|
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(Section scheduled to be repealed on June 30, 2020)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 |