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90_SB0579
20 ILCS 3505/7.72 new
20 ILCS 3505/8 from Ch. 48, par. 850.08
30 ILCS 575/5 from Ch. 127, par. 132.605
Amends the Illinois Development Finance Authority Act.
Increases amount of bonds that the Authority may have
outstanding from $2,900,000,000 to $2,950,000,000. Provides
that the additional $50,000,000 shall be used to fund start
up and expansion loans for businesses that qualify under the
Business Enterprise for Minorities, Females, and Persons with
Disabilities Act. Provides that the Authority shall work
with the Business Enterprise Council for Minorities, Females,
and Persons with Disabilities in developing a program to
distribute and administer the loans. Provides that no loan
issued under the program may fund more than 25% of the start
up or expansion costs incurred by the qualifying business
enterprise. Amends the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act to include in the
list of responsibilities and authorities of the Council the
cooperation with the Illinois Development Finance Authority
in development and administration of the start up and
expansion loan program. Effective immediately.
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1 AN ACT in relation to business development, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Development Finance Authority
6 Act is amended by adding Section 7.72 and changing Section 8
7 as follows:
8 (20 ILCS 3505/7.72 new)
9 Sec. 7.72. Business enterprise assistance program. It
10 is the public policy of the State to promote and encourage
11 the continuing economic development of businesses within this
12 State owned and operated by minorities, females, and persons
13 with disabilities. The Authority shall develop a program for
14 financing start up and expansion loans for business
15 enterprises that qualify under the Business Enterprise for
16 Minorities, Females, and Persons with Disabilities Act.
17 Loans issued under the program may not exceed 25% of the
18 total start up or expansion costs incurred by the business
19 enterprise applying for the loan. The Business Enterprise
20 Council for Minorities, Females, and Persons with
21 Disabilities shall participate in developing and
22 administering the program. All loans financed by the
23 Authority shall require the approval of both the Business
24 Enterprise Council for Minorities, Females, and Persons with
25 Disabilities and the Authority.
26 (20 ILCS 3505/8) (from Ch. 48, par. 850.08)
27 Sec. 8. Exclusive of the bonds authorized to be issued
28 under Section 7.8 or under the Illinois Environmental
29 Facilities Financing Act, and exclusive of the authorization
30 under Section 7.56a of this Act, the Authority may not have
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1 outstanding at any one time bonds for any of its corporate
2 purposes in an aggregate principal amount exceeding
3 $2,950,000,000 $2,900,000,000, excluding bonds issued to
4 refund outstanding bonds. Up to $100,000,000 of such
5 outstanding bonds shall be issued with respect to industrial
6 projects located within areas designated as Enterprise Zones
7 by the Department of Commerce and Community Affairs. Fifty
8 million of the outstanding bonds shall be issued with respect
9 to start up and expansion loans for business enterprises for
10 minorities, females, and persons with disabilities in
11 accordance with Section 7.72 of this Act.
12 (Source: P.A. 89-460, eff. 5-24-96.)
13 Section 10. The Business Enterprise for Minorities,
14 Females, and Persons with Disabilities Act is amended by
15 changing Section 5 as follows:
16 (30 ILCS 575/5) (from Ch. 127, par. 132.605)
17 (Text of Section before amendment by P.A. 89-507)
18 (Section scheduled to be repealed on September 6, 1999)
19 Sec. 5. Business Enterprise Council.
20 (1) To help implement, monitor and enforce the goals of
21 this Act, there is created the Business Enterprise Council
22 for Minorities, Females, and Persons with Disabilities,
23 hereinafter referred to as the Council, composed of the
24 directors of the Department of Human Rights, the Department
25 of Commerce and Community Affairs, the Department of Central
26 Management Services, the Department of Rehabilitation
27 Services, the Department of Transportation and the Capital
28 Development Board, or their duly appointed representatives.
29 Ten individuals representing businesses that are minority or
30 female owned or owned by persons with disabilities, 2
31 individuals representing the business community, and a
32 representative of public universities shall be appointed by
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1 the Governor. These members shall serve 2 year terms and
2 shall be eligible for reappointment. Any vacancy occurring
3 on the Council shall also be filled by the Governor. Any
4 member appointed to fill a vacancy occurring prior to the
5 expiration of the term for which his predecessor was
6 appointed shall be appointed for the remainder of such term.
7 Members of the Council shall serve without compensation but
8 shall be reimbursed for any ordinary and necessary expenses
9 incurred in the performance of their duties.
10 The Director of the Department of Central Management
11 Services shall serve as the Council chairperson and shall
12 select, subject to approval of the council, a Secretary
13 responsible for the operation of the program who shall serve
14 as the Division Manager of the Business Enterprise for
15 Minorities, Females, and Persons with Disabilities Division
16 of the Department of Central Management Services.
17 The Director of each State agency and the chief executive
18 officer of each State university shall appoint a liaison to
19 the Council. The liaison shall be responsible for submitting
20 to the Council any reports and documents necessary under this
21 Act.
22 (2) The Council's authority and responsibility shall be
23 to:
24 (a) Devise a certification procedure to assure that
25 businesses taking advantage of this Act are legitimately
26 classified as businesses owned by minorities, females, or
27 persons with disabilities.
28 (b) Maintain a list of all businesses legitimately
29 classified as businesses owned by minorities, females, or
30 persons with disabilities to provide to State agencies
31 and State universities.
32 (c) Review rules and regulations for the
33 implementation of the program for businesses owned by
34 minorities, females, and persons with disabilities.
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1 (d) Review compliance plans submitted by each State
2 agency and State university pursuant to this Act.
3 (e) Make annual reports as provided in Section 8f
4 to the Governor and the General Assembly on the status of
5 the program.
6 (f) Serve as a central clearinghouse for
7 information on State contracts, including the maintenance
8 of a list of all pending State contracts upon which
9 businesses owned by minorities, females, and persons with
10 disabilities may bid. At the Council's discretion,
11 maintenance of the list may include 24-hour electronic
12 access to the list along with the bid and application
13 information.
14 (g) Establish a toll free telephone number to
15 facilitate information requests concerning the
16 certification process and pending contracts.
17 (h) Cooperate with the Illinois Development Finance
18 Authority in the development and administration of the
19 start up and expansion loan program prescribed in Section
20 7.72 of the Illinois Development Finance Authority Act.
21 (3) No premium bond rate of a surety company for a bond
22 required of a business owned by a minority, female, or person
23 with a disability bidding for a State contract shall be
24 higher than the lowest rate charged by that surety company
25 for a similar bond in the same classification of work that
26 would be written for a business not owned by a minority,
27 female, or person with a disability.
28 (4) Any Council member who has direct financial or
29 personal interest in any measure pending before the Council
30 shall disclose this fact to the Council and refrain from
31 participating in the determination upon such measure.
32 (5) The Secretary shall have the following duties and
33 responsibilities:
34 (a) To be responsible for the day-to-day operation
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1 of the Council.
2 (b) To serve as a coordinator for all of the
3 State's programs for businesses owned by minorities,
4 females, and persons with disabilities and as the
5 information and referral center for all State initiatives
6 for businesses owned by minorities, females, and persons
7 with disabilities.
8 (c) To establish an enforcement procedure whereby
9 the Council may recommend to the appropriate State legal
10 officer that the State exercise its legal remedies which
11 shall include (1) termination of the contract involved,
12 (2) prohibition of participation by the respondent in
13 public contracts for a period not to exceed one year,
14 (3) imposition of a penalty not to exceed any profit
15 acquired as a result of violation, or (4) any combination
16 thereof. Such procedures shall require prior approval by
17 Council.
18 (d) To devise appropriate policies, regulations and
19 procedures for including participation by businesses
20 owned by minorities, females, and persons with
21 disabilities as prime contractors including, but not
22 limited to, (i) encouraging the inclusions of qualified
23 businesses owned by minorities, females, and persons with
24 disabilities on solicitation lists, (ii) investigating
25 the potential of blanket bonding programs for small
26 construction jobs, (iii) investigating and making
27 recommendations concerning the use of the sheltered
28 market process.
29 (e) To devise procedures for the waiver of the
30 participation goals in appropriate circumstances.
31 (f) To accept donations and, with the approval of
32 the Council or the Director of Central Management
33 Services, grants related to the purposes of this Act; to
34 conduct seminars related to the purpose of this Act and
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1 to charge reasonable registration fees; and to sell
2 directories, vendor lists and other such information to
3 interested parties, except that forms necessary to become
4 eligible for the program shall be provided free of charge
5 to a business or individual applying for the program.
6 (Source: P.A. 87-701; 88-377; 88-597, eff. 8-28-94.)
7 (Text of Section after amendment by P.A. 89-507)
8 (Section scheduled to be repealed on September 6, 1999)
9 Sec. 5. Business Enterprise Council.
10 (1) To help implement, monitor and enforce the goals of
11 this Act, there is created the Business Enterprise Council
12 for Minorities, Females, and Persons with Disabilities,
13 hereinafter referred to as the Council, composed of the
14 Secretary of Human Services and the Directors of the
15 Department of Human Rights, the Department of Commerce and
16 Community Affairs, the Department of Central Management
17 Services, the Department of Transportation and the Capital
18 Development Board, or their duly appointed representatives.
19 Ten individuals representing businesses that are minority or
20 female owned or owned by persons with disabilities, 2
21 individuals representing the business community, and a
22 representative of public universities shall be appointed by
23 the Governor. These members shall serve 2 year terms and
24 shall be eligible for reappointment. Any vacancy occurring
25 on the Council shall also be filled by the Governor. Any
26 member appointed to fill a vacancy occurring prior to the
27 expiration of the term for which his predecessor was
28 appointed shall be appointed for the remainder of such term.
29 Members of the Council shall serve without compensation but
30 shall be reimbursed for any ordinary and necessary expenses
31 incurred in the performance of their duties.
32 The Director of the Department of Central Management
33 Services shall serve as the Council chairperson and shall
34 select, subject to approval of the council, a Secretary
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1 responsible for the operation of the program who shall serve
2 as the Division Manager of the Business Enterprise for
3 Minorities, Females, and Persons with Disabilities Division
4 of the Department of Central Management Services.
5 The Director of each State agency and the chief executive
6 officer of each State university shall appoint a liaison to
7 the Council. The liaison shall be responsible for submitting
8 to the Council any reports and documents necessary under this
9 Act.
10 (2) The Council's authority and responsibility shall be
11 to:
12 (a) Devise a certification procedure to assure that
13 businesses taking advantage of this Act are legitimately
14 classified as businesses owned by minorities, females, or
15 persons with disabilities.
16 (b) Maintain a list of all businesses legitimately
17 classified as businesses owned by minorities, females, or
18 persons with disabilities to provide to State agencies
19 and State universities.
20 (c) Review rules and regulations for the
21 implementation of the program for businesses owned by
22 minorities, females, and persons with disabilities.
23 (d) Review compliance plans submitted by each State
24 agency and State university pursuant to this Act.
25 (e) Make annual reports as provided in Section 8f
26 to the Governor and the General Assembly on the status of
27 the program.
28 (f) Serve as a central clearinghouse for
29 information on State contracts, including the maintenance
30 of a list of all pending State contracts upon which
31 businesses owned by minorities, females, and persons with
32 disabilities may bid. At the Council's discretion,
33 maintenance of the list may include 24-hour electronic
34 access to the list along with the bid and application
-8- LRB9002119KDpk
1 information.
2 (g) Establish a toll free telephone number to
3 facilitate information requests concerning the
4 certification process and pending contracts.
5 (h) Cooperate with the Illinois Development Finance
6 Authority in the development and administration of the
7 start up and expansion loan program prescribed in Section
8 7.72 of the Illinois Development Finance Authority Act.
9 (3) No premium bond rate of a surety company for a bond
10 required of a business owned by a minority, female, or person
11 with a disability bidding for a State contract shall be
12 higher than the lowest rate charged by that surety company
13 for a similar bond in the same classification of work that
14 would be written for a business not owned by a minority,
15 female, or person with a disability.
16 (4) Any Council member who has direct financial or
17 personal interest in any measure pending before the Council
18 shall disclose this fact to the Council and refrain from
19 participating in the determination upon such measure.
20 (5) The Secretary shall have the following duties and
21 responsibilities:
22 (a) To be responsible for the day-to-day operation
23 of the Council.
24 (b) To serve as a coordinator for all of the
25 State's programs for businesses owned by minorities,
26 females, and persons with disabilities and as the
27 information and referral center for all State initiatives
28 for businesses owned by minorities, females, and persons
29 with disabilities.
30 (c) To establish an enforcement procedure whereby
31 the Council may recommend to the appropriate State legal
32 officer that the State exercise its legal remedies which
33 shall include (1) termination of the contract involved,
34 (2) prohibition of participation by the respondent in
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1 public contracts for a period not to exceed one year,
2 (3) imposition of a penalty not to exceed any profit
3 acquired as a result of violation, or (4) any combination
4 thereof. Such procedures shall require prior approval by
5 Council.
6 (d) To devise appropriate policies, regulations and
7 procedures for including participation by businesses
8 owned by minorities, females, and persons with
9 disabilities as prime contractors including, but not
10 limited to, (i) encouraging the inclusions of qualified
11 businesses owned by minorities, females, and persons with
12 disabilities on solicitation lists, (ii) investigating
13 the potential of blanket bonding programs for small
14 construction jobs, (iii) investigating and making
15 recommendations concerning the use of the sheltered
16 market process.
17 (e) To devise procedures for the waiver of the
18 participation goals in appropriate circumstances.
19 (f) To accept donations and, with the approval of
20 the Council or the Director of Central Management
21 Services, grants related to the purposes of this Act; to
22 conduct seminars related to the purpose of this Act and
23 to charge reasonable registration fees; and to sell
24 directories, vendor lists and other such information to
25 interested parties, except that forms necessary to become
26 eligible for the program shall be provided free of charge
27 to a business or individual applying for the program.
28 (Source: P.A. 88-377; 88-597, eff. 8-28-94; 89-507, eff.
29 7-1-97.)
30 Section 95. No acceleration or delay. Where this Act
31 makes changes in a statute that is represented in this Act by
32 text that is not yet or no longer in effect (for example, a
33 Section represented by multiple versions), the use of that
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1 text does not accelerate or delay the taking effect of (i)
2 the changes made by this Act or (ii) provisions derived from
3 any other Public Act.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.