HB0789 100TH GENERAL ASSEMBLY

LRB100 07121 RJF 17176 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0789

Introduced , by Rep. Tom Demmer

SYNOPSIS AS INTRODUCED:

New Act
25 ILCS 130/2-1	from Ch. 63, par. 1002-1
25 ILCS 130/4-2	from Ch. 63, par. 1004-2
25 ILCS 135/5	from Ch. 63, par. 29
25 ILCS 135/5.08 new
25 ILCS 145/5.10 new

Creates the Board of Legislative Repealers Act. Establishes the Board of Legislative Repealers as a not for profit corporation. Directs the Board to determine instances in which State laws and regulations are duplicative, in conflict, contradictory, anachronistic, obsolete, or have been held unconstitutional by the United States Supreme Court or the Illinois Supreme Court, and to create a system for receiving public comments, and to recommend changes in the law that it deems necessary to repeal, modify or revise such laws and regulations. Authorizes the Board to set a schedule to make the identifications required by the Act and to adopt criteria to be used to determine whether a State law or regulation is duplicative, in conflict, contradictory, anachronistic, obsolete, or has been held unconstitutional by the United States Supreme Court or the Illinois Supreme Court. Requires the Joint Committee on Administrative Rules, the Legislative Information System, the Legislative Reference Bureau, and the Legislative Research Unit to provide technical support and information to the Board, as directed by the Joint Committee on Legislative Support Services. Authorizes the Board to adopt bylaws necessary to implement the Act. Makes conforming changes to the Legislative Commission Reorganization Act of 1984, the Legislative Reference Bureau Act, and the Legislative Information Service Act. Effective July 1, 2017.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Board of Legislative Repealers Act.

Section 5. Board of Legislative Repealers.

(a) The General Assembly authorizes the Joint Committee on Legislative Support Services to create the Board of Legislative Repealers. Under this authority, the Joint Committee on Legislative Support Services shall create the Board of Legislative Repealers as a not-for-profit foundation. The Joint Committee shall file articles of incorporation as required under the General Not For Profit Corporation Act of 1986 to create a not for profit corporation with the legal name "Board of Legislative Repealers". The members of the board of directors of the Board of Legislative Repealers shall be appointed as follows:

One member of the public appointed by the President of the Senate;

One member of the public appointed by the Minority Leader of the Senate;

One member of the public appointed by the Speaker of the House of Representatives; and

One member of the public appointed by the Minority Leader of the House of Representatives.

The members of the board of directors of the Board shall elect from their number a chairperson and such other officers as they may choose.

(b) The members of the board of directors of the Board shall serve at the pleasure of their respective appointing authorities.

(c) The members of the board of directors of the Board shall serve without compensation, but may be reimbursed for expenses from funds held in the Board of Legislative Repealers Fund.

(d) As directed by the Joint Committee on Legislative Support Services, the Joint Committee on Administrative Rules, the Legislative Information System, the Legislative Reference Bureau, and the Legislative Research Unit shall provide technical support and information to the Board in fulfilling its mission.

Section 10. Purpose and duties.

(a) The Board of Legislative Repealers shall:

(1) Identify, according to a schedule set by the Board, specific State laws or regulations that are duplicative, in conflict, contradictory, anachronistic, or obsolete or have been held unconstitutional by the United States Supreme Court or the Illinois Supreme Court.

(2) Create, at the earliest possible date, a system for soliciting and receiving public comments on various laws or regulations to be considered by the Board of Legislative Repealers for possible repeal, modification, or revision due to being duplicative, in conflict, contradictory, anachronistic, or obsolete or having been held unconstitutional by the United States Supreme Court or the Illinois Supreme Court. That system for receiving comments shall include a public online portal that is accessible through the website maintained by the Illinois General Assembly.

(3) Determine, based on criteria adopted by the Board, that a State law or regulation is duplicative, in conflict, contradictory, anachronistic, or obsolete or has been held unconstitutional by the United States Supreme Court or the Illinois Supreme Court, and, upon making that determination, recommending to the originating body either the repeal, modification, or revision of the law or regulation. The recommendation shall set forth with specificity the justification for the requested repeal, modification, or revision.

(4) Implement a tracking system to follow the action taken by any originating body on any recommendation made by the Board of Legislative Repealers in order to prepare annual reports to the Joint Committee on Legislative Support Services regarding the progress of repeal, modification, or revision.

(5) Receive and consider suggestions from judges, justices, public officials, lawyers, and the public generally regarding State laws or regulations that are duplicative, in conflict, contradictory, anachronistic, or obsolete or have been held unconstitutional by the United States Supreme Court or the Illinois Supreme Court, and make that information available to members of the General Assembly upon request.

(6) Report its proceedings to the Joint Committee on Legislative Support Services on or before February 1, 2018, and every February 1 thereafter, and, if it deems doing so is advisable, to accompany its report with proposed legislation to carry out any of its recommendations.

(7) Recommend, as a part of its annual report, revisions in the law that the Board of Legislative Repealers deems necessary to repeal, modify, or revise State laws or regulations that are duplicative, in conflict, contradictory, anachronistic, or obsolete or have been held unconstitutional by the United States Supreme Court or the Illinois Supreme Court.

(b) Official action by the Board shall require the affirmative vote of 3 members of the board of directors of the Board, and the presence of 3 members of the board of directors of the Board shall constitute a quorum.

(c) The Board shall operate within the provisions of the General Not For Profit Corporation Act of 1986.

(d) As soon as practical after the Board is created, the members of the board of directors of the Board shall meet, organize, and designate, by majority vote, a chairperson and any additional officers that may be needed to carry out the activities of the Board as provided for in this Section, and shall adopt bylaws of the Board. The Board may adopt any bylaws that are necessary to implement the requirements of this Act.

(e) The Board shall conduct its activities in accordance with the requirements of the Internal Revenue Code to ensure the tax deductibility of gifts and contributions from private parties.

(f) The Joint Committee on Legislative Support Services may adopt other rules deemed necessary to govern Board procedures.

Section 15. Funding.

(a) The Board may accept gifts or grants from the federal government, its agencies or officers, or from any person, firm, or corporation, and may expend receipts on activities that it considers suitable to the performance of its duties under this Act and consistent with any requirement of the grant, gift, or bequest. Funds collected by the Board shall be considered private funds, except those received from public entities, and shall be deposited and held by the State Treasurer, as ex-officio custodian thereof, in a special trust fund outside of the State treasury. The trust fund shall be known as the "Board of Legislative Repealers Fund" and shall be administered by a majority vote of the board of directors of the Board. Private funds collected by the Board are not subject to the Public Funds Investment Act.

(b) Board procurement is exempt from the Illinois Procurement Code when private funds are used for procurement expenditures. The Board's accounts and books shall be set up and maintained according to generally accepted accounting principles, and the Board and its officers shall be responsible for the approval of recording of receipts, approval of payments, and the proper filing of required reports.

(c) The Board must provide a written notice to any entity providing a gift, grant, or bequest to the Board that the Board is not subject to the provisions of the Public Funds Investment Act, which Act places limitations on the types of securities in which a public agency may invest public funds.

Section 20. The Legislative Commission Reorganization Act of 1984 is amended by changing Sections 2-1 and 4-2 as follows:

(25 ILCS 130/2-1) (from Ch. 63, par. 1002-1)

Sec. 2-1. The Joint Committee on Administrative Rules is hereby established as a legislative support services agency. The Joint Committee on Administrative Rules is subject to the provisions of this Act and shall perform the powers and duties delegated to it under "The Illinois Administrative Procedure Act", as now or hereafter amended, and such other functions as may be provided by law. As directed by the Joint Committee on Legislative Support Services, the Joint Committee on Administrative Rules shall provide technical support and information to the Board of Legislative Repealers.

(Source: P.A. 83-1257.)

(25 ILCS 130/4-2) (from Ch. 63, par. 1004-2)

Sec. 4-2. Intergovernmental functions. It shall be the function of the Legislative Research Unit:

(1) To carry forward the participation of this State as a member of the Council of State Governments.

(2) To encourage and assist the legislative, executive, administrative and judicial officials and employees of this State to develop and maintain friendly contact by correspondence, by conference, and otherwise, with officials and employees of the other States, of the Federal Government, and of local units of government.

(3) To endeavor to advance cooperation between this State and other units of government whenever it seems advisable to do so by formulating proposals for, and by facilitating:

(a) The adoption of compacts.

(b) The enactment of uniform or reciprocal statutes.

(c) The adoption of uniform or reciprocal administrative rules and regulations.

(d) The informal cooperation of governmental offices with one another.

(e) The personal cooperation of governmental officials and employees with one another individually.

(f) The interchange and clearance of research and information.

(g) Any other suitable process, and

(h) To do all such acts as will enable this State to do its part in forming a more perfect union among the various governments in the United States and in developing the Council of State Governments for that purpose.

(4) As directed by the Joint Committee on Legislative Support Services, to provide technical support and information to the Board of Legislative Repealers.

(Source: P.A. 93-632, eff. 2-1-04.)

Section 25. The Legislative Reference Bureau Act is amended by changing Section 5 and adding Section 5.08 as follows:

(25 ILCS 135/5) (from Ch. 63, par. 29)

Sec. 5. The reference bureau has the duties enumerated in Sections 5.01 through 5.08 5.07.

(Source: P.A. 83-1257.)

(25 ILCS 135/5.08 new)

Sec. 5.08. Cooperation with Board of Legislative Repealers. As directed by the Joint Committee on Legislative Support Services, the Legislative Reference Bureau shall provide technical support and information to the Board of Legislative Repealers.

Section 30. The Legislative Information System Act is amended by adding Section 5.10 as follows:

(25 ILCS 145/5.10 new)

Sec. 5.10. Cooperation with Board of Legislative Repealers. As directed by the Joint Committee on Legislative Support Services, the Legislative Information System shall provide technical support and information to the Board of Legislative Repealers.

Section 99. Effective date. This Act takes effect July 1, 2017.