Full Text of SB1354 98th General Assembly
SB1354sam002 98TH GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 3/26/2013
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| 1 | | AMENDMENT TO SENATE BILL 1354
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1354, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Horse Racing Act of 1975 is | 6 | | amended by adding Section 12.2 as follows: | 7 | | (230 ILCS 5/12.2 new) | 8 | | Sec. 12.2. Business enterprise program. | 9 | | (a) For the purposes of this Section, the terms "minority", | 10 | | "minority owned business", "female", "female owned business", | 11 | | "person with a disability", and "business owned by a person | 12 | | with a disability" have the meaning ascribed to them in the | 13 | | Business Enterprise for Minorities, Females, and Persons with | 14 | | Disabilities Act. | 15 | | (b) The Board shall, by rule, establish goals for the award | 16 | | of contracts by each organization licensee or inter-track |
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| 1 | | wagering licensee to businesses owned by minorities, females, | 2 | | and persons with disabilities, expressed as percentages of an | 3 | | organization licensee's or inter-track wagering licensee's | 4 | | total dollar amount of contracts awarded during each calendar | 5 | | year. Each organization licensee or inter-track wagering | 6 | | licensee must make every effort to meet the goals established | 7 | | by the Board pursuant to this Section. When setting the goals | 8 | | for the award of contracts, the Board shall not include | 9 | | contracts where: (1) licensees are purchasing goods or services | 10 | | from vendors or suppliers or in markets where there are no or a | 11 | | limited number of minority owned businesses, women owned | 12 | | businesses, or businesses owned by persons with disabilities | 13 | | that would be sufficient to satisfy the goal; (2) there are no | 14 | | suppliers licensed by the Board; (3) the licensee or its parent | 15 | | company owns a company that provides the goods or services; or | 16 | | (4) the goods or services are provided to the licensee by a | 17 | | publicly traded company. | 18 | | (c) Each organization licensee or inter-track wagering | 19 | | licensee shall file with the Board an annual report of its | 20 | | utilization of minority owned businesses, female owned | 21 | | businesses, and businesses owned by persons with disabilities | 22 | | during the preceding calendar year. The reports shall include a | 23 | | self-evaluation of the efforts of the organization licensee or | 24 | | inter-track wagering licensee to meet its goals under this | 25 | | Section. | 26 | | (d) The organization licensee or inter-track wagering
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| 1 | | licensee shall have the right to request a waiver from the | 2 | | requirements of this Section. The Board shall grant the waiver | 3 | | where the organization licensee or inter-track wagering
| 4 | | licensee demonstrates that there has been made a good faith | 5 | | effort to comply with the goals for participation by minority | 6 | | owned businesses, female
owned businesses, and businesses | 7 | | owned by persons with
disabilities. | 8 | | (e) If the Board determines that its goals and policies are | 9 | | not being met by any organization licensee or inter-track | 10 | | wagering licensee, then the Board may: | 11 | | (1) adopt remedies for such violations; and | 12 | | (2) recommend that the organization licensee or | 13 | | inter-track wagering licensee provide additional | 14 | | opportunities for participation by minority owned | 15 | | businesses, female owned businesses, and businesses owned | 16 | | by persons with disabilities; such recommendations may | 17 | | 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 or inter-track wagering | 24 | | licensee; | 25 | | (2) a summary of the number of contracts awarded and
| 26 | | the average contract amount by each organization licensee |
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| 1 | | or inter-track wagering licensee; | 2 | | (3) an analysis of the level of overall goal
| 3 | | achievement concerning purchases from minority owned | 4 | | businesses, female owned businesses, and businesses owned | 5 | | by persons with disabilities; | 6 | | (4) an analysis of the number of minority owned | 7 | | businesses, female owned businesses, and businesses owned | 8 | | by persons with disabilities that are certified under the | 9 | | program as well as the number of those businesses that | 10 | | received State procurement contracts; and | 11 | | (5) a summary of the number of contracts awarded to
| 12 | | businesses with annual gross sales of less than $1,000,000; | 13 | | of $1,000,000 or more, but less than $5,000,000; of | 14 | | $5,000,000 or more, but less than $10,000,000; and of | 15 | | $10,000,000 or more. | 16 | | Section 10. The Riverboat Gambling Act is amended by adding | 17 | | Section 7.6 as follows: | 18 | | (230 ILCS 10/7.6 new) | 19 | | Sec. 7.6. Business enterprise program. | 20 | | (a) For the purposes of this Section, the terms "minority", | 21 | | "minority owned business", "female", "female owned business", | 22 | | "person with a disability", and "business owned by a person | 23 | | with a disability" have the meaning ascribed to them in the | 24 | | Business Enterprise for Minorities, Females, and Persons with |
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| 1 | | Disabilities Act. | 2 | | (b) The Board shall, by rule, establish goals for the award | 3 | | of contracts by each owners licensee to businesses owned by | 4 | | minorities, females, and persons with disabilities, expressed | 5 | | as percentages of an owners licensee's total dollar amount of | 6 | | contracts awarded during each calendar year. Each owners | 7 | | licensee must make every effort to meet the goals established | 8 | | by the Board pursuant to this Section. When setting the goals | 9 | | for the award of contracts, the Board shall not include | 10 | | contracts where: (1) any purchasing mandates would be dependent | 11 | | upon the availability of minority owned businesses, female | 12 | | owned businesses, and businesses owned by persons with | 13 | | disabilities ready, willing, and able with capacity to provide | 14 | | quality goods and services to a gaming operation at reasonable | 15 | | prices; (2) there are no licensed suppliers as defined by this | 16 | | Act for the goods or services provided to the licensee; (3) the | 17 | | licensee or its parent company owns a company that provides the | 18 | | goods or services; or (4) the goods or services are provided to | 19 | | the licensee by a publicly traded company. | 20 | | (c) Each owners licensee shall file with the Board an | 21 | | annual report of its utilization of minority owned businesses, | 22 | | female owned businesses, and businesses owned by persons with | 23 | | disabilities during the preceding calendar year. The reports | 24 | | shall include a self-evaluation of the efforts of the owners | 25 | | licensee to meet its goals under this Section. | 26 | | (d) The owners licensee shall have the right to request a |
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| 1 | | waiver from the requirements of this Section. The Board shall | 2 | | grant the waiver where the owners licensee demonstrates that | 3 | | there has been made a good faith effort to comply with the | 4 | | goals for participation by minority owned businesses, female
| 5 | | owned businesses, and businesses owned by persons with
| 6 | | disabilities. | 7 | | (e) If the Board determines that its goals and policies are | 8 | | not being met by any owners licensee, then the Board may: | 9 | | (1) adopt remedies for such violations; and | 10 | | (2) recommend that the owners licensee provide | 11 | | additional opportunities for participation by minority | 12 | | owned businesses, female owned businesses, and businesses | 13 | | owned by persons with disabilities; such recommendations | 14 | | may include, but shall not be limited to: | 15 | | (A) assurances of stronger and better focused
| 16 | | solicitation efforts to obtain more minority owned | 17 | | businesses, female owned businesses, and businesses | 18 | | owned by persons with disabilities as potential | 19 | | sources of supply; | 20 | | (B) division of job or project requirements, when
| 21 | | economically feasible, into tasks or quantities to | 22 | | permit participation of minority owned businesses, | 23 | | female owned businesses, and businesses owned by | 24 | | persons with disabilities; | 25 | | (C) elimination of extended experience or
| 26 | | capitalization requirements, when programmatically |
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| 1 | | feasible, to permit participation of minority owned | 2 | | businesses, female owned businesses, and businesses | 3 | | owned by persons with disabilities; | 4 | | (D) identification of specific proposed contracts | 5 | | as
particularly attractive or appropriate for | 6 | | participation by minority owned businesses, female | 7 | | owned businesses, and businesses owned by persons with | 8 | | disabilities, such identification to result from and | 9 | | be coupled with the efforts of items (A) through (C);
| 10 | | and | 11 | | (E) implementation of regulations established
for | 12 | | the use of the sheltered market process. | 13 | | (f) The Board shall file, no later than March 1 of each | 14 | | year, an annual report that shall detail the level of | 15 | | achievement toward the goals specified in this Section over the | 16 | | 3 most recent fiscal years. The annual report shall include, | 17 | | but need not be limited to: | 18 | | (1) a summary detailing expenditures subject
to the | 19 | | goals, the actual goals specified, and the goals attained | 20 | | by each owners licensee; and | 21 | | (2) an analysis of the level of overall goal
| 22 | | achievement concerning purchases from minority owned | 23 | | businesses, female owned businesses, and businesses owned | 24 | | by persons with disabilities. | 25 | | Section 15. The Video Gaming
Act is amended by adding |
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| 1 | | Section 28 as follows: | 2 | | (230 ILCS 40/28 new) | 3 | | Sec. 28. Business enterprise program. | 4 | | (a) For the purposes of this Section, the terms "minority", | 5 | | "minority owned business", "female", "female owned business", | 6 | | "person with a disability", and "business owned by a person | 7 | | with a disability" have the meaning ascribed to them in the | 8 | | Business Enterprise for Minorities, Females, and Persons with | 9 | | Disabilities Act. | 10 | | (b) The Board shall, by rule, establish goals for the award | 11 | | of contracts by each licensed establishment, licensed | 12 | | fraternal establishment, licensed veterans establishment, or | 13 | | terminal operator to businesses owned by minorities, females, | 14 | | and persons with disabilities, expressed as percentages of a | 15 | | licensed establishment's, licensed fraternal establishment's, | 16 | | licensed veterans establishment's, or terminal operator's | 17 | | total dollar amount of contracts awarded during each calendar | 18 | | year. Each licensed establishment, licensed fraternal | 19 | | establishment, licensed veterans establishment, or terminal | 20 | | operator must make every effort to meet the goals established | 21 | | by the Board pursuant to this Section. When setting the goals | 22 | | for the award of contracts, the Board shall not include | 23 | | contracts where: (1) licensees are purchasing goods or services | 24 | | from vendors or suppliers or in markets where there are no or a | 25 | | limited number of minority owned businesses, women owned |
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| 1 | | businesses, or businesses owned by persons with disabilities | 2 | | that would be sufficient to satisfy the goal; (2) the licensee | 3 | | or its parent company owns a company that provides goods or | 4 | | services; or (3) the goods and services are provided to the | 5 | | license by a publicly traded company. | 6 | | (c) Each licensed establishment, licensed fraternal | 7 | | establishment, licensed veterans establishment, or terminal | 8 | | operator shall file with the Board an annual report of its | 9 | | utilization of minority owned businesses, female owned | 10 | | businesses, and businesses owned by persons with disabilities | 11 | | during the preceding calendar year. The reports shall include a | 12 | | self-evaluation of the efforts of the licensed establishment, | 13 | | licensed fraternal establishment, licensed veterans | 14 | | establishment, or terminal operator to meet its goals under | 15 | | this Section. | 16 | | (d) The licensed establishment, licensed fraternal | 17 | | establishment, licensed veterans establishment, or terminal | 18 | | operator shall have the right to request a waiver from the | 19 | | requirements of this Section. The Board shall grant the waiver | 20 | | where the licensed establishment, licensed fraternal | 21 | | establishment, licensed veterans establishment, or terminal | 22 | | operator demonstrates that there has been made a good faith | 23 | | effort to comply with the goals for participation by minority | 24 | | owned businesses, female
owned businesses, and businesses | 25 | | owned by persons with
disabilities. | 26 | | (e) If the Board determines that its goals and policies are |
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| 1 | | not being met by any licensed establishment, licensed fraternal | 2 | | establishment, licensed veterans establishment, or terminal | 3 | | operator, then the Board may: | 4 | | (1) adopt remedies for such violations; and | 5 | | (2) recommend that the licensed establishment, | 6 | | licensed fraternal establishment, licensed veterans | 7 | | establishment, or terminal operator provide additional | 8 | | opportunities for participation by minority owned | 9 | | businesses, female owned businesses, and businesses owned | 10 | | by persons with disabilities; such recommendations may | 11 | | include, but shall not be limited to: | 12 | | (A) assurances of stronger and better focused
| 13 | | solicitation efforts to obtain more minority owned | 14 | | businesses, female owned businesses, and businesses | 15 | | owned by persons with disabilities as potential | 16 | | sources of supply; | 17 | | (B) division of job or project requirements, when
| 18 | | economically feasible, into tasks or quantities to | 19 | | permit participation of minority owned businesses, | 20 | | female owned businesses, and businesses owned by | 21 | | persons with disabilities; | 22 | | (C) elimination of extended experience or
| 23 | | capitalization requirements, when programmatically | 24 | | feasible, to permit participation of minority owned | 25 | | businesses, female owned businesses, and businesses | 26 | | owned by persons with disabilities; |
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| 1 | | (D) identification of specific proposed contracts | 2 | | as
particularly attractive or appropriate for | 3 | | participation by minority owned businesses, female | 4 | | owned businesses, and businesses owned by persons with | 5 | | disabilities, such identification to result from and | 6 | | be coupled with the efforts of items (A) through (C);
| 7 | | and | 8 | | (E) implementation of regulations established
for | 9 | | the use of the sheltered market process. | 10 | | (f) The Board shall file, no later than March 1 of each | 11 | | year, an annual report that shall detail the level of | 12 | | achievement toward the goals specified in this Section over the | 13 | | 3 most recent fiscal years. The annual report shall include, | 14 | | but need not be limited to: | 15 | | (1) a summary detailing expenditures subject
to the | 16 | | goals, the actual goals specified, and the goals attained | 17 | | by each licensed establishment, licensed fraternal | 18 | | establishment, licensed veterans establishment, or | 19 | | terminal operator; | 20 | | (2) a summary of the number of contracts awarded and
| 21 | | the average contract amount by each licensed | 22 | | establishment, licensed fraternal establishment, licensed | 23 | | veterans establishment, or terminal operator; | 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.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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