Full Text of HB5576 102nd General Assembly
HB5576enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Sections 2, 3, 5, 6, and 7 as follows:
| 6 | | (5 ILCS 80/2) (from Ch. 127, par. 1902)
| 7 | | Sec. 2. Findings and intent.
| 8 | | (a) The General Assembly finds that State government | 9 | | actions have
produced a substantial increase in numbers of | 10 | | agencies, growth of programs
and proliferation of rules and | 11 | | regulations and that the whole process developed
without | 12 | | sufficient legislative oversight, regulatory accountability or | 13 | | a
system of checks and balances. The General Assembly further | 14 | | finds that
by establishing a system for the termination or | 15 | | continuation
of such agencies and programs, it will be in a | 16 | | better position to evaluate
the need for the continued | 17 | | existence of present and future regulatory bodies.
| 18 | | (b) It is the intent of the General Assembly:
| 19 | | (1) That no profession, occupation, business, industry | 20 | | or trade shall
be subject to the State's regulatory power | 21 | | unless the exercise of such power
is necessary to protect | 22 | | the public health, safety or welfare from significant
and | 23 | | discernible harm or damage. The exercise of the State's |
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| 1 | | police power
shall be done only to the extent necessary | 2 | | for that purpose.
| 3 | | (2) That the State shall not regulate a profession, | 4 | | occupation, industry,
business or trade in a manner which | 5 | | will unreasonably and adversely affect either
the | 6 | | competitive market or equitable access to quality jobs and | 7 | | economic opportunities .
| 8 | | (3) To provide systematic legislative review of the | 9 | | need for, and public
benefits derived from, a program or | 10 | | function that licenses or
otherwise
regulates the initial | 11 | | entry into a profession, occupation, business, industry
or | 12 | | trade by a periodic review and termination, modification, | 13 | | or continuation
of those programs and functions.
| 14 | | (Source: P.A. 90-580, eff. 5-21-98.)
| 15 | | (5 ILCS 80/3) (from Ch. 127, par. 1903)
| 16 | | Sec. 3. Definitions. As used in this Act, unless the | 17 | | context clearly
requires otherwise:
| 18 | | "Regulatory agency" or "agency" means any arm, branch, | 19 | | department, board,
committee or commission of State government | 20 | | that licenses, supervises,
exercises
control over, or issues | 21 | | rules regarding, or otherwise regulates any trade,
occupation, | 22 | | business,
industry or profession.
| 23 | | "Personal qualifications" means criteria related to an | 24 | | individual's personal background and characteristics. | 25 | | "Personal qualifications" may include one or more of the |
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| 1 | | following: completion of an approved educational program, | 2 | | satisfactory performance on an examination, work experience, | 3 | | apprenticeship, other evidence of attainment of requisite | 4 | | knowledge and skills, passing a review of the individual's | 5 | | criminal record, and completion of continuing education. | 6 | | "Program" means a system to license or otherwise regulate | 7 | | the initial entry
into a profession, occupation, business, | 8 | | industry, or trade by a periodic
review and termination, | 9 | | modification, or continuation of the profession,
occupation, | 10 | | business, industry, or trade.
| 11 | | "Scope of practice" means the procedures, actions, | 12 | | processes, and work that an individual may perform under an | 13 | | occupational regulation. | 14 | | (Source: P.A. 90-580, eff. 5-21-98.)
| 15 | | (5 ILCS 80/5) (from Ch. 127, par. 1905)
| 16 | | Sec. 5. Study and report. The Governor's Office of | 17 | | Management and
Budget shall study the
performance of each | 18 | | regulatory agency and program scheduled for termination
under | 19 | | this Act and report annually to the Governor the results of | 20 | | such study,
including in the report an analysis of whether the | 21 | | agency or program restricts a profession, occupation, | 22 | | business, industry, or trade any more than is necessary to | 23 | | protect the public health, safety, or welfare from significant | 24 | | and discernible harm or damage, and recommendations with | 25 | | respect to those agencies and
programs the Governor's Office |
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| 1 | | of Management and Budget
determines should be terminated , | 2 | | modified, or
continued by the State. The Governor shall review | 3 | | the report of the
Governor's Office of Management and Budget | 4 | | and in each even-numbered year make recommendations to the | 5 | | General
Assembly on the termination , modification, or | 6 | | continuation of regulatory agencies and
programs.
| 7 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 8 | | (5 ILCS 80/6) (from Ch. 127, par. 1906)
| 9 | | Sec. 6. Factors to be studied. In conducting the study | 10 | | required under
Section 5, the
Governor's Office of Management | 11 | | and Budget shall consider, but is not limited to
consideration | 12 | | of, the following factors in determining whether an agency or
| 13 | | program should be recommended for termination , modification, | 14 | | or continuation:
| 15 | | (1) the full range and variety of practices and | 16 | | activities included in the scope of practice covered by | 17 | | extent to which the agency or program , including modes of | 18 | | practice or subspecialties that have developed since the | 19 | | last review has permitted qualified
applicants to serve | 20 | | the public ;
| 21 | | (2) (blank); the extent to which the trade, business, | 22 | | profession, occupation or
industry being regulated is | 23 | | being administered in a nondiscriminatory manner
both in | 24 | | terms of employment and the rendering of services;
| 25 | | (3) the extent to which the regulatory agency or |
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| 1 | | program has operated
in the public interest, and the | 2 | | extent to which its operation has been impeded
or enhanced | 3 | | by existing statutes, procedures, and practices of any | 4 | | other
department of State government, and any other | 5 | | circumstances, including
budgetary, resource, and | 6 | | personnel matters;
| 7 | | (4) the extent to which the agency running the program | 8 | | has recommended
statutory changes to the General Assembly | 9 | | that would benefit the
public as opposed to the persons it | 10 | | regulates;
| 11 | | (5) the extent to which the agency or program has | 12 | | required the persons
it regulates to report to it | 13 | | concerning the impact of rules and decisions of
the agency | 14 | | or the impact of the program on the public regarding | 15 | | improved
service, economy of service, and availability of | 16 | | service;
| 17 | | (6) the extent to which persons regulated by the | 18 | | agency or under the
program have been required to assess | 19 | | problems in their industry that affect the public;
| 20 | | (7) the extent to which the agency or program has | 21 | | encouraged
participation by the public in making its rules | 22 | | and decisions as opposed to
participation solely by the | 23 | | persons it regulates and the extent to which such
rules | 24 | | and decisions are consistent with statutory authority;
| 25 | | (8) the efficiency with which formal public complaints | 26 | | filed with the
regulatory agency or under the program |
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| 1 | | concerning persons subject to
regulation have been | 2 | | processed to completion, by the executive director of the
| 3 | | regulatory agencies or programs, by the Attorney General | 4 | | and by any other
applicable department of State | 5 | | government; and
| 6 | | (9) the extent to which changes are necessary in the | 7 | | enabling laws of
the agency or program to adequately | 8 | | comply with the factors listed in this
Section ; .
| 9 | | (10) the extent to which there is evidence of | 10 | | significant and discernible harm arising from the full | 11 | | range and variety of practices and activities included in | 12 | | the scope of practice; | 13 | | (11) the substance, content, and relevance of the | 14 | | personal qualifications required for entry into the trade, | 15 | | business, profession, occupation, or industry being | 16 | | regulated, including, but not limited to, as required | 17 | | hours of training, required curricula during the required | 18 | | hours, knowledge areas tested in examinations, and any | 19 | | updates that have been made since the last review to | 20 | | address changes in technology or modes of practice; | 21 | | (12) the extent to which all the personal | 22 | | qualifications that the agency or program requires for | 23 | | individuals to enter the trade, business, profession, | 24 | | occupation, or industry being regulated are necessary to | 25 | | protect the public from significant and discernible harm, | 26 | | for all activities covered by the scope of practice; |
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| 1 | | (13) equity concerns arising from the personal | 2 | | qualifications, including: | 3 | | (A) financial impact on aspiring licensees, | 4 | | including, but not limited to, (i) itemization of | 5 | | average costs of achieving personal qualifications; | 6 | | (ii) an assessment of average incomes of licensees; | 7 | | and (iii) numbers, monetary loss, and demographics of | 8 | | individuals who start but do not achieve personal | 9 | | qualifications or complete the application process; | 10 | | (B) challenges for individuals from historically | 11 | | disadvantaged backgrounds in acquiring personal | 12 | | qualifications; | 13 | | (C) barriers for individuals with records of | 14 | | interactions with the criminal justice system; | 15 | | (D) evidence of challenges for individuals who do | 16 | | not speak English as their primary language; and | 17 | | (E) geographic distribution of training sites and | 18 | | test sites; and | 19 | | (14) the extent to which enforcement actions under the | 20 | | agency or program have addressed significant and | 21 | | discernible harms to the public as opposed to technical | 22 | | noncompliance with the requirements of the agency or | 23 | | program. | 24 | | (Source: P.A. 94-793, eff. 5-19-06 .)
| 25 | | (5 ILCS 80/7) (from Ch. 127, par. 1907)
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| 1 | | Sec. 7. Additional criteria. | 2 | | (a) In determining whether to recommend to the
General | 3 | | Assembly under Section 5 the continuation of a regulatory | 4 | | agency or
program or any function thereof, the Governor shall | 5 | | also consider the
following criteria:
| 6 | | (1) whether the absence or modification of regulation | 7 | | would significantly harm or endanger
the public health, | 8 | | safety or welfare;
| 9 | | (2) whether there is a reasonable relationship between | 10 | | the exercise of
the State's police power and the | 11 | | protection of the public health, safety or
welfare;
| 12 | | (3) whether there is another less restrictive method | 13 | | of regulation available
which could adequately protect the | 14 | | public;
| 15 | | (4) whether the regulation has the effect of directly | 16 | | or indirectly
increasing the costs of any goods or | 17 | | services involved, and if so, to what
degree;
| 18 | | (5) whether the increase in cost is more harmful to | 19 | | the public than the
harm which could result from the | 20 | | absence of regulation; and
| 21 | | (6) whether all facets of the regulatory process are | 22 | | designed solely for
the purpose of, and have as their | 23 | | primary effect, the protection of the public.
| 24 | | (b) In making an evaluation or recommendation with respect | 25 | | to paragraph (3) of subsection (a), the Governor shall follow | 26 | | the following guidelines to address the following: |
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| 1 | | (1) Contractual disputes, including pricing disputes. | 2 | | The Governor may recommend enacting a specific civil cause | 3 | | of action in small-claims court or district court to | 4 | | remedy consumer harm. This cause of action may provide for | 5 | | reimbursement of the attorney's fees or court costs, if a | 6 | | consumer's claim is successful. | 7 | | (2) Fraud. The Governor may recommend strengthening | 8 | | powers under the State's deceptive trade practices acts or | 9 | | requiring disclosures that will reduce misleading | 10 | | attributes of the specific good or service. | 11 | | (3) General health and safety risks. The Governor may | 12 | | recommend enacting a regulation on the related process or | 13 | | requiring a facility license. | 14 | | (4) Unclean facilities. The Governor may recommend | 15 | | requiring periodic facility inspections. | 16 | | (5) A provider's failure to complete a contract fully | 17 | | or to standards. The Governor may recommend requiring the | 18 | | provider to be bonded. | 19 | | (6) A lack of protection for a person who is not a | 20 | | party to a contract between providers and consumers. The | 21 | | Governor may recommend requiring that the provider have | 22 | | insurance. | 23 | | (7) Transactions with transient, out-of-state, or | 24 | | fly-by-night providers. The Governor may recommend | 25 | | requiring the provider register its business with the | 26 | | Secretary of State. |
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| 1 | | (8) A shortfall or imbalance in the consumer's | 2 | | knowledge about the good or service relative to the | 3 | | provider's knowledge (asymmetrical information). The | 4 | | Governor may recommend enacting government certification. | 5 | | (9) An inability to qualify providers of new or highly | 6 | | specialized medical services for reimbursement by the | 7 | | State. The Governor may recommend enacting a specialty | 8 | | certification solely for medical reimbursement. | 9 | | (10) A systematic information shortfall in which a | 10 | | reasonable consumer of the service is permanently unable | 11 | | to distinguish between the quality of providers and there | 12 | | is an absence of institutions that provide guidance to | 13 | | consumers. The Governor may recommend enacting an | 14 | | occupational license. | 15 | | (11) The need to address multiple types of harm. The | 16 | | Governor may recommend a combination of regulations. This | 17 | | may include a government regulation combined with a | 18 | | private remedy, including third-party or consumer-created | 19 | | ratings and reviews or private certification. | 20 | | (Source: P.A. 97-813, eff. 7-13-12.)
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