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.

Effective Date: 8/16/2013