Illinois General Assembly - Full Text of Public Act 094-0126
Illinois General Assembly

Previous General Assemblies

Public Act 094-0126


 

Public Act 0126 94TH GENERAL ASSEMBLY

 


 
Public Act 094-0126
 
HB0381 Enrolled LRB094 06805 RLC 36907 b

    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 adding
Section 17-29 as follows:
 
    (720 ILCS 5/17-29 new)
    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,
    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 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.

Effective Date: 1/1/2006