97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4466
 
Introduced 1/30/2012, by Rep. William Davis
 
SYNOPSIS AS INTRODUCED:
 

 
230 ILCS 5/12.2 new
230 ILCS 10/7.6 new
230 ILCS 40/28 new

     Amends the Illinois Horse Racing Act of 1975, the Riverboat Gambling Act, and the Video Gaming Act. Requires licensees under the Acts to establish as a goal the award of  not less than 20% of the total dollar amount of the licensee's contracts to minority owned businesses, female owned businesses, and businesses owned by persons with disabilities. Requires the licensees to file with the appropriate Board (i) an annual compliance plan, which shall outline the goals of the licensee for contracting with minority owned businesses, female owned businesses, and businesses owned by persons with disabilities for the calendar year, the manner in which the agency intends to reach these goals, and a timetable for reaching these goals and (ii) 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, which shall include a self-evaluation of the efforts of the owners licensee to meet its goals under this Section. Requires the Illinois Racing Board and the Illinois Gaming Board to file annual reports that shall detail the level of achievement toward the goals over the 3 most recent fiscal years. Effective immediately.
  


LRB097 16029 AMC 61181 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB4466LRB097 16029 AMC 61181 b


  
1    AN ACT concerning gaming.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Horse Racing Act of 1975 is amended  
5by 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 
11with a disability" have the meaning ascribed to them in the 
12Business Enterprise for Minorities, Females, and Persons with 
13Disabilities Act. 
14    (b) Each organization licensee, inter-track wagering 
15licensee, inter-track wagering location licensee, or advance 
16deposit wagering licensee  shall establish as a goal the award 
17of  not less than 20% of the total dollar amount of the 
18licensee's contracts to minority owned businesses, female 
19owned businesses, and businesses owned by persons with 
20disabilities; provided, however, that of the total amount of 
21all of the licensee's contracts awarded to businesses owned by 
22minorities, females, and persons with disabilities pursuant to 
23this Section, contracts representing at least 11% shall be 
 
 
HB4466- 2 -LRB097 16029 AMC 61181 b

1awarded to businesses owned by minorities, contracts 
2representing at least 7% shall be awarded to female owned 
3businesses, and contracts representing at least 2% shall be 
4awarded to businesses owned by persons with disabilities.
    The 
5percentages expressed in this subsection (b)  relate to the 
6total dollar amount of contracts entered into by a licensee 
7during each calendar year.
8    (c) Each organization licensee, inter-track wagering 
9licensee, inter-track wagering location licensee, or advance 
10deposit wagering licensee shall file with the Board an annual 
11compliance plan, which shall outline the goals of the licensee 
12for contracting with minority owned businesses, female owned 
13businesses, and businesses owned by persons with disabilities 
14for the calendar year, the manner in which the agency intends 
15to reach these goals, and a timetable for reaching these goals. 
16The Board shall review and approve or reject the plan based on 
17the plan's compliance with this Section or any rules adopted 
18pursuant to this Section.
    The compliance plan must also include 
19without limitation (1) a policy statement, signed by the 
20licensee, expressing a commitment to encourage the use of 
21minority owned businesses, female owned businesses, and 
22businesses owned by persons with disabilities, (2) procedures 
23to distribute to potential contractors and vendors the list of 
24all businesses legitimately classified as minority owned 
25businesses, female owned businesses, and businesses owned by 
26persons with disabilities, (3) procedures to set separate 
 
 
HB4466- 3 -LRB097 16029 AMC 61181 b

1contract goals on specific prime contracts and purchase orders 
2with subcontracting possibilities based upon the type of work 
3or services and subcontractor availability, (4) procedures to 
4ensure that contractors and vendors make good faith efforts to 
5meet contract goals, (5) procedures for contract goal 
6exemption, modification, and waiver, and (6) the delineation of 
7separate contract goals for minority owned businesses, female 
8owned businesses, and businesses owned by persons with 
9disabilities.
10    (d) Each organization licensee, inter-track wagering 
11licensee, inter-track wagering location licensee, or advance 
12deposit wagering licensee shall file with the Board an annual 
13report of its utilization of minority owned businesses, female 
14owned businesses, and businesses owned by persons with 
15disabilities during the preceding calendar year. The reports 
16shall include a self-evaluation of the efforts of the 
17organization licensee, inter-track wagering licensee, 
18inter-track wagering location licensee, or advance deposit 
19wagering licensee to meet its goals under this Section.
20    (e) If the Board determines that its goals and policies are 
21not being met by any organization licensee, inter-track 
22wagering licensee, inter-track wagering location licensee, or 
23advance deposit wagering licensee, then the Board may:
24        (1) recommend to the appropriate organization 
25    licensee, inter-track wagering licensee, inter-track 
26    wagering location licensee, or advance deposit wagering 
 
 
HB4466- 4 -LRB097 16029 AMC 61181 b

1    licensee that legal or administrative remedies be 
2    initiated for violations of contract provisions or rules 
3    issued under this Section or by a contracting organization 
4    licensee, inter-track wagering licensee, inter-track 
5    wagering location licensee, or advance deposit wagering 
6    licensee. Organization licensees, inter-track wagering 
7    licensees, inter-track wagering location licensees, or 
8    advance deposit wagering licensees shall be authorized to 
9    adopt remedies for such violations, which may include (A) 
10    termination of the contract involved, (B) prohibition of 
11    participation of the respondents in contracts with the 
12    licensee for a period not to exceed one year, (C) 
13    imposition of a penalty not to exceed any profit acquired 
14    as a result of violation, or (D) any combination of items 
15    (A) through (C); and
16        (2) if the Board concludes that a compliance plan 
17    submitted under this Section is unlikely to produce the 
18    participation goals for minority owned businesses, female 
19    owned businesses, and businesses owned by persons with 
20    disabilities within the then current calendar year, 
21    recommend that the organization licensee, inter-track 
22    wagering licensee, inter-track wagering location licensee, 
23    or advance deposit wagering licensee revise its plan to 
24    provide additional opportunities for participation by 
25    minority owned businesses, female owned businesses, and 
26    businesses owned by persons with disabilities; such 
 
 
HB4466- 5 -LRB097 16029 AMC 61181 b

1    recommended revisions may include, but shall not be limited 
2    to:
3            (A) assurances of stronger and better focused
     
4        solicitation efforts to obtain more minority owned 
5        businesses, female owned businesses, and businesses 
6        owned by persons with disabilities as potential 
7        sources of supply;
8            (B) division of job or project requirements, when
     
9        economically feasible, into tasks or quantities to 
10        permit participation of minority owned businesses, 
11        female owned businesses, and businesses owned by 
12        persons with disabilities;
13            (C) elimination of extended experience or
     
14        capitalization requirements, when programmatically 
15        feasible, to permit participation of minority owned 
16        businesses, female owned businesses, and businesses 
17        owned by persons with disabilities;
18            (D) identification of specific proposed contracts 
19        as
     particularly attractive or appropriate for 
20        participation by minority owned businesses, female 
21        owned businesses, and businesses owned by persons with 
22        disabilities, such identification to result from and 
23        be coupled with the efforts of items (A) through (C);

        
24        and
25            (E) implementation of regulations established
     for 
26        the use of the sheltered market process. 
 
 
HB4466- 6 -LRB097 16029 AMC 61181 b

1    (f) The Board shall file, no later than March 1 of each 
2year, an annual report that shall detail the level of 
3achievement toward the goals specified in this Section over the 
43 most recent fiscal years. The annual report shall include, 
5but need not be limited to:
6        (1) a summary detailing expenditures subject
     to the 
7    goals, the actual goals specified, and the goals attained 
8    by each organization licensee, inter-track wagering 
9    licensee, inter-track wagering location licensee, or 
10    advance deposit wagering licensee;
11        (2) a summary of the number of contracts awarded and
     
12    the average contract amount by each organization licensee, 
13    inter-track wagering licensee, inter-track wagering 
14    location licensee, or advance deposit wagering licensee;
15        (3) an analysis of the level of overall goal
     
16    achievement concerning purchases from minority owned 
17    businesses, female owned businesses, and businesses owned 
18    by persons with disabilities;
19        (4) an analysis of the number of minority owned 
20    businesses, female owned businesses, and businesses owned 
21    by persons with disabilities that are certified under the 
22    program as well as the number of those businesses that 
23    received State procurement contracts; and
24        (5) a summary of the number of contracts awarded to
     
25    businesses with annual gross sales of less than $1,000,000; 
26    of $1,000,000 or more, but less than $5,000,000; of 
 
 
HB4466- 7 -LRB097 16029 AMC 61181 b

1    $5,000,000 or more, but less than $10,000,000; and of 
2    $10,000,000 or more. 
 
3    Section 10. The Riverboat Gambling Act is amended by adding 
4Section 7.6 as follows:
 
5    (230 ILCS 10/7.6 new)
6    Sec. 7.6. Business enterprise program. 
7    (a) For the purposes of this Section, the terms "minority", 
8"minority owned business", "female", "female owned business", 
9"person with a disability", and "business owned by a person 
10with a disability" have the meaning ascribed to them in the 
11Business Enterprise for Minorities, Females, and Persons with 
12Disabilities Act. 
13    (b) Each owners licensee  shall establish as a goal the 
14award of  not less than 20% of the total dollar amount of the 
15owners licensee's contracts to minority owned businesses, 
16female owned businesses, and businesses owned by persons with 
17disabilities; provided, however, that of the total amount of 
18all of the owners licensee's contracts awarded to businesses 
19owned by minorities, females, and persons with disabilities 
20pursuant to this Section, contracts representing at least 11% 
21shall be awarded to businesses owned by minorities, contracts 
22representing at least 7% shall be awarded to female owned 
23businesses, and contracts representing at least 2% shall be 
24awarded to businesses owned by persons with disabilities.
    The 
 
 
HB4466- 8 -LRB097 16029 AMC 61181 b

1percentages expressed in this subsection (b)  relate to the 
2total dollar amount of contracts entered into by an owners 
3licensee during each calendar year.
4    (c) Each owners licensee shall file with the Board an 
5annual compliance plan, which shall outline the goals of the 
6owners licensee for contracting with minority owned 
7businesses, female owned businesses, and businesses owned by 
8persons with disabilities for the calendar year, the manner in 
9which the agency intends to reach these goals, and a timetable 
10for reaching these goals. The Board shall review and approve or 
11reject the plan based on the plan's compliance with this 
12Section or any rules adopted pursuant to this Section.
    The 
13compliance plan must also include without limitation (1) a 
14policy statement, signed by the owners licensee, expressing a 
15commitment to encourage the use of minority owned businesses, 
16female owned businesses, and businesses owned by persons with 
17disabilities, (2) procedures to distribute to potential 
18contractors and vendors the list of all businesses legitimately 
19classified as minority owned businesses, female owned 
20businesses, and businesses owned by persons with disabilities, 
21(3) procedures to set separate contract goals on specific prime 
22contracts and purchase orders with subcontracting 
23possibilities based upon the type of work or services and 
24subcontractor availability, (4) procedures to ensure that 
25contractors and vendors make good faith efforts to meet 
26contract goals, (5) procedures for contract goal exemption, 
 
 
HB4466- 9 -LRB097 16029 AMC 61181 b

1modification, and waiver, and (6) the delineation of separate 
2contract goals for minority owned businesses, female owned 
3businesses, and businesses owned by persons with disabilities.
4    (d) Each owners licensee shall file with the Board an 
5annual report of its utilization of minority owned businesses, 
6female owned businesses, and businesses owned by persons with 
7disabilities during the preceding calendar year. The reports 
8shall include a self-evaluation of the efforts of the owners 
9licensee to meet its goals under this Section.
10    (e) If the Board determines that its goals and policies are 
11not being met by any owners licensee, then the Board may:
12        (1) recommend to the appropriate owners licensee that 
13    legal or administrative remedies be initiated for 
14    violations of contract provisions or rules issued under 
15    this Section or by a contracting owners licensee. Owners 
16    licensees shall be authorized to adopt remedies for such 
17    violations, which may include (A) termination of the 
18    contract involved, (B) prohibition of participation of the 
19    respondents in contracts with the owners licensee for a 
20    period not to exceed one year, (C) imposition of a penalty 
21    not to exceed any profit acquired as a result of violation, 
22    or (D) any combination of items (A) through (C); and
23        (2) if the Board concludes that a compliance plan 
24    submitted under this Section is unlikely to produce the 
25    participation goals for minority owned businesses, female 
26    owned businesses, and businesses owned by persons with 
 
 
HB4466- 10 -LRB097 16029 AMC 61181 b

1    disabilities within the then current calendar year, 
2    recommend that the owners licensee revise its plan to 
3    provide additional opportunities for participation by 
4    minority owned businesses, female owned businesses, and 
5    businesses owned by persons with disabilities; such 
6    recommended revisions may include, but shall not be limited 
7    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 
 
 
HB4466- 11 -LRB097 16029 AMC 61181 b

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 
7year, an annual report that shall detail the level of 
8achievement toward the goals specified in this Section over the 
93 most recent fiscal years. The annual report shall include, 
10but 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;
14        (2) a summary of the number of contracts awarded and
     
15    the average contract amount by each owners licensee;
16        (3) an analysis of the level of overall goal
     
17    achievement concerning purchases from minority owned 
18    businesses, female owned businesses, and businesses owned 
19    by persons with disabilities;
20        (4) an analysis of the number of minority owned 
21    businesses, female owned businesses, and businesses owned 
22    by persons with disabilities that are certified under the 
23    program as well as the number of those businesses that 
24    received State procurement contracts; and
25        (5) a summary of the number of contracts awarded to
     
26    businesses with annual gross sales of less than $1,000,000; 
 
 
HB4466- 12 -LRB097 16029 AMC 61181 b

1    of $1,000,000 or more, but less than $5,000,000; of 
2    $5,000,000 or more, but less than $10,000,000; and of 
3    $10,000,000 or more. 
 
4    Section 15. The Video Gaming
Act is amended by adding 
5Section 28 as follows:
 
6    (230 ILCS 40/28 new)
7    Sec. 28. 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 
11with a disability" have the meaning ascribed to them in the 
12Business Enterprise for Minorities, Females, and Persons with 
13Disabilities Act. 
14    (b) Each licensed establishment, licensed truck stop 
15establishment, licensed fraternal establishment, licensed 
16veterans establishment, or terminal operator  shall establish 
17as a goal the award of  not less than 20% of the total dollar 
18amount of the licensee's contracts to minority owned 
19businesses, female owned businesses, and businesses owned by 
20persons with disabilities; provided, however, that of the total 
21amount of all of the licensee's contracts awarded to businesses 
22owned by minorities, females, and persons with disabilities 
23pursuant to this Section, contracts representing at least 11% 
24shall be awarded to businesses owned by minorities, contracts 
 
 
HB4466- 13 -LRB097 16029 AMC 61181 b

1representing at least 7% shall be awarded to female owned 
2businesses, and contracts representing at least 2% shall be 
3awarded to businesses owned by persons with disabilities.
    The 
4percentages expressed in this subsection (b)  relate to the 
5total dollar amount of contracts entered into by a licensed 
6establishment, licensed truck stop establishment, licensed 
7fraternal establishment, licensed veterans establishment, or 
8terminal operator during each calendar year.
9    (c) Each licensed establishment, licensed truck stop 
10establishment, licensed fraternal establishment, licensed 
11veterans establishment, or terminal operator shall file with 
12the Board an annual compliance plan, which shall outline the 
13goals of the licensee for contracting with minority owned 
14businesses, female owned businesses, and businesses owned by 
15persons with disabilities for the calendar year, the manner in 
16which the agency intends to reach these goals, and a timetable 
17for reaching these goals. The Board shall review and approve or 
18reject the plan based on the plan's compliance with this 
19Section or any rules adopted pursuant to this Section.
    The 
20compliance plan must also include without limitation (1) a 
21policy statement, signed by the licensed establishment, 
22licensed truck stop establishment, licensed fraternal 
23establishment, licensed veterans establishment, or terminal 
24operator, expressing a commitment to encourage the use of 
25minority owned businesses, female owned businesses, and 
26businesses owned by persons with disabilities, (2) procedures 
 
 
HB4466- 14 -LRB097 16029 AMC 61181 b

1to distribute to potential contractors and vendors the list of 
2all businesses legitimately classified as minority owned 
3businesses, female owned businesses, and businesses owned by 
4persons with disabilities, (3) procedures to set separate 
5contract goals on specific prime contracts and purchase orders 
6with subcontracting possibilities based upon the type of work 
7or services and subcontractor availability, (4) procedures to 
8ensure that contractors and vendors make good faith efforts to 
9meet contract goals, (5) procedures for contract goal 
10exemption, modification, and waiver, and (6) the delineation of 
11separate contract goals for minority owned businesses, female 
12owned businesses, and businesses owned by persons with 
13disabilities.
14    (d) Each licensed establishment, licensed truck stop 
15establishment, licensed fraternal establishment, licensed 
16veterans establishment, or terminal operator shall file with 
17the Board an annual report of its utilization of minority owned 
18businesses, female owned businesses, and businesses owned by 
19persons with disabilities during the preceding calendar year. 
20The reports shall include a self-evaluation of the efforts of 
21the licensed establishment, licensed truck stop establishment, 
22licensed fraternal establishment, licensed veterans 
23establishment, or terminal operator to meet its goals under 
24this Section.
25    (e) If the Board determines that its goals and policies are 
26not being met by any licensed establishment, licensed truck 
 
 
HB4466- 15 -LRB097 16029 AMC 61181 b

1stop establishment, licensed fraternal establishment, licensed 
2veterans establishment, or terminal operator, then the Board 
3may:
4        (1) recommend to the appropriate licensed 
5    establishment, licensed truck stop establishment, licensed 
6    fraternal establishment, licensed veterans establishment, 
7    or terminal operator that legal or administrative remedies 
8    be initiated for violations of contract provisions or rules 
9    issued under this Section or by a contracting licensed 
10    establishment, licensed truck stop establishment, licensed 
11    fraternal establishment, licensed veterans establishment, 
12    or terminal operator. Licensed establishments, licensed 
13    truck stop establishments, licensed fraternal 
14    establishments, licensed veterans establishments, or 
15    terminal operators shall be authorized to adopt remedies 
16    for such violations, which may include (A) termination of 
17    the contract involved, (B) prohibition of participation of 
18    the respondents in contracts with the licensed 
19    establishment, licensed truck stop establishment, licensed 
20    fraternal establishment, licensed veterans establishment, 
21    or terminal operator for a period not to exceed one year, 
22    (C) imposition of a penalty not to exceed any profit 
23    acquired as a result of violation, or (D) any combination 
24    of items (A) through (C); and
25        (2) if the Board concludes that a compliance plan 
26    submitted under this Section is unlikely to produce the 
 
 
HB4466- 16 -LRB097 16029 AMC 61181 b

1    participation goals for minority owned businesses, female 
2    owned businesses, and businesses owned by persons with 
3    disabilities within the then current calendar year, 
4    recommend that the licensed establishment, licensed truck 
5    stop establishment, licensed fraternal establishment, 
6    licensed veterans establishment, or terminal operator 
7    revise its plan to provide additional opportunities for 
8    participation by minority owned businesses, female owned 
9    businesses, and businesses owned by persons with 
10    disabilities; such recommended revisions may include, but 
11    shall not be limited to:
12            (A) assurances of stronger and better focused
     
13        solicitation efforts to obtain more minority owned 
14        businesses, female owned businesses, and businesses 
15        owned by persons with disabilities as potential 
16        sources of supply;
17            (B) division of job or project requirements, when
     
18        economically feasible, into tasks or quantities to 
19        permit participation of minority owned businesses, 
20        female owned businesses, and businesses owned by 
21        persons with disabilities;
22            (C) elimination of extended experience or
     
23        capitalization requirements, when programmatically 
24        feasible, to permit participation of minority owned 
25        businesses, female owned businesses, and businesses 
26        owned by persons with disabilities;
 
 
HB4466- 17 -LRB097 16029 AMC 61181 b

1            (D) identification of specific proposed contracts 
2        as
     particularly attractive or appropriate for 
3        participation by minority owned businesses, female 
4        owned businesses, and businesses owned by persons with 
5        disabilities, such identification to result from and 
6        be coupled with the efforts of items (A) through (C);

        
7        and
8            (E) implementation of regulations established
     for 
9        the use of the sheltered market process. 
10    (f) The Board shall file, no later than March 1 of each 
11year, an annual report that shall detail the level of 
12achievement toward the goals specified in this Section over the 
133 most recent fiscal years. The annual report shall include, 
14but need not be limited to:
15        (1) a summary detailing expenditures subject
     to the 
16    goals, the actual goals specified, and the goals attained 
17    by each licensed establishment, licensed truck stop 
18    establishment, licensed fraternal establishment, licensed 
19    veterans establishment, or terminal operator;
20        (2) a summary of the number of contracts awarded and
     
21    the average contract amount by each licensed 
22    establishment, licensed truck stop establishment, licensed 
23    fraternal establishment, licensed veterans establishment, 
24    or terminal operator;
25        (3) an analysis of the level of overall goal
     
26    achievement concerning purchases from minority owned 
 
 
HB4466- 18 -LRB097 16029 AMC 61181 b

1    businesses, female owned businesses, and businesses owned 
2    by persons with disabilities;
3        (4) an analysis of the number of minority owned 
4    businesses, female owned businesses, and businesses owned 
5    by persons with disabilities that are certified under the 
6    program as well as the number of those businesses that 
7    received State procurement contracts; and
8        (5) a summary of the number of contracts awarded to
     
9    businesses with annual gross sales of less than $1,000,000; 
10    of $1,000,000 or more, but less than $5,000,000; of 
11    $5,000,000 or more, but less than $10,000,000; and of 
12    $10,000,000 or more. 
 
 
13    Section 99. Effective date. This Act takes effect upon 
14becoming law.