Rep. Anna Moeller

Filed: 5/11/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4012

2    AMENDMENT NO. ______. Amend House Bill 4012 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Regulatory Sunrise and Sunset Review Act.
 
6    Section 5. Declaration of public policy.
7    (a) It is hereby declared that the Department of Financial
8and Professional Regulation is charged with protecting the
9health, safety, and welfare of Illinois residents and that
10creation of a Sunrise and Sunset Review Unit within the
11Department of Financial and Professional Regulation to conduct
12comprehensive reviews of any sunsets and proposed legislation
13to regulate a profession or occupation or expansion of scope
14of practice thereof regulated by the Department to ensure such
15legislation will be necessary to protect the public health,
16safety, or welfare from significant and discernible harm or

 

 

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1damage.
2    (b) It is also declared that, if there is a need to protect
3the health, safety, and welfare by way of legislation to
4provide for or continue licensure or title protection of an
5unregulated or regulated profession or occupation or an
6expansion of scope of practice thereof regulated by the
7Department, the General Assembly may consider the Sunrise and
8Sunset Review Unit's recommendations as part of its
9legislative function. Nothing in this Act shall interfere with
10the General Assembly otherwise considering legislation on any
11regulatory matter.
 
12    Section 10. Definitions. In this Act:
13    "Address of record" means the designated address recorded
14by the Department in the applicant's sunrise application file
15maintained by the Department.
16    "Applicant" means a person or entity requesting a sunrise
17review for legislation to regulate a profession or occupation
18or to expand the scope of practice of a regulated profession or
19occupation regulated by the Department.
20    "Department" means the Department of Financial and
21Professional Regulation.
22    "Email address of record" means the designated email
23address recorded by the Department in the applicant's sunrise
24application file maintained by the Department.
25    "License" means the privilege conferred by the Department

 

 

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1to a person or entity that has fulfilled all the requirements
2prerequisite to any type of licensure under this Act.
3    "Licensee" means a person or entity that holds or claims
4to hold a license. An unlicensed person or entity that holds
5himself, herself, or itself out as a licensee or engages in a
6licensed activity shall be deemed to be a licensee for the
7purposes of investigation or disciplinary action.
8    "Licensing" and "licensure" means a process by which the
9Department grants to a person who has met certain prerequisite
10qualifications the right to perform prescribed professional or
11occupational tasks and to use the title of the profession or
12occupation.
13    "Practitioner" means a person who is actively engaged in a
14specified profession or occupation.
15    "Secretary" means the Secretary of Financial and
16Professional Regulation or a person authorized by the
17Secretary to act in the Secretary's stead.
18    "Sunrise application" means the application for review by
19an applicant for licensure of an unregulated profession,
20occupation, or respective scope of practice thereof.
21    "Sunrise review" means the process as provided in this Act
22by which the Department shall assess the sunrise application.
23    "Sunset review" means the process of legislative review of
24Acts and rules regulating professional or occupational
25licensure under the jurisdiction of the Department.
26    "Unit" means the Sunrise and Sunset Review Unit.
 

 

 

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1    Section 15. Address of record; email address of record.
2All applicants for sunrise review shall:
3        (1) provide a valid address and email address to the
4    Department, which shall serve as the address of record and
5    email address of record, respectively, at the time of
6    application for sunrise review; and
7        (2) inform the Department of any change of address of
8    record or email address of record within 14 days after
9    such change either through the Department's website or by
10    otherwise contacting the Department.
 
11    Section 20. Fees. The Department shall establish by rule a
12schedule of fees for the administration and maintenance of
13this Act. The fees shall not be refundable.
 
14    Section 25. Returned checks; fines. Any person who
15delivers a check or other payment to the Department that is
16returned to the Department unpaid by the financial institution
17upon which it is drawn shall pay to the Department, in addition
18to the amount already owed to the Department, a fine of $50.
19The Department shall notify the person or entity that payment
20of fees and fines shall be paid to the Department by certified
21check or money order within 30 calendar days of the
22notification. If, after the expiration of 30 days from the
23date of the notification, the person or entity has failed to

 

 

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1submit the necessary remittance, the Department shall
2automatically withdraw the applicant's sunrise application.
 
3    Section 30. Disposition of funds. All of the fees
4collected as authorized under this Act shall be deposited into
5the Professions Indirect Cost Fund.
 
6    Section 35. Establishment of the Sunrise and Sunset Review
7Unit within the Department. Subject to appropriation, the
8Department shall establish the Sunrise and Sunset Review Unit
9to carry out the provisions of this Act.
 
10    Section 40. Application for sunrise review.
11    (a) Any professional or occupational group or
12organization, any individual, or any other interested party
13seeking licensure of a profession or occupation or seeking to
14expand the scope of practice of a licensed profession or
15occupation shall submit a sunrise application. Applications
16for sunrise review shall be made to the Department in writing
17on forms or in a format provided by the Department and shall be
18accompanied by the required nonrefundable fee. All
19applications shall contain information that, in the judgment
20of the Department, will enable the Department to evaluate an
21application for sunrise review.
22    (b) Applicants for sunrise review shall have one year
23after the date of application to complete the application

 

 

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1process for review by the Department's Unit. If the process
2has not been completed in one year, the application shall be
3denied, the fee shall be forfeited, and the applicant must
4reapply and meet the requirements in effect at the time of
5reapplication.
6    (c) Multiple applications for the same review made by the
7same applicant shall result in a denial of all applications
8for sunrise review in process by the Department. The fees
9shall be forfeited. The applicant shall be prohibited to
10reapply for sunrise review by the Department for one year from
11the date of the last application.
12    (d) The Department may adopt additional rules to
13administer this Section.
 
14    Section 45. Department procedures for sunrise reviews.
15    (a) Upon receipt of a completed application for sunrise
16review, the Department may, in the course of its review, do the
17following:
18        (1) request the applicant to provide notice, in a
19    format prescribed by the Department, of its sunrise
20    application and proposed legislation to regulate
21    practitioners of the profession or occupation, or an
22    expansion of scope of practice thereof, to the public, to
23    any professional organizations or associations that
24    include practitioners of the profession or occupation that
25    is proposed by the applicant to be regulated, as

 

 

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1    determined by the Department, and to any opposition groups
2    to the proposed legislation, as determined by the
3    Department; the applicant shall provide the Department a
4    copy of the notice and a list of the persons,
5    organizations or associations, or any opposition group to
6    whom the notice was sent;
7        (2) request information from state agencies that
8    contract with individuals in the unregulated profession or
9    occupation, the Attorney General Consumer Protection
10    division, and others knowledgeable of the profession or
11    occupation;
12        (3) identify evidence, if any, of present, significant
13    or discernible harm that the unregulated profession or
14    occupation or its current regulatory treatment has caused
15    to consumers;
16        (4) when deemed appropriate, provide notice and hold
17    public hearings subject to the Open Meetings Act to gather
18    additional information from members of the public and
19    anyone opposed or in favor of the proposed regulation;
20        (5) receive any information or documentation for
21    consideration to the Unit from the public, including
22    professional and government organizations; and
23        (6) recommend if the proposed regulation is necessary
24    to protect consumers from present, significant, and
25    discernible harms.
26    (b) In conducting the sunrise review, the Unit shall

 

 

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1consider the information provided by the applicant as set
2forth in Section 50 of this Act to determine whether the
3applicant has satisfied the minimum requirements. The
4applicant carries the burden of demonstrating to the Unit that
5the proposed regulation is necessary to protect the public
6health, safety, or welfare from significant and discernible
7harm or damage.
8    (c) The Unit shall commence its review within 12 months
9after receipt of a completed application and prepare a final
10report within 6 months of the review conclusion date. The
11Department may issue a report in advance of the time allotted.
12The report shall contain, but not be limited to, the
13following:
14        (1) a summary of proposed legislation to regulate an
15    unregulated profession or occupation, or the expansion of
16    scope of practice thereof, the criteria and standards
17    provided by the applicant, comments or arguments made by
18    the public or opponent groups, and any steps taken to
19    include the public and any opposition group in the sunrise
20    process;
21        (2) an analysis of whether the applicant's responses
22    to the criteria set forth in Section 50 demonstrate that
23    the proposed regulation is necessary to protect the public
24    health, safety, or welfare from significant and
25    discernible harm or damage; and
26        (3) a recommendation on whether legislation is needed

 

 

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1    to regulate the profession or occupation, or expansion of
2    the scope of practice thereof, and, if so, the type and
3    scope of regulation needed.
4    (d) The Department has the discretion to decline to
5conduct a sunrise review in certain circumstances, including,
6but not limited to, repeat applications where no new
7substantive information is provided and where the requested
8review is not applicable to the Department's regulatory
9oversight. When the Department exercises its discretion to
10decline to conduct a sunrise review, it shall provide a
11written explanation of its decision to the applicant.
 
12    Section 50. Minimum criteria for sunrise review. Prior to
13review as authorized under this Act, an applicant for sunrise
14review shall provide, at minimum, the following criteria in
15this Section:
16        (1) the name or type of profession or occupation or
17    expansion of scope of practice thereof that is requested
18    to be regulated or expanded;
19        (2) the types of harm to the public health, safety, or
20    welfare in this State that will be remedied by legislation
21    to regulate a profession or occupation or to expand the
22    scope of practice thereof;
23        (3) whether and how the public can reasonably expect
24    to benefit from an assurance of initial and continuing
25    professional or occupational competence;

 

 

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1        (4) whether and how any current protections exist for
2    consumers of the goods and services provided by the
3    unregulated profession or occupation or expansion of scope
4    of practice thereof;
5        (5) the nature of the potential or discernible harm or
6    threat to the public health, safety, or welfare if the
7    profession or occupation or expansion of scope of practice
8    thereof is not regulated or expanded, and an explanation
9    of why regulatory frameworks other than licensure would
10    not be adequate to protect the public;
11        (6) the approximate number of individuals or
12    businesses that would be subject to the legislation to
13    regulate the profession or occupation, or the expansion of
14    the scope of practice thereof, and a list of associations,
15    organizations, and other groups available to practitioners
16    of the profession or occupation;
17        (7) the existence of national accreditations or
18    national certification systems for the profession or
19    occupation;
20        (8) a list and description of State and federal laws
21    that have been enacted to protect the public with respect
22    to the profession or occupation;
23        (9) a copy of any federal legislation mandating
24    regulation;
25        (10) a list of states that regulate the profession or
26    occupation, the type of regulation, copies of other

 

 

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1    states' laws and available evidence from those states of
2    the effects of regulation on the profession or occupation;
3        (11) a description of any previous efforts in this
4    State to implement legislation to regulate the profession
5    or occupation or an expansion of scope of practice
6    thereof;
7        (12) a description of the extent that the legislation
8    to regulate will place unreasonable barriers to entry on
9    individuals that practice the profession or occupation, or
10    in the expansion of scope of practice thereof, including,
11    but not limited to, a description of any anticipated
12    barriers for practitioners based on criminal history and
13    any barriers for active military members and their
14    spouses;
15        (13) a description of how legislation to regulate a
16    profession or occupation, or the expansion of scope of
17    practice thereof, will increase the cost of goods or
18    services provided or affect the availability of goods or
19    services to the public;
20        (14) the cost that will be imposed on practitioners of
21    the profession or occupation, or the expansion of scope of
22    practice thereof, resulting from the regulation;
23        (15) the educational or training programs that exist,
24    the cost of such educational or training programs, the
25    relevance of such educational or training programs for the
26    full scope of practice proposed to be licensed, and

 

 

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1    whether all applicants will be required to pass an
2    examination and, if an examination is required, its
3    relevance to the skills of the profession or occupation,
4    by whom it will be developed, and how the costs of
5    development will be met;
6        (16) whether renewal will be based only upon payment
7    of a fee or whether renewal will involve continuing
8    education, reexamination, or other methodologies;
9        (17) the standards for licensure as compared with the
10    standards of other jurisdictions;
11        (18) the form, powers, and composition of a licensing
12    board if needed; and
13        (19) any other information the Department requests for
14    its analysis of the proposed legislation.
15    Additional criteria may be established by the Department
16by rule.
 
17    Section 55. Review by the General Assembly.
18    (a) After evaluating the application for sunrise review,
19the Department shall submit its final report to the General
20Assembly as provided for in subsection (c) of Section 45.
21    (b) The General Assembly may consider the Department's
22recommendation.
 
23    Section 60. Procedure for sunset review. Prior to the
24expiration or termination of any Acts and rules regulating

 

 

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1professional or occupational licensure under the jurisdiction
2of the Department, the Department shall conduct a sunset
3review based on the factors set forth in the Regulatory Sunset
4Act or any other factors deemed relevant by the Department.
 
5    Section 65. Severability. This Act is declared to be
6severable, and should any word, phrase, sentence, provision,
7or Section hereof be hereafter declared unconstitutional or
8otherwise invalid, the remainder of this Act shall not thereby
9be affected, but shall remain valid and in full force and
10effect for all intents and purposes.
 
11    Section 70. Rulemaking authority. The Department may adopt
12rules for the administration and enforcement of this Act.
 
13    Section 99. Effective date. This Act takes effect July 1,
142022.".