Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Illinois Compiled Statutes

 ILCS Listing   Public Acts  Search   Guide   Disclaimer

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

30 ILCS 575/2

    (30 ILCS 575/2)
    (Section scheduled to be repealed on June 30, 2020)
    Sec. 2. Definitions.
    (A) For the purpose of this Act, the following terms shall have the following definitions:
        (1) "Minority person" shall mean a person who is a
    
citizen or lawful permanent resident of the United States and who is any of the following:
            (a) American Indian or Alaska Native (a person
        
having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).
            (b) Asian (a person having origins in any of the
        
original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).
            (c) Black or African American (a person having
        
origins in any of the black racial groups of Africa). Terms such as "Haitian" or "Negro" can be used in addition to "Black or African American".
            (d) Hispanic or Latino (a person of Cuban,
        
Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).
            (e) Native Hawaiian or Other Pacific Islander (a
        
person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).
        (2) "Woman" shall mean a person who is a citizen or
    
lawful permanent resident of the United States and who is of the female gender.
        (2.05) "Person with a disability" means a person who
    
is a citizen or lawful resident of the United States and is a person qualifying as a person with a disability under subdivision (2.1) of this subsection (A).
        (2.1) "Person with a disability" means a person with
    
a severe physical or mental disability that:
            (a) results from:
            amputation,
            arthritis,
            autism,
            blindness,
            burn injury,
            cancer,
            cerebral palsy,
            Crohn's disease,
            cystic fibrosis,
            deafness,
            head injury,
            heart disease,
            hemiplegia,
            hemophilia,
            respiratory or pulmonary dysfunction,
            an intellectual disability,
            mental illness,
            multiple sclerosis,
            muscular dystrophy,
            musculoskeletal disorders,
            neurological disorders, including stroke and
        
epilepsy,
            paraplegia,
            quadriplegia and other spinal cord conditions,
            sickle cell anemia,
            ulcerative colitis,
            specific learning disabilities, or
            end stage renal failure disease; and
            (b) substantially limits one or more of the
        
person's major life activities.
        Another disability or combination of disabilities may
    
also be considered as a severe disability for the purposes of item (a) of this subdivision (2.1) if it is determined by an evaluation of rehabilitation potential to cause a comparable degree of substantial functional limitation similar to the specific list of disabilities listed in item (a) of this subdivision (2.1).
        (3) "Minority-owned business" means a business which
    
is at least 51% owned by one or more minority persons, or in the case of a corporation, at least 51% of the stock in which is owned by one or more minority persons; and the management and daily business operations of which are controlled by one or more of the minority individuals who own it.
        (4) "Women-owned business" means a business which is
    
at least 51% owned by one or more women, or, in the case of a corporation, at least 51% of the stock in which is owned by one or more women; and the management and daily business operations of which are controlled by one or more of the women who own it.
        (4.1) "Business owned by a person with a disability"
    
means a business that is at least 51% owned by one or more persons with a disability and the management and daily business operations of which are controlled by one or more of the persons with disabilities who own it. A not-for-profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also considered a "business owned by a person with a disability".
        (4.2) "Council" means the Business Enterprise Council
    
for Minorities, Women, and Persons with Disabilities created under Section 5 of this Act.
        (5) "State contracts" means all contracts entered
    
into by the State, any agency or department thereof, or any public institution of higher education, including community college districts, regardless of the source of the funds with which the contracts are paid, which are not subject to federal reimbursement. "State contracts" does not include contracts awarded by a retirement system, pension fund, or investment board subject to Section 1-109.1 of the Illinois Pension Code. This definition shall control over any existing definition under this Act or applicable administrative rule.
        "State construction contracts" means all State
    
contracts entered into by a State agency or public institution of higher education for the repair, remodeling, renovation or construction of a building or structure, or for the construction or maintenance of a highway defined in Article 2 of the Illinois Highway Code.
        (6) "State agencies" shall mean all departments,
    
officers, boards, commissions, institutions and bodies politic and corporate of the State, but does not include the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, municipalities or other local governmental units, or other State constitutional officers.
        (7) "Public institutions of higher education" means
    
the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, the public community colleges of the State, and any other public universities, colleges, and community colleges now or hereafter established or authorized by the General Assembly.
        (8) "Certification" means a determination made by
    
the Council or by one delegated authority from the Council to make certifications, or by a State agency with statutory authority to make such a certification, that a business entity is a business owned by a minority, woman, or person with a disability for whatever purpose. A business owned and controlled by women shall be certified as a "woman-owned business". A business owned and controlled by women who are also minorities shall be certified as both a "women-owned business" and a "minority-owned business".
        (9) "Control" means the exclusive or ultimate and
    
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, operating 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.
        (10) "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 Council for certification for a particular contract if the firm can demonstrate that the contract would have significant impact on businesses owned by minorities, women, or persons with disabilities as suppliers or subcontractors or in employment of minorities, women, or persons with disabilities.
        (11) "Utilization plan" means a form and additional
    
documentations included in all bids or proposals that demonstrates a vendor's proposed utilization of vendors certified by the Business Enterprise Program to meet the targeted goal. The utilization plan shall demonstrate that the Vendor has either: (1) met the entire contract goal or (2) requested a full or partial waiver and made good faith efforts towards meeting the goal.
        (12) "Business Enterprise Program" means the Business
    
Enterprise Program of the Department of Central Management Services.
    (B) When a business is owned at least 51% by any combination of minority persons, women, or persons with disabilities, even though none of the 3 classes alone holds at least a 51% interest, the ownership requirement for purposes of this Act is considered to be met. The certification category for the business is that of the class holding the largest ownership interest in the business. If 2 or more classes have equal ownership interests, the certification category shall be determined by the business.
(Source: P.A. 99-143, eff. 7-27-15; 99-462, eff. 8-25-15; 99-642, eff. 7-28-16; 100-391, eff. 8-25-17.)