SR0146 98TH GENERAL ASSEMBLY

SR0146 LRB098 11242 JDS 42224 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 4 of the Executive Reorganization Implementation Act sets forth procedures and requirements regarding Executive Orders issued under Section 11 of Article V of the Illinois Constitution; and

WHEREAS, Section 3.2 of the Executive Reorganization Implementation Act provides that a reorganization occurs when, among other things, an Executive Order either transfers "any part of any agency . . . or any part of the functions thereof, to the jurisdiction and control of any other agency" or directs "the consolidation or coordination of . . . any part of any agency or any part of the functions thereof, with the whole or any part of any other agency or the functions thereof"; and

WHEREAS, Section 3.1 of the Executive Reorganization Implementation Act specifies that the term "agency directly responsible to the Governor" includes, subject to limited exceptions, any office, officer, division, or part thereof, and any other office, nonelective officer, department, division, bureau, board, or commission in the executive branch of State government; and

WHEREAS, The Governor issued Executive Order 12-03, which purports to implement an open operating standard, referred to as Illinois Open Data, and which gives the State Chief Information Officer (CIO) the authority to establish policies and coordinate and manage the implementation of the open operating standard; and

WHEREAS, Executive Order 12-03 was delivered to the Secretary of the Senate and the Clerk of the House of Representatives on September 18, 2012; and

WHEREAS, Because the Governor delivered Executive Order 12-03 to the General Assembly after April 1, that Executive Order is by operation of Section 11 of Article V of the Illinois Constitution deemed to have been delivered on the first day of the next annual session, which was January 9, 2013; and

WHEREAS, The 60-day period for the General Assembly to disapprove Executive Order 12-03 expires on March 10, 2013; and

WHEREAS, By requiring State agencies to adhere to the technical policies and standards developed by the State CIO, Executive Order 12-03 transfers from those agencies to the State CIO certain policy-making functions that are vested in those agencies by statute; and

WHEREAS, By giving the State CIO the authority to coordinate the management of the State's information technology and telecommunications and by requiring State agencies to work with the State CIO to develop a compliance plan, Executive Order 12-03 also transfers from State agencies to the State CIO certain management functions that are vested in those agencies by statute; and

WHEREAS, Section 11 of Article V of the Illinois Constitution requires an Executive Order that proposes a reassignment or reorganization in contravention of a State statute to be delivered to the General Assembly, and it authorizes either house of the General Assembly, by record vote of a majority of the members elected, to disapprove the Executive Order; and

WHEREAS, Because Executive Order 12-03 transfers statutorily vested functions from State agencies to the CIO and permits the CIO to coordinate the management of agency technology resources in contravention of existing statutes, Executive Order 12-03 is hereby deemed a reorganization order that is subject to Article IV, Section 11 of the Illinois Constitution and the Executive Reorganization Implementation Act; and

WHEREAS, the reorganization proposed by Executive Order 12-03 contravenes, among others things, the Department of Central Management Services Law of the Civil Administrative Code of Illinois, the Governor's Office of Management and Budget Act, and the Departments of State Government Law of the Civil Administrative Code of Illinois by delegating to the State CIO functions statutorily assigned to specific State agencies; and

WHEREAS, Executive Order 12-03 fails to provide for the transfer of employees serving under the Personnel Code who are engaged in the performance of a function transferred to the State CIO, in violation of subsection (c) of Section 4 of the Executive Reorganization Implementation Act; and

WHEREAS, Executive Order 12-03 also fails to provide for the transfer or other disposition of personnel records, documents, books, correspondence, and other property both real and personal, affected by the reorganization in violation of subsection (d) of Section 4 of the Executive Reorganization and Implementation Act; and

WHEREAS, Executive Order 12-03 further fails to provide, by a savings clause, for the transfer and continuation of the rules, regulations, and other agency actions affected by the reorganization, in violation of subsection (g) of Section 4 of the Executive Reorganization Implementation Act; and

WHEREAS, Executive Order 12-03 finally fails to enumerate all of the Acts of the General Assembly, which establish the functions affected by the proposed reorganization, in violation of subsection (h) of Section 4 of the Executive Reorganization Implementation Act; and

WHEREAS, Executive Order 12-03 proposes to reorganize and reassign to the State Chief Information Officer, whose position is not subject to Senate approval, certain policy-making and management functions vested by statute in the Department of Central Management Services, the Governor's Office of Management and Budget, and agency Directors whose appointments are subject to Senate approval, in violation of existing statutory requirements; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that pursuant to Article V, Section 11 of the Illinois Constitution, the Senate hereby disapproves Executive Order 12-03 in its entirety; and be it further

RESOLVED, That Executive Order 12-03 shall not become effective; and be it further

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