Public Act 098-0490
 
SB1354 EnrolledLRB098 05479 AMC 35513 b


  
    AN ACT concerning gaming.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
    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 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 
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

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

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 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
     
        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 organization licensee or inter-track wagering 
    licensee;
        (2) a summary of the number of contracts awarded and
     
    the average contract amount by each organization licensee 
    or inter-track 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 
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.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.