SB3139sam002 100TH GENERAL ASSEMBLY

Sen. Jacqueline Y. Collins

Filed: 3/8/2018

10000SB3139sam002 LRB100 18054 RJF 37238 a

AMENDMENT TO SENATE BILL 3139

AMENDMENT NO. ______. Amend Senate Bill 3139 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Plain Language Task Force Act is amended by changing Sections 5, 10, 15, 20, and 25 and by adding Sections 30 and 35 as follows:

(20 ILCS 4090/5)

Sec. 5. Purpose. The mission of the Illinois Plain Language Task Force is to implement, monitor, and maintain the mission of this Act, including developing training requirements and other assistance, and to conduct a study on, and to propose any additional legislative measures designed to realize:

(1) the potential benefits of incorporating plain language in State government documents, statutes, and contracts into which the State enters; and

(2) how plain language principles might be incorporated into the statutes governing contracts among private parties so as to provide additional protections to Illinois consumers, to reduce litigation between private parties over the meaning of contractual terms, and to foster judicial economy.

(Source: P.A. 96-350, eff. 8-13-09.)

(20 ILCS 4090/10)

Sec. 10. Definition. As used in this Act:

"Plain language" shall have the same meaning as "plain writing" as used in the federal Plain Writing Act of 2010, and subsequent guidance documents, including the Federal Plain Language Guidelines has the same meaning ascribed to it in the Executive Memorandum of the President of the United States, mandating that Federal Agencies and Federal Administrative Rules employ plain language, issued June 1, 1998, namely that "plain language" documents have logical organization, easy-to-read design features, and use: (i) common, everyday words, except for necessary technical terms; (ii) "you" and other pronouns; (iii) the active voice; and (iv) short sentences.

(Source: P.A. 96-350, eff. 8-13-09.)

(20 ILCS 4090/15)

Sec. 15. Task Force.

(a) The Illinois Plain Language Task Force is hereby created. The Illinois Plain Language Task Force shall be chaired by the Governor or his or her designee and shall consist of the following members: one member appointed by the Illinois Attorney General; one member appointed by the Senate President; one member appointed by the Minority Leader of the Senate; one member appointed by the Speaker of the House; one member appointed by the Minority Leader of the House; and 3 members appointed by the Governor, one of whom represents the interests of the banking industry, one of whom represents the interests of the business community, and one of whom represents the interests of the consumers.

(b) Members of the Task Force must be appointed no later than 90 days after the effective date of this Act.

(c) If a vacancy occurs on the Task Force, it shall be filled according to the guidelines of the initial appointment.

(d) At the discretion of the chair, additional individuals may participate as non-voting members in the meetings of the Task Force.

(e) Members of the Illinois Plain Language Task Force shall serve without compensation. The Office of the Governor shall provide staff and administrative services to the Task Force.

(Source: P.A. 96-350, eff. 8-13-09.)

(20 ILCS 4090/20)

Sec. 20. Duties. Once all members have been appointed, the Task Force shall meet not less than once each quarter following the effective date of this Act to carry out the duties prescribed in this Act. An initial report delineating the Task Force's findings, conclusions, and recommendations shall be submitted to the Illinois General Assembly no later than May 31, 2019, unless such initial report has already been submitted to the General Assembly prior to the effective date of this amendatory Act of the 100th General Assembly 9 months after the effective date of this Act. Thereafter, the Task Force shall make periodic recommendations on its own motion or at the urging of the Illinois General Assembly.

(Source: P.A. 96-350, eff. 8-13-09.)

(20 ILCS 4090/25)

Sec. 25. Guidance. The Task Force shall be guided in its discussions on the subject of plain language by the federal Plain Writing Act of 2010 and subsequent guidance documents, including, but not limited to, the Federal Plain Language Guidelines the guidelines for plain language drafting promulgated by the President of the United States on June 1, 1998, which accompanied his plain language Executive Memorandum issued on the same day.

(Source: P.A. 96-350, eff. 8-13-09.)

(20 ILCS 4090/30 new)

Sec. 30. Plain language State government communications. Recognizing the importance of plain language in communication with the public:

(1) the General Assembly shall draft legislation and other public-facing documents using plain language when practicable; and

(2) the executive and judicial branches of State government are advised to make all efforts to draft executive orders, court documents, and other public facing documents using plain language.

(20 ILCS 4090/35 new)

Sec. 35. Construction. No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action. There shall be no judicial review of compliance or noncompliance with any provision of this Act.".