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Public Act 095-0344 |
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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 Illinois Procurement Code is amended by | ||||
changing Section 20-60 as follows:
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(30 ILCS 500/20-60)
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Sec. 20-60. Duration of contracts.
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(a) Maximum duration. A contract may be entered into for
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any period of time deemed
to be in the best interests of the | ||||
State but not
exceeding 10 years. The length of
a lease for | ||||
real property or capital improvements shall be in
accordance | ||||
with the provisions of
Section 40-25. A contract for bond or | ||||
mortgage insurance awarded by the Illinois Housing Development | ||||
Authority, however, may be entered into for any period of time | ||||
less than or equal to the maximum period of time that the | ||||
subject bond or mortgage may remain outstanding.
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(b) Subject to appropriation. All contracts made or entered
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into shall recite that they are
subject to termination and | ||||
cancellation in any year for which the
General Assembly fails | ||||
to make
an appropriation to make payments under the terms of | ||||
the contract.
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(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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Section 10. 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) (from Ch. 127, par. 132.602)
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(Section scheduled to be repealed on September 6, 2008)
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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:
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(a) African American (a person having origins in any of | ||
the
black racial groups in Africa);
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(b) Hispanic (a person of Spanish or Portuguese culture | ||
with origins in
Mexico, South or Central America, or the | ||
Caribbean Islands, regardless of
race);
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(c) Asian American (a person having origins in any of | ||
the original
peoples of the Far East, Southeast Asia, the | ||
Indian Subcontinent or the
Pacific Islands); or
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(d) Native American or Alaskan Native (a person having
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origins in any of
the original peoples of North America).
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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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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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mental retardation,
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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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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 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
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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
not-for-profit agency | ||
for persons with disabilities that is exempt from
taxation | ||
under Section 501 of the Internal Revenue Code of 1986 is also
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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
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
Trustees of Illinois State University, | ||
the Board of Trustees of Northeastern
Illinois
University, the | ||
Board of 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
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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
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.
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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
matters, | ||
officer-director-employee selection and comprehensive hiring,
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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
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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.
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(10) "Business concern or business" means a business that | ||
has average annual gross sales over the 3 most recent calendar | ||
years of less than $31,400,000 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 subcontractors or in employment of minorities, females, or | ||
persons with disabilities.
"Business concern or business" | ||
means a business which
has annual gross sales for the most | ||
recent fiscal year
of less than $27,000,000,
except that a firm | ||
with gross sales in excess
of that amount 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
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 Department of Central Management Services.
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(Source: P.A. 92-670, eff. 7-16-02 .)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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