Bill Text: IL SB0636 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Public Utilities Act. Makes a technical change in a Section concerning the short title and applicability of the Electric Service Customer Choice and Rate Relief Law of 1997.

Spectrum: Partisan Bill (Democrat 27-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB0636 Detail]

Download: Illinois-2013-SB0636-Amended.html

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Rep. Robyn Gabel

Filed: 12/3/2014

09800SB0636ham007 LRB098 23521 RPS 62718 a
AMENDMENT TO SENATE BILL 636
AMENDMENT NO. ______. Amend Senate Bill 636, AS AMENDED,
with reference to page and line numbers of House Amendment No.
6, as follows:
on page 44, immediately below line 23, by inserting the
following:
"Section 27. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by
changing Section 2 as follows:
(30 ILCS 575/2)
(Section scheduled to be repealed on June 30, 2016)
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

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citizen or lawful permanent resident of the United States
and who is any of the following:
(a) American Indian or Alaska Native (a person
having origins in any of the original peoples of North
and South America, including Central America, and who
maintains tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited
to, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam).
(c) Black or African American (a person having
origins in any of the black racial groups of Africa).
Terms such as "Haitian" or "Negro" can be used in
addition to "Black or African American".
(d) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(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

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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,
Crohn's disease,
cystic fibrosis,
deafness,
head injury,
heart disease,
hemiplegia,
hemophilia,
respiratory or pulmonary dysfunction,
an intellectual disability,
mental illness,
multiple sclerosis,
muscular dystrophy,
musculoskeletal disorders,

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neurological disorders, including stroke and
epilepsy,
paraplegia,
quadriplegia and other spinal cord conditions,
sickle cell anemia,
ulcerative colitis,
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

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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

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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. "State agencies" shall include
the Illinois Health Benefits Exchange.
(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.

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(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. A business owned
and controlled by females shall be certified as a "female
owned business". A business owned and controlled by females
who are also minorities shall be certified as both a
"female owned business" and a "minority owned business".
(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

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absentee ownership.
(10) "Business concern or business" means a business
that has annual gross sales of less than $75,000,000 as
evidenced by the federal income tax return of the business.
A firm with gross sales in excess of this cap 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 business concern.
(Source: P.A. 97-227, eff. 1-1-12; 97-396, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-95, eff. 7-17-13.)".