Full Text of SB0206 96th General Assembly
SB0206sam001 96TH GENERAL ASSEMBLY
|
Sen. Michael Bond
Filed: 3/6/2009
|
|
09600SB0206sam001 |
|
LRB096 04757 JAM 23010 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 206
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 206 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Procurement Code is amended by | 5 |
| adding Section 45-57 as follows: | 6 |
| (30 ILCS 500/45-57 new) | 7 |
| Sec. 45-57. Disabled veterans. | 8 |
| (a) It is the goal of the State to promote and encourage | 9 |
| the continued economic development of businesses owned and | 10 |
| controlled by qualified disabled veterans and that businesses | 11 |
| owned by qualified disabled veterans participate in the State's | 12 |
| procurement process as both prime and subcontractors. A Task | 13 |
| Force shall be established, appointed by the Directors or | 14 |
| Secretaries of, and made up of representatives of, the Illinois | 15 |
| Department of Veterans Affairs, the Illinois Department of | 16 |
| Transportation, the Department of Central Management Services, |
|
|
|
09600SB0206sam001 |
- 2 - |
LRB096 04757 JAM 23010 a |
|
| 1 |
| the Business Enterprise Program, and the Business Enterprise | 2 |
| Council. The purpose of this Task Force shall be to determine | 3 |
| the appropriate percentage goal for award each fiscal year
of | 4 |
| the State's total expenditures for contracts
awarded under this | 5 |
| Code to qualified disabled veterans. That
portion of a contract | 6 |
| under which the contractor subcontracts
with a qualified | 7 |
| disabled veteran may be counted toward the
goal of this | 8 |
| subsection. In making that determination the Task Force shall | 9 |
| consult with statewide veterans service organizations and the | 10 |
| business community, including businesses owned by qualified | 11 |
| disabled veterans. | 12 |
| (b) Once the appropriate goal is established, then by each | 13 |
| September 1, each chief procurement officer shall report to the | 14 |
| Department of Central Management Services on all of the | 15 |
| following for the immediately preceding fiscal year, and by | 16 |
| each October 1 the Department of Central Management Services | 17 |
| shall compile and report that information to the General | 18 |
| Assembly: | 19 |
| (1) The number of qualified disabled veterans who | 20 |
| submitted a bid for a contract under this Code. | 21 |
| (2) The number of qualified disabled veterans who | 22 |
| entered into contracts with the State under this Code and | 23 |
| the total value of those contracts. | 24 |
| (3) Whether the State achieved the goal described in | 25 |
| subsection (a). | 26 |
| (4) The recommendations described in subsection (c). |
|
|
|
09600SB0206sam001 |
- 3 - |
LRB096 04757 JAM 23010 a |
|
| 1 |
| (c) Each year, each chief procurement officer shall review | 2 |
| the progress of all State agencies under its jurisdiction in | 3 |
| meeting the goal described in subsection (a), with input from | 4 |
| statewide veterans' service organizations and from the | 5 |
| business community, including businesses owned by qualified | 6 |
| disabled veterans, and shall make recommendations to be | 7 |
| included in the Department of Central Management Services' | 8 |
| report to the General Assembly regarding continuation, | 9 |
| increases, or decreases of the percentage goal. The | 10 |
| recommendations shall be based upon the number of businesses | 11 |
| that are owned by qualified disabled veterans and on the | 12 |
| continued need to encourage and promote businesses owned by | 13 |
| qualified disabled veterans. | 14 |
| (d) To assist the State in reaching the goal described in | 15 |
| subsection (a), the Governor shall recommend to the General | 16 |
| Assembly changes in programs to assist businesses owned by | 17 |
| qualified disabled veterans. | 18 |
| (e) As used in this Section: | 19 |
| "Business" means a business that has average annual gross | 20 |
| sales over the 3 most recent calendar years of less than | 21 |
| $31,000,000 as evidenced by the federal income tax return of | 22 |
| the business. | 23 |
| "Control" means the exclusive or ultimate and sole control | 24 |
| of the business, including but not limited to capital | 25 |
| investment and all other financial matters, property, | 26 |
| acquisitions, contract negotiations, legal matters, |
|
|
|
09600SB0206sam001 |
- 4 - |
LRB096 04757 JAM 23010 a |
|
| 1 |
| officer-director-employee selection and comprehensive hiring, | 2 |
| operation responsibilities, cost-control matters, income and | 3 |
| dividend matters, financial transactions, and rights of other | 4 |
| shareholders or joint partners. Control shall be real, | 5 |
| substantial, and continuing, not pro forma. Control shall | 6 |
| include the power to direct or cause the direction of the | 7 |
| management and policies of the business and to make the | 8 |
| day-to-day as well as major decisions in matters of policy, | 9 |
| management, and operations. Control shall be exemplified by | 10 |
| possessing the requisite knowledge and expertise to run the | 11 |
| particular business, and control shall not include simple | 12 |
| majority or absentee ownership. | 13 |
| "Qualified disabled veteran" means a
veteran who has been | 14 |
| found to have a service-connected disability by the United | 15 |
| States Department of Veterans Affairs or the United States | 16 |
| Department of Defense. | 17 |
| "Qualified disabled veteran-owned business" means a | 18 |
| business entity that is at least 51% owned by one or more | 19 |
| qualified disabled veterans, or in the case of a corporation, | 20 |
| at least 51% of the stock of which is owned by one or more | 21 |
| qualified disabled veterans; and the management and daily | 22 |
| business operations of which are controlled by one or more of | 23 |
| the qualified disabled veterans who own it. | 24 |
| "Service-connected disability" means a disability incurred | 25 |
| or aggravated in the line of duty in the active military, | 26 |
| naval, or air service as described in 38 USC 101(16). |
|
|
|
09600SB0206sam001 |
- 5 - |
LRB096 04757 JAM 23010 a |
|
| 1 |
| "Veteran" means a person who served pursuant to an | 2 |
| enlistment in the active military,
naval, or air service and | 3 |
| who was discharged or released from
his or her service under | 4 |
| conditions other than dishonorable. | 5 |
| (f) The Illinois Department of Veteran's Affairs and the | 6 |
| Department of Central Management Services Business Enterprise | 7 |
| Program shall work together to devise a certification procedure | 8 |
| to assure that businesses taking advantage of this Act are | 9 |
| legitimately classified as qualified disabled-veteran owned | 10 |
| businesses. ".
|
|