Public Act 098-0095
 
SB2320 EnrolledLRB098 06362 OMW 36404 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by
changing Section 2 as follows:
 
    (30 ILCS 575/2)
    (Section scheduled to be repealed on June 30, 2016)
    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) "Female" 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 being disabled under subdivision
    (2.1) of this subsection (A).
        (2.1) "Disabled" means 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 concern
    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) "Female owned business" means a business concern
    which is at least 51% owned by one or more females, or, in
    the case of a corporation, at least 51% of the stock in
    which is owned by one or more females; and the management
    and daily business operations of which are controlled by
    one or more of the females who own it.
        (4.1) "Business owned by a person with a disability"
    means a business concern 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, Females, and Persons with Disabilities
    created under Section 5 of this Act.
        (5) "State contracts" shall mean all State contracts,
    funded exclusively with State funds which are not subject
    to federal reimbursement, whether competitively bid or
    negotiated as defined by the Secretary of the Council and
    approved by the Council.
        "State construction contracts" means all State
    contracts entered into by a State agency or State
    university 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) "State universities" shall mean 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, and the Board of Trustees of
    Western Illinois University.
        (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, female, or person
    with a disability for whatever purpose. A business owned
    and controlled by females shall be certified as a "Female
    owned business". A business owned and controlled by females
    who are also minorities shall be certified as both a
    "Female owned business" and a "Minority owned business".
    shall select and designate whether such business is to be
    certified as a "Female-owned business" or "Minority-owned
    business" if the females are also minorities.
        (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 concern or 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,
    females, or persons with disabilities as suppliers or
    subcontractors or in employment of minorities, females, or
    persons with disabilities.
    (B) When a business concern is owned at least 51% by any
combination of minority persons, females, 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 concern.
(Source: P.A. 96-453, eff. 8-14-09; 96-795, eff. 7-1-10 (see
Section 5 of P.A. 96-793 for effective date of changes made by
P.A. 96-795); 96-1000, eff. 7-2-10; 97-227, eff. 1-1-12;
97-396, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 07/17/2013