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92_HB4444eng HB4444 Engrossed LRB9211042AGcs 1 AN ACT concerning business. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Business Enterprise for Minorities, 5 Females, and Persons with Disabilities Act is amended by 6 changing Section 2 as follows: 7 (30 ILCS 575/2) (from Ch. 127, par. 132.602) 8 (Section scheduled to be repealed on September 6, 2004) 9 Sec. 2. Definitions. 10 (A) For the purpose of this Act, the following terms 11 shall have the following definitions: 12 (1) "Minority person" shall mean a person who is a 13 citizen or lawful permanent resident of the United States and 14 who is: 15 (a) African American (a person having origins in 16 any of the black racial groups in Africa); 17 (b) Hispanic (a person of Spanish or Portuguese 18 culture with origins in Mexico, South or Central America, 19 or the Caribbean Islands, regardless of race); 20 (c) Asian American (a person having origins in any 21 of the original peoples of the Far East, Southeast Asia, 22 the Indian Subcontinent or the Pacific Islands); or 23 (d) Native American or Alaskan Native (a person 24 having origins in any of the original peoples of North 25 America). 26 (2) "Female" shall mean a person who is a citizen or 27 lawful permanent resident of the United States and who is of 28 the female gender. 29 (2.05) "Person with a disability" means a person who is 30 a citizen or lawful resident of the United States and is a 31 person qualifying as being disabled under subdivision (2.1) HB4444 Engrossed -2- LRB9211042AGcs 1 of this subsection (A). 2 (2.1) "Disabled" means a severe physical or mental 3 disability that: 4 (a) results from: 5 amputation, 6 arthritis, 7 autism, 8 blindness, 9 burn injury, 10 cancer, 11 cerebral palsy, 12 cystic fibrosis, 13 deafness, 14 head injury, 15 heart disease, 16 hemiplegia, 17 hemophilia, 18 respiratory or pulmonary dysfunction, 19 mental retardation, 20 mental illness, 21 multiple sclerosis, 22 muscular dystrophy, 23 musculoskeletal disorders, 24 neurological disorders, including stroke and epilepsy, 25 paraplegia, 26 quadriplegia and other spinal cord conditions, 27 sickle cell anemia, 28 specific learning disabilities, or 29 end stage renal failure disease; and 30 (b) substantially limits one or more of the person's 31 major life activities. 32 Another disability or combination of disabilities may 33 also be considered as a severe disability for the purposes of 34 item (a) of this subdivision (2.1) if it is determined by an HB4444 Engrossed -3- LRB9211042AGcs 1 evaluation of rehabilitation potential to cause a comparable 2 degree of substantial functional limitation similar to the 3 specific list of disabilities listed in item (a) of this 4 subdivision (2.1). 5 (3) "Minority owned business" means a business concern 6 which is at least 51% owned by one or more minority persons, 7 or in the case of a corporation, at least 51% of the stock in 8 which is owned by one or more minority persons; and the 9 management and daily business operations of which are 10 controlled by one or more of the minority individuals who own 11 it. 12 (4) "Female owned business" means a business concern 13 which is at least 51% owned by one or more females, or, in 14 the case of a corporation, at least 51% of the stock in which 15 is owned by one or more females; and the management and daily 16 business operations of which are controlled by one or more of 17 the females who own it. 18 (4.1) "Business owned by a person with a disability" 19 means a business concern that is at least 51% owned by one or 20 more persons with a disability and the management and daily 21 business operations of which are controlled by one or more of 22 the persons with disabilities who own it. A not-for-profit 23 agency for persons with disabilities that is exempt from 24 taxation under Section 501 of the Internal Revenue Code of 25 1986 is also considered a "business owned by a person with a 26 disability". 27 (4.2) "Council" means the Business Enterprise Council 28 for Minorities, Females, and Persons with Disabilities 29 created under Section 5 of this Act. 30 (5) "State contracts" shall mean all State contracts, 31 funded exclusively with State funds which are not subject to 32 federal reimbursement, whether competitively bid or 33 negotiated as defined by the Secretary of the Council and 34 approved by the Council. HB4444 Engrossed -4- LRB9211042AGcs 1 "State construction contracts" means all State contracts 2 entered into by a State agency or State university for the 3 repair, remodeling, renovation or construction of a building 4 or structure, or for the construction or maintenance of a 5 highway defined in Article 2 of the Illinois Highway Code. 6 (6) "State agencies" shall mean all departments, 7 officers, boards, commissions, institutions and bodies 8 politic and corporate of the State, but does not include the 9 Board of Trustees of the University of Illinois, the Board of 10 Trustees of Southern Illinois University, the Board of 11 Trustees of Chicago State University, the Board of Trustees 12 of Eastern Illinois University, the Board of Trustees of 13 Governors State University, the Board of Trustees of Illinois 14 State University, the Board of Trustees of Northeastern 15 Illinois University, the Board of Trustees of Northern 16 Illinois University, the Board of Trustees of Western 17 Illinois University, municipalities or other local 18 governmental units, or other State constitutional officers. 19 (7) "State universities" shall mean the Board of 20 Trustees of the University of Illinois, the Board of Trustees 21 of Southern Illinois University, the Board of Trustees of 22 Chicago State University, the Board of Trustees of Eastern 23 Illinois University, the Board of Trustees of Governors State 24 University, the Board of Trustees of Illinois State 25 University, the Board of Trustees of Northeastern Illinois 26 University, the Board of Trustees of Northern Illinois 27 University, and the Board of Trustees of Western Illinois 28 University. 29 (8) "Certification" means a determination made by the 30 Council or by one delegated authority from the Council to 31 make certifications, or by a State agency with statutory 32 authority to make such a certification, that a business 33 entity is a business owned by a minority, female, or person 34 with a disability for whatever purpose. HB4444 Engrossed -5- LRB9211042AGcs 1 (9) "Control" means the exclusive or ultimate and sole 2 control of the business including, but not limited to, 3 capital investment and all other financial matters, property, 4 acquisitions, contract negotiations, legal matters, 5 officer-director-employee selection and comprehensive hiring, 6 operating responsibilities, cost-control matters, income and 7 dividend matters, financial transactions and rights of other 8 shareholders or joint partners. Control shall be real, 9 substantial and continuing, not pro forma. Control shall 10 include the power to direct or cause the direction of the 11 management and policies of the business and to make the 12 day-to-day as well as major decisions in matters of policy, 13 management and operations. Control shall be exemplified by 14 possessing the requisite knowledge and expertise to run the 15 particular business and control shall not include simple 16 majority or absentee ownership. 17 (10) "Business concern or business" means a business 18 which has annual gross sales for the most recent fiscal year 19 of less than $27,000,000$14,000,000, except that a firm with 20 gross sales in excess of that amount$14,000,000may apply to 21 the Council for certification for a particular contract if 22 the firm can demonstrate that the contract would have 23 significant impact on businesses owned by minorities, 24 females, or persons with disabilities as suppliers or 25 subcontractors or in employment of minorities, females, or 26 persons with disabilities. 27 (B) When a business concern is owned at least 51% by any 28 combination of minority persons, females, or persons with 29 disabilities, even though none of the 3 classes alone holds 30 at least a 51% interest, the ownership requirement for 31 purposes of this Act is considered to be met. The 32 certification category for the business is that of the class 33 holding the largest ownership interest in the business. If 2 34 or more classes have equal ownership interests, the HB4444 Engrossed -6- LRB9211042AGcs 1 certification category shall be determined by the Department 2 of Central Management Services. 3 (Source: P.A. 88-377; 88-597, eff. 8-28-94; 89-4, eff. 4 1-1-96.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.