Full Text of SB1415 98th General Assembly
SB1415sam001 98TH GENERAL ASSEMBLY | Sen. Kirk W. Dillard Filed: 4/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1415
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1415 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 General Assembly authorizes the Joint Committee on | 8 | | Legislative Support Services to create the Board of Legislative | 9 | | Repealers. Under this authority, the Joint Committee on | 10 | | Legislative Support Services shall create the Board of | 11 | | Legislative Repealers as a not-for-profit foundation. The | 12 | | Joint Committee shall file articles of incorporation as | 13 | | required under the General Not For Profit Corporation Act of | 14 | | 1986 to create a not for profit corporation with the legal name | 15 | | "Board of Legislative Repealers". The members of the board of | 16 | | directors of the Board of Legislative Repealers shall be |
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| 1 | | appointed as follows: | 2 | | One member of the public appointed by the President of | 3 | | the Senate;
| 4 | | One member of the public appointed by the Minority | 5 | | Leader of the Senate;
| 6 | | One member of the public appointed by the Speaker of | 7 | | the House of Representatives;
and | 8 | | One member of the public appointed by the Minority | 9 | | Leader of the House of Representatives.
| 10 | | The members of the board of directors of the Board shall | 11 | | elect from their number a chairperson, and such other officers | 12 | | as they may choose. | 13 | | (b) The members of the board of directors of the Board | 14 | | shall serve at the pleasure of their respective appointing | 15 | | authorities. | 16 | | (c) The members of the board of directors of the Board | 17 | | shall serve without compensation, but may be reimbursed for | 18 | | expenses from funds held in the Board of Legislative Repealers | 19 | | Fund. | 20 | | (d) As directed by the Joint Committee on Legislative | 21 | | Support Services, the Joint Committee on Administrative Rules, | 22 | | the Legislative Information System, the Legislative Reference | 23 | | Bureau, and the Legislative Research Unit shall provide | 24 | | technical support and information to the Board in fulfilling | 25 | | its mission. |
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| 1 | | Section 10. Purpose and duties. | 2 | | (a) The Board of Legislative Repealers shall: | 3 | | (1) Identify, according to a schedule set by the Board, | 4 | | specific State laws or regulations that are duplicative, in | 5 | | conflict, contradictory, anachronistic, or obsolete or | 6 | | have been held unconstitutional by the United States | 7 | | Supreme Court or the Illinois Supreme Court. | 8 | | (2) Create, at the earliest possible date, a system for | 9 | | soliciting and receiving public comments on various laws or | 10 | | regulations to be considered by the Board of Legislative | 11 | | Repealers for possible repeal, modification, or revision | 12 | | due to being duplicative, in conflict, contradictory, | 13 | | anachronistic, or obsolete or having been held | 14 | | unconstitutional by the United States Supreme Court or the | 15 | | Illinois Supreme Court. That system for receiving comments | 16 | | shall include a public online portal that is accessible | 17 | | through the website maintained by the Illinois General | 18 | | Assembly. | 19 | | (3) Determine, based on criteria adopted by the Board, | 20 | | that a State law or regulation is duplicative, in conflict, | 21 | | contradictory, anachronistic, or obsolete or has been held | 22 | | unconstitutional by the United States Supreme Court or the | 23 | | Illinois Supreme Court, and, upon making that | 24 | | determination, recommending to the originating body either | 25 | | the repeal, modification, or revision of the law or | 26 | | regulation. The recommendation shall set forth with |
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| 1 | | specificity the justification for the requested repeal, | 2 | | modification, or revision. | 3 | | (4) Implement a tracking system to follow the action | 4 | | taken by any originating body on any recommendation made by | 5 | | the Board of Legislative Repealers in order to prepare | 6 | | annual reports to the Joint Committee on Legislative | 7 | | Support Services regarding the progress of repeal, | 8 | | modification, or revision. | 9 | | (5) Receive and consider suggestions from judges, | 10 | | justices, public officials, lawyers, and the public | 11 | | generally regarding State laws or regulations that are | 12 | | duplicative, in conflict, contradictory, anachronistic, or | 13 | | obsolete or have been held unconstitutional by the United | 14 | | States Supreme Court or the Illinois Supreme Court, and | 15 | | make that information available to members of the General | 16 | | Assembly upon request. | 17 | | (6) Report its proceedings to the Joint Committee on | 18 | | Legislative Support Services on or before February 1, 2015, | 19 | | and every February 1 thereafter, and, if it deems doing so | 20 | | is advisable, to accompany its report with proposed | 21 | | legislation to carry out any of its recommendations. | 22 | | (7) Recommend, as a part of its annual report, | 23 | | revisions in the law that the Board of Legislative | 24 | | Repealers deems necessary to repeal, modify, or revise | 25 | | State laws or regulations that are duplicative, in | 26 | | conflict, contradictory, anachronistic, or obsolete or |
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| 1 | | have been held unconstitutional by the United States | 2 | | Supreme Court or the Illinois Supreme Court. | 3 | | (b) Official action by the Board shall require the | 4 | | affirmative vote of 3 members of the board of directors of the | 5 | | Board, and the presence of 3 members of the board of directors | 6 | | of the Board shall constitute
a quorum. | 7 | | (c) The Board shall operate within the provisions of the | 8 | | General Not For Profit Corporation Act of 1986. | 9 | | (d) As soon as practical after the Board is created, the | 10 | | members of the board of directors of the Board shall meet, | 11 | | organize, and designate, by majority vote, a chairperson and | 12 | | any additional officers that may be needed to carry out the | 13 | | activities of the Board as provided for in this Section, and | 14 | | shall adopt bylaws of the Board. The Board may adopt any bylaws | 15 | | that are necessary to implement the requirements of this Act. | 16 | | (e) The Board shall conduct its activities in accordance | 17 | | with the requirements of the Internal Revenue Code to ensure | 18 | | the tax deductibility of gifts and contributions from private | 19 | | parties. | 20 | | (f) The Joint Committee on Legislative Support Services may | 21 | | adopt other rules deemed necessary to govern Board procedures. | 22 | | Section 15. Funding. | 23 | | (a) The Board may accept gifts or grants from the federal | 24 | | government, its agencies or officers, or from any person, firm, | 25 | | or corporation, and may expend receipts on activities that it |
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| 1 | | considers suitable to the performance of its duties under this | 2 | | Act and consistent with any requirement of the grant, gift, or | 3 | | bequest. Funds collected by the Board shall be considered | 4 | | private funds, except those received from public entities, and | 5 | | shall be deposited and held by the State Treasurer, as | 6 | | ex-officio custodian thereof, in an special trust fund outside | 7 | | of the State Treasury. The trust fund shall be known as the | 8 | | "Board of Legislative Repealers Fund", and shall be | 9 | | administered by a majority vote of the board of directors of | 10 | | the Board. Private funds collected by the Board are not subject | 11 | | to the Public Funds Investment Act. | 12 | | (b) Board procurement is exempt from the Illinois | 13 | | Procurement Code when private funds are used for procurement | 14 | | expenditures. The Board's accounts and books shall be set up | 15 | | and maintained according to generally accepted accounting | 16 | | principles, and the Board and its officers shall be responsible | 17 | | for the approval of recording of receipts, approval of | 18 | | payments, and the proper filing of required reports. | 19 | | (c) The Board must provide a written notice to any entity | 20 | | providing a gift, grant, or bequest to the Board that the Board | 21 | | is not subject to the provisions of the Public Funds Investment | 22 | | Act which Act places limitations on the types of securities in | 23 | | which a public agency may invest public funds. | 24 | | Section 20. The Legislative Commission Reorganization Act | 25 | | of 1984 is amended by changing Sections 2-1 and 4-2 as follows:
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| 1 | | (25 ILCS 130/2-1) (from Ch. 63, par. 1002-1)
| 2 | | Sec. 2-1.
The Joint Committee on Administrative Rules is | 3 | | hereby established
as a legislative support services agency. | 4 | | The Joint Committee on Administrative
Rules is subject to the | 5 | | provisions of this Act and shall perform the powers
and duties | 6 | | delegated to it under "The Illinois Administrative Procedure
| 7 | | Act", as now or hereafter amended, and such other functions as | 8 | | may be provided by law. As directed by the Joint Committee on | 9 | | Legislative Support Services, the Joint Committee on | 10 | | Administrative
Rules shall provide technical support and | 11 | | information to the Board of Legislative Repealers.
| 12 | | (Source: P.A. 83-1257.)
| 13 | | (25 ILCS 130/4-2) (from Ch. 63, par. 1004-2)
| 14 | | Sec. 4-2. Intergovernmental functions. It shall be the | 15 | | function of the
Legislative Research Unit:
| 16 | | (1) To carry forward the participation of this State as | 17 | | a member of
the Council of State Governments.
| 18 | | (2) To encourage and assist the legislative, | 19 | | executive,
administrative and judicial officials and | 20 | | employees of this State to
develop and maintain friendly | 21 | | contact by correspondence, by conference,
and otherwise, | 22 | | with officials and employees of the other States, of the
| 23 | | Federal Government, and of local units of government.
| 24 | | (3) To endeavor to advance cooperation between this |
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| 1 | | State and other
units of government whenever it seems | 2 | | advisable to do so by formulating
proposals for, and by | 3 | | facilitating:
| 4 | | (a) The adoption of compacts.
| 5 | | (b) The enactment of uniform or reciprocal | 6 | | statutes.
| 7 | | (c) The adoption of uniform or reciprocal | 8 | | administrative rules and
regulations.
| 9 | | (d) The informal cooperation of governmental | 10 | | offices with one
another.
| 11 | | (e) The personal cooperation of governmental | 12 | | officials and employees
with one another individually.
| 13 | | (f) The interchange and clearance of research and | 14 | | information.
| 15 | | (g) Any other suitable process, and
| 16 | | (h) To do all such acts as will enable this State | 17 | | to do its part in
forming a more perfect union among | 18 | | the various governments in the United
States and in | 19 | | developing the Council of State Governments for that | 20 | | purpose.
| 21 | | (4) As directed by the Joint Committee on Legislative | 22 | | Support Services, to provide technical support and | 23 | | information to the Board of Legislative Repealers. | 24 | | (Source: P.A. 93-632, eff. 2-1-04.)
| 25 | | Section 25. The Legislative Reference Bureau Act is amended |
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| 1 | | by amending Section 5 and adding Section 5.08 as follows:
| 2 | | (25 ILCS 135/5) (from Ch. 63, par. 29)
| 3 | | Sec. 5.
The reference bureau has the duties enumerated in | 4 | | Sections
5.01 through 5.08 5.07 .
| 5 | | (Source: P.A. 83-1257.)
| 6 | | (25 ILCS 135/5.08 new) | 7 | | Sec. 5.08. Cooperation with Board of Legislative | 8 | | Repealers. As directed by the Joint Committee on Legislative | 9 | | Support Services, the Legislative Reference Bureau shall | 10 | | provide technical support and information to the Board of | 11 | | Legislative Repealers. | 12 | | Section 30. The Legislative Information System Act is | 13 | | amended by adding Section 5.10 as follows: | 14 | | (25 ILCS 145/5.10 new) | 15 | | Sec. 5.10. Cooperation with Board of Legislative | 16 | | Repealers. As directed by the Joint Committee on Legislative | 17 | | Support Services, the Legislative Information System shall | 18 | | provide technical support and information to the Board of | 19 | | Legislative Repealers.
| 20 | | Section 99. Effective date. This Act takes effect July 1, | 21 | | 2014.".
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