HB2679ham001 99TH GENERAL ASSEMBLY

Rep. William Davis

Filed: 3/5/2015

09900HB2679ham001 LRB099 07331 SXM 31983 a

AMENDMENT TO HOUSE BILL 2679

AMENDMENT NO. ______. Amend House Bill 2679 by replacing everything after the enacting clause with the following:

"Section 5. The Business Enterprise for Minorities, Females, and Persons with Disabilities Act is amended by adding Section 10 as follows:

(30 ILCS 575/10 new)

Sec. 10. African-American employment opportunities.

(a) In the employment and appointment to fill positions in the construction, addition to, or alteration of all public works undertaken or contracted for by the State, or by any political subdivision thereof, preference shall be given to Black or African-American persons and Hispanic or Latino persons, as defined in Section 2 of this Act, as well as persons who have served in the armed forces under Section 55 of the Veterans Preference Act.

(b) Every contract for such work shall contain a term providing for the preference given in subsection (a).

(c) Any person who knowingly and willfully violates the provisions of this Act, is guily of a petty offense and shall be fined not less than $75, nor more than $300 for each offense.

Section 10. The Veterans Preference Act is amended by changing Section 1 as follows:

(330 ILCS 55/1) (from Ch. 126 1/2, par. 23)

Sec. 1. In the employment and appointment to fill positions in the construction, addition to, or alteration of all public works undertaken or contracted for by the State, or by any political subdivision thereof, preference shall be given to persons of Black or African-American and Hispanic or Latino origins under Section 10 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act, and persons who have been members of the armed forces of the United States or who, while citizens of the United States, were members of the armed forces of allies of the United States in time of hostilities with a foreign country, and have served under one or more of the following conditions:

(1) The veteran served a total of at least 6 months, or

(2) The veteran served for the duration of hostilities regardless of the length of engagement, or

(3) The veteran served in the theater of operations but was discharged on the basis of a hardship, or

(4) The veteran was released from active duty because of a service connected disability and was honorably discharged. But such preference shall be given only to those persons who are found to possess the business capacity necessary for the proper discharge of the duties of such employment. No political subdivision or person contracting for such public works is required to give preference to veterans, not residents of such district, over residents thereof, who are not veterans.

As used in this Section:

"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.

"Armed forces of the United States" means the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, United States Reserve Forces, or Illinois National Guard. Service in the Merchant Marine that constitutes active duty under Section 401 of federal Public Law 95-202 shall also be considered service in the Armed Forces of the United States for purposes of this Section.

(Source: P.A. 95-566, eff. 8-31-07.)".