Public Act 095-0344
 		





SB0336 Enrolled
LRB095 09508 JAM 29707 b






    AN ACT concerning finance.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Illinois Procurement Code is amended  by 
changing Section 20-60 as follows:
 



    (30 ILCS 500/20-60)



    Sec. 20-60. Duration of contracts. 

    (a) Maximum duration.   A contract may be entered into for

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.


    (b) Subject to appropriation.  All contracts made or entered

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.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

 
    Section 10. The Business Enterprise for Minorities, 
Females, and Persons with
Disabilities Act is amended  by 
changing Section 2 as follows:
 



    (30 ILCS 575/2)  (from Ch. 127, par. 132.602)



    (Section scheduled to be repealed on September 6, 2008)

    Sec. 2. Definitions. 

    (A) For the purpose of this Act, the following
terms shall 
have the following definitions:

    (1) "Minority person" shall mean a person who is a citizen 
or lawful
permanent resident of the United States and who is:


        (a) African American (a person having origins in any of 
    the
black racial groups in Africa);


        (b) Hispanic (a person of Spanish or Portuguese culture 
    with origins in
Mexico, South or Central America, or the 
    Caribbean Islands, regardless of
race);


        (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


        (d) Native American or Alaskan Native (a person having

    origins in any of
the original peoples of North America).

    (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.

    (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).

    (2.1) "Disabled" means a severe physical or mental 
disability that:

    (a) results from:

    amputation,

    arthritis,

    autism,

    blindness,

    burn injury,

    cancer,

    cerebral palsy,

    cystic fibrosis,

    deafness,

    head injury,

    heart disease,

    hemiplegia,

    hemophilia,

    respiratory or pulmonary dysfunction,

    mental retardation,

    mental illness,

    multiple sclerosis,

    muscular dystrophy,

    musculoskeletal disorders,

    neurological disorders, including stroke and epilepsy,

    paraplegia,

    quadriplegia and other spinal cord conditions,

    sickle cell anemia,

    specific learning disabilities, or

    end stage renal failure disease; and

    (b) substantially limits one or more of the person's major 
life activities.

    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

subdivision (2.1).

    (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.

    (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.

    (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

considered a "business owned by a person with a disability".

    (4.2) "Council" means the Business Enterprise Council for 
Minorities,
Females, and Persons with Disabilities created 
under Section 5 of this Act.

    (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.

    "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.

    (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

Trustees of Western Illinois University,
municipalities or 
other local governmental units, or other State constitutional

officers.

    (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.

    (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.

    (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,

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
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.

    (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.

    (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.

(Source: P.A. 92-670, eff. 7-16-02.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.