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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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 Board
5of Legislative Repealers Act.
 
6    Section 5. Board of Legislative Repealers.
7    (a) The Board of Legislative Repealers is hereby created.
8The Board shall consist of the following ex officio members:
9the Executive Director of the Legislative Reference Bureau, who
10shall serve as the chair of the Board; the Deputy Director of
11the Legislative Reference Bureau; the Executive Director of the
12Legislative Research Unit; and the Associate Director of the
13Legislative Research Unit.
14    (b) The Board of Legislative Repealers shall:
15        (1) Investigate, according to a schedule set by the
16    Board, the system of governance of the State of Illinois,
17    including its laws, rules, and other governing instruments
18    to determine instances in which those laws, rules, or other
19    governing instruments are unreasonable, unduly burdensome,
20    duplicative, onerous, in conflict, or held
21    unconstitutional by a State or federal court.
22        (2) Create, at the earliest possible date, a system for
23    receiving public comments suggesting various laws, rules,

 

 

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1    and other governing instruments to be considered by the
2    Board of Legislative Repealers for possible repeal. That
3    system for receiving comments shall include a public online
4    portal that is accessible through the website maintained by
5    the Illinois General Assembly.
6        (3) Determine, based on criteria adopted by the Board,
7    that a State law, rule, or other governing instrument is
8    unreasonable, unduly burdensome, duplicative, or onerous,
9    or conflicts with another law, rule, or governing
10    instrument, and, upon making that determination,
11    recommending to the originating body either the repeal or
12    modification of the law, rule, or other governing
13    instrument. The recommendation shall set forth with
14    specificity the justification for the requested repeal or
15    modification.
16        (4) Implement a tracking system to follow the action
17    taken by any originating body on any recommendation made by
18    the Board of Legislative Repealers in order to prepare
19    regular reports to the President of the Senate, the Senate
20    Minority Leader, the Speaker of the House of
21    Representatives, the House Minority Leader, and the
22    Governor regarding the progress of repeal or modification.
23        (5) Receive and consider suggestions from judges,
24    justices, public officials, lawyers, and the public
25    generally regarding defects and anachronisms in the law.
26        (6) Report its proceedings annually to the President of

 

 

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1    the Senate, the Senate Minority Leader, the Speaker of the
2    House of Representatives, the House Minority Leader, and
3    the Governor on or before February 1, 2015, and every
4    February 1 thereafter, and, if it deems doing so is
5    advisable, to accompany its report with proposed bills to
6    carry out any of its recommendations.
7        (7) Recommend, as a part of its annual report, changes
8    in the law that the Board of Legislative Repealers deems
9    necessary to modify or eliminate antiquated and
10    inequitable rules of law and to bring the law of this
11    State, civil and criminal, into harmony with modern
12    conditions.
13        (8) Work in conjunction with all legislative
14    commissions to formulate changes needed to current
15    statutes for the betterment of State statutes and the State
16    of Illinois.
17    (c) Official action by the Board shall require the
18affirmative vote of all 4 members of the Board, and the
19presence of all 4 members of the Board shall constitute a
20quorum.
21    (d) Staff of the Legislative Reference Bureau and the
22Legislative Research Unit shall cooperate to provide
23administrative support to the Board. The Executive Directors of
24the Legislative Reference Bureau and the Legislative Research
25Unit may also employ additional staff for the purpose of
26complying with the requirements of this Act.

 

 

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1    (e) The Board may adopt any rules that are necessary to
2implement the requirements of this Section.
 
3    Section 50. The Legislative Commission Reorganization Act
4of 1984 is amended by changing Sections 2-1 and 4-2 as follows:
 
5    (25 ILCS 130/2-1)  (from Ch. 63, par. 1002-1)
6    Sec. 2-1. The Joint Committee on Administrative Rules is
7hereby established as a legislative support services agency.
8The Joint Committee on Administrative Rules is subject to the
9provisions of this Act and shall perform the powers and duties
10delegated to it under "The Illinois Administrative Procedure
11Act", as now or hereafter amended, and such other functions as
12may be provided by law. The Joint Committee on Administrative
13Rules shall cooperate with the Board of Legislative Repealers
14to the extent necessary to complete the duties assigned to the
15Board of Legislative Repealers under the Board of Legislative
16Repealers Act.
17(Source: P.A. 83-1257.)
 
18    (25 ILCS 130/4-2)  (from Ch. 63, par. 1004-2)
19    Sec. 4-2. Intergovernmental functions. It shall be the
20function of the Legislative Research Unit:
21        (1) To carry forward the participation of this State as
22    a member of the Council of State Governments.
23        (2) To encourage and assist the legislative,

 

 

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1    executive, administrative and judicial officials and
2    employees of this State to develop and maintain friendly
3    contact by correspondence, by conference, and otherwise,
4    with officials and employees of the other States, of the
5    Federal Government, and of local units of government.
6        (3) To endeavor to advance cooperation between this
7    State and other units of government whenever it seems
8    advisable to do so by formulating proposals for, and by
9    facilitating:
10            (a) The adoption of compacts.
11            (b) The enactment of uniform or reciprocal
12        statutes.
13            (c) The adoption of uniform or reciprocal
14        administrative rules and regulations.
15            (d) The informal cooperation of governmental
16        offices with one another.
17            (e) The personal cooperation of governmental
18        officials and employees with one another individually.
19            (f) The interchange and clearance of research and
20        information.
21            (g) Any other suitable process, and
22            (h) To do all such acts as will enable this State
23        to do its part in forming a more perfect union among
24        the various governments in the United States and in
25        developing the Council of State Governments for that
26        purpose.

 

 

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1        (4) To cooperate with the Board of Legislative
2    Repealers to the extent necessary to complete the duties
3    assigned to the Board of Legislative Repealers under the
4    Board of Legislative Repealers Act.
5(Source: P.A. 93-632, eff. 2-1-04.)
 
6    Section 55. The Legislative Reference Bureau Act is amended
7by adding Section 8 as follows:
 
8    (25 ILCS 135/8 new)
9    Sec. 8. Cooperation with Board of Legislative Repealers.
10The Legislative Reference Bureau shall cooperate with the Board
11of Legislative Repealers to the extent necessary to complete
12the duties assigned to the Board of Legislative Repealers under
13the Board of Legislative Repealers Act.
 
14    Section 99. Effective date. This Act takes effect July 1,
152015.