Full Text of SB2363 98th General Assembly
SB2363sam001 98TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 5/6/2013
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| 1 | | AMENDMENT TO SENATE BILL 2363
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2363 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Architectural, Engineering, and Land | 5 | | Surveying
Qualifications Based Selection Act is amended by | 6 | | changing Section 45 as follows:
| 7 | | (30 ILCS 535/45) (from Ch. 127, par. 4151-45)
| 8 | | Sec. 45. Small contracts. The provisions of Sections 25, | 9 | | 30, and 35 do
not apply to architectural, engineering, and land | 10 | | surveying contracts with an
estimated basic professional | 11 | | services fee of
less than $50,000 $25,000 .
| 12 | | (Source: P.A. 92-861, eff. 1-3-03.)
| 13 | | Section 10. The Business Enterprise for Minorities, | 14 | | Females, and Persons with
Disabilities Act is amended by | 15 | | changing Section 5 as follows:
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| 1 | | (30 ILCS 575/5) (from Ch. 127, par. 132.605)
| 2 | | (Section scheduled to be repealed on June 30, 2016)
| 3 | | Sec. 5. Business Enterprise Council.
| 4 | | (1) To help implement, monitor and enforce the goals of | 5 | | this Act, there
is created the Business Enterprise Council for
| 6 | | Minorities, Females, and Persons with Disabilities, | 7 | | hereinafter
referred to as the Council, composed of the | 8 | | Secretary of Human Services and
the Directors of the Department | 9 | | of
Human Rights, the Department of Commerce and Economic | 10 | | Opportunity, the
Department of Central Management Services, | 11 | | the Department of Transportation and
the
Capital Development | 12 | | Board, or their duly appointed representatives. Ten
| 13 | | individuals representing businesses that are minority or | 14 | | female owned or
owned by persons with disabilities, 2 | 15 | | individuals representing the business
community, and a | 16 | | representative of public
universities shall be appointed by the | 17 | | Governor. These members shall serve 2
year terms and shall be | 18 | | eligible for reappointment. Any vacancy occurring on
the | 19 | | Council shall also be filled by the Governor. Any member | 20 | | appointed to fill
a vacancy occurring prior to the expiration | 21 | | of the term for which his
predecessor was appointed shall be | 22 | | appointed for the remainder of such term.
Members of the | 23 | | Council shall serve without compensation but shall be | 24 | | reimbursed
for any ordinary and necessary expenses incurred in | 25 | | the performance of their
duties.
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| 1 | | The Director of the Department of Central Management | 2 | | Services shall serve
as the Council chairperson and shall | 3 | | select, subject to approval of the
council, a Secretary | 4 | | responsible for the operation of the program who shall
serve as | 5 | | the Division Manager of the Business
Enterprise for Minorities, | 6 | | Females, and Persons with Disabilities Division
of the | 7 | | Department of Central Management Services.
| 8 | | The Director of each State agency and the chief executive | 9 | | officer of
each State university shall appoint a liaison to the | 10 | | Council. The liaison
shall be responsible for submitting to the | 11 | | Council any reports and
documents necessary under this Act.
| 12 | | (2) The Council's authority and responsibility shall be to:
| 13 | | (a) Devise a certification procedure to assure that | 14 | | businesses taking
advantage of this Act are legitimately | 15 | | classified as businesses owned by minorities, females, or | 16 | | persons with
disabilities.
| 17 | | (a-5) Devise a certification procedure to assure that | 18 | | businesses contracting with public community colleges | 19 | | under the Public Community College Act and taking
advantage | 20 | | of this Act are legitimately classified as businesses owned | 21 | | by minorities.
| 22 | | (b) Maintain a list of all
businesses legitimately | 23 | | classified as businesses owned by minorities,
females, or | 24 | | persons with disabilities to provide to State agencies and | 25 | | State
universities.
| 26 | | (c) Review rules and regulations for the |
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| 1 | | implementation of the program for businesses owned by | 2 | | minorities, females,
and persons with disabilities.
| 3 | | (d) Review compliance plans submitted by each State | 4 | | agency and State
university
pursuant to this Act.
| 5 | | (e) Make annual reports as provided in Section 8f to | 6 | | the Governor and
the General Assembly on the
status of the | 7 | | program.
| 8 | | (f) Serve as a central clearinghouse for information on | 9 | | State
contracts, including the maintenance of a list of all | 10 | | pending State
contracts upon which businesses owned by | 11 | | minorities,
females, and persons with disabilities may | 12 | | bid.
At the Council's discretion, maintenance of the list | 13 | | may include 24-hour
electronic access to the list along | 14 | | with the bid and application information.
| 15 | | (g) Establish a toll free telephone number to | 16 | | facilitate information
requests concerning the | 17 | | certification process and pending contracts.
| 18 | | (3) No premium bond rate of a surety company for a bond | 19 | | required of a business owned by a minority, female, or person
| 20 | | with a disability bidding for a State contract shall be
higher | 21 | | than the lowest rate charged by that surety company for a | 22 | | similar
bond in the same classification of work that would be | 23 | | written for a business not owned by a minority,
female, or | 24 | | person with a disability.
| 25 | | (4) Any Council member who has direct financial or personal | 26 | | interest in
any measure pending before the Council shall |
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| 1 | | disclose this fact to the
Council and refrain from | 2 | | participating in the determination upon such measure.
| 3 | | (5) The Secretary shall have the following duties and | 4 | | responsibilities:
| 5 | | (a) To be responsible for the day-to-day operation of | 6 | | the Council.
| 7 | | (b) To serve as a coordinator for all of the State's | 8 | | programs for businesses owned by minorities, females,
and | 9 | | persons with disabilities and as the information and | 10 | | referral center
for all State initiatives for businesses
| 11 | | owned by minorities, females, and persons with | 12 | | disabilities.
| 13 | | (c) To establish an enforcement procedure whereby the | 14 | | Council may
recommend to the appropriate State legal | 15 | | officer that the State exercise
its legal remedies which | 16 | | shall include (1) termination of the contract
involved, (2) | 17 | | prohibition of participation by the respondent in public
| 18 | | contracts for a period not to exceed one year, (3) | 19 | | imposition of a penalty
not to exceed any profit acquired | 20 | | as a result of violation, or (4) any
combination thereof. | 21 | | Such procedures shall require prior approval by Council.
| 22 | | (d) To devise appropriate policies, regulations and | 23 | | procedures for
including participation by businesses owned
| 24 | | by minorities, females, and persons with disabilities as | 25 | | prime contractors
including, but not limited to, (i) | 26 | | encouraging the inclusions of qualified businesses owned |
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| 1 | | by minorities, females, and
persons with disabilities on | 2 | | solicitation lists, (ii)
investigating the potential of | 3 | | blanket bonding programs for small
construction jobs, | 4 | | (iii) investigating and making recommendations
concerning | 5 | | the use of the sheltered market process.
| 6 | | (e) To devise procedures for the waiver of the | 7 | | participation goals in
appropriate circumstances.
| 8 | | (f) To accept donations and, with the approval of the | 9 | | Council or the
Director of Central Management Services, | 10 | | grants related to the purposes of
this Act; to conduct | 11 | | seminars related to the purpose of this Act and to
charge | 12 | | reasonable registration fees; and to sell directories, | 13 | | vendor lists
and other such information to interested | 14 | | parties, except that forms
necessary to become eligible for | 15 | | the program shall be provided free of
charge to a business | 16 | | or individual applying for the program.
| 17 | | (Source: P.A. 94-793, eff. 5-19-06 .)
| 18 | | Section 15. The Local Government Professional Services | 19 | | Selection Act is amended by changing Sections 4, 5, 6, and 7 | 20 | | and by adding Sections 9 and 10 as follows:
| 21 | | (50 ILCS 510/4) (from Ch. 85, par. 6404)
| 22 | | Sec. 4. Public notice. Present provisions of law | 23 | | notwithstanding, in the
procurement of architectural, | 24 | | engineering or land surveying services, each
political |
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| 1 | | subdivision which utilizes architectural, engineering or land
| 2 | | surveying services shall permit firms engaged in the lawful | 3 | | practice of
their professions to annually file a statement of | 4 | | qualifications and
performance data with the political | 5 | | subdivision. | 6 | | Except as provided otherwise in Section 9 of this Act, | 7 | | whenever Whenever a project
requiring architectural, | 8 | | engineering or land surveying services is proposed
for a | 9 | | political subdivision, the political subdivision shall, unless | 10 | | it has
a satisfactory relationship for services with one or | 11 | | more firms:
| 12 | | (1) Mail a notice requesting a statement of interest in the | 13 | | specific
project to all firms who have a current statement of | 14 | | qualifications and
performance data on file with the political | 15 | | subdivision; or
| 16 | | (2) Place an advertisement in a secular English language | 17 | | daily newspaper
of general circulation throughout such | 18 | | political subdivision, requesting a
statement of interest in | 19 | | the specific project and further requesting
statements of | 20 | | qualifications and performance data from those firms which do
| 21 | | not have such a statement on file with the political | 22 | | subdivision. Such
advertisement shall state the day, hour and | 23 | | place the
statement of interest and the statements of | 24 | | qualifications and performance
data shall be due.
| 25 | | (Source: P.A. 85-854.)
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| 1 | | (50 ILCS 510/5) (from Ch. 85, par. 6405)
| 2 | | Sec. 5. Evaluation Procedure. Except as provided otherwise | 3 | | in Section 9 of this Act, a A political subdivision shall, | 4 | | unless
it has a satisfactory relationship for services with one | 5 | | or more firms, evaluate
the firms submitting letters of | 6 | | interest, taking into account
qualifications, ability of | 7 | | professional personnel, past record and
experience, | 8 | | performance data on file, willingness to meet time
| 9 | | requirements, location, workload of the firm,
and such other | 10 | | qualifications-based factors as the
political subdivision may | 11 | | determine in writing are applicable. The
political subdivision | 12 | | may conduct discussions with and require public
presentations | 13 | | by firms deemed to be the most qualified regarding their
| 14 | | qualifications, approach to the project, and ability to furnish | 15 | | the required services. In no case shall a political | 16 | | subdivision, prior to selecting a firm for negotiation under | 17 | | Section 7, seek formal or informal submission of verbal or | 18 | | written estimates of costs or proposals in terms of dollars, | 19 | | hours required, percentage of construction cost, or any other | 20 | | measure of compensation.
| 21 | | (Source: P.A. 94-1097, eff. 2-2-07.)
| 22 | | (50 ILCS 510/6) (from Ch. 85, par. 6406)
| 23 | | Sec. 6. Selection procedure. Except as provided otherwise | 24 | | in Section 9 of this Act, on On the basis of evaluations,
| 25 | | discussions and presentations, the political subdivision |
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| 1 | | shall, unless it
has a satisfactory relationship for services | 2 | | with one or more firms, select no
less than 3 firms which it | 3 | | determines to be the most qualified to
provide services for the | 4 | | project and rank them in order of qualifications
to provide | 5 | | services regarding the specific project. The political
| 6 | | subdivision shall then contact the firm ranked most preferred | 7 | | and attempt
to negotiate a contract at a fair and reasonable | 8 | | compensation, taking into
account the estimated value, scope, | 9 | | complexity, and professional nature of
the services to be | 10 | | rendered.
If fewer than 3 firms submit letters of interest and | 11 | | the political
subdivision determines that one or both of those | 12 | | firms are so qualified,
the political subdivision may proceed | 13 | | to negotiate a contract pursuant to
this Section and Section 7.
| 14 | | (Source: P.A. 85-854.)
| 15 | | (50 ILCS 510/7) (from Ch. 85, par. 6407)
| 16 | | Sec. 7. Contract negotiation. Except as provided otherwise | 17 | | in Section 9 of this Act: | 18 | | (1) The political subdivision shall
prepare a written | 19 | | description of the scope of the proposed services to be
used as | 20 | | a basis for negotiations and shall negotiate a contract with | 21 | | the
highest qualified firm at compensation that the political | 22 | | subdivision
determines in writing to be fair and reasonable. In | 23 | | making this decision
the political subdivision shall take into | 24 | | account the estimated value,
scope, complexity and | 25 | | professional nature of the services to be rendered.
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| 1 | | (2) If the political subdivision is unable to negotiate a | 2 | | satisfactory
contract with the firm which is most preferred, | 3 | | negotiations with that firm
shall be terminated. The political | 4 | | subdivision shall then begin
negotiations with the firm which | 5 | | is next preferred. If the political
subdivision is unable to | 6 | | negotiate a satisfactory contract with that firm,
negotiations | 7 | | with that firm shall be terminated. The political subdivision
| 8 | | shall then begin negotiations with the firm which is next | 9 | | preferred.
| 10 | | (3) If the political subdivision is unable to negotiate a | 11 | | satisfactory
contract with any of the selected firms, the | 12 | | political subdivision shall
re-evaluate the architectural, | 13 | | engineering or land surveying services
requested, including | 14 | | the estimated value, scope, complexity and fee
requirements. | 15 | | The political subdivision shall then compile a second list
of | 16 | | not less than three qualified firms and proceed in accordance | 17 | | with the
provisions of this Act.
| 18 | | (Source: P.A. 85-854.)
| 19 | | (50 ILCS 510/9 new) | 20 | | Sec. 9. Procurement of certain contracts. Notwithstanding | 21 | | any provision of this Act to the contrary, a political | 22 | | subdivision seeking to procure architectural, engineering, or | 23 | | land surveying services, where the majority of the funding for | 24 | | the project to which the services relate, or for which the | 25 | | services are contemplated, will be provided by the State or any |
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| 1 | | agency thereof, including, but not limited to, direct | 2 | | appropriations and proceeds from the sale of bonds, the | 3 | | political subdivision shall use the process provided for the | 4 | | procurement of architectural, engineering, and land surveying | 5 | | services by State agencies under the Architectural, | 6 | | Engineering, and Land Surveying Qualifications Based Selection | 7 | | Act. | 8 | | (50 ILCS 510/10 new) | 9 | | Sec. 10. Affirmative action. Nothing in this Act shall be | 10 | | deemed to prohibit or restrict political subdivisions from | 11 | | establishing or maintaining affirmative action contracting | 12 | | goals for minorities or women, or small business setaside | 13 | | programs, now or hereafter established by ordinance or rule. | 14 | | Section 20. The Public Community College Act is amended by | 15 | | adding Section 3-65 as follows: | 16 | | (110 ILCS 805/3-65 new) | 17 | | Sec. 3-65. Contracting with minority owned and female owned | 18 | | businesses. | 19 | | (a) Notwithstanding any other provision of this Act, | 20 | | community college boards organized under this Act shall: | 21 | | (1) on or before March 1, 2014, designate an officer as | 22 | | the point of contact for minority owned and female owned | 23 | | businesses; |
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| 1 | | (2) on or before March 1, 2014, adopt a resolution that | 2 | | outlines the goals of the public community college for | 3 | | contracting with minority owned and female owned | 4 | | businesses for the then current fiscal year, the manner in | 5 | | which the public community college intends to reach these | 6 | | goals, and a timetable for reaching these goals; and | 7 | | (3) present a report on January 1, 2017 to the General | 8 | | Assembly indicating the total dollar value of contracts | 9 | | awarded to minority owned and female owned businesses | 10 | | between January 1, 2014 and December 31, 2017, and the | 11 | | total dollars paid to minority owned and female owned | 12 | | businesses between January 1, 2014 and December 31, 2017. | 13 | | These amounts shall also be expressed as a percentage of | 14 | | the total work performed by the entity submitting the | 15 | | report. | 16 | | (b) For the purposes of this Section: | 17 | | "Female owned business" shall have the meaning | 18 | | ascribed to it in paragraph (4) of subsection (A) of | 19 | | Section 2 of the Business Enterprise for Minorities, | 20 | | Females, and Persons with Disabilities Act. | 21 | | "Minority owned business" shall have the meaning | 22 | | ascribed to it in paragraph (3) of subsection (A) of | 23 | | Section 2 of the Business Enterprise for Minorities, | 24 | | Females, and Persons with Disabilities Act.
| 25 | | Section 99. Effective date. This Act takes effect January |
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| 1 | | 1, 2014.".
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