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| Public Act 098-0095
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| SB2320 Enrolled | LRB098 06362 OMW 36404 b |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Business Enterprise for Minorities, |
Females, and Persons with
Disabilities Act is amended by |
changing Section 2 as follows:
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(30 ILCS 575/2)
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(Section scheduled to be repealed on June 30, 2016) |
Sec. 2. Definitions.
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(A) For the purpose of this Act, the following
terms shall |
have the following definitions:
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(1) "Minority person" shall mean a person who is a |
citizen or lawful
permanent resident of the United States |
and who is any of the following:
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(a) American Indian or Alaska Native (a person |
having origins in any of the original peoples of North |
and South America, including Central America, and who |
maintains tribal affiliation or community attachment). |
(b) Asian (a person having origins in any of the |
original peoples of the Far East, Southeast Asia, or |
the Indian subcontinent, including, but not limited |
to, Cambodia, China, India, Japan, Korea, Malaysia, |
Pakistan, the Philippine Islands, Thailand, and |
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Vietnam). |
(c) Black or African American (a person having |
origins in any of the black racial groups of Africa). |
Terms such as "Haitian" or "Negro" can be used in |
addition to "Black or African American". |
(d) Hispanic or Latino (a person of Cuban, Mexican, |
Puerto Rican, South or Central American, or other |
Spanish culture or origin, regardless of race). |
(e) Native Hawaiian or Other Pacific Islander (a |
person having origins in any of the original peoples of |
Hawaii, Guam, Samoa, or other Pacific Islands).
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(2) "Female" shall mean a person who is a citizen or |
lawful permanent
resident of the United States and who is |
of the female gender.
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(2.05) "Person with a disability" means a person who is |
a citizen or
lawful resident of the United States and is a |
person qualifying as being
disabled under subdivision |
(2.1) of this subsection (A).
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(2.1) "Disabled" means a severe physical or mental |
disability that:
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(a) results from:
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amputation,
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arthritis,
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autism,
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blindness,
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burn injury,
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cancer,
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cerebral palsy,
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Crohn's disease, |
cystic fibrosis,
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deafness,
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head injury,
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heart disease,
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hemiplegia,
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hemophilia,
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respiratory or pulmonary dysfunction,
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an intellectual disability,
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mental illness,
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multiple sclerosis,
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muscular dystrophy,
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musculoskeletal disorders,
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neurological disorders, including stroke and |
epilepsy,
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paraplegia,
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quadriplegia and other spinal cord conditions,
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sickle cell anemia,
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ulcerative colitis, |
specific learning disabilities, or
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end stage renal failure disease; and
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(b) substantially limits one or more of the |
person's major life activities.
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Another disability or combination of disabilities may |
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also be considered
as a severe disability for the purposes |
of item (a) of this
subdivision (2.1) if it is determined |
by an evaluation of
rehabilitation potential to
cause a |
comparable degree of substantial functional limitation |
similar to
the specific list of disabilities listed in item |
(a) of this
subdivision (2.1).
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(3) "Minority owned business" means a business concern |
which is at least
51% owned by one or more minority |
persons, or in the case of a
corporation, at least 51% of |
the stock in which is owned by one or
more minority |
persons; and the management and daily business operations |
of
which are controlled by one or more of the minority |
individuals who own it.
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(4) "Female owned business" means a business concern |
which is at least
51% owned by one or more females, or, in |
the case of a corporation, at
least 51% of the stock in |
which is owned by one or more females; and the
management |
and daily business operations of which are controlled by |
one or
more of the females who own it.
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(4.1) "Business owned by a person with a disability" |
means a business
concern
that is at least 51% owned by one |
or more persons with a disability
and the management and |
daily business operations of which
are controlled by one or |
more of the persons with disabilities who own it. A
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not-for-profit agency for persons with disabilities that |
is exempt from
taxation under Section 501 of the Internal |
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Revenue Code of 1986 is also
considered a "business owned |
by a person with a disability".
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(4.2) "Council" means the Business Enterprise Council |
for Minorities,
Females, and Persons with Disabilities |
created under Section 5 of this Act.
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(5) "State contracts" shall mean all State contracts, |
funded exclusively
with State funds which are not subject |
to federal reimbursement, whether
competitively bid or |
negotiated as defined by the Secretary of the Council
and |
approved by the Council.
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"State construction contracts" means all State |
contracts entered
into by a State agency or State |
university for the repair, remodeling,
renovation or
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construction of a building or structure, or for the |
construction or
maintenance of a highway defined in Article |
2 of the Illinois Highway
Code.
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(6) "State agencies" shall mean all departments, |
officers, boards,
commissions, institutions and bodies |
politic and corporate of the State,
but does not include |
the Board of Trustees of the University of Illinois,
the |
Board of Trustees of Southern Illinois University,
the |
Board of Trustees
of Chicago State University, the Board of |
Trustees of Eastern Illinois
University, the Board of |
Trustees of Governors State University, the Board of
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Trustees of Illinois State University, the Board of |
Trustees of Northeastern
Illinois
University, the Board of |
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Trustees of Northern Illinois University, the Board of
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Trustees of Western Illinois University,
municipalities or |
other local governmental units, or other State |
constitutional
officers.
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(7) "State universities" shall mean the Board of |
Trustees of the
University of Illinois, the Board of |
Trustees of Southern Illinois
University,
the Board of |
Trustees of Chicago State University, the Board of
Trustees |
of Eastern Illinois University, the Board of Trustees of |
Governors
State University, the Board of Trustees of |
Illinois State University, the Board
of Trustees of |
Northeastern Illinois University, the Board of Trustees of
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Northern Illinois University, and the Board of Trustees of |
Western Illinois
University.
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(8) "Certification" means a determination made by the |
Council
or by one delegated authority from the Council to |
make certifications, or by
a State agency with statutory |
authority to make such a certification, that a
business |
entity is a business owned by a
minority, female, or person |
with a disability for whatever
purpose. A business owned |
and controlled by females shall be certified as a "Female |
owned business". A business owned and controlled by females |
who are also minorities shall be certified as both a |
"Female owned business" and a "Minority owned business". |
shall select and designate whether such business is to be |
certified as a "Female-owned business" or "Minority-owned |
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business" if the females are also minorities.
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(9) "Control" means the exclusive or ultimate and sole |
control of the
business including, but not limited to, |
capital investment and all other
financial matters, |
property, acquisitions, contract negotiations, legal
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matters, officer-director-employee selection and |
comprehensive hiring,
operating 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
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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.
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(10) "Business concern or 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 Council for certification for a particular contract if |
the firm can demonstrate that the contract would have |
significant impact on businesses owned by minorities, |
females, or persons with disabilities as suppliers or |
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subcontractors or in employment of minorities, females, or |
persons with disabilities.
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(B) When a business concern is owned at least 51% by any |
combination of
minority persons, females, or persons with |
disabilities,
even though none of the 3 classes alone holds at |
least a 51% interest, the
ownership
requirement for purposes of |
this Act is considered to be met. The
certification category |
for the business is that of the class holding the
largest |
ownership
interest in the business. If 2 or more classes have |
equal ownership interests,
the certification category shall be |
determined by
the business concern.
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(Source: P.A. 96-453, eff. 8-14-09; 96-795, eff. 7-1-10 (see |
Section 5 of P.A. 96-793 for effective date of changes made by |
P.A. 96-795); 96-1000, eff. 7-2-10; 97-227, eff. 1-1-12; |
97-396, eff. 1-1-12; 97-813, eff. 7-13-12.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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