Public Act 094-0863
Public Act 0863 94TH GENERAL ASSEMBLY
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Public Act 094-0863
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| HB4688 Enrolled |
LRB094 16744 RLC 52015 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Criminal Code of 1961 is amended by changing | Section 17-29 as follows:
| (720 ILCS 5/17-29) | Sec. 17-29. Businesses owned by minorities, females, and | persons with disabilities; fraudulent contracts with | governmental units. | (a) In this Section: | "Minority person" means a person who is:
(1) African | American (a person having origins in any
of the black | racial groups in Africa);
(2) Hispanic (a person of Spanish | or Portuguese
culture with origins in Mexico, South or | Central America, or the Caribbean Islands, regardless of | race);
(3) Asian American (a person having origins in any
| of the original peoples of the Far East, Southeast Asia, | the Indian Subcontinent or the Pacific Islands); or
(4) | Native American or Alaskan Native (a person
having origins | in any of the original peoples of North America). | "Female" means a person who is of the female gender.
| "Person with a disability" means a person who is a | person qualifying as being disabled.
| "Disabled" means a severe physical or mental | disability that:
(1) results from:
amputation,
arthritis,
| autism,
blindness,
burn injury,
cancer,
cerebral palsy,
| cystic fibrosis,
deafness,
head injury,
heart disease,
| hemiplegia,
hemophilia,
respiratory or pulmonary | dysfunction,
mental retardation,
mental illness,
multiple | sclerosis,
muscular dystrophy,
musculoskeletal disorders,
| neurological disorders, including stroke and epilepsy,
| paraplegia,
quadriplegia and other spinal cord conditions,
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| sickle cell anemia,
specific learning disabilities, or
end | stage renal failure disease; and
(2) substantially limits | one or more of the person's major life activities. | "Minority owned business" means a business concern | that is at least 51% owned by one or more minority persons, | or in the case of a corporation, at least 51% of the stock | in which is owned by one or more minority persons; and the | management and daily business operations of which are | controlled by one or more of the minority individuals who | own it. | "Female owned business" means a business concern that | is at least 51% owned by one or more females, or, in the | case of a corporation, at least 51% of the stock in which | is owned by one or more females; and the management and | daily business operations of which are controlled by one or | more of the females who own it. | "Business owned by a person with a disability" means a | business concern that is at least 51% owned by one or more | persons with a disability and the management and daily | business operations of which are controlled by one or more | of the persons with disabilities who own it. A | not-for-profit agency for persons with disabilities that | is exempt from taxation under Section 501 of the Internal | Revenue Code of 1986 is also considered a "business owned | by a person with a disability". | "Governmental unit" means the State, a unit of local | government, or school district. | (b) In addition to any other penalties imposed by law or by | an ordinance or resolution of a unit of local government or | school district, any individual or entity that knowingly | obtains, or knowingly assists another to obtain, a contract | with a governmental unit, or a subcontract or written | commitment for a subcontract under a contract with a | governmental unit, by falsely representing that the individual | or entity, or the individual or entity assisted, is a minority | owned business, female owned business, or business owned by a |
| person with a disability is guilty of a Class 2 felony, | regardless of whether the preference for awarding the contract | to a minority owned business, female owned business, or | business owned by a person with a disability was established by | statute or by local ordinance or resolution. | (c) In addition to any other penalties authorized by law, | the court shall order that an individual or entity convicted of | a violation of this Section must pay to the governmental unit | that awarded the contract a penalty equal to one and one-half | times the amount of the contract obtained because of the false | representation.
| (Source: P.A. 94-126, eff. 1-1-06.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 6/16/2006
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