Full Text of SR0102 94th General Assembly
SR0102 94TH GENERAL ASSEMBLY
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| SENATE RESOLUTION
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| WHEREAS, It is the public policy of the State to promote | 3 |
| and encourage the continuing economic development of minority | 4 |
| and female owned and operated businesses and that minority and | 5 |
| female owned and operated businesses participate in the State's | 6 |
| procurement process as both prime contractors and | 7 |
| subcontractors; and
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| WHEREAS, It is mandated by the U.S. Department of | 9 |
| Transportation, 49CFR Pt. 26, to ensure non discrimination in | 10 |
| the award and administration of Illinois Department of | 11 |
| Transportation (IDOT)-assisted contracts in IDOT's highway, | 12 |
| transit, and airport financial assistance programs by ensuring | 13 |
| that only firms owned and controlled by socially and | 14 |
| economically disadvantaged individuals are permitted to | 15 |
| participate as DBEs; and | 16 |
| WHEREAS, It is the public policy of this State to promote | 17 |
| and encourage the continuous economic development of | 18 |
| businesses owned by persons with disabilities; and | 19 |
| WHEREAS, It is mandated by the U.S. Department of | 20 |
| Transportation to help create a level playing field for firms | 21 |
| owned and controlled by socially and economically | 22 |
| disadvantaged individuals in IDOT-assisted contracts; and | 23 |
| WHEREAS, The enactment of the Business Enterprise for | 24 |
| Minorities, Females, and Persons with Disabilities Act (the | 25 |
| Act) serves the State's continuing interest in promoting open | 26 |
| access in the awarding of State contracts to disadvantaged | 27 |
| small business enterprises victimized by discriminatory | 28 |
| practices; and | 29 |
| WHEREAS, It is mandated by the U.S. Department of | 30 |
| Transportation to help remove barriers to firms owned and |
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| controlled by socially and economically disadvantaged | 2 |
| individuals in IDOT-assisted contracts; and | 3 |
| WHEREAS, The Act establishes goals for awarding State | 4 |
| contracts to businesses owned and controlled by minorities, | 5 |
| females, and persons with disabilities; and | 6 |
| WHEREAS, It is mandated by the U.S. Department of | 7 |
| Transportation that recipients must set an overall goal for DBE | 8 |
| participation in IDOT-assisted contracts; and | 9 |
| WHEREAS, The State of Illinois has observed that the goals | 10 |
| established in the Act have served to increase the | 11 |
| participation of minority and female businesses in contracts | 12 |
| awarded by the State; and | 13 |
| WHEREAS, It is mandated by the U.S. Department of | 14 |
| Transportation that the overall goal must be based on | 15 |
| demonstrable evidence of the availability of ready, willing, | 16 |
| and able DBEs; and | 17 |
| WHEREAS, The Act creates the Business Enterprise Council | 18 |
| (the Council) to help implement, monitor, and enforce the Act's | 19 |
| goals through the State's Business Enterprise Program; and | 20 |
| WHEREAS, It is mandated by the U.S. Department of | 21 |
| Transportation that IDOT must have a DBE Liaison Officer who | 22 |
| shall be responsible for implementing all aspects of the DBE | 23 |
| program; and | 24 |
| WHEREAS, The Business Enterprise Council is charged by | 25 |
| statute with devising a certification procedure to assure that | 26 |
| businesses taking advantage of the Act are legitimately | 27 |
| classified as businesses owned and controlled by minorities, | 28 |
| females, or persons with disabilities; and |
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| WHEREAS, The U.S. Department of Transportation requires a | 2 |
| certification procedure to ensure that only firms meeting the | 3 |
| minimum eligibility requirements are eligible to be certified | 4 |
| as DBEs; and | 5 |
| WHEREAS, The Business Enterprise Council is assisted in | 6 |
| administering the Business Enterprise Program by a Secretary | 7 |
| and the Department of Central Management Services; and | 8 |
| WHEREAS, IDOT implements the requirements of the Federal | 9 |
| DBE program through the Illinois Unified Certification Program | 10 |
| (ILUCP); and | 11 |
| WHEREAS, Recent media attention has identified businesses | 12 |
| circumventing similar programs in Illinois municipalities by | 13 |
| using straw men or women (known as front corporations and pass | 14 |
| throughs) for the purpose of receiving contracts reserved for | 15 |
| businesses certified as minority, female, or disabled owned and | 16 |
| controlled; therefore, be it
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| RESOLVED, BY THE SENATE OF THE NINETY-FOURTH GENERAL | 18 |
| ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditor General | 19 |
| shall conduct a management audit of the State's Business | 20 |
| Enterprise Program and the Illinois Department of | 21 |
| Transportation's certification of businesses as DBEs through | 22 |
| the ILUCP; and be it further
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| RESOLVED, That the audit include, but not be limited to, | 24 |
| the following determinations: | 25 |
| (1) Whether certification and recertification procedures | 26 |
| are adequate to assure that businesses participating in the | 27 |
| Business Enterprise Program and businesses certified by IDOT in | 28 |
| the ILUCP are legitimately classified as businesses owned and | 29 |
| controlled by minorities, females, or persons with | 30 |
| disabilities; | 31 |
| (2) Whether the established procedures and processes that |
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| govern certification of businesses owned and controlled by | 2 |
| minorities, females, or persons with disabilities are being | 3 |
| followed; | 4 |
| (3) Whether staff responsible for certification of these | 5 |
| businesses have received adequate training; | 6 |
| (4) What steps are followed to verify information provided | 7 |
| by businesses participating in the Business Enterprise Program | 8 |
| and businesses certified by IDOT in the ILUCP, such as review | 9 |
| of pertinent documentation, interviews, and on-site visits; | 10 |
| (5) Whether the certifications are periodically reviewed | 11 |
| to ensure that businesses in the programs continue to be | 12 |
| qualified for participation; and | 13 |
| (6) Whether procedures for enforcing compliance with the | 14 |
| Act and federal regulations, including contract termination | 15 |
| and contractor suspension, are adequate and uniformly | 16 |
| enforced; and be it further
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| RESOLVED, That the Business Enterprise Council, the | 18 |
| Department of Central Management Services, the Illinois | 19 |
| Department of Transportation, businesses participating in the | 20 |
| State's Business Enterprise Program and IDOT's ILUCP, and any | 21 |
| other entity that may have relevant information pertaining to | 22 |
| this audit cooperate fully and promptly with the Auditor | 23 |
| General's Office in the conduct of this audit; and be it | 24 |
| further | 25 |
| RESOLVED, That the Auditor General commence this audit as | 26 |
| soon as possible and report his findings and recommendations | 27 |
| upon completion in accordance with Section 3-14 of the Illinois | 28 |
| State Auditing Act; and be it further | 29 |
| RESOLVED, That a copy of this resolution be transmitted to | 30 |
| the Auditor General.
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