Sen. James F. Clayborne, Jr.

Filed: 5/24/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2365, AS AMENDED,
3in Section 5, Sec. 20-60, after the last sentence of subsection
4(d), by inserting "This subsection (d) does not apply to the
5renewal of contracts for construction or construction-related
6services."; and
7in Section 5, Sec. 50-80, subsection (a), by replacing
8"Executive Ethics Commission" with "Business Enterprise
9Council"; and
10in Section 5, Sec. 50-80, in the first sentence of subsection
11(b), by replacing "Executive Ethics Commission" with "Business
12Enterprise Council"; and
13in Section 5, Sec. 50-80, subsection (b), by deleting ", as
14well as a plan to increase the diversity of their vendors
15engaged in contracts, with a particular focus on those most



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1underrepresented in contract awards"; and
2in the introductory clause of Section 10 by replacing "Section
34f" with "Sections 4f and 6"; and
4in Section 10, Sec. 4f, after the last sentence of paragraph
5(c) of subsection (1), by inserting "In the case of State
6contracts for architectural and engineering services, the
7provisions of this subsection (c) requiring a portion of State
8contracts to be awarded to businesses owned and controlled by
9persons with disabilities do not apply."; and
10in Section 10, after Sec. 4f, by inserting the following:
11    "(30 ILCS 575/6)  (from Ch. 127, par. 132.606)
12    (Section scheduled to be repealed on June 30, 2020)
13    Sec. 6. Agency compliance plans. Each State agency and
14public institutions of higher education under the jurisdiction
15of this Act shall file with the Council an annual compliance
16plan which shall outline the goals of the State agency or
17public institutions of higher education for contracting with
18businesses owned by minorities, women, and persons with
19disabilities for the then current fiscal year, the manner in
20which the agency intends to reach these goals and a timetable
21for reaching these goals. The Council shall review and approve
22the plan of each State agency and public institutions of higher



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1education and may reject any plan that does not comply with
2this Act or any rules or regulations promulgated pursuant to
3this Act.
4    (a) The compliance plan shall also include, but not be
5limited to, (1) a policy statement, signed by the State agency
6or public institution of higher education head, expressing a
7commitment to encourage the use of businesses owned by
8minorities, women, and persons with disabilities, (2) the
9designation of the liaison officer provided for in Section 5 of
10this Act, (3) procedures to distribute to potential contractors
11and vendors the list of all businesses legitimately classified
12as businesses owned by minorities, women, and persons with
13disabilities and so certified under this Act, (4) procedures to
14set separate contract goals on specific prime contracts and
15purchase orders with subcontracting possibilities based upon
16the type of work or services and subcontractor availability,
17(5) procedures to assure that contractors and vendors make good
18faith efforts to meet contract goals, (6) procedures for
19contract goal exemption, modification and waiver, and (7) the
20delineation of separate contract goals for businesses owned by
21minorities, women, and persons with disabilities.
22    (b) Approval of the compliance plans shall include such
23delegation of responsibilities to the requesting State agency
24or public institution of higher education as the Council deems
25necessary and appropriate to fulfill the purpose of this Act.
26Such responsibilities may include, but need not be limited to



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1those outlined in subsections (1), (2) and (3) of Section 7,
2paragraph (a) of Section 8, and Section 8a of this Act.
3    (c) Each State agency and public institution of higher
4education under the jurisdiction of this Act shall file with
5the Council an annual report of its utilization of businesses
6owned by minorities, women, and persons with disabilities
7during the preceding fiscal year including lapse period
8spending and a mid-fiscal year report of its utilization to
9date for the then current fiscal year. The reports shall
10include a self-evaluation of the efforts of the State agency or
11public institution of higher education to meet its goals under
12the Act, as well as a plan to increase the diversity of their
13vendors engaged in contracts, with a particular focus on those
14most underrepresented in contract awards.
15    (d) Notwithstanding any provisions to the contrary in this
16Act, any State agency or public institution of higher education
17which administers a construction program, for which federal law
18or regulations establish standards and procedures for the
19utilization of minority-owned and women-owned businesses and
20disadvantaged businesses, shall implement a disadvantaged
21business enterprise program to include minority-owned and
22women-owned businesses and disadvantaged businesses, using the
23federal standards and procedures for the establishment of goals
24and utilization procedures for the State-funded, as well as the
25federally assisted, portions of the program. In such cases,
26these goals shall not exceed those established pursuant to the



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1relevant federal statutes or regulations. Notwithstanding the
2provisions of Section 8b, the Illinois Department of
3Transportation is authorized to establish sheltered markets
4for the State-funded portions of the program consistent with
5federal law and regulations. Additionally, a compliance plan
6which is filed by such State agency or public institution of
7higher education pursuant to this Act, which incorporates
8equivalent terms and conditions of its federally-approved
9compliance plan, shall be deemed approved under this Act.
10(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)".