Full Text of SB3681 97th General Assembly
SB3681sam001 97TH GENERAL ASSEMBLY | Sen. Kirk W. Dillard Filed: 3/26/2012
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| 1 | | AMENDMENT TO SENATE BILL 3681
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3681 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Board | 5 | | of Legislative Repealers Act. | 6 | | Section 5. Board of Legislative Repealers. | 7 | | (a) The Board of Legislative Repealers is hereby created. | 8 | | The Board shall consist of the following ex officio members: | 9 | | the Executive Director of the Legislative Reference Bureau, who | 10 | | shall serve as the chair of the Board; the Deputy Director of | 11 | | the Legislative Reference Bureau; the Executive Director of the | 12 | | Legislative Research Unit; and the Associate Director of the | 13 | | Legislative 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 | 26 | | affirmative vote of all 4 members of the Board, and the |
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| 1 | | presence of all 4 members of the Board shall constitute
a | 2 | | quorum. | 3 | | (d) Staff of the Legislative Reference Bureau and the | 4 | | Legislative Research Unit shall cooperate to provide | 5 | | administrative support to the Board. The Executive Directors of | 6 | | Legislative Reference Bureau and the Legislative Research Unit | 7 | | may also employ additional staff for the purpose of complying | 8 | | with the requirements of this Act. | 9 | | (e) The Board may adopt any rules that are necessary to | 10 | | implement the requirements of this Section. | 11 | | Section 10. The Legislative Commission Reorganization Act | 12 | | of 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 | 15 | | hereby established
as a legislative support services agency. | 16 | | The Joint Committee on Administrative
Rules is subject to the | 17 | | provisions of this Act and shall perform the powers
and duties | 18 | | delegated to it under "The Illinois Administrative Procedure
| 19 | | Act", as now or hereafter amended, and such other functions as | 20 | | may be provided by law. Joint Committee on Administrative
Rules | 21 | | shall cooperate with the Board of Legislative Repealers to the | 22 | | extent necessary to complete the duties assigned to the Board | 23 | | of Legislative Repealers under the Board of Legislative | 24 | | Repealers 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 | 4 | | function 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 | 15 | | by adding Section 8 as follows: | 16 | | (25 ILCS 135/8 new) | 17 | | Sec. 8. Cooperation with Board of Legislative Repealers. | 18 | | The Legislative Reference Bureau shall cooperate with the Board | 19 | | of Legislative Repealers to the extent necessary to complete | 20 | | the duties assigned to the Board of Legislative Repealers under | 21 | | the Board of Legislative Repealers Act.
| 22 | | Section 99. Effective date. This Act takes effect January | 23 | | 1, 2013.".
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