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| Public Act 102-0984
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| HB5576 Enrolled | LRB102 23486 SPS 32662 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by |
changing Sections 2, 3, 5, 6, and 7 as follows:
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(5 ILCS 80/2) (from Ch. 127, par. 1902)
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Sec. 2. Findings and intent.
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(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.
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(b) It is the intent of the General Assembly:
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(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 |
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police power
shall be done only to the extent necessary |
for that purpose.
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(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.
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(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.
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(Source: P.A. 90-580, eff. 5-21-98.)
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(5 ILCS 80/3) (from Ch. 127, par. 1903)
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Sec. 3. Definitions. As used in this Act, unless the |
context clearly
requires otherwise:
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"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.
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"Personal qualifications" means criteria related to an |
individual's personal background and characteristics. |
"Personal qualifications" may include one or more of the |
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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.
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"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.)
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(5 ILCS 80/5) (from Ch. 127, par. 1905)
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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 |
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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.
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(Source: P.A. 94-793, eff. 5-19-06.)
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(5 ILCS 80/6) (from Ch. 127, par. 1906)
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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
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program should be recommended for termination, modification, |
or continuation:
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(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;
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(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;
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(3) the extent to which the regulatory agency or |
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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;
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(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;
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(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;
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(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;
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(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;
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(8) the efficiency with which formal public complaints |
filed with the
regulatory agency or under the program |
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concerning persons subject to
regulation have been |
processed to completion, by the executive director of the
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regulatory agencies or programs, by the Attorney General |
and by any other
applicable department of State |
government; and
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(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; .
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(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; |
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(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.)
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(5 ILCS 80/7) (from Ch. 127, par. 1907)
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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:
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(1) whether the absence or modification of regulation |
would significantly harm or endanger
the public health, |
safety or welfare;
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(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;
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(3) whether there is another less restrictive method |
of regulation available
which could adequately protect the |
public;
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(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;
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(5) whether the increase in cost is more harmful to |
the public than the
harm which could result from the |
absence of regulation; and
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(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.
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(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: |
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(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. |
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(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.)
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