Sen. James F. Clayborne, Jr.

Filed: 2/18/2016





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2    AMENDMENT NO. ______. Amend House Bill 3748 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Business Enterprise for Minorities,
5Females, and Persons with Disabilities Act is amended by
6changing Sections 4 and 9 as follows:
7    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
8    (Section scheduled to be repealed on June 30, 2016)
9    Sec. 4. Award of State contracts.
10    (a) Except as provided in subsections (b) and (c), not less
11than 20% of the total dollar amount of State contracts, as
12defined by the Secretary of the Council and approved by the
13Council, shall be established as an aspirational goal to be
14awarded to businesses owned by minorities, females, and persons
15with disabilities; provided, however, that of the total amount
16of all State contracts awarded to businesses owned by



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1minorities, females, and persons with disabilities pursuant to
2this Section, contracts representing at least 11% shall be
3awarded to businesses owned by minorities, contracts
4representing at least 7% shall be awarded to female-owned
5businesses, and contracts representing at least 2% shall be
6awarded to businesses owned by persons with disabilities.
7    The above percentage relates to the total dollar amount of
8State contracts during each State fiscal year, calculated by
9examining independently each type of contract for each agency
10or public institutions of higher education which lets such
11contracts. Only that percentage of arrangements which
12represents the participation of businesses owned by
13minorities, females, and persons with disabilities on such
14contracts shall be included.
15    (b) In the case of State construction contracts, the
16provisions of subsection (a) requiring a portion of State
17contracts to be awarded to businesses owned and controlled by
18persons with disabilities do not apply. The following
19aspirational goals are established for State construction
20contracts: not less than 20% of the total dollar amount of
21State construction contracts is established as a goal to be
22awarded to minority and female owned businesses, and contracts
23representing 50% of the amount of all State construction
24contracts awarded to minority and female owned businesses shall
25be awarded to female owned businesses.
26    (c) In the case of all work undertaken by the University of



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1Illinois related to the planning, organization, and staging of
2the games, the University of Illinois shall establish a goal of
3awarding not less than 25% of the annual dollar value of all
4contracts, purchase orders, and other agreements (collectively
5referred to as "the contracts") to minority-owned businesses or
6businesses owned by a person with a disability and 5% of the
7annual dollar value the contracts to female-owned businesses.
8For purposes of this subsection, the term "games" has the
9meaning set forth in the Olympic Games and Paralympic Games
10(2016) Law.
11    (d) Within one year after April 28, 2009 (the effective
12date of Public Act 96-8), the Department of Central Management
13Services shall conduct a social scientific study that measures
14the impact of discrimination on minority and female business
15development in Illinois. Within 18 months after April 28, 2009
16(the effective date of Public Act 96-8), the Department shall
17issue a report of its findings and any recommendations on
18whether to adjust the goals for minority and female
19participation established in this Act. Copies of this report
20and the social scientific study shall be filed with the
21Governor and the General Assembly.
22    (e) Except as permitted under this Act or Notwithstanding
23any provision of law to the contrary and except as otherwise
24mandated by federal law or regulation, those who submit bids or
25proposals for State construction contracts subject to the
26provisions of this Act, whose bids or proposals are successful



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1but that fail to meet the goals set forth in subsection (b) of
2this Section, shall be notified of that deficiency and shall be
3afforded a period not to exceed 10 days to cure that deficiency
4in the bid or proposal. The deficiency in the bid or proposal
5may only be cured by contracting with additional subcontractors
6who are owned by minorities or females, but in no case shall an
7identified subcontractor with a certification made pursuant to
8this Act be terminated from the contract without the written
9consent of the State agency or public institution of higher
10education entering into the contract.
11(Source: P.A. 99-462, eff. 8-25-15.)
12    (30 ILCS 575/9)  (from Ch. 127, par. 132.609)
13    (Section scheduled to be repealed on June 30, 2016)
14    Sec. 9. This Act is repealed June 30, 2020 2016.
15(Source: P.A. 96-949, eff. 6-25-10; 96-1444, eff. 8-20-10;
1697-712, eff. 6-27-12.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".