Rep. Robyn Gabel
Filed: 12/3/2014
 
 

 

 

 
09800SB0636ham007LRB098 23521 RPS 62718 a



1
AMENDMENT TO SENATE BILL 636 




2    AMENDMENT NO. ______. Amend Senate Bill 636, AS AMENDED, 
3with reference to page and line numbers of House Amendment No. 
46, as follows:

 
5on page 44, immediately below line 23, by inserting the 
6following:
 
7    "Section 27. The Business Enterprise for Minorities, 
8Females, and Persons with
Disabilities Act is amended  by 
9changing Section 2 as follows:
 
 

10    (30 ILCS 575/2)

 
  
11    (Section scheduled to be repealed on June 30, 2016)
12    Sec. 2. Definitions. 

13    (A) For the purpose of this Act, the following
terms shall 
14have the following definitions:

15        (1) "Minority person" shall mean a person who is a 
 
 
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1    citizen or lawful
permanent resident of the United States 
2    and who is  any of the following:

3            (a) American Indian or Alaska Native (a person 
4        having origins in any of the original peoples of North 
5        and South America, including Central America, and who 
6        maintains tribal affiliation or community attachment).
7            (b) Asian (a person having origins in any of the 
8        original peoples of the Far East, Southeast Asia, or 
9        the Indian subcontinent, including, but not limited 
10        to, Cambodia, China, India, Japan, Korea, Malaysia, 
11        Pakistan, the Philippine Islands, Thailand, and 
12        Vietnam).
13            (c) Black or African American (a person having 
14        origins in any of the black racial groups of Africa). 
15        Terms such as "Haitian" or "Negro" can be used in 
16        addition to "Black or African American".
17            (d) Hispanic or Latino (a person of Cuban, Mexican, 
18        Puerto Rican, South or Central American, or other 
19        Spanish culture or origin, regardless of race).
20            (e) Native Hawaiian or Other Pacific Islander (a 
21        person having origins in any of the original peoples of 
22        Hawaii, Guam, Samoa, or other Pacific Islands).




23        (2) "Female" shall mean a person who is a citizen or 
24    lawful permanent
resident of the United States and who is 
25    of the female gender.

26        (2.05) "Person with a disability" means a person who is 
 
 
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1    a citizen or
lawful resident of the United States and is a 
2    person qualifying as being
disabled under subdivision 
3    (2.1) of this subsection (A).

4        (2.1) "Disabled" means a severe physical or mental 
5    disability that:

6            (a) results from:

7            amputation,

8            arthritis,

9            autism,

10            blindness,

11            burn injury,

12            cancer,

13            cerebral palsy,

14            Crohn's disease, 
15            cystic fibrosis,

16            deafness,

17            head injury,

18            heart disease,

19            hemiplegia,

20            hemophilia,

21            respiratory or pulmonary dysfunction,

22            an intellectual disability,

23            mental illness,

24            multiple sclerosis,

25            muscular dystrophy,

26            musculoskeletal disorders,

 
 
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1            neurological disorders, including stroke and 
2        epilepsy,

3            paraplegia,

4            quadriplegia and other spinal cord conditions,

5            sickle cell anemia,

6            ulcerative colitis, 
7            specific learning disabilities, or

8            end stage renal failure disease; and

9            (b) substantially limits one or more of the 
10        person's major life activities.

11        Another disability or combination of disabilities may 
12    also be considered
as a severe disability for the purposes 
13    of item (a) of this
subdivision (2.1) if it is determined 
14    by an evaluation of
rehabilitation potential to
cause a 
15    comparable degree of substantial functional limitation 
16    similar to
the specific list of disabilities listed in item 
17    (a) of this
subdivision (2.1).

18        (3) "Minority owned business" means a business concern 
19    which is at least
51% owned by one or more minority 
20    persons, or in the case of a
corporation, at least 51% of 
21    the stock in which is owned by one or
more minority 
22    persons; and the management and daily business operations 
23    of
which are controlled by one or more of the minority 
24    individuals who own it.

25        (4) "Female owned business" means a business concern 
26    which is at least
51% owned by one or more females, or, in 
 
 
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1    the case of a corporation, at
least 51% of the stock in 
2    which is owned by one or more females; and the
management 
3    and daily business operations of which are controlled by 
4    one or
more of the females who own it.

5        (4.1) "Business owned by a person with a disability" 
6    means a business
concern
that is at least 51% owned by one 
7    or more persons with a disability
and the management and 
8    daily business operations of which
are controlled by one or 
9    more of the persons with disabilities who own it.  A

10    not-for-profit agency for persons with disabilities that 
11    is exempt from
taxation under Section 501 of the Internal 
12    Revenue Code of 1986 is also
considered a "business owned 
13    by a person with a disability".

14        (4.2) "Council" means the Business Enterprise Council 
15    for Minorities,
Females, and Persons with Disabilities 
16    created under Section 5 of this Act.

17        (5) "State contracts" shall mean all State contracts, 
18    funded exclusively
with State funds which are not subject 
19    to federal reimbursement, whether
competitively bid or 
20    negotiated as defined by the Secretary of the Council
and 
21    approved by the Council.

22        "State construction contracts" means all State 
23    contracts entered
into  by a State agency or State 
24    university for the repair, remodeling,
renovation or

25    construction of a building or structure, or for the 
26    construction or
maintenance of a highway defined in Article 
 
 
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1    2 of the Illinois Highway
Code.

2        (6) "State agencies" shall mean all departments, 
3    officers, boards,
commissions, institutions and bodies 
4    politic and corporate of the State,
but does not include 
5    the Board of Trustees of the University of Illinois,
the 
6    Board of Trustees of Southern Illinois University,
the 
7    Board of Trustees
of Chicago State University, the Board of 
8    Trustees of Eastern Illinois
University, the Board of 
9    Trustees of Governors State University, the Board of

10    Trustees of Illinois State University, the Board of 
11    Trustees of Northeastern
Illinois
University, the Board of 
12    Trustees of Northern Illinois University, the Board of

13    Trustees of Western Illinois University,
municipalities or 
14    other local governmental units, or other State 
15    constitutional
officers. "State agencies" shall include 
16    the Illinois Health Benefits Exchange. 

17        (7) "State universities" shall mean the Board of 
18    Trustees of the
University of Illinois, the Board of 
19    Trustees of Southern Illinois
University,
the Board of 
20    Trustees of Chicago State University, the Board of
Trustees 
21    of Eastern Illinois University, the Board of Trustees of 
22    Governors
State University, the Board of Trustees of 
23    Illinois State University, the Board
of Trustees of 
24    Northeastern Illinois University, the Board of Trustees of

25    Northern Illinois University, and the Board of Trustees of 
26    Western Illinois
University.

 
 
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1        (8) "Certification"  means a determination made by the 
2    Council
or by one delegated authority from the Council to 
3    make certifications, or by
a State agency with statutory 
4    authority to make such a certification, that a
business 
5    entity is a business owned by a
minority, female, or person 
6    with a disability for whatever
purpose. A business owned 
7    and controlled by females shall be certified as a "female 
8    owned business". A business owned and controlled by females 
9    who are also minorities shall be certified as both a 
10    "female owned business" and a "minority owned business".

11        (9) "Control" means the exclusive or ultimate and sole 
12    control of the
business including, but not limited to, 
13    capital investment and all other
financial matters, 
14    property, acquisitions, contract negotiations, legal

15    matters, officer-director-employee selection and 
16    comprehensive hiring,
operating responsibilities, 
17    cost-control matters, income and dividend
matters, 
18    financial transactions and rights of other shareholders or 
19    joint
partners. Control shall be real, substantial and 
20    continuing, not pro forma.
Control shall include the power 
21    to direct or cause the direction of the
management and 
22    policies of the business and to make the day-to-day as well

23    as major decisions in matters of policy, management and 
24    operations.
Control shall be exemplified by possessing the 
25    requisite knowledge and
expertise to run the particular 
26    business and control shall not include
simple majority or 
 
 
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1    absentee ownership.

2        (10) "Business concern or business" means a business 
3    that has annual gross sales of less than $75,000,000 as 
4    evidenced by the federal income tax return of the business.   
5    A firm with gross sales in excess of this cap may apply to 
6    the Council for certification for a particular contract if 
7    the firm can demonstrate that the contract would have 
8    significant impact on businesses owned by minorities, 
9    females, or persons with disabilities as suppliers or 
10    subcontractors or in employment of minorities, females, or 
11    persons with disabilities.

12    (B) When a business concern is owned at least 51% by any 
13combination of
minority persons, females, or persons with 
14disabilities,
even though none of the 3 classes alone holds at 
15least a 51% interest, the
ownership
requirement for purposes of 
16this Act is considered to be met.  The
certification category 
17for the business is that of the class holding the
largest 
18ownership
interest in the business.  If 2 or more classes have 
19equal ownership interests,
the certification category shall be 
20determined by
the business concern.

21(Source: P.A. 97-227, eff. 1-1-12; 97-396, eff. 1-1-12; 97-813, 
22eff. 7-13-12; 98-95, eff. 7-17-13.)".