Bill Text: IL SB0534 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill with the following changes: (1) in provisions creating the Advisory Board for Diversity in Active Apprenticeship Programs, provides that the Board may request necessary information from the Department of Labor, other State agencies, or public institutions of higher education (in the engrossed bill, the Department of Labor only); (2) provides that the Department of Central Management Services shall conduct a second social scientific study measuring the impact of discrimination on minority and women business development in the State; (3) in provisions amending the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, provides that the Business Enterprise Council may charge fees for a written request of contract exemptions; (4) extends the repeal of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act until June 30, 2024; and (5) adds provisions amending the State Construction Minority and Female Building Trades Act to provide that the Department of Labor's report compiling and summarizing demographic trends in the State's building trades apprenticeship programs shall include certain specified information. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Passed) 2019-07-29 - Public Act . . . . . . . . . 101-0170 [SB0534 Detail]

Download: Illinois-2019-SB0534-Engrossed.html



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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Department of Labor Law of the Civil
5Administrative Code of Illinois is amended by adding Section
61505-215 as follows:
7 (20 ILCS 1505/1505-215 new)
8 Sec. 1505-215. Bureau on Apprenticeship Programs; Advisory
9Board.
10 (a) There is created within the Department of Labor a
11Bureau on Apprenticeship Programs. This Bureau shall work to
12increase minority participation in active apprentice programs
13in Illinois that are approved by the United States Department
14of Labor. The Bureau shall identify barriers to minorities
15gaining access to construction careers and make
16recommendations to the Governor and the General Assembly for
17policies to remove those barriers. The Department may hire
18staff to perform outreach in promoting diversity in active
19apprenticeship programs approved by the United States
20Department of Labor. The Bureau shall annually compile racial
21and gender workforce diversity information from contractors
22receiving State or other public funds and by labor unions with
23members working on projects receiving State or other public

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1funds.
2 (b) There is created the Advisory Board for Diversity in
3Active Apprenticeship Programs Approved by the United States
4Department of Labor. This Advisory Board shall be composed of
512 legislators; 3 members appointed by the President of the
6Senate, 3 members appointed by the Speaker of the House of
7Representatives, 3 members appointed by the Minority Leader of
8the Senate, and 3 members appointed by the Minority Leader of
9the House of Representatives. The President of the Senate and
10the Speaker of the House of Representatives shall each appoint
11a co-chairperson. Members of the Advisory Board shall receive
12no compensation for serving as members of the Advisory Board.
13The Advisory Board shall meet quarterly. The Advisory Board may
14request necessary additional information from the Department
15for the purposes of performing its duties under this Section.
16The Advisory Board may advise the Department of programs to
17increase diversity in active apprenticeship programs. The
18Department shall provide administrative support and staffing
19for the Advisory Board.
20 Section 10. The Business Enterprise for Minorities, Women,
21and Persons with Disabilities Act is amended by changing
22Sections 4, 4f, and 7 as follows:
23 (30 ILCS 575/4) (from Ch. 127, par. 132.604)
24 (Section scheduled to be repealed on June 30, 2020)

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1 Sec. 4. Award of State contracts.
2 (a) Except as provided in subsections (b) and (c), not less
3than 20% of the total dollar amount of State contracts, as
4defined by the Secretary of the Council and approved by the
5Council, shall be established as an aspirational goal to be
6awarded to businesses owned by minorities, women, and persons
7with disabilities; provided, however, that of the total amount
8of all State contracts awarded to businesses owned by
9minorities, women, and persons with disabilities pursuant to
10this Section, contracts representing at least 11% shall be
11awarded to businesses owned by minorities, contracts
12representing at least 7% shall be awarded to women-owned
13businesses, and contracts representing at least 2% shall be
14awarded to businesses owned by persons with disabilities.
15 The above percentage relates to the total dollar amount of
16State contracts during each State fiscal year, calculated by
17examining independently each type of contract for each agency
18or public institutions of higher education which lets such
19contracts. Only that percentage of arrangements which
20represents the participation of businesses owned by
21minorities, women, and persons with disabilities on such
22contracts shall be included.
23 (b) Not In the case of State construction contracts, the
24provisions of subsection (a) requiring a portion of State
25contracts to be awarded to businesses owned and controlled by
26persons with disabilities do not apply. The following

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1aspirational goals are established for State construction
2contracts: not less than 20% of the total dollar amount of
3State construction contracts is established as an aspirational
4a goal to be awarded to businesses owned by minorities, women,
5and persons with disabilities; provided that, contracts
6representing at least 11% of the total dollar amount of State
7construction contracts shall be awarded to businesses owned by
8minorities; contracts representing at least 7% of the total
9dollar amount of State construction contracts shall be awarded
10to women-owned businesses; and contracts representing at least
112% of the total dollar amount of State construction contracts
12shall be awarded to businesses owned by persons with
13disabilities minority-owned and women-owned businesses.
14 (c) (Blank). In the case of all work undertaken by the
15University of Illinois related to the planning, organization,
16and staging of the games, the University of Illinois shall
17establish a goal of awarding not less than 25% of the annual
18dollar value of all contracts, purchase orders, and other
19agreements (collectively referred to as "the contracts") to
20minority-owned businesses or businesses owned by a person with
21a disability and 5% of the annual dollar value the contracts to
22women-owned businesses. For purposes of this subsection, the
23term "games" has the meaning set forth in the Olympic Games and
24Paralympic Games (2016) Law.
25 (d) Within one year after April 28, 2009 (the effective
26date of Public Act 96-8), the Department of Central Management

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1Services shall conduct a social scientific study that measures
2the impact of discrimination on minority and women business
3development in Illinois. Within 18 months after April 28, 2009
4(the effective date of Public Act 96-8), the Department shall
5issue a report of its findings and any recommendations on
6whether to adjust the goals for minority and women
7participation established in this Act. Copies of this report
8and the social scientific study shall be filed with the
9Governor and the General Assembly.
10 (e) Except as permitted under this Act or as otherwise
11mandated by federal law or regulation, those who submit bids or
12proposals for State contracts subject to the provisions of this
13Act, whose bids or proposals are successful and include a
14utilization plan but that fail to meet the goals set forth in
15subsection (b) of this Section, shall be notified of that
16deficiency and shall be afforded a period not to exceed 10
17calendar days from the date of notification to cure that
18deficiency in the bid or proposal. The deficiency in the bid or
19proposal may only be cured by contracting with additional
20subcontractors who are owned by minorities or women, but in no
21case shall an identified subcontractor with a certification
22made pursuant to this Act be terminated from the contract
23without the written consent of the State agency or public
24institution of higher education entering into the contract.
25 (f) Non-construction solicitations that include Business
26Enterprise Program participation goals shall require bidders

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1and offerors to include utilization plans. Utilization plans
2are due at the time of bid or offer submission. Failure to
3complete and include a utilization plan, including
4documentation demonstrating good faith effort when requesting
5a waiver, shall render the bid or offer non-responsive.
6(Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16;
7100-391, eff. 8-25-17.)
8 (30 ILCS 575/4f)
9 (Section scheduled to be repealed on June 30, 2020)
10 Sec. 4f. Award of State contracts.
11 (1) It is hereby declared to be the public policy of the
12State of Illinois to promote and encourage each State agency
13and public institution of higher education to use businesses
14owned by minorities, women, and persons with disabilities in
15the area of goods and services, including, but not limited to,
16insurance services, investment management services,
17information technology services, accounting services,
18architectural and engineering services, and legal services.
19Furthermore, each State agency and public institution of higher
20education shall utilize such firms to the greatest extent
21feasible within the bounds of financial and fiduciary prudence,
22and take affirmative steps to remove any barriers to the full
23participation of such firms in the procurement and contracting
24opportunities afforded.
25 (a) When a State agency or public institution of higher

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1 education, other than a community college, awards a
2 contract for insurance services, for each State agency or
3 public institution of higher education, it shall be the
4 aspirational goal to use insurance brokers owned by
5 minorities, women, and persons with disabilities as
6 defined by this Act, for not less than 20% of the total
7 annual premiums or fees; provided that, contracts
8 representing at least 11% of the total annual premiums or
9 fees shall be awarded to businesses owned by minorities;
10 contracts representing at least 7% of the total annual
11 premiums or fees shall be awarded to women-owned
12 businesses; and contracts representing at least 2% of the
13 total annual premiums or fees shall be awarded to
14 businesses owned by persons with disabilities.
15 (b) When a State agency or public institution of higher
16 education, other than a community college, awards a
17 contract for investment services, for each State agency or
18 public institution of higher education, it shall be the
19 aspirational goal to use emerging investment managers
20 owned by minorities, women, and persons with disabilities
21 as defined by this Act, for not less than 20% of the total
22 funds under management; provided that, contracts
23 representing at least 11% of the total funds under
24 management shall be awarded to businesses owned by
25 minorities; contracts representing at least 7% of the total
26 funds under management shall be awarded to women-owned

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1 businesses; and contracts representing at least 2% of the
2 total funds under management shall be awarded to businesses
3 owned by persons with disabilities. Furthermore, it is the
4 aspirational goal that not less than 20% of the direct
5 asset managers of the State funds be minorities, women, and
6 persons with disabilities.
7 (c) When a State agency or public institution of higher
8 education, other than a community college, awards
9 contracts for information technology services, accounting
10 services, architectural and engineering services, and
11 legal services, for each State agency and public
12 institution of higher education, it shall be the
13 aspirational goal to use such firms owned by minorities,
14 women, and persons with disabilities as defined by this Act
15 and lawyers who are minorities, women, and persons with
16 disabilities as defined by this Act, for not less than 20%
17 of the total dollar amount of State contracts; provided
18 that, contracts representing at least 11% of the total
19 dollar amount of State contracts shall be awarded to
20 businesses owned by minorities or minority lawyers;
21 contracts representing at least 7% of the total dollar
22 amount of State contracts shall be awarded to women-owned
23 businesses or women who are lawyers; and contracts
24 representing at least 2% of the total dollar amount of
25 State contracts shall be awarded to businesses owned by
26 persons with disabilities or persons with disabilities who

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1 are lawyers.
2 (d) When a community college awards a contract for
3 insurance services, investment services, information
4 technology services, accounting services, architectural
5 and engineering services, and legal services, it shall be
6 the aspirational goal of each community college to use
7 businesses owned by minorities, women, and persons with
8 disabilities as defined in this Act for not less than 20%
9 of the total amount spent on contracts for these services
10 collectively; provided that, contracts representing at
11 least 11% of the total amount spent on contracts for these
12 services shall be awarded to businesses owned by
13 minorities; contracts representing at least 7% of the total
14 amount spent on contracts for these services shall be
15 awarded to women-owned businesses; and contracts
16 representing at least 2% of the total amount spent on
17 contracts for these services shall be awarded to businesses
18 owned by persons with disabilities. When a community
19 college awards contracts for investment services,
20 contracts awarded to investment managers who are not
21 emerging investment managers as defined in this Act shall
22 not be considered businesses owned by minorities, women, or
23 persons with disabilities for the purposes of this Section.
24 (2) As used in this Section:
25 "Accounting services" means the measurement,
26 processing and communication of financial information

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1 about economic entities including, but is not limited to,
2 financial accounting, management accounting, auditing,
3 cost containment and auditing services, taxation and
4 accounting information systems.
5 "Architectural and engineering services" means
6 professional services of an architectural or engineering
7 nature, or incidental services, that members of the
8 architectural and engineering professions, and individuals
9 in their employ, may logically or justifiably perform,
10 including studies, investigations, surveying and mapping,
11 tests, evaluations, consultations, comprehensive planning,
12 program management, conceptual designs, plans and
13 specifications, value engineering, construction phase
14 services, soils engineering, drawing reviews, preparation
15 of operating and maintenance manuals, and other related
16 services.
17 "Emerging investment manager" means an investment
18 manager or claims consultant having assets under
19 management below $10 billion or otherwise adjudicating
20 claims.
21 "Information technology services" means, but is not
22 limited to, specialized technology-oriented solutions by
23 combining the processes and functions of software,
24 hardware, networks, telecommunications, web designers,
25 cloud developing resellers, and electronics.
26 "Insurance broker" means an insurance brokerage firm,

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1 claims administrator, or both, that procures, places all
2 lines of insurance, or administers claims with annual
3 premiums or fees of at least $5,000,000 but not more than
4 $10,000,000.
5 "Legal services" means work performed by a lawyer
6 including, but not limited to, contracts in anticipation of
7 litigation, enforcement actions, or investigations.
8 (3) Each State agency and public institution of higher
9education shall adopt policies that identify its plan and
10implementation procedures for increasing the use of service
11firms owned by minorities, women, and persons with
12disabilities.
13 (4) Except as provided in subsection (5), the Council shall
14file no later than March 1 of each year an annual report to the
15Governor and the General Assembly. The report filed with the
16General Assembly shall be filed as required in Section 3.1 of
17the General Assembly Organization Act. This report shall: (i)
18identify the service firms used by each State agency and public
19institution of higher education, (ii) identify the actions it
20has undertaken to increase the use of service firms owned by
21minorities, women, and persons with disabilities, including
22encouraging non-minority-owned firms to use other service
23firms owned by minorities, women, and persons with disabilities
24as subcontractors when the opportunities arise, (iii) state any
25recommendations made by the Council to each State agency and
26public institution of higher education to increase

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1participation by the use of service firms owned by minorities,
2women, and persons with disabilities, and (iv) include the
3following:
4 (A) For insurance services: the names of the insurance
5 brokers or claims consultants used, the total of risk
6 managed by each State agency and public institution of
7 higher education by insurance brokers, the total
8 commissions, fees paid, or both, the lines or insurance
9 policies placed, and the amount of premiums placed; and the
10 percentage of the risk managed by insurance brokers, the
11 percentage of total commission, fees paid, or both, the
12 lines or insurance policies placed, and the amount of
13 premiums placed with each by the insurance brokers owned by
14 minorities, women, and persons with disabilities by each
15 State agency and public institution of higher education.
16 (B) For investment management services: the names of
17 the investment managers used, the total funds under
18 management of investment managers; the total commissions,
19 fees paid, or both; the total and percentage of funds under
20 management of emerging investment managers owned by
21 minorities, women, and persons with disabilities,
22 including the total and percentage of total commissions,
23 fees paid, or both by each State agency and public
24 institution of higher education.
25 (C) The names of service firms, the percentage and
26 total dollar amount paid for professional services by

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1 category by each State agency and public institution of
2 higher education.
3 (D) The names of service firms, the percentage and
4 total dollar amount paid for services by category to firms
5 owned by minorities, women, and persons with disabilities
6 by each State agency and public institution of higher
7 education.
8 (E) The total number of contracts awarded for services
9 by category and the total number of contracts awarded to
10 firms owned by minorities, women, and persons with
11 disabilities by each State agency and public institution of
12 higher education.
13 (5) For community college districts, the Business
14Enterprise Council shall only report the following information
15for each community college district: (i) the name of the
16community colleges in the district, (ii) the name and contact
17information of a person at each community college appointed to
18be the single point of contact for vendors owned by minorities,
19women, or persons with disabilities, (iii) the policy of the
20community college district concerning certified vendors, (iv)
21the certifications recognized by the community college
22district for determining whether a business is owned or
23controlled by a minority, woman, or person with a disability,
24(v) outreach efforts conducted by the community college
25district to increase the use of certified vendors, (vi) the
26total expenditures by the community college district in the

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1prior fiscal year in the divisions of work specified in
2paragraphs (a), (b), and (c) of subsection (1) of this Section
3and the amount paid to certified vendors in those divisions of
4work, and (vii) the total number of contracts entered into for
5the divisions of work specified in paragraphs (a), (b), and (c)
6of subsection (1) of this Section and the total number of
7contracts awarded to certified vendors providing these
8services to the community college district. The Business
9Enterprise Council shall not make any utilization reports under
10this Act for community college districts for Fiscal Year 2015
11and Fiscal Year 2016, but shall make the report required by
12this subsection for Fiscal Year 2017 and for each fiscal year
13thereafter. The Business Enterprise Council shall report the
14information in items (i), (ii), (iii), and (iv) of this
15subsection beginning in September of 2016. The Business
16Enterprise Council may collect the data needed to make its
17report from the Illinois Community College Board.
18 (6) The status of the utilization of services shall be
19discussed at each of the regularly scheduled Business
20Enterprise Council meetings. Time shall be allotted for the
21Council to receive, review, and discuss the progress of the use
22of service firms owned by minorities, women, and persons with
23disabilities by each State agency and public institution of
24higher education; and any evidence regarding past or present
25racial, ethnic, or gender-based discrimination which directly
26impacts a State agency or public institution of higher

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1education contracting with such firms. If after reviewing such
2evidence the Council finds that there is or has been such
3discrimination against a specific group, race or sex, the
4Council shall establish sheltered markets or adjust existing
5sheltered markets tailored to address the Council's specific
6findings for the divisions of work specified in paragraphs (a),
7(b), and (c) of subsection (1) of this Section.
8(Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16;
9100-391, eff. 8-25-17.)
10 (30 ILCS 575/7) (from Ch. 127, par. 132.607)
11 (Section scheduled to be repealed on June 30, 2020)
12 Sec. 7. Exemptions; waivers; publication of data.
13 (1) Individual contract exemptions. The Council, on its own
14initiative or at the request of the affected agency, public
15institution of higher education, or recipient of a grant or
16loan of State funds of $250,000 or more complying with Section
1745 of the State Finance Act, may permit an individual contract
18or contract package, (related contracts being bid or awarded
19simultaneously for the same project or improvements) be made
20wholly or partially exempt from State contracting goals for
21businesses owned by minorities, women, and persons with
22disabilities prior to the advertisement for bids or
23solicitation of proposals whenever there has been a
24determination, reduced to writing and based on the best
25information available at the time of the determination, that

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1there is an insufficient number of businesses owned by
2minorities, women, and persons with disabilities to ensure
3adequate competition and an expectation of reasonable prices on
4bids or proposals solicited for the individual contract or
5contract package in question.
6 (a) Written request for contract exemption. A written
7 request for an individual contract exception must include,
8 but is not limited to, the following:
9 (i) a list of qualified businesses owned by
10 minorities, women, and persons with disabilities that
11 would qualify for the purpose of the contract;
12 (ii) each business's deficiency that would impair
13 adequate competition or qualification; and
14 (iii) the difference in cost between the contract
15 proposals being offered by businesses owned by
16 minorities, women, and persons with disabilities and
17 the agency or the public institution of higher
18 education's expectations of reasonable prices on bids
19 or proposals within that class.
20 (b) Determination. The Council's determination
21 concerning an individual contract exemption must include
22 the following:
23 (i) the justification for each business's
24 disqualification;
25 (ii) the number of waivers of the affected agency,
26 public institution of higher education, or recipient

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1 of a grant or loan of State funds of $250,000 or more
2 complying with Section 45 of the State Finance Act that
3 have been granted by the Council for that fiscal year;
4 and
5 (iii) the affected agency or public institution of
6 higher education's most current percentages in
7 contracts awarded to businesses owned by minorities,
8 women, and persons with disabilities for that fiscal
9 year.
10 (2) Class exemptions.
11 (a) Creation. The Council, on its own initiative or at
12 the request of the affected agency or public institution of
13 higher education, may permit an entire class of contracts
14 be made exempt from State contracting goals for businesses
15 owned by minorities, women, and persons with disabilities
16 whenever there has been a determination, reduced to writing
17 and based on the best information available at the time of
18 the determination, that there is an insufficient number of
19 qualified businesses owned by minorities, women, and
20 persons with disabilities to ensure adequate competition
21 and an expectation of reasonable prices on bids or
22 proposals within that class.
23 (a-1) Written request for class exemption. A written
24 request for a class exception must include, but is not
25 limited to, the following:
26 (i) a list of qualified businesses owned by

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1 minorities, women, and persons with disabilities that
2 pertain to the class of contracts in the requested
3 waiver;
4 (ii) each business's deficiency that would impair
5 adequate competition or qualification; and
6 (iii) the difference in cost between the contract
7 proposals being offered by businesses owned by
8 minorities, women, and persons with disabilities and
9 the agency or the public institution of higher
10 education's expectations of reasonable prices on bids
11 or proposals within that class.
12 (a-2) Determination. The Council's determination
13 concerning class exemptions must include the following:
14 (i) the justification for each business's
15 disqualification;
16 (ii) the number of waivers of the requesting agency
17 or public institution of higher education that have
18 been granted by the Council for that fiscal year; and
19 (iii) the agency or public institution of higher
20 education's most current percentages in contracts
21 awarded to businesses owned by minorities, women, and
22 persons with disabilities for that fiscal year.
23 (b) Limitation. Any such class exemption shall not be
24 permitted for a period of more than one year at a time.
25 (3) Waivers. Where a particular contract requires a
26contractor to meet a goal established pursuant to this Act, the

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1contractor shall have the right to request a waiver from such
2requirements. The Council shall grant the waiver where the
3contractor demonstrates that there has been made a good faith
4effort to comply with the goals for participation by businesses
5owned by minorities, women, and persons with disabilities.
6 (a) Request for waiver. A contractor's request for a
7 waiver under this subsection (3) must include, but is not
8 limited to, the following:
9 (i) a list of qualified businesses owned by
10 minorities, women, and persons with disabilities that
11 pertain to the class of contracts in the requested
12 waiver;
13 (ii) each business's deficiency that would impair
14 adequate competition or qualification;
15 (iii) the difference in cost between the contract
16 proposals being offered by businesses owned by
17 minorities, women, and persons with disabilities and
18 the agency or the public institution of higher
19 education's expectations of reasonable prices on bids
20 or proposals within that class.
21 (b) Determination. The Council's determination
22 concerning waivers must include following:
23 (i) the justification for each business's
24 disqualification;
25 (ii) the number of waivers the contractor has been
26 granted by the Council for that fiscal year; and

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1 (iii) the affected agency or public institution of
2 higher education's most current percentages in
3 contracts awarded to businesses owned by minorities,
4 women, and persons with disabilities for that fiscal
5 year.
6 (4) Conflict with other laws. In the event that any State
7contract, which otherwise would be subject to the provisions of
8this Act, is or becomes subject to federal laws or regulations
9which conflict with the provisions of this Act or actions of
10the State taken pursuant hereto, the provisions of the federal
11laws or regulations shall apply and the contract shall be
12interpreted and enforced accordingly.
13 (5) Each chief procurement officer, as defined in the
14Illinois Procurement Code, shall maintain on his or her
15official Internet website a database of the following: (i)
16waivers granted under this Section with respect to contracts
17under his or her jurisdiction; (ii) a State agency or public
18institution of higher education's written request for an
19exemption of an individual contract or an entire class of
20contracts; and (iii) the Council's written determination
21granting or denying a request for an exemption of an individual
22contract or an entire class of contracts. The database, which
23shall be updated periodically as necessary, shall be searchable
24by contractor name and by contracting State agency.
25 (6) Each chief procurement officer, as defined by the
26Illinois Procurement Code, shall maintain on its website a list

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1of all firms that have been prohibited from bidding, offering,
2or entering into a contract with the State of Illinois as a
3result of violations of this Act.
4 Each public notice required by law of the award of a State
5contract shall include for each bid or offer submitted for that
6contract the following: (i) the bidder's or offeror's name,
7(ii) the bid amount, (iii) the name or names of the certified
8firms identified in the bidder's or offeror's submitted
9utilization plan, and (iv) the bid's amount and percentage of
10the contract awarded to businesses owned by minorities, women,
11and persons with disabilities identified in the utilization
12plan.
13(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
14 Section 15. The Criminal Code of 2012 is amended by
15changing Section 17-10.3 as follows:
16 (720 ILCS 5/17-10.3)
17 Sec. 17-10.3. Deception relating to certification of
18disadvantaged business enterprises.
19 (a) Fraudulently obtaining or retaining certification. A
20person who, in the course of business, fraudulently obtains or
21retains certification as a minority-owned business,
22women-owned business, service-disabled veteran-owned small
23business, or veteran-owned small business commits a Class 1 2
24felony.

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1 (b) Willfully making a false statement. A person who, in
2the course of business, willfully makes a false statement
3whether by affidavit, report or other representation, to an
4official or employee of a State agency or the Business
5Enterprise Council for Minorities, Women, and Persons with
6Disabilities for the purpose of influencing the certification
7or denial of certification of any business entity as a
8minority-owned business, women-owned business,
9service-disabled veteran-owned small business, or
10veteran-owned small business commits a Class 1 2 felony.
11 (c) Willfully obstructing or impeding an official or
12employee of any agency in his or her investigation. Any person
13who, in the course of business, willfully obstructs or impedes
14an official or employee of any State agency or the Business
15Enterprise Council for Minorities, Women, and Persons with
16Disabilities who is investigating the qualifications of a
17business entity which has requested certification as a
18minority-owned business, women-owned business,
19service-disabled veteran-owned small business, or
20veteran-owned small business commits a Class 1 2 felony.
21 (d) Fraudulently obtaining public moneys reserved for
22disadvantaged business enterprises. Any person who, in the
23course of business, fraudulently obtains public moneys
24reserved for, or allocated or available to, minority-owned
25businesses, women-owned businesses, service-disabled
26veteran-owned small businesses, or veteran-owned small

SB0534 Engrossed- 23 -LRB101 04295 RJF 49303 b
1businesses commits a Class 1 2 felony.
2 (e) Definitions. As used in this Article, "minority-owned
3business", "women-owned business", "State agency" with respect
4to minority-owned businesses and women-owned businesses, and
5"certification" with respect to minority-owned businesses and
6women-owned businesses shall have the meanings ascribed to them
7in Section 2 of the Business Enterprise for Minorities, Women,
8and Persons with Disabilities Act. As used in this Article,
9"service-disabled veteran-owned small business",
10"veteran-owned small business", "State agency" with respect to
11service-disabled veteran-owned small businesses and
12veteran-owned small businesses, and "certification" with
13respect to service-disabled veteran-owned small businesses and
14veteran-owned small businesses have the same meanings as in
15Section 45-57 of the Illinois Procurement Code.
16(Source: P.A. 100-391, eff. 8-25-17.)
17 Section 99. Effective date. This Act takes effect upon
18becoming law.
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