Sen. Martin A. Sandoval

Filed: 4/10/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1354

2    AMENDMENT NO. ______. Amend Senate Bill 1354, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Horse Racing Act of 1975 is
6amended 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
12with a disability" have the meaning ascribed to them in the
13Business Enterprise for Minorities, Females, and Persons with
14Disabilities Act.
15    (b) The Board shall, by rule, establish goals for the award
16of contracts by each organization licensee or inter-track

 

 

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1wagering licensee to businesses owned by minorities, females,
2and persons with disabilities, expressed as percentages of an
3organization licensee's or inter-track wagering licensee's
4total dollar amount of contracts awarded during each calendar
5year. Each organization licensee or inter-track wagering
6licensee must make every effort to meet the goals established
7by the Board pursuant to this Section. When setting the goals
8for the award of contracts, the Board shall not include
9contracts where: (1) licensees are purchasing goods or services
10from vendors or suppliers or in markets where there are no or a
11limited number of minority owned businesses, women owned
12businesses, or businesses owned by persons with disabilities
13that would be sufficient to satisfy the goal; (2) there are no
14or a limited number of suppliers licensed by the Board; (3) the
15licensee or its parent company owns a company that provides the
16goods or services; or (4) the goods or services are provided to
17the licensee by a publicly traded company.
18    (c) Each organization licensee or inter-track wagering
19licensee shall file with the Board an annual report of its
20utilization of minority owned businesses, female owned
21businesses, and businesses owned by persons with disabilities
22during the preceding calendar year. The reports shall include a
23self-evaluation of the efforts of the organization licensee or
24inter-track wagering licensee to meet its goals under this
25Section.
26    (d) The organization licensee or inter-track wagering

 

 

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1licensee shall have the right to request a waiver from the
2requirements of this Section. The Board shall grant the waiver
3where the organization licensee or inter-track wagering
4licensee demonstrates that there has been made a good faith
5effort to comply with the goals for participation by minority
6owned businesses, female owned businesses, and businesses
7owned by persons with disabilities.
8    (e) If the Board determines that its goals and policies are
9not being met by any organization licensee or inter-track
10wagering 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
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 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
17Section 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
23with a disability" have the meaning ascribed to them in the
24Business Enterprise for Minorities, Females, and Persons with

 

 

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1Disabilities Act.
2    (b) The Board shall, by rule, establish goals for the award
3of contracts by each owners licensee to businesses owned by
4minorities, females, and persons with disabilities, expressed
5as percentages of an owners licensee's total dollar amount of
6contracts awarded during each calendar year. Each owners
7licensee must make every effort to meet the goals established
8by the Board pursuant to this Section. When setting the goals
9for the award of contracts, the Board shall not include
10contracts where: (1) any purchasing mandates would be dependent
11upon the availability of minority owned businesses, female
12owned businesses, and businesses owned by persons with
13disabilities ready, willing, and able with capacity to provide
14quality goods and services to a gaming operation at reasonable
15prices; (2) there are no or a limited number of licensed
16suppliers as defined by this Act for the goods or services
17provided to the licensee; (3) the licensee or its parent
18company owns a company that provides the goods or services; or
19(4) the goods or services are provided to the licensee by a
20publicly traded company.
21    (c) Each owners licensee shall file with the Board an
22annual report of its utilization of minority owned businesses,
23female owned businesses, and businesses owned by persons with
24disabilities during the preceding calendar year. The reports
25shall include a self-evaluation of the efforts of the owners
26licensee to meet its goals under this Section.

 

 

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1    (d) The owners licensee shall have the right to request a
2waiver from the requirements of this Section. The Board shall
3grant the waiver where the owners licensee demonstrates that
4there has been made a good faith effort to comply with the
5goals for participation by minority owned businesses, female
6owned businesses, and businesses owned by persons with
7disabilities.
8    (e) If the Board determines that its goals and policies are
9not being met by any owners licensee, then the Board may:
10        (1) adopt remedies for such violations; and
11        (2) recommend that the owners licensee provide
12    additional opportunities for participation by minority
13    owned businesses, female owned businesses, and businesses
14    owned by persons with disabilities; such recommendations
15    may include, but shall not be limited to:
16            (A) assurances of stronger and better focused
17        solicitation efforts to obtain more minority owned
18        businesses, female owned businesses, and businesses
19        owned by persons with disabilities as potential
20        sources of supply;
21            (B) division of job or project requirements, when
22        economically feasible, into tasks or quantities to
23        permit participation of minority owned businesses,
24        female owned businesses, and businesses owned by
25        persons with disabilities;
26            (C) elimination of extended experience or

 

 

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1        capitalization requirements, when programmatically
2        feasible, to permit participation of minority owned
3        businesses, female owned businesses, and businesses
4        owned by persons with disabilities;
5            (D) identification of specific proposed contracts
6        as particularly attractive or appropriate for
7        participation by minority owned businesses, female
8        owned businesses, and businesses owned by persons with
9        disabilities, such identification to result from and
10        be coupled with the efforts of items (A) through (C);
11        and
12            (E) implementation of regulations established for
13        the use of the sheltered market process.
14    (f) The Board shall file, no later than March 1 of each
15year, an annual report that shall detail the level of
16achievement toward the goals specified in this Section over the
173 most recent fiscal years. The annual report shall include,
18but need not be limited to:
19        (1) a summary detailing expenditures subject to the
20    goals, the actual goals specified, and the goals attained
21    by each owners licensee; and
22        (2) an analysis of the level of overall goal
23    achievement concerning purchases from minority owned
24    businesses, female owned businesses, and businesses owned
25    by persons with disabilities.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".