Illinois General Assembly - Full Text of SB1415
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Full Text of SB1415  98th General Assembly

SB1415sam001 98TH GENERAL ASSEMBLY

Sen. Kirk W. Dillard

Filed: 4/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1415

2    AMENDMENT NO. ______. Amend Senate Bill 1415 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Board
5of Legislative Repealers Act.
 
6    Section 5. Board of Legislative Repealers.
7    (a) The General Assembly authorizes the Joint Committee on
8Legislative Support Services to create the Board of Legislative
9Repealers. Under this authority, the Joint Committee on
10Legislative Support Services shall create the Board of
11Legislative Repealers as a not-for-profit foundation. The
12Joint Committee shall file articles of incorporation as
13required under the General Not For Profit Corporation Act of
141986 to create a not for profit corporation with the legal name
15"Board of Legislative Repealers". The members of the board of
16directors of the Board of Legislative Repealers shall be

 

 

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1appointed as follows:
2        One member of the public appointed by the President of
3    the Senate;
4        One member of the public appointed by the Minority
5    Leader of the Senate;
6        One member of the public appointed by the Speaker of
7    the House of Representatives; and
8        One member of the public appointed by the Minority
9    Leader of the House of Representatives.
10    The members of the board of directors of the Board shall
11elect from their number a chairperson, and such other officers
12as they may choose.
13    (b) The members of the board of directors of the Board
14shall serve at the pleasure of their respective appointing
15authorities.
16    (c) The members of the board of directors of the Board
17shall serve without compensation, but may be reimbursed for
18expenses from funds held in the Board of Legislative Repealers
19Fund.
20    (d) As directed by the Joint Committee on Legislative
21Support Services, the Joint Committee on Administrative Rules,
22the Legislative Information System, the Legislative Reference
23Bureau, and the Legislative Research Unit shall provide
24technical support and information to the Board in fulfilling
25its mission.
 

 

 

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1    Section 10. Purpose and duties.
2    (a) The Board of Legislative Repealers shall:
3        (1) Identify, according to a schedule set by the Board,
4    specific State laws or regulations that are duplicative, in
5    conflict, contradictory, anachronistic, or obsolete or
6    have been held unconstitutional by the United States
7    Supreme Court or the Illinois Supreme Court.
8        (2) Create, at the earliest possible date, a system for
9    soliciting and receiving public comments on various laws or
10    regulations to be considered by the Board of Legislative
11    Repealers for possible repeal, modification, or revision
12    due to being duplicative, in conflict, contradictory,
13    anachronistic, or obsolete or having been held
14    unconstitutional by the United States Supreme Court or the
15    Illinois Supreme Court. That system for receiving comments
16    shall include a public online portal that is accessible
17    through the website maintained by the Illinois General
18    Assembly.
19        (3) Determine, based on criteria adopted by the Board,
20    that a State law or regulation is duplicative, in conflict,
21    contradictory, anachronistic, or obsolete or has been held
22    unconstitutional by the United States Supreme Court or the
23    Illinois Supreme Court, and, upon making that
24    determination, recommending to the originating body either
25    the repeal, modification, or revision of the law or
26    regulation. The recommendation shall set forth with

 

 

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1    specificity the justification for the requested repeal,
2    modification, or revision.
3        (4) Implement a tracking system to follow the action
4    taken by any originating body on any recommendation made by
5    the Board of Legislative Repealers in order to prepare
6    annual reports to the Joint Committee on Legislative
7    Support Services regarding the progress of repeal,
8    modification, or revision.
9        (5) Receive and consider suggestions from judges,
10    justices, public officials, lawyers, and the public
11    generally regarding State laws or regulations that are
12    duplicative, in conflict, contradictory, anachronistic, or
13    obsolete or have been held unconstitutional by the United
14    States Supreme Court or the Illinois Supreme Court, and
15    make that information available to members of the General
16    Assembly upon request.
17        (6) Report its proceedings to the Joint Committee on
18    Legislative Support Services on or before February 1, 2015,
19    and every February 1 thereafter, and, if it deems doing so
20    is advisable, to accompany its report with proposed
21    legislation to carry out any of its recommendations.
22        (7) Recommend, as a part of its annual report,
23    revisions in the law that the Board of Legislative
24    Repealers deems necessary to repeal, modify, or revise
25    State laws or regulations that are duplicative, in
26    conflict, contradictory, anachronistic, or obsolete or

 

 

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1    have been held unconstitutional by the United States
2    Supreme Court or the Illinois Supreme Court.
3    (b) Official action by the Board shall require the
4affirmative vote of 3 members of the board of directors of the
5Board, and the presence of 3 members of the board of directors
6of the Board shall constitute a quorum.
7    (c) The Board shall operate within the provisions of the
8General Not For Profit Corporation Act of 1986.
9    (d) As soon as practical after the Board is created, the
10members of the board of directors of the Board shall meet,
11organize, and designate, by majority vote, a chairperson and
12any additional officers that may be needed to carry out the
13activities of the Board as provided for in this Section, and
14shall adopt bylaws of the Board. The Board may adopt any bylaws
15that are necessary to implement the requirements of this Act.
16    (e) The Board shall conduct its activities in accordance
17with the requirements of the Internal Revenue Code to ensure
18the tax deductibility of gifts and contributions from private
19parties.
20    (f) The Joint Committee on Legislative Support Services may
21adopt other rules deemed necessary to govern Board procedures.
 
22    Section 15. Funding.
23    (a) The Board may accept gifts or grants from the federal
24government, its agencies or officers, or from any person, firm,
25or corporation, and may expend receipts on activities that it

 

 

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1considers suitable to the performance of its duties under this
2Act and consistent with any requirement of the grant, gift, or
3bequest. Funds collected by the Board shall be considered
4private funds, except those received from public entities, and
5shall be deposited and held by the State Treasurer, as
6ex-officio custodian thereof, in an special trust fund outside
7of the State Treasury. The trust fund shall be known as the
8"Board of Legislative Repealers Fund", and shall be
9administered by a majority vote of the board of directors of
10the Board. Private funds collected by the Board are not subject
11to the Public Funds Investment Act.
12    (b) Board procurement is exempt from the Illinois
13Procurement Code when private funds are used for procurement
14expenditures. The Board's accounts and books shall be set up
15and maintained according to generally accepted accounting
16principles, and the Board and its officers shall be responsible
17for the approval of recording of receipts, approval of
18payments, and the proper filing of required reports.
19    (c) The Board must provide a written notice to any entity
20providing a gift, grant, or bequest to the Board that the Board
21is not subject to the provisions of the Public Funds Investment
22Act which Act places limitations on the types of securities in
23which a public agency may invest public funds.
 
24    Section 20. The Legislative Commission Reorganization Act
25of 1984 is amended by changing Sections 2-1 and 4-2 as follows:
 

 

 

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1    (25 ILCS 130/2-1)  (from Ch. 63, par. 1002-1)
2    Sec. 2-1. The Joint Committee on Administrative Rules is
3hereby established as a legislative support services agency.
4The Joint Committee on Administrative Rules is subject to the
5provisions of this Act and shall perform the powers and duties
6delegated to it under "The Illinois Administrative Procedure
7Act", as now or hereafter amended, and such other functions as
8may be provided by law. As directed by the Joint Committee on
9Legislative Support Services, the Joint Committee on
10Administrative Rules shall provide technical support and
11information to the Board of Legislative Repealers.
12(Source: P.A. 83-1257.)
 
13    (25 ILCS 130/4-2)  (from Ch. 63, par. 1004-2)
14    Sec. 4-2. Intergovernmental functions. It shall be the
15function of the Legislative Research Unit:
16        (1) To carry forward the participation of this State as
17    a member of the Council of State Governments.
18        (2) To encourage and assist the legislative,
19    executive, administrative and judicial officials and
20    employees of this State to develop and maintain friendly
21    contact by correspondence, by conference, and otherwise,
22    with officials and employees of the other States, of the
23    Federal Government, and of local units of government.
24        (3) To endeavor to advance cooperation between this

 

 

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1    State and other units of government whenever it seems
2    advisable to do so by formulating proposals for, and by
3    facilitating:
4            (a) The adoption of compacts.
5            (b) The enactment of uniform or reciprocal
6        statutes.
7            (c) The adoption of uniform or reciprocal
8        administrative rules and regulations.
9            (d) The informal cooperation of governmental
10        offices with one another.
11            (e) The personal cooperation of governmental
12        officials and employees with one another individually.
13            (f) The interchange and clearance of research and
14        information.
15            (g) Any other suitable process, and
16            (h) To do all such acts as will enable this State
17        to do its part in forming a more perfect union among
18        the various governments in the United States and in
19        developing the Council of State Governments for that
20        purpose.
21        (4) As directed by the Joint Committee on Legislative
22    Support Services, to provide technical support and
23    information to the Board of Legislative Repealers.
24(Source: P.A. 93-632, eff. 2-1-04.)
 
25    Section 25. The Legislative Reference Bureau Act is amended

 

 

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1by amending Section 5 and adding Section 5.08 as follows:
 
2    (25 ILCS 135/5)  (from Ch. 63, par. 29)
3    Sec. 5. The reference bureau has the duties enumerated in
4Sections 5.01 through 5.08 5.07.
5(Source: P.A. 83-1257.)
 
6    (25 ILCS 135/5.08 new)
7    Sec. 5.08. Cooperation with Board of Legislative
8Repealers. As directed by the Joint Committee on Legislative
9Support Services, the Legislative Reference Bureau shall
10provide technical support and information to the Board of
11Legislative Repealers.
 
12    Section 30. The Legislative Information System Act is
13amended by adding Section 5.10 as follows:
 
14    (25 ILCS 145/5.10 new)
15    Sec. 5.10. Cooperation with Board of Legislative
16Repealers. As directed by the Joint Committee on Legislative
17Support Services, the Legislative Information System shall
18provide technical support and information to the Board of
19Legislative Repealers.
 
20    Section 99. Effective date. This Act takes effect July 1,
212014.".