Bill Text: IL SB0276 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the General Obligation Bond Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB0276 Detail]

Download: Illinois-2013-SB0276-Amended.html

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Sen. Iris Y. Martinez

Filed: 4/1/2014

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AMENDMENT TO SENATE BILL 276
AMENDMENT NO. ______. Amend Senate Bill 276 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 Section 5 as follows:
(30 ILCS 575/5) (from Ch. 127, par. 132.605)
(Section scheduled to be repealed on June 30, 2016)
Sec. 5. Business Enterprise Council.
(1) To help implement, monitor and enforce the goals of
this Act, there is created the Business Enterprise Council for
Minorities, Females, and Persons with Disabilities,
hereinafter referred to as the Council, composed of the
Secretary of Human Services and the Directors of the Department
of Human Rights, the Department of Commerce and Economic
Opportunity, the Department of Central Management Services,

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the Department of Transportation and the Capital Development
Board, or their duly appointed representatives. Ten
individuals representing businesses that are minority or
female owned or owned by persons with disabilities, 2
individuals representing the business community, and a
representative of public universities shall be appointed by the
Governor. These members shall serve 2 year terms and shall be
eligible for reappointment. Any vacancy occurring on the
Council shall also be filled by the Governor. Any member
appointed to fill a vacancy occurring prior to the expiration
of the term for which his predecessor was appointed shall be
appointed for the remainder of such term. Members of the
Council shall serve without compensation but shall be
reimbursed for any ordinary and necessary expenses incurred in
the performance of their duties.
The Director of the Department of Central Management
Services shall serve as the Council chairperson and shall
select, subject to approval of the council, a Secretary
responsible for the operation of the program who shall serve as
the Division Manager of the Business Enterprise for Minorities,
Females, and Persons with Disabilities Division of the
Department of Central Management Services.
The Director of each State agency and the chief executive
officer of each State university shall appoint a liaison to the
Council. The liaison shall be responsible for submitting to the
Council any reports and documents necessary under this Act.

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(2) The Council's authority and responsibility shall be to:
(a) Devise a certification procedure to assure that
businesses taking advantage of this Act are legitimately
classified as businesses owned by minorities, females, or
persons with disabilities.
(b) Maintain a list of all businesses legitimately
classified as businesses owned by minorities, females, or
persons with disabilities to provide to State agencies and
State universities.
(c) Review rules and regulations for the
implementation of the program for businesses owned by
minorities, females, and persons with disabilities.
(d) Review compliance plans submitted by each State
agency and State university pursuant to this Act.
(e) Make annual reports as provided in Section 8f to
the Governor and the General Assembly on the status of the
program.
(f) Serve as a central clearinghouse for information on
State contracts, including the maintenance of a list of all
pending State contracts upon which businesses owned by
minorities, females, and persons with disabilities may
bid. At the Council's discretion, maintenance of the list
may include 24-hour electronic access to the list along
with the bid and application information.
(g) Establish a toll free telephone number to
facilitate information requests concerning the

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certification process and pending contracts.
(3) No premium bond rate of a surety company for a bond
required of a business owned by a minority, female, or person
with a disability bidding for a State contract shall be higher
than the lowest rate charged by that surety company for a
similar bond in the same classification of work that would be
written for a business not owned by a minority, female, or
person with a disability.
(4) Any Council member who has direct financial or personal
interest in any measure pending before the Council shall
disclose this fact to the Council and refrain from
participating in the determination upon such measure.
(5) The Secretary shall have the following duties and
responsibilities:
(a) To be responsible for the day-to-day operation of
the Council.
(b) To serve as a coordinator for all of the State's
programs for businesses owned by minorities, females, and
persons with disabilities and as the information and
referral center for all State initiatives for businesses
owned by minorities, females, and persons with
disabilities.
(c) To establish an enforcement procedure whereby the
Council may recommend to the appropriate State legal
officer that the State exercise its legal remedies which
shall include (1) termination of the contract involved, (2)

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prohibition of participation by the respondent in public
contracts for a period not to exceed one year, (3)
imposition of a penalty not to exceed any profit acquired
as a result of violation, or (4) any combination thereof.
Such procedures shall require prior approval by Council.
(d) To devise appropriate policies, regulations and
procedures for including participation by businesses owned
by minorities, females, and persons with disabilities as
prime contractors including, but not limited to, (i)
encouraging the inclusions of qualified businesses owned
by minorities, females, and persons with disabilities on
solicitation lists, (ii) investigating the potential of
blanket bonding programs for small construction jobs,
(iii) investigating and making recommendations concerning
the use of the sheltered market process.
(e) To devise procedures for the waiver of the
participation goals in appropriate circumstances.
(f) To accept donations and, with the approval of the
Council or the Director of Central Management Services,
grants related to the purposes of this Act; to conduct
seminars related to the purpose of this Act and to charge
reasonable registration fees; and to sell directories,
vendor lists and other such information to interested
parties, except that forms necessary to become eligible for
the program shall be provided free of charge to a business
or individual applying for the program.

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(6) The Council shall study the Illinois State Toll Highway
Authority's Earned Credit Program to determine (a) how the
Program could be adapted to apply all State construction
projects, and (b) the changes to Illinois' statutes and rules
that would be needed to implement the Program statewide. The
Council shall report its findings to the Secretary of Human
Services and to the General Assembly on or before January 1,
2015. This subsection is inoperative on and after January 1,
2016.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 99. Effective date. This Act takes effect upon
becoming law.".