HB1240 98TH GENERAL ASSEMBLY

LRB098 07199 JDS 37260 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1240

Introduced , by Rep. Ron Sandack

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 135/8 new

Creates the Board of Legislative Repealers Act. Establishes the Board of Legislative Repealers. Directs the Board, among other things, to determine instances in which State laws and regulations are unreasonable, unduly burdensome, duplicative, onerous, in conflict, or unconstitutional, to create a system for receiving public comments, and to recommend changes in the law that it deems necessary to modify or eliminate antiquated and inequitable rules of law and to bring the law of the State into harmony with modern conditions. Authorizes the Board to set a schedule to make the investigations required by the Act and to adopt rules establishing the criteria to be used to determine whether a State law, regulation, or other governing instrument is unreasonable, unduly burdensome, duplicative, or onerous, or conflicts with another law, regulation, or governing instrument. Amends the Legislative Commission Reorganization Act of 1984 and the Legislative Reference Bureau Act. Requires the staff of the Legislative Reference Bureau and the Legislative Research Unit to cooperate to provide administrative support to the Board. Authorizes the Board to adopt any rules that are necessary to implement the requirements of the Act. Effective July 1, 2014.

FISCAL NOTE ACT MAY APPLY

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 Board of Legislative Repealers is hereby created. The Board shall consist of the following ex officio members: the Executive Director of the Legislative Reference Bureau, who shall serve as the chair of the Board; the Deputy Director of the Legislative Reference Bureau; the Executive Director of the Legislative Research Unit; and the Associate Director of the Legislative Research Unit.

(b) The Board of Legislative Repealers shall:

(1) Investigate, according to a schedule set by the Board, the system of governance of the State of Illinois, including its laws, regulations, and other governing instruments to determine instances in which those laws, regulations, or other governing instruments are unreasonable, unduly burdensome, duplicative, onerous, in conflict, or held unconstitutional by a State or federal court.

(2) Create, at the earliest possible date, a system for receiving public comments suggesting various laws, regulations, and other governing instruments to be considered by the Board of Repealer for possible repeal. 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, regulation, or other governing instrument is unreasonable, unduly burdensome, duplicative, or onerous, or conflicts with another law, regulation, or governing instrument, and, upon making that determination, recommending to the originating body either the repeal or modification of the law, regulation, or other governing instrument. The recommendation shall set forth with specificity the justification for the requested repeal or modification.

(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 regular reports to the President of the Senate, the Senate Minority Leader, the Speaker of the House of Representatives, the House Minority Leader, and the Governor regarding the progress of repeal or modification.

(5) Receive and consider suggestions from judges, justices, public officials, lawyers, and the public generally regarding defects and anachronisms in the law.

(6) Report its proceedings annually to the President of the Senate, the Senate Minority Leader, the Speaker of the House of Representatives, the House Minority Leader, and the Governor on or before February 1, 2014, and every February 1 thereafter, and, if it deems doing so is advisable, to accompany its report with proposed bills to carry out any of its recommendations.

(7) Recommend, as a part of its annual report, changes in the law that the Board of Legislative Repealers deems necessary to modify or eliminate antiquated and inequitable rules of law and to bring the law of this State, civil and criminal, into harmony with modern conditions.

(8) Work in conjunction with all legislative commissions to formulate changes needed to current statutes for the betterment of State statutes and the State of Illinois.

(c) Official action by the Board shall require the affirmative vote of all 4 members of the Board, and the presence of all 4 members of the Board shall constitute a quorum.

(d) Staff of the Legislative Reference Bureau and the Legislative Research Unit shall cooperate to provide administrative support to the Board. The Executive Directors of Legislative Reference Bureau and the Legislative Research Unit may also employ additional staff for the purpose of complying with the requirements of this Act.

(e) The Board may adopt any rules that are necessary to implement the requirements of this Section.

Section 10. 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. Joint Committee on Administrative Rules shall cooperate with the Board of Legislative Repealers to the extent necessary to complete the duties assigned to the Board of Legislative Repealers under the Board of Legislative Repealers Act.

(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) To cooperate with the Board of Legislative Repealers to the extent necessary to complete the duties assigned to the Board of Legislative Repealers under the Board of Legislative Repealers Act.

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

Section 15. The Legislative Reference Bureau Act is amended by adding Section 8 as follows:

(25 ILCS 135/8 new)

Sec. 8. Cooperation with Board of Legislative Repealers. The Legislative Reference Bureau shall cooperate with the Board of Legislative Repealers to the extent necessary to complete the duties assigned to the Board of Legislative Repealers under the Board of Legislative Repealers Act.

Section 99. Effective date. This Act takes effect January 1, 2014.