Executive Order Number 15-12

EXECUTIVE ORDER TO ENSURE EQUAL OPPORTUNITY
IS PROVIDED TO ALL ILLINOIS PERSONS AND BUSINESSES

WHEREAS, Illinois benefits from a diverse, multi-ethnic population, which contributes to the success of our economy and the character of our community; and

WHEREAS, despite this bountiful diversity, the unemployment rate for persons of diverse backgrounds is significantly higher than the general unemployment rate in Illinois, and the amount spent by the State of Illinois with businesses owned by such persons is disproportionately lower than their presence in the State; and

WHEREAS, Illinois is home to more than 800,000 veterans, who have dutifully served their country and this State and, after their military service, desire to use their talents to provide for themselves, their families, and their communities; and

WHEREAS, ensuring that employment and business opportunities are open to all persons and business, including in particular those of diverse backgrounds and veterans, is critical to ensuring that Illinois’s economy grows and our community strengthens and to avoiding the perils of financial hardship;

THEREFORE, I, Bruce Rauner, Governor of Illinois, by virtue of the executive authority vested in me by Section 8 of Article V of the Constitution of the State of Illinois, do hereby order as follows:

I.          DEFINITIONS

As used in this Executive Order:

“CMS” means the Illinois Department of Central Management Services.

“Disadvantaged Business Enterprise” means a “minority-owned business,” “female-owned business,” or “business owned by a person with a disability,” in each case as such term is defined by Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act (30 ILCS 575/2).

“Labor Organization” has the meaning provided in the Illinois Public Labor Relations Act (5 ILCS 315/3(i)).

“Minority Person” has the meaning provided by Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act (30 ILCS 575/2).

“State Contract” means a contract executed by a State Agency on behalf of the Executive Branch of the State of Illinois, including, but not limited to, a Responsible Bidder Contract that is subject to the requirements of Section 30-22 of the Illinois Procurement Code (30 ILCS 500/30-22), and a Collective Bargaining Agreement as provided by the Illinois Public Labor Relations Act (5 ILCS 315/1 et seq.).

“State Agency” means any officer, department, agency, board, commission, or authority of the Executive Branch of the State of Illinois.

“Veteran” has the meaning provided by Section 45-57 of the Illinois Procurement Code (30 ILCS 500/45-57).

“Veteran-Owned Business” means a “qualified service-disabled veteran-owned small businesses” or “veteran-owned small businesses ,” in each case as such term is defined by Section 45-57 of the Illinois Procurement Code (30 ILCS 500/45-57).

II.        REPORTING ON APPRENTICESHIP AND TRAINING OPPORTUNITIES

Each State Agency shall require each Labor Organization or contractor that is a party to a State Contract currently in effect, or that enters into a State Contract after the effective date of this Executive Order, to obtain and report to the State Agency within thirty (30) days of that request the total number of participants in any apprenticeship and training programs offered by the Labor Organization, or contractor and its subcontractors, the total number of participants who are (a) Minority Persons and (b) Veterans, and the percentage of total participants who are (a) Minority Persons and (b) Veterans.

III.       VETERAN HIRING

CMS shall conduct a thorough review of all goals, preferences and considerations provided under State law and regulations concerning the hiring and training of Veterans and the award of contracts to Veteran-Owned Businesses. CMS shall provide a report summarizing its findings to the Governor’s Office by June 30, 2015.

IV.       DISPARITY STUDY

CMS shall conduct, or cause to be conducted, a thorough, detailed study of participation by Disadvantaged Business Enterprises and Veteran-Owned Businesses in State of Illinois procurement opportunities. Such study shall include recommended solutions and methods to address any disparity in procurement awards, including any statutory or regulatory amendments that may be needed. Such study shall be submitted to the Governor and to the General Assembly not later than December 31, 2015.

V.        SAVINGS CLAUSE

This Executive Order does not contravene and shall not be construed to contravene any State or federal law or any collective bargaining agreement.

VI.       SEVERABILITY CLAUSE

If any part of this Executive Order is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

VII.     EFFECTIVE DATE

This Executive Order shall take effect immediately upon filing with the Secretary of State.

 

Bruce Rauner, Governor

Issued by the Governor: January 19, 2015

Filed with the Secretary of State: January 20, 2015