Full Text of SB2365 100th General Assembly
SB2365sam003 100TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 5/24/2018
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| 1 | | AMENDMENT TO SENATE BILL 2365
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2365, AS AMENDED, | 3 | | in Section 5, Sec. 20-60, after the last sentence of subsection | 4 | | (d), by inserting " This subsection (d) does not apply to the | 5 | | renewal of contracts for construction or construction-related | 6 | | services. "; and
| 7 | | in Section 5, Sec. 50-80, subsection (a), by replacing | 8 | | " Executive Ethics Commission " with " Business Enterprise | 9 | | Council "; and | 10 | | in Section 5, Sec. 50-80, in the first sentence of subsection | 11 | | (b), by replacing " Executive Ethics Commission " with " Business | 12 | | Enterprise Council "; and | 13 | | in Section 5, Sec. 50-80, subsection (b), by deleting " , as | 14 | | well as a plan to increase the diversity
of their vendors | 15 | | engaged in contracts, with a particular focus
on those most |
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| 1 | | underrepresented in contract awards "; and | 2 | | in the introductory clause of Section 10 by replacing "Section | 3 | | 4f" with "Sections 4f and 6"; and | 4 | | in Section 10, Sec. 4f, after the last sentence of paragraph | 5 | | (c) of subsection (1), by inserting " In the case of State | 6 | | contracts for architectural and engineering services, the | 7 | | provisions of this subsection (c) requiring a portion of State | 8 | | contracts to be awarded to businesses owned and controlled by | 9 | | persons with disabilities do not apply. "; and | 10 | | in Section 10, after Sec. 4f, by inserting the following:
| 11 | | "(30 ILCS 575/6) (from Ch. 127, par. 132.606)
| 12 | | (Section scheduled to be repealed on June 30, 2020)
| 13 | | Sec. 6. Agency compliance plans. Each State agency and | 14 | | public institutions of higher education
under the
jurisdiction | 15 | | of this Act
shall file
with the Council an annual compliance | 16 | | plan which shall outline the
goals of the State agency or | 17 | | public institutions of higher education for contracting with | 18 | | businesses owned by minorities, women, and
persons with | 19 | | disabilities for the then current fiscal
year, the manner in | 20 | | which the agency intends to reach these goals and a
timetable | 21 | | for reaching these goals. The Council shall review and approve
| 22 | | the plan of each State agency and public institutions of higher |
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| 1 | | education and may reject any
plan that does
not comply with
| 2 | | this Act or any rules or regulations promulgated pursuant to | 3 | | this Act.
| 4 | | (a) The compliance plan shall also include, but not be | 5 | | limited to, (1) a
policy statement, signed by the State agency | 6 | | or public institution of higher education head,
expressing a
| 7 | | commitment to
encourage the use of
businesses owned by
| 8 | | minorities, women, and persons with disabilities, (2) the | 9 | | designation of
the liaison
officer
provided for in Section 5 of | 10 | | this Act, (3) procedures to distribute to
potential contractors | 11 | | and vendors the list of all businesses legitimately classified | 12 | | as businesses owned by
minorities, women, and persons with | 13 | | disabilities and so certified under
this Act, (4) procedures to | 14 | | set
separate contract goals on specific prime contracts and | 15 | | purchase orders
with subcontracting possibilities based upon | 16 | | the type of work or services
and subcontractor availability, | 17 | | (5) procedures to assure that contractors
and vendors make good | 18 | | faith efforts to meet contract goals, (6) procedures
for | 19 | | contract goal exemption, modification and waiver, and (7) the | 20 | | delineation
of separate contract goals for businesses owned by | 21 | | minorities, women, and persons with
disabilities.
| 22 | | (b) Approval of the compliance plans shall include such | 23 | | delegation of
responsibilities to the requesting State agency | 24 | | or public institution of higher education as
the Council
deems | 25 | | necessary
and appropriate to fulfill the purpose of this Act. | 26 | | Such responsibilities
may include, but need not be limited to |
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| 1 | | those outlined in subsections (1),
(2) and (3) of Section 7, | 2 | | paragraph (a) of Section 8, and Section 8a of this Act.
| 3 | | (c) Each State agency and public institution of higher | 4 | | education under the jurisdiction of
this Act
shall
file with | 5 | | the Council an annual report of its utilization of businesses | 6 | | owned
by minorities, women, and persons with disabilities | 7 | | during the preceding fiscal year including lapse period | 8 | | spending
and a mid-fiscal year report of its utilization to | 9 | | date for the then current
fiscal year. The reports shall | 10 | | include a self-evaluation of the efforts of the
State agency or | 11 | | public institution of higher education to meet its goals under | 12 | | the
Act , as well as a plan to increase the diversity
of their | 13 | | vendors engaged in contracts, with a particular focus
on those | 14 | | most underrepresented in contract awards .
| 15 | | (d) Notwithstanding any provisions to the contrary in this | 16 | | Act,
any State
agency or public institution of higher education | 17 | | which administers a construction program,
for which federal law | 18 | | or regulations establish standards and procedures for
the | 19 | | utilization of minority-owned and women-owned businesses and | 20 | | disadvantaged businesses,
shall implement a disadvantaged | 21 | | business enterprise program to include minority-owned and | 22 | | women-owned businesses and disadvantaged businesses, using
the | 23 | | federal
standards and procedures for the establishment of goals | 24 | | and
utilization procedures for the State-funded, as well as the | 25 | | federally
assisted, portions of the program. In such cases, | 26 | | these goals shall not
exceed those established pursuant to the |
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| 1 | | relevant federal statutes or
regulations.
Notwithstanding the | 2 | | provisions of Section 8b, the Illinois Department of
| 3 | | Transportation is authorized to establish sheltered markets | 4 | | for the
State-funded portions of the program consistent with | 5 | | federal law and
regulations.
Additionally, a compliance plan | 6 | | which is filed by such State
agency or public institution of | 7 | | higher education pursuant to this Act, which incorporates
| 8 | | equivalent terms and
conditions of its federally-approved | 9 | | compliance plan, shall be deemed
approved under this Act.
| 10 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)".
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