Bill Text: IL SB3493 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Creates the Regulatory Review and Repeal Board. 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3493 Detail]

Download: Illinois-2013-SB3493-Introduced.html

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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
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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
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

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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

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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,

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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

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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

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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

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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

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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.

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(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.