Full Text of SB1381 95th General Assembly
SB1381eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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 a unit of local | 13 |
| government in Illinois, an Illinois school district, or an | 14 |
| Illinois community college under the Public Community College | 15 |
| Act. The intended contract must have been let pursuant to | 16 |
| competitive selection procedures reasonably comparable to | 17 |
| procedures used by the State of Illinois. The purchase must be | 18 |
| for substantially similar supplies or services and under the | 19 |
| same or better terms and conditions. Details of the | 20 |
| determination and intent to use another governmental entity's | 21 |
| contract shall be published in the appropriate volume of the | 22 |
| Illinois Procurement Bulletin for a period of 14 days prior to | 23 |
| execution of the new contract to allow for a challenge period |
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| to the determination of best interest. Contracts resulting from | 2 |
| this process shall contain all statutory provisions required by | 3 |
| Illinois law and rule. | 4 |
| "Unit of local government" is defined as provided in | 5 |
| Section 1 of Article VII of the Illinois Constitution. | 6 |
| (30 ILCS 500/25-85 new) | 7 |
| Sec. 25-85. Cooperative purchasing. Each chief procurement | 8 |
| officer may authorize, when in the best interest of the State, | 9 |
| without any method of source selection otherwise required by | 10 |
| this Code, a State agency to enter into agreements with other | 11 |
| State governmental entities, or consortia of other State | 12 |
| governmental entities, for the purpose of jointly procuring | 13 |
| supplies and services. The State of Illinois may act as the | 14 |
| lead or as a participant in such agreements. All solicitations | 15 |
| and awards resulting from any cooperative purchasing agreement | 16 |
| shall be published in the appropriate volume of the Illinois | 17 |
| Procurement Bulletin in compliance with current solicitation, | 18 |
| protest, and award publication requirements. Contracts | 19 |
| resulting from cooperative purchasing agreements shall contain | 20 |
| all statutory provisions required by Illinois law and rule. The | 21 |
| State procuring agency shall ensure Illinois distributors | 22 |
| participate to the maximum extent practicable. | 23 |
| Section 10. The Business Enterprise for Minorities, | 24 |
| Females, and Persons with
Disabilities Act is amended by |
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| changing Section 2 as follows:
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| (30 ILCS 575/2) (from Ch. 127, par. 132.602)
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| (Section scheduled to be repealed on September 6, 2008)
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| Sec. 2. Definitions.
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| (A) For the purpose of this Act, the following
terms shall | 6 |
| have the following definitions:
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| (1) "Minority person" shall mean a person who is a citizen | 8 |
| or lawful
permanent resident of the United States and who is:
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| (a) African American (a person having origins in any of | 10 |
| the
black racial groups in Africa);
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| (b) Hispanic (a person of Spanish or Portuguese culture | 12 |
| with origins in
Mexico, South or Central America, or the | 13 |
| Caribbean Islands, regardless of
race);
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| (c) Asian American (a person having origins in any of | 15 |
| the original
peoples of the Far East, Southeast Asia, the | 16 |
| Indian Subcontinent or the
Pacific Islands); or
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| (d) Native American or Alaskan Native (a person having
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| origins in any of
the original peoples of North America).
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| (2) "Female" shall mean a person who is a citizen or lawful | 20 |
| permanent
resident of the United States and who is of the | 21 |
| female gender.
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| (2.05) "Person with a disability" means a person who is a | 23 |
| citizen or
lawful resident of the United States and is a person | 24 |
| qualifying as being
disabled under subdivision (2.1) of this | 25 |
| subsection (A).
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| (2.1) "Disabled" means a severe physical or mental | 2 |
| disability that:
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| (a) results from:
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| amputation,
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| arthritis,
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| autism,
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| blindness,
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| burn injury,
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| cancer,
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| cerebral palsy,
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| cystic fibrosis,
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| deafness,
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| head injury,
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| heart disease,
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| hemiplegia,
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| hemophilia,
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| respiratory or pulmonary dysfunction,
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| mental retardation,
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| mental illness,
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| multiple sclerosis,
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| muscular dystrophy,
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| musculoskeletal disorders,
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| neurological disorders, including stroke and epilepsy,
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| paraplegia,
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| quadriplegia and other spinal cord conditions,
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| sickle cell anemia,
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| specific learning disabilities, or
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| end stage renal failure disease; and
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| (b) substantially limits one or more of the person's major | 4 |
| life activities.
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| Another disability or combination of disabilities may also | 6 |
| be considered
as a severe disability for the purposes of item | 7 |
| (a) of this
subdivision (2.1) if it is determined by an | 8 |
| evaluation of
rehabilitation potential to
cause a comparable | 9 |
| degree of substantial functional limitation similar to
the | 10 |
| specific list of disabilities listed in item (a) of this
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| subdivision (2.1).
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| (3) "Minority owned business" means a business concern | 13 |
| which is at least
51% owned by one or more minority persons, or | 14 |
| in the case of a
corporation, at least 51% of the stock in | 15 |
| which is owned by one or
more minority persons; and the | 16 |
| management and daily business operations of
which are | 17 |
| controlled by one or more of the minority individuals who own | 18 |
| it.
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| (4) "Female owned business" means a business concern which | 20 |
| is at least
51% owned by one or more females, or, in the case of | 21 |
| a corporation, at
least 51% of the stock in which is owned by | 22 |
| one or more females; and the
management and daily business | 23 |
| operations of which are controlled by one or
more of the | 24 |
| females who own it.
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| (4.1) "Business owned by a person with a disability" means | 26 |
| a business
concern
that is at least 51% owned by one or more |
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| persons with a disability
and the management and daily business | 2 |
| operations of which
are controlled by one or more of the | 3 |
| persons with disabilities who own it. A
not-for-profit agency | 4 |
| for persons with disabilities that is exempt from
taxation | 5 |
| under Section 501 of the Internal Revenue Code of 1986 is also
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| considered a "business owned by a person with a disability".
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| (4.2) "Council" means the Business Enterprise Council for | 8 |
| Minorities,
Females, and Persons with Disabilities created | 9 |
| under Section 5 of this Act.
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| (5) "State contracts" shall mean all State contracts, | 11 |
| funded exclusively
with State funds which are not subject to | 12 |
| federal reimbursement, whether
competitively bid or negotiated | 13 |
| as defined by the Secretary of the Council
and approved by the | 14 |
| Council.
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| "State construction contracts" means all State contracts | 16 |
| entered
into by a State agency or State university for the | 17 |
| repair, remodeling,
renovation or
construction of a building or | 18 |
| structure, or for the construction or
maintenance of a highway | 19 |
| defined in Article 2 of the Illinois Highway
Code.
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| (6) "State agencies" shall mean all departments, officers, | 21 |
| boards,
commissions, institutions and bodies politic and | 22 |
| corporate of the State,
but does not include the Board of | 23 |
| Trustees of the University of Illinois,
the Board of Trustees | 24 |
| of Southern Illinois University,
the Board of Trustees
of | 25 |
| Chicago State University, the Board of Trustees of Eastern | 26 |
| Illinois
University, the Board of Trustees of Governors State |
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| University, the Board of
Trustees of Illinois State University, | 2 |
| the Board of Trustees of Northeastern
Illinois
University, the | 3 |
| Board of Trustees of Northern Illinois University, the Board of
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| Trustees of Western Illinois University,
municipalities or | 5 |
| other local governmental units, or other State constitutional
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| officers.
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| (7) "State universities" shall mean the Board of Trustees | 8 |
| of the
University of Illinois, the Board of Trustees of | 9 |
| Southern Illinois
University,
the Board of Trustees of Chicago | 10 |
| State University, the Board of
Trustees of Eastern Illinois | 11 |
| University, the Board of Trustees of Governors
State | 12 |
| University, the Board of Trustees of Illinois State University, | 13 |
| the Board
of Trustees of Northeastern Illinois University, the | 14 |
| Board of Trustees of
Northern Illinois University, and the | 15 |
| Board of Trustees of Western Illinois
University.
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| (8) "Certification" means a determination made by the | 17 |
| Council
or by one delegated authority from the Council to make | 18 |
| certifications, or by
a State agency with statutory authority | 19 |
| to make such a certification, that a
business entity is a | 20 |
| business owned by a
minority, female, or person with a | 21 |
| disability for whatever
purpose.
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| (9) "Control" means the exclusive or ultimate and sole | 23 |
| control of the
business including, but not limited to, capital | 24 |
| investment and all other
financial matters, property, | 25 |
| acquisitions, contract negotiations, legal
matters, | 26 |
| officer-director-employee selection and comprehensive hiring,
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| operating responsibilities, cost-control matters, income and | 2 |
| dividend
matters, financial transactions and rights of other | 3 |
| shareholders or joint
partners. Control shall be real, | 4 |
| substantial and continuing, not pro forma.
Control shall | 5 |
| include the power to direct or cause the direction of the
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| management and policies of the business and to make the | 7 |
| day-to-day as well
as major decisions in matters of policy, | 8 |
| management and operations.
Control shall be exemplified by | 9 |
| possessing the requisite knowledge and
expertise to run the | 10 |
| particular business and control shall not include
simple | 11 |
| majority or absentee ownership.
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| (10) "Business concern or business" means a business that | 13 |
| has average annual gross sales over the 3 most recent calendar | 14 |
| years of less than $31,400,000 as evidenced by the federal | 15 |
| income tax return of the business. Each July 1 this cap shall | 16 |
| be adjusted for inflation as determined by the Consumer Price | 17 |
| Index for All Urban Consumers as determined by the United | 18 |
| States Department of Labor and rounded to the nearest $100. A | 19 |
| firm with gross sales in excess of this cap may apply to the | 20 |
| Council for certification for a particular contract if the firm | 21 |
| can demonstrate that the contract would have significant impact | 22 |
| on businesses owned by minorities, females, or persons with | 23 |
| disabilities as suppliers or subcontractors or in employment of | 24 |
| minorities, females, or persons with disabilities.
"Business | 25 |
| concern or business" means a business which
has annual gross | 26 |
| sales for the most recent fiscal year
of less than $27,000,000,
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| except that a firm with gross sales in excess
of that amount | 2 |
| may apply to the Council for certification
for a particular
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| contract if the firm can demonstrate that the contract would | 4 |
| have
significant impact on businesses owned by minorities,
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| females, or persons with disabilities as suppliers or
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| subcontractors or in employment of minorities, females, or | 7 |
| persons with
disabilities.
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| (B) When a business concern is owned at least 51% by any | 9 |
| combination of
minority persons, females, or persons with | 10 |
| disabilities,
even though none of the 3 classes alone holds at | 11 |
| least a 51% interest, the
ownership
requirement for purposes of | 12 |
| this Act is considered to be met. The
certification category | 13 |
| for the business is that of the class holding the
largest | 14 |
| ownership
interest in the business. If 2 or more classes have | 15 |
| equal ownership interests,
the certification category shall be | 16 |
| determined by
the Department of Central Management Services.
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| (Source: P.A. 92-670, eff. 7-16-02 .)
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