SR0068 101ST GENERAL ASSEMBLY

SR0068 LRB101 07976 JWD 53348 r

SENATE RESOLUTION

WHEREAS, Section 11 of Article V of the Illinois Constitution authorizes the Governor, by Executive Order, to reassign functions among or reorganize executive agencies that are directly responsible to the Governor; and

WHEREAS, Section 11 of Article V also provides (i) that if an Executive Order proposes a reassignment or reorganization that contravenes a statute, then the Executive Order must be delivered to the General Assembly and (ii) that either house of the General Assembly, by record vote of a majority of the members elected, may disapprove the Executive Order; and

WHEREAS, Section 3.2 of the Executive Reorganization Implementation Act provides that reorganization occurs when, among other circumstances, an Executive Order reassigns functions to executive agencies which are directly responsible to the Governor; and

WHEREAS, The Governor has issued Executive Order 2018-13, which proposes to transfer a portion of the jurisdiction of the Secretary of State over the licensing and operation of motor vehicles to the Department of Transportation; and

WHEREAS, Executive Order 2018-13 qualifies as an executive reorganization order and is subject to Article V, Section 11 of the Illinois Constitution and the Executive Reorganization Implementation Act because it attempts to reassign functions to an executive agency that is directly responsible to the Governor in contravention of statute, including the Illinois Vehicle Code; and

WHEREAS, Executive Order 2018-13 was delivered in its entirety to the Secretary of the Senate and the Clerk of the House of Representatives on October 25, 2018; and

WHEREAS, Section 11 of Article V also provides that where an executive reorganization order is delivered after April 1, the General Assembly shall consider the executive reorganization order at its next annual session, in which case the Executive Order shall be deemed to have been delivered on the first day of that annual session; and

WHEREAS, The first day of the next annual session of the General Assembly was January 9, 2019; and

WHEREAS, Section 11 of Article V also provides that no executive reorganization order may take effect until not less than 60 calendar days after its delivery to the General Assembly; and

WHEREAS, The 60-day period for the General Assembly to disapprove Executive Order 2018-13 expires on March 10, 2019; and

WHEREAS, Executive Order 2018-13 contains a severability clause that purports to preserve any portions of the Order not found invalid, thereby relying on the notion that the General Assembly does not have jurisdiction over Executive Order 2018-13 as a whole, but, instead, has the authority only to disapprove the portions that contravene a statute; and

WHEREAS, Section III of Executive Order 2018-13 states that the Order does not contravene and shall not be construed to contravene any State statute, regardless of the fact that the Order in its entirety was delivered to the General Assembly and regardless of the fact that the Order in its entirety modifies, changes, or alters the Illinois Vehicle Code so that the Code would have to be substantially amended to conform and be consistent with the changes effected in law by the reorganization; and

WHEREAS, Regardless of Section III, Executive Order 2018-13 would have the effect of transferring responsibilities from the Secretary of State, an independent Constitutional officer, to an executive agency which is directly responsible to the Governor, exceeding the authority of the Governor under Section 11 of Article V; and

WHEREAS, The General Assembly has the constitutional and statutory authority to consider each Executive Order that contravenes a statute; therefore, be it

RESOLVED, BY THE SENATE OF THE ONE HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that pursuant to Article V, Section 11 of the Illinois Constitution, the Senate hereby disapproves Executive Order 2018-13 in its entirety; and be it further

RESOLVED, That Executive Order 2018-13 shall not become effective; and be it further

RESOLVED, That copies of this resolution be delivered to the Governor, the Secretary of State, the Secretary of Transportation, and the Speaker of the House of Representatives.