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Public Act 098-0307


 

Public Act 0307 98TH GENERAL ASSEMBLY

  
  
  

 


 
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