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
 
HB3422LRB104 09875 AAS 19943 b


1    AN ACT concerning State government.

2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4    Section 5. The Department of Professional Regulation Law 
5of the Civil Administrative Code of Illinois is amended by 
6adding Section 2105-410 as follows:

7    (20 ILCS 2105/2105-410 new)
8    Sec. 2105-410. Department licensure report.
9    (a) The Department shall conduct a review of each license, 
10certification, or other authority issued or conferred by the 
11Department, including any costs and fees associated with such 
12authorities. The Department shall create a report based on 
13this review and deliver said report to the General Assembly no 
14later than 12 months prior to termination of the relevant 
15licensing Act under the Regulatory Sunset Act. The report 
16shall be publicly published on the Department's website no 
17later than 30 days prior to the date the report is delivered to 
18the General Assembly. The report shall include, but is not 
19limited to, the following recommendations and any data, 
20assumptions, or other analysis utilized to make each 
21recommendation:
22        (1) whether the license, certification, or other 
23 authority is necessary to meet a demonstrated public 
 
 
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1 safety or welfare interest;
2        (2) whether the conditions that led to the initial 
3 creation of the license, certification, or other authority 
4 have changed and whether other conditions have arisen that 
5 would warrant more, less, or the same degree of regulation 
6 and oversight;
7        (3) if the license, certification, or other authority 
8 is necessary, whether the existing rules and regulations 
9 establish the least restrictive form of governmental 
10 regulation and oversight consistent with the demonstrated 
11 public interest, considering other available regulatory 
12 mechanisms;
13        (4) if the license, certification, or other authority 
14 is necessary, whether Department rules pertaining to the 
15 license, certification, or other authority enhance the 
16 demonstrated public interest and are within the scope of 
17 legislative intent;
18        (5) the economic impact of the license, certification, 
19 or other authority and, if national economic information 
20 is not available, whether the license, certification, or 
21 other authority stimulates or restricts competition;
22        (6) the budget and administration of the program, 
23 including, but not limited to:
24            (A) the adequacy of current staffing levels;
25            (B) the cost of required and current staffing 
26 levels to meet the needs of the issuance and 
 
 
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1 disciplinary process;
2            (C) the adequacy of current physical, software, 
3 and technical resources;
4            (D) the cost of required and current physical, 
5 software, and technical resources;
6            (E) the speed of application processing and 
7 issuance for both original licenses and renewals;
8            (F) the cost of application processing; and
9            (G) the necessity, efficiency and efficacy of 
10 disciplinary procedures; and
11            (H) the cost of disciplinary action;
12        (7) whether complaint, investigation, and disciplinary 
13 procedures adequately protect the public and whether final 
14 dispositions of complaints are in the demonstrated public 
15 interest or self-serving to the profession or regulated 
16 entity;
17        (8) whether the scope of practice of the regulated 
18 occupation or profession contributes to the optimum use of 
19 personnel;
20        (9) whether the regulation and administration of the 
21 license, certification, or other authority include 
22 numerous stakeholders and the public to ensure fairness;
23        (10) whether fees associated with the license, 
24 certification, or other authority are fair, taking into 
25 consideration factor that include, but are not limited to:
26            (A) the average annual income of an applicant;
 
 
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1            (B) the average annual income of a person in the 
2 occupation or profession;
3            (C) the cost of education and other requirements 
4 necessary to perform the services and duties of the 
5 occupation or profession;
6            (D) the cost to the Department of administering 
7 the program; and
8            (E) if fees are not fair, what a fair fee would 
9 look like;
10        (11) whether the current number of training, education 
11 and, continuing education days are only those demonstrably 
12 necessary to protect health and safety;
13        (12) whether the Department imposes any sanctions or 
14 disqualifications on applicants based on past criminal 
15 history and, if so, whether the sanctions or 
16 disqualifications serve a public safety or commercial or 
17 consumer protection interest, including data on the 
18 following:
19            (A) the number of applications that the Department 
20 denied based on an applicant's criminal history and 
21 the criminal offenses that led to the 
22 disqualification;
23            (B) the number of licenses, certifications, or 
24 other authorities issued based upon an applicant's 
25 criminal history; and
26            (C) the number of licenses, certifications, or 
 
 
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1 other authorities revoked or suspended based on an 
2 individual's criminal conduct and the criminal 
3 offenses that led to the sanction; and
4        (13) whether administrative and statutory changes are 
5 necessary to improve agency operations to enhance the 
6 public interest or to ensure that the standards for 
7 applicants are not vague and are consistent with the 
8 demonstrated public safety or welfare interest 
9 necessitating the regulation.
10    Nothing in this subsection (a) shall be construed to 
11prevent the Department from conducting a review or publishing 
12and delivering a report prior to 12 months before the 
13termination of a licensing Act under the Regulatory Sunset Act 
14if the Secretary reasonably believes a different level of 
15regulation is the least restrictive necessary to meet the 
16demonstrated public safety or welfare interest or the 
17Department has received requests to alter the current level of 
18regulation.
19    (b) Notwithstanding any Section of this Act, the 
20Department shall conduct a review of each potential new 
21Department license, certification, or authority, including any 
22costs and fees associated with the potential new authority. 
23The Department shall create a new license, certification, or 
24authority report based on this review and deliver the report 
25to the General Assembly no later than 30 days after the filing 
26date of the bill in which the license, certification, or 
 
 
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1authority is proposed. The report must be published on the 
2Department's website no later than the date the report is 
3delivered to the General Assembly. The report shall include, 
4but is not limited to, the following recommendations and any 
5data, assumptions or other analysis utilized to make each 
6recommendation:
7        (1) whether the license, certification, or authority 
8 is necessary to meet a demonstrated public safety or 
9 welfare interest;
10        (2) the conditions that led to the proposal of the 
11 license, certification, or authority and whether other 
12 conditions have arisen that would warrant more, less, or 
13 the same degree of regulation and oversight as that 
14 proposed;
15        (3) whether the proposed license, certification, or 
16 authority establishes the least restrictive form of 
17 governmental regulation and oversight consistent with the 
18 demonstrated public interest, considering other available 
19 regulatory mechanisms;
20        (4) if the license, certification, or authority is 
21 necessary, potential Department rules pertaining to the 
22 license, certification, or authority and how these rules 
23 would enhance the demonstrated public interest and are 
24 within the scope of legislative intent;
25        (5) the estimated economic impact of the license, 
26 certification, or authority and, if national economic 
 
 
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1 information is not available, whether the license, 
2 certification, or authority stimulates or restricts 
3 competition;
4        (6) the budget and administration constraints of the 
5 license, certification, or authority, including, but not 
6 limited to:
7            (A) the adequacy of current staffing levels to 
8 administer the license, certification, or authority;
9            (B) the cost of maintaining appropriate staffing 
10 levels to meet the needs of the issuance and 
11 disciplinary process;
12            (C) the adequacy of current physical, software, 
13 and technical resources;
14            (D) the cost of additional physical, software, and 
15 technical resources, if necessary;
16            (E) the anticipated cost of license, 
17 certification, or authority application processing; 
18 and
19            (F) the anticipated cost of license, 
20 certification, or authority disciplinary procedure;
21        (7) whether proposed complaint, investigation, and 
22 disciplinary procedures adequately protect the public and 
23 the potential methods of evaluating whether final 
24 dispositions of complaints are in the demonstrated public 
25 interest or self-serving to the profession or regulated 
26 entity;
 
 
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1        (8) whether the proposed scope of practice of the 
2 regulated occupation or profession contributes to the 
3 optimum use of personnel;
4        (9) whether the regulation and administration of the 
5 license, certification, or authority as presented in the 
6 bill include input from numerous stakeholders and the 
7 public to ensure fairness, or, if such inclusion may be 
8 facilitated by Department rulemaking, what type of rules 
9 would ensure such inclusion;
10        (10) if a fee amount is proposed in the bill, whether 
11 fees associated with the license, certification, or 
12 authority are fair, taking into consideration factors that 
13 include, but are not limited to, the following:
14            (A) the average annual income of an applicant;
15            (B) the average annual income of a person in the 
16 occupation or profession;
17            (C) the cost of education and other requirements 
18 necessary to perform the services and duties of the 
19 occupation or profession;
20            (D) the cost to the Department of administering 
21 the license, certification, or authority; and
22            (E) if fees are left to the discretion of the 
23 Department, an estimate of a fair fee;
24        (11) whether the proposed number of training, 
25 education, and continuing education days, if any, are only 
26 demonstrably necessary to protect health and safety. If no 
 
 
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1 number of training, education, or continuing education 
2 days are proposed, a Department estimate thereof;
3        (12) whether the Department, through the license, 
4 certification, or authority proposed, would impose any 
5 sanctions or disqualifications on applicants based on past 
6 criminal history and, if so, whether the sanctions or 
7 disqualifications proposed serve a public safety or 
8 commercial or consumer protection interest; and
9        (13) whether changes to the bill language are 
10 necessary to improve Department operations to enhance the 
11 demonstrated public interest or to ensure license, 
12 certification, or authority standards for all applicants 
13 are not vague and are consistent with the demonstrated 
14 public safety or welfare interest necessitating the 
15 regulation and suggested language making the changes.
16    The Department shall complete a review and report under 
17subsection (a) of this Section for any license, certification, 
18or authority reviewed under this subsection (b) which becomes 
19law 24 months after the license, certification or authority's 
20effective date and shall subsequently conduct review and 
21reporting duties under subsection (a) according to the 
22specified schedule.
23    Nothing in this subsection (b) shall be construed to 
24prevent the Department from conducting a review or publishing 
25and delivering a report prior to the filing date of a piece of 
26legislation if the Secretary reasonably believes a new 
 
 
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1license, certification, or authority is necessary to meet a 
2demonstrated public safety or welfare interest or the 
3Department has received requests to regulate a previously 
4unregulated profession.