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-Chaptered.html
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| Public Act 098-0490
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| SB1354 Enrolled | LRB098 05479 AMC 35513 b |
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AN ACT concerning gaming.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Horse Racing Act of 1975 is amended |
by adding Section 12.2 as follows:
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(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 |
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 |
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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
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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 |
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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
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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 |
be coupled with the efforts of items (A) through (C);
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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
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the average contract amount by each organization licensee |
or inter-track wagering licensee; |
(3) an analysis of the level of overall goal
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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 |
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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
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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.
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Section 10. The Riverboat Gambling Act is amended by adding |
Section 7.6 as follows:
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(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 |
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. When setting the goals |
|
for the award of contracts, the Board shall not include |
contracts where: (1) any purchasing mandates would be dependent |
upon the availability of minority owned businesses, female |
owned businesses, and businesses owned by persons with |
disabilities ready, willing, and able with capacity to provide |
quality goods and services to a gaming operation at reasonable |
prices; (2) there are no or a limited number of 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. |
(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; 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 |
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; and |
(2) 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.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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