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Public Act 92-0670
HB4444 Enrolled LRB9211042AGcs
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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(Section scheduled to be repealed on September 6, 2004)
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
which has annual gross sales for the most recent fiscal year
of less than $27,000,000 $14,000,000, except that a firm with
gross sales in excess of that amount $14,000,000 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. 88-377; 88-597, eff. 8-28-94; 89-4, eff.
1-1-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 08, 2002.
Approved July 16, 2002.
Effective July 16, 2002.
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