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Public Act 096-0096
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| SB0206 Enrolled |
LRB096 04757 JAM 14821 b |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Procurement Code is amended by |
adding Section 45-57 as follows:
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(30 ILCS 500/45-57 new) |
Sec. 45-57. Disabled veterans. |
(a) It is the goal of the State to promote and encourage |
the continued economic development of businesses owned and |
controlled by qualified service disabled veterans and that |
qualified service disabled veteran-owned businesses (referred |
to as SDVOB) participate in the State's procurement process as |
both prime and subcontractors. A Task Force shall be |
established, appointed by the Directors or Secretaries of, and |
made up of representatives of, the Illinois Department of |
Veterans' Affairs, the Illinois Department of Transportation, |
the Department of Central Management Services, the Business |
Enterprise Program, and the Business Enterprise Council. The |
Department of Central Management Services shall provide |
administrative support to the Task Force. The purpose of this |
Task Force shall be to determine the appropriate percentage |
goal for award each fiscal year
of the State's total |
expenditures for contracts
awarded under this Code to SDVOB. |
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That
portion of a contract under which the contractor |
subcontracts
with a SDVOB may be counted toward the
goal of |
this subsection. In making that determination the Task Force |
shall consult with statewide veterans' service organizations |
and the business community, including businesses owned by |
qualified disabled veterans. The Task Force shall submit its |
report to the General Assembly concerning its recommendations |
regarding the appropriate percentage goal for award each fiscal |
year of the State's total expenditures for contracts awarded |
under this Code to qualified service disabled veterans no later |
than 90 days after the effective date of this amendatory Act of |
the 96th General Assembly. |
(b) Once the appropriate goal is established, then by each |
September 1, each chief procurement officer shall report to the |
Department of Central Management Services on all of the |
following for the immediately preceding fiscal year, and by |
each October 1 the Department of Central Management Services |
shall compile and report that information to the General |
Assembly: |
(1) The number of SDVOB who submitted a bid for a |
contract under this Code. |
(2) The number of SDVOB who entered into contracts with |
the State under this Code and the total value of those |
contracts. |
(c) Each year, each chief procurement officer shall review |
the progress of all State agencies under its jurisdiction in |
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meeting the goal described in subsection (a), with input from |
statewide veterans' service organizations and from the |
business community, including businesses owned by qualified |
disabled veterans, and shall make recommendations to be |
included in the Department of Central Management Services' |
report to the General Assembly regarding continuation, |
increases, or decreases of the percentage goal. The |
recommendations shall be based upon the number of businesses |
that are owned by qualified disabled veterans and on the |
continued need to encourage and promote businesses owned by |
qualified disabled veterans. |
(d) To assist the State in reaching the goal described in |
subsection (a), the Governor shall recommend to the General |
Assembly changes in programs to assist businesses owned by |
qualified disabled veterans. |
(e) As used in this Section: |
"Business" means a business that has average annual gross |
sales over the 3 most recent calendar years of less than |
$31,000,000 as evidenced by the federal income tax returns of |
the business. |
"Control" means the exclusive, ultimate, majority, or sole |
control of the business, including but not limited to capital |
investment and all other financial matters, property, |
acquisitions, contract negotiations, legal matters, |
officer-director-employee selection and comprehensive hiring, |
operation responsibilities, cost-control matters, income and |
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dividend matters, financial transactions, and rights of other |
shareholders or joint partners. Control shall be real, |
substantial, and continuing, not pro forma. Control shall |
include the power to direct or cause the direction of the |
management and policies of the business and to make the |
day-to-day as well as major decisions in matters of policy, |
management, and operations. Control shall be exemplified by |
possessing the requisite knowledge and expertise to run the |
particular business. |
"Qualified service disabled veteran" means a
veteran who |
has been found to have a service-connected disability by the |
United States Department of Veterans Affairs or the United |
States Department of Defense. |
"Qualified disabled veteran-owned business" means a |
business entity that is at least 51% owned by one or more |
qualified disabled veterans, or in the case of a corporation, |
at least 51% of the stock of which is owned by one or more |
qualified disabled veterans; and the management and daily |
business operations of which are controlled by one or more of |
the qualified disabled veterans who own it. |
"Service-connected disability" means a disability incurred |
in the line of duty in the active military, naval, or air |
service as described in 38 U.S.C. 101(16). |
"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. |