| |||||||
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|