Public Act 098-0307
 
HB2408 EnrolledLRB098 06361 OMW 36403 b


  
    AN ACT concerning finance.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  






 
 
    Section 5. The State Finance Act is amended by changing 
Section 6z-64 as follows:
 
    (30 ILCS 105/6z-64)
    Sec. 6z-64. The Workers' Compensation Revolving Fund.
    (a) The Workers' Compensation Revolving Fund is created as 
a revolving fund, not subject to fiscal year limitations, in 
the State treasury. The following moneys shall be deposited 
into the Fund:
        (1) amounts authorized for transfer to the Fund from 
    the General Revenue Fund and other State funds (except for 
    funds classified by the Comptroller as federal trust funds 
    or State trust funds) pursuant to State law or Executive 
    Order;
        (2) federal funds received by the Department of Central 
    Management Services (the "Department") as a result of 
    expenditures from the Fund;
        (3) interest earned on moneys in the Fund;
        (4) receipts or inter-fund transfers resulting from 
    billings issued to State agencies and universities for the 
    cost of workers' compensation services that are not 
    compensated through the specific fund transfers  authorized 
    by this Section, if any;
        (5) amounts received from a State agency or university 
    for workers' compensation payments for temporary total 
    disability, as provided in Section 405-105 of the 
    Department of Central Management Services Law of the Civil 
    Administrative Code of Illinois; and
        (6) amounts recovered through subrogation in workers' 
    compensation and workers' occupational disease cases.
    (b)   Moneys in the Fund may be used by the Department  for 
reimbursement or payment for:
        (1) providing workers' compensation services to  State 
    agencies and State universities; or
        (2) providing for payment of administrative and other 
    expenses (and, beginning January 1, 2013, fees and charges 
    made pursuant to a contract with a private vendor) incurred 
    in providing workers' compensation services. The 
    Department, or any successor agency designated to enter 
    into contracts with one or more private vendors for the 
    administration of the workers' compensation program for 
    State employees pursuant to subsection 10b of Section 
    405-105 of the Department of Central Management Services 
    Law of the Civil Administrative Code of Illinois, is 
    authorized to establish one or more special funds, as 
    separate accounts provided by any bank or banks as defined 
    by the Illinois Banking Act, any savings and loan 
    association or associations as defined by the Illinois 
    Savings and Loan Act of 1985, or any credit union as 
    defined by the Illinois Credit Union Act, to be held by the 
    Director outside of the State treasury, for the purpose of 
    receiving the transfer of moneys from the Workers' 
    Compensation Revolving Fund. The Department may promulgate 
    rules further defining the methodology for the transfers. 
    Any interest earned by moneys in the funds or accounts 
    shall be deposited into the Workers' Compensation 
    Revolving Fund. The transferred moneys, and interest 
    accrued thereon, shall be used exclusively for transfers to 
    contracted private vendors or their financial institutions 
    for payments to workers' compensation claimants and 
    providers for workers' compensation services, claims, and 
    benefits pursuant to this Section and subsection 9 of 
    Section 405-105 of the Department of Central Management 
    Services Law of the Civil Administrative Code of Illinois. 
    The transferred moneys, and interest accrued thereon, 
    shall not be used for any other purpose including, but not 
    limited to, reimbursement or payment of administrative 
    fees due the contracted vendor pursuant to its contract or 
    contracts with the Department. 
    (c) State agencies may direct the Comptroller to process 
inter-fund

transfers or make payment through the voucher and 
warrant process to the Workers' Compensation Revolving Fund in 
satisfaction  of billings issued under subsection (a) of this 
Section.
    (d) Reconciliation. For the fiscal year beginning on July 
1, 2004 only, the Director of Central Management Services (the 
"Director") shall order that each State agency's payments and 
transfers made to the Fund be reconciled with actual Fund costs 
for workers' compensation services provided by the Department 
and attributable to the State agency and relevant fund on no 
less than an annual basis.  The Director may require reports 
from State agencies as deemed necessary to perform this 
reconciliation.
    (d-5) Notwithstanding any other provision of State law to 
the contrary, on or after July 1, 2005 and until June 30, 2006, 
in addition to any other transfers that may be provided for by 
law, at the direction of and upon notification of the Director 
of Central Management Services, the State Comptroller shall 
direct and the State Treasurer shall transfer amounts into the 
Workers' Compensation Revolving Fund from the designated funds 
not exceeding the following totals:
    Mental Health Fund............................$17,694,000
    Statistical Services Revolving Fund............$1,252,600
    Department of Corrections Reimbursement
        and Education Fund.........................$1,198,600
    Communications Revolving Fund....................$535,400
    Child Support Administrative Fund................$441,900
    Health Insurance Reserve Fund....................$238,900
    Fire Prevention Fund.............................$234,100
    Park and Conservation Fund.......................$142,000
    Motor Fuel Tax Fund..............................$132,800
    Illinois Workers' Compensation
        Commission Operations Fund...................$123,900
    State Boating Act Fund...........................$112,300
    Public Utility Fund..............................$106,500
    State Lottery Fund...............................$101,300
    Traffic and Criminal Conviction
        Surcharge Fund................................$88,500
    State Surplus Property Revolving Fund.............$82,700
    Natural Areas Acquisition Fund....................$65,600
    Securities Audit and Enforcement Fund.............$65,200
    Agricultural Premium Fund.........................$63,400
    Capital Development Fund..........................$57,500
    State Gaming Fund.................................$54,300
    Underground Storage Tank Fund.....................$53,700
    Illinois State Medical Disciplinary Fund..........$53,000
    Personal Property Tax Replacement Fund............$53,000
    General Professions Dedicated Fund...............$51,900

    Total                                        $23,003,100

    (d-10) Notwithstanding any other provision of State law to 
the contrary and in addition to any other transfers that may be 
provided for by law, on the first day of each calendar quarter 
of the fiscal year beginning July 1, 2005, or as soon as may be 
practical thereafter, the State Comptroller shall direct and 
the State Treasurer shall transfer from each designated fund 
into the Workers' Compensation Revolving Fund amounts equal to 
one-fourth of each of the following totals:
    General Revenue Fund......................... $34,000,000
    Road Fund.................................... $25,987,000
    Total                                        $59,987,000

    (d-12) Notwithstanding any other provision of State law to 
the contrary and in addition to any other transfers that may be 
provided for by law, on the effective date of this amendatory 
Act of the 94th General Assembly, or as soon as may be 
practical thereafter, the State Comptroller shall direct and 
the State Treasurer shall transfer from each designated fund 
into the Workers' Compensation Revolving Fund the following 
amounts:
    General Revenue Fund..........................$10,000,000
    Road Fund......................................$5,000,000
    Total                                        $15,000,000

    (d-15) Notwithstanding any other provision of State law to 
the contrary and in addition to any other transfers that may be 
provided for by law, on July 1, 2006, or as soon as may be 
practical thereafter, the State Comptroller shall direct and 
the State Treasurer shall transfer from each designated fund 
into the Workers' Compensation Revolving Fund the following 
amounts:
    General Revenue Fund.........................$44,028,200

    Road Fund....................................$28,084,000

    Total                                        $72,112,200

    (d-20) Notwithstanding any other provision of State law to 
the contrary, on or after July 1, 2006 and until June 30, 2007, 
in addition to any other transfers that may be provided for by 
law, at the direction of and upon notification of the Director 
of Central Management Services, the State Comptroller shall 
direct and the State Treasurer shall transfer amounts into the 
Workers' Compensation Revolving Fund from the designated funds 
not exceeding the following totals:
    Mental Health Fund............................$19,121,800
    Statistical Services Revolving Fund............$1,353,700
    Department of Corrections Reimbursement
        and Education Fund.........................$1,295,300
    Communications Revolving Fund....................$578,600
    Child Support Administrative Fund................$477,600
    Health Insurance Reserve Fund....................$258,200
    Fire Prevention Fund.............................$253,000
    Park and Conservation Fund.......................$153,500
    Motor Fuel Tax Fund..............................$143,500
    Illinois Workers' Compensation
        Commission Operations Fund...................$133,900
    State Boating Act Fund...........................$121,400
    Public Utility Fund..............................$115,100
    State Lottery Fund...............................$109,500
    Traffic and Criminal Conviction Surcharge Fund....$95,700
    State Surplus Property Revolving Fund.............$89,400
    Natural Areas Acquisition Fund....................$70,800
    Securities Audit and Enforcement Fund.............$70,400
    Agricultural Premium Fund.........................$68,500
    State Gaming Fund.................................$58,600
    Underground Storage Tank Fund.....................$58,000
    Illinois State Medical Disciplinary Fund..........$57,200
    Personal Property Tax Replacement Fund............$57,200
    General Professions Dedicated Fund...............$56,100

    Total                                        $24,797,000

    (d-25) Notwithstanding any other provision of State law to 
the contrary and in addition to any other transfers that may be 
provided for by law, on July 1, 2009, or as soon as may be 
practical thereafter, the State Comptroller shall direct and 
the State Treasurer shall transfer from each designated fund 
into the Workers' Compensation Revolving Fund the following 
amounts: 
    General Revenue Fund.........................$55,000,000 
    Road Fund....................................$34,803,000 
    Total                                        $89,803,000 
    (d-30) Notwithstanding any other provision of State law to 
the contrary, on or after July 1, 2009 and until June 30, 2010, 
in addition to any other transfers that may be provided for by 
law, at the direction of and upon notification of the Director 
of Central Management Services, the State Comptroller shall 
direct and the State Treasurer shall transfer amounts into the 
Workers' Compensation Revolving Fund from the designated funds 
not exceeding the following totals: 
    Food and Drug Safety Fund.........................$13,900
    Teacher Certificate Fee Revolving Fund.............$6,500
    Transportation Regulatory Fund....................$14,500
    Financial Institution Fund........................$25,200
    General Professions Dedicated Fund................$25,300
    Illinois Veterans' Rehabilitation Fund............$64,600
    State Boating Act Fund...........................$177,100
    State Parks Fund.................................$104,300
    Lobbyist Registration Administration Fund.........$14,400
    Agricultural Premium Fund.........................$79,100
    Fire Prevention Fund.............................$360,200
    Mental Health Fund.............................$9,725,200
    Illinois State Pharmacy Disciplinary Fund..........$5,600
    Public Utility Fund...............................$40,900
    Radiation Protection Fund.........................$14,200
    Firearm Owner's Notification Fund..................$1,300
    Solid Waste Management Fund.......................$74,100
    Illinois Gaming Law Enforcement Fund..............$17,800
    Subtitle D Management Fund........................$14,100
    Illinois State Medical Disciplinary Fund..........$26,500
    Facility Licensing Fund...........................$11,700
    Plugging and Restoration Fund......................$9,100
    Explosives Regulatory Fund.........................$2,300
    Aggregate Operations Regulatory Fund...............$5,000
    Coal Mining Regulatory Fund........................$1,900
    Registered Certified Public Accountants'
        Administration and Disciplinary Fund...........$1,500
    Weights and Measures Fund.........................$56,100
    Division of Corporations Registered
        Limited Liability Partnership Fund.............$3,900
    Illinois School Asbestos Abatement Fund...........$14,000
    Secretary of State Special License Plate Fund.....$30,700
    Capital Development Board Revolving Fund..........$27,000
    DCFS Children's Services Fund.....................$69,300
    Asbestos Abatement Fund...........................$17,200
    Illinois Health Facilities Planning Fund..........$26,800
    Emergency Public Health Fund.......................$5,600
    Nursing Dedicated and Professional Fund...........$10,000
    Optometric Licensing and Disciplinary
        Board Fund.....................................$1,600
    Underground Resources Conservation
        Enforcement Fund..............................$11,500
    Drunk and Drugged Driving Prevention Fund.........$18,200
    Long Term Care Monitor/Receiver Fund..............$35,400
    Community Water Supply Laboratory Fund.............$5,600
    Securities Investors Education Fund................$2,000
    Used Tire Management Fund.........................$32,400
    Natural Areas Acquisition Fund...................$101,200
    Open Space Lands Acquisition
        and
        Development Fund..................$28,400
    Working Capital Revolving Fund...................$489,100
    State Garage Revolving Fund......................$791,900
    Statistical Services Revolving Fund............$3,984,700
    Communications Revolving Fund..................$1,432,800
    Facilities Management Revolving Fund...........$1,911,600
    Professional Services Fund.......................$483,600
    Motor Vehicle Review Board Fund...................$15,000
    Environmental Laboratory Certification Fund........$3,000
    Public Health Laboratory Services
        Revolving Fund.................................$2,500
    Lead Poisoning Screening, Prevention,
        and Abatement Fund............................$28,200
    Securities Audit and Enforcement Fund............$258,400
    Department of Business Services
        Special Operations Fund......................$111,900
    Feed Control Fund.................................$20,800
    Tanning Facility Permit Fund.......................$5,400
    Plumbing Licensure and Program Fund...............$24,400
    Tax Compliance and Administration Fund............$27,200
    Appraisal Administration Fund......................$2,400
    Small Business Environmental Assistance Fund.......$2,200
    Illinois State Fair Fund..........................$31,400
    Secretary of State Special Services Fund.........$317,600
    Department of Corrections Reimbursement
        and Education Fund...........................$324,500
    Health Facility Plan Review Fund..................$31,200
    Illinois Historic Sites Fund......................$11,500
    Attorney General Court Ordered and Voluntary
        Compliance Payment Projects Fund..............$18,500
    Public Pension Regulation Fund.....................$5,600
    Illinois Charity Bureau Fund......................$11,400
    Renewable Energy Resources Trust Fund..............$6,700
    Energy Efficiency Trust Fund.......................$3,600
    Pesticide Control Fund............................$56,800
    Attorney General Whistleblower Reward
        and Protection Fund...........................$14,200
    Partners for Conservation Fund....................$36,900
    Capital Litigation Trust Fund........................$800
    Motor Vehicle License Plate Fund..................$99,700
    Horse Racing Fund.................................$18,900
    Death Certificate Surcharge Fund..................$12,800
    Auction Regulation Administration Fund...............$500
    Motor Carrier Safety Inspection Fund..............$55,800
    Assisted Living and Shared Housing
        Regulatory Fund..................................$900
    Illinois Thoroughbred Breeders Fund................$9,200
    Illinois Clean Water Fund.........................$42,300
    Secretary of State DUI Administration Fund........$16,100
    Child Support Administrative Fund..............$1,037,900
    Secretary of State Police Services Fund............$1,200
    Tourism Promotion Fund............................$34,400
    IMSA Income Fund..................................$12,700
    Presidential Library and Museum Operating Fund....$83,000
    Dram Shop Fund....................................$44,500
    Illinois State Dental Disciplinary Fund............$5,700
    Cycle Rider Safety Training Fund...................$8,700
    Traffic and Criminal Conviction Surcharge Fund...$106,100
    Design Professionals Administration
        and Investigation Fund.........................$4,500
    State Police Services Fund.......................$276,100
    Metabolic Screening and Treatment Fund............$90,800
    Insurance Producer Administration Fund............$45,600
    Coal Technology Development Assistance Fund.......$11,700
    Hearing Instrument Dispenser Examining
        and Disciplinary Fund..........................$1,900
    Low-Level Radioactive Waste Facility
        Development and Operation Fund.................$1,000
    Environmental Protection Permit and
        Inspection Fund...............................$66,900
    Park and Conservation Fund.......................$199,300
    Local Tourism Fund.................................$2,400
    Illinois Capital Revolving Loan Fund..............$10,000
    Large Business Attraction Fund.......................$100
    Adeline Jay Geo-Karis Illinois Beach
        Marina Fund...................................$27,200
    Public Infrastructure Construction
        Loan Revolving Fund............................$1,700
    Insurance Financial Regulation Fund...............$69,200
    Total                                        $24,197,800 
    (d-35) Notwithstanding any other provision of State law to 
the contrary and in addition to any other transfers that may be 
provided for by law, on July 1, 2010, or as soon as may be 
practical thereafter, the State Comptroller shall direct and 
the State Treasurer shall transfer from each designated fund 
into the Workers' Compensation Revolving Fund the following 
amounts: 
    General Revenue Fund.........................$55,000,000 
    Road Fund....................................$50,955,300 
    Total                                       $105,955,300 
    (d-40) Notwithstanding any other provision of State law to 
the contrary, on or after July 1, 2010 and until June 30, 2011, 
in addition to any other transfers that may be provided for by 
law, at the direction of and upon notification of the Director 
of Central Management Services, the State Comptroller shall 
direct and the State Treasurer shall transfer amounts into the 
Workers' Compensation Revolving Fund from the designated funds 
not exceeding the following totals: 
    Food and Drug Safety Fund.........................$8,700 
    Financial Institution Fund.......................$44,500 
    General Professions Dedicated Fund...............$51,400 
    Live and Learn Fund..............................$10,900 
    Illinois Veterans' Rehabilitation Fund..........$106,000 
    State Boating Act Fund..........................$288,200 
    State Parks Fund................................$185,900 
    Wildlife and Fish Fund........................$1,550,300 
    Lobbyist Registration Administration Fund........$18,100 
    Agricultural Premium Fund.......................$176,100 
    Mental Health Fund..............................$291,900 
    Firearm Owner's Notification Fund.................$2,300 
    Illinois Gaming Law Enforcement Fund.............$11,300 
    Illinois State Medical Disciplinary Fund.........$42,300 
    Facility Licensing Fund..........................$14,200 
    Plugging and Restoration Fund....................$15,600 
    Explosives Regulatory Fund........................$4,800 
    Aggregate Operations Regulatory Fund..............$6,000 
    Coal Mining Regulatory Fund.......................$7,200 
    Registered Certified Public Accountants' 
        Administration and Disciplinary Fund..........$1,900 
    Weights and Measures Fund.......................$105,200 
    Division of Corporations Registered 
        Limited Liability Partnership Fund............$5,300 
    Illinois School Asbestos Abatement Fund..........$19,900 
    Secretary of State Special License Plate Fund....$38,700 
    DCFS Children's Services Fund...................$123,100 
    Illinois Health Facilities Planning Fund.........$29,700 
    Emergency Public Health Fund......................$6,800 
    Nursing Dedicated and Professional Fund..........$13,500 
    Optometric Licensing and Disciplinary 
        Board Fund....................................$1,800 
    Underground Resources Conservation 
        Enforcement Fund.............................$16,500 
    Mandatory Arbitration Fund........................$5,400 
    Drunk and Drugged Driving Prevention Fund........$26,400 
    Long Term Care Monitor/Receiver Fund.............$43,800 
    Securities Investors Education Fund..............$28,500 
    Used Tire Management Fund.........................$6,300 
    Natural Areas Acquisition Fund..................$185,000 
    Open Space Lands Acquisition and 
        Development Fund.............................$46,800 
    Working Capital Revolving Fund..................$741,500 
    State Garage Revolving Fund.....................$356,200 
    Statistical Services Revolving Fund...........$1,775,900 
    Communications Revolving Fund...................$630,600 
    Facilities Management Revolving Fund............$870,800 
    Professional Services Fund......................$275,500 
    Motor Vehicle Review Board Fund..................$12,900 
    Public Health Laboratory Services 
        Revolving Fund................................$5,300 
    Lead Poisoning Screening, Prevention, 
        and Abatement Fund...........................$42,100 
    Securities Audit and Enforcement Fund...........$162,700 
    Department of Business Services 
        Special Operations Fund.....................$143,700 
    Feed Control Fund................................$32,300 
    Tanning Facility Permit Fund......................$3,900 
    Plumbing Licensure and Program Fund..............$32,600 
    Tax Compliance and Administration Fund...........$48,400 
    Appraisal Administration Fund.....................$3,600 
    Illinois State Fair Fund.........................$30,200 
    Secretary of State Special Services Fund........$214,400 
    Department of Corrections Reimbursement 
        and Education Fund..........................$438,300 
    Health Facility Plan Review Fund.................$29,900 
    Public Pension Regulation Fund....................$9,900 
    Pesticide Control Fund..........................$107,500 
    Partners for Conservation Fund..................$189,300 
    Motor Vehicle License Plate Fund................$143,800 
    Horse Racing Fund................................$20,900 
    Death Certificate Surcharge Fund.................$16,800 
    Auction Regulation Administration Fund............$1,000 
    Motor Carrier Safety Inspection Fund.............$56,800 
    Assisted Living and Shared Housing 
        Regulatory Fund...............................$2,200 
    Illinois Thoroughbred Breeders Fund..............$18,100 
    Secretary of State DUI Administration Fund.......$19,800 
    Child Support Administrative Fund.............$1,809,500 
    Secretary of State Police Services Fund...........$2,500 
    Medical Special Purposes Trust Fund..............$20,400 
    Dram Shop Fund...................................$57,200 
    Illinois State Dental Disciplinary Fund...........$9,500 
    Cycle Rider Safety Training Fund.................$12,200 
    Traffic and Criminal Conviction Surcharge Fund..$128,900 
    Design Professionals Administration 
        and Investigation Fund........................$7,300 
    State Police Services Fund......................$335,700 
    Metabolic Screening and Treatment Fund...........$81,600 
    Insurance Producer Administration Fund...........$77,000 
    Hearing Instrument Dispenser Examining 
        and Disciplinary Fund.........................$1,900 
    Park and Conservation Fund......................$361,500 
    Adeline Jay Geo-Karis Illinois Beach 
        Marina Fund..................................$42,800 
    Insurance Financial Regulation Fund.............$108,000 
    Total                                        $13,033,200 
    (d-45) Notwithstanding any other provision of State law to 
the contrary and in addition to any other transfers that may be 
provided for by law, on July 1, 2011, or as soon as may be 
practical thereafter, the State Comptroller shall direct and 
the State Treasurer shall transfer the sum of $45,000,000 from 
the General Revenue Fund into the Workers' Compensation 
Revolving Fund. 
    (e) The term "workers' compensation services" means 
services, claims expenses, and related administrative costs 
incurred in performing the duties under

Sections 405-105 and 
405-411 of the Department of Central Management Services Law of 
the Civil Administrative Code of Illinois.

(Source: P.A. 96-45, eff. 7-15-09; 96-959, eff. 7-1-10; 97-641, 
eff. 12-19-11; 97-895, eff. 8-3-12.)
 
    Section 10. The Illinois Procurement Code is amended  by 
changing Section 45-57 as follows:
 
    (30 ILCS 500/45-57)
    Sec. 45-57. Veterans.
    (a) Set-aside goal. It is the goal of the State to promote 
and encourage the continued economic development of small 
businesses owned and controlled by qualified veterans and that 
qualified service-disabled veteran-owned small businesses 
(referred to as SDVOSB) and veteran-owned small businesses 
(referred to as VOSB) participate in the State's procurement 
process as both prime contractors and subcontractors. Not less 
than 3% of the total dollar amount of State contracts, as 
defined by the Director of Central Management Services, shall 
be established as a goal to be awarded to SDVOSB and VOSB. That



 
portion of a contract under which the contractor subcontracts



 
with a SDVOSB or VOSB may be counted toward the



 goal of this 
subsection. The Department of Central Management Services 
shall adopt rules to implement compliance with this subsection 
by all State agencies.
    (b) Fiscal year reports. 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 March 1 the Department of 
Central Management Services shall compile and report that 
information to the General Assembly:
        (1) The total number of VOSB, and the number of SDVOSB, 
    who submitted bids for contracts under this Code.
        (2) The total number of VOSB, and the number of SDVOSB, 
    who entered into contracts with the State under this Code 
    and the total value of those contracts.
    (c) Yearly review and recommendations. Each year, each 
chief procurement officer shall review the progress of all 
State agencies under its jurisdiction in meeting the goal 
described in subsection (a), with input from statewide 
veterans' service organizations and from the business 
community, including businesses owned by qualified 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 veterans and 
on the continued need to encourage and promote businesses owned 
by qualified veterans.
    (d) Governor's recommendations. 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 veterans.
    (e) Definitions. As used in this Section:
    "Armed forces of the United States" means the United States 
Army, Navy, Air Force, Marine Corps, Coast Guard, or service in 
active duty as defined under 38 U.S.C. Section 101. Service in 
the Merchant Marine that constitutes active duty under Section 
401 of federal Public Act 95-202 shall also be considered 
service in the armed forces for purposes of this Section. 
    "Certification" means a determination made by the Illinois 
Department of Veterans' Affairs and the Department of Central 
Management Services that a business entity is a qualified 
service-disabled veteran-owned small business or a qualified 
veteran-owned small business for whatever purpose. A SDVOSB or 
VOSB owned and controlled by females, minorities, or persons 
with disabilities, as those terms are defined in Section 2 of 
the Business Enterprise for Minorities, Females, and Persons 
with Disabilities Act, may also shall select and designate 
whether that business is to be certified as a "female-owned 
business", "minority-owned business", or "business owned by a 
person with a disability", as defined in Section 2 of the 
Business Enterprise for Minorities, Females, and Persons with 
Disabilities Act, or as a qualified SDVOSB or qualified VOSB 
under this Section. 
    "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 
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, and control shall not include simple 
majority or absentee ownership.
    "Qualified service-disabled veteran" means a







  veteran who 
has been found to have 10% or more service-connected disability 
by the United States Department of Veterans Affairs or the 
United States Department of Defense.
    "Qualified service-disabled veteran-owned small business" 
or "SDVOSB" means a small business (i) that is at least 51% 
owned by one or more qualified service-disabled veterans living 
in Illinois or, in the case of a corporation, at least 51% of 
the stock of which is owned by one or more qualified 
service-disabled veterans living in Illinois; (ii) that has its 
home office in Illinois; and (iii) for which items (i) and (ii) 
are factually verified annually by the Department of Central 
Management Services.
    "Qualified veteran-owned small business" or "VOSB" means a 
small business (i) that is at least 51% owned by one or more 
qualified veterans living in Illinois or, in the case of a 
corporation, at least 51% of the stock of which is owned by one 
or more qualified veterans living in Illinois; (ii) that has 
its home office in Illinois; and (iii) for which items (i) and 
(ii) are factually verified annually by the Department of 
Central Management Services. 
    "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).
    "Small business" means a business that has annual gross 
sales of less than $75,000,000 as evidenced by the federal 
income tax return of the business. A firm with gross sales in 
excess of this cap may apply to the Department of Central 
Management Services for certification for a particular 
contract if the firm can demonstrate that the contract would 
have significant impact on SDVOSB or VOSB as suppliers or 
subcontractors or in employment of veterans or 
service-disabled veterans.
    "State agency" has the same meaning as in Section 2 of the 
Business Enterprise for Minorities, Females, and Persons with 
Disabilities Act. 
    "Time of hostilities with a foreign country" means any 
period of time in the past, present, or future during which a 
declaration of war by the United States Congress has been or is 
in effect or during which an emergency condition has been or is 
in effect that is recognized by the issuance of a Presidential 
proclamation or a Presidential executive order and in which the 
armed forces expeditionary medal or other campaign service 
medals are awarded according to Presidential executive order. 
    "Veteran" means a person who (i) has been a member of the 
armed forces of the United States or, while a citizen of the 
United States, was a member of the armed forces of allies of 
the United States in time of hostilities with a foreign country 
and (ii) has served under one or more of the following 
conditions: (a) the veteran served a total of at least 6 
months; (b) the veteran served for the duration of hostilities 
regardless of the length of the engagement; (c) the veteran was 
discharged on the basis of hardship; or (d) the veteran was 
released from active duty because of a service connected 
disability and was discharged under honorable conditions.
    (f) Certification program. The Illinois Department of 
Veterans' Affairs and the Department of Central Management 
Services shall work together to devise a certification 
procedure to assure that businesses taking advantage of this 
Section are legitimately classified as qualified 
service-disabled veteran-owned small businesses or qualified 
veteran-owned small businesses. 

    (g) Penalties.
        (1) Administrative penalties. The Department of 
    Central Management Services shall suspend any person who 
    commits a violation of Section 17-10.3 or subsection (d) of 
    Section 33E-6 of the Criminal Code of 1961 or the Criminal 
    Code of 2012 relating to this Section from bidding on, or 
    participating as a contractor, subcontractor, or supplier 
    in, any State contract or project for a period of not less 
    than 3 years, and, if the person is certified as a 
    service-disabled veteran-owned small business or a 
    veteran-owned small business, then the Department shall 
    revoke the business's certification for a period of not 
    less than 3 years. An additional or subsequent violation 
    shall extend the periods of suspension and revocation for a 
    period of not less than 5 years. The suspension and 
    revocation shall apply to the principals of the business 
    and any subsequent business formed or financed by, or 
    affiliated with, those principals.
        (2) Reports of violations. Each State agency shall 
    report any alleged violation of Section 17-10.3 or 
    subsection (d) of Section 33E-6 of the Criminal Code of 
    1961 or the Criminal Code of 2012 relating to this Section 
    to the Department of Central Management Services. The 
    Department of Central Management Services shall 
    subsequently report all such alleged violations to the 
    Attorney General, who shall determine whether to bring a 
    civil action against any person for the violation.
        (3) List of suspended persons.  The Department of 
    Central Management Services shall monitor the status of all 
    reported violations of Section 17-10.3 or subsection (d) of 
    Section 33E-6 of the Criminal Code of 1961 or the Criminal 
    Code of 2012 relating to this Section and shall maintain 
    and make available to all State agencies a central listing 
    of all persons that committed violations resulting in 
    suspension.
        (4) Use of suspended persons.  During the period of a 
    person's suspension under paragraph (1) of this 
    subsection, a State agency shall not enter into any 
    contract with that person or with any contractor using the 
    services of that person as a subcontractor.
        (5) Duty to check list.  Each State agency shall check 
    the central listing provided by the Department of Central 
    Management Services under paragraph (3) of this subsection 
    to verify that a person being awarded a contract by that 
    State agency, or to be used as a subcontractor or supplier 
    on a contract being awarded by that State agency, is not 
    under suspension pursuant to paragraph (1) of this 
    subsection. 
(Source: P.A. 96-96, eff. 1-1-10; 97-260, eff. 8-5-11; 97-1150, 
eff. 1-25-13.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  

Effective Date:  8/12/2013