Full Text of SB3106 100th General Assembly
SB3106sam004 100TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 3106
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3106, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Attorney General Act is amended by adding | 6 | | Section 9 as follows: | 7 | | (15 ILCS 205/9 new) | 8 | | Sec. 9. Contract aspirational goals. The Attorney General | 9 | | shall establish aspirational goals for contract awards for all | 10 | | contracts for goods and services, not including contracts for | 11 | | services relating to investigations or litigation. These | 12 | | aspirational goals shall be substantially in accordance with | 13 | | the Business Enterprise for Minorities, Women, and Persons with | 14 | | Disabilities Act, unless otherwise governed by other law. The | 15 | | Attorney General shall not be subject to the jurisdiction of | 16 | | the Business Enterprise Council established under the Business |
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| 1 | | Enterprise for Minorities, Women, and Persons with | 2 | | Disabilities Act, with regard to steps taken to achieve | 3 | | aspirational goals. The Attorney General shall annually post | 4 | | information regarding the Office's utilization of businesses | 5 | | owned by minorities, women, and persons with disabilities | 6 | | during the preceding fiscal year on the Office's Internet | 7 | | websites. | 8 | | Section 10. The Secretary of State Act is amended by adding | 9 | | Section 19 as follows: | 10 | | (15 ILCS 305/19 new) | 11 | | Sec. 19. Contract aspirational goals. The Secretary of | 12 | | State shall establish aspirational goals for contract awards | 13 | | substantially in accordance with the Business Enterprise for | 14 | | Minorities, Women, and Persons with Disabilities Act, unless | 15 | | otherwise governed by other law. The Secretary of State shall | 16 | | not be subject to the jurisdiction of the Business Enterprise | 17 | | Council established under the Business Enterprise for | 18 | | Minorities, Women, and Persons with Disabilities Act, with | 19 | | regard to steps taken to achieve aspirational goals. The | 20 | | Secretary of State shall annually post the Office's utilization | 21 | | of businesses owned by minorities, women, and persons with | 22 | | disabilities during the preceding fiscal year on the Office's | 23 | | Internet websites. |
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| 1 | | Section 15. The State Comptroller Act is amended by | 2 | | changing Section 23.9, and by adding Section 23.10 as follows: | 3 | | (15 ILCS 405/23.9) | 4 | | Sec. 23.9. Minority Contractor Opportunity Initiative. The | 5 | | State Comptroller Minority Contractor Opportunity Initiative | 6 | | is created to provide greater opportunities for minority-owned | 7 | | businesses, women-owned businesses, businesses owned by | 8 | | persons with disabilities, and small businesses with 20 or | 9 | | fewer employees in this State to participate in the State | 10 | | procurement process. The initiative shall be administered by | 11 | | the Comptroller. Under this initiative, the Comptroller is | 12 | | responsible for the following: (i) outreach to minority-owned | 13 | | businesses, women-owned businesses, businesses owned by | 14 | | persons with disabilities, and small businesses capable of | 15 | | providing services to the State; (ii) education of | 16 | | minority-owned businesses, women-owned businesses, businesses | 17 | | owned by persons with disabilities, and small businesses | 18 | | concerning State contracting and procurement; (iii) | 19 | | notification of minority-owned businesses, women-owned | 20 | | businesses, businesses owned by persons with disabilities, and | 21 | | small businesses of State contracting opportunities; and (iv) | 22 | | maintenance of an online database of State contracts that | 23 | | identifies the contracts awarded to minority-owned businesses, | 24 | | women-owned businesses, businesses owned by persons with | 25 | | disabilities, and small businesses that includes the total |
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| 1 | | amount paid by State agencies to contractors and the percentage | 2 | | paid to minority-owned businesses, women-owned businesses, | 3 | | businesses owned by persons with disabilities, and small | 4 | | businesses. | 5 | | The Comptroller shall work with the Business Enterprise | 6 | | Council created under Section 5 of the Business Enterprise for | 7 | | Minorities, Women, and Persons with Disabilities Act shall | 8 | | provide the Comptroller with names, Federal Employer | 9 | | Identification Numbers, and designations of Business | 10 | | Enterprise Program certified vendors to fulfill the | 11 | | Comptroller's responsibilities under this Section , including, | 12 | | but not limited to, . The Comptroller may rely on the Business | 13 | | Enterprise Council's identification of minority-owned | 14 | | businesses, women-owned businesses, and businesses owned by | 15 | | persons with disabilities. | 16 | | The Comptroller shall annually prepare and submit a report | 17 | | to the Governor and the General Assembly concerning the | 18 | | progress of this initiative including the following | 19 | | information for the preceding fiscal calendar year: (i) a | 20 | | statement of the total amounts paid by each executive branch | 21 | | agency to contractors since the previous report; (ii) the | 22 | | percentage of the amounts that were paid to minority-owned | 23 | | businesses, women-owned businesses, businesses owned by | 24 | | persons with disabilities, and small businesses; (iii) the | 25 | | successes achieved and the challenges faced by the Comptroller | 26 | | in operating outreach programs for minorities, women, persons |
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| 1 | | with disabilities, and small businesses; (iv) the challenges | 2 | | each executive branch agency may face in hiring qualified | 3 | | minority, woman, and small business employees and employees | 4 | | with disabilities and contracting with qualified | 5 | | minority-owned businesses, women-owned businesses, businesses | 6 | | owned by persons with disabilities, and small businesses; and | 7 | | (v) (iv) any other information, findings, conclusions, and | 8 | | recommendations for legislative or agency action, as the | 9 | | Comptroller deems appropriate. | 10 | | On and after the effective date of this amendatory Act of | 11 | | the 97th General Assembly, any bidder or offeror awarded a | 12 | | contract of $1,000 or more under Section 20-10, 20-15, 20-25, | 13 | | or 20-30 of the Illinois Procurement Code is required to pay a | 14 | | fee of $15 to cover expenses related to the administration of | 15 | | this Section. The Comptroller shall deduct the fee from the | 16 | | first check issued to the vendor under the contract and deposit | 17 | | the fee into the Comptroller's Administrative Fund. Contracts | 18 | | administered for statewide orders placed by agencies (commonly | 19 | | referred to as "statewide master contracts") are exempt from | 20 | | this fee.
| 21 | | Each Chief Procurement Officer shall provide the | 22 | | Comptroller with names and Federal Employer Identification | 23 | | Numbers of vendors registered in the Illinois Small Business | 24 | | Set Aside Program to aid the Comptroller in fulfilling his or | 25 | | her responsibilities under this Section. | 26 | | (Source: P.A. 99-143, eff. 7-27-15; 100-391, eff. 8-25-17.) |
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| 1 | | (15 ILCS 405/23.10 new) | 2 | | Sec. 23.10. Contract aspirational goals. The Comptroller | 3 | | shall establish aspirational goals for contract awards | 4 | | substantially in accordance with the Business Enterprise for | 5 | | Minorities, Women, and Persons with Disabilities Act, unless | 6 | | otherwise governed by other law. The Comptroller shall not be | 7 | | subject to the jurisdiction of the Business Enterprise Council | 8 | | established under the Business Enterprise for Minorities, | 9 | | Women, and Persons with Disabilities Act, with regard to steps | 10 | | taken to achieve aspirational goals. The Comptroller shall | 11 | | annually post the Office's utilization of businesses owned by | 12 | | minorities, women, and persons with disabilities during the | 13 | | preceding fiscal year on the Office's Internet websites. | 14 | | Section 20. The Illinois State Auditing Act is amended by | 15 | | adding Section 2-16 as follows: | 16 | | (30 ILCS 5/2-16 new) | 17 | | Sec. 2-16. Contract aspirational goals. The Auditor | 18 | | General shall establish aspirational goals for contract awards | 19 | | substantially in accordance the Business Enterprise for | 20 | | Minorities, Women, and Persons with Disabilities Act, unless | 21 | | otherwise governed by other law. The Auditor General Shall not | 22 | | be subject to the jurisdiction of the Business Enterprise | 23 | | Council established under the Business Enterprise for |
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| 1 | | Minorities, Women, and Persons with Disabilities Act, with | 2 | | regard to steps taken to achieve aspirational goals. The | 3 | | Auditor General shall annually post the Office's utilization of | 4 | | businesses owned by minorities, women, and persons with | 5 | | disabilities during the preceding fiscal year on the Office's | 6 | | Internet websites. | 7 | | Section 25. The Business Enterprise for Minorities, Women, | 8 | | and Persons with
Disabilities Act is amended by changing | 9 | | Section 5 as follows:
| 10 | | (30 ILCS 575/5) (from Ch. 127, par. 132.605)
| 11 | | (Section scheduled to be repealed on June 30, 2020)
| 12 | | Sec. 5. Business Enterprise Council.
| 13 | | (1) To help implement, monitor and enforce the goals of | 14 | | this Act, there
is created the Business Enterprise Council for
| 15 | | Minorities, Women, and Persons with Disabilities, hereinafter
| 16 | | referred to as the Council, composed of the Secretary of Human | 17 | | Services and
the Directors of the Department of
Human Rights, | 18 | | the Department of Commerce and Economic Opportunity, the
| 19 | | Department of Central Management Services, the Department of | 20 | | Transportation and
the
Capital Development Board, or their duly | 21 | | appointed representatives , with the Comptroller, or his or her | 22 | | designee, serving as an advisory member of the Council . Ten
| 23 | | individuals representing businesses that are minority-owned or | 24 | | women-owned or
owned by persons with disabilities, 2 |
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| 1 | | individuals representing the business
community, and a | 2 | | representative of public institutions of higher education | 3 | | shall be appointed by the Governor. These members shall serve 2
| 4 | | year terms and shall be eligible for reappointment. Any vacancy | 5 | | occurring on
the Council shall also be filled by the Governor. | 6 | | Any member appointed to fill
a vacancy occurring prior to the | 7 | | expiration of the term for which his
predecessor was appointed | 8 | | shall be appointed for the remainder of such term.
Members of | 9 | | the Council shall serve without compensation but shall be | 10 | | reimbursed
for any ordinary and necessary expenses incurred in | 11 | | the performance of their
duties.
| 12 | | The Director of the Department of Central Management | 13 | | Services shall serve
as the Council chairperson and shall | 14 | | select, subject to approval of the
council, a Secretary | 15 | | responsible for the operation of the program who shall
serve as | 16 | | the Division Manager of the Business
Enterprise for Minorities, | 17 | | Women, and Persons with Disabilities Division
of the Department | 18 | | of Central Management Services.
| 19 | | The Director of each State agency and the chief executive | 20 | | officer of
each public institutions of higher education shall | 21 | | appoint a liaison to the Council. The liaison
shall be | 22 | | responsible for submitting to the Council any reports and
| 23 | | documents necessary under this Act.
| 24 | | (2) The Council's authority and responsibility shall be to:
| 25 | | (a) Devise a certification procedure to assure that | 26 | | businesses taking
advantage of this Act are legitimately |
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| 1 | | classified as businesses owned by minorities, women, or | 2 | | persons with
disabilities.
| 3 | | (b) Maintain a list of all
businesses legitimately | 4 | | classified as businesses owned by minorities, women, or | 5 | | persons with disabilities to provide to State agencies and | 6 | | public institutions of higher education.
| 7 | | (c) Review rules and regulations for the | 8 | | implementation of the program for businesses owned by | 9 | | minorities, women,
and persons with disabilities.
| 10 | | (d) Review compliance plans submitted by each State | 11 | | agency and public institutions of higher education
| 12 | | pursuant to this Act.
| 13 | | (e) Make annual reports as provided in Section 8f to | 14 | | the Governor and
the General Assembly on the
status of the | 15 | | program.
| 16 | | (f) Serve as a central clearinghouse for information on | 17 | | State
contracts, including the maintenance of a list of all | 18 | | pending State
contracts upon which businesses owned by | 19 | | minorities, women, and persons with disabilities may bid.
| 20 | | At the Council's discretion, maintenance of the list may | 21 | | include 24-hour
electronic access to the list along with | 22 | | the bid and application information.
| 23 | | (g) Establish a toll free telephone number to | 24 | | facilitate information
requests concerning the | 25 | | certification process and pending contracts.
| 26 | | (3) No premium bond rate of a surety company for a bond |
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| 1 | | required of a business owned by a minority, woman, or person
| 2 | | with a disability bidding for a State contract shall be
higher | 3 | | than the lowest rate charged by that surety company for a | 4 | | similar
bond in the same classification of work that would be | 5 | | written for a business not owned by a minority, woman, or | 6 | | person with a disability.
| 7 | | (4) Any Council member who has direct financial or personal | 8 | | interest in
any measure pending before the Council shall | 9 | | disclose this fact to the
Council and refrain from | 10 | | participating in the determination upon such measure.
| 11 | | (5) The Secretary shall have the following duties and | 12 | | responsibilities:
| 13 | | (a) To be responsible for the day-to-day operation of | 14 | | the Council.
| 15 | | (b) To serve as a coordinator for all of the State's | 16 | | programs for businesses owned by minorities, women,
and | 17 | | persons with disabilities and as the information and | 18 | | referral center
for all State initiatives for businesses
| 19 | | owned by minorities, women, and persons with disabilities.
| 20 | | (c) To establish an enforcement procedure whereby the | 21 | | Council may
recommend to the appropriate State legal | 22 | | officer that the State exercise
its legal remedies which | 23 | | shall include (1) termination of the contract
involved, (2) | 24 | | prohibition of participation by the respondent in public
| 25 | | contracts for a period not to exceed 3 years, (3) | 26 | | imposition of a penalty
not to exceed any profit acquired |
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| 1 | | as a result of violation, or (4) any
combination thereof. | 2 | | Such procedures shall require prior approval by Council.
| 3 | | (d) To devise appropriate policies, regulations and | 4 | | procedures for
including participation by businesses owned
| 5 | | by minorities, women, and persons with disabilities as | 6 | | prime contractors
including, but not limited to, (i) | 7 | | encouraging the inclusions of qualified businesses owned | 8 | | by minorities, women, and
persons with disabilities on | 9 | | solicitation lists, (ii)
investigating the potential of | 10 | | blanket bonding programs for small
construction jobs, | 11 | | (iii) investigating and making recommendations
concerning | 12 | | the use of the sheltered market process.
| 13 | | (e) To devise procedures for the waiver of the | 14 | | participation goals in
appropriate circumstances.
| 15 | | (f) To accept donations and, with the approval of the | 16 | | Council or the
Director of Central Management Services, | 17 | | grants related to the purposes of
this Act; to conduct | 18 | | seminars related to the purpose of this Act and to
charge | 19 | | reasonable registration fees; and to sell directories, | 20 | | vendor lists
and other such information to interested | 21 | | parties, except that forms
necessary to become eligible for | 22 | | the program shall be provided free of
charge to a business | 23 | | or individual applying for the program.
| 24 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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