Bill Text: IL SR0068 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Disapproves Executive Order 2018-13 in its entirety.
Spectrum: Bipartisan Bill
Status: (Failed) 2021-01-13 - Session Sine Die [SR0068 Detail]
Download: Illinois-2019-SR0068-Introduced.html
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1 | SENATE RESOLUTION
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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
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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
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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
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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
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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
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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
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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
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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
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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
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16 | WHEREAS, The first day of the next annual session of the | ||||||
17 | General Assembly was January 9, 2019; and
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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
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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
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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
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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
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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
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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
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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
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10 | RESOLVED, That Executive Order 2018-13 shall not become | ||||||
11 | effective; and be it
further
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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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