REGULATORY SUNSET REPORTS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3431

Introduced 2/4/2026, by Sen. Chris Balkema

SYNOPSIS AS INTRODUCED:

5 ILCS 80/5

from Ch. 127, par. 1905
5 ILCS 80/6

from Ch. 127, par. 1906

Amends the Regulatory Sunset Act. Provides that, in the calendar year
2 years before a regulatory agency or program is scheduled for termination
(rather than annually), the Governor's Office of Management and Budget
shall study the performance of each regulatory agency and program
scheduled for termination under the Act and report to the Governor the
results of the study. Requires the Governor to review the report of the
Governor's Office of Management and Budget and, no later than December 1st
of the year preceding the year of termination (rather than in each
even-numbered year), make recommendations to the General Assembly on the
termination, modification, or continuation of regulatory agencies and
programs.
LRB104 19480 BDA 32928 b

A BILL FOR

SB3431
LRB104 19480 BDA 32928 b
1

AN ACT concerning government.

2

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

4

Section 5.
The Regulatory Sunset Act is amended by
5
changing Sections 5 and 6 as follows:

6

(5 ILCS 80/5)

(from Ch. 127, par. 1905)
7

Sec. 5.
Study and report.
In the calendar year 2 years
8
before a regulatory agency or program is scheduled for
9
termination, the

The
Governor's Office of Management and
10
Budget shall study the performance of each regulatory agency
11
and program scheduled for termination under this Act and
12
report
annually
to the Governor the results of such study,
13
including in the report an analysis of whether the agency or
14
program restricts a profession, occupation, business,
15
industry, or trade any more than is necessary to protect the
16
public health, safety, or welfare from significant and
17
discernible harm or damage, and recommendations with respect
18
to those agencies and programs the Governor's Office of
19
Management and Budget determines should be terminated,
20
modified, or continued by the State. The Governor shall review
21
the report of the Governor's Office of Management and Budget
22
and
, no later than December 1st of the year preceding the year
23
of termination,

in each even-numbered year
make

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LRB104 19480 BDA 32928 b
1
recommendations to the General Assembly on the termination,
2
modification, or continuation of regulatory agencies and
3
programs.
4
(Source: P.A. 102-984, eff. 1-1-23
.)

5

(5 ILCS 80/6)

(from Ch. 127, par. 1906)
6

Sec. 6.
Factors to be studied.
In conducting the study
7
required under Section 5, the Governor's Office of Management
8
and Budget shall consider, but is not limited to consideration
9
of, the following factors in determining whether an agency or
10
program should be recommended for termination, modification,
11
or continuation:
12

(1) the full range and variety of practices and
13

activities included in the scope of practice covered by
14

the agency or program, including modes of practice or
15

subspecialties that have developed since the last review;
16

(1.5) the extent to which the profession, occupation,
17

business, industry, or trade licensed, supervised,
18

controlled, issued rules, or otherwise regulated by the
19

agency or program is restricted in other states or
20

territories;

21

(2) (blank);
22

(3) the extent to which the regulatory agency or
23

program has operated in the public interest, and the
24

extent to which its operation has been impeded or enhanced
25

by existing statutes, procedures, and practices of any

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1

other department of State government, and any other
2

circumstances, including budgetary, resource, and
3

personnel matters;
4

(4) the extent to which the agency running the program
5

has recommended statutory changes to the General Assembly
6

that would benefit the public as opposed to the persons it
7

regulates;
8

(5) the extent to which the agency or program has
9

required the persons it regulates to report to it
10

concerning the impact of rules and decisions of the agency
11

or the impact of the program on the public regarding
12

improved service, economy of service, and availability of
13

service;
14

(6) the extent to which persons regulated by the
15

agency or under the program have been required to assess
16

problems in their industry that affect the public;
17

(7) the extent to which the agency or program has
18

encouraged participation by the public in making its rules
19

and decisions as opposed to participation solely by the
20

persons it regulates and the extent to which such rules
21

and decisions are consistent with statutory authority;
22

(8) the efficiency with which formal public complaints
23

filed with the regulatory agency or under the program
24

concerning persons subject to regulation have been
25

processed to completion, by the executive director of the
26

regulatory agencies or programs, by the Attorney General

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and by any other applicable department of State
2

government;
3

(9) the extent to which changes are necessary in the
4

enabling laws of the agency or program to adequately
5

comply with the factors listed in this Section;
6

(10) the extent to which there is evidence of
7

significant and discernible harm arising from the full
8

range and variety of practices and activities included in
9

the scope of practice;
10

(11) the substance, content, and relevance of the
11

personal qualifications required for entry into the trade,
12

business, profession, occupation, or industry being
13

regulated, including, but not limited to, as required
14

hours of training, required curricula during the required
15

hours, knowledge areas tested in examinations, and any
16

updates that have been made since the last review to
17

address changes in technology or modes of practice;
18

(12) the extent to which all the personal
19

qualifications that the agency or program requires for
20

individuals to enter the trade, business, profession,
21

occupation, or industry being regulated are necessary to
22

protect the public from significant and discernible harm,
23

for all activities covered by the scope of practice;
24

(13) equity concerns arising from the personal
25

qualifications, including:
26

(A) financial impact on aspiring licensees,

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1

including, but not limited to, (i) itemization of
2

average costs of achieving personal qualifications;
3

(ii) an assessment of average incomes of licensees;
4

and (iii) numbers, monetary loss, and demographics of
5

individuals who start but do not achieve personal
6

qualifications or complete the application process;
7

(B) challenges for individuals from historically
8

disadvantaged backgrounds in acquiring personal
9

qualifications;
10

(C) barriers for individuals with records of
11

interactions with the criminal justice system;
12

(D) evidence of challenges for individuals who do
13

not speak English as their primary language; and
14

(E) geographic distribution of training sites and
15

test sites; and
16

(14) the extent to which enforcement actions under the
17

agency or program have addressed significant and
18

discernible harms to the public as opposed to technical
19

noncompliance with the requirements of the agency or
20

program.
21
(Source: P.A. 102-984, eff. 1-1-23
.)

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