Bill Text: IL SB1415 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 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 January 1, 2014.

Spectrum: Bipartisan Bill

Status: (Failed) 2015-01-13 - Session Sine Die [SB1415 Detail]

Download: Illinois-2013-SB1415-Amended.html

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Sen. Kirk W. Dillard

Filed: 4/15/2013

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AMENDMENT TO SENATE BILL 1415
AMENDMENT NO. ______. Amend Senate Bill 1415 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Board
of Legislative Repealers Act.
Section 5. Board of Legislative Repealers.
(a) The General Assembly authorizes the Joint Committee on
Legislative Support Services to create the Board of Legislative
Repealers. Under this authority, the Joint Committee on
Legislative Support Services shall create the Board of
Legislative Repealers 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
"Board of Legislative Repealers". The members of the board of
directors of the Board of Legislative Repealers shall be

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appointed as follows:
One member of the public appointed by the President of
the Senate;
One member of the public appointed by the Minority
Leader of the Senate;
One member of the public appointed by the Speaker of
the House of Representatives; and
One member of the public appointed by the Minority
Leader of the House of Representatives.
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 of the Board
shall serve at the pleasure of their respective appointing
authorities.
(c) The members of the board of directors of the Board
shall serve without compensation, but may be reimbursed for
expenses from funds held in the Board of Legislative Repealers
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.

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Section 10. Purpose and duties.
(a) The Board of Legislative Repealers shall:
(1) Identify, according to a schedule set by the Board,
specific State laws or regulations that are duplicative, in
conflict, contradictory, anachronistic, or obsolete or
have been held unconstitutional by the United States
Supreme Court or the Illinois Supreme Court.
(2) Create, at the earliest possible date, a system for
soliciting and receiving public comments on various laws or
regulations to be considered by the Board of Legislative
Repealers for possible repeal, modification, or revision
due to being duplicative, in conflict, contradictory,
anachronistic, or obsolete or having been held
unconstitutional by the United States Supreme Court or the
Illinois Supreme Court. 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 or regulation is duplicative, in conflict,
contradictory, anachronistic, or obsolete or has been held
unconstitutional by the United States Supreme Court or the
Illinois Supreme Court, and, upon making that
determination, recommending to the originating body either
the repeal, modification, or revision of the law or
regulation. The recommendation shall set forth with

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specificity the justification for the requested repeal,
modification, or revision.
(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
annual reports to the Joint Committee on Legislative
Support Services regarding the progress of repeal,
modification, or revision.
(5) Receive and consider suggestions from judges,
justices, public officials, lawyers, and the public
generally regarding State laws or regulations that are
duplicative, in conflict, contradictory, anachronistic, or
obsolete or have been held unconstitutional by the United
States Supreme Court or the Illinois Supreme Court, and
make that information available to members of the General
Assembly upon request.
(6) Report its proceedings to the Joint Committee on
Legislative Support Services 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
legislation to carry out any of its recommendations.
(7) Recommend, as a part of its annual report,
revisions in the law that the Board of Legislative
Repealers deems necessary to repeal, modify, or revise
State laws or regulations that are duplicative, in
conflict, contradictory, anachronistic, or obsolete or

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have been held unconstitutional by the United States
Supreme Court or the Illinois Supreme Court.
(b) Official action by the Board shall require the
affirmative vote of 3 members of the board of directors of the
Board, and the presence of 3 members of the board of directors
of the Board 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, its agencies or officers, or from any person, firm,
or corporation, and may expend receipts on activities that it

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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 an special trust fund outside
of the State Treasury. The trust fund shall be known as the
"Board of Legislative Repealers 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, 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 Act 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:

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(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 Board of Legislative Repealers.
(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

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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 Board of Legislative Repealers.
(Source: P.A. 93-632, eff. 2-1-04.)
Section 25. The Legislative Reference Bureau Act is amended

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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 Board of Legislative
Repealers. As directed by the Joint Committee on Legislative
Support Services, the Legislative Reference Bureau shall
provide technical support and information to the Board of
Legislative Repealers.
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 Board of Legislative
Repealers. As directed by the Joint Committee on Legislative
Support Services, the Legislative Information System shall
provide technical support and information to the Board of
Legislative Repealers.
Section 99. Effective date. This Act takes effect July 1,
2014.".