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92nd General Assembly

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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    (Section scheduled to be repealed on September 6, 2004)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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