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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 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 reassigns
15functions to executive agencies which are directly responsible
16to the Governor; and
 
17    WHEREAS, The Governor has issued Executive Order 2018-13,
18which proposes to transfer a portion of the jurisdiction of the
19Secretary of State over the licensing and operation of motor
20vehicles to the Department of Transportation; and
 
21    WHEREAS, Executive Order 2018-13 qualifies as an executive

 

 

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1reorganization order and is subject to Article V, Section 11 of
2the Illinois Constitution and the Executive Reorganization
3Implementation Act because it attempts to reassign functions to
4an executive agency that is directly responsible to the
5Governor in contravention of statute, including the Illinois
6Vehicle Code; and
 
7    WHEREAS, Executive Order 2018-13 was delivered in its
8entirety to the Secretary of the Senate and the Clerk of the
9House of Representatives on October 25, 2018; and
 
10    WHEREAS, Section 11 of Article V also provides that where
11an executive reorganization order is delivered after April 1,
12the General Assembly shall consider the executive
13reorganization order at its next annual session, in which case
14the Executive Order shall be deemed to have been delivered on
15the first day of that annual session; and
 
16    WHEREAS, The first day of the next annual session of the
17General Assembly was January 9, 2019; and
 
18    WHEREAS, Section 11 of Article V also provides that no
19executive reorganization order may take effect until not less
20than 60 calendar days after its delivery to the General
21Assembly; and
 

 

 

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1    WHEREAS, The 60-day period for the General Assembly to
2disapprove Executive Order 2018-13 expires on March 10, 2019;
3and
 
4    WHEREAS, Executive Order 2018-13 contains a severability
5clause that purports to preserve any portions of the Order not
6found invalid, thereby relying on the notion that the General
7Assembly does not have jurisdiction over Executive Order
82018-13 as a whole, but, instead, has the authority only to
9disapprove the portions that contravene a statute; and
 
10    WHEREAS, Section III of Executive Order 2018-13 states that
11the Order does not contravene and shall not be construed to
12contravene any State statute, regardless of the fact that the
13Order in its entirety was delivered to the General Assembly and
14regardless of the fact that the Order in its entirety modifies,
15changes, or alters the Illinois Vehicle Code so that the Code
16would have to be substantially amended to conform and be
17consistent with the changes effected in law by the
18reorganization; and
 
19    WHEREAS, Regardless of Section III, Executive Order
202018-13 would have the effect of transferring responsibilities
21from the Secretary of State, an independent Constitutional
22officer, to an executive agency which is directly responsible
23to the Governor, exceeding the authority of the Governor under

 

 

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1Section 11 of Article V; and
 
2    WHEREAS, The General Assembly has the constitutional and
3statutory authority to consider each Executive Order that
4contravenes a statute; therefore, be it
 
5    RESOLVED, BY THE SENATE OF THE ONE HUNDRED FIRST GENERAL
6ASSEMBLY OF THE STATE OF ILLINOIS, that pursuant to Article V,
7Section 11 of the Illinois Constitution, the Senate hereby
8disapproves Executive Order 2018-13 in its entirety; and be it
9further
 
10    RESOLVED, That Executive Order 2018-13 shall not become
11effective; and be it further
 
12    RESOLVED, That copies of this resolution be delivered to
13the Governor, the Secretary of State, the Secretary of
14Transportation, and the Speaker of the House of
15Representatives.