Rep. William Davis

Filed: 2/23/2012

 

 


 

 


 
09700HB4466ham002LRB097 16029 AMC 66371 a

1
AMENDMENT TO HOUSE BILL 4466

2    AMENDMENT NO. ______. Amend House Bill 4466 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Horse Racing Act of 1975 is
5amended 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
11with a disability" have the meaning ascribed to them in the
12Business Enterprise for Minorities, Females, and Persons with
13Disabilities Act.
14    (b) The Board shall, by rule, establish goals for the award
15of contracts by each organization licensee, inter-track
16wagering licensee, inter-track wagering location licensee, or

 

 

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1advance deposit wagering licensee to businesses owned by
2minorities, females, and persons with disabilities, expressed
3as percentages of an organization licensee's, inter-track
4wagering licensee's, inter-track wagering location licensee's,
5or advance deposit wagering licensee's total dollar amount of
6contracts awarded during each calendar year. Each organization
7licensee, inter-track wagering licensee, inter-track wagering
8location licensee, or advance deposit wagering licensee must
9make every effort to meet the goals established by the Board
10pursuant to this Section.
11    (c) Each organization licensee, inter-track wagering
12licensee, inter-track wagering location licensee, or advance
13deposit wagering licensee shall file with the Board an annual
14report of its utilization of minority owned businesses, female
15owned businesses, and businesses owned by persons with
16disabilities during the preceding calendar year. The reports
17shall include a self-evaluation of the efforts of the
18organization licensee, inter-track wagering licensee,
19inter-track wagering location licensee, or advance deposit
20wagering licensee to meet its goals under this Section.
21    (d) The organization licensee, inter-track wagering
22licensee, inter-track wagering location licensee, or advance
23deposit wagering licensee shall have the right to request a
24waiver from the requirements of this Section. The Board shall
25grant the waiver where the organization licensee, inter-track
26wagering licensee, inter-track wagering location licensee, or

 

 

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1advance deposit wagering licensee demonstrates that there has
2been made a good faith effort to comply with the goals for
3participation by minority owned businesses, female owned
4businesses, and businesses owned by persons with disabilities.
5    (e) If the Board determines that its goals and policies are
6not being met by any organization licensee, inter-track
7wagering licensee, inter-track wagering location licensee, or
8advance 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
17year, an annual report that shall detail the level of
18achievement toward the goals specified in this Section over the
193 most recent fiscal years. The annual report shall include,
20but 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

 

 

09700HB4466ham002- 5 -LRB097 16029 AMC 66371 a

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
19Section 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

 

 

09700HB4466ham002- 6 -LRB097 16029 AMC 66371 a

1with a disability" have the meaning ascribed to them in the
2Business Enterprise for Minorities, Females, and Persons with
3Disabilities Act.
4    (b) The Board shall, by rule, establish goals for the award
5of contracts by each owners licensee to businesses owned by
6minorities, females, and persons with disabilities, expressed
7as percentages of an owners licensee's total dollar amount of
8contracts awarded during each calendar year. Each owners
9licensee must make every effort to meet the goals established
10by the Board pursuant to this Section.
11    (c) Each owners licensee shall file with the Board an
12annual report of its utilization of minority owned businesses,
13female owned businesses, and businesses owned by persons with
14disabilities during the preceding calendar year. The reports
15shall include a self-evaluation of the efforts of the owners
16licensee to meet its goals under this Section.
17    (d) The owners licensee shall have the right to request a
18waiver from the requirements of this Section. The Board shall
19grant the waiver where the owners licensee demonstrates that
20there has been made a good faith effort to comply with the
21goals for participation by minority owned businesses, female
22owned businesses, and businesses owned by persons with
23disabilities.
24    (e) If the Board determines that its goals and policies are
25not 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
6year, an annual report that shall detail the level of
7achievement toward the goals specified in this Section over the
83 most recent fiscal years. The annual report shall include,
9but 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
4Section 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
10with a disability" have the meaning ascribed to them in the
11Business Enterprise for Minorities, Females, and Persons with
12Disabilities Act.
13    (b) The Board shall, by rule, establish goals for the award
14of contracts by each licensed establishment, licensed truck
15stop establishment, licensed fraternal establishment, licensed
16veterans establishment, or terminal operator to businesses
17owned by minorities, females, and persons with disabilities,
18expressed as percentages of a licensed establishment's,
19licensed truck stop establishment's, licensed fraternal
20establishment's, licensed veterans establishment's, or
21terminal operator's total dollar amount of contracts awarded
22during each calendar year. Each licensed establishment,
23licensed truck stop establishment, licensed fraternal
24establishment, licensed veterans establishment, or terminal

 

 

09700HB4466ham002- 10 -LRB097 16029 AMC 66371 a

1operator must make every effort to meet the goals established
2by the Board pursuant to this Section.
3    (c) Each licensed establishment, licensed truck stop
4establishment, licensed fraternal establishment, licensed
5veterans establishment, or terminal operator shall file with
6the Board an annual report of its utilization of minority owned
7businesses, female owned businesses, and businesses owned by
8persons with disabilities during the preceding calendar year.
9The reports shall include a self-evaluation of the efforts of
10the licensed establishment, licensed truck stop establishment,
11licensed fraternal establishment, licensed veterans
12establishment, or terminal operator to meet its goals under
13this Section.
14    (d) The licensed establishment, licensed truck stop
15establishment, licensed fraternal establishment, licensed
16veterans establishment, or terminal operator shall have the
17right to request a waiver from the requirements of this
18Section. The Board shall grant the waiver where the licensed
19establishment, licensed truck stop establishment, licensed
20fraternal establishment, licensed veterans establishment, or
21terminal operator demonstrates that there has been made a good
22faith effort to comply with the goals for participation by
23minority owned businesses, female owned businesses, and
24businesses owned by persons with disabilities.
25    (e) If the Board determines that its goals and policies are
26not being met by any licensed establishment, licensed truck

 

 

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1stop establishment, licensed fraternal establishment, licensed
2veterans establishment, or terminal operator, then the Board
3may:
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
13year, an annual report that shall detail the level of
14achievement toward the goals specified in this Section over the
153 most recent fiscal years. The annual report shall include,
16but 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
16becoming law.".