HB3497 104TH GENERAL ASSEMBLY

LRB104 09326 BDA 19384 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3497

Introduced 2/18/2025, by Rep. Suzanne M. Ness - Maurice A. West, II

SYNOPSIS AS INTRODUCED:

5 ILCS 80/5	from Ch. 127, par. 1905
5 ILCS 80/6	from Ch. 127, par. 1906

Amends the Regulatory Sunset Act. Provides that, in the calendar year 2 years before a regulatory agency or program is scheduled for termination (rather than annually), the Governor's Office of Management and Budget shall study the performance of each regulatory agency and program scheduled for termination under the Act and report to the Governor the results of the study. Requires the Governor to review the report of the Governor's Office of Management and Budget and, no later than December 1st of the year preceding the year of termination (rather than in each even-numbered year), make recommendations to the General Assembly on the termination, modification, or continuation of regulatory agencies and programs.

A BILL FOR

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 5 and 6 as follows:

(5 ILCS 80/5) (from Ch. 127, par. 1905)

Sec. 5. Study and report. In the calendar year 2 years before a regulatory agency or program is scheduled for termination, the 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, no later than December 1st of the year preceding the year of termination, 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. 102-984, eff. 1-1-23.)

(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 the agency or program, including modes of practice or subspecialties that have developed since the last review;

(1.5) the extent to which the profession, occupation, business, industry, or trade licensed, supervised, controlled, issued rules, or otherwise regulated by the agency or program is restricted in other US states or territories;

(2) (blank);

(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;

(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. 102-984, eff. 1-1-23.)