Full Text of HB2298 101st General Assembly
HB2298ham001 101ST GENERAL ASSEMBLY | Rep. Delia C. Ramirez Filed: 3/11/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2298
| 2 | | AMENDMENT NO. ______. Amend House Bill 2298 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Business Enterprise for Minorities, Women, | 5 | | and Persons with
Disabilities Act is amended by changing | 6 | | Section 2 as follows:
| 7 | | (30 ILCS 575/2)
| 8 | | (Section scheduled to be repealed on June 30, 2020) | 9 | | Sec. 2. Definitions.
| 10 | | (A) For the purpose of this Act, the following
terms shall | 11 | | have 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) "Woman" 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 a person with a disability under | 25 | | subdivision (2.1) of this subsection (A).
| 26 | | (2.1) "Person with a disability" means a person with a |
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| 1 | | severe physical or mental 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 | | (2.5) "Minority-led not-for-profit" means an | 15 | | organization that is tax-exempt under Sections 501(c)(3) | 16 | | or 501(c)(4) of the Internal Revenue Code of 1986, and for | 17 | | which: | 18 | | (a) at least 51% of the organization's Board of | 19 | | Directors are minority persons, | 20 | | (b) the Board of Directors controls the | 21 | | organization's daily and long-term operations, | 22 | | (c) the organization is regularly and actively | 23 | | engaged in business activity, | 24 | | (d) the organization is not dependent upon or | 25 | | influenced by another non-eligible person or | 26 | | organization, and |
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| 1 | | (e) the organization has not been established or | 2 | | reorganized for the specific purpose of participating | 3 | | in the Business Enterprise Program. | 4 | | (3) "Minority-owned business" means a business which | 5 | | is at least
51% owned by one or more minority persons, or | 6 | | in the case of a
corporation, at least 51% of the stock in | 7 | | which is owned by one or
more minority persons; and the | 8 | | management and daily business operations of
which are | 9 | | controlled by one or more of the minority individuals who | 10 | | own it.
| 11 | | (3.5) "Woman-led not-for-profit" means an organization | 12 | | that is tax-exempt under Sections 501(c)(3) or 501(c)(4) of | 13 | | the Internal Revenue Code of 1986, and for which: | 14 | | (a) at least 51% of the organization's Board of | 15 | | Directors are women, | 16 | | (b) the Board of Directors controls the | 17 | | organization's daily and long-term operations, | 18 | | (c) the organization is regularly and actively | 19 | | engaged in business activity, | 20 | | (d) the organization is not dependent upon or | 21 | | influenced by another non-eligible person or | 22 | | organization, and | 23 | | (e) the organization has not been established or | 24 | | reorganized for the specific purpose of participating | 25 | | in the Business Enterprise Program. | 26 | | (4) "Women-owned business" means a business which is at |
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| 1 | | least
51% owned by one or more women, or, in the case of a | 2 | | corporation, at
least 51% of the stock in which is owned by | 3 | | one or more women; and the
management and daily business | 4 | | operations of which are controlled by one or
more of the | 5 | | women who own it.
| 6 | | (4.05) "Not-for-profit led by a person with a | 7 | | disability" means an organization that is tax-exempt under | 8 | | Sections 501(c)(3) or 501(c)(4) of the Internal Revenue | 9 | | Code of 1986, and for which: | 10 | | (a) at least 51% of the organization's Board of | 11 | | Directors are persons with a disability, | 12 | | (b) the Board of Directors controls the | 13 | | organization's daily and long-term operations, | 14 | | (c) the organization is regularly and actively | 15 | | engaged in business activity, | 16 | | (d) the organization is not dependent upon or | 17 | | influenced by another non-eligible person or | 18 | | organization, and | 19 | | (e) the organization has not been established or | 20 | | reorganized for the specific purpose of participating | 21 | | in the Business Enterprise Program. | 22 | | (4.1) "Business owned by a person with a disability" | 23 | | means a business
that is at least 51% owned by one or more | 24 | | persons with a disability
and the management and daily | 25 | | business operations of which
are controlled by one or more | 26 | | of the persons with disabilities who own it. A
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| 1 | | not-for-profit agency for persons with disabilities that | 2 | | is exempt from
taxation under Section 501 of the Internal | 3 | | Revenue Code of 1986 is also
considered a "business owned | 4 | | by a person with a disability".
| 5 | | (4.2) "Council" means the Business Enterprise Council | 6 | | for Minorities, Women, and Persons with Disabilities | 7 | | created under Section 5 of this Act.
| 8 | | (5) "State contracts" means all contracts entered into | 9 | | by the State, any agency or department thereof, or any | 10 | | public institution of higher education, including | 11 | | community college districts, regardless of the source of | 12 | | the funds with which the contracts are paid, which are not | 13 | | subject to federal reimbursement. "State contracts" does | 14 | | not include contracts awarded by a retirement system, | 15 | | pension fund, or investment board subject to Section | 16 | | 1-109.1 of the Illinois Pension Code. This definition shall | 17 | | control over any existing definition under this Act or | 18 | | applicable administrative rule.
| 19 | | (5.5) "State construction contracts" means all State | 20 | | contracts entered
into by a State agency or public | 21 | | institution of higher education for the repair, | 22 | | remodeling,
renovation or
construction of a building or | 23 | | structure, or for the construction or
maintenance of a | 24 | | highway defined in Article 2 of the Illinois Highway
Code.
| 25 | | (6) "State agencies" shall mean all departments, | 26 | | officers, boards,
commissions, institutions and bodies |
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| 1 | | politic and corporate of the State,
but does not include | 2 | | the Board of Trustees of the University of Illinois,
the | 3 | | Board of Trustees of Southern Illinois University,
the | 4 | | Board of Trustees
of Chicago State University, the Board of | 5 | | Trustees of Eastern Illinois
University, the Board of | 6 | | Trustees of Governors State University, the Board of
| 7 | | Trustees of Illinois State University, the Board of | 8 | | Trustees of Northeastern
Illinois
University, the Board of | 9 | | Trustees of Northern Illinois University, the Board of
| 10 | | Trustees of Western Illinois University,
municipalities or | 11 | | other local governmental units, or other State | 12 | | constitutional
officers.
| 13 | | (7) "Public institutions of higher education" means | 14 | | the University of Illinois, Southern Illinois University, | 15 | | Chicago State University, Eastern Illinois University, | 16 | | Governors State University, Illinois State University, | 17 | | Northeastern Illinois University, Northern Illinois | 18 | | University, Western Illinois University, the public | 19 | | community colleges of the State, and any other public | 20 | | universities, colleges, and community colleges now or | 21 | | hereafter established or authorized by the General | 22 | | Assembly.
| 23 | | (8) "Certification" means a determination made by the | 24 | | Council
or by one delegated authority from the Council to | 25 | | make certifications, or by
a State agency with statutory | 26 | | authority to make such a certification, that a
business |
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| 1 | | entity is classified as a business owned by a
minority, | 2 | | woman, or person with a disability for whatever
purpose , or | 3 | | that a not-for-profit organization meets the defined | 4 | | classifications in this Section of a "minority-led | 5 | | not-for-profit", "woman-led not-for-profit", or | 6 | | "not-for-profit led by a person with a disability" . A | 7 | | business owned and controlled by women shall be certified | 8 | | as a "woman-owned business". A business owned and | 9 | | controlled by women who are also minorities shall be | 10 | | certified as both a "women-owned business" and a | 11 | | "minority-owned business". A not-for-profit organization | 12 | | that meets 2 or more of the classifications specified under | 13 | | this paragraph (8) shall be certified as having all of the | 14 | | certifications met.
| 15 | | (9) "Control" means the exclusive or ultimate and sole | 16 | | control of the
business or not-for-profit organization | 17 | | including, but not limited to, capital investment and all | 18 | | other
financial matters, property, acquisitions, contract | 19 | | negotiations, legal
matters, officer-director-employee | 20 | | selection and comprehensive hiring,
operating | 21 | | responsibilities, cost-control matters, income and | 22 | | dividend
matters, financial transactions and rights of | 23 | | other shareholders or joint
partners. Control shall be | 24 | | real, substantial and continuing, not pro forma.
Control | 25 | | shall include the power to direct or cause the direction of | 26 | | the
management and policies of the business and to make the |
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| 1 | | day-to-day as well
as major decisions in matters of policy, | 2 | | management and operations.
Control shall be exemplified by | 3 | | possessing the requisite knowledge and
expertise to run the | 4 | | particular business and control shall not include
simple | 5 | | majority or absentee ownership.
| 6 | | (10) "Business" means a business that has annual gross | 7 | | sales of less than $75,000,000 as evidenced by the federal | 8 | | income tax return of the business. A firm with gross sales | 9 | | in excess of this cap may apply to the Council for | 10 | | certification for a particular contract if the firm can | 11 | | demonstrate that the contract would have significant | 12 | | impact on businesses owned by minorities, women, or persons | 13 | | with disabilities as suppliers or subcontractors or in | 14 | | employment of minorities, women, or persons with | 15 | | disabilities.
| 16 | | (11) "Utilization plan" means a form and additional | 17 | | documentations included in all bids or proposals that | 18 | | demonstrates a vendor's proposed utilization of vendors | 19 | | certified by the Business Enterprise Program to meet the | 20 | | targeted goal. The utilization plan shall demonstrate that | 21 | | the Vendor has either: (1) met the entire contract goal or | 22 | | (2) requested a full or partial waiver and made good faith | 23 | | efforts towards meeting the goal. | 24 | | (12) "Business Enterprise Program" means the Business | 25 | | Enterprise Program of the Department of Central Management | 26 | | Services. |
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| 1 | | (B) When a business is owned at least 51% by any | 2 | | combination of
minority persons, women, or persons with | 3 | | disabilities,
even though none of the 3 classes alone holds at | 4 | | least a 51% interest, the
ownership
requirement for purposes of | 5 | | this Act is considered to be met. When a not-for-profit | 6 | | organization's Board of Directors consists of at least 51% of | 7 | | any combination of minority persons, women, or persons with | 8 | | disabilities even though none of the 3 classes alone holds at | 9 | | least 51% share, the Board membership requirement for purposes | 10 | | of this Act is considered to be met. The
certification category | 11 | | for the business or not-for-profit organization is that of the | 12 | | class holding the
largest ownership
interest in the business , | 13 | | or the largest share of positions on the Board of Directors of | 14 | | a not-for-profit organization . If 2 or more classes have equal | 15 | | ownership interests,
the certification category shall be | 16 | | determined by
the business or not-for-profit organization .
| 17 | | (Source: P.A. 99-143, eff. 7-27-15; 99-462, eff. 8-25-15; | 18 | | 99-642, eff. 7-28-16; 100-391, eff. 8-25-17.) | 19 | | Section 10. The Public Utilities Act is amended by changing | 20 | | Section 5-117 as follows: | 21 | | (220 ILCS 5/5-117) | 22 | | Sec. 5-117. Supplier diversity goals. | 23 | | (a) The public policy of this State is to collaboratively | 24 | | work with companies and not-for-profit organizations that |
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| 1 | | serve Illinois residents to improve their supplier diversity in | 2 | | a non-antagonistic manner. | 3 | | (a-5) For the purposes of this Section, "minority-led | 4 | | not-for-profit", "woman-led not-for-profit", and | 5 | | "not-for-profit led by a person with a disability" shall have | 6 | | the same meanings as provided under the Business Enterprise for | 7 | | Minorities, Women, and Persons with Disabilities Act. | 8 | | (b) The Commission shall require all gas, electric, and | 9 | | water companies with at least 100,000 customers under its | 10 | | authority, as well as suppliers of wind energy, solar energy,
| 11 | | hydroelectricity, nuclear energy, and any other supplier of
| 12 | | energy within this State, to submit an annual report by April | 13 | | 15, 2015 and every April 15 thereafter, in a searchable Adobe | 14 | | PDF format, on all procurement goals and actual spending for | 15 | | female-owned, minority-owned, veteran-owned, person with a | 16 | | disability-owned, and small business enterprises , as well as | 17 | | minority-led not-for-profit organizations, woman-led | 18 | | not-for-profit organizations, and organizations that are | 19 | | not-for-profit led by a person with a disability in the | 20 | | previous calendar year. These goals shall be expressed as a | 21 | | percentage of the total work performed by the entity submitting | 22 | | the report, and the actual spending for all female-owned, | 23 | | minority-owned, veteran-owned, person with a disability-owned, | 24 | | and small business enterprises , as well as minority-led | 25 | | not-for-profit organizations, woman-led not-for-profit | 26 | | organizations, and organizations that are not-for-profit led |
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| 1 | | by a person with a disability, shall also be expressed as a | 2 | | percentage of the total work performed by the entity submitting | 3 | | the report. | 4 | | (c) Each participating company in its annual report shall | 5 | | include the following information: | 6 | | (1) an explanation of the plan for the next year to | 7 | | increase participation; | 8 | | (2) an explanation of the plan to increase the goals; | 9 | | (3) the areas of procurement each company shall be | 10 | | actively seeking more participation in in the next year; | 11 | | (4) an outline of the plan to alert and encourage | 12 | | potential vendors in that area to seek business from the | 13 | | company; | 14 | | (5) an explanation of the challenges faced in finding | 15 | | quality vendors and offer any suggestions for what the | 16 | | Commission could do to be helpful to identify those | 17 | | vendors; | 18 | | (6) a list of the certifications the company | 19 | | recognizes; | 20 | | (7) the point of contact for any potential vendor who | 21 | | wishes to do business with the company and explain the | 22 | | process for a vendor to enroll with the company as a | 23 | | minority-owned, women-owned, or veteran-owned , or person | 24 | | with a disability-owned company , or as a minority-led | 25 | | not-for-profit organization, woman-led not-for-profit | 26 | | organization, or as an organization that is a |
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| 1 | | not-for-profit led by a person with a disability ; and | 2 | | (8) any particular success stories to encourage other | 3 | | companies to emulate best practices. | 4 | | (d) Each annual report shall include as much State-specific | 5 | | data as possible. If the submitting entity does not submit | 6 | | State-specific data, then the company shall include any | 7 | | national data it does have and explain why it could not submit | 8 | | State-specific data and how it intends to do so in future | 9 | | reports, if possible. | 10 | | (e) Each annual report shall include the rules, | 11 | | regulations, and definitions used for the procurement goals in | 12 | | the company's annual report. | 13 | | (f) The Commission and all participating entities shall | 14 | | hold an annual workshop open to the public in 2015 and every | 15 | | year thereafter on the state of supplier diversity to | 16 | | collaboratively seek solutions to structural impediments to | 17 | | achieving stated goals, including testimony from each | 18 | | participating entity as well as subject matter experts and | 19 | | advocates. The Commission shall publish a database on its | 20 | | website of the point of contact for each participating entity | 21 | | for supplier diversity, along with a list of certifications | 22 | | each company recognizes from the information submitted in each | 23 | | annual report. The Commission shall publish each annual report | 24 | | on its website and shall maintain each annual report for at | 25 | | least 5 years.
| 26 | | (Source: P.A. 98-1056, eff. 8-26-14; 99-906, eff. 6-1-17 .)".
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