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Public Act 101-0170


 

Public Act 0170 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0170
 
SB0534 EnrolledLRB101 04295 RJF 49303 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Labor Law of the Civil
Administrative Code of Illinois is amended by adding Section
1505-215 as follows:
 
    (20 ILCS 1505/1505-215 new)
    Sec. 1505-215. Bureau on Apprenticeship Programs; Advisory
Board.
    (a) There is created within the Department of Labor a
Bureau on Apprenticeship Programs. This Bureau shall work to
increase minority participation in active apprentice programs
in Illinois that are approved by the United States Department
of Labor. The Bureau shall identify barriers to minorities
gaining access to construction careers and make
recommendations to the Governor and the General Assembly for
policies to remove those barriers. The Department may hire
staff to perform outreach in promoting diversity in active
apprenticeship programs approved by the United States
Department of Labor. The Bureau shall annually compile racial
and gender workforce diversity information from contractors
receiving State or other public funds and by labor unions with
members working on projects receiving State or other public
funds.
    (b) There is created the Advisory Board for Diversity in
Active Apprenticeship Programs Approved by the United States
Department of Labor. This Advisory Board shall be composed of
12 legislators; 3 members appointed by the President of the
Senate, 3 members appointed by the Speaker of the House of
Representatives, 3 members appointed by the Minority Leader of
the Senate, and 3 members appointed by the Minority Leader of
the House of Representatives. The President of the Senate and
the Speaker of the House of Representatives shall each appoint
a co-chairperson. Members of the Advisory Board shall receive
no compensation for serving as members of the Advisory Board.
The Advisory Board shall meet quarterly. The Advisory Board may
request necessary additional information from the Department,
other State agencies, or public institutions of higher
education for the purposes of performing its duties under this
Section. The Advisory Board may advise the Department of
programs to increase diversity in active apprenticeship
programs. The Department shall provide administrative support
and staffing for the Advisory Board.
 
    Section 10. The Business Enterprise for Minorities, Women,
and Persons with Disabilities Act is amended by changing
Sections 4, 4f, 7, and 9 as follows:
 
    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
    (Section scheduled to be repealed on June 30, 2020)
    Sec. 4. Award of State contracts.
    (a) Except as provided in subsections (b) and (c), not less
than 20% of the total dollar amount of State contracts, as
defined by the Secretary of the Council and approved by the
Council, shall be established as an aspirational goal to be
awarded to businesses owned by minorities, women, and persons
with disabilities; provided, however, that of the total amount
of all State contracts awarded to businesses owned by
minorities, women, and persons with disabilities pursuant to
this Section, contracts representing at least 11% shall be
awarded to businesses owned by minorities, contracts
representing at least 7% shall be awarded to women-owned
businesses, and contracts representing at least 2% shall be
awarded to businesses owned by persons with disabilities.
    The above percentage relates to the total dollar amount of
State contracts during each State fiscal year, calculated by
examining independently each type of contract for each agency
or public institutions of higher education which lets such
contracts. Only that percentage of arrangements which
represents the participation of businesses owned by
minorities, women, and persons with disabilities on such
contracts shall be included.
    (b) Not In the case of State construction contracts, the
provisions of subsection (a) requiring a portion of State
contracts to be awarded to businesses owned and controlled by
persons with disabilities do not apply. The following
aspirational goals are established for State construction
contracts: not less than 20% of the total dollar amount of
State construction contracts is established as an aspirational
a goal to be awarded to businesses owned by minorities, women,
and persons with disabilities; provided that, contracts
representing at least 11% of the total dollar amount of State
construction contracts shall be awarded to businesses owned by
minorities; contracts representing at least 7% of the total
dollar amount of State construction contracts shall be awarded
to women-owned businesses; and contracts representing at least
2% of the total dollar amount of State construction contracts
shall be awarded to businesses owned by persons with
disabilities minority-owned and women-owned businesses.
    (c) (Blank). In the case of all work undertaken by the
University of Illinois related to the planning, organization,
and staging of the games, the University of Illinois shall
establish a goal of awarding not less than 25% of the annual
dollar value of all contracts, purchase orders, and other
agreements (collectively referred to as "the contracts") to
minority-owned businesses or businesses owned by a person with
a disability and 5% of the annual dollar value the contracts to
women-owned businesses. For purposes of this subsection, the
term "games" has the meaning set forth in the Olympic Games and
Paralympic Games (2016) Law.
    (d) Within one year after April 28, 2009 (the effective
date of Public Act 96-8), the Department of Central Management
Services shall conduct a social scientific study that measures
the impact of discrimination on minority and women business
development in Illinois. Within 18 months after April 28, 2009
(the effective date of Public Act 96-8), the Department shall
issue a report of its findings and any recommendations on
whether to adjust the goals for minority and women
participation established in this Act. Copies of this report
and the social scientific study shall be filed with the
Governor and the General Assembly.
    By December 1, 2020, the Department of Central Management
Services shall conduct a new social scientific study that
measures the impact of discrimination on minority and women
business development in Illinois. By June 1, 2022, the
Department shall issue a report of its findings and any
recommendations on whether to adjust the goals for minority and
women participation established in this Act. Copies of this
report and the social scientific study shall be filed with the
Governor, the Advisory Board, and the General Assembly.
    (e) Except as permitted under this Act or as otherwise
mandated by federal law or regulation, those who submit bids or
proposals for State contracts subject to the provisions of this
Act, whose bids or proposals are successful and include a
utilization plan but that fail to meet the goals set forth in
subsection (b) of this Section, shall be notified of that
deficiency and shall be afforded a period not to exceed 10
calendar days from the date of notification to cure that
deficiency in the bid or proposal. The deficiency in the bid or
proposal may only be cured by contracting with additional
subcontractors who are owned by minorities or women. Any
increase in cost to a contract for the addition of a
subcontractor to cure a bid's deficiency shall not be used in
the request for an exemption in this Act, and , but in no case
shall an identified subcontractor with a certification made
pursuant to this Act be terminated from the contract without
the written consent of the State agency or public institution
of higher education entering into the contract.
    (f) Non-construction solicitations that include Business
Enterprise Program participation goals shall require bidders
and offerors to include utilization plans. Utilization plans
are due at the time of bid or offer submission. Failure to
complete and include a utilization plan, including
documentation demonstrating good faith effort when requesting
a waiver, shall render the bid or offer non-responsive.
(Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16;
100-391, eff. 8-25-17.)
 
    (30 ILCS 575/4f)
    (Section scheduled to be repealed on June 30, 2020)
    Sec. 4f. Award of State contracts.
    (1) It is hereby declared to be the public policy of the
State of Illinois to promote and encourage each State agency
and public institution of higher education to use businesses
owned by minorities, women, and persons with disabilities in
the area of goods and services, including, but not limited to,
insurance services, investment management services,
information technology services, accounting services,
architectural and engineering services, and legal services.
Furthermore, each State agency and public institution of higher
education shall utilize such firms to the greatest extent
feasible within the bounds of financial and fiduciary prudence,
and take affirmative steps to remove any barriers to the full
participation of such firms in the procurement and contracting
opportunities afforded.
        (a) When a State agency or public institution of higher
    education, other than a community college, awards a
    contract for insurance services, for each State agency or
    public institution of higher education, it shall be the
    aspirational goal to use insurance brokers owned by
    minorities, women, and persons with disabilities as
    defined by this Act, for not less than 20% of the total
    annual premiums or fees; provided that, contracts
    representing at least 11% of the total annual premiums or
    fees shall be awarded to businesses owned by minorities;
    contracts representing at least 7% of the total annual
    premiums or fees shall be awarded to women-owned
    businesses; and contracts representing at least 2% of the
    total annual premiums or fees shall be awarded to
    businesses owned by persons with disabilities.
        (b) When a State agency or public institution of higher
    education, other than a community college, awards a
    contract for investment services, for each State agency or
    public institution of higher education, it shall be the
    aspirational goal to use emerging investment managers
    owned by minorities, women, and persons with disabilities
    as defined by this Act, for not less than 20% of the total
    funds under management; provided that, contracts
    representing at least 11% of the total funds under
    management shall be awarded to businesses owned by
    minorities; contracts representing at least 7% of the total
    funds under management shall be awarded to women-owned
    businesses; and contracts representing at least 2% of the
    total funds under management shall be awarded to businesses
    owned by persons with disabilities. Furthermore, it is the
    aspirational goal that not less than 20% of the direct
    asset managers of the State funds be minorities, women, and
    persons with disabilities.
        (c) When a State agency or public institution of higher
    education, other than a community college, awards
    contracts for information technology services, accounting
    services, architectural and engineering services, and
    legal services, for each State agency and public
    institution of higher education, it shall be the
    aspirational goal to use such firms owned by minorities,
    women, and persons with disabilities as defined by this Act
    and lawyers who are minorities, women, and persons with
    disabilities as defined by this Act, for not less than 20%
    of the total dollar amount of State contracts; provided
    that, contracts representing at least 11% of the total
    dollar amount of State contracts shall be awarded to
    businesses owned by minorities or minority lawyers;
    contracts representing at least 7% of the total dollar
    amount of State contracts shall be awarded to women-owned
    businesses or women who are lawyers; and contracts
    representing at least 2% of the total dollar amount of
    State contracts shall be awarded to businesses owned by
    persons with disabilities or persons with disabilities who
    are lawyers.
        (d) When a community college awards a contract for
    insurance services, investment services, information
    technology services, accounting services, architectural
    and engineering services, and legal services, it shall be
    the aspirational goal of each community college to use
    businesses owned by minorities, women, and persons with
    disabilities as defined in this Act for not less than 20%
    of the total amount spent on contracts for these services
    collectively; provided that, contracts representing at
    least 11% of the total amount spent on contracts for these
    services shall be awarded to businesses owned by
    minorities; contracts representing at least 7% of the total
    amount spent on contracts for these services shall be
    awarded to women-owned businesses; and contracts
    representing at least 2% of the total amount spent on
    contracts for these services shall be awarded to businesses
    owned by persons with disabilities. When a community
    college awards contracts for investment services,
    contracts awarded to investment managers who are not
    emerging investment managers as defined in this Act shall
    not be considered businesses owned by minorities, women, or
    persons with disabilities for the purposes of this Section.
    (2) As used in this Section:
        "Accounting services" means the measurement,
    processing and communication of financial information
    about economic entities including, but is not limited to,
    financial accounting, management accounting, auditing,
    cost containment and auditing services, taxation and
    accounting information systems.
        "Architectural and engineering services" means
    professional services of an architectural or engineering
    nature, or incidental services, that members of the
    architectural and engineering professions, and individuals
    in their employ, may logically or justifiably perform,
    including studies, investigations, surveying and mapping,
    tests, evaluations, consultations, comprehensive planning,
    program management, conceptual designs, plans and
    specifications, value engineering, construction phase
    services, soils engineering, drawing reviews, preparation
    of operating and maintenance manuals, and other related
    services.
        "Emerging investment manager" means an investment
    manager or claims consultant having assets under
    management below $10 billion or otherwise adjudicating
    claims.
        "Information technology services" means, but is not
    limited to, specialized technology-oriented solutions by
    combining the processes and functions of software,
    hardware, networks, telecommunications, web designers,
    cloud developing resellers, and electronics.
        "Insurance broker" means an insurance brokerage firm,
    claims administrator, or both, that procures, places all
    lines of insurance, or administers claims with annual
    premiums or fees of at least $5,000,000 but not more than
    $10,000,000.
        "Legal services" means work performed by a lawyer
    including, but not limited to, contracts in anticipation of
    litigation, enforcement actions, or investigations.
    (3) Each State agency and public institution of higher
education shall adopt policies that identify its plan and
implementation procedures for increasing the use of service
firms owned by minorities, women, and persons with
disabilities.
    (4) Except as provided in subsection (5), the Council shall
file no later than March 1 of each year an annual report to the
Governor, the Bureau on Apprenticeship Programs, and the
General Assembly. The report filed with the General Assembly
shall be filed as required in Section 3.1 of the General
Assembly Organization Act. This report shall: (i) identify the
service firms used by each State agency and public institution
of higher education, (ii) identify the actions it has
undertaken to increase the use of service firms owned by
minorities, women, and persons with disabilities, including
encouraging non-minority-owned firms to use other service
firms owned by minorities, women, and persons with disabilities
as subcontractors when the opportunities arise, (iii) state any
recommendations made by the Council to each State agency and
public institution of higher education to increase
participation by the use of service firms owned by minorities,
women, and persons with disabilities, and (iv) include the
following:
        (A) For insurance services: the names of the insurance
    brokers or claims consultants used, the total of risk
    managed by each State agency and public institution of
    higher education by insurance brokers, the total
    commissions, fees paid, or both, the lines or insurance
    policies placed, and the amount of premiums placed; and the
    percentage of the risk managed by insurance brokers, the
    percentage of total commission, fees paid, or both, the
    lines or insurance policies placed, and the amount of
    premiums placed with each by the insurance brokers owned by
    minorities, women, and persons with disabilities by each
    State agency and public institution of higher education.
        (B) For investment management services: the names of
    the investment managers used, the total funds under
    management of investment managers; the total commissions,
    fees paid, or both; the total and percentage of funds under
    management of emerging investment managers owned by
    minorities, women, and persons with disabilities,
    including the total and percentage of total commissions,
    fees paid, or both by each State agency and public
    institution of higher education.
        (C) The names of service firms, the percentage and
    total dollar amount paid for professional services by
    category by each State agency and public institution of
    higher education.
        (D) The names of service firms, the percentage and
    total dollar amount paid for services by category to firms
    owned by minorities, women, and persons with disabilities
    by each State agency and public institution of higher
    education.
        (E) The total number of contracts awarded for services
    by category and the total number of contracts awarded to
    firms owned by minorities, women, and persons with
    disabilities by each State agency and public institution of
    higher education.
    (5) For community college districts, the Business
Enterprise Council shall only report the following information
for each community college district: (i) the name of the
community colleges in the district, (ii) the name and contact
information of a person at each community college appointed to
be the single point of contact for vendors owned by minorities,
women, or persons with disabilities, (iii) the policy of the
community college district concerning certified vendors, (iv)
the certifications recognized by the community college
district for determining whether a business is owned or
controlled by a minority, woman, or person with a disability,
(v) outreach efforts conducted by the community college
district to increase the use of certified vendors, (vi) the
total expenditures by the community college district in the
prior fiscal year in the divisions of work specified in
paragraphs (a), (b), and (c) of subsection (1) of this Section
and the amount paid to certified vendors in those divisions of
work, and (vii) the total number of contracts entered into for
the divisions of work specified in paragraphs (a), (b), and (c)
of subsection (1) of this Section and the total number of
contracts awarded to certified vendors providing these
services to the community college district. The Business
Enterprise Council shall not make any utilization reports under
this Act for community college districts for Fiscal Year 2015
and Fiscal Year 2016, but shall make the report required by
this subsection for Fiscal Year 2017 and for each fiscal year
thereafter. The Business Enterprise Council shall report the
information in items (i), (ii), (iii), and (iv) of this
subsection beginning in September of 2016. The Business
Enterprise Council may collect the data needed to make its
report from the Illinois Community College Board.
    (6) The status of the utilization of services shall be
discussed at each of the regularly scheduled Business
Enterprise Council meetings. Time shall be allotted for the
Council to receive, review, and discuss the progress of the use
of service firms owned by minorities, women, and persons with
disabilities by each State agency and public institution of
higher education; and any evidence regarding past or present
racial, ethnic, or gender-based discrimination which directly
impacts a State agency or public institution of higher
education contracting with such firms. If after reviewing such
evidence the Council finds that there is or has been such
discrimination against a specific group, race or sex, the
Council shall establish sheltered markets or adjust existing
sheltered markets tailored to address the Council's specific
findings for the divisions of work specified in paragraphs (a),
(b), and (c) of subsection (1) of this Section.
(Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16;
100-391, eff. 8-25-17.)
 
    (30 ILCS 575/7)  (from Ch. 127, par. 132.607)
    (Section scheduled to be repealed on June 30, 2020)
    Sec. 7. Exemptions; waivers; publication of data.
    (1) Individual contract exemptions. The Council, on its own
initiative or at the written request of the affected agency,
public institution of higher education, or recipient of a grant
or loan of State funds of $250,000 or more complying with
Section 45 of the State Finance Act, may permit an individual
contract or contract package, (related contracts being bid or
awarded simultaneously for the same project or improvements) be
made wholly or partially exempt from State contracting goals
for businesses owned by minorities, women, and persons with
disabilities prior to the advertisement for bids or
solicitation of proposals whenever there has been a
determination, reduced to writing and based on the best
information available at the time of the determination, that
there is an insufficient number of businesses owned by
minorities, women, and persons with disabilities to ensure
adequate competition and an expectation of reasonable prices on
bids or proposals solicited for the individual contract or
contract package in question. The Council may charge a
reasonable fee for written request of individual contract
exemptions. Any such exemptions shall be given by the Council
to the Bureau on Apprenticeship Programs.
        (a) Written request for contract exemption. A written
    request for an individual contract exception must include,
    but is not limited to, the following:
            (i) a list of qualified businesses owned by
        minorities, women, and persons with disabilities that
        would qualify for the purpose of the contract;
            (ii) each business's deficiency that would impair
        adequate competition or qualification;
            (iii) the difference in cost between the contract
        proposals being offered by businesses owned by
        minorities, women, and persons with disabilities and
        the agency or the public institution of higher
        education's expectations of reasonable prices on bids
        or proposals within that class; and
            (iv) a list of qualified businesses owned by
        minorities, women, and persons with disabilities that
        the contractor has used in the most recent fiscal year.
        (b) Determination. The Council's determination
    concerning an individual contract exemption must include
    the following:
            (i) the justification for each business's
        disqualification;
            (ii) the number of waivers of the affected agency,
        public institution of higher education, or recipient
        of a grant or loan of State funds of $250,000 or more
        complying with Section 45 of the State Finance Act that
        have been granted by the Council for that fiscal year;
        and
            (iii) the affected agency or public institution of
        higher education's most current percentages in
        contracts awarded to businesses owned by minorities,
        women, and persons with disabilities for that fiscal
        year.
    (2) Class exemptions.
        (a) Creation. The Council, on its own initiative or at
    the written request of the affected agency or public
    institution of higher education, may permit an entire class
    of contracts be made exempt from State contracting goals
    for businesses owned by minorities, women, and persons with
    disabilities whenever there has been a determination,
    reduced to writing and based on the best information
    available at the time of the determination, that there is
    an insufficient number of qualified businesses owned by
    minorities, women, and persons with disabilities to ensure
    adequate competition and an expectation of reasonable
    prices on bids or proposals within that class. Any such
    exemption shall be given by the Council to the Bureau on
    Apprenticeship Programs.
        (a-1) Written request for class exemption. A written
    request for a class exception must include, but is not
    limited to, the following:
            (i) a list of qualified businesses owned by
        minorities, women, and persons with disabilities that
        pertain to the class of contracts in the requested
        waiver;
            (ii) each business's deficiency that would impair
        adequate competition or qualification;
            (iii) the difference in cost between the contract
        proposals being offered by businesses owned by
        minorities, women, and persons with disabilities and
        the agency or the public institution of higher
        education's expectations of reasonable prices on bids
        or proposals within that class; and
            (iv) the number of class exemptions the affected
        agency or public institution of higher education has
        requested for that fiscal year.
        (a-2) Determination. The Council's determination
    concerning class exemptions must include the following:
            (i) the justification for each business's
        disqualification;
            (ii) the number of waivers of the requesting agency
        or public institution of higher education that have
        been granted by the Council for that fiscal year; and
            (iii) the agency or public institution of higher
        education's most current percentages in contracts
        awarded to businesses owned by minorities, women, and
        persons with disabilities for that fiscal year.
        (b) Limitation. Any such class exemption shall not be
    permitted for a period of more than one year at a time.
    (3) Waivers. Where a particular contract requires a
contractor to meet a goal established pursuant to this Act, the
contractor shall have the right to request a waiver from such
requirements. The Council shall grant the waiver where the
contractor demonstrates that there has been made a good faith
effort to comply with the goals for participation by businesses
owned by minorities, women, and persons with disabilities. Any
such waiver shall also be transmitted in writing to the Bureau
on Apprenticeship Programs.
        (a) Request for waiver. A contractor's request for a
    waiver under this subsection (3) must include, but is not
    limited to, the following:
            (i) a list of qualified businesses owned by
        minorities, women, and persons with disabilities that
        pertain to the class of contracts in the requested
        waiver;
            (ii) each business's deficiency that would impair
        adequate competition or qualification;
            (iii) the difference in cost between the contract
        proposals being offered by businesses owned by
        minorities, women, and persons with disabilities and
        the agency or the public institution of higher
        education's expectations of reasonable prices on bids
        or proposals within that class.
        (b) Determination. The Council's determination
    concerning waivers must include following:
            (i) the justification for each business's
        disqualification;
            (ii) the number of waivers the contractor has been
        granted by the Council for that fiscal year;
            (iii) the affected agency or public institution of
        higher education's most current percentages in
        contracts awarded to businesses owned by minorities,
        women, and persons with disabilities for that fiscal
        year; and
            (iv) a list of qualified businesses owned by
        minorities, women, and persons with disabilities that
        the contractor has used in the most recent fiscal year.
    (3.5) Fees. The Council may charge a fee for a written
request on individual contract exemptions. The Council shall
not charge for a first request. For a second request, the
Council shall charge no more than $1,000. For a fifth request
or higher from a contractor, the Council shall charge no more
than $5,000 per request. The Department shall collect the fees
under this Section. Any fee collected under this Section shall
be used by the Bureau on Apprenticeship Programs to increase
minority participation in apprenticeship programs in the
State.
    (4) Conflict with other laws. In the event that any State
contract, which otherwise would be subject to the provisions of
this Act, is or becomes subject to federal laws or regulations
which conflict with the provisions of this Act or actions of
the State taken pursuant hereto, the provisions of the federal
laws or regulations shall apply and the contract shall be
interpreted and enforced accordingly.
    (5) Each chief procurement officer, as defined in the
Illinois Procurement Code, shall maintain on his or her
official Internet website a database of the following: (i)
waivers granted under this Section with respect to contracts
under his or her jurisdiction; (ii) a State agency or public
institution of higher education's written request for an
exemption of an individual contract or an entire class of
contracts; and (iii) the Council's written determination
granting or denying a request for an exemption of an individual
contract or an entire class of contracts. The database, which
shall be updated periodically as necessary, shall be searchable
by contractor name and by contracting State agency.
    (6) Each chief procurement officer, as defined by the
Illinois Procurement Code, shall maintain on its website a list
of all firms that have been prohibited from bidding, offering,
or entering into a contract with the State of Illinois as a
result of violations of this Act.
    Each public notice required by law of the award of a State
contract shall include for each bid or offer submitted for that
contract the following: (i) the bidder's or offeror's name,
(ii) the bid amount, (iii) the name or names of the certified
firms identified in the bidder's or offeror's submitted
utilization plan, and (iv) the bid's amount and percentage of
the contract awarded to businesses owned by minorities, women,
and persons with disabilities identified in the utilization
plan.
(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
    (30 ILCS 575/9)  (from Ch. 127, par. 132.609)
    (Section scheduled to be repealed on June 30, 2020)
    Sec. 9. This Act is repealed June 30, 2024 June 30, 2020.
(Source: P.A. 99-514, eff. 6-30-16.)
 
    Section 15. The State Construction Minority and Female
Building Trades Act is amended by changing Section 35-15 as
follows:
 
    (30 ILCS 577/35-15)
    Sec. 35-15. Compilation of building trade data. By March 31
of each year, the Illinois Department of Labor shall publish
and make available on its official website a report compiling
and summarizing demographic trends in the State's building
trades apprenticeship programs, with particular attention to
race, gender, ethnicity, and national origin of apprentices in
labor organizations and other entities in Illinois based on the
information submitted to the Department under Section 35-10.
The report shall include, but not be limited to, apprentices by
gender, apprentices by race and ethnicity, apprentices by
national origin, apprentices by gender, race, ethnicity, and
national origin in union and non-union programs,
apprenticeship programs offered by union and non-union,
apprentices by union or non-union, apprenticeship programs by
trade, apprentices by trade, apprenticeship programs by length
of time.
(Source: P.A. 100-797, eff. 8-10-18.)
 
    Section 20. The Criminal Code of 2012 is amended by
changing Section 17-10.3 as follows:
 
    (720 ILCS 5/17-10.3)
    Sec. 17-10.3. Deception relating to certification of
disadvantaged business enterprises.
    (a) Fraudulently obtaining or retaining certification. A
person who, in the course of business, fraudulently obtains or
retains certification as a minority-owned business,
women-owned business, service-disabled veteran-owned small
business, or veteran-owned small business commits a Class 1 2
felony.
    (b) Willfully making a false statement. A person who, in
the course of business, willfully makes a false statement
whether by affidavit, report or other representation, to an
official or employee of a State agency or the Business
Enterprise Council for Minorities, Women, and Persons with
Disabilities for the purpose of influencing the certification
or denial of certification of any business entity as a
minority-owned business, women-owned business,
service-disabled veteran-owned small business, or
veteran-owned small business commits a Class 1 2 felony.
    (c) Willfully obstructing or impeding an official or
employee of any agency in his or her investigation. Any person
who, in the course of business, willfully obstructs or impedes
an official or employee of any State agency or the Business
Enterprise Council for Minorities, Women, and Persons with
Disabilities who is investigating the qualifications of a
business entity which has requested certification as a
minority-owned business, women-owned business,
service-disabled veteran-owned small business, or
veteran-owned small business commits a Class 1 2 felony.
    (d) Fraudulently obtaining public moneys reserved for
disadvantaged business enterprises. Any person who, in the
course of business, fraudulently obtains public moneys
reserved for, or allocated or available to, minority-owned
businesses, women-owned businesses, service-disabled
veteran-owned small businesses, or veteran-owned small
businesses commits a Class 1 2 felony.
    (e) Definitions. As used in this Article, "minority-owned
business", "women-owned business", "State agency" with respect
to minority-owned businesses and women-owned businesses, and
"certification" with respect to minority-owned businesses and
women-owned businesses shall have the meanings ascribed to them
in Section 2 of the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act. As used in this Article,
"service-disabled veteran-owned small business",
"veteran-owned small business", "State agency" with respect to
service-disabled veteran-owned small businesses and
veteran-owned small businesses, and "certification" with
respect to service-disabled veteran-owned small businesses and
veteran-owned small businesses have the same meanings as in
Section 45-57 of the Illinois Procurement Code.
(Source: P.A. 100-391, eff. 8-25-17.)
 
    Section 99. Effective date. This Act takes effect January
1, 2020.

Effective Date: 1/1/2020