Bill Text: IL SB2363 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. Specifies that a board of trustees of a community college district qualifies as a State university for the purposes of the Act. Amends the Local Government Professional Services Selection Act. Provides that a community college district does not qualify as a political subdivision for the purposes of the Act. Deletes a provision that exempted from the Act's notice, evaluation, and selection requirements those political subdivisions that have a satisfactory relationship for services with one or more firms. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2363 Detail]

Download: Illinois-2013-SB2363-Amended.html

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Sen. Iris Y. Martinez

Filed: 5/6/2013

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AMENDMENT TO SENATE BILL 2363
AMENDMENT NO. ______. Amend Senate Bill 2363 by replacing
everything after the enacting clause with the following:
"Section 5. The Architectural, Engineering, and Land
Surveying Qualifications Based Selection Act is amended by
changing Section 45 as follows:
(30 ILCS 535/45) (from Ch. 127, par. 4151-45)
Sec. 45. Small contracts. The provisions of Sections 25,
30, and 35 do not apply to architectural, engineering, and land
surveying contracts with an estimated basic professional
services fee of less than $50,000 $25,000.
(Source: P.A. 92-861, eff. 1-3-03.)
Section 10. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by
changing Section 5 as follows:

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(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(Section scheduled to be repealed on June 30, 2016)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
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.

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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.
(a-5) Devise a certification procedure to assure that
businesses contracting with public community colleges
under the Public Community College Act and taking advantage
of this Act are legitimately classified as businesses owned
by minorities.
(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

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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
person with a disability.
(4) Any Council member who has direct financial or personal
interest in any measure pending before the Council shall

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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
by minorities, females, and persons with disabilities as
prime contractors including, but not limited to, (i)
encouraging the inclusions of qualified businesses owned

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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.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 15. The Local Government Professional Services
Selection Act is amended by changing Sections 4, 5, 6, and 7
and by adding Sections 9 and 10 as follows:
(50 ILCS 510/4) (from Ch. 85, par. 6404)
Sec. 4. Public notice. Present provisions of law
notwithstanding, in the procurement of architectural,
engineering or land surveying services, each political

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subdivision which utilizes architectural, engineering or land
surveying services shall permit firms engaged in the lawful
practice of their professions to annually file a statement of
qualifications and performance data with the political
subdivision.
Except as provided otherwise in Section 9 of this Act,
whenever Whenever a project requiring architectural,
engineering or land surveying services is proposed for a
political subdivision, the political subdivision shall, unless
it has a satisfactory relationship for services with one or
more firms:
(1) Mail a notice requesting a statement of interest in the
specific project to all firms who have a current statement of
qualifications and performance data on file with the political
subdivision; or
(2) Place an advertisement in a secular English language
daily newspaper of general circulation throughout such
political subdivision, requesting a statement of interest in
the specific project and further requesting statements of
qualifications and performance data from those firms which do
not have such a statement on file with the political
subdivision. Such advertisement shall state the day, hour and
place the statement of interest and the statements of
qualifications and performance data shall be due.
(Source: P.A. 85-854.)

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(50 ILCS 510/5) (from Ch. 85, par. 6405)
Sec. 5. Evaluation Procedure. Except as provided otherwise
in Section 9 of this Act, a A political subdivision shall,
unless it has a satisfactory relationship for services with one
or more firms, evaluate the firms submitting letters of
interest, taking into account qualifications, ability of
professional personnel, past record and experience,
performance data on file, willingness to meet time
requirements, location, workload of the firm, and such other
qualifications-based factors as the political subdivision may
determine in writing are applicable. The political subdivision
may conduct discussions with and require public presentations
by firms deemed to be the most qualified regarding their
qualifications, approach to the project, and ability to furnish
the required services. In no case shall a political
subdivision, prior to selecting a firm for negotiation under
Section 7, seek formal or informal submission of verbal or
written estimates of costs or proposals in terms of dollars,
hours required, percentage of construction cost, or any other
measure of compensation.
(Source: P.A. 94-1097, eff. 2-2-07.)
(50 ILCS 510/6) (from Ch. 85, par. 6406)
Sec. 6. Selection procedure. Except as provided otherwise
in Section 9 of this Act, on On the basis of evaluations,
discussions and presentations, the political subdivision

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shall, unless it has a satisfactory relationship for services
with one or more firms, select no less than 3 firms which it
determines to be the most qualified to provide services for the
project and rank them in order of qualifications to provide
services regarding the specific project. The political
subdivision shall then contact the firm ranked most preferred
and attempt to negotiate a contract at a fair and reasonable
compensation, taking into account the estimated value, scope,
complexity, and professional nature of the services to be
rendered. If fewer than 3 firms submit letters of interest and
the political subdivision determines that one or both of those
firms are so qualified, the political subdivision may proceed
to negotiate a contract pursuant to this Section and Section 7.
(Source: P.A. 85-854.)
(50 ILCS 510/7) (from Ch. 85, par. 6407)
Sec. 7. Contract negotiation. Except as provided otherwise
in Section 9 of this Act:
(1) The political subdivision shall prepare a written
description of the scope of the proposed services to be used as
a basis for negotiations and shall negotiate a contract with
the highest qualified firm at compensation that the political
subdivision determines in writing to be fair and reasonable. In
making this decision the political subdivision shall take into
account the estimated value, scope, complexity and
professional nature of the services to be rendered.

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(2) If the political subdivision is unable to negotiate a
satisfactory contract with the firm which is most preferred,
negotiations with that firm shall be terminated. The political
subdivision shall then begin negotiations with the firm which
is next preferred. If the political subdivision is unable to
negotiate a satisfactory contract with that firm, negotiations
with that firm shall be terminated. The political subdivision
shall then begin negotiations with the firm which is next
preferred.
(3) If the political subdivision is unable to negotiate a
satisfactory contract with any of the selected firms, the
political subdivision shall re-evaluate the architectural,
engineering or land surveying services requested, including
the estimated value, scope, complexity and fee requirements.
The political subdivision shall then compile a second list of
not less than three qualified firms and proceed in accordance
with the provisions of this Act.
(Source: P.A. 85-854.)
(50 ILCS 510/9 new)
Sec. 9. Procurement of certain contracts. Notwithstanding
any provision of this Act to the contrary, a political
subdivision seeking to procure architectural, engineering, or
land surveying services, where the majority of the funding for
the project to which the services relate, or for which the
services are contemplated, will be provided by the State or any

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agency thereof, including, but not limited to, direct
appropriations and proceeds from the sale of bonds, the
political subdivision shall use the process provided for the
procurement of architectural, engineering, and land surveying
services by State agencies under the Architectural,
Engineering, and Land Surveying Qualifications Based Selection
Act.
(50 ILCS 510/10 new)
Sec. 10. Affirmative action. Nothing in this Act shall be
deemed to prohibit or restrict political subdivisions from
establishing or maintaining affirmative action contracting
goals for minorities or women, or small business setaside
programs, now or hereafter established by ordinance or rule.
Section 20. The Public Community College Act is amended by
adding Section 3-65 as follows:
(110 ILCS 805/3-65 new)
Sec. 3-65. Contracting with minority owned and female owned
businesses.
(a) Notwithstanding any other provision of this Act,
community college boards organized under this Act shall:
(1) on or before March 1, 2014, designate an officer as
the point of contact for minority owned and female owned
businesses;

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(2) on or before March 1, 2014, adopt a resolution that
outlines the goals of the public community college for
contracting with minority owned and female owned
businesses for the then current fiscal year, the manner in
which the public community college intends to reach these
goals, and a timetable for reaching these goals; and
(3) present a report on January 1, 2017 to the General
Assembly indicating the total dollar value of contracts
awarded to minority owned and female owned businesses
between January 1, 2014 and December 31, 2017, and the
total dollars paid to minority owned and female owned
businesses between January 1, 2014 and December 31, 2017.
These amounts shall also be expressed as a percentage of
the total work performed by the entity submitting the
report.
(b) For the purposes of this Section:
"Female owned business" shall have the meaning
ascribed to it in paragraph (4) of subsection (A) of
Section 2 of the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act.
"Minority owned business" shall have the meaning
ascribed to it in paragraph (3) of subsection (A) of
Section 2 of the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act.
Section 99. Effective date. This Act takes effect January

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1, 2014.".