HB3422 104TH GENERAL ASSEMBLY

LRB104 09875 AAS 19943 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3422

Introduced 2/18/2025, by Rep. Tony M. McCombie

SYNOPSIS AS INTRODUCED:

20 ILCS 2105/2105-410 new

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that the Department of Professional and Financial Regulation shall conduct a review of each license, certification, or other authority issued or conferred by the Department, including any costs and fees associated with such authorities. Provides that the Department shall create a report based on this review and deliver the report to the General Assembly no later than 12 months prior to the termination of the relevant licensing Act under the Regulatory Sunset Act. Sets forth requirements for the report. Provides that the Department shall conduct a review of each potential new Department license, certification, or authority, including any costs and fees associated with the potential new program. Provides that the Department shall create a report based on this review and deliver the report to the General Assembly no later than 30 days after the filing date of the bill in which the license, certification, or authority is proposed. Sets forth requirements for the report. Provides that the Department shall complete a review and report for any license, certification, or authority reviewed which becomes law 24 months after the effective date of the bill in which the license, certification, or authority was proposed and shall subsequently conduct review and reporting duties according to the provided schedule. Provides that nothing in the amendatory provisions shall be construed to prevent the Department from conducting a review or publishing and delivering a report prior to the filing date of a piece of legislation if the Department reasonably believes a new license, certification, or authority is necessary to meet a demonstrated public safety or welfare interest or the Department has received requests to regulate a previously unregulated profession

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Professional Regulation Law of the Civil Administrative Code of Illinois is amended by adding Section 2105-410 as follows:

(20 ILCS 2105/2105-410 new)

Sec. 2105-410. Department licensure report.

(a) The Department shall conduct a review of each license, certification, or other authority issued or conferred by the Department, including any costs and fees associated with such authorities. The Department shall create a report based on this review and deliver said report to the General Assembly no later than 12 months prior to termination of the relevant licensing Act under the Regulatory Sunset Act. The report shall be publicly published on the Department's website no later than 30 days prior to the date the report is delivered to the General Assembly. The report shall include, but is not limited to, the following recommendations and any data, assumptions, or other analysis utilized to make each recommendation:

(1) whether the license, certification, or other authority is necessary to meet a demonstrated public safety or welfare interest;

(2) whether the conditions that led to the initial creation of the license, certification, or other authority have changed and whether other conditions have arisen that would warrant more, less, or the same degree of regulation and oversight;

(3) if the license, certification, or other authority is necessary, whether the existing rules and regulations establish the least restrictive form of governmental regulation and oversight consistent with the demonstrated public interest, considering other available regulatory mechanisms;

(4) if the license, certification, or other authority is necessary, whether Department rules pertaining to the license, certification, or other authority enhance the demonstrated public interest and are within the scope of legislative intent;

(5) the economic impact of the license, certification, or other authority and, if national economic information is not available, whether the license, certification, or other authority stimulates or restricts competition;

(6) the budget and administration of the program, including, but not limited to:

(A) the adequacy of current staffing levels;

(B) the cost of required and current staffing levels to meet the needs of the issuance and disciplinary process;

(C) the adequacy of current physical, software, and technical resources;

(D) the cost of required and current physical, software, and technical resources;

(E) the speed of application processing and issuance for both original licenses and renewals;

(F) the cost of application processing; and

(G) the necessity, efficiency and efficacy of disciplinary procedures; and

(H) the cost of disciplinary action;

(7) whether complaint, investigation, and disciplinary procedures adequately protect the public and whether final dispositions of complaints are in the demonstrated public interest or self-serving to the profession or regulated entity;

(8) whether the scope of practice of the regulated occupation or profession contributes to the optimum use of personnel;

(9) whether the regulation and administration of the license, certification, or other authority include numerous stakeholders and the public to ensure fairness;

(10) whether fees associated with the license, certification, or other authority are fair, taking into consideration factor that include, but are not limited to:

(A) the average annual income of an applicant;

(B) the average annual income of a person in the occupation or profession;

(C) the cost of education and other requirements necessary to perform the services and duties of the occupation or profession;

(D) the cost to the Department of administering the program; and

(E) if fees are not fair, what a fair fee would look like;

(11) whether the current number of training, education and, continuing education days are only those demonstrably necessary to protect health and safety;

(12) whether the Department imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve a public safety or commercial or consumer protection interest, including data on the following:

(A) the number of applications that the Department denied based on an applicant's criminal history and the criminal offenses that led to the disqualification;

(B) the number of licenses, certifications, or other authorities issued based upon an applicant's criminal history; and

(C) the number of licenses, certifications, or other authorities revoked or suspended based on an individual's criminal conduct and the criminal offenses that led to the sanction; and

(13) whether administrative and statutory changes are necessary to improve agency operations to enhance the public interest or to ensure that the standards for applicants are not vague and are consistent with the demonstrated public safety or welfare interest necessitating the regulation.

Nothing in this subsection (a) shall be construed to prevent the Department from conducting a review or publishing and delivering a report prior to 12 months before the termination of a licensing Act under the Regulatory Sunset Act if the Secretary reasonably believes a different level of regulation is the least restrictive necessary to meet the demonstrated public safety or welfare interest or the Department has received requests to alter the current level of regulation.

(b) Notwithstanding any Section of this Act, the Department shall conduct a review of each potential new Department license, certification, or authority, including any costs and fees associated with the potential new authority. The Department shall create a new license, certification, or authority report based on this review and deliver the report to the General Assembly no later than 30 days after the filing date of the bill in which the license, certification, or authority is proposed. The report must be published on the Department's website no later than the date the report is delivered to the General Assembly. The report shall include, but is not limited to, the following recommendations and any data, assumptions or other analysis utilized to make each recommendation:

(1) whether the license, certification, or authority is necessary to meet a demonstrated public safety or welfare interest;

(2) the conditions that led to the proposal of the license, certification, or authority and whether other conditions have arisen that would warrant more, less, or the same degree of regulation and oversight as that proposed;

(3) whether the proposed license, certification, or authority establishes the least restrictive form of governmental regulation and oversight consistent with the demonstrated public interest, considering other available regulatory mechanisms;

(4) if the license, certification, or authority is necessary, potential Department rules pertaining to the license, certification, or authority and how these rules would enhance the demonstrated public interest and are within the scope of legislative intent;

(5) the estimated economic impact of the license, certification, or authority and, if national economic information is not available, whether the license, certification, or authority stimulates or restricts competition;

(6) the budget and administration constraints of the license, certification, or authority, including, but not limited to:

(A) the adequacy of current staffing levels to administer the license, certification, or authority;

(B) the cost of maintaining appropriate staffing levels to meet the needs of the issuance and disciplinary process;

(C) the adequacy of current physical, software, and technical resources;

(D) the cost of additional physical, software, and technical resources, if necessary;

(E) the anticipated cost of license, certification, or authority application processing; and

(F) the anticipated cost of license, certification, or authority disciplinary procedure;

(7) whether proposed complaint, investigation, and disciplinary procedures adequately protect the public and the potential methods of evaluating whether final dispositions of complaints are in the demonstrated public interest or self-serving to the profession or regulated entity;

(8) whether the proposed scope of practice of the regulated occupation or profession contributes to the optimum use of personnel;

(9) whether the regulation and administration of the license, certification, or authority as presented in the bill include input from numerous stakeholders and the public to ensure fairness, or, if such inclusion may be facilitated by Department rulemaking, what type of rules would ensure such inclusion;

(10) if a fee amount is proposed in the bill, whether fees associated with the license, certification, or authority are fair, taking into consideration factors that include, but are not limited to, the following:

(A) the average annual income of an applicant;

(B) the average annual income of a person in the occupation or profession;

(C) the cost of education and other requirements necessary to perform the services and duties of the occupation or profession;

(D) the cost to the Department of administering the license, certification, or authority; and

(E) if fees are left to the discretion of the Department, an estimate of a fair fee;

(11) whether the proposed number of training, education, and continuing education days, if any, are only demonstrably necessary to protect health and safety. If no number of training, education, or continuing education days are proposed, a Department estimate thereof;

(12) whether the Department, through the license, certification, or authority proposed, would impose any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications proposed serve a public safety or commercial or consumer protection interest; and

(13) whether changes to the bill language are necessary to improve Department operations to enhance the demonstrated public interest or to ensure license, certification, or authority standards for all applicants are not vague and are consistent with the demonstrated public safety or welfare interest necessitating the regulation and suggested language making the changes.

The Department shall complete a review and report under subsection (a) of this Section for any license, certification, or authority reviewed under this subsection (b) which becomes law 24 months after the license, certification or authority's effective date and shall subsequently conduct review and reporting duties under subsection (a) according to the specified schedule.

Nothing in this subsection (b) shall be construed to prevent the Department from conducting a review or publishing and delivering a report prior to the filing date of a piece of legislation if the Secretary reasonably believes a new license, certification, or authority is necessary to meet a demonstrated public safety or welfare interest or the Department has received requests to regulate a previously unregulated profession.