Full Text of SB1354 98th General Assembly
SB1354enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Horse Racing Act of 1975 is amended | 5 | | by 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 | 11 | | with a disability" have the meaning ascribed to them in the | 12 | | Business Enterprise for Minorities, Females, and Persons with | 13 | | Disabilities Act. | 14 | | (b) The Board shall, by rule, establish goals for the award | 15 | | of contracts by each organization licensee or inter-track | 16 | | wagering licensee to businesses owned by minorities, females, | 17 | | and persons with disabilities, expressed as percentages of an | 18 | | organization licensee's or inter-track wagering licensee's | 19 | | total dollar amount of contracts awarded during each calendar | 20 | | year. Each organization licensee or inter-track wagering | 21 | | licensee must make every effort to meet the goals established | 22 | | by the Board pursuant to this Section. When setting the goals | 23 | | for the award of contracts, the Board shall not include |
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| 1 | | contracts where: (1) licensees are purchasing goods or services | 2 | | from vendors or suppliers or in markets where there are no or a | 3 | | limited number of minority owned businesses, women owned | 4 | | businesses, or businesses owned by persons with disabilities | 5 | | that would be sufficient to satisfy the goal; (2) there are no | 6 | | or a limited number of suppliers licensed by the Board; (3) the | 7 | | licensee or its parent company owns a company that provides the | 8 | | goods or services; or (4) the goods or services are provided to | 9 | | the licensee by a publicly traded company. | 10 | | (c) Each organization licensee or inter-track wagering | 11 | | licensee shall file with the Board an annual report of its | 12 | | utilization of minority owned businesses, female owned | 13 | | businesses, and businesses owned by persons with disabilities | 14 | | during the preceding calendar year. The reports shall include a | 15 | | self-evaluation of the efforts of the organization licensee or | 16 | | inter-track wagering licensee to meet its goals under this | 17 | | Section. | 18 | | (d) The organization licensee or inter-track wagering
| 19 | | licensee shall have the right to request a waiver from the | 20 | | requirements of this Section. The Board shall grant the waiver | 21 | | where the organization licensee or inter-track wagering
| 22 | | licensee demonstrates that there has been made a good faith | 23 | | effort to comply with the goals for participation by minority | 24 | | owned businesses, female
owned businesses, and businesses | 25 | | owned by persons with
disabilities. | 26 | | (e) If the Board determines that its goals and policies are |
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| 1 | | not being met by any organization licensee or inter-track | 2 | | wagering licensee, then the Board may: | 3 | | (1) adopt remedies for such violations; and | 4 | | (2) recommend that the organization licensee or | 5 | | inter-track wagering licensee provide additional | 6 | | opportunities for participation by minority owned | 7 | | businesses, female owned businesses, and businesses owned | 8 | | by persons with disabilities; such recommendations may | 9 | | 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 | 9 | | year, an annual report that shall detail the level of | 10 | | achievement toward the goals specified in this Section over the | 11 | | 3 most recent fiscal years. The annual report shall include, | 12 | | but 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 or inter-track wagering | 16 | | licensee; | 17 | | (2) a summary of the number of contracts awarded and
| 18 | | the average contract amount by each organization licensee | 19 | | or inter-track wagering licensee; | 20 | | (3) an analysis of the level of overall goal
| 21 | | achievement concerning purchases from minority owned | 22 | | businesses, female owned businesses, and businesses owned | 23 | | by persons with disabilities; | 24 | | (4) an analysis of the number of minority owned | 25 | | businesses, female owned businesses, and businesses owned | 26 | | by persons with disabilities that are certified under the |
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| 1 | | program as well as the number of those businesses that | 2 | | received State procurement contracts; and | 3 | | (5) a summary of the number of contracts awarded to
| 4 | | businesses with annual gross sales of less than $1,000,000; | 5 | | of $1,000,000 or more, but less than $5,000,000; of | 6 | | $5,000,000 or more, but less than $10,000,000; and of | 7 | | $10,000,000 or more. | 8 | | Section 10. The Riverboat Gambling Act is amended by adding | 9 | | Section 7.6 as follows: | 10 | | (230 ILCS 10/7.6 new) | 11 | | Sec. 7.6. Business enterprise program. | 12 | | (a) For the purposes of this Section, the terms "minority", | 13 | | "minority owned business", "female", "female owned business", | 14 | | "person with a disability", and "business owned by a person | 15 | | with a disability" have the meaning ascribed to them in the | 16 | | Business Enterprise for Minorities, Females, and Persons with | 17 | | Disabilities Act. | 18 | | (b) The Board shall, by rule, establish goals for the award | 19 | | of contracts by each owners licensee to businesses owned by | 20 | | minorities, females, and persons with disabilities, expressed | 21 | | as percentages of an owners licensee's total dollar amount of | 22 | | contracts awarded during each calendar year. Each owners | 23 | | licensee must make every effort to meet the goals established | 24 | | by the Board pursuant to this Section. When setting the goals |
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| 1 | | for the award of contracts, the Board shall not include | 2 | | contracts where: (1) any purchasing mandates would be dependent | 3 | | upon the availability of minority owned businesses, female | 4 | | owned businesses, and businesses owned by persons with | 5 | | disabilities ready, willing, and able with capacity to provide | 6 | | quality goods and services to a gaming operation at reasonable | 7 | | prices; (2) there are no or a limited number of licensed | 8 | | suppliers as defined by this Act for the goods or services | 9 | | provided to the licensee; (3) the licensee or its parent | 10 | | company owns a company that provides the goods or services; or | 11 | | (4) the goods or services are provided to the licensee by a | 12 | | publicly traded company. | 13 | | (c) Each owners licensee shall file with the Board an | 14 | | annual report of its utilization of minority owned businesses, | 15 | | female owned businesses, and businesses owned by persons with | 16 | | disabilities during the preceding calendar year. The reports | 17 | | shall include a self-evaluation of the efforts of the owners | 18 | | licensee to meet its goals under this Section. | 19 | | (d) The owners licensee shall have the right to request a | 20 | | waiver from the requirements of this Section. The Board shall | 21 | | grant the waiver where the owners licensee demonstrates that | 22 | | there has been made a good faith effort to comply with the | 23 | | goals for participation by minority owned businesses, female
| 24 | | owned businesses, and businesses owned by persons with
| 25 | | disabilities. | 26 | | (e) If the Board determines that its goals and policies are |
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| 1 | | not being met by any owners licensee, then the Board may: | 2 | | (1) adopt remedies for such violations; and | 3 | | (2) recommend that the owners licensee provide | 4 | | additional opportunities for participation by minority | 5 | | owned businesses, female owned businesses, and businesses | 6 | | owned by persons with disabilities; such recommendations | 7 | | may include, but shall not be limited to: | 8 | | (A) assurances of stronger and better focused
| 9 | | solicitation efforts to obtain more minority owned | 10 | | businesses, female owned businesses, and businesses | 11 | | owned by persons with disabilities as potential | 12 | | sources of supply; | 13 | | (B) division of job or project requirements, when
| 14 | | economically feasible, into tasks or quantities to | 15 | | permit participation of minority owned businesses, | 16 | | female owned businesses, and businesses owned by | 17 | | persons with disabilities; | 18 | | (C) elimination of extended experience or
| 19 | | capitalization requirements, when programmatically | 20 | | feasible, to permit participation of minority owned | 21 | | businesses, female owned businesses, and businesses | 22 | | owned by persons with disabilities; | 23 | | (D) identification of specific proposed contracts | 24 | | as
particularly attractive or appropriate for | 25 | | participation by minority owned businesses, female | 26 | | owned businesses, and businesses owned by persons with |
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| 1 | | disabilities, such identification to result from and | 2 | | be coupled with the efforts of items (A) through (C);
| 3 | | and | 4 | | (E) implementation of regulations established
for | 5 | | the use of the sheltered market process. | 6 | | (f) The Board shall file, no later than March 1 of each | 7 | | year, an annual report that shall detail the level of | 8 | | achievement toward the goals specified in this Section over the | 9 | | 3 most recent fiscal years. The annual report shall include, | 10 | | but need not be limited to: | 11 | | (1) a summary detailing expenditures subject
to the | 12 | | goals, the actual goals specified, and the goals attained | 13 | | by each owners licensee; and | 14 | | (2) an analysis of the level of overall goal
| 15 | | achievement concerning purchases from minority owned | 16 | | businesses, female owned businesses, and businesses owned | 17 | | by persons with disabilities.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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