SB2962 97TH GENERAL ASSEMBLY

LRB097 16030 AMC 61182 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2962

Introduced 2/1/2012, by Sen. Annazette R. Collins

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.

A BILL FOR

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) Each organization licensee, inter-track wagering licensee, inter-track wagering location licensee, or advance deposit wagering licensee shall 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; provided, however, that of the total amount of all of the licensee's contracts awarded to businesses owned by minorities, females, and persons with disabilities pursuant to this Section, contracts representing at least 11% shall be awarded to businesses owned by minorities, contracts representing at least 7% shall be awarded to female owned businesses, and contracts representing at least 2% shall be awarded to businesses owned by persons with disabilities. The percentages expressed in this subsection (b) relate to the total dollar amount of contracts entered into by a licensee during each calendar year.

(c) Each organization licensee, inter-track wagering licensee, inter-track wagering location licensee, or advance deposit wagering licensee shall file with the Board 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. The Board shall review and approve or reject the plan based on the plan's compliance with this Section or any rules adopted pursuant to this Section. The compliance plan must also include without limitation (1) a policy statement, signed by the licensee, expressing a commitment to encourage the use of minority owned businesses, female owned businesses, and businesses owned by persons with disabilities, (2) procedures to distribute to potential contractors and vendors the list of all businesses legitimately classified as minority owned businesses, female owned businesses, and businesses owned by persons with disabilities, (3) procedures to set separate contract goals on specific prime contracts and purchase orders with subcontracting possibilities based upon the type of work or services and subcontractor availability, (4) procedures to ensure that contractors and vendors make good faith efforts to meet contract goals, (5) procedures for contract goal exemption, modification, and waiver, and (6) the delineation of separate contract goals for minority owned businesses, female owned businesses, and businesses owned by persons with disabilities.

(d) Each organization licensee, inter-track wagering licensee, inter-track wagering location licensee, or advance deposit 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, inter-track wagering licensee, inter-track wagering location licensee, or advance deposit wagering licensee to meet its goals under this Section.

(e) If the Board determines that its goals and policies are not being met by any organization licensee, inter-track wagering licensee, inter-track wagering location licensee, or advance deposit wagering licensee, then the Board may:

(1) recommend to the appropriate organization licensee, inter-track wagering licensee, inter-track wagering location licensee, or advance deposit wagering licensee that legal or administrative remedies be initiated for violations of contract provisions or rules issued under this Section or by a contracting organization licensee, inter-track wagering licensee, inter-track wagering location licensee, or advance deposit wagering licensee. Organization licensees, inter-track wagering licensees, inter-track wagering location licensees, or advance deposit wagering licensees shall be authorized to adopt remedies for such violations, which may include (A) termination of the contract involved, (B) prohibition of participation of the respondents in contracts with the licensee for a period not to exceed one year, (C) imposition of a penalty not to exceed any profit acquired as a result of violation, or (D) any combination of items (A) through (C); and

(2) if the Board concludes that a compliance plan submitted under this Section is unlikely to produce the participation goals for minority owned businesses, female owned businesses, and businesses owned by persons with disabilities within the then current calendar year, recommend that the organization licensee, inter-track wagering licensee, inter-track wagering location licensee, or advance deposit wagering licensee revise its plan to provide additional opportunities for participation by minority owned businesses, female owned businesses, and businesses owned by persons with disabilities; such recommended revisions 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, inter-track wagering licensee, inter-track wagering location licensee, or advance deposit wagering licensee;

(2) a summary of the number of contracts awarded and the average contract amount by each organization licensee, inter-track wagering licensee, inter-track wagering location licensee, or advance deposit 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) Each owners licensee shall establish as a goal the award of not less than 20% of the total dollar amount of the owners licensee's contracts to minority owned businesses, female owned businesses, and businesses owned by persons with disabilities; provided, however, that of the total amount of all of the owners licensee's contracts awarded to businesses owned by minorities, females, and persons with disabilities pursuant to this Section, contracts representing at least 11% shall be awarded to businesses owned by minorities, contracts representing at least 7% shall be awarded to female owned businesses, and contracts representing at least 2% shall be awarded to businesses owned by persons with disabilities. The percentages expressed in this subsection (b) relate to the total dollar amount of contracts entered into by an owners licensee during each calendar year.

(c) Each owners licensee shall file with the Board an annual compliance plan, which shall outline the goals of the owners 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. The Board shall review and approve or reject the plan based on the plan's compliance with this Section or any rules adopted pursuant to this Section. The compliance plan must also include without limitation (1) a policy statement, signed by the owners licensee, expressing a commitment to encourage the use of minority owned businesses, female owned businesses, and businesses owned by persons with disabilities, (2) procedures to distribute to potential contractors and vendors the list of all businesses legitimately classified as minority owned businesses, female owned businesses, and businesses owned by persons with disabilities, (3) procedures to set separate contract goals on specific prime contracts and purchase orders with subcontracting possibilities based upon the type of work or services and subcontractor availability, (4) procedures to ensure that contractors and vendors make good faith efforts to meet contract goals, (5) procedures for contract goal exemption, modification, and waiver, and (6) the delineation of separate contract goals for minority owned businesses, female owned businesses, and businesses owned by persons with disabilities.

(d) 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.

(e) If the Board determines that its goals and policies are not being met by any owners licensee, then the Board may:

(1) recommend to the appropriate owners licensee that legal or administrative remedies be initiated for violations of contract provisions or rules issued under this Section or by a contracting owners licensee. Owners licensees shall be authorized to adopt remedies for such violations, which may include (A) termination of the contract involved, (B) prohibition of participation of the respondents in contracts with the owners licensee for a period not to exceed one year, (C) imposition of a penalty not to exceed any profit acquired as a result of violation, or (D) any combination of items (A) through (C); and

(2) if the Board concludes that a compliance plan submitted under this Section is unlikely to produce the participation goals for minority owned businesses, female owned businesses, and businesses owned by persons with disabilities within the then current calendar year, recommend that the owners licensee revise its plan to provide additional opportunities for participation by minority owned businesses, female owned businesses, and businesses owned by persons with disabilities; such recommended revisions 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;

(2) a summary of the number of contracts awarded and the average contract amount by each owners 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 15. The Video Gaming Act is amended by adding Section 28 as follows:

(230 ILCS 40/28 new)

Sec. 28. 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) Each licensed establishment, licensed truck stop establishment, licensed fraternal establishment, licensed veterans establishment, or terminal operator shall 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; provided, however, that of the total amount of all of the licensee's contracts awarded to businesses owned by minorities, females, and persons with disabilities pursuant to this Section, contracts representing at least 11% shall be awarded to businesses owned by minorities, contracts representing at least 7% shall be awarded to female owned businesses, and contracts representing at least 2% shall be awarded to businesses owned by persons with disabilities. The percentages expressed in this subsection (b) relate to the total dollar amount of contracts entered into by a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, licensed veterans establishment, or terminal operator during each calendar year.

(c) Each licensed establishment, licensed truck stop establishment, licensed fraternal establishment, licensed veterans establishment, or terminal operator shall file with the Board 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. The Board shall review and approve or reject the plan based on the plan's compliance with this Section or any rules adopted pursuant to this Section. The compliance plan must also include without limitation (1) a policy statement, signed by the licensed establishment, licensed truck stop establishment, licensed fraternal establishment, licensed veterans establishment, or terminal operator, expressing a commitment to encourage the use of minority owned businesses, female owned businesses, and businesses owned by persons with disabilities, (2) procedures to distribute to potential contractors and vendors the list of all businesses legitimately classified as minority owned businesses, female owned businesses, and businesses owned by persons with disabilities, (3) procedures to set separate contract goals on specific prime contracts and purchase orders with subcontracting possibilities based upon the type of work or services and subcontractor availability, (4) procedures to ensure that contractors and vendors make good faith efforts to meet contract goals, (5) procedures for contract goal exemption, modification, and waiver, and (6) the delineation of separate contract goals for minority owned businesses, female owned businesses, and businesses owned by persons with disabilities.

(d) Each licensed establishment, licensed truck stop establishment, licensed fraternal establishment, licensed veterans establishment, or terminal operator 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 licensed establishment, licensed truck stop establishment, licensed fraternal establishment, licensed veterans establishment, or terminal operator to meet its goals under this Section.

(e) If the Board determines that its goals and policies are not being met by any licensed establishment, licensed truck stop establishment, licensed fraternal establishment, licensed veterans establishment, or terminal operator, then the Board may:

(1) recommend to the appropriate licensed establishment, licensed truck stop establishment, licensed fraternal establishment, licensed veterans establishment, or terminal operator that legal or administrative remedies be initiated for violations of contract provisions or rules issued under this Section or by a contracting licensed establishment, licensed truck stop establishment, licensed fraternal establishment, licensed veterans establishment, or terminal operator. Licensed establishments, licensed truck stop establishments, licensed fraternal establishments, licensed veterans establishments, or terminal operators shall be authorized to adopt remedies for such violations, which may include (A) termination of the contract involved, (B) prohibition of participation of the respondents in contracts with the licensed establishment, licensed truck stop establishment, licensed fraternal establishment, licensed veterans establishment, or terminal operator for a period not to exceed one year, (C) imposition of a penalty not to exceed any profit acquired as a result of violation, or (D) any combination of items (A) through (C); and

(2) if the Board concludes that a compliance plan submitted under this Section is unlikely to produce the participation goals for minority owned businesses, female owned businesses, and businesses owned by persons with disabilities within the then current calendar year, recommend that the licensed establishment, licensed truck stop establishment, licensed fraternal establishment, licensed veterans establishment, or terminal operator revise its plan to provide additional opportunities for participation by minority owned businesses, female owned businesses, and businesses owned by persons with disabilities; such recommended revisions 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 licensed establishment, licensed truck stop establishment, licensed fraternal establishment, licensed veterans establishment, or terminal operator;

(2) a summary of the number of contracts awarded and the average contract amount by each licensed establishment, licensed truck stop establishment, licensed fraternal establishment, licensed veterans establishment, or terminal operator;

(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 99. Effective date. This Act takes effect upon becoming law.