Full Text of SB2365 100th General Assembly
SB2365sam002 100TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 5/22/2018
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| 1 | | AMENDMENT TO SENATE BILL 2365
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2365 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Section 20-60 and by adding Sections 20-7 and 50-80 as | 6 | | follows: | 7 | | (30 ILCS 500/20-7 new) | 8 | | Sec. 20-7. Method of scoring. | 9 | | (a) All procurement scoring rubrics for contracts entered | 10 | | into under this Code shall account for and allocate 20% of the | 11 | | total available points towards evaluation of each respondent's | 12 | | commitment to diversity, and shall require supporting | 13 | | documentation to that purpose. | 14 | | (b) The scoring rubric requirements established under this | 15 | | Section shall include, but not be limited to, the following: | 16 | | (1) for publicly owned businesses, the number and |
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| 1 | | percentage of members of the respondent's governance board | 2 | | who are women, minorities, or persons with disabilities; | 3 | | (2) for privately owned businesses, the respondent | 4 | | shall identify whether it or its affiliates are managed by | 5 | | women, minorities, or persons with disabilities. For the | 6 | | purposes of this paragraph (2), "managed by women, | 7 | | minorities, or persons with disabilities" means being | 8 | | owned or managed by a 51% or more combination of women, | 9 | | minorities, or persons with disabilities; | 10 | | (3) the respondent shall provide the number and | 11 | | percentage of the respondent's owners and managers who are | 12 | | women, minorities, or persons with disabilities; | 13 | | (4) the number and percentage of the respondent's | 14 | | senior executive leaders, including partner, president, | 15 | | chief operating officer, managing director, or other | 16 | | senior executives, who are women, minorities, military | 17 | | veterans, or persons with disabilities; | 18 | | (5) the number and percentage of the respondent's | 19 | | staff, including both full-time and part-time employees, | 20 | | who are women, minorities, or persons with disabilities; | 21 | | and | 22 | | (6) the respondent's intended use of subcontractors | 23 | | for a project, if any, that are women, minorities, or | 24 | | persons with disabilities. | 25 | | (c) When a solicitation, including solicitations for sole | 26 | | source contracts and contracts with group purchasing |
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| 1 | | organizations, is issued by any State agency or public | 2 | | institution of higher education and falls within a service or | 3 | | product offering that has a history of disparate awards to a | 4 | | class of business owners that are identified under the Business | 5 | | Enterprise Program Act, the scoring rubric allocation | 6 | | identified under subsection (a) shall be 30% of the total | 7 | | available points towards evaluation of each respondent's | 8 | | commitment to diversity. | 9 | | (d) If any State agency contract is eligible to be paid | 10 | | for, in whole or in part, with federal-aid funds, grants, or | 11 | | loans, and the provisions of this Section would result in the | 12 | | loss of those federal-aid funds, grants, or loans, then the | 13 | | contract is exempt from the provisions of this Section in order | 14 | | to remain eligible for those federal-aid funds, grants, or | 15 | | loans. | 16 | | (30 ILCS 500/20-60) | 17 | | Sec. 20-60. Duration of contracts. | 18 | | (a) Maximum duration. A contract may be entered into for
| 19 | | any period of time deemed
to be in the best interests of the | 20 | | State but not
exceeding 10 years inclusive, beginning January | 21 | | 1, 2010, of proposed contract renewals. The length of
a lease | 22 | | for real property or capital improvements shall be in
| 23 | | accordance with the provisions of
Section 40-25. The length of | 24 | | energy conservation program contracts or energy savings | 25 | | contracts or leases shall be in accordance with the provisions |
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| 1 | | of Section 25-45. A contract for bond or mortgage insurance | 2 | | awarded by the Illinois Housing Development Authority, | 3 | | however, may be entered into for any period of time less than | 4 | | or equal to the maximum period of time that the subject bond or | 5 | | mortgage may remain outstanding.
| 6 | | (b) Subject to appropriation. All contracts made or entered
| 7 | | into shall recite that they are
subject to termination and | 8 | | cancellation in any year for which the
General Assembly fails | 9 | | to make
an appropriation to make payments under the terms of | 10 | | the contract. | 11 | | (c) The chief procurement officer shall file a proposed | 12 | | extension or renewal of a contract with the Procurement Policy | 13 | | Board prior to entering into any extension or renewal if the | 14 | | cost associated with the extension or renewal exceeds $249,999. | 15 | | The Procurement Policy Board may object to the proposed | 16 | | extension or renewal within 30 calendar days and require a | 17 | | hearing before the Board prior to entering into the extension | 18 | | or renewal. If the Procurement Policy Board does not object | 19 | | within 30 calendar days or takes affirmative action to | 20 | | recommend the extension or renewal, the chief procurement | 21 | | officer may enter into the extension or renewal of a contract. | 22 | | This subsection does not apply to any emergency procurement, | 23 | | any procurement under Article 40, or any procurement exempted | 24 | | by Section 1-10(b) of this Code. If any State agency contract | 25 | | is paid for in whole or in part with federal-aid funds, grants, | 26 | | or loans and the provisions of this subsection would result in |
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| 1 | | the loss of those federal-aid funds, grants, or loans, then the | 2 | | contract is exempt from the provisions of this subsection in | 3 | | order to remain eligible for those federal-aid funds, grants, | 4 | | or loans, and the State agency shall file notice of this | 5 | | exemption with the Procurement Policy Board prior to entering | 6 | | into the proposed extension or renewal. Nothing in this | 7 | | subsection permits a chief procurement officer to enter into an | 8 | | extension or renewal in violation of subsection (a). By August | 9 | | 1 each year, the Procurement Policy Board shall file a report | 10 | | with the General Assembly identifying for the previous fiscal | 11 | | year (i) the proposed extensions or renewals that were filed | 12 | | with the Board and whether the Board objected and (ii) the | 13 | | contracts exempt from this subsection. | 14 | | (d) No vendor shall be eligible for renewal of a contract | 15 | | when that vendor has failed to meet the Business Enterprise | 16 | | Program spending goal specified under the contract, and that | 17 | | vendor is not otherwise excused from compliance under the | 18 | | Business Enterprise Program Act. | 19 | | (Source: P.A. 100-23, eff. 7-6-17.) | 20 | | (30 ILCS 500/50-80 new) | 21 | | Sec. 50-80. Diversity training; report. | 22 | | (a) All employees under each Chief Procurement Officer, as | 23 | | defined under Section 1-15.15, shall complete annual training | 24 | | for diversity and inclusion as prescribed by the Chief | 25 | | Procurement Officer in consultation with the Executive Ethics |
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| 1 | | Commission. | 2 | | (b) Each Chief Procurement Officer shall submit to the | 3 | | Executive Ethics Commission an annual report that summarizes | 4 | | diversity training that was completed during the previous year, | 5 | | and lays out the plan for the diversity training programs in | 6 | | the coming year. Each Chief Procurement Officer shall also | 7 | | submit to the Executive Ethics Commission an annual report | 8 | | detailing the current status of its diversity efforts, and an | 9 | | action plan to increase diversity internally within their | 10 | | respective offices, as well as a plan to increase the diversity | 11 | | of their vendors engaged in contracts, with a particular focus | 12 | | on those most underrepresented in contract awards.
| 13 | | Section 10. The Business Enterprise for Minorities, Women, | 14 | | and Persons with
Disabilities Act is amended by changing | 15 | | Section 4f as follows: | 16 | | (30 ILCS 575/4f) | 17 | | (Section scheduled to be repealed on June 30, 2020) | 18 | | Sec. 4f. Award of State contracts. | 19 | | (1) It is hereby declared to be the public policy of the | 20 | | State of Illinois to promote and encourage each State agency | 21 | | and public institution of higher education to use businesses | 22 | | owned by minorities, women, and persons with disabilities in | 23 | | the area of goods and services, including, but not limited to, | 24 | | insurance services, investment management services, |
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| 1 | | information technology services, accounting services, | 2 | | architectural and engineering services, and legal services. | 3 | | Furthermore, each State agency and public institution of higher | 4 | | education shall utilize such firms to the greatest extent | 5 | | feasible within the bounds of financial and fiduciary prudence, | 6 | | and take affirmative steps to remove any barriers to the full | 7 | | participation of such firms in the procurement and contracting | 8 | | opportunities afforded. | 9 | | (a) When a State agency or public institution of higher | 10 | | education, other than a community college, awards a | 11 | | contract for insurance services, for each State agency or | 12 | | public institution of higher education, it shall be the | 13 | | aspirational goal to use insurance brokers owned by | 14 | | minorities, women, and persons with disabilities as | 15 | | defined by this Act, for not less than 20% of the total | 16 | | annual premiums or fees. | 17 | | (b) When a State agency or public institution of higher | 18 | | education, other than a community college, awards a | 19 | | contract for investment services, for each State agency or | 20 | | public institution of higher education, it shall be the | 21 | | aspirational goal to use emerging investment managers | 22 | | owned by minorities, women, and persons with disabilities | 23 | | as defined by this Act, for not less than 20% of the total | 24 | | funds under management. Furthermore, it is the | 25 | | aspirational goal that not less than 20% of the direct | 26 | | asset managers of the State funds be minorities, women, and |
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| 1 | | persons with disabilities. | 2 | | (c) When a State agency or public institution of higher | 3 | | education, other than a community college, awards | 4 | | contracts for information technology services, accounting | 5 | | services, architectural and engineering services, and | 6 | | legal services, for each State agency and public | 7 | | institution of higher education, it shall be the | 8 | | aspirational goal to use such firms owned by minorities, | 9 | | women, and persons with disabilities as defined by this Act | 10 | | and lawyers who are minorities, women, and persons with | 11 | | disabilities as defined by this Act, for not less than 20% | 12 | | of the total dollar amount of State contracts. | 13 | | (d) When a community college awards a contract for | 14 | | insurance services, investment services, information | 15 | | technology services, accounting services, architectural | 16 | | and engineering services, and legal services, it shall be | 17 | | the aspirational goal of each community college to use | 18 | | businesses owned by minorities, women, and persons with | 19 | | disabilities as defined in this Act for not less than 20% | 20 | | of the total amount spent on contracts for these services | 21 | | collectively. When a community college awards contracts | 22 | | for investment services, contracts awarded to investment | 23 | | managers who are not emerging investment managers as | 24 | | defined in this Act shall not be considered businesses | 25 | | owned by minorities, women, or persons with disabilities | 26 | | for the purposes of this Section. |
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| 1 | | (e) When a State agency or public institution of higher | 2 | | education issues requests for proposals or solicitations, | 3 | | including requests and solicitations for sole source | 4 | | contracts and contracts with group purchasing | 5 | | organizations, that fall within a service or product | 6 | | offering that has a history of disparate awards to a class | 7 | | of business owners that are underrepresented in contract | 8 | | awards, it shall be the aspirational goal to use service or | 9 | | product providers owned by minorities, women, and persons | 10 | | with disabilities as defined by this Act for not less than | 11 | | 20% of the total dollar amount of State contracts. If the | 12 | | State agency or public institution of higher education | 13 | | believes that it may be difficult to properly assess the | 14 | | minimum 20% aspirational goal, then it may appear before | 15 | | the Council to seek a modification of the goal requirement | 16 | | provided under this paragraph (e). | 17 | | If any State agency contract is eligible to be paid | 18 | | for, in whole or in part, with federal-aid funds, grants, | 19 | | or loans, and the provisions of this paragraph (e) would | 20 | | result in the loss of those federal-aid funds, grants, or | 21 | | loans, then the contract is exempt from the provisions of | 22 | | this paragraph (e) in order to remain eligible for those | 23 | | federal-aid funds, grants, or loans. | 24 | | (2) As used in this Section: | 25 | | "Accounting services" means the measurement, | 26 | | processing and communication of financial information |
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| 1 | | about economic entities including, but is not limited to, | 2 | | financial accounting, management accounting, auditing, | 3 | | cost containment and auditing services, taxation and | 4 | | accounting information systems. | 5 | | "Architectural and engineering services" means | 6 | | professional services of an architectural or engineering | 7 | | nature, or incidental services, that members of the | 8 | | architectural and engineering professions, and individuals | 9 | | in their employ, may logically or justifiably perform, | 10 | | including studies, investigations, surveying and mapping, | 11 | | tests, evaluations, consultations, comprehensive planning, | 12 | | program management, conceptual designs, plans and | 13 | | specifications, value engineering, construction phase | 14 | | services, soils engineering, drawing reviews, preparation | 15 | | of operating and maintenance manuals, and other related | 16 | | services. | 17 | | "Emerging investment manager" means an investment | 18 | | manager or claims consultant having assets under | 19 | | management below $10 billion or otherwise adjudicating | 20 | | claims. | 21 | | "Information technology services" means, but is not | 22 | | limited to, specialized technology-oriented solutions by | 23 | | combining the processes and functions of software, | 24 | | hardware, networks, telecommunications, web designers, | 25 | | cloud developing resellers, and electronics. | 26 | | "Insurance broker" means an insurance brokerage firm, |
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| 1 | | claims administrator, or both, that procures, places all | 2 | | lines of insurance, or administers claims with annual | 3 | | premiums or fees of at least $5,000,000 but not more than | 4 | | $10,000,000. | 5 | | "Legal services" means work performed by a lawyer | 6 | | including, but not limited to, contracts in anticipation of | 7 | | litigation, enforcement actions, or investigations. | 8 | | (3) Each State agency and public institution of higher | 9 | | education shall adopt policies that identify its plan and | 10 | | implementation procedures for increasing the use of service | 11 | | firms owned by minorities, women, and persons with | 12 | | disabilities. | 13 | | (4) Except as provided in subsection (5), the Council shall | 14 | | file no later than March 1 of each year an annual report to the | 15 | | Governor and the General Assembly. The report to the General | 16 | | Assembly shall be filed with the Clerk of the House of | 17 | | Representatives and the Secretary of the Senate in electronic | 18 | | form only, in the manner that the Clerk and the Secretary shall | 19 | | direct The report filed with the General Assembly shall be | 20 | | filed as required in Section 3.1 of the General Assembly | 21 | | Organization Act . This report shall: (i) identify the service | 22 | | firms used by each State agency and public institution of | 23 | | higher education, (ii) identify the actions it has undertaken | 24 | | to increase the use of service firms owned by minorities, | 25 | | women, and persons with disabilities, including encouraging | 26 | | non-minority-owned firms to use other service firms owned by |
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| 1 | | minorities, women, and persons with disabilities as | 2 | | subcontractors when the opportunities arise, (iii) state any | 3 | | recommendations made by the Council to each State agency and | 4 | | public institution of higher education to increase | 5 | | participation by the use of service firms owned by minorities, | 6 | | women, and persons with disabilities, and (iv) include the | 7 | | following: | 8 | | (A) For insurance services: the names of the insurance | 9 | | brokers or claims consultants used, the total of risk | 10 | | managed by each State agency and public institution of | 11 | | higher education by insurance brokers, the total | 12 | | commissions, fees paid, or both, the lines or insurance | 13 | | policies placed, and the amount of premiums placed; and the | 14 | | percentage of the risk managed by insurance brokers, the | 15 | | percentage of total commission, fees paid, or both, the | 16 | | lines or insurance policies placed, and the amount of | 17 | | premiums placed with each by the insurance brokers owned by | 18 | | minorities, women, and persons with disabilities by each | 19 | | State agency and public institution of higher education. | 20 | | (B) For investment management services: the names of | 21 | | the investment managers used, the total funds under | 22 | | management of investment managers; the total commissions, | 23 | | fees paid, or both; the total and percentage of funds under | 24 | | management of emerging investment managers owned by | 25 | | minorities, women, and persons with disabilities, | 26 | | including the total and percentage of total commissions, |
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| 1 | | fees paid, or both by each State agency and public | 2 | | institution of higher education. | 3 | | (C) The names of service firms, the percentage and | 4 | | total dollar amount paid for professional services by | 5 | | category by each State agency and public institution of | 6 | | higher education. | 7 | | (D) The names of service firms, the percentage and | 8 | | total dollar amount paid for services by category to firms | 9 | | owned by minorities, women, and persons with disabilities | 10 | | by each State agency and public institution of higher | 11 | | education. | 12 | | (E) The total number of contracts awarded for services | 13 | | by category and the total number of contracts awarded to | 14 | | firms owned by minorities, women, and persons with | 15 | | disabilities by each State agency and public institution of | 16 | | higher education. | 17 | | (5) For community college districts, the Business | 18 | | Enterprise Council shall only report the following information | 19 | | for each community college district: (i) the name of the | 20 | | community colleges in the district, (ii) the name and contact | 21 | | information of a person at each community college appointed to | 22 | | be the single point of contact for vendors owned by minorities, | 23 | | women, or persons with disabilities, (iii) the policy of the | 24 | | community college district concerning certified vendors, (iv) | 25 | | the certifications recognized by the community college | 26 | | district for determining whether a business is owned or |
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| 1 | | controlled by a minority, woman, or person with a disability, | 2 | | (v) outreach efforts conducted by the community college | 3 | | district to increase the use of certified vendors, (vi) the | 4 | | total expenditures by the community college district in the | 5 | | prior fiscal year in the divisions of work specified in | 6 | | paragraphs (a), (b), and (c) of subsection (1) of this Section | 7 | | and the amount paid to certified vendors in those divisions of | 8 | | work, and (vii) the total number of contracts entered into for | 9 | | the divisions of work specified in paragraphs (a), (b), and (c) | 10 | | of subsection (1) of this Section and the total number of | 11 | | contracts awarded to certified vendors providing these | 12 | | services to the community college district. The Business | 13 | | Enterprise Council shall not make any utilization reports under | 14 | | this Act for community college districts for Fiscal Year 2015 | 15 | | and Fiscal Year 2016, but shall make the report required by | 16 | | this subsection for Fiscal Year 2017 and for each fiscal year | 17 | | thereafter. The Business Enterprise Council shall report the | 18 | | information in items (i), (ii), (iii), and (iv) of this | 19 | | subsection beginning in September of 2016. The Business | 20 | | Enterprise Council may collect the data needed to make its | 21 | | report from the Illinois Community College Board. | 22 | | (6) The status of the utilization of services shall be | 23 | | discussed at each of the regularly scheduled Business | 24 | | Enterprise Council meetings. Time shall be allotted for the | 25 | | Council to receive, review, and discuss the progress of the use | 26 | | of service firms owned by minorities, women, and persons with |
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| 1 | | disabilities by each State agency and public institution of | 2 | | higher education; and any evidence regarding past or present | 3 | | racial, ethnic, or gender-based discrimination which directly | 4 | | impacts a State agency or public institution of higher | 5 | | education contracting with such firms. If after reviewing such | 6 | | evidence the Council finds that there is or has been such | 7 | | discrimination against a specific group, race or sex, the | 8 | | Council shall establish sheltered markets or adjust existing | 9 | | sheltered markets tailored to address the Council's specific | 10 | | findings for the divisions of work specified in paragraphs (a), | 11 | | (b), and (c) of subsection (1) of this Section.
| 12 | | (Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16; | 13 | | 100-391, eff. 8-25-17.)".
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