IL
Illinois House Bill HB3299

Illinois 2023-2024 Regular Session

Illinois House Bill HB3299 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3299 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: 30 ILCS 575/2 Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that the term "business" includes, for purposes of the Act, a not-for-profit organization that submits bids for workforce development contracts or provides technical assistance, notwithstanding the organization's status as a not-for-profit organization, if the not-for-profit organization otherwise meets the requirements for participation under the Act. Defines "workforce development" and "technical assistance for businesses". LRB103 26932 HLH 53296 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3299 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: 30 ILCS 575/2 30 ILCS 575/2 Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that the term "business" includes, for purposes of the Act, a not-for-profit organization that submits bids for workforce development contracts or provides technical assistance, notwithstanding the organization's status as a not-for-profit organization, if the not-for-profit organization otherwise meets the requirements for participation under the Act. Defines "workforce development" and "technical assistance for businesses". LRB103 26932 HLH 53296 b LRB103 26932 HLH 53296 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3299 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED:
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5+Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that the term "business" includes, for purposes of the Act, a not-for-profit organization that submits bids for workforce development contracts or provides technical assistance, notwithstanding the organization's status as a not-for-profit organization, if the not-for-profit organization otherwise meets the requirements for participation under the Act. Defines "workforce development" and "technical assistance for businesses".
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311 1 AN ACT concerning finance.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Business Enterprise for Minorities, Women,
715 5 and Persons with Disabilities Act is amended by changing
816 6 Section 2 as follows:
917 7 (30 ILCS 575/2)
1018 8 (Section scheduled to be repealed on June 30, 2024)
1119 9 Sec. 2. Definitions.
1220 10 (A) For the purpose of this Act, the following terms shall
1321 11 have the following definitions:
1422 12 (1) "Minority person" shall mean a person who is a
1523 13 citizen or lawful permanent resident of the United States
1624 14 and who is any of the following:
1725 15 (a) American Indian or Alaska Native (a person
1826 16 having origins in any of the original peoples of North
1927 17 and South America, including Central America, and who
2028 18 maintains tribal affiliation or community attachment).
2129 19 (b) Asian (a person having origins in any of the
2230 20 original peoples of the Far East, Southeast Asia, or
2331 21 the Indian subcontinent, including, but not limited
2432 22 to, Cambodia, China, India, Japan, Korea, Malaysia,
2533 23 Pakistan, the Philippine Islands, Thailand, and
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37+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3299 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED:
38+30 ILCS 575/2 30 ILCS 575/2
39+30 ILCS 575/2
40+Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that the term "business" includes, for purposes of the Act, a not-for-profit organization that submits bids for workforce development contracts or provides technical assistance, notwithstanding the organization's status as a not-for-profit organization, if the not-for-profit organization otherwise meets the requirements for participation under the Act. Defines "workforce development" and "technical assistance for businesses".
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3468 1 Vietnam).
3569 2 (c) Black or African American (a person having
3670 3 origins in any of the black racial groups of Africa).
3771 4 (d) Hispanic or Latino (a person of Cuban,
3872 5 Mexican, Puerto Rican, South or Central American, or
3973 6 other Spanish culture or origin, regardless of race).
4074 7 (e) Native Hawaiian or Other Pacific Islander (a
4175 8 person having origins in any of the original peoples
4276 9 of Hawaii, Guam, Samoa, or other Pacific Islands).
4377 10 (2) "Woman" shall mean a person who is a citizen or
4478 11 lawful permanent resident of the United States and who is
4579 12 of the female gender.
4680 13 (2.05) "Person with a disability" means a person who
4781 14 is a citizen or lawful resident of the United States and is
4882 15 a person qualifying as a person with a disability under
4983 16 subdivision (2.1) of this subsection (A).
5084 17 (2.1) "Person with a disability" means a person with a
5185 18 severe physical or mental disability that:
5286 19 (a) results from:
5387 20 amputation,
5488 21 arthritis,
5589 22 autism,
5690 23 blindness,
5791 24 burn injury,
5892 25 cancer,
5993 26 cerebral palsy,
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70104 1 Crohn's disease,
71105 2 cystic fibrosis,
72106 3 deafness,
73107 4 head injury,
74108 5 heart disease,
75109 6 hemiplegia,
76110 7 hemophilia,
77111 8 respiratory or pulmonary dysfunction,
78112 9 an intellectual disability,
79113 10 mental illness,
80114 11 multiple sclerosis,
81115 12 muscular dystrophy,
82116 13 musculoskeletal disorders,
83117 14 neurological disorders, including stroke and
84118 15 epilepsy,
85119 16 paraplegia,
86120 17 quadriplegia and other spinal cord conditions,
87121 18 sickle cell anemia,
88122 19 ulcerative colitis,
89123 20 specific learning disabilities, or
90124 21 end stage renal failure disease; and
91125 22 (b) substantially limits one or more of the
92126 23 person's major life activities.
93127 24 Another disability or combination of disabilities may
94128 25 also be considered as a severe disability for the purposes
95129 26 of item (a) of this subdivision (2.1) if it is determined
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106140 1 by an evaluation of rehabilitation potential to cause a
107141 2 comparable degree of substantial functional limitation
108142 3 similar to the specific list of disabilities listed in
109143 4 item (a) of this subdivision (2.1).
110144 5 (3) "Minority-owned business" means a business which
111145 6 is at least 51% owned by one or more minority persons, or
112146 7 in the case of a corporation, at least 51% of the stock in
113147 8 which is owned by one or more minority persons; and the
114148 9 management and daily business operations of which are
115149 10 controlled by one or more of the minority individuals who
116150 11 own it.
117151 12 (4) "Women-owned business" means a business which is
118152 13 at least 51% owned by one or more women, or, in the case of
119153 14 a corporation, at least 51% of the stock in which is owned
120154 15 by one or more women; and the management and daily
121155 16 business operations of which are controlled by one or more
122156 17 of the women who own it.
123157 18 (4.1) "Business owned by a person with a disability"
124158 19 means a business that is at least 51% owned by one or more
125159 20 persons with a disability and the management and daily
126160 21 business operations of which are controlled by one or more
127161 22 of the persons with disabilities who own it. A
128162 23 not-for-profit agency for persons with disabilities that
129163 24 is exempt from taxation under Section 501 of the Internal
130164 25 Revenue Code of 1986 is also considered a "business owned
131165 26 by a person with a disability".
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142176 1 (4.2) "Council" means the Business Enterprise Council
143177 2 for Minorities, Women, and Persons with Disabilities
144178 3 created under Section 5 of this Act.
145179 4 (4.3) "Commission" means, unless the context clearly
146180 5 indicates otherwise, the Commission on Equity and
147181 6 Inclusion created under the Commission on Equity and
148182 7 Inclusion Act.
149183 8 (5) "State contracts" means all contracts entered into
150184 9 by the State, any agency or department thereof, or any
151185 10 public institution of higher education, including
152186 11 community college districts, regardless of the source of
153187 12 the funds with which the contracts are paid, which are not
154188 13 subject to federal reimbursement. "State contracts" does
155189 14 not include contracts awarded by a retirement system,
156190 15 pension fund, or investment board subject to Section
157-16 1-109.1 of the Illinois Pension Code or contracts for
158-17 workforce development or technical assistance for
159-18 businesses. This definition shall control over any
160-19 existing definition under this Act or applicable
161-20 administrative rule.
162-21 "State construction contracts" means all State
163-22 contracts entered into by a State agency or public
164-23 institution of higher education for the repair,
165-24 remodeling, renovation or construction of a building or
166-25 structure, or for the construction or maintenance of a
167-26 highway defined in Article 2 of the Illinois Highway Code.
191+16 1-109.1 of the Illinois Pension Code. This definition
192+17 shall control over any existing definition under this Act
193+18 or applicable administrative rule.
194+19 "State construction contracts" means all State
195+20 contracts entered into by a State agency or public
196+21 institution of higher education for the repair,
197+22 remodeling, renovation or construction of a building or
198+23 structure, or for the construction or maintenance of a
199+24 highway defined in Article 2 of the Illinois Highway Code.
200+25 (6) "State agencies" shall mean all departments,
201+26 officers, boards, commissions, institutions and bodies
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178-1 "State construction contracts" does not include contracts
179-2 for workforce development or technical assistance for
180-3 businesses.
181-4 (6) "State agencies" shall mean all departments,
182-5 officers, boards, commissions, institutions and bodies
183-6 politic and corporate of the State, but does not include
184-7 the Board of Trustees of the University of Illinois, the
185-8 Board of Trustees of Southern Illinois University, the
186-9 Board of Trustees of Chicago State University, the Board
187-10 of Trustees of Eastern Illinois University, the Board of
188-11 Trustees of Governors State University, the Board of
189-12 Trustees of Illinois State University, the Board of
190-13 Trustees of Northeastern Illinois University, the Board of
191-14 Trustees of Northern Illinois University, the Board of
192-15 Trustees of Western Illinois University, municipalities or
193-16 other local governmental units, or other State
194-17 constitutional officers.
195-18 (7) "Public institutions of higher education" means
196-19 the University of Illinois, Southern Illinois University,
197-20 Chicago State University, Eastern Illinois University,
198-21 Governors State University, Illinois State University,
199-22 Northeastern Illinois University, Northern Illinois
200-23 University, Western Illinois University, the public
201-24 community colleges of the State, and any other public
202-25 universities, colleges, and community colleges now or
203-26 hereafter established or authorized by the General
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212+1 politic and corporate of the State, but does not include
213+2 the Board of Trustees of the University of Illinois, the
214+3 Board of Trustees of Southern Illinois University, the
215+4 Board of Trustees of Chicago State University, the Board
216+5 of Trustees of Eastern Illinois University, the Board of
217+6 Trustees of Governors State University, the Board of
218+7 Trustees of Illinois State University, the Board of
219+8 Trustees of Northeastern Illinois University, the Board of
220+9 Trustees of Northern Illinois University, the Board of
221+10 Trustees of Western Illinois University, municipalities or
222+11 other local governmental units, or other State
223+12 constitutional officers.
224+13 (7) "Public institutions of higher education" means
225+14 the University of Illinois, Southern Illinois University,
226+15 Chicago State University, Eastern Illinois University,
227+16 Governors State University, Illinois State University,
228+17 Northeastern Illinois University, Northern Illinois
229+18 University, Western Illinois University, the public
230+19 community colleges of the State, and any other public
231+20 universities, colleges, and community colleges now or
232+21 hereafter established or authorized by the General
233+22 Assembly.
234+23 (8) "Certification" means a determination made by the
235+24 Council or by one delegated authority from the Council to
236+25 make certifications, or by a State agency with statutory
237+26 authority to make such a certification, that a business
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214-1 Assembly.
215-2 (8) "Certification" means a determination made by the
216-3 Council or by one delegated authority from the Council to
217-4 make certifications, or by a State agency with statutory
218-5 authority to make such a certification, that a business
219-6 entity is a business owned by a minority, woman, or person
220-7 with a disability for whatever purpose. A business owned
221-8 and controlled by women shall be certified as a
222-9 "woman-owned business". A business owned and controlled by
223-10 women who are also minorities shall be certified as both a
224-11 "women-owned business" and a "minority-owned business".
225-12 (9) "Control" means the exclusive or ultimate and sole
226-13 control of the business including, but not limited to,
227-14 capital investment and all other financial matters,
228-15 property, acquisitions, contract negotiations, legal
229-16 matters, officer-director-employee selection and
230-17 comprehensive hiring, operating responsibilities,
231-18 cost-control matters, income and dividend matters,
232-19 financial transactions and rights of other shareholders or
233-20 joint partners. Control shall be real, substantial and
234-21 continuing, not pro forma. Control shall include the power
235-22 to direct or cause the direction of the management and
236-23 policies of the business and to make the day-to-day as
237-24 well as major decisions in matters of policy, management
238-25 and operations. Control shall be exemplified by possessing
239-26 the requisite knowledge and expertise to run the
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248+1 entity is a business owned by a minority, woman, or person
249+2 with a disability for whatever purpose. A business owned
250+3 and controlled by women shall be certified as a
251+4 "woman-owned business". A business owned and controlled by
252+5 women who are also minorities shall be certified as both a
253+6 "women-owned business" and a "minority-owned business".
254+7 (9) "Control" means the exclusive or ultimate and sole
255+8 control of the business including, but not limited to,
256+9 capital investment and all other financial matters,
257+10 property, acquisitions, contract negotiations, legal
258+11 matters, officer-director-employee selection and
259+12 comprehensive hiring, operating responsibilities,
260+13 cost-control matters, income and dividend matters,
261+14 financial transactions and rights of other shareholders or
262+15 joint partners. Control shall be real, substantial and
263+16 continuing, not pro forma. Control shall include the power
264+17 to direct or cause the direction of the management and
265+18 policies of the business and to make the day-to-day as
266+19 well as major decisions in matters of policy, management
267+20 and operations. Control shall be exemplified by possessing
268+21 the requisite knowledge and expertise to run the
269+22 particular business and control shall not include simple
270+23 majority or absentee ownership.
271+24 (10) "Business" means a business that has annual gross
272+25 sales of less than $150,000,000 as evidenced by the
273+26 federal income tax return of the business. A firm with
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250-1 particular business and control shall not include simple
251-2 majority or absentee ownership.
252-3 (10) "Business" means a business that has annual gross
253-4 sales of less than $150,000,000 as evidenced by the
254-5 federal income tax return of the business. A firm with
255-6 gross sales in excess of this cap may apply to the Council
256-7 for certification for a particular contract if the firm
257-8 can demonstrate that the contract would have significant
258-9 impact on businesses owned by minorities, women, or
259-10 persons with disabilities as suppliers or subcontractors
260-11 or in employment of minorities, women, or persons with
261-12 disabilities. Firms with gross sales in excess of this cap
262-13 that are granted certification by the Council shall be
263-14 granted certification for the life of the contract,
264-15 including available renewals.
265-16 (11) "Utilization plan" means a form and additional
266-17 documentations included in all bids or proposals that
267-18 demonstrates a vendor's proposed utilization of vendors
268-19 certified by the Business Enterprise Program to meet the
269-20 targeted goal. The utilization plan shall demonstrate that
270-21 the Vendor has either: (1) met the entire contract goal or
271-22 (2) requested a full or partial waiver and made good faith
272-23 efforts towards meeting the goal.
273-24 (12) "Business Enterprise Program" means the Business
274-25 Enterprise Program of the Commission on Equity and
275-26 Inclusion.
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284+1 gross sales in excess of this cap may apply to the Council
285+2 for certification for a particular contract if the firm
286+3 can demonstrate that the contract would have significant
287+4 impact on businesses owned by minorities, women, or
288+5 persons with disabilities as suppliers or subcontractors
289+6 or in employment of minorities, women, or persons with
290+7 disabilities. Firms with gross sales in excess of this cap
291+8 that are granted certification by the Council shall be
292+9 granted certification for the life of the contract,
293+10 including available renewals.
294+11 "Business" includes a not-for-profit organization that
295+12 submits bids for workforce development contracts or
296+13 provides technical assistance, notwithstanding the
297+14 organization's status as a not-for-profit organization, if
298+15 the not-for-profit organization otherwise meets the
299+16 requirements for participation under this Act.
300+17 (11) "Utilization plan" means a form and additional
301+18 documentations included in all bids or proposals that
302+19 demonstrates a vendor's proposed utilization of vendors
303+20 certified by the Business Enterprise Program to meet the
304+21 targeted goal. The utilization plan shall demonstrate that
305+22 the Vendor has either: (1) met the entire contract goal or
306+23 (2) requested a full or partial waiver and made good faith
307+24 efforts towards meeting the goal.
308+25 (12) "Business Enterprise Program" means the Business
309+26 Enterprise Program of the Commission on Equity and
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286-1 (13) "Workforce development" means career training and
287-2 networking if the career training or networking is
288-3 designed to increase participation by underrepresented
289-4 groups, including minorities, women, veterans, or
290-5 residents of economically distressed communities.
291-6 (14) "Technical assistance for businesses" means
292-7 assistance to create business opportunities for small
293-8 businesses that are minority-owned businesses, women-owned
294-9 businesses, and veteran-owned businesses and to support
295-10 those businesses.
296-11 (B) When a business is owned at least 51% by any
297-12 combination of minority persons, women, or persons with
298-13 disabilities, even though none of the 3 classes alone holds at
299-14 least a 51% interest, the ownership requirement for purposes
300-15 of this Act is considered to be met. The certification
301-16 category for the business is that of the class holding the
302-17 largest ownership interest in the business. If 2 or more
303-18 classes have equal ownership interests, the certification
304-19 category shall be determined by the business.
305-20 (Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
306-21 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)
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320+1 Inclusion.
321+2 (13) "Workforce development" means career training and
322+3 networking if the career training or networking is
323+4 designed to increase participation by underrepresented
324+5 groups, including minorities, women, veterans, or
325+6 residents of economically distressed communities.
326+7 (14) "Technical assistance for businesses" means
327+8 assistance to create business opportunities for small
328+9 businesses that are minority-owned businesses, women-owned
329+10 businesses, and veteran-owned businesses and to support
330+11 those businesses.
331+12 (B) When a business is owned at least 51% by any
332+13 combination of minority persons, women, or persons with
333+14 disabilities, even though none of the 3 classes alone holds at
334+15 least a 51% interest, the ownership requirement for purposes
335+16 of this Act is considered to be met. The certification
336+17 category for the business is that of the class holding the
337+18 largest ownership interest in the business. If 2 or more
338+19 classes have equal ownership interests, the certification
339+20 category shall be determined by the business.
340+21 (Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
341+22 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)
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