executive | 17 | | officer of
each State university shall appoint a liaison to the | 18 | | Council. The liaison
shall be responsible for submitting to the | 19 | | Council 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 | 22 | | required of a business owned by a minority, female, or person
| 23 | | with a disability bidding for a State contract shall be
higher | 24 | | than the lowest rate charged by that surety company for a | 25 | | similar
bond in the same classification of work that would be | 26 | | written for a business not owned by a minority,
female, or |
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| 1 | | person with a disability.
| 2 | | (4) Any Council member who has direct financial or personal | 3 | | interest in
any measure pending before the Council shall | 4 | | disclose this fact to the
Council and refrain from | 5 | | participating in the determination upon such measure.
| 6 | | (5) The Secretary shall have the following duties and | 7 | | responsibilities:
| 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 | 2 | | Section 8.37 as follows: | 3 | | (30 ILCS 805/8.37 new) | 4 | | Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8 | 5 | | of this Act, no reimbursement by the State is required for the | 6 | | implementation of any mandate created by this amendatory Act of | 7 | | the 98th General Assembly.
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