Bill Text: IL SB2128 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Illinois Certified Shorthand Reporters Act of 1984. Provides that the practice of shorthand reporting includes the making of a verbatim record by the use of closed microphone voice dictation silencer and pen shorthand writing. Removes the requirement that certified shorthand reporters serving the Certified Shorthand Reporters Board must have actively engaged in the practice of shorthand reporting in this State for 10 years. Provides that the Department of Financial and Professional Regulation may certify an applicant who is a certified verbatim reporter or registered professional reporter of another jurisdiction as a certified shorthand reporter. Makes provisions of the Act gender neutral. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2019-05-31 - Passed Both Houses [SB2128 Detail]

Download: Illinois-2019-SB2128-Enrolled.html



SB2128 EnrolledLRB101 07766 JRG 52815 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 changing
5Section 4.34 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 Acts and Section repealed on January 1, 2024.
8The following Acts and Section of an Act are repealed on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 Electrologist Licensing Act.
11 The Illinois Certified Shorthand Reporters and Voice
12 Writer Reporters Act of 1984.
13 The Illinois Occupational Therapy Practice Act.
14 The Illinois Public Accounting Act.
15 The Private Detective, Private Alarm, Private
16 Security, Fingerprint Vendor, and Locksmith Act of 2004.
17 The Registered Surgical Assistant and Registered
18 Surgical Technologist Title Protection Act.
19 Section 2.5 of the Illinois Plumbing License Law.
20 The Veterinary Medicine and Surgery Practice Act of
21 2004.
22(Source: P.A. 98-140, eff. 12-31-13; 98-253, eff. 8-9-13;
2398-254, eff. 8-9-13; 98-264, eff. 12-31-13; 98-339, eff.

SB2128 Enrolled- 2 -LRB101 07766 JRG 52815 b
112-31-13; 98-363, eff. 8-16-13; 98-364, eff. 12-31-13; 98-445,
2eff. 12-31-13; 98-756, eff. 7-16-14.)
3 Section 10. The Oaths and Affirmations Act is amended by
4changing Sections 1 and 2 as follows:
5 (5 ILCS 255/1) (from Ch. 101, par. 1)
6 Sec. 1. Oaths and affirmations. All courts, and all judges
7and the clerk thereof, the county clerk, deputy county clerk,
8notaries public, and persons certified under the Illinois
9Certified Shorthand Reporters and Voice Writer Reporters Act of
101984 have the power to administer oaths and affirmations to
11witnesses and others, concerning anything commenced or to be
12commenced, or pending before them respectively.
13(Source: P.A. 90-294, eff. 8-1-97.)
14 (5 ILCS 255/2) (from Ch. 101, par. 2)
15 Sec. 2. Affidavits and depositions. All courts, and judges,
16and the clerks thereof, the county clerk, deputy county clerk,
17the Secretary of State, notaries public, and persons certified
18under the Illinois Certified Shorthand Reporters and Voice
19Writer Reporters Act of 1984 may administer all oaths of office
20and all other oaths authorized or required of any officer or
21other person, and take affidavits and depositions concerning
22any matter or thing, process or proceeding commenced or to be
23commenced, or pending in any court or before them, or on any

SB2128 Enrolled- 3 -LRB101 07766 JRG 52815 b
1occasion wherein any affidavit or deposition is authorized or
2required by law to be taken.
3 The same functions may be performed by any commissioned
4officer in active service of the armed forces of the United
5States, within or without the United States. Oaths, affidavits
6or depositions taken by or affirmations made before such
7officers need not be authenticated nor attested by any seal nor
8shall any instruments executed or proceedings had before such
9officers be invalid because the place of the proceedings or of
10the execution is not stated.
11(Source: P.A. 97-36, eff. 1-1-12.)
12 Section 15. The Department of Professional Regulation Law
13of the Civil Administrative Code of Illinois is amended by
14changing Section 2105-115 as follows:
15 (20 ILCS 2105/2105-115) (was 20 ILCS 2105/60f)
16 Sec. 2105-115. Certified shorthand reporter or certified
17voice writer reporter; transcript. The Department, at its
18expense, shall provide a certified shorthand reporter or
19certified voice writer reporter to take down the testimony and
20preserve a record of all proceedings at the hearing of any case
21in which a license may be revoked, suspended, placed on
22probationary status, reprimanded, fined, or subjected to other
23disciplinary action with reference to the license when a
24disciplinary action is authorized in any licensing Act

SB2128 Enrolled- 4 -LRB101 07766 JRG 52815 b
1administered by the Department. The notice, complaint, and all
2other documents in the nature of pleadings and written motions
3filed in the proceedings, the transcript of testimony, the
4report of the board, and the orders of the Department shall be
5the record of the proceedings. The Department shall furnish the
6record to any person interested in the hearing upon payment
7therefor of $1 per page. The Department may contract for court
8reporting services, and, in the event it does so, the
9Department shall provide the name and contact information for
10the certified shorthand reporter or certified voice writer
11reporter who transcribed the testimony at a hearing to any
12person interested, who may obtain a copy of the transcript of
13any proceedings at a hearing upon payment of the fee specified
14by the certified shorthand reporter or certified voice writer
15reporter. This charge is in addition to any fee charged by the
16Department for certifying the record.
17(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
18 Section 20. The Emergency Medical Services (EMS) Act is
19amended by changing Section 3.40 as follows:
20 (210 ILCS 50/3.40)
21 (Text of Section before amendment by P.A. 100-1082)
22 Sec. 3.40. EMS System Participation Suspensions and Due
23Process.
24 (a) An EMS Medical Director may suspend from participation

SB2128 Enrolled- 5 -LRB101 07766 JRG 52815 b
1within the System any EMS personnel, EMS Lead Instructor (LI),
2individual, individual provider or other participant
3considered not to be meeting the requirements of the Program
4Plan of that approved EMS System.
5 (b) Prior to suspending any individual or entity, an EMS
6Medical Director shall provide an opportunity for a hearing
7before the local System review board in accordance with
8subsection (f) and the rules promulgated 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 this
14 Act.
15 (2) If the local System review board reverses or
16 modifies the EMS Medical Director's order, the EMS Medical
17 Director shall have the opportunity for a review of the
18 local board's decision by the State EMS Disciplinary Review
19 Board, pursuant to Section 3.45 of this Act.
20 (3) The suspension shall commence only upon the
21 occurrence of one of the following:
22 (A) the individual or entity has waived the
23 opportunity for a hearing before the local System
24 review board; or
25 (B) the order has been affirmed or modified by the
26 local system review board and the individual or entity

SB2128 Enrolled- 6 -LRB101 07766 JRG 52815 b
1 has waived the opportunity for review by the State
2 Board; or
3 (C) the order has been affirmed or modified by the
4 local system review board, and the local board's
5 decision has been affirmed or modified by the State
6 Board.
7 (c) An EMS Medical Director may immediately suspend an EMR,
8EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, or other
9individual or entity if he or she finds that the continuation
10in practice by the individual or entity would constitute an
11imminent danger to the public. The suspended individual or
12entity shall be issued an immediate verbal notification
13followed by a written suspension order by the EMS Medical
14Director which states the length, terms and basis for the
15suspension.
16 (1) Within 24 hours following the commencement of the
17 suspension, the EMS Medical Director shall deliver to the
18 Department, by messenger, telefax, or other
19 Department-approved electronic communication, a copy of
20 the suspension order and copies of any written materials
21 which relate to the EMS Medical Director's decision to
22 suspend the individual or entity. All medical and
23 patient-specific information, including Department
24 findings with respect to the quality of care rendered,
25 shall be strictly confidential pursuant to the Medical
26 Studies Act (Part 21 of Article VIII of the Code of Civil

SB2128 Enrolled- 7 -LRB101 07766 JRG 52815 b
1 Procedure).
2 (2) Within 24 hours following the commencement of the
3 suspension, the suspended individual or entity may deliver
4 to the Department, by messenger, telefax, or other
5 Department-approved electronic communication, a written
6 response to the suspension order and copies of any written
7 materials which the individual or entity feels are
8 appropriate. All medical and patient-specific information,
9 including Department findings with respect to the quality
10 of care rendered, shall be strictly confidential pursuant
11 to the Medical Studies Act.
12 (3) Within 24 hours following receipt of the EMS
13 Medical Director's suspension order or the individual or
14 entity's written response, whichever is later, the
15 Director or the Director's designee shall determine
16 whether the suspension should be stayed pending an
17 opportunity for a hearing or review in accordance with this
18 Act, or whether the suspension should continue during the
19 course of that hearing or review. The Director or the
20 Director's designee shall issue this determination to the
21 EMS Medical Director, who shall immediately notify the
22 suspended individual or entity. The suspension shall
23 remain in effect during this period of review by the
24 Director or the Director's designee.
25 (d) Upon issuance of a suspension order for reasons
26directly related to medical care, the EMS Medical Director

SB2128 Enrolled- 8 -LRB101 07766 JRG 52815 b
1shall also provide the individual or entity with the
2opportunity for a hearing before the local System review board,
3in accordance with subsection (f) and the rules promulgated by
4the Department.
5 (1) If the local System review board affirms or
6 modifies the EMS Medical Director's suspension order, the
7 individual or entity shall have the opportunity for a
8 review of the local board's decision by the State EMS
9 Disciplinary Review Board, pursuant to Section 3.45 of this
10 Act.
11 (2) If the local System review board reverses or
12 modifies the EMS Medical Director's suspension order, the
13 EMS Medical Director shall have the opportunity for a
14 review of the local board's decision by the State EMS
15 Disciplinary Review Board, pursuant to Section 3.45 of this
16 Act.
17 (3) The suspended individual or entity may elect to
18 bypass the local System review board and seek direct review
19 of the EMS Medical Director's suspension order by the State
20 EMS Disciplinary Review Board.
21 (e) The Resource Hospital shall designate a local System
22review board in accordance with the rules of the Department,
23for the purpose of providing a hearing to any individual or
24entity participating within the System who is suspended from
25participation by the EMS Medical Director. The EMS Medical
26Director shall arrange for a certified shorthand reporter or

SB2128 Enrolled- 9 -LRB101 07766 JRG 52815 b
1certified voice writer reporter to make a stenographic record
2of that hearing and thereafter prepare a transcript of the
3proceedings. The transcript, all documents or materials
4received as evidence during the hearing and the local System
5review board's written decision shall be retained in the
6custody of the EMS system. The System shall implement a
7decision of the local System review board unless that decision
8has been appealed to the State Emergency Medical Services
9Disciplinary Review Board in accordance with this Act and the
10rules of the Department.
11 (f) The Resource Hospital shall implement a decision of the
12State Emergency Medical Services Disciplinary Review Board
13which has been rendered in accordance with this Act and the
14rules of the Department.
15(Source: P.A. 100-201, eff. 8-18-17.)
16 (Text of Section after amendment by P.A. 100-1082)
17 Sec. 3.40. EMS System Participation Suspensions and Due
18Process.
19 (a) An EMS Medical Director may suspend from participation
20within the System any EMS personnel, EMS Lead Instructor (LI),
21individual, individual provider or other participant
22considered not to be meeting the requirements of the Program
23Plan of that approved EMS System.
24 (b) Prior to suspending any individual or entity, an EMS
25Medical Director shall provide an opportunity for a hearing

SB2128 Enrolled- 10 -LRB101 07766 JRG 52815 b
1before the local System review board in accordance with
2subsection (f) and the rules promulgated by the Department.
3 (1) If the local System review board affirms or
4 modifies the EMS Medical Director's suspension order, the
5 individual or entity shall have the opportunity for a
6 review of the local board's decision by the State EMS
7 Disciplinary Review Board, pursuant to Section 3.45 of this
8 Act.
9 (2) If the local System review board reverses or
10 modifies the EMS Medical Director's order, the EMS Medical
11 Director shall have the opportunity for a review of the
12 local board's decision by the State EMS Disciplinary Review
13 Board, pursuant to Section 3.45 of this Act.
14 (3) The suspension shall commence only upon the
15 occurrence of one of the following:
16 (A) the individual or entity has waived the
17 opportunity for a hearing before the local System
18 review board; or
19 (B) the order has been affirmed or modified by the
20 local system review board and the individual or entity
21 has waived the opportunity for review by the State
22 Board; or
23 (C) the order has been affirmed or modified by the
24 local system review board, and the local board's
25 decision has been affirmed or modified by the State
26 Board.

SB2128 Enrolled- 11 -LRB101 07766 JRG 52815 b
1 (c) An EMS Medical Director may immediately suspend an EMR,
2EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA,
3PHAPRN, or other individual or entity if he or she finds that
4the continuation in practice by the individual or entity would
5constitute an imminent danger to the public. The suspended
6individual or entity shall be issued an immediate verbal
7notification followed by a written suspension order by the EMS
8Medical Director which states the length, terms and basis for
9the suspension.
10 (1) Within 24 hours following the commencement of the
11 suspension, the EMS Medical Director shall deliver to the
12 Department, by messenger, telefax, or other
13 Department-approved electronic communication, a copy of
14 the suspension order and copies of any written materials
15 which relate to the EMS Medical Director's decision to
16 suspend the individual or entity. All medical and
17 patient-specific information, including Department
18 findings with respect to the quality of care rendered,
19 shall be strictly confidential pursuant to the Medical
20 Studies Act (Part 21 of Article VIII of the Code of Civil
21 Procedure).
22 (2) Within 24 hours following the commencement of the
23 suspension, the suspended individual or entity may deliver
24 to the Department, by messenger, telefax, or other
25 Department-approved electronic communication, a written
26 response to the suspension order and copies of any written

SB2128 Enrolled- 12 -LRB101 07766 JRG 52815 b
1 materials which the individual or entity feels are
2 appropriate. All medical and patient-specific information,
3 including Department findings with respect to the quality
4 of care rendered, shall be strictly confidential pursuant
5 to the Medical Studies Act.
6 (3) Within 24 hours following receipt of the EMS
7 Medical Director's suspension order or the individual or
8 entity's written response, whichever is later, the
9 Director or the Director's designee shall determine
10 whether the suspension should be stayed pending an
11 opportunity for a hearing or review in accordance with this
12 Act, or whether the suspension should continue during the
13 course of that hearing or review. The Director or the
14 Director's designee shall issue this determination to the
15 EMS Medical Director, who shall immediately notify the
16 suspended individual or entity. The suspension shall
17 remain in effect during this period of review by the
18 Director or the Director's designee.
19 (d) Upon issuance of a suspension order for reasons
20directly related to medical care, the EMS Medical Director
21shall also provide the individual or entity with the
22opportunity for a hearing before the local System review board,
23in accordance with subsection (f) and the rules promulgated by
24the Department.
25 (1) If the local System review board affirms or
26 modifies the EMS Medical Director's suspension order, the

SB2128 Enrolled- 13 -LRB101 07766 JRG 52815 b
1 individual or entity shall have the opportunity for a
2 review of the local board's decision by the State EMS
3 Disciplinary Review Board, pursuant to Section 3.45 of this
4 Act.
5 (2) If the local System review board reverses or
6 modifies the EMS Medical Director's suspension order, the
7 EMS Medical Director shall have the opportunity for a
8 review of the local board's decision by the State EMS
9 Disciplinary Review Board, pursuant to Section 3.45 of this
10 Act.
11 (3) The suspended individual or entity may elect to
12 bypass the local System review board and seek direct review
13 of the EMS Medical Director's suspension order by the State
14 EMS Disciplinary Review Board.
15 (e) The Resource Hospital shall designate a local System
16review board in accordance with the rules of the Department,
17for the purpose of providing a hearing to any individual or
18entity participating within the System who is suspended from
19participation by the EMS Medical Director. The EMS Medical
20Director shall arrange for a certified shorthand reporter or
21certified voice writer reporter to make a stenographic record
22of that hearing and thereafter prepare a transcript of the
23proceedings. The transcript, all documents or materials
24received as evidence during the hearing and the local System
25review board's written decision shall be retained in the
26custody of the EMS system. The System shall implement a

SB2128 Enrolled- 14 -LRB101 07766 JRG 52815 b
1decision of the local System review board unless that decision
2has been appealed to the State Emergency Medical Services
3Disciplinary Review Board in accordance with this Act and the
4rules of the Department.
5 (f) The Resource Hospital shall implement a decision of the
6State Emergency Medical Services Disciplinary Review Board
7which has been rendered in accordance with this Act and the
8rules of the Department.
9(Source: P.A. 100-201, eff. 8-18-17; 100-1082, eff. 8-24-19.)
10 Section 25. The Illinois Funeral or Burial Funds Act is
11amended by changing Sections 3b and 3d as follows:
12 (225 ILCS 45/3b) (from Ch. 111 1/2, par. 73.103b)
13 Sec. 3b. The Comptroller, at his expense, shall provide a
14certified shorthand reporter or certified voice writer
15reporter to take down the testimony and preserve a record of
16all proceedings at the hearing of any case involving the
17refusal to issue or renew a license, the suspension or
18revocation of a license, the imposition of a monetary penalty,
19or the referral of a case for criminal prosecution. The record
20of any such proceeding shall consist of the notice of hearing,
21complaint, all other documents in the nature of pleadings and
22written motions filed in the proceedings, the transcript of
23testimony and the report and orders of the Comptroller. Copies
24of the transcript of such record may be purchased from the

SB2128 Enrolled- 15 -LRB101 07766 JRG 52815 b
1certified shorthand reporter or certified voice writer
2reporter who prepared the record.
3(Source: P.A. 84-839.)
4 (225 ILCS 45/3d) (from Ch. 111 1/2, par. 73.103d)
5 Sec. 3d. Any person affected by a final administrative
6decision of the Comptroller may have such decision reviewed
7judicially by the circuit court of the county where such person
8resides, or in the case of a corporation, where the registered
9office is located. If the plaintiff in the review proceeding is
10not a resident of this State, venue shall be in Sangamon
11County. The provisions of the Administrative Review Law, as now
12or hereafter amended, and any rules adopted thereunder shall
13govern all proceedings for the judicial review of final
14administrative decisions of the Comptroller. The term
15"administrative decision" is defined as in the Administrative
16Review Law.
17 The Comptroller is not required to certify the record of
18the proceeding unless the plaintiff in the review proceedings
19has purchased a copy of the transcript from the certified
20shorthand reporter or certified voice writer reporter who
21prepared the record. Exhibits shall be certified without cost.
22(Source: P.A. 84-839.)
23 Section 30. The Medical Practice Act of 1987 is amended by
24changing Section 39 as follows:

SB2128 Enrolled- 16 -LRB101 07766 JRG 52815 b
1 (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
2 (Section scheduled to be repealed on December 31, 2019)
3 Sec. 39. Certified shorthand reporter or certified voice
4writer reporter; record. The Department, at its expense, shall
5provide a certified shorthand reporter or certified voice
6writer reporter to take down the testimony and preserve a
7record of all proceedings at the hearing of any case wherein a
8license may be revoked, suspended, placed on probationary
9status, or other disciplinary action taken with regard thereto.
10The notice of hearing, complaint and all other documents in the
11nature of pleadings and written motions filed in the
12proceedings, the transcript of testimony, the report of the
13Licensing Board and the orders of the Department constitute the
14record of the proceedings. The Department shall furnish a copy
15of the record to any person interested in such hearing upon
16payment of the fee required under Section 2105-115 of the
17Department of Professional Regulation Law (20 ILCS
182105/2105-115). The Department may contract for court
19reporting services, and, in the event it does so, the
20Department shall provide the name and contact information for
21the certified shorthand reporter or certified voice writer
22reporter who transcribed the testimony at a hearing to any
23person interested, who may obtain a copy of the record of any
24proceedings at a hearing upon payment of the fee specified by
25the certified shorthand reporter or certified voice writer

SB2128 Enrolled- 17 -LRB101 07766 JRG 52815 b
1reporter. This charge is in addition to any fee charged by the
2Department for certifying the record.
3(Source: P.A. 100-429, eff. 8-25-17.)
4 Section 35. The Illinois Explosives Act is amended by
5changing Section 5004 as follows
6 (225 ILCS 210/5004) (from Ch. 96 1/2, par. 1-5004)
7 Sec. 5004. Record of proceedings; transcript. The
8Department or aggrieved party may provide at its or his or her
9expense a certified shorthand reporter or certified voice
10writer reporter to take down the testimony and preserve a
11record of all proceedings at the hearing of any case involving
12denial or refusal to issue or renew a license or certificate,
13or the suspension or revocation or other discipline of a
14license or certificate. Copies of the transcript of such record
15may be purchased from the certified shorthand reporter or
16certified voice writer reporter who prepared the record.
17(Source: P.A. 96-1194, eff. 1-1-11.)
18 Section 40. The Illinois Certified Shorthand Reporters Act
19of 1984 is amended by changing Sections 1, 2, 3, 3.5, 4, 5, 6,
208, 9, 10, 11, 13, 14, 15, 16, 23, 23.1, 23.3, 23.4, 23.10,
2123.13, 25, 26, and 28 as follows:
22 (225 ILCS 415/1) (from Ch. 111, par. 6201)

SB2128 Enrolled- 18 -LRB101 07766 JRG 52815 b
1 (Section scheduled to be repealed on January 1, 2024)
2 Sec. 1. The practice of shorthand reporting and voice
3writer reporting in the State of Illinois is hereby declared to
4affect the public health, safety and welfare and to be subject
5to regulation and control in the public interest. This Act is
6designed to encourage proficiency in the methods practice of
7shorthand reporting and voice writer reporting as a profession;
8to promote efficiency in court and general reporting; and to
9extend to the public the protection afforded by a standardized
10profession by establishing standards a standard of competency
11for certified shorthand reporters and voice writer reporters.
12It is further declared that, in order for the practice of
13shorthand reporting and voice writer reporting as defined in
14this Act to merit and receive the confidence of the public,
15only qualified persons shall be authorized to practice
16shorthand reporting and voice writer reporting in the State of
17Illinois. This Act shall be liberally construed to best carry
18out these subjects and purposes.
19(Source: P.A. 83-73.)
20 (225 ILCS 415/2) (from Ch. 111, par. 6202)
21 (Section scheduled to be repealed on January 1, 2024)
22 Sec. 2. This Act may be cited as the Illinois Certified
23Shorthand Reporters and Voice Writer Reporters Act of 1984.
24(Source: P.A. 87-481.)

SB2128 Enrolled- 19 -LRB101 07766 JRG 52815 b
1 (225 ILCS 415/3) (from Ch. 111, par. 6203)
2 (Section scheduled to be repealed on January 1, 2024)
3 Sec. 3. License required. No person may practice shorthand
4reporting or voice writer reporting on a temporary or permanent
5basis in this State without being certified under this Act.
6This Act does not prohibit any non-resident practicing
7shorthand reporter or non-resident practicing voice writer
8reporter from practicing shorthand reporting or voice writer
9reporting in this State as to one single proceeding.
10(Source: P.A. 98-445, eff. 12-31-13.)
11 (225 ILCS 415/3.5)
12 (Section scheduled to be repealed on January 1, 2024)
13 Sec. 3.5. Uncertified practice; violation; civil penalty.
14 (a) Any person who practices, offers to practice, attempts
15to practice, or holds oneself out to practice as a shorthand
16reporter or a voice writer reporter without being certified
17under this Act shall, in addition to any other penalty provided
18by law, pay a civil penalty to the Department in an amount not
19to exceed $10,000 for each offense as determined by the
20Department and the assessment of costs as provided under
21Section 23.3 of this Act. The civil penalty shall be assessed
22by the Department after a hearing is held in accordance with
23the provisions set forth in this Act regarding the provision of
24a hearing for the discipline of a licensee.
25 (b) The Department has the authority and power to

SB2128 Enrolled- 20 -LRB101 07766 JRG 52815 b
1investigate any and all unlicensed activity.
2 (c) The civil penalty shall be paid within 60 days after
3the effective date of the order imposing the civil penalty. The
4order shall constitute a judgment and may be filed and
5execution had thereon in the same manner as any judgment from
6any court of record.
7 (d) All moneys collected under this Section shall be
8deposited into the General Professions Dedicated Fund.
9(Source: P.A. 98-445, eff. 12-31-13.)
10 (225 ILCS 415/4) (from Ch. 111, par. 6204)
11 (Section scheduled to be repealed on January 1, 2024)
12 Sec. 4. In this Act:
13 (1) "Department" means the Department of Financial and
14Professional Regulation.
15 (2) "Secretary" means the Secretary of Financial and
16Professional Regulation.
17 (3) "Board" means the Certified Shorthand Reporters and
18Voice Writer Reporters Board appointed by the Secretary.
19 (4) "The practice of shorthand reporting" means reporting,
20by the use of any system of manual or mechanical shorthand
21writing, of Grand Jury proceedings, court proceedings, court
22related proceedings, pretrial examinations, depositions,
23motions and related proceedings of like character, or
24proceedings of an administrative agency when the final decision
25of the agency with reference thereto is likely to be subject to

SB2128 Enrolled- 21 -LRB101 07766 JRG 52815 b
1judicial review under the provisions of the Administrative
2Review Law.
3 (5) "Shorthand reporter" means a person who is technically
4qualified and certified under this Act to practice shorthand
5reporting.
6 (6) "Stenographic notes" means the original notes by manual
7or mechanical shorthand, voice writing, or shorthand writing
8taken by a shorthand reporter or voice writer reporter of a
9proceeding while in attendance at such proceeding for the
10purpose of reporting the same.
11 (7) "Address of record" means the designated address
12recorded by the Department in the applicant's or licensee's
13application file or license file as maintained by the
14Department's licensure maintenance unit. It is the duty of the
15applicant or licensee to inform the Department of any change of
16address and those changes must be made either through the
17Department's Internet website or by contacting the Department.
18 (8) "Practice of voice writer reporting" means reporting,
19by the use of a system of repeating words of the speaker into a
20closed microphone voice dictation silencer that is capable of
21digital translation into text, of grand jury proceedings, court
22proceedings, court-related proceedings, pretrial examinations,
23depositions, motions, and related proceedings of like
24character, or proceedings of an administrative agency when the
25final decision of the agency with reference thereto is likely
26to be subject to judicial review under the provisions of the

SB2128 Enrolled- 22 -LRB101 07766 JRG 52815 b
1Administrative Review Law.
2 (9) "Voice writer reporter" means a person who is
3technically qualified and certified under this Act to practice
4voice writer reporting.
5(Source: P.A. 98-445, eff. 12-31-13.)
6 (225 ILCS 415/5) (from Ch. 111, par. 6205)
7 (Section scheduled to be repealed on January 1, 2024)
8 Sec. 5. Title. Every person to whom a valid existing
9certificate as a certified shorthand reporter has been issued
10under this Act shall be designated as a Certified Shorthand
11Reporter and not otherwise, and any such certified shorthand
12reporter may, in connection with his or her practice of
13shorthand reporting, use the abbreviation "C.S.R." or the title
14"Court Reporter". Every person to whom a valid existing
15certificate as a certified voice writer reporter has been
16issued under this Act shall be designated as a certified voice
17writer reporter and not otherwise, and any such certified voice
18writer reporter may, in connection with his or her practice of
19voice writer reporting, use the abbreviation "C.V.W.R." or
20"Court Reporter". No person other than the holder of a valid
21existing certificate under this Act shall use the applicable
22titles or designations authorized under this Section title or
23designation of "Certified Shorthand Reporter", "Court
24Reporter",or "C.S.R.", either directly or indirectly in
25connection with his or her profession or business. A person may

SB2128 Enrolled- 23 -LRB101 07766 JRG 52815 b
1hold valid certificates both as a certified shorthand reporter
2and as a certified voice writer under this Act and may use the
3titles authorized by this Section.
4(Source: P.A. 90-49, eff. 7-3-97.)
5 (225 ILCS 415/6) (from Ch. 111, par. 6206)
6 (Section scheduled to be repealed on January 1, 2024)
7 Sec. 6. Restricted certificate. Upon receipt of a written
8request from the Chief Judge of the reporter's circuit, the
9Department shall, upon payment of the required fee, issue to
10any reporter who has been appointed in counties of less than
111,000,000 in population, has been examined under the Court
12Reporters Act, and has achieved an "A" proficiency rating, a
13restricted certificate by which such official court reporter
14may then lawfully engage in reporting only court proceedings to
15which he or she may be assigned by the Chief Judge of his or her
16circuit.
17(Source: P.A. 98-445, eff. 12-31-13.)
18 (225 ILCS 415/8) (from Ch. 111, par. 6208)
19 (Section scheduled to be repealed on January 1, 2024)
20 Sec. 8. Certified Shorthand Reporters and Voice Writer
21Reporters Board. The Secretary shall appoint a Certified
22Shorthand Reporters and Voice Writer Reporters Board as
23follows: 7 persons who shall be appointed by and shall serve in
24an advisory capacity to the Secretary. At least 5 Six members

SB2128 Enrolled- 24 -LRB101 07766 JRG 52815 b
1must be certified shorthand reporters, in good standing, and
2actively engaged in the practice of shorthand reporting in this
3State for 10 ten years. , One member may be a certified voice
4writer reporter who either is actively engaged in the practice
5of voice writer reporting and is in good standing in this State
6or is actively engaged in the practice of voice writer
7reporting and in good standing in another jurisdiction, and has
8applied for certification in this State. One and one member
9must be a member of the public who is not certified under this
10Act, or a similar Act of another jurisdiction. Members of the
11Board shall have no liability in any action based upon any
12disciplinary proceeding or other activity performed in good
13faith as members of the Board.
14 Members shall serve 4 year terms and until their successors
15are appointed and qualified. No member shall be reappointed to
16the Board for a term that would cause his or her continuous
17service on the Board to be longer than 2 full consecutive
18terms. Appointments to fill vacancies shall be made in the same
19manner as original appointments, for the unexpired portion of
20the vacated term.
21 In making appointments to the Board, the Secretary shall
22give consideration to recommendations by national and State
23organizations of the shorthand reporter and voice writer
24reporter professions profession.
25 Four members of the Board shall constitute a quorum. A
26quorum is required for all Board decisions.

SB2128 Enrolled- 25 -LRB101 07766 JRG 52815 b
1 The Secretary may remove or suspend any member of the Board
2for cause at any time before the expiration of his or her term.
3The Secretary shall be the sole arbiter of cause.
4 The Secretary shall consider the recommendations of the
5Board on questions involving standards of professional
6conduct, discipline and qualifications of candidates and
7certificate holders under this Act.
8 Members of the Board shall be reimbursed for all
9legitimate, necessary, and authorized expenses incurred in
10attending the meetings of the Board.
11 Members of the Board have no liability in any action based
12upon any disciplinary proceedings or other activity performed
13in good faith as members of the Board.
14(Source: P.A. 98-445, eff. 12-31-13.)
15 (225 ILCS 415/9) (from Ch. 111, par. 6209)
16 (Section scheduled to be repealed on January 1, 2024)
17 Sec. 9. Qualifications. Applications for original
18certificates shall be made to the Department in writing on
19forms prescribed by the Department and shall be accompanied by
20the required fee, which shall not be returnable. Any such
21application shall require such information as in the judgment
22of the Department will enable the Department to pass on the
23qualifications of the applicant for certification.
24 In determining competency, the Department shall require
25proof that the applicant has a good understanding of the

SB2128 Enrolled- 26 -LRB101 07766 JRG 52815 b
1English language, including reading, spelling and vocabulary,
2and that the applicant has sufficient ability to accurately
3report any of the matters comprising the practice of shorthand
4reporting or the practice of voice writer reporting, as herein
5defined, by the use of any system of manual or mechanical
6shorthand or shorthand writing or by the use of voice writing,
7and a clear understanding of obligations between a shorthand
8reporter and a voice writer reporter and the parties to any
9proceedings reported, as well as the provisions of this Act.
10(Source: P.A. 98-445, eff. 12-31-13.)
11 (225 ILCS 415/10) (from Ch. 111, par. 6210)
12 (Section scheduled to be repealed on January 1, 2024)
13 Sec. 10. The Department shall authorize examinations at
14such time and place as it may designate. The examination shall
15be of a character to give a fair test of the qualifications of
16the applicant to practice shorthand reporting or to practice
17voice writer reporting.
18 Applicants for examination as certified shorthand
19reporters and for examination as certified voice writer
20reporters shall be required to pay, either to the Department or
21the designated testing service, a fee covering the cost of
22providing the examination. Failure to appear for the
23examination on the scheduled date, at the time and place
24specified, after the applicant's application for examination
25has been received and acknowledged by the Department or the

SB2128 Enrolled- 27 -LRB101 07766 JRG 52815 b
1designated testing service, shall result in the forfeiture of
2the examination fee.
3 If an applicant neglects, fails or refuses to take the next
4available examination offered or fails to pass an examination
5for certification under this Act, the application shall be
6denied. If an applicant for examination for certification under
7this Act fails to pass the examination within 3 years after
8filing his application, the application shall be denied.
9However, such applicant may thereafter make a new application
10accompanied by the required fee.
11 The Department may employ consultants for the purpose of
12preparing and conducting examinations.
13 An applicant has one year from the date of notification of
14successful completion of the examination to apply to the
15Department for a license. If an applicant fails to apply within
16one year, the applicant shall be required to take and pass the
17examination again unless licensed in another jurisdiction of
18the United States within one year of passing the examination.
19(Source: P.A. 98-445, eff. 12-31-13.)
20 (225 ILCS 415/11) (from Ch. 111, par. 6211)
21 (Section scheduled to be repealed on January 1, 2024)
22 Sec. 11. Qualifications; application. A person shall be
23qualified for certification as a certified shorthand reporter
24or for certification as a certified voice writer reporter if:
25 A. That person has applied in writing in form and substance

SB2128 Enrolled- 28 -LRB101 07766 JRG 52815 b
1to the Department; and
2 (1) (Blank);
3 (2) Is of good moral character, the determination of
4 which shall take into account but not be totally based upon
5 any felony conviction of the applicant; and
6 (3) Has graduated from a high school or secondary
7 school or its equivalent; and
8 B. That person has successfully completed the examination
9authorized by the Department.
10 Additional qualifications for the practice of shorthand
11reporting or for the practice of voice writer reporting may be
12set by the Department by rule.
13(Source: P.A. 98-445, eff. 12-31-13.)
14 (225 ILCS 415/13) (from Ch. 111, par. 6213)
15 (Section scheduled to be repealed on January 1, 2024)
16 Sec. 13. No action or suit shall be instituted, nor
17recovery therein be had, in any court of this State by any
18person for compensation for any act done or service rendered,
19the doing or rendering of which is prohibited under the
20provisions of this Act to other than certified shorthand
21reporters or certified voice writer reporters.
22(Source: P.A. 83-73.)
23 (225 ILCS 415/14) (from Ch. 111, par. 6214)
24 (Section scheduled to be repealed on January 1, 2024)

SB2128 Enrolled- 29 -LRB101 07766 JRG 52815 b
1 Sec. 14. Expiration, renewal, and military service. The
2expiration date and renewal period for each certificate issued
3under this Act shall be set by rule.
4 Any certified shorthand reporter or certified voice writer
5reporter who has permitted his or her certificate to expire or
6who has had his or her certificate on inactive status may have
7his or her certificate restored by making application to the
8Department, filing proof acceptable to the Department of his or
9her fitness to have his or her certificate restored and paying
10the required restoration fee. The Department may consider a
11certificate expired less than 5 years as prima facie evidence
12that the applicant is fit. If a certificate has expired or has
13been placed on inactive status and the applicant has practiced
14in another jurisdiction during such period, satisfactory proof
15of fitness may include sworn evidence certifying to active
16practice in another jurisdiction.
17 If the certified shorthand reporter or certified voice
18writer reporter has not maintained an active practice in
19another jurisdiction satisfactory to the Department, the
20Department shall determine, by an evaluation program
21established by rule, his or her fitness to resume active status
22and shall, by rule, establish procedures and requirements for
23restoration.
24 However, any certified shorthand reporter or certified
25voice writer reporter whose certificate expired while he or she
26was (1) in Federal Service on active duty with the Armed Forces

SB2128 Enrolled- 30 -LRB101 07766 JRG 52815 b
1of the United States, or the State Militia called into service
2or training, or (2) in training or education under the
3supervision of the United States preliminary to induction into
4the military service, may have his or her certificate renewed
5or restored without paying any lapsed renewal fees if within 2
6years after termination of such service, training or education
7except under conditions other than honorable, he or she
8furnished the Department with satisfactory evidence to the
9effect that he or she has been so engaged and that his or her
10service, training or education has been so terminated.
11(Source: P.A. 98-445, eff. 12-31-13.)
12 (225 ILCS 415/15) (from Ch. 111, par. 6215)
13 (Section scheduled to be repealed on January 1, 2024)
14 Sec. 15. Inactive status. Any certified shorthand reporter
15or certified voice writer reporter who notifies the Department
16in writing on forms prescribed by the Department, may elect to
17place his or her certificate on an inactive status and shall,
18subject to rules of the Department, be excused from payment of
19renewal fees until he or she notifies the Department in writing
20of his or her desire to resume active status.
21 Any certified shorthand reporter or certified voice writer
22reporter requesting restoration from inactive status shall be
23required to pay the current renewal fee and shall be required
24to restore his or her certificate, as provided in Section 14.
25 Any certified shorthand reporter or certified voice writer

SB2128 Enrolled- 31 -LRB101 07766 JRG 52815 b
1reporter whose certificate is in an inactive status shall not
2practice shorthand reporting or voice writer reporting in the
3State of Illinois.
4(Source: P.A. 98-445, eff. 12-31-13.)
5 (225 ILCS 415/16) (from Ch. 111, par. 6216)
6 (Section scheduled to be repealed on January 1, 2024)
7 Sec. 16. Endorsement; licensure without examination. The
8Department may certify as a certified shorthand reporter or as
9a certified voice writer reporter, without examination, on
10payment of the required fee, an applicant who is a certified
11shorthand reporter or certified voice writer reporter
12registered under the laws of another jurisdiction, if the
13requirements for certification of certified shorthand
14reporters or certified voice writer reporters in that
15jurisdiction were, at the date of his or her certification,
16substantially equivalent to the requirements in force in this
17State on that date.
18 Applicants have 3 years from the date of application to
19complete the application process. If the process has not been
20completed in 3 years, the application shall be denied, the fee
21forfeited and the applicant must reapply and meet the
22requirements in effect at the time of reapplication.
23(Source: P.A. 98-445, eff. 12-31-13.)
24 (225 ILCS 415/23) (from Ch. 111, par. 6223)

SB2128 Enrolled- 32 -LRB101 07766 JRG 52815 b
1 (Section scheduled to be repealed on January 1, 2024)
2 Sec. 23. Grounds for disciplinary action.
3 (a) The Department may refuse to issue or renew, or may
4revoke, suspend, place on probation, reprimand or take other
5disciplinary or non-disciplinary action as the Department may
6deem appropriate, including imposing fines not to exceed
7$10,000 for each violation and the assessment of costs as
8provided for in Section 23.3 of this Act, with regard to any
9license for any one or combination of the following:
10 (1) Material misstatement in furnishing information to
11 the Department;
12 (2) Violations of this Act, or of the rules promulgated
13 thereunder;
14 (3) Conviction by plea of guilty or nolo contendere,
15 finding of guilt, jury verdict, or entry of judgment or by
16 sentencing of any crime, including, but not limited to,
17 convictions, preceding sentences of supervision,
18 conditional discharge, or first offender probation under
19 the laws of any jurisdiction of the United States: (i) that
20 is a felony or (ii) that is a misdemeanor, an essential
21 element of which is dishonesty, or that is directly related
22 to the practice of the profession;
23 (4) Fraud or any misrepresentation in applying for or
24 procuring a license under this Act or in connection with
25 applying for renewal of a license under this Act;
26 (5) Professional incompetence;

SB2128 Enrolled- 33 -LRB101 07766 JRG 52815 b
1 (6) Aiding or assisting another person, firm,
2 partnership or corporation in violating any provision of
3 this Act or rules;
4 (7) Failing, within 60 days, to provide information in
5 response to a written request made by the Department;
6 (8) Engaging in dishonorable, unethical or
7 unprofessional conduct of a character likely to deceive,
8 defraud or harm the public;
9 (9) Habitual or excessive use or abuse of drugs defined
10 in law as controlled substances, alcohol, or any other
11 substances that results in the inability to practice with
12 reasonable judgment, skill, or safety;
13 (10) Discipline by another state, unit of government,
14 government agency, the District of Columbia, a territory,
15 or foreign nation, if at least one of the grounds for the
16 discipline is the same or substantially equivalent to those
17 set forth herein;
18 (11) Charging for professional services not rendered,
19 including filing false statements for the collection of
20 fees for which services were not rendered, or giving,
21 directly or indirectly, any gift or anything of value to
22 attorneys or their staff or any other persons or entities
23 associated with any litigation, that exceeds $100 total per
24 year; for the purposes of this Section, pro bono services,
25 as defined by State law, are permissible in any amount;
26 (12) A finding by the Board that the certificate

SB2128 Enrolled- 34 -LRB101 07766 JRG 52815 b
1 holder, after having his or her certificate placed on
2 probationary status, has violated the terms of probation;
3 (13) Willfully making or filing false records or
4 reports in the practice of shorthand reporting or in the
5 practice of voice writer reporting, including but not
6 limited to false records filed with State agencies or
7 departments;
8 (14) Physical illness, including but not limited to,
9 deterioration through the aging process, or loss of motor
10 skill which results in the inability to practice under this
11 Act with reasonable judgment, skill or safety;
12 (15) Solicitation of professional services other than
13 by permitted advertising;
14 (16) Willful failure to take full and accurate
15 stenographic notes of any proceeding;
16 (17) Willful alteration of any stenographic notes
17 taken at any proceeding;
18 (18) Willful failure to accurately transcribe verbatim
19 any stenographic notes taken at any proceeding;
20 (19) Willful alteration of a transcript of
21 stenographic notes taken at any proceeding;
22 (20) Affixing one's signature to any transcript of his
23 stenographic notes or certifying to its correctness unless
24 the transcript has been prepared by him or under his
25 immediate supervision;
26 (21) Willful failure to systematically retain

SB2128 Enrolled- 35 -LRB101 07766 JRG 52815 b
1 stenographic notes or transcripts on paper or any
2 electronic media for 10 years from the date that the notes
3 or transcripts were taken;
4 (22) Failure to deliver transcripts in a timely manner
5 or in accordance with contractual agreements;
6 (23) Establishing contingent fees as a basis of
7 compensation;
8 (24) Mental illness or disability that results in the
9 inability to practice under this Act with reasonable
10 judgment, skill, or safety;
11 (25) Practicing under a false or assumed name, except
12 as provided by law;
13 (26) Cheating on or attempting to subvert the licensing
14 examination administered under this Act;
15 (27) Allowing one's license under this Act to be used
16 by an unlicensed person in violation of this Act.
17 All fines imposed under this Section shall be paid within
1860 days after the effective date of the order imposing the fine
19or in accordance with the terms set forth in the order imposing
20the fine.
21 (b) The determination by a circuit court that a certificate
22holder is subject to involuntary admission or judicial
23admission as provided in the Mental Health and Developmental
24Disabilities Code, operates as an automatic suspension. Such
25suspension will end only upon a finding by a court that the
26patient is no longer subject to involuntary admission or

SB2128 Enrolled- 36 -LRB101 07766 JRG 52815 b
1judicial admission, an order by the court so finding and
2discharging the patient. In any case where a license is
3suspended under this Section, the licensee may file a petition
4for restoration and shall include evidence acceptable to the
5Department that the licensee can resume practice in compliance
6with acceptable and prevailing standards of the profession.
7 (c) In cases where the Department of Healthcare and Family
8Services has previously determined a licensee or a potential
9licensee is more than 30 days delinquent in the payment of
10child support and has subsequently certified the delinquency to
11the Department, the Department may refuse to issue or renew or
12may revoke or suspend that person's license or may take other
13disciplinary action against that person based solely upon the
14certification of delinquency made by the Department of
15Healthcare and Family Services in accordance with item (5) of
16subsection (a) of Section 2105-15 of the Civil Administrative
17Code of Illinois.
18 (d) In enforcing this Section, the Department, upon a
19showing of a possible violation, may compel any individual who
20is certified under this Act or any individual who has applied
21for certification under this Act to submit to a mental or
22physical examination and evaluation, or both, which may include
23a substance abuse or sexual offender evaluation, at the expense
24of the Department. The Department shall specifically designate
25the examining physician licensed to practice medicine in all of
26its branches or, if applicable, the multidisciplinary team

SB2128 Enrolled- 37 -LRB101 07766 JRG 52815 b
1involved in providing the mental or physical examination and
2evaluation, or both. The multidisciplinary team shall be led by
3a physician licensed to practice medicine in all of its
4branches and may consist of one or more or a combination of
5physicians licensed to practice medicine in all of its
6branches, licensed chiropractic physicians, licensed clinical
7psychologists, licensed clinical social workers, licensed
8clinical professional counselors, and other professional and
9administrative staff. Any examining physician or member of the
10multidisciplinary team may require any person ordered to submit
11to an examination and evaluation pursuant to this Section to
12submit to any additional supplemental testing deemed necessary
13to complete any examination or evaluation process, including,
14but not limited to, blood testing, urinalysis, psychological
15testing, or neuropsychological testing.
16 The Department may order the examining physician or any
17member of the multidisciplinary team to provide to the
18Department any and all records, including business records,
19that relate to the examination and evaluation, including any
20supplemental testing performed. The Department may order the
21examining physician or any member of the multidisciplinary team
22to present testimony concerning this examination and
23evaluation of the certified shorthand reporter, certified
24voice writer reporter, or applicant, including testimony
25concerning any supplemental testing or documents relating to
26the examination and evaluation. No information, report,

SB2128 Enrolled- 38 -LRB101 07766 JRG 52815 b
1record, or other documents in any way related to the
2examination and evaluation shall be excluded by reason of any
3common law or statutory privilege relating to communication
4between the licensee or applicant and the examining physician
5or any member of the multidisciplinary team. No authorization
6is necessary from the certified shorthand reporter or applicant
7ordered to undergo an evaluation and examination for the
8examining physician or any member of the multidisciplinary team
9to provide information, reports, records, or other documents or
10to provide any testimony regarding the examination and
11evaluation. The individual to be examined may have, at his or
12her own expense, another physician of his or her choice present
13during all aspects of the examination.
14 Failure of any individual to submit to mental or physical
15examination and evaluation, or both, when directed, shall
16result in an automatic suspension, without hearing, until such
17time as the individual submits to the examination. If the
18Department finds a certified shorthand reporter or certified
19voice writer reporter unable to practice because of the reasons
20set forth in this Section, the Department shall require the
21certified shorthand reporter or certified voice writer
22reporter to submit to care, counseling, or treatment by
23physicians approved or designated by the Department, as a
24condition for continued, reinstated, or renewed certification.
25 When the Secretary immediately suspends a certificate
26under this Section, a hearing upon the person's certificate

SB2128 Enrolled- 39 -LRB101 07766 JRG 52815 b
1must be convened by the Department within 15 days after the
2suspension and completed without appreciable delay. The
3Department shall have the authority to review the certified
4shorthand reporter's or certified voice writer reporter's
5record of treatment and counseling regarding the impairment, to
6the extent permitted by applicable federal statutes and
7regulations safeguarding the confidentiality of medical
8records.
9 Individuals certified under this Act, affected under this
10Section, shall be afforded an opportunity to demonstrate to the
11Department that they can resume practice in compliance with
12acceptable and prevailing standards under the provisions of
13their certification.
14 (e) (Blank).
15 (f) The Department may refuse to issue or may suspend
16without hearing, as provided for in the Code of Civil
17Procedure, the license of any person who fails to file a
18return, to pay the tax, penalty, or interest shown in a filed
19return, or to pay any final assessment of tax, penalty, or
20interest as required by any tax Act administered by the
21Illinois Department of Revenue, until such time as the
22requirements of any such tax Act are satisfied in accordance
23with subsection (g) of Section 2105-15 of the Civil
24Administrative Code of Illinois.
25(Source: P.A. 100-872, eff. 8-14-18.)

SB2128 Enrolled- 40 -LRB101 07766 JRG 52815 b
1 (225 ILCS 415/23.1) (from Ch. 111, par. 6224)
2 (Section scheduled to be repealed on January 1, 2024)
3 Sec. 23.1. Injunctive actions; order to cease and desist.
4 (a) If any person violates the provisions of this Act, the
5Secretary may, in the name of the People of the State of
6Illinois, through the Attorney General of the State of Illinois
7or the State's Attorney of the county in which the violation is
8alleged to have occurred, petition for an order enjoining such
9violation or for an order enforcing compliance with this Act.
10Upon the filing of a verified petition in such court, the court
11may issue a temporary restraining order, without notice or
12bond, and may preliminarily and permanently enjoin such
13violation. If it is established that such person has violated
14or is violating the injunction, the court may punish the
15offender for contempt of court. Proceedings under this Section
16shall be in addition to, and not in lieu of, all other remedies
17and penalties provided by this Act.
18 (b) If any person practices as a certified shorthand
19reporter or certified voice writer reporter or holds himself or
20herself out as a certified shorthand reporter or certified
21voice writer reporter without being licensed under the
22provisions of this Act then any certified shorthand reporter,
23any certified voice writer reporter, any interested party or
24any person injured thereby may, in addition to the Secretary,
25petition for relief as provided in subsection (a).
26 (c) Whenever in the opinion of the Department any person

SB2128 Enrolled- 41 -LRB101 07766 JRG 52815 b
1violates any provision of this Act, the Department may issue a
2rule to show cause why an order to cease and desist should not
3be entered against that individual. The rule shall clearly set
4forth the grounds relied upon by the Department and shall
5provide a period of 7 days from the date of the rule to file an
6answer to the satisfaction of the Department. Failure to answer
7to the satisfaction of the Department shall cause an order to
8cease and desist to be issued forthwith.
9(Source: P.A. 98-445, eff. 12-31-13.)
10 (225 ILCS 415/23.3) (from Ch. 111, par. 6226)
11 (Section scheduled to be repealed on January 1, 2024)
12 Sec. 23.3. Records of proceedings. The Department, at its
13expense, shall preserve a record of all proceedings at the
14formal hearing of any case. The notice of hearing, complaint
15and all other documents in the nature of pleadings and written
16motions filed in the proceedings, the transcript of testimony,
17the report of the Board and orders of the Department, shall be
18the record of such proceeding. Any certified shorthand reporter
19or certified voice writer reporter who is found to have
20violated this Act or who fails to appear for a hearing to
21refuse to issue, restore, or renew a license or to discipline a
22licensee may be required by the Department to pay for the costs
23of the proceeding. These costs are limited to costs for court
24reporters, transcripts, and witness attendance and mileage
25fees. All costs imposed under this Section shall be paid within

SB2128 Enrolled- 42 -LRB101 07766 JRG 52815 b
160 days after the effective date of the order imposing the
2fine.
3(Source: P.A. 98-445, eff. 12-31-13.)
4 (225 ILCS 415/23.4) (from Ch. 111, par. 6227)
5 (Section scheduled to be repealed on January 1, 2024)
6 Sec. 23.4. Subpoenas; oaths. The Department may subpoena
7and bring before it any person and to take the oral or written
8testimony or compel the production of any books, papers,
9records, or any other documents that the Secretary or his or
10her designee deems relevant or material to an investigation or
11hearing conducted by the Department with the same fees and
12mileage and in the same manner as prescribed by law in judicial
13procedure in civil cases in courts of this State.
14 The Secretary, the designated hearing officer, any member
15of the Board, or a certified shorthand court reporter or a
16certified voice writer reporter may have power to administer
17oaths at any hearing which the Department conducts.
18Notwithstanding any other statute or Department rule to the
19contrary, all requests for testimony and production of
20documents or records shall be in accordance with this Act.
21(Source: P.A. 98-445, eff. 12-31-13.)
22 (225 ILCS 415/23.13) (from Ch. 111, par. 6236)
23 (Section scheduled to be repealed on January 1, 2024)
24 Sec. 23.13. Summary suspension. The Secretary may

SB2128 Enrolled- 43 -LRB101 07766 JRG 52815 b
1summarily suspend the certificate of a certified shorthand
2reporter or a certified voice writer reporter without a
3hearing, simultaneously with the institution of proceedings
4for a hearing provided for in Section 23.2 of this Act, if the
5Secretary finds that the evidence indicates that a certified
6shorthand reporter's or a certified voice writer reporter's
7continuation in practice would constitute an imminent danger to
8the public. In the event that the Secretary summarily suspends
9the certificate of a certified shorthand reporter or a
10certified voice writer reporter without a hearing, a hearing
11shall be commenced within 30 days after such suspension has
12occurred and shall be concluded as expeditiously as possible.
13(Source: P.A. 98-445, eff. 12-31-13.)
14 (225 ILCS 415/25) (from Ch. 111, par. 6241)
15 (Section scheduled to be repealed on January 1, 2024)
16 Sec. 25. Home rule. The regulation and licensing of a
17shorthand reporter or a voice writer reporter are exclusive
18powers and functions of the State. A home rule unit may not
19regulate or license a shorthand reporter or the practice of
20shorthand reporting or regulate or license a voice writer
21reporter or the practice of voice writer reporting. This
22Section is a denial and limitation of home rule powers and
23functions under subsection (h) of Section 6 of Article VII of
24the Illinois Constitution.
25(Source: P.A. 98-445, eff. 12-31-13.)

SB2128 Enrolled- 44 -LRB101 07766 JRG 52815 b
1 (225 ILCS 415/26) (from Ch. 111, par. 6242)
2 (Section scheduled to be repealed on January 1, 2024)
3 Sec. 26. Every shorthand reporter and voice writer reporter
4shall print his or her name and license or restricted license
5number on each transcript reported.
6(Source: P.A. 87-481; 87-576.)
7 (225 ILCS 415/28)
8 (Section scheduled to be repealed on January 1, 2024)
9 Sec. 28. Payment for services. A person certified under
10this Act may hold an attorney, firm, or any other entity
11personally responsible for payment of shorthand reporting
12services or voice writer reporting services rendered at the
13request of that attorney, firm, or entity.
14(Source: P.A. 90-295, eff. 8-1-97.)
15 Section 45. The Illinois Public Accounting Act is amended
16by changing Section 20.2 as follows:
17 (225 ILCS 450/20.2) (from Ch. 111, par. 5523)
18 (Section scheduled to be repealed on January 1, 2024)
19 Sec. 20.2. Subpoenas; depositions; oaths.
20 (a) The Department may subpoena and bring before it any
21person to take the oral or written testimony or compel the
22production of any books, papers, records, or any other

SB2128 Enrolled- 45 -LRB101 07766 JRG 52815 b
1documents that the Secretary or his or her designee deems
2relevant or material to any investigation or hearing conducted
3by the Department with the same fees and mileage as prescribed
4in civil cases in circuit courts of this State and in the same
5manner as prescribed by this Act and its rules.
6 (b) The Secretary, any member of the Committee designated
7by the Secretary, a certified shorthand reporter or certified
8voice writer reporter, or any hearing officer appointed may
9administer oaths at any hearing which the Department conducts.
10Notwithstanding any statute or Department rule to the contrary,
11all requests for testimony, production of documents, or records
12shall be in accordance with this Act.
13(Source: P.A. 98-254, eff. 8-9-13.)
14 Section 50. The Real Estate Appraiser Licensing Act of 2002
15is amended by changing Section 15-15 as follows:
16 (225 ILCS 458/15-15)
17 (Section scheduled to be repealed on January 1, 2022)
18 Sec. 15-15. Investigation; notice; hearing.
19 (a) Upon the motion of the Department or the Board or upon
20a complaint in writing of a person setting forth facts that, if
21proven, would constitute grounds for suspension, revocation,
22or other disciplinary action against a licensee or applicant
23for licensure, the Department shall investigate the actions of
24the licensee or applicant. If, upon investigation, the

SB2128 Enrolled- 46 -LRB101 07766 JRG 52815 b
1Department believes that there may be cause for suspension,
2revocation, or other disciplinary action, the Department shall
3use the services of a State certified general real estate
4appraiser, a State certified residential real estate
5appraiser, or the Real Estate Coordinator to assist in
6determining whether grounds for disciplinary action exist
7prior to commencing formal disciplinary proceedings.
8 (b) Formal disciplinary proceedings shall commence upon
9the issuance of a written complaint describing the charges that
10are the basis of the disciplinary action and delivery of the
11detailed complaint to the address of record of the licensee or
12applicant. The Department shall notify the licensee or
13applicant to file a verified written answer within 20 days
14after the service of the notice and complaint. The notification
15shall inform the licensee or applicant of his or her right to
16be heard in person or by legal counsel; that the hearing will
17be afforded not sooner than 30 days after service of the
18complaint; that failure to file an answer will result in a
19default being entered against the licensee or applicant; that
20the license may be suspended, revoked, or placed on
21probationary status; and that other disciplinary action may be
22taken pursuant to this Act, including limiting the scope,
23nature, or extent of the licensee's practice. If the licensee
24or applicant fails to file an answer after service of notice,
25his or her license may, at the discretion of the Department, be
26suspended, revoked, or placed on probationary status and the

SB2128 Enrolled- 47 -LRB101 07766 JRG 52815 b
1Department may take whatever disciplinary action it deems
2proper, including limiting the scope, nature, or extent of the
3person's practice, without a hearing.
4 (c) At the time and place fixed in the notice, the Board
5shall conduct hearing of the charges, providing both the
6accused person and the complainant ample opportunity to present
7in person or by counsel such statements, testimony, evidence,
8and argument as may be pertinent to the charges or to a defense
9thereto.
10 (d) The Board shall present to the Secretary a written
11report of its findings and recommendations. A copy of the
12report shall be served upon the licensee or applicant, either
13personally or by certified mail. Within 20 days after the
14service, the licensee or applicant may present the Secretary
15with a motion in writing for either a rehearing, a proposed
16finding of fact, a conclusion of law, or an alternative
17sanction, and shall specify the particular grounds for the
18request. If the accused orders a transcript of the record as
19provided in this Act, the time elapsing thereafter and before
20the transcript is ready for delivery to the accused shall not
21be counted as part of the 20 days. If the Secretary is not
22satisfied that substantial justice has been done, the Secretary
23may order a rehearing by the Board or other special committee
24appointed by the Secretary, may remand the matter to the Board
25for its reconsideration of the matter based on the pleadings
26and evidence presented to the Board, or may enter a final order

SB2128 Enrolled- 48 -LRB101 07766 JRG 52815 b
1in contravention of the Board's recommendation.
2Notwithstanding a licensee's or applicant's failure to file a
3motion for rehearing, the Secretary shall have the right to
4take any of the actions specified in this subsection (d). Upon
5the suspension or revocation of a license, the licensee shall
6be required to surrender his or her license to the Department,
7and upon failure or refusal to do so, the Department shall have
8the right to seize the license.
9 (e) The Department has the power to issue subpoenas and
10subpoenas duces tecum to bring before it any person in this
11State, to take testimony, or to require production of any
12records relevant to an inquiry or hearing by the Board in the
13same manner as prescribed by law in judicial proceedings in the
14courts of this State. In a case of refusal of a witness to
15attend, testify, or to produce books or papers concerning a
16matter upon which he or she might be lawfully examined, the
17circuit court of the county where the hearing is held, upon
18application of the Department or any party to the proceeding,
19may compel obedience by proceedings as for contempt.
20 (f) Any license that is suspended indefinitely or revoked
21may not be restored for a minimum period of 2 years, or as
22otherwise ordered by the Secretary.
23 (g) In addition to the provisions of this Section
24concerning the conduct of hearings and the recommendations for
25discipline, the Department has the authority to negotiate
26disciplinary and non-disciplinary settlement agreements

SB2128 Enrolled- 49 -LRB101 07766 JRG 52815 b
1concerning any license issued under this Act. All such
2agreements shall be recorded as Consent Orders or Consent to
3Administrative Supervision Orders.
4 (h) The Secretary shall have the authority to appoint an
5attorney duly licensed to practice law in the State of Illinois
6to serve as the hearing officer in any action to suspend,
7revoke, or otherwise discipline any license issued by the
8Department. The Hearing Officer shall have full authority to
9conduct the hearing.
10 (i) The Department, at its expense, shall preserve a record
11of all formal hearings of any contested case involving the
12discipline of a license. At all hearings or pre-hearing
13conferences, the Department and the licensee shall be entitled
14to have the proceedings transcribed by a certified shorthand
15reporter or certified voice writer reporter. A copy of the
16transcribed proceedings shall be made available to the licensee
17by the certified shorthand reporter or certified voice writer
18reporter upon payment of the prevailing contract copy rate.
19(Source: P.A. 100-831, eff. 1-1-19.)
20 Section 55. The Animal Welfare Act is amended by changing
21Section 15 as follows:
22 (225 ILCS 605/15) (from Ch. 8, par. 315)
23 Sec. 15. Any person affected by a final administrative
24decision of the Department may have such decision reviewed

SB2128 Enrolled- 50 -LRB101 07766 JRG 52815 b
1judicially by the circuit court of the county wherein such
2person resides, or in the case of a corporation, wherein the
3registered office is located. If the plaintiff in the review
4proceeding is not a resident of this state, the venue shall be
5in Sangamon County. The provisions of the Administrative Review
6Law, and all amendments and modifications thereof, and the
7rules adopted pursuant thereto, shall apply to and govern all
8proceedings for the judicial review of final administrative
9decisions of the Department hereunder. The term
10"administrative decision" is defined as in Section 3-101 of the
11Code of Civil Procedure.
12 The Department shall not be required to certify the record
13of the proceeding unless the plaintiff in the review
14proceedings has purchased a copy from the certified shorthand
15reporter or certified voice writer reporter who prepared the
16record. Exhibits shall be certified without cost.
17(Source: P.A. 82-783.)
18 Section 60. The Liquor Control Act of 1934 is amended by
19changing Section 7-9 as follows:
20 (235 ILCS 5/7-9) (from Ch. 43, par. 153)
21 Sec. 7-9. Except as provided in this Section, any order or
22action of a local liquor control commissioner levying a fine or
23refusing to levy a fine on a licensee, granting or refusing to
24grant a license, revoking or suspending or refusing to revoke

SB2128 Enrolled- 51 -LRB101 07766 JRG 52815 b
1or suspend a license or refusing for more than 30 days to grant
2a hearing upon a complaint to revoke or suspend a license may,
3within 20 days after notice of such order or action, be
4appealed by any resident of the political subdivision under the
5jurisdiction of the local liquor control commissioner or any
6person interested, to the State Commission.
7 In any case where a licensee appeals to the State
8Commission from an order or action of the local liquor control
9commission having the effect of suspending or revoking a
10license, denying a renewal application, or refusing to grant a
11license, the licensee shall resume the operation of the
12licensed business pending the decision of the State Commission
13and the expiration of the time allowed for an application for
14rehearing. If an application for rehearing is filed, the
15licensee shall continue the operation of the licensed business
16until the denial of the application or, if the rehearing is
17granted, until the decision on rehearing.
18 In any case in which a licensee appeals to the State
19Commission a suspension or revocation by a local liquor control
20commissioner that is the second or subsequent such suspension
21or revocation placed on that licensee within the preceding 12
22month period, the licensee shall consider the suspension or
23revocation to be in effect until a reversal of the local liquor
24control commissioner's action has been issued by the State
25Commission and shall cease all activity otherwise authorized by
26the license. The State Commission shall expedite, to the

SB2128 Enrolled- 52 -LRB101 07766 JRG 52815 b
1greatest extent possible, its consideration of any appeal that
2is an appeal of a second or subsequent suspension or revocation
3within the past 12 month period.
4 The appeal shall be limited to a review of the official
5record of the proceedings of such local liquor control
6commissioner if the county board, city council or board of
7trustees, as the case may be, has adopted a resolution
8requiring that such review be on the record. If such resolution
9is adopted, a certified official record of the proceedings
10taken and prepared by a certified court reporter, or certified
11shorthand reporter, or certified voice writer reporter shall be
12filed by the local liquor control commissioner within 5 days
13after notice of the filing of such appeal, if the appellant
14licensee pays for the cost of the transcript. The State
15Commission shall review the propriety of the order or action of
16the local liquor control commissioner and shall consider the
17following questions:
18 (a) whether the local liquor control commissioner has
19 proceeded in the manner provided by law;
20 (b) whether the order is supported by the findings;
21 (c) whether the findings are supported by substantial
22 evidence in the light of the whole record.
23 The only evidence which may be considered in the review,
24shall be the evidence found in the certified official record of
25the proceedings of the local liquor control commissioner. No
26new or additional evidence shall be admitted or considered. The

SB2128 Enrolled- 53 -LRB101 07766 JRG 52815 b
1State Commission shall render a decision affirming, reversing
2or modifying the order or action reviewed within 30 days after
3the appeal was heard.
4 In the event such appeal is from an order of a local liquor
5control commissioner of a city, village or incorporated town of
6500,000 or more inhabitants, granting or refusing to grant a
7license or refusing for more than 30 days to grant a hearing
8upon a complaint to revoke or suspend a license, the matter of
9the propriety of such order or action shall be tried de novo by
10the license appeal commission as expeditiously as
11circumstances permit.
12 In the event such appeal is from an order or action of a
13local liquor control commissioner of a city, village or
14incorporated town of 500,000 or more inhabitants, imposing a
15fine or refusing to impose a fine on a licensee, revoking or
16suspending or refusing to revoke or suspend a license, the
17license appeal commission shall determine the appeal by a
18review of the official record of the proceedings of such local
19liquor control commissioner. A certified record of the
20proceedings shall be promptly filed with the license appeal
21commission by such local liquor control commissioner after
22notice of the filing of such appeal if the appellant licensee
23pays for the cost of the transcript and promptly delivers the
24transcript to the local liquor control commission or its
25attorney. The review by the license appeal commission shall be
26limited to the questions:

SB2128 Enrolled- 54 -LRB101 07766 JRG 52815 b
1 (a) whether the local liquor control commissioner has
2 proceeded in the manner provided by law;
3 (b) whether the order is supported by the findings;
4 (c) whether the findings are supported by substantial
5 evidence in the light of the whole record.
6No new or additional evidence in support of or in opposition to
7such order or action under appeal shall be received other than
8that contained in such record of the proceedings. Within 30
9days after such appeal was heard, the license appeal commission
10shall render its decision in accordance with the provisions of
11Section 7-5.
12 In cities, villages and incorporated towns having a
13population of 500,000 or more inhabitants, appeals from any
14order or action shall lie to the license appeal commission of
15such city, village or incorporated town. All of the provisions
16of this Section and Section 7-10 relative to proceedings upon
17appeals before the State Commission and relative to appeals
18from the decisions of the State Commission shall apply also to
19proceedings upon appeals before any license appeal commission
20and appeals from the decisions of license appeal commission.
21 In any trial de novo hearing before the State Commission or
22license appeal commission, the local liquor control
23commissioner shall be entitled to 10 days notice and to be
24heard. All such trial de novo hearings shall be open to the
25public and the Illinois Liquor Control Commission and the
26license appeal commission shall reduce all evidence offered

SB2128 Enrolled- 55 -LRB101 07766 JRG 52815 b
1thereto to writing.
2 If after trial de novo hearing or review as provided
3herein, the State Commission or the license appeal commission
4(as the case may be) shall decide that the license has been
5improperly issued, denied, revoked, suspended or refused to be
6revoked or suspended or a hearing to revoke or suspend has been
7improperly refused or that the licensee has been improperly
8fined or not fined, it shall enter an order in conformity with
9such findings, which order shall be in writing.
10 A certified copy of the order shall be transmitted to the
11particular local liquor control commissioner and it shall be
12the duty of the local liquor control commissioner to take such
13action as may be necessary to conform with the order.
14 In any trial de novo hearing before the State Commission or
15the license appeal commission, the licensee shall submit to
16examination and produce books and records material to the
17business conducted under the license in like manner as before
18the local liquor control commissioner, and the failure of the
19licensee to submit to such an examination or to produce such
20books and records, or to appear at the hearing on such appeal,
21shall constitute an admission that he has violated the
22provisions of this Act. In the event the appeal is from an
23order of the local liquor control commissioner denying a
24renewal application, the licensee shall have on deposit with
25the local liquor control commissioner an amount sufficient to
26cover the license fee for the renewal period and any bond that

SB2128 Enrolled- 56 -LRB101 07766 JRG 52815 b
1may be required.
2(Source: P.A. 88-613, eff. 1-1-95.)
3 Section 65. The Salvage Warehouse and Salvage Warehouse
4Store Act is amended by changing Section 10 as follows:
5 (240 ILCS 30/10) (from Ch. 114, par. 410)
6 Sec. 10. The Department, at its expense, shall provide a
7stenographer to take down the testimony and preserve a record
8of all proceedings at the hearing of any case involving the
9refusal to issue or renew, or the suspension or revocation of a
10license. The notice of hearing, complaint and all other
11documents in the nature of pleadings and written motions filed
12in the proceedings, the transcript of testimony, and orders of
13the Department shall be the record of such proceedings. Any
14interested person may purchase a copy of the transcript of the
15record from the certified shorthand reporter or certified voice
16writer reporter who prepared the record.
17 In any case involving the refusal to issue or renew or the
18suspension or revocation of a license, a copy of the
19Department's report shall be served upon the respondent by the
20Department, either personally or by registered or certified
21mail as provided in this Act for the service of the notice of
22hearing. Within 20 days after such service, the respondent may
23present to the Department a motion in writing for a rehearing,
24which written motion shall specify the particular grounds

SB2128 Enrolled- 57 -LRB101 07766 JRG 52815 b
1therefor. If no motion for rehearing is filed, then upon the
2expiration of the time specified for filing such a motion, or
3if a motion for rehearing is denied, then upon such denial, the
4Director may enter an order. If the respondent shall order and
5pay for a transcript of the record within the time for filing a
6motion for rehearing, the 20 day period within which such a
7motion may be filed shall commence upon the delivery of the
8transcript to the respondent.
9(Source: P.A. 81-750.)
10 Section 67. The Court Reporters Act is amended by changing
11Section 5 as follows:
12 (705 ILCS 70/5) (from Ch. 37, par. 655)
13 Sec. 5. Means of reporting; transcripts. The court reporter
14shall make a full reporting by means of stenographic hand or
15machine notes, voice writer reporting, or a combination
16thereof, of the evidence and such other proceedings in trials
17and judicial proceedings to which he is assigned by the chief
18judge, and the court reporter may use an electronic instrument
19as a supplementary device. In the event that the court utilizes
20an audio or video recording system to record the proceedings, a
21court reporter shall be in charge of such system; however, the
22appointment of a court reporter to be in charge of an audio or
23video recording system shall not be required where such system
24is the judge's personal property or has been supplied by a

SB2128 Enrolled- 58 -LRB101 07766 JRG 52815 b
1party or such party's attorney. To the extent that it does not
2substantially interfere with the court reporter's other
3official duties, the judge to whom, or a judge of the division
4to which, a reporter is assigned may assign a reporter to
5secretarial or clerical duties arising out of official court
6operations.
7 Unless and until otherwise provided in a Uniform Schedule
8of Charges which may hereafter be provided by rule or order of
9the employer representative, a court reporter may charge not to
10exceed 25 per 100 words for making transcripts of his notes.
11The fees for making transcripts shall be paid in the first
12instance by the party in whose behalf such transcript is
13ordered and shall be taxed in the suit.
14 The transcripts shall be filed and remain with the papers
15of the case. When the judge trying the case shall, of his own
16motion, order a transcript of the court reporter's notes, the
17judge may direct the payment of the charges therefor, and the
18taxation of the charges as costs in such manner as to him may
19seem just. Provided, that the charges for making but one
20transcript shall be taxed as costs and the party first ordering
21the transcript shall have preference unless it shall be
22otherwise ordered by the court.
23 The change made to this Section by this amendatory Act of
241987 is intended to apply retroactively from and after January
251, 1987.
26(Source: P.A. 94-98, eff. 7-1-05.)

SB2128 Enrolled- 59 -LRB101 07766 JRG 52815 b
1 Section 70. The Unified Code of Corrections is amended by
2changing Section 5-5-5 as follows:
3 (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
4 Sec. 5-5-5. Loss and restoration of rights.
5 (a) Conviction and disposition shall not entail the loss by
6the defendant of any civil rights, except under this Section
7and Sections 29-6 and 29-10 of The Election Code, as now or
8hereafter amended.
9 (b) A person convicted of a felony shall be ineligible to
10hold an office created by the Constitution of this State until
11the completion of his sentence.
12 (c) A person sentenced to imprisonment shall lose his right
13to vote until released from imprisonment.
14 (d) On completion of sentence of imprisonment or upon
15discharge from probation, conditional discharge or periodic
16imprisonment, or at any time thereafter, all license rights and
17privileges granted under the authority of this State which have
18been revoked or suspended because of conviction of an offense
19shall be restored unless the authority having jurisdiction of
20such license rights finds after investigation and hearing that
21restoration is not in the public interest. This paragraph (d)
22shall not apply to the suspension or revocation of a license to
23operate a motor vehicle under the Illinois Vehicle Code.
24 (e) Upon a person's discharge from incarceration or parole,

SB2128 Enrolled- 60 -LRB101 07766 JRG 52815 b
1or upon a person's discharge from probation or at any time
2thereafter, the committing court may enter an order certifying
3that the sentence has been satisfactorily completed when the
4court believes it would assist in the rehabilitation of the
5person and be consistent with the public welfare. Such order
6may be entered upon the motion of the defendant or the State or
7upon the court's own motion.
8 (f) Upon entry of the order, the court shall issue to the
9person in whose favor the order has been entered a certificate
10stating that his behavior after conviction has warranted the
11issuance of the order.
12 (g) This Section shall not affect the right of a defendant
13to collaterally attack his conviction or to rely on it in bar
14of subsequent proceedings for the same offense.
15 (h) No application for any license specified in subsection
16(i) of this Section granted under the authority of this State
17shall be denied by reason of an eligible offender who has
18obtained a certificate of relief from disabilities, as defined
19in Article 5.5 of this Chapter, having been previously
20convicted of one or more criminal offenses, or by reason of a
21finding of lack of "good moral character" when the finding is
22based upon the fact that the applicant has previously been
23convicted of one or more criminal offenses, unless:
24 (1) there is a direct relationship between one or more
25 of the previous criminal offenses and the specific license
26 sought; or

SB2128 Enrolled- 61 -LRB101 07766 JRG 52815 b
1 (2) the issuance of the license would involve an
2 unreasonable risk to property or to the safety or welfare
3 of specific individuals or the general public.
4 In making such a determination, the licensing agency shall
5consider the following factors:
6 (1) the public policy of this State, as expressed in
7 Article 5.5 of this Chapter, to encourage the licensure and
8 employment of persons previously convicted of one or more
9 criminal offenses;
10 (2) the specific duties and responsibilities
11 necessarily related to the license being sought;
12 (3) the bearing, if any, the criminal offenses or
13 offenses for which the person was previously convicted will
14 have on his or her fitness or ability to perform one or
15 more such duties and responsibilities;
16 (4) the time which has elapsed since the occurrence of
17 the criminal offense or offenses;
18 (5) the age of the person at the time of occurrence of
19 the criminal offense or offenses;
20 (6) the seriousness of the offense or offenses;
21 (7) any information produced by the person or produced
22 on his or her behalf in regard to his or her rehabilitation
23 and good conduct, including a certificate of relief from
24 disabilities issued to the applicant, which certificate
25 shall create a presumption of rehabilitation in regard to
26 the offense or offenses specified in the certificate; and

SB2128 Enrolled- 62 -LRB101 07766 JRG 52815 b
1 (8) the legitimate interest of the licensing agency in
2 protecting property, and the safety and welfare of specific
3 individuals or the general public.
4 (i) A certificate of relief from disabilities shall be
5issued only for a license or certification issued under the
6following Acts:
7 (1) the Animal Welfare Act; except that a certificate
8 of relief from disabilities may not be granted to provide
9 for the issuance or restoration of a license under the
10 Animal Welfare Act for any person convicted of violating
11 Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
12 Care for Animals Act or Section 26-5 or 48-1 of the
13 Criminal Code of 1961 or the Criminal Code of 2012;
14 (2) the Illinois Athletic Trainers Practice Act;
15 (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
16 and Nail Technology Act of 1985;
17 (4) the Boiler and Pressure Vessel Repairer Regulation
18 Act;
19 (5) the Boxing and Full-contact Martial Arts Act;
20 (6) the Illinois Certified Shorthand Reporters and
21 Voice Writer Reporters Act of 1984;
22 (7) the Illinois Farm Labor Contractor Certification
23 Act;
24 (8) the Registered Interior Designers Act;
25 (9) the Illinois Professional Land Surveyor Act of
26 1989;

SB2128 Enrolled- 63 -LRB101 07766 JRG 52815 b
1 (10) the Illinois Landscape Architecture Act of 1989;
2 (11) the Marriage and Family Therapy Licensing Act;
3 (12) the Private Employment Agency Act;
4 (13) the Professional Counselor and Clinical
5 Professional Counselor Licensing and Practice Act;
6 (14) the Real Estate License Act of 2000;
7 (15) the Illinois Roofing Industry Licensing Act;
8 (16) the Professional Engineering Practice Act of
9 1989;
10 (17) the Water Well and Pump Installation Contractor's
11 License Act;
12 (18) the Electrologist Licensing Act;
13 (19) the Auction License Act;
14 (20) the Illinois Architecture Practice Act of 1989;
15 (21) the Dietitian Nutritionist Practice Act;
16 (22) the Environmental Health Practitioner Licensing
17 Act;
18 (23) the Funeral Directors and Embalmers Licensing
19 Code;
20 (24) (blank);
21 (25) the Professional Geologist Licensing Act;
22 (26) the Illinois Public Accounting Act; and
23 (27) the Structural Engineering Practice Act of 1989.
24(Source: P.A. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)
25 Section 75. The Code of Civil Procedure is amended by

SB2128 Enrolled- 64 -LRB101 07766 JRG 52815 b
1changing Section 2-1003 as follows:
2 (735 ILCS 5/2-1003) (from Ch. 110, par. 2-1003)
3 Sec. 2-1003. Discovery and depositions.
4 (a) Discovery, such as admissions of fact and of
5genuineness of documents, physical and mental examinations of
6parties and other persons, the taking of any depositions, and
7interrogatories, shall be in accordance with rules.
8 (b) (Blank).
9 (c) (Blank).
10 (d) Whenever the defendant in any litigation in this State
11has the right to demand a physical or mental examination of the
12plaintiff pursuant to statute or Supreme Court Rule, relative
13to the occurrence and extent of injuries or damages for which
14claim is made, or in connection with the plaintiff's capacity
15to exercise any right plaintiff has, or would have but for a
16finding based upon such examination, the plaintiff has the
17right to have his or her attorney, or such other person as the
18plaintiff may wish, present at such physical or mental
19examination.
20 (e) No person or organization shall be required to furnish
21claims, loss or risk management information held or provided by
22an insurer, which information is described in Section 143.10a
23of the "Illinois Insurance Code".
24 (f) Unless a verbatim record of the testimony or deposition
25is prepared and certified by an individual certified under the

SB2128 Enrolled- 65 -LRB101 07766 JRG 52815 b
1Illinois Certified Shorthand Reporters and Voice Writer
2Reporters Act or a court reporter under the Court Reporters
3Act, no testimony taken in any litigation in this State by
4deposition shall be offered in any court in this State and no
5testimony offered in the record of administrative proceedings
6in an appeal under the Administrative Review Law shall be
7considered part of the administrative record. Testimony taken
8outside of this State shall be deemed to be in conformity with
9this Section if the testimony was prepared and certified by a
10court reporter authorized to prepare and certify deposition
11testimony in the jurisdiction in which the testimony was taken.
12(Source: P.A. 99-110, eff. 1-1-16.)
13 Section 80. The Illinois Pre-Need Cemetery Sales Act is
14amended by changing Sections 9 and 11 as follows:
15 (815 ILCS 390/9) (from Ch. 21, par. 209)
16 Sec. 9. The Comptroller may upon his own motion investigate
17the actions of any person providing, selling, or offering
18pre-need sales contracts or of any applicant or any person or
19persons holding or claiming to hold a license under this Act.
20The Comptroller shall make such an investigation on receipt of
21the verified written complaint of any person setting forth
22facts which, if proved, would constitute grounds for refusal,
23suspension, or revocation of a license. Before refusing to
24issue, and before suspension or revocation of a license, the

SB2128 Enrolled- 66 -LRB101 07766 JRG 52815 b
1Comptroller shall hold a hearing to determine whether the
2applicant or licensee, hereafter called the respondent, is
3entitled to hold such a license. At least 10 days prior to the
4date set for such hearing, the Comptroller shall notify the
5respondent in writing that on the date designated a hearing
6will be held to determine his eligibility for a license and
7that he may appear in person or by counsel. Such written notice
8may be served on the respondent personally, or by registered or
9certified mail sent to the respondent's business address as
10shown in his latest notification to the Comptroller and shall
11include sufficient information to inform the respondent of the
12general nature of the charge. At the hearing, both the
13respondent and the complainant shall be accorded ample
14opportunity to present in person or by counsel such statements,
15testimony, evidence and argument as may be pertinent to the
16charges or to any defense thereto. The Comptroller may
17reasonably continue such hearing from time to time.
18 The Comptroller may subpoena any person or persons in this
19State and take testimony orally, by deposition or by exhibit,
20in the same manner and with the same fees and mileage as
21prescribed in judicial proceedings in civil cases.
22 Any authorized agent of the Comptroller may administer
23oaths to witnesses at any hearing which the Comptroller is
24authorized to conduct.
25 The Comptroller, at his expense, shall provide a certified
26shorthand reporter or certified voice writer reporter to take

SB2128 Enrolled- 67 -LRB101 07766 JRG 52815 b
1down the testimony and preserve a record of all proceedings at
2the hearing of any case involving the refusal to issue a
3license, the suspension or revocation of a license, the
4imposition of a monetary penalty, or the referral of a case for
5criminal prosecution. The record of any such proceeding shall
6consist of the notice of hearing, complaint, all other
7documents in the nature of pleadings and written motions filed
8in the proceedings, the transcript of testimony and the report
9and orders of the Comptroller. Copies of the transcript of such
10record may be purchased from the certified shorthand reporter
11or certified voice writer reporter who prepared the record or
12from the Comptroller.
13(Source: P.A. 92-419, eff. 1-1-02.)
14 (815 ILCS 390/11) (from Ch. 21, par. 211)
15 Sec. 11. Any person affected by a final administrative
16decision of the Comptroller may have such decision reviewed
17judicially by the circuit court of the county where such person
18resides, or in the case of a corporation, where the registered
19office is located. If the plaintiff in the review proceeding is
20not a resident of this State, venue shall be in Sangamon
21County. The provisions of the "Administrative Review Law",
22approved August 19, 1981, all amendments and modifications
23thereto, and any rules adopted under it govern all proceedings
24for the judicial review of final administrative decisions of
25the Comptroller. The term "administrative decision" is defined

SB2128 Enrolled- 68 -LRB101 07766 JRG 52815 b
1as in the "Administrative Review Law".
2 The Comptroller is not required to certify the record of
3the proceeding unless the plaintiff in the review proceedings
4has purchased a copy of the transcript from the certified
5shorthand reporter or certified voice writer reporter who
6prepared the record or from the Comptroller. Exhibits shall be
7certified without cost.
8(Source: P.A. 84-239.)
feedback