Full Text of HB4710 101st General Assembly
HB4710 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4710 Introduced 2/18/2020, by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
| |
Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Defines "employee qualifying business". Provides that a minority-owned business, women-owned business, and Business owned by a person with a disability each include employee qualifying businesses for purposes of the Act. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB4710 | | LRB101 18215 RJF 67657 b |
|
| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Business Enterprise for Minorities, Women, | 5 | | and Persons with
Disabilities Act is amended by changing | 6 | | Section 2 as follows:
| 7 | | (30 ILCS 575/2)
| 8 | | (Section scheduled to be repealed on June 30, 2024) | 9 | | Sec. 2. Definitions.
| 10 | | (A) For the purpose of this Act, the following
terms shall | 11 | | have 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 |
| | | HB4710 | - 2 - | LRB101 18215 RJF 67657 b |
|
| 1 | | Vietnam). | 2 | | (c) Black or African American (a person having | 3 | | origins in any of the black racial groups of Africa). | 4 | | (d) Hispanic or Latino (a person of Cuban, Mexican, | 5 | | Puerto Rican, South or Central American, or other | 6 | | Spanish culture or origin, regardless of race). | 7 | | (e) Native Hawaiian or Other Pacific Islander (a | 8 | | person having origins in any of the original peoples of | 9 | | Hawaii, Guam, Samoa, or other Pacific Islands).
| 10 | | (2) "Woman" shall mean a person who is a citizen or | 11 | | lawful permanent
resident of the United States and who is | 12 | | of the female gender.
| 13 | | (2.05) "Person with a disability" means a person who is | 14 | | a citizen or
lawful resident of the United States and is a | 15 | | person qualifying as a person with a disability under | 16 | | subdivision (2.1) of this subsection (A).
| 17 | | (2.1) "Person with a disability" means a person with a | 18 | | severe physical or mental disability that:
| 19 | | (a) results from:
| 20 | | amputation,
| 21 | | arthritis,
| 22 | | autism,
| 23 | | blindness,
| 24 | | burn injury,
| 25 | | cancer,
| 26 | | cerebral palsy,
|
| | | HB4710 | - 3 - | LRB101 18215 RJF 67657 b |
|
| 1 | | Crohn's disease, | 2 | | cystic fibrosis,
| 3 | | deafness,
| 4 | | head injury,
| 5 | | heart disease,
| 6 | | hemiplegia,
| 7 | | hemophilia,
| 8 | | respiratory or pulmonary dysfunction,
| 9 | | an intellectual disability,
| 10 | | mental illness,
| 11 | | multiple sclerosis,
| 12 | | muscular dystrophy,
| 13 | | musculoskeletal disorders,
| 14 | | neurological disorders, including stroke and | 15 | | epilepsy,
| 16 | | paraplegia,
| 17 | | quadriplegia and other spinal cord conditions,
| 18 | | sickle cell anemia,
| 19 | | ulcerative colitis, | 20 | | specific learning disabilities, or
| 21 | | end stage renal failure disease; and
| 22 | | (b) substantially limits one or more of the | 23 | | person's major life activities.
| 24 | | Another disability or combination of disabilities may | 25 | | also be considered
as a severe disability for the purposes | 26 | | of item (a) of this
subdivision (2.1) if it is determined |
| | | HB4710 | - 4 - | LRB101 18215 RJF 67657 b |
|
| 1 | | by an evaluation of
rehabilitation potential to
cause a | 2 | | comparable degree of substantial functional limitation | 3 | | similar to
the specific list of disabilities listed in item | 4 | | (a) of this
subdivision (2.1).
| 5 | | (3) "Minority-owned business" means a business which | 6 | | is at least
51% owned by one or more minority persons, or | 7 | | in the case of a
corporation, at least 51% of the stock in | 8 | | which is owned by one or
more minority persons; and the | 9 | | management and daily business operations of
which are | 10 | | controlled by one or more of the minority individuals who | 11 | | own it. "Minority-owned business" includes an employee | 12 | | qualifying business as defined under this Section.
| 13 | | (4) "Women-owned business" means a business which is at | 14 | | least
51% owned by one or more women, or, in the case of a | 15 | | corporation, at
least 51% of the stock in which is owned by | 16 | | one or more women; and the
management and daily business | 17 | | operations of which are controlled by one or
more of the | 18 | | women who own it. "Women-owned business" includes an | 19 | | employee qualifying business as defined under this | 20 | | Section.
| 21 | | (4.1) "Business owned by a person with a disability" | 22 | | means a business
that is at least 51% owned by one or more | 23 | | persons with a disability
and the management and daily | 24 | | business operations of which
are controlled by one or more | 25 | | of the persons with disabilities who own it. A
| 26 | | not-for-profit agency for persons with disabilities that |
| | | HB4710 | - 5 - | LRB101 18215 RJF 67657 b |
|
| 1 | | is exempt from
taxation under Section 501 of the Internal | 2 | | Revenue Code of 1986 is also
considered a "business owned | 3 | | by a person with a disability". "Business owned by a person | 4 | | with a disability" includes an employee qualifying | 5 | | business as defined under this Section.
| 6 | | (4.2) "Council" means the Business Enterprise Council | 7 | | for Minorities, Women, and Persons with Disabilities | 8 | | created under Section 5 of this Act.
| 9 | | (4.3) "Employee qualifying business" means a business | 10 | | with 50 or more full-time employees that is not 51% owned | 11 | | by a minority person, woman, or person with a disability, | 12 | | but whose employees are comprised of, at a minimum: (i) 66% | 13 | | minority persons; (ii) 66% women; (iii) 66% persons with a | 14 | | disability; or (iv) any combination of persons identified | 15 | | in items (i) through (iii) that amounts to 66% or higher. | 16 | | (5) "State contracts" means all contracts entered into | 17 | | by the State, any agency or department thereof, or any | 18 | | public institution of higher education, including | 19 | | community college districts, regardless of the source of | 20 | | the funds with which the contracts are paid, which are not | 21 | | subject to federal reimbursement. "State contracts" does | 22 | | not include contracts awarded by a retirement system, | 23 | | pension fund, or investment board subject to Section | 24 | | 1-109.1 of the Illinois Pension Code. This definition shall | 25 | | control over any existing definition under this Act or | 26 | | applicable administrative rule.
|
| | | HB4710 | - 6 - | LRB101 18215 RJF 67657 b |
|
| 1 | | "State construction contracts" means all State | 2 | | contracts entered
into by a State agency or public | 3 | | institution of higher education for the repair, | 4 | | remodeling,
renovation or
construction of a building or | 5 | | structure, or for the construction or
maintenance of a | 6 | | highway defined in Article 2 of the Illinois Highway
Code.
| 7 | | (6) "State agencies" shall mean all departments, | 8 | | officers, boards,
commissions, institutions and bodies | 9 | | politic and corporate of the State,
but does not include | 10 | | the Board of Trustees of the University of Illinois,
the | 11 | | Board of Trustees of Southern Illinois University,
the | 12 | | Board of Trustees
of Chicago State University, the Board of | 13 | | Trustees of Eastern Illinois
University, the Board of | 14 | | Trustees of Governors State University, the Board of
| 15 | | Trustees of Illinois State University, the Board of | 16 | | Trustees of Northeastern
Illinois
University, the Board of | 17 | | Trustees of Northern Illinois University, the Board of
| 18 | | Trustees of Western Illinois University,
municipalities or | 19 | | other local governmental units, or other State | 20 | | constitutional
officers.
| 21 | | (7) "Public institutions of higher education" means | 22 | | the University of Illinois, Southern Illinois University, | 23 | | Chicago State University, Eastern Illinois University, | 24 | | Governors State University, Illinois State University, | 25 | | Northeastern Illinois University, Northern Illinois | 26 | | University, Western Illinois University, the public |
| | | HB4710 | - 7 - | LRB101 18215 RJF 67657 b |
|
| 1 | | community colleges of the State, and any other public | 2 | | universities, colleges, and community colleges now or | 3 | | hereafter established or authorized by the General | 4 | | Assembly.
| 5 | | (8) "Certification" means a determination made by the | 6 | | Council
or by one delegated authority from the Council to | 7 | | make certifications, or by
a State agency with statutory | 8 | | authority to make such a certification, that a
business | 9 | | entity is a business owned by a
minority, woman, or person | 10 | | with a disability for whatever
purpose. A business owned | 11 | | and controlled by women shall be certified as a | 12 | | "woman-owned business". A business owned and controlled by | 13 | | women who are also minorities shall be certified as both a | 14 | | "women-owned business" and a "minority-owned business".
| 15 | | (9) "Control" means the exclusive or ultimate and sole | 16 | | control of the
business including, but not limited to, | 17 | | capital investment and all other
financial matters, | 18 | | property, acquisitions, contract negotiations, legal
| 19 | | matters, officer-director-employee selection and | 20 | | comprehensive hiring,
operating responsibilities, | 21 | | cost-control matters, income and dividend
matters, | 22 | | financial transactions and rights of other shareholders or | 23 | | joint
partners. Control shall be real, substantial and | 24 | | continuing, not pro forma.
Control shall include the power | 25 | | to direct or cause the direction of the
management and | 26 | | policies of the business and to make the day-to-day as well
|
| | | HB4710 | - 8 - | LRB101 18215 RJF 67657 b |
|
| 1 | | as major decisions in matters of policy, management and | 2 | | operations.
Control shall be exemplified by possessing the | 3 | | requisite knowledge and
expertise to run the particular | 4 | | business and control shall not include
simple majority or | 5 | | absentee ownership.
| 6 | | (10) "Business" means a business that has annual gross | 7 | | sales of less than $75,000,000 as evidenced by the federal | 8 | | income tax return of the business. A firm with gross sales | 9 | | in excess of this cap may apply to the Council for | 10 | | certification for a particular contract if the firm can | 11 | | demonstrate that the contract would have significant | 12 | | impact on businesses owned by minorities, women, or persons | 13 | | with disabilities as suppliers or subcontractors or in | 14 | | employment of minorities, women, or persons with | 15 | | disabilities.
| 16 | | (11) "Utilization plan" means a form and additional | 17 | | documentations included in all bids or proposals that | 18 | | demonstrates a vendor's proposed utilization of vendors | 19 | | certified by the Business Enterprise Program to meet the | 20 | | targeted goal. The utilization plan shall demonstrate that | 21 | | the Vendor has either: (1) met the entire contract goal or | 22 | | (2) requested a full or partial waiver and made good faith | 23 | | efforts towards meeting the goal. | 24 | | (12) "Business Enterprise Program" means the Business | 25 | | Enterprise Program of the Department of Central Management | 26 | | Services. |
| | | HB4710 | - 9 - | LRB101 18215 RJF 67657 b |
|
| 1 | | (B) When a business is owned at least 51% by any | 2 | | combination of
minority persons, women, or persons with | 3 | | disabilities,
even though none of the 3 classes alone holds at | 4 | | least a 51% interest, the
ownership
requirement for purposes of | 5 | | this Act is considered to be met. The
certification category | 6 | | for the business is that of the class holding the
largest | 7 | | ownership
interest in the business. If 2 or more classes have | 8 | | equal ownership interests,
the certification category shall be | 9 | | determined by
the business.
| 10 | | (Source: P.A. 100-391, eff. 8-25-17; 101-601, eff. 1-1-20.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
|
|