|  |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
GENERAL PROVISIONS
(5 ILCS 80/) Regulatory Sunset Act. 5 ILCS 80/1
(5 ILCS 80/1) (from Ch. 127, par. 1901)
Sec. 1.
This Act shall be known and may be cited as the Regulatory Sunset Act.
(Source: P.A. 90-580, eff. 5-21-98.)
|
5 ILCS 80/2
(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. 102-984, eff. 1-1-23.)
|
5 ILCS 80/3
(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. 102-984, eff. 1-1-23.)
|
5 ILCS 80/4
(5 ILCS 80/4) (from Ch. 127, par. 1904)
Sec. 4.
Repealers.
Each Act listed in the Sections following this Section
and preceding Section 5 is repealed on the date indicated, unless prior to that
date the General Assembly enacts legislation providing for the continuation of
the agency or program affected by the repealer.
(Source: P.A. 90-580, eff. 5-21-98.)
|
5 ILCS 80/4.1
(5 ILCS 80/4.1) (from Ch. 127, par. 1904.1)
Sec. 4.1.
(Repealed).
(Source: P.A. 83-230. Repealed by P.A. 90-580, eff. 5-21-98.)
|
5 ILCS 80/4.2
(5 ILCS 80/4.2) (from Ch. 127, par. 1904.2)
Sec. 4.2.
(Repealed).
(Source: P.A. 83-1362. Repealed by P.A. 90-580, eff. 5-21-98.)
|
5 ILCS 80/4.3
(5 ILCS 80/4.3) (from Ch. 127, par. 1904.3)
Sec. 4.3.
(Repealed).
(Source: P.A. 84-1308. Repealed by P.A. 90-580, eff. 5-21-98.)
|
5 ILCS 80/4.4
(5 ILCS 80/4.4) (from Ch. 127, par. 1904.4)
Sec. 4.4.
(Repealed).
(Source: P.A. 85-1209. Repealed by P.A. 90-580, eff. 5-21-98.)
|
5 ILCS 80/4.4A
(5 ILCS 80/4.4A) (from Ch. 127, par. 1904.4A)
Sec. 4.4A.
(Repealed).
(Source: P.A. 85-1440. Repealed by P.A. 90-580, eff. 5-21-98.)
|
5 ILCS 80/4.5
(5 ILCS 80/4.5) (from Ch. 127, par. 1904.5)
Sec. 4.5.
(Repealed).
(Source: P.A. 86-925. Repealed by P.A. 90-580, eff. 5-21-98.)
|
5 ILCS 80/4.6
(5 ILCS 80/4.6) (from Ch. 127, par. 1904.6)
Sec. 4.6.
(Repealed).
(Source: P.A. 87-895. Repealed by P.A. 90-580, eff. 5-21-98.)
|
5 ILCS 80/4.7
(5 ILCS 80/4.7) (from Ch. 127, par. 1904.7)
Sec. 4.7.
(Repealed).
(Source: Repealed by P.A. 88-670, eff. 12-2-94.)
|
5 ILCS 80/4.8
(5 ILCS 80/4.8) (from Ch. 127, par. 1904.8)
Sec. 4.8.
(Repealed).
(Source: P.A. 89-387, eff. 8-20-95. Repealed by P.A. 89-626, eff. 8-9-96.)
|
5 ILCS 80/4.8a
(5 ILCS 80/4.8a)
Sec. 4.8a.
(Repealed).
(Source: P.A. 89-594, eff. 8-1-96. Repealed by 90-14, eff. 7-1-97.)
|
5 ILCS 80/4.9
(5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
Sec. 4.9.
(Repealed).
(Source: P.A. 90-248, eff. 1-1-98. Repealed by P.A. 90-580, eff. 5-21-98 and
P.A. 90-655, eff. 7-30-98.)
|
5 ILCS 80/4.10
(5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
Sec. 4.10.
The following Acts are repealed December 31, 1999:
The Fire Equipment Distributor and Employee Regulation Act.
The Land Sales Registration Act of 1989.
(Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132, eff. 7-16-99;
91-133, eff. 7-16-99; 91-245, eff. 12-31-99; 91-255, eff. 12-30-99; 92-16, eff.
6-28-01.)
|
5 ILCS 80/4.11
(5 ILCS 80/4.11) (from Ch. 127, par. 1904.11)
Sec. 4.11.
(Repealed).
(Source: P.A. 86-1475. Repealed by P.A. 91-752, eff. 6-2-00.)
|
5 ILCS 80/4.12
(5 ILCS 80/4.12) (from Ch. 127, par. 1904.12)
Sec. 4.12.
(Repealed).
(Source: P.A. 92-500. Repealed by P.A. 92-651, eff. 7-11-02.)
|
5 ILCS 80/4.13
(5 ILCS 80/4.13)
Sec. 4.13. (Repealed).
(Source: P.A. 92-837, eff. 8-22-02. Repealed by P.A. 95-331, eff. 8-21-07.)
|
5 ILCS 80/4.14
(5 ILCS 80/4.14)
Sec. 4.14. (Repealed).
(Source: P.A. 93-461, eff. 8-8-03. Repealed by P.A. 95-331, eff. 8-21-07.)
|
5 ILCS 80/4.16
(5 ILCS 80/4.16)
Sec. 4.16. (Repealed).
(Source: P.A. 94-708, eff. 12-5-05. Repealed by P.A. 95-331, eff. 8-21-07.)
|
5 ILCS 80/4.17
(5 ILCS 80/4.17)
Sec. 4.17. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 95-876, eff. 8-21-08.)
|
5 ILCS 80/4.18
(5 ILCS 80/4.18)
Sec. 4.18. (Repealed).
(Source: P.A. 95-1020, eff. 12-29-08. Repealed by P.A. 96-1000, eff. 7-2-10.)
|
5 ILCS 80/4.19
(5 ILCS 80/4.19)
Sec. 4.19.
(Repealed).
(Source: P.A. 90-614, eff. 7-10-98. Repealed by P.A. 91-357, eff.
7-29-99.)
|
5 ILCS 80/4.19a
(5 ILCS 80/4.19a)
Sec. 4.19a. (Repealed).
(Source: P.A. 94-828, eff. 1-1-07. Repealed by P.A. 95-331, eff. 8-21-07.)
|
5 ILCS 80/4.19b (5 ILCS 80/4.19b)
Sec. 4.19b. Act repealed on January 1, 2009. The following Act is repealed on January 1, 2009: The Interpreters for the Deaf Act.
(Source: P.A. 95-617, eff. 9-12-07; 95-786, eff. 8-7-08; 96-473, eff. 8-14-09.) |
5 ILCS 80/4.20
(5 ILCS 80/4.20)
Sec. 4.20. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 96-1492, eff. 12-30-10.)
|
5 ILCS 80/4.21
(5 ILCS 80/4.21)
Sec. 4.21. Act repealed on January 1, 2011. The following
Act is repealed
on January 1, 2011: The Fire Equipment Distributor and Employee Regulation Act of 2000.(Source: P.A. 96-1041, eff. 7-14-10; 96-1492, eff. 12-30-10; 97-622, eff. 11-23-11.)
|
5 ILCS 80/4.22
(5 ILCS 80/4.22)
Sec. 4.22. (Repealed).
(Source: P.A. 97-622, eff. 11-23-11. Repealed by P.A. 97-1140, eff. 12-28-12.)
|
5 ILCS 80/4.23
(5 ILCS 80/4.23)
Sec. 4.23. (Repealed).
(Source: P.A. 98-463, eff. 8-16-13. Repealed by P.A. 98-601, eff. 12-30-13.)
|
5 ILCS 80/4.24
(5 ILCS 80/4.24)
Sec. 4.24. (Repealed).
(Source: P.A. 98-601, eff. 12-30-13. Repealed by P.A. 98-1140, eff. 12-30-14.)
|
5 ILCS 80/4.25 (5 ILCS 80/4.25)
Sec. 4.25. (Repealed).
(Source: P.A. 93-1041, eff. 9-29-04. Repealed by P.A. 98-813, eff. 1-1-15.) |
5 ILCS 80/4.25a
(5 ILCS 80/4.25a)
Sec. 4.25a. (Repealed).
(Source: P.A. 98-1140, eff. 12-30-14. Repealed by P.A. 99-489, eff. 12-4-15.)
|
5 ILCS 80/4.26
(5 ILCS 80/4.26)
Sec. 4.26. (Repealed).
(Source: P.A. 99-492, eff. 12-31-15. Repealed by P.A. 99-642, eff. 7-28-16.)
|
5 ILCS 80/4.26a
(5 ILCS 80/4.26a)
Sec. 4.26a. (Repealed).
(Source: P.A. 99-489, eff. 12-4-15. Repealed by P.A. 99-909, eff. 12-16-16.)
|
5 ILCS 80/4.27
(5 ILCS 80/4.27)
Sec. 4.27. (Repealed).
(Source: P.A. 99-911, eff. 12-16-16. Repealed by P.A. 100-201, eff. 8-18-17.)
|
5 ILCS 80/4.27a
(5 ILCS 80/4.27a)
Sec. 4.27a. (Repealed).
(Source: P.A. 99-909, eff. 12-16-16. Repealed by P.A. 100-429, eff. 8-25-17.)
|
5 ILCS 80/4.28
(5 ILCS 80/4.28)
Sec. 4.28. (Repealed).
(Source: P.A. 100-530, eff. 9-22-17. Repealed by P.A. 100-560, eff. 12-8-17.)
|
5 ILCS 80/4.29 (5 ILCS 80/4.29) Sec. 4.29. (Repealed).
(Source: P.A. 101-81, eff. 7-12-19. Repealed by P.A. 101-316, eff. 8-9-19.) |
5 ILCS 80/4.30 (5 ILCS 80/4.30) Sec. 4.30. Act repealed on January 1, 2020. The following Act is repealed on January 1, 2020: The Illinois Landscape Architecture Act of 1989.
(Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19; 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff. 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357, eff. 8-9-19; 101-614, eff. 12-20-19; 101-621, eff. 12-20-19; 102-558, eff. 8-20-21.) |
5 ILCS 80/4.31
(5 ILCS 80/4.31)
Sec. 4.31. (Repealed).
(Source: P.A. 97-333, eff. 8-12-11. Repealed by P.A. 101-639, eff. 6-12-20.)
|
5 ILCS 80/4.32
(5 ILCS 80/4.32)
Sec. 4.32. (Repealed).
(Source: 102-671, eff. 11-30-21. Repealed by P.A. 102-687, eff. 12-17-21.)
|
5 ILCS 80/4.33
(5 ILCS 80/4.33)
Sec. 4.33. (Repealed).
(Source: P.A. 102-945, eff. 5-27-22. Repealed by P.A. 103-154, eff. 6-30-23.)
|
5 ILCS 80/4.34 (5 ILCS 80/4.34) Sec. 4.34. (Repealed).(Source: P.A. 103-505, eff. 8-4-23. Repealed by P.A. 103-563, eff. 11-17-23.) |
5 ILCS 80/4.35 (5 ILCS 80/4.35) (Text of Section from P.A. 103-763) Sec. 4.35. Acts repealed on January 1, 2025. The following Acts are repealed on January 1, 2025: The Illinois Certified Shorthand Reporters Act of 1984.(Source: P.A. 103-563, eff. 11-17-23; 103-763, eff. 1-1-25.) (Text of Section from P.A. 103-816) Sec. 4.35. Acts repealed on January 1, 2025. The following Acts are repealed on January 1, 2025: The Genetic Counselor Licensing Act.(Source: P.A. 103-563, eff. 11-17-23; 103-816, eff. 8-9-24.) |
5 ILCS 80/4.36 (5 ILCS 80/4.36) Sec. 4.36. Acts repealed on January 1, 2026. The following Acts are repealed on January 1, 2026: The Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. The Collection Agency Act. The Hearing Instrument Consumer Protection Act. The Illinois Athletic Trainers Practice Act. The Illinois Dental Practice Act. The Illinois Roofing Industry Licensing Act.
The Illinois Physical Therapy Act. The Professional Geologist Licensing Act. The Respiratory Care Practice Act.(Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15; 99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15; 99-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff. 12-31-15; 99-642, eff. 7-28-16.) |
5 ILCS 80/4.37 (5 ILCS 80/4.37) Sec. 4.37. Acts and Articles repealed on January 1, 2027. The following are repealed on January 1, 2027: The Clinical Psychologist Licensing Act. The Illinois Optometric Practice Act of 1987. Articles II, III, IV, V, VI, VIIA, VIIC, XVII, XXXI, and XXXI 1/4 of the Illinois Insurance Code. The Boiler and Pressure Vessel Repairer Regulation Act. The Marriage and Family Therapy Licensing Act. The Boxing and Full-contact Martial Arts Act. The Cemetery Oversight Act. The Community Association Manager Licensing and Disciplinary Act. The Detection of Deception Examiners Act. The Home Inspector License Act. The Massage Licensing Act. The Medical Practice Act of 1987. The Petroleum Equipment Contractors Licensing Act. The Radiation Protection Act of 1990. The Real Estate Appraiser Licensing Act of 2002. The Registered Interior Designers Act. The Landscape Architecture Registration Act. The Water Well and Pump Installation Contractor's License Act. The Licensed Certified Professional Midwife Practice Act.(Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21; 102-437, eff. 8-20-21; 102-656, eff. 8-27-21; 102-683, eff. 10-1-22; 102-813, eff. 5-13-22; 103-371, eff. 1-1-24; 103-823, eff. 8-9-24.) |
5 ILCS 80/4.38
(5 ILCS 80/4.38) Sec. 4.38. Acts repealed on January 1, 2028. The following Acts are repealed on January 1, 2028: The Acupuncture Practice Act. The Behavior Analyst Licensing Act. The Clinical Social Work and Social Work Practice Act. The Dietitian Nutritionist Practice Act. The Elevator Safety and Regulation Act. The Fire Equipment Distributor and Employee Regulation Act of 2011. The Funeral Directors and Embalmers Licensing Code. The Home Medical Equipment and Services Provider License Act. The Illinois Petroleum Education and Marketing Act. The Illinois Speech-Language Pathology and Audiology Practice Act. The Interpreter for the Deaf Licensure Act of 2007. The Music Therapy Licensing and Practice Act. The Naprapathic Practice Act. The Nurse Practice Act. The Nursing Home Administrators Licensing and Disciplinary Act. The Pharmacy Practice Act. The Physician Assistant Practice Act of 1987. The Podiatric Medical Practice Act of 1987.
The Professional Counselor and Clinical Professional Counselor
Licensing and Practice Act. The Wholesale Drug Distribution Licensing Act. (Source: P.A. 102-715, eff. 4-29-22; 102-878, eff. 5-13-22; 102-879, eff. 5-13-22; 102-880, eff. 5-13-22; 102-881, eff. 5-13-22; 102-882, eff. 5-13-22; 102-945, eff. 5-27-22; 102-953, eff. 5-27-22; 102-993, eff. 5-27-22; 103-154, eff. 6-30-23.)
|
5 ILCS 80/4.39 (5 ILCS 80/4.39) Sec. 4.39. Acts and Section repealed on January 1, 2029 and December 31, 2029. (a) The following Acts and Section are repealed on January 1, 2029: The Electrologist Licensing Act. The Environmental Health Practitioner Licensing Act. The Illinois Occupation Therapy Practice Act. The Crematory Regulation Act. The Illinois Public Accounting Act. The Private Detective, Private Alarm, Private | | Security, Fingerprint Vendor, and Locksmith Act of 2004.
|
| Section 2.5 of the Illinois Plumbing License Law.
The Veterinary Medicine and Surgery Practice Act of
| | The Registered Surgical Assistant and Registered
| | Surgical Technologist Title Protection Act.
|
| (b) The following Act is repealed on December 31, 2029:
The Structural Pest Control Act.
(Source: P.A. 103-251, eff. 6-30-23; 103-253, eff. 6-30-23; 103-309, eff. 7-28-23; 103-387, eff. 7-28-23; 103-505, eff. 8-4-23; 103-605, eff. 7-1-24.)
|
5 ILCS 80/4.40 (5 ILCS 80/4.40) (Text of Section from P.A. 103-763) Sec. 4.40. Acts repealed on January 1, 2030. The following Acts are repealed on January 1, 2030: The Auction License Act. The Genetic Counselor Licensing Act. The Illinois Architecture Practice Act of 1989. The Illinois Professional Land Surveyor Act of 1989. The Orthotics, Prosthetics, and Pedorthics Practice Act. The Perfusionist Practice Act. The Professional Engineering Practice Act of 1989. The Real Estate License Act of 2000. The Structural Engineering Practice Act of 1989.(Source: P.A. 102-558, eff. 8-20-21; 103-763, eff. 1-1-25.) (Text of Section from P.A. 103-816) Sec. 4.40. Acts repealed on January 1, 2030. The following Acts are repealed on January 1, 2030: The Auction License Act. The Illinois Architecture Practice Act of 1989. The Illinois Certified Shorthand Reporters Act of 1984. The Illinois Professional Land Surveyor Act of 1989. The Orthotics, Prosthetics, and Pedorthics Practice Act. The Perfusionist Practice Act. The Professional Engineering Practice Act of 1989. The Real Estate License Act of 2000. The Structural Engineering Practice Act of 1989.(Source: P.A. 102-558, eff. 8-20-21; 103-816, eff. 8-9-24.) |
5 ILCS 80/4.42 (5 ILCS 80/4.42) Sec. 4.42. Acts repealed on January 1, 2032. The following Acts are repealed on January 1, 2032: The Collateral Recovery Act.(Source: P.A. 103-371, eff. 1-1-24.) |
5 ILCS 80/5
(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. 102-984, eff. 1-1-23.)
|
5 ILCS 80/6
(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;
|
|
(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
| | (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.)
|
5 ILCS 80/7
(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. 102-984, eff. 1-1-23; 103-154, eff. 6-30-23.)
|
5 ILCS 80/8.31
(5 ILCS 80/8.31)
Sec. 8.31. (Repealed).
(Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 97-333, eff. 8-12-11.)
|
5 ILCS 80/11
(5 ILCS 80/11) (from Ch. 127, par. 1911)
Sec. 11.
Personnel or appropriations affected by repeal of regulatory
law. The General Assembly by law may provide for transitional use of personnel
or appropriations affected by repeal of regulatory functions or programs
under this Act. No later than one year from the date of repeal of any Act
as provided in the Sections following Section 4 and preceding Section
5, the board, committee, or other unit of
government or subunit thereof, and the personnel positions responsible for
carrying out the powers, duties, and functions created by the repealed Act,
shall be abolished and all unexpended balances of appropriations,
allocation or other funds shall revert to the fund from which they were
appropriated, or if that fund is abolished, to the General Revenue Fund.
(Source: P.A. 88-670, eff. 12-2-94.)
|
5 ILCS 80/12
(5 ILCS 80/12) (from Ch. 127, par. 1912)
Sec. 12.
(a) Any program or function scheduled for termination under this
Act may be re-established by the General Assembly for any period of time
specified by law, not to exceed 10 years, at the end of which time the
General Assembly shall again review such program, or function and may again
re-establish, modify or allow the termination of such program or function.
(b) Any program or function created in whole or in part to regulate any
profession or occupation by law enacted after the effective date of this
Act shall be reviewed as provided in this Act, beginning during the next
succeeding review cycle 10 years after the effective date of such law.
(Source: P.A. 84-1308.)
|
5 ILCS 80/13
(5 ILCS 80/13) (from Ch. 127, par. 1913)
Sec. 13.
(Repealed).
(Source: P.A. 81-999. Repealed by P.A. 90-580, eff. 5-21-98.)
|
5 ILCS 80/14
(5 ILCS 80/14) (from Ch. 127, par. 1914)
Sec. 14.
This Act shall not affect any claim or right of a citizen against
any regulatory agency, or any claim or right of an agency, terminated pursuant
to this Act. Those claims, rights and obligations shall be assumed by the
Attorney General. Nothing in this Act shall interfere with the General
Assembly otherwise considering legislation on any regulatory agency.
(Source: P.A. 81-999.)
|
|
|
|
|
