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
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Horse Racing Act of 1975 is
5amended 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
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,

 

 

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

 

 

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1requirements of this Section. The Board shall grant the waiver
2where the organization licensee or inter-track wagering
3licensee demonstrates that there has been made a good faith
4effort to comply with the goals for participation by minority
5owned businesses, female owned businesses, and businesses
6owned by persons with disabilities.
7    (e) If the Board determines that its goals and policies are
8not being met by any organization licensee or inter-track
9wagering 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
16year, an annual report that shall detail the level of
17achievement toward the goals specified in this Section over the
183 most recent fiscal years. The annual report shall include,
19but 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.)".