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