Full Text of SB3106 100th General Assembly
SB3106sam001 100TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 3/13/2018
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| 1 | | AMENDMENT TO SENATE BILL 3106
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3106 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Comptroller Act is amended by | 5 | | changing Section 23.9 as follows: | 6 | | (15 ILCS 405/23.9) | 7 | | Sec. 23.9. Minority Contractor Opportunity Initiative. The | 8 | | State Comptroller Minority Contractor Opportunity Initiative | 9 | | is created to provide greater opportunities for minority-owned | 10 | | businesses, women-owned businesses, businesses owned by | 11 | | persons with disabilities, and small businesses with 20 or | 12 | | fewer employees in this State to participate in the State | 13 | | procurement process. The initiative shall be administered by | 14 | | the Comptroller. Under this initiative, the Comptroller is | 15 | | responsible for the following: (i) outreach to minority-owned | 16 | | businesses, women-owned businesses, businesses owned by |
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| 1 | | persons with disabilities, and small businesses capable of | 2 | | providing services to the State; (ii) education of | 3 | | minority-owned businesses, women-owned businesses, businesses | 4 | | owned by persons with disabilities, and small businesses | 5 | | concerning State contracting and procurement; (iii) | 6 | | notification of minority-owned businesses, women-owned | 7 | | businesses, businesses owned by persons with disabilities, and | 8 | | small businesses of State contracting opportunities; and (iv) | 9 | | maintenance of an online database of State contracts that | 10 | | identifies the contracts awarded to minority-owned businesses, | 11 | | women-owned businesses, businesses owned by persons with | 12 | | disabilities, and small businesses that includes the total | 13 | | amount paid by State agencies to contractors and the percentage | 14 | | paid to minority-owned businesses, women-owned businesses, | 15 | | businesses owned by persons with disabilities, and small | 16 | | businesses. | 17 | | The Comptroller shall work with the Business Enterprise | 18 | | Council created under Section 5 of the Business Enterprise for | 19 | | Minorities, Women, and Persons with Disabilities Act shall | 20 | | provide the Comptroller with information necessary to fulfill | 21 | | the Comptroller's responsibilities under this Section , | 22 | | including, but not limited to, . The Comptroller may rely on the | 23 | | Business Enterprise Council's identification of minority-owned | 24 | | businesses, women-owned businesses, and businesses owned by | 25 | | persons with disabilities. | 26 | | The Comptroller shall annually prepare and submit a report |
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| 1 | | to the Governor and the General Assembly concerning the | 2 | | progress of this initiative including the following | 3 | | information for the preceding fiscal calendar year: (i) a | 4 | | statement of the total amounts paid by each executive branch | 5 | | agency to contractors since the previous report; (ii) the | 6 | | percentage of the amounts that were paid to minority-owned | 7 | | businesses, women-owned businesses, businesses owned by | 8 | | persons with disabilities, and small businesses; (iii) the | 9 | | successes achieved and the challenges faced by the Comptroller | 10 | | in operating outreach programs for minorities, women, persons | 11 | | with disabilities, and small businesses; (iv) the challenges | 12 | | each executive branch agency may face in hiring qualified | 13 | | minority, woman, and small business employees and employees | 14 | | with disabilities and contracting with qualified | 15 | | minority-owned businesses, women-owned businesses, businesses | 16 | | owned by persons with disabilities, and small businesses; and | 17 | | (v) (iv) any other information, findings, conclusions, and | 18 | | recommendations for legislative or agency action, as the | 19 | | Comptroller deems appropriate. | 20 | | On and after the effective date of this amendatory Act of | 21 | | the 97th General Assembly, any bidder or offeror awarded a | 22 | | contract of $1,000 or more under Section 20-10, 20-15, 20-25, | 23 | | or 20-30 of the Illinois Procurement Code is required to pay a | 24 | | fee of $15 to cover expenses related to the administration of | 25 | | this Section. The Comptroller shall deduct the fee from the | 26 | | first check issued to the vendor under the contract and deposit |
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| 1 | | the fee into the Comptroller's Administrative Fund. Contracts | 2 | | administered for statewide orders placed by agencies (commonly | 3 | | referred to as "statewide master contracts") are exempt from | 4 | | this fee.
| 5 | | Each Chief Procurement Officer shall provide to the | 6 | | Comptroller information necessary to fulfill the Comptroller's | 7 | | responsibilities under this Section, including, but not | 8 | | limited to, identification of small businesses. | 9 | | (Source: P.A. 99-143, eff. 7-27-15; 100-391, eff. 8-25-17.) | 10 | | Section 10. The Business Enterprise for Minorities, Women, | 11 | | and Persons with
Disabilities Act is amended by changing | 12 | | Sections 3 and 5 as follows:
| 13 | | (30 ILCS 575/3) (from Ch. 127, par. 132.603)
| 14 | | (Section scheduled to be repealed on June 30, 2020)
| 15 | | Sec. 3. Implementation and applicability. This Act shall be | 16 | | applied
to all State agencies and public institutions of higher | 17 | | education. State constitutional officers shall establish | 18 | | aspirational goals for contract awards substantially in | 19 | | accordance with the requirements of subsection (a) of Section 4 | 20 | | and subsection (1) of Section 4f of this Act, unless otherwise | 21 | | governed by other law. No State constitutional officer shall be | 22 | | subject to the jurisdiction of another State constitutional | 23 | | officer, or any agency that reports to another State | 24 | | constitutional officer, including the Business Enterprise |
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| 1 | | Council established under this Act, with regard to steps taken | 2 | | to achieve aspirational goals. Constitutional officers shall | 3 | | annually post their utilization of businesses owned by | 4 | | minorities, women, and persons with disabilities during the | 5 | | preceding fiscal year on their Internet websites.
| 6 | | (Source: P.A. 99-462, eff. 8-25-15 .)
| 7 | | (30 ILCS 575/5) (from Ch. 127, par. 132.605)
| 8 | | (Section scheduled to be repealed on June 30, 2020)
| 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, Women, and Persons with Disabilities, hereinafter
| 13 | | referred to as the Council, composed of the State Comptroller, | 14 | | the Secretary of Human Services and
the Directors of the | 15 | | Department of
Human Rights, the Department of Commerce and | 16 | | Economic Opportunity, the
Department of Central Management | 17 | | Services, the Department of Transportation and
the
Capital | 18 | | Development Board, or their duly appointed representatives. | 19 | | Ten
individuals representing businesses that are | 20 | | minority-owned or women-owned or
owned by persons with | 21 | | disabilities, 2 individuals representing the business
| 22 | | community, and a representative of public institutions of | 23 | | higher education shall be appointed by the Governor. These | 24 | | members shall serve 2
year terms and shall be eligible for | 25 | | reappointment. Any vacancy occurring on
the Council shall also |
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| 1 | | be filled by the Governor. Any member appointed to fill
a | 2 | | vacancy occurring prior to the expiration of the term for which | 3 | | his
predecessor was appointed shall be appointed for the | 4 | | remainder of such term.
Members of the Council shall serve | 5 | | without compensation but shall be reimbursed
for any ordinary | 6 | | and necessary expenses incurred in the performance of their
| 7 | | duties.
| 8 | | The Director of the Department of Central Management | 9 | | Services shall serve
as the Council chairperson and shall | 10 | | select, subject to approval of the
council, a Secretary | 11 | | responsible for the operation of the program who shall
serve as | 12 | | the Division Manager of the Business
Enterprise for Minorities, | 13 | | Women, and Persons with Disabilities Division
of the Department | 14 | | of Central Management Services.
| 15 | | The Director of each State agency and the chief executive | 16 | | officer of
each public institutions of higher education shall | 17 | | appoint a liaison to the Council. The liaison
shall be | 18 | | responsible for submitting to the Council any reports and
| 19 | | 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, women, or | 24 | | persons with
disabilities.
| 25 | | (b) Maintain a list of all
businesses legitimately | 26 | | classified as businesses owned by minorities, women, or |
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| 1 | | persons with disabilities to provide to State agencies and | 2 | | public institutions of higher education.
| 3 | | (c) Review rules and regulations for the | 4 | | implementation of the program for businesses owned by | 5 | | minorities, women,
and persons with disabilities.
| 6 | | (d) Review compliance plans submitted by each State | 7 | | agency and public institutions of higher education
| 8 | | pursuant to this Act.
| 9 | | (e) Make annual reports as provided in Section 8f to | 10 | | the Governor and
the General Assembly on the
status of the | 11 | | program.
| 12 | | (f) Serve as a central clearinghouse for information on | 13 | | State
contracts, including the maintenance of a list of all | 14 | | pending State
contracts upon which businesses owned by | 15 | | minorities, women, and persons with disabilities may bid.
| 16 | | At the Council's discretion, maintenance of the list may | 17 | | include 24-hour
electronic access to the list along with | 18 | | the bid and application information.
| 19 | | (g) Establish a toll free telephone number to | 20 | | facilitate information
requests concerning the | 21 | | certification process and pending contracts.
| 22 | | (3) No premium bond rate of a surety company for a bond | 23 | | required of a business owned by a minority, woman, or person
| 24 | | with a disability bidding for a State contract shall be
higher | 25 | | than the lowest rate charged by that surety company for a | 26 | | similar
bond in the same classification of work that would be |
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| 1 | | written for a business not owned by a minority, woman, or | 2 | | person with a disability.
| 3 | | (4) Any Council member who has direct financial or personal | 4 | | interest in
any measure pending before the Council shall | 5 | | disclose this fact to the
Council and refrain from | 6 | | participating in the determination upon such measure.
| 7 | | (5) The Secretary shall have the following duties and | 8 | | responsibilities:
| 9 | | (a) To be responsible for the day-to-day operation of | 10 | | the Council.
| 11 | | (b) To serve as a coordinator for all of the State's | 12 | | programs for businesses owned by minorities, women,
and | 13 | | persons with disabilities and as the information and | 14 | | referral center
for all State initiatives for businesses
| 15 | | owned by minorities, women, and persons with 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 3 years, (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, women, 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, women, 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.
| 11 | | (f) To accept donations and, with the approval of the | 12 | | Council or the
Director of Central Management Services, | 13 | | grants related to the purposes of
this Act; to conduct | 14 | | seminars related to the purpose of this Act and to
charge | 15 | | reasonable registration fees; and to sell directories, | 16 | | vendor lists
and other such information to interested | 17 | | parties, except that forms
necessary to become eligible for | 18 | | the program shall be provided free of
charge to a business | 19 | | or individual applying for the program.
| 20 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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