Bill Text: IL SB2962 | 2011-2012 | 97th General Assembly | Amended

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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 3-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2962 Detail]

Download: Illinois-2011-SB2962-Amended.html

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Sen. Annazette R. Collins

Filed: 2/29/2012

09700SB2962sam003 LRB097 16030 AMC 66845 a
AMENDMENT TO SENATE BILL 2962
AMENDMENT NO. ______. Amend Senate Bill 2962 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Horse Racing Act of 1975 is
amended by adding Section 12.2 as follows:
(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, inter-track
wagering licensee, inter-track wagering location licensee, or

09700SB2962sam003 - 2 - LRB097 16030 AMC 66845 a
advance deposit wagering licensee to businesses owned by
minorities, females, and persons with disabilities, expressed
as percentages of an organization licensee's, inter-track
wagering licensee's, inter-track wagering location licensee's,
or advance deposit wagering licensee's total dollar amount of
contracts awarded during each calendar year. Each organization
licensee, inter-track wagering licensee, inter-track wagering
location licensee, or advance deposit wagering licensee must
make every effort to meet the goals established by the Board
pursuant to this Section.
(c) Each organization licensee, inter-track wagering
licensee, inter-track wagering location licensee, or advance
deposit 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, inter-track wagering licensee,
inter-track wagering location licensee, or advance deposit
wagering licensee to meet its goals under this Section.
(d) The organization licensee, inter-track wagering
licensee, inter-track wagering location licensee, or advance
deposit 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, inter-track
wagering licensee, inter-track wagering location licensee, or

09700SB2962sam003 - 3 - LRB097 16030 AMC 66845 a
advance deposit 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, inter-track
wagering licensee, inter-track wagering location licensee, or
advance deposit wagering licensee, then the Board may:
(1) adopt remedies for such violations, which may
include revocation of the license; and
(2) recommend that the organization licensee,
inter-track wagering licensee, inter-track wagering
location licensee, or advance deposit 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

09700SB2962sam003 - 4 - LRB097 16030 AMC 66845 a
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, inter-track wagering
licensee, inter-track wagering location licensee, or
advance deposit wagering licensee;
(2) a summary of the number of contracts awarded and

09700SB2962sam003 - 5 - LRB097 16030 AMC 66845 a
the average contract amount by each organization licensee,
inter-track wagering licensee, inter-track wagering
location licensee, or advance deposit 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) 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.
Section 10. The Riverboat Gambling Act is amended by adding
Section 7.6 as follows:
(230 ILCS 10/7.6 new)
Sec. 7.6. 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

09700SB2962sam003 - 6 - LRB097 16030 AMC 66845 a
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 owners licensee to businesses owned by
minorities, females, and persons with disabilities, expressed
as percentages of an owners licensee's total dollar amount of
contracts awarded during each calendar year. Each owners
licensee must make every effort to meet the goals established
by the Board pursuant to this Section.
(c) Each owners 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 owners
licensee to meet its goals under this Section.
(d) The owners licensee shall have the right to request a
waiver from the requirements of this Section. The Board shall
grant the waiver where the owners 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 owners licensee, then the Board may:
(1) adopt remedies for such violations, which may

09700SB2962sam003 - 7 - LRB097 16030 AMC 66845 a
include revocation of the license; and
(2) recommend that the owners 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
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

09700SB2962sam003 - 8 - LRB097 16030 AMC 66845 a
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 owners licensee;
(2) a summary of the number of contracts awarded and
the average contract amount by each owners 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) 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

09700SB2962sam003 - 9 - LRB097 16030 AMC 66845 a
$5,000,000 or more, but less than $10,000,000; and of
$10,000,000 or more.
Section 15. The Video Gaming Act is amended by adding
Section 28 as follows:
(230 ILCS 40/28 new)
Sec. 28. 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 licensed establishment, licensed truck
stop establishment, licensed fraternal establishment, licensed
veterans establishment, or terminal operator to businesses
owned by minorities, females, and persons with disabilities,
expressed as percentages of a licensed establishment's,
licensed truck stop establishment's, licensed fraternal
establishment's, licensed veterans establishment's, or
terminal operator's total dollar amount of contracts awarded
during each calendar year. Each licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, licensed veterans establishment, or terminal

09700SB2962sam003 - 10 - LRB097 16030 AMC 66845 a
operator must make every effort to meet the goals established
by the Board pursuant to this Section.
(c) Each licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, licensed
veterans establishment, or terminal operator 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 licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, licensed veterans
establishment, or terminal operator to meet its goals under
this Section.
(d) The licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, licensed
veterans establishment, or terminal operator shall have the
right to request a waiver from the requirements of this
Section. The Board shall grant the waiver where the licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, licensed veterans establishment, or
terminal operator 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 licensed establishment, licensed truck

09700SB2962sam003 - 11 - LRB097 16030 AMC 66845 a
stop establishment, licensed fraternal establishment, licensed
veterans establishment, or terminal operator, then the Board
may:
(1) adopt remedies for such violations, which may
include revocation of the license; and
(2) recommend that the licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, licensed veterans establishment, or
terminal operator 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

09700SB2962sam003 - 12 - LRB097 16030 AMC 66845 a
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 licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, licensed
veterans establishment, or terminal operator;
(2) a summary of the number of contracts awarded and
the average contract amount by each licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, licensed veterans establishment,
or terminal operator;

09700SB2962sam003 - 13 - LRB097 16030 AMC 66845 a
(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) 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.
Section 99. Effective date. This Act takes effect upon
becoming law.".