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Public Act 101-0170 Public Act 0170 101ST GENERAL ASSEMBLY |
Public Act 101-0170 | SB0534 Enrolled | LRB101 04295 RJF 49303 b |
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| AN ACT concerning government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Department of Labor Law of the
Civil | Administrative Code of Illinois is amended by adding Section | 1505-215 as follows: | (20 ILCS 1505/1505-215 new) | Sec. 1505-215. Bureau on Apprenticeship Programs; Advisory | Board. | (a) There is created within the Department of Labor a | Bureau on Apprenticeship Programs. This Bureau shall work to | increase minority participation in active apprentice programs | in Illinois that are approved by the United States Department | of Labor. The Bureau shall identify barriers to minorities | gaining access to construction careers and make | recommendations to the Governor and the General Assembly for | policies to remove those barriers. The Department may hire | staff to perform outreach in promoting diversity in active | apprenticeship programs approved by the United States | Department of Labor. The Bureau shall annually compile racial | and gender workforce diversity information from contractors | receiving State or other public funds and by labor unions with | members working on projects receiving State or other public |
| funds. | (b) There is created the Advisory Board for Diversity in | Active Apprenticeship Programs Approved by the United States | Department of Labor. This Advisory Board shall be composed of | 12 legislators; 3 members appointed by the President of the | Senate, 3 members appointed by the Speaker of the House of | Representatives, 3 members appointed by the Minority Leader of | the Senate, and 3 members appointed by the Minority Leader of | the House of Representatives. The President of the Senate and | the Speaker of the House of Representatives shall each appoint | a co-chairperson. Members of the Advisory Board shall receive | no compensation for serving as members of the Advisory Board. | The Advisory Board shall meet quarterly. The Advisory Board may | request necessary additional information from the Department, | other State agencies, or public institutions of higher | education for the purposes of performing its duties under this | Section. The Advisory Board may advise the Department of | programs to increase diversity in active apprenticeship | programs. The Department shall provide administrative support | and staffing for the Advisory Board. | Section 10. The Business Enterprise for Minorities, Women, | and Persons with
Disabilities Act is amended by changing | Sections 4, 4f, 7, and 9 as follows:
| (30 ILCS 575/4) (from Ch. 127, par. 132.604)
|
| (Section scheduled to be repealed on June 30, 2020)
| Sec. 4. Award of State contracts.
| (a) Except as provided in subsections (b) and (c), not less | than 20% of
the total dollar amount of State contracts, as | defined by the Secretary of
the Council and approved by the | Council, shall be established as an aspirational goal to
be | awarded to businesses owned by minorities,
women, and persons | with disabilities; provided, however, that
of the total amount | of all
State contracts awarded to businesses owned by
| minorities, women, and persons with disabilities pursuant to
| this Section, contracts representing at least 11% shall be | awarded to businesses owned by minorities, contracts | representing at least 7% shall be awarded to women-owned | businesses, and contracts representing at least 2% shall be | awarded to businesses owned by persons with disabilities.
| The above percentage relates to the total dollar amount of | State
contracts during each State fiscal year, calculated by | examining
independently each type of contract for each agency | or public institutions of higher education which
lets such | contracts. Only that percentage of arrangements which | represents the participation of businesses owned by
| minorities, women, and persons with disabilities on such | contracts shall
be included.
| (b) Not In the case of State construction contracts, the | provisions of
subsection (a) requiring a portion of State | contracts to be awarded to
businesses owned and controlled by |
| persons with
disabilities do not apply. The following | aspirational goals are established for State construction | contracts: not less
than 20% of the total dollar amount of | State construction contracts is
established as an aspirational | a goal to be awarded to businesses owned by minorities, women, | and persons with disabilities; provided that, contracts | representing at least 11% of the total dollar amount of State | construction contracts shall be awarded to businesses owned by | minorities; contracts representing at least 7% of the total | dollar amount of State construction contracts shall be awarded | to women-owned businesses; and contracts representing at least | 2% of the total dollar amount of State construction contracts | shall be awarded to businesses owned by persons with | disabilities minority-owned and women-owned
businesses .
| (c) (Blank). In the case of all work undertaken by the | University of Illinois related to the planning, organization, | and staging of the games, the University of Illinois shall | establish a goal of awarding not less than 25% of the annual | dollar value of all contracts, purchase orders, and other | agreements (collectively referred to as "the contracts") to | minority-owned businesses or businesses owned by a person with | a disability and 5% of the annual dollar value the contracts to | women-owned businesses. For purposes of this subsection, the | term "games" has the meaning set forth in the Olympic Games and | Paralympic Games (2016) Law. | (d) Within one year after April 28, 2009 (the effective |
| date of Public Act 96-8), the Department of Central Management | Services shall conduct a social scientific study that measures | the impact of discrimination on minority and women business | development in Illinois. Within 18 months after April 28, 2009 | (the effective date of Public Act 96-8), the Department shall | issue a report of its findings and any recommendations on | whether to adjust the goals for minority and women | participation established in this Act. Copies of this report | and the social scientific study shall be filed with the | Governor and the General Assembly. | By December 1, 2020, the Department of Central Management | Services shall conduct a new social scientific study that | measures the impact of discrimination on minority and women | business development in Illinois. By June 1, 2022, the | Department shall issue a report of its findings and any | recommendations on whether to adjust the goals for minority and | women participation established in this Act. Copies of this | report and the social scientific study shall be filed with the | Governor, the Advisory Board, and the General Assembly. | (e) Except as permitted under this Act or as otherwise | mandated by federal law or regulation, those who submit bids or | proposals for State contracts subject to the provisions of this | Act, whose bids or proposals are successful and include a | utilization plan but that fail to meet the goals set forth in | subsection (b) of this Section, shall be notified of that | deficiency and shall be afforded a period not to exceed 10 |
| calendar days from the date of notification to cure that | deficiency in the bid or proposal. The deficiency in the bid or | proposal may only be cured by contracting with additional | subcontractors who are owned by minorities or women . Any | increase in cost to
a contract for the addition of a | subcontractor to cure a bid's deficiency
shall not be used in | the request for an exemption in this Act, and , but in no case | shall an identified subcontractor with a certification made | pursuant to this Act be terminated from the contract without | the written consent of the State agency or public institution | of higher education entering into the contract. | (f) Non-construction solicitations that include Business | Enterprise Program participation goals shall require bidders | and offerors to include utilization plans. Utilization plans | are due at the time of bid or offer submission. Failure to | complete and include a utilization plan, including | documentation demonstrating good faith effort when requesting | a waiver, shall render the bid or offer non-responsive. | (Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16; | 100-391, eff. 8-25-17.) | (30 ILCS 575/4f) | (Section scheduled to be repealed on June 30, 2020) | Sec. 4f. Award of State contracts. | (1) It is hereby declared to be the public policy of the | State of Illinois to promote and encourage each State agency |
| and public institution of higher education to use businesses | owned by minorities, women, and persons with disabilities in | the area of goods and services, including, but not limited to, | insurance services, investment management services, | information technology services, accounting services, | architectural and engineering services, and legal services. | Furthermore, each State agency and public institution of higher | education shall utilize such firms to the greatest extent | feasible within the bounds of financial and fiduciary prudence, | and take affirmative steps to remove any barriers to the full | participation of such firms in the procurement and contracting | opportunities afforded. | (a) When a State agency or public institution of higher | education, other than a community college, awards a | contract for insurance services, for each State agency or | public institution of higher education, it shall be the | aspirational goal to use insurance brokers owned by | minorities, women, and persons with disabilities as | defined by this Act, for not less than 20% of the total | annual premiums or fees ; provided that, contracts | representing at least 11% of the total annual premiums or | fees shall be awarded to businesses owned by minorities; | contracts representing at least 7% of the total annual | premiums or fees shall be awarded to women-owned | businesses; and contracts representing at least 2% of the | total annual premiums or fees shall be awarded to |
| businesses owned by persons with disabilities . | (b) When a State agency or public institution of higher | education, other than a community college, awards a | contract for investment services, for each State agency or | public institution of higher education, it shall be the | aspirational goal to use emerging investment managers | owned by minorities, women, and persons with disabilities | as defined by this Act, for not less than 20% of the total | funds under management ; provided that, contracts | representing at least 11% of the total funds under | management shall be awarded to businesses owned by | minorities; contracts representing at least 7% of the total | funds under management shall be awarded to women-owned | businesses; and contracts representing at least 2% of the | total funds under management shall be awarded to businesses | owned by persons with disabilities . Furthermore, it is the | aspirational goal that not less than 20% of the direct | asset managers of the State funds be minorities, women, and | persons with disabilities. | (c) When a State agency or public institution of higher | education, other than a community college, awards | contracts for information technology services, accounting | services, architectural and engineering services, and | legal services, for each State agency and public | institution of higher education, it shall be the | aspirational goal to use such firms owned by minorities, |
| women, and persons with disabilities as defined by this Act | and lawyers who are minorities, women, and persons with | disabilities as defined by this Act, for not less than 20% | of the total dollar amount of State contracts ; provided | that, contracts representing at least 11% of the total | dollar amount of State contracts shall be awarded to | businesses owned by minorities or minority lawyers; | contracts representing at least 7% of the total dollar | amount of State contracts shall be awarded to women-owned | businesses or women who are lawyers; and contracts | representing at least 2% of the total dollar amount of | State contracts shall be awarded to businesses owned by | persons with disabilities or persons with disabilities who | are lawyers . | (d) When a community college awards a contract for | insurance services, investment services, information | technology services, accounting services, architectural | and engineering services, and legal services, it shall be | the aspirational goal of each community college to use | businesses owned by minorities, women, and persons with | disabilities as defined in this Act for not less than 20% | of the total amount spent on contracts for these services | collectively ; provided that, contracts representing at | least 11% of the total amount spent on contracts for these | services shall be awarded to businesses owned by | minorities; contracts representing at least 7% of the total |
| amount spent on contracts for these services shall be | awarded to women-owned businesses; and contracts | representing at least 2% of the total amount spent on | contracts for these services shall be awarded to businesses | owned by persons with disabilities . When a community | college awards contracts for investment services, | contracts awarded to investment managers who are not | emerging investment managers as defined in this Act shall | not be considered businesses owned by minorities, women, or | persons with disabilities for the purposes of this Section. | (2) As used in this Section: | "Accounting services" means the measurement, | processing and communication of financial information | about economic entities including, but is not limited to, | financial accounting, management accounting, auditing, | cost containment and auditing services, taxation and | accounting information systems. | "Architectural and engineering services" means | professional services of an architectural or engineering | nature, or incidental services, that members of the | architectural and engineering professions, and individuals | in their employ, may logically or justifiably perform, | including studies, investigations, surveying and mapping, | tests, evaluations, consultations, comprehensive planning, | program management, conceptual designs, plans and | specifications, value engineering, construction phase |
| services, soils engineering, drawing reviews, preparation | of operating and maintenance manuals, and other related | services. | "Emerging investment manager" means an investment | manager or claims consultant having assets under | management below $10 billion or otherwise adjudicating | claims. | "Information technology services" means, but is not | limited to, specialized technology-oriented solutions by | combining the processes and functions of software, | hardware, networks, telecommunications, web designers, | cloud developing resellers, and electronics. | "Insurance broker" means an insurance brokerage firm, | claims administrator, or both, that procures, places all | lines of insurance, or administers claims with annual | premiums or fees of at least $5,000,000 but not more than | $10,000,000. | "Legal services" means work performed by a lawyer | including, but not limited to, contracts in anticipation of | litigation, enforcement actions, or investigations. | (3) Each State agency and public institution of higher | education shall adopt policies that identify its plan and | implementation procedures for increasing the use of service | firms owned by minorities, women, and persons with | disabilities. | (4) Except as provided in subsection (5), the Council shall |
| file no later than March 1 of each year an annual report to the | Governor , the Bureau on Apprenticeship Programs, and the | General Assembly. The report filed with the General Assembly | shall be filed as required in Section 3.1 of the General | Assembly Organization Act. This report shall: (i) identify the | service firms used by each State agency and public institution | of higher education, (ii) identify the actions it has | undertaken to increase the use of service firms owned by | minorities, women, and persons with disabilities, including | encouraging non-minority-owned firms to use other service | firms owned by minorities, women, and persons with disabilities | as subcontractors when the opportunities arise, (iii) state any | recommendations made by the Council to each State agency and | public institution of higher education to increase | participation by the use of service firms owned by minorities, | women, and persons with disabilities, and (iv) include the | following: | (A) For insurance services: the names of the insurance | brokers or claims consultants used, the total of risk | managed by each State agency and public institution of | higher education by insurance brokers, the total | commissions, fees paid, or both, the lines or insurance | policies placed, and the amount of premiums placed; and the | percentage of the risk managed by insurance brokers, the | percentage of total commission, fees paid, or both, the | lines or insurance policies placed, and the amount of |
| premiums placed with each by the insurance brokers owned by | minorities, women, and persons with disabilities by each | State agency and public institution of higher education. | (B) For investment management services: the names of | the investment managers used, the total funds under | management of investment managers; the total commissions, | fees paid, or both; the total and percentage of funds under | management of emerging investment managers owned by | minorities, women, and persons with disabilities, | including the total and percentage of total commissions, | fees paid, or both by each State agency and public | institution of higher education. | (C) The names of service firms, the percentage and | total dollar amount paid for professional services by | category by each State agency and public institution of | higher education. | (D) The names of service firms, the percentage and | total dollar amount paid for services by category to firms | owned by minorities, women, and persons with disabilities | by each State agency and public institution of higher | education. | (E) The total number of contracts awarded for services | by category and the total number of contracts awarded to | firms owned by minorities, women, and persons with | disabilities by each State agency and public institution of | higher education. |
| (5) For community college districts, the Business | Enterprise Council shall only report the following information | for each community college district: (i) the name of the | community colleges in the district, (ii) the name and contact | information of a person at each community college appointed to | be the single point of contact for vendors owned by minorities, | women, or persons with disabilities, (iii) the policy of the | community college district concerning certified vendors, (iv) | the certifications recognized by the community college | district for determining whether a business is owned or | controlled by a minority, woman, or person with a disability, | (v) outreach efforts conducted by the community college | district to increase the use of certified vendors, (vi) the | total expenditures by the community college district in the | prior fiscal year in the divisions of work specified in | paragraphs (a), (b), and (c) of subsection (1) of this Section | and the amount paid to certified vendors in those divisions of | work, and (vii) the total number of contracts entered into for | the divisions of work specified in paragraphs (a), (b), and (c) | of subsection (1) of this Section and the total number of | contracts awarded to certified vendors providing these | services to the community college district. The Business | Enterprise Council shall not make any utilization reports under | this Act for community college districts for Fiscal Year 2015 | and Fiscal Year 2016, but shall make the report required by | this subsection for Fiscal Year 2017 and for each fiscal year |
| thereafter. The Business Enterprise Council shall report the | information in items (i), (ii), (iii), and (iv) of this | subsection beginning in September of 2016. The Business | Enterprise Council may collect the data needed to make its | report from the Illinois Community College Board. | (6) The status of the utilization of services shall be | discussed at each of the regularly scheduled Business | Enterprise Council meetings. Time shall be allotted for the | Council to receive, review, and discuss the progress of the use | of service firms owned by minorities, women, and persons with | disabilities by each State agency and public institution of | higher education; and any evidence regarding past or present | racial, ethnic, or gender-based discrimination which directly | impacts a State agency or public institution of higher | education contracting with such firms. If after reviewing such | evidence the Council finds that there is or has been such | discrimination against a specific group, race or sex, the | Council shall establish sheltered markets or adjust existing | sheltered markets tailored to address the Council's specific | findings for the divisions of work specified in paragraphs (a), | (b), and (c) of subsection (1) of this Section.
| (Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16; | 100-391, eff. 8-25-17.) | (30 ILCS 575/7) (from Ch. 127, par. 132.607) | (Section scheduled to be repealed on June 30, 2020) |
| Sec. 7. Exemptions; waivers; publication of data. | (1) Individual contract exemptions.
The Council, on its own | initiative or at the written request of the affected agency,
| public institution of higher education, or recipient of a grant | or loan of State funds of $250,000 or more complying with | Section 45 of the State Finance Act, may permit an individual | contract or contract package,
(related contracts being bid or | awarded simultaneously for the same project
or improvements) be | made wholly or partially exempt from State contracting
goals | for businesses owned by
minorities, women, and persons with | disabilities prior to the advertisement
for bids or | solicitation of proposals whenever there has been a
| determination, reduced to writing and based on the best | information
available at the time of the determination, that | there is an insufficient
number of businesses owned by | minorities, women, and persons with disabilities to ensure | adequate
competition and an expectation of reasonable prices on | bids or proposals
solicited for the individual contract or | contract package in question. The Council may charge a | reasonable fee for written
request of individual contract | exemptions. Any such exemptions shall be given by
the Council | to the Bureau on Apprenticeship Programs. | (a) Written request for contract exemption. A written | request for an individual contract exception must include, | but is not limited to, the following: | (i) a list of qualified businesses owned by |
| minorities, women, and persons with disabilities that | would qualify for the purpose of the contract; | (ii) each business's deficiency that would impair | adequate competition or qualification; | (iii) the difference in cost between the contract | proposals being offered by businesses owned by | minorities, women, and persons with disabilities and | the agency or the public institution of higher | education's expectations of reasonable prices on bids | or proposals within that class; and | (iv) a list of qualified businesses owned by | minorities, women, and persons with
disabilities that | the contractor has used in the most recent fiscal year. | (b) Determination. The Council's determination | concerning an individual contract exemption must include | the following: | (i) the justification for each business's | disqualification; | (ii) the number of waivers of the affected agency, | public institution of higher education, or recipient | of a grant or loan of State funds of $250,000 or more | complying with Section 45 of the State Finance Act that | have been granted by the Council for that fiscal year; | and | (iii) the affected agency or public institution of | higher education's most current percentages in |
| contracts awarded to businesses owned by minorities, | women, and persons with disabilities for that fiscal | year. | (2) Class exemptions. | (a) Creation. The Council, on its own initiative
or at | the written request of the affected agency or public | institution of higher education, may permit an entire
class | of
contracts be made exempt from State
contracting goals | for businesses owned by minorities, women, and persons
with | disabilities whenever there has been a determination, | reduced to
writing and based on the best information | available at the time of the
determination, that there is | an insufficient number of qualified businesses owned by | minorities, women, and persons with
disabilities to ensure | adequate competition and an
expectation of reasonable | prices on bids or proposals within that class. Any such | exemption shall be given by
the Council to the Bureau on | Apprenticeship Programs. | (a-1) Written request for class exemption. A written | request for a class exception must include, but is not | limited to, the following: | (i) a list of qualified businesses owned by | minorities, women, and persons with disabilities that | pertain to the class of contracts in the requested | waiver; | (ii) each business's deficiency that would impair |
| adequate competition or qualification; | (iii) the difference in cost between the contract | proposals being offered by businesses owned by | minorities, women, and persons with disabilities and | the agency or the public institution of higher | education's expectations of reasonable prices on bids | or proposals within that class; and | (iv) the number of class exemptions the affected | agency or public institution
of higher education has | requested for that fiscal year. | (a-2) Determination. The Council's determination | concerning class exemptions must include the following: | (i) the justification for each business's | disqualification; | (ii) the number of waivers of the requesting agency | or public institution of higher education that have | been granted by the Council for that fiscal year; and | (iii) the agency or public institution of higher | education's most current percentages in contracts | awarded to businesses owned by minorities, women, and | persons with disabilities for that fiscal year. | (b) Limitation. Any such class exemption shall not be | permitted for a
period of more than one year at a time. | (3) Waivers. Where a particular contract requires a | contractor to meet
a goal established pursuant to this Act, the | contractor shall have the right
to request a waiver from such |
| requirements. The Council shall grant the
waiver where the | contractor demonstrates that there has been made a good
faith | effort to comply with the goals for
participation by businesses | owned by minorities, women, and persons with
disabilities. Any | such waiver shall also be
transmitted in writing to the Bureau | on Apprenticeship Programs. | (a) Request for waiver. A contractor's request for a | waiver under this subsection (3) must include, but is not | limited to, the following: | (i) a list of qualified businesses owned by | minorities, women, and persons with disabilities that | pertain to the class of contracts in the requested | waiver; | (ii) each business's deficiency that would impair | adequate competition or qualification; | (iii) the difference in cost between the contract | proposals being offered by businesses owned by | minorities, women, and persons with disabilities and | the agency or the public institution of higher | education's expectations of reasonable prices on bids | or proposals within that class. | (b) Determination. The Council's determination | concerning waivers must include following: | (i) the justification for each business's | disqualification; | (ii) the number of waivers the contractor has been |
| granted by the Council for that fiscal year; | (iii) the affected agency or public institution of | higher education's most current percentages in | contracts awarded to businesses owned by minorities, | women, and persons with disabilities for that fiscal | year; and | (iv) a list of qualified businesses owned by | minorities, women, and persons with disabilities that | the contractor has used in the most recent fiscal year. | (3.5) Fees. The Council may charge a fee for a written | request on individual
contract exemptions. The Council shall | not charge for a first request. For a
second request, the | Council shall charge no more than $1,000. For a fifth
request | or higher from a contractor, the Council shall charge no more | than
$5,000 per request. The Department shall collect the fees | under this Section.
Any fee collected under this Section shall | be used by the Bureau on
Apprenticeship Programs to increase | minority participation in apprenticeship
programs in the | State. | (4) Conflict with other laws. In the event that any State | contract, which
otherwise would be subject to the provisions of | this Act, is or becomes
subject to federal laws or regulations | which conflict with the provisions
of this Act or actions of | the State taken pursuant hereto, the provisions
of the federal | laws or regulations shall apply and the contract shall be
| interpreted and enforced accordingly. |
| (5) Each chief procurement officer, as defined in the | Illinois Procurement Code, shall maintain on his or her | official Internet website a database of the following: (i) | waivers granted under this Section with respect to contracts | under his or her jurisdiction ; (ii) a State agency or public | institution of higher education's written request for an | exemption of an individual contract or an entire class of | contracts; and (iii) the Council's written determination | granting or denying a request for an exemption of an individual | contract or an entire class of contracts . The database, which | shall be updated periodically as necessary, shall be searchable | by contractor name and by contracting State agency. | (6) Each chief procurement officer, as defined by the | Illinois Procurement Code, shall maintain on its website a list | of all firms that have been prohibited from bidding, offering, | or entering into a contract with the State of Illinois as a | result of violations of this Act. | Each public notice required by law of the award of a State | contract shall include for each bid or offer submitted for that | contract the following: (i) the bidder's or offeror's name, | (ii) the bid amount, (iii) the name or names of the certified | firms identified in the bidder's or offeror's submitted | utilization plan, and (iv) the bid's amount and percentage of | the contract awarded to businesses owned by minorities, women, | and persons with disabilities identified in the utilization | plan. |
| (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
| (30 ILCS 575/9) (from Ch. 127, par. 132.609)
| (Section scheduled to be repealed on June 30, 2020)
| Sec. 9. This Act is repealed June 30, 2024 June 30, 2020 . | (Source: P.A. 99-514, eff. 6-30-16.)
| Section 15. The State Construction Minority and Female | Building Trades Act is amended by changing Section 35-15 as | follows: | (30 ILCS 577/35-15)
| Sec. 35-15. Compilation of building trade data. By March 31 | of each year, the Illinois Department of Labor shall publish | and make available on its official website a report compiling | and summarizing demographic trends in the State's building | trades apprenticeship programs, with particular attention to | race, gender, ethnicity, and national origin of apprentices in | labor organizations and other entities in Illinois based on the | information submitted to the Department under Section 35-10. | The report shall include, but not be limited to, apprentices by | gender, apprentices by race and ethnicity, apprentices by | national origin, apprentices by gender, race, ethnicity, and | national origin in union and non-union programs, | apprenticeship programs offered by union and non-union, | apprentices by union or non-union, apprenticeship programs by |
| trade, apprentices by trade, apprenticeship programs by length | of time.
| (Source: P.A. 100-797, eff. 8-10-18.) | Section 20. The Criminal Code of 2012 is amended by | changing Section 17-10.3 as follows: | (720 ILCS 5/17-10.3) | Sec. 17-10.3. Deception relating to certification of | disadvantaged business enterprises. | (a) Fraudulently obtaining or retaining certification. A | person
who, in the course of business, fraudulently obtains or | retains
certification as a minority-owned business, | women-owned business, service-disabled veteran-owned small | business, or veteran-owned small business commits
a Class 1 2 | felony. | (b) Willfully making a false statement. A person who, in | the
course of business, willfully makes a false statement | whether by affidavit,
report or other representation, to an | official or employee of a State
agency or the Business | Enterprise Council for Minorities, Women, and Persons with | Disabilities for the
purpose of influencing the certification | or denial of certification of any
business entity as a | minority-owned business, women-owned business, | service-disabled veteran-owned small business, or | veteran-owned small business
commits a Class 1 2 felony. |
| (c) Willfully obstructing or impeding an official or | employee of
any agency in his or her investigation.
Any person | who, in the course of business, willfully obstructs or impedes
| an official or employee of any State agency or the
Business | Enterprise Council for Minorities, Women, and Persons with | Disabilities
who is investigating the qualifications of a | business
entity which has requested certification as a | minority-owned business, women-owned
business, | service-disabled veteran-owned small business, or | veteran-owned small business commits a Class 1 2 felony. | (d) Fraudulently obtaining public moneys reserved for
| disadvantaged business enterprises. Any person who, in the | course of
business, fraudulently obtains public moneys | reserved for, or allocated or
available to, minority-owned | businesses, women-owned businesses, service-disabled | veteran-owned small businesses, or veteran-owned small | businesses commits a
Class 1 2 felony. | (e) Definitions. As used in this Article, "minority-owned
| business", "women-owned business", "State agency" with respect | to minority-owned businesses and women-owned businesses, and | "certification" with respect to minority-owned businesses and | women-owned businesses shall
have the meanings ascribed to them | in Section 2 of the Business Enterprise for
Minorities, Women, | and
Persons with Disabilities Act. As used in this Article, | "service-disabled veteran-owned small business", | "veteran-owned small business", "State agency" with respect to |
| service-disabled veteran-owned small businesses and | veteran-owned small businesses, and "certification" with | respect to service-disabled veteran-owned small businesses and | veteran-owned small businesses have the same meanings as in | Section 45-57 of the Illinois Procurement Code.
| (Source: P.A. 100-391, eff. 8-25-17.)
| Section 99. Effective date. This Act takes effect January | 1, 2020. |
Effective Date: 1/1/2020
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