Full Text of SR0146 98th General Assembly
SR0146 98TH GENERAL ASSEMBLY |
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| 1 | | SENATE RESOLUTION
| 2 | | WHEREAS, Section 11 of Article V of the Illinois | 3 | | Constitution authorizes the Governor, by Executive Order, to | 4 | | reassign functions among or reorganize executive agencies that | 5 | | are directly responsible to the Governor; and
| 6 | | WHEREAS, Section 4 of the Executive Reorganization | 7 | | Implementation Act sets forth procedures and requirements | 8 | | regarding Executive Orders issued under Section 11 of Article V | 9 | | of the Illinois Constitution; and
| 10 | | WHEREAS, Section 3.2 of the Executive Reorganization | 11 | | Implementation Act provides that a reorganization occurs when, | 12 | | among other things, an Executive Order either transfers "any | 13 | | part of any agency . . . or any part of the functions thereof, | 14 | | to the jurisdiction and control of any other agency" or directs | 15 | | "the consolidation or coordination of . . . any part of any | 16 | | agency or any part of the functions thereof, with the whole or | 17 | | any part of any other agency or the functions thereof"; and | 18 | | WHEREAS, Section 3.1 of the Executive Reorganization | 19 | | Implementation Act specifies that the term "agency directly | 20 | | responsible to the Governor" includes, subject to limited | 21 | | exceptions, any office, officer, division, or part thereof, and | 22 | | any other office, nonelective officer, department, division, |
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| 1 | | bureau, board, or commission in the executive branch of State | 2 | | government; and
| 3 | | WHEREAS, The Governor issued Executive Order 12-03, which | 4 | | purports to implement an open operating standard, referred to | 5 | | as Illinois Open Data, and which gives the State Chief | 6 | | Information Officer (CIO) the authority to establish policies | 7 | | and coordinate and manage the implementation of the open | 8 | | operating standard; and
| 9 | | WHEREAS, Executive Order 12-03 was delivered to the | 10 | | Secretary of the Senate and the Clerk of the House of | 11 | | Representatives on September 18, 2012; and
| 12 | | WHEREAS, Because the Governor delivered Executive Order | 13 | | 12-03 to the General Assembly after April 1, that Executive | 14 | | Order is by operation of Section 11 of Article V of the | 15 | | Illinois Constitution deemed to have been delivered on the | 16 | | first day of the next annual session, which was January 9, | 17 | | 2013; and
| 18 | | WHEREAS, The 60-day period for the General Assembly to | 19 | | disapprove Executive Order 12-03 expires on March 10, 2013; and | 20 | | WHEREAS, By requiring State agencies to adhere to the | 21 | | technical policies and standards developed by the State CIO, |
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| 1 | | Executive Order 12-03 transfers from those agencies to the | 2 | | State CIO certain policy-making functions that are vested in | 3 | | those agencies by statute; and | 4 | | WHEREAS, By giving the State CIO the authority to | 5 | | coordinate the management of the State's information | 6 | | technology and telecommunications and by requiring State | 7 | | agencies to work with the State CIO to develop a compliance | 8 | | plan, Executive Order 12-03 also transfers from State agencies | 9 | | to the State CIO certain management functions that are vested | 10 | | in those agencies by statute; and | 11 | | WHEREAS, Section 11 of Article V of the Illinois | 12 | | Constitution requires an Executive Order that proposes a | 13 | | reassignment or reorganization in contravention of a State | 14 | | statute to be delivered to the General Assembly, and it | 15 | | authorizes either house of the General Assembly, by record vote | 16 | | of a majority of the members elected, to disapprove the | 17 | | Executive Order; and | 18 | | WHEREAS, Because Executive Order 12-03 transfers | 19 | | statutorily vested functions from State agencies to the CIO and | 20 | | permits the CIO to coordinate the management of agency | 21 | | technology resources in contravention of existing statutes, | 22 | | Executive Order 12-03 is hereby deemed a reorganization order | 23 | | that is subject to Article IV, Section 11 of the Illinois |
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| 1 | | Constitution and the Executive Reorganization Implementation | 2 | | Act; and | 3 | | WHEREAS, the reorganization proposed by Executive Order | 4 | | 12-03 contravenes, among others things, the Department of | 5 | | Central Management Services Law of the Civil Administrative | 6 | | Code of Illinois, the Governor's Office of Management and | 7 | | Budget Act, and the Departments of State Government Law of the | 8 | | Civil Administrative Code of Illinois by delegating to the | 9 | | State CIO functions statutorily assigned to specific State | 10 | | agencies; and | 11 | | WHEREAS, Executive Order 12-03 fails to provide for the | 12 | | transfer of employees serving under the Personnel Code who are | 13 | | engaged in the performance of a function transferred to the | 14 | | State CIO, in violation of subsection (c) of Section 4 of the | 15 | | Executive Reorganization Implementation Act; and | 16 | | WHEREAS, Executive Order 12-03 also fails to provide for | 17 | | the transfer or other disposition of personnel records, | 18 | | documents, books, correspondence, and other property both real | 19 | | and personal, affected by the reorganization in violation of | 20 | | subsection (d) of Section 4 of the Executive Reorganization and | 21 | | Implementation Act; and | 22 | | WHEREAS, Executive Order 12-03 further fails to provide, by |
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| 1 | | a savings clause, for the transfer and continuation of the | 2 | | rules, regulations, and other agency actions affected by the | 3 | | reorganization, in violation of subsection (g) of Section 4 of | 4 | | the Executive Reorganization Implementation Act; and | 5 | | WHEREAS, Executive Order 12-03 finally fails to enumerate | 6 | | all of the Acts of the General Assembly, which establish the | 7 | | functions affected by the proposed reorganization, in | 8 | | violation of subsection (h) of Section 4 of the Executive | 9 | | Reorganization Implementation Act; and | 10 | | WHEREAS, Executive Order 12-03 proposes to reorganize and | 11 | | reassign to the State Chief Information Officer, whose position | 12 | | is not subject to Senate approval, certain policy-making and | 13 | | management functions vested by statute in the Department of | 14 | | Central Management Services, the Governor's Office of | 15 | | Management and Budget, and agency Directors whose appointments | 16 | | are subject to Senate approval, in violation of existing | 17 | | statutory requirements; therefore, be it | 18 | | RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL | 19 | | ASSEMBLY OF THE STATE OF ILLINOIS, that pursuant to Article V, | 20 | | Section 11 of the Illinois Constitution, the Senate hereby | 21 | | disapproves Executive Order 12-03 in its entirety; and be it | 22 | | further
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| 1 | | RESOLVED, That Executive Order 12-03 shall not become | 2 | | effective; and be it further | 3 | | RESOLVED, That copies of this resolution be delivered to | 4 | | the Governor and the Speaker of the House of Representatives.
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