98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1354

 

Introduced 2/5/2013, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 5/12.2 new
230 ILCS 10/7.6 new
230 ILCS 40/28 new

    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.


LRB098 05479 AMC 35513 b

 

 

A BILL FOR

 

SB1354LRB098 05479 AMC 35513 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Horse Racing Act of 1975 is amended
5by adding Section 12.2 as follows:
 
6    (230 ILCS 5/12.2 new)
7    Sec. 12.2. Business enterprise program.
8    (a) For the purposes of this Section, the terms "minority",
9"minority owned business", "female", "female owned business",
10"person with a disability", and "business owned by a person
11with a disability" have the meaning ascribed to them in the
12Business Enterprise for Minorities, Females, and Persons with
13Disabilities Act.
14    (b) The Board shall, by rule, establish goals for the award
15of contracts by each organization licensee, inter-track
16wagering licensee, inter-track wagering location licensee, or
17advance deposit wagering licensee to businesses owned by
18minorities, females, and persons with disabilities, expressed
19as percentages of an organization licensee's, inter-track
20wagering licensee's, inter-track wagering location licensee's,
21or advance deposit wagering licensee's total dollar amount of
22contracts awarded during each calendar year. Each organization
23licensee, inter-track wagering licensee, inter-track wagering

 

 

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1location licensee, or advance deposit wagering licensee must
2make every effort to meet the goals established by the Board
3pursuant to this Section.
4    (c) Each organization licensee, inter-track wagering
5licensee, inter-track wagering location licensee, or advance
6deposit wagering licensee shall file with the Board an annual
7report of its utilization of minority owned businesses, female
8owned businesses, and businesses owned by persons with
9disabilities during the preceding calendar year. The reports
10shall include a self-evaluation of the efforts of the
11organization licensee, inter-track wagering licensee,
12inter-track wagering location licensee, or advance deposit
13wagering licensee to meet its goals under this Section.
14    (d) The organization licensee, inter-track wagering
15licensee, inter-track wagering location licensee, or advance
16deposit wagering licensee shall have the right to request a
17waiver from the requirements of this Section. The Board shall
18grant the waiver where the organization licensee, inter-track
19wagering licensee, inter-track wagering location licensee, or
20advance deposit wagering licensee demonstrates that there has
21been made a good faith effort to comply with the goals for
22participation by minority owned businesses, female owned
23businesses, and businesses owned by persons with disabilities.
24    (e) If the Board determines that its goals and policies are
25not being met by any organization licensee, inter-track
26wagering licensee, inter-track wagering location licensee, or

 

 

SB1354- 3 -LRB098 05479 AMC 35513 b

1advance deposit wagering licensee, then the Board may:
2        (1) adopt remedies for such violations; and
3        (2) recommend that the organization licensee,
4    inter-track wagering licensee, inter-track wagering
5    location licensee, or advance deposit wagering licensee
6    provide additional opportunities for participation by
7    minority owned businesses, female owned businesses, and
8    businesses owned by persons with disabilities; such
9    recommendations may include, but shall not be limited to:
10            (A) assurances of stronger and better focused
11        solicitation efforts to obtain more minority owned
12        businesses, female owned businesses, and businesses
13        owned by persons with disabilities as potential
14        sources of supply;
15            (B) division of job or project requirements, when
16        economically feasible, into tasks or quantities to
17        permit participation of minority owned businesses,
18        female owned businesses, and businesses owned by
19        persons with disabilities;
20            (C) elimination of extended experience or
21        capitalization requirements, when programmatically
22        feasible, to permit participation of minority owned
23        businesses, female owned businesses, and businesses
24        owned by persons with disabilities;
25            (D) identification of specific proposed contracts
26        as particularly attractive or appropriate for

 

 

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1        participation by minority owned businesses, female
2        owned businesses, and businesses owned by persons with
3        disabilities, such identification to result from and
4        be coupled with the efforts of items (A) through (C);
5        and
6            (E) implementation of regulations established for
7        the use of the sheltered market process.
8    (f) The Board shall file, no later than March 1 of each
9year, an annual report that shall detail the level of
10achievement toward the goals specified in this Section over the
113 most recent fiscal years. The annual report shall include,
12but need not be limited to:
13        (1) a summary detailing expenditures subject to the
14    goals, the actual goals specified, and the goals attained
15    by each organization licensee, inter-track wagering
16    licensee, inter-track wagering location licensee, or
17    advance deposit wagering licensee;
18        (2) a summary of the number of contracts awarded and
19    the average contract amount by each organization licensee,
20    inter-track wagering licensee, inter-track wagering
21    location licensee, or advance deposit wagering licensee;
22        (3) an analysis of the level of overall goal
23    achievement concerning purchases from minority owned
24    businesses, female owned businesses, and businesses owned
25    by persons with disabilities;
26        (4) an analysis of the number of minority owned

 

 

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1    businesses, female owned businesses, and businesses owned
2    by persons with disabilities that are certified under the
3    program as well as the number of those businesses that
4    received State procurement contracts; and
5        (5) a summary of the number of contracts awarded to
6    businesses with annual gross sales of less than $1,000,000;
7    of $1,000,000 or more, but less than $5,000,000; of
8    $5,000,000 or more, but less than $10,000,000; and of
9    $10,000,000 or more.
 
10    Section 10. The Riverboat Gambling Act is amended by adding
11Section 7.6 as follows:
 
12    (230 ILCS 10/7.6 new)
13    Sec. 7.6. Business enterprise program.
14    (a) For the purposes of this Section, the terms "minority",
15"minority owned business", "female", "female owned business",
16"person with a disability", and "business owned by a person
17with a disability" have the meaning ascribed to them in the
18Business Enterprise for Minorities, Females, and Persons with
19Disabilities Act.
20    (b) The Board shall, by rule, establish goals for the award
21of contracts by each owners licensee to businesses owned by
22minorities, females, and persons with disabilities, expressed
23as percentages of an owners licensee's total dollar amount of
24contracts awarded during each calendar year. Each owners

 

 

SB1354- 6 -LRB098 05479 AMC 35513 b

1licensee must make every effort to meet the goals established
2by the Board pursuant to this Section.
3    (c) Each owners licensee shall file with the Board an
4annual report of its utilization of minority owned businesses,
5female owned businesses, and businesses owned by persons with
6disabilities during the preceding calendar year. The reports
7shall include a self-evaluation of the efforts of the owners
8licensee to meet its goals under this Section.
9    (d) The owners licensee shall have the right to request a
10waiver from the requirements of this Section. The Board shall
11grant the waiver where the owners licensee demonstrates that
12there has been made a good faith effort to comply with the
13goals for participation by minority owned businesses, female
14owned businesses, and businesses owned by persons with
15disabilities.
16    (e) If the Board determines that its goals and policies are
17not being met by any owners licensee, then the Board may:
18        (1) adopt remedies for such violations; and
19        (2) recommend that the owners licensee provide
20    additional opportunities for participation by minority
21    owned businesses, female owned businesses, and businesses
22    owned by persons with disabilities; such recommendations
23    may include, but shall not be limited to:
24            (A) assurances of stronger and better focused
25        solicitation efforts to obtain more minority owned
26        businesses, female owned businesses, and businesses

 

 

SB1354- 7 -LRB098 05479 AMC 35513 b

1        owned by persons with disabilities as potential
2        sources of supply;
3            (B) division of job or project requirements, when
4        economically feasible, into tasks or quantities to
5        permit participation of minority owned businesses,
6        female owned businesses, and businesses owned by
7        persons with disabilities;
8            (C) elimination of extended experience or
9        capitalization requirements, when programmatically
10        feasible, to permit participation of minority owned
11        businesses, female owned businesses, and businesses
12        owned by persons with disabilities;
13            (D) identification of specific proposed contracts
14        as particularly attractive or appropriate for
15        participation by minority owned businesses, female
16        owned businesses, and businesses owned by persons with
17        disabilities, such identification to result from and
18        be coupled with the efforts of items (A) through (C);
19        and
20            (E) implementation of regulations established for
21        the use of the sheltered market process.
22    (f) The Board shall file, no later than March 1 of each
23year, an annual report that shall detail the level of
24achievement toward the goals specified in this Section over the
253 most recent fiscal years. The annual report shall include,
26but need not be limited to:

 

 

SB1354- 8 -LRB098 05479 AMC 35513 b

1        (1) a summary detailing expenditures subject to the
2    goals, the actual goals specified, and the goals attained
3    by each owners licensee;
4        (2) a summary of the number of contracts awarded and
5    the average contract amount by each owners licensee;
6        (3) an analysis of the level of overall goal
7    achievement concerning purchases from minority owned
8    businesses, female owned businesses, and businesses owned
9    by persons with disabilities;
10        (4) an analysis of the number of minority owned
11    businesses, female owned businesses, and businesses owned
12    by persons with disabilities that are certified under the
13    program as well as the number of those businesses that
14    received State procurement contracts; and
15        (5) a summary of the number of contracts awarded to
16    businesses with annual gross sales of less than $1,000,000;
17    of $1,000,000 or more, but less than $5,000,000; of
18    $5,000,000 or more, but less than $10,000,000; and of
19    $10,000,000 or more.
 
20    Section 15. The Video Gaming Act is amended by adding
21Section 28 as follows:
 
22    (230 ILCS 40/28 new)
23    Sec. 28. Business enterprise program.
24    (a) For the purposes of this Section, the terms "minority",

 

 

SB1354- 9 -LRB098 05479 AMC 35513 b

1"minority owned business", "female", "female owned business",
2"person with a disability", and "business owned by a person
3with a disability" have the meaning ascribed to them in the
4Business Enterprise for Minorities, Females, and Persons with
5Disabilities Act.
6    (b) The Board shall, by rule, establish goals for the award
7of contracts by each licensed establishment, licensed
8fraternal establishment, licensed veterans establishment, or
9terminal operator to businesses owned by minorities, females,
10and persons with disabilities, expressed as percentages of a
11licensed establishment's, licensed fraternal establishment's,
12licensed veterans establishment's, or terminal operator's
13total dollar amount of contracts awarded during each calendar
14year. Each licensed establishment, licensed fraternal
15establishment, licensed veterans establishment, or terminal
16operator must make every effort to meet the goals established
17by the Board pursuant to this Section.
18    (c) Each licensed establishment, licensed fraternal
19establishment, licensed veterans establishment, or terminal
20operator shall file with the Board an annual report of its
21utilization of minority owned businesses, female owned
22businesses, and businesses owned by persons with disabilities
23during the preceding calendar year. The reports shall include a
24self-evaluation of the efforts of the licensed establishment,
25licensed fraternal establishment, licensed veterans
26establishment, or terminal operator to meet its goals under

 

 

SB1354- 10 -LRB098 05479 AMC 35513 b

1this Section.
2    (d) The licensed establishment, licensed fraternal
3establishment, licensed veterans establishment, or terminal
4operator shall have the right to request a waiver from the
5requirements of this Section. The Board shall grant the waiver
6where the licensed establishment, licensed fraternal
7establishment, licensed veterans establishment, or terminal
8operator demonstrates that there has been made a good faith
9effort to comply with the goals for participation by minority
10owned businesses, female owned businesses, and businesses
11owned by persons with disabilities.
12    (e) If the Board determines that its goals and policies are
13not being met by any licensed establishment, licensed fraternal
14establishment, licensed veterans establishment, or terminal
15operator, then the Board may:
16        (1) adopt remedies for such violations; and
17        (2) recommend that the licensed establishment,
18    licensed fraternal establishment, licensed veterans
19    establishment, or terminal operator provide additional
20    opportunities for participation by minority owned
21    businesses, female owned businesses, and businesses owned
22    by persons with disabilities; such recommendations may
23    include, but shall not be limited to:
24            (A) assurances of stronger and better focused
25        solicitation efforts to obtain more minority owned
26        businesses, female owned businesses, and businesses

 

 

SB1354- 11 -LRB098 05479 AMC 35513 b

1        owned by persons with disabilities as potential
2        sources of supply;
3            (B) division of job or project requirements, when
4        economically feasible, into tasks or quantities to
5        permit participation of minority owned businesses,
6        female owned businesses, and businesses owned by
7        persons with disabilities;
8            (C) elimination of extended experience or
9        capitalization requirements, when programmatically
10        feasible, to permit participation of minority owned
11        businesses, female owned businesses, and businesses
12        owned by persons with disabilities;
13            (D) identification of specific proposed contracts
14        as particularly attractive or appropriate for
15        participation by minority owned businesses, female
16        owned businesses, and businesses owned by persons with
17        disabilities, such identification to result from and
18        be coupled with the efforts of items (A) through (C);
19        and
20            (E) implementation of regulations established for
21        the use of the sheltered market process.
22    (f) The Board shall file, no later than March 1 of each
23year, an annual report that shall detail the level of
24achievement toward the goals specified in this Section over the
253 most recent fiscal years. The annual report shall include,
26but need not be limited to:

 

 

SB1354- 12 -LRB098 05479 AMC 35513 b

1        (1) a summary detailing expenditures subject to the
2    goals, the actual goals specified, and the goals attained
3    by each licensed establishment, licensed fraternal
4    establishment, licensed veterans establishment, or
5    terminal operator;
6        (2) a summary of the number of contracts awarded and
7    the average contract amount by each licensed
8    establishment, licensed fraternal establishment, licensed
9    veterans establishment, or terminal operator;
10        (3) an analysis of the level of overall goal
11    achievement concerning purchases from minority owned
12    businesses, female owned businesses, and businesses owned
13    by persons with disabilities;
14        (4) an analysis of the number of minority owned
15    businesses, female owned businesses, and businesses owned
16    by persons with disabilities that are certified under the
17    program as well as the number of those businesses that
18    received State procurement contracts; and
19        (5) a summary of the number of contracts awarded to
20    businesses with annual gross sales of less than $1,000,000;
21    of $1,000,000 or more, but less than $5,000,000; of
22    $5,000,000 or more, but less than $10,000,000; and of
23    $10,000,000 or more.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.