Full Text of HR0422 100th General Assembly
HR0422 100TH GENERAL ASSEMBLY |
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| 1 | | HOUSE 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 transfers the
| 15 | | whole or any part of any agency or its functions to the | 16 | | jurisdiction and control of another agency;
consolidates the | 17 | | functions of an agency; abolishes any agency that does not have | 18 | | or will not
have, upon the taking effect of reorganization, any | 19 | | functions; or establishes a new agency to
perform all or any | 20 | | part of the functions of an existing agency or agencies; and | 21 | | WHEREAS, The Governor has issued Executive Order 2017-02, | 22 | | which proposes to
consolidate the functions of the Human Rights |
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| 1 | | Commission into the Department of Human
Rights; and | 2 | | WHEREAS, Executive Order 2017-02 qualifies as an executive | 3 | | reorganization order and is
subject to Article V, Section 11 of | 4 | | the Illinois Constitution and the Executive Reorganization
| 5 | | Implementation Act because it attempts to consolidate, | 6 | | transfer, or abolish entities that are
directly responsible to | 7 | | the Governor in contravention of statute, including the | 8 | | Illinois Human
Rights Act; and | 9 | | WHEREAS, Executive Order 2017-02 was delivered in its | 10 | | entirety to the Clerk of the House of Representatives and the | 11 | | Secretary of the
Senate on March 31, 2017; and | 12 | | WHEREAS, No executive reorganization order may take effect | 13 | | until not less than 60
calendar days after its delivery to the | 14 | | General Assembly; and | 15 | | WHEREAS, The 60-day period for the General Assembly to | 16 | | disapprove Executive Order
2017-02 expires on May 30, 2017; and
| 17 | | WHEREAS, Executive Order 2017-02 contains a severability | 18 | | clause that purports to
preserve any portions of the Order not | 19 | | found invalid, thereby relying on the notion that the
General | 20 | | Assembly does not have jurisdiction over Executive Order | 21 | | 2017-02 as a whole, but,
instead, has the authority only to |
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| 1 | | disapprove the portions that contravene a statute; and
| 2 | | WHEREAS, Section VI of Executive Order 2017-02 states that | 3 | | the Order does not
contravene and shall not be construed to | 4 | | contravene any State statute (except as provided in Section IV, | 5 | | which suspends any prior act of the General Assembly that is | 6 | | inconsistent with the
Order and therefore expressly | 7 | | contravenes numerous statutes), regardless of the fact that the
| 8 | | Order in its entirety was delivered to the General Assembly and | 9 | | regardless of the fact that the
Order in its entirety modifies, | 10 | | changes, or alters the Illinois Human Rights Act so that the | 11 | | Act
would have to be substantially amended to conform and be | 12 | | consistent with the change effected in
law by the | 13 | | reorganization; and
| 14 | | WHEREAS, The General Assembly has the constitutional and | 15 | | statutory authority to
consider each Executive Order that | 16 | | contravenes a statute; therefore, be it
| 17 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE | 18 | | HUNDREDTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | 19 | | pursuant to Article V, Section 11 of the Illinois Constitution, | 20 | | the House of Representatives hereby disapproves Executive | 21 | | Order 2017-02 in its entirety; and be it further
| 22 | | RESOLVED, That the Executive Order 2017-02 shall not become |
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| 1 | | effective; and be it
further | 2 | | RESOLVED, That copies of this resolution be delivered to | 3 | | the Governor and the President of the Senate.
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