Full Text of SB0206 96th General Assembly
SB0206sam002 96TH GENERAL ASSEMBLY
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Sen. Michael Bond
Filed: 3/25/2009
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| AMENDMENT TO SENATE BILL 206
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| AMENDMENT NO. ______. Amend Senate Bill 206, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Procurement Code is amended by | 6 |
| adding Section 45-57 as follows: | 7 |
| (30 ILCS 500/45-57 new) | 8 |
| Sec. 45-57. Disabled veterans. | 9 |
| (a) It is the goal of the State to promote and encourage | 10 |
| the continued economic development of businesses owned and | 11 |
| controlled by qualified service disabled veterans and that | 12 |
| qualified service disabled veteran-owned businesses (referred | 13 |
| to as SDVOB) participate in the State's procurement process as | 14 |
| both prime and subcontractors. A Task Force shall be | 15 |
| established, appointed by the Directors or Secretaries of, and | 16 |
| made up of representatives of, the Illinois Department of |
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| Veterans Affairs, the Illinois Department of Transportation, | 2 |
| the Department of Central Management Services, the Business | 3 |
| Enterprise Program, and the Business Enterprise Council. The | 4 |
| purpose of this Task Force shall be to determine the | 5 |
| appropriate percentage goal for award each fiscal year
of the | 6 |
| State's total expenditures for contracts
awarded under this | 7 |
| Code to SDVOB. That
portion of a contract under which the | 8 |
| contractor subcontracts
with a SDVOB may be counted toward the
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| goal of this subsection. In making that determination the Task | 10 |
| Force shall consult with statewide veterans service | 11 |
| organizations and the business community, including businesses | 12 |
| owned by qualified disabled veterans. The Task Force shall | 13 |
| submit its report to the General Assembly concerning its | 14 |
| recommendations regarding the appropriate percentage goal for | 15 |
| award each fiscal year of the State's total expenditures for | 16 |
| contracts awarded under this Code to qualified service disabled | 17 |
| veterans no later than 90 days after the effective date of this | 18 |
| amendatory Act of the 96th General Assembly. | 19 |
| (b) Once the appropriate goal is established, then by each | 20 |
| September 1, each chief procurement officer shall report to the | 21 |
| Department of Central Management Services on all of the | 22 |
| following for the immediately preceding fiscal year, and by | 23 |
| each October 1 the Department of Central Management Services | 24 |
| shall compile and report that information to the General | 25 |
| Assembly: | 26 |
| (1) The number of SDVOB who submitted a bid for a |
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| contract under this Code. | 2 |
| (2) The number of SDVOB who entered into contracts with | 3 |
| the State under this Code and the total value of those | 4 |
| contracts. | 5 |
| (c) Each year, each chief procurement officer shall review | 6 |
| the progress of all State agencies under its jurisdiction in | 7 |
| meeting the goal described in subsection (a), with input from | 8 |
| statewide veterans' service organizations and from the | 9 |
| business community, including businesses owned by qualified | 10 |
| disabled veterans, and shall make recommendations to be | 11 |
| included in the Department of Central Management Services' | 12 |
| report to the General Assembly regarding continuation, | 13 |
| increases, or decreases of the percentage goal. The | 14 |
| recommendations shall be based upon the number of businesses | 15 |
| that are owned by qualified disabled veterans and on the | 16 |
| continued need to encourage and promote businesses owned by | 17 |
| qualified disabled veterans. | 18 |
| (d) To assist the State in reaching the goal described in | 19 |
| subsection (a), the Governor shall recommend to the General | 20 |
| Assembly changes in programs to assist businesses owned by | 21 |
| qualified disabled veterans. | 22 |
| (e) As used in this Section: | 23 |
| "Business" means a business that has average annual gross | 24 |
| sales over the 3 most recent calendar years of less than | 25 |
| $31,000,000 as evidenced by the federal income tax returns of | 26 |
| the business. |
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| "Control" means the exclusive, ultimate, majority, or sole | 2 |
| control of the business, including but not limited to capital | 3 |
| investment and all other financial matters, property, | 4 |
| acquisitions, contract negotiations, legal matters, | 5 |
| officer-director-employee selection and comprehensive hiring, | 6 |
| operation responsibilities, cost-control matters, income and | 7 |
| dividend matters, financial transactions, and rights of other | 8 |
| shareholders or joint partners. Control shall be real, | 9 |
| substantial, and continuing, not pro forma. Control shall | 10 |
| include the power to direct or cause the direction of the | 11 |
| management and policies of the business and to make the | 12 |
| day-to-day as well as major decisions in matters of policy, | 13 |
| management, and operations. Control shall be exemplified by | 14 |
| possessing the requisite knowledge and expertise to run the | 15 |
| particular business. | 16 |
| "Qualified service disabled veteran" means a
veteran who | 17 |
| has been found to have a service-connected disability by the | 18 |
| United States Department of Veterans Affairs or the United | 19 |
| States Department of Defense. | 20 |
| "Qualified disabled veteran-owned business" means a | 21 |
| business entity that is at least 51% owned by one or more | 22 |
| qualified disabled veterans, or in the case of a corporation, | 23 |
| at least 51% of the stock of which is owned by one or more | 24 |
| qualified disabled veterans; and the management and daily | 25 |
| business operations of which are controlled by one or more of | 26 |
| the qualified disabled veterans who own it. |
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| "Service-connected disability" means a disability incurred | 2 |
| in the line of duty in the active military, naval, or air | 3 |
| service as described in 38 USC 101(16). | 4 |
| "Veteran" means a person who served in the active military,
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| naval, or air service and who was discharged or released from
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| his or her service under conditions other than dishonorable. | 7 |
| (f) The Illinois Department of Veteran's Affairs and the | 8 |
| Department of Central Management Services Business Enterprise | 9 |
| Program shall work together to devise a certification procedure | 10 |
| to assure that businesses taking advantage of this Act are | 11 |
| legitimately classified as qualified service disabled | 12 |
| veteran-owned businesses. ".
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