Bill Amendment: IL SB2357 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: GAMING-FUNDS

Status: 2016-08-25 - Public Act . . . . . . . . . 99-0891 [SB2357 Detail]

Download: Illinois-2015-SB2357-House_Amendment_002.html

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Rep. Ed Sullivan

Filed: 5/27/2016

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AMENDMENT TO SENATE BILL 2357
AMENDMENT NO. ______. Amend Senate Bill 2357, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Illinois Horse Racing Act of 1975 is
amended by changing Section 12.2 as follows:
(230 ILCS 5/12.2)
Sec. 12.2. Business enterprise program.
(a) For the purposes of this Section, the terms "minority",
"minority owned business", "female", "female owned business",
"person with a disability", and "business owned by a person
with a disability" have the meanings ascribed to them in the
Business Enterprise for Minorities, Females, and Persons with
Disabilities Act.
(b) The Board shall, by rule, establish goals for the award
of contracts by each organization licensee or inter-track

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

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licensee shall have the right to request a waiver from the
requirements of this Section. The Board shall grant the waiver
where the organization licensee or inter-track wagering
licensee demonstrates that there has been made a good faith
effort to comply with the goals for participation by minority
owned businesses, female owned businesses, and businesses
owned by persons with disabilities.
(e) If the Board determines that its goals and policies are
not being met by any organization licensee or inter-track
wagering licensee, then the Board may:
(1) adopt remedies for such violations; and
(2) recommend that the organization licensee or
inter-track wagering licensee provide additional
opportunities for participation by minority owned
businesses, female owned businesses, and businesses owned
by persons with disabilities; such recommendations may
include, but shall not be limited to:
(A) assurances of stronger and better focused
solicitation efforts to obtain more minority owned
businesses, female owned businesses, and businesses
owned by persons with disabilities as potential
sources of supply;
(B) division of job or project requirements, when
economically feasible, into tasks or quantities to
permit participation of minority owned businesses,
female owned businesses, and businesses owned by

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persons with disabilities;
(C) elimination of extended experience or
capitalization requirements, when programmatically
feasible, to permit participation of minority owned
businesses, female owned businesses, and businesses
owned by persons with disabilities;
(D) identification of specific proposed contracts
as particularly attractive or appropriate for
participation by minority owned businesses, female
owned businesses, and businesses owned by persons with
disabilities, such identification to result from and
be coupled with the efforts of items (A) through (C);
and
(E) implementation of regulations established for
the use of the sheltered market process.
(f) The Board shall file, no later than March 1 of each
year, an annual report that shall detail the level of
achievement toward the goals specified in this Section over the
3 most recent fiscal years. The annual report shall include,
but need not be limited to:
(1) a summary detailing expenditures subject to the
goals, the actual goals specified, and the goals attained
by each organization licensee or inter-track wagering
licensee;
(2) a summary of the number of contracts awarded and
the average contract amount by each organization licensee

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or inter-track wagering licensee;
(3) an analysis of the level of overall goal
achievement concerning purchases from minority owned
businesses, female owned businesses, and businesses owned
by persons with disabilities;
(4) an analysis of the number of minority owned
businesses, female owned businesses, and businesses owned
by persons with disabilities that are certified under the
program as well as the number of those businesses that
received State procurement contracts; and
(5) (blank) a summary of the number of contracts
awarded to businesses with annual gross sales of less than
$1,000,000; of $1,000,000 or more, but less than
$5,000,000; of $5,000,000 or more, but less than
$10,000,000; and of $10,000,000 or more.
(Source: P.A. 98-490, eff. 8-16-13; 99-78, eff. 7-20-15.)".