Full Text of SB2035 101st General Assembly
SB2035sam001 101ST GENERAL ASSEMBLY | Sen. Napoleon Harris, III Filed: 3/13/2019
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| 1 | | AMENDMENT TO SENATE BILL 2035
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2035 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Business Enterprise for Minorities, Women, | 5 | | and Persons with
Disabilities Act is amended by changing | 6 | | Section 4 as follows:
| 7 | | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
| 8 | | (Section scheduled to be repealed on June 30, 2020)
| 9 | | Sec. 4. Award of State contracts.
| 10 | | (a) Except as provided in subsections (b) and (c), not less | 11 | | than 30% 20% of
the total dollar amount of State contracts, as | 12 | | defined by the Secretary of
the Council and approved by the | 13 | | Council, shall be established as an aspirational goal to
be | 14 | | awarded to businesses owned by minorities,
women, and persons | 15 | | with disabilities; provided, however, that
of the total amount | 16 | | of all
State contracts awarded to businesses owned by
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| 1 | | minorities, women, and persons with disabilities pursuant to
| 2 | | this Section, contracts representing at least 16% 11% shall be | 3 | | awarded to businesses owned by minorities, contracts | 4 | | representing at least 10% 7% shall be awarded to women-owned | 5 | | businesses, and contracts representing at least 4% 2% shall be | 6 | | awarded to businesses owned by persons with disabilities.
| 7 | | The above percentage relates to the total dollar amount of | 8 | | State
contracts during each State fiscal year, calculated by | 9 | | examining
independently each type of contract for each agency | 10 | | or public institutions of higher education which
lets such | 11 | | contracts. Only that percentage of arrangements which | 12 | | represents the participation of businesses owned by
| 13 | | minorities, women, and persons with disabilities on such | 14 | | contracts shall
be included.
| 15 | | (a-5) In addition to the aspirational goals in awarding | 16 | | State contracts set under subsection (a), the Department of | 17 | | Central Management Services shall by rule further establish | 18 | | committed diversity aspirational goals for State contracts | 19 | | awarded to businesses owned by minorities, women, and persons | 20 | | with disabilities. Such efforts shall include, but not be | 21 | | limited to, further concerted outreach efforts to businesses | 22 | | owned by minorities, women, and persons with disabilities. | 23 | | (b) In the case of State construction contracts, the | 24 | | provisions of
subsection (a) requiring a portion of State | 25 | | contracts to be awarded to
businesses owned and controlled by | 26 | | persons with
disabilities do not apply. The following |
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| 1 | | aspirational goals are established for State construction | 2 | | contracts: not less
than 20% of the total dollar amount of | 3 | | State construction contracts is
established as a goal to be | 4 | | awarded to minority-owned and women-owned
businesses.
| 5 | | (c) In the case of all work undertaken by the University of | 6 | | Illinois related to the planning, organization, and staging of | 7 | | the games, the University of Illinois shall establish a goal of | 8 | | awarding not less than 25% of the annual dollar value of all | 9 | | contracts, purchase orders, and other agreements (collectively | 10 | | referred to as "the contracts") to minority-owned businesses or | 11 | | businesses owned by a person with a disability and 5% of the | 12 | | annual dollar value the contracts to women-owned businesses. | 13 | | For purposes of this subsection, the term "games" has the | 14 | | meaning set forth in the Olympic Games and Paralympic Games | 15 | | (2016) Law. | 16 | | (d) Within one year after April 28, 2009 (the effective | 17 | | date of Public Act 96-8), the Department of Central Management | 18 | | Services shall conduct a social scientific study that measures | 19 | | the impact of discrimination on minority and women business | 20 | | development in Illinois. Within 18 months after April 28, 2009 | 21 | | (the effective date of Public Act 96-8), the Department shall | 22 | | issue a report of its findings and any recommendations on | 23 | | whether to adjust the goals for minority and women | 24 | | participation established in this Act. Copies of this report | 25 | | and the social scientific study shall be filed with the | 26 | | Governor and the General Assembly. |
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| 1 | | (e) Except as permitted under this Act or as otherwise | 2 | | mandated by federal law or regulation, those who submit bids or | 3 | | proposals for State contracts subject to the provisions of this | 4 | | Act, whose bids or proposals are successful and include a | 5 | | utilization plan but that fail to meet the goals set forth in | 6 | | subsection (b) of this Section, shall be notified of that | 7 | | deficiency and shall be afforded a period not to exceed 10 | 8 | | calendar days from the date of notification to cure that | 9 | | deficiency in the bid or proposal. The deficiency in the bid or | 10 | | proposal may only be cured by contracting with additional | 11 | | subcontractors who are owned by minorities or women, but in no | 12 | | case shall an identified subcontractor with a certification | 13 | | made pursuant to this Act be terminated from the contract | 14 | | without the written consent of the State agency or public | 15 | | institution of higher education entering into the contract. | 16 | | (f) Non-construction solicitations that include Business | 17 | | Enterprise Program participation goals shall require bidders | 18 | | and offerors to include utilization plans. Utilization plans | 19 | | are due at the time of bid or offer submission. Failure to | 20 | | complete and include a utilization plan, including | 21 | | documentation demonstrating good faith effort when requesting | 22 | | a waiver, shall render the bid or offer non-responsive. | 23 | | (Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16; | 24 | | 100-391, eff. 8-25-17.)".
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