Bill Text: IL SB1805 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Riverboat Gambling Act. Provides that, in determining whether to grant an owners license to an applicant, the Illinois Gaming Board shall consider the extent to which the ownership of the applicant includes veterans of service in the armed forces of the United States, and the good faith affirmative action plan of each applicant to recruit, train, and upgrade veterans of service in the armed forces of the United States in all employment classifications. Requires the Board, by rule, to establish goals for the award of contracts by each owners licensee to businesses owned by veterans of service in the armed forces of the United States, expressed as percentages of an owners licensee's total dollar amount of contracts awarded during each calendar year. Provides criteria for the Board to consider when setting the goals. Requires each owners licensee to file with the Board an annual report of its utilization of veteran-owned businesses during the preceding calendar year, which shall include a self-evaluation of the efforts of the owners licensee to meet the goals.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2019-01-09 - Session Sine Die [SB1805 Detail]
Download: Illinois-2017-SB1805-Engrossed.html
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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Riverboat Gambling Act is amended by | ||||||
5 | changing Sections 7 and 7.6 as follows:
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6 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
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7 | Sec. 7. Owners Licenses.
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8 | (a) The Board shall issue owners licenses to persons, firms | ||||||
9 | or
corporations which apply for such licenses upon payment to | ||||||
10 | the Board of the
non-refundable license fee set by the Board, | ||||||
11 | upon payment of a $25,000
license fee for the first year of | ||||||
12 | operation and a $5,000 license fee for
each succeeding year and | ||||||
13 | upon a determination by the Board that the
applicant is | ||||||
14 | eligible for an owners license pursuant to this Act and the
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15 | rules of the Board. From the effective date of this amendatory | ||||||
16 | Act of the 95th General Assembly until (i) 3 years after the | ||||||
17 | effective date of this amendatory Act of the 95th General | ||||||
18 | Assembly, (ii) the date any organization licensee begins to | ||||||
19 | operate a slot machine or video game of chance under the | ||||||
20 | Illinois Horse Racing Act of 1975 or this Act, (iii) the date | ||||||
21 | that payments begin under subsection (c-5) of Section 13 of the | ||||||
22 | Act, or (iv) the wagering tax imposed under Section 13 of this | ||||||
23 | Act is increased by law to reflect a tax rate that is at least |
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1 | as stringent or more stringent than the tax rate contained in | ||||||
2 | subsection (a-3) of Section 13, whichever occurs first, as a | ||||||
3 | condition of licensure and as an alternative source of payment | ||||||
4 | for those funds payable under subsection (c-5) of Section 13 of | ||||||
5 | the Riverboat Gambling Act, any owners licensee that holds or | ||||||
6 | receives its owners license on or after the effective date of | ||||||
7 | this amendatory Act of the 94th General Assembly, other than an | ||||||
8 | owners licensee operating a riverboat with adjusted gross | ||||||
9 | receipts in calendar year 2004 of less than $200,000,000, must | ||||||
10 | pay into the Horse Racing Equity Trust Fund, in addition to any | ||||||
11 | other payments required under this Act, an amount equal to 3% | ||||||
12 | of the adjusted gross receipts received by the owners licensee. | ||||||
13 | The payments required under this Section shall be made by the | ||||||
14 | owners licensee to the State Treasurer no later than 3:00 | ||||||
15 | o'clock p.m. of the day after the day when the adjusted gross | ||||||
16 | receipts were received by the owners licensee. A person, firm | ||||||
17 | or corporation is ineligible to receive
an owners license if:
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18 | (1) the person has been convicted of a felony under the | ||||||
19 | laws of this
State, any other state, or the United States;
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20 | (2) the person has been convicted of any violation of | ||||||
21 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
22 | Code of 2012, or substantially similar laws of any other | ||||||
23 | jurisdiction;
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24 | (3) the person has submitted an application for a | ||||||
25 | license under this
Act which contains false information;
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26 | (4) the person is
a member of the Board;
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1 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
2 | officer, director or
managerial employee of the firm or | ||||||
3 | corporation;
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4 | (6) the firm or corporation employs a person defined in | ||||||
5 | (1), (2), (3) or
(4) who participates in the management or | ||||||
6 | operation of gambling operations
authorized under this | ||||||
7 | Act;
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8 | (7) (blank); or
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9 | (8) a license of the person, firm or corporation issued | ||||||
10 | under
this Act, or a license to own or operate gambling | ||||||
11 | facilities
in any other jurisdiction, has been revoked.
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12 | The Board is expressly prohibited from making changes to | ||||||
13 | the requirement that licensees make payment into the Horse | ||||||
14 | Racing Equity Trust Fund without the express authority of the | ||||||
15 | Illinois General Assembly and making any other rule to | ||||||
16 | implement or interpret this amendatory Act of the 95th General | ||||||
17 | Assembly. For the purposes of this paragraph, "rules" is given | ||||||
18 | the meaning given to that term in Section 1-70 of the Illinois | ||||||
19 | Administrative Procedure Act. | ||||||
20 | (b) In determining whether to grant an owners license to an | ||||||
21 | applicant, the
Board shall consider:
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22 | (1) the character, reputation, experience and | ||||||
23 | financial integrity of the
applicants and of any other or | ||||||
24 | separate person that either:
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25 | (A) controls, directly or indirectly, such | ||||||
26 | applicant, or
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1 | (B) is controlled, directly or indirectly, by such | ||||||
2 | applicant or by a
person which controls, directly or | ||||||
3 | indirectly, such applicant;
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4 | (2) the facilities or proposed facilities for the | ||||||
5 | conduct of riverboat
gambling;
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6 | (3) the highest prospective total revenue to be derived | ||||||
7 | by the State
from the conduct of riverboat gambling;
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8 | (4) the extent to which the ownership of the applicant | ||||||
9 | reflects the
diversity of the State by including minority | ||||||
10 | persons, females, and persons with a disability
and the | ||||||
11 | good faith affirmative action plan of
each applicant to | ||||||
12 | recruit, train and upgrade minority persons, females, and | ||||||
13 | persons with a disability in all employment | ||||||
14 | classifications;
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15 | (4.5) the extent to which the ownership of the | ||||||
16 | applicant includes veterans of service in the armed forces | ||||||
17 | of the United States, and the good faith affirmative action | ||||||
18 | plan of each applicant to recruit, train, and upgrade | ||||||
19 | veterans of service in the armed forces of the United | ||||||
20 | States in all employment classifications; | ||||||
21 | (5) the financial ability of the applicant to purchase | ||||||
22 | and maintain
adequate liability and casualty insurance;
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23 | (6) whether the applicant has adequate capitalization | ||||||
24 | to provide and
maintain, for the duration of a license, a | ||||||
25 | riverboat;
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26 | (7) the extent to which the applicant exceeds or meets |
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1 | other standards
for the issuance of an owners license which | ||||||
2 | the Board may adopt by rule;
and
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3 | (8) The amount of the applicant's license bid.
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4 | (c) Each owners license shall specify the place where | ||||||
5 | riverboats shall
operate and dock.
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6 | (d) Each applicant shall submit with his application, on | ||||||
7 | forms
provided by the Board, 2 sets of his fingerprints.
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8 | (e) The Board may issue up to 10 licenses authorizing the | ||||||
9 | holders of such
licenses to own riverboats. In the application | ||||||
10 | for an owners license, the
applicant shall state the dock at | ||||||
11 | which the riverboat is based and the water
on which the | ||||||
12 | riverboat will be located. The Board shall issue 5 licenses to
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13 | become effective not earlier than January 1, 1991. Three of | ||||||
14 | such licenses
shall authorize riverboat gambling on the | ||||||
15 | Mississippi River, or, with approval
by the municipality in | ||||||
16 | which the
riverboat was docked on August 7, 2003 and with Board | ||||||
17 | approval, be authorized to relocate to a new location,
in a
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18 | municipality that (1) borders on the Mississippi River or is | ||||||
19 | within 5
miles of the city limits of a municipality that | ||||||
20 | borders on the Mississippi
River and (2), on August 7, 2003, | ||||||
21 | had a riverboat conducting riverboat gambling operations | ||||||
22 | pursuant to
a license issued under this Act; one of which shall | ||||||
23 | authorize riverboat
gambling from a home dock in the city of | ||||||
24 | East St. Louis. One other license
shall
authorize riverboat | ||||||
25 | gambling on
the Illinois River south of Marshall County. The | ||||||
26 | Board shall issue one
additional license to become effective |
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1 | not earlier than March 1, 1992, which
shall authorize riverboat | ||||||
2 | gambling on the Des Plaines River in Will County.
The Board may | ||||||
3 | issue 4 additional licenses to become effective not
earlier | ||||||
4 | than
March 1, 1992. In determining the water upon which | ||||||
5 | riverboats will operate,
the Board shall consider the economic | ||||||
6 | benefit which riverboat gambling confers
on the State, and | ||||||
7 | shall seek to assure that all regions of the State share
in the | ||||||
8 | economic benefits of riverboat gambling.
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9 | In granting all licenses, the Board may give favorable | ||||||
10 | consideration to
economically depressed areas of the State, to | ||||||
11 | applicants presenting plans
which provide for significant | ||||||
12 | economic development over a large geographic
area, and to | ||||||
13 | applicants who currently operate non-gambling riverboats in
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14 | Illinois.
The Board shall review all applications for owners | ||||||
15 | licenses,
and shall inform each applicant of the Board's | ||||||
16 | decision.
The Board may grant an owners license to an
applicant | ||||||
17 | that has not submitted the highest license bid, but if it does | ||||||
18 | not
select the highest bidder, the Board shall issue a written | ||||||
19 | decision explaining
why another
applicant was selected and | ||||||
20 | identifying the factors set forth in this Section
that favored | ||||||
21 | the winning bidder.
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22 | In addition to any other revocation powers granted to the | ||||||
23 | Board under this
Act,
the Board may revoke the owners license | ||||||
24 | of a licensee which fails
to begin conducting gambling within | ||||||
25 | 15 months
of receipt of the
Board's approval of the application | ||||||
26 | if the Board determines that license
revocation is in the best |
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1 | interests of the State.
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2 | (f) The first 10 owners licenses issued under this Act | ||||||
3 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
4 | thereon
for a period of 3 years after the effective date of the | ||||||
5 | license. Holders of
the first 10 owners licenses must pay the | ||||||
6 | annual license fee for each of
the 3
years during which they | ||||||
7 | are authorized to own riverboats.
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8 | (g) Upon the termination, expiration, or revocation of each | ||||||
9 | of the first
10 licenses, which shall be issued for a 3 year | ||||||
10 | period, all licenses are
renewable annually upon payment of the | ||||||
11 | fee and a determination by the Board
that the licensee | ||||||
12 | continues to meet all of the requirements of this Act and the
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13 | Board's rules.
However, for licenses renewed on or after May 1, | ||||||
14 | 1998, renewal shall be
for a period of 4 years, unless the | ||||||
15 | Board sets a shorter period.
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16 | (h) An owners license shall entitle the licensee to own up | ||||||
17 | to 2
riverboats. A licensee shall limit the number of gambling | ||||||
18 | participants to
1,200 for any such owners license.
A licensee | ||||||
19 | may operate both of its riverboats concurrently, provided that | ||||||
20 | the
total number of gambling participants on both riverboats | ||||||
21 | does not exceed
1,200. Riverboats licensed to operate on the
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22 | Mississippi River and the Illinois River south of Marshall | ||||||
23 | County shall
have an authorized capacity of at least 500 | ||||||
24 | persons. Any other riverboat
licensed under this Act shall have | ||||||
25 | an authorized capacity of at least 400
persons.
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26 | (i) A licensed owner is authorized to apply to the Board |
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1 | for and, if
approved therefor, to receive all licenses from the | ||||||
2 | Board necessary for the
operation of a riverboat, including a | ||||||
3 | liquor license, a license
to prepare and serve food for human | ||||||
4 | consumption, and other necessary
licenses. All use, occupation | ||||||
5 | and excise taxes which apply to the sale of
food and beverages | ||||||
6 | in this State and all taxes imposed on the sale or use
of | ||||||
7 | tangible personal property apply to such sales aboard the | ||||||
8 | riverboat.
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9 | (j) The Board may issue or re-issue a license authorizing a | ||||||
10 | riverboat to
dock
in a municipality or approve a relocation | ||||||
11 | under Section 11.2 only if, prior
to the issuance or | ||||||
12 | re-issuance of
the license or approval, the governing body of | ||||||
13 | the municipality in which
the riverboat will dock has by a | ||||||
14 | majority vote approved the docking of
riverboats in the | ||||||
15 | municipality. The Board may issue or re-issue a license
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16 | authorizing a
riverboat to dock in areas of a county outside | ||||||
17 | any municipality or approve a
relocation under Section 11.2 | ||||||
18 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
19 | approval, the
governing body of the county has by a majority | ||||||
20 | vote approved of the docking of
riverboats within such areas.
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21 | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
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22 | (230 ILCS 10/7.6) | ||||||
23 | Sec. 7.6. Business enterprise program. | ||||||
24 | (a) For the purposes of this Section, the terms "minority", | ||||||
25 | "minority owned business", "female", "female owned business", |
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1 | "person with a disability", and "business owned by a person | ||||||
2 | with a disability" have the meanings ascribed to them in the | ||||||
3 | Business Enterprise for Minorities, Females, and Persons with | ||||||
4 | Disabilities Act. | ||||||
5 | (b) The Board shall, by rule, establish goals for the award | ||||||
6 | of contracts by each owners licensee to businesses owned by | ||||||
7 | minorities, females, and persons with disabilities, expressed | ||||||
8 | as percentages of an owners licensee's total dollar amount of | ||||||
9 | contracts awarded during each calendar year. Each owners | ||||||
10 | licensee must make every effort to meet the goals established | ||||||
11 | by the Board pursuant to this Section. When setting the goals | ||||||
12 | for the award of contracts, the Board shall not include | ||||||
13 | contracts where: (1) any purchasing mandates would be dependent | ||||||
14 | upon the availability of minority owned businesses, female | ||||||
15 | owned businesses, and businesses owned by persons with | ||||||
16 | disabilities ready, willing, and able with capacity to provide | ||||||
17 | quality goods and services to a gaming operation at reasonable | ||||||
18 | prices; (2) there are no or a limited number of licensed | ||||||
19 | suppliers as defined by this Act for the goods or services | ||||||
20 | provided to the licensee; (3) the licensee or its parent | ||||||
21 | company owns a company that provides the goods or services; or | ||||||
22 | (4) the goods or services are provided to the licensee by a | ||||||
23 | publicly traded company. | ||||||
24 | (c) Each owners licensee shall file with the Board an | ||||||
25 | annual report of its utilization of minority owned businesses, | ||||||
26 | female owned businesses, and businesses owned by persons with |
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1 | disabilities during the preceding calendar year. The reports | ||||||
2 | shall include a self-evaluation of the efforts of the owners | ||||||
3 | licensee to meet its goals under this Section. | ||||||
4 | (c-5) The Board shall, by rule, establish goals for the | ||||||
5 | award of contracts by each owners licensee to businesses owned | ||||||
6 | by veterans of service in the armed forces of the United | ||||||
7 | States, expressed as percentages of an owners licensee's total | ||||||
8 | dollar amount of contracts awarded during each calendar year. | ||||||
9 | When setting the goals for the award of contracts, the Board | ||||||
10 | shall not include contracts where: (1) any purchasing mandates | ||||||
11 | would be dependent upon the availability of veteran-owned | ||||||
12 | businesses ready, willing, and able with capacity to provide | ||||||
13 | quality goods and services to a gaming operation at reasonable | ||||||
14 | prices; (2) there are no or a limited number of licensed | ||||||
15 | suppliers as defined in this Act for the goods or services | ||||||
16 | provided to the licensee: (3) the licensee or its parent | ||||||
17 | company owns a company that provides the goods or services; or | ||||||
18 | (4) the goods or services are provided to the licensee by a | ||||||
19 | publicly traded company. | ||||||
20 | Each owners licensee shall file with the Board an annual | ||||||
21 | report of its utilization of veteran-owned businesses during | ||||||
22 | the preceding calendar year. The reports shall include a | ||||||
23 | self-evaluation of the efforts of the owners licensee to meet | ||||||
24 | its goals under this Section. | ||||||
25 | (d) The owners licensee shall have the right to request a | ||||||
26 | waiver from the requirements of this Section. The Board shall |
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1 | grant the waiver where the owners licensee demonstrates that | ||||||
2 | there has been made a good faith effort to comply with the | ||||||
3 | goals for participation by minority owned businesses, female
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4 | owned businesses, and businesses owned by persons with
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5 | disabilities , and veteran-owned businesses . | ||||||
6 | (e) If the Board determines that its goals and policies are | ||||||
7 | not being met by any owners licensee, then the Board may: | ||||||
8 | (1) adopt remedies for such violations; and | ||||||
9 | (2) recommend that the owners licensee provide | ||||||
10 | additional opportunities for participation by minority | ||||||
11 | owned businesses, female owned businesses, and businesses | ||||||
12 | owned by persons with disabilities , and veteran-owned | ||||||
13 | businesses ; such recommendations may include, but shall | ||||||
14 | not be limited to: | ||||||
15 | (A) assurances of stronger and better focused
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16 | solicitation efforts to obtain more minority owned | ||||||
17 | businesses, female owned businesses, and businesses | ||||||
18 | owned by persons with disabilities , and veteran-owned | ||||||
19 | businesses as potential sources of supply; | ||||||
20 | (B) division of job or project requirements, when
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21 | economically feasible, into tasks or quantities to | ||||||
22 | permit participation of minority owned businesses, | ||||||
23 | female owned businesses, and businesses owned by | ||||||
24 | persons with disabilities , and veteran-owned | ||||||
25 | businesses ; | ||||||
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 , and veteran-owned | ||||||
5 | businesses ; | ||||||
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 , and veteran-owned businesses , such | ||||||
11 | identification to result from and be coupled with the | ||||||
12 | efforts of items (A) through (C);
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 May 31 March 1 of | ||||||
16 | each year, an annual report that shall detail the level of | ||||||
17 | achievement toward the goals specified in this Section over the | ||||||
18 | 3 most recent fiscal years. The annual report shall include, | ||||||
19 | but 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 owners licensee; and | ||||||
23 | (2) an analysis of the level of overall goal
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24 | achievement concerning purchases from minority owned | ||||||
25 | businesses, female owned businesses, and businesses owned | ||||||
26 | by persons with disabilities , and veteran-owned |
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1 | businesses .
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2 | (Source: P.A. 98-490, eff. 8-16-13; 99-78, eff. 7-20-15.)
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