Full Text of SB2363 98th General Assembly
SB2363 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2363 Introduced 2/15/2013, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED: |
| 30 ILCS 575/2 | | 50 ILCS 510/3 | from Ch. 85, par. 6403 | 50 ILCS 510/4 | from Ch. 85, par. 6404 | 50 ILCS 510/5 | from Ch. 85, par. 6405 | 50 ILCS 510/6 | from Ch. 85, par. 6406 |
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Amends the Business Enterprise for Minorities, Females, and Persons with
Disabilities Act. Specifies that a board of trustees of a community college district qualifies as a State university for the purposes of the Act. Amends the Local Government Professional Services Selection Act. Provides that a community college district does not qualify as a political subdivision qualifies for the purposes of the Act. Deletes a provision that exempted from the Act's notice, evaluation, and selection requirements those political subdivisions that have a satisfactory relationship for services with one or more firms. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Business Enterprise for Minorities, | 5 | | Females, and Persons with
Disabilities Act is amended by | 6 | | changing Section 2 as follows:
| 7 | | (30 ILCS 575/2)
| 8 | | (Section scheduled to be repealed on June 30, 2016) | 9 | | Sec. 2.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 | 17 | | and South America, including Central America, and who | 18 | | maintains tribal affiliation or community attachment). | 19 | | (b) Asian (a person having origins in any of the | 20 | | original peoples of the Far East, Southeast Asia, or | 21 | | the Indian subcontinent, including, but not limited | 22 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 23 | | Pakistan, the Philippine Islands, Thailand, and |
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| 1 | | Vietnam). | 2 | | (c) Black or African American (a person having | 3 | | origins in any of the black racial groups of Africa). | 4 | | Terms such as "Haitian" or "Negro" can be used in | 5 | | addition to "Black or African American". | 6 | | (d) Hispanic or Latino (a person of Cuban, Mexican, | 7 | | Puerto Rican, South or Central American, or other | 8 | | Spanish culture or origin, regardless of race). | 9 | | (e) Native Hawaiian or Other Pacific Islander (a | 10 | | person having origins in any of the original peoples of | 11 | | Hawaii, Guam, Samoa, or other Pacific Islands).
| 12 | | (2) "Female" shall mean a person who is a citizen or | 13 | | lawful permanent
resident of the United States and who is | 14 | | of the female gender.
| 15 | | (2.05) "Person with a disability" means a person who is | 16 | | a citizen or
lawful resident of the United States and is a | 17 | | person qualifying as being
disabled under subdivision | 18 | | (2.1) of this subsection (A).
| 19 | | (2.1) "Disabled" means a severe physical or mental | 20 | | disability that:
| 21 | | (a) results from:
| 22 | | amputation,
| 23 | | arthritis,
| 24 | | autism,
| 25 | | blindness,
| 26 | | burn injury,
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| 1 | | cancer,
| 2 | | cerebral palsy,
| 3 | | Crohn's disease, | 4 | | cystic fibrosis,
| 5 | | deafness,
| 6 | | head injury,
| 7 | | heart disease,
| 8 | | hemiplegia,
| 9 | | hemophilia,
| 10 | | respiratory or pulmonary dysfunction,
| 11 | | an intellectual disability,
| 12 | | mental illness,
| 13 | | multiple sclerosis,
| 14 | | muscular dystrophy,
| 15 | | musculoskeletal disorders,
| 16 | | neurological disorders, including stroke and | 17 | | epilepsy,
| 18 | | paraplegia,
| 19 | | quadriplegia and other spinal cord conditions,
| 20 | | sickle cell anemia,
| 21 | | ulcerative colitis, | 22 | | specific learning disabilities, or
| 23 | | end stage renal failure disease; and
| 24 | | (b) substantially limits one or more of the | 25 | | person's major life activities.
| 26 | | Another disability or combination of disabilities may |
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| 1 | | also be considered
as a severe disability for the purposes | 2 | | of item (a) of this
subdivision (2.1) if it is determined | 3 | | by an evaluation of
rehabilitation potential to
cause a | 4 | | comparable degree of substantial functional limitation | 5 | | similar to
the specific list of disabilities listed in item | 6 | | (a) of this
subdivision (2.1).
| 7 | | (3) "Minority owned business" means a business concern | 8 | | which is at least
51% owned by one or more minority | 9 | | persons, or in the case of a
corporation, at least 51% of | 10 | | the stock in which is owned by one or
more minority | 11 | | persons; and the management and daily business operations | 12 | | of
which are controlled by one or more of the minority | 13 | | individuals who own it.
| 14 | | (4) "Female owned business" means a business concern | 15 | | which is at least
51% owned by one or more females, or, in | 16 | | the case of a corporation, at
least 51% of the stock in | 17 | | which is owned by one or more females; and the
management | 18 | | and daily business operations of which are controlled by | 19 | | one or
more of the females who own it.
| 20 | | (4.1) "Business owned by a person with a disability" | 21 | | means a business
concern
that is at least 51% owned by one | 22 | | or more persons with a disability
and the management and | 23 | | daily business operations of which
are controlled by one or | 24 | | more of the persons with disabilities who own it. A
| 25 | | not-for-profit agency for persons with disabilities that | 26 | | is exempt from
taxation under Section 501 of the Internal |
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| 1 | | Revenue Code of 1986 is also
considered a "business owned | 2 | | by a person with a disability".
| 3 | | (4.2) "Council" means the Business Enterprise Council | 4 | | for Minorities,
Females, and Persons with Disabilities | 5 | | created under Section 5 of this Act.
| 6 | | (5) "State contracts" shall mean all State contracts, | 7 | | funded exclusively
with State funds which are not subject | 8 | | to federal reimbursement, whether
competitively bid or | 9 | | negotiated as defined by the Secretary of the Council
and | 10 | | approved by the Council.
| 11 | | "State construction contracts" means all State | 12 | | contracts entered
into by a State agency or State | 13 | | university for the repair, remodeling,
renovation or
| 14 | | construction of a building or structure, or for the | 15 | | construction or
maintenance of a highway defined in Article | 16 | | 2 of the Illinois Highway
Code.
| 17 | | (6) "State agencies" shall mean all departments, | 18 | | officers, boards,
commissions, institutions and bodies | 19 | | politic and corporate of the State,
but does not include | 20 | | the Board of Trustees of the University of Illinois,
the | 21 | | Board of Trustees of Southern Illinois University,
the | 22 | | Board of Trustees
of Chicago State University, the Board of | 23 | | Trustees of Eastern Illinois
University, the Board of | 24 | | Trustees of Governors State University, the Board of
| 25 | | Trustees of Illinois State University, the Board of | 26 | | Trustees of Northeastern
Illinois
University, the Board of |
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| 1 | | Trustees of Northern Illinois University, the Board of
| 2 | | Trustees of Western Illinois University,
municipalities or | 3 | | other local governmental units, or other State | 4 | | constitutional
officers.
| 5 | | (7) "State universities" shall mean the Board of | 6 | | Trustees of the
University of Illinois, the Board of | 7 | | Trustees of Southern Illinois
University,
the Board of | 8 | | Trustees of Chicago State University, the Board of
Trustees | 9 | | of Eastern Illinois University, the Board of Trustees of | 10 | | Governors
State University, the Board of Trustees of | 11 | | Illinois State University, the Board
of Trustees of | 12 | | Northeastern Illinois University, the Board of Trustees of
| 13 | | Northern Illinois University, and the Board of Trustees of | 14 | | Western Illinois
University , and the Board of Trustees of | 15 | | any community college district, as defined in subsection | 16 | | (d) of Section 1-2 of the Public Community College Act .
| 17 | | (8) "Certification" means a determination made by the | 18 | | Council
or by one delegated authority from the Council to | 19 | | make certifications, or by
a State agency with statutory | 20 | | authority to make such a certification, that a
business | 21 | | entity is a business owned by a
minority, female, or person | 22 | | with a disability for whatever
purpose. A business owned | 23 | | and controlled by females shall select and designate | 24 | | whether such business is to be certified as a "Female-owned | 25 | | business" or "Minority-owned business" if the females are | 26 | | also minorities.
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| 1 | | (9) "Control" means the exclusive or ultimate and sole | 2 | | control of the
business including, but not limited to, | 3 | | capital investment and all other
financial matters, | 4 | | property, acquisitions, contract negotiations, legal
| 5 | | matters, officer-director-employee selection and | 6 | | comprehensive hiring,
operating responsibilities, | 7 | | cost-control matters, income and dividend
matters, | 8 | | financial transactions and rights of other shareholders or | 9 | | joint
partners. Control shall be real, substantial and | 10 | | continuing, not pro forma.
Control shall include the power | 11 | | to direct or cause the direction of the
management and | 12 | | policies of the business and to make the day-to-day as well
| 13 | | as major decisions in matters of policy, management and | 14 | | operations.
Control shall be exemplified by possessing the | 15 | | requisite knowledge and
expertise to run the particular | 16 | | business and control shall not include
simple majority or | 17 | | absentee ownership.
| 18 | | (10) "Business concern or business" means a business | 19 | | that has annual gross sales of less than $75,000,000 as | 20 | | evidenced by the federal income tax return of the business. | 21 | | A firm with gross sales in excess of this cap may apply to | 22 | | the Council for certification for a particular contract if | 23 | | the firm can demonstrate that the contract would have | 24 | | significant impact on businesses owned by minorities, | 25 | | females, or persons with disabilities as suppliers or | 26 | | subcontractors or in employment of minorities, females, or |
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| 1 | | persons with disabilities.
| 2 | | (B) When a business concern is owned at least 51% by any | 3 | | combination of
minority persons, females, or persons with | 4 | | disabilities,
even though none of the 3 classes alone holds at | 5 | | least a 51% interest, the
ownership
requirement for purposes of | 6 | | this Act is considered to be met. The
certification category | 7 | | for the business is that of the class holding the
largest | 8 | | ownership
interest in the business. If 2 or more classes have | 9 | | equal ownership interests,
the certification category shall be | 10 | | determined by
the business concern.
| 11 | | (Source: P.A. 96-453, eff. 8-14-09; 96-795, eff. 7-1-10 (see | 12 | | Section 5 of P.A. 96-793 for effective date of changes made by | 13 | | P.A. 96-795); 96-1000, eff. 7-2-10; 97-227, eff. 1-1-12; | 14 | | 97-396, eff. 1-1-12; 97-813, eff. 7-13-12.) | 15 | | Section 10. The Local Government Professional Services | 16 | | Selection Act is amended by changing Sections 3, 4, 5, and 6 as | 17 | | follows:
| 18 | | (50 ILCS 510/3) (from Ch. 85, par. 6403)
| 19 | | Sec. 3. Definitions. As used in this Act unless the context
| 20 | | specifically requires otherwise:
| 21 | | (1) "Firm" means any individual, firm, partnership, | 22 | | corporation, association
or other legal entity permitted by law | 23 | | to practice the profession of
architecture, engineering or land | 24 | | surveying and provide architectural,
engineering or land |
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| 1 | | surveying services.
| 2 | | (2) "Architectural services" means any professional | 3 | | service as defined
in Section 5 of the Illinois Architecture | 4 | | Practice Act
of 1989.
| 5 | | (3) "Engineering services" means any professional service | 6 | | as defined in
Section 4 of the Professional Engineering
| 7 | | Practice Act of 1989 or Section 5 of the
Structural Engineering | 8 | | Practice Act of 1989.
| 9 | | (4) "Land surveying services" means any professional | 10 | | service as defined
in Section 5 of the Illinois Professional | 11 | | Land Surveyor Act of 1989.
| 12 | | (5) "Political subdivision" means any school district and | 13 | | any unit of
local government of fewer than 3,000,000 | 14 | | inhabitants, except home rule units and community college | 15 | | districts, as defined in subsection (d) of Section 1-2 of the | 16 | | Public Community College Act .
| 17 | | (6) "Project" means any capital improvement project or any | 18 | | study, plan,
survey or new or existing program activity of a
| 19 | | political subdivision, including development of new or | 20 | | existing programs
which require architectural, engineering or | 21 | | land surveying services.
| 22 | | (Source: P.A. 91-91, eff. 1-1-00.)
| 23 | | (50 ILCS 510/4) (from Ch. 85, par. 6404)
| 24 | | Sec. 4. Public notice. Present provisions of law | 25 | | notwithstanding, in the
procurement of architectural, |
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| 1 | | engineering or land surveying services, each
political | 2 | | subdivision which utilizes architectural, engineering or land
| 3 | | surveying services shall permit firms engaged in the lawful | 4 | | practice of
their professions to annually file a statement of | 5 | | qualifications and
performance data with the political | 6 | | subdivision. Whenever a project
requiring architectural, | 7 | | engineering or land surveying services is proposed
for a | 8 | | political subdivision, the political subdivision shall , unless | 9 | | it has
a satisfactory relationship for services with one or | 10 | | more firms :
| 11 | | (1) Mail a notice requesting a statement of interest in the | 12 | | specific
project to all firms who have a current statement of | 13 | | qualifications and
performance data on file with the political | 14 | | subdivision; or
| 15 | | (2) Place an advertisement in a secular English language | 16 | | daily newspaper
of general circulation throughout such | 17 | | political subdivision, requesting a
statement of interest in | 18 | | the specific project and further requesting
statements of | 19 | | qualifications and performance data from those firms which do
| 20 | | not have such a statement on file with the political | 21 | | subdivision. Such
advertisement shall state the day, hour and | 22 | | place the
statement of interest and the statements of | 23 | | qualifications and performance
data shall be due.
| 24 | | (Source: P.A. 85-854.)
| 25 | | (50 ILCS 510/5) (from Ch. 85, par. 6405)
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| 1 | | Sec. 5. Evaluation Procedure. A political subdivision | 2 | | shall , unless
it has a satisfactory relationship for services | 3 | | with one or more firms, evaluate
the firms submitting letters | 4 | | of interest, taking into account
qualifications, ability of | 5 | | professional personnel, past record and
experience, | 6 | | performance data on file, willingness to meet time
| 7 | | requirements, location, workload of the firm,
and such other | 8 | | qualifications-based factors as the
political subdivision may | 9 | | determine in writing are applicable. The
political subdivision | 10 | | may conduct discussions with and require public
presentations | 11 | | by firms deemed to be the most qualified regarding their
| 12 | | qualifications, approach to the project, and ability to furnish | 13 | | the required services. In no case shall a political | 14 | | subdivision, prior to selecting a firm for negotiation under | 15 | | Section 7, seek formal or informal submission of verbal or | 16 | | written estimates of costs or proposals in terms of dollars, | 17 | | hours required, percentage of construction cost, or any other | 18 | | measure of compensation.
| 19 | | (Source: P.A. 94-1097, eff. 2-2-07.)
| 20 | | (50 ILCS 510/6) (from Ch. 85, par. 6406)
| 21 | | Sec. 6. Selection procedure. On the basis of evaluations,
| 22 | | discussions and presentations, the political subdivision | 23 | | shall , unless it
has a satisfactory relationship for services | 24 | | with one or more firms, select no
less than 3 firms which it | 25 | | determines to be the most qualified to
provide services for the |
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| 1 | | project and rank them in order of qualifications
to provide | 2 | | services regarding the specific project. The political
| 3 | | subdivision shall then contact the firm ranked most preferred | 4 | | and attempt
to negotiate a contract at a fair and reasonable | 5 | | compensation, taking into
account the estimated value, scope, | 6 | | complexity, and professional nature of
the services to be | 7 | | rendered.
If fewer than 3 firms submit letters of interest and | 8 | | the political
subdivision determines that one or both of those | 9 | | firms are so qualified,
the political subdivision may proceed | 10 | | to negotiate a contract pursuant to
this Section and Section 7.
| 11 | | (Source: P.A. 85-854.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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