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Sen. Emil Jones, III
Filed: 5/23/2019
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| 1 | | AMENDMENT TO SENATE BILL 534
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 534, AS AMENDED, |
| 3 | | with reference to page and line numbers of Senate Amendment No. |
| 4 | | 3, by replacing line 18 on page 21 though line 5 on page 22 with |
| 5 | | the following:
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| 6 | | "Section 15. The Criminal Code of 2012 is amended by |
| 7 | | changing Section 17-10.3 as follows:
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| 8 | | (720 ILCS 5/17-10.3) |
| 9 | | Sec. 17-10.3. Deception relating to certification of |
| 10 | | disadvantaged business enterprises. |
| 11 | | (a) Fraudulently obtaining or retaining certification. A |
| 12 | | person
who, in the course of business, fraudulently obtains or |
| 13 | | retains
certification as a minority-owned business, |
| 14 | | women-owned business, service-disabled veteran-owned small |
| 15 | | business, or veteran-owned small business commits
a Class 1 2 |
| 16 | | felony. |
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| 1 | | (b) Willfully making a false statement. A person who, in |
| 2 | | the
course of business, willfully makes a false statement |
| 3 | | whether by affidavit,
report or other representation, to an |
| 4 | | official or employee of a State
agency or the Business |
| 5 | | Enterprise Council for Minorities, Women, and Persons with |
| 6 | | Disabilities for the
purpose of influencing the certification |
| 7 | | or denial of certification of any
business entity as a |
| 8 | | minority-owned business, women-owned business, |
| 9 | | service-disabled veteran-owned small business, or |
| 10 | | veteran-owned small business
commits a Class 1 2 felony. |
| 11 | | (c) Willfully obstructing or impeding an official or |
| 12 | | employee of
any agency in his or her investigation.
Any person |
| 13 | | who, in the course of business, willfully obstructs or impedes
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| 14 | | an official or employee of any State agency or the
Business |
| 15 | | Enterprise Council for Minorities, Women, and Persons with |
| 16 | | Disabilities
who is investigating the qualifications of a |
| 17 | | business
entity which has requested certification as a |
| 18 | | minority-owned business, women-owned
business, |
| 19 | | service-disabled veteran-owned small business, or |
| 20 | | veteran-owned small business commits a Class 1 2 felony. |
| 21 | | (d) Fraudulently obtaining public moneys reserved for
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| 22 | | disadvantaged business enterprises. Any person who, in the |
| 23 | | course of
business, fraudulently obtains public moneys |
| 24 | | reserved for, or allocated or
available to, minority-owned |
| 25 | | businesses, women-owned businesses, service-disabled |
| 26 | | veteran-owned small businesses, or veteran-owned small |
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| 1 | | businesses commits a
Class 1 2 felony. |
| 2 | | (e) Definitions. As used in this Article, "minority-owned
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| 3 | | business", "women-owned business", "State agency" with respect |
| 4 | | to minority-owned businesses and women-owned businesses, and |
| 5 | | "certification" with respect to minority-owned businesses and |
| 6 | | women-owned businesses shall
have the meanings ascribed to them |
| 7 | | in Section 2 of the Business Enterprise for
Minorities, Women, |
| 8 | | and
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 |
| 11 | | service-disabled veteran-owned small businesses and |
| 12 | | veteran-owned small businesses, and "certification" with |
| 13 | | respect to service-disabled veteran-owned small businesses and |
| 14 | | veteran-owned small businesses have the same meanings as in |
| 15 | | Section 45-57 of the Illinois Procurement Code.
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| 16 | | (Source: P.A. 100-391, eff. 8-25-17.)".
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