Bill Text: IL HB2892 | 2013-2014 | 98th General Assembly | Introduced

---

Bill Title: 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list of all of the administrative rules within the Illinois Administrative Code that the Commission believes can be repealed, abolished, or amended to maximize the wealth and productivity of Illinois.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of all of the laws, and sections of laws, within the Illinois Compiled Statutes that the Commission believes can be repealed, abolished, or amended to maximize the wealth and productivity of Illinois.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, 2018. Effective immediately.

Spectrum: Partisan Bill (Republican 36-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2892 Detail]

Download: Illinois-2013-HB2892-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2892 Introduced , by Rep. Dwight Kay 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, 2018. Effective immediately.
LRB098 10064 HLH 40223 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB2892 LRB098 10064 HLH 40223 b
AN ACT concerning jobs creation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Illinois Enterprise Commission Act.
Section 5. Statement of legislative intent. The State's
greatest untapped resource is that part of the expertise of its
citizens that is not being allowed to enter into the
marketplace. These are skills held by people who are not able
to use their expertise because of existing State laws and
administrative rules that harm the Illinois private sector,
hurt job creation and the creation of new Illinois businesses,
and prevent expansion of existing Illinois businesses.
Therefore, the Commission created by this Act and its
professional staff are authorized to take actions under this
Act that are directed to maximize overall job growth and
economic productivity in Illinois.
Section 10. Illinois Enterprise Commission. The Illinois
Enterprise Commission is created as a temporary, 12-member
Commission. By June 30, 2013, 3 public members of the
Commission shall be appointed by each legislative leader. All
of the appointees shall be persons who have derived more than

HB2892 - 2 - LRB098 10064 HLH 40223 b
50% of their workplace compensation, from their attaining the
age of 21 until their time of appointment, as owners or
compensated employees in the private sector of the United
States. The appointees may be persons who have partly or
totally retired from private-sector employment. Members of the
Commission shall receive no compensation, but may be reimbursed
for their expenses from appropriations available for that
purpose. The Commission shall elect 2 chairpersons, who shall
serve jointly. One chairperson must be elected from among the 6
persons appointed by the Illinois General Assembly Democratic
caucus leaders, and one chairperson must be elected from among
the 6 persons appointed by the Illinois General Assembly
Republican caucus leaders. The Commission shall meet monthly,
or more often at the call of the Chair. Each commission member
shall have a 4-year term. A legislative leaders may appoint a
replacement member upon the death, disability, or resignation
of any member appointed by that leader. The legislative leaders
do not have the power to appoint substitutes to attend
individual meetings of the Commission.
Section 15. Commission staff. The Commission may appoint an
executive director, and the executive director may hire a
permanent nonpartisan staff. However, all of the employment
contracts signed by the staff and the executive director shall
state, on their face, that the Commission is scheduled to go
out of business on June 30, 2017. As of that date, the

HB2892 - 3 - LRB098 10064 HLH 40223 b
Commission and the staff shall no longer be employed or
compensated.
Section 20. Scrutinization of statutes. The Commission and
its staff shall scrutinize the existing Illinois Compiled
Statutes to see which laws are serving as a net drag on
Illinois job creation and economic productivity. Every January
1, during the years 2014, 2015, 2016, and 2017, the Commission
shall adopt, by two-thirds majority vote (8 of 12), with at
least one vote from a member appointed by each legislative
leader, and shall 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.
Section 25. Omnibus revisory bill. The Commission, in
cooperation with LRB, shall oversee the drafting of an omnibus
revisory bill reflecting these recommendations. This omnibus
bill must be introduced in each house of the General Assembly
no later than February 1 of each calendar year.
Section 30. Scrutinization of rules. The Commission and its
staff shall scrutinize the existing Illinois administrative
rules, except emergency rules with a sunset date, to see which

HB2892 - 4 - LRB098 10064 HLH 40223 b
rules are serving as a net drag on Illinois job creation and
economic productivity. Every January 1, during the years 2014,
2015, 2016, and 2017, the Commission shall adopt, by two-thirds
majority vote (8 of 12) with at least one vote from a member
appointed by each legislative leader, and shall 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 rules within the Illinois Administrative
Code that the Commission believes can be repealed, abolished,
or amended to maximize the wealth and productivity of Illinois.
These reports are public documents and must be posted on a
publicly accessible Internet website. By the following March 1,
each omnibus list must be accepted or not accepted, on a
single, up-or-down record vote, by JCAR. A three-fifths vote by
JCAR with respect to a list shall prohibit all of the rules on
the list.
Section 35. Public comment. Persons concerned about the
Commission's work may submit comments to the Commission. The
Commission's reports must contain summaries of the comments
received as of the deadline date for receiving comments. These
reports shall be public documents and must be posted on a
publicly accessible Internet website. After a report to JCAR
has been filed and while it is being considered by JCAR,
persons may comment to JCAR, but JCAR is not required to
publish the comments.

HB2892 - 5 - LRB098 10064 HLH 40223 b
Section 40. Recommended replacement rules. The
Commission's annual report shall contain texts of substitute
rules that it recommends for adoption as replacements for the
rules to be altered or abolished. If JCAR adopts an omnibus
prohibition motion with respect to a report, then the
replacement rules recommended by the Commission shall be
available for adoption as emergency replacement rules, and all
of the affected State agencies shall adopt these emergency
replacement rules within 30 days or shall adopt substitute
emergency rules. If the agency adopts a substitute emergency
replacement rules, then the agency must submit a written
explanation to the Commission and to JCAR on why the agency did
not use the Commission's recommended emergency language. No
emergency replacement rule is valid if the emergency
replacement rule adopted by an agency under this Act is
substantively similar to rules that had recently been
prohibited by JCAR under the procedures set forth in this Act,
and the Secretary of State is directed not to accept any such
invalid rule for filing.
Section 45. Winding down of affairs. Between January 1,
2017, and June 30, 2017, the Commission shall not take up any
new business and shall devote its time to winding down its
affairs. If the Commission chooses, it may submit a final
report to the Governor, General Assembly, and JCAR by June 30,

HB2892 - 6 - LRB098 10064 HLH 40223 b
2017 describing its work over the course of its operations.
Section 95. Repeal. This Act is repealed on January 1,
2018.
Section 99. Effective date. This Act takes effect upon
becoming law.