Full Text of SB1354 98th General Assembly
SB1354sam001 98TH GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 3/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1354
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1354 by replacing | 3 | | line 6 on page 1 through line 9 on page 5 with the following: | 4 | | "(230 ILCS 5/12.2 new) | 5 | | Sec. 12.2. Business enterprise program. | 6 | | (a) For the purposes of this Section, the terms "minority", | 7 | | "minority owned business", "female", "female owned business", | 8 | | "person with a disability", and "business owned by a person | 9 | | with a disability" have the meaning ascribed to them in the | 10 | | Business Enterprise for Minorities, Females, and Persons with | 11 | | Disabilities Act. | 12 | | (b) The Board shall, by rule, establish goals for the award | 13 | | of contracts by each organization licensee or inter-track | 14 | | wagering licensee to businesses owned by minorities, females, | 15 | | and persons with disabilities, expressed as percentages of an | 16 | | organization licensee's or inter-track wagering licensee's | 17 | | total dollar amount of contracts awarded during each calendar |
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| 1 | | year. Each organization licensee or inter-track wagering | 2 | | licensee must make every effort to meet the goals established | 3 | | by the Board pursuant to this Section. When setting the goals | 4 | | for the award of contracts, the Board shall not include | 5 | | contracts where: (1) licensees are purchasing goods or services | 6 | | from vendors or suppliers or in markets where there are no or a | 7 | | limited number of minority owned businesses, women owned | 8 | | businesses, or businesses owned by persons with disabilities | 9 | | that would be sufficient to satisfy the goal; (2) there are no | 10 | | suppliers licensed by the Board; (3) the licensee or its parent | 11 | | company owns a company that provides the goods or services; or | 12 | | (4) the goods or services are provided to the licensee by a | 13 | | publicly traded company. | 14 | | (c) Each organization licensee or inter-track wagering | 15 | | licensee shall file with the Board an annual report of its | 16 | | utilization of minority owned businesses, female owned | 17 | | businesses, and businesses owned by persons with disabilities | 18 | | during the preceding calendar year. The reports shall include a | 19 | | self-evaluation of the efforts of the organization licensee or | 20 | | inter-track wagering licensee to meet its goals under this | 21 | | Section. | 22 | | (d) The organization licensee or inter-track wagering
| 23 | | licensee shall have the right to request a waiver from the | 24 | | requirements of this Section. The Board shall grant the waiver | 25 | | where the organization licensee or inter-track wagering
| 26 | | licensee demonstrates that there has been made a good faith |
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| 1 | | effort to comply with the goals for participation by minority | 2 | | owned businesses, female
owned businesses, and businesses | 3 | | owned by persons with
disabilities. | 4 | | (e) If the Board determines that its goals and policies are | 5 | | not being met by any organization licensee or inter-track | 6 | | wagering licensee, then the Board may: | 7 | | (1) adopt remedies for such violations; and | 8 | | (2) recommend that the organization licensee or | 9 | | inter-track wagering licensee provide additional | 10 | | opportunities for participation by minority owned | 11 | | businesses, female owned businesses, and businesses owned | 12 | | by persons with disabilities; such recommendations may | 13 | | include, but shall 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 organization licensee or inter-track wagering | 20 | | licensee; | 21 | | (2) a summary of the number of contracts awarded and
| 22 | | the average contract amount by each organization licensee | 23 | | or inter-track wagering licensee; | 24 | | (3) an analysis of the level of overall goal
| 25 | | achievement concerning purchases from minority owned | 26 | | businesses, female owned businesses, and businesses owned |
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| 1 | | by persons with disabilities; | 2 | | (4) an analysis of the number of minority owned | 3 | | businesses, female owned businesses, and businesses owned | 4 | | by persons with disabilities that are certified under the | 5 | | program as well as the number of those businesses that | 6 | | received State procurement contracts; and | 7 | | (5) a summary of the number of contracts awarded to
| 8 | | businesses with annual gross sales of less than $1,000,000; | 9 | | of $1,000,000 or more, but less than $5,000,000; of | 10 | | $5,000,000 or more, but less than $10,000,000; and of | 11 | | $10,000,000 or more. "; and | 12 | | on page 6, line 2, after the period, by inserting " When setting | 13 | | the goals for the award of contracts, the Board shall not | 14 | | include contracts where: (1) licensees are purchasing goods or | 15 | | services from vendors or suppliers or in markets where there | 16 | | are no or a limited number of minority owned businesses, women | 17 | | owned businesses, or businesses owned by persons with | 18 | | disabilities that would be sufficient to satisfy the goal; (2) | 19 | | there are no licensed suppliers as defined by this Act for the | 20 | | goods or services provided to the licensee; (3) the licensee or | 21 | | its parent company owns a company that provides the goods or | 22 | | services; or (4) the goods or services are provided to the | 23 | | licensee by a publicly traded company. "; and | 24 | | on page 9, line 17, after the period, by inserting " When |
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| 1 | | setting the goals for the award of contracts, the Board shall | 2 | | not include contracts where: (1) licensees are purchasing goods | 3 | | or services from vendors or suppliers or in markets where there | 4 | | are no or a limited number of minority owned businesses, women | 5 | | owned businesses, or businesses owned by persons with | 6 | | disabilities that would be sufficient to satisfy the goal; (2) | 7 | | the licensee or its parent company owns a company that provides | 8 | | goods or services; or (3) the goods and services are provided | 9 | | to the license by a publicly traded company. ".
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