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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Procurement Code is amended by | ||||||
5 | adding Sections 25-80 and 25-85 as follows: | ||||||
6 | (30 ILCS 500/25-80 new) | ||||||
7 | Sec. 25-80. Government contracts. Each chief procurement | ||||||
8 | officer may authorize, when in the best interest of the State, | ||||||
9 | a State agency to procure supplies and services, including but | ||||||
10 | not limited to technology supplies and services, without any | ||||||
11 | method of source selection otherwise required by this Code, | ||||||
12 | from a vendor with a current contract with an Illinois | ||||||
13 | municipality of 500,000 or more population. The intended | ||||||
14 | contract must have been let pursuant to competitive selection | ||||||
15 | procedures reasonably comparable to procedures used by the | ||||||
16 | State of Illinois. The purchase must be for substantially | ||||||
17 | similar supplies or services and under the same or better terms | ||||||
18 | and conditions. Details of the determination and intent to use | ||||||
19 | the municipality's contract shall be published in the | ||||||
20 | appropriate volume of the Illinois Procurement Bulletin for a | ||||||
21 | period of 14 days prior to execution of the new contract to | ||||||
22 | allow for a challenge period to the determination of best | ||||||
23 | interest. Contracts resulting from this process shall contain |
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1 | all statutory provisions required by Illinois law and rule. | ||||||
2 | (30 ILCS 500/25-85 new) | ||||||
3 | Sec. 25-85. Cooperative purchasing. Each chief procurement | ||||||
4 | officer may authorize, when in the best interest of the State, | ||||||
5 | without any method of source selection otherwise required by | ||||||
6 | this Code, a State agency to enter into agreements with other | ||||||
7 | State governmental entities, or consortia of other State | ||||||
8 | governmental entities, for the purpose of jointly procuring | ||||||
9 | supplies and services. The State of Illinois may act as the | ||||||
10 | lead or as a participant in such agreements. All solicitations | ||||||
11 | and awards resulting from any cooperative purchasing agreement | ||||||
12 | shall be published in the appropriate volume of the Illinois | ||||||
13 | Procurement Bulletin in compliance with current solicitation, | ||||||
14 | protest, and award publication requirements. Contracts | ||||||
15 | resulting from cooperative purchasing agreements shall contain | ||||||
16 | all statutory provisions required by Illinois law and rule. The | ||||||
17 | State procuring agency shall ensure Illinois distributors | ||||||
18 | participate to the maximum extent practicable. | ||||||
19 | Section 10. The Business Enterprise for Minorities, | ||||||
20 | Females, and Persons with
Disabilities Act is amended by | ||||||
21 | changing Section 2 as follows:
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22 | (30 ILCS 575/2) (from Ch. 127, par. 132.602)
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23 | (Section scheduled to be repealed on September 6, 2008)
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1 | Sec. 2. Definitions.
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2 | (A) For the purpose of this Act, the following
terms shall | ||||||
3 | have the following definitions:
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4 | (1) "Minority person" shall mean a person who is a citizen | ||||||
5 | or lawful
permanent resident of the United States and who is:
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6 | (a) African American (a person having origins in any of | ||||||
7 | the
black racial groups in Africa);
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8 | (b) Hispanic (a person of Spanish or Portuguese culture | ||||||
9 | with origins in
Mexico, South or Central America, or the | ||||||
10 | Caribbean Islands, regardless of
race);
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11 | (c) Asian American (a person having origins in any of | ||||||
12 | the original
peoples of the Far East, Southeast Asia, the | ||||||
13 | Indian Subcontinent or the
Pacific Islands); or
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14 | (d) Native American or Alaskan Native (a person having
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15 | origins in any of
the original peoples of North America).
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16 | (2) "Female" shall mean a person who is a citizen or lawful | ||||||
17 | permanent
resident of the United States and who is of the | ||||||
18 | female gender.
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19 | (2.05) "Person with a disability" means a person who is a | ||||||
20 | citizen or
lawful resident of the United States and is a person | ||||||
21 | qualifying as being
disabled under subdivision (2.1) of this | ||||||
22 | subsection (A).
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23 | (2.1) "Disabled" means a severe physical or mental | ||||||
24 | disability that:
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25 | (a) results from:
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26 | amputation,
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1 | arthritis,
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2 | autism,
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3 | blindness,
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4 | burn injury,
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5 | cancer,
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6 | cerebral palsy,
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7 | cystic fibrosis,
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8 | deafness,
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9 | head injury,
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10 | heart disease,
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11 | hemiplegia,
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12 | hemophilia,
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13 | respiratory or pulmonary dysfunction,
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14 | mental retardation,
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15 | mental illness,
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16 | multiple sclerosis,
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17 | muscular dystrophy,
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18 | musculoskeletal disorders,
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19 | neurological disorders, including stroke and epilepsy,
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20 | paraplegia,
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21 | quadriplegia and other spinal cord conditions,
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22 | sickle cell anemia,
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23 | specific learning disabilities, or
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24 | end stage renal failure disease; and
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25 | (b) substantially limits one or more of the person's major | ||||||
26 | life activities.
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1 | Another disability or combination of disabilities may also | ||||||
2 | be considered
as a severe disability for the purposes of item | ||||||
3 | (a) of this
subdivision (2.1) if it is determined by an | ||||||
4 | evaluation of
rehabilitation potential to
cause a comparable | ||||||
5 | degree of substantial functional limitation similar to
the | ||||||
6 | specific list of disabilities listed in item (a) of this
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7 | subdivision (2.1).
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8 | (3) "Minority owned business" means a business concern | ||||||
9 | which is at least
51% owned by one or more minority persons, or | ||||||
10 | in the case of a
corporation, at least 51% of the stock in | ||||||
11 | which is owned by one or
more minority persons; and the | ||||||
12 | management and daily business operations of
which are | ||||||
13 | controlled by one or more of the minority individuals who own | ||||||
14 | it.
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15 | (4) "Female owned business" means a business concern which | ||||||
16 | is at least
51% owned by one or more females, or, in the case of | ||||||
17 | a corporation, at
least 51% of the stock in which is owned by | ||||||
18 | one or more females; and the
management and daily business | ||||||
19 | operations of which are controlled by one or
more of the | ||||||
20 | females who own it.
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21 | (4.1) "Business owned by a person with a disability" means | ||||||
22 | a business
concern
that is at least 51% owned by one or more | ||||||
23 | persons with a disability
and the management and daily business | ||||||
24 | operations of which
are controlled by one or more of the | ||||||
25 | persons with disabilities who own it. A
not-for-profit agency | ||||||
26 | for persons with disabilities that is exempt from
taxation |
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1 | under Section 501 of the Internal Revenue Code of 1986 is also
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2 | considered a "business owned by a person with a disability".
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3 | (4.2) "Council" means the Business Enterprise Council for | ||||||
4 | Minorities,
Females, and Persons with Disabilities created | ||||||
5 | under Section 5 of this Act.
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6 | (5) "State contracts" shall mean all State contracts, | ||||||
7 | funded exclusively
with State funds which are not subject to | ||||||
8 | federal reimbursement, whether
competitively bid or negotiated | ||||||
9 | as defined by the Secretary of the Council
and approved by the | ||||||
10 | Council.
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11 | "State construction contracts" means all State contracts | ||||||
12 | entered
into by a State agency or State university for the | ||||||
13 | repair, remodeling,
renovation or
construction of a building or | ||||||
14 | structure, or for the construction or
maintenance of a highway | ||||||
15 | defined in Article 2 of the Illinois Highway
Code.
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16 | (6) "State agencies" shall mean all departments, officers, | ||||||
17 | boards,
commissions, institutions and bodies politic and | ||||||
18 | corporate of the State,
but does not include the Board of | ||||||
19 | Trustees of the University of Illinois,
the Board of Trustees | ||||||
20 | of Southern Illinois University,
the Board of Trustees
of | ||||||
21 | Chicago State University, the Board of Trustees of Eastern | ||||||
22 | Illinois
University, the Board of Trustees of Governors State | ||||||
23 | University, the Board of
Trustees of Illinois State University, | ||||||
24 | the Board of Trustees of Northeastern
Illinois
University, the | ||||||
25 | Board of Trustees of Northern Illinois University, the Board of
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26 | Trustees of Western Illinois University,
municipalities or |
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1 | other local governmental units, or other State constitutional
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2 | officers.
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3 | (7) "State universities" shall mean the Board of Trustees | ||||||
4 | of the
University of Illinois, the Board of Trustees of | ||||||
5 | Southern Illinois
University,
the Board of Trustees of Chicago | ||||||
6 | State University, the Board of
Trustees of Eastern Illinois | ||||||
7 | University, the Board of Trustees of Governors
State | ||||||
8 | University, the Board of Trustees of Illinois State University, | ||||||
9 | the Board
of Trustees of Northeastern Illinois University, the | ||||||
10 | Board of Trustees of
Northern Illinois University, and the | ||||||
11 | Board of Trustees of Western Illinois
University.
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12 | (8) "Certification" means a determination made by the | ||||||
13 | Council
or by one delegated authority from the Council to make | ||||||
14 | certifications, or by
a State agency with statutory authority | ||||||
15 | to make such a certification, that a
business entity is a | ||||||
16 | business owned by a
minority, female, or person with a | ||||||
17 | disability for whatever
purpose.
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18 | (9) "Control" means the exclusive or ultimate and sole | ||||||
19 | control of the
business including, but not limited to, capital | ||||||
20 | investment and all other
financial matters, property, | ||||||
21 | acquisitions, contract negotiations, legal
matters, | ||||||
22 | officer-director-employee selection and comprehensive hiring,
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23 | operating responsibilities, cost-control matters, income and | ||||||
24 | dividend
matters, financial transactions and rights of other | ||||||
25 | shareholders or joint
partners. Control shall be real, | ||||||
26 | substantial and continuing, not pro forma.
Control shall |
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1 | include the power to direct or cause the direction of the
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2 | management and policies of the business and to make the | ||||||
3 | day-to-day as well
as major decisions in matters of policy, | ||||||
4 | management and operations.
Control shall be exemplified by | ||||||
5 | possessing the requisite knowledge and
expertise to run the | ||||||
6 | particular business and control shall not include
simple | ||||||
7 | majority or absentee ownership.
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8 | (10) "Business concern or business" means a business that | ||||||
9 | has average annual gross sales over the 3 most recent calendar | ||||||
10 | years of less than $31,400,000 as evidenced by the federal | ||||||
11 | income tax return of the business. Each July 1 this cap shall | ||||||
12 | be adjusted for inflation as determined by the Consumer Price | ||||||
13 | Index for All Urban Consumers as determined by the United | ||||||
14 | States Department of Labor and rounded to the nearest $100. A | ||||||
15 | firm with gross sales in excess of this cap may apply to the | ||||||
16 | Council for certification for a particular contract if the firm | ||||||
17 | can demonstrate that the contract would have significant impact | ||||||
18 | on businesses owned by minorities, females, or persons with | ||||||
19 | disabilities as suppliers or subcontractors or in employment of | ||||||
20 | minorities, females, or persons with disabilities.
"Business | ||||||
21 | concern or business" means a business which
has annual gross | ||||||
22 | sales for the most recent fiscal year
of less than $27,000,000,
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23 | except that a firm with gross sales in excess
of that amount | ||||||
24 | may apply to the Council for certification
for a particular
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25 | contract if the firm can demonstrate that the contract would | ||||||
26 | have
significant impact on businesses owned by minorities,
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1 | females, or persons with disabilities as suppliers or
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2 | subcontractors or in employment of minorities, females, or | ||||||
3 | persons with
disabilities.
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4 | (B) When a business concern is owned at least 51% by any | ||||||
5 | combination of
minority persons, females, or persons with | ||||||
6 | disabilities,
even though none of the 3 classes alone holds at | ||||||
7 | least a 51% interest, the
ownership
requirement for purposes of | ||||||
8 | this Act is considered to be met. The
certification category | ||||||
9 | for the business is that of the class holding the
largest | ||||||
10 | ownership
interest in the business. If 2 or more classes have | ||||||
11 | equal ownership interests,
the certification category shall be | ||||||
12 | determined by
the Department of Central Management Services.
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13 | (Source: P.A. 92-670, eff. 7-16-02 .)
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