97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3563

 

Introduced 2/24/2011, by Rep. Pam Roth - Chris Nybo - Chad Hays - Patricia R. Bellock - Darlene J. Senger, et al.

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Illinois Enterprise Commission Act. Provides for each legislative leader to appoint 3 public members to the Commission. Authorizes employment of an executive director and staff. Requires the Commission and its staff to scrutinize the existing Illinois laws and administrative rules to see which rules are serving as a net drag on Illinois job creation and economic productivity. Requires the Commission to annually adopt, by two-thirds majority vote, and submit to the Governor, the General Assembly, and the executive director of the Joint Committee on Administrative Rules (JCAR), an omnibus list of all of the administrative rules within the Illinois Administrative Code that the Commission believes can be repealed, abolished, or amended to maximize the wealth and productivity of Illinois. Allows for public comment. Requires the Commission to recommend replacement rules. Allows JCAR, by a single, up-or-down record vote, to accept a report by a three-fifths majority, which has the effect of prohibiting the rules on the list. Sets forth a procedure for adoption of recommended or other rules as emergency rules. Requires the Commission to annually adopt, by two-thirds majority vote, and submit to the Governor, the General Assembly, and the executive director of the Legislative Reference Bureau (LRB), an omnibus list of all of the laws, and sections of laws, within the Illinois Compiled Statutes that the Commission believes can be repealed, abolished, or amended to maximize the wealth and productivity of Illinois. Allows for public comment. Requires the Commission, in cooperation with LRB, to oversee the drafting of an omnibus revisory bill reflecting the Commission's recommendations. Repeals the Act on January 1, 2016. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning jobs creation.
 
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
5Illinois Enterprise Commission Act.
 
6    Section 5. Statement of legislative intent. The State's
7greatest untapped resource is that part of the expertise of its
8citizens that is not being allowed to enter into the
9marketplace. These are skills held by people who are not able
10to use their expertise because of existing State laws and
11administrative rules that harm the Illinois private sector,
12hurt job creation and the creation of new Illinois businesses,
13and prevent expansion of existing Illinois businesses.
14Therefore, the Commission created by this Act and its
15professional staff are authorized to take actions under this
16Act that are directed to maximize overall job growth and
17economic productivity in Illinois.
 
18    Section 10. Illinois Enterprise Commission. The Illinois
19Enterprise Commission is created as a temporary, 12-member
20Commission. By June 30, 2011, 3 public members of the
21Commission shall be appointed by each legislative leader. All
22of the appointees shall be persons who have derived more than

 

 

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150% of their workplace compensation, from their attaining the
2age of 21 until their time of appointment, as owners or
3compensated employees in the private sector of the United
4States. The appointees may be persons who have partly or
5totally retired from private-sector employment. Members of the
6Commission shall receive no compensation, but may be reimbursed
7for their expenses from appropriations available for that
8purpose. The Commission shall elect 2 chairpersons, who shall
9serve jointly. One chairperson must be elected from among the 6
10persons appointed by the Illinois General Assembly Democratic
11caucus leaders, and one chairperson must be elected from among
12the 6 persons appointed by the Illinois General Assembly
13Republican caucus leaders. The Commission shall meet monthly,
14or more often at the call of the Chair. Each commission member
15shall have a 4-year term. A legislative leaders may appoint a
16replacement member upon the death, disability, or resignation
17of any member appointed by that leader. The legislative leaders
18do not have the power to appoint substitutes to attend
19individual meetings of the Commission.
 
20    Section 15. Commission staff. The Commission may appoint an
21executive director, and the executive director may hire a
22permanent nonpartisan staff. However, all of the employment
23contracts signed by the staff and the executive director shall
24state, on their face, that the Commission is scheduled to go
25out of business on June 30, 2015. As of that date, the

 

 

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1Commission and the staff shall no longer be employed or
2compensated.
 
3    Section 20. Scrutinization of statutes. The Commission and
4its staff shall scrutinize the existing Illinois Compiled
5Statutes to see which laws are serving as a net drag on
6Illinois job creation and economic productivity. Every January
71, during the years 2012, 2013, 2014, and 2015, the Commission
8shall adopt, by two-thirds majority vote (8 of 12), with at
9least one vote from a member appointed by each legislative
10leader, and shall submit to the Governor, the General Assembly,
11and the executive director of the Legislative Reference Bureau
12(LRB), an omnibus list of all of the laws, and sections of
13laws, within the Illinois Compiled Statutes that the Commission
14believes can be repealed, abolished, or amended to maximize the
15wealth and productivity of Illinois.
 
16    Section 25. Omnibus revisory bill. The Commission, in
17cooperation with LRB, shall oversee the drafting of an omnibus
18revisory bill reflecting these recommendations. This omnibus
19bill must be introduced in each house of the General Assembly
20no later than February 1 of each calendar year.
 
21    Section 30. Scrutinization of rules. The Commission and its
22staff shall scrutinize the existing Illinois administrative
23rules, except emergency rules with a sunset date, to see which

 

 

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1rules are serving as a net drag on Illinois job creation and
2economic productivity. Every January 1, during the years 2012,
32013, 2014, and 2015, the Commission shall adopt, by two-thirds
4majority vote (8 of 12) with at least one vote from a member
5appointed by each legislative leader, and shall submit to the
6Governor, the General Assembly, and the executive director of
7the Joint Committee on Administrative Rules (JCAR), an omnibus
8list of all of the rules within the Illinois Administrative
9Code that the Commission believes can be repealed, abolished,
10or amended to maximize the wealth and productivity of Illinois.
11These reports are public documents and must be posted on a
12publicly accessible Internet website. By the following March 1,
13each omnibus list must be accepted or not accepted, on a
14single, up-or-down record vote, by JCAR. A three-fifths vote by
15JCAR with respect to a list shall prohibit all of the rules on
16the list.
 
17    Section 35. Public comment. Persons concerned about the
18Commission's work may submit comments to the Commission. The
19Commission's reports must contain summaries of the comments
20received as of the deadline date for receiving comments. These
21reports shall be public documents and must be posted on a
22publicly accessible Internet website. After a report to JCAR
23has been filed and while it is being considered by JCAR,
24persons may comment to JCAR, but JCAR is not required to
25publish the comments.
 

 

 

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1    Section 40. Recommended replacement rules. The
2Commission's annual report shall contain texts of substitute
3rules that it recommends for adoption as replacements for the
4rules to be altered or abolished. If JCAR adopts an omnibus
5prohibition motion with respect to a report, then the
6replacement rules recommended by the Commission shall be
7available for adoption as emergency replacement rules, and all
8of the affected State agencies shall adopt these emergency
9replacement rules within 30 days or shall adopt substitute
10emergency rules. If the agency adopts a substitute emergency
11replacement rules, then the agency must submit a written
12explanation to the Commission and to JCAR on why the agency did
13not use the Commission's recommended emergency language. No
14emergency replacement rule is valid if the emergency
15replacement rule adopted by an agency under this Act is
16substantively similar to rules that had recently been
17prohibited by JCAR under the procedures set forth in this Act,
18and the Secretary of State is directed not to accept any such
19invalid rule for filing.
 
20    Section 45. Winding down of affairs. Between January 1,
212015, and June 30, 2015, the Commission shall not take up any
22new business and shall devote its time to winding down its
23affairs. If the Commission chooses, it may submit a final
24report to the Governor, General Assembly, and JCAR by June 30,

 

 

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12015 describing its work over the course of its operations.
 
2    Section 95. Repeal. This Act is repealed on January 1,
32016.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.