Sen. Martin A. Sandoval
Filed: 2/23/2010
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 3228




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    AMENDMENT NO. ______. Amend Senate Bill 3228 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The State Finance Act is amended  by adding 
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Section 45 as follows:
 
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    (30 ILCS 105/45 new)
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    Sec. 45. Grants of capital funds.  The granting of State 
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funds for capital purposes is conditioned upon the grantee's 
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written certification that the grantee shall comply with the 
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disadvantaged business practices of the Business Enterprise 
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for Minorities, Females, and Persons with Disabilities Act and 
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the equal employment practices of Section 2-105 of the Illinois 
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Human Rights Act.
 
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    Section 10. The Business Enterprise for Minorities, 
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Females, and Persons with
Disabilities Act is amended  by 
 


 






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changing Section 7 and by adding Section 6.5 as follows:
 
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    (30 ILCS 575/6.5 new)
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    Sec. 6.5. Certification required.  A State agency may not 
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include a business in the State agency's proposed or reported 
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achievement of its goals under this Act unless certification, 
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as defined in Section 2, of the business is complete.
 
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    (30 ILCS 575/7)  (from Ch. 127, par. 132.607)
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    (Section scheduled to be repealed on June 30, 2010)
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    Sec. 7. Exemptions and waivers; publication of data. 
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    (1) Individual contract exemptions.
The Council, on its own 
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initiative or at the request of the affected agency
or 
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university, may permit an individual contract or contract 
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package,
(related contracts being bid or awarded 
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simultaneously for the same project
or improvements) be made 
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wholly or partially exempt from State contracting
goals for 
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businesses owned by
minorities, females, and persons with 
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disabilities prior to the advertisement
for bids or 
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solicitation of proposals whenever there has been a

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determination, reduced to writing and based on the best 
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information
available at the time of the determination, that 
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there is an insufficient
number of businesses owned by 
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minorities,
females, and persons with disabilities to ensure 
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adequate
competition and an expectation of reasonable prices on 
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bids or proposals
solicited for the individual contract or 
 


 






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contract package in question.
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    (2) Class exemptions.  (a) Creation.  The Council, on its own 
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initiative
or at the request of the affected agency or 
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university, may permit an entire
class of
contracts be made 
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exempt from State
contracting goals for businesses owned by 
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minorities, females, and persons
with disabilities whenever 
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there has been a determination, reduced to
writing and based on 
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the best information available at the time of the

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determination, that there is an insufficient number of 
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qualified businesses owned by minorities, females, and persons 
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with
disabilities to ensure adequate competition and an

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expectation of reasonable prices on bids or proposals within 
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that class.
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    (b) Limitation.  Any such class exemption shall not be 
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permitted for a
period of more than one year at a time.
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    (3) Waivers.  Where a particular contract requires a 
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contractor to meet
a goal established pursuant to this Act, the 
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contractor shall have the right
to request a waiver from such 
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requirements.  The Council shall grant the
waiver where the 
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contractor demonstrates that there has been made a good
faith 
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effort to comply with the goals for
participation by businesses 
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owned by minorities, females, and persons with
disabilities.
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    (4) Conflict with other laws.  In the event that any State 
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contract, which
otherwise would be subject to the provisions of 
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this Act, is or becomes
subject to federal laws or regulations 
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which conflict with the provisions
of this Act or actions of 
 


 






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the State taken pursuant hereto, the provisions
of the federal 
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laws or regulations shall apply and the contract shall be

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interpreted and enforced accordingly.
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    (5) The Council shall maintain on its official Internet 
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website a database of waivers granted under this Section.  The 
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database, which shall be updated periodically as necessary, 
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shall be searchable by contractor name and by contracting State 
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agency.  Each State agency subject to this Act shall include in 
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on its official website a link to the Council's official 
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website.  Any unit of local government that grants waivers under 
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a disadvantaged business program similar to the provisions of 
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this Act shall similarly maintain an Internet database of those 
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waivers.
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    Each public notice required by law of the award of a State 
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contract shall include for each bid submitted for that contract 
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the following: (i) the bidder's name, (ii) the bid amount, and 
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(iii) the bid's percentage of disadvantaged business 
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utilization plan.  Any unit of local government subject to a 
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disadvantaged business program similar to the provisions of 
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this Act shall include in its public notice of a contract award 
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the same bid information of which a State agency is required to 
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give notice under this subsection. 
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(Source: P.A. 88-597, eff. 8-28-94.)".