Illinois 2025-2026 Regular Session

Illinois House Bill HB3651 Latest Draft

Bill / Introduced Version Filed 02/07/2025

                            104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB3651 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: New Act Creates the PRIOR Act. Defines terms. Provides that a Pre-Regulatory Impact Assessment shall be completed and presented to the General Assembly before legislation creating a new occupational regulation, expanding the scope of practice of a licensed occupation, or increasing the personal qualification for an occupational regulation can be voted on by a committee or the General Assembly. Provides that, on or before the first day of the General Assembly's legislative session, the Speaker of the House of Representatives, the President of the Senate, and the Chair of each relevant committee shall assign to the relevant committee or legislative staff the responsibility to analyze legislation creating a new occupational regulation, expanding the scope of practice of a licensed occupation, or increasing the personal qualifications for an occupational regulation and the accompanying Pre-Regulatory Impact Application submitted by proponents of the legislation. Provides that the designated staff are responsible for (i) reviewing legislation that requires a Pre-Regulatory Impact Assessment to ensure the least restrictive regulation is being proposed and (ii) preparing a Pre-Regulatory Impact Assessment that shall be considered with the legislation by the General Assembly. Provides that a proponent of a piece of legislation shall submit a Pre-Regulation Impact Application to the designated staff. Sets forth requirements for an application. Sets forth actions that designated staff may take. Sets forth a temporary moratorium on the creation of new occupational regulations. Effective immediately. LRB104 10372 AAS 20447 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB3651 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:  New Act New Act  Creates the PRIOR Act. Defines terms. Provides that a Pre-Regulatory Impact Assessment shall be completed and presented to the General Assembly before legislation creating a new occupational regulation, expanding the scope of practice of a licensed occupation, or increasing the personal qualification for an occupational regulation can be voted on by a committee or the General Assembly. Provides that, on or before the first day of the General Assembly's legislative session, the Speaker of the House of Representatives, the President of the Senate, and the Chair of each relevant committee shall assign to the relevant committee or legislative staff the responsibility to analyze legislation creating a new occupational regulation, expanding the scope of practice of a licensed occupation, or increasing the personal qualifications for an occupational regulation and the accompanying Pre-Regulatory Impact Application submitted by proponents of the legislation. Provides that the designated staff are responsible for (i) reviewing legislation that requires a Pre-Regulatory Impact Assessment to ensure the least restrictive regulation is being proposed and (ii) preparing a Pre-Regulatory Impact Assessment that shall be considered with the legislation by the General Assembly. Provides that a proponent of a piece of legislation shall submit a Pre-Regulation Impact Application to the designated staff. Sets forth requirements for an application. Sets forth actions that designated staff may take. Sets forth a temporary moratorium on the creation of new occupational regulations. Effective immediately.  LRB104 10372 AAS 20447 b     LRB104 10372 AAS 20447 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB3651 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the PRIOR Act. Defines terms. Provides that a Pre-Regulatory Impact Assessment shall be completed and presented to the General Assembly before legislation creating a new occupational regulation, expanding the scope of practice of a licensed occupation, or increasing the personal qualification for an occupational regulation can be voted on by a committee or the General Assembly. Provides that, on or before the first day of the General Assembly's legislative session, the Speaker of the House of Representatives, the President of the Senate, and the Chair of each relevant committee shall assign to the relevant committee or legislative staff the responsibility to analyze legislation creating a new occupational regulation, expanding the scope of practice of a licensed occupation, or increasing the personal qualifications for an occupational regulation and the accompanying Pre-Regulatory Impact Application submitted by proponents of the legislation. Provides that the designated staff are responsible for (i) reviewing legislation that requires a Pre-Regulatory Impact Assessment to ensure the least restrictive regulation is being proposed and (ii) preparing a Pre-Regulatory Impact Assessment that shall be considered with the legislation by the General Assembly. Provides that a proponent of a piece of legislation shall submit a Pre-Regulation Impact Application to the designated staff. Sets forth requirements for an application. Sets forth actions that designated staff may take. Sets forth a temporary moratorium on the creation of new occupational regulations. Effective immediately.
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A BILL FOR
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1  AN ACT concerning regulation.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 1. Short title. This Act may be cited as the PRIOR
5  Act.
6  Section 5. Declaration of public policy.
7  (a) The General Assembly finds the following:
8  (1) requiring individuals to qualify for, apply for,
9  and receive a license before he or she works in an
10  occupation imposes a significant burden on individuals,
11  the State, and the economy;
12  (2) the creation of new occupational licenses without
13  sufficient empirical evidence or legislative oversight may
14  compel the Department of Financial and Professional
15  Regulation to expend finite resources administering
16  regulations that are not necessary to protect public
17  health or safety;
18  (3) occupational licenses should only be required or
19  expanded if it is necessary to protect public health and
20  safety from significant and discernible harm
21  (4) the people of the State have a fundamental right
22  to pursue a lawful occupation; and
23  (5) it is necessary to require comprehensive reviews

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB3651 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the PRIOR Act. Defines terms. Provides that a Pre-Regulatory Impact Assessment shall be completed and presented to the General Assembly before legislation creating a new occupational regulation, expanding the scope of practice of a licensed occupation, or increasing the personal qualification for an occupational regulation can be voted on by a committee or the General Assembly. Provides that, on or before the first day of the General Assembly's legislative session, the Speaker of the House of Representatives, the President of the Senate, and the Chair of each relevant committee shall assign to the relevant committee or legislative staff the responsibility to analyze legislation creating a new occupational regulation, expanding the scope of practice of a licensed occupation, or increasing the personal qualifications for an occupational regulation and the accompanying Pre-Regulatory Impact Application submitted by proponents of the legislation. Provides that the designated staff are responsible for (i) reviewing legislation that requires a Pre-Regulatory Impact Assessment to ensure the least restrictive regulation is being proposed and (ii) preparing a Pre-Regulatory Impact Assessment that shall be considered with the legislation by the General Assembly. Provides that a proponent of a piece of legislation shall submit a Pre-Regulation Impact Application to the designated staff. Sets forth requirements for an application. Sets forth actions that designated staff may take. Sets forth a temporary moratorium on the creation of new occupational regulations. Effective immediately.
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A BILL FOR

 

 

New Act



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1  of any proposed legislation that would create an
2  occupational license, expand the scope of practice for a
3  license, or increase personal qualifications for a license
4  so that the General Assembly can analyze whether the
5  legislation is both necessary to protect public health,
6  safety, or welfare from significant and discernible harm
7  and appropriate in light of the burdens it creates.
8  Section 10. Definitions. As used in this Act:
9  (a) "Department" means the Department of Financial and
10  Professional Regulation.
11  (b) "Least restrictive regulation" means the following,
12  from least to most restrictive:
13  (1) market competition;
14  (2) third-party or consumer-created ratings and
15  reviews;
16  (3) private certification;
17  (4) voluntary bonding or insurance;
18  (5) specific private civil cause of action to remedy
19  consumer harm;
20  (6) deceptive trade practice act;
21  (7) mandatory disclosure of attributes of the specific
22  good or service;
23  (8) regulation of the process of providing the
24  specific good or service;
25  (9) regulation of the facility where the specific good

 

 

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1  or service is sold;
2  (10) inspection;
3  (11) bonding;
4  (12) insurance;
5  (13) government registration;
6  (14) government certification;
7  (15) specialty occupational certification solely for
8  medical reimbursement; and
9  (16) an occupational license.
10  (d) "License" means the privilege conferred by the
11  Department to a person that has fulfilled all the requirements
12  for any type of licensure under this Act.
13  (e) "Licensure" means a process by which the Department
14  grants to a person who has met certain prerequisite
15  qualifications the right to perform prescribed professional or
16  occupational tasks and to use the title of the profession or
17  occupation.
18  (f) "Occupational regulation" means a statute, rule,
19  practice, policy, or other state law that allows an individual
20  to an occupational title or work in an occupation.
21  "Occupational regulation" includes a government registration,
22  government certification, and occupational license.
23  (g) "Personal qualifications" means criteria related to an
24  individual's personal background and characteristics.
25  "Personal qualifications" may include one or more of the
26  following: (i) completion of an approved educational program,

 

 

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1  (ii) satisfactory performance on an examination, (iii) work
2  experience, (iv) apprenticeship, (v) other evidence of
3  attainment of requisite knowledge and skills, (vi) passing a
4  review of the individual's criminal record, or (vii)
5  completion of continuing education.
6  (h) "Pre-Regulatory Impact Application" means the
7  application for review of legislation to regulate an
8  unregulated profession or occupation or modify the respective
9  scope thereof.
10  (i) "Pre-Regulatory Impact Assessment and Report" means
11  the process as provided in this Act by which designated staff
12  shall assess the Pre-Regulatory Impact Application.
13  (j) "Scope of practice" means the procedures, actions,
14  processes, and work that an individual may perform under an
15  occupational regulation.
16  Section 15. Establishment of a Pre-Regulatory Impact
17  Assessment.
18  (a) A Pre-Regulatory Impact Assessment shall be completed
19  and presented to the General Assembly before legislation
20  creating a new occupational regulation, expanding the scope of
21  practice of a licensed occupation, or increasing the personal
22  qualification for an occupational regulation can be voted on
23  by a committee or the General Assembly.
24  (b) On or before the first day of the General Assembly's
25  legislative session, the Speaker of the House of

 

 

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1  Representatives, the President of the Senate, and the Chair of
2  each relevant committee shall assign to the relevant committee
3  or legislative staff the responsibility to analyze legislation
4  creating a new occupational regulation, expanding the scope of
5  practice of a licensed occupation, or increasing the personal
6  qualifications for an occupational regulation and the
7  accompanying Pre-Regulatory Impact Application submitted by
8  proponents of the legislation.
9  Section 20. Pre-Regulatory Impact Application and
10  Assessment process.
11  (a) The designated staff are responsible for (i) reviewing
12  legislation that requires a Pre-Regulatory Impact Assessment
13  pursuant to Section 15 to ensure the least restrictive
14  regulation is being proposed and (ii) preparing a
15  Pre-Regulatory Impact Assessment that shall be considered with
16  the legislation by the General Assembly.
17  (b) A proponent of a piece of legislation shall submit a
18  Pre-Regulation Impact Application to the designated staff. The
19  application shall include:
20  (1) the name or type of occupation that is proposed to
21  be licensed, proposed changes to an existing license's
22  scope of practice or required personal qualifications, and
23  the full range and variety of practices and activities,
24  modes of practice, or subspecialities included in the
25  scope of practice covered by the legislation;

 

 

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1  (2) demonstrable evidence of significant and
2  discernible harm arising from the full range and variety
3  of practices and activities included in the scope of
4  practice and how the legislation will remedy this harm;
5  (3) the substance, content, and relevance of the
6  personal qualifications required for entry into the
7  occupation that the legislation seeks to regulate,
8  including, but not limited to, required hours, knowledge
9  areas tested in examinations, the development process for
10  creating examinations, and any updates that have been made
11  to address changes in technology or modes of practice;
12  (4) the extent to which the personal qualifications
13  that the legislation requires for individuals to enter the
14  occupation being regulated are necessary to protect the
15  public from significant and discernible harm for all
16  activities covered by the scope of practice;
17  (5) equity concerns arising from the personal
18  qualifications and costs, including:
19  (A) the financial impact on aspiring licensees,
20  including, but not limited to:
21  (i) itemization of average costs of achieving
22  personal qualifications;
23  (ii) an assessment of average incomes of
24  licensees;
25  (iii) numbers, monetary loss, and demographics
26  of individuals who start but do not achieve

 

 

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1  personal qualifications or complete the
2  application process; and
3  (iv) the educational or training programs that
4  exist and the cost of such educational or training
5  programs;
6  (B) the challenges for individuals from
7  historically disadvantaged backgrounds in acquiring
8  required personal qualifications;
9  (C) the barriers for individuals with records of
10  interactions with the criminal justice system;
11  (D) any evidence of challenges for individuals who
12  do not speak English as their primary language;
13  (E) the geographic distribution of educational
14  programs, training sites, and test sites;
15  (F) how the proposed regulation will affect the
16  costs of goods and services; and
17  (G) whether licensure renewal will be based only
18  upon payment of a fee or whether renewal will involve
19  continuing education, reexamination, or other
20  methodologies;
21  (6) whether any current protections exist for
22  consumers of the goods and services provided by the
23  unregulated occupation and how they protect or fail to
24  protect consumers;
25  (7) the approximate number of individuals or
26  businesses that would be subject to the legislation, a

 

 

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1  list of associations, organizations, and other groups
2  available to practitioners of occupation, and, if
3  applicable, the existence of national or private
4  accreditations or certification systems for the profession
5  or occupation;
6  (8) a list of all State and federal laws that have been
7  enacted to protect the public with respect to the
8  profession or occupation and how the proposed standards
9  for licensure compare to the standards of these other
10  jurisdictions;
11  (9) a description of any known previous efforts in
12  this State to implement legislation to regulate the
13  profession or occupation or an expansion of scope of
14  practice or required personal qualifications thereof;
15  (10) the form, powers, and composition of a licensing
16  board, if needed; and
17  (11) any other information the designated staff
18  requests for the analysis of the regulatory proposal or
19  proposed legislation.
20  (c) The designated staff may request information from
21  State agencies that contract with individuals in regulated
22  occupations and others knowledgeable of the occupation,
23  labor-market economics, or other factors, including costs and
24  benefits.
25  (d) The designated staff shall determine in the
26  Pre-Regulatory Impact Assessment if the proposed occupational

 

 

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1  regulation meets the State's policy of using the least
2  restrictive regulation necessary to protect consumers from
3  significant and discernible harm and provide a written
4  recommendation regarding the necessity of the legislation.
5  (e) The designated staff's analysis shall use a rebuttable
6  presumption that consumers are sufficiently protected by the
7  remedies listed in paragraphs (1) through (4) of subsection
8  (g) of this Section.
9  (f) The designated staff may rebut the presumption in
10  subsection (e) if it finds (i) credible empirical evidence of
11  significant and discernible harm and (ii) that consumers do
12  not have the information and means to protect themselves
13  against such harm. If evidence of such unmanageable harm is
14  found, the designated staff will recommend the least
15  restrictive government regulation to address the harm, as
16  listed in paragraphs (5) through (11) of subsection (g) of
17  this Section.
18  (g) For any harm under subsection (f), the designated
19  staff shall use the following guidelines to form the
20  recommendation in the Pre-Regulatory Impact Assessment:
21  (1) If the harm arises from contractual disputes,
22  including pricing disputes, staff may recommend enacting a
23  specific civil cause of action in small-claims court or
24  district court to remedy consumer harm. This cause of
25  action may provide for reimbursement of the attorney's
26  fees or court costs, if a consumer's claim is successful;

 

 

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1  (2) If the harm arises from fraud, staff may recommend
2  strengthening powers under the state's deceptive trade
3  practices acts or requiring disclosures that will reduce
4  misleading attributes of the specific good or service;
5  (3) If the harm arises from general health and safety
6  risks, staff may recommend enacting a regulation on the
7  related process or requiring a facility license;
8  (4) If the harm arises from unclean facilities, staff
9  may recommend requiring periodic facility inspections;
10  (5) If the harm arises from a provider's failure to
11  complete a contract fully or to standards, staff may
12  recommend requiring the provider to be bonded;
13  (6) If the harm arises from a lack of protection for a
14  person who is not a party to a contract between providers
15  and consumers, staff may recommend requiring the provider
16  have insurance;
17  (7) If the harm arises from transactions with
18  transient, out-of-state, or fly-by-night providers, staff
19  may recommend requiring the provider register its business
20  with the secretary of state;
21  (8) If the harm arises from a shortfall or imbalance
22  in the consumer's knowledge about the good or service
23  relative to the provider's knowledge, staff may recommend
24  enacting government certification;
25  (9) If the harm arises from an inability to qualify
26  providers of new or highly-specialized medical services

 

 

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1  for reimbursement by the state, staff may recommend
2  enacting a specialty certification solely for medical
3  reimbursement;
4  (10) If the harm arises from a systematic information
5  shortfall in which a reasonable consumer of the service is
6  permanently unable to distinguish between the quality of
7  providers and there is an absence of institutions that
8  provide guidance to consumers, staff may recommend
9  enacting an occupational license; and
10  (11) If the harm arises from the need to address
11  multiple types of harm, staff may recommend a combination
12  of regulations. This may include a government regulation
13  combined with a private remedy including third-party or
14  consumer-created ratings and reviews, or private
15  certification.
16  (h) The designated staff's recommendation shall include a
17  written analysis of the need for the occupational regulation
18  and shall address the following:
19  (1) each factor in paragraph (5) of subsection (b),
20  including the effects of the legislation on opportunities
21  for workers, consumer choices, costs and benefits, general
22  unemployment, market competition, governmental costs, and
23  any other perceived effects;
24  (2) the type of occupational regulation recommended,
25  if any, including the proper scope of practice for the
26  occupation and the requisite personal qualifications;

 

 

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1  (3) penalties for violating the proposed regulation;
2  and
3  (4) whether the legislation requires the creation of a
4  new board and how much responsibility the legislation
5  delegates to a licensing board or agency, including
6  whether the board or agency would have to promulgate rules
7  and have increased costs to regulate the occupation.
8  (i) The designated staff shall have a minimum of 9 months
9  from receipt of the Pre-Regulatory Impact Application to
10  complete the analysis and issue the Pre-Regulatory Impact
11  Assessment.
12  (j) The Pre-Regulatory Impact Assessment shall be
13  considered with the applicable legislation when it is
14  considered by the relevant legislative committees and the
15  General Assembly.
16  Section 25. Temporary moratorium on the creation of new
17  occupational regulations.
18  (a) Except as provided for in subsection (d) of this
19  Section, beginning January 1, 2026, no Pre-Regulatory Impact
20  Application shall be submitted and the General Assembly shall
21  not consider legislation governed by this Act until January 1,
22  2027.
23  (b) Beginning January 1, 2026, a political subdivision
24  shall promulgate rules imposing new licensure requirements
25  until the moratorium in this Section is repealed.

 

 

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1  (c) The moratorium in this Section shall be repealed on
2  January 1, 2027 unless otherwise extended by the General
3  Assembly.
4  (d) A political subdivision may initiate a Pre-Regulatory
5  Impact Application during the moratorium period if it can
6  provide evidence of significant and discernible harm related
7  to the unregulated practice of the occupation.
8  Section 97. Severability. The provisions of this Act are
9  severable under Section 1.31 of the Statute on Statutes.

 

 

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