Bill Text: IL HB3422 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that the Department of Professional and Financial Regulation shall conduct a review of each license, certification, or other authority issued or conferred by the Department, including any costs and fees associated with such authorities. Provides that the Department shall create a report based on this review and deliver the report to the General Assembly no later than 12 months prior to the termination of the relevant licensing Act under the Regulatory Sunset Act. Sets forth requirements for the report. Provides that the Department shall conduct a review of each potential new Department license, certification, or authority, including any costs and fees associated with the potential new program. Provides that the Department shall create a report based on this review and deliver the report to the General Assembly no later than 30 days after the filing date of the bill in which the license, certification, or authority is proposed. Sets forth requirements for the report. Provides that the Department shall complete a review and report for any license, certification, or authority reviewed which becomes law 24 months after the effective date of the bill in which the license, certification, or authority was proposed and shall subsequently conduct review and reporting duties according to the provided schedule. Provides that nothing in the amendatory provisions shall be construed to prevent the Department from conducting a review or publishing and delivering a report prior to the filing date of a piece of legislation if the Department reasonably believes a new license, certification, or authority is necessary to meet a demonstrated public safety or welfare interest or the Department has received requests to regulate a previously unregulated profession

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-07 - Filed with the Clerk by Rep. Tony M. McCombie [HB3422 Detail]

Download: Illinois-2025-HB3422-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3422 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
20 ILCS 2105/2105-410 new
Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that the Department of Professional and Financial Regulation shall conduct a review of each license, certification, or other authority issued or conferred by the Department, including any costs and fees associated with such authorities. Provides that the Department shall create a report based on this review and deliver the report to the General Assembly no later than 12 months prior to the termination of the relevant licensing Act under the Regulatory Sunset Act. Sets forth requirements for the report. Provides that the Department shall conduct a review of each potential new Department license, certification, or authority, including any costs and fees associated with the potential new program. Provides that the Department shall create a report based on this review and deliver the report to the General Assembly no later than 30 days after the filing date of the bill in which the license, certification, or authority is proposed. Sets forth requirements for the report. Provides that the Department shall complete a review and report for any license, certification, or authority reviewed which becomes law 24 months after the effective date of the bill in which the license, certification, or authority was proposed and shall subsequently conduct review and reporting duties according to the provided schedule. Provides that nothing in the amendatory provisions shall be construed to prevent the Department from conducting a review or publishing and delivering a report prior to the filing date of a piece of legislation if the Department reasonably believes a new license, certification, or authority is necessary to meet a demonstrated public safety or welfare interest or the Department has received requests to regulate a previously unregulated profession
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
adding Section 2105-410 as follows:
(20 ILCS 2105/2105-410 new)
Sec. 2105-410. Department licensure report.
(a) The Department shall conduct a review of each license,
certification, or other authority issued or conferred by the
Department, including any costs and fees associated with such
authorities. The Department shall create a report based on
this review and deliver said report to the General Assembly no
later than 12 months prior to termination of the relevant
licensing Act under the Regulatory Sunset Act. The report
shall be publicly published on the Department's website no
later than 30 days prior to the date the report is delivered to
the General Assembly. The report shall include, but is not
limited to, the following recommendations and any data,
assumptions, or other analysis utilized to make each
recommendation:
(1) whether the license, certification, or other
authority is necessary to meet a demonstrated public

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safety or welfare interest;
(2) whether the conditions that led to the initial
creation of the license, certification, or other authority
have changed and whether other conditions have arisen that
would warrant more, less, or the same degree of regulation
and oversight;
(3) if the license, certification, or other authority
is necessary, whether the existing rules and regulations
establish the least restrictive form of governmental
regulation and oversight consistent with the demonstrated
public interest, considering other available regulatory
mechanisms;
(4) if the license, certification, or other authority
is necessary, whether Department rules pertaining to the
license, certification, or other authority enhance the
demonstrated public interest and are within the scope of
legislative intent;
(5) the economic impact of the license, certification,
or other authority and, if national economic information
is not available, whether the license, certification, or
other authority stimulates or restricts competition;
(6) the budget and administration of the program,
including, but not limited to:
(A) the adequacy of current staffing levels;
(B) the cost of required and current staffing
levels to meet the needs of the issuance and

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disciplinary process;
(C) the adequacy of current physical, software,
and technical resources;
(D) the cost of required and current physical,
software, and technical resources;
(E) the speed of application processing and
issuance for both original licenses and renewals;
(F) the cost of application processing; and
(G) the necessity, efficiency and efficacy of
disciplinary procedures; and
(H) the cost of disciplinary action;
(7) whether complaint, investigation, and disciplinary
procedures adequately protect the public and whether final
dispositions of complaints are in the demonstrated public
interest or self-serving to the profession or regulated
entity;
(8) whether the scope of practice of the regulated
occupation or profession contributes to the optimum use of
personnel;
(9) whether the regulation and administration of the
license, certification, or other authority include
numerous stakeholders and the public to ensure fairness;
(10) whether fees associated with the license,
certification, or other authority are fair, taking into
consideration factor that include, but are not limited to:
(A) the average annual income of an applicant;

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(B) the average annual income of a person in the
occupation or profession;
(C) the cost of education and other requirements
necessary to perform the services and duties of the
occupation or profession;
(D) the cost to the Department of administering
the program; and
(E) if fees are not fair, what a fair fee would
look like;
(11) whether the current number of training, education
and, continuing education days are only those demonstrably
necessary to protect health and safety;
(12) whether the Department imposes any sanctions or
disqualifications on applicants based on past criminal
history and, if so, whether the sanctions or
disqualifications serve a public safety or commercial or
consumer protection interest, including data on the
following:
(A) the number of applications that the Department
denied based on an applicant's criminal history and
the criminal offenses that led to the
disqualification;
(B) the number of licenses, certifications, or
other authorities issued based upon an applicant's
criminal history; and
(C) the number of licenses, certifications, or

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other authorities revoked or suspended based on an
individual's criminal conduct and the criminal
offenses that led to the sanction; and
(13) whether administrative and statutory changes are
necessary to improve agency operations to enhance the
public interest or to ensure that the standards for
applicants are not vague and are consistent with the
demonstrated public safety or welfare interest
necessitating the regulation.
Nothing in this subsection (a) shall be construed to
prevent the Department from conducting a review or publishing
and delivering a report prior to 12 months before the
termination of a licensing Act under the Regulatory Sunset Act
if the Secretary reasonably believes a different level of
regulation is the least restrictive necessary to meet the
demonstrated public safety or welfare interest or the
Department has received requests to alter the current level of
regulation.
(b) Notwithstanding any Section of this Act, the
Department shall conduct a review of each potential new
Department license, certification, or authority, including any
costs and fees associated with the potential new authority.
The Department shall create a new license, certification, or
authority report based on this review and deliver the report
to the General Assembly no later than 30 days after the filing
date of the bill in which the license, certification, or

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authority is proposed. The report must be published on the
Department's website no later than the date the report is
delivered to the General Assembly. The report shall include,
but is not limited to, the following recommendations and any
data, assumptions or other analysis utilized to make each
recommendation:
(1) whether the license, certification, or authority
is necessary to meet a demonstrated public safety or
welfare interest;
(2) the conditions that led to the proposal of the
license, certification, or authority and whether other
conditions have arisen that would warrant more, less, or
the same degree of regulation and oversight as that
proposed;
(3) whether the proposed license, certification, or
authority establishes the least restrictive form of
governmental regulation and oversight consistent with the
demonstrated public interest, considering other available
regulatory mechanisms;
(4) if the license, certification, or authority is
necessary, potential Department rules pertaining to the
license, certification, or authority and how these rules
would enhance the demonstrated public interest and are
within the scope of legislative intent;
(5) the estimated economic impact of the license,
certification, or authority and, if national economic

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information is not available, whether the license,
certification, or authority stimulates or restricts
competition;
(6) the budget and administration constraints of the
license, certification, or authority, including, but not
limited to:
(A) the adequacy of current staffing levels to
administer the license, certification, or authority;
(B) the cost of maintaining appropriate staffing
levels to meet the needs of the issuance and
disciplinary process;
(C) the adequacy of current physical, software,
and technical resources;
(D) the cost of additional physical, software, and
technical resources, if necessary;
(E) the anticipated cost of license,
certification, or authority application processing;
and
(F) the anticipated cost of license,
certification, or authority disciplinary procedure;
(7) whether proposed complaint, investigation, and
disciplinary procedures adequately protect the public and
the potential methods of evaluating whether final
dispositions of complaints are in the demonstrated public
interest or self-serving to the profession or regulated
entity;

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(8) whether the proposed scope of practice of the
regulated occupation or profession contributes to the
optimum use of personnel;
(9) whether the regulation and administration of the
license, certification, or authority as presented in the
bill include input from numerous stakeholders and the
public to ensure fairness, or, if such inclusion may be
facilitated by Department rulemaking, what type of rules
would ensure such inclusion;
(10) if a fee amount is proposed in the bill, whether
fees associated with the license, certification, or
authority are fair, taking into consideration factors that
include, but are not limited to, the following:
(A) the average annual income of an applicant;
(B) the average annual income of a person in the
occupation or profession;
(C) the cost of education and other requirements
necessary to perform the services and duties of the
occupation or profession;
(D) the cost to the Department of administering
the license, certification, or authority; and
(E) if fees are left to the discretion of the
Department, an estimate of a fair fee;
(11) whether the proposed number of training,
education, and continuing education days, if any, are only
demonstrably necessary to protect health and safety. If no

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number of training, education, or continuing education
days are proposed, a Department estimate thereof;
(12) whether the Department, through the license,
certification, or authority proposed, would impose any
sanctions or disqualifications on applicants based on past
criminal history and, if so, whether the sanctions or
disqualifications proposed serve a public safety or
commercial or consumer protection interest; and
(13) whether changes to the bill language are
necessary to improve Department operations to enhance the
demonstrated public interest or to ensure license,
certification, or authority standards for all applicants
are not vague and are consistent with the demonstrated
public safety or welfare interest necessitating the
regulation and suggested language making the changes.
The Department shall complete a review and report under
subsection (a) of this Section for any license, certification,
or authority reviewed under this subsection (b) which becomes
law 24 months after the license, certification or authority's
effective date and shall subsequently conduct review and
reporting duties under subsection (a) according to the
specified schedule.
Nothing in this subsection (b) shall be construed to
prevent the Department from conducting a review or publishing
and delivering a report prior to the filing date of a piece of
legislation if the Secretary reasonably believes a new

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license, certification, or authority is necessary to meet a
demonstrated public safety or welfare interest or the
Department has received requests to regulate a previously
unregulated profession.