(5 ILCS 80/2)
(from Ch. 127, par. 1902)
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 the competitive market.
(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. 90-580, eff. 5-21-98.)
(5 ILCS 80/3)
(from Ch. 127, par. 1903)
As used in this Act, unless the context clearly
"Regulatory agency" or "agency" means any arm, branch, department, board,
committee or commission of State government that licenses, supervises,
control over, or issues rules regarding, or otherwise regulates any trade,
industry or profession.
"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.
(Source: P.A. 90-580, eff. 5-21-98.)
(5 ILCS 80/4.34)
Acts and Section repealed on January 1, 2024.
The following Acts and
Section of an Act are repealed
on January 1, 2024:
The Electrologist Licensing Act.
The Illinois Certified Shorthand Reporters Act of
The Illinois Occupational Therapy Practice Act.
The Illinois Public Accounting Act.
The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004.
The Registered Surgical Assistant and Registered
Surgical Technologist Title Protection Act.
Section 2.5 of the Illinois Plumbing License Law.
The Veterinary Medicine and Surgery Practice Act of
(Source: P.A. 98-140, eff. 12-31-13; 98-253, eff. 8-9-13; 98-254, eff. 8-9-13; 98-264, eff. 12-31-13; 98-339, eff. 12-31-13; 98-363, eff. 8-16-13; 98-364, eff. 12-31-13; 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)
(5 ILCS 80/4.36)
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)
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, VIIB, VIIC, XVII, XXXI,
XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
The Boiler and Pressure Vessel Repairer Regulation Act.
The Marriage and Family Therapy Licensing Act.
(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16; 99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff. 8-18-17; 100-372, eff. 8-25-17.)
(5 ILCS 80/6)
(from Ch. 127, par. 1906)
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 or continuation:
(1) the extent to which the agency or program has
permitted qualified applicants to serve the public;
(2) the extent to which the trade, business,
profession, occupation or industry being regulated is being administered in a nondiscriminatory manner both in terms of employment and the rendering of services;
(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; and
(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.
(Source: P.A. 94-793, eff. 5-19-06
(5 ILCS 80/7)
(from Ch. 127, par. 1907)
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
(1) whether the absence 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.
(Source: P.A. 97-813, eff. 7-13-12.)