Bill Amendment: IL HB3299 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: BEP-NOT-FOR-PROFIT-WORKFORCE
Status: 2023-04-28 - Rule 3-9(a) / Re-referred to Assignments [HB3299 Detail]
Download: Illinois-2023-HB3299-House_Amendment_001.html
Bill Title: BEP-NOT-FOR-PROFIT-WORKFORCE
Status: 2023-04-28 - Rule 3-9(a) / Re-referred to Assignments [HB3299 Detail]
Download: Illinois-2023-HB3299-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3299
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2 | AMENDMENT NO. ______. Amend House Bill 3299 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Business Enterprise for Minorities, Women, | ||||||
5 | and Persons with
Disabilities Act is amended by changing | ||||||
6 | Section 2 as follows:
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7 | (30 ILCS 575/2)
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8 | (Section scheduled to be repealed on June 30, 2024) | ||||||
9 | Sec. 2. Definitions.
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10 | (A) For the purpose of this Act, the following
terms shall | ||||||
11 | have the following definitions:
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12 | (1) "Minority person" shall mean a person who is a | ||||||
13 | citizen or lawful
permanent resident of the United States | ||||||
14 | and who is any of the following:
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15 | (a) American Indian or Alaska Native (a person | ||||||
16 | having origins in any of the original peoples of North |
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1 | and South America, including Central America, and who | ||||||
2 | maintains tribal affiliation or community attachment). | ||||||
3 | (b) Asian (a person having origins in any of the | ||||||
4 | original peoples of the Far East, Southeast Asia, or | ||||||
5 | the Indian subcontinent, including, but not limited | ||||||
6 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
7 | Pakistan, the Philippine Islands, Thailand, and | ||||||
8 | Vietnam). | ||||||
9 | (c) Black or African American (a person having | ||||||
10 | origins in any of the black racial groups of Africa). | ||||||
11 | (d) Hispanic or Latino (a person of Cuban, | ||||||
12 | Mexican, Puerto Rican, South or Central American, or | ||||||
13 | other Spanish culture or origin, regardless of race). | ||||||
14 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
15 | person having origins in any of the original peoples | ||||||
16 | of Hawaii, Guam, Samoa, or other Pacific Islands).
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17 | (2) "Woman" shall mean a person who is a citizen or | ||||||
18 | lawful permanent
resident of the United States and who is | ||||||
19 | of the female gender.
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20 | (2.05) "Person with a disability" means a person who | ||||||
21 | is a citizen or
lawful resident of the United States and is | ||||||
22 | a person qualifying as a person with a disability under | ||||||
23 | subdivision (2.1) of this subsection (A).
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24 | (2.1) "Person with a disability" means a person with a | ||||||
25 | severe physical or mental disability that:
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26 | (a) results from:
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1 | amputation,
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2 | arthritis,
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3 | autism,
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4 | blindness,
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5 | burn injury,
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6 | cancer,
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7 | cerebral palsy,
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8 | Crohn's disease, | ||||||
9 | cystic fibrosis,
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10 | deafness,
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11 | head injury,
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12 | heart disease,
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13 | hemiplegia,
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14 | hemophilia,
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15 | respiratory or pulmonary dysfunction,
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16 | an intellectual disability,
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17 | mental illness,
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18 | multiple sclerosis,
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19 | muscular dystrophy,
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20 | musculoskeletal disorders,
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21 | neurological disorders, including stroke and | ||||||
22 | epilepsy,
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23 | paraplegia,
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24 | quadriplegia and other spinal cord conditions,
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25 | sickle cell anemia,
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26 | ulcerative colitis, |
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1 | specific learning disabilities, or
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2 | end stage renal failure disease; and
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3 | (b) substantially limits one or more of the | ||||||
4 | person's major life activities.
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5 | Another disability or combination of disabilities may | ||||||
6 | also be considered
as a severe disability for the purposes | ||||||
7 | of item (a) of this
subdivision (2.1) if it is determined | ||||||
8 | by an evaluation of
rehabilitation potential to
cause a | ||||||
9 | comparable degree of substantial functional limitation | ||||||
10 | similar to
the specific list of disabilities listed in | ||||||
11 | item (a) of this
subdivision (2.1).
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12 | (3) "Minority-owned business" means a business which | ||||||
13 | is at least
51% owned by one or more minority persons, or | ||||||
14 | in the case of a
corporation, at least 51% of the stock in | ||||||
15 | which is owned by one or
more minority persons; and the | ||||||
16 | management and daily business operations of
which are | ||||||
17 | controlled by one or more of the minority individuals who | ||||||
18 | own it.
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19 | (4) "Women-owned business" means a business which is | ||||||
20 | at least
51% owned by one or more women, or, in the case of | ||||||
21 | a corporation, at
least 51% of the stock in which is owned | ||||||
22 | by one or more women; and the
management and daily | ||||||
23 | business operations of which are controlled by one or
more | ||||||
24 | of the women who own it.
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25 | (4.1) "Business owned by a person with a disability" | ||||||
26 | means a business
that is at least 51% owned by one or more |
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1 | persons with a disability
and the management and daily | ||||||
2 | business operations of which
are controlled by one or more | ||||||
3 | of the persons with disabilities who own it. A
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4 | not-for-profit agency for persons with disabilities that | ||||||
5 | is exempt from
taxation under Section 501 of the Internal | ||||||
6 | Revenue Code of 1986 is also
considered a "business owned | ||||||
7 | by a person with a disability".
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8 | (4.2) "Council" means the Business Enterprise Council | ||||||
9 | for Minorities, Women, and Persons with Disabilities | ||||||
10 | created under Section 5 of this Act.
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11 | (4.3) "Commission" means, unless the context clearly | ||||||
12 | indicates otherwise, the Commission on Equity and | ||||||
13 | Inclusion created under the Commission on Equity and | ||||||
14 | Inclusion Act. | ||||||
15 | (5) "State contracts" means all contracts entered into | ||||||
16 | by the State, any agency or department thereof, or any | ||||||
17 | public institution of higher education, including | ||||||
18 | community college districts, regardless of the source of | ||||||
19 | the funds with which the contracts are paid, which are not | ||||||
20 | subject to federal reimbursement. "State contracts" does | ||||||
21 | not include contracts awarded by a retirement system, | ||||||
22 | pension fund, or investment board subject to Section | ||||||
23 | 1-109.1 of the Illinois Pension Code or contracts for | ||||||
24 | workforce development or technical assistance for | ||||||
25 | businesses . This definition shall control over any | ||||||
26 | existing definition under this Act or applicable |
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1 | administrative rule.
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2 | "State construction contracts" means all State | ||||||
3 | contracts entered
into by a State agency or public | ||||||
4 | institution of higher education for the repair, | ||||||
5 | remodeling,
renovation or
construction of a building or | ||||||
6 | structure, or for the construction or
maintenance of a | ||||||
7 | highway defined in Article 2 of the Illinois Highway
Code. | ||||||
8 | "State construction contracts" does not include contracts | ||||||
9 | for workforce development or technical assistance for | ||||||
10 | businesses.
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11 | (6) "State agencies" shall mean all departments, | ||||||
12 | officers, boards,
commissions, institutions and bodies | ||||||
13 | politic and corporate of the State,
but does not include | ||||||
14 | the Board of Trustees of the University of Illinois,
the | ||||||
15 | Board of Trustees of Southern Illinois University,
the | ||||||
16 | Board of Trustees
of Chicago State University, the Board | ||||||
17 | of Trustees of Eastern Illinois
University, the Board of | ||||||
18 | Trustees of Governors State University, the Board of
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19 | Trustees of Illinois State University, the Board of | ||||||
20 | Trustees of Northeastern
Illinois
University, the Board of | ||||||
21 | Trustees of Northern Illinois University, the Board of
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22 | Trustees of Western Illinois University,
municipalities or | ||||||
23 | other local governmental units, or other State | ||||||
24 | constitutional
officers.
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25 | (7) "Public institutions of higher education" means | ||||||
26 | the University of Illinois, Southern Illinois University, |
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1 | Chicago State University, Eastern Illinois University, | ||||||
2 | Governors State University, Illinois State University, | ||||||
3 | Northeastern Illinois University, Northern Illinois | ||||||
4 | University, Western Illinois University, the public | ||||||
5 | community colleges of the State, and any other public | ||||||
6 | universities, colleges, and community colleges now or | ||||||
7 | hereafter established or authorized by the General | ||||||
8 | Assembly.
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9 | (8) "Certification" means a determination made by the | ||||||
10 | Council
or by one delegated authority from the Council to | ||||||
11 | make certifications, or by
a State agency with statutory | ||||||
12 | authority to make such a certification, that a
business | ||||||
13 | entity is a business owned by a
minority, woman, or person | ||||||
14 | with a disability for whatever
purpose. A business owned | ||||||
15 | and controlled by women shall be certified as a | ||||||
16 | "woman-owned business". A business owned and controlled by | ||||||
17 | women who are also minorities shall be certified as both a | ||||||
18 | "women-owned business" and a "minority-owned business".
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19 | (9) "Control" means the exclusive or ultimate and sole | ||||||
20 | control of the
business including, but not limited to, | ||||||
21 | capital investment and all other
financial matters, | ||||||
22 | property, acquisitions, contract negotiations, legal
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23 | matters, officer-director-employee selection and | ||||||
24 | comprehensive hiring,
operating responsibilities, | ||||||
25 | cost-control matters, income and dividend
matters, | ||||||
26 | financial transactions and rights of other shareholders or |
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1 | joint
partners. Control shall be real, substantial and | ||||||
2 | continuing, not pro forma.
Control shall include the power | ||||||
3 | to direct or cause the direction of the
management and | ||||||
4 | policies of the business and to make the day-to-day as | ||||||
5 | well
as major decisions in matters of policy, management | ||||||
6 | and operations.
Control shall be exemplified by possessing | ||||||
7 | the requisite knowledge and
expertise to run the | ||||||
8 | particular business and control shall not include
simple | ||||||
9 | majority or absentee ownership.
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10 | (10) "Business" means a business that has annual gross | ||||||
11 | sales of less than $150,000,000 as evidenced by the | ||||||
12 | federal income tax return of the business. A firm with | ||||||
13 | gross sales in excess of this cap may apply to the Council | ||||||
14 | for certification for a particular contract if the firm | ||||||
15 | can demonstrate that the contract would have significant | ||||||
16 | impact on businesses owned by minorities, women, or | ||||||
17 | persons with disabilities as suppliers or subcontractors | ||||||
18 | or in employment of minorities, women, or persons with | ||||||
19 | disabilities. Firms with gross sales in excess of this cap
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20 | that are granted certification by the Council shall be
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21 | granted certification for the life of the contract,
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22 | including available renewals.
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23 | (11) "Utilization plan" means a form and additional | ||||||
24 | documentations included in all bids or proposals that | ||||||
25 | demonstrates a vendor's proposed utilization of vendors | ||||||
26 | certified by the Business Enterprise Program to meet the |
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1 | targeted goal. The utilization plan shall demonstrate that | ||||||
2 | the Vendor has either: (1) met the entire contract goal or | ||||||
3 | (2) requested a full or partial waiver and made good faith | ||||||
4 | efforts towards meeting the goal. | ||||||
5 | (12) "Business Enterprise Program" means the Business | ||||||
6 | Enterprise Program of the Commission on Equity and | ||||||
7 | Inclusion. | ||||||
8 | (13) "Workforce development" means career training and | ||||||
9 | networking if the career training or networking is | ||||||
10 | designed to increase participation by underrepresented | ||||||
11 | groups, including minorities, women, veterans, or | ||||||
12 | residents of economically distressed communities. | ||||||
13 | (14) "Technical assistance for businesses" means | ||||||
14 | assistance to create business opportunities for small | ||||||
15 | businesses that are minority-owned businesses, women-owned | ||||||
16 | businesses, and veteran-owned businesses and to support | ||||||
17 | those businesses. | ||||||
18 | (B) When a business is owned at least 51% by any | ||||||
19 | combination of
minority persons, women, or persons with | ||||||
20 | disabilities,
even though none of the 3 classes alone holds at | ||||||
21 | least a 51% interest, the
ownership
requirement for purposes | ||||||
22 | of this Act is considered to be met. The
certification | ||||||
23 | category for the business is that of the class holding the
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24 | largest ownership
interest in the business. If 2 or more | ||||||
25 | classes have equal ownership interests,
the certification | ||||||
26 | category shall be determined by
the business.
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1 | (Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22; | ||||||
2 | 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)".
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