Bill Text: IL SB1354 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Horse Racing Act of 1975, the Riverboat Gambling Act, and the Video Gaming Act. Requires licensees under the Acts to establish as a goal the award of not less than 20% of the total dollar amount of the licensee's contracts to minority owned businesses, female owned businesses, and businesses owned by persons with disabilities. Requires the licensees to file with the appropriate Board (i) an annual compliance plan, which shall outline the goals of the licensee for contracting with minority owned businesses, female owned businesses, and businesses owned by persons with disabilities for the calendar year, the manner in which the agency intends to reach these goals, and a timetable for reaching these goals and (ii) 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, which shall include a self-evaluation of the efforts of the owners licensee to meet its goals under this Section. Requires the Illinois Racing Board and the Illinois Gaming Board to file annual reports that shall detail the level of achievement toward the goals over the 3 most recent fiscal years. Effective immediately.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0490 [SB1354 Detail]

Download: Illinois-2013-SB1354-Amended.html

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Sen. Martin A. Sandoval

Filed: 3/15/2013

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AMENDMENT TO SENATE BILL 1354
AMENDMENT NO. ______. Amend Senate Bill 1354 by replacing
line 6 on page 1 through line 9 on page 5 with the following:
"(230 ILCS 5/12.2 new)
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 meaning 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
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

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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
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
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

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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
persons with disabilities;
(C) elimination of extended experience or
capitalization requirements, when programmatically
feasible, to permit participation of minority owned

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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
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

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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) 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."; and
on page 6, line 2, after the period, by inserting "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 licensed suppliers as defined by this Act for the
goods or services provided to the licensee; (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."; and
on page 9, line 17, after the period, by inserting "When

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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)
the licensee or its parent company owns a company that provides
goods or services; or (3) the goods and services are provided
to the license by a publicly traded company.".