Bill Text: IL SB2228 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. Requires each granted participation goal waiver to be published for public viewing through the awarding agency prior to the formal award of contracts. Requires the waiver to include a statement of the basis upon which the waiver was granted and the identity of the individual authorizing the waiver. Amends the State Mandates Act to require implementation without reimbursement.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2228 Detail]

Download: Illinois-2013-SB2228-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2228 Introduced 2/15/2013, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED:
30 ILCS 575/5 from Ch. 127, par. 132.605
30 ILCS 805/8.37 new
Amends the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. Requires each granted participation goal waiver to be published for public viewing through the awarding agency prior to the formal award of contracts. Requires the waiver to include a statement of the basis upon which the waiver was granted and the identity of the individual authorizing the waiver. Amends the State Mandates Act to require implementation without reimbursement.
LRB098 10727 JDS 41062 b
FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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(Section scheduled to be repealed on June 30, 2016)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,
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

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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.
(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

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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
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

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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)
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

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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; provided
that each granted waiver shall be published for public
viewing through the awarding agency prior to the formal
award of contracts and shall include a statement of the
basis upon which the waiver was granted and the identity of
the individual authorizing the waiver.
(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.
(Source: P.A. 94-793, eff. 5-19-06.)

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Section 90. The State Mandates Act is amended by adding
Section 8.37 as follows:
(30 ILCS 805/8.37 new)
Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 98th General Assembly.