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Public Act 102-0984


 

Public Act 0984 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0984
 
HB5576 EnrolledLRB102 23486 SPS 32662 b

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

Effective Date: 1/1/2023