Sen. Emil Jones, III

Filed: 5/23/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 534, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
43, by replacing line 18 on page 21 though line 5 on page 22 with
5the following:
6    "Section 15. The Criminal Code of 2012 is amended by
7changing Section 17-10.3 as follows:
8    (720 ILCS 5/17-10.3)
9    Sec. 17-10.3. Deception relating to certification of
10disadvantaged business enterprises.
11    (a) Fraudulently obtaining or retaining certification. A
12person who, in the course of business, fraudulently obtains or
13retains certification as a minority-owned business,
14women-owned business, service-disabled veteran-owned small
15business, or veteran-owned small business commits a Class 1 2



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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



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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.)".