|
compensated through the specific fund transfers authorized |
by this Section, if any; |
(5) amounts received from a State agency or university |
for workers' compensation payments for temporary total |
disability, as provided in Section 405-105 of the |
Department of Central Management Services Law of the Civil |
Administrative Code of Illinois; and |
(6) amounts recovered through subrogation in workers' |
compensation and workers' occupational disease cases. |
(b) Moneys in the Fund may be used by the Department for |
reimbursement or payment for: |
(1) providing workers' compensation services to State |
agencies and State universities; or |
(2) providing for payment of administrative and other |
expenses (and, beginning January 1, 2013, fees and charges |
made pursuant to a contract with a private vendor) incurred |
in providing workers' compensation services. The |
Department, or any successor agency designated to enter |
into contracts with one or more private vendors for the |
administration of the workers' compensation program for |
State employees pursuant to subsection 10b of Section |
405-105 of the Department of Central Management Services |
Law of the Civil Administrative Code of Illinois, is |
authorized to establish one or more special funds, as |
separate accounts provided by any bank or banks as defined |
by the Illinois Banking Act, any savings and loan |
|
association or associations as defined by the Illinois |
Savings and Loan Act of 1985, or any credit union as |
defined by the Illinois Credit Union Act, to be held by the |
Director outside of the State treasury, for the purpose of |
receiving the transfer of moneys from the Workers' |
Compensation Revolving Fund. The Department may promulgate |
rules further defining the methodology for the transfers. |
Any interest earned by moneys in the funds or accounts |
shall be deposited into the Workers' Compensation |
Revolving Fund. The transferred moneys, and interest |
accrued thereon, shall be used exclusively for transfers to |
contracted private vendors or their financial institutions |
for payments to workers' compensation claimants and |
providers for workers' compensation services, claims, and |
benefits pursuant to this Section and subsection 9 of |
Section 405-105 of the Department of Central Management |
Services Law of the Civil Administrative Code of Illinois. |
The transferred moneys, and interest accrued thereon, |
shall not be used for any other purpose including, but not |
limited to, reimbursement or payment of administrative |
fees due the contracted vendor pursuant to its contract or |
contracts with the Department. |
(c) State agencies may direct the Comptroller to process |
inter-fund
transfers or make payment through the voucher and |
warrant process to the Workers' Compensation Revolving Fund in |
satisfaction of billings issued under subsection (a) of this |
|
Section. |
(d) Reconciliation. For the fiscal year beginning on July |
1, 2004 only, the Director of Central Management Services (the |
"Director") shall order that each State agency's payments and |
transfers made to the Fund be reconciled with actual Fund costs |
for workers' compensation services provided by the Department |
and attributable to the State agency and relevant fund on no |
less than an annual basis. The Director may require reports |
from State agencies as deemed necessary to perform this |
reconciliation. |
(d-5) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2005 and until June 30, 2006, |
in addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Director |
of Central Management Services, the State Comptroller shall |
direct and the State Treasurer shall transfer amounts into the |
Workers' Compensation Revolving Fund from the designated funds |
not exceeding the following totals: |
Mental Health Fund............................$17,694,000 |
Statistical Services Revolving Fund............$1,252,600 |
Department of Corrections Reimbursement |
and Education Fund.........................$1,198,600 |
Communications Revolving Fund....................$535,400 |
Child Support Administrative Fund................$441,900 |
Health Insurance Reserve Fund....................$238,900 |
Fire Prevention Fund.............................$234,100 |
|
Park and Conservation Fund.......................$142,000 |
Motor Fuel Tax Fund..............................$132,800 |
Illinois Workers' Compensation |
Commission Operations Fund...................$123,900 |
State Boating Act Fund...........................$112,300 |
Public Utility Fund..............................$106,500 |
State Lottery Fund...............................$101,300 |
Traffic and Criminal Conviction |
Surcharge Fund................................$88,500 |
State Surplus Property Revolving Fund.............$82,700 |
Natural Areas Acquisition Fund....................$65,600 |
Securities Audit and Enforcement Fund.............$65,200 |
Agricultural Premium Fund.........................$63,400 |
Capital Development Fund..........................$57,500 |
State Gaming Fund.................................$54,300 |
Underground Storage Tank Fund.....................$53,700 |
Illinois State Medical Disciplinary Fund..........$53,000 |
Personal Property Tax Replacement Fund............$53,000 |
General Professions Dedicated Fund...............$51,900
|
Total $23,003,100
|
(d-10) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, on the first day of each calendar quarter |
of the fiscal year beginning July 1, 2005, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer from each designated fund |
|
into the Workers' Compensation Revolving Fund amounts equal to |
one-fourth of each of the following totals: |
General Revenue Fund......................... $34,000,000 |
Road Fund.................................... $25,987,000 |
Total $59,987,000
|
(d-12) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, on the effective date of this amendatory |
Act of the 94th General Assembly, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer from each designated fund |
into the Workers' Compensation Revolving Fund the following |
amounts: |
General Revenue Fund..........................$10,000,000 |
Road Fund......................................$5,000,000 |
Total $15,000,000
|
(d-15) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, on July 1, 2006, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer from each designated fund |
into the Workers' Compensation Revolving Fund the following |
amounts: |
General Revenue Fund.........................$44,028,200
|
Road Fund....................................$28,084,000
|
Total $72,112,200
|
|
(d-20) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2006 and until June 30, 2007, |
in addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Director |
of Central Management Services, the State Comptroller shall |
direct and the State Treasurer shall transfer amounts into the |
Workers' Compensation Revolving Fund from the designated funds |
not exceeding the following totals: |
Mental Health Fund............................$19,121,800 |
Statistical Services Revolving Fund............$1,353,700 |
Department of Corrections Reimbursement |
and Education Fund.........................$1,295,300 |
Communications Revolving Fund....................$578,600 |
Child Support Administrative Fund................$477,600 |
Health Insurance Reserve Fund....................$258,200 |
Fire Prevention Fund.............................$253,000 |
Park and Conservation Fund.......................$153,500 |
Motor Fuel Tax Fund..............................$143,500 |
Illinois Workers' Compensation |
Commission Operations Fund...................$133,900 |
State Boating Act Fund...........................$121,400 |
Public Utility Fund..............................$115,100 |
State Lottery Fund...............................$109,500 |
Traffic and Criminal Conviction Surcharge Fund....$95,700 |
State Surplus Property Revolving Fund.............$89,400 |
Natural Areas Acquisition Fund....................$70,800 |
|
Securities Audit and Enforcement Fund.............$70,400 |
Agricultural Premium Fund.........................$68,500 |
State Gaming Fund.................................$58,600 |
Underground Storage Tank Fund.....................$58,000 |
Illinois State Medical Disciplinary Fund..........$57,200 |
Personal Property Tax Replacement Fund............$57,200 |
General Professions Dedicated Fund...............$56,100
|
Total $24,797,000
|
(d-25) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, on July 1, 2009, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer from each designated fund |
into the Workers' Compensation Revolving Fund the following |
amounts: |
General Revenue Fund.........................$55,000,000 |
Road Fund....................................$34,803,000 |
Total $89,803,000 |
(d-30) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2009 and until June 30, 2010, |
in addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Director |
of Central Management Services, the State Comptroller shall |
direct and the State Treasurer shall transfer amounts into the |
Workers' Compensation Revolving Fund from the designated funds |
not exceeding the following totals: |
|
Food and Drug Safety Fund.........................$13,900 |
Teacher Certificate Fee Revolving Fund.............$6,500 |
Transportation Regulatory Fund....................$14,500 |
Financial Institution Fund........................$25,200 |
General Professions Dedicated Fund................$25,300 |
Illinois Veterans' Rehabilitation Fund............$64,600 |
State Boating Act Fund...........................$177,100 |
State Parks Fund.................................$104,300 |
Lobbyist Registration Administration Fund.........$14,400 |
Agricultural Premium Fund.........................$79,100 |
Fire Prevention Fund.............................$360,200 |
Mental Health Fund.............................$9,725,200 |
Illinois State Pharmacy Disciplinary Fund..........$5,600 |
Public Utility Fund...............................$40,900 |
Radiation Protection Fund.........................$14,200 |
Firearm Owner's Notification Fund..................$1,300 |
Solid Waste Management Fund.......................$74,100 |
Illinois Gaming Law Enforcement Fund..............$17,800 |
Subtitle D Management Fund........................$14,100 |
Illinois State Medical Disciplinary Fund..........$26,500 |
Facility Licensing Fund...........................$11,700 |
Plugging and Restoration Fund......................$9,100 |
Explosives Regulatory Fund.........................$2,300 |
Aggregate Operations Regulatory Fund...............$5,000 |
Coal Mining Regulatory Fund........................$1,900 |
Registered Certified Public Accountants' |
|
Administration and Disciplinary Fund...........$1,500 |
Weights and Measures Fund.........................$56,100 |
Division of Corporations Registered |
Limited Liability Partnership Fund.............$3,900 |
Illinois School Asbestos Abatement Fund...........$14,000 |
Secretary of State Special License Plate Fund.....$30,700 |
Capital Development Board Revolving Fund..........$27,000 |
DCFS Children's Services Fund.....................$69,300 |
Asbestos Abatement Fund...........................$17,200 |
Illinois Health Facilities Planning Fund..........$26,800 |
Emergency Public Health Fund.......................$5,600 |
Nursing Dedicated and Professional Fund...........$10,000 |
Optometric Licensing and Disciplinary |
Board Fund.....................................$1,600 |
Underground Resources Conservation |
Enforcement Fund..............................$11,500 |
Drunk and Drugged Driving Prevention Fund.........$18,200 |
Long Term Care Monitor/Receiver Fund..............$35,400 |
Community Water Supply Laboratory Fund.............$5,600 |
Securities Investors Education Fund................$2,000 |
Used Tire Management Fund.........................$32,400 |
Natural Areas Acquisition Fund...................$101,200 |
Open Space Lands Acquisition |
and
Development Fund..................$28,400 |
Working Capital Revolving Fund...................$489,100 |
State Garage Revolving Fund......................$791,900 |
|
Statistical Services Revolving Fund............$3,984,700 |
Communications Revolving Fund..................$1,432,800 |
Facilities Management Revolving Fund...........$1,911,600 |
Professional Services Fund.......................$483,600 |
Motor Vehicle Review Board Fund...................$15,000 |
Environmental Laboratory Certification Fund........$3,000 |
Public Health Laboratory Services |
Revolving Fund.................................$2,500 |
Lead Poisoning Screening, Prevention, |
and Abatement Fund............................$28,200 |
Securities Audit and Enforcement Fund............$258,400 |
Department of Business Services |
Special Operations Fund......................$111,900 |
Feed Control Fund.................................$20,800 |
Tanning Facility Permit Fund.......................$5,400 |
Plumbing Licensure and Program Fund...............$24,400 |
Tax Compliance and Administration Fund............$27,200 |
Appraisal Administration Fund......................$2,400 |
Small Business Environmental Assistance Fund.......$2,200 |
Illinois State Fair Fund..........................$31,400 |
Secretary of State Special Services Fund.........$317,600 |
Department of Corrections Reimbursement |
and Education Fund...........................$324,500 |
Health Facility Plan Review Fund..................$31,200 |
Illinois Historic Sites Fund......................$11,500 |
Attorney General Court Ordered and Voluntary |
|
Compliance Payment Projects Fund..............$18,500 |
Public Pension Regulation Fund.....................$5,600 |
Illinois Charity Bureau Fund......................$11,400 |
Renewable Energy Resources Trust Fund..............$6,700 |
Energy Efficiency Trust Fund.......................$3,600 |
Pesticide Control Fund............................$56,800 |
Attorney General Whistleblower Reward |
and Protection Fund...........................$14,200 |
Partners for Conservation Fund....................$36,900 |
Capital Litigation Trust Fund........................$800 |
Motor Vehicle License Plate Fund..................$99,700 |
Horse Racing Fund.................................$18,900 |
Death Certificate Surcharge Fund..................$12,800 |
Auction Regulation Administration Fund...............$500 |
Motor Carrier Safety Inspection Fund..............$55,800 |
Assisted Living and Shared Housing |
Regulatory Fund..................................$900 |
Illinois Thoroughbred Breeders Fund................$9,200 |
Illinois Clean Water Fund.........................$42,300 |
Secretary of State DUI Administration Fund........$16,100 |
Child Support Administrative Fund..............$1,037,900 |
Secretary of State Police Services Fund............$1,200 |
Tourism Promotion Fund............................$34,400 |
IMSA Income Fund..................................$12,700 |
Presidential Library and Museum Operating Fund....$83,000 |
Dram Shop Fund....................................$44,500 |
|
Illinois State Dental Disciplinary Fund............$5,700 |
Cycle Rider Safety Training Fund...................$8,700 |
Traffic and Criminal Conviction Surcharge Fund...$106,100 |
Design Professionals Administration |
and Investigation Fund.........................$4,500 |
State Police Services Fund.......................$276,100 |
Metabolic Screening and Treatment Fund............$90,800 |
Insurance Producer Administration Fund............$45,600 |
Coal Technology Development Assistance Fund.......$11,700 |
Hearing Instrument Dispenser Examining |
and Disciplinary Fund..........................$1,900 |
Low-Level Radioactive Waste Facility |
Development and Operation Fund.................$1,000 |
Environmental Protection Permit and |
Inspection Fund...............................$66,900 |
Park and Conservation Fund.......................$199,300 |
Local Tourism Fund.................................$2,400 |
Illinois Capital Revolving Loan Fund..............$10,000 |
Large Business Attraction Fund.......................$100 |
Adeline Jay Geo-Karis Illinois Beach |
Marina Fund...................................$27,200 |
Public Infrastructure Construction |
Loan Revolving Fund............................$1,700 |
Insurance Financial Regulation Fund...............$69,200 |
Total $24,197,800 |
(d-35) Notwithstanding any other provision of State law to |
|
the contrary and in addition to any other transfers that may be |
provided for by law, on July 1, 2010, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer from each designated fund |
into the Workers' Compensation Revolving Fund the following |
amounts: |
General Revenue Fund.........................$55,000,000 |
Road Fund....................................$50,955,300 |
Total $105,955,300 |
(d-40) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2010 and until June 30, 2011, |
in addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Director |
of Central Management Services, the State Comptroller shall |
direct and the State Treasurer shall transfer amounts into the |
Workers' Compensation Revolving Fund from the designated funds |
not exceeding the following totals: |
Food and Drug Safety Fund.........................$8,700 |
Financial Institution Fund.......................$44,500 |
General Professions Dedicated Fund...............$51,400 |
Live and Learn Fund..............................$10,900 |
Illinois Veterans' Rehabilitation Fund..........$106,000 |
State Boating Act Fund..........................$288,200 |
State Parks Fund................................$185,900 |
Wildlife and Fish Fund........................$1,550,300 |
Lobbyist Registration Administration Fund........$18,100 |
|
Agricultural Premium Fund.......................$176,100 |
Mental Health Fund..............................$291,900 |
Firearm Owner's Notification Fund.................$2,300 |
Illinois Gaming Law Enforcement Fund.............$11,300 |
Illinois State Medical Disciplinary Fund.........$42,300 |
Facility Licensing Fund..........................$14,200 |
Plugging and Restoration Fund....................$15,600 |
Explosives Regulatory Fund........................$4,800 |
Aggregate Operations Regulatory Fund..............$6,000 |
Coal Mining Regulatory Fund.......................$7,200 |
Registered Certified Public Accountants' |
Administration and Disciplinary Fund..........$1,900 |
Weights and Measures Fund.......................$105,200 |
Division of Corporations Registered |
Limited Liability Partnership Fund............$5,300 |
Illinois School Asbestos Abatement Fund..........$19,900 |
Secretary of State Special License Plate Fund....$38,700 |
DCFS Children's Services Fund...................$123,100 |
Illinois Health Facilities Planning Fund.........$29,700 |
Emergency Public Health Fund......................$6,800 |
Nursing Dedicated and Professional Fund..........$13,500 |
Optometric Licensing and Disciplinary |
Board Fund....................................$1,800 |
Underground Resources Conservation |
Enforcement Fund.............................$16,500 |
Mandatory Arbitration Fund........................$5,400 |
|
Drunk and Drugged Driving Prevention Fund........$26,400 |
Long Term Care Monitor/Receiver Fund.............$43,800 |
Securities Investors Education Fund..............$28,500 |
Used Tire Management Fund.........................$6,300 |
Natural Areas Acquisition Fund..................$185,000 |
Open Space Lands Acquisition and |
Development Fund.............................$46,800 |
Working Capital Revolving Fund..................$741,500 |
State Garage Revolving Fund.....................$356,200 |
Statistical Services Revolving Fund...........$1,775,900 |
Communications Revolving Fund...................$630,600 |
Facilities Management Revolving Fund............$870,800 |
Professional Services Fund......................$275,500 |
Motor Vehicle Review Board Fund..................$12,900 |
Public Health Laboratory Services |
Revolving Fund................................$5,300 |
Lead Poisoning Screening, Prevention, |
and Abatement Fund...........................$42,100 |
Securities Audit and Enforcement Fund...........$162,700 |
Department of Business Services |
Special Operations Fund.....................$143,700 |
Feed Control Fund................................$32,300 |
Tanning Facility Permit Fund......................$3,900 |
Plumbing Licensure and Program Fund..............$32,600 |
Tax Compliance and Administration Fund...........$48,400 |
Appraisal Administration Fund.....................$3,600 |
|
Illinois State Fair Fund.........................$30,200 |
Secretary of State Special Services Fund........$214,400 |
Department of Corrections Reimbursement |
and Education Fund..........................$438,300 |
Health Facility Plan Review Fund.................$29,900 |
Public Pension Regulation Fund....................$9,900 |
Pesticide Control Fund..........................$107,500 |
Partners for Conservation Fund..................$189,300 |
Motor Vehicle License Plate Fund................$143,800 |
Horse Racing Fund................................$20,900 |
Death Certificate Surcharge Fund.................$16,800 |
Auction Regulation Administration Fund............$1,000 |
Motor Carrier Safety Inspection Fund.............$56,800 |
Assisted Living and Shared Housing |
Regulatory Fund...............................$2,200 |
Illinois Thoroughbred Breeders Fund..............$18,100 |
Secretary of State DUI Administration Fund.......$19,800 |
Child Support Administrative Fund.............$1,809,500 |
Secretary of State Police Services Fund...........$2,500 |
Medical Special Purposes Trust Fund..............$20,400 |
Dram Shop Fund...................................$57,200 |
Illinois State Dental Disciplinary Fund...........$9,500 |
Cycle Rider Safety Training Fund.................$12,200 |
Traffic and Criminal Conviction Surcharge Fund..$128,900 |
Design Professionals Administration |
and Investigation Fund........................$7,300 |
|
State Police Services Fund......................$335,700 |
Metabolic Screening and Treatment Fund...........$81,600 |
Insurance Producer Administration Fund...........$77,000 |
Hearing Instrument Dispenser Examining |
and Disciplinary Fund.........................$1,900 |
Park and Conservation Fund......................$361,500 |
Adeline Jay Geo-Karis Illinois Beach |
Marina Fund..................................$42,800 |
Insurance Financial Regulation Fund.............$108,000 |
Total $13,033,200 |
(d-45) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, on July 1, 2011, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer the sum of $45,000,000 from |
the General Revenue Fund into the Workers' Compensation |
Revolving Fund. |
(e) The term "workers' compensation services" means |
services, claims expenses, and related administrative costs |
incurred in performing the duties under
Sections 405-105 and |
405-411 of the Department of Central Management Services Law of |
the Civil Administrative Code of Illinois.
|
(Source: P.A. 96-45, eff. 7-15-09; 96-959, eff. 7-1-10; 97-641, |
eff. 12-19-11; 97-895, eff. 8-3-12.)
|
Section 10. The Illinois Procurement Code is amended by |
|
changing Section 45-57 as follows:
|
(30 ILCS 500/45-57) |
Sec. 45-57. Veterans. |
(a) Set-aside goal. It is the goal of the State to promote |
and encourage the continued economic development of small |
businesses owned and controlled by qualified veterans and that |
qualified service-disabled veteran-owned small businesses |
(referred to as SDVOSB) and veteran-owned small businesses |
(referred to as VOSB) participate in the State's procurement |
process as both prime contractors and subcontractors. Not less |
than 3% of the total dollar amount of State contracts, as |
defined by the Director of Central Management Services, shall |
be established as a goal to be awarded to SDVOSB and VOSB. That
|
portion of a contract under which the contractor subcontracts
|
with a SDVOSB or VOSB may be counted toward the
goal of this |
subsection. The Department of Central Management Services |
shall adopt rules to implement compliance with this subsection |
by all State agencies. |
(b) Fiscal year reports. By each September 1, each chief |
procurement officer shall report to the Department of Central |
Management Services on all of the following for the immediately |
preceding fiscal year, and by each March 1 the Department of |
Central Management Services shall compile and report that |
information to the General Assembly: |
(1) The total number of VOSB, and the number of SDVOSB, |
|
who submitted bids for contracts under this Code. |
(2) The total number of VOSB, and the number of SDVOSB, |
who entered into contracts with the State under this Code |
and the total value of those contracts. |
(c) Yearly review and recommendations. Each year, each |
chief procurement officer shall review the progress of all |
State agencies under its jurisdiction in meeting the goal |
described in subsection (a), with input from statewide |
veterans' service organizations and from the business |
community, including businesses owned by qualified veterans, |
and shall make recommendations to be included in the Department |
of Central Management Services' report to the General Assembly |
regarding continuation, increases, or decreases of the |
percentage goal. The recommendations shall be based upon the |
number of businesses that are owned by qualified veterans and |
on the continued need to encourage and promote businesses owned |
by qualified veterans. |
(d) Governor's recommendations. To assist the State in |
reaching the goal described in subsection (a), the Governor |
shall recommend to the General Assembly changes in programs to |
assist businesses owned by qualified veterans. |
(e) Definitions. As used in this Section: |
"Armed forces of the United States" means the United States |
Army, Navy, Air Force, Marine Corps, Coast Guard, or service in |
active duty as defined under 38 U.S.C. Section 101. Service in |
the Merchant Marine that constitutes active duty under Section |
|
401 of federal Public Act 95-202 shall also be considered |
service in the armed forces for purposes of this Section. |
"Certification" means a determination made by the Illinois |
Department of Veterans' Affairs and the Department of Central |
Management Services that a business entity is a qualified |
service-disabled veteran-owned small business or a qualified |
veteran-owned small business for whatever purpose. A SDVOSB or |
VOSB owned and controlled by females, minorities, or persons |
with disabilities, as those terms are defined in Section 2 of |
the Business Enterprise for Minorities, Females, and Persons |
with Disabilities Act, may also shall select and designate |
whether that business is to be certified as a "female-owned |
business", "minority-owned business", or "business owned by a |
person with a disability", as defined in Section 2 of the |
Business Enterprise for Minorities, Females, and Persons with |
Disabilities Act, or as a qualified SDVOSB or qualified VOSB |
under this Section. |
"Control" means the exclusive, ultimate, majority, or sole |
control of the business, including but not limited to capital |
investment and all other financial matters, property, |
acquisitions, contract negotiations, legal matters, |
officer-director-employee selection and comprehensive hiring, |
operation responsibilities, cost-control matters, income and |
dividend matters, financial transactions, and rights of other |
shareholders or joint partners. Control shall be real, |
substantial, and continuing, not pro forma. Control shall |
|
include the power to direct or cause the direction of the |
management and policies of the business and to make the |
day-to-day as well as major decisions in matters of policy, |
management, and operations. Control shall be exemplified by |
possessing the requisite knowledge and expertise to run the |
particular business, and control shall not include simple |
majority or absentee ownership. |
"Qualified service-disabled veteran" means a
veteran who |
has been found to have 10% or more service-connected disability |
by the United States Department of Veterans Affairs or the |
United States Department of Defense. |
"Qualified service-disabled veteran-owned small business" |
or "SDVOSB" means a small business (i) that is at least 51% |
owned by one or more qualified service-disabled veterans living |
in Illinois or, in the case of a corporation, at least 51% of |
the stock of which is owned by one or more qualified |
service-disabled veterans living in Illinois; (ii) that has its |
home office in Illinois; and (iii) for which items (i) and (ii) |
are factually verified annually by the Department of Central |
Management Services. |
"Qualified veteran-owned small business" or "VOSB" means a |
small business (i) that is at least 51% owned by one or more |
qualified veterans living in Illinois or, in the case of a |
corporation, at least 51% of the stock of which is owned by one |
or more qualified veterans living in Illinois; (ii) that has |
its home office in Illinois; and (iii) for which items (i) and |
|
(ii) are factually verified annually by the Department of |
Central Management Services. |
"Service-connected disability" means a disability incurred |
in the line of duty in the active military, naval, or air |
service as described in 38 U.S.C. 101(16). |
"Small business" means a business that has annual gross |
sales of less than $75,000,000 as evidenced by the federal |
income tax return of the business. A firm with gross sales in |
excess of this cap may apply to the Department of Central |
Management Services for certification for a particular |
contract if the firm can demonstrate that the contract would |
have significant impact on SDVOSB or VOSB as suppliers or |
subcontractors or in employment of veterans or |
service-disabled veterans. |
"State agency" has the same meaning as in Section 2 of the |
Business Enterprise for Minorities, Females, and Persons with |
Disabilities Act. |
"Time of hostilities with a foreign country" means any |
period of time in the past, present, or future during which a |
declaration of war by the United States Congress has been or is |
in effect or during which an emergency condition has been or is |
in effect that is recognized by the issuance of a Presidential |
proclamation or a Presidential executive order and in which the |
armed forces expeditionary medal or other campaign service |
medals are awarded according to Presidential executive order. |
"Veteran" means a person who (i) has been a member of the |
|
armed forces of the United States or, while a citizen of the |
United States, was a member of the armed forces of allies of |
the United States in time of hostilities with a foreign country |
and (ii) has served under one or more of the following |
conditions: (a) the veteran served a total of at least 6 |
months; (b) the veteran served for the duration of hostilities |
regardless of the length of the engagement; (c) the veteran was |
discharged on the basis of hardship; or (d) the veteran was |
released from active duty because of a service connected |
disability and was discharged under honorable conditions. |
(f) Certification program. The Illinois Department of |
Veterans' Affairs and the Department of Central Management |
Services shall work together to devise a certification |
procedure to assure that businesses taking advantage of this |
Section are legitimately classified as qualified |
service-disabled veteran-owned small businesses or qualified |
veteran-owned small businesses.
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(g) Penalties. |
(1) Administrative penalties. The Department of |
Central Management Services shall suspend any person who |
commits a violation of Section 17-10.3 or subsection (d) of |
Section 33E-6 of the Criminal Code of 1961 or the Criminal |
Code of 2012 relating to this Section from bidding on, or |
participating as a contractor, subcontractor, or supplier |
in, any State contract or project for a period of not less |
than 3 years, and, if the person is certified as a |
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service-disabled veteran-owned small business or a |
veteran-owned small business, then the Department shall |
revoke the business's certification for a period of not |
less than 3 years. An additional or subsequent violation |
shall extend the periods of suspension and revocation for a |
period of not less than 5 years. The suspension and |
revocation shall apply to the principals of the business |
and any subsequent business formed or financed by, or |
affiliated with, those principals. |
(2) Reports of violations. Each State agency shall |
report any alleged violation of Section 17-10.3 or |
subsection (d) of Section 33E-6 of the Criminal Code of |
1961 or the Criminal Code of 2012 relating to this Section |
to the Department of Central Management Services. The |
Department of Central Management Services shall |
subsequently report all such alleged violations to the |
Attorney General, who shall determine whether to bring a |
civil action against any person for the violation. |
(3) List of suspended persons. The Department of |
Central Management Services shall monitor the status of all |
reported violations of Section 17-10.3 or subsection (d) of |
Section 33E-6 of the Criminal Code of 1961 or the Criminal |
Code of 2012 relating to this Section and shall maintain |
and make available to all State agencies a central listing |
of all persons that committed violations resulting in |
suspension. |
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(4) Use of suspended persons. During the period of a |
person's suspension under paragraph (1) of this |
subsection, a State agency shall not enter into any |
contract with that person or with any contractor using the |
services of that person as a subcontractor. |
(5) Duty to check list. Each State agency shall check |
the central listing provided by the Department of Central |
Management Services under paragraph (3) of this subsection |
to verify that a person being awarded a contract by that |
State agency, or to be used as a subcontractor or supplier |
on a contract being awarded by that State agency, is not |
under suspension pursuant to paragraph (1) of this |
subsection. |
(Source: P.A. 96-96, eff. 1-1-10; 97-260, eff. 8-5-11; 97-1150, |
eff. 1-25-13.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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