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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3493LRB098 20245 JWD 55611 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
5Regulatory Review and Repeal Board.
 
6    Section 5. Regulatory Review and Repeal Board.
7    (a) The General Assembly authorizes the Joint Committee on
8Legislative Support Services to create the Regulatory Review
9and Repeal Board. Under this authority, the Joint Committee on
10Legislative Support Services shall create the Regulatory
11Review and Repeal Board 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"Regulatory Review and Repeal Board". The members of the board
16of directors of the Regulatory Review and Repeal Board shall be
17appointed as follows:
18        Two members of the public appointed by the President of
19    the Senate;
20        Two members of the public appointed by the Minority
21    Leader of the Senate;
22        Two members of the public appointed by the Speaker of
23    the House of Representatives; and

 

 

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1        Two members of the public appointed by the Minority
2    Leader of the House of Representatives.
3    Each member should have a reasonable knowledge of the
4practice, procedure, and principles of State government
5operations. Members should include representatives of
6business, labor, agriculture, education, local government, and
7health services.
8    The members of the board of directors of the Board shall
9elect from their number a chairperson and such other officers
10as they may choose.
11    (b) The members of the board of directors shall serve at
12the pleasure of their respective appointing authorities.
13    (c) The members of the board of directors shall serve
14without compensation, but may be reimbursed for expenses from
15funds held in the Regulatory Review and Repeal Board Fund.
16    (d) As directed by the Joint Committee on Legislative
17Support Services, the Joint Committee on Administrative Rules,
18the Legislative Information System, the Legislative Reference
19Bureau, and the Legislative Research Unit shall provide
20technical support and information to the Board in fulfilling
21its mission.
 
22    Section 10. Purpose and duties.
23    (a) The Regulatory Review and Repeal Board shall:
24        (1) Identify, according to a schedule set by the Board,
25    regulations with respect to which the cost of complying

 

 

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1    exceeds the public benefit of having the regulation in
2    place. Further, the Board shall identify regulations that
3    are in conflict, contradictory, or unduly burdensome.
4        (2) Create, at the earliest possible date, a system for
5    soliciting and receiving public comments on various
6    regulations to be reviewed by the Regulatory Review and
7    Repeal Board to consider whether the cost of compliance
8    exceeds the public benefit of the regulation, to consider
9    whether a regulation is in conflict, contradictory, or
10    unduly burdensome and, upon receiving such comments, to
11    consider any recommendations regarding regulations which
12    may need possible repeal, modification, or revision. That
13    system for receiving comments shall include a public online
14    portal that is accessible through the website maintained by
15    the Illinois General Assembly.
16        (3) Receive and consider suggestions from judges,
17    justices, public officials, lawyers, business owners,
18    labor organization leaders, agriculture leaders, teachers,
19    educational administrators, physicians and health
20    officials, and the public generally regarding regulations
21    with respect to which the cost of compliance exceeds the
22    public benefit or regulations that are in conflict,
23    contradictory, or unduly burdensome, and make that
24    information available to members of the General Assembly
25    upon request.
26        (4) Determine, based on criteria adopted by the Board,

 

 

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1    whether a regulation's cost exceeds the public benefit of
2    the regulation or whether the regulation is in conflict,
3    contradictory, or unduly burdensome, and, upon making that
4    determination, recommend to the originating body the
5    repeal, modification, or revision of the law or regulation.
6    The recommendation shall set forth with specificity the
7    justification for the requested repeal, modification, or
8    revision.
9        (5) Implement a tracking system to follow the action
10    taken by any originating body on any recommendation made by
11    the Regulatory Review and Repeal Board in order to prepare
12    annual reports to the Joint Committee on Legislative
13    Support Services regarding the progress of repeal,
14    modification, or revision.
15        (6) Report its proceedings to the Joint Committee on
16    Legislative Support Services on or before February 1, 2016,
17    and every February 1 thereafter, and, if it deems doing so
18    is advisable, to accompany its report with proposed
19    legislation to carry out any of its recommendations.
20        (7) Recommend, as a part of its annual report,
21    revisions in the law or regulations that the Regulatory
22    Review and Repeal Board deems necessary to repeal, modify,
23    or revise.
24    (b) Official action by the Board shall require the
25affirmative vote of 5 members of the board of directors, and
26the presence of 5 members of the board of directors shall

 

 

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

 

 

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

 

 

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

 

 

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1        statutes.
2            (c) The adoption of uniform or reciprocal
3        administrative rules and regulations.
4            (d) The informal cooperation of governmental
5        offices with one another.
6            (e) The personal cooperation of governmental
7        officials and employees with one another individually.
8            (f) The interchange and clearance of research and
9        information.
10            (g) Any other suitable process, and
11            (h) To do all such acts as will enable this State
12        to do its part in forming a more perfect union among
13        the various governments in the United States and in
14        developing the Council of State Governments for that
15        purpose.
16        (4) As directed by the Joint Committee on Legislative
17    Support Services, to provide technical support and
18    information to the Regulatory Review and Repeal Board.
19(Source: P.A. 93-632, eff. 2-1-04.)
 
20    Section 25. The Legislative Reference Bureau Act is amended
21by amending Section 5 and adding Section 5.08 as follows:
 
22    (25 ILCS 135/5)  (from Ch. 63, par. 29)
23    Sec. 5. The reference bureau has the duties enumerated in
24Sections 5.01 through 5.08 5.07.

 

 

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1(Source: P.A. 83-1257.)
 
2    (25 ILCS 135/5.08 new)
3    Sec. 5.08. Cooperation with the Regulatory Review and
4Repeal Board. As directed by the Joint Committee on Legislative
5Support Services, the Legislative Reference Bureau shall
6provide technical support and information to the Regulatory
7Review and Repeal Board.
 
8    Section 30. The Legislative Information System Act is
9amended by adding Section 5.10 as follows:
 
10    (25 ILCS 145/5.10 new)
11    Sec. 5.10. Cooperation with the Regulatory Review and
12Repeal Board. As directed by the Joint Committee on Legislative
13Support Services, the Legislative Information System shall
14provide technical support and information to the Regulatory
15Review and Repeal Board.
 
16    Section 99. Effective date. This Act takes effect July 1,
172015.