Bill Text: IL HB4431 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: 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 rules 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, rule, or other governing instrument is unreasonable, unduly burdensome, duplicative, or onerous, or conflicts with another law, rule, 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, 2015.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4431 Detail]

Download: Illinois-2013-HB4431-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4431 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 rules 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, rule, or other governing instrument is unreasonable, unduly burdensome, duplicative, or onerous, or conflicts with another law, rule, 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, 2015.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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, rules, and other governing instruments
to determine instances in which those laws, rules, 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, rules,

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and other governing instruments to be considered by the
Board of Legislative Repealers 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, rule, or other governing instrument is
unreasonable, unduly burdensome, duplicative, or onerous,
or conflicts with another law, rule, or governing
instrument, and, upon making that determination,
recommending to the originating body either the repeal or
modification of the law, rule, 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

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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, 2015, 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
the Legislative Reference Bureau and the Legislative Research
Unit may also employ additional staff for the purpose of
complying with the requirements of this Act.

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(e) The Board may adopt any rules that are necessary to
implement the requirements of this Section.
Section 50. 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. The 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,

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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.

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(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 55. 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 July 1,
2015.