Bill Amendment: IL HB3748 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: VETS-EMPLOYER DISCRIMINATION

Status: 2016-06-30 - Public Act . . . . . . . . . 99-0514 [HB3748 Detail]

Download: Illinois-2015-HB3748-Senate_Amendment_002.html

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Sen. James F. Clayborne, Jr.

Filed: 2/18/2016

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AMENDMENT TO HOUSE BILL 3748
AMENDMENT NO. ______. Amend House Bill 3748 by replacing
everything after the enacting clause with the following:
"Section 5. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by
changing Sections 4 and 9 as follows:
(30 ILCS 575/4) (from Ch. 127, par. 132.604)
(Section scheduled to be repealed on June 30, 2016)
Sec. 4. Award of State contracts.
(a) Except as provided in subsections (b) and (c), not less
than 20% of the total dollar amount of State contracts, as
defined by the Secretary of the Council and approved by the
Council, shall be established as an aspirational goal to be
awarded to businesses owned by minorities, females, and persons
with disabilities; provided, however, that of the total amount
of all State contracts awarded to businesses owned by

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minorities, females, and persons with disabilities pursuant to
this Section, contracts representing at least 11% shall be
awarded to businesses owned by minorities, contracts
representing at least 7% shall be awarded to female-owned
businesses, and contracts representing at least 2% shall be
awarded to businesses owned by persons with disabilities.
The above percentage relates to the total dollar amount of
State contracts during each State fiscal year, calculated by
examining independently each type of contract for each agency
or public institutions of higher education which lets such
contracts. Only that percentage of arrangements which
represents the participation of businesses owned by
minorities, females, and persons with disabilities on such
contracts shall be included.
(b) In the case of State construction contracts, the
provisions of subsection (a) requiring a portion of State
contracts to be awarded to businesses owned and controlled by
persons with disabilities do not apply. The following
aspirational goals are established for State construction
contracts: not less than 20% of the total dollar amount of
State construction contracts is established as a goal to be
awarded to minority and female owned businesses, and contracts
representing 50% of the amount of all State construction
contracts awarded to minority and female owned businesses shall
be awarded to female owned businesses.
(c) In the case of all work undertaken by the University of

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Illinois related to the planning, organization, and staging of
the games, the University of Illinois shall establish a goal of
awarding not less than 25% of the annual dollar value of all
contracts, purchase orders, and other agreements (collectively
referred to as "the contracts") to minority-owned businesses or
businesses owned by a person with a disability and 5% of the
annual dollar value the contracts to female-owned businesses.
For purposes of this subsection, the term "games" has the
meaning set forth in the Olympic Games and Paralympic Games
(2016) Law.
(d) Within one year after April 28, 2009 (the effective
date of Public Act 96-8), the Department of Central Management
Services shall conduct a social scientific study that measures
the impact of discrimination on minority and female business
development in Illinois. Within 18 months after April 28, 2009
(the effective date of Public Act 96-8), the Department shall
issue a report of its findings and any recommendations on
whether to adjust the goals for minority and female
participation established in this Act. Copies of this report
and the social scientific study shall be filed with the
Governor and the General Assembly.
(e) Except as permitted under this Act or Notwithstanding
any provision of law to the contrary and except as otherwise
mandated by federal law or regulation, those who submit bids or
proposals for State construction contracts subject to the
provisions of this Act, whose bids or proposals are successful

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but that fail to meet the goals set forth in subsection (b) of
this Section, shall be notified of that deficiency and shall be
afforded a period not to exceed 10 days to cure that deficiency
in the bid or proposal. The deficiency in the bid or proposal
may only be cured by contracting with additional subcontractors
who are owned by minorities or females, but in no case shall an
identified subcontractor with a certification made pursuant to
this Act be terminated from the contract without the written
consent of the State agency or public institution of higher
education entering into the contract.
(Source: P.A. 99-462, eff. 8-25-15.)
(30 ILCS 575/9) (from Ch. 127, par. 132.609)
(Section scheduled to be repealed on June 30, 2016)
Sec. 9. This Act is repealed June 30, 2020 2016.
(Source: P.A. 96-949, eff. 6-25-10; 96-1444, eff. 8-20-10;
97-712, eff. 6-27-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.".