Full Text of SR0068 101st General Assembly
SR0068 101ST 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 11 of Article V also provides (i) that if | 7 | | an Executive Order proposes
a reassignment or reorganization | 8 | | that contravenes a statute, then the Executive Order must be
| 9 | | delivered to the General Assembly and (ii) that either house of | 10 | | the General Assembly, by record
vote of a majority of the | 11 | | members elected, may disapprove the Executive Order; and
| 12 | | WHEREAS, Section 3.2 of the Executive Reorganization | 13 | | Implementation Act provides
that reorganization occurs when, | 14 | | among other circumstances, an Executive Order reassigns | 15 | | functions to executive agencies which are directly responsible | 16 | | to the Governor; and | 17 | | WHEREAS, The Governor has issued Executive Order 2018-13, | 18 | | which proposes to
transfer a portion of the jurisdiction of the | 19 | | Secretary of State over the licensing and operation of motor | 20 | | vehicles to the Department of Transportation; and | 21 | | WHEREAS, Executive Order 2018-13 qualifies as an executive |
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| 1 | | reorganization order and is
subject to Article V, Section 11 of | 2 | | the Illinois Constitution and the Executive Reorganization
| 3 | | Implementation Act because it attempts to reassign functions to | 4 | | an executive agency that is directly responsible to the | 5 | | Governor in contravention of statute, including the Illinois | 6 | | Vehicle Code; and | 7 | | WHEREAS, Executive Order 2018-13 was delivered in its | 8 | | entirety to the Secretary of the
Senate and the Clerk of the | 9 | | House of Representatives on October 25, 2018; and | 10 | | WHEREAS, Section 11 of Article V also provides that where | 11 | | an executive reorganization order is delivered after April 1, | 12 | | the General Assembly shall consider the executive | 13 | | reorganization order at its next annual session, in which case | 14 | | the Executive Order shall be deemed to have been delivered on | 15 | | the first day of that annual session; and | 16 | | WHEREAS, The first day of the next annual session of the | 17 | | General Assembly was January 9, 2019; and | 18 | | WHEREAS, Section 11 of Article V also provides that no | 19 | | executive reorganization order may take effect until not less | 20 | | than 60
calendar days after its delivery to the General | 21 | | Assembly; and |
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| 1 | | WHEREAS, The 60-day period for the General Assembly to | 2 | | disapprove Executive Order
2018-13 expires on March 10, 2019; | 3 | | and
| 4 | | WHEREAS, Executive Order 2018-13 contains a severability | 5 | | clause that purports to
preserve any portions of the Order not | 6 | | found invalid, thereby relying on the notion that the
General | 7 | | Assembly does not have jurisdiction over Executive Order | 8 | | 2018-13 as a whole, but,
instead, has the authority only to | 9 | | disapprove the portions that contravene a statute; and
| 10 | | WHEREAS, Section III of Executive Order 2018-13 states that | 11 | | the Order does not
contravene and shall not be construed to | 12 | | contravene any State statute, regardless of the fact that the
| 13 | | Order in its entirety was delivered to the General Assembly and | 14 | | regardless of the fact that the
Order in its entirety modifies, | 15 | | changes, or alters the Illinois Vehicle Code so that the Code | 16 | | would have to be substantially amended to conform and be | 17 | | consistent with the changes effected in
law by the | 18 | | reorganization; and
| 19 | | WHEREAS, Regardless of Section III, Executive Order | 20 | | 2018-13 would have the effect of transferring responsibilities | 21 | | from the Secretary of State, an independent Constitutional | 22 | | officer, to an executive agency which is directly responsible | 23 | | to the Governor, exceeding the authority of the Governor under |
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| 1 | | Section 11 of Article V; and | 2 | | WHEREAS, The General Assembly has the constitutional and | 3 | | statutory authority to
consider each Executive Order that | 4 | | contravenes a statute; therefore, be it
| 5 | | RESOLVED, BY THE SENATE OF THE ONE HUNDRED FIRST GENERAL | 6 | | ASSEMBLY OF THE STATE OF ILLINOIS, that pursuant to Article V, | 7 | | Section 11 of the Illinois Constitution, the Senate hereby | 8 | | disapproves Executive Order 2018-13 in its entirety; and be it | 9 | | further
| 10 | | RESOLVED, That Executive Order 2018-13 shall not become | 11 | | effective; and be it
further | 12 | | RESOLVED, That copies of this resolution be delivered to | 13 | | the Governor, the Secretary of State, the Secretary of | 14 | | Transportation, and the Speaker
of the House of | 15 | | Representatives.
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