SB2357 EnrolledLRB099 15795 MLM 40104 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Horse Racing Act of 1975 is amended
5by 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
11with a disability" have the meanings 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 or inter-track
16wagering licensee to businesses owned by minorities, females,
17and persons with disabilities, expressed as percentages of an
18organization licensee's or inter-track wagering licensee's
19total dollar amount of contracts awarded during each calendar
20year. Each organization licensee or inter-track wagering
21licensee must make every effort to meet the goals established
22by the Board pursuant to this Section. When setting the goals
23for the award of contracts, the Board shall not include

 

 

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1contracts where: (1) licensees are purchasing goods or services
2from vendors or suppliers or in markets where there are no or a
3limited number of minority owned businesses, women owned
4businesses, or businesses owned by persons with disabilities
5that would be sufficient to satisfy the goal; (2) there are no
6or a limited number of suppliers licensed by the Board; (3) the
7licensee or its parent company owns a company that provides the
8goods or services; or (4) the goods or services are provided to
9the licensee by a publicly traded company.
10    (c) Each organization licensee or inter-track wagering
11licensee shall file with the Board an annual report of its
12utilization of minority owned businesses, female owned
13businesses, and businesses owned by persons with disabilities
14during the preceding calendar year. The reports shall include a
15self-evaluation of the efforts of the organization licensee or
16inter-track wagering licensee to meet its goals under this
17Section.
18    (d) The organization licensee or inter-track wagering
19licensee shall have the right to request a waiver from the
20requirements of this Section. The Board shall grant the waiver
21where the organization licensee or inter-track wagering
22licensee demonstrates that there has been made a good faith
23effort to comply with the goals for participation by minority
24owned businesses, female owned businesses, and businesses
25owned by persons with disabilities.
26    (e) If the Board determines that its goals and policies are

 

 

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1not being met by any organization licensee or inter-track
2wagering licensee, then the Board may:
3        (1) adopt remedies for such violations; and
4        (2) recommend that the organization licensee or
5    inter-track wagering licensee provide additional
6    opportunities for participation by minority owned
7    businesses, female owned businesses, and businesses owned
8    by persons with disabilities; such recommendations may
9    include, but shall not be limited to:
10            (A) assurances of stronger and better focused
11        solicitation efforts to obtain more minority owned
12        businesses, female owned businesses, and businesses
13        owned by persons with disabilities as potential
14        sources of supply;
15            (B) division of job or project requirements, when
16        economically feasible, into tasks or quantities to
17        permit participation of minority owned businesses,
18        female owned businesses, and businesses owned by
19        persons with disabilities;
20            (C) elimination of extended experience or
21        capitalization requirements, when programmatically
22        feasible, to permit participation of minority owned
23        businesses, female owned businesses, and businesses
24        owned by persons with disabilities;
25            (D) identification of specific proposed contracts
26        as particularly attractive or appropriate for

 

 

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1        participation by minority owned businesses, female
2        owned businesses, and businesses owned by persons with
3        disabilities, such identification to result from and
4        be coupled with the efforts of items (A) through (C);
5        and
6            (E) implementation of regulations established for
7        the use of the sheltered market process.
8    (f) The Board shall file, no later than March 1 of each
9year, an annual report that shall detail the level of
10achievement toward the goals specified in this Section over the
113 most recent fiscal years. The annual report shall include,
12but need not be limited to:
13        (1) a summary detailing expenditures subject to the
14    goals, the actual goals specified, and the goals attained
15    by each organization licensee or inter-track wagering
16    licensee;
17        (2) a summary of the number of contracts awarded and
18    the average contract amount by each organization licensee
19    or inter-track wagering licensee;
20        (3) an analysis of the level of overall goal
21    achievement concerning purchases from minority owned
22    businesses, female owned businesses, and businesses owned
23    by persons with disabilities;
24        (4) an analysis of the number of minority owned
25    businesses, female owned businesses, and businesses owned
26    by persons with disabilities that are certified under the

 

 

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1    program as well as the number of those businesses that
2    received State procurement contracts; and
3        (5) (blank) a summary of the number of contracts
4    awarded to businesses with annual gross sales of less than
5    $1,000,000; of $1,000,000 or more, but less than
6    $5,000,000; of $5,000,000 or more, but less than
7    $10,000,000; and of $10,000,000 or more.
8(Source: P.A. 98-490, eff. 8-16-13; 99-78, eff. 7-20-15.)