SB3493 98TH GENERAL ASSEMBLY

LRB098 20245 JWD 55611 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3493

Introduced 2/14/2014, by Sen. Dale A. Righter

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 Regulatory Review and Repeal Board Act. Creates the Regulatory Review and Repeal Board. Directs the Board to identify regulations with respect to which the cost of complying exceeds the public benefit of having the regulation in place. Directs the Board to create a system for receiving public comments and to recommend changes in regulations that it deems necessary to repeal, modify, or revise. 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. 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, 2015.

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 Regulatory Review and Repeal Board.

Section 5. Regulatory Review and Repeal Board.

(a) The General Assembly authorizes the Joint Committee on Legislative Support Services to create the Regulatory Review and Repeal Board. Under this authority, the Joint Committee on Legislative Support Services shall create the Regulatory Review and Repeal Board 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 "Regulatory Review and Repeal Board". The members of the board of directors of the Regulatory Review and Repeal Board shall be appointed as follows:

Two members of the public appointed by the President of the Senate;

Two members of the public appointed by the Minority Leader of the Senate;

Two members of the public appointed by the Speaker of the House of Representatives; and

Two members of the public appointed by the Minority Leader of the House of Representatives.

Each member should have a reasonable knowledge of the practice, procedure, and principles of State government operations. Members should include representatives of business, labor, agriculture, education, local government, and health services.

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 shall serve at the pleasure of their respective appointing authorities.

(c) The members of the board of directors shall serve without compensation, but may be reimbursed for expenses from funds held in the Regulatory Review and Repeal Board 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 Regulatory Review and Repeal Board shall:

(1) Identify, according to a schedule set by the Board, regulations with respect to which the cost of complying exceeds the public benefit of having the regulation in place. Further, the Board shall identify regulations that are in conflict, contradictory, or unduly burdensome.

(2) Create, at the earliest possible date, a system for soliciting and receiving public comments on various regulations to be reviewed by the Regulatory Review and Repeal Board to consider whether the cost of compliance exceeds the public benefit of the regulation, to consider whether a regulation is in conflict, contradictory, or unduly burdensome and, upon receiving such comments, to consider any recommendations regarding regulations which may need possible repeal, modification, or revision. That system for receiving comments shall include a public online portal that is accessible through the website maintained by the Illinois General Assembly.

(3) Receive and consider suggestions from judges, justices, public officials, lawyers, business owners, labor organization leaders, agriculture leaders, teachers, educational administrators, physicians and health officials, and the public generally regarding regulations with respect to which the cost of compliance exceeds the public benefit or regulations that are in conflict, contradictory, or unduly burdensome, and make that information available to members of the General Assembly upon request.

(4) Determine, based on criteria adopted by the Board, whether a regulation's cost exceeds the public benefit of the regulation or whether the regulation is in conflict, contradictory, or unduly burdensome, and, upon making that determination, recommend to the originating body 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.

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

(6) Report its proceedings to the Joint Committee on Legislative Support Services on or before February 1, 2016, 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 or regulations that the Regulatory Review and Repeal Board deems necessary to repeal, modify, or revise.

(b) Official action by the Board shall require the affirmative vote of 5 members of the board of directors, and the presence of 5 members of the board of directors 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 or 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 the State Treasury. The trust fund shall be known as the Regulatory Review and Repeal Board 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, the 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 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 Regulatory Review and Repeal Board.

(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 Regulatory Review and Repeal Board.

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

Section 25. The Legislative Reference Bureau Act is amended by amending 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 the Regulatory Review and Repeal Board. As directed by the Joint Committee on Legislative Support Services, the Legislative Reference Bureau shall provide technical support and information to the Regulatory Review and Repeal Board.

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 the Regulatory Review and Repeal Board. As directed by the Joint Committee on Legislative Support Services, the Legislative Information System shall provide technical support and information to the Regulatory Review and Repeal Board.

Section 99. Effective date. This Act takes effect July 1, 2015.