Full Text of HB5802 96th General Assembly
HB5802eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning jobs creation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Enterprise Commission Act. | 6 |
| Section 5. Statement of legislative intent. The State's | 7 |
| greatest untapped resource is that part of the expertise of its | 8 |
| citizens that is not being allowed to enter into the | 9 |
| marketplace. These are skills held by people who are not able | 10 |
| to use their expertise because of existing State laws and | 11 |
| administrative rules that harm the Illinois private sector, | 12 |
| hurt job creation and the creation of new Illinois businesses, | 13 |
| and prevent expansion of existing Illinois businesses. | 14 |
| Therefore, the Commission created by this Act and its | 15 |
| professional staff are authorized to take actions under this | 16 |
| Act that are directed to maximize overall job growth and | 17 |
| economic productivity in Illinois. | 18 |
| Section 10. Illinois Enterprise Commission. The Illinois | 19 |
| Enterprise Commission is created as a temporary, 12-member | 20 |
| Commission. By June 30, 2010, 3 public members of the | 21 |
| Commission shall be appointed by each legislative leader. All | 22 |
| of the appointees shall be persons who have derived more than |
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| 50% of their workplace compensation, from their attaining the | 2 |
| age of 21 until their time of appointment, as owners or | 3 |
| compensated employees in the private sector of the United | 4 |
| States. The appointees may be persons who have partly or | 5 |
| totally retired from private-sector employment. Members of the | 6 |
| Commission shall receive no compensation, but may be reimbursed | 7 |
| for their expenses from appropriations available for that | 8 |
| purpose. The Commission shall elect 2 chairpersons, who shall | 9 |
| serve jointly. One chairperson must be elected from among the 6 | 10 |
| persons appointed by the Illinois General Assembly Democratic | 11 |
| caucus leaders, and one chairperson must be elected from among | 12 |
| the 6 persons appointed by the Illinois General Assembly | 13 |
| Republican caucus leaders. The Commission shall meet monthly, | 14 |
| or more often at the call of the Chair. Each commission member | 15 |
| shall have a 4-year term. A legislative leader may appoint a | 16 |
| replacement member upon the death, disability, or resignation | 17 |
| of any member appointed by that leader. The legislative leaders | 18 |
| do not have the power to appoint substitutes to attend | 19 |
| individual meetings of the Commission. | 20 |
| Section 15. Commission staff. The Commission may appoint an | 21 |
| executive director, and the executive director may hire a | 22 |
| permanent nonpartisan staff. However, all of the employment | 23 |
| contracts signed by the staff and the executive director shall | 24 |
| state, on their face, that the Commission is scheduled to go | 25 |
| out of business on June 30, 2014. As of that date, the |
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| Commission and the staff shall no longer be employed or | 2 |
| compensated. | 3 |
| Section 20. Scrutinization of statutes. The Commission and | 4 |
| its staff shall scrutinize the existing Illinois Compiled | 5 |
| Statutes to see which laws are serving as a net drag on | 6 |
| Illinois job creation and economic productivity. Every January | 7 |
| 1, during the years 2011, 2012, 2013, and 2014, the Commission | 8 |
| shall adopt, by two-thirds majority vote (8 of 12), with at | 9 |
| least one vote from a member appointed by each legislative | 10 |
| leader, and shall submit to the Governor, the General Assembly, | 11 |
| and the executive director of the Legislative Reference Bureau | 12 |
| (LRB), an omnibus list of all of the laws, and Sections of | 13 |
| laws, within the Illinois Compiled Statutes that the Commission | 14 |
| believes can be repealed, abolished, or amended to maximize the | 15 |
| wealth and productivity of Illinois. | 16 |
| Section 25. Omnibus revisory bill. The Commission, in | 17 |
| cooperation with LRB, shall oversee the drafting of an omnibus | 18 |
| revisory bill reflecting these recommendations. This omnibus | 19 |
| bill must be introduced in each house of the General Assembly | 20 |
| no later than February 1 of each calendar year. | 21 |
| Section 30. Scrutinization of rules. The Commission and its | 22 |
| staff shall scrutinize the existing Illinois administrative | 23 |
| rules, except emergency rules with a sunset date, to see which |
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| rules are serving as a net drag on Illinois job creation and | 2 |
| economic productivity. Every January 1, during the years 2011, | 3 |
| 2012, 2013, and 2014, the Commission shall adopt, by two-thirds | 4 |
| majority vote (8 of 12) with at least one vote from a member | 5 |
| appointed by each legislative leader, and shall submit to the | 6 |
| Governor, the General Assembly, and the executive director of | 7 |
| the Joint Committee on Administrative Rules (JCAR), an omnibus | 8 |
| list of all of the rules within the Illinois Administrative | 9 |
| Code that the Commission believes can be repealed, abolished, | 10 |
| or amended to maximize the wealth and productivity of Illinois. | 11 |
| These reports are public documents and must be posted on a | 12 |
| publicly accessible Internet website. By the following March 1, | 13 |
| each omnibus list must be accepted or not accepted, on a | 14 |
| single, up-or-down record vote, by JCAR. A three-fifths vote by | 15 |
| JCAR with respect to a list shall prohibit all of the rules on | 16 |
| the list.
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| Section 35. Public comment. Persons concerned about the | 18 |
| Commission's work may submit comments to the Commission. The | 19 |
| Commission's reports must contain summaries of the comments | 20 |
| received as of the deadline date for receiving comments. These | 21 |
| reports shall be public documents and must be posted on a | 22 |
| publicly accessible Internet website. After a report to JCAR | 23 |
| has been filed and while it is being considered by JCAR, | 24 |
| persons may comment to JCAR, but JCAR is not required to | 25 |
| publish the comments.
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| Section 40. Recommended replacement rules. The | 2 |
| Commission's annual report shall contain texts of substitute | 3 |
| rules that it recommends for adoption as replacements for the | 4 |
| rules to be altered or abolished. If JCAR adopts an omnibus | 5 |
| prohibition motion with respect to a report, then the | 6 |
| replacement rules recommended by the Commission shall be | 7 |
| available for adoption as emergency replacement rules, and all | 8 |
| of the affected State agencies shall adopt these emergency | 9 |
| replacement rules within 30 days or shall adopt substitute | 10 |
| emergency rules. If the agency adopts a substitute emergency | 11 |
| replacement rule, then the agency must submit a written | 12 |
| explanation to the Commission and to JCAR on why the agency did | 13 |
| not use the Commission's recommended emergency language. No | 14 |
| emergency replacement rule is valid if the emergency | 15 |
| replacement rule adopted by an agency under this Act is | 16 |
| substantively similar to rules that had recently been | 17 |
| prohibited by JCAR under the procedures set forth in this Act, | 18 |
| and the Secretary of State is directed not to accept any such | 19 |
| invalid rule for filing.
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| Section 45. Winding down of affairs. Between January 1, | 21 |
| 2014, and June 30, 2014, the Commission shall not take up any | 22 |
| new business and shall devote its time to winding down its | 23 |
| affairs. If the Commission chooses, it may submit a final | 24 |
| report to the Governor, General Assembly, and JCAR by June 30, |
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| 2014 describing its work over the course of its operations.
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| Section 95. Repeal. This Act is repealed on January 1, | 3 |
| 2015.
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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