Bill Text: IL HB3319 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Right to Earn a Living Act. Defines "entry regulations", "public service restrictions", and other terms. Provides that all entry regulations with respect to businesses and professions and all public service restrictions shall be limited to those demonstrably necessary and carefully tailored to fulfill legitimate public health, safety, or welfare objectives. Provides that within one year after the effective date of the Act, all agencies shall conduct a comprehensive review of all entry regulations within their jurisdictions, and for each such entry regulation it shall: (i) articulate with specificity the public health, safety, or welfare objective or objectives served by the regulation; and (ii) articulate the reason or reasons why the regulation is necessary to serve the specified objective or objectives. Provides that any person may petition any agency to repeal or modify any entry regulation into a business or profession within its jurisdiction. Requires the agency, within 90 days after a petition has been filed, to either repeal the entry regulation, modify the regulation to achieve standards specified under the Act, or state the basis on which it concludes the regulation conforms with those standards. Contains provisions concerning enforcement and the preemption of local laws inconsistent with the provisions of the Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3319 Detail]

Download: Illinois-2017-HB3319-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3319 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED:
New Act
Creates the Right to Earn a Living Act. Defines "entry regulations", "public service restrictions", and other terms. Provides that all entry regulations with respect to businesses and professions and all public service restrictions shall be limited to those demonstrably necessary and carefully tailored to fulfill legitimate public health, safety, or welfare objectives. Provides that within one year after the effective date of the Act, all agencies shall conduct a comprehensive review of all entry regulations within their jurisdictions, and for each such entry regulation it shall: (i) articulate with specificity the public health, safety, or welfare objective or objectives served by the regulation; and (ii) articulate the reason or reasons why the regulation is necessary to serve the specified objective or objectives. Provides that any person may petition any agency to repeal or modify any entry regulation into a business or profession within its jurisdiction. Requires the agency, within 90 days after a petition has been filed, to either repeal the entry regulation, modify the regulation to achieve standards specified under the Act, or state the basis on which it concludes the regulation conforms with those standards. Contains provisions concerning enforcement and the preemption of local laws inconsistent with the provisions of the Act.
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FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Right
to Earn a Living Act.
Section 5. Statement of legislative findings and purposes.
The General Assembly hereby finds and declares that:
(a) The right of individuals to pursue a chosen business or
profession, free from arbitrary or excessive government
interference, is a fundamental civil right.
(b) The freedom to earn an honest living has traditionally
provided the surest means for economic mobility.
(c) In recent years, many regulations of entry into
businesses and professions have exceeded legitimate public
purposes and have had the effect of arbitrarily limiting entry
and reducing competition.
(d) The burden of excessive regulation is borne most
heavily by individuals outside the economic mainstream, for
whom opportunities for economic advancement are curtailed.
(e) It is in the public interest:
(1) to ensure the right of all individuals to pursue
legitimate entrepreneurial and professional opportunities
to the limits of their talent and ambition;

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(2) to provide the means for the vindication of this
right; and
(3) to ensure that regulations of entry into businesses
and professions are demonstrably necessary and carefully
tailored to legitimate health, safety, and welfare
objectives.
Section 10. Definitions. As used in this Act:
"Agency" means the State, all units of State government,
any county, city, town, or political subdivision of this State,
and any branch, department, division, office, or agency of
State or local government.
"Entry regulations" means any law, ordinance, regulation,
rule, policy, fee, condition, test, permit, administrative
practice, or other provision relating to a market or the
opportunity to engage in any occupation or profession.
"Public service restrictions" means any law, ordinance,
regulation, rule, policy, fee, condition, test, permit, or
other administrative practice, with or without the support of
public subsidy or user fees.
"Welfare" means the protection of members of the public
against fraud or harm. "Welfare" does not include the
protection of existing businesses or agencies, whether
publicly or privately owned, against competition.
"Subsidy" means taxes, grants, user fees, or any other
funds received by or on behalf of an agency.

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Section 15. Limitation on entry regulations. All entry
regulations with respect to businesses and professions shall be
limited to those demonstrably necessary and carefully tailored
to fulfill legitimate public health, safety, or welfare
objectives.
Section 20. Limitation on public service restrictions. All
public service restrictions shall be limited to those
demonstrably necessary and carefully tailored to fulfill
legitimate public health, safety, or welfare objectives.
Section 25. Elimination of entry regulations.
(a) Within one year after the effective date of this Act,
each agency shall conduct a comprehensive review of all entry
regulations within its jurisdiction and for each such entry
regulation it shall:
(1) articulate with specificity the public health,
safety, or welfare objective or objectives served by the
regulation; and
(2) articulate the reason or reasons why the regulation
is necessary to serve the specified objective or
objectives.
(b) To the extent the agency finds any regulation that does
not satisfy the standard set forth in Section 15, it shall:
(1) repeal the entry regulation or modify the entry

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regulation to conform with the standard of Section 15 if
such action is not within the agency's authority to do so;
or
(2) recommend to the General Assembly actions
necessary to repeal or modify the entry regulation to
conform to the standard of Section 15 if such action is not
within the agency's authority.
(c) Within 15 months after the effective date of this Act,
each agency shall report to the General Assembly on all actions
taken to conform with this Section.
Section 30. Administrative proceedings.
(a) Any person may petition any agency to repeal or modify
any entry regulation into a business or profession within its
jurisdiction.
(b) Within 90 days of a petition filed under subsection
(a), the agency shall either repeal the entry regulation,
modify the regulation to achieve the standard set forth in
Section 15, or state the basis on which it concludes the
regulation conforms with the standard set forth in Section 15.
(c) Any person may petition any agency to repeal or modify
a public service restriction within its jurisdiction.
(d) Within 90 days of a petition filed under subsection
(c), the agency shall state the basis on which it concludes the
public service restriction conforms with the standard set forth
in Section 20.

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Section 35. Enforcement.
(a) Any time after 90 days following a petition filed
pursuant to Section 25 that has not been favorably acted upon
by the agency, the person filing a petition challenging an
entry regulation or public service restriction may file an
action in a court of general jurisdiction.
(b) With respect to the challenge of an entry regulation,
the plaintiff shall prevail if the court finds by a
preponderance of evidence that the challenged entry regulation
on its face or in its effect burdens the creation of a
business, the entry of a business into a particular market, or
entry into a profession or occupation; and either:
(1) the challenged entry regulation is not
demonstrably necessary and carefully tailored to fulfill
legitimate public health, safety, or welfare objectives;
or
(2) if the challenged entry regulation is necessary to
the legitimate public health, safety, or welfare
objectives, such objectives can be effectively served by
regulations less burdensome to economic opportunity.
(c) With respect to the challenge of a public service
restriction, the plaintiff shall prevail if the court finds by
a preponderance of the evidence that on its face or in its
effect either:
(1) the challenged public service restriction is not

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demonstrably necessary and carefully tailored to fulfill
legitimate public health, safety, or welfare objectives;
or
(2) if the challenged public service restriction is
necessary to fulfill legitimate public health, safety, or
welfare objectives, such objectives can be effectively
served by restrictions that allow greater private
participation.
(d) Upon a finding for the plaintiff, the court shall
enjoin further enforcement of the challenged entry regulation
or public service restriction, and shall award reasonable
attorney's fees and costs to the plaintiff.
Section 40. State preemption of inconsistent local laws.
The right of individuals to pursue a chosen business or
profession is a matter of statewide concern and is not subject
to further inconsistent regulation by a county, city, town, or
other political subdivision of this State. This Act preempts
all inconsistent rules, regulations, codes, ordinances, and
other laws adopted by a county, city, town, or other political
subdivision of this State regarding the right of individuals to
pursue a chosen business or profession. A home rule unit may
not regulate an individual's entry into a business or
profession in a manner inconsistent with this Act. This Section
is a limitation under subsection (i) of Section 6 of Article
VII of the Illinois Constitution on the concurrent exercise by

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home rule units of powers and functions exercised by the State.