SR0247 97TH GENERAL ASSEMBLY

SR0247 LRB097 11968 JDS 55571 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, The Governor has issued the following: Executive Order 11-01, which proposes to reorganize and to reassign certain State healthcare purchasing powers from the Department of Healthcare and Family Services to the Department of Central Management Services, the Department of Corrections, the Department of Juvenile Justice, the Department of Human Services, and the Department of Veterans' Affairs; Executive Order 11-02, which proposes to reorganize and to reassign the Illinois Onsite Safety and Health Consultation Program (OSHA Program) from the Department of Commerce and Economic Opportunity to the Department of Labor; and Executive Order 11-03, which proposes to reorganize and to reassign the Carnival and Amusement Ride Inspection Division of the Department of Labor to the Department of Agriculture; and

WHEREAS, These proposed reorganizations and reassignments contravene numerous statutes, including those listed in Executive Orders 11-01, 11-02, and 11-03; and

WHEREAS, Section 4 of the Executive Reorganization Implementation Act (15 ILCS 15/4) sets forth procedures and requirements regarding Executive Orders issued under Section 11 of Article V of the Illinois Constitution; and

WHEREAS, Several constitutional and statutory requirements were not met in the case of Executive Orders 11-01, 11-02, and 11-03, thus rendering them defective; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that, in the course of prudence and in order to bring clarity to the status and effect of those Executive Orders, we hereby disapprove Executive Orders 11-01, 11-02, and 11-03 in their entirety, and they 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.