Public Act 095-0344
 
SB0336 Enrolled LRB095 09508 JAM 29707 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Procurement Code is amended by
changing Section 20-60 as follows:
 
    (30 ILCS 500/20-60)
    Sec. 20-60. Duration of contracts.
    (a) Maximum duration. A contract may be entered into for
any period of time deemed to be in the best interests of the
State but not exceeding 10 years. The length of a lease for
real property or capital improvements shall be in accordance
with the provisions of Section 40-25. A contract for bond or
mortgage insurance awarded by the Illinois Housing Development
Authority, however, may be entered into for any period of time
less than or equal to the maximum period of time that the
subject bond or mortgage may remain outstanding.
    (b) Subject to appropriation. All contracts made or entered
into shall recite that they are subject to termination and
cancellation in any year for which the General Assembly fails
to make an appropriation to make payments under the terms of
the contract.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    Section 10. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by
changing Section 2 as follows:
 
    (30 ILCS 575/2)  (from Ch. 127, par. 132.602)
    (Section scheduled to be repealed on September 6, 2008)
    Sec. 2. Definitions.
    (A) For the purpose of this Act, the following terms shall
have the following definitions:
    (1) "Minority person" shall mean a person who is a citizen
or lawful permanent resident of the United States and who is:
        (a) African American (a person having origins in any of
    the black racial groups in Africa);
        (b) Hispanic (a person of Spanish or Portuguese culture
    with origins in Mexico, South or Central America, or the
    Caribbean Islands, regardless of race);
        (c) Asian American (a person having origins in any of
    the original peoples of the Far East, Southeast Asia, the
    Indian Subcontinent or the Pacific Islands); or
        (d) Native American or Alaskan Native (a person having
    origins in any of the original peoples of North America).
    (2) "Female" shall mean a person who is a citizen or lawful
permanent resident of the United States and who is of the
female gender.
    (2.05) "Person with a disability" means a person who is a
citizen or lawful resident of the United States and is a person
qualifying as being disabled under subdivision (2.1) of this
subsection (A).
    (2.1) "Disabled" means a severe physical or mental
disability that:
    (a) results from:
    amputation,
    arthritis,
    autism,
    blindness,
    burn injury,
    cancer,
    cerebral palsy,
    cystic fibrosis,
    deafness,
    head injury,
    heart disease,
    hemiplegia,
    hemophilia,
    respiratory or pulmonary dysfunction,
    mental retardation,
    mental illness,
    multiple sclerosis,
    muscular dystrophy,
    musculoskeletal disorders,
    neurological disorders, including stroke and epilepsy,
    paraplegia,
    quadriplegia and other spinal cord conditions,
    sickle cell anemia,
    specific learning disabilities, or
    end stage renal failure disease; and
    (b) substantially limits one or more of the person's major
life activities.
    Another disability or combination of disabilities may also
be considered as a severe disability for the purposes of item
(a) of this subdivision (2.1) if it is determined by an
evaluation of rehabilitation potential to cause a comparable
degree of substantial functional limitation similar to the
specific list of disabilities listed in item (a) of this
subdivision (2.1).
    (3) "Minority owned business" means a business concern
which is at least 51% owned by one or more minority persons, or
in the case of a corporation, at least 51% of the stock in
which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who own
it.
    (4) "Female owned business" means a business concern which
is at least 51% owned by one or more females, or, in the case of
a corporation, at least 51% of the stock in which is owned by
one or more females; and the management and daily business
operations of which are controlled by one or more of the
females who own it.
    (4.1) "Business owned by a person with a disability" means
a business concern that is at least 51% owned by one or more
persons with a disability and the management and daily business
operations of which are controlled by one or more of the
persons with disabilities who own it. A not-for-profit agency
for persons with disabilities that is exempt from taxation
under Section 501 of the Internal Revenue Code of 1986 is also
considered a "business owned by a person with a disability".
    (4.2) "Council" means the Business Enterprise Council for
Minorities, Females, and Persons with Disabilities created
under Section 5 of this Act.
    (5) "State contracts" shall mean all State contracts,
funded exclusively with State funds which are not subject to
federal reimbursement, whether competitively bid or negotiated
as defined by the Secretary of the Council and approved by the
Council.
    "State construction contracts" means all State contracts
entered into by a State agency or State university for the
repair, remodeling, renovation or construction of a building or
structure, or for the construction or maintenance of a highway
defined in Article 2 of the Illinois Highway Code.
    (6) "State agencies" shall mean all departments, officers,
boards, commissions, institutions and bodies politic and
corporate of the State, but does not include the Board of
Trustees of the University of Illinois, the Board of Trustees
of Southern Illinois University, the Board of Trustees of
Chicago State University, the Board of Trustees of Eastern
Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University,
the Board of Trustees of Northeastern Illinois University, the
Board of Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, municipalities or
other local governmental units, or other State constitutional
officers.
    (7) "State universities" shall mean the Board of Trustees
of the University of Illinois, the Board of Trustees of
Southern Illinois University, the Board of Trustees of Chicago
State University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University,
the Board of Trustees of Northeastern Illinois University, the
Board of Trustees of Northern Illinois University, and the
Board of Trustees of Western Illinois University.
    (8) "Certification" means a determination made by the
Council or by one delegated authority from the Council to make
certifications, or by a State agency with statutory authority
to make such a certification, that a business entity is a
business owned by a minority, female, or person with a
disability for whatever purpose.
    (9) "Control" means the exclusive or ultimate and sole
control of the business including, but not limited to, capital
investment and all other financial matters, property,
acquisitions, contract negotiations, legal matters,
officer-director-employee selection and comprehensive hiring,
operating responsibilities, cost-control matters, income and
dividend matters, financial transactions and rights of other
shareholders or joint partners. Control shall be real,
substantial and continuing, not pro forma. Control shall
include the power to direct or cause the direction of the
management and policies of the business and to make the
day-to-day as well as major decisions in matters of policy,
management and operations. Control shall be exemplified by
possessing the requisite knowledge and expertise to run the
particular business and control shall not include simple
majority or absentee ownership.
    (10) "Business concern or business" means a business that
has average annual gross sales over the 3 most recent calendar
years of less than $31,400,000 as evidenced by the federal
income tax return of the business. A firm with gross sales in
excess of this cap may apply to the Council for certification
for a particular contract if the firm can demonstrate that the
contract would have significant impact on businesses owned by
minorities, females, or persons with disabilities as suppliers
or subcontractors or in employment of minorities, females, or
persons with disabilities. "Business concern or business"
means a business which has annual gross sales for the most
recent fiscal year of less than $27,000,000, except that a firm
with gross sales in excess of that amount may apply to the
Council for certification for a particular contract if the firm
can demonstrate that the contract would have significant impact
on businesses owned by minorities, females, or persons with
disabilities as suppliers or subcontractors or in employment of
minorities, females, or persons with disabilities.
    (B) When a business concern is owned at least 51% by any
combination of minority persons, females, or persons with
disabilities, even though none of the 3 classes alone holds at
least a 51% interest, the ownership requirement for purposes of
this Act is considered to be met. The certification category
for the business is that of the class holding the largest
ownership interest in the business. If 2 or more classes have
equal ownership interests, the certification category shall be
determined by the Department of Central Management Services.
(Source: P.A. 92-670, eff. 7-16-02.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.