Full Text of HB3299 103rd General Assembly
HB3299ham001 103RD GENERAL ASSEMBLY | Rep. Lawrence "Larry" Walsh, Jr. Filed: 3/6/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3299
| 2 | | AMENDMENT NO. ______. Amend House Bill 3299 by replacing | 3 | | everything after the enacting clause with the following:
| 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| 8 | | (Section scheduled to be repealed on June 30, 2024) | 9 | | Sec. 2.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 |
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| 1 | | and South America, including Central America, and who | 2 | | maintains tribal affiliation or community attachment). | 3 | | (b) Asian (a person having origins in any of the | 4 | | original peoples of the Far East, Southeast Asia, or | 5 | | the Indian subcontinent, including, but not limited | 6 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 7 | | Pakistan, the Philippine Islands, Thailand, and | 8 | | Vietnam). | 9 | | (c) Black or African American (a person having | 10 | | origins in any of the black racial groups of Africa). | 11 | | (d) Hispanic or Latino (a person of Cuban, | 12 | | Mexican, Puerto Rican, South or Central American, or | 13 | | other Spanish culture or origin, regardless of race). | 14 | | (e) Native Hawaiian or Other Pacific Islander (a | 15 | | person having origins in any of the original peoples | 16 | | of Hawaii, Guam, Samoa, or other Pacific Islands).
| 17 | | (2) "Woman" shall mean a person who is a citizen or | 18 | | lawful permanent
resident of the United States and who is | 19 | | of the female gender.
| 20 | | (2.05) "Person with a disability" means a person who | 21 | | is a citizen or
lawful resident of the United States and is | 22 | | a person qualifying as a person with a disability under | 23 | | subdivision (2.1) of this subsection (A).
| 24 | | (2.1) "Person with a disability" means a person with a | 25 | | severe physical or mental disability that:
| 26 | | (a) results from:
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| 1 | | amputation,
| 2 | | arthritis,
| 3 | | autism,
| 4 | | blindness,
| 5 | | burn injury,
| 6 | | cancer,
| 7 | | cerebral palsy,
| 8 | | Crohn's disease, | 9 | | cystic fibrosis,
| 10 | | deafness,
| 11 | | head injury,
| 12 | | heart disease,
| 13 | | hemiplegia,
| 14 | | hemophilia,
| 15 | | respiratory or pulmonary dysfunction,
| 16 | | an intellectual disability,
| 17 | | mental illness,
| 18 | | multiple sclerosis,
| 19 | | muscular dystrophy,
| 20 | | musculoskeletal disorders,
| 21 | | neurological disorders, including stroke and | 22 | | epilepsy,
| 23 | | paraplegia,
| 24 | | quadriplegia and other spinal cord conditions,
| 25 | | sickle cell anemia,
| 26 | | ulcerative colitis, |
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| 1 | | specific learning disabilities, or
| 2 | | end stage renal failure disease; and
| 3 | | (b) substantially limits one or more of the | 4 | | person's major life activities.
| 5 | | Another disability or combination of disabilities may | 6 | | also be considered
as a severe disability for the purposes | 7 | | of item (a) of this
subdivision (2.1) if it is determined | 8 | | by an evaluation of
rehabilitation potential to
cause a | 9 | | comparable degree of substantial functional limitation | 10 | | similar to
the specific list of disabilities listed in | 11 | | item (a) of this
subdivision (2.1).
| 12 | | (3) "Minority-owned business" means a business which | 13 | | 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 | 18 | | own it.
| 19 | | (4) "Women-owned business" means a business which is | 20 | | at least
51% owned by one or more women, or, in the case of | 21 | | a corporation, at
least 51% of the stock in which is owned | 22 | | by one or more women; and the
management and daily | 23 | | business operations of which are controlled by one or
more | 24 | | of the women who own it.
| 25 | | (4.1) "Business owned by a person with a disability" | 26 | | means a business
that is at least 51% owned by one or more |
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| 1 | | persons with a disability
and the management and daily | 2 | | business operations of which
are controlled by one or more | 3 | | of the persons with disabilities who own it. A
| 4 | | not-for-profit agency for persons with disabilities that | 5 | | is exempt from
taxation under Section 501 of the Internal | 6 | | Revenue Code of 1986 is also
considered a "business owned | 7 | | by a person with a disability".
| 8 | | (4.2) "Council" means the Business Enterprise Council | 9 | | for Minorities, Women, and Persons with Disabilities | 10 | | created under Section 5 of this Act.
| 11 | | (4.3) "Commission" means, unless the context clearly | 12 | | indicates otherwise, the Commission on Equity and | 13 | | Inclusion created under the Commission on Equity and | 14 | | Inclusion Act. | 15 | | (5) "State contracts" means all contracts entered into | 16 | | by the State, any agency or department thereof, or any | 17 | | public institution of higher education, including | 18 | | community college districts, regardless of the source of | 19 | | the funds with which the contracts are paid, which are not | 20 | | subject to federal reimbursement. "State contracts" does | 21 | | not include contracts awarded by a retirement system, | 22 | | pension fund, or investment board subject to Section | 23 | | 1-109.1 of the Illinois Pension Code or contracts for | 24 | | workforce development or technical assistance for | 25 | | businesses . This definition shall control over any | 26 | | existing definition under this Act or applicable |
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| 1 | | administrative rule.
| 2 | | "State construction contracts" means all State | 3 | | contracts entered
into by a State agency or public | 4 | | institution of higher education for the repair, | 5 | | remodeling,
renovation or
construction of a building or | 6 | | structure, or for the construction or
maintenance of a | 7 | | highway defined in Article 2 of the Illinois Highway
Code. | 8 | | "State construction contracts" does not include contracts | 9 | | for workforce development or technical assistance for | 10 | | businesses.
| 11 | | (6) "State agencies" shall mean all departments, | 12 | | officers, boards,
commissions, institutions and bodies | 13 | | politic and corporate of the State,
but does not include | 14 | | the Board of Trustees of the University of Illinois,
the | 15 | | Board of Trustees of Southern Illinois University,
the | 16 | | Board of Trustees
of Chicago State University, the Board | 17 | | of Trustees of Eastern Illinois
University, the Board of | 18 | | Trustees of Governors State University, the Board of
| 19 | | Trustees of Illinois State University, the Board of | 20 | | Trustees of Northeastern
Illinois
University, the Board of | 21 | | Trustees of Northern Illinois University, the Board of
| 22 | | Trustees of Western Illinois University,
municipalities or | 23 | | other local governmental units, or other State | 24 | | constitutional
officers.
| 25 | | (7) "Public institutions of higher education" means | 26 | | the University of Illinois, Southern Illinois University, |
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| 1 | | Chicago State University, Eastern Illinois University, | 2 | | Governors State University, Illinois State University, | 3 | | Northeastern Illinois University, Northern Illinois | 4 | | University, Western Illinois University, the public | 5 | | community colleges of the State, and any other public | 6 | | universities, colleges, and community colleges now or | 7 | | hereafter established or authorized by the General | 8 | | Assembly.
| 9 | | (8) "Certification" means a determination made by the | 10 | | Council
or by one delegated authority from the Council to | 11 | | make certifications, or by
a State agency with statutory | 12 | | authority to make such a certification, that a
business | 13 | | entity is a business owned by a
minority, woman, or person | 14 | | with a disability for whatever
purpose. A business owned | 15 | | and controlled by women shall be certified as a | 16 | | "woman-owned business". A business owned and controlled by | 17 | | women who are also minorities shall be certified as both a | 18 | | "women-owned business" and a "minority-owned business".
| 19 | | (9) "Control" means the exclusive or ultimate and sole | 20 | | control of the
business including, but not limited to, | 21 | | capital investment and all other
financial matters, | 22 | | property, acquisitions, contract negotiations, legal
| 23 | | matters, officer-director-employee selection and | 24 | | comprehensive hiring,
operating responsibilities, | 25 | | cost-control matters, income and dividend
matters, | 26 | | financial transactions and rights of other shareholders or |
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| 1 | | joint
partners. Control shall be real, substantial and | 2 | | continuing, not pro forma.
Control shall include the power | 3 | | to direct or cause the direction of the
management and | 4 | | policies of the business and to make the day-to-day as | 5 | | well
as major decisions in matters of policy, management | 6 | | and operations.
Control shall be exemplified by possessing | 7 | | the requisite knowledge and
expertise to run the | 8 | | particular business and control shall not include
simple | 9 | | majority or absentee ownership.
| 10 | | (10) "Business" means a business that has annual gross | 11 | | sales of less than $150,000,000 as evidenced by the | 12 | | federal income tax return of the business. A firm with | 13 | | gross sales in excess of this cap may apply to the Council | 14 | | for certification for a particular contract if the firm | 15 | | can demonstrate that the contract would have significant | 16 | | impact on businesses owned by minorities, women, or | 17 | | persons with disabilities as suppliers or subcontractors | 18 | | or in employment of minorities, women, or persons with | 19 | | disabilities. Firms with gross sales in excess of this cap
| 20 | | that are granted certification by the Council shall be
| 21 | | granted certification for the life of the contract,
| 22 | | including available renewals.
| 23 | | (11) "Utilization plan" means a form and additional | 24 | | documentations included in all bids or proposals that | 25 | | demonstrates a vendor's proposed utilization of vendors | 26 | | certified by the Business Enterprise Program to meet the |
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| 1 | | targeted goal. The utilization plan shall demonstrate that | 2 | | the Vendor has either: (1) met the entire contract goal or | 3 | | (2) requested a full or partial waiver and made good faith | 4 | | efforts towards meeting the goal. | 5 | | (12) "Business Enterprise Program" means the Business | 6 | | Enterprise Program of the Commission on Equity and | 7 | | Inclusion. | 8 | | (13) "Workforce development" means career training and | 9 | | networking if the career training or networking is | 10 | | designed to increase participation by underrepresented | 11 | | groups, including minorities, women, veterans, or | 12 | | residents of economically distressed communities. | 13 | | (14) "Technical assistance for businesses" means | 14 | | assistance to create business opportunities for small | 15 | | businesses that are minority-owned businesses, women-owned | 16 | | businesses, and veteran-owned businesses and to support | 17 | | those businesses. | 18 | | (B) When a business is owned at least 51% by any | 19 | | combination of
minority persons, women, or persons with | 20 | | disabilities,
even though none of the 3 classes alone holds at | 21 | | least a 51% interest, the
ownership
requirement for purposes | 22 | | of this Act is considered to be met. The
certification | 23 | | category for the business is that of the class holding the
| 24 | | largest ownership
interest in the business. If 2 or more | 25 | | classes have equal ownership interests,
the certification | 26 | | category shall be determined by
the business.
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| 1 | | (Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22; | 2 | | 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)".
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