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Full Text of SB3681  97th General Assembly

SB3681sam001 97TH GENERAL ASSEMBLY

Sen. Kirk W. Dillard

Filed: 3/26/2012

 

 


 

 


 
09700SB3681sam001LRB097 20184 JDS 67975 a

1
AMENDMENT TO SENATE BILL 3681

2    AMENDMENT NO. ______. Amend Senate Bill 3681 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

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1    including its laws, regulations, and other governing
2    instruments to determine instances in which those laws,
3    regulations, or other governing instruments are
4    unreasonable, unduly burdensome, duplicative, onerous, in
5    conflict, or held unconstitutional by a State or federal
6    court.
7        (2) Create, at the earliest possible date, a system for
8    receiving public comments suggesting various laws,
9    regulations, and other governing instruments to be
10    considered by the Board of Repealer for possible repeal.
11    That system for receiving comments shall include a public
12    online portal that is accessible through the website
13    maintained by the Illinois General Assembly.
14        (3) Determine, based on criteria adopted by the Board,
15    that a State law, regulation, or other governing instrument
16    is unreasonable, unduly burdensome, duplicative, or
17    onerous, or conflicts with another law, regulation, or
18    governing instrument, and, upon making that determination,
19    recommending to the originating body either the repeal or
20    modification of the law, regulation, or other governing
21    instrument. The recommendation shall set forth with
22    specificity the justification for the requested repeal or
23    modification.
24        (4) Implement a tracking system to follow the action
25    taken by any originating body on any recommendation made by
26    the Board of Legislative Repealers in order to prepare

 

 

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1    regular reports to the President of the Senate, the Senate
2    Minority Leader, the Speaker of the House of
3    Representatives, the House Minority Leader, and the
4    Governor regarding the progress of repeal or modification.
5        (5) Receive and consider suggestions from judges,
6    justices, public officials, lawyers, and the public
7    generally regarding defects and anachronisms in the law.
8        (6) Report its proceedings annually to the President of
9    the Senate, the Senate Minority Leader, the Speaker of the
10    House of Representatives, the House Minority Leader, and
11    the Governor on or before February 1, 2014, and every
12    February 1 thereafter, and, if it deems doing so is
13    advisable, to accompany its report with proposed bills to
14    carry out any of its recommendations.
15        (7) Recommend, as a part of its annual report, changes
16    in the law that the Board of Legislative Repealers deems
17    necessary to modify or eliminate antiquated and
18    inequitable rules of law and to bring the law of this
19    State, civil and criminal, into harmony with modern
20    conditions.
21        (8) Work in conjunction with all legislative
22    commissions to formulate changes needed to current
23    statutes for the betterment of State statutes and the State
24    of Illinois.
25    (c) Official action by the Board shall require the
26affirmative vote of all 4 members of the Board, and the

 

 

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1presence of all 4 members of the Board shall constitute a
2quorum.
3    (d) Staff of the Legislative Reference Bureau and the
4Legislative Research Unit shall cooperate to provide
5administrative support to the Board. The Executive Directors of
6Legislative Reference Bureau and the Legislative Research Unit
7may also employ additional staff for the purpose of complying
8with the requirements of this Act.
9    (e) The Board may adopt any rules that are necessary to
10implement the requirements of this Section.
 
11    Section 10. The Legislative Commission Reorganization Act
12of 1984 is amended by changing Sections 2-1 and 4-2 as follows:
 
13    (25 ILCS 130/2-1)  (from Ch. 63, par. 1002-1)
14    Sec. 2-1. The Joint Committee on Administrative Rules is
15hereby established as a legislative support services agency.
16The Joint Committee on Administrative Rules is subject to the
17provisions of this Act and shall perform the powers and duties
18delegated to it under "The Illinois Administrative Procedure
19Act", as now or hereafter amended, and such other functions as
20may be provided by law. Joint Committee on Administrative Rules
21shall cooperate with the Board of Legislative Repealers to the
22extent necessary to complete the duties assigned to the Board
23of Legislative Repealers under the Board of Legislative
24Repealers Act.

 

 

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1(Source: P.A. 83-1257.)
 
2    (25 ILCS 130/4-2)  (from Ch. 63, par. 1004-2)
3    Sec. 4-2. Intergovernmental functions. It shall be the
4function of the Legislative Research Unit:
5        (1) To carry forward the participation of this State as
6    a member of the Council of State Governments.
7        (2) To encourage and assist the legislative,
8    executive, administrative and judicial officials and
9    employees of this State to develop and maintain friendly
10    contact by correspondence, by conference, and otherwise,
11    with officials and employees of the other States, of the
12    Federal Government, and of local units of government.
13        (3) To endeavor to advance cooperation between this
14    State and other units of government whenever it seems
15    advisable to do so by formulating proposals for, and by
16    facilitating:
17            (a) The adoption of compacts.
18            (b) The enactment of uniform or reciprocal
19        statutes.
20            (c) The adoption of uniform or reciprocal
21        administrative rules and regulations.
22            (d) The informal cooperation of governmental
23        offices with one another.
24            (e) The personal cooperation of governmental
25        officials and employees with one another individually.

 

 

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1            (f) The interchange and clearance of research and
2        information.
3            (g) Any other suitable process, and
4            (h) To do all such acts as will enable this State
5        to do its part in forming a more perfect union among
6        the various governments in the United States and in
7        developing the Council of State Governments for that
8        purpose.
9        (4) To cooperate with the Board of Legislative
10    Repealers to the extent necessary to complete the duties
11    assigned to the Board of Legislative Repealers under the
12    Board of Legislative Repealers Act.
13(Source: P.A. 93-632, eff. 2-1-04.)
 
14    Section 15. The Legislative Reference Bureau Act is amended
15by adding Section 8 as follows:
 
16    (25 ILCS 135/8 new)
17    Sec. 8. Cooperation with Board of Legislative Repealers.
18The Legislative Reference Bureau shall cooperate with the Board
19of Legislative Repealers to the extent necessary to complete
20the duties assigned to the Board of Legislative Repealers under
21the Board of Legislative Repealers Act.
 
22    Section 99. Effective date. This Act takes effect January
231, 2013.".