5 ILCS 80. Regulatory Sunset Act.

    (5 ILCS 80/1) (from Ch. 127, par. 1901)
    Sec. 1. This Act shall be known and may be cited as the Regulatory Sunset Act.
(Source: P.A. 90-580, eff. 5-21-98.)

    (5 ILCS 80/2) (from Ch. 127, par. 1902)
    Sec. 2. 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)
    Sec. 3. Definitions. As used in this Act, unless the context clearly requires otherwise:
    "Regulatory agency" or "agency" means any arm, branch, department, board, committee or commission of State government that licenses, supervises, exercises control over, or issues rules regarding, or otherwise regulates any trade, occupation, business, 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) (from Ch. 127, par. 1904)
    Sec. 4. Repealers. Each Act listed in the Sections following this Section and preceding Section 5 is repealed on the date indicated, unless prior to that date the General Assembly enacts legislation providing for the continuation of the agency or program affected by the repealer.
(Source: P.A. 90-580, eff. 5-21-98.)

    (5 ILCS 80/4.1) (from Ch. 127, par. 1904.1)
    Sec. 4.1. (Repealed).
(Source: P.A. 83-230. Repealed by P.A. 90-580, eff. 5-21-98.)

    (5 ILCS 80/4.2) (from Ch. 127, par. 1904.2)
    Sec. 4.2. (Repealed).
(Source: P.A. 83-1362. Repealed by P.A. 90-580, eff. 5-21-98.)

    (5 ILCS 80/4.3) (from Ch. 127, par. 1904.3)
    Sec. 4.3. (Repealed).
(Source: P.A. 84-1308. Repealed by P.A. 90-580, eff. 5-21-98.)

    (5 ILCS 80/4.4) (from Ch. 127, par. 1904.4)
    Sec. 4.4. (Repealed).
(Source: P.A. 85-1209. Repealed by P.A. 90-580, eff. 5-21-98.)

    (5 ILCS 80/4.4A) (from Ch. 127, par. 1904.4A)
    Sec. 4.4A. (Repealed).
(Source: P.A. 85-1440. Repealed by P.A. 90-580, eff. 5-21-98.)

    (5 ILCS 80/4.5) (from Ch. 127, par. 1904.5)
    Sec. 4.5. (Repealed).
(Source: P.A. 86-925. Repealed by P.A. 90-580, eff. 5-21-98.)

    (5 ILCS 80/4.6) (from Ch. 127, par. 1904.6)
    Sec. 4.6. (Repealed).
(Source: P.A. 87-895. Repealed by P.A. 90-580, eff. 5-21-98.)

    (5 ILCS 80/4.7) (from Ch. 127, par. 1904.7)
    Sec. 4.7. (Repealed).
(Source: Repealed by P.A. 88-670, eff. 12-2-94.)

    (5 ILCS 80/4.8) (from Ch. 127, par. 1904.8)
    Sec. 4.8. (Repealed).
(Source: P.A. 89-387, eff. 8-20-95. Repealed by P.A. 89-626, eff. 8-9-96.)

    (5 ILCS 80/4.8a)
    Sec. 4.8a. (Repealed).
(Source: P.A. 89-594, eff. 8-1-96. Repealed by 90-14, eff. 7-1-97.)

    (5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
    Sec. 4.9. (Repealed).
(Source: P.A. 90-248, eff. 1-1-98. Repealed by P.A. 90-580, eff. 5-21-98 and P.A. 90-655, eff. 7-30-98.)

    (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
    Sec. 4.10. The following Acts are repealed December 31, 1999:
    The Fire Equipment Distributor and Employee Regulation Act.
    The Land Sales Registration Act of 1989.
(Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132, eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99; 91-255, eff. 12-30-99; 92-16, eff. 6-28-01.)

    (5 ILCS 80/4.11) (from Ch. 127, par. 1904.11)
    Sec. 4.11. (Repealed).
(Source: P.A. 86-1475. Repealed by P.A. 91-752, eff. 6-2-00.)

    (5 ILCS 80/4.12) (from Ch. 127, par. 1904.12)
    Sec. 4.12. (Repealed).
(Source: P.A. 92-500. Repealed by P.A. 92-651, eff. 7-11-02.)

    (5 ILCS 80/4.13)
    Sec. 4.13. (Repealed).
(Source: P.A. 92-837, eff. 8-22-02. Repealed by P.A. 95-331, eff. 8-21-07.)

    (5 ILCS 80/4.14)
    Sec. 4.14. (Repealed).
(Source: P.A. 93-461, eff. 8-8-03. Repealed by P.A. 95-331, eff. 8-21-07.)

    (5 ILCS 80/4.16)
    Sec. 4.16. (Repealed).
(Source: P.A. 94-708, eff. 12-5-05. Repealed by P.A. 95-331, eff. 8-21-07.)

    (5 ILCS 80/4.17)
    Sec. 4.17. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 95-876, eff. 8-21-08.)

    (5 ILCS 80/4.18)
    Sec. 4.18. (Repealed).
(Source: P.A. 95-1020, eff. 12-29-08. Repealed by P.A. 96-1000, eff. 7-2-10.)

    (5 ILCS 80/4.19)
    Sec. 4.19. (Repealed).
(Source: P.A. 90-614, eff. 7-10-98. Repealed by P.A. 91-357, eff. 7-29-99.)

    (5 ILCS 80/4.19a)
    Sec. 4.19a. (Repealed).
(Source: P.A. 94-828, eff. 1-1-07. Repealed by P.A. 95-331, eff. 8-21-07.)

    (5 ILCS 80/4.19b)
    Sec. 4.19b. Act repealed on January 1, 2009. The following Act is repealed on January 1, 2009:
    The Interpreters for the Deaf Act.
(Source: P.A. 95-617, eff. 9-12-07; 95-786, eff. 8-7-08; 96-473, eff. 8-14-09.)

    (5 ILCS 80/4.20)
    Sec. 4.20. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 96-1492, eff. 12-30-10.)

    (5 ILCS 80/4.21)
    Sec. 4.21. Act repealed on January 1, 2011. The following Act is repealed on January 1, 2011:
    The Fire Equipment Distributor and Employee Regulation Act of 2000.
(Source: P.A. 96-1041, eff. 7-14-10; 96-1492, eff. 12-30-10; 97-622, eff. 11-23-11.)

    (5 ILCS 80/4.22)
    Sec. 4.22. (Repealed).
(Source: P.A. 97-622, eff. 11-23-11. Repealed by P.A. 97-1140, eff. 12-28-12.)

    (5 ILCS 80/4.23)
    Sec. 4.23. (Repealed).
(Source: P.A. 98-463, eff. 8-16-13. Repealed by P.A. 98-601, eff. 12-30-13.)

    (5 ILCS 80/4.24)
    Sec. 4.24. (Repealed).
(Source: P.A. 98-601, eff. 12-30-13. Repealed by P.A. 98-1140, eff. 12-30-14.)

    (5 ILCS 80/4.25)
    Sec. 4.25. (Repealed).
(Source: P.A. 93-1041, eff. 9-29-04. Repealed by P.A. 98-813, eff. 1-1-15.)

    (5 ILCS 80/4.25a)
    Sec. 4.25a. Act repealed on December 31, 2015. The following Act is repealed on December 31, 2015:
    The Medical Practice Act of 1987.
(Source: P.A. 98-1140, eff. 12-30-14.)

    (5 ILCS 80/4.26)
    Sec. 4.26. Acts repealed on January 1, 2016. The following Acts are repealed on January 1, 2016:
    The Illinois Athletic Trainers Practice Act.
    The Illinois Roofing Industry Licensing Act.
    The Illinois Dental Practice Act.
    The Collection Agency Act.
    The Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985.
    The Respiratory Care Practice Act.
    The Hearing Instrument Consumer Protection Act.
    The Illinois Physical Therapy Act.
    The Professional Geologist Licensing Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; 96-1246, eff. 1-1-11.)

    (5 ILCS 80/4.27)
    Sec. 4.27. Acts repealed on January 1, 2017. The following are repealed on January 1, 2017:
    The Illinois Optometric Practice Act of 1987.
    The Clinical Psychologist Licensing Act.
    The Boiler and Pressure Vessel Repairer Regulation Act.
    Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, XVII, XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
(Source: P.A. 94-787, eff. 5-19-06; 94-870, eff. 6-16-06; 94-956, eff. 6-27-06; 94-1076, eff. 12-29-06; 95-331, eff. 8-21-07; 95-876, eff. 8-21-08.)

    (5 ILCS 80/4.28)
    Sec. 4.28. Acts repealed on January 1, 2018. The following Acts are repealed on January 1, 2018:
    The Illinois Petroleum Education and Marketing Act.
    The Podiatric Medical Practice Act of 1987.
    The Acupuncture Practice Act.
    The Illinois Speech-Language Pathology and Audiology Practice Act.
    The Interpreter for the Deaf Licensure Act of 2007.
    The Nurse Practice Act.
    The Clinical Social Work and Social Work Practice Act.
    The Pharmacy Practice Act.
    The Home Medical Equipment and Services Provider License Act.
    The Marriage and Family Therapy Licensing Act.
    The Nursing Home Administrators Licensing and Disciplinary Act.
    The Physician Assistant Practice Act of 1987.
(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09.)

    (5 ILCS 80/4.29)
    Sec. 4.29. Acts repealed on January 1, 2019 and December 31, 2019.
    (a) The following Act is repealed on January 1, 2019:
        The Environmental Health Practitioner Licensing Act.
    (b) The following Act is repealed on December 31, 2019:
        The Structural Pest Control Act.
(Source: P.A. 95-1020, eff. 12-29-08; 96-473, eff. 8-14-09.)

    (5 ILCS 80/4.30)
    Sec. 4.30. Acts repealed on January 1, 2020. The following Acts are repealed on January 1, 2020:
    The Auction License Act.
    The Community Association Manager Licensing and Disciplinary Act.
    The Illinois Architecture Practice Act of 1989.
    The Illinois Landscape Architecture Act of 1989.
    The Illinois Professional Land Surveyor Act of 1989.
    The Land Sales Registration Act of 1999.
    The Orthotics, Prosthetics, and Pedorthics Practice Act.
    The Perfusionist Practice Act.
    The Professional Engineering Practice Act of 1989.
    The Real Estate License Act of 2000.
    The Structural Engineering Practice Act of 1989.
(Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09; 96-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff. 8-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09; 96-1000, eff. 7-2-10.)

    (5 ILCS 80/4.31)
    Sec. 4.31. Acts repealed on January 1, 2021. The following Acts are repealed on January 1, 2021:
    The Crematory Regulation Act.
    The Cemetery Oversight Act.
    The Illinois Health Information Exchange and Technology Act.
    The Radiation Protection Act of 1990.
(Source: P.A. 96-1041, eff. 7-14-10; 96-1331, eff. 7-27-10; incorporates P.A. 96-863, eff. 3-1-10; 97-333, eff. 8-12-11.)

    (5 ILCS 80/4.32)
    Sec. 4.32. Acts repealed on January 1, 2022. The following Acts are repealed on January 1, 2022:
    The Boxing and Full-contact Martial Arts Act.
    The Collateral Recovery Act.
    The Detection of Deception Examiners Act.
    The Home Inspector License Act.
    The Interior Design Title Act.
    The Massage Licensing Act.
    The Petroleum Equipment Contractors Licensing Act.
    The Real Estate Appraiser Licensing Act of 2002.
    The Water Well and Pump Installation Contractor's License Act.
(Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11; 97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff. 8-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598, eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.)

    (5 ILCS 80/4.33)
    Sec. 4.33. Acts repealed on January 1, 2023. The following Acts are repealed on January 1, 2023:
    The Dietitian Nutritionist Practice Act.
    The Elevator Safety and Regulation Act.
    The Fire Equipment Distributor and Employee Regulation Act of 2011.
    The Funeral Directors and Embalmers Licensing Code.
    The Naprapathic Practice Act.
    The Professional Counselor and Clinical Professional Counselor Licensing and Practice Act.
    The Wholesale Drug Distribution Licensing Act.
(Source: P.A. 97-706, eff. 6-25-12; 97-778, eff. 7-13-12; 97-804, eff. 1-1-13; 97-979, eff. 8-17-12; 97-1048, eff. 8-22-12; 97-1130, eff. 8-28-12; 97-1141, eff. 12-28-12.)

    (5 ILCS 80/4.34)
    Sec. 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

1984.

        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

2004.

(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 80/4.35)
    Sec. 4.35. Act repealed on January 1, 2025. The following Act is repealed on January 1, 2025:
    The Genetic Counselor Licensing Act.
(Source: P.A. 98-813, eff. 1-1-15.)

    (5 ILCS 80/5) (from Ch. 127, par. 1905)
    Sec. 5. Study and report. The Governor's Office of Management and Budget shall study the performance of each regulatory agency and program scheduled for termination under this Act and report annually to the Governor the results of such study, including in the report recommendations with respect to those agencies and programs the Governor's Office of Management and Budget determines should be terminated or continued by the State. The Governor shall review the report of the Governor's Office of Management and Budget and in each even-numbered year make recommendations to the General Assembly on the termination or continuation of regulatory agencies and programs.
(Source: P.A. 94-793, eff. 5-19-06.)

    (5 ILCS 80/6) (from Ch. 127, par. 1906)
    Sec. 6. 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)
    Sec. 7. Additional criteria. 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 following criteria:
        (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.)

    (5 ILCS 80/8.31)
    Sec. 8.31. (Repealed).
(Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 97-333, eff. 8-12-11.)

    (5 ILCS 80/11) (from Ch. 127, par. 1911)
    Sec. 11. Personnel or appropriations affected by repeal of regulatory law. The General Assembly by law may provide for transitional use of personnel or appropriations affected by repeal of regulatory functions or programs under this Act. No later than one year from the date of repeal of any Act as provided in the Sections following Section 4 and preceding Section 5, the board, committee, or other unit of government or subunit thereof, and the personnel positions responsible for carrying out the powers, duties, and functions created by the repealed Act, shall be abolished and all unexpended balances of appropriations, allocation or other funds shall revert to the fund from which they were appropriated, or if that fund is abolished, to the General Revenue Fund.
(Source: P.A. 88-670, eff. 12-2-94.)

    (5 ILCS 80/12) (from Ch. 127, par. 1912)
    Sec. 12. (a) Any program or function scheduled for termination under this Act may be re-established by the General Assembly for any period of time specified by law, not to exceed 10 years, at the end of which time the General Assembly shall again review such program, or function and may again re-establish, modify or allow the termination of such program or function.
    (b) Any program or function created in whole or in part to regulate any profession or occupation by law enacted after the effective date of this Act shall be reviewed as provided in this Act, beginning during the next succeeding review cycle 10 years after the effective date of such law.
(Source: P.A. 84-1308.)

    (5 ILCS 80/13) (from Ch. 127, par. 1913)
    Sec. 13. (Repealed).
(Source: P.A. 81-999. Repealed by P.A. 90-580, eff. 5-21-98.)

    (5 ILCS 80/14) (from Ch. 127, par. 1914)
    Sec. 14. This Act shall not affect any claim or right of a citizen against any regulatory agency, or any claim or right of an agency, terminated pursuant to this Act. Those claims, rights and obligations shall be assumed by the Attorney General. Nothing in this Act shall interfere with the General Assembly otherwise considering legislation on any regulatory agency.
(Source: P.A. 81-999.)