Full Text of HB4466 97th General Assembly
HB4466ham002 97TH GENERAL ASSEMBLY | Rep. William Davis Filed: 2/23/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4466
| 2 | | AMENDMENT NO. ______. Amend House Bill 4466 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Horse Racing Act of 1975 is | 5 | | amended by adding Section 12.2 as follows: | 6 | | (230 ILCS 5/12.2 new) | 7 | | Sec. 12.2. Business enterprise program. | 8 | | (a) For the purposes of this Section, the terms "minority", | 9 | | "minority owned business", "female", "female owned business", | 10 | | "person with a disability", and "business owned by a person | 11 | | with a disability" have the meaning ascribed to them in the | 12 | | Business Enterprise for Minorities, Females, and Persons with | 13 | | Disabilities Act. | 14 | | (b) The Board shall, by rule, establish goals for the award | 15 | | of contracts by each organization licensee, inter-track | 16 | | wagering licensee, inter-track wagering location licensee, or |
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| 1 | | advance deposit wagering licensee to businesses owned by | 2 | | minorities, females, and persons with disabilities, expressed | 3 | | as percentages of an organization licensee's, inter-track | 4 | | wagering licensee's, inter-track wagering location licensee's, | 5 | | or advance deposit wagering licensee's total dollar amount of | 6 | | contracts awarded during each calendar year. Each organization | 7 | | licensee, inter-track wagering licensee, inter-track wagering | 8 | | location licensee, or advance deposit wagering licensee must | 9 | | make every effort to meet the goals established by the Board | 10 | | pursuant to this Section. | 11 | | (c) Each organization licensee, inter-track wagering | 12 | | licensee, inter-track wagering location licensee, or advance | 13 | | deposit wagering licensee shall file with the Board an annual | 14 | | report of its utilization of minority owned businesses, female | 15 | | owned businesses, and businesses owned by persons with | 16 | | disabilities during the preceding calendar year. The reports | 17 | | shall include a self-evaluation of the efforts of the | 18 | | organization licensee, inter-track wagering licensee, | 19 | | inter-track wagering location licensee, or advance deposit | 20 | | wagering licensee to meet its goals under this Section. | 21 | | (d) The organization licensee, inter-track wagering
| 22 | | licensee, inter-track wagering location licensee, or advance
| 23 | | deposit wagering licensee shall have the right to request a | 24 | | waiver from the requirements of this Section. The Board shall | 25 | | grant the waiver where the organization licensee, inter-track | 26 | | wagering
licensee, inter-track wagering location licensee, or |
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| 1 | | advance
deposit wagering licensee demonstrates that there has | 2 | | been made a good faith effort to comply with the goals for | 3 | | participation by minority owned businesses, female
owned | 4 | | businesses, and businesses owned by persons with
disabilities. | 5 | | (e) If the Board determines that its goals and policies are | 6 | | not being met by any organization licensee, inter-track | 7 | | wagering licensee, inter-track wagering location licensee, or | 8 | | advance deposit wagering licensee, then the Board may: | 9 | | (1) adopt remedies for such violations, which may | 10 | | include revocation of the license; and | 11 | | (2) recommend that the organization licensee, | 12 | | inter-track wagering licensee, inter-track wagering | 13 | | location licensee, or advance deposit wagering licensee | 14 | | provide additional opportunities for participation by | 15 | | minority owned businesses, female owned businesses, and | 16 | | businesses owned by persons with disabilities; such | 17 | | recommendations may include, but shall not be limited to: | 18 | | (A) assurances of stronger and better focused
| 19 | | solicitation efforts to obtain more minority owned | 20 | | businesses, female owned businesses, and businesses | 21 | | owned by persons with disabilities as potential | 22 | | sources of supply; | 23 | | (B) division of job or project requirements, when
| 24 | | economically feasible, into tasks or quantities to | 25 | | permit participation of minority owned businesses, | 26 | | female owned businesses, and businesses owned by |
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| 1 | | persons with disabilities; | 2 | | (C) elimination of extended experience or
| 3 | | capitalization requirements, when programmatically | 4 | | feasible, to permit participation of minority owned | 5 | | businesses, female owned businesses, and businesses | 6 | | owned by persons with disabilities; | 7 | | (D) identification of specific proposed contracts | 8 | | as
particularly attractive or appropriate for | 9 | | participation by minority owned businesses, female | 10 | | owned businesses, and businesses owned by persons with | 11 | | disabilities, such identification to result from and | 12 | | be coupled with the efforts of items (A) through (C);
| 13 | | and | 14 | | (E) implementation of regulations established
for | 15 | | the use of the sheltered market process. | 16 | | (f) The Board shall file, no later than March 1 of each | 17 | | year, an annual report that shall detail the level of | 18 | | achievement toward the goals specified in this Section over the | 19 | | 3 most recent fiscal years. The annual report shall include, | 20 | | but need not be limited to: | 21 | | (1) a summary detailing expenditures subject
to the | 22 | | goals, the actual goals specified, and the goals attained | 23 | | by each organization licensee, inter-track wagering | 24 | | licensee, inter-track wagering location licensee, or | 25 | | advance deposit wagering licensee; | 26 | | (2) a summary of the number of contracts awarded and
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| 1 | | the average contract amount by each organization licensee, | 2 | | inter-track wagering licensee, inter-track wagering | 3 | | location licensee, or advance deposit wagering licensee; | 4 | | (3) an analysis of the level of overall goal
| 5 | | achievement concerning purchases from minority owned | 6 | | businesses, female owned businesses, and businesses owned | 7 | | by persons with disabilities; | 8 | | (4) an analysis of the number of minority owned | 9 | | businesses, female owned businesses, and businesses owned | 10 | | by persons with disabilities that are certified under the | 11 | | program as well as the number of those businesses that | 12 | | received State procurement contracts; and | 13 | | (5) a summary of the number of contracts awarded to
| 14 | | businesses with annual gross sales of less than $1,000,000; | 15 | | of $1,000,000 or more, but less than $5,000,000; of | 16 | | $5,000,000 or more, but less than $10,000,000; and of | 17 | | $10,000,000 or more. | 18 | | Section 10. The Riverboat Gambling Act is amended by adding | 19 | | Section 7.6 as follows: | 20 | | (230 ILCS 10/7.6 new) | 21 | | Sec. 7.6. Business enterprise program. | 22 | | (a) For the purposes of this Section, the terms "minority", | 23 | | "minority owned business", "female", "female owned business", | 24 | | "person with a disability", and "business owned by a person |
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| 1 | | with a disability" have the meaning ascribed to them in the | 2 | | Business Enterprise for Minorities, Females, and Persons with | 3 | | Disabilities Act. | 4 | | (b) The Board shall, by rule, establish goals for the award | 5 | | of contracts by each owners licensee to businesses owned by | 6 | | minorities, females, and persons with disabilities, expressed | 7 | | as percentages of an owners licensee's total dollar amount of | 8 | | contracts awarded during each calendar year. Each owners | 9 | | licensee must make every effort to meet the goals established | 10 | | by the Board pursuant to this Section. | 11 | | (c) Each owners licensee shall file with the Board an | 12 | | annual report of its utilization of minority owned businesses, | 13 | | female owned businesses, and businesses owned by persons with | 14 | | disabilities during the preceding calendar year. The reports | 15 | | shall include a self-evaluation of the efforts of the owners | 16 | | licensee to meet its goals under this Section. | 17 | | (d) The owners licensee shall have the right to request a | 18 | | waiver from the requirements of this Section. The Board shall | 19 | | grant the waiver where the owners licensee demonstrates that | 20 | | there has been made a good faith effort to comply with the | 21 | | goals for participation by minority owned businesses, female
| 22 | | owned businesses, and businesses owned by persons with
| 23 | | disabilities. | 24 | | (e) If the Board determines that its goals and policies are | 25 | | not being met by any owners licensee, then the Board may: | 26 | | (1) adopt remedies for such violations, which may |
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| 1 | | include revocation of the license; and | 2 | | (2) recommend that the owners licensee provide | 3 | | additional opportunities for participation by minority | 4 | | owned businesses, female owned businesses, and businesses | 5 | | owned by persons with disabilities; such recommendations | 6 | | may include, but shall not be limited to: | 7 | | (A) assurances of stronger and better focused
| 8 | | solicitation efforts to obtain more minority owned | 9 | | businesses, female owned businesses, and businesses | 10 | | owned by persons with disabilities as potential | 11 | | sources of supply; | 12 | | (B) division of job or project requirements, when
| 13 | | economically feasible, into tasks or quantities to | 14 | | permit participation of minority owned businesses, | 15 | | female owned businesses, and businesses owned by | 16 | | persons with disabilities; | 17 | | (C) elimination of extended experience or
| 18 | | capitalization requirements, when programmatically | 19 | | feasible, to permit participation of minority owned | 20 | | businesses, female owned businesses, and businesses | 21 | | owned by persons with disabilities; | 22 | | (D) identification of specific proposed contracts | 23 | | as
particularly attractive or appropriate for | 24 | | participation by minority owned businesses, female | 25 | | owned businesses, and businesses owned by persons with | 26 | | disabilities, such identification to result from and |
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| 1 | | be coupled with the efforts of items (A) through (C);
| 2 | | and | 3 | | (E) implementation of regulations established
for | 4 | | the use of the sheltered market process. | 5 | | (f) The Board shall file, no later than March 1 of each | 6 | | year, an annual report that shall detail the level of | 7 | | achievement toward the goals specified in this Section over the | 8 | | 3 most recent fiscal years. The annual report shall include, | 9 | | but need not be limited to: | 10 | | (1) a summary detailing expenditures subject
to the | 11 | | goals, the actual goals specified, and the goals attained | 12 | | by each owners licensee; | 13 | | (2) a summary of the number of contracts awarded and
| 14 | | the average contract amount by each owners licensee; | 15 | | (3) an analysis of the level of overall goal
| 16 | | achievement concerning purchases from minority owned | 17 | | businesses, female owned businesses, and businesses owned | 18 | | by persons with disabilities; | 19 | | (4) an analysis of the number of minority owned | 20 | | businesses, female owned businesses, and businesses owned | 21 | | by persons with disabilities that are certified under the | 22 | | program as well as the number of those businesses that | 23 | | received State procurement contracts; and | 24 | | (5) a summary of the number of contracts awarded to
| 25 | | businesses with annual gross sales of less than $1,000,000; | 26 | | of $1,000,000 or more, but less than $5,000,000; of |
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| 1 | | $5,000,000 or more, but less than $10,000,000; and of | 2 | | $10,000,000 or more. | 3 | | Section 15. The Video Gaming
Act is amended by adding | 4 | | Section 28 as follows: | 5 | | (230 ILCS 40/28 new) | 6 | | Sec. 28. Business enterprise program. | 7 | | (a) For the purposes of this Section, the terms "minority", | 8 | | "minority owned business", "female", "female owned business", | 9 | | "person with a disability", and "business owned by a person | 10 | | with a disability" have the meaning ascribed to them in the | 11 | | Business Enterprise for Minorities, Females, and Persons with | 12 | | Disabilities Act. | 13 | | (b) The Board shall, by rule, establish goals for the award | 14 | | of contracts by each licensed establishment, licensed truck | 15 | | stop establishment, licensed fraternal establishment, licensed | 16 | | veterans establishment, or terminal operator to businesses | 17 | | owned by minorities, females, and persons with disabilities, | 18 | | expressed as percentages of a licensed establishment's, | 19 | | licensed truck stop establishment's, licensed fraternal | 20 | | establishment's, licensed veterans establishment's, or | 21 | | terminal operator's total dollar amount of contracts awarded | 22 | | during each calendar year. Each licensed establishment, | 23 | | licensed truck stop establishment, licensed fraternal | 24 | | establishment, licensed veterans establishment, or terminal |
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| 1 | | operator must make every effort to meet the goals established | 2 | | by the Board pursuant to this Section. | 3 | | (c) Each licensed establishment, licensed truck stop | 4 | | establishment, licensed fraternal establishment, licensed | 5 | | veterans establishment, or terminal operator shall file with | 6 | | the Board an annual report of its utilization of minority owned | 7 | | businesses, female owned businesses, and businesses owned by | 8 | | persons with disabilities during the preceding calendar year. | 9 | | The reports shall include a self-evaluation of the efforts of | 10 | | the licensed establishment, licensed truck stop establishment, | 11 | | licensed fraternal establishment, licensed veterans | 12 | | establishment, or terminal operator to meet its goals under | 13 | | this Section. | 14 | | (d) The licensed establishment, licensed truck stop | 15 | | establishment, licensed fraternal establishment, licensed | 16 | | veterans establishment, or terminal operator shall have the | 17 | | right to request a waiver from the requirements of this | 18 | | Section. The Board shall grant the waiver where the licensed | 19 | | establishment, licensed truck stop establishment, licensed | 20 | | fraternal establishment, licensed veterans establishment, or | 21 | | terminal operator demonstrates that there has been made a good | 22 | | faith effort to comply with the goals for participation by | 23 | | minority owned businesses, female
owned businesses, and | 24 | | businesses owned by persons with
disabilities. | 25 | | (e) If the Board determines that its goals and policies are | 26 | | not being met by any licensed establishment, licensed truck |
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| 1 | | stop establishment, licensed fraternal establishment, licensed | 2 | | veterans establishment, or terminal operator, then the Board | 3 | | may: | 4 | | (1) adopt remedies for such violations, which may | 5 | | include revocation of the license; and | 6 | | (2) recommend that the licensed establishment, | 7 | | licensed truck stop establishment, licensed fraternal | 8 | | establishment, licensed veterans establishment, or | 9 | | terminal operator provide additional opportunities for | 10 | | participation by minority owned businesses, female owned | 11 | | businesses, and businesses owned by persons with | 12 | | disabilities; such recommendations may include, but shall | 13 | | not be limited to: | 14 | | (A) assurances of stronger and better focused
| 15 | | solicitation efforts to obtain more minority owned | 16 | | businesses, female owned businesses, and businesses | 17 | | owned by persons with disabilities as potential | 18 | | sources of supply; | 19 | | (B) division of job or project requirements, when
| 20 | | economically feasible, into tasks or quantities to | 21 | | permit participation of minority owned businesses, | 22 | | female owned businesses, and businesses owned by | 23 | | persons with disabilities; | 24 | | (C) elimination of extended experience or
| 25 | | capitalization requirements, when programmatically | 26 | | feasible, to permit participation of minority owned |
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| 1 | | businesses, female owned businesses, and businesses | 2 | | owned by persons with disabilities; | 3 | | (D) identification of specific proposed contracts | 4 | | as
particularly attractive or appropriate for | 5 | | participation by minority owned businesses, female | 6 | | owned businesses, and businesses owned by persons with | 7 | | disabilities, such identification to result from and | 8 | | be coupled with the efforts of items (A) through (C);
| 9 | | and | 10 | | (E) implementation of regulations established
for | 11 | | the use of the sheltered market process. | 12 | | (f) The Board shall file, no later than March 1 of each | 13 | | year, an annual report that shall detail the level of | 14 | | achievement toward the goals specified in this Section over the | 15 | | 3 most recent fiscal years. The annual report shall include, | 16 | | but need not be limited to: | 17 | | (1) a summary detailing expenditures subject
to the | 18 | | goals, the actual goals specified, and the goals attained | 19 | | by each licensed establishment, licensed truck stop | 20 | | establishment, licensed fraternal establishment, licensed | 21 | | veterans establishment, or terminal operator; | 22 | | (2) a summary of the number of contracts awarded and
| 23 | | the average contract amount by each licensed | 24 | | establishment, licensed truck stop establishment, licensed | 25 | | fraternal establishment, licensed veterans establishment, | 26 | | or terminal operator; |
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| 1 | | (3) an analysis of the level of overall goal
| 2 | | achievement concerning purchases from minority owned | 3 | | businesses, female owned businesses, and businesses owned | 4 | | by persons with disabilities; | 5 | | (4) an analysis of the number of minority owned | 6 | | businesses, female owned businesses, and businesses owned | 7 | | by persons with disabilities that are certified under the | 8 | | program as well as the number of those businesses that | 9 | | received State procurement contracts; and | 10 | | (5) a summary of the number of contracts awarded to
| 11 | | businesses with annual gross sales of less than $1,000,000; | 12 | | of $1,000,000 or more, but less than $5,000,000; of | 13 | | $5,000,000 or more, but less than $10,000,000; and of | 14 | | $10,000,000 or more.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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