Full Text of HB4466 97th General Assembly
HB4466eng 97TH 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, inter-track | 16 | | wagering licensee, inter-track wagering location licensee, or | 17 | | advance deposit wagering licensee to businesses owned by | 18 | | minorities, females, and persons with disabilities, expressed | 19 | | as percentages of an organization licensee's, inter-track | 20 | | wagering licensee's, inter-track wagering location licensee's, | 21 | | or advance deposit wagering licensee's total dollar amount of | 22 | | contracts awarded during each calendar year. Each organization | 23 | | licensee, inter-track wagering licensee, inter-track wagering |
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| 1 | | location licensee, or advance deposit wagering licensee must | 2 | | make every effort to meet the goals established by the Board | 3 | | pursuant to this Section. | 4 | | (c) Each organization licensee, inter-track wagering | 5 | | licensee, inter-track wagering location licensee, or advance | 6 | | deposit wagering licensee shall file with the Board an annual | 7 | | report of its utilization of minority owned businesses, female | 8 | | owned businesses, and businesses owned by persons with | 9 | | disabilities during the preceding calendar year. The reports | 10 | | shall include a self-evaluation of the efforts of the | 11 | | organization licensee, inter-track wagering licensee, | 12 | | inter-track wagering location licensee, or advance deposit | 13 | | wagering licensee to meet its goals under this Section. | 14 | | (d) The organization licensee, inter-track wagering
| 15 | | licensee, inter-track wagering location licensee, or advance
| 16 | | deposit wagering licensee shall have the right to request a | 17 | | waiver from the requirements of this Section. The Board shall | 18 | | grant the waiver where the organization licensee, inter-track | 19 | | wagering
licensee, inter-track wagering location licensee, or | 20 | | advance
deposit wagering licensee demonstrates that there has | 21 | | been made a good faith effort to comply with the goals for | 22 | | participation by minority owned businesses, female
owned | 23 | | businesses, and businesses owned by persons with
disabilities. | 24 | | (e) If the Board determines that its goals and policies are | 25 | | not being met by any organization licensee, inter-track | 26 | | wagering licensee, inter-track wagering location licensee, or |
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| 1 | | advance 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 | 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, 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 | 11 | | Section 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 | 17 | | with a disability" have the meaning ascribed to them in the | 18 | | Business Enterprise for Minorities, Females, and Persons with | 19 | | Disabilities Act. | 20 | | (b) The Board shall, by rule, establish goals for the award | 21 | | of contracts by each owners licensee to businesses owned by | 22 | | minorities, females, and persons with disabilities, expressed | 23 | | as percentages of an owners licensee's total dollar amount of | 24 | | contracts awarded during each calendar year. Each owners |
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| 1 | | licensee must make every effort to meet the goals established | 2 | | by the Board pursuant to this Section. | 3 | | (c) Each owners licensee shall file with the Board an | 4 | | annual report of its utilization of minority owned businesses, | 5 | | female owned businesses, and businesses owned by persons with | 6 | | disabilities during the preceding calendar year. The reports | 7 | | shall include a self-evaluation of the efforts of the owners | 8 | | licensee to meet its goals under this Section. | 9 | | (d) The owners licensee shall have the right to request a | 10 | | waiver from the requirements of this Section. The Board shall | 11 | | grant the waiver where the owners licensee demonstrates that | 12 | | there has been made a good faith effort to comply with the | 13 | | goals for participation by minority owned businesses, female
| 14 | | owned businesses, and businesses owned by persons with
| 15 | | disabilities. | 16 | | (e) If the Board determines that its goals and policies are | 17 | | not 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 |
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| 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 | 23 | | year, an annual report that shall detail the level of | 24 | | achievement toward the goals specified in this Section over the | 25 | | 3 most recent fiscal years. The annual report shall include, | 26 | | but need not be limited to: |
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| 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 | 21 | | Section 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", |
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| 1 | | "minority owned business", "female", "female owned business", | 2 | | "person with a disability", and "business owned by a person | 3 | | with a disability" have the meaning ascribed to them in the | 4 | | Business Enterprise for Minorities, Females, and Persons with | 5 | | Disabilities Act. | 6 | | (b) The Board shall, by rule, establish goals for the award | 7 | | of contracts by each licensed establishment, licensed | 8 | | fraternal establishment, licensed veterans establishment, or | 9 | | terminal operator to businesses owned by minorities, females, | 10 | | and persons with disabilities, expressed as percentages of a | 11 | | licensed establishment's, licensed fraternal establishment's, | 12 | | licensed veterans establishment's, or terminal operator's | 13 | | total dollar amount of contracts awarded during each calendar | 14 | | year. Each licensed establishment, licensed fraternal | 15 | | establishment, licensed veterans establishment, or terminal | 16 | | operator must make every effort to meet the goals established | 17 | | by the Board pursuant to this Section. | 18 | | (c) Each licensed establishment, licensed fraternal | 19 | | establishment, licensed veterans establishment, or terminal | 20 | | operator shall file with the Board an annual report of its | 21 | | utilization of minority owned businesses, female owned | 22 | | businesses, and businesses owned by persons with disabilities | 23 | | during the preceding calendar year. The reports shall include a | 24 | | self-evaluation of the efforts of the licensed establishment, | 25 | | licensed fraternal establishment, licensed veterans | 26 | | establishment, or terminal operator to meet its goals under |
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| 1 | | this Section. | 2 | | (d) The licensed establishment, licensed fraternal | 3 | | establishment, licensed veterans establishment, or terminal | 4 | | operator shall have the right to request a waiver from the | 5 | | requirements of this Section. The Board shall grant the waiver | 6 | | where the licensed establishment, licensed fraternal | 7 | | establishment, licensed veterans establishment, or terminal | 8 | | operator demonstrates that there has been made a good faith | 9 | | effort to comply with the goals for participation by minority | 10 | | owned businesses, female
owned businesses, and businesses | 11 | | owned by persons with
disabilities. | 12 | | (e) If the Board determines that its goals and policies are | 13 | | not being met by any licensed establishment, licensed fraternal | 14 | | establishment, licensed veterans establishment, or terminal | 15 | | operator, 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 |
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| 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 | 23 | | year, an annual report that shall detail the level of | 24 | | achievement toward the goals specified in this Section over the | 25 | | 3 most recent fiscal years. The annual report shall include, | 26 | | but need not be limited to: |
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| 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 | 25 | | becoming law.
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