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1
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 4 of the Executive Reorganization
7Implementation Act sets forth procedures and requirements
8regarding Executive Orders issued under Section 11 of Article V
9of the Illinois Constitution; and
 
10    WHEREAS, Section 3.2 of the Executive Reorganization
11Implementation Act provides that a reorganization occurs when,
12among other things, an Executive Order either transfers "any
13part of any agency . . . or any part of the functions thereof,
14to the jurisdiction and control of any other agency" or directs
15"the consolidation or coordination of . . . any part of any
16agency or any part of the functions thereof, with the whole or
17any part of any other agency or the functions thereof"; and
 
18    WHEREAS, Section 3.1 of the Executive Reorganization
19Implementation Act specifies that the term "agency directly
20responsible to the Governor" includes, subject to limited
21exceptions, any office, officer, division, or part thereof, and
22any other office, nonelective officer, department, division,

 

 

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1bureau, board, or commission in the executive branch of State
2government; and
 
3    WHEREAS, The Governor issued Executive Order 12-03, which
4purports to implement an open operating standard, referred to
5as Illinois Open Data, and which gives the State Chief
6Information Officer (CIO) the authority to establish policies
7and coordinate and manage the implementation of the open
8operating standard; and
 
9    WHEREAS, Executive Order 12-03 was delivered to the
10Secretary of the Senate and the Clerk of the House of
11Representatives on September 18, 2012; and
 
12    WHEREAS, Because the Governor delivered Executive Order
1312-03 to the General Assembly after April 1, that Executive
14Order is by operation of Section 11 of Article V of the
15Illinois Constitution deemed to have been delivered on the
16first day of the next annual session, which was January 9,
172013; and
 
18    WHEREAS, The 60-day period for the General Assembly to
19disapprove Executive Order 12-03 expires on March 10, 2013; and
 
20    WHEREAS, By requiring State agencies to adhere to the
21technical policies and standards developed by the State CIO,

 

 

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1Executive Order 12-03 transfers from those agencies to the
2State CIO certain policy-making functions that are vested in
3those agencies by statute; and
 
4    WHEREAS, By giving the State CIO the authority to
5coordinate the management of the State's information
6technology and telecommunications and by requiring State
7agencies to work with the State CIO to develop a compliance
8plan, Executive Order 12-03 also transfers from State agencies
9to the State CIO certain management functions that are vested
10in those agencies by statute; and
 
11    WHEREAS, Section 11 of Article V of the Illinois
12Constitution requires an Executive Order that proposes a
13reassignment or reorganization in contravention of a State
14statute to be delivered to the General Assembly, and it
15authorizes either house of the General Assembly, by record vote
16of a majority of the members elected, to disapprove the
17Executive Order; and
 
18    WHEREAS, Because Executive Order 12-03 transfers
19statutorily vested functions from State agencies to the CIO and
20permits the CIO to coordinate the management of agency
21technology resources in contravention of existing statutes,
22Executive Order 12-03 is hereby deemed a reorganization order
23that is subject to Article IV, Section 11 of the Illinois

 

 

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1Constitution and the Executive Reorganization Implementation
2Act; and
 
3    WHEREAS, the reorganization proposed by Executive Order
412-03 contravenes, among others things, the Department of
5Central Management Services Law of the Civil Administrative
6Code of Illinois, the Governor's Office of Management and
7Budget Act, and the Departments of State Government Law of the
8Civil Administrative Code of Illinois by delegating to the
9State CIO functions statutorily assigned to specific State
10agencies; and
 
11    WHEREAS, Executive Order 12-03 fails to provide for the
12transfer of employees serving under the Personnel Code who are
13engaged in the performance of a function transferred to the
14State CIO, in violation of subsection (c) of Section 4 of the
15Executive Reorganization Implementation Act; and
 
16    WHEREAS, Executive Order 12-03 also fails to provide for
17the transfer or other disposition of personnel records,
18documents, books, correspondence, and other property both real
19and personal, affected by the reorganization in violation of
20subsection (d) of Section 4 of the Executive Reorganization and
21Implementation Act; and
 
22    WHEREAS, Executive Order 12-03 further fails to provide, by

 

 

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1a savings clause, for the transfer and continuation of the
2rules, regulations, and other agency actions affected by the
3reorganization, in violation of subsection (g) of Section 4 of
4the Executive Reorganization Implementation Act; and
 
5    WHEREAS, Executive Order 12-03 finally fails to enumerate
6all of the Acts of the General Assembly, which establish the
7functions affected by the proposed reorganization, in
8violation of subsection (h) of Section 4 of the Executive
9Reorganization Implementation Act; and
 
10    WHEREAS, Executive Order 12-03 proposes to reorganize and
11reassign to the State Chief Information Officer, whose position
12is not subject to Senate approval, certain policy-making and
13management functions vested by statute in the Department of
14Central Management Services, the Governor's Office of
15Management and Budget, and agency Directors whose appointments
16are subject to Senate approval, in violation of existing
17statutory requirements; therefore, be it
 
18    RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL
19ASSEMBLY OF THE STATE OF ILLINOIS, that pursuant to Article V,
20Section 11 of the Illinois Constitution, the Senate hereby
21disapproves Executive Order 12-03 in its entirety; and be it
22further
 

 

 

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1    RESOLVED, That Executive Order 12-03 shall not become
2effective; and be it further
 
3    RESOLVED, That copies of this resolution be delivered to
4the Governor and the Speaker of the House of Representatives.