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Full Text of SB3681  97th General Assembly

SB3681eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB3681 EngrossedLRB097 20184 JDS 65597 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 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, regulations, and other governing
18    instruments to determine instances in which those laws,
19    regulations, or other governing instruments are
20    unreasonable, unduly burdensome, duplicative, onerous, in
21    conflict, or held unconstitutional by a State or federal
22    court.
23        (2) Create, at the earliest possible date, a system for

 

 

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

 

 

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1        (6) Report its proceedings annually to the President of
2    the Senate, the Senate Minority Leader, the Speaker of the
3    House of Representatives, the House Minority Leader, and
4    the Governor on or before February 1, 2014, and every
5    February 1 thereafter, and, if it deems doing so is
6    advisable, to accompany its report with proposed bills to
7    carry out any of its recommendations.
8        (7) Recommend, as a part of its annual report, changes
9    in the law that the Board of Legislative Repealers deems
10    necessary to modify or eliminate antiquated and
11    inequitable rules of law and to bring the law of this
12    State, civil and criminal, into harmony with modern
13    conditions.
14        (8) Work in conjunction with all legislative
15    commissions to formulate changes needed to current
16    statutes for the betterment of State statutes and the State
17    of Illinois.
18    (c) Official action by the Board shall require the
19affirmative vote of all 4 members of the Board, and the
20presence of all 4 members of the Board shall constitute a
21quorum.
22    (d) Staff of the Legislative Reference Bureau and the
23Legislative Research Unit shall cooperate to provide
24administrative support to the Board. The Executive Directors of
25the Legislative Reference Bureau and the Legislative Research
26Unit may also employ additional staff for the purpose of

 

 

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

 

 

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

 

 

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1        purpose.
2        (4) To cooperate with the Board of Legislative
3    Repealers to the extent necessary to complete the duties
4    assigned to the Board of Legislative Repealers under the
5    Board of Legislative Repealers Act.
6(Source: P.A. 93-632, eff. 2-1-04.)
 
7    Section 15. The Legislative Reference Bureau Act is amended
8by adding Section 8 as follows:
 
9    (25 ILCS 135/8 new)
10    Sec. 8. Cooperation with Board of Legislative Repealers.
11The Legislative Reference Bureau shall cooperate with the Board
12of Legislative Repealers to the extent necessary to complete
13the duties assigned to the Board of Legislative Repealers under
14the Board of Legislative Repealers Act.
 
15    Section 99. Effective date. This Act takes effect January
161, 2013.