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.)