Full Text of SR0357 098th General Assembly
SR0357 98TH GENERAL ASSEMBLY |
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| 1 | | SENATE RESOLUTION
| 2 | | WHEREAS, Section 4 of the Executive Reorganization | 3 | | Implementation Act sets forth procedures and requirements | 4 | | regarding Executive Orders issued under Section 11 of Article V | 5 | | of the Illinois Constitution; and
| 6 | | WHEREAS, Section 3.2 of the Executive Reorganization | 7 | | Implementation Act provides that reorganization occurs when, | 8 | | among other circumstances, an Executive Order abolishes any | 9 | | agency that does not have or will not have, upon the taking | 10 | | effect of reorganization, any functions; consolidates the | 11 | | functions of an agency; or establishes a new agency to perform | 12 | | all or any part of the functions of an existing agency or | 13 | | agencies; and
| 14 | | WHEREAS, Section 3.1 of the Executive Reorganization | 15 | | Implementation Act specifies that the term "agency directly | 16 | | responsible to the Governor" includes, subject to limited | 17 | | exceptions, any office, officer, division, or part thereof, as | 18 | | well as any other office, nonelective officer, department, | 19 | | division, bureau, board, or commission in the executive branch | 20 | | of State government; and
| 21 | | WHEREAS, The Governor issued Executive Order 13-05 with the | 22 | | stated purpose of abolishing or consolidating entities whose |
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| 1 | | functions are obsolete or redundant; and
| 2 | | WHEREAS, Executive Order 13-05 purports to: (1) abolish | 3 | | gubernatorially-created entities without contravening a | 4 | | statute; (2) abolish statutorily-created entities in | 5 | | contravention of enabling statutes; (3) consolidate several | 6 | | councils with oversight over rivers into one Rivers of Illinois | 7 | | Coordinating Council in contravention of several statutes; and | 8 | | (4) provide a list of entities that already have been abolished | 9 | | either by statute or expiration; and
| 10 | | WHEREAS, Executive Order 13-05 qualifies as an executive | 11 | | reorganization order and is subject to Article V, Section 11 of | 12 | | the Illinois Constitution and the Executive Reorganization | 13 | | Implementation Act because it attempts to abolish or | 14 | | consolidate entities that are directly responsible to the | 15 | | Governor in contravention of various statutes enumerated in the | 16 | | Order; and
| 17 | | WHEREAS, Executive Order 13-05 was delivered in its | 18 | | entirety to the Secretary of the Senate and the Clerk of the | 19 | | House of Representatives on April 1, 2013; and
| 20 | | WHEREAS, No executive reorganization order delivered to | 21 | | the General Assembly may take effect until the 60-day period | 22 | | has expired; and
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| 1 | | WHEREAS, The 60-day period for the General Assembly to | 2 | | disapprove Executive Order 13-05 expires on May 31, 2013; and
| 3 | | WHEREAS, The introductory paragraphs of Executive Order | 4 | | 13-05 claim that the portions of the Order that do not | 5 | | contravene a statute are effective immediately and do not need | 6 | | to be delivered to the General Assembly for consideration, | 7 | | regardless of the fact that the Executive Order in its entirety | 8 | | was delivered to the General Assembly; and
| 9 | | WHEREAS, Executive Order 13-05 contains a severability | 10 | | clause that purports to preserve the portions of the Order not | 11 | | found invalid or not disapproved by the General Assembly, | 12 | | thereby relying on the notion that the General Assembly does | 13 | | not have jurisdiction over Executive Order 13-05 as a whole, | 14 | | but, instead, has the authority only to disapprove the portions | 15 | | that contravene a statute; and
| 16 | | WHEREAS, Section 11 of Article V of the Illinois | 17 | | Constitution requires an Executive Order that proposes a | 18 | | reassignment or reorganization in contravention of a State | 19 | | statute to be delivered to the General Assembly and authorizes | 20 | | either house of the General Assembly, by record vote of a | 21 | | majority of the members elected, to disapprove the Executive | 22 | | Order; and
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| 1 | | WHEREAS, The General Assembly has the constitutional and | 2 | | statutory authority to consider each Executive Order that | 3 | | contravenes a statute; and
| 4 | | WHEREAS, The reorganization proposed by Executive Order | 5 | | 13-05 contravenes the statutes that create the affected | 6 | | entities, which are enumerated in that Executive Order; and
| 7 | | WHEREAS, The Executive Reorganization Implementation Act | 8 | | requires each executive order that proposes a reorganization to | 9 | | be transmitted to the General Assembly by the Governor; and
| 10 | | WHEREAS, The language of the Constitution and the Executive | 11 | | Reorganization Implementation Act give the General Assembly | 12 | | the authority to consider and disapprove any executive | 13 | | reorganization order that contravenes a statute; and
| 14 | | WHEREAS, Executive Order 13-05 is structurally defective | 15 | | because it attempts to draw a distinction between the | 16 | | effectiveness of provisions that contravene a statute and those | 17 | | that do not in a single Executive Order, when the Constitution | 18 | | and the Executive Reorganization Implementation Act make it | 19 | | clear that any executive order that contravenes a statute in | 20 | | any manner is subject to disapproval by the General Assembly; | 21 | | and
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| 1 | | WHEREAS, An executive reorganization order may abolish an | 2 | | agency directly responsible to the Governor, but Executive | 3 | | Order 13-05 attempts to abolish entities created by Press | 4 | | Release of the Governor, including the Governor's Agriculture | 5 | | Advisory Council of Farmers and Farm Families, the Asian | 6 | | Advisory Council, the Education Accountability Task Force, the | 7 | | Racial Profiling Task Force, and the Visual Media Task Force, | 8 | | which never had the force or effect of law; and
| 9 | | WHEREAS, Executive Order 13-05 seeks to consolidate the | 10 | | listed Rivers Councils into a single "Rivers of Illinois | 11 | | Coordinating Council", a new entity created by the Order; and
| 12 | | WHEREAS, The provisions related to the consolidation of the | 13 | | Rivers Councils fail to provide for the transfer or other | 14 | | disposition of personnel records, documents, books, | 15 | | correspondence, and other property, both real and personal, | 16 | | affected by the reorganization in violation of subsection (d) | 17 | | of Section 4 of the Executive Reorganization and Implementation | 18 | | Act; and
| 19 | | WHEREAS, The provisions related to consolidation of the | 20 | | Rivers Councils further fail to provide for the transfer of | 21 | | unexpended balances of appropriations and other funds | 22 | | available for use in connection with any function or agency |
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| 1 | | affected by the reorganization, in violation of subsection (e) | 2 | | of Section 4 of the Executive Reorganization and Implementation | 3 | | Act; therefore, be it | 4 | | RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL | 5 | | ASSEMBLY OF THE STATE OF ILLINOIS, that pursuant to Article V, | 6 | | Section 11 of the Illinois Constitution, the Senate hereby | 7 | | disapproves Executive Order 13-05 in its entirety; and be it | 8 | | further
| 9 | | RESOLVED, That the Executive Order 13-05 shall not become | 10 | | effective; and be it further
| 11 | | RESOLVED, That copies of this resolution be delivered to | 12 | | the Governor and the Speaker of the House of Representatives.
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