Full Text of SB2761 98th General Assembly
SB2761enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Transportation Law of the
| 5 | | Civil Administrative Code of Illinois is amended by changing | 6 | | Section 2705-600 as follows: | 7 | | (20 ILCS 2705/2705-600) | 8 | | (Section scheduled to be repealed on June 30, 2014)
| 9 | | Sec. 2705-600. Target market program. In order to remedy | 10 | | particular incidents and patterns of egregious race or gender | 11 | | discrimination, the chief procurement officer, in consultation | 12 | | with the Department, shall have the power to implement a target | 13 | | market program incorporating the following terms: | 14 | | (0.5) Each fiscal year, the Department shall review any | 15 | | and all evidence of discrimination related to | 16 | | transportation construction projects. Evidence of | 17 | | discrimination may include, but is not limited to: (i) the | 18 | | determination of the Department's utilization of | 19 | | minority-owned and female-owned firms in its prime | 20 | | contracts and associated subcontracts; (ii) the | 21 | | availability of minority-owned and female-owned firms in | 22 | | the Department's geographic market areas and specific | 23 | | construction industry markets; (iii) any disparities |
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| 1 | | between the utilization of minority-owned and female-owned | 2 | | firms in the Department's markets and the utilization of | 3 | | those firms on the Department's prime contracts and | 4 | | subcontracts in those markets; (iv) any disparities | 5 | | between the utilization of minority-owned and female-owned | 6 | | firms in the overall construction markets in which the | 7 | | Department purchases and the utilization of those firms in | 8 | | the overall construction economy in which the Department | 9 | | operates; (v) evidence of discrimination in the rates at | 10 | | which minority-owned and female-owned firms in the | 11 | | Department's markets form businesses compared to similar | 12 | | non-minority-owned and non-female-owned firms in the | 13 | | Department's markets and in the dollars earned by such | 14 | | businesses; and (vi) quantitative and qualitative | 15 | | anecdotal evidence of discrimination. If after reviewing | 16 | | such evidence, the Department finds and the chief | 17 | | procurement officer concurs in the findings that the | 18 | | Department has a strong basis in evidence that it has a | 19 | | compelling interest in remedying the identified | 20 | | discrimination against a specific group, race, or gender, | 21 | | and that the only remedy for such discrimination is a | 22 | | narrowly tailored target market, the chief procurement | 23 | | officer, in consultation with the Department, has the power | 24 | | to establish and implement a target market program tailored | 25 | | to address the specific findings of egregious | 26 | | discrimination made by the Department, after a public |
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| 1 | | hearing at which minority, female, and general contractor | 2 | | groups, community organizations, and other interested | 3 | | parties shall have the opportunity to provide comments. | 4 | | (1) In January of each year, the Department and the | 5 | | chief procurement officer shall report jointly to the | 6 | | General Assembly the results of any evidentiary inquiries | 7 | | or studies that establish the Department's compelling | 8 | | interest in remedying egregious discrimination based upon | 9 | | strong evidence of the need for a narrowly tailored target | 10 | | market to remedy such discrimination and public hearings | 11 | | held pursuant to this Section, and shall report the actions | 12 | | to be taken to address the findings, including, if | 13 | | warranted, the establishment and implementation of any | 14 | | target market initiatives. | 15 | | (2) The chief procurement officer shall work with the | 16 | | officers and divisions of the Department to determine the | 17 | | appropriate designation of contracts as target market | 18 | | contracts. The chief procurement officer, in consultation | 19 | | with the Department, shall determine appropriate contract | 20 | | formation and bidding procedures for target market | 21 | | contracts, including, but not limited to, the dividing of | 22 | | procurements so designated into contract award units in | 23 | | order to facilitate offers or bids from minority-owned | 24 | | businesses and female-owned businesses and the removal of | 25 | | bid bond requirements for minority-owned businesses and | 26 | | female-owned businesses. Minority-owned businesses and |
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| 1 | | female-owned businesses shall remain eligible to seek the | 2 | | procurement award of contracts that have not been | 3 | | designated as target market contracts. | 4 | | (3) The chief procurement officer may make | 5 | | participation in the target market program dependent upon | 6 | | submission to stricter compliance audits than are | 7 | | generally applicable. No contract shall be eligible for | 8 | | inclusion in the target market program unless the | 9 | | Department determines that there are at least 3 | 10 | | minority-owned businesses or female-owned businesses | 11 | | interested in participating in that type of contract. The | 12 | | Department, with the concurrence of the chief procurement | 13 | | officer, may develop guidelines to regulate the level of | 14 | | participation of individual minority-owned businesses and | 15 | | female-owned businesses in the target market program in | 16 | | order to prevent the domination of the target market | 17 | | program by a small number of those entities. The Department | 18 | | may require minority-owned businesses and female-owned | 19 | | businesses to participate in training programs offered by | 20 | | the Department or other State agencies as a condition | 21 | | precedent to participation in the target market program. | 22 | | (4) Participation in the target market program shall be | 23 | | limited to minority-owned businesses and female-owned | 24 | | businesses and joint ventures consisting exclusively of | 25 | | minority-owned businesses, female-owned businesses, or | 26 | | both, that are certified as disadvantaged businesses |
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| 1 | | pursuant to the provisions of Section 6(d) of the Business | 2 | | Enterprise for Minorities, Females, and Persons with | 3 | | Disabilities Act. A firm awarded a target market contract | 4 | | may subcontract up to 50% of the dollar value of the target | 5 | | market contract to subcontractors who are not | 6 | | minority-owned businesses or female-owned businesses. | 7 | | (5) The Department may include in the target market | 8 | | program contracts that are funded by the federal government | 9 | | to the extent allowed by federal law and may vary the | 10 | | standards of eligibility of the target market program to | 11 | | the extent necessary to comply with the federal funding | 12 | | requirements. | 13 | | (6) If no satisfactory bid or response is received with | 14 | | respect to a contract that has been designated as part of | 15 | | the target market program, the chief procurement officer, | 16 | | in consultation with the Department, may delete that | 17 | | contract from the target market program. In addition, the | 18 | | chief procurement officer, in consultation with the | 19 | | Department, may thereupon designate and set aside for the | 20 | | target market program additional contracts corresponding | 21 | | in approximate value to the contract that was deleted from | 22 | | the target market program, in keeping with the narrowly | 23 | | tailored process used for selecting contracts suitable for | 24 | | the program and to the extent feasible. | 25 | | (7) The chief procurement officer, in consultation | 26 | | with the Department, shall promulgate such rules as he or |
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| 1 | | she deems necessary to administer the target market | 2 | | program.
| 3 | | If any part, sentence, or clause of this Section is for any | 4 | | reason held invalid or to be unconstitutional, such decision | 5 | | shall not affect the validity of the remaining portions of this | 6 | | Section. | 7 | | This Section is repealed on June 30, 2017 2014 . | 8 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | 9 | | for the effective date of P.A. 96-795); 97-228, eff. 7-28-11.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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