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| Public Act 098-0490 | ||||
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AN ACT concerning gaming.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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
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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
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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
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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
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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
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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);
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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
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the average contract amount by each organization licensee | ||
or inter-track wagering licensee; | ||
(3) an analysis of the level of overall goal
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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
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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
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owned businesses, and businesses owned by persons with
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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
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achievement concerning purchases from minority owned | ||
businesses, female owned businesses, and businesses owned | ||
by persons with disabilities.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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