Full Text of SB0636 98th General Assembly
SB0636ham007 98TH GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 12/3/2014
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| 1 | | AMENDMENT TO SENATE BILL 636
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 636, AS AMENDED, | 3 | | with reference to page and line numbers of House Amendment No. | 4 | | 6, as follows:
| 5 | | on page 44, immediately below line 23, by inserting the | 6 | | following: | 7 | | "Section 27. The Business Enterprise for Minorities, | 8 | | Females, and Persons with
Disabilities Act is amended by | 9 | | changing Section 2 as follows:
| 10 | | (30 ILCS 575/2)
| 11 | | (Section scheduled to be repealed on June 30, 2016) | 12 | | Sec. 2. Definitions.
| 13 | | (A) For the purpose of this Act, the following
terms shall | 14 | | have the following definitions:
| 15 | | (1) "Minority person" shall mean a person who is a |
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| 1 | | citizen or lawful
permanent resident of the United States | 2 | | and who is any of the following:
| 3 | | (a) American Indian or Alaska Native (a person | 4 | | having origins in any of the original peoples of North | 5 | | and South America, including Central America, and who | 6 | | maintains tribal affiliation or community attachment). | 7 | | (b) Asian (a person having origins in any of the | 8 | | original peoples of the Far East, Southeast Asia, or | 9 | | the Indian subcontinent, including, but not limited | 10 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 11 | | Pakistan, the Philippine Islands, Thailand, and | 12 | | Vietnam). | 13 | | (c) Black or African American (a person having | 14 | | origins in any of the black racial groups of Africa). | 15 | | Terms such as "Haitian" or "Negro" can be used in | 16 | | addition to "Black or African American". | 17 | | (d) Hispanic or Latino (a person of Cuban, Mexican, | 18 | | Puerto Rican, South or Central American, or other | 19 | | Spanish culture or origin, regardless of race). | 20 | | (e) Native Hawaiian or Other Pacific Islander (a | 21 | | person having origins in any of the original peoples of | 22 | | Hawaii, Guam, Samoa, or other Pacific Islands).
| 23 | | (2) "Female" shall mean a person who is a citizen or | 24 | | lawful permanent
resident of the United States and who is | 25 | | of the female gender.
| 26 | | (2.05) "Person with a disability" means a person who is |
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| 1 | | a citizen or
lawful resident of the United States and is a | 2 | | person qualifying as being
disabled under subdivision | 3 | | (2.1) of this subsection (A).
| 4 | | (2.1) "Disabled" means a severe physical or mental | 5 | | disability that:
| 6 | | (a) results from:
| 7 | | amputation,
| 8 | | arthritis,
| 9 | | autism,
| 10 | | blindness,
| 11 | | burn injury,
| 12 | | cancer,
| 13 | | cerebral palsy,
| 14 | | Crohn's disease, | 15 | | cystic fibrosis,
| 16 | | deafness,
| 17 | | head injury,
| 18 | | heart disease,
| 19 | | hemiplegia,
| 20 | | hemophilia,
| 21 | | respiratory or pulmonary dysfunction,
| 22 | | an intellectual disability,
| 23 | | mental illness,
| 24 | | multiple sclerosis,
| 25 | | muscular dystrophy,
| 26 | | musculoskeletal disorders,
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| 1 | | neurological disorders, including stroke and | 2 | | epilepsy,
| 3 | | paraplegia,
| 4 | | quadriplegia and other spinal cord conditions,
| 5 | | sickle cell anemia,
| 6 | | ulcerative colitis, | 7 | | specific learning disabilities, or
| 8 | | end stage renal failure disease; and
| 9 | | (b) substantially limits one or more of the | 10 | | person's major life activities.
| 11 | | Another disability or combination of disabilities may | 12 | | also be considered
as a severe disability for the purposes | 13 | | of item (a) of this
subdivision (2.1) if it is determined | 14 | | by an evaluation of
rehabilitation potential to
cause a | 15 | | comparable degree of substantial functional limitation | 16 | | similar to
the specific list of disabilities listed in item | 17 | | (a) of this
subdivision (2.1).
| 18 | | (3) "Minority owned business" means a business concern | 19 | | which is at least
51% owned by one or more minority | 20 | | persons, or in the case of a
corporation, at least 51% of | 21 | | the stock in which is owned by one or
more minority | 22 | | persons; and the management and daily business operations | 23 | | of
which are controlled by one or more of the minority | 24 | | individuals who own it.
| 25 | | (4) "Female owned business" means a business concern | 26 | | which is at least
51% owned by one or more females, or, in |
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| 1 | | the case of a corporation, at
least 51% of the stock in | 2 | | which is owned by one or more females; and the
management | 3 | | and daily business operations of which are controlled by | 4 | | one or
more of the females who own it.
| 5 | | (4.1) "Business owned by a person with a disability" | 6 | | means a business
concern
that is at least 51% owned by one | 7 | | or more persons with a disability
and the management and | 8 | | daily business operations of which
are controlled by one or | 9 | | more of the persons with disabilities who own it. A
| 10 | | not-for-profit agency for persons with disabilities that | 11 | | is exempt from
taxation under Section 501 of the Internal | 12 | | Revenue Code of 1986 is also
considered a "business owned | 13 | | by a person with a disability".
| 14 | | (4.2) "Council" means the Business Enterprise Council | 15 | | for Minorities,
Females, and Persons with Disabilities | 16 | | created under Section 5 of this Act.
| 17 | | (5) "State contracts" shall mean all State contracts, | 18 | | funded exclusively
with State funds which are not subject | 19 | | to federal reimbursement, whether
competitively bid or | 20 | | negotiated as defined by the Secretary of the Council
and | 21 | | approved by the Council.
| 22 | | "State construction contracts" means all State | 23 | | contracts entered
into by a State agency or State | 24 | | university for the repair, remodeling,
renovation or
| 25 | | construction of a building or structure, or for the | 26 | | construction or
maintenance of a highway defined in Article |
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| 1 | | 2 of the Illinois Highway
Code.
| 2 | | (6) "State agencies" shall mean all departments, | 3 | | officers, boards,
commissions, institutions and bodies | 4 | | politic and corporate of the State,
but does not include | 5 | | the Board of Trustees of the University of Illinois,
the | 6 | | Board of Trustees of Southern Illinois University,
the | 7 | | Board of Trustees
of Chicago State University, the Board of | 8 | | Trustees of Eastern Illinois
University, the Board of | 9 | | Trustees of Governors State University, the Board of
| 10 | | Trustees of Illinois State University, the Board of | 11 | | Trustees of Northeastern
Illinois
University, the Board of | 12 | | Trustees of Northern Illinois University, the Board of
| 13 | | Trustees of Western Illinois University,
municipalities or | 14 | | other local governmental units, or other State | 15 | | constitutional
officers. "State agencies" shall include | 16 | | the Illinois Health Benefits Exchange.
| 17 | | (7) "State universities" shall mean the Board of | 18 | | Trustees of the
University of Illinois, the Board of | 19 | | Trustees of Southern Illinois
University,
the Board of | 20 | | Trustees of Chicago State University, the Board of
Trustees | 21 | | of Eastern Illinois University, the Board of Trustees of | 22 | | Governors
State University, the Board of Trustees of | 23 | | Illinois State University, the Board
of Trustees of | 24 | | Northeastern Illinois University, the Board of Trustees of
| 25 | | Northern Illinois University, and the Board of Trustees of | 26 | | Western Illinois
University.
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| 1 | | (8) "Certification" means a determination made by the | 2 | | Council
or by one delegated authority from the Council to | 3 | | make certifications, or by
a State agency with statutory | 4 | | authority to make such a certification, that a
business | 5 | | entity is a business owned by a
minority, female, or person | 6 | | with a disability for whatever
purpose. A business owned | 7 | | and controlled by females shall be certified as a "female | 8 | | owned business". A business owned and controlled by females | 9 | | who are also minorities shall be certified as both a | 10 | | "female owned business" and a "minority owned business".
| 11 | | (9) "Control" means the exclusive or ultimate and sole | 12 | | control of the
business including, but not limited to, | 13 | | capital investment and all other
financial matters, | 14 | | property, acquisitions, contract negotiations, legal
| 15 | | matters, officer-director-employee selection and | 16 | | comprehensive hiring,
operating responsibilities, | 17 | | cost-control matters, income and dividend
matters, | 18 | | financial transactions and rights of other shareholders or | 19 | | joint
partners. Control shall be real, substantial and | 20 | | continuing, not pro forma.
Control shall include the power | 21 | | to direct or cause the direction of the
management and | 22 | | policies of the business and to make the day-to-day as well
| 23 | | as major decisions in matters of policy, management and | 24 | | operations.
Control shall be exemplified by possessing the | 25 | | requisite knowledge and
expertise to run the particular | 26 | | business and control shall not include
simple majority or |
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| 1 | | absentee ownership.
| 2 | | (10) "Business concern or business" means a business | 3 | | that has annual gross sales of less than $75,000,000 as | 4 | | evidenced by the federal income tax return of the business. | 5 | | A firm with gross sales in excess of this cap may apply to | 6 | | the Council for certification for a particular contract if | 7 | | the firm can demonstrate that the contract would have | 8 | | significant impact on businesses owned by minorities, | 9 | | females, or persons with disabilities as suppliers or | 10 | | subcontractors or in employment of minorities, females, or | 11 | | persons with disabilities.
| 12 | | (B) When a business concern is owned at least 51% by any | 13 | | combination of
minority persons, females, or persons with | 14 | | disabilities,
even though none of the 3 classes alone holds at | 15 | | least a 51% interest, the
ownership
requirement for purposes of | 16 | | this Act is considered to be met. The
certification category | 17 | | for the business is that of the class holding the
largest | 18 | | ownership
interest in the business. If 2 or more classes have | 19 | | equal ownership interests,
the certification category shall be | 20 | | determined by
the business concern.
| 21 | | (Source: P.A. 97-227, eff. 1-1-12; 97-396, eff. 1-1-12; 97-813, | 22 | | eff. 7-13-12; 98-95, eff. 7-17-13.)".
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