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90_HB0370eng
5 ILCS 80/1 from Ch. 127, par. 1901
5 ILCS 80/2 from Ch. 127, par. 1902
5 ILCS 80/3 from Ch. 127, par. 1903
5 ILCS 80/4 from Ch. 127, par. 1904
5 ILCS 80/5 from Ch. 127, par. 1905
5 ILCS 80/6 from Ch. 127, par. 1906
5 ILCS 80/7 from Ch. 127, par. 1907
5 ILCS 80/4.1 rep.
5 ILCS 80/4.2 rep.
5 ILCS 80/4.3 rep.
5 ILCS 80/4.4 rep.
5 ILCS 80/4.4A rep.
5 ILCS 80/4.5 rep.
5 ILCS 80/4.6 rep.
5 ILCS 80/4.8a rep.
5 ILCS 80/13 rep.
Amends the Regulatory Agency Sunset Act. Changes the
title of the Act to the Regulatory Sunset Act. Provides that
the Act shall provide for the termination or continuation of
programs as well as regulatory agencies. Repeals obsolete
Sections that repealed certain regulatory Acts. Repeals the
Section that provides that no more than one regulatory agency
may be continued in any one bill.
LRB9000273EGfg
HB0370 Engrossed LRB9000273EGfg
1 AN ACT to amend the Regulatory Agency Sunset Act by
2 changing Sections 1, 2, 3, 4, 5, 6, and 7 and repealing
3 Sections 4.1 through 4.8a and 13.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Regulatory Agency Sunset Act is amended
7 by changing Sections 1, 2, 3, 4, 5, 6, and 7 as follows:
8 (5 ILCS 80/1) (from Ch. 127, par. 1901)
9 Sec. 1. This Act shall be known and may be cited as the
10 "Regulatory Agency Sunset Act".
11 (Source: P.A. 81-999.)
12 (5 ILCS 80/2) (from Ch. 127, par. 1902)
13 Sec. 2. Findings and intent.
14 (a) The General Assembly finds that State government
15 actions have produced a substantial increase in numbers of
16 agencies, growth of programs and proliferation of rules and
17 regulations and that the whole process developed without
18 sufficient legislative oversight, regulatory accountability
19 or a system of checks and balances. The General Assembly
20 further finds that by establishing a system for the
21 termination or continuation of such agencies and programs, it
22 will be in a better position to evaluate the need for the
23 continued existence of present and future regulatory bodies.
24 (b) It is the intent of the General Assembly:
25 (1) That no profession, occupation, business,
26 industry or trade shall be subject to the State's
27 regulatory power unless the exercise of such power is
28 necessary to protect the public health, safety or welfare
29 from significant and discernible harm or damage. The
30 exercise of the State's police power shall be done only
HB0370 Engrossed -2- LRB9000273EGfg
1 to the extent necessary for that purpose.
2 (2) That the State shall not regulate a profession,
3 occupation, industry, business or trade in a manner which
4 will unreasonably and adversely affect the competitive
5 market.
6 (3) To provide systematic legislative review of the
7 need for, and public benefits derived from, a program or
8 function that which licenses or otherwise regulates the
9 initial entry into a profession, occupation, business,
10 industry or trade by a periodic review and termination,
11 modification, or continuation of those such programs and
12 functions.
13 (Source: P.A. 81-999.)
14 (5 ILCS 80/3) (from Ch. 127, par. 1903)
15 Sec. 3. Definitions. As used in this Act, unless the
16 context clearly requires otherwise:,
17 "Regulatory agency" or "agency" means any arm, branch,
18 department, board, committee or commission of State
19 government that licenses, supervises, exercises control over,
20 or issues rules regarding, or otherwise regulates any trade,
21 occupation, business, industry or profession.
22 "Program" means a system to license or otherwise regulate
23 the initial entry into a profession, occupation, business,
24 industry, or trade by a periodic review and termination,
25 modification, or continuation of the profession, occupation,
26 business, industry, or trade.
27 (Source: P.A. 81-999.)
28 (5 ILCS 80/4) (from Ch. 127, par. 1904)
29 Sec. 4. Repealers. Each Act listed in the Sections
30 following this Section and preceding Section 5 is repealed on
31 the date indicated, unless prior to that date the General
32 Assembly enacts legislation providing for the continuation of
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1 the agency or program affected by the repealer.
2 (Source: P.A. 88-670, eff. 12-2-94.)
3 (5 ILCS 80/5) (from Ch. 127, par. 1905)
4 Sec. 5. Study and report. The Bureau of the Budget
5 shall study the performance of each regulatory agency and
6 program scheduled for termination under this Act and report
7 annually to the Governor the results of such study, including
8 in the report recommendations with respect to those agencies
9 and programs the Bureau of the Budget determines should be
10 terminated or continued by the State. The Governor shall
11 review the report of the Bureau of the Budget and in each
12 even-numbered year make recommendations to the General
13 Assembly on the termination or continuation of regulatory
14 agencies and programs. The Governor's recommendations shall
15 be made a part of the State budget submitted to the General
16 Assembly in even-numbered years.
17 (Source: P.A. 81-999.)
18 (5 ILCS 80/6) (from Ch. 127, par. 1906)
19 Sec. 6. Factors to be studied. In conducting the study
20 required under Section 5, the Bureau of the Budget shall
21 consider, but is not limited to consideration of, the
22 following factors in determining whether an agency or program
23 should be recommended for termination or continuation:
24 (1) The extent to which the agency or program has
25 permitted qualified applicants to serve the public;
26 (2) The extent to which the trade, business,
27 profession, occupation or industry being regulated is
28 being administered in a nondiscriminatory manner both in
29 terms of employment and the rendering of services;
30 (3) The extent to which the regulatory agency or
31 program has operated in the public interest, and the
32 extent to which its operation has been impeded or
HB0370 Engrossed -4- LRB9000273EGfg
1 enhanced by existing statutes, procedures, and practices
2 of any other department of State government, and any
3 other circumstances, including budgetary, resource, and
4 personnel matters;
5 (4) The extent to which the agency running the
6 program has recommended statutory changes to the General
7 Assembly that which would benefit the public as opposed
8 to the persons it regulates;
9 (5) The extent to which the agency or program has
10 required the persons it regulates to report to it
11 concerning the impact of rules and decisions of the
12 agency or the impact of the program on the public
13 regarding improved service, economy of service, and
14 availability of service;
15 (6) The extent to which persons regulated by the
16 agency or under the program have been required to assess
17 problems in their industry that which affect the public;
18 (7) The extent to which the agency or program has
19 encouraged participation by the public in making its
20 rules and decisions as opposed to participation solely by
21 the persons it regulates and the extent to which such
22 rules and decisions are consistent with statutory
23 authority;
24 (8) The efficiency with which formal public
25 complaints filed with the regulatory agency or under the
26 program concerning persons subject to regulation have
27 been processed to completion, by the executive director
28 of the regulatory agencies or programs, by the Attorney
29 General and by any other applicable department of State
30 government; and
31 (9) The extent to which changes are necessary in
32 the enabling laws of the agency or program to adequately
33 comply with the factors listed in this Section.
34 (Source: P.A. 81-999.)
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1 (5 ILCS 80/7) (from Ch. 127, par. 1907)
2 Sec. 7. Additional criteria. In determining whether to
3 recommend to the General Assembly under Section 5 the
4 continuation of a regulatory agency or program or any
5 function thereof, the Governor shall also consider the
6 following criteria:
7 (1) whether the absence of regulation would
8 significantly harm or endanger the public health, safety or
9 welfare;
10 (2) whether there is a reasonable relationship between
11 the exercise of the State's police power and the protection
12 of the public health, safety or welfare;
13 (3) whether there is another less restrictive method of
14 regulation available which could adequately protect the
15 public;
16 (4) whether the regulation has the effect of directly or
17 indirectly increasing the costs of any goods or services
18 involved, and if so, to what degree;
19 (5) whether the increase in cost is more harmful to the
20 public than the harm which could result from the absence of
21 regulation; and
22 (6) whether all facets of the regulatory process are
23 designed solely for the purpose of, and have as their primary
24 affect, the protection of the public.
25 (Source: P.A. 81-999.)
26 (5 ILCS 80/4.1 rep.)
27 (5 ILCS 80/4.2 rep.)
28 (5 ILCS 80/4.3 rep.)
29 (5 ILCS 80/4.4 rep.)
30 (5 ILCS 80/4.4A rep.)
31 (5 ILCS 80/4.5 rep.)
32 (5 ILCS 80/4.6 rep.)
33 (5 ILCS 80/4.8a rep.)
HB0370 Engrossed -6- LRB9000273EGfg
1 (5 ILCS 80/13 rep.)
2 Section 10. The Regulatory Agency Sunset Act is amended
3 by repealing Sections 4.1, 4.2, 4.3, 4.4, 4.4A, 4.5, 4.6,
4 4.8a, and 13.