Public Act 098-0307
Public Act 0307 98TH GENERAL ASSEMBLY
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Public Act 098-0307
| | HB2408 Enrolled | LRB098 06361 OMW 36403 b |
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| AN ACT concerning finance.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The State Finance Act is amended by changing | Section 6z-64 as follows:
| (30 ILCS 105/6z-64) | Sec. 6z-64. The Workers' Compensation Revolving Fund. | (a) The Workers' Compensation Revolving Fund is created as | a revolving fund, not subject to fiscal year limitations, in | the State treasury. The following moneys shall be deposited | into the Fund: | (1) amounts authorized for transfer to the Fund from | the General Revenue Fund and other State funds (except for | funds classified by the Comptroller as federal trust funds | or State trust funds) pursuant to State law or Executive | Order; | (2) federal funds received by the Department of Central | Management Services (the "Department") as a result of | expenditures from the Fund; | (3) interest earned on moneys in the Fund; | (4) receipts or inter-fund transfers resulting from | billings issued to State agencies and universities for the | cost of workers' compensation services that are not |
| compensated through the specific fund transfers authorized | by this Section, if any; | (5) amounts received from a State agency or university | for workers' compensation payments for temporary total | disability, as provided in Section 405-105 of the | Department of Central Management Services Law of the Civil | Administrative Code of Illinois; and | (6) amounts recovered through subrogation in workers' | compensation and workers' occupational disease cases. | (b) Moneys in the Fund may be used by the Department for | reimbursement or payment for: | (1) providing workers' compensation services to State | agencies and State universities; or | (2) providing for payment of administrative and other | expenses (and, beginning January 1, 2013, fees and charges | made pursuant to a contract with a private vendor) incurred | in providing workers' compensation services. The | Department, or any successor agency designated to enter | into contracts with one or more private vendors for the | administration of the workers' compensation program for | State employees pursuant to subsection 10b of Section | 405-105 of the Department of Central Management Services | Law of the Civil Administrative Code of Illinois, is | authorized to establish one or more special funds, as | separate accounts provided by any bank or banks as defined | by the Illinois Banking Act, any savings and loan |
| association or associations as defined by the Illinois | Savings and Loan Act of 1985, or any credit union as | defined by the Illinois Credit Union Act, to be held by the | Director outside of the State treasury, for the purpose of | receiving the transfer of moneys from the Workers' | Compensation Revolving Fund. The Department may promulgate | rules further defining the methodology for the transfers. | Any interest earned by moneys in the funds or accounts | shall be deposited into the Workers' Compensation | Revolving Fund. The transferred moneys, and interest | accrued thereon, shall be used exclusively for transfers to | contracted private vendors or their financial institutions | for payments to workers' compensation claimants and | providers for workers' compensation services, claims, and | benefits pursuant to this Section and subsection 9 of | Section 405-105 of the Department of Central Management | Services Law of the Civil Administrative Code of Illinois. | The transferred moneys, and interest accrued thereon, | shall not be used for any other purpose including, but not | limited to, reimbursement or payment of administrative | fees due the contracted vendor pursuant to its contract or | contracts with the Department. | (c) State agencies may direct the Comptroller to process | inter-fund
transfers or make payment through the voucher and | warrant process to the Workers' Compensation Revolving Fund in | satisfaction of billings issued under subsection (a) of this |
| Section. | (d) Reconciliation. For the fiscal year beginning on July | 1, 2004 only, the Director of Central Management Services (the | "Director") shall order that each State agency's payments and | transfers made to the Fund be reconciled with actual Fund costs | for workers' compensation services provided by the Department | and attributable to the State agency and relevant fund on no | less than an annual basis. The Director may require reports | from State agencies as deemed necessary to perform this | reconciliation. | (d-5) Notwithstanding any other provision of State law to | the contrary, on or after July 1, 2005 and until June 30, 2006, | in addition to any other transfers that may be provided for by | law, at the direction of and upon notification of the Director | of Central Management Services, the State Comptroller shall | direct and the State Treasurer shall transfer amounts into the | Workers' Compensation Revolving Fund from the designated funds | not exceeding the following totals: | Mental Health Fund............................$17,694,000 | Statistical Services Revolving Fund............$1,252,600 | Department of Corrections Reimbursement | and Education Fund.........................$1,198,600 | Communications Revolving Fund....................$535,400 | Child Support Administrative Fund................$441,900 | Health Insurance Reserve Fund....................$238,900 | Fire Prevention Fund.............................$234,100 |
| Park and Conservation Fund.......................$142,000 | Motor Fuel Tax Fund..............................$132,800 | Illinois Workers' Compensation | Commission Operations Fund...................$123,900 | State Boating Act Fund...........................$112,300 | Public Utility Fund..............................$106,500 | State Lottery Fund...............................$101,300 | Traffic and Criminal Conviction | Surcharge Fund................................$88,500 | State Surplus Property Revolving Fund.............$82,700 | Natural Areas Acquisition Fund....................$65,600 | Securities Audit and Enforcement Fund.............$65,200 | Agricultural Premium Fund.........................$63,400 | Capital Development Fund..........................$57,500 | State Gaming Fund.................................$54,300 | Underground Storage Tank Fund.....................$53,700 | Illinois State Medical Disciplinary Fund..........$53,000 | Personal Property Tax Replacement Fund............$53,000 | General Professions Dedicated Fund...............$51,900
| Total $23,003,100
| (d-10) Notwithstanding any other provision of State law to | the contrary and in addition to any other transfers that may be | provided for by law, on the first day of each calendar quarter | of the fiscal year beginning July 1, 2005, or as soon as may be | practical thereafter, the State Comptroller shall direct and | the State Treasurer shall transfer from each designated fund |
| into the Workers' Compensation Revolving Fund amounts equal to | one-fourth of each of the following totals: | General Revenue Fund......................... $34,000,000 | Road Fund.................................... $25,987,000 | Total $59,987,000
| (d-12) Notwithstanding any other provision of State law to | the contrary and in addition to any other transfers that may be | provided for by law, on the effective date of this amendatory | Act of the 94th General Assembly, or as soon as may be | practical thereafter, the State Comptroller shall direct and | the State Treasurer shall transfer from each designated fund | into the Workers' Compensation Revolving Fund the following | amounts: | General Revenue Fund..........................$10,000,000 | Road Fund......................................$5,000,000 | Total $15,000,000
| (d-15) Notwithstanding any other provision of State law to | the contrary and in addition to any other transfers that may be | provided for by law, on July 1, 2006, or as soon as may be | practical thereafter, the State Comptroller shall direct and | the State Treasurer shall transfer from each designated fund | into the Workers' Compensation Revolving Fund the following | amounts: | General Revenue Fund.........................$44,028,200
| Road Fund....................................$28,084,000
| Total $72,112,200
|
| (d-20) Notwithstanding any other provision of State law to | the contrary, on or after July 1, 2006 and until June 30, 2007, | in addition to any other transfers that may be provided for by | law, at the direction of and upon notification of the Director | of Central Management Services, the State Comptroller shall | direct and the State Treasurer shall transfer amounts into the | Workers' Compensation Revolving Fund from the designated funds | not exceeding the following totals: | Mental Health Fund............................$19,121,800 | Statistical Services Revolving Fund............$1,353,700 | Department of Corrections Reimbursement | and Education Fund.........................$1,295,300 | Communications Revolving Fund....................$578,600 | Child Support Administrative Fund................$477,600 | Health Insurance Reserve Fund....................$258,200 | Fire Prevention Fund.............................$253,000 | Park and Conservation Fund.......................$153,500 | Motor Fuel Tax Fund..............................$143,500 | Illinois Workers' Compensation | Commission Operations Fund...................$133,900 | State Boating Act Fund...........................$121,400 | Public Utility Fund..............................$115,100 | State Lottery Fund...............................$109,500 | Traffic and Criminal Conviction Surcharge Fund....$95,700 | State Surplus Property Revolving Fund.............$89,400 | Natural Areas Acquisition Fund....................$70,800 |
| Securities Audit and Enforcement Fund.............$70,400 | Agricultural Premium Fund.........................$68,500 | State Gaming Fund.................................$58,600 | Underground Storage Tank Fund.....................$58,000 | Illinois State Medical Disciplinary Fund..........$57,200 | Personal Property Tax Replacement Fund............$57,200 | General Professions Dedicated Fund...............$56,100
| Total $24,797,000
| (d-25) Notwithstanding any other provision of State law to | the contrary and in addition to any other transfers that may be | provided for by law, on July 1, 2009, or as soon as may be | practical thereafter, the State Comptroller shall direct and | the State Treasurer shall transfer from each designated fund | into the Workers' Compensation Revolving Fund the following | amounts: | General Revenue Fund.........................$55,000,000 | Road Fund....................................$34,803,000 | Total $89,803,000 | (d-30) Notwithstanding any other provision of State law to | the contrary, on or after July 1, 2009 and until June 30, 2010, | in addition to any other transfers that may be provided for by | law, at the direction of and upon notification of the Director | of Central Management Services, the State Comptroller shall | direct and the State Treasurer shall transfer amounts into the | Workers' Compensation Revolving Fund from the designated funds | not exceeding the following totals: |
| Food and Drug Safety Fund.........................$13,900 | Teacher Certificate Fee Revolving Fund.............$6,500 | Transportation Regulatory Fund....................$14,500 | Financial Institution Fund........................$25,200 | General Professions Dedicated Fund................$25,300 | Illinois Veterans' Rehabilitation Fund............$64,600 | State Boating Act Fund...........................$177,100 | State Parks Fund.................................$104,300 | Lobbyist Registration Administration Fund.........$14,400 | Agricultural Premium Fund.........................$79,100 | Fire Prevention Fund.............................$360,200 | Mental Health Fund.............................$9,725,200 | Illinois State Pharmacy Disciplinary Fund..........$5,600 | Public Utility Fund...............................$40,900 | Radiation Protection Fund.........................$14,200 | Firearm Owner's Notification Fund..................$1,300 | Solid Waste Management Fund.......................$74,100 | Illinois Gaming Law Enforcement Fund..............$17,800 | Subtitle D Management Fund........................$14,100 | Illinois State Medical Disciplinary Fund..........$26,500 | Facility Licensing Fund...........................$11,700 | Plugging and Restoration Fund......................$9,100 | Explosives Regulatory Fund.........................$2,300 | Aggregate Operations Regulatory Fund...............$5,000 | Coal Mining Regulatory Fund........................$1,900 | Registered Certified Public Accountants' |
| Administration and Disciplinary Fund...........$1,500 | Weights and Measures Fund.........................$56,100 | Division of Corporations Registered | Limited Liability Partnership Fund.............$3,900 | Illinois School Asbestos Abatement Fund...........$14,000 | Secretary of State Special License Plate Fund.....$30,700 | Capital Development Board Revolving Fund..........$27,000 | DCFS Children's Services Fund.....................$69,300 | Asbestos Abatement Fund...........................$17,200 | Illinois Health Facilities Planning Fund..........$26,800 | Emergency Public Health Fund.......................$5,600 | Nursing Dedicated and Professional Fund...........$10,000 | Optometric Licensing and Disciplinary | Board Fund.....................................$1,600 | Underground Resources Conservation | Enforcement Fund..............................$11,500 | Drunk and Drugged Driving Prevention Fund.........$18,200 | Long Term Care Monitor/Receiver Fund..............$35,400 | Community Water Supply Laboratory Fund.............$5,600 | Securities Investors Education Fund................$2,000 | Used Tire Management Fund.........................$32,400 | Natural Areas Acquisition Fund...................$101,200 | Open Space Lands Acquisition | and
Development Fund..................$28,400 | Working Capital Revolving Fund...................$489,100 | State Garage Revolving Fund......................$791,900 |
| Statistical Services Revolving Fund............$3,984,700 | Communications Revolving Fund..................$1,432,800 | Facilities Management Revolving Fund...........$1,911,600 | Professional Services Fund.......................$483,600 | Motor Vehicle Review Board Fund...................$15,000 | Environmental Laboratory Certification Fund........$3,000 | Public Health Laboratory Services | Revolving Fund.................................$2,500 | Lead Poisoning Screening, Prevention, | and Abatement Fund............................$28,200 | Securities Audit and Enforcement Fund............$258,400 | Department of Business Services | Special Operations Fund......................$111,900 | Feed Control Fund.................................$20,800 | Tanning Facility Permit Fund.......................$5,400 | Plumbing Licensure and Program Fund...............$24,400 | Tax Compliance and Administration Fund............$27,200 | Appraisal Administration Fund......................$2,400 | Small Business Environmental Assistance Fund.......$2,200 | Illinois State Fair Fund..........................$31,400 | Secretary of State Special Services Fund.........$317,600 | Department of Corrections Reimbursement | and Education Fund...........................$324,500 | Health Facility Plan Review Fund..................$31,200 | Illinois Historic Sites Fund......................$11,500 | Attorney General Court Ordered and Voluntary |
| Compliance Payment Projects Fund..............$18,500 | Public Pension Regulation Fund.....................$5,600 | Illinois Charity Bureau Fund......................$11,400 | Renewable Energy Resources Trust Fund..............$6,700 | Energy Efficiency Trust Fund.......................$3,600 | Pesticide Control Fund............................$56,800 | Attorney General Whistleblower Reward | and Protection Fund...........................$14,200 | Partners for Conservation Fund....................$36,900 | Capital Litigation Trust Fund........................$800 | Motor Vehicle License Plate Fund..................$99,700 | Horse Racing Fund.................................$18,900 | Death Certificate Surcharge Fund..................$12,800 | Auction Regulation Administration Fund...............$500 | Motor Carrier Safety Inspection Fund..............$55,800 | Assisted Living and Shared Housing | Regulatory Fund..................................$900 | Illinois Thoroughbred Breeders Fund................$9,200 | Illinois Clean Water Fund.........................$42,300 | Secretary of State DUI Administration Fund........$16,100 | Child Support Administrative Fund..............$1,037,900 | Secretary of State Police Services Fund............$1,200 | Tourism Promotion Fund............................$34,400 | IMSA Income Fund..................................$12,700 | Presidential Library and Museum Operating Fund....$83,000 | Dram Shop Fund....................................$44,500 |
| Illinois State Dental Disciplinary Fund............$5,700 | Cycle Rider Safety Training Fund...................$8,700 | Traffic and Criminal Conviction Surcharge Fund...$106,100 | Design Professionals Administration | and Investigation Fund.........................$4,500 | State Police Services Fund.......................$276,100 | Metabolic Screening and Treatment Fund............$90,800 | Insurance Producer Administration Fund............$45,600 | Coal Technology Development Assistance Fund.......$11,700 | Hearing Instrument Dispenser Examining | and Disciplinary Fund..........................$1,900 | Low-Level Radioactive Waste Facility | Development and Operation Fund.................$1,000 | Environmental Protection Permit and | Inspection Fund...............................$66,900 | Park and Conservation Fund.......................$199,300 | Local Tourism Fund.................................$2,400 | Illinois Capital Revolving Loan Fund..............$10,000 | Large Business Attraction Fund.......................$100 | Adeline Jay Geo-Karis Illinois Beach | Marina Fund...................................$27,200 | Public Infrastructure Construction | Loan Revolving Fund............................$1,700 | Insurance Financial Regulation Fund...............$69,200 | Total $24,197,800 | (d-35) Notwithstanding any other provision of State law to |
| the contrary and in addition to any other transfers that may be | provided for by law, on July 1, 2010, or as soon as may be | practical thereafter, the State Comptroller shall direct and | the State Treasurer shall transfer from each designated fund | into the Workers' Compensation Revolving Fund the following | amounts: | General Revenue Fund.........................$55,000,000 | Road Fund....................................$50,955,300 | Total $105,955,300 | (d-40) Notwithstanding any other provision of State law to | the contrary, on or after July 1, 2010 and until June 30, 2011, | in addition to any other transfers that may be provided for by | law, at the direction of and upon notification of the Director | of Central Management Services, the State Comptroller shall | direct and the State Treasurer shall transfer amounts into the | Workers' Compensation Revolving Fund from the designated funds | not exceeding the following totals: | Food and Drug Safety Fund.........................$8,700 | Financial Institution Fund.......................$44,500 | General Professions Dedicated Fund...............$51,400 | Live and Learn Fund..............................$10,900 | Illinois Veterans' Rehabilitation Fund..........$106,000 | State Boating Act Fund..........................$288,200 | State Parks Fund................................$185,900 | Wildlife and Fish Fund........................$1,550,300 | Lobbyist Registration Administration Fund........$18,100 |
| Agricultural Premium Fund.......................$176,100 | Mental Health Fund..............................$291,900 | Firearm Owner's Notification Fund.................$2,300 | Illinois Gaming Law Enforcement Fund.............$11,300 | Illinois State Medical Disciplinary Fund.........$42,300 | Facility Licensing Fund..........................$14,200 | Plugging and Restoration Fund....................$15,600 | Explosives Regulatory Fund........................$4,800 | Aggregate Operations Regulatory Fund..............$6,000 | Coal Mining Regulatory Fund.......................$7,200 | Registered Certified Public Accountants' | Administration and Disciplinary Fund..........$1,900 | Weights and Measures Fund.......................$105,200 | Division of Corporations Registered | Limited Liability Partnership Fund............$5,300 | Illinois School Asbestos Abatement Fund..........$19,900 | Secretary of State Special License Plate Fund....$38,700 | DCFS Children's Services Fund...................$123,100 | Illinois Health Facilities Planning Fund.........$29,700 | Emergency Public Health Fund......................$6,800 | Nursing Dedicated and Professional Fund..........$13,500 | Optometric Licensing and Disciplinary | Board Fund....................................$1,800 | Underground Resources Conservation | Enforcement Fund.............................$16,500 | Mandatory Arbitration Fund........................$5,400 |
| Drunk and Drugged Driving Prevention Fund........$26,400 | Long Term Care Monitor/Receiver Fund.............$43,800 | Securities Investors Education Fund..............$28,500 | Used Tire Management Fund.........................$6,300 | Natural Areas Acquisition Fund..................$185,000 | Open Space Lands Acquisition and | Development Fund.............................$46,800 | Working Capital Revolving Fund..................$741,500 | State Garage Revolving Fund.....................$356,200 | Statistical Services Revolving Fund...........$1,775,900 | Communications Revolving Fund...................$630,600 | Facilities Management Revolving Fund............$870,800 | Professional Services Fund......................$275,500 | Motor Vehicle Review Board Fund..................$12,900 | Public Health Laboratory Services | Revolving Fund................................$5,300 | Lead Poisoning Screening, Prevention, | and Abatement Fund...........................$42,100 | Securities Audit and Enforcement Fund...........$162,700 | Department of Business Services | Special Operations Fund.....................$143,700 | Feed Control Fund................................$32,300 | Tanning Facility Permit Fund......................$3,900 | Plumbing Licensure and Program Fund..............$32,600 | Tax Compliance and Administration Fund...........$48,400 | Appraisal Administration Fund.....................$3,600 |
| Illinois State Fair Fund.........................$30,200 | Secretary of State Special Services Fund........$214,400 | Department of Corrections Reimbursement | and Education Fund..........................$438,300 | Health Facility Plan Review Fund.................$29,900 | Public Pension Regulation Fund....................$9,900 | Pesticide Control Fund..........................$107,500 | Partners for Conservation Fund..................$189,300 | Motor Vehicle License Plate Fund................$143,800 | Horse Racing Fund................................$20,900 | Death Certificate Surcharge Fund.................$16,800 | Auction Regulation Administration Fund............$1,000 | Motor Carrier Safety Inspection Fund.............$56,800 | Assisted Living and Shared Housing | Regulatory Fund...............................$2,200 | Illinois Thoroughbred Breeders Fund..............$18,100 | Secretary of State DUI Administration Fund.......$19,800 | Child Support Administrative Fund.............$1,809,500 | Secretary of State Police Services Fund...........$2,500 | Medical Special Purposes Trust Fund..............$20,400 | Dram Shop Fund...................................$57,200 | Illinois State Dental Disciplinary Fund...........$9,500 | Cycle Rider Safety Training Fund.................$12,200 | Traffic and Criminal Conviction Surcharge Fund..$128,900 | Design Professionals Administration | and Investigation Fund........................$7,300 |
| State Police Services Fund......................$335,700 | Metabolic Screening and Treatment Fund...........$81,600 | Insurance Producer Administration Fund...........$77,000 | Hearing Instrument Dispenser Examining | and Disciplinary Fund.........................$1,900 | Park and Conservation Fund......................$361,500 | Adeline Jay Geo-Karis Illinois Beach | Marina Fund..................................$42,800 | Insurance Financial Regulation Fund.............$108,000 | Total $13,033,200 | (d-45) Notwithstanding any other provision of State law to | the contrary and in addition to any other transfers that may be | provided for by law, on July 1, 2011, or as soon as may be | practical thereafter, the State Comptroller shall direct and | the State Treasurer shall transfer the sum of $45,000,000 from | the General Revenue Fund into the Workers' Compensation | Revolving Fund. | (e) The term "workers' compensation services" means | services, claims expenses, and related administrative costs | incurred in performing the duties under
Sections 405-105 and | 405-411 of the Department of Central Management Services Law of | the Civil Administrative Code of Illinois.
| (Source: P.A. 96-45, eff. 7-15-09; 96-959, eff. 7-1-10; 97-641, | eff. 12-19-11; 97-895, eff. 8-3-12.)
| Section 10. The Illinois Procurement Code is amended by |
| changing Section 45-57 as follows:
| (30 ILCS 500/45-57) | Sec. 45-57. Veterans. | (a) Set-aside goal. It is the goal of the State to promote | and encourage the continued economic development of small | businesses owned and controlled by qualified veterans and that | qualified service-disabled veteran-owned small businesses | (referred to as SDVOSB) and veteran-owned small businesses | (referred to as VOSB) participate in the State's procurement | process as both prime contractors and subcontractors. Not less | than 3% of the total dollar amount of State contracts, as | defined by the Director of Central Management Services, shall | be established as a goal to be awarded to SDVOSB and VOSB. That
| portion of a contract under which the contractor subcontracts
| with a SDVOSB or VOSB may be counted toward the
goal of this | subsection. The Department of Central Management Services | shall adopt rules to implement compliance with this subsection | by all State agencies. | (b) Fiscal year reports. By each September 1, each chief | procurement officer shall report to the Department of Central | Management Services on all of the following for the immediately | preceding fiscal year, and by each March 1 the Department of | Central Management Services shall compile and report that | information to the General Assembly: | (1) The total number of VOSB, and the number of SDVOSB, |
| who submitted bids for contracts under this Code. | (2) The total number of VOSB, and the number of SDVOSB, | who entered into contracts with the State under this Code | and the total value of those contracts. | (c) Yearly review and recommendations. Each year, each | chief procurement officer shall review the progress of all | State agencies under its jurisdiction in meeting the goal | described in subsection (a), with input from statewide | veterans' service organizations and from the business | community, including businesses owned by qualified veterans, | and shall make recommendations to be included in the Department | of Central Management Services' report to the General Assembly | regarding continuation, increases, or decreases of the | percentage goal. The recommendations shall be based upon the | number of businesses that are owned by qualified veterans and | on the continued need to encourage and promote businesses owned | by qualified veterans. | (d) Governor's recommendations. To assist the State in | reaching the goal described in subsection (a), the Governor | shall recommend to the General Assembly changes in programs to | assist businesses owned by qualified veterans. | (e) Definitions. As used in this Section: | "Armed forces of the United States" means the United States | Army, Navy, Air Force, Marine Corps, Coast Guard, or service in | active duty as defined under 38 U.S.C. Section 101. Service in | the Merchant Marine that constitutes active duty under Section |
| 401 of federal Public Act 95-202 shall also be considered | service in the armed forces for purposes of this Section. | "Certification" means a determination made by the Illinois | Department of Veterans' Affairs and the Department of Central | Management Services that a business entity is a qualified | service-disabled veteran-owned small business or a qualified | veteran-owned small business for whatever purpose. A SDVOSB or | VOSB owned and controlled by females, minorities, or persons | with disabilities, as those terms are defined in Section 2 of | the Business Enterprise for Minorities, Females, and Persons | with Disabilities Act, may also shall select and designate | whether that business is to be certified as a "female-owned | business", "minority-owned business", or "business owned by a | person with a disability", as defined in Section 2 of the | Business Enterprise for Minorities, Females, and Persons with | Disabilities Act, or as a qualified SDVOSB or qualified VOSB | under this Section. | "Control" means the exclusive, ultimate, majority, or 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, | operation 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. | "Qualified service-disabled veteran" means a
veteran who | has been found to have 10% or more service-connected disability | by the United States Department of Veterans Affairs or the | United States Department of Defense. | "Qualified service-disabled veteran-owned small business" | or "SDVOSB" means a small business (i) that is at least 51% | owned by one or more qualified service-disabled veterans living | in Illinois or, in the case of a corporation, at least 51% of | the stock of which is owned by one or more qualified | service-disabled veterans living in Illinois; (ii) that has its | home office in Illinois; and (iii) for which items (i) and (ii) | are factually verified annually by the Department of Central | Management Services. | "Qualified veteran-owned small business" or "VOSB" means a | small business (i) that is at least 51% owned by one or more | qualified veterans living in Illinois or, in the case of a | corporation, at least 51% of the stock of which is owned by one | or more qualified veterans living in Illinois; (ii) that has | its home office in Illinois; and (iii) for which items (i) and |
| (ii) are factually verified annually by the Department of | Central Management Services. | "Service-connected disability" means a disability incurred | in the line of duty in the active military, naval, or air | service as described in 38 U.S.C. 101(16). | "Small 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 Department of Central | Management Services for certification for a particular | contract if the firm can demonstrate that the contract would | have significant impact on SDVOSB or VOSB as suppliers or | subcontractors or in employment of veterans or | service-disabled veterans. | "State agency" has the same meaning as in Section 2 of the | Business Enterprise for Minorities, Females, and Persons with | Disabilities Act. | "Time of hostilities with a foreign country" means any | period of time in the past, present, or future during which a | declaration of war by the United States Congress has been or is | in effect or during which an emergency condition has been or is | in effect that is recognized by the issuance of a Presidential | proclamation or a Presidential executive order and in which the | armed forces expeditionary medal or other campaign service | medals are awarded according to Presidential executive order. | "Veteran" means a person who (i) has been a member of the |
| armed forces of the United States or, while a citizen of the | United States, was a member of the armed forces of allies of | the United States in time of hostilities with a foreign country | and (ii) has served under one or more of the following | conditions: (a) the veteran served a total of at least 6 | months; (b) the veteran served for the duration of hostilities | regardless of the length of the engagement; (c) the veteran was | discharged on the basis of hardship; or (d) the veteran was | released from active duty because of a service connected | disability and was discharged under honorable conditions. | (f) Certification program. The Illinois Department of | Veterans' Affairs and the Department of Central Management | Services shall work together to devise a certification | procedure to assure that businesses taking advantage of this | Section are legitimately classified as qualified | service-disabled veteran-owned small businesses or qualified | veteran-owned small businesses.
| (g) Penalties. | (1) Administrative penalties. The Department of | Central Management Services shall suspend any person who | commits a violation of Section 17-10.3 or subsection (d) of | Section 33E-6 of the Criminal Code of 1961 or the Criminal | Code of 2012 relating to this Section from bidding on, or | participating as a contractor, subcontractor, or supplier | in, any State contract or project for a period of not less | than 3 years, and, if the person is certified as a |
| service-disabled veteran-owned small business or a | veteran-owned small business, then the Department shall | revoke the business's certification for a period of not | less than 3 years. An additional or subsequent violation | shall extend the periods of suspension and revocation for a | period of not less than 5 years. The suspension and | revocation shall apply to the principals of the business | and any subsequent business formed or financed by, or | affiliated with, those principals. | (2) Reports of violations. Each State agency shall | report any alleged violation of Section 17-10.3 or | subsection (d) of Section 33E-6 of the Criminal Code of | 1961 or the Criminal Code of 2012 relating to this Section | to the Department of Central Management Services. The | Department of Central Management Services shall | subsequently report all such alleged violations to the | Attorney General, who shall determine whether to bring a | civil action against any person for the violation. | (3) List of suspended persons. The Department of | Central Management Services shall monitor the status of all | reported violations of Section 17-10.3 or subsection (d) of | Section 33E-6 of the Criminal Code of 1961 or the Criminal | Code of 2012 relating to this Section and shall maintain | and make available to all State agencies a central listing | of all persons that committed violations resulting in | suspension. |
| (4) Use of suspended persons. During the period of a | person's suspension under paragraph (1) of this | subsection, a State agency shall not enter into any | contract with that person or with any contractor using the | services of that person as a subcontractor. | (5) Duty to check list. Each State agency shall check | the central listing provided by the Department of Central | Management Services under paragraph (3) of this subsection | to verify that a person being awarded a contract by that | State agency, or to be used as a subcontractor or supplier | on a contract being awarded by that State agency, is not | under suspension pursuant to paragraph (1) of this | subsection. | (Source: P.A. 96-96, eff. 1-1-10; 97-260, eff. 8-5-11; 97-1150, | eff. 1-25-13.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/12/2013
|
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