SB2365sam003 100TH GENERAL ASSEMBLY

Sen. James F. Clayborne, Jr.

Filed: 5/24/2018

10000SB2365sam003 LRB100 17933 RJF 40763 a

AMENDMENT TO SENATE BILL 2365

AMENDMENT NO. ______. Amend Senate Bill 2365, AS AMENDED, in Section 5, Sec. 20-60, after the last sentence of subsection (d), by inserting "This subsection (d) does not apply to the renewal of contracts for construction or construction-related services."; and

in Section 5, Sec. 50-80, subsection (a), by replacing "Executive Ethics Commission" with "Business Enterprise Council"; and

in Section 5, Sec. 50-80, in the first sentence of subsection (b), by replacing "Executive Ethics Commission" with "Business Enterprise Council"; and

in Section 5, Sec. 50-80, subsection (b), by deleting ", as well as a plan to increase the diversity of their vendors engaged in contracts, with a particular focus on those most underrepresented in contract awards"; and

in the introductory clause of Section 10 by replacing "Section 4f" with "Sections 4f and 6"; and

in Section 10, Sec. 4f, after the last sentence of paragraph (c) of subsection (1), by inserting "In the case of State contracts for architectural and engineering services, the provisions of this subsection (c) requiring a portion of State contracts to be awarded to businesses owned and controlled by persons with disabilities do not apply."; and

in Section 10, after Sec. 4f, by inserting the following:

"(30 ILCS 575/6) (from Ch. 127, par. 132.606)

(Section scheduled to be repealed on June 30, 2020)

Sec. 6. Agency compliance plans. Each State agency and public institutions of higher education under the jurisdiction of this Act shall file with the Council an annual compliance plan which shall outline the goals of the State agency or public institutions of higher education for contracting with businesses owned by minorities, women, and persons with disabilities for the then current fiscal year, the manner in which the agency intends to reach these goals and a timetable for reaching these goals. The Council shall review and approve the plan of each State agency and public institutions of higher education and may reject any plan that does not comply with this Act or any rules or regulations promulgated pursuant to this Act.

(a) The compliance plan shall also include, but not be limited to, (1) a policy statement, signed by the State agency or public institution of higher education head, expressing a commitment to encourage the use of businesses owned by minorities, women, and persons with disabilities, (2) the designation of the liaison officer provided for in Section 5 of this Act, (3) procedures to distribute to potential contractors and vendors the list of all businesses legitimately classified as businesses owned by minorities, women, and persons with disabilities and so certified under this Act, (4) procedures to set separate contract goals on specific prime contracts and purchase orders with subcontracting possibilities based upon the type of work or services and subcontractor availability, (5) procedures to assure that contractors and vendors make good faith efforts to meet contract goals, (6) procedures for contract goal exemption, modification and waiver, and (7) the delineation of separate contract goals for businesses owned by minorities, women, and persons with disabilities.

(b) Approval of the compliance plans shall include such delegation of responsibilities to the requesting State agency or public institution of higher education as the Council deems necessary and appropriate to fulfill the purpose of this Act. Such responsibilities may include, but need not be limited to those outlined in subsections (1), (2) and (3) of Section 7, paragraph (a) of Section 8, and Section 8a of this Act.

(c) Each State agency and public institution of higher education under the jurisdiction of this Act shall file with the Council an annual report of its utilization of businesses owned by minorities, women, and persons with disabilities during the preceding fiscal year including lapse period spending and a mid-fiscal year report of its utilization to date for the then current fiscal year. The reports shall include a self-evaluation of the efforts of the State agency or public institution of higher education to meet its goals under the Act, as well as a plan to increase the diversity of their vendors engaged in contracts, with a particular focus on those most underrepresented in contract awards.

(d) Notwithstanding any provisions to the contrary in this Act, any State agency or public institution of higher education which administers a construction program, for which federal law or regulations establish standards and procedures for the utilization of minority-owned and women-owned businesses and disadvantaged businesses, shall implement a disadvantaged business enterprise program to include minority-owned and women-owned businesses and disadvantaged businesses, using the federal standards and procedures for the establishment of goals and utilization procedures for the State-funded, as well as the federally assisted, portions of the program. In such cases, these goals shall not exceed those established pursuant to the relevant federal statutes or regulations. Notwithstanding the provisions of Section 8b, the Illinois Department of Transportation is authorized to establish sheltered markets for the State-funded portions of the program consistent with federal law and regulations. Additionally, a compliance plan which is filed by such State agency or public institution of higher education pursuant to this Act, which incorporates equivalent terms and conditions of its federally-approved compliance plan, shall be deemed approved under this Act.

(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)".