Bill Text: IL SB1940 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Illinois Certified Shorthand Reporters Act of 1984. Renames the Act to the Illinois Certified Shorthand Reporters and Voice Writer Reporters Act. Provides that no person may practice voice writer reporting on a temporary or permanent basis in the State without being certified by the Department of Financial and Professional Regulation under this Act. Defines "the practice of voice writer reporting", "voice writer notes", and "voice writer reporter". Makes changes in provisions concerning: uncertified practice, violation, civil penalty; use of titles; restricted certificate; the Certified Shorthand Reporters and Voice Writer Reporters Board; qualifications, application; expiration, renewal, and military service; inactive status; endorsement, licensure without examination; grounds for disciplinary action; injunctive actions, order to cease and desist; records of proceedings; subpoenas, oaths; summary suspension; home rule; responsibility for notes; and payment for services. Amends other Acts to make conforming changes. Amends the Regulatory Sunset Act. Repeals the Act January 1, 2034 (rather than January 1, 2024). Effective January 1, 2024, except that certain provisions amending the Regulatory Sunset Act are effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1940 Detail]

Download: Illinois-2023-SB1940-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1940

Introduced 2/9/2023, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:
See Index

Amends the Illinois Certified Shorthand Reporters Act of 1984. Renames the Act to the Illinois Certified Shorthand Reporters and Voice Writer Reporters Act. Provides that no person may practice voice writer reporting on a temporary or permanent basis in the State without being certified by the Department of Financial and Professional Regulation under this Act. Defines "the practice of voice writer reporting", "voice writer notes", and "voice writer reporter". Makes changes in provisions concerning: uncertified practice, violation, civil penalty; use of titles; restricted certificate; the Certified Shorthand Reporters and Voice Writer Reporters Board; qualifications, application; expiration, renewal, and military service; inactive status; endorsement, licensure without examination; grounds for disciplinary action; injunctive actions, order to cease and desist; records of proceedings; subpoenas, oaths; summary suspension; home rule; responsibility for notes; and payment for services. Amends other Acts to make conforming changes. Amends the Regulatory Sunset Act. Repeals the Act January 1, 2034 (rather than January 1, 2024). Effective January 1, 2024, except that certain provisions amending the Regulatory Sunset Act are effective immediately.
LRB103 25306 AMQ 51651 b

A BILL FOR

SB1940LRB103 25306 AMQ 51651 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.34 and by adding Section 4.44 as follows:
6 (5 ILCS 80/4.34)
7 Sec. 4.34. Acts and Section repealed on January 1, 2024.
8The following Acts and Section of an Act are repealed on
9January 1, 2024:
10 The Crematory Regulation Act.
11 The Electrologist Licensing Act.
12 The Illinois Certified Shorthand Reporters Act of
13 1984.
14 The Illinois Occupational Therapy Practice Act.
15 The Illinois Public Accounting Act.
16 The Private Detective, Private Alarm, Private
17 Security, Fingerprint Vendor, and Locksmith Act of 2004.
18 The Registered Surgical Assistant and Registered
19 Surgical Technologist Title Protection Act.
20 Section 2.5 of the Illinois Plumbing License Law.
21 The Veterinary Medicine and Surgery Practice Act of
22 2004.
23(Source: P.A. 102-291, eff. 8-6-21.)

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1 (5 ILCS 80/4.44 new)
2 Sec. 4.44. Acts repealed on January 1, 2034. The following
3Acts are repealed on January 1, 2034:
4 The Illinois Certified Shorthand Reporters and Voice
5 Writer Reporters Act.
6 Section 10. The Oaths and Affirmations Act is amended by
7changing Sections 1 and 2 as follows:
8 (5 ILCS 255/1) (from Ch. 101, par. 1)
9 Sec. 1. Oaths and affirmations. All courts, and all judges
10and the clerk thereof, the county clerk, deputy county clerk,
11notaries public, and persons certified under the Illinois
12Certified Shorthand Reporters and Voice Writer Reporters Act
13of 1984 have the power to administer oaths and affirmations to
14witnesses and others, concerning anything commenced or to be
15commenced, or pending before them respectively.
16(Source: P.A. 90-294, eff. 8-1-97.)
17 (5 ILCS 255/2) (from Ch. 101, par. 2)
18 Sec. 2. Affidavits and depositions. All courts, and
19judges, and the clerks thereof, the county clerk, deputy
20county clerk, the Secretary of State, notaries public, and
21persons certified under the Illinois Certified Shorthand
22Reporters and Voice Writer Reporters Act of 1984 may

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1administer all oaths of office and all other oaths authorized
2or required of any officer or other person, and take
3affidavits and depositions concerning any matter or thing,
4process or proceeding commenced or to be commenced, or pending
5in any court or before them, or on any occasion wherein any
6affidavit or deposition is authorized or required by law to be
7taken.
8 The same functions may be performed by any commissioned
9officer in active service of the armed forces of the United
10States, within or without the United States. Oaths, affidavits
11or depositions taken by or affirmations made before such
12officers need not be authenticated nor attested by any seal
13nor shall any instruments executed or proceedings had before
14such officers be invalid because the place of the proceedings
15or of the execution is not stated.
16(Source: P.A. 97-36, eff. 1-1-12.)
17 Section 15. The Department of Professional Regulation Law
18of the Civil Administrative Code of Illinois is amended by
19changing Section 2105-115 as follows:
20 (20 ILCS 2105/2105-115) (was 20 ILCS 2105/60f)
21 Sec. 2105-115. Certified shorthand reporter or certified
22voice writer reporter; transcript. The Department, at its
23expense, shall provide a certified shorthand reporter or
24certified voice writer reporter to take down the testimony and

SB1940- 4 -LRB103 25306 AMQ 51651 b
1preserve a record of all proceedings at the hearing of any case
2in which a license may be revoked, suspended, placed on
3probationary status, reprimanded, fined, or subjected to other
4disciplinary action with reference to the license when a
5disciplinary action is authorized in any licensing Act
6administered by the Department. The notice, complaint, and all
7other documents in the nature of pleadings and written motions
8filed in the proceedings, the transcript of testimony, the
9report of the board, and the orders of the Department shall be
10the record of the proceedings. The Department shall furnish
11the record to any person interested in the hearing upon
12payment therefor of $1 per page. The Department may contract
13for court reporting services, and, in the event it does so, the
14Department shall provide the name and contact information for
15the certified shorthand reporter or certified voice writer
16reporter who transcribed the testimony at a hearing to any
17person interested, who may obtain a copy of the transcript of
18any proceedings at a hearing upon payment of the fee specified
19by the certified shorthand reporter or certified voice writer
20reporter. This charge is in addition to any fee charged by the
21Department for certifying the record.
22(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
23 Section 20. The Emergency Medical Services (EMS) Act is
24amended by changing Section 3.40 as follows:

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1 (210 ILCS 50/3.40)
2 Sec. 3.40. EMS System Participation Suspensions and Due
3Process.
4 (a) An EMS Medical Director may suspend from participation
5within the System any EMS personnel, EMS Lead Instructor (LI),
6individual, individual provider or other participant
7considered not to be meeting the requirements of the Program
8Plan of that approved EMS System.
9 (b) Prior to suspending any individual or entity, an EMS
10Medical Director shall provide an opportunity for a hearing
11before the local System review board in accordance with
12subsection (f) and the rules promulgated by the Department.
13 (1) If the local System review board affirms or
14 modifies the EMS Medical Director's suspension order, the
15 individual or entity shall have the opportunity for a
16 review of the local board's decision by the State EMS
17 Disciplinary Review Board, pursuant to Section 3.45 of
18 this Act.
19 (2) If the local System review board reverses or
20 modifies the EMS Medical Director's order, the EMS Medical
21 Director shall have the opportunity for a review of the
22 local board's decision by the State EMS Disciplinary
23 Review Board, pursuant to Section 3.45 of this Act.
24 (3) The suspension shall commence only upon the
25 occurrence of one of the following:
26 (A) the individual or entity has waived the

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1 opportunity for a hearing before the local System
2 review board; or
3 (B) the order has been affirmed or modified by the
4 local system review board and the individual or entity
5 has waived the opportunity for review by the State
6 Board; or
7 (C) the order has been affirmed or modified by the
8 local system review board, and the local board's
9 decision has been affirmed or modified by the State
10 Board.
11 (c) An EMS Medical Director may immediately suspend an
12EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA,
13PHAPRN, or other individual or entity if he or she finds that
14the continuation in practice by the individual or entity would
15constitute an imminent danger to the public. The suspended
16individual or entity shall be issued an immediate verbal
17notification followed by a written suspension order by the EMS
18Medical Director which states the length, terms and basis for
19the suspension.
20 (1) Within 24 hours following the commencement of the
21 suspension, the EMS Medical Director shall deliver to the
22 Department, by messenger, telefax, or other
23 Department-approved electronic communication, a copy of
24 the suspension order and copies of any written materials
25 which relate to the EMS Medical Director's decision to
26 suspend the individual or entity. All medical and

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1 patient-specific information, including Department
2 findings with respect to the quality of care rendered,
3 shall be strictly confidential pursuant to the Medical
4 Studies Act (Part 21 of Article VIII of the Code of Civil
5 Procedure).
6 (2) Within 24 hours following the commencement of the
7 suspension, the suspended individual or entity may deliver
8 to the Department, by messenger, telefax, or other
9 Department-approved electronic communication, a written
10 response to the suspension order and copies of any written
11 materials which the individual or entity feels are
12 appropriate. All medical and patient-specific information,
13 including Department findings with respect to the quality
14 of care rendered, shall be strictly confidential pursuant
15 to the Medical Studies Act.
16 (3) Within 24 hours following receipt of the EMS
17 Medical Director's suspension order or the individual or
18 entity's written response, whichever is later, the
19 Director or the Director's designee shall determine
20 whether the suspension should be stayed pending an
21 opportunity for a hearing or review in accordance with
22 this Act, or whether the suspension should continue during
23 the course of that hearing or review. The Director or the
24 Director's designee shall issue this determination to the
25 EMS Medical Director, who shall immediately notify the
26 suspended individual or entity. The suspension shall

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1 remain in effect during this period of review by the
2 Director or the Director's designee.
3 (d) Upon issuance of a suspension order for reasons
4directly related to medical care, the EMS Medical Director
5shall also provide the individual or entity with the
6opportunity for a hearing before the local System review
7board, in accordance with subsection (f) and the rules
8promulgated by the Department.
9 (1) If the local System review board affirms or
10 modifies the EMS Medical Director's suspension order, the
11 individual or entity shall have the opportunity for a
12 review of the local board's decision by the State EMS
13 Disciplinary Review Board, pursuant to Section 3.45 of
14 this Act.
15 (2) If the local System review board reverses or
16 modifies the EMS Medical Director's suspension order, the
17 EMS Medical Director shall have the opportunity for a
18 review of the local board's decision by the State EMS
19 Disciplinary Review Board, pursuant to Section 3.45 of
20 this Act.
21 (3) The suspended individual or entity may elect to
22 bypass the local System review board and seek direct
23 review of the EMS Medical Director's suspension order by
24 the State EMS Disciplinary Review Board.
25 (e) The Resource Hospital shall designate a local System
26review board in accordance with the rules of the Department,

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1for the purpose of providing a hearing to any individual or
2entity participating within the System who is suspended from
3participation by the EMS Medical Director. The EMS Medical
4Director shall arrange for a certified shorthand reporter or
5certified voice writer reporter to make a stenographic record
6of that hearing and thereafter prepare a transcript of the
7proceedings. The transcript, all documents or materials
8received as evidence during the hearing and the local System
9review board's written decision shall be retained in the
10custody of the EMS system. The System shall implement a
11decision of the local System review board unless that decision
12has been appealed to the State Emergency Medical Services
13Disciplinary Review Board in accordance with this Act and the
14rules of the Department.
15 (f) The Resource Hospital shall implement a decision of
16the State Emergency Medical Services Disciplinary Review Board
17which has been rendered in accordance with this Act and the
18rules of the Department.
19(Source: P.A. 100-201, eff. 8-18-17; 100-1082, eff. 8-24-19.)
20 Section 25. The Dietitian Nutritionist Practice Act is
21amended by changing Section 110 as follows:
22 (225 ILCS 30/110) (from Ch. 111, par. 8401-110)
23 (Section scheduled to be repealed on January 1, 2028)
24 Sec. 110. Record of hearing. The Department, at its

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1expense, shall provide a certified shorthand reporter or
2certified voice writer reporter to take down the testimony and
3preserve a record of all proceedings at the hearing of any case
4in which a licensee may be revoked, suspended, placed on
5probationary status, reprimanded, fined, or subjected to other
6disciplinary action with reference to the license when a
7disciplinary action is authorized under this Act and its
8rules. The notice of hearing, complaint, and all other
9documents in the nature of pleadings and written portions
10filed in the proceedings, the transcript of the testimony, the
11report of the hearing officer, and the orders of the
12Department shall be the records of the proceedings. The record
13may be made available to any person interested in the hearing
14upon payment of the fee required by Section 2105-115 of the
15Department of Professional Regulation Law of the Civil
16Administrative Code of Illinois.
17(Source: P.A. 102-945, eff. 1-1-23.)
18 Section 30. The Funeral Directors and Embalmers Licensing
19Code is amended by changing Section 15-20 as follows:
20 (225 ILCS 41/15-20)
21 (Section scheduled to be repealed on January 1, 2028)
22 Sec. 15-20. Transcript; record of proceedings.
23 (a) The Department, at its expense, shall provide a
24certified shorthand reporter or certified voice writer

SB1940- 11 -LRB103 25306 AMQ 51651 b
1reporter to take down the testimony and preserve a record of
2all proceedings at the hearing of any case in which a licensee
3may be revoked, suspended, placed on probationary status,
4reprimanded, fined, or subjected to other disciplinary action
5with reference to the license when a disciplinary action is
6authorized under this Act and rules. The notice of hearing,
7complaint, and all other documents in the nature of pleadings
8and written portions filed in the proceedings, the transcript
9of the testimony, the report of the hearing officer, and the
10orders of the Department shall be the records of the
11proceedings. The record may be made available to any person
12interested in the hearing upon payment of the fee required by
13Section 2105-115 of the Department of Professional Regulation
14Law of the Civil Administrative Code of Illinois.
15 (b) The Department may contract for court reporting
16services, and, if it does so, the Department shall provide the
17name and contact information for the certified shorthand
18reporter or certified voice writer reporter who transcribed
19the testimony at a hearing to any person interested, who may
20obtain a copy of the transcript of any proceedings at a hearing
21upon payment of the fee specified by the certified shorthand
22reporter or certified voice writer reporter.
23(Source: P.A. 102-881, eff. 1-1-23.)
24 Section 35. The Illinois Funeral or Burial Funds Act is
25amended by changing Sections 3b and 3d as follows:

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1 (225 ILCS 45/3b) (from Ch. 111 1/2, par. 73.103b)
2 Sec. 3b. The Comptroller, at his expense, shall provide a
3certified shorthand reporter or certified voice writer
4reporter to take down the testimony and preserve a record of
5all proceedings at the hearing of any case involving the
6refusal to issue or renew a license, the suspension or
7revocation of a license, the imposition of a monetary penalty,
8or the referral of a case for criminal prosecution. The record
9of any such proceeding shall consist of the notice of hearing,
10complaint, all other documents in the nature of pleadings and
11written motions filed in the proceedings, the transcript of
12testimony and the report and orders of the Comptroller. Copies
13of the transcript of such record may be purchased from the
14certified shorthand reporter or certified voice writer
15reporter who prepared the record.
16(Source: P.A. 84-839.)
17 (225 ILCS 45/3d) (from Ch. 111 1/2, par. 73.103d)
18 Sec. 3d. Any person affected by a final administrative
19decision of the Comptroller may have such decision reviewed
20judicially by the circuit court of the county where such
21person resides, or in the case of a corporation, where the
22registered office is located. If the plaintiff in the review
23proceeding is not a resident of this State, venue shall be in
24Sangamon County. The provisions of the Administrative Review

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1Law, as now or hereafter amended, and any rules adopted
2thereunder shall govern all proceedings for the judicial
3review of final administrative decisions of the Comptroller.
4The term "administrative decision" is defined as in the
5Administrative Review Law.
6 The Comptroller is not required to certify the record of
7the proceeding unless the plaintiff in the review proceedings
8has purchased a copy of the transcript from the certified
9shorthand reporter or certified voice writer reporter who
10prepared the record. Exhibits shall be certified without cost.
11(Source: P.A. 84-839.)
12 Section 40. The Home Medical Equipment and Services
13Provider License Act is amended by changing Section 100 as
14follows:
15 (225 ILCS 51/100)
16 (Section scheduled to be repealed on January 1, 2028)
17 Sec. 100. Shorthand reporter or voice writer reporter;
18transcript. The Department, at its expense, shall provide a
19shorthand reporter or voice writer reporter to take down the
20testimony and preserve a record of all proceedings at the
21formal hearing of any case involving the refusal to issue or
22renew a license or the discipline of a licensee. The notice of
23hearing, complaint, and all other documents in the nature of
24pleadings, written motions filed in the proceedings, the

SB1940- 14 -LRB103 25306 AMQ 51651 b
1transcript of testimony, the report of the Board, and the
2order of the Department shall be the record of the proceeding.
3(Source: P.A. 100-525, eff. 9-22-17.)
4 Section 45. The Medical Practice Act of 1987 is amended by
5changing Section 39 as follows:
6 (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
7 (Section scheduled to be repealed on January 1, 2027)
8 Sec. 39. Certified shorthand reporter or certified voice
9writer reporter; record. The Department, at its expense, shall
10provide a certified shorthand reporter or certified voice
11writer reporter to take down the testimony and preserve a
12record of all proceedings at the hearing of any case wherein a
13license may be revoked, suspended, placed on probationary
14status, or other disciplinary action taken with regard thereto
15in accordance with Section 2105-115 of the Department of
16Professional Regulation Law of the Civil Administrative Code
17of Illinois. The notice of hearing, complaint and all other
18documents in the nature of pleadings and written motions filed
19in the proceedings, the transcript of testimony, the report of
20the hearing officer, exhibits, the report of the Medical
21Board, and the orders of the Department constitute the record
22of the proceedings.
23(Source: P.A. 101-316, eff. 8-9-19; 102-20, eff. 1-1-22.)

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1 Section 50. The Boxing and Full-contact Martial Arts Act
2is amended by changing Section 20 as follows:
3 (225 ILCS 105/20) (from Ch. 111, par. 5020)
4 (Section scheduled to be repealed on January 1, 2027)
5 Sec. 20. Record of proceeding.
6 (a) The Department, at its expense, shall provide a
7certified shorthand reporter or certified voice writer
8reporter to take down the testimony and preserve a record of
9all proceedings at the hearing of any case in which a licensee
10may be revoked, suspended, placed on probationary status,
11reprimanded, fined, or subjected to other disciplinary action
12with reference to the license when a disciplinary action is
13authorized under this Act and rules. The notice of hearing,
14complaint, and all other documents in the nature of pleadings
15and written portions filed in the proceedings, the transcript
16of the testimony, the report of the hearing officer, and the
17orders of the Department shall be the record of the
18proceedings. The record may be made available to any person
19interested in the hearing upon payment of the fee required by
20Section 2105-115 of the Department of Professional Regulation
21Law of the Civil Administrative Code of Illinois.
22 (b) The Department may contract for court reporting
23services, and, if it does so, the Department shall provide the
24name and contact information for the certified shorthand
25reporter or certified voice writer reporter who transcribed

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1the testimony at a hearing to any person interested, who may
2obtain a copy of the transcript of any proceedings at a hearing
3upon payment of the fee specified by the certified shorthand
4reporter or certified voice writer reporter.
5(Source: P.A. 102-20, eff. 1-1-22.)
6 Section 55. The Perfusionist Practice Act is amended by
7changing Section 125 as follows:
8 (225 ILCS 125/125)
9 (Section scheduled to be repealed on January 1, 2030)
10 Sec. 125. Record of proceedings.
11 (a) The Department, at its expense, shall preserve a
12record of all proceedings at the formal hearing of any case in
13which a license under this Act may be revoked, suspended,
14placed on probationary status, reprimanded, fined, or
15subjected to other disciplinary action with reference to the
16license when a disciplinary action is authorized under this
17Act and rules. The notice of hearing, complaint, and all other
18documents in the nature of pleadings and written motions filed
19in the proceedings, the transcript of testimony, the report of
20the Board or hearing officer, and orders of the Department
21shall be the record of the proceeding. The record may be made
22available to any person interested in the hearing on payment
23of the fee required under Section 2105-115 of the Department
24of Professional Regulation Law.

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1 (b) The Department may contract for court reporting
2services, and, if it does so, the Department shall provide the
3name and contact information for the certified shorthand
4reporter or certified voice writer reporter who transcribed
5the testimony at a hearing to any person interested, who may
6obtain a copy of the transcript of any proceedings at a hearing
7upon payment of the fee specified by the certified shorthand
8reporter or certified voice writer reporter.
9(Source: P.A. 101-311, eff. 8-9-19.)
10 Section 60. The Illinois Explosives Act is amended by
11changing Section 5004 as follows
12 (225 ILCS 210/5004) (from Ch. 96 1/2, par. 1-5004)
13 Sec. 5004. Record of proceedings; transcript. The
14Department or aggrieved party may provide at its or his or her
15expense a certified shorthand reporter or certified voice
16writer reporter to take down the testimony and preserve a
17record of all proceedings at the hearing of any case involving
18denial or refusal to issue or renew a license or certificate,
19or the suspension or revocation or other discipline of a
20license or certificate. Copies of the transcript of such
21record may be purchased from the certified shorthand reporter
22or certified voice writer reporter who prepared the record.
23(Source: P.A. 96-1194, eff. 1-1-11.)

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1 Section 65. The Illinois Architecture Practice Act of 1989
2is amended by changing Section 25 as follows:
3 (225 ILCS 305/25) (from Ch. 111, par. 1325)
4 (Section scheduled to be repealed on January 1, 2030)
5 Sec. 25. Record of proceedings.
6 (a) The Department, at its expense, shall provide a
7certified shorthand reporter or certified voice writer
8reporter to take down the testimony and preserve a record of
9all proceedings at the hearing of any case in which a license
10may be revoked, suspended, placed on probationary status,
11reprimanded, fined, or subjected to other disciplinary action
12with reference to the license when a disciplinary action is
13authorized under this Act and rules. The notice of hearing,
14complaint, and all other documents in the nature of pleadings
15and written motions filed in the proceedings, the transcript
16of the testimony, the report of the Board, and the orders of
17the Department shall be the record of the proceedings. The
18record may be made available to any person interested in the
19hearing upon payment of the fee required by Section 2105-115
20of the Department of Professional Regulation Law of the Civil
21Administrative Code of Illinois.
22 (b) The Department may contract for court reporting
23services, and, if it does so, the Department shall provide the
24name and contact information for the certified shorthand
25reporter or certified voice writer reporter who transcribed

SB1940- 19 -LRB103 25306 AMQ 51651 b
1the testimony at a hearing to any person interested, who may
2obtain a copy of the transcript of any proceedings at a hearing
3upon payment of the fee specified by the certified shorthand
4reporter or certified voice writer.
5(Source: P.A. 101-346, eff. 8-9-19.)
6 Section 70. The Landscape Architecture Registration Act is
7amended by changing Section 95 as follows:
8 (225 ILCS 316/95)
9 (Section scheduled to be repealed on January 1, 2027)
10 Sec. 95. Record of proceedings.
11 (a) The Department, at its expense, shall provide a
12certified shorthand reporter or certified voice writer
13reporter to take down the testimony and preserve a record of
14all proceedings in which a registrant may have their
15registration revoked or suspended or in which the registrant
16may be placed on probationary status, reprimanded, fined, or
17subjected to other disciplinary action with reference to the
18registration when a disciplinary action is authorized under
19this Act and rules issued pursuant to this Act. The notice of
20hearing, complaint, and all other documents in the nature of
21pleadings and written motions filed in the proceedings, the
22transcript of the testimony, and the orders of the Department
23shall be the record of the proceedings. The record may be made
24available to any person interested in the hearing upon payment

SB1940- 20 -LRB103 25306 AMQ 51651 b
1of the fee required by Section 2105-115 of the Department of
2Professional Regulation Law.
3 (b) The Department may contract for court reporting
4services, and, if it does so, the Department shall provide the
5name and contact information for the certified shorthand
6reporter or certified voice writer reporter who transcribed
7the testimony at a hearing to any person interested, who may
8obtain a copy of the transcript of any proceedings at a hearing
9upon payment of the fee specified by the certified shorthand
10reporter or certified voice writer reporter.
11(Source: P.A. 102-284, eff. 8-6-21.)
12 Section 75. The Professional Engineering Practice Act of
131989 is amended by changing Section 27 as follows:
14 (225 ILCS 325/27) (from Ch. 111, par. 5227)
15 (Section scheduled to be repealed on January 1, 2030)
16 Sec. 27. Record of proceedings.
17 (a) The Department, at its expense, shall provide a
18certified shorthand reporter or certified voice writer
19reporter to take down the testimony and preserve a record of
20all proceedings at the hearing of any case in which a license
21may be revoked or suspended or in which a licensee may be
22placed on probationary status, reprimanded, fined, or
23subjected to other disciplinary action with reference to the
24license when a disciplinary action is authorized under this

SB1940- 21 -LRB103 25306 AMQ 51651 b
1Act and its rules. The notice of hearing, complaint, and all
2other documents in the nature of pleadings and written motions
3filed in the proceedings, the transcript of the testimony, the
4report of the Board, and the orders of the Department shall be
5the record of the proceedings. The record may be made
6available to any person interested in the hearing upon payment
7of the fee required by Section 2105-115 of the Department of
8Professional Regulation Law of the Civil Administrative Code
9of Illinois.
10 (b) The Department may contract for court reporting
11services, and, if it does so, the Department shall provide the
12name and contact information for the certified shorthand
13reporter or certified voice writer reporter who transcribed
14the testimony at a hearing to any person interested, who may
15obtain a copy of the transcript of any proceedings at a hearing
16upon payment of the fee specified by the certified shorthand
17reporter or certified voice writer reporter.
18(Source: P.A. 101-310, eff. 8-9-19.)
19 Section 80. The Illinois Professional Land Surveyor Act of
201989 is amended by changing Section 30 as follows:
21 (225 ILCS 330/30) (from Ch. 111, par. 3280)
22 (Section scheduled to be repealed on January 1, 2030)
23 Sec. 30. Record of proceedings.
24 (a) The Department, at its expense, shall provide a

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1certified shorthand reporter or certified voice writer
2reporter to take down the testimony and preserve a record of
3all proceedings at the hearing of any case where a license may
4be revoked, suspended, placed on probationary status,
5reprimanded, fined, or subjected to other disciplinary action
6with reference to the license when a disciplinary action is
7authorized under this Act and its rules. The notice of
8hearing, complaint, and all other documents in the nature of
9pleadings and written motions filed in the proceedings, the
10transcript of testimony, the report of the Board, and the
11orders of the Department shall be the record of the
12proceedings. The record may be made available to any person
13interested in the hearing upon payment of the fee required by
14Section 2105-115 of the Department of Professional Regulation
15Law of the Civil Administrative Code of Illinois.
16 (b) The Department may contract for court reporting
17services, and, if it does so, the Department shall provide the
18name and contact information for the certified shorthand
19reporter or certified voice writer reporter who transcribed
20the testimony at a hearing to any person interested, who may
21obtain a copy of the transcript of any proceedings at a hearing
22upon payment of the fee specified by the certified shorthand
23reporter or certified voice writer reporter.
24(Source: P.A. 101-313, eff. 8-9-19.)
25 Section 85. The Structural Engineering Practice Act of

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11989 is amended by changing Section 23 as follows:
2 (225 ILCS 340/23) (from Ch. 111, par. 6623)
3 (Section scheduled to be repealed on January 1, 2030)
4 Sec. 23. Record of proceedings.
5 (a) The Department, at its expense, shall provide a
6certified shorthand reporter or certified voice writer
7reporter to take down the testimony and preserve a record of
8all proceedings at the hearing of any case in which a license
9may be revoked or suspended or a licensee placed on
10probationary status, reprimanded, fined, or subjected to other
11disciplinary action with reference to the license when a
12disciplinary action is authorized under this Act and its
13rules. The notice of hearing, complaint, and all other
14documents in the nature of pleadings and written motions filed
15in the proceedings, the transcript of the testimony, the
16report of the Board or hearing officer, and the orders of the
17Department shall be the record of the proceedings. The record
18may be made available to any person interested in the hearing
19upon payment of the fee required by Section 2105-115 of the
20Department of Professional Regulation Law of the Civil
21Administrative Code of Illinois.
22 (b) The Department may contract for court reporting
23services, and, if it does so, the Department shall provide the
24name and contact information for the certified shorthand
25reporter or certified voice writer reporter who transcribed

SB1940- 24 -LRB103 25306 AMQ 51651 b
1the testimony at a hearing to any person interested, who may
2obtain a copy of the transcript of any proceedings at a hearing
3upon payment of the fee specified by the certified shorthand
4reporter or certified voice writer reporter.
5(Source: P.A. 101-312, eff. 8-9-19.)
6 Section 90. The Cemetery Oversight Act is amended by
7changing Section 25-35 as follows:
8 (225 ILCS 411/25-35)
9 (Section scheduled to be repealed on January 1, 2027)
10 Sec. 25-35. Record of proceedings.
11 (a) The Department, at its expense, shall provide a
12certified shorthand reporter or certified voice writer
13reporter to take down the testimony and preserve a record of
14all proceedings at the hearing of any case in which a licensee
15may be revoked, suspended, placed on probationary status,
16reprimanded, fined, or subjected to other disciplinary action
17with reference to the license when a disciplinary action is
18authorized under this Act and rules. The notice of hearing,
19complaint, and all other documents in the nature of pleadings
20and written portions filed in the proceedings, the transcript
21of the testimony, the report of the hearing officer, and the
22orders of the Department shall be the record of the
23proceedings. The record may be made available to any person
24interested in the hearing upon payment of the fee required by

SB1940- 25 -LRB103 25306 AMQ 51651 b
1Section 2105-115 of the Department of Professional Regulation
2Law.
3 (b) The Department may contract for court reporting
4services, and, if it does so, the Department shall provide the
5name and contact information for the certified shorthand
6reporter or certified voice writer reporter who transcribed
7the testimony at a hearing to any person interested, who may
8obtain a copy of the transcript of any proceedings at a hearing
9upon payment of the fee specified by the certified shorthand
10reporter or certified voice writer reporter.
11(Source: P.A. 102-20, eff. 6-25-21.)
12 Section 95. The Illinois Certified Shorthand Reporters Act
13of 1984 is amended by changing the title of the Act and
14Sections 1, 2, 3, 3.5, 4, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16,
1523, 23.1, 23.3, 23.4, 23.10, 23.13, 25, 26, 26.1, 27, and 28 as
16follows:
17 (225 ILCS 415/Act title)
18 An Act concerning the regulation of shorthand reporting
19and voice writer reporting.
20 (225 ILCS 415/1) (from Ch. 111, par. 6201)
21 (Section scheduled to be repealed on January 1, 2024)
22 Sec. 1. The practice of shorthand reporting and voice
23writer reporting in the State of Illinois is hereby declared

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1to affect the public health, safety, and welfare and to be
2subject to regulation and control in the public interest. This
3Act is designed to encourage proficiency in the methods
4practice of shorthand reporting and voice writer reporting as
5a profession; to promote efficiency in court and general
6reporting; and to extend to the public the protection afforded
7by a standardized profession by establishing standards a
8standard of competency for certified shorthand reporters and
9voice writer reporters. It is further declared that, in order
10for the practice of shorthand reporting and voice writer
11reporting as defined in this Act to merit and receive the
12confidence of the public, only qualified persons shall be
13authorized to practice shorthand reporting and voice writer
14reporting in the State of Illinois. This Act shall be
15liberally construed to best carry out these subjects and
16purposes.
17(Source: P.A. 83-73.)
18 (225 ILCS 415/2) (from Ch. 111, par. 6202)
19 (Section scheduled to be repealed on January 1, 2024)
20 Sec. 2. This Act may be cited as the Illinois Certified
21Shorthand Reporters and Voice Writer Reporters Act of 1984.
22(Source: P.A. 87-481.)
23 (225 ILCS 415/3) (from Ch. 111, par. 6203)
24 (Section scheduled to be repealed on January 1, 2024)

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1 Sec. 3. License required. No person may practice shorthand
2reporting or voice writer reporting on a temporary or
3permanent basis in this State without being certified under
4this Act. This Act does not prohibit any non-resident
5practicing shorthand reporter or non-resident practicing voice
6writer reporter from practicing shorthand reporting or voice
7writer reporting in this State as to one single proceeding.
8(Source: P.A. 98-445, eff. 12-31-13.)
9 (225 ILCS 415/3.5)
10 (Section scheduled to be repealed on January 1, 2024)
11 Sec. 3.5. Uncertified practice; violation; civil penalty.
12 (a) Any person who practices, offers to practice, attempts
13to practice, or holds oneself out to practice as a shorthand
14reporter or a voice writer reporter without being certified
15under this Act shall, in addition to any other penalty
16provided by law, pay a civil penalty to the Department in an
17amount not to exceed $10,000 for each offense as determined by
18the Department and the assessment of costs as provided under
19Section 23.3 of this Act. The civil penalty shall be assessed
20by the Department after a hearing is held in accordance with
21the provisions set forth in this Act regarding the provision
22of a hearing for the discipline of a licensee.
23 (b) The Department has the authority and power to
24investigate any and all unlicensed activity.
25 (c) The civil penalty shall be paid within 60 days after

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1the effective date of the order imposing the civil penalty.
2The order shall constitute a judgment and may be filed and
3execution had thereon in the same manner as any judgment from
4any court of record.
5 (d) All moneys collected under this Section shall be
6deposited into the General Professions Dedicated Fund.
7(Source: P.A. 98-445, eff. 12-31-13.)
8 (225 ILCS 415/4) (from Ch. 111, par. 6204)
9 (Section scheduled to be repealed on January 1, 2024)
10 Sec. 4. In this Act:
11 (1) "Department" means the Department of Financial and
12Professional Regulation.
13 (2) "Secretary" means the Secretary of Financial and
14Professional Regulation.
15 (3) "Board" means the Certified Shorthand Reporters and
16Voice Writer Reporters Board appointed by the Secretary.
17 (4) "The practice of shorthand reporting" means reporting,
18by the use of any system of manual or mechanical shorthand
19writing, of Grand Jury proceedings, court proceedings,
20court-related court related proceedings, pretrial
21examinations, depositions, motions and related proceedings of
22like character, or proceedings of an administrative agency
23when the final decision of the agency with reference thereto
24is likely to be subject to judicial review under the
25provisions of the Administrative Review Law.

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1 (5) "Shorthand reporter" means a person who is technically
2qualified and certified under this Act to practice shorthand
3reporting.
4 (6) "Stenographic notes" means the original notes by
5manual or mechanical shorthand or shorthand writing taken by a
6shorthand reporter of a proceeding while in attendance at such
7proceeding for the purpose of reporting the same.
8 (7) "Address of record" means the designated address
9recorded by the Department in the applicant's or licensee's
10application file or license file as maintained by the
11Department's licensure maintenance unit. It is the duty of the
12applicant or licensee to inform the Department of any change
13of address and those changes must be made either through the
14Department's Internet website or by contacting the Department.
15 (8) "The practice of voice writer reporting" means
16reporting, by the use of a system of repeating words of the
17speaker into a closed microphone voice dictation silencer that
18is capable of digital translation into text of grand jury
19proceedings, court proceedings, court-related proceedings,
20pretrial examinations, depositions, motions, and related
21proceedings of like character, or proceedings of an
22administrative agency when the final decision of the
23administrative agency is likely to be subject to judicial
24review under the provisions of the Administrative Review Law.
25 (9) "Voice writer notes" means the original record by
26voice dictation taken by a voice writer reporter of a

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1proceeding while in attendance at such proceeding for the
2purpose of reporting the same.
3 (10) "Voice writer reporter" means a person who is
4technically qualified and certified under this Act to practice
5voice writer reporting.
6(Source: P.A. 98-445, eff. 12-31-13.)
7 (225 ILCS 415/5) (from Ch. 111, par. 6205)
8 (Section scheduled to be repealed on January 1, 2024)
9 Sec. 5. Use of titles Title.
10 (a) Every person to whom a valid existing certificate as a
11certified shorthand reporter has been issued under this Act
12shall be designated as a Certified Shorthand Reporter and not
13otherwise, and any such certified shorthand reporter may, in
14connection with his or her practice of shorthand reporting,
15use the abbreviation "C.S.R." or the title "Court Reporter".
16 (b) Every person to whom a valid existing certificate as a
17certified voice writer reporter has been issued under this Act
18shall be designated as a certified voice writer reporter and
19not otherwise, and any such certified voice writer reporter
20may use, in connection with the individual's practice of voice
21writer reporting, the abbreviation "C.V.W.R" or phrase "voice
22writer reporter".
23 (c) No person, other than the holder of a valid existing
24certificate under this Act, shall use the applicable titles or
25designations authorized under this Section. A person may hold

SB1940- 31 -LRB103 25306 AMQ 51651 b
1valid certificates both as a certified shorthand reporter and
2as a certified voice writer reporter under this Act and may use
3the titles authorized by this Section in connection with the
4person's profession or business. No person other than the
5holder of a valid existing certificate under this Act shall
6use the title or designation of "Certified Shorthand
7Reporter", "Court Reporter",or "C.S.R.", either directly or
8indirectly in connection with his or her profession or
9business.
10(Source: P.A. 90-49, eff. 7-3-97.)
11 (225 ILCS 415/6) (from Ch. 111, par. 6206)
12 (Section scheduled to be repealed on January 1, 2024)
13 Sec. 6. Restricted certificate. Upon receipt of a written
14request from the Chief Judge of the reporter's circuit, the
15Department shall, upon payment of the required fee, issue to
16any reporter who has been appointed in counties of less than
171,000,000 in population, has been examined under the Court
18Reporters Act, and has achieved an "A" proficiency rating, a
19restricted certificate by which such official court reporter
20may then lawfully engage in reporting only court proceedings
21to which the individual he may be assigned by the Chief Judge
22of the individual's his circuit.
23(Source: P.A. 98-445, eff. 12-31-13.)
24 (225 ILCS 415/8) (from Ch. 111, par. 6208)

SB1940- 32 -LRB103 25306 AMQ 51651 b
1 (Section scheduled to be repealed on January 1, 2024)
2 Sec. 8. Certified Shorthand Reporters and Voice Writer
3Reporters Board. The Secretary shall appoint a Certified
4Shorthand Reporters and Voice Writer Reporters Board as
5follows: 7 persons who shall be appointed by and shall serve in
6an advisory capacity to the Secretary. At least 5 Six members
7must be certified shorthand reporters, in good standing, and
8actively engaged in the practice of shorthand reporting in
9this State for at least 10 ten years who have not been subject
10to disciplinary action during the 10 years immediately prior
11to the date of appointment to the Board. One member may be a
12certified voice writer reporter who is actively engaged in the
13practice of voice writer reporting and is in good standing in
14this State; except for the initial appointment, the appointee
15must be actively engaged in the practice of voice writer
16reporting and meet the qualifications for certification under
17this Act. One , and one member must be a member of the public
18who is not certified under this Act, or a similar Act of
19another jurisdiction. Members of the Board shall have no
20liability in any action based upon any disciplinary proceeding
21or other activity performed in good faith as members of the
22Board.
23 Members shall serve 4 year terms and until their
24successors are appointed and qualified. No member shall be
25reappointed to the Board for a term that would cause the
26member's his continuous service on the Board to be longer than

SB1940- 33 -LRB103 25306 AMQ 51651 b
12 full consecutive terms. Appointments to fill vacancies shall
2be made in the same manner as original appointments, for the
3unexpired portion of the vacated term.
4 In making appointments to the Board, the Secretary shall
5give consideration to recommendations by national and State
6organizations of the shorthand reporter and voice writer
7reporter professions profession.
8 Four members of the Board shall constitute a quorum. A
9quorum is required for all Board decisions.
10 The Secretary may remove or suspend any member of the
11Board for cause at any time before the expiration of his or her
12term. The Secretary shall be the sole arbiter of cause.
13 The Secretary shall consider the recommendations of the
14Board on questions involving standards of professional
15conduct, discipline and qualifications of candidates and
16certificate holders under this Act.
17 Members of the Board shall be reimbursed for all
18legitimate, necessary, and authorized expenses incurred in
19attending the meetings of the Board.
20 Members of the Board have no liability in any action based
21upon any disciplinary proceedings or other activity performed
22in good faith as members of the Board.
23(Source: P.A. 98-445, eff. 12-31-13.)
24 (225 ILCS 415/9) (from Ch. 111, par. 6209)
25 (Section scheduled to be repealed on January 1, 2024)

SB1940- 34 -LRB103 25306 AMQ 51651 b
1 Sec. 9. Qualifications. Applications for original
2certificates shall be made to the Department in writing on
3forms prescribed by the Department and shall be accompanied by
4the required fee, which shall not be returnable. Any such
5application shall require such information as in the judgment
6of the Department will enable the Department to pass on the
7qualifications of the applicant for certification.
8 In determining competency, the Department shall require
9proof that the applicant has a good understanding of the
10English language, including reading, spelling, and vocabulary,
11and that the applicant has sufficient ability to accurately
12report any of the matters comprising the practice of shorthand
13reporting or the practice of voice writer reporting, as herein
14defined, by the use of any system of manual or mechanical
15shorthand, or shorthand writing, or by the use of voice
16writing through the use of a closed microphone voice dictation
17silencer that is capable of digital translation into text, and
18a clear understanding of obligations between a shorthand
19reporter or a voice writer reporter and the parties to any
20proceedings reported, as well as the provisions of this Act.
21(Source: P.A. 98-445, eff. 12-31-13.)
22 (225 ILCS 415/10) (from Ch. 111, par. 6210)
23 (Section scheduled to be repealed on January 1, 2024)
24 Sec. 10. The Department shall authorize examinations at
25such time and place as it may designate. The examination shall

SB1940- 35 -LRB103 25306 AMQ 51651 b
1be of a character to give a fair test of the qualifications of
2the applicant to practice shorthand reporting or to practice
3voice writer reporting.
4 Applicants for examination as certified shorthand
5reporters and for examination as certified voice writer
6reporters shall be required to pay, either to the Department
7or the designated testing service, a fee covering the cost of
8providing the examination. Failure to appear for the
9examination on the scheduled date, at the time and place
10specified, after the applicant's application for examination
11has been received and acknowledged by the Department or the
12designated testing service, shall result in the forfeiture of
13the examination fee.
14 If an applicant neglects, fails or refuses to take the
15next available examination offered or fails to pass an
16examination for certification under this Act, the application
17shall be denied. If an applicant for examination for
18certification under this Act fails to pass the examination
19within 3 years after filing his application, the application
20shall be denied. However, such applicant may thereafter make a
21new application accompanied by the required fee.
22 The Department may employ consultants for the purpose of
23preparing and conducting examinations.
24 An applicant has one year from the date of notification of
25successful completion of the examination to apply to the
26Department for a license. If an applicant fails to apply

SB1940- 36 -LRB103 25306 AMQ 51651 b
1within one year, the applicant shall be required to take and
2pass the examination again unless licensed in another
3jurisdiction of the United States within one year of passing
4the examination.
5(Source: P.A. 98-445, eff. 12-31-13.)
6 (225 ILCS 415/11) (from Ch. 111, par. 6211)
7 (Section scheduled to be repealed on January 1, 2024)
8 Sec. 11. Qualifications; application.
9 (a) A person shall be qualified for certification as a
10certified shorthand reporter if:
11 (1) that A. That person has applied in writing in form
12 and substance to the Department; and:
13 (A) (blank) (1) (Blank);
14 (B) is (2) Is of good moral character, the
15 determination of which shall take into account, but
16 not be totally based upon, any felony conviction of
17 the applicant; and
18 (C) has (3) Has graduated from a high school or
19 secondary school or its equivalent; and
20 (2) that B. That person has successfully completed the
21 examination authorized by the Department.
22 Additional qualifications for the practice of shorthand
23reporting may be set by the Department by rule.
24 (b) A person shall be qualified for certification as a
25certified voice writer reporter if that person:

SB1940- 37 -LRB103 25306 AMQ 51651 b
1 (1) has applied in writing in form and substance
2 satisfactory to the Department;
3 (2) is of good moral character, the determination of
4 which shall take into account, but not totally be based
5 upon, any felony conviction of the applicant;
6 (3) has graduated from a high school or secondary
7 school or its equivalent;
8 (4) is trained in a voice writing method of reporting
9 as evidenced by a certificate of completion issued by the
10 school;
11 (5) has successfully completed the examination
12 authorized by the Department or submits a certification of
13 successful completion of an examination from another
14 jurisdiction that is the equivalent of the examination
15 authorized by the Department; and
16 (6) submits an official copy of a Certified Verbatim
17 Reporter Certificate or Certificate of Merit issued by the
18 National Verbatim Reporters Association.
19 Additional qualifications for the practice of voice writer
20reporting may be set by the Department by rule.
21(Source: P.A. 98-445, eff. 12-31-13.)
22 (225 ILCS 415/13) (from Ch. 111, par. 6213)
23 (Section scheduled to be repealed on January 1, 2024)
24 Sec. 13. No action or suit shall be instituted, nor
25recovery therein be had, in any court of this State by any

SB1940- 38 -LRB103 25306 AMQ 51651 b
1person for compensation for any act done or service rendered,
2the doing or rendering of which is prohibited under the
3provisions of this Act to other than certified shorthand
4reporters or certified voice writer reporters.
5(Source: P.A. 83-73.)
6 (225 ILCS 415/14) (from Ch. 111, par. 6214)
7 (Section scheduled to be repealed on January 1, 2024)
8 Sec. 14. Expiration, renewal, and military service. The
9expiration date and renewal period for each certificate issued
10under this Act shall be set by rule.
11 Any certified shorthand reporter or certified voice writer
12reporter who has permitted the his certificate to expire or
13who has had the his certificate on inactive status may have the
14his certificate restored by making application to the
15Department, filing proof acceptable to the Department of the
16reporter's his fitness to have the his certificate restored
17and paying the required restoration fee. The Department may
18consider a certificate expired less than 5 years as prima
19facie evidence that the applicant is fit. If a certificate has
20expired or has been placed on inactive status and the
21applicant has practiced in another jurisdiction during such
22period, satisfactory proof of fitness may include sworn
23evidence certifying to active practice in another
24jurisdiction.
25 If the certified shorthand reporter or certified voice

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1writer reporter has not maintained an active practice in
2another jurisdiction satisfactory to the Department, the
3Department shall determine, by an evaluation program
4established by rule, the reporter's his fitness to resume
5active status and shall, by rule, establish procedures and
6requirements for restoration.
7 However, any certified shorthand reporter or certified
8voice writer reporter whose certificate expired while the
9reporter he was (1) in Federal Service on active duty with the
10Armed Forces of the United States, or the State Militia called
11into service or training, or (2) in training or education
12under the supervision of the United States preliminary to
13induction into the military service, may have the reporter's
14his certificate renewed or restored without paying any lapsed
15renewal fees if within 2 years after termination of such
16service, training, or education except under conditions other
17than honorable, the reporter he furnished the Department with
18satisfactory evidence to the effect that the reporter he has
19been so engaged and that the reporter's his service, training,
20or education has been so terminated.
21(Source: P.A. 98-445, eff. 12-31-13.)
22 (225 ILCS 415/15) (from Ch. 111, par. 6215)
23 (Section scheduled to be repealed on January 1, 2024)
24 Sec. 15. Inactive status. Any certified shorthand reporter
25or certified voice writer reporter who notifies the Department

SB1940- 40 -LRB103 25306 AMQ 51651 b
1in writing on forms prescribed by the Department, may elect to
2place the reporter's his certificate on an inactive status and
3shall, subject to rules of the Department, be excused from
4payment of renewal fees until the reporter he notifies the
5Department in writing of the reporter's his desire to resume
6active status.
7 Any certified shorthand reporter or certified voice writer
8reporter requesting restoration from inactive status shall be
9required to pay the current renewal fee and shall be required
10to restore the reporter's his certificate, as provided in
11Section 14.
12 Any certified shorthand reporter or certified voice writer
13reporter whose certificate is in an inactive status shall not
14practice shorthand reporting or voice writer reporting in the
15State of Illinois.
16(Source: P.A. 98-445, eff. 12-31-13.)
17 (225 ILCS 415/16) (from Ch. 111, par. 6216)
18 (Section scheduled to be repealed on January 1, 2024)
19 Sec. 16. Endorsement; licensure without examination. The
20Department may certify as a certified shorthand reporter or as
21a certified voice writer reporter, without examination, on
22payment of the required fee, an applicant who is a certified
23shorthand reporter or certified voice writer reporter
24registered under the laws of another jurisdiction, if the
25requirements for certification of certified shorthand

SB1940- 41 -LRB103 25306 AMQ 51651 b
1reporters or certified voice writer reporters in that
2jurisdiction were, at the date of the reporter's his
3certification, substantially equivalent to the requirements in
4force in this State on that date.
5 Applicants have 3 years from the date of application to
6complete the application process. If the process has not been
7completed in 3 years, the application shall be denied, the fee
8forfeited and the applicant must reapply and meet the
9requirements in effect at the time of reapplication.
10(Source: P.A. 98-445, eff. 12-31-13.)
11 (225 ILCS 415/23) (from Ch. 111, par. 6223)
12 (Section scheduled to be repealed on January 1, 2024)
13 Sec. 23. Grounds for disciplinary action.
14 (a) The Department may refuse to issue or renew, or may
15revoke, suspend, place on probation, reprimand or take other
16disciplinary or non-disciplinary action as the Department may
17deem appropriate, including imposing fines not to exceed
18$10,000 for each violation and the assessment of costs as
19provided for in Section 23.3 of this Act, with regard to any
20license for any one or combination of the following:
21 (1) Material misstatement in furnishing information to
22 the Department;
23 (2) Violations of this Act, or of the rules
24 promulgated thereunder;
25 (3) Conviction by plea of guilty or nolo contendere,

SB1940- 42 -LRB103 25306 AMQ 51651 b
1 finding of guilt, jury verdict, or entry of judgment or by
2 sentencing of any crime, including, but not limited to,
3 convictions, preceding sentences of supervision,
4 conditional discharge, or first offender probation under
5 the laws of any jurisdiction of the United States: (i)
6 that is a felony or (ii) that is a misdemeanor, an
7 essential element of which is dishonesty, or that is
8 directly related to the practice of the profession;
9 (4) Fraud or any misrepresentation in applying for or
10 procuring a license under this Act or in connection with
11 applying for renewal of a license under this Act;
12 (5) Professional incompetence;
13 (6) Aiding or assisting another person, firm,
14 partnership or corporation in violating any provision of
15 this Act or rules;
16 (7) Failing, within 60 days, to provide information in
17 response to a written request made by the Department;
18 (8) Engaging in dishonorable, unethical or
19 unprofessional conduct of a character likely to deceive,
20 defraud or harm the public;
21 (9) Habitual or excessive use or abuse of drugs
22 defined in law as controlled substances, alcohol, or any
23 other substances that results in the inability to practice
24 with reasonable judgment, skill, or safety;
25 (10) Discipline by another state, unit of government,
26 government agency, the District of Columbia, a territory,

SB1940- 43 -LRB103 25306 AMQ 51651 b
1 or foreign nation, if at least one of the grounds for the
2 discipline is the same or substantially equivalent to
3 those set forth herein;
4 (11) Charging for professional services not rendered,
5 including filing false statements for the collection of
6 fees for which services were not rendered, or giving,
7 directly or indirectly, any gift or anything of value to
8 attorneys or their staff or any other persons or entities
9 associated with any litigation, that exceeds $100 total
10 per year; for the purposes of this Section, pro bono
11 services, as defined by State law, are permissible in any
12 amount;
13 (12) A finding by the Board that the certificate
14 holder, after having the holder's his certificate placed
15 on probationary status, has violated the terms of
16 probation;
17 (13) Willfully making or filing false records or
18 reports in the practice of shorthand reporting or in the
19 practice of voice writer reporting, including, but not
20 limited to, false records filed with State agencies or
21 departments;
22 (14) Physical illness, including, but not limited to,
23 deterioration through the aging process, or loss of motor
24 skill which results in the inability to practice under
25 this Act with reasonable judgment, skill, or safety;
26 (15) Solicitation of professional services other than

SB1940- 44 -LRB103 25306 AMQ 51651 b
1 by permitted advertising;
2 (16) Willful failure to take full and accurate
3 stenographic notes of any proceeding;
4 (17) Willful alteration of any stenographic notes
5 taken at any proceeding;
6 (18) Willful failure to accurately transcribe verbatim
7 any stenographic notes taken at any proceeding;
8 (19) Willful alteration of a transcript of
9 stenographic notes taken at any proceeding;
10 (20) Affixing one's signature to any transcript of his
11 stenographic notes or certifying to its correctness unless
12 the transcript has been prepared by him or under his
13 immediate supervision;
14 (21) Willful failure to systematically retain
15 stenographic notes or transcripts on paper or any
16 electronic media for 10 years from the date that the notes
17 or transcripts were taken;
18 (22) Failure to deliver transcripts in a timely manner
19 or in accordance with contractual agreements;
20 (23) Establishing contingent fees as a basis of
21 compensation;
22 (24) Mental illness or disability that results in the
23 inability to practice under this Act with reasonable
24 judgment, skill, or safety;
25 (25) Practicing under a false or assumed name, except
26 as provided by law;

SB1940- 45 -LRB103 25306 AMQ 51651 b
1 (26) Cheating on or attempting to subvert the
2 licensing examination administered under this Act;
3 (27) Allowing one's license under this Act to be used
4 by an unlicensed person in violation of this Act.
5 All fines imposed under this Section shall be paid within
660 days after the effective date of the order imposing the fine
7or in accordance with the terms set forth in the order imposing
8the fine.
9 (b) The determination by a circuit court that a
10certificate holder is subject to involuntary admission or
11judicial admission as provided in the Mental Health and
12Developmental Disabilities Code, operates as an automatic
13suspension. Such suspension will end only upon a finding by a
14court that the patient is no longer subject to involuntary
15admission or judicial admission, an order by the court so
16finding and discharging the patient. In any case where a
17license is suspended under this Section, the licensee may file
18a petition for restoration and shall include evidence
19acceptable to the Department that the licensee can resume
20practice in compliance with acceptable and prevailing
21standards of the profession.
22 (c) In cases where the Department of Healthcare and Family
23Services has previously determined a licensee or a potential
24licensee is more than 30 days delinquent in the payment of
25child support and has subsequently certified the delinquency
26to the Department, the Department may refuse to issue or renew

SB1940- 46 -LRB103 25306 AMQ 51651 b
1or may revoke or suspend that person's license or may take
2other disciplinary action against that person based solely
3upon the certification of delinquency made by the Department
4of Healthcare and Family Services in accordance with item (5)
5of subsection (a) of Section 2105-15 of the Civil
6Administrative Code of Illinois.
7 (d) In enforcing this Section, the Department, upon a
8showing of a possible violation, may compel any individual who
9is certified under this Act or any individual who has applied
10for certification under this Act to submit to a mental or
11physical examination and evaluation, or both, which may
12include a substance abuse or sexual offender evaluation, at
13the expense of the Department. The Department shall
14specifically designate the examining physician licensed to
15practice medicine in all of its branches or, if applicable,
16the multidisciplinary team involved in providing the mental or
17physical examination and evaluation, or both. The
18multidisciplinary team shall be led by a physician licensed to
19practice medicine in all of its branches and may consist of one
20or more or a combination of physicians licensed to practice
21medicine in all of its branches, licensed chiropractic
22physicians, licensed clinical psychologists, licensed clinical
23social workers, licensed clinical professional counselors, and
24other professional and administrative staff. Any examining
25physician or member of the multidisciplinary team may require
26any person ordered to submit to an examination and evaluation

SB1940- 47 -LRB103 25306 AMQ 51651 b
1pursuant to this Section to submit to any additional
2supplemental testing deemed necessary to complete any
3examination or evaluation process, including, but not limited
4to, blood testing, urinalysis, psychological testing, or
5neuropsychological testing.
6 The Department may order the examining physician or any
7member of the multidisciplinary team to provide to the
8Department any and all records, including business records,
9that relate to the examination and evaluation, including any
10supplemental testing performed. The Department may order the
11examining physician or any member of the multidisciplinary
12team to present testimony concerning this examination and
13evaluation of the certified shorthand reporter, certified
14voice writer reporter, or applicant, including testimony
15concerning any supplemental testing or documents relating to
16the examination and evaluation. No information, report,
17record, or other documents in any way related to the
18examination and evaluation shall be excluded by reason of any
19common law or statutory privilege relating to communication
20between the licensee or applicant and the examining physician
21or any member of the multidisciplinary team. No authorization
22is necessary from the certified shorthand reporter, certified
23voice writer reporter, or applicant ordered to undergo an
24evaluation and examination for the examining physician or any
25member of the multidisciplinary team to provide information,
26reports, records, or other documents or to provide any

SB1940- 48 -LRB103 25306 AMQ 51651 b
1testimony regarding the examination and evaluation. The
2individual to be examined may have, at his or her own expense,
3another physician of his or her choice present during all
4aspects of the examination.
5 Failure of any individual to submit to mental or physical
6examination and evaluation, or both, when directed, shall
7result in an automatic suspension, without hearing, until such
8time as the individual submits to the examination. If the
9Department finds a certified shorthand reporter or certified
10voice writer reporter unable to practice because of the
11reasons set forth in this Section, the Department shall
12require the certified shorthand reporter or certified voice
13writer reporter to submit to care, counseling, or treatment by
14physicians approved or designated by the Department, as a
15condition for continued, reinstated, or renewed certification.
16 When the Secretary immediately suspends a certificate
17under this Section, a hearing upon the person's certificate
18must be convened by the Department within 15 days after the
19suspension and completed without appreciable delay. The
20Department shall have the authority to review the certified
21shorthand reporter's or certified voice writer reporter's
22record of treatment and counseling regarding the impairment,
23to the extent permitted by applicable federal statutes and
24regulations safeguarding the confidentiality of medical
25records.
26 Individuals certified under this Act, affected under this

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1Section, shall be afforded an opportunity to demonstrate to
2the Department that they can resume practice in compliance
3with acceptable and prevailing standards under the provisions
4of their certification.
5 (e) (Blank).
6 (f) The Department may refuse to issue or may suspend
7without hearing, as provided for in the Code of Civil
8Procedure, the license of any person who fails to file a
9return, to pay the tax, penalty, or interest shown in a filed
10return, or to pay any final assessment of tax, penalty, or
11interest as required by any tax Act administered by the
12Illinois Department of Revenue, until such time as the
13requirements of any such tax Act are satisfied in accordance
14with subsection (g) of Section 2105-15 of the Civil
15Administrative Code of Illinois.
16(Source: P.A. 100-872, eff. 8-14-18.)
17 (225 ILCS 415/23.1) (from Ch. 111, par. 6224)
18 (Section scheduled to be repealed on January 1, 2024)
19 Sec. 23.1. Injunctive actions; order to cease and desist.
20 (a) If any person violates the provisions of this Act, the
21Secretary may, in the name of the People of the State of
22Illinois, through the Attorney General of the State of
23Illinois or the State's Attorney of the county in which the
24violation is alleged to have occurred, petition for an order
25enjoining such violation or for an order enforcing compliance

SB1940- 50 -LRB103 25306 AMQ 51651 b
1with this Act. Upon the filing of a verified petition in such
2court, the court may issue a temporary restraining order,
3without notice or bond, and may preliminarily and permanently
4enjoin such violation. If it is established that such person
5has violated or is violating the injunction, the court may
6punish the offender for contempt of court. Proceedings under
7this Section shall be in addition to, and not in lieu of, all
8other remedies and penalties provided by this Act.
9 (b) If any person practices as a certified shorthand
10reporter or certified voice writer reporter or holds himself
11or herself out as a certified shorthand reporter or certified
12voice writer reporter without being licensed under the
13provisions of this Act then any certified shorthand reporter,
14any certified voice writer reporter, any interested party or
15any person injured thereby may, in addition to the Secretary,
16petition for relief as provided in subsection (a).
17 (c) Whenever in the opinion of the Department any person
18violates any provision of this Act, the Department may issue a
19rule to show cause why an order to cease and desist should not
20be entered against that individual. The rule shall clearly set
21forth the grounds relied upon by the Department and shall
22provide a period of 7 days from the date of the rule to file an
23answer to the satisfaction of the Department. Failure to
24answer to the satisfaction of the Department shall cause an
25order to cease and desist to be issued forthwith.
26(Source: P.A. 98-445, eff. 12-31-13.)

SB1940- 51 -LRB103 25306 AMQ 51651 b
1 (225 ILCS 415/23.3) (from Ch. 111, par. 6226)
2 (Section scheduled to be repealed on January 1, 2024)
3 Sec. 23.3. Records of proceedings. The Department, at its
4expense, shall preserve a record of all proceedings at the
5formal hearing of any case. The notice of hearing, complaint
6and all other documents in the nature of pleadings and written
7motions filed in the proceedings, the transcript of testimony,
8the report of the Board and orders of the Department, shall be
9the record of such proceeding. Any certified shorthand
10reporter or certified voice writer reporter who is found to
11have violated this Act or who fails to appear for a hearing to
12refuse to issue, restore, or renew a license or to discipline a
13licensee may be required by the Department to pay for the costs
14of the proceeding. These costs are limited to costs for court
15reporters, transcripts, and witness attendance and mileage
16fees. All costs imposed under this Section shall be paid
17within 60 days after the effective date of the order imposing
18the fine.
19(Source: P.A. 98-445, eff. 12-31-13.)
20 (225 ILCS 415/23.4) (from Ch. 111, par. 6227)
21 (Section scheduled to be repealed on January 1, 2024)
22 Sec. 23.4. Subpoenas; oaths. The Department may subpoena
23and bring before it any person and to take the oral or written
24testimony or compel the production of any books, papers,

SB1940- 52 -LRB103 25306 AMQ 51651 b
1records, or any other documents that the Secretary or his or
2her designee deems relevant or material to an investigation or
3hearing conducted by the Department with the same fees and
4mileage and in the same manner as prescribed by law in judicial
5procedure in civil cases in courts of this State.
6 The Secretary, the designated hearing officer, any member
7of the Board, or a certified shorthand court reporter or a
8certified voice writer reporter may have power to administer
9oaths at any hearing which the Department conducts.
10Notwithstanding any other statute or Department rule to the
11contrary, all requests for testimony and production of
12documents or records shall be in accordance with this Act.
13(Source: P.A. 98-445, eff. 12-31-13.)
14 (225 ILCS 415/23.13) (from Ch. 111, par. 6236)
15 (Section scheduled to be repealed on January 1, 2024)
16 Sec. 23.13. Summary suspension. The Secretary may
17summarily suspend the certificate of a certified shorthand
18reporter or a certified voice writer reporter without a
19hearing, simultaneously with the institution of proceedings
20for a hearing provided for in Section 23.2 of this Act, if the
21Secretary finds that the evidence indicates that a certified
22shorthand reporter's or a certified voice writer reporter's
23continuation in practice would constitute an imminent danger
24to the public. In the event that the Secretary summarily
25suspends the certificate of a certified shorthand reporter or

SB1940- 53 -LRB103 25306 AMQ 51651 b
1a certified voice writer reporter without a hearing, a hearing
2shall be commenced within 30 days after such suspension has
3occurred and shall be concluded as expeditiously as possible.
4(Source: P.A. 98-445, eff. 12-31-13.)
5 (225 ILCS 415/25) (from Ch. 111, par. 6241)
6 (Section scheduled to be repealed on January 1, 2024)
7 Sec. 25. Home rule. The regulation and licensing of a
8shorthand reporter or a voice writer reporter are exclusive
9powers and functions of the State. A home rule unit may not
10regulate or license a shorthand reporter or the practice of
11shorthand reporting or regulate or license a voice writer
12reporter or the practice of voice writer reporting. This
13Section is a denial and limitation of home rule powers and
14functions under subsection (h) of Section 6 of Article VII of
15the Illinois Constitution.
16(Source: P.A. 98-445, eff. 12-31-13.)
17 (225 ILCS 415/26) (from Ch. 111, par. 6242)
18 (Section scheduled to be repealed on January 1, 2024)
19 Sec. 26. Every shorthand reporter and voice writer
20reporter shall print his or her name and license or restricted
21license number on each transcript reported.
22(Source: P.A. 87-481; 87-576.)
23 (225 ILCS 415/26.1)

SB1940- 54 -LRB103 25306 AMQ 51651 b
1 (Section scheduled to be repealed on January 1, 2024)
2 Sec. 26.1. Responsibility for notes. It is the licensee's
3responsibility to preserve the licensee's his or her shorthand
4notes or voice writer notes for a period of no less than 10
5years from the date that the notes or transcripts were taken,
6except as otherwise prescribed by law, through storage of the
7original paper notes or an electronic copy of either the
8shorthand notes, voice writer notes, or the English transcript
9of the notes on computer disks, cassettes, backup tape
10systems, optical or laser disk systems, or other retrieval
11systems available at the time that the notes or transcripts
12were taken.
13(Source: P.A. 98-445, eff. 12-31-13.)
14 (225 ILCS 415/27) (from Ch. 111, par. 6243)
15 (Section scheduled to be repealed on January 1, 2024)
16 Sec. 27. As a condition for renewal of a license,
17licensees shall be required to complete continuing education
18in accordance with rules established by the Department.
19 Persons employed as full time court reporters under the
20Court Reporters Act may apply for a waiver from the continuing
21education requirements. The waiver shall be granted upon the
22submission of evidence satisfactory to the Department that the
23certified shorthand reporter or certified voice writer
24reporter is employed as a full time court reporter under the
25Court Reporters Act.

SB1940- 55 -LRB103 25306 AMQ 51651 b
1(Source: P.A. 98-445, eff. 12-31-13.)
2 (225 ILCS 415/28)
3 (Section scheduled to be repealed on January 1, 2024)
4 Sec. 28. Payment for services. A person certified under
5this Act may hold an attorney, firm, or any other entity
6personally responsible for payment of shorthand reporting
7services or voice writer reporting services rendered at the
8request of that attorney, firm, or entity.
9(Source: P.A. 90-295, eff. 8-1-97.)
10 Section 100. The Illinois Public Accounting Act is amended
11by changing Section 20.2 as follows:
12 (225 ILCS 450/20.2) (from Ch. 111, par. 5523)
13 (Section scheduled to be repealed on January 1, 2024)
14 Sec. 20.2. Subpoenas; depositions; oaths.
15 (a) The Department may subpoena and bring before it any
16person to take the oral or written testimony or compel the
17production of any books, papers, records, or any other
18documents that the Secretary or his or her designee deems
19relevant or material to any investigation or hearing conducted
20by the Department with the same fees and mileage as prescribed
21in civil cases in circuit courts of this State and in the same
22manner as prescribed by this Act and its rules.
23 (b) The Secretary, any member of the Committee designated

SB1940- 56 -LRB103 25306 AMQ 51651 b
1by the Secretary, a certified shorthand reporter or certified
2voice writer reporter, or any hearing officer appointed may
3administer oaths at any hearing which the Department conducts.
4Notwithstanding any statute or Department rule to the
5contrary, all requests for testimony, production of documents,
6or records shall be in accordance with this Act.
7(Source: P.A. 98-254, eff. 8-9-13.)
8 Section 105. The Real Estate Appraiser Licensing Act of
92002 is amended by changing Section 15-15 as follows:
10 (225 ILCS 458/15-15)
11 (Section scheduled to be repealed on January 1, 2027)
12 Sec. 15-15. Investigation; notice; hearing.
13 (a) Upon the motion of the Department or the Board or upon
14a complaint in writing of a person setting forth facts that, if
15proven, would constitute grounds for suspension, revocation,
16or other disciplinary action against a licensee or applicant
17for licensure, the Department shall investigate the actions of
18the licensee or applicant. If, upon investigation, the
19Department believes that there may be cause for suspension,
20revocation, or other disciplinary action, the Department shall
21use the services of a State certified general real estate
22appraiser, a State certified residential real estate
23appraiser, or the Coordinator to assist in determining whether
24grounds for disciplinary action exist prior to commencing

SB1940- 57 -LRB103 25306 AMQ 51651 b
1formal disciplinary proceedings.
2 (b) Formal disciplinary proceedings shall commence upon
3the issuance of a written complaint describing the charges
4that are the basis of the disciplinary action and delivery of
5the detailed complaint to the address of record of the
6licensee or applicant. For an associate real estate trainee
7appraiser, a copy shall also be sent to the licensee's
8supervising appraiser of record. The Department shall notify
9the licensee or applicant to file a verified written answer
10within 20 days after the service of the notice and complaint.
11The notification shall inform the licensee or applicant of the
12right to be heard in person or by legal counsel; that the
13hearing will be afforded not sooner than 20 days after service
14of the complaint; that failure to file an answer will result in
15a default being entered against the licensee or applicant;
16that the license may be suspended, revoked, or placed on
17probationary status; and that other disciplinary action may be
18taken pursuant to this Act, including limiting the scope,
19nature, or extent of the licensee's practice. If the licensee
20or applicant fails to file an answer after service of notice,
21the respective license may, at the discretion of the
22Department, be suspended, revoked, or placed on probationary
23status and the Department may take whatever disciplinary
24action it deems proper, including limiting the scope, nature,
25or extent of the person's practice, without a hearing.
26 (c) At the time and place fixed in the notice, the Board

SB1940- 58 -LRB103 25306 AMQ 51651 b
1shall conduct hearing of the charges, providing both the
2accused person and the complainant ample opportunity to
3present in person or by counsel such statements, testimony,
4evidence, and argument as may be pertinent to the charges or to
5a defense thereto.
6 (d) The Board shall present to the Secretary a written
7report of its findings of fact and recommendations. A copy of
8the report shall be served upon the licensee or applicant,
9either personally, by mail, or, at the discretion of the
10Department, by electronic means. For associate real estate
11trainee appraisers, a copy shall also be sent to the
12licensee's supervising appraiser of record. Within 20 days
13after the service, the licensee or applicant may present the
14Secretary with a motion in writing for a rehearing and shall
15specify the particular grounds for the request. If the accused
16orders a transcript of the record as provided in this Act, the
17time elapsing thereafter and before the transcript is ready
18for delivery to the accused shall not be counted as part of the
1920 days. If the Secretary is not satisfied that substantial
20justice has been done, the Secretary may order a rehearing by
21the Board or other special committee appointed by the
22Secretary, may remand the matter to the Board for its
23reconsideration of the matter based on the pleadings and
24evidence presented to the Board, or may enter a final order in
25contravention of the Board's recommendation. Notwithstanding a
26licensee's or applicant's failure to file a motion for

SB1940- 59 -LRB103 25306 AMQ 51651 b
1rehearing, the Secretary shall have the right to take any of
2the actions specified in this subsection (d). Upon the
3suspension or revocation of a license, the licensee shall be
4required to surrender the respective license to the
5Department, and upon failure or refusal to do so, the
6Department shall have the right to seize the license.
7 (e) The Department has the power to issue subpoenas and
8subpoenas duces tecum to bring before it any person in this
9State, to take testimony, or to require production of any
10records relevant to an inquiry or hearing by the Board in the
11same manner as prescribed by law in judicial proceedings in
12the courts of this State. In a case of refusal of a witness to
13attend, testify, or to produce books or papers concerning a
14matter upon which the witness might be lawfully examined, the
15circuit court of the county where the hearing is held, upon
16application of the Department or any party to the proceeding,
17may compel obedience by proceedings as for contempt.
18 (f) Any license that is revoked may not be restored for a
19minimum period of 3 years.
20 (g) In addition to the provisions of this Section
21concerning the conduct of hearings and the recommendations for
22discipline, the Department has the authority to negotiate
23disciplinary and non-disciplinary settlement agreements
24concerning any license issued under this Act. All such
25agreements shall be recorded as Consent Orders or Consent to
26Administrative Supervision Orders.

SB1940- 60 -LRB103 25306 AMQ 51651 b
1 (h) The Secretary shall have the authority to appoint an
2attorney duly licensed to practice law in the State of
3Illinois to serve as the hearing officer in any action to
4suspend, revoke, or otherwise discipline any license issued by
5the Department. The Hearing Officer shall have full authority
6to conduct the hearing.
7 (i) The Department, at its expense, shall preserve a
8record of all formal hearings of any contested case involving
9the discipline of a license. At all hearings or pre-hearing
10conferences, the Department and the licensee shall be entitled
11to have the proceedings transcribed by a certified shorthand
12reporter or certified voice writer reporter. A copy of the
13transcribed proceedings shall be made available to the
14licensee by the certified shorthand reporter or certified
15voice writer reporter upon payment of the prevailing contract
16copy rate.
17(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
18 Section 110. The Animal Welfare Act is amended by changing
19Section 15 as follows:
20 (225 ILCS 605/15) (from Ch. 8, par. 315)
21 Sec. 15. Any person affected by a final administrative
22decision of the Department may have such decision reviewed
23judicially by the circuit court of the county wherein such
24person resides, or in the case of a corporation, wherein the

SB1940- 61 -LRB103 25306 AMQ 51651 b
1registered office is located. If the plaintiff in the review
2proceeding is not a resident of this state, the venue shall be
3in Sangamon County. The provisions of the Administrative
4Review Law, and all amendments and modifications thereof, and
5the rules adopted pursuant thereto, shall apply to and govern
6all proceedings for the judicial review of final
7administrative decisions of the Department hereunder. The term
8"administrative decision" is defined as in Section 3-101 of
9the Code of Civil Procedure.
10 The Department shall not be required to certify the record
11of the proceeding unless the plaintiff in the review
12proceedings has purchased a copy from the certified shorthand
13reporter or certified voice writer reporter who prepared the
14record. Exhibits shall be certified without cost.
15(Source: P.A. 82-783.)
16 Section 115. The Liquor Control Act of 1934 is amended by
17changing Section 7-9 as follows:
18 (235 ILCS 5/7-9) (from Ch. 43, par. 153)
19 Sec. 7-9. Except as provided in this Section, any order or
20action of a local liquor control commissioner levying a fine
21or refusing to levy a fine on a licensee, granting or refusing
22to grant a license, revoking or suspending or refusing to
23revoke or suspend a license or refusing for more than 30 days
24to grant a hearing upon a complaint to revoke or suspend a

SB1940- 62 -LRB103 25306 AMQ 51651 b
1license may, within 20 days after notice of such order or
2action, be appealed by any resident of the political
3subdivision under the jurisdiction of the local liquor control
4commissioner or any person interested, to the State
5Commission.
6 In any case where a licensee appeals to the State
7Commission from an order or action of the local liquor control
8commission having the effect of suspending or revoking a
9license, denying a renewal application, or refusing to grant a
10license, the licensee shall resume the operation of the
11licensed business pending the decision of the State Commission
12and the expiration of the time allowed for an application for
13rehearing. If an application for rehearing is filed, the
14licensee shall continue the operation of the licensed business
15until the denial of the application or, if the rehearing is
16granted, until the decision on rehearing.
17 In any case in which a licensee appeals to the State
18Commission a suspension or revocation by a local liquor
19control commissioner that is the second or subsequent such
20suspension or revocation placed on that licensee within the
21preceding 12 month period, the licensee shall consider the
22suspension or revocation to be in effect until a reversal of
23the local liquor control commissioner's action has been issued
24by the State Commission and shall cease all activity otherwise
25authorized by the license. The State Commission shall
26expedite, to the greatest extent possible, its consideration

SB1940- 63 -LRB103 25306 AMQ 51651 b
1of any appeal that is an appeal of a second or subsequent
2suspension or revocation within the past 12 month period.
3 The appeal shall be limited to a review of the official
4record of the proceedings of such local liquor control
5commissioner if the county board, city council or board of
6trustees, as the case may be, has adopted a resolution
7requiring that such review be on the record. If such
8resolution is adopted, a certified official record of the
9proceedings taken and prepared by a certified court reporter,
10or certified shorthand reporter, or certified voice writer
11reporter shall be filed by the local liquor control
12commissioner within 5 days after notice of the filing of such
13appeal, if the appellant licensee pays for the cost of the
14transcript. The State Commission shall review the propriety of
15the order or action of the local liquor control commissioner
16and shall consider the following questions:
17 (a) whether the local liquor control commissioner has
18 proceeded in the manner provided by law;
19 (b) whether the order is supported by the findings;
20 (c) whether the findings are supported by substantial
21 evidence in the light of the whole record.
22 The only evidence which may be considered in the review,
23shall be the evidence found in the certified official record
24of the proceedings of the local liquor control commissioner.
25No new or additional evidence shall be admitted or considered.
26The State Commission shall render a decision affirming,

SB1940- 64 -LRB103 25306 AMQ 51651 b
1reversing or modifying the order or action reviewed within 30
2days after the appeal was heard.
3 In the event such appeal is from an order of a local liquor
4control commissioner of a city, village or incorporated town
5of 500,000 or more inhabitants, granting or refusing to grant
6a license or refusing for more than 30 days to grant a hearing
7upon a complaint to revoke or suspend a license, the matter of
8the propriety of such order or action shall be tried de novo by
9the license appeal commission as expeditiously as
10circumstances permit.
11 In the event such appeal is from an order or action of a
12local liquor control commissioner of a city, village or
13incorporated town of 500,000 or more inhabitants, imposing a
14fine or refusing to impose a fine on a licensee, revoking or
15suspending or refusing to revoke or suspend a license, the
16license appeal commission shall determine the appeal by a
17review of the official record of the proceedings of such local
18liquor control commissioner. A certified record of the
19proceedings shall be promptly filed with the license appeal
20commission by such local liquor control commissioner after
21notice of the filing of such appeal if the appellant licensee
22pays for the cost of the transcript and promptly delivers the
23transcript to the local liquor control commission or its
24attorney. The review by the license appeal commission shall be
25limited to the questions:
26 (a) whether the local liquor control commissioner has

SB1940- 65 -LRB103 25306 AMQ 51651 b
1 proceeded in the manner provided by law;
2 (b) whether the order is supported by the findings;
3 (c) whether the findings are supported by substantial
4 evidence in the light of the whole record.
5No new or additional evidence in support of or in opposition to
6such order or action under appeal shall be received other than
7that contained in such record of the proceedings. Within 30
8days after such appeal was heard, the license appeal
9commission shall render its decision in accordance with the
10provisions of Section 7-5.
11 In cities, villages and incorporated towns having a
12population of 500,000 or more inhabitants, appeals from any
13order or action shall lie to the license appeal commission of
14such city, village or incorporated town. All of the provisions
15of this Section and Section 7-10 relative to proceedings upon
16appeals before the State Commission and relative to appeals
17from the decisions of the State Commission shall apply also to
18proceedings upon appeals before any license appeal commission
19and appeals from the decisions of license appeal commission.
20 In any trial de novo hearing before the State Commission
21or license appeal commission, the local liquor control
22commissioner shall be entitled to 10 days notice and to be
23heard. All such trial de novo hearings shall be open to the
24public and the Illinois Liquor Control Commission and the
25license appeal commission shall reduce all evidence offered
26thereto to writing.

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1 If after trial de novo hearing or review as provided
2herein, the State Commission or the license appeal commission
3(as the case may be) shall decide that the license has been
4improperly issued, denied, revoked, suspended or refused to be
5revoked or suspended or a hearing to revoke or suspend has been
6improperly refused or that the licensee has been improperly
7fined or not fined, it shall enter an order in conformity with
8such findings, which order shall be in writing.
9 A certified copy of the order shall be transmitted to the
10particular local liquor control commissioner and it shall be
11the duty of the local liquor control commissioner to take such
12action as may be necessary to conform with the order.
13 In any trial de novo hearing before the State Commission
14or the license appeal commission, the licensee shall submit to
15examination and produce books and records material to the
16business conducted under the license in like manner as before
17the local liquor control commissioner, and the failure of the
18licensee to submit to such an examination or to produce such
19books and records, or to appear at the hearing on such appeal,
20shall constitute an admission that he has violated the
21provisions of this Act. In the event the appeal is from an
22order of the local liquor control commissioner denying a
23renewal application, the licensee shall have on deposit with
24the local liquor control commissioner an amount sufficient to
25cover the license fee for the renewal period and any bond that
26may be required.

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1(Source: P.A. 88-613, eff. 1-1-95.)
2 Section 120. The Salvage Warehouse and Salvage Warehouse
3Store Act is amended by changing Section 10 as follows:
4 (240 ILCS 30/10) (from Ch. 114, par. 410)
5 Sec. 10. The Department, at its expense, shall provide a
6stenographer to take down the testimony and preserve a record
7of all proceedings at the hearing of any case involving the
8refusal to issue or renew, or the suspension or revocation of a
9license. The notice of hearing, complaint and all other
10documents in the nature of pleadings and written motions filed
11in the proceedings, the transcript of testimony, and orders of
12the Department shall be the record of such proceedings. Any
13interested person may purchase a copy of the transcript of the
14record from the certified shorthand reporter or certified
15voice writer reporter who prepared the record.
16 In any case involving the refusal to issue or renew or the
17suspension or revocation of a license, a copy of the
18Department's report shall be served upon the respondent by the
19Department, either personally or by registered or certified
20mail as provided in this Act for the service of the notice of
21hearing. Within 20 days after such service, the respondent may
22present to the Department a motion in writing for a rehearing,
23which written motion shall specify the particular grounds
24therefor. If no motion for rehearing is filed, then upon the

SB1940- 68 -LRB103 25306 AMQ 51651 b
1expiration of the time specified for filing such a motion, or
2if a motion for rehearing is denied, then upon such denial, the
3Director may enter an order. If the respondent shall order and
4pay for a transcript of the record within the time for filing a
5motion for rehearing, the 20 day period within which such a
6motion may be filed shall commence upon the delivery of the
7transcript to the respondent.
8(Source: P.A. 81-750.)
9 Section 125. The Court Reporters Act is amended by
10changing Section 5 as follows:
11 (705 ILCS 70/5) (from Ch. 37, par. 655)
12 Sec. 5. Means of reporting; transcripts. The court
13reporter shall make a full reporting by means of stenographic
14notes or voice writer reporting of the evidence and such other
15proceedings in trials and judicial proceedings to which he or
16she is assigned by the chief judge, and the court reporter may
17use an electronic instrument as a supplementary device. In the
18event that the court utilizes an audio or video recording
19system approved by the Supreme Court to record the
20proceedings, a court reporting services employee shall be in
21charge of such system. To the extent that it does not
22substantially interfere with the court reporter's other
23official duties, a reporter may be assigned to secretarial or
24clerical duties arising out of official court operations.

SB1940- 69 -LRB103 25306 AMQ 51651 b
1 A court reporting services employee may charge a page rate
2for the preparation of transcripts of court proceedings not to
3exceed the rate set by the employer representative in the
4Uniform Schedule of Charges for Transcripts.
5(Source: P.A. 101-581, eff. 1-1-20.)
6 Section 130. The Unified Code of Corrections is amended by
7changing Section 5-5-5 as follows:
8 (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
9 Sec. 5-5-5. Loss and restoration of rights.
10 (a) Conviction and disposition shall not entail the loss
11by the defendant of any civil rights, except under this
12Section and Sections 29-6 and 29-10 of The Election Code, as
13now or hereafter amended.
14 (b) A person convicted of a felony shall be ineligible to
15hold an office created by the Constitution of this State until
16the completion of his sentence.
17 (c) A person sentenced to imprisonment shall lose his
18right to vote until released from imprisonment.
19 (d) On completion of sentence of imprisonment or upon
20discharge from probation, conditional discharge or periodic
21imprisonment, or at any time thereafter, all license rights
22and privileges granted under the authority of this State which
23have been revoked or suspended because of conviction of an
24offense shall be restored unless the authority having

SB1940- 70 -LRB103 25306 AMQ 51651 b
1jurisdiction of such license rights finds after investigation
2and hearing that restoration is not in the public interest.
3This paragraph (d) shall not apply to the suspension or
4revocation of a license to operate a motor vehicle under the
5Illinois Vehicle Code.
6 (e) Upon a person's discharge from incarceration or
7parole, or upon a person's discharge from probation or at any
8time thereafter, the committing court may enter an order
9certifying that the sentence has been satisfactorily completed
10when the court believes it would assist in the rehabilitation
11of the person and be consistent with the public welfare. Such
12order may be entered upon the motion of the defendant or the
13State or upon the court's own motion.
14 (f) Upon entry of the order, the court shall issue to the
15person in whose favor the order has been entered a certificate
16stating that his behavior after conviction has warranted the
17issuance of the order.
18 (g) This Section shall not affect the right of a defendant
19to collaterally attack his conviction or to rely on it in bar
20of subsequent proceedings for the same offense.
21 (h) No application for any license specified in subsection
22(i) of this Section granted under the authority of this State
23shall be denied by reason of an eligible offender who has
24obtained a certificate of relief from disabilities, as defined
25in Article 5.5 of this Chapter, having been previously
26convicted of one or more criminal offenses, or by reason of a

SB1940- 71 -LRB103 25306 AMQ 51651 b
1finding of lack of "good moral character" when the finding is
2based upon the fact that the applicant has previously been
3convicted of one or more criminal offenses, unless:
4 (1) there is a direct relationship between one or more
5 of the previous criminal offenses and the specific license
6 sought; or
7 (2) the issuance of the license would involve an
8 unreasonable risk to property or to the safety or welfare
9 of specific individuals or the general public.
10 In making such a determination, the licensing agency shall
11consider the following factors:
12 (1) the public policy of this State, as expressed in
13 Article 5.5 of this Chapter, to encourage the licensure
14 and employment of persons previously convicted of one or
15 more criminal offenses;
16 (2) the specific duties and responsibilities
17 necessarily related to the license being sought;
18 (3) the bearing, if any, the criminal offenses or
19 offenses for which the person was previously convicted
20 will have on his or her fitness or ability to perform one
21 or more such duties and responsibilities;
22 (4) the time which has elapsed since the occurrence of
23 the criminal offense or offenses;
24 (5) the age of the person at the time of occurrence of
25 the criminal offense or offenses;
26 (6) the seriousness of the offense or offenses;

SB1940- 72 -LRB103 25306 AMQ 51651 b
1 (7) any information produced by the person or produced
2 on his or her behalf in regard to his or her rehabilitation
3 and good conduct, including a certificate of relief from
4 disabilities issued to the applicant, which certificate
5 shall create a presumption of rehabilitation in regard to
6 the offense or offenses specified in the certificate; and
7 (8) the legitimate interest of the licensing agency in
8 protecting property, and the safety and welfare of
9 specific individuals or the general public.
10 (i) A certificate of relief from disabilities shall be
11issued only for a license or certification issued under the
12following Acts:
13 (1) the Animal Welfare Act; except that a certificate
14 of relief from disabilities may not be granted to provide
15 for the issuance or restoration of a license under the
16 Animal Welfare Act for any person convicted of violating
17 Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
18 Care for Animals Act or Section 26-5 or 48-1 of the
19 Criminal Code of 1961 or the Criminal Code of 2012;
20 (2) the Illinois Athletic Trainers Practice Act;
21 (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
22 and Nail Technology Act of 1985;
23 (4) the Boiler and Pressure Vessel Repairer Regulation
24 Act;
25 (5) the Boxing and Full-contact Martial Arts Act;
26 (6) the Illinois Certified Shorthand Reporters and

SB1940- 73 -LRB103 25306 AMQ 51651 b
1 Voice Writer Reporters Act of 1984;
2 (7) the Illinois Farm Labor Contractor Certification
3 Act;
4 (8) the Registered Interior Designers Act;
5 (9) the Illinois Professional Land Surveyor Act of
6 1989;
7 (10) the Landscape Architecture Registration Act;
8 (11) the Marriage and Family Therapy Licensing Act;
9 (12) the Private Employment Agency Act;
10 (13) the Professional Counselor and Clinical
11 Professional Counselor Licensing and Practice Act;
12 (14) the Real Estate License Act of 2000;
13 (15) the Illinois Roofing Industry Licensing Act;
14 (16) the Professional Engineering Practice Act of
15 1989;
16 (17) the Water Well and Pump Installation Contractor's
17 License Act;
18 (18) the Electrologist Licensing Act;
19 (19) the Auction License Act;
20 (20) the Illinois Architecture Practice Act of 1989;
21 (21) the Dietitian Nutritionist Practice Act;
22 (22) the Environmental Health Practitioner Licensing
23 Act;
24 (23) the Funeral Directors and Embalmers Licensing
25 Code;
26 (24) (blank);

SB1940- 74 -LRB103 25306 AMQ 51651 b
1 (25) the Professional Geologist Licensing Act;
2 (26) the Illinois Public Accounting Act; and
3 (27) the Structural Engineering Practice Act of 1989.
4(Source: P.A. 102-284, eff. 8-6-21.)
5 Section 135. The Illinois Pre-Need Cemetery Sales Act is
6amended by changing Sections 9 and 11 as follows:
7 (815 ILCS 390/9) (from Ch. 21, par. 209)
8 Sec. 9. The Comptroller may upon his own motion
9investigate the actions of any person providing, selling, or
10offering pre-need sales contracts or of any applicant or any
11person or persons holding or claiming to hold a license under
12this Act. The Comptroller shall make such an investigation on
13receipt of the verified written complaint of any person
14setting forth facts which, if proved, would constitute grounds
15for refusal, suspension, or revocation of a license. Before
16refusing to issue, and before suspension or revocation of a
17license, the Comptroller shall hold a hearing to determine
18whether the applicant or licensee, hereafter called the
19respondent, is entitled to hold such a license. At least 10
20days prior to the date set for such hearing, the Comptroller
21shall notify the respondent in writing that on the date
22designated a hearing will be held to determine his eligibility
23for a license and that he may appear in person or by counsel.
24Such written notice may be served on the respondent

SB1940- 75 -LRB103 25306 AMQ 51651 b
1personally, or by registered or certified mail sent to the
2respondent's business address as shown in his latest
3notification to the Comptroller and shall include sufficient
4information to inform the respondent of the general nature of
5the charge. At the hearing, both the respondent and the
6complainant shall be accorded ample opportunity to present in
7person or by counsel such statements, testimony, evidence and
8argument as may be pertinent to the charges or to any defense
9thereto. The Comptroller may reasonably continue such hearing
10from time to time.
11 The Comptroller may subpoena any person or persons in this
12State and take testimony orally, by deposition or by exhibit,
13in the same manner and with the same fees and mileage as
14prescribed in judicial proceedings in civil cases.
15 Any authorized agent of the Comptroller may administer
16oaths to witnesses at any hearing which the Comptroller is
17authorized to conduct.
18 The Comptroller, at his expense, shall provide a certified
19shorthand reporter or certified voice writer reporter to take
20down the testimony and preserve a record of all proceedings at
21the hearing of any case involving the refusal to issue a
22license, the suspension or revocation of a license, the
23imposition of a monetary penalty, or the referral of a case for
24criminal prosecution. The record of any such proceeding shall
25consist of the notice of hearing, complaint, all other
26documents in the nature of pleadings and written motions filed

SB1940- 76 -LRB103 25306 AMQ 51651 b
1in the proceedings, the transcript of testimony and the report
2and orders of the Comptroller. Copies of the transcript of
3such record may be purchased from the certified shorthand
4reporter or certified voice writer reporter who prepared the
5record or from the Comptroller.
6(Source: P.A. 92-419, eff. 1-1-02.)
7 (815 ILCS 390/11) (from Ch. 21, par. 211)
8 Sec. 11. Any person affected by a final administrative
9decision of the Comptroller may have such decision reviewed
10judicially by the circuit court of the county where such
11person resides, or in the case of a corporation, where the
12registered office is located. If the plaintiff in the review
13proceeding is not a resident of this State, venue shall be in
14Sangamon County. The provisions of the "Administrative Review
15Law", approved August 19, 1981, all amendments and
16modifications thereto, and any rules adopted under it govern
17all proceedings for the judicial review of final
18administrative decisions of the Comptroller. The term
19"administrative decision" is defined as in the "Administrative
20Review Law".
21 The Comptroller is not required to certify the record of
22the proceeding unless the plaintiff in the review proceedings
23has purchased a copy of the transcript from the certified
24shorthand reporter or certified voice writer reporter who
25prepared the record or from the Comptroller. Exhibits shall be

SB1940- 77 -LRB103 25306 AMQ 51651 b
1certified without cost.
2(Source: P.A. 84-239.)
3 Section 999. Effective date. This Act takes effect January
41, 2024, except that the changes to Section 4.34 of the
5Regulatory Sunset Act take effect upon becoming law.

SB1940- 78 -LRB103 25306 AMQ 51651 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.34
4 5 ILCS 80/4.44 new
5 5 ILCS 255/1from Ch. 101, par. 1
6 5 ILCS 255/2from Ch. 101, par. 2
7 20 ILCS 2105/2105-115was 20 ILCS 2105/60f
8 210 ILCS 50/3.40
9 225 ILCS 30/110from Ch. 111, par. 8401-110
10 225 ILCS 41/15-20
11 225 ILCS 45/3bfrom Ch. 111 1/2, par. 73.103b
12 225 ILCS 45/3dfrom Ch. 111 1/2, par. 73.103d
13 225 ILCS 51/100
14 225 ILCS 60/39from Ch. 111, par. 4400-39
15 225 ILCS 105/20from Ch. 111, par. 5020
16 225 ILCS 125/125
17 225 ILCS 210/5004from Ch. 96 1/2, par. 1-5004
18 225 ILCS 305/25from Ch. 111, par. 1325
19 225 ILCS 316/95
20 225 ILCS 325/27from Ch. 111, par. 5227
21 225 ILCS 330/30from Ch. 111, par. 3280
22 225 ILCS 340/23from Ch. 111, par. 6623
23 225 ILCS 411/25-35
24 225 ILCS 415/Act title
25 225 ILCS 415/1from Ch. 111, par. 6201

SB1940- 79 -LRB103 25306 AMQ 51651 b
1 225 ILCS 415/2from Ch. 111, par. 6202
2 225 ILCS 415/3from Ch. 111, par. 6203
3 225 ILCS 415/3.5
4 225 ILCS 415/4from Ch. 111, par. 6204
5 225 ILCS 415/5from Ch. 111, par. 6205
6 225 ILCS 415/6from Ch. 111, par. 6206
7 225 ILCS 415/8from Ch. 111, par. 6208
8 225 ILCS 415/9from Ch. 111, par. 6209
9 225 ILCS 415/10from Ch. 111, par. 6210
10 225 ILCS 415/11from Ch. 111, par. 6211
11 225 ILCS 415/13from Ch. 111, par. 6213
12 225 ILCS 415/14from Ch. 111, par. 6214
13 225 ILCS 415/15from Ch. 111, par. 6215
14 225 ILCS 415/16from Ch. 111, par. 6216
15 225 ILCS 415/23from Ch. 111, par. 6223
16 225 ILCS 415/23.1from Ch. 111, par. 6224
17 225 ILCS 415/23.3from Ch. 111, par. 6226
18 225 ILCS 415/23.4from Ch. 111, par. 6227
19 225 ILCS 415/23.13from Ch. 111, par. 6236
20 225 ILCS 415/25from Ch. 111, par. 6241
21 225 ILCS 415/26from Ch. 111, par. 6242
22 225 ILCS 415/26.1
23 225 ILCS 415/27from Ch. 111, par. 6243
24 225 ILCS 415/28
25 225 ILCS 450/20.2from Ch. 111, par. 5523
26 225 ILCS 458/15-15

SB1940- 80 -LRB103 25306 AMQ 51651 b