Executive Order Number 11-18
EXECUTIVE ORDER 2018-11
EXECUTIVE ORDER REDUCING THE SIZE OF GOVERNMENT THROUGH THE ABOLITION OF INOPERATIVE BOARDS AND COMMISSIONS
WHEREAS, the State of Illinois has created more than 600 authorities, boards, bureaus, commissions, committees, councils, task forces, or other similar entities (''boards and commissions") by statute or Executive Order; and
WHEREAS, many boards and commissions continue in name only, often serving no current public purpose; and
WHEREAS, many boards and commissions have been inactive for five years or more; and
WHEREAS, many boards and commissions were created for a special or temporary purpose, which they have fulfilled, and their continued existence is unnecessary, while others are redundant with other units of government; and
WHEREAS, good governance requires clean-up of the programs, entities, and bodies tasked with important governmental purposes to ensure transparency about the ongoing work of the State and to increase the efficiency of the executive branch; and
WHEREAS, many boards and commissions that are already expired, dissolved, or abolished continue to appear in State publications, including public-facing State websites and Legislative Research Unit reports, and Illinois residents should be provided greater clarity about their defunct status; and
WHEREAS, Section 11 of Article V of the Constitution of the State of Illinois authorizes the Governor, by Executive Order, to reorganize executive agencies which are directly responsible to him, which includes the abolition of boards and commissions;
THEREFORE, I, Bruce Rauner, Governor of Illinois, by virtue of the executive authority vested in me by Section 8 and Section 11 of Article V of the Constitution of the State of Illinois, do hereby order as follows:
As used in this Executive Order: "Abolished Entity'' means an agency designated by Exhibit A of this Executive Order to be abolished pursuant to Section II of this Executive Order. "Boards and Commissions" means authorities, boards, bureaus, commissions, committees, councils, task forces, and other similar entities created by statute or Executive Order and situated in the executive branch.
II. ABOLITION OF ENTITIES AND TRANSFER OF RIGHTS
1. The entities set forth on Exhibit A are abolished upon the taking effect of this Executive Order.
2. The rights, powers, duties, and functions vested by law in these entities by the statutes set forth on Exhibit A to this Executive Order, and all rights, powers, and duties incidental to these provisions including funding mechanisms, are also abolished 30 days after the taking effect of this Executive Order.
3. Upon the taking effect of this Executive Order, to the extent authorized by law and required to facilitate the termination of the administration of an Abolished Entity, the functions, duties, rights, responsibilities, and, to the extent they exist, books, records and unexpended balances of appropriations or funds related to each Abolished Entity shall be transferred to the Department of Central Management Services or an appropriate agency designated by the Governor's Office. Such transfers shall be completed within 30 days of the taking effect of this Executive Order.
4. The corresponding terms of members appointed to the Abolished Entities are also terminated, and their appointed offices are subsequently abolished, upon the taking effect of this Executive Order.
III. INCONSISTENT ACTS
From the effective date of this reorganization, and as long as such reorganization remains in effect, the operation of any prior act of the General Assembly inconsistent with this reorganization is suspended to the extent of the inconsistency.
IV. SAVINGS CLAUSE
1. The rights, powers, duties, and functions of each the entities abolished by this Executive Order shall be vested in and shall continue to be exercised by the Department of Central Management Services or an appropriate agency designated by the Governor's Office to the extent authorized by law and necessary to effectuate the termination of affected entities' administrative affairs. Each act done in exercise of such rights, powers, duties, and functions shall have the same legal effect as if done by the Abolished Entity. Every person shall be subject to the same obligations and duties and to the associated penalties, if any, and shall have the same rights arising from the exercise of these obligations and duties as if exercised subject to the Abolished Entity or the officers and employees of the Abolished Entity.
2. This Executive Order shall not affect any act undertaken, ratified, or cancelled or any right occurring or established or any action or proceeding commenced in an administrative, civil, or criminal case before this Executive Order takes effect, but these actions or proceedings may be prosecuted and continued by the Department of Central Management Services or an appropriate agency designated by the Governor's Office, if necessary.
3. This Executive Order shall not affect the legality of any rules in the Illinois Administrative Code that are in force on the effective date of this Executive Order, which rules have been duly adopted by a pertinent agency. Any rules, regulations, and other agency actions affected by the reorganization shall continue in effect. If necessary, however, the affected agencies shall propose, adopt, or repeal rules, rule amendments, and rule recodifications as appropriate to effectuate this Executive Order. These rule modifications shall coincide with, if applicable, the termination of the Abolished Entities' affairs.
4. Whenever reports or notices are now required to be made or given or paper or documents furnished or served by any person in regard to the functions of the abolished entities, the same shall be made, given, furnished, or served in the same manner to the Department of Central Management Services or an appropriate agency designated by the Governor's Office.
5. Whenever any provision of any previous Executive Order or any Act provides for membership on any board or commission by a representative or designee of the Abolished Entity, the Director of the Department of Central Management Services or agency head of an appropriate agency designated by the Governor shall designate the same number of representatives or designees of that agency.
6. To the extent they exist, all personnel records, documents, books, correspondence, papers, real and personal property, and other associated items in any way pertaining to the rights, powers, duties, and functions of the abolished agencies shall be delivered and transferred to the Department of Central Management Services or an appropriate agency designated by the Governor's Office, or the State Archives.
7. To the extent they exist, any unexpended balances of any appropriations or funds, grants, donations, or other moneys available for use by the abolished agencies shall be transferred to the Department of Central Management Services or an appropriate agency designated by the Governor's Office and shall be expended for similar purposes for which the appropriations, funds, grants, or other moneys were originally made or given to those entities.
8. Although no Abolished Entity has any employees, to the extent they exist, any employees of an Abolished Entity are transferred to the Department of Central Management Services or to another appropriate agency as designated by Governor's Office. All employees engaged in the performance of a function or in the administration of a law transferred by this Executive Order are transferred to the Department of Central Management Services or to another appropriate agency as designated by Governor's Office. The status and rights of any transferred employee, the State, and its agencies under the Personnel Code and applicable collective bargaining rights or under any pension, retirement, or annuity plan shall not be affected by this reorganization.
9. This Executive Order does not contravene, and shall not be construed to contravene, any federal law, State statute (except as provided in Section III), or collective bargaining agreement.
V. CLARIFICATION AND CONFIRMATION OF ABOLISHED BOARDS
As a matter of both clarification and confirmation, the boards and commissions set forth on Exhibit Ii have been abolished, either through dissolution upon completing their mandated tasks or through repeal of their statutory authority. All agencies under the jurisdiction of the Governor shall monitor their public-facing State websites and future publications to ensure that, when an agency mentions these and other inoperative boards and commissions, it identifies them as such.
VI. FURTHER ACTION
The abolition of the entities set forth on Exhibit A does not foreclose further action by the Governor to review additional boards and commissions for abolition and to effectuate that abolition by Executive Order.
VII. PRIOR EXECUTIVE ORDERS
This Executive Order supersedes any contrary provision of any other prior Executive Order.
VIII. SEVERABILITY CLAUSE
If any part of this Executive Order is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The provisions of this Executive Order are severable.
This Executive Order shall be filed with the Secretary of State. A copy of this Executive Order shall be delivered to the Secretary of the Senate and to the Clerk of the House of Representatives and, for the purpose of preparing a revisory bill, to the Legislative Reference Bureau.
X. EFFECTIVE DATE
Provided that neither house of the General Assembly disapproves of this Executive Order by the record vote of a majority of the members elected, this Executive Order shall take effect 60 days after its delivery to the General Assembly.
Bruce Rauner, Governor
Issued by Governor: September 21,2018
Filed with Secretary of State: September 21,2018
TO EXECUTIVE ORDER 2018-11
TO EXECUTIVE ORDER 2018-11
|Abolished Entity ||Legal Authorities from which the Abolished Entity Functions Derive: |
|Blindness Prevention Eye Care Advisory Committee ||20 lLCS 2310/2310-612|
|Illinois Business Development Council||20 ILCS 605/605-300|
|Childhood Cancer Research Board||20 ILCS 231012310-349|
|Chronic Disease Nutrition and Outcomes Advisory Commission||20 ILCS 2310/231o-77|
|Chronic Disease Prevention and Health Promotion Task Force||20 ILCS 2310/2310-76|
|Clinical Laboratory and Blood Bank Advisory Board||210 ILCS 25/5-101, 102. 103|
|Commercialization Grant-in-aid Council||20 ILCS 605/605-360|
|Community Water Supply Testing Council||415 ILCS 5117.7|
|Construction Employment Initiative Advisory Board ||30 lLCS 577/35-20(d)|
|Digital Divide Elimination Advisory Committee||30 ILCS 780/5-30(e), (f)|
|Digital Divide Elimination Working Group||30 ILCS 780/5-30(f), (g)|
|Illinois Disabilities Services Advisory Committee||20 ILCS 2407/20,53|
|Economic Data Task Force||820 ILCS 405/1900.2|
|Epilepsy Advisory Committee||410 ILCS 413/15, 20|
|Facilities Report Card Advisory Committee||210 ILCS 86/25(c)|
|Governor's Council on Health and Physical Fitness||20 ILCS 3950/2,2.1, 3, 8|
|Health Care Event Reporting Advisory Committee||410 ILCS 522/10-40, 10-45|
|Health Care Workplace Violence Prevention Task Force||405 ILCS 90/35(b)|
|Hearing Instrument Consumer Protection Board||22s ILCS S0/8, 13, 15, 16, 17, 18, 21, 22, 23, 27.1, 30|
|Hepatitis Advisory Council||20 ILCS 2310/2310-376(d)|
|HIV/AIDS Response Review Panel||410 ILCS 303/25|
|Illinois Board of Athletic Trainers||225 ILCS 515, 6, 19, 21, 22, 24|
|Informal Dispute Resolution Advisory Committee||20 ILCS 2310/2310-560|
|Innovations in Long-Term Care Quality Demonstration Grants Commission||30 ILCS 772/20|
|Internet Privacy Task Force||5 ILCS 177110, 15|
|Interstate Sex Offender Task Force||20 ILCS 40241|
|Task Force on Inventorying Employment Restrictions ||20 ILCS 5000/15|
|Advisory Board for the Maternal and Child Health Block Grant Programs||410 ILCS 22111, 5, 10, 15|
|Mental Health Services Strategic Planning Task Force||20 ILCS 1705/18.6(a)|
|Migrant Labor Camps Advisory Committee||210 ILCS 110/13A|
|Technical Advisory Committee on Poison Prevention Packaging||430 ILCS 40/6|
|Radiation Protection Advisory Council ||420 ILCS 40/14|
|Illinois Regenerative Medicine Institute Oversight Committee||410 ILCS 110/10, 20, 25, 30, 35|
|Illinois Science and Technology Commission||20 ILCS 605/605-1000|
|Advisory Council on Spinal Cord and Head Injuries||410 ILCS 51511, 3, 6|
|State Healthcare Workforce Council|| 20 ILCS 2325/1, 5, 10, 15, 20,25|
|Steel Development Board||20 ILCS 605/605-425|
TO EXECUTIVE ORDER 2018-11
|Defunct Entity|| Statutes from which the Defunct Entity Functions Derive||Means by which the Entity Became Defunct|
|Abraham Lincoln Presidential Library Advisory Board||20 lLCS 3405/30, 31, 32, 33, 34||Repealed by P.A. 100- 120, eff. 8-18-17.|
|Taskforce on the Advancement of Materials Recycling|| 4151LCS 20/7.4||Repealed by P.A. 99- 933, eff. 1-27-17|
|Assisted Living and Shared Housing Advisory Board||210 ILCS 9/125||Repealed by P.A. 96- 975, eff. 7-2-10|
|Atherosclerosis Advisory Committee||410 ILCS 3/10||Repealed by P.A. 98- 692, eff. 7-1-14|
|Cervical Cancer Elimination Task Force||20 ILCS 2310/2310-353||Repealed by P.A. 99- 933, eff. 1-27-17|
|Community Care Program Services Task Force||20 ILCS 105/4.02g||Dissolved internally upon filing final report, approved 1-25-18. Repealed internally, eff. 3-1-18 (P.A. 100-23, eff. 7-6~17)|
|Advisory Council on Compensatory Education|| 105 ILCS 5/14B-1||Repealed by P.A. 96- 734, eff. 8-25-09|
|Task Force on the Conservation and Quality of the Great Lakes||525 ILCS 25/10||Repealed by P.A. 98- 692, eff. 7-1-14; 98-822, eff. 8-1-14|
|Board of Currency Exchange Advisors||205 ILCS 405/22.03||Repealed by P.A. 97- 315, eff. 1-1-12|
|Disabled Veterans Procurement Task Force||30 ILCS 500/45-57||Repealed by P.A. 97- 260, eff. 8-5-11|
|Illinois Discharged Servicemember Task Force||20 ILCS 2805/20||Repealed internally, eff. 7-1-2018 (P.A. 100-10, eff. 6-30-17)|
|Diversity Program Commission||65 ILCS 120/5-42||Repealed by P.A. 99- 576, eff. 7-15-2016|
|Drycleaner Environmental Response Trust Fund Task Force||415 ILCS 135/27||Repealed internally, eff. 1-1-16 (P.A. 98-327, eff. 8-13-13)|
|East St. Louis Financial Advisory Authority||65 ILCS 5/Art. 8 Div. 12||Abolished 12/20113 in accordance with 65 ILCS 5/8-12-22(c)|
|Freedom Trail Commission||20 ILCS 3405/20||Repealed by P.A. 99-576, eff. 7-15-16.|
|Health Data Task Force||20 ILCS 2310/2310-367||Repealed by P.A. 99-933, eff. 1-27-17|
|Health Maintenance Advisory Board||215 ILCS 125/2-2||Repealed by P .A. 100-63, eff. 8-11-17|
|Hearing Screening Advisory Committee||410 ILCS 213/20||Repealed by P.A. 99-834, eff. 8-19-16|
|Hepatitis C Task Force||20 ILCS 2310/2310-675||Repealed internally, eff. 1-1-17 (P.A. 99-429, eff. 1-1-16)|
|Home Repair and Construction Task Force ||20 ILCS 5050/||Repealed internally, eff. 1-1-16 (P.A. 98-1030, eff. 8-25-14)|
|Human Services 211 Collaboration Board ||20 ILCS 3956/10||Abolished in accordance with 20 ILCS 3956/90|
|Human Services 211 Collaboration Board Advisory Panel||20 ILCS 1130/5||Repealed by P.A. 95-728, eff. 7-1-08|
|Industrial Advisory Committee Industrial Hygiene Examining Board ||225 ILCS 52/10, 35||Repealed by P.A. 98-78, eff. 7-15-13|
|Innovation, Intervention, and Restructuring Task Force ||105 ILCS 5/2-3.64b||Repealed by P.A. 99-30, eff. 7-10-15|
|Low-Level Radioactive Waste Task Force ||420 ILCS 20/10.2, 10.3, 14||Repealed by P.A. 100-146, eff. 1-1-18|
|Motor Sports Promotion Council Task Force ||20 ILCS 605/605-970 ||Repealed by P.A. 99- 933, eff. 1-27-17|
|Multiple Sclerosis Task Force||20 ILCS 2310/2310-680||Repealed internally, eff. 1-1-16 (P.A. 98-756, eff . 7-16-14)|
|Commission on Police Professionalism||50 ILCS 725/8||Repealed internally, eff. 4-1-16 (P.A. 99-494, eff. 12-17-15)|
|Precious Metal Purchasers Task Force ||205 ILCS 510/20||Repealed internally, eff. I 6-30-15 (P.A. 98-934, eff. 8-15-14)|
|Task Force on Radon-Resistant Building Codes ||420 ILCS 44/28 ||Repealed by P .A. 99-933, eff. 1-27-17 |
|Senior Pharmaceutical Assistance Review Committee||320 ILCS 50/15 ||Repealed by P.A. 98-8, eff. 5-3-13|
|Illinois Small Business and Workforce Development Task Force||20 ILCS 5045/5 ||Repealed internally, eff. 1-1-17 (P.A. 98-515, eff. 8-22-13)|
|State Stroke Task Force||20 ILCS 2310/2310-372 ||Repealed by P.A. 99-933, eff. 1-27-17|
|Thoroughbred Breeder's Program Task Force||230 ILCS 5/30(o)||Repealed by P .A. 98-692, eff. 7-1-14|
|Use and Occupation Tax Reform Task Force||20 ILCS 2505/2505-755||Repealed internally, eff. 1-1-17 (P.A. 98-1098, eff. 8-26-14)|
|Utilization of Renewable Energy on State-Owned Properties Task Force||20 ILCS 687/6-6.5||Repealed internally, eff. 1-1-17 (P.A. 99-155, eff. 7-28-15)|
|Wholesale Drug Distributor Advisory Committee||5 ILCS 80/4.13; 225'ILCS 120/45 ||Repealed by P.A. 95-331, eff. 8-21-07; Repealed by P.A. 95-689, eff. 10-29-07|
|David A. Wirsing Food Animal Institute Board||20 ILCS 3931/15 ||Repealed by P.A. 100-116, eff. 8-15-17|
|Workforce Task Force for Persons with Disabilities||405 ILCS 80/ Art. X heading||Repealed by P.A 99-933, eff. 1-27-17|