Full Text of SB3249 96th General Assembly
SB3249sam004 96TH GENERAL ASSEMBLY
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Sen. Martin A. Sandoval
Filed: 3/9/2010
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| AMENDMENT TO SENATE BILL 3249
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| AMENDMENT NO. ______. Amend Senate Bill 3249, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The State Finance Act is amended by adding | 6 |
| Section 45 as follows: | 7 |
| (30 ILCS 105/45 new) | 8 |
| Sec. 45. Grants of capital funds. The granting of State | 9 |
| funds for capital purposes is conditioned upon the grantee's | 10 |
| written certification that the grantee shall comply with the | 11 |
| business enterprise program practices for minority-owned | 12 |
| businesses, female-owned businesses, and businesses owned by | 13 |
| persons with disabilities of the Business Enterprise for | 14 |
| Minorities, Females, and Persons with Disabilities Act and the | 15 |
| equal employment practices of Section 2-105 of the Illinois | 16 |
| Human Rights Act. All State grantees shall submit business |
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| enterprise program plans for minority-owned businesses, | 2 |
| female-owned businesses, and businesses owned by persons with | 3 |
| disabilities with grant agreements. | 4 |
| Section 10. The Business Enterprise for Minorities, | 5 |
| Females, and Persons with
Disabilities Act is amended by | 6 |
| changing Section 7 as follows: | 7 |
| (30 ILCS 575/7) (from Ch. 127, par. 132.607) | 8 |
| (Section scheduled to be repealed on June 30, 2010) | 9 |
| Sec. 7. Exemptions and waivers ; publication of data . | 10 |
| (1) Individual contract exemptions.
The Council, on its own | 11 |
| initiative or at the request of the affected agency
or | 12 |
| university, may permit an individual contract or contract | 13 |
| package,
(related contracts being bid or awarded | 14 |
| simultaneously for the same project
or improvements) be made | 15 |
| wholly or partially exempt from State contracting
goals for | 16 |
| businesses owned by
minorities, females, and persons with | 17 |
| disabilities prior to the advertisement
for bids or | 18 |
| solicitation of proposals whenever there has been a
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| determination, reduced to writing and based on the best | 20 |
| information
available at the time of the determination, that | 21 |
| there is an insufficient
number of businesses owned by | 22 |
| minorities,
females, and persons with disabilities to ensure | 23 |
| adequate
competition and an expectation of reasonable prices on | 24 |
| bids or proposals
solicited for the individual contract or |
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| contract package in question. | 2 |
| (2) Class exemptions. (a) Creation. The Council, on its own | 3 |
| initiative
or at the request of the affected agency or | 4 |
| university, may permit an entire
class of
contracts be made | 5 |
| exempt from State
contracting goals for businesses owned by | 6 |
| minorities, females, and persons
with disabilities whenever | 7 |
| there has been a determination, reduced to
writing and based on | 8 |
| the best information available at the time of the
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| determination, that there is an insufficient number of | 10 |
| qualified businesses owned by minorities, females, and persons | 11 |
| with
disabilities to ensure adequate competition and an
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| expectation of reasonable prices on bids or proposals within | 13 |
| that class. | 14 |
| (b) Limitation. Any such class exemption shall not be | 15 |
| permitted for a
period of more than one year at a time. | 16 |
| (3) Waivers. Where a particular contract requires a | 17 |
| contractor to meet
a goal established pursuant to this Act, the | 18 |
| contractor shall have the right
to request a waiver from such | 19 |
| requirements. The Council shall grant the
waiver where the | 20 |
| contractor demonstrates that there has been made a good
faith | 21 |
| effort to comply with the goals for
participation by businesses | 22 |
| owned by minorities, females, and persons with
disabilities. | 23 |
| (4) Conflict with other laws. In the event that any State | 24 |
| contract, which
otherwise would be subject to the provisions of | 25 |
| this Act, is or becomes
subject to federal laws or regulations | 26 |
| 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 | 2 |
| laws or regulations shall apply and the contract shall be
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| interpreted and enforced accordingly. | 4 |
| (5) Each chief procurement officer, as defined in the | 5 |
| Illinois Procurement Code, shall maintain on his or her | 6 |
| official Internet website a database of waivers granted under | 7 |
| this Section with respect to contracts under his or her | 8 |
| jurisdiction. The database, which shall be updated | 9 |
| periodically as necessary, shall be searchable by contractor | 10 |
| name and by contracting State agency. | 11 |
| Each public notice required by law of the award of a State | 12 |
| contract shall include for each bid submitted for that contract | 13 |
| the following: (i) the bidder's name, (ii) the bid amount, | 14 |
| (iii) the bid's percentage of disadvantaged business | 15 |
| utilization plan, and (iv) the bid's percentage of business | 16 |
| enterprise program utilization plan. | 17 |
| (Source: P.A. 88-597, eff. 8-28-94 .)".
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