Full Text of HB4012 102nd General Assembly
HB4012ham001 102ND GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Regulatory Sunrise and Sunset Review Act. | 6 | | Section 5. Declaration of public policy.
| 7 | | (a) It is hereby declared that the Department of Financial | 8 | | and Professional Regulation is charged with protecting the | 9 | | health, safety, and welfare of Illinois residents and that | 10 | | creation of a Sunrise and Sunset Review Unit within the | 11 | | Department of Financial and Professional Regulation to conduct | 12 | | comprehensive reviews of any sunsets and proposed legislation | 13 | | to regulate a profession or occupation or expansion of scope | 14 | | of practice thereof regulated by the Department to ensure such | 15 | | legislation will be necessary to protect the public health, | 16 | | safety, or welfare from significant and discernible harm or |
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| 1 | | damage. | 2 | | (b) It is also declared that, if there is a need to protect | 3 | | the health, safety, and welfare by way of legislation to | 4 | | provide for or continue licensure or title protection of an | 5 | | unregulated or regulated profession or occupation or an | 6 | | expansion of scope of practice thereof regulated by the | 7 | | Department, the General Assembly may consider the Sunrise and | 8 | | Sunset Review Unit's recommendations as part of its | 9 | | legislative function. Nothing in this Act shall interfere with | 10 | | the General Assembly otherwise considering legislation on any | 11 | | regulatory matter. | 12 | | Section 10. Definitions. In this Act: | 13 | | "Address of record" means the designated address recorded | 14 | | by the Department in the applicant's sunrise application file | 15 | | maintained by the Department. | 16 | | "Applicant" means a person or entity requesting a sunrise | 17 | | review for legislation to regulate a profession or occupation | 18 | | or to expand the scope of practice of a regulated profession or | 19 | | occupation regulated by the Department. | 20 | | "Department" means the Department of Financial and | 21 | | Professional Regulation. | 22 | | "Email address of record" means the designated email | 23 | | address recorded by the Department in the applicant's sunrise | 24 | | application file maintained by the Department. | 25 | | "License" means the privilege conferred by the Department |
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| 1 | | to a person or entity that has fulfilled all the requirements | 2 | | prerequisite to any type of licensure under this Act. | 3 | | "Licensee" means a person or entity that holds or claims | 4 | | to hold a
license. An unlicensed person or entity that holds | 5 | | himself, herself, or itself out as a licensee or engages in a | 6 | | licensed activity shall be deemed to be a licensee for the | 7 | | purposes of investigation or disciplinary action. | 8 | | "Licensing" and "licensure" means a process by which the
| 9 | | Department grants to a person who has met certain prerequisite | 10 | | qualifications the right to perform prescribed professional or | 11 | | occupational tasks and to use the title of the profession or | 12 | | occupation. | 13 | | "Practitioner" means a person who is actively engaged in a | 14 | | specified profession or occupation. | 15 | | "Secretary" means the Secretary of Financial and | 16 | | Professional Regulation or a person authorized by the | 17 | | Secretary to act in the Secretary's stead. | 18 | | "Sunrise application" means the application for review by | 19 | | an applicant for licensure of an unregulated profession, | 20 | | occupation, or respective scope of practice thereof. | 21 | | "Sunrise review" means the process as provided in this Act | 22 | | by which the Department shall assess the sunrise application. | 23 | | "Sunset review" means the process of legislative review of | 24 | | Acts and rules regulating professional or occupational | 25 | | licensure 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. | 2 | | All 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 | 12 | | schedule of fees for the administration and maintenance of | 13 | | this Act. The fees shall not be refundable. | 14 | | Section 25. Returned checks; fines. Any person who | 15 | | delivers a check or other payment to the Department that is | 16 | | returned to the Department unpaid by the financial institution | 17 | | upon which it is drawn shall pay to the Department, in addition | 18 | | to the amount already owed to the Department, a fine of $50. | 19 | | The Department shall notify the person or entity that payment | 20 | | of fees and fines shall be paid to the Department by certified | 21 | | check or money order within 30 calendar days of the | 22 | | notification. If, after the expiration of 30 days from the | 23 | | date of the notification, the person or entity has failed to |
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| 1 | | submit the necessary remittance, the Department shall | 2 | | automatically withdraw the applicant's sunrise application. | 3 | | Section 30. Disposition of funds. All of the fees | 4 | | collected as authorized under this Act shall be deposited into | 5 | | the Professions Indirect Cost Fund. | 6 | | Section 35. Establishment of the Sunrise and Sunset Review | 7 | | Unit within the Department. Subject to appropriation, the | 8 | | Department shall establish the Sunrise and Sunset Review Unit | 9 | | to carry out the provisions of this Act. | 10 | | Section 40. Application for sunrise review.
| 11 | | (a) Any professional or occupational group or | 12 | | organization, any individual, or any other interested party | 13 | | seeking licensure of a profession or occupation or seeking to | 14 | | expand the scope of practice of a licensed profession or | 15 | | occupation shall submit a sunrise application. Applications | 16 | | for sunrise review shall be made to the Department in writing | 17 | | on forms or in a format provided by the Department and shall be | 18 | | accompanied by the required nonrefundable fee. All | 19 | | applications shall contain information that, in the judgment | 20 | | of the Department, will enable the Department to evaluate an | 21 | | application for sunrise review. | 22 | | (b) Applicants for sunrise review shall have one year | 23 | | after the date of application to complete the application |
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| 1 | | process for review by the Department's Unit. If the process | 2 | | has not been completed in one year, the application shall be | 3 | | denied, the fee shall be forfeited, and the applicant must | 4 | | reapply and meet the requirements in effect at the time of | 5 | | reapplication. | 6 | | (c) Multiple applications for the same review made by the | 7 | | same applicant shall result in a denial of all applications | 8 | | for sunrise review in process by the Department. The fees | 9 | | shall be forfeited. The applicant shall be prohibited to | 10 | | reapply for sunrise review by the Department for one year from | 11 | | the date of the last application. | 12 | | (d) The Department may adopt additional rules to | 13 | | administer this Section. | 14 | | Section 45. Department procedures for sunrise reviews.
| 15 | | (a) Upon receipt of a completed application for sunrise | 16 | | review, the Department may, in the course of its review, do the | 17 | | following: | 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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| 1 | | consider the information provided by the applicant as set | 2 | | forth in Section 50 of this Act to determine whether the | 3 | | applicant has satisfied the minimum requirements. The | 4 | | applicant carries the burden of demonstrating to the Unit that | 5 | | the proposed regulation is necessary to protect the public | 6 | | health, safety, or welfare from significant and discernible | 7 | | harm or damage. | 8 | | (c) The Unit shall commence its review within 12 months | 9 | | after receipt of a completed application and prepare a final | 10 | | report within 6 months of the review conclusion date. The | 11 | | Department may issue a report in advance of the time allotted. | 12 | | The report shall contain, but not be limited to, the | 13 | | following: | 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 | 5 | | conduct a sunrise review in certain circumstances, including, | 6 | | but not limited to, repeat applications where no new | 7 | | substantive information is provided and where the requested | 8 | | review is not applicable to the Department's regulatory | 9 | | oversight. When the Department exercises its discretion to | 10 | | decline to conduct a sunrise review, it shall provide a | 11 | | written explanation of its decision to the applicant. | 12 | | Section 50. Minimum criteria for sunrise review. Prior to | 13 | | review as authorized under this Act, an applicant for sunrise | 14 | | review shall provide, at minimum, the following criteria in | 15 | | this 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 | 16 | | by rule. | 17 | | Section 55. Review by the General Assembly.
| 18 | | (a) After evaluating the application for sunrise review, | 19 | | the Department shall submit its final report to the General | 20 | | Assembly as provided for in subsection (c) of Section 45. | 21 | | (b) The General Assembly may consider the Department's | 22 | | recommendation.
| 23 | | Section 60. Procedure for sunset review. Prior to the | 24 | | expiration or termination of any Acts and rules regulating |
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| 1 | | professional or occupational licensure under the jurisdiction | 2 | | of the Department, the Department shall conduct a sunset | 3 | | review based on the factors set forth in the Regulatory Sunset | 4 | | Act or any other factors deemed relevant by the Department. | 5 | | Section 65. Severability. This Act is declared to be | 6 | | severable, and should any word, phrase, sentence, provision, | 7 | | or Section hereof be hereafter declared unconstitutional or | 8 | | otherwise invalid, the remainder of this Act shall not thereby | 9 | | be affected, but shall remain valid and in full force and | 10 | | effect for all intents and purposes. | 11 | | Section 70. Rulemaking authority. The Department may adopt | 12 | | rules for the administration and enforcement of this Act.
| 13 | | Section 99. Effective date. This Act takes effect July 1, | 14 | | 2022.".
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