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.