Full Text of SB3249 96th General Assembly
SB3249eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by adding | 5 |
| Section 45 as follows: | 6 |
| (30 ILCS 105/45 new) | 7 |
| Sec. 45. Award or appropriation of capital funds. Each | 8 |
| award by grant, contract, or capital agreement, and each line | 9 |
| item appropriation, of State funds of $250,000 or more for | 10 |
| capital construction, capital supplies, or capital services is | 11 |
| conditioned upon the recipient's written certification that | 12 |
| the recipient shall comply with the business enterprise program | 13 |
| practices for minority-owned businesses, female-owned | 14 |
| businesses, and businesses owned by persons with disabilities | 15 |
| of the Business Enterprise for Minorities, Females, and Persons | 16 |
| with Disabilities Act and the equal employment practices of | 17 |
| Section 2-105 of the Illinois Human Rights Act. Each recipient | 18 |
| of funds subject to this Section shall submit the business | 19 |
| enterprise program plan for minority-owned businesses, | 20 |
| female-owned businesses, and businesses owned by persons with | 21 |
| disabilities with the relevant contract or capital or grant | 22 |
| agreement or with the first voucher for the appropriated funds, | 23 |
| as the case may be. |
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| Each business enterprise program plan shall apply only to | 2 |
| the State-funded portion of the relevant capital project and | 3 |
| must be in compliance with all certification and other | 4 |
| requirements of the Business Enterprise for Minorities, | 5 |
| Females, and Persons with Disabilities Act. Final disbursement | 6 |
| of funds subject to this Section is conditioned on successful | 7 |
| compliance with the recipient's submitted business enterprise | 8 |
| program plan. | 9 |
| Section 10. The Business Enterprise for Minorities, | 10 |
| Females, and Persons with
Disabilities Act is amended by | 11 |
| changing Section 7 as follows: | 12 |
| (30 ILCS 575/7) (from Ch. 127, par. 132.607) | 13 |
| (Section scheduled to be repealed on June 30, 2010) | 14 |
| Sec. 7. Exemptions and waivers ; publication of data . | 15 |
| (1) Individual contract exemptions.
The Council, on its own | 16 |
| initiative or at the request of the affected agency
or | 17 |
| university, may permit an individual contract or contract | 18 |
| package,
(related contracts being bid or awarded | 19 |
| simultaneously for the same project
or improvements) be made | 20 |
| wholly or partially exempt from State contracting
goals for | 21 |
| businesses owned by
minorities, females, and persons with | 22 |
| disabilities prior to the advertisement
for bids or | 23 |
| solicitation of proposals whenever there has been a
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| determination, reduced to writing and based on the best |
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| information
available at the time of the determination, that | 2 |
| there is an insufficient
number of businesses owned by | 3 |
| minorities,
females, and persons with disabilities to ensure | 4 |
| adequate
competition and an expectation of reasonable prices on | 5 |
| bids or proposals
solicited for the individual contract or | 6 |
| contract package in question. | 7 |
| (2) Class exemptions. (a) Creation. The Council, on its own | 8 |
| initiative
or at the request of the affected agency or | 9 |
| university, may permit an entire
class of
contracts be made | 10 |
| exempt from State
contracting goals for businesses owned by | 11 |
| minorities, females, and persons
with disabilities whenever | 12 |
| there has been a determination, reduced to
writing and based on | 13 |
| the best information available at the time of the
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| determination, that there is an insufficient number of | 15 |
| qualified businesses owned by minorities, females, and persons | 16 |
| with
disabilities to ensure adequate competition and an
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| expectation of reasonable prices on bids or proposals within | 18 |
| that class. | 19 |
| (b) Limitation. Any such class exemption shall not be | 20 |
| permitted for a
period of more than one year at a time. | 21 |
| (3) Waivers. Where a particular contract requires a | 22 |
| contractor to meet
a goal established pursuant to this Act, the | 23 |
| contractor shall have the right
to request a waiver from such | 24 |
| requirements. The Council shall grant the
waiver where the | 25 |
| contractor demonstrates that there has been made a good
faith | 26 |
| effort to comply with the goals for
participation by businesses |
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| owned by minorities, females, and persons with
disabilities. | 2 |
| (4) Conflict with other laws. In the event that any State | 3 |
| contract, which
otherwise would be subject to the provisions of | 4 |
| this Act, is or becomes
subject to federal laws or regulations | 5 |
| which conflict with the provisions
of this Act or actions of | 6 |
| the State taken pursuant hereto, the provisions
of the federal | 7 |
| laws or regulations shall apply and the contract shall be
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| interpreted and enforced accordingly. | 9 |
| (5) Each chief procurement officer, as defined in the | 10 |
| Illinois Procurement Code, shall maintain on his or her | 11 |
| official Internet website a database of waivers granted under | 12 |
| this Section with respect to contracts under his or her | 13 |
| jurisdiction. The database, which shall be updated | 14 |
| periodically as necessary, shall be searchable by contractor | 15 |
| name and by contracting State agency. | 16 |
| Each public notice required by law of the award of a State | 17 |
| contract shall include for each bid submitted for that contract | 18 |
| the following: (i) the bidder's name, (ii) the bid amount, | 19 |
| (iii) the bid's percentage of disadvantaged business | 20 |
| utilization plan, and (iv) the bid's percentage of business | 21 |
| enterprise program utilization plan. | 22 |
| (Source: P.A. 88-597, eff. 8-28-94 .)
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| Section 99. Effective date. This Act takes effect July 1, | 24 |
| 2011. |
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