Is And Other Cliches

Who gets to decide when a phrase has become a cliche? Is that person or those people responsible for coming up with an alternate phrase to replace it?

Here's an idea: How about a private/public partnership that decides on expiration dates for worn out phrases submitted to them by the public? Once that date is decided the partnership has two responsibilities - making the expiration date widely known and inventing something to replace the publicly declared cliche. There are even revenue-generating possibilities here - why not a small fine for anyone caught using the expired phrase in print? I can hear the moans of free speech advocates from here.   

Ok, let's get the party started - What would be your first submission to the partnership? Come on, get out of your comfort zone, push the envelope, think outside the box. As groanworthy as those three are to me, my first submission would be the modern day koan "It is what it is". I mean, come on, what else would it be other than what it is? Unless you're Bill Clinton, of course.