Unclear on the concept
Tuesday, Feb 25, 2014 - Posted by Rich Miller
* The Daily Herald on Bruce Rauner’s constant refrain about how he’ll shake up Springfield by using the governor’s constitutional powers to issue executive orders…
Rauner has pointed to [Indiana Gov. Mitch Daniels’] use of executive orders to bypass lawmakers and get things done. In Illinois, though, lawmakers can have the final say on executive orders, perhaps tying the hands of a governor.
* There are lots of misconceptions about EOs. WBGZ radio…
llinois Governor Pat Quinn has issued an Executive Order that would combine the Health and Human Service programs of Substance Abuse and Mental Health in Illinois. Lawmakers agree that’s a good decision but one State Representative from the Riverbend disagrees with the method through which it was done.
State Representative Dwight Kay (R-Glen Carbon) says the Governor’s decision doesn’t give lawmakers a chance to do their jobs.
“When you make a major change that’s going to cost some money at some point in time, that’s our job within the Legislature.
“The governor really today seized the legislative prerogative to hear a bill, debate a bill and determine whether that bill was best for the state of Illinois.
“And that’s not the governor’s job.”
* From the Illinois Constitution…
SECTION 11. GOVERNOR - AGENCY REORGANIZATION
The Governor, by Executive Order, may reassign functions among or reorganize executive agencies which are directly responsible to him. If such a reassignment or reorganization would contravene a statute, the Executive Order shall be delivered to the General Assembly. If the General Assembly is in annual session and if the Executive Order is delivered on or before April 1, the General Assembly shall consider the Executive Order at that annual session. If the General Assembly is not in annual session or if the Executive Order is delivered after April 1, the General Assembly shall consider the Executive Order at its next annual session, in which case the Executive Order shall be deemed to have been delivered on the first day of that annual session. Such an Executive Order shall not become effective if, within 60 calendar days after its delivery to the General Assembly, either house disapproves the Executive Order by the record vote of a majority of the members elected. An Executive Order not so disapproved shall become effective by its terms but not less than 60 calendar days after its delivery to the General Assembly.
Reorgs are the only executive order functions spelled out in the Constitution. And there is most definitely an available legislative check on that power.