Rep. Ron Sandack
Filed: 5/8/2014
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1 | AMENDMENT TO HOUSE BILL 5507
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2 | AMENDMENT NO. ______. Amend House Bill 5507 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Board | ||||||
5 | of Legislative Repealers Act. | ||||||
6 | Section 5. Board of Legislative Repealers. | ||||||
7 | (a) The General Assembly authorizes the Joint Committee on | ||||||
8 | Legislative Support Services to create the Board of Legislative | ||||||
9 | Repealers. Under this authority, the Joint Committee on | ||||||
10 | Legislative Support Services shall create the Board of | ||||||
11 | Legislative Repealers as a not-for-profit foundation. The | ||||||
12 | Joint Committee shall file articles of incorporation as | ||||||
13 | required under the General Not For Profit Corporation Act of | ||||||
14 | 1986 to create a not for profit corporation with the legal name | ||||||
15 | "Board of Legislative Repealers". The members of the board of | ||||||
16 | directors of the Board of Legislative Repealers shall be |
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1 | appointed as follows: | ||||||
2 | One member of the public appointed by the President of | ||||||
3 | the Senate;
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4 | One member of the public appointed by the Minority | ||||||
5 | Leader of the Senate;
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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.
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10 | The members of the board of directors of the Board shall | ||||||
11 | elect from their number a chairperson and such other officers | ||||||
12 | as they may choose. | ||||||
13 | (b) The members of the board of directors of the Board | ||||||
14 | shall serve at the pleasure of their respective appointing | ||||||
15 | authorities. | ||||||
16 | (c) The members of the board of directors of the Board | ||||||
17 | shall serve without compensation, but may be reimbursed for | ||||||
18 | expenses from funds held in the Board of Legislative Repealers | ||||||
19 | Fund. | ||||||
20 | (d) As directed by the Joint Committee on Legislative | ||||||
21 | Support Services, the Joint Committee on Administrative Rules, | ||||||
22 | the Legislative Information System, the Legislative Reference | ||||||
23 | Bureau, and the Legislative Research Unit shall provide | ||||||
24 | technical support and information to the Board in fulfilling | ||||||
25 | its 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 | ||||||
4 | affirmative vote of 3 members of the board of directors of the | ||||||
5 | Board, and the presence of 3 members of the board of directors | ||||||
6 | of the Board shall constitute
a quorum. | ||||||
7 | (c) The Board shall operate within the provisions of the | ||||||
8 | General Not For Profit Corporation Act of 1986. | ||||||
9 | (d) As soon as practical after the Board is created, the | ||||||
10 | members of the board of directors of the Board shall meet, | ||||||
11 | organize, and designate, by majority vote, a chairperson and | ||||||
12 | any additional officers that may be needed to carry out the | ||||||
13 | activities of the Board as provided for in this Section, and | ||||||
14 | shall adopt bylaws of the Board. The Board may adopt any bylaws | ||||||
15 | that are necessary to implement the requirements of this Act. | ||||||
16 | (e) The Board shall conduct its activities in accordance | ||||||
17 | with the requirements of the Internal Revenue Code to ensure | ||||||
18 | the tax deductibility of gifts and contributions from private | ||||||
19 | parties. | ||||||
20 | (f) The Joint Committee on Legislative Support Services may | ||||||
21 | adopt other rules deemed necessary to govern Board procedures. | ||||||
22 | Section 15. Funding. | ||||||
23 | (a) The Board may accept gifts or grants from the federal | ||||||
24 | government, its agencies or officers, or from any person, firm, | ||||||
25 | or corporation, and may expend receipts on activities that it |
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1 | considers suitable to the performance of its duties under this | ||||||
2 | Act and consistent with any requirement of the grant, gift, or | ||||||
3 | bequest. Funds collected by the Board shall be considered | ||||||
4 | private funds, except those received from public entities, and | ||||||
5 | shall be deposited and held by the State Treasurer, as | ||||||
6 | ex-officio custodian thereof, in a special trust fund outside | ||||||
7 | of the State treasury. The trust fund shall be known as the | ||||||
8 | "Board of Legislative Repealers Fund" and shall be administered | ||||||
9 | by a majority vote of the board of directors of the Board. | ||||||
10 | Private funds collected by the Board are not subject to the | ||||||
11 | Public Funds Investment Act. | ||||||
12 | (b) Board procurement is exempt from the Illinois | ||||||
13 | Procurement Code when private funds are used for procurement | ||||||
14 | expenditures. The Board's accounts and books shall be set up | ||||||
15 | and maintained according to generally accepted accounting | ||||||
16 | principles, and the Board and its officers shall be responsible | ||||||
17 | for the approval of recording of receipts, approval of | ||||||
18 | payments, and the proper filing of required reports. | ||||||
19 | (c) The Board must provide a written notice to any entity | ||||||
20 | providing a gift, grant, or bequest to the Board that the Board | ||||||
21 | is not subject to the provisions of the Public Funds Investment | ||||||
22 | Act, which Act places limitations on the types of securities in | ||||||
23 | which a public agency may invest public funds. | ||||||
24 | Section 20. The Legislative Commission Reorganization Act | ||||||
25 | of 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)
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2 | Sec. 2-1.
The Joint Committee on Administrative Rules is | ||||||
3 | hereby established
as a legislative support services agency. | ||||||
4 | The Joint Committee on Administrative
Rules is subject to the | ||||||
5 | provisions of this Act and shall perform the powers
and duties | ||||||
6 | delegated to it under "The Illinois Administrative Procedure
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7 | Act", as now or hereafter amended, and such other functions as | ||||||
8 | may be provided by law. As directed by the Joint Committee on | ||||||
9 | Legislative Support Services, the Joint Committee on | ||||||
10 | Administrative
Rules shall provide technical support and | ||||||
11 | information to the Board of Legislative Repealers.
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12 | (Source: P.A. 83-1257.)
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13 | (25 ILCS 130/4-2) (from Ch. 63, par. 1004-2)
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14 | Sec. 4-2. Intergovernmental functions. It shall be the | ||||||
15 | function of the
Legislative Research Unit:
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16 | (1) To carry forward the participation of this State as | ||||||
17 | a member of
the Council of State Governments.
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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
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23 | Federal Government, and of local units of government.
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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:
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4 | (a) The adoption of compacts.
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5 | (b) The enactment of uniform or reciprocal | ||||||
6 | statutes.
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7 | (c) The adoption of uniform or reciprocal | ||||||
8 | administrative rules and
regulations.
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9 | (d) The informal cooperation of governmental | ||||||
10 | offices with one
another.
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11 | (e) The personal cooperation of governmental | ||||||
12 | officials and employees
with one another individually.
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13 | (f) The interchange and clearance of research and | ||||||
14 | information.
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15 | (g) Any other suitable process, and
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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.
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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.)
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25 | Section 25. The Legislative Reference Bureau Act is amended |
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1 | by changing Section 5 and adding Section 5.08 as follows:
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2 | (25 ILCS 135/5) (from Ch. 63, par. 29)
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3 | Sec. 5.
The reference bureau has the duties enumerated in | ||||||
4 | Sections
5.01 through 5.08 5.07 .
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5 | (Source: P.A. 83-1257.)
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6 | (25 ILCS 135/5.08 new) | ||||||
7 | Sec. 5.08. Cooperation with Board of Legislative | ||||||
8 | Repealers. As directed by the Joint Committee on Legislative | ||||||
9 | Support Services, the Legislative Reference Bureau shall | ||||||
10 | provide technical support and information to the Board of | ||||||
11 | Legislative Repealers. | ||||||
12 | Section 30. The Legislative Information System Act is | ||||||
13 | amended by adding Section 5.10 as follows: | ||||||
14 | (25 ILCS 145/5.10 new) | ||||||
15 | Sec. 5.10. Cooperation with Board of Legislative | ||||||
16 | Repealers. As directed by the Joint Committee on Legislative | ||||||
17 | Support Services, the Legislative Information System shall | ||||||
18 | provide technical support and information to the Board of | ||||||
19 | Legislative Repealers.
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20 | Section 99. Effective date. This Act takes effect July 1, | ||||||
21 | 2014.".
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