HB0789 100TH GENERAL ASSEMBLY

  
  

 


 
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.


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A BILL FOR

 

HB0789LRB100 07121 RJF 17176 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17appointed as follows:
18        One member of the public appointed by the President of
19    the Senate;
20        One member of the public appointed by the Minority
21    Leader of the Senate;
22        One member of the public appointed by the Speaker of
23    the House of Representatives; and

 

 

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1        One member of the public appointed by the Minority
2    Leader of the House of Representatives.
3    The members of the board of directors of the Board shall
4elect from their number a chairperson and such other officers
5as they may choose.
6    (b) The members of the board of directors of the Board
7shall serve at the pleasure of their respective appointing
8authorities.
9    (c) The members of the board of directors of the Board
10shall serve without compensation, but may be reimbursed for
11expenses from funds held in the Board of Legislative Repealers
12Fund.
13    (d) As directed by the Joint Committee on Legislative
14Support Services, the Joint Committee on Administrative Rules,
15the Legislative Information System, the Legislative Reference
16Bureau, and the Legislative Research Unit shall provide
17technical support and information to the Board in fulfilling
18its mission.
 
19    Section 10. Purpose and duties.
20    (a) The Board of Legislative Repealers shall:
21        (1) Identify, according to a schedule set by the Board,
22    specific State laws or regulations that are duplicative, in
23    conflict, contradictory, anachronistic, or obsolete or
24    have been held unconstitutional by the United States
25    Supreme Court or the Illinois Supreme Court.

 

 

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1        (2) Create, at the earliest possible date, a system for
2    soliciting and receiving public comments on various laws or
3    regulations to be considered by the Board of Legislative
4    Repealers for possible repeal, modification, or revision
5    due to being duplicative, in conflict, contradictory,
6    anachronistic, or obsolete or having been held
7    unconstitutional by the United States Supreme Court or the
8    Illinois Supreme Court. That system for receiving comments
9    shall include a public online portal that is accessible
10    through the website maintained by the Illinois General
11    Assembly.
12        (3) Determine, based on criteria adopted by the Board,
13    that a State law or regulation is duplicative, in conflict,
14    contradictory, anachronistic, or obsolete or has been held
15    unconstitutional by the United States Supreme Court or the
16    Illinois Supreme Court, and, upon making that
17    determination, recommending to the originating body either
18    the repeal, modification, or revision of the law or
19    regulation. The recommendation shall set forth with
20    specificity the justification for the requested repeal,
21    modification, or revision.
22        (4) Implement a tracking system to follow the action
23    taken by any originating body on any recommendation made by
24    the Board of Legislative Repealers in order to prepare
25    annual reports to the Joint Committee on Legislative
26    Support Services regarding the progress of repeal,

 

 

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1    modification, or revision.
2        (5) Receive and consider suggestions from judges,
3    justices, public officials, lawyers, and the public
4    generally regarding State laws or regulations that are
5    duplicative, in conflict, contradictory, anachronistic, or
6    obsolete or have been held unconstitutional by the United
7    States Supreme Court or the Illinois Supreme Court, and
8    make that information available to members of the General
9    Assembly upon request.
10        (6) Report its proceedings to the Joint Committee on
11    Legislative Support Services on or before February 1, 2018,
12    and every February 1 thereafter, and, if it deems doing so
13    is advisable, to accompany its report with proposed
14    legislation to carry out any of its recommendations.
15        (7) Recommend, as a part of its annual report,
16    revisions in the law that the Board of Legislative
17    Repealers deems necessary to repeal, modify, or revise
18    State laws or regulations that are duplicative, in
19    conflict, contradictory, anachronistic, or obsolete or
20    have been held unconstitutional by the United States
21    Supreme Court or the Illinois Supreme Court.
22    (b) Official action by the Board shall require the
23affirmative vote of 3 members of the board of directors of the
24Board, and the presence of 3 members of the board of directors
25of the Board shall constitute a quorum.
26    (c) The Board shall operate within the provisions of the

 

 

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1General Not For Profit Corporation Act of 1986.
2    (d) As soon as practical after the Board is created, the
3members of the board of directors of the Board shall meet,
4organize, and designate, by majority vote, a chairperson and
5any additional officers that may be needed to carry out the
6activities of the Board as provided for in this Section, and
7shall adopt bylaws of the Board. The Board may adopt any bylaws
8that are necessary to implement the requirements of this Act.
9    (e) The Board shall conduct its activities in accordance
10with the requirements of the Internal Revenue Code to ensure
11the tax deductibility of gifts and contributions from private
12parties.
13    (f) The Joint Committee on Legislative Support Services may
14adopt other rules deemed necessary to govern Board procedures.
 
15    Section 15. Funding.
16    (a) The Board may accept gifts or grants from the federal
17government, its agencies or officers, or from any person, firm,
18or corporation, and may expend receipts on activities that it
19considers suitable to the performance of its duties under this
20Act and consistent with any requirement of the grant, gift, or
21bequest. Funds collected by the Board shall be considered
22private funds, except those received from public entities, and
23shall be deposited and held by the State Treasurer, as
24ex-officio custodian thereof, in a special trust fund outside
25of the State treasury. The trust fund shall be known as the

 

 

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1"Board of Legislative Repealers Fund" and shall be administered
2by a majority vote of the board of directors of the Board.
3Private funds collected by the Board are not subject to the
4Public Funds Investment Act.
5    (b) Board procurement is exempt from the Illinois
6Procurement Code when private funds are used for procurement
7expenditures. The Board's accounts and books shall be set up
8and maintained according to generally accepted accounting
9principles, and the Board and its officers shall be responsible
10for the approval of recording of receipts, approval of
11payments, and the proper filing of required reports.
12    (c) The Board must provide a written notice to any entity
13providing a gift, grant, or bequest to the Board that the Board
14is not subject to the provisions of the Public Funds Investment
15Act, which Act places limitations on the types of securities in
16which a public agency may invest public funds.
 
17    Section 20. The Legislative Commission Reorganization Act
18of 1984 is amended by changing Sections 2-1 and 4-2 as follows:
 
19    (25 ILCS 130/2-1)  (from Ch. 63, par. 1002-1)
20    Sec. 2-1. The Joint Committee on Administrative Rules is
21hereby established as a legislative support services agency.
22The Joint Committee on Administrative Rules is subject to the
23provisions of this Act and shall perform the powers and duties
24delegated to it under "The Illinois Administrative Procedure

 

 

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1Act", as now or hereafter amended, and such other functions as
2may be provided by law. As directed by the Joint Committee on
3Legislative Support Services, the Joint Committee on
4Administrative Rules shall provide technical support and
5information to the Board of Legislative Repealers.
6(Source: P.A. 83-1257.)
 
7    (25 ILCS 130/4-2)  (from Ch. 63, par. 1004-2)
8    Sec. 4-2. Intergovernmental functions. It shall be the
9function of the Legislative Research Unit:
10        (1) To carry forward the participation of this State as
11    a member of the Council of State Governments.
12        (2) To encourage and assist the legislative,
13    executive, administrative and judicial officials and
14    employees of this State to develop and maintain friendly
15    contact by correspondence, by conference, and otherwise,
16    with officials and employees of the other States, of the
17    Federal Government, and of local units of government.
18        (3) To endeavor to advance cooperation between this
19    State and other units of government whenever it seems
20    advisable to do so by formulating proposals for, and by
21    facilitating:
22            (a) The adoption of compacts.
23            (b) The enactment of uniform or reciprocal
24        statutes.
25            (c) The adoption of uniform or reciprocal

 

 

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1        administrative rules and regulations.
2            (d) The informal cooperation of governmental
3        offices with one another.
4            (e) The personal cooperation of governmental
5        officials and employees with one another individually.
6            (f) The interchange and clearance of research and
7        information.
8            (g) Any other suitable process, and
9            (h) To do all such acts as will enable this State
10        to do its part in forming a more perfect union among
11        the various governments in the United States and in
12        developing the Council of State Governments for that
13        purpose.
14        (4) As directed by the Joint Committee on Legislative
15    Support Services, to provide technical support and
16    information to the Board of Legislative Repealers.
17(Source: P.A. 93-632, eff. 2-1-04.)
 
18    Section 25. The Legislative Reference Bureau Act is amended
19by changing Section 5 and adding Section 5.08 as follows:
 
20    (25 ILCS 135/5)  (from Ch. 63, par. 29)
21    Sec. 5. The reference bureau has the duties enumerated in
22Sections 5.01 through 5.08 5.07.
23(Source: P.A. 83-1257.)
 

 

 

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1    (25 ILCS 135/5.08 new)
2    Sec. 5.08. Cooperation with Board of Legislative
3Repealers. As directed by the Joint Committee on Legislative
4Support Services, the Legislative Reference Bureau shall
5provide technical support and information to the Board of
6Legislative Repealers.
 
7    Section 30. The Legislative Information System Act is
8amended by adding Section 5.10 as follows:
 
9    (25 ILCS 145/5.10 new)
10    Sec. 5.10. Cooperation with Board of Legislative
11Repealers. As directed by the Joint Committee on Legislative
12Support Services, the Legislative Information System shall
13provide technical support and information to the Board of
14Legislative Repealers.
 
15    Section 99. Effective date. This Act takes effect July 1,
162017.