HB5797 97TH GENERAL ASSEMBLY

LRB097 18204 HLH 63428 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5797

Introduced 2/16/2012, by Rep. Kent Gaffney

SYNOPSIS AS INTRODUCED:

New Act

Creates the Illinois Enterprise Commission Act. Provides for each legislative leader to appoint 3 public members to the Commission. Authorizes employment of an executive director and staff. Requires the Commission and its staff to scrutinize the existing Illinois laws and administrative rules to see which rules are serving as a net drag on Illinois job creation and economic productivity. Requires the Commission to annually adopt, by two-thirds majority vote, and submit to the Governor, the General Assembly, and the executive director of the Joint Committee on Administrative Rules (JCAR), an omnibus list of all of the administrative rules within the Illinois Administrative Code that the Commission believes can be repealed, abolished, or amended to maximize the wealth and productivity of Illinois. Allows for public comment. Requires the Commission to recommend replacement rules. Allows JCAR, by a single, up-or-down record vote, to accept a report by a three-fifths majority, which has the effect of prohibiting the rules on the list. Sets forth a procedure for adoption of recommended or other rules as emergency rules. Requires the Commission to annually adopt, by two-thirds majority vote, and submit to the Governor, the General Assembly, and the executive director of the Legislative Reference Bureau (LRB), an omnibus list of all of the laws, and sections of laws, within the Illinois Compiled Statutes that the Commission believes can be repealed, abolished, or amended to maximize the wealth and productivity of Illinois. Allows for public comment. Requires the Commission, in cooperation with LRB, to oversee the drafting of an omnibus revisory bill reflecting the Commission's recommendations. Repeals the Act on January 1, 2017. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning jobs creation.

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 Illinois Enterprise Commission Act.

Section 5. Statement of legislative intent. The State's greatest untapped resource is that part of the expertise of its citizens that is not being allowed to enter into the marketplace. These are skills held by people who are not able to use their expertise because of existing State laws and administrative rules that harm the Illinois private sector, hurt job creation and the creation of new Illinois businesses, and prevent expansion of existing Illinois businesses. Therefore, the Commission created by this Act and its professional staff are authorized to take actions under this Act that are directed to maximize overall job growth and economic productivity in Illinois.

Section 10. Illinois Enterprise Commission. The Illinois Enterprise Commission is created as a temporary, 12-member Commission. By June 30, 2012, 3 public members of the Commission shall be appointed by each legislative leader. All of the appointees shall be persons who have derived more than 50% of their workplace compensation, from their attaining the age of 21 until their time of appointment, as owners or compensated employees in the private sector of the United States. The appointees may be persons who have partly or totally retired from private-sector employment. Members of the Commission shall receive no compensation, but may be reimbursed for their expenses from appropriations available for that purpose. The Commission shall elect 2 chairpersons, who shall serve jointly. One chairperson must be elected from among the 6 persons appointed by the Illinois General Assembly Democratic caucus leaders, and one chairperson must be elected from among the 6 persons appointed by the Illinois General Assembly Republican caucus leaders. The Commission shall meet monthly, or more often at the call of the Chair. Each commission member shall have a 4-year term. A legislative leaders may appoint a replacement member upon the death, disability, or resignation of any member appointed by that leader. The legislative leaders do not have the power to appoint substitutes to attend individual meetings of the Commission.

Section 15. Commission staff. The Commission may appoint an executive director, and the executive director may hire a permanent nonpartisan staff. However, all of the employment contracts signed by the staff and the executive director shall state, on their face, that the Commission is scheduled to go out of business on June 30, 2016. As of that date, the Commission and the staff shall no longer be employed or compensated.

Section 20. Scrutinization of statutes. The Commission and its staff shall scrutinize the existing Illinois Compiled Statutes to see which laws are serving as a net drag on Illinois job creation and economic productivity. Every January 1, during the years 2013, 2014, 2015, and 2016, the Commission shall adopt, by two-thirds majority vote (8 of 12), with at least one vote from a member appointed by each legislative leader, and shall submit to the Governor, the General Assembly, and the executive director of the Legislative Reference Bureau (LRB), an omnibus list of all of the laws, and sections of laws, within the Illinois Compiled Statutes that the Commission believes can be repealed, abolished, or amended to maximize the wealth and productivity of Illinois.

Section 25. Omnibus revisory bill. The Commission, in cooperation with LRB, shall oversee the drafting of an omnibus revisory bill reflecting these recommendations. This omnibus bill must be introduced in each house of the General Assembly no later than February 1 of each calendar year.

Section 30. Scrutinization of rules. The Commission and its staff shall scrutinize the existing Illinois administrative rules, except emergency rules with a sunset date, to see which rules are serving as a net drag on Illinois job creation and economic productivity. Every January 1, during the years 2013, 2014, 2015, and 2016, the Commission shall adopt, by two-thirds majority vote (8 of 12) with at least one vote from a member appointed by each legislative leader, and shall submit to the Governor, the General Assembly, and the executive director of the Joint Committee on Administrative Rules (JCAR), an omnibus list of all of the rules within the Illinois Administrative Code that the Commission believes can be repealed, abolished, or amended to maximize the wealth and productivity of Illinois. These reports are public documents and must be posted on a publicly accessible Internet website. By the following March 1, each omnibus list must be accepted or not accepted, on a single, up-or-down record vote, by JCAR. A three-fifths vote by JCAR with respect to a list shall prohibit all of the rules on the list.

Section 35. Public comment. Persons concerned about the Commission's work may submit comments to the Commission. The Commission's reports must contain summaries of the comments received as of the deadline date for receiving comments. These reports shall be public documents and must be posted on a publicly accessible Internet website. After a report to JCAR has been filed and while it is being considered by JCAR, persons may comment to JCAR, but JCAR is not required to publish the comments.

Section 40. Recommended replacement rules. The Commission's annual report shall contain texts of substitute rules that it recommends for adoption as replacements for the rules to be altered or abolished. If JCAR adopts an omnibus prohibition motion with respect to a report, then the replacement rules recommended by the Commission shall be available for adoption as emergency replacement rules, and all of the affected State agencies shall adopt these emergency replacement rules within 30 days or shall adopt substitute emergency rules. If the agency adopts a substitute emergency replacement rules, then the agency must submit a written explanation to the Commission and to JCAR on why the agency did not use the Commission's recommended emergency language. No emergency replacement rule is valid if the emergency replacement rule adopted by an agency under this Act is substantively similar to rules that had recently been prohibited by JCAR under the procedures set forth in this Act, and the Secretary of State is directed not to accept any such invalid rule for filing.

Section 45. Winding down of affairs. Between January 1, 2016, and June 30, 2016, the Commission shall not take up any new business and shall devote its time to winding down its affairs. If the Commission chooses, it may submit a final report to the Governor, General Assembly, and JCAR by June 30, 2016 describing its work over the course of its operations.

Section 95. Repeal. This Act is repealed on January 1, 2017.

Section 99. Effective date. This Act takes effect upon becoming law.