Illinois General Assembly - Illinois Compiled Statutes

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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.)