Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2402 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2402 Introduced 2/7/2025, by Sen. Willie Preston 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 10371 AAS 20446 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2402 Introduced 2/7/2025, by Sen. Willie Preston 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 10371 AAS 20446 b LRB104 10371 AAS 20446 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2402 Introduced 2/7/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	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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11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the PRIOR
15	15	5 Act.
16	16	6 Section 5. Declaration of public policy.
17	17	7 (a) The General Assembly finds the following:
18	18	8 (1) requiring individuals to qualify for, apply for,
19	19	9 and receive a license before he or she works in an
20	20	10 occupation imposes a significant burden on individuals,
21	21	11 the State, and the economy;
22	22	12 (2) the creation of new occupational licenses without
23	23	13 sufficient empirical evidence or legislative oversight may
24	24	14 compel the Department of Financial and Professional
25	25	15 Regulation to expend finite resources administering
26	26	16 regulations that are not necessary to protect public
27	27	17 health or safety;
28	28	18 (3) occupational licenses should only be required or
29	29	19 expanded if it is necessary to protect public health and
30	30	20 safety from significant and discernible harm
31	31	21 (4) the people of the State have a fundamental right
32	32	22 to pursue a lawful occupation; and
33	33	23 (5) it is necessary to require comprehensive reviews
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2402 Introduced 2/7/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	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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68	68	1 of any proposed legislation that would create an
69	69	2 occupational license, expand the scope of practice for a
70	70	3 license, or increase personal qualifications for a license
71	71	4 so that the General Assembly can analyze whether the
72	72	5 legislation is both necessary to protect public health,
73	73	6 safety, or welfare from significant and discernible harm
74	74	7 and appropriate in light of the burdens it creates.
75	75	8 Section 10. Definitions. As used in this Act:
76	76	9 (a) "Department" means the Department of Financial and
77	77	10 Professional Regulation.
78	78	11 (b) "Least restrictive regulation" means the following,
79	79	12 from least to most restrictive:
80	80	13 (1) market competition;
81	81	14 (2) third-party or consumer-created ratings and
82	82	15 reviews;
83	83	16 (3) private certification;
84	84	17 (4) voluntary bonding or insurance;
85	85	18 (5) specific private civil cause of action to remedy
86	86	19 consumer harm;
87	87	20 (6) deceptive trade practice act;
88	88	21 (7) mandatory disclosure of attributes of the specific
89	89	22 good or service;
90	90	23 (8) regulation of the process of providing the
91	91	24 specific good or service;
92	92	25 (9) regulation of the facility where the specific good
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103	103	1 or service is sold;
104	104	2 (10) inspection;
105	105	3 (11) bonding;
106	106	4 (12) insurance;
107	107	5 (13) government registration;
108	108	6 (14) government certification;
109	109	7 (15) specialty occupational certification solely for
110	110	8 medical reimbursement; and
111	111	9 (16) an occupational license.
112	112	10 (d) "License" means the privilege conferred by the
113	113	11 Department to a person that has fulfilled all the requirements
114	114	12 for any type of licensure under this Act.
115	115	13 (e) "Licensure" means a process by which the Department
116	116	14 grants to a person who has met certain prerequisite
117	117	15 qualifications the right to perform prescribed professional or
118	118	16 occupational tasks and to use the title of the profession or
119	119	17 occupation.
120	120	18 (f) "Occupational regulation" means a statute, rule,
121	121	19 practice, policy, or other state law that allows an individual
122	122	20 to an occupational title or work in an occupation.
123	123	21 "Occupational regulation" includes a government registration,
124	124	22 government certification, and occupational license.
125	125	23 (g) "Personal qualifications" means criteria related to an
126	126	24 individual's personal background and characteristics.
127	127	25 "Personal qualifications" may include one or more of the
128	128	26 following: (i) completion of an approved educational program,
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139	139	1 (ii) satisfactory performance on an examination, (iii) work
140	140	2 experience, (iv) apprenticeship, (v) other evidence of
141	141	3 attainment of requisite knowledge and skills, (vi) passing a
142	142	4 review of the individual's criminal record, or (vii)
143	143	5 completion of continuing education.
144	144	6 (h) "Pre-Regulatory Impact Application" means the
145	145	7 application for review of legislation to regulate an
146	146	8 unregulated profession or occupation or modify the respective
147	147	9 scope thereof.
148	148	10 (i) "Pre-Regulatory Impact Assessment and Report" means
149	149	11 the process as provided in this Act by which designated staff
150	150	12 shall assess the Pre-Regulatory Impact Application.
151	151	13 (j) "Scope of practice" means the procedures, actions,
152	152	14 processes, and work that an individual may perform under an
153	153	15 occupational regulation.
154	154	16 Section 15. Establishment of a Pre-Regulatory Impact
155	155	17 Assessment.
156	156	18 (a) A Pre-Regulatory Impact Assessment shall be completed
157	157	19 and presented to the General Assembly before legislation
158	158	20 creating a new occupational regulation, expanding the scope of
159	159	21 practice of a licensed occupation, or increasing the personal
160	160	22 qualification for an occupational regulation can be voted on
161	161	23 by a committee or the General Assembly.
162	162	24 (b) On or before the first day of the General Assembly's
163	163	25 legislative session, the Speaker of the House of
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174	174	1 Representatives, the President of the Senate, and the Chair of
175	175	2 each relevant committee shall assign to the relevant committee
176	176	3 or legislative staff the responsibility to analyze legislation
177	177	4 creating a new occupational regulation, expanding the scope of
178	178	5 practice of a licensed occupation, or increasing the personal
179	179	6 qualifications for an occupational regulation and the
180	180	7 accompanying Pre-Regulatory Impact Application submitted by
181	181	8 proponents of the legislation.
182	182	9 Section 20. Pre-Regulatory Impact Application and
183	183	10 Assessment process.
184	184	11 (a) The designated staff are responsible for (i) reviewing
185	185	12 legislation that requires a Pre-Regulatory Impact Assessment
186	186	13 pursuant to Section 15 to ensure the least restrictive
187	187	14 regulation is being proposed and (ii) preparing a
188	188	15 Pre-Regulatory Impact Assessment that shall be considered with
189	189	16 the legislation by the General Assembly.
190	190	17 (b) A proponent of a piece of legislation shall submit a
191	191	18 Pre-Regulation Impact Application to the designated staff. The
192	192	19 application shall include:
193	193	20 (1) the name or type of occupation that is proposed to
194	194	21 be licensed, proposed changes to an existing license's
195	195	22 scope of practice or required personal qualifications, and
196	196	23 the full range and variety of practices and activities,
197	197	24 modes of practice, or subspecialities included in the
198	198	25 scope of practice covered by the legislation;
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209	209	1 (2) demonstrable evidence of significant and
210	210	2 discernible harm arising from the full range and variety
211	211	3 of practices and activities included in the scope of
212	212	4 practice and how the legislation will remedy this harm;
213	213	5 (3) the substance, content, and relevance of the
214	214	6 personal qualifications required for entry into the
215	215	7 occupation that the legislation seeks to regulate,
216	216	8 including, but not limited to, required hours, knowledge
217	217	9 areas tested in examinations, the development process for
218	218	10 creating examinations, and any updates that have been made
219	219	11 to address changes in technology or modes of practice;
220	220	12 (4) the extent to which the personal qualifications
221	221	13 that the legislation requires for individuals to enter the
222	222	14 occupation being regulated are necessary to protect the
223	223	15 public from significant and discernible harm for all
224	224	16 activities covered by the scope of practice;
225	225	17 (5) equity concerns arising from the personal
226	226	18 qualifications and costs, including:
227	227	19 (A) the financial impact on aspiring licensees,
228	228	20 including, but not limited to:
229	229	21 (i) itemization of average costs of achieving
230	230	22 personal qualifications;
231	231	23 (ii) an assessment of average incomes of
232	232	24 licensees;
233	233	25 (iii) numbers, monetary loss, and demographics
234	234	26 of individuals who start but do not achieve
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245	245	1 personal qualifications or complete the
246	246	2 application process; and
247	247	3 (iv) the educational or training programs that
248	248	4 exist and the cost of such educational or training
249	249	5 programs;
250	250	6 (B) the challenges for individuals from
251	251	7 historically disadvantaged backgrounds in acquiring
252	252	8 required personal qualifications;
253	253	9 (C) the barriers for individuals with records of
254	254	10 interactions with the criminal justice system;
255	255	11 (D) any evidence of challenges for individuals who
256	256	12 do not speak English as their primary language;
257	257	13 (E) the geographic distribution of educational
258	258	14 programs, training sites, and test sites;
259	259	15 (F) how the proposed regulation will affect the
260	260	16 costs of goods and services; and
261	261	17 (G) whether licensure renewal will be based only
262	262	18 upon payment of a fee or whether renewal will involve
263	263	19 continuing education, reexamination, or other
264	264	20 methodologies;
265	265	21 (6) whether any current protections exist for
266	266	22 consumers of the goods and services provided by the
267	267	23 unregulated occupation and how they protect or fail to
268	268	24 protect consumers;
269	269	25 (7) the approximate number of individuals or
270	270	26 businesses that would be subject to the legislation, a
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281	281	1 list of associations, organizations, and other groups
282	282	2 available to practitioners of occupation, and, if
283	283	3 applicable, the existence of national or private
284	284	4 accreditations or certification systems for the profession
285	285	5 or occupation;
286	286	6 (8) a list of all State and federal laws that have been
287	287	7 enacted to protect the public with respect to the
288	288	8 profession or occupation and how the proposed standards
289	289	9 for licensure compare to the standards of these other
290	290	10 jurisdictions;
291	291	11 (9) a description of any known previous efforts in
292	292	12 this State to implement legislation to regulate the
293	293	13 profession or occupation or an expansion of scope of
294	294	14 practice or required personal qualifications thereof;
295	295	15 (10) the form, powers, and composition of a licensing
296	296	16 board, if needed; and
297	297	17 (11) any other information the designated staff
298	298	18 requests for the analysis of the regulatory proposal or
299	299	19 proposed legislation.
300	300	20 (c) The designated staff may request information from
301	301	21 State agencies that contract with individuals in regulated
302	302	22 occupations and others knowledgeable of the occupation,
303	303	23 labor-market economics, or other factors, including costs and
304	304	24 benefits.
305	305	25 (d) The designated staff shall determine in the
306	306	26 Pre-Regulatory Impact Assessment if the proposed occupational
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317	317	1 regulation meets the State's policy of using the least
318	318	2 restrictive regulation necessary to protect consumers from
319	319	3 significant and discernible harm and provide a written
320	320	4 recommendation regarding the necessity of the legislation.
321	321	5 (e) The designated staff's analysis shall use a rebuttable
322	322	6 presumption that consumers are sufficiently protected by the
323	323	7 remedies listed in paragraphs (1) through (4) of subsection
324	324	8 (g) of this Section.
325	325	9 (f) The designated staff may rebut the presumption in
326	326	10 subsection (e) if it finds (i) credible empirical evidence of
327	327	11 significant and discernible harm and (ii) that consumers do
328	328	12 not have the information and means to protect themselves
329	329	13 against such harm. If evidence of such unmanageable harm is
330	330	14 found, the designated staff will recommend the least
331	331	15 restrictive government regulation to address the harm, as
332	332	16 listed in paragraphs (5) through (11) of subsection (g) of
333	333	17 this Section.
334	334	18 (g) For any harm under subsection (f), the designated
335	335	19 staff shall use the following guidelines to form the
336	336	20 recommendation in the Pre-Regulatory Impact Assessment:
337	337	21 (1) If the harm arises from contractual disputes,
338	338	22 including pricing disputes, staff may recommend enacting a
339	339	23 specific civil cause of action in small-claims court or
340	340	24 district court to remedy consumer harm. This cause of
341	341	25 action may provide for reimbursement of the attorney's
342	342	26 fees or court costs, if a consumer's claim is successful;
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353	353	1 (2) If the harm arises from fraud, staff may recommend
354	354	2 strengthening powers under the state's deceptive trade
355	355	3 practices acts or requiring disclosures that will reduce
356	356	4 misleading attributes of the specific good or service;
357	357	5 (3) If the harm arises from general health and safety
358	358	6 risks, staff may recommend enacting a regulation on the
359	359	7 related process or requiring a facility license;
360	360	8 (4) If the harm arises from unclean facilities, staff
361	361	9 may recommend requiring periodic facility inspections;
362	362	10 (5) If the harm arises from a provider's failure to
363	363	11 complete a contract fully or to standards, staff may
364	364	12 recommend requiring the provider to be bonded;
365	365	13 (6) If the harm arises from a lack of protection for a
366	366	14 person who is not a party to a contract between providers
367	367	15 and consumers, staff may recommend requiring the provider
368	368	16 have insurance;
369	369	17 (7) If the harm arises from transactions with
370	370	18 transient, out-of-state, or fly-by-night providers, staff
371	371	19 may recommend requiring the provider register its business
372	372	20 with the secretary of state;
373	373	21 (8) If the harm arises from a shortfall or imbalance
374	374	22 in the consumer's knowledge about the good or service
375	375	23 relative to the provider's knowledge, staff may recommend
376	376	24 enacting government certification;
377	377	25 (9) If the harm arises from an inability to qualify
378	378	26 providers of new or highly-specialized medical services
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389	389	1 for reimbursement by the state, staff may recommend
390	390	2 enacting a specialty certification solely for medical
391	391	3 reimbursement;
392	392	4 (10) If the harm arises from a systematic information
393	393	5 shortfall in which a reasonable consumer of the service is
394	394	6 permanently unable to distinguish between the quality of
395	395	7 providers and there is an absence of institutions that
396	396	8 provide guidance to consumers, staff may recommend
397	397	9 enacting an occupational license; and
398	398	10 (11) If the harm arises from the need to address
399	399	11 multiple types of harm, staff may recommend a combination
400	400	12 of regulations. This may include a government regulation
401	401	13 combined with a private remedy including third-party or
402	402	14 consumer-created ratings and reviews, or private
403	403	15 certification.
404	404	16 (h) The designated staff's recommendation shall include a
405	405	17 written analysis of the need for the occupational regulation
406	406	18 and shall address the following:
407	407	19 (1) each factor in paragraph (5) of subsection (b),
408	408	20 including the effects of the legislation on opportunities
409	409	21 for workers, consumer choices, costs and benefits, general
410	410	22 unemployment, market competition, governmental costs, and
411	411	23 any other perceived effects;
412	412	24 (2) the type of occupational regulation recommended,
413	413	25 if any, including the proper scope of practice for the
414	414	26 occupation and the requisite personal qualifications;
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425	425	1 (3) penalties for violating the proposed regulation;
426	426	2 and
427	427	3 (4) whether the legislation requires the creation of a
428	428	4 new board and how much responsibility the legislation
429	429	5 delegates to a licensing board or agency, including
430	430	6 whether the board or agency would have to promulgate rules
431	431	7 and have increased costs to regulate the occupation.
432	432	8 (i) The designated staff shall have a minimum of 9 months
433	433	9 from receipt of the Pre-Regulatory Impact Application to
434	434	10 complete the analysis and issue the Pre-Regulatory Impact
435	435	11 Assessment.
436	436	12 (j) The Pre-Regulatory Impact Assessment shall be
437	437	13 considered with the applicable legislation when it is
438	438	14 considered by the relevant legislative committees and the
439	439	15 General Assembly.
440	440	16 Section 25. Temporary moratorium on the creation of new
441	441	17 occupational regulations.
442	442	18 (a) Except as provided for in subsection (d) of this
443	443	19 Section, beginning January 1, 2026, no Pre-Regulatory Impact
444	444	20 Application shall be submitted and the General Assembly shall
445	445	21 not consider legislation governed by this Act until January 1,
446	446	22 2027.
447	447	23 (b) Beginning January 1, 2026, a political subdivision
448	448	24 shall promulgate rules imposing new licensure requirements
449	449	25 until the moratorium in this Section is repealed.
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460	460	1 (c) The moratorium in this Section shall be repealed on
461	461	2 January 1, 2027 unless otherwise extended by the General
462	462	3 Assembly.
463	463	4 (d) A political subdivision may initiate a Pre-Regulatory
464	464	5 Impact Application during the moratorium period if it can
465	465	6 provide evidence of significant and discernible harm related
466	466	7 to the unregulated practice of the occupation.
467	467	8 Section 97. Severability. The provisions of this Act are
468	468	9 severable under Section 1.31 of the Statute on Statutes.
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