98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2363

 

Introduced 2/15/2013, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 575/2
50 ILCS 510/3  from Ch. 85, par. 6403
50 ILCS 510/4  from Ch. 85, par. 6404
50 ILCS 510/5  from Ch. 85, par. 6405
50 ILCS 510/6  from Ch. 85, par. 6406

    Amends the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. Specifies that a board of trustees of a community college district qualifies as a State university for the purposes of the Act. Amends the Local Government Professional Services Selection Act. Provides that a community college district does not qualify as a political subdivision qualifies for the purposes of the Act. Deletes a provision that exempted from the Act's notice, evaluation, and selection requirements those political subdivisions that have a satisfactory relationship for services with one or more firms. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2363LRB098 10725 JDS 41059 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Business Enterprise for Minorities,
5Females, and Persons with Disabilities Act is amended by
6changing Section 2 as follows:
 
7    (30 ILCS 575/2)
8    (Section scheduled to be repealed on June 30, 2016)
9    Sec. 2. Definitions.
10    (A) For the purpose of this Act, the following terms shall
11have the following definitions:
12        (1) "Minority person" shall mean a person who is a
13    citizen or lawful permanent resident of the United States
14    and who is any of the following:
15            (a) American Indian or Alaska Native (a person
16        having origins in any of the original peoples of North
17        and South America, including Central America, and who
18        maintains tribal affiliation or community attachment).
19            (b) Asian (a person having origins in any of the
20        original peoples of the Far East, Southeast Asia, or
21        the Indian subcontinent, including, but not limited
22        to, Cambodia, China, India, Japan, Korea, Malaysia,
23        Pakistan, the Philippine Islands, Thailand, and

 

 

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1        Vietnam).
2            (c) Black or African American (a person having
3        origins in any of the black racial groups of Africa).
4        Terms such as "Haitian" or "Negro" can be used in
5        addition to "Black or African American".
6            (d) Hispanic or Latino (a person of Cuban, Mexican,
7        Puerto Rican, South or Central American, or other
8        Spanish culture or origin, regardless of race).
9            (e) Native Hawaiian or Other Pacific Islander (a
10        person having origins in any of the original peoples of
11        Hawaii, Guam, Samoa, or other Pacific Islands).
12        (2) "Female" shall mean a person who is a citizen or
13    lawful permanent resident of the United States and who is
14    of the female gender.
15        (2.05) "Person with a disability" means a person who is
16    a citizen or lawful resident of the United States and is a
17    person qualifying as being disabled under subdivision
18    (2.1) of this subsection (A).
19        (2.1) "Disabled" means a severe physical or mental
20    disability that:
21            (a) results from:
22            amputation,
23            arthritis,
24            autism,
25            blindness,
26            burn injury,

 

 

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1            cancer,
2            cerebral palsy,
3            Crohn's disease,
4            cystic fibrosis,
5            deafness,
6            head injury,
7            heart disease,
8            hemiplegia,
9            hemophilia,
10            respiratory or pulmonary dysfunction,
11            an intellectual disability,
12            mental illness,
13            multiple sclerosis,
14            muscular dystrophy,
15            musculoskeletal disorders,
16            neurological disorders, including stroke and
17        epilepsy,
18            paraplegia,
19            quadriplegia and other spinal cord conditions,
20            sickle cell anemia,
21            ulcerative colitis,
22            specific learning disabilities, or
23            end stage renal failure disease; and
24            (b) substantially limits one or more of the
25        person's major life activities.
26        Another disability or combination of disabilities may

 

 

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1    also be considered as a severe disability for the purposes
2    of item (a) of this subdivision (2.1) if it is determined
3    by an evaluation of rehabilitation potential to cause a
4    comparable degree of substantial functional limitation
5    similar to the specific list of disabilities listed in item
6    (a) of this subdivision (2.1).
7        (3) "Minority owned business" means a business concern
8    which is at least 51% owned by one or more minority
9    persons, or in the case of a corporation, at least 51% of
10    the stock in which is owned by one or more minority
11    persons; and the management and daily business operations
12    of which are controlled by one or more of the minority
13    individuals who own it.
14        (4) "Female owned business" means a business concern
15    which is at least 51% owned by one or more females, or, in
16    the case of a corporation, at least 51% of the stock in
17    which is owned by one or more females; and the management
18    and daily business operations of which are controlled by
19    one or more of the females who own it.
20        (4.1) "Business owned by a person with a disability"
21    means a business concern that is at least 51% owned by one
22    or more persons with a disability and the management and
23    daily business operations of which are controlled by one or
24    more of the persons with disabilities who own it. A
25    not-for-profit agency for persons with disabilities that
26    is exempt from taxation under Section 501 of the Internal

 

 

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1    Revenue Code of 1986 is also considered a "business owned
2    by a person with a disability".
3        (4.2) "Council" means the Business Enterprise Council
4    for Minorities, Females, and Persons with Disabilities
5    created under Section 5 of this Act.
6        (5) "State contracts" shall mean all State contracts,
7    funded exclusively with State funds which are not subject
8    to federal reimbursement, whether competitively bid or
9    negotiated as defined by the Secretary of the Council and
10    approved by the Council.
11        "State construction contracts" means all State
12    contracts entered into by a State agency or State
13    university for the repair, remodeling, renovation or
14    construction of a building or structure, or for the
15    construction or maintenance of a highway defined in Article
16    2 of the Illinois Highway Code.
17        (6) "State agencies" shall mean all departments,
18    officers, boards, commissions, institutions and bodies
19    politic and corporate of the State, but does not include
20    the Board of Trustees of the University of Illinois, the
21    Board of Trustees of Southern Illinois University, the
22    Board of Trustees of Chicago State University, the Board of
23    Trustees of Eastern Illinois University, the Board of
24    Trustees of Governors State University, the Board of
25    Trustees of Illinois State University, the Board of
26    Trustees of Northeastern Illinois University, the Board of

 

 

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1    Trustees of Northern Illinois University, the Board of
2    Trustees of Western Illinois University, municipalities or
3    other local governmental units, or other State
4    constitutional officers.
5        (7) "State universities" shall mean the Board of
6    Trustees of the University of Illinois, the Board of
7    Trustees of Southern Illinois University, the Board of
8    Trustees of Chicago State University, the Board of Trustees
9    of Eastern Illinois University, the Board of Trustees of
10    Governors State University, the Board of Trustees of
11    Illinois State University, the Board of Trustees of
12    Northeastern Illinois University, the Board of Trustees of
13    Northern Illinois University, and the Board of Trustees of
14    Western Illinois University, and the Board of Trustees of
15    any community college district, as defined in subsection
16    (d) of Section 1-2 of the Public Community College Act.
17        (8) "Certification" means a determination made by the
18    Council or by one delegated authority from the Council to
19    make certifications, or by a State agency with statutory
20    authority to make such a certification, that a business
21    entity is a business owned by a minority, female, or person
22    with a disability for whatever purpose. A business owned
23    and controlled by females shall select and designate
24    whether such business is to be certified as a "Female-owned
25    business" or "Minority-owned business" if the females are
26    also minorities.

 

 

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1        (9) "Control" means the exclusive or ultimate and sole
2    control of the business including, but not limited to,
3    capital investment and all other financial matters,
4    property, acquisitions, contract negotiations, legal
5    matters, officer-director-employee selection and
6    comprehensive hiring, operating responsibilities,
7    cost-control matters, income and dividend matters,
8    financial transactions and rights of other shareholders or
9    joint partners. Control shall be real, substantial and
10    continuing, not pro forma. Control shall include the power
11    to direct or cause the direction of the management and
12    policies of the business and to make the day-to-day as well
13    as major decisions in matters of policy, management and
14    operations. Control shall be exemplified by possessing the
15    requisite knowledge and expertise to run the particular
16    business and control shall not include simple majority or
17    absentee ownership.
18        (10) "Business concern or business" means a business
19    that has annual gross sales of less than $75,000,000 as
20    evidenced by the federal income tax return of the business.
21    A firm with gross sales in excess of this cap may apply to
22    the Council for certification for a particular contract if
23    the firm can demonstrate that the contract would have
24    significant impact on businesses owned by minorities,
25    females, or persons with disabilities as suppliers or
26    subcontractors or in employment of minorities, females, or

 

 

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1    persons with disabilities.
2    (B) When a business concern is owned at least 51% by any
3combination of minority persons, females, or persons with
4disabilities, even though none of the 3 classes alone holds at
5least a 51% interest, the ownership requirement for purposes of
6this Act is considered to be met. The certification category
7for the business is that of the class holding the largest
8ownership interest in the business. If 2 or more classes have
9equal ownership interests, the certification category shall be
10determined by the business concern.
11(Source: P.A. 96-453, eff. 8-14-09; 96-795, eff. 7-1-10 (see
12Section 5 of P.A. 96-793 for effective date of changes made by
13P.A. 96-795); 96-1000, eff. 7-2-10; 97-227, eff. 1-1-12;
1497-396, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
15    Section 10. The Local Government Professional Services
16Selection Act is amended by changing Sections 3, 4, 5, and 6 as
17follows:
 
18    (50 ILCS 510/3)  (from Ch. 85, par. 6403)
19    Sec. 3. Definitions. As used in this Act unless the context
20specifically requires otherwise:
21    (1) "Firm" means any individual, firm, partnership,
22corporation, association or other legal entity permitted by law
23to practice the profession of architecture, engineering or land
24surveying and provide architectural, engineering or land

 

 

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1surveying services.
2    (2) "Architectural services" means any professional
3service as defined in Section 5 of the Illinois Architecture
4Practice Act of 1989.
5    (3) "Engineering services" means any professional service
6as defined in Section 4 of the Professional Engineering
7Practice Act of 1989 or Section 5 of the Structural Engineering
8Practice Act of 1989.
9    (4) "Land surveying services" means any professional
10service as defined in Section 5 of the Illinois Professional
11Land Surveyor Act of 1989.
12    (5) "Political subdivision" means any school district and
13any unit of local government of fewer than 3,000,000
14inhabitants, except home rule units and community college
15districts, as defined in subsection (d) of Section 1-2 of the
16Public Community College Act.
17    (6) "Project" means any capital improvement project or any
18study, plan, survey or new or existing program activity of a
19political subdivision, including development of new or
20existing programs which require architectural, engineering or
21land surveying services.
22(Source: P.A. 91-91, eff. 1-1-00.)
 
23    (50 ILCS 510/4)  (from Ch. 85, par. 6404)
24    Sec. 4. Public notice. Present provisions of law
25notwithstanding, in the procurement of architectural,

 

 

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1engineering or land surveying services, each political
2subdivision which utilizes architectural, engineering or land
3surveying services shall permit firms engaged in the lawful
4practice of their professions to annually file a statement of
5qualifications and performance data with the political
6subdivision. Whenever a project requiring architectural,
7engineering or land surveying services is proposed for a
8political subdivision, the political subdivision shall, unless
9it has a satisfactory relationship for services with one or
10more firms:
11    (1) Mail a notice requesting a statement of interest in the
12specific project to all firms who have a current statement of
13qualifications and performance data on file with the political
14subdivision; or
15    (2) Place an advertisement in a secular English language
16daily newspaper of general circulation throughout such
17political subdivision, requesting a statement of interest in
18the specific project and further requesting statements of
19qualifications and performance data from those firms which do
20not have such a statement on file with the political
21subdivision. Such advertisement shall state the day, hour and
22place the statement of interest and the statements of
23qualifications and performance data shall be due.
24(Source: P.A. 85-854.)
 
25    (50 ILCS 510/5)  (from Ch. 85, par. 6405)

 

 

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1    Sec. 5. Evaluation Procedure. A political subdivision
2shall, unless it has a satisfactory relationship for services
3with one or more firms, evaluate the firms submitting letters
4of interest, taking into account qualifications, ability of
5professional personnel, past record and experience,
6performance data on file, willingness to meet time
7requirements, location, workload of the firm, and such other
8qualifications-based factors as the political subdivision may
9determine in writing are applicable. The political subdivision
10may conduct discussions with and require public presentations
11by firms deemed to be the most qualified regarding their
12qualifications, approach to the project, and ability to furnish
13the required services. In no case shall a political
14subdivision, prior to selecting a firm for negotiation under
15Section 7, seek formal or informal submission of verbal or
16written estimates of costs or proposals in terms of dollars,
17hours required, percentage of construction cost, or any other
18measure of compensation.
19(Source: P.A. 94-1097, eff. 2-2-07.)
 
20    (50 ILCS 510/6)  (from Ch. 85, par. 6406)
21    Sec. 6. Selection procedure. On the basis of evaluations,
22discussions and presentations, the political subdivision
23shall, unless it has a satisfactory relationship for services
24with one or more firms, select no less than 3 firms which it
25determines to be the most qualified to provide services for the

 

 

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1project and rank them in order of qualifications to provide
2services regarding the specific project. The political
3subdivision shall then contact the firm ranked most preferred
4and attempt to negotiate a contract at a fair and reasonable
5compensation, taking into account the estimated value, scope,
6complexity, and professional nature of the services to be
7rendered. If fewer than 3 firms submit letters of interest and
8the political subdivision determines that one or both of those
9firms are so qualified, the political subdivision may proceed
10to negotiate a contract pursuant to this Section and Section 7.
11(Source: P.A. 85-854.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.