SB2198 102ND GENERAL ASSEMBLY

LRB102 12616 SMS 17954 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2198

Introduced 2/26/2021, by Sen. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:

230 ILCS 10/7.6
230 ILCS 10/7.10 rep.
230 ILCS 10/7.11 rep.
230 ILCS 45/25-85

Amends the Illinois Gambling Act. Includes organization gaming licensees in provisions concerning business enterprise programs. Requires each owners licensee and organization gaming licensee to establish and maintain a diversity program designed to promote equal opportunity for employment that establishes hiring goals. Requires each owners licensee and organization gaming licensee to report specified employment information to the Illinois Gaming Board. Requires the Board to monitor the licensee's progress with respect to program goals. Provides that the report the Board is required to file shall be filed on July 1 (rather than March 1) of each year and shall also include a summary detailing the employment goals and the achievement of those employment goals. Repeals similar provisions requiring owners licensees, organization gaming licensees, and suppliers licensees to establish and maintain diversity programs and to report to the Board. Amends the Sports Wagering Act. Excludes supplier licensees from the requirements for supplier diversity goals. Provides that licensees under the Act not filing a report on the business enterprise program under the Illinois Gambling Act shall submit an annual report (rather than all licensees under the Act) by July 1, 2020 and every July 1 thereafter (rather than on April 15, 2020 and every April 15 thereafter).

A BILL FOR

AN ACT concerning gaming.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Gambling Act is amended by changing Section 7.6 as follows:

(230 ILCS 10/7.6)

Sec. 7.6. Business enterprise and employment diversity programs program.

(a) For the purposes of this Section, the terms "minority", "minority-owned business", "woman", "women-owned business", "person with a disability", and "business owned by a person with a disability" have the meanings ascribed to them in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

(b) The Board shall, by rule, establish goals for the award of contracts by each owners licensee and organization gaming licensee to ensure non-discrimination in the award and administration of contracts to businesses owned by minorities, women, and persons with disabilities, expressed as percentages of an owners licensee's or organization gaming licensee's total dollar amount of contracts awarded during each calendar year and to implement the provisions of subsection (c-7). Each owners licensee and organization gaming 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, women-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 and organization gaming licensee shall file with the Board an annual report of its utilization of minority-owned businesses, women-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 and organization gaming licensee to meet its goals under this Section.

(c-5) The Board shall, by rule, establish goals for the award of contracts by each owners licensee and organization gaming licensee to businesses owned by veterans of service in the armed forces of the United States, expressed as percentages of an owners licensee's or organization gaming licensee's total dollar amount of contracts awarded during each calendar year. 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 veteran-owned businesses 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 in 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.

Each owners licensee and organization gaming licensee shall file with the Board an annual report of its utilization of veteran-owned businesses during the preceding calendar year. The reports shall include a self-evaluation of the efforts of the owners licensee or organization gaming licensee to meet its goals under this Section.

(c-7) Each owners licensee and organization licensee shall establish and maintain a diversity program designed to promote equal opportunity for employment. Each owners licensee and organization gaming licensee shall report to the Board: (1) the number of employees, and (2) the number of its employees who have designated themselves as members of a minority group, women, persons with a disability, and veterans. The Board shall monitor the licensee's progress with respect to the program's goals.

(d) The owners licensee or organization gaming 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 or organization gaming licensee demonstrates that there has been made a good faith effort to comply with the goals for participation by minority-owned businesses, women-owned businesses, businesses owned by persons with disabilities, and veteran-owned businesses.

(e) If the Board determines that its goals and policies are not being met by any owners licensee or organization gaming licensee, then the Board may:

(1) adopt remedies for such violations; and

(2) recommend that the owners licensee or organization gaming licensee provide additional opportunities for participation by minority-owned businesses, women-owned businesses, businesses owned by persons with disabilities, and veteran-owned businesses; 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, women-owned businesses, businesses owned by persons with disabilities, and veteran-owned businesses 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, women-owned businesses, businesses owned by persons with disabilities, and veteran-owned businesses;

(C) elimination of extended experience or capitalization requirements, when programmatically feasible, to permit participation of minority-owned businesses, women-owned businesses, businesses owned by persons with disabilities, and veteran-owned businesses;

(D) identification of specific proposed contracts as particularly attractive or appropriate for participation by minority-owned businesses, women-owned businesses, businesses owned by persons with disabilities, and veteran-owned businesses, 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 July 1 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, women-owned businesses, businesses owned by persons with disabilities, and veteran-owned businesses; and .

(3) a summary detailing the employment goals and the achievement of those goals established in subsection (c-7).

(Source: P.A. 99-78, eff. 7-20-15; 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18.)

(230 ILCS 10/7.10 rep.)

(230 ILCS 10/7.11 rep.)

Section 10. The Illinois Gambling Act is amended by repealing Sections 7.10 and 7.11.

Section 15. The Sports Wagering Act is amended by changing Section 25-85 as follows:

(230 ILCS 45/25-85)

Sec. 25-85. Supplier diversity goals for sports wagering.

(a) As used in this Section only, "licensee" means a licensee under this Act other than an occupational licensee or supplier licensee.

(b) The public policy of this State is to collaboratively work with companies that serve Illinois residents to improve their supplier diversity in a non-antagonistic manner.

(c) The Board and the Department shall require all licensees under this Act not filing reports required by Section 7.6 of the Illinois Gambling Act to submit an annual report by July 1, 2020 April 15, 2020 and every July 1 April 15 thereafter, in a searchable Adobe PDF format, on all procurement goals and actual spending for businesses owned by women, minorities, veterans, and persons with disabilities and small business enterprises in the previous calendar year. These goals shall be expressed as a percentage of the total work performed by the entity submitting the report, and the actual spending for all businesses owned by women, minorities, veterans, and persons with disabilities and small business enterprises shall also be expressed as a percentage of the total work performed by the entity submitting the report.

(d) Each licensee in its annual report shall include the following information:

(1) an explanation of the plan for the next year to increase participation;

(2) an explanation of the plan to increase the goals;

(3) the areas of procurement each licensee shall be actively seeking more participation in the next year;

(4) an outline of the plan to alert and encourage potential vendors in that area to seek business from the licensee;

(5) an explanation of the challenges faced in finding quality vendors and offer any suggestions for what the Board could do to be helpful to identify those vendors;

(6) a list of the certifications the licensee recognizes;

(7) the point of contact for any potential vendor who wishes to do business with the licensee and explain the process for a vendor to enroll with the licensee as a businesses owned by women, minorities, veterans, or persons with disabilities; and

(8) any particular success stories to encourage other licensee to emulate best practices.

(e) Each annual report shall include as much State-specific data as possible. If the submitting entity does not submit State-specific data, then the licensee shall include any national data it does have and explain why it could not submit State-specific data and how it intends to do so in future reports, if possible.

(f) Each annual report shall include the rules, regulations, and definitions used for the procurement goals in the licensee's annual report.

(g) The Board, Department, and all licensees shall hold an annual workshop and job fair open to the public in 2020 and every year thereafter on the state of supplier diversity to collaboratively seek solutions to structural impediments to achieving stated goals, including testimony from each licensee as well as subject matter experts and advocates. The Board and Department shall publish a database on their websites of the point of contact for licensees they regulate under this Act for supplier diversity, along with a list of certifications each licensee recognizes from the information submitted in each annual report. The Board and Department shall publish each annual report on their websites and shall maintain each annual report for at least 5 years.

(Source: P.A. 101-31, eff. 6-28-19.)