Full Text of SR1282 98th General Assembly
SR1282 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 reorganization occurs when an | 12 | | Executive Order: (1) transfers the whole or any part of any | 13 | | agency, or the whole or any part of the functions thereof, to | 14 | | the jurisdiction and control of any other agency; (2) | 15 | | consolidates or coordinates the whole or any part of any | 16 | | agency, or the whole or any part of the functions thereof, with | 17 | | the whole or any part of any other agency or the functions | 18 | | thereof; (3) consolidates or coordinates any part of any agency | 19 | | or the functions thereof with any other part of the same agency | 20 | | or the functions thereof; (4) abolishes the whole or any part | 21 | | of any agency which does not have, or upon the taking effect of | 22 | | reorganization will not have, any functions; or (5) establishes | 23 | | a new agency to perform all or any part of the functions of an |
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| 1 | | existing agency or agencies; and | 2 | | WHEREAS, Section 3.1 of the Executive Reorganization | 3 | | Implementation Act specifies that the term "agency directly | 4 | | responsible to the Governor" includes, subject to limited | 5 | | exceptions, any office, officer, division, or part thereof, and | 6 | | any other office, nonelective officer, department, division, | 7 | | bureau, board, or commission in the executive branch of State | 8 | | government; and
| 9 | | WHEREAS, The Governor issued Executive Order 14-04, which | 10 | | purports to consolidate the Division of Mental Health with the | 11 | | Division of Alcoholism and Substance Abuse into a new entity | 12 | | called the Division of Mental Health and Addiction Recovery | 13 | | Services within the Department of Human Services; and
| 14 | | WHEREAS, The two divisions within the Department of Human | 15 | | Services are agencies directly responsible to the Governor; and
| 16 | | WHEREAS, Because Executive Order 14-04 consolidates two | 17 | | agencies into one agency, Executive Order 14-04 is an executive | 18 | | reorganization order; and
| 19 | | WHEREAS, Because Executive Order 14-04 contravenes various | 20 | | statutes enumerated in the Order, Executive Order 14-04 is | 21 | | hereby deemed a reorganization order that is subject to Section |
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| 1 | | 11 of Article V of the Illinois Constitution and the Executive | 2 | | Reorganization Implementation Act; and | 3 | | WHEREAS, Executive Order 14-04 in its entirety was | 4 | | delivered to the Secretary of the Senate and the Clerk of the | 5 | | House of Representatives on April 1, 2014; and
| 6 | | WHEREAS, The 60-day period for the General Assembly to | 7 | | disapprove Executive Order 14-04 expires on May 31, 2014; and
| 8 | | WHEREAS, Executive Order 14-04 expressly cites the | 9 | | Governor's reorganization authority, to consolidate or | 10 | | coordinate the whole or any part of an agency, or the whole or | 11 | | any part of the functions thereof, with the whole or any part | 12 | | of any other agency or the functions thereof (subsection (2) of | 13 | | Section 3.2 of the Executive Reorganization Implementation | 14 | | Act); and
| 15 | | WHEREAS, Executive Order 14-04 fails to acknowledge that it | 16 | | also abolishes two agencies, the Division and Mental Health and | 17 | | the Division of Alcoholism and Substance Abuse, that will not | 18 | | have any functions upon the taking effect of reorganization | 19 | | (subsection (5) of Section 3.2 of the Executive Reorganization | 20 | | Implementation Act), and while the Governor has the authority | 21 | | to abolish agencies, Executive Order 14-04 does not refer to | 22 | | the basis of that authority; and |
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| 1 | | WHEREAS, Subsection (f) of Section 4 of the Executive | 2 | | Reorganization Implementation Act requires an Executive Order | 3 | | to terminate the affairs of any agency abolished; and
| 4 | | WHEREAS, Executive Order 14-04 states that the Division of | 5 | | Mental Health and the Division of Alcoholism and Substance | 6 | | Abuse are currently managed by a single Director within the | 7 | | Department of Human Services; and | 8 | | WHEREAS, Executive Order 14-04 also generally provides | 9 | | that personnel and positions of the Division of Mental Health | 10 | | and the Division of Alcoholism and Substance Abuse programs | 11 | | affected by Executive Order 14-04 shall be consolidated and | 12 | | continue their service within the new Division of Mental Health | 13 | | and Addiction Recovery Services; and | 14 | | WHEREAS, Executive Order 14-04 implicitly appoints the | 15 | | current Director of the existing Divisions as the head of the | 16 | | new Division of Mental Health and Addiction Recovery Services, | 17 | | but that appointment is not subject to confirmation by the | 18 | | Senate, in violation of subsection (b) of Section 4 of the | 19 | | Executive Reorganization Act; and | 20 | | WHEREAS, Executive Order 14-04 consolidates the functions | 21 | | of the Division of Mental Health and the Division of Alcoholism |
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| 1 | | and Substance Abuse so that upon the effect of the | 2 | | reorganization, those agencies will be abolished, but fails to | 3 | | provide for terminating the affairs of the abolished agencies, | 4 | | in violation of subsection (f) of Section 4 of the Executive | 5 | | Reorganization Implementation Act; and
| 6 | | WHEREAS, Executive Order 14-04 states that the powers, | 7 | | duties, rights, and responsibilities of the Division of Mental | 8 | | Health and the Division of Alcoholism and Substance Abuse shall | 9 | | be consolidated into a single entity, effective upon filing | 10 | | with the Secretary of State or as soon thereafter as | 11 | | practicable; and | 12 | | WHEREAS, The Governor issued Executive Order 14-05, which | 13 | | purports to transfer the Illinois Commission on Volunteerism | 14 | | and Community Service (which the Order appears to rename as | 15 | | "Serve Illinois") from the Department of Human Services to the | 16 | | Department of Public Health; and
| 17 | | WHEREAS, The Department of Public Health and the Department | 18 | | of Human Services are agencies directly responsible to the | 19 | | Governor; and
| 20 | | WHEREAS, Because Executive Order 14-05 transfers an agency | 21 | | to the jurisdiction and control of another agency, Executive | 22 | | Order 14-05 is an executive reorganization order; and
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| 1 | | WHEREAS, Because Executive Order 14-05 contravenes the | 2 | | Illinois Commission on Volunteerism and Community Service Act, | 3 | | Executive Order 14-05 is hereby deemed a reorganization order | 4 | | that is subject to Section 11 of Article V of the Illinois | 5 | | Constitution and the Executive Reorganization Implementation | 6 | | Act; and | 7 | | WHEREAS, Executive Order 14-05 in its entirety was | 8 | | delivered to the Secretary of the Senate and the Clerk of the | 9 | | House of Representatives on April 1, 2014; and
| 10 | | WHEREAS, The 60-day period for the General Assembly to | 11 | | disapprove Executive Order 14-05 expires on May 31, 2014; and
| 12 | | WHEREAS, Executive Order 14-05 specifically cites the | 13 | | Governor's reorganization authority, "in pertinent part", to: | 14 | | (1) transfer the whole or any part of an agency, or the whole | 15 | | or any part of the functions thereof, to the jurisdiction and | 16 | | control of any other agency (subsection (1) of Section 3.2 of | 17 | | the Executive Reorganization Implementation Act); and (2) | 18 | | abolish the whole or any part of any agency which does not | 19 | | have, or upon the taking effect of reorganization will not | 20 | | have, any functions (subsection (4) of Section 3.2 of the | 21 | | Executive Reorganization Implementation Act); and
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| 1 | | WHEREAS, While Executive Order 14-05 transfers the | 2 | | Illinois Commission on Volunteerism and Community Service from | 3 | | one agency to another, Executive Order 14-05 does not abolish | 4 | | an agency or completely remove any agency's functions, in | 5 | | conformity with the authority it cites; and
| 6 | | WHEREAS, Subsection (c) of Section 4 of the Executive | 7 | | Reorganization Implementation Act requires every Executive | 8 | | Order reorganizing executive agencies to transfer employees | 9 | | serving under the Personnel Code who are engaged in the | 10 | | performance of a function transferred to another agency; and | 11 | | WHEREAS, Executive Order 14-05 provides that the staff of | 12 | | the Department of Human Services engaged in the performance of | 13 | | the transferred functions may be transferred to the Department | 14 | | of Public Health; therefore, Executive Order 14-05 contains a | 15 | | permissive transfer of employees, rather than a mandatory | 16 | | transfer, in violation of subsection (c) of Section 4 of the | 17 | | Executive Reorganization Implementation Act; and | 18 | | WHEREAS, The Governor issued Executive Order 14-06, which | 19 | | purports to (1) create within the Illinois Criminal Justice | 20 | | Information Authority the Illinois Data Exchange Coordinating | 21 | | Council, (2) create a board of directors for the Illinois Data | 22 | | Exchange Coordinating Council, and (3) create the Advisory | 23 | | Committee to advise the board of directors of the Illinois Data |
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| 1 | | Exchange Coordinating Council; and | 2 | | WHEREAS, Executive Order 14-06 gives the Illinois Data | 3 | | Exchange Coordinating Council the authority to establish | 4 | | policy, standards, and strategies for designing, developing, | 5 | | funding, implementing, and operating an integrated criminal | 6 | | justice information sharing environment; and | 7 | | WHEREAS, Currently, the Illinois Criminal Justice | 8 | | Information Act gives the Illinois Criminal Justice | 9 | | Information Authority the powers and duties to coordinate the | 10 | | use of criminal justice information, develop and operate | 11 | | information systems, coordinate State and local criminal | 12 | | justice projects, establish policies concerning criminal | 13 | | justice information systems, and advise the Governor and | 14 | | General Assembly on policies relating to criminal justice | 15 | | information systems; and | 16 | | WHEREAS, The Illinois Criminal Justice Information | 17 | | Authority currently has the authority to evaluate and | 18 | | coordinate policies related to criminal justice information; | 19 | | and | 20 | | WHEREAS, Because Executive Order 14-06 transfers | 21 | | policy-making and management functions from the Illinois | 22 | | Criminal Justice Information Authority to the newly-created |
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| 1 | | Illinois Data Exchange Coordinating Council in contravention | 2 | | of the Illinois Criminal Justice Information Act, the Order is | 3 | | a reorganization order that is subject to Section 11 of Article | 4 | | V of the Illinois Constitution and the Executive Reorganization | 5 | | Implementation Act; and | 6 | | WHEREAS, Section 11 of Article V of the Illinois | 7 | | Constitution provides that (i) if an Executive Order proposes a | 8 | | reassignment or reorganization that contravenes a statute, | 9 | | then the Executive Order must be delivered to the General | 10 | | Assembly, and (ii) either house of the General Assembly, by | 11 | | record vote of a majority of the members elected, may | 12 | | disapprove the Executive Order; and | 13 | | WHEREAS, Executive Order 14-06 was delivered to the | 14 | | Secretary of the Senate and the Clerk of the House of | 15 | | Representatives on April 28, 2014; and | 16 | | WHEREAS, Because the Governor delivered Executive Order | 17 | | 14-06 to the General Assembly after April 1, the 60-day period | 18 | | for the General Assembly to disapprove Executive Order 14-06 | 19 | | will expire 60 days after the day after the first day of the | 20 | | next annual session; and | 21 | | WHEREAS, Executive Order 14-06 appoints members to a | 22 | | newly-created board of directors to govern the Illinois Data |
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| 1 | | Exchange Coordinating Council, but the appointment of board | 2 | | members is not subject to confirmation by the Senate, in | 3 | | violation of subsection (b) of Section 4 of the Executive | 4 | | Reorganization Implementation Act; and | 5 | | WHEREAS, Executive Order 14-06 fails to provide for the | 6 | | transfer of employees serving under the Personnel Code who are | 7 | | engaged in the performance of a function transferred to a new | 8 | | entity, in violation of subsection (c) of Section 4 of the | 9 | | Executive Reorganization Implementation Act; and | 10 | | WHEREAS, Executive Order 14-06 fails to provide for the | 11 | | transfer or other disposition of personnel records, documents, | 12 | | books, correspondence, and other property, both real and | 13 | | personal, affected by the reorganization in violation of | 14 | | subsection (d) of Section 4 of the Executive Reorganization | 15 | | Implementation Act; and | 16 | | WHEREAS, Executive Order 14-06 fails to provide for the | 17 | | transfer of unexpended balances of appropriations and other | 18 | | funds available for use in connection with any function or | 19 | | agency affected by the reorganization, as the Governor deems | 20 | | necessary, for use of the agency which has such functions after | 21 | | the reorganization takes effect, in violation of subsection (e) | 22 | | of Section 4 of the Executive Reorganization Implementation | 23 | | Act; and |
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| 1 | | WHEREAS, Executive Order 14-06 fails to provide by a | 2 | | savings clause for the transfer and continuation of the rules, | 3 | | regulations, and other agency actions affected by | 4 | | reorganization, in violation of subsection (g) of Section 4 of | 5 | | the Executive Reorganization Implementation Act; and | 6 | | WHEREAS, Executive Order 14-06 fails to enumerate all Acts | 7 | | of the General Assembly which establish the functions affected | 8 | | by the proposed reorganization, in violation of subsection (h) | 9 | | of Section 4 of the Executive Reorganization Implementation | 10 | | Act; and | 11 | | WHEREAS, Executive Order 14-06 creates a board of directors | 12 | | for the Illinois Data Exchange Coordinating Council and | 13 | | provides for the employees of certain private organizations to | 14 | | serve as members of the board of directors, delegating public | 15 | | authority to private persons in violation of Section 2 of | 16 | | Article I of the Illinois Constitution and the Illinois Supreme | 17 | | Court's holding in Lasher v. People , 183 Ill. 226 (1899); and
| 18 | | WHEREAS, Section 11 of Article V of the Illinois | 19 | | Constitution provides that an Executive Order reorganizing | 20 | | executive agencies cannot become effective less than 60 | 21 | | calendar days after its delivery to the General Assembly; and
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| 1 | | WHEREAS, Executive Orders 14-04 and 14-05 contain | 2 | | effective date provisions which state that each Order is | 3 | | "effective upon filing with the Secretary of State"; and | 4 | | WHEREAS, Executive Order 14-06 contains an effective date | 5 | | provision that states that the Order "shall take effect | 6 | | immediately upon its filing with the Secretary of State and | 7 | | shall remain in effect until terminated or modified"; and
| 8 | | WHEREAS, Executive Orders 14-04, 14-05, and 14-06 purport | 9 | | to become effective upon filing with the Secretary of State, in | 10 | | violation of Section 11 of Article V of the Illinois | 11 | | Constitution; and
| 12 | | WHEREAS, Executive Orders 14-04 and 14-05 contain several | 13 | | structural and procedural defects; and | 14 | | WHEREAS, Executive Order 14-06 proposes to improperly | 15 | | reorganize and reassign certain policy-making and management | 16 | | functions from the Illinois Criminal Justice Information | 17 | | Authority to the Illinois Data Exchange Coordinating Council, | 18 | | and several statutory requirements were not met in Executive | 19 | | Order 14-06, thus rendering it defective; and | 20 | | WHEREAS, Similar to Executive Order 14-06, Executive Order | 21 | | 12-03 was an executive order that did not expressly invoke the |
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| 1 | | Governor's constitutional reorganization authority, but had | 2 | | the effect of reorganizing executive agencies directly | 3 | | responsible to the Governor in contravention of several | 4 | | statutes, and accordingly, the Senate deemed Executive Order | 5 | | 12-03 an executive reorganization order subject to the | 6 | | requirements and limitations of the Governor's constitutional | 7 | | authority pursuant to Section 11 of Article IV of the | 8 | | Constitution and the Executive Reorganization Implementation | 9 | | Act; and | 10 | | WHEREAS, Senate Resolution 146 disapproved Executive Order | 11 | | 12-03 because it exceeded the Governor's constitutional and | 12 | | statutory authority to reorganize executive agencies; | 13 | | therefore, be it
| 14 | | RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL | 15 | | ASSEMBLY OF THE STATE OF ILLINOIS, that pursuant to Section 11 | 16 | | of Article V of the Illinois Constitution, the Senate hereby | 17 | | disapproves Executive Orders 14-04, 14-05, and 14-06 in their | 18 | | entirety; and be it further | 19 | | RESOLVED, That Executive Orders 14-04, 14-05, and 14-06 | 20 | | shall not become effective; and be it further
| 21 | | RESOLVED, That copies of this resolution be delivered to | 22 | | the Governor and the Speaker of the House of Representatives.
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