Full Text of SB2357 99th General Assembly
SB2357ham001 99TH GENERAL ASSEMBLY | Rep. Ed Sullivan Filed: 5/17/2016
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| 1 | | AMENDMENT TO SENATE BILL 2357
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2357 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 changing Section 12.2 as follows: | 6 | | (230 ILCS 5/12.2) | 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 meanings 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 or inter-track | 16 | | wagering licensee to businesses owned by minorities, females, |
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| 1 | | and persons with disabilities, expressed as percentages of an | 2 | | organization licensee's or inter-track wagering licensee's | 3 | | total dollar amount of contracts awarded during each calendar | 4 | | year. Each organization licensee or inter-track wagering | 5 | | licensee must make every effort to meet the goals established | 6 | | by the Board pursuant to this Section. When setting the goals | 7 | | for the award of contracts, the Board shall not include | 8 | | contracts where: (1) licensees are purchasing goods or services | 9 | | from vendors or suppliers or in markets where there are no or a | 10 | | limited number of minority owned businesses, women owned | 11 | | businesses, or businesses owned by persons with disabilities | 12 | | that would be sufficient to satisfy the goal; (2) there are no | 13 | | or a limited number of suppliers licensed by the Board; (3) the | 14 | | licensee or its parent company owns a company that provides the | 15 | | goods or services; or (4) the goods or services are provided to | 16 | | the licensee by a publicly traded company. | 17 | | (c) Each organization licensee or inter-track wagering | 18 | | licensee shall file with the Board an annual report of its | 19 | | utilization of minority owned businesses, female owned | 20 | | businesses, and businesses owned by persons with disabilities | 21 | | during the preceding calendar year. The reports shall include a | 22 | | self-evaluation of the efforts of the organization licensee or | 23 | | inter-track wagering licensee to meet its goals under this | 24 | | Section. | 25 | | (d) The organization licensee or inter-track wagering
| 26 | | licensee shall have the right to request a waiver from the |
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| 1 | | requirements of this Section. The Board shall grant the waiver | 2 | | where the organization licensee or inter-track wagering
| 3 | | licensee demonstrates that there has been made a good faith | 4 | | effort to comply with the goals for participation by minority | 5 | | owned businesses, female
owned businesses, and businesses | 6 | | owned by persons with
disabilities. | 7 | | (e) If the Board determines that its goals and policies are | 8 | | not being met by any organization licensee or inter-track | 9 | | wagering licensee, then the Board may: | 10 | | (1) adopt remedies for such violations; and | 11 | | (2) recommend that the organization licensee or | 12 | | inter-track wagering licensee provide additional | 13 | | opportunities for participation by minority owned | 14 | | businesses, female owned businesses, and businesses owned | 15 | | by persons with disabilities; such recommendations may | 16 | | include, but shall not be limited to: | 17 | | (A) assurances of stronger and better focused
| 18 | | solicitation efforts to obtain more minority owned | 19 | | businesses, female owned businesses, and businesses | 20 | | owned by persons with disabilities as potential | 21 | | sources of supply; | 22 | | (B) division of job or project requirements, when
| 23 | | economically feasible, into tasks or quantities to | 24 | | permit participation of minority owned businesses, | 25 | | female owned businesses, and businesses owned by | 26 | | persons with disabilities; |
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| 1 | | (C) elimination of extended experience or
| 2 | | capitalization requirements, when programmatically | 3 | | feasible, to permit participation of minority owned | 4 | | businesses, female owned businesses, and businesses | 5 | | owned by persons with disabilities; | 6 | | (D) identification of specific proposed contracts | 7 | | as
particularly attractive or appropriate for | 8 | | participation by minority owned businesses, female | 9 | | owned businesses, and businesses owned by persons with | 10 | | disabilities, such identification to result from and | 11 | | be coupled with the efforts of items (A) through (C);
| 12 | | and | 13 | | (E) implementation of regulations established
for | 14 | | the use of the sheltered market process. | 15 | | (f) The Board shall file, no later than March 1 of each | 16 | | year, an annual report that shall detail the level of | 17 | | achievement toward the goals specified in this Section over the | 18 | | 3 most recent fiscal years. The annual report shall include, | 19 | | but need not be limited to: | 20 | | (1) a summary detailing expenditures subject
to the | 21 | | goals, the actual goals specified, and the goals attained | 22 | | by each organization licensee or inter-track wagering | 23 | | licensee; | 24 | | (2) (blank) a summary of the number of contracts | 25 | | awarded and
the average contract amount by each | 26 | | organization licensee or inter-track wagering licensee ; |
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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) (blank) 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) (blank) a summary of the number of contracts | 11 | | awarded to
businesses with annual gross sales of less than | 12 | | $1,000,000; of $1,000,000 or more, but less than | 13 | | $5,000,000; of $5,000,000 or more, but less than | 14 | | $10,000,000; and of $10,000,000 or more .
| 15 | | (Source: P.A. 98-490, eff. 8-16-13; 99-78, eff. 7-20-15.)".
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