SR0247LRB097 11968 JDS 55571 r

1
SENATE RESOLUTION

 
2    WHEREAS, Section 11 of Article V of the Illinois
3Constitution authorizes the Governor, by Executive Order, to
4reassign functions among or reorganize executive agencies that
5are directly responsible to the Governor; and
 
6    WHEREAS, Section 11 of Article V also provides (i) that if
7an Executive Order proposes a reassignment or reorganization
8that contravenes a statute, then the Executive Order must be
9delivered to the General Assembly and (ii) that either house of
10the General Assembly, by record vote of a majority of the
11members elected, may disapprove the Executive Order; and
 
12    WHEREAS, The Governor has issued the following: Executive
13Order 11-01, which proposes to reorganize and to reassign
14certain State healthcare purchasing powers from the Department
15of Healthcare and Family Services to the Department of Central
16Management Services, the Department of Corrections, the
17Department of Juvenile Justice, the Department of Human
18Services, and the Department of Veterans' Affairs; Executive
19Order 11-02, which proposes to reorganize and to reassign the
20Illinois Onsite Safety and Health Consultation Program (OSHA
21Program) from the Department of Commerce and Economic
22Opportunity to the Department of Labor; and Executive Order
2311-03, which proposes to reorganize and to reassign the

 

 

SR0247- 2 -LRB097 11968 JDS 55571 r

1Carnival and Amusement Ride Inspection Division of the
2Department of Labor to the Department of Agriculture; and
 
3    WHEREAS, These proposed reorganizations and reassignments
4contravene numerous statutes, including those listed in
5Executive Orders 11-01, 11-02, and 11-03; and
 
6    WHEREAS, Section 4 of the Executive Reorganization
7Implementation Act (15 ILCS 15/4) sets forth procedures and
8requirements regarding Executive Orders issued under Section
911 of Article V of the Illinois Constitution; and
 
10    WHEREAS, Several constitutional and statutory requirements
11were not met in the case of Executive Orders 11-01, 11-02, and
1211-03, thus rendering them defective; therefore, be it
 
13    RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL
14ASSEMBLY OF THE STATE OF ILLINOIS, that, in the course of
15prudence and in order to bring clarity to the status and effect
16of those Executive Orders, we hereby disapprove Executive
17Orders 11-01, 11-02, and 11-03 in their entirety, and they
18shall not become effective; and be it further
 
19    RESOLVED, That copies of this resolution be delivered to
20the Governor and the Speaker of the House of Representatives.