Sen. Kwame Raoul
Filed: 4/4/2014
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 122 




2    AMENDMENT NO. ______. Amend Senate Bill 122 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Business Enterprise for Minorities, 
5Females, and Persons with
Disabilities Act is amended  by 
6changing Section 2 as follows:
 
 

7    (30 ILCS 575/2)

 
  
8    (Section scheduled to be repealed on June 30, 2016)
9    Sec. 2. Definitions. 

10    (A) For the purpose of this Act, the following
terms shall 
11have the following definitions:

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

15            (a) American Indian or Alaska Native (a person 
16        having origins in any of the original peoples of North 
 
 
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1        and South America, including Central America, and who 
2        maintains tribal affiliation or community attachment).
3            (b) Asian (a person having origins in any of the 
4        original peoples of the Far East, Southeast Asia, or 
5        the Indian subcontinent, including, but not limited 
6        to, Cambodia, China, India, Japan, Korea, Malaysia, 
7        Pakistan, the Philippine Islands, Thailand, and 
8        Vietnam).
9            (c) Black or African American (a person having 
10        origins in any of the black racial groups of Africa). 
11        Terms such as "Haitian" or "Negro" can be used in 
12        addition to "Black or African American".
13            (d) Hispanic or Latino (a person of Cuban, Mexican, 
14        Puerto Rican, South or Central American, or other 
15        Spanish culture or origin, regardless of race).
16            (e) Native Hawaiian or Other Pacific Islander (a 
17        person having origins in any of the original peoples of 
18        Hawaii, Guam, Samoa, or other Pacific Islands).




19        (2) "Female" shall mean a person who is a citizen or 
20    lawful permanent
resident of the United States and who is 
21    of the female gender.

22        (2.05) "Person with a disability" means a person who is 
23    a citizen or
lawful resident of the United States and is a 
24    person qualifying as being
disabled under subdivision 
25    (2.1) of this subsection (A).

26        (2.1) "Disabled" means a severe physical or mental 
 
 
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1    disability that:

2            (a) results from:

3            amputation,

4            arthritis,

5            autism,

6            blindness,

7            burn injury,

8            cancer,

9            cerebral palsy,

10            Crohn's disease, 
11            cystic fibrosis,

12            deafness,

13            head injury,

14            heart disease,

15            hemiplegia,

16            hemophilia,

17            respiratory or pulmonary dysfunction,

18            an intellectual disability,

19            mental illness,

20            multiple sclerosis,

21            muscular dystrophy,

22            musculoskeletal disorders,

23            neurological disorders, including stroke and 
24        epilepsy,

25            paraplegia,

26            quadriplegia and other spinal cord conditions,

 
 
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1            sickle cell anemia,

2            ulcerative colitis, 
3            specific learning disabilities, or

4            end stage renal failure disease; and

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

7        Another disability or combination of disabilities may 
8    also be considered
as a severe disability for the purposes 
9    of item (a) of this
subdivision (2.1) if it is determined 
10    by an evaluation of
rehabilitation potential to
cause a 
11    comparable degree of substantial functional limitation 
12    similar to
the specific list of disabilities listed in item 
13    (a) of this
subdivision (2.1).

14        (3) "Minority owned business" means a business concern 
15    which is at least
51% owned by one or more minority 
16    persons, or in the case of a
corporation, at least 51% of 
17    the stock in which is owned by one or
more minority 
18    persons; and the management and daily business operations 
19    of
which are controlled by one or more of the minority 
20    individuals who own it.

21        (4) "Female owned business" means a business concern 
22    which is at least
51% owned by one or more females, or, in 
23    the case of a corporation, at
least 51% of the stock in 
24    which is owned by one or more females; and the
management 
25    and daily business operations of which are controlled by 
26    one or
more of the females who own it.

 
 
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1        (4.1) "Business owned by a person with a disability" 
2    means a business
concern
that is at least 51% owned by one 
3    or more persons with a disability
and the management and 
4    daily business operations of which
are controlled by one or 
5    more of the persons with disabilities who own it.  A

6    not-for-profit agency for persons with disabilities that 
7    is exempt from
taxation under Section 501 of the Internal 
8    Revenue Code of 1986 is also
considered a "business owned 
9    by a person with a disability".

10        (4.2) "Council" means the Business Enterprise Council 
11    for Minorities,
Females, and Persons with Disabilities 
12    created under Section 5 of this Act.

13        (5) "State contracts" shall mean all State contracts, 
14    funded exclusively
with State funds which are not subject 
15    to federal reimbursement, whether
competitively bid or 
16    negotiated as defined by the Secretary of the Council
and 
17    approved by the Council.

18        "State construction contracts" means all State 
19    contracts entered
into  by a State agency or State 
20    university for the repair, remodeling,
renovation or

21    construction of a building or structure, or for the 
22    construction or
maintenance of a highway defined in Article 
23    2 of the Illinois Highway
Code.

24        (6) "State agencies" shall mean all departments, 
25    officers, boards,
commissions, institutions and bodies 
26    politic and corporate of the State,
but does not include 
 
 
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1    the Board of Trustees of the University of Illinois,
the 
2    Board of Trustees of Southern Illinois University,
the 
3    Board of Trustees
of Chicago State University, the Board of 
4    Trustees of Eastern Illinois
University, the Board of 
5    Trustees of Governors State University, the Board of

6    Trustees of Illinois State University, the Board of 
7    Trustees of Northeastern
Illinois
University, the Board of 
8    Trustees of Northern Illinois University, the Board of

9    Trustees of Western Illinois University,
municipalities or 
10    other local governmental units, or other State 
11    constitutional
officers.

12        (7) "State universities" shall mean the Board of 
13    Trustees of the
University of Illinois, the Board of 
14    Trustees of Southern Illinois
University,
the Board of 
15    Trustees of Chicago State University, the Board of
Trustees 
16    of Eastern Illinois University, the Board of Trustees of 
17    Governors
State University, the Board of Trustees of 
18    Illinois State University, the Board
of Trustees of 
19    Northeastern Illinois University, the Board of Trustees of

20    Northern Illinois University, and the Board of Trustees of 
21    Western Illinois
University.

22        (8) "Certification"  means a determination made by the 
23    Council
or by one delegated authority from the Council to 
24    make certifications, or by
a State agency with statutory 
25    authority to make such a certification, that a
business 
26    entity is a business owned by a
minority, female, or person 
 
 
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1    with a disability for whatever
purpose. A business owned 
2    and controlled by females shall be certified as a "female 
3    owned business". A business owned and controlled by females 
4    who are also minorities shall be certified as both a 
5    "female owned business" and a "minority owned business".

6        (9) "Control" means the exclusive or ultimate and sole 
7    control of the
business including, but not limited to, 
8    capital investment and all other
financial matters, 
9    property, acquisitions, contract negotiations, legal

10    matters, officer-director-employee selection and 
11    comprehensive hiring,
operating responsibilities, 
12    cost-control matters, income and dividend
matters, 
13    financial transactions and rights of other shareholders or 
14    joint
partners. Control shall be real, substantial and 
15    continuing, not pro forma.
Control shall include the power 
16    to direct or cause the direction of the
management and 
17    policies of the business and to make the day-to-day as well

18    as major decisions in matters of policy, management and 
19    operations.
Control shall be exemplified by possessing the 
20    requisite knowledge and
expertise to run the particular 
21    business and control shall not include
simple majority or 
22    absentee ownership.

23        (10) "Business concern or business" means a business 
24    that has annual gross sales of less than $75,000,000 as 
25    evidenced by the federal income tax return of the business.   
26    A firm with gross sales in excess of this cap may apply to 
 
 
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1    the Council for certification for a particular contract if 
2    the firm can demonstrate that the contract would have 
3    significant impact on businesses owned by minorities, 
4    females, or persons with disabilities as suppliers or 
5    subcontractors or in employment of minorities, females, or 
6    persons with disabilities.

7    (B) (Blank) When a business concern is owned at least 51% 
8by any combination of
minority persons, females, or persons 
9with disabilities,
even though none of the 3 classes alone 
10holds at least a 51% interest, the
ownership
requirement for 
11purposes of this Act is considered to be met.  The
certification 
12category for the business is that of the class holding the

13largest ownership
interest in the business.  If 2 or more 
14classes have equal ownership interests,
the certification 
15category shall be determined by
the business concern.

16(Source: P.A. 97-227, eff. 1-1-12; 97-396, eff. 1-1-12; 97-813, 
17eff. 7-13-12; 98-95, eff. 7-17-13.)
 

18    Section 99. Effective date. This Act takes effect upon 
19becoming law.".