Illinois General Assembly - Full Text of Public Act 096-0096
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Public Act 096-0096


 

Public Act 0096 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0096
 
SB0206 Enrolled LRB096 04757 JAM 14821 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
adding Section 45-57 as follows:
 
    (30 ILCS 500/45-57 new)
    Sec. 45-57. Disabled veterans.
    (a) It is the goal of the State to promote and encourage
the continued economic development of businesses owned and
controlled by qualified service disabled veterans and that
qualified service disabled veteran-owned businesses (referred
to as SDVOB) participate in the State's procurement process as
both prime and subcontractors. A Task Force shall be
established, appointed by the Directors or Secretaries of, and
made up of representatives of, the Illinois Department of
Veterans' Affairs, the Illinois Department of Transportation,
the Department of Central Management Services, the Business
Enterprise Program, and the Business Enterprise Council. The
Department of Central Management Services shall provide
administrative support to the Task Force. The purpose of this
Task Force shall be to determine the appropriate percentage
goal for award each fiscal year of the State's total
expenditures for contracts awarded under this Code to SDVOB.
That portion of a contract under which the contractor
subcontracts with a SDVOB may be counted toward the goal of
this subsection. In making that determination the Task Force
shall consult with statewide veterans' service organizations
and the business community, including businesses owned by
qualified disabled veterans. The Task Force shall submit its
report to the General Assembly concerning its recommendations
regarding the appropriate percentage goal for award each fiscal
year of the State's total expenditures for contracts awarded
under this Code to qualified service disabled veterans no later
than 90 days after the effective date of this amendatory Act of
the 96th General Assembly.
    (b) Once the appropriate goal is established, then by each
September 1, each chief procurement officer shall report to the
Department of Central Management Services on all of the
following for the immediately preceding fiscal year, and by
each October 1 the Department of Central Management Services
shall compile and report that information to the General
Assembly:
        (1) The number of SDVOB who submitted a bid for a
    contract under this Code.
        (2) The number of SDVOB who entered into contracts with
    the State under this Code and the total value of those
    contracts.
    (c) Each year, each chief procurement officer shall review
the progress of all State agencies under its jurisdiction in
meeting the goal described in subsection (a), with input from
statewide veterans' service organizations and from the
business community, including businesses owned by qualified
disabled veterans, and shall make recommendations to be
included in the Department of Central Management Services'
report to the General Assembly regarding continuation,
increases, or decreases of the percentage goal. The
recommendations shall be based upon the number of businesses
that are owned by qualified disabled veterans and on the
continued need to encourage and promote businesses owned by
qualified disabled veterans.
    (d) To assist the State in reaching the goal described in
subsection (a), the Governor shall recommend to the General
Assembly changes in programs to assist businesses owned by
qualified disabled veterans.
    (e) As used in this Section:
    "Business" means a business that has average annual gross
sales over the 3 most recent calendar years of less than
$31,000,000 as evidenced by the federal income tax returns of
the business.
    "Control" means the exclusive, ultimate, majority, or 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,
operation 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.
    "Qualified service disabled veteran" means a veteran who
has been found to have a service-connected disability by the
United States Department of Veterans Affairs or the United
States Department of Defense.
    "Qualified disabled veteran-owned business" means a
business entity that is at least 51% owned by one or more
qualified disabled veterans, or in the case of a corporation,
at least 51% of the stock of which is owned by one or more
qualified disabled veterans; and the management and daily
business operations of which are controlled by one or more of
the qualified disabled veterans who own it.
    "Service-connected disability" means a disability incurred
in the line of duty in the active military, naval, or air
service as described in 38 U.S.C. 101(16).
    "Veteran" means a person who served in the active military,
naval, or air service and who was discharged or released from
his or her service under conditions other than dishonorable.
    (f) The Illinois Department of Veterans' Affairs and the
Department of Central Management Services Business Enterprise
Program shall work together to devise a certification procedure
to assure that businesses taking advantage of this Act are
legitimately classified as qualified service disabled
veteran-owned businesses.

Effective Date: 1/1/2010