Full Text of SB2357 99th General Assembly
SB2357ham002 99TH GENERAL ASSEMBLY | Rep. Ed Sullivan Filed: 5/27/2016
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| 1 | | AMENDMENT TO SENATE BILL 2357
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2357, 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 changing Section 12.2 as follows: | 7 | | (230 ILCS 5/12.2) | 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 meanings 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 | | or a limited number of suppliers licensed by the Board; (3) the | 15 | | licensee or its parent company owns a company that provides the | 16 | | goods or services; or (4) the goods or services are provided to | 17 | | the licensee by a 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) (blank) a summary of the number of contracts | 12 | | awarded to
businesses with annual gross sales of less than | 13 | | $1,000,000; of $1,000,000 or more, but less than | 14 | | $5,000,000; of $5,000,000 or more, but less than | 15 | | $10,000,000; and of $10,000,000 or more .
| 16 | | (Source: P.A. 98-490, eff. 8-16-13; 99-78, eff. 7-20-15.)".
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