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90_HB2590ham002
LRB9008985ACsbam02
1 AMENDMENT TO HOUSE BILL 2590
2 AMENDMENT NO. . Amend House Bill 2590 by inserting
3 immediately below the enacting clause the following:
4 "Section 2. The Regulatory Agency Sunset Act is amended
5 by changing Sections 1, 2, 3, 4, 5, 6, and 7 as follows:
6 (5 ILCS 80/1) (from Ch. 127, par. 1901)
7 Sec. 1. This Act shall be known and may be cited as the
8 "Regulatory Agency Sunset Act".
9 (Source: P.A. 81-999.)
10 (5 ILCS 80/2) (from Ch. 127, par. 1902)
11 Sec. 2. Findings and intent.
12 (a) The General Assembly finds that State government
13 actions have produced a substantial increase in numbers of
14 agencies, growth of programs and proliferation of rules and
15 regulations and that the whole process developed without
16 sufficient legislative oversight, regulatory accountability
17 or a system of checks and balances. The General Assembly
18 further finds that by establishing a system for the
19 termination or continuation of such agencies and programs, it
20 will be in a better position to evaluate the need for the
21 continued existence of present and future regulatory bodies.
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1 (b) It is the intent of the General Assembly:
2 (1) That no profession, occupation, business,
3 industry or trade shall be subject to the State's
4 regulatory power unless the exercise of such power is
5 necessary to protect the public health, safety or welfare
6 from significant and discernible harm or damage. The
7 exercise of the State's police power shall be done only
8 to the extent necessary for that purpose.
9 (2) That the State shall not regulate a profession,
10 occupation, industry, business or trade in a manner which
11 will unreasonably and adversely affect the competitive
12 market.
13 (3) To provide systematic legislative review of the
14 need for, and public benefits derived from, a program or
15 function that which licenses or otherwise regulates the
16 initial entry into a profession, occupation, business,
17 industry or trade by a periodic review and termination,
18 modification, or continuation of those such programs and
19 functions.
20 (Source: P.A. 81-999.)
21 (5 ILCS 80/3) (from Ch. 127, par. 1903)
22 Sec. 3. Definitions. As used in this Act, unless the
23 context clearly requires otherwise:,
24 "Regulatory agency" or "agency" means any arm, branch,
25 department, board, committee or commission of State
26 government that licenses, supervises, exercises control over,
27 or issues rules regarding, or otherwise regulates any trade,
28 occupation, business, industry or profession.
29 "Program" means a system to license or otherwise regulate
30 the initial entry into a profession, occupation, business,
31 industry, or trade by a periodic review and termination,
32 modification, or continuation of the profession, occupation,
33 business, industry, or trade.
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1 (Source: P.A. 81-999.)
2 (5 ILCS 80/4) (from Ch. 127, par. 1904)
3 Sec. 4. Repealers. Each Act listed in the Sections
4 following this Section and preceding Section 5 is repealed on
5 the date indicated, unless prior to that date the General
6 Assembly enacts legislation providing for the continuation of
7 the agency or program affected by the repealer.
8 (Source: P.A. 88-670, eff. 12-2-94.)
9 (5 ILCS 80/5) (from Ch. 127, par. 1905)
10 Sec. 5. Study and report. The Bureau of the Budget
11 shall study the performance of each regulatory agency and
12 program scheduled for termination under this Act and report
13 annually to the Governor the results of such study, including
14 in the report recommendations with respect to those agencies
15 and programs the Bureau of the Budget determines should be
16 terminated or continued by the State. The Governor shall
17 review the report of the Bureau of the Budget and in each
18 even-numbered year make recommendations to the General
19 Assembly on the termination or continuation of regulatory
20 agencies and programs. The Governor's recommendations shall
21 be made a part of the State budget submitted to the General
22 Assembly in even-numbered years.
23 (Source: P.A. 81-999.)
24 (5 ILCS 80/6) (from Ch. 127, par. 1906)
25 Sec. 6. Factors to be studied. In conducting the study
26 required under Section 5, the Bureau of the Budget shall
27 consider, but is not limited to consideration of, the
28 following factors in determining whether an agency or program
29 should be recommended for termination or continuation:
30 (1) The extent to which the agency or program has
31 permitted qualified applicants to serve the public;
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1 (2) The extent to which the trade, business,
2 profession, occupation or industry being regulated is
3 being administered in a nondiscriminatory manner both in
4 terms of employment and the rendering of services;
5 (3) The extent to which the regulatory agency or
6 program has operated in the public interest, and the
7 extent to which its operation has been impeded or
8 enhanced by existing statutes, procedures, and practices
9 of any other department of State government, and any
10 other circumstances, including budgetary, resource, and
11 personnel matters;
12 (4) The extent to which the agency running the
13 program has recommended statutory changes to the General
14 Assembly that which would benefit the public as opposed
15 to the persons it regulates;
16 (5) The extent to which the agency or program has
17 required the persons it regulates to report to it
18 concerning the impact of rules and decisions of the
19 agency or the impact of the program on the public
20 regarding improved service, economy of service, and
21 availability of service;
22 (6) The extent to which persons regulated by the
23 agency or under the program have been required to assess
24 problems in their industry that which affect the public;
25 (7) The extent to which the agency or program has
26 encouraged participation by the public in making its
27 rules and decisions as opposed to participation solely by
28 the persons it regulates and the extent to which such
29 rules and decisions are consistent with statutory
30 authority;
31 (8) The efficiency with which formal public
32 complaints filed with the regulatory agency or under the
33 program concerning persons subject to regulation have
34 been processed to completion, by the executive director
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1 of the regulatory agencies or programs, by the Attorney
2 General and by any other applicable department of State
3 government; and
4 (9) The extent to which changes are necessary in
5 the enabling laws of the agency or program to adequately
6 comply with the factors listed in this Section.
7 (Source: P.A. 81-999.)
8 (5 ILCS 80/7) (from Ch. 127, par. 1907)
9 Sec. 7. Additional criteria. In determining whether to
10 recommend to the General Assembly under Section 5 the
11 continuation of a regulatory agency or program or any
12 function thereof, the Governor shall also consider the
13 following criteria:
14 (1) whether the absence of regulation would
15 significantly harm or endanger the public health, safety or
16 welfare;
17 (2) whether there is a reasonable relationship between
18 the exercise of the State's police power and the protection
19 of the public health, safety or welfare;
20 (3) whether there is another less restrictive method of
21 regulation available which could adequately protect the
22 public;
23 (4) whether the regulation has the effect of directly or
24 indirectly increasing the costs of any goods or services
25 involved, and if so, to what degree;
26 (5) whether the increase in cost is more harmful to the
27 public than the harm which could result from the absence of
28 regulation; and
29 (6) whether all facets of the regulatory process are
30 designed solely for the purpose of, and have as their primary
31 affect, the protection of the public.
32 (Source: P.A. 81-999.)
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1 (5 ILCS 80/4.1 rep.)
2 (5 ILCS 80/4.2 rep.)
3 (5 ILCS 80/4.3 rep.)
4 (5 ILCS 80/4.4 rep.)
5 (5 ILCS 80/4.4A rep.)
6 (5 ILCS 80/4.5 rep.)
7 (5 ILCS 80/4.6 rep.)
8 (5 ILCS 80/4.9 rep.)
9 (5 ILCS 80/13 rep.)
10 Section 3. The Regulatory Agency Sunset Act is amended
11 by repealing Sections 4.1, 4.2, 4.3, 4.4, 4.4A, 4.5, 4.6,
12 4.9, and 13.".