Full Text of HB0381 94th General Assembly
HB0381enr 94TH GENERAL ASSEMBLY
|
|
|
HB0381 Enrolled |
|
LRB094 06805 RLC 36907 b |
|
| 1 |
| AN ACT concerning criminal law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Criminal Code of 1961 is amended by adding | 5 |
| Section 17-29 as follows: | 6 |
| (720 ILCS 5/17-29 new) | 7 |
| Sec. 17-29. Businesses owned by minorities, females, and | 8 |
| persons with disabilities; fraudulent contracts with | 9 |
| governmental units. | 10 |
| (a) In this Section: | 11 |
| "Minority person" means a person who is:
(1) African | 12 |
| American (a person having origins in any
of the black | 13 |
| racial groups in Africa);
(2) Hispanic (a person of Spanish | 14 |
| or Portuguese
culture with origins in Mexico, South or | 15 |
| Central America, or the Caribbean Islands, regardless of | 16 |
| race);
(3) Asian American (a person having origins in any
| 17 |
| of the original peoples of the Far East, Southeast Asia, | 18 |
| the Indian Subcontinent or the Pacific Islands); or
(4) | 19 |
| Native American or Alaskan Native (a person
having origins | 20 |
| in any of the original peoples of North America). | 21 |
| "Female" means a person who is of the female gender.
| 22 |
| "Person with a disability" means a person who is a | 23 |
| person qualifying as being disabled.
| 24 |
| "Disabled" means a severe physical or mental | 25 |
| disability that:
(1) results from:
amputation,
arthritis,
| 26 |
| autism,
blindness,
burn injury,
cancer,
cerebral palsy,
| 27 |
| cystic fibrosis,
deafness,
head injury,
heart disease,
| 28 |
| hemiplegia,
hemophilia,
respiratory or pulmonary | 29 |
| dysfunction,
mental retardation,
mental illness,
multiple | 30 |
| sclerosis,
muscular dystrophy,
musculoskeletal disorders,
| 31 |
| neurological disorders, including stroke and epilepsy,
| 32 |
| paraplegia,
quadriplegia and other spinal cord conditions,
|
|
|
|
HB0381 Enrolled |
- 2 - |
LRB094 06805 RLC 36907 b |
|
| 1 |
| sickle cell anemia,
specific learning disabilities, or
end | 2 |
| stage renal failure disease; and
(2) substantially limits | 3 |
| one or more of the person's major life activities. | 4 |
| "Minority owned business" means a business concern | 5 |
| that is at least 51% owned by one or more minority persons, | 6 |
| or in the case of a corporation, at least 51% of the stock | 7 |
| in which is owned by one or more minority persons; and the | 8 |
| management and daily business operations of which are | 9 |
| controlled by one or more of the minority individuals who | 10 |
| own it. | 11 |
| "Female owned business" means a business concern that | 12 |
| is at least 51% owned by one or more females, or, in the | 13 |
| case of a corporation, at least 51% of the stock in which | 14 |
| is owned by one or more females; and the management and | 15 |
| daily business operations of which are controlled by one or | 16 |
| more of the females who own it. | 17 |
| "Business owned by a person with a disability" means a | 18 |
| business concern that is at least 51% owned by one or more | 19 |
| persons with a disability and the management and daily | 20 |
| business operations of which are controlled by one or more | 21 |
| of the persons with disabilities who own it. A | 22 |
| not-for-profit agency for persons with disabilities that | 23 |
| is exempt from taxation under Section 501 of the Internal | 24 |
| Revenue Code of 1986 is also considered a "business owned | 25 |
| by a person with a disability". | 26 |
| "Governmental unit" means the State, a unit of local | 27 |
| government, or school district. | 28 |
| (b) In addition to any other penalties imposed by law or by | 29 |
| an ordinance or resolution of a unit of local government or | 30 |
| school district, any individual or entity that knowingly | 31 |
| obtains, or knowingly assists another to obtain, a contract | 32 |
| with a governmental unit by falsely representing that the | 33 |
| individual or entity, or the individual or entity assisted, is | 34 |
| a minority owned business, female owned business, or business | 35 |
| owned by a person with a disability is guilty of a Class 2 | 36 |
| felony, regardless of whether the preference for awarding the |
|
|
|
HB0381 Enrolled |
- 3 - |
LRB094 06805 RLC 36907 b |
|
| 1 |
| contract to a minority owned business, female owned business, | 2 |
| or business owned by a person with a disability was established | 3 |
| by statute or by local ordinance or resolution. | 4 |
| (c) In addition to any other penalties authorized by law, | 5 |
| the court shall order that an individual or entity convicted of | 6 |
| a violation of this Section must pay to the governmental unit | 7 |
| that awarded the contract a penalty equal to one and one-half | 8 |
| times the amount of the contract obtained because of the false | 9 |
| representation.
|
|