Bill Text: IL SR0523 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Disapproves Executive Order 2017-02 in its entirety.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2017-08-04 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SR0523 Detail]

Download: Illinois-2017-SR0523-Introduced.html


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SENATE RESOLUTION
2 WHEREAS, Section 11 of Article V of the Illinois
3Constitution authorizes the Governor, by Executive Order, to
4reassign functions among or reorganize executive agencies that
5are directly responsible to the Governor; and
6 WHEREAS, Section 11 of Article V also provides (i) that if
7an Executive Order proposes a reassignment or reorganization
8that contravenes a statute, then the Executive Order must be
9delivered to the General Assembly and (ii) that either house of
10the General Assembly, by record vote of a majority of the
11members elected, may disapprove the Executive Order; and
12 WHEREAS, Section 3.2 of the Executive Reorganization
13Implementation Act provides that reorganization occurs when,
14among other circumstances, an Executive Order transfers the
15whole or any part of any agency or its functions to the
16jurisdiction and control of another agency; consolidates the
17functions of an agency; abolishes any agency that does not have
18or will not have, upon the taking effect of reorganization, any
19functions; or establishes a new agency to perform all or any
20part of the functions of an existing agency or agencies; and
21 WHEREAS, The Governor has issued Executive Order 2017-02,
22which proposes to consolidate the functions of the Human Rights

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1Commission into the Department of Human Rights; and
2 WHEREAS, Executive Order 2017-02 qualifies as an executive
3reorganization order and is subject to Article V, Section 11 of
4the Illinois Constitution and the Executive Reorganization
5Implementation Act because it attempts to consolidate,
6transfer, or abolish entities that are directly responsible to
7the Governor in contravention of statute, including the
8Illinois Human Rights Act; and
9 WHEREAS, Executive Order 2017-02 was delivered in its
10entirety to the Secretary of the Senate and the Clerk of the
11House of Representatives on March 31, 2017; and
12 WHEREAS, No executive reorganization order may take effect
13until not less than 60 calendar days after its delivery to the
14General Assembly; and
15 WHEREAS, The 60-day period for the General Assembly to
16disapprove Executive Order 2017-02 expires on May 30, 2017; and
17 WHEREAS, Executive Order 2017-02 contains a severability
18clause that purports to preserve any portions of the Order not
19found invalid, thereby relying on the notion that the General
20Assembly does not have jurisdiction over Executive Order
212017-02 as a whole, but, instead, has the authority only to

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1disapprove the portions that contravene a statute; and
2 WHEREAS, Section VI of Executive Order 2017-02 states that
3the Order does not contravene and shall not be construed to
4contravene any State statute (except as provided in Section IV,
5which suspends any prior act of the General Assembly that is
6inconsistent with the Order and therefore expressly
7contravenes numerous statutes), regardless of the fact that the
8Order in its entirety was delivered to the General Assembly and
9regardless of the fact that the Order in its entirety modifies,
10changes, or alters the Illinois Human Rights Act so that the
11Act would have to be substantially amended to conform and be
12consistent with the change effected in law by the
13reorganization; and
14 WHEREAS, The General Assembly has the constitutional and
15statutory authority to consider each Executive Order that
16contravenes a statute; therefore, be it
17 RESOLVED, BY THE SENATE OF THE ONE HUNDREDTH GENERAL
18ASSEMBLY OF THE STATE OF ILLINOIS, that pursuant to Article V,
19Section 11 of the Illinois Constitution, the Senate hereby
20disapproves Executive Order 2017-02 in its entirety; and be it
21further
22 RESOLVED, That the Executive Order 2017-02 shall not become

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1effective; and be it further
2 RESOLVED, That copies of this resolution be delivered to
3the Governor and the Speaker of the House of Representatives.
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