Public Act 098-0095
 
SB2320 EnrolledLRB098 06362 OMW 36404 b


  
    AN ACT concerning finance.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Business Enterprise for Minorities, 
Females, and Persons with
Disabilities Act is amended  by 
changing Section 2 as follows:
 
 

    (30 ILCS 575/2)

 
  
    (Section scheduled to be repealed on June 30, 2016)
    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  any of the following:

            (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 
        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).




        (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,

            Crohn's disease, 
            cystic fibrosis,

            deafness,

            head injury,

            heart disease,

            hemiplegia,

            hemophilia,

            respiratory or pulmonary dysfunction,

            an intellectual disability,

            mental illness,

            multiple sclerosis,

            muscular dystrophy,

            musculoskeletal disorders,

            neurological disorders, including stroke and 
        epilepsy,

            paraplegia,

            quadriplegia and other spinal cord conditions,

            sickle cell anemia,

            ulcerative colitis, 
            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. 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 
    business" if the females are also minorities.

        (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 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 
    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 business concern.

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