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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Business Enterprise for Minorities, | |||||||||||||||||||
5 | Females, and Persons with
Disabilities Act is amended by | |||||||||||||||||||
6 | changing Section 2 as follows:
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7 | (30 ILCS 575/2)
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8 | (Section scheduled to be repealed on June 30, 2016) | |||||||||||||||||||
9 | Sec. 2. Definitions.
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10 | (A) For the purpose of this Act, the following
terms shall | |||||||||||||||||||
11 | have the following definitions:
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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:
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15 | (a) American Indian or Alaska Native (a person | |||||||||||||||||||
16 | having origins in any of the original peoples of North | |||||||||||||||||||
17 | and South America, including Central America, and who | |||||||||||||||||||
18 | maintains tribal affiliation or community attachment). | |||||||||||||||||||
19 | (b) Asian (a person having origins in any of the | |||||||||||||||||||
20 | original peoples of the Far East, Southeast Asia, or | |||||||||||||||||||
21 | the Indian subcontinent, including, but not limited | |||||||||||||||||||
22 | to, Cambodia, China, India, Japan, Korea, Malaysia, | |||||||||||||||||||
23 | Pakistan, the Philippine Islands, Thailand, and |
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1 | Vietnam). | ||||||
2 | (c) Black or African American (a person having | ||||||
3 | origins in any of the black racial groups of Africa). | ||||||
4 | Terms such as "Haitian" or "Negro" can be used in | ||||||
5 | addition to "Black or African American". | ||||||
6 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
7 | Puerto Rican, South or Central American, or other | ||||||
8 | Spanish culture or origin, regardless of race). | ||||||
9 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
10 | person having origins in any of the original peoples of | ||||||
11 | Hawaii, Guam, Samoa, or other Pacific Islands).
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12 | (2) "Female" shall mean a person who is a citizen or | ||||||
13 | lawful permanent
resident of the United States and who is | ||||||
14 | of the female gender.
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15 | (2.05) "Person with a disability" means a person who is | ||||||
16 | a citizen or
lawful resident of the United States and is a | ||||||
17 | person qualifying as being
disabled under subdivision | ||||||
18 | (2.1) of this subsection (A).
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19 | (2.1) "Disabled" means a severe physical or mental | ||||||
20 | disability that:
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21 | (a) results from:
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22 | amputation,
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23 | arthritis,
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24 | autism,
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25 | blindness,
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26 | burn injury,
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1 | cancer,
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2 | cerebral palsy,
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3 | Crohn's disease, | ||||||
4 | cystic fibrosis,
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5 | deafness,
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6 | head injury,
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7 | heart disease,
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8 | hemiplegia,
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9 | hemophilia,
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10 | respiratory or pulmonary dysfunction,
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11 | an intellectual disability,
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12 | mental illness,
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13 | multiple sclerosis,
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14 | muscular dystrophy,
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15 | musculoskeletal disorders,
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16 | neurological disorders, including stroke and | ||||||
17 | epilepsy,
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18 | paraplegia,
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19 | quadriplegia and other spinal cord conditions,
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20 | sickle cell anemia,
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21 | ulcerative colitis, | ||||||
22 | specific learning disabilities, or
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23 | end stage renal failure disease; and
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24 | (b) substantially limits one or more of the | ||||||
25 | person's major life activities.
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26 | Another disability or combination of disabilities may |
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1 | also be considered
as a severe disability for the purposes | ||||||
2 | of item (a) of this
subdivision (2.1) if it is determined | ||||||
3 | by an evaluation of
rehabilitation potential to
cause a | ||||||
4 | comparable degree of substantial functional limitation | ||||||
5 | similar to
the specific list of disabilities listed in item | ||||||
6 | (a) of this
subdivision (2.1).
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7 | (3) "Minority owned business" means a business concern | ||||||
8 | which is at least
51% owned by one or more minority | ||||||
9 | persons, or in the case of a
corporation, at least 51% of | ||||||
10 | the stock in which is owned by one or
more minority | ||||||
11 | persons; and the management and daily business operations | ||||||
12 | of
which are controlled by one or more of the minority | ||||||
13 | individuals who own it.
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14 | (4) "Female owned business" means a business concern | ||||||
15 | which is at least
51% owned by one or more females, or, in | ||||||
16 | the case of a corporation, at
least 51% of the stock in | ||||||
17 | which is owned by one or more females; and the
management | ||||||
18 | and daily business operations of which are controlled by | ||||||
19 | one or
more of the females who own it.
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20 | (4.1) "Business owned by a person with a disability" | ||||||
21 | means a business
concern
that is at least 51% owned by one | ||||||
22 | or more persons with a disability
and the management and | ||||||
23 | daily business operations of which
are controlled by one or | ||||||
24 | more of the persons with disabilities who own it. A
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25 | not-for-profit agency for persons with disabilities that | ||||||
26 | is exempt from
taxation under Section 501 of the Internal |
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1 | Revenue Code of 1986 is also
considered a "business owned | ||||||
2 | by a person with a disability".
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3 | (4.2) "Council" means the Business Enterprise Council | ||||||
4 | for Minorities,
Females, and Persons with Disabilities | ||||||
5 | created under Section 5 of this Act.
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6 | (5) "State contracts" shall mean all State contracts, | ||||||
7 | funded exclusively
with State funds which are not subject | ||||||
8 | to federal reimbursement, whether
competitively bid or | ||||||
9 | negotiated as defined by the Secretary of the Council
and | ||||||
10 | approved by the Council.
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11 | "State construction contracts" means all State | ||||||
12 | contracts entered
into by a State agency or State | ||||||
13 | university for the repair, remodeling,
renovation or
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14 | construction of a building or structure, or for the | ||||||
15 | construction or
maintenance of a highway defined in Article | ||||||
16 | 2 of the Illinois Highway
Code.
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17 | (6) "State agencies" shall mean all departments, | ||||||
18 | officers, boards,
commissions, institutions and bodies | ||||||
19 | politic and corporate of the State,
but does not include | ||||||
20 | the Board of Trustees of the University of Illinois,
the | ||||||
21 | Board of Trustees of Southern Illinois University,
the | ||||||
22 | Board of Trustees
of Chicago State University, the Board of | ||||||
23 | Trustees of Eastern Illinois
University, the Board of | ||||||
24 | Trustees of Governors State University, the Board of
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25 | Trustees of Illinois State University, the Board of | ||||||
26 | Trustees of Northeastern
Illinois
University, the Board of |
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1 | Trustees of Northern Illinois University, the Board of
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2 | Trustees of Western Illinois University,
municipalities or | ||||||
3 | other local governmental units, or other State | ||||||
4 | constitutional
officers.
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5 | (7) "State universities" shall mean the Board of | ||||||
6 | Trustees of the
University of Illinois, the Board of | ||||||
7 | Trustees of Southern Illinois
University,
the Board of | ||||||
8 | Trustees of Chicago State University, the Board of
Trustees | ||||||
9 | of Eastern Illinois University, the Board of Trustees of | ||||||
10 | Governors
State University, the Board of Trustees of | ||||||
11 | Illinois State University, the Board
of Trustees of | ||||||
12 | Northeastern Illinois University, the Board of Trustees of
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13 | Northern Illinois University, and the Board of Trustees of | ||||||
14 | Western Illinois
University.
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15 | (8) "Certification" means a determination made by the | ||||||
16 | Council
or by one delegated authority from the Council to | ||||||
17 | make certifications, or by
a State agency with statutory | ||||||
18 | authority to make such a certification, that a
business | ||||||
19 | entity is a business owned by a
minority, female, or person | ||||||
20 | with a disability for whatever
purpose. A business owned | ||||||
21 | and controlled by females shall be certified as a "Female | ||||||
22 | owned business". A business owned and controlled by females | ||||||
23 | who are also minorities shall be certified as both a | ||||||
24 | "Female owned business" and a "Minority owned business". | ||||||
25 | shall select and designate whether such business is to be | ||||||
26 | certified as a "Female-owned business" or "Minority-owned |
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1 | business" if the females are also minorities .
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2 | (9) "Control" means the exclusive or ultimate and sole | ||||||
3 | control of the
business including, but not limited to, | ||||||
4 | capital investment and all other
financial matters, | ||||||
5 | property, acquisitions, contract negotiations, legal
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6 | matters, officer-director-employee selection and | ||||||
7 | comprehensive hiring,
operating responsibilities, | ||||||
8 | cost-control matters, income and dividend
matters, | ||||||
9 | financial transactions and rights of other shareholders or | ||||||
10 | joint
partners. Control shall be real, substantial and | ||||||
11 | continuing, not pro forma.
Control shall include the power | ||||||
12 | to direct or cause the direction of the
management and | ||||||
13 | policies of the business and to make the day-to-day as well
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14 | as major decisions in matters of policy, management and | ||||||
15 | operations.
Control shall be exemplified by possessing the | ||||||
16 | requisite knowledge and
expertise to run the particular | ||||||
17 | business and control shall not include
simple majority or | ||||||
18 | absentee ownership.
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19 | (10) "Business concern or business" means a business | ||||||
20 | that has annual gross sales of less than $75,000,000 as | ||||||
21 | evidenced by the federal income tax return of the business. | ||||||
22 | A firm with gross sales in excess of this cap may apply to | ||||||
23 | the Council for certification for a particular contract if | ||||||
24 | the firm can demonstrate that the contract would have | ||||||
25 | significant impact on businesses owned by minorities, | ||||||
26 | females, or persons with disabilities as suppliers or |
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1 | subcontractors or in employment of minorities, females, or | ||||||
2 | persons with disabilities.
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3 | (B) When a business concern is owned at least 51% by any | ||||||
4 | combination of
minority persons, females, or persons with | ||||||
5 | disabilities,
even though none of the 3 classes alone holds at | ||||||
6 | least a 51% interest, the
ownership
requirement for purposes of | ||||||
7 | this Act is considered to be met. The
certification category | ||||||
8 | for the business is that of the class holding the
largest | ||||||
9 | ownership
interest in the business. If 2 or more classes have | ||||||
10 | equal ownership interests,
the certification category shall be | ||||||
11 | determined by
the business concern.
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12 | (Source: P.A. 96-453, eff. 8-14-09; 96-795, eff. 7-1-10 (see | ||||||
13 | Section 5 of P.A. 96-793 for effective date of changes made by | ||||||
14 | P.A. 96-795); 96-1000, eff. 7-2-10; 97-227, eff. 1-1-12; | ||||||
15 | 97-396, eff. 1-1-12; 97-813, eff. 7-13-12.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
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