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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Certified Shorthand Reports Act of 1984. Changes the short title of the Act to the Illinois Certified Shorthand Reporters and Voice Writer Reporters Act. Allows for certification of voice writer reporters. Changes the name of the Certified Shorthand Reporters Board to the Certified Shorthand Reporters and Voice Writer Reporters Board and increases the Board to 9 members (rather than 7) with the addition of 2 certified voice writer reporters. Makes conforming changes throughout the Act and various other Acts. Amends the Code of Civil Procedure. Provides that unless a verbatim record of the testimony or deposition is prepared and certified by an individual certified under the Illinois Certified Shorthand Reporters and Voice Writer Reporters Act, no testimony taken by deposition shall be offered in any court and no testimony offered in the record of administrative proceedings shall be offered. Provides that testimony taken outside of the State shall be deemed to be in conformity with the provisions if the testimony was prepared and certified by a court reporter authorized to prepare and certify deposition testimony in the jurisdiction in which the testimony was taken.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2019-11-12 - Total Veto Stands [SB2128 Detail]

Download: Illinois-2019-SB2128-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.34 as follows:
(5 ILCS 80/4.34)
Sec. 4.34. Acts and Section repealed on January 1, 2024.
The following Acts and Section of an Act are repealed on
January 1, 2024:
The Electrologist Licensing Act.
The Illinois Certified Shorthand Reporters and Voice
Writer Reporters Act of 1984.
The Illinois Occupational Therapy Practice Act.
The Illinois Public Accounting Act.
The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004.
The Registered Surgical Assistant and Registered
Surgical Technologist Title Protection Act.
Section 2.5 of the Illinois Plumbing License Law.
The Veterinary Medicine and Surgery Practice Act of
2004.
(Source: P.A. 98-140, eff. 12-31-13; 98-253, eff. 8-9-13;
98-254, eff. 8-9-13; 98-264, eff. 12-31-13; 98-339, eff.

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

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

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

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within the System any EMS personnel, EMS Lead Instructor (LI),
individual, individual provider or other participant
considered not to be meeting the requirements of the Program
Plan of that approved EMS System.
(b) Prior to suspending any individual or entity, an EMS
Medical Director shall provide an opportunity for a hearing
before the local System review board in accordance with
subsection (f) and the rules promulgated by the Department.
(1) If the local System review board affirms or
modifies the EMS Medical Director's suspension order, the
individual or entity shall have the opportunity for a
review of the local board's decision by the State EMS
Disciplinary Review Board, pursuant to Section 3.45 of this
Act.
(2) If the local System review board reverses or
modifies the EMS Medical Director's order, the EMS Medical
Director shall have the opportunity for a review of the
local board's decision by the State EMS Disciplinary Review
Board, pursuant to Section 3.45 of this Act.
(3) The suspension shall commence only upon the
occurrence of one of the following:
(A) the individual or entity has waived the
opportunity for a hearing before the local System
review board; or
(B) the order has been affirmed or modified by the
local system review board and the individual or entity

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

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Procedure).
(2) Within 24 hours following the commencement of the
suspension, the suspended individual or entity may deliver
to the Department, by messenger, telefax, or other
Department-approved electronic communication, a written
response to the suspension order and copies of any written
materials which the individual or entity feels are
appropriate. All medical and patient-specific information,
including Department findings with respect to the quality
of care rendered, shall be strictly confidential pursuant
to the Medical Studies Act.
(3) Within 24 hours following receipt of the EMS
Medical Director's suspension order or the individual or
entity's written response, whichever is later, the
Director or the Director's designee shall determine
whether the suspension should be stayed pending an
opportunity for a hearing or review in accordance with this
Act, or whether the suspension should continue during the
course of that hearing or review. The Director or the
Director's designee shall issue this determination to the
EMS Medical Director, who shall immediately notify the
suspended individual or entity. The suspension shall
remain in effect during this period of review by the
Director or the Director's designee.
(d) Upon issuance of a suspension order for reasons
directly related to medical care, the EMS Medical Director

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shall also provide the individual or entity with the
opportunity for a hearing before the local System review board,
in accordance with subsection (f) and the rules promulgated by
the Department.
(1) If the local System review board affirms or
modifies the EMS Medical Director's suspension order, the
individual or entity shall have the opportunity for a
review of the local board's decision by the State EMS
Disciplinary Review Board, pursuant to Section 3.45 of this
Act.
(2) If the local System review board reverses or
modifies the EMS Medical Director's suspension order, the
EMS Medical Director shall have the opportunity for a
review of the local board's decision by the State EMS
Disciplinary Review Board, pursuant to Section 3.45 of this
Act.
(3) The suspended individual or entity may elect to
bypass the local System review board and seek direct review
of the EMS Medical Director's suspension order by the State
EMS Disciplinary Review Board.
(e) The Resource Hospital shall designate a local System
review board in accordance with the rules of the Department,
for the purpose of providing a hearing to any individual or
entity participating within the System who is suspended from
participation by the EMS Medical Director. The EMS Medical
Director shall arrange for a certified shorthand reporter or

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

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before the local System review board in accordance with
subsection (f) and the rules promulgated by the Department.
(1) If the local System review board affirms or
modifies the EMS Medical Director's suspension order, the
individual or entity shall have the opportunity for a
review of the local board's decision by the State EMS
Disciplinary Review Board, pursuant to Section 3.45 of this
Act.
(2) If the local System review board reverses or
modifies the EMS Medical Director's order, the EMS Medical
Director shall have the opportunity for a review of the
local board's decision by the State EMS Disciplinary Review
Board, pursuant to Section 3.45 of this Act.
(3) The suspension shall commence only upon the
occurrence of one of the following:
(A) the individual or entity has waived the
opportunity for a hearing before the local System
review board; or
(B) the order has been affirmed or modified by the
local system review board and the individual or entity
has waived the opportunity for review by the State
Board; or
(C) the order has been affirmed or modified by the
local system review board, and the local board's
decision has been affirmed or modified by the State
Board.

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(c) An EMS Medical Director may immediately suspend an EMR,
EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA,
PHAPRN, or other individual or entity if he or she finds that
the continuation in practice by the individual or entity would
constitute an imminent danger to the public. The suspended
individual or entity shall be issued an immediate verbal
notification followed by a written suspension order by the EMS
Medical Director which states the length, terms and basis for
the suspension.
(1) Within 24 hours following the commencement of the
suspension, the EMS Medical Director shall deliver to the
Department, by messenger, telefax, or other
Department-approved electronic communication, a copy of
the suspension order and copies of any written materials
which relate to the EMS Medical Director's decision to
suspend the individual or entity. All medical and
patient-specific information, including Department
findings with respect to the quality of care rendered,
shall be strictly confidential pursuant to the Medical
Studies Act (Part 21 of Article VIII of the Code of Civil
Procedure).
(2) Within 24 hours following the commencement of the
suspension, the suspended individual or entity may deliver
to the Department, by messenger, telefax, or other
Department-approved electronic communication, a written
response to the suspension order and copies of any written

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materials which the individual or entity feels are
appropriate. All medical and patient-specific information,
including Department findings with respect to the quality
of care rendered, shall be strictly confidential pursuant
to the Medical Studies Act.
(3) Within 24 hours following receipt of the EMS
Medical Director's suspension order or the individual or
entity's written response, whichever is later, the
Director or the Director's designee shall determine
whether the suspension should be stayed pending an
opportunity for a hearing or review in accordance with this
Act, or whether the suspension should continue during the
course of that hearing or review. The Director or the
Director's designee shall issue this determination to the
EMS Medical Director, who shall immediately notify the
suspended individual or entity. The suspension shall
remain in effect during this period of review by the
Director or the Director's designee.
(d) Upon issuance of a suspension order for reasons
directly related to medical care, the EMS Medical Director
shall also provide the individual or entity with the
opportunity for a hearing before the local System review board,
in accordance with subsection (f) and the rules promulgated by
the Department.
(1) If the local System review board affirms or
modifies the EMS Medical Director's suspension order, the

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individual or entity shall have the opportunity for a
review of the local board's decision by the State EMS
Disciplinary Review Board, pursuant to Section 3.45 of this
Act.
(2) If the local System review board reverses or
modifies the EMS Medical Director's suspension order, the
EMS Medical Director shall have the opportunity for a
review of the local board's decision by the State EMS
Disciplinary Review Board, pursuant to Section 3.45 of this
Act.
(3) The suspended individual or entity may elect to
bypass the local System review board and seek direct review
of the EMS Medical Director's suspension order by the State
EMS Disciplinary Review Board.
(e) The Resource Hospital shall designate a local System
review board in accordance with the rules of the Department,
for the purpose of providing a hearing to any individual or
entity participating within the System who is suspended from
participation by the EMS Medical Director. The EMS Medical
Director shall arrange for a certified shorthand reporter or
certified voice writer reporter to make a stenographic record
of that hearing and thereafter prepare a transcript of the
proceedings. The transcript, all documents or materials
received as evidence during the hearing and the local System
review board's written decision shall be retained in the
custody of the EMS system. The System shall implement a

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

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

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(225 ILCS 60/39) (from Ch. 111, par. 4400-39)
(Section scheduled to be repealed on December 31, 2019)
Sec. 39. Certified shorthand reporter or certified voice
writer reporter; record. The Department, at its expense, shall
provide a certified shorthand reporter or certified voice
writer reporter to take down the testimony and preserve a
record of all proceedings at the hearing of any case wherein a
license may be revoked, suspended, placed on probationary
status, or other disciplinary action taken with regard thereto.
The notice of hearing, complaint and all other documents in the
nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the
Licensing Board and the orders of the Department constitute the
record of the proceedings. The Department shall furnish a copy
of the record to any person interested in such hearing upon
payment of the fee required under Section 2105-115 of the
Department of Professional Regulation Law (20 ILCS
2105/2105-115). The Department may contract for court
reporting services, and, in the event it does so, the
Department shall provide the name and contact information for
the certified shorthand reporter or certified voice writer
reporter who transcribed the testimony at a hearing to any
person interested, who may obtain a copy of the record of any
proceedings at a hearing upon payment of the fee specified by
the certified shorthand reporter or certified voice writer

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reporter. This charge is in addition to any fee charged by the
Department for certifying the record.
(Source: P.A. 100-429, eff. 8-25-17.)
Section 35. The Illinois Explosives Act is amended by
changing Section 5004 as follows
(225 ILCS 210/5004) (from Ch. 96 1/2, par. 1-5004)
Sec. 5004. Record of proceedings; transcript. The
Department or aggrieved party may provide at its or his or her
expense a certified shorthand reporter or certified voice
writer reporter to take down the testimony and preserve a
record of all proceedings at the hearing of any case involving
denial or refusal to issue or renew a license or certificate,
or the suspension or revocation or other discipline of a
license or certificate. Copies of the transcript of such record
may be purchased from the certified shorthand reporter or
certified voice writer reporter who prepared the record.
(Source: P.A. 96-1194, eff. 1-1-11.)
Section 40. The Illinois Certified Shorthand Reporters Act
of 1984 is amended by changing Sections 1, 2, 3, 3.5, 4, 5, 6,
8, 9, 10, 11, 13, 14, 15, 16, 23, 23.1, 23.3, 23.4, 23.10,
23.13, 25, 26, and 28 as follows:
(225 ILCS 415/1) (from Ch. 111, par. 6201)

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

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

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

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judicial review under the provisions of the Administrative
Review Law.
(5) "Shorthand reporter" means a person who is technically
qualified and certified under this Act to practice shorthand
reporting.
(6) "Stenographic notes" means the original notes by manual
or mechanical shorthand, voice writing, or shorthand writing
taken by a shorthand reporter or voice writer reporter of a
proceeding while in attendance at such proceeding for the
purpose of reporting the same.
(7) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file as maintained by the
Department's licensure maintenance unit. It is the duty of the
applicant or licensee to inform the Department of any change of
address and those changes must be made either through the
Department's Internet website or by contacting the Department.
(8) "Practice of voice writer reporting" means reporting,
by the use of a system of repeating words of the speaker into a
device that is capable of digital translation into text, of
grand jury proceedings, court proceedings, court-related
proceedings, pretrial examinations, depositions, motions, and
related proceedings of like character, or proceedings of an
administrative agency when the final decision of the agency
with reference thereto is likely to be subject to judicial
review under the provisions of the Administrative Review Law.

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(9) "Voice writer reporter" means a person who is
technically qualified and certified under this Act to practice
voice writer reporting.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/5) (from Ch. 111, par. 6205)
(Section scheduled to be repealed on January 1, 2024)
Sec. 5. Title. Every person to whom a valid existing
certificate as a certified shorthand reporter or certified
voice writer reporter has been issued under this Act shall be
designated as a Certified Shorthand Reporter or Certified Voice
Writer Reporter, and not otherwise. Any , and any such
certified shorthand reporter may, in connection with his or her
practice of shorthand reporting, use the abbreviation "C.S.R."
or the title "Court Reporter". Any such certified voice writer
reporter may, in connection with his or her practice of voice
writer reporting, use the abbreviation "C.C.R." or the title
"Certified Voice Writer Reporter" or "Court Reporter". No
person other than the holder of a valid existing certificate
under this Act shall use the title or designation of "Certified
Shorthand Reporter", "Court Reporter", "C.C.R.", or "C.S.R.",
or "Certified Voice Writer Reporter", either directly or
indirectly in connection with his or her profession or
business. A person may hold valid certificates both as a
certified shorthand reporter and as a certified voice writer
under this Act and may use the titles authorized by this

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Section.
(Source: P.A. 90-49, eff. 7-3-97.)
(225 ILCS 415/6) (from Ch. 111, par. 6206)
(Section scheduled to be repealed on January 1, 2024)
Sec. 6. Restricted certificate. Upon receipt of a written
request from the Chief Judge of the reporter's circuit, the
Department shall, upon payment of the required fee, issue to
any reporter who has been appointed in counties of less than
1,000,000 in population, has been examined under the Court
Reporters Act, and has achieved an "A" proficiency rating, a
restricted certificate by which such official court reporter
may then lawfully engage in reporting only court proceedings to
which he or she may be assigned by the Chief Judge of his or her
circuit.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/8) (from Ch. 111, par. 6208)
(Section scheduled to be repealed on January 1, 2024)
Sec. 8. Certified Shorthand Reporters and Voice Writer
Reporters Board. The Secretary shall appoint a Certified
Shorthand Reporters and Voice Writer Reporters Board as
follows: 9 7 persons who shall be appointed by and shall serve
in an advisory capacity to the Secretary. Six members must be
certified shorthand reporters, in good standing, and actively
engaged in the practice of shorthand reporting in this State

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for ten years, 2 members must be certified voice writer
reporters actively engaged in the practice of voice writer
reporting in this State, who have engaged in the practice of
voice writer reporting for at least 10 years in this State, or
who have applied for certification in this State and are
engaged in the practice of voice writer reporting in another
jurisdiction for at least 10 years and are in good standing in
the other jurisdiction, and one member must be a member of the
public who is not certified under this Act, or a similar Act of
another jurisdiction.
Members shall serve 4 year terms and until their successors
are appointed and qualified. No member shall be reappointed to
the Board for a term that would cause his or her continuous
service on the Board to be longer than 2 full consecutive
terms. Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of
the vacated term.
In making appointments to the Board, the Secretary shall
give consideration to recommendations by national and State
organizations of the shorthand reporter and voice writer
reporter professions profession.
Four members of the Board shall constitute a quorum. A
quorum is required for all Board decisions.
The Secretary may remove or suspend any member of the Board
for cause at any time before the expiration of his or her term.
The Secretary shall be the sole arbiter of cause.

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The Secretary shall consider the recommendations of the
Board on questions involving standards of professional
conduct, discipline and qualifications of candidates and
certificate holders under this Act.
Members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses incurred in
attending the meetings of the Board.
Members of the Board have no liability in any action based
upon any disciplinary proceedings or other activity performed
in good faith as members of the Board.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/9) (from Ch. 111, par. 6209)
(Section scheduled to be repealed on January 1, 2024)
Sec. 9. Qualifications. Applications for original
certificates shall be made to the Department in writing on
forms prescribed by the Department and shall be accompanied by
the required fee, which shall not be returnable. Any such
application shall require such information as in the judgment
of the Department will enable the Department to pass on the
qualifications of the applicant for certification.
In determining competency, the Department shall require
proof that the applicant has a good understanding of the
English language, including reading, spelling and vocabulary,
and that the applicant has sufficient ability to accurately
report any of the matters comprising the practice of shorthand

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reporting or the practice of voice writer reporting, as herein
defined, by the use of any system of manual or mechanical
shorthand or shorthand writing or by the use of voice writing,
and a clear understanding of obligations between a shorthand
reporter and a voice writer reporter and the parties to any
proceedings reported, as well as the provisions of this Act.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/10) (from Ch. 111, par. 6210)
(Section scheduled to be repealed on January 1, 2024)
Sec. 10. The Department shall authorize examinations at
such time and place as it may designate. The examination shall
be of a character to give a fair test of the qualifications of
the applicant to practice shorthand reporting or to practice
voice writer reporting.
Applicants for examination as certified shorthand
reporters and for examination as certified voice writer
reporters shall be required to pay, either to the Department or
the designated testing service, a fee covering the cost of
providing the examination. Failure to appear for the
examination on the scheduled date, at the time and place
specified, after the applicant's application for examination
has been received and acknowledged by the Department or the
designated testing service, shall result in the forfeiture of
the examination fee.
If an applicant neglects, fails or refuses to take the next

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available examination offered or fails to pass an examination
for certification under this Act, the application shall be
denied. If an applicant for examination for certification under
this Act fails to pass the examination within 3 years after
filing his application, the application shall be denied.
However, such applicant may thereafter make a new application
accompanied by the required fee.
The Department may employ consultants for the purpose of
preparing and conducting examinations.
An applicant has one year from the date of notification of
successful completion of the examination to apply to the
Department for a license. If an applicant fails to apply within
one year, the applicant shall be required to take and pass the
examination again unless licensed in another jurisdiction of
the United States within one year of passing the examination.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/11) (from Ch. 111, par. 6211)
(Section scheduled to be repealed on January 1, 2024)
Sec. 11. Qualifications; application. A person shall be
qualified for certification as a certified shorthand reporter
or for certification as a certified voice writer reporter if:
A. That person has applied in writing in form and substance
to the Department; and
(1) (Blank);
(2) Is of good moral character, the determination of

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which shall take into account but not be totally based upon
any felony conviction of the applicant; and
(3) Has graduated from a high school or secondary
school or its equivalent; and
B. That person has successfully completed the examination
authorized by the Department.
Additional qualifications for the practice of shorthand
reporting or for the practice of voice writer reporting may be
set by the Department by rule.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/13) (from Ch. 111, par. 6213)
(Section scheduled to be repealed on January 1, 2024)
Sec. 13. No action or suit shall be instituted, nor
recovery therein be had, in any court of this State by any
person for compensation for any act done or service rendered,
the doing or rendering of which is prohibited under the
provisions of this Act to other than certified shorthand
reporters or certified voice writer reporters.
(Source: P.A. 83-73.)
(225 ILCS 415/14) (from Ch. 111, par. 6214)
(Section scheduled to be repealed on January 1, 2024)
Sec. 14. Expiration, renewal, and military service. The
expiration date and renewal period for each certificate issued
under this Act shall be set by rule.

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Any certified shorthand reporter or certified voice writer
reporter who has permitted his or her certificate to expire or
who has had his or her certificate on inactive status may have
his or her certificate restored by making application to the
Department, filing proof acceptable to the Department of his or
her fitness to have his or her certificate restored and paying
the required restoration fee. The Department may consider a
certificate expired less than 5 years as prima facie evidence
that the applicant is fit. If a certificate has expired or has
been placed on inactive status and the applicant has practiced
in another jurisdiction during such period, satisfactory proof
of fitness may include sworn evidence certifying to active
practice in another jurisdiction.
If the certified shorthand reporter or certified voice
writer reporter has not maintained an active practice in
another jurisdiction satisfactory to the Department, the
Department shall determine, by an evaluation program
established by rule, his or her fitness to resume active status
and shall, by rule, establish procedures and requirements for
restoration.
However, any certified shorthand reporter or certified
voice writer reporter whose certificate expired while he or she
was (1) in Federal Service on active duty with the Armed Forces
of the United States, or the State Militia called into service
or training, or (2) in training or education under the
supervision of the United States preliminary to induction into

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the military service, may have his or her certificate renewed
or restored without paying any lapsed renewal fees if within 2
years after termination of such service, training or education
except under conditions other than honorable, he or she
furnished the Department with satisfactory evidence to the
effect that he or she has been so engaged and that his or her
service, training or education has been so terminated.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/15) (from Ch. 111, par. 6215)
(Section scheduled to be repealed on January 1, 2024)
Sec. 15. Inactive status. Any certified shorthand reporter
or certified voice writer reporter who notifies the Department
in writing on forms prescribed by the Department, may elect to
place his or her certificate on an inactive status and shall,
subject to rules of the Department, be excused from payment of
renewal fees until he or she notifies the Department in writing
of his or her desire to resume active status.
Any certified shorthand reporter or certified voice writer
reporter requesting restoration from inactive status shall be
required to pay the current renewal fee and shall be required
to restore his or her certificate, as provided in Section 14.
Any certified shorthand reporter or certified voice writer
reporter whose certificate is in an inactive status shall not
practice shorthand reporting or voice writer reporting in the
State of Illinois.

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(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/16) (from Ch. 111, par. 6216)
(Section scheduled to be repealed on January 1, 2024)
Sec. 16. Endorsement; licensure without examination. The
Department may certify as a certified shorthand reporter or as
a certified voice writer reporter, without examination, on
payment of the required fee, an applicant who is a certified
shorthand reporter or certified voice writer reporter
registered under the laws of another jurisdiction, if the
requirements for certification of certified shorthand
reporters or certified voice writer reporters in that
jurisdiction were, at the date of his or her certification,
substantially equivalent to the requirements in force in this
State on that date.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
forfeited and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/23) (from Ch. 111, par. 6223)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may

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revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation and the assessment of costs as
provided for in Section 23.3 of this Act, with regard to any
license for any one or combination of the following:
(1) Material misstatement in furnishing information to
the Department;
(2) Violations of this Act, or of the rules promulgated
thereunder;
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation under
the laws of any jurisdiction of the United States: (i) that
is a felony or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession;
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(5) Professional incompetence;
(6) Aiding or assisting another person, firm,
partnership or corporation in violating any provision of
this Act or rules;

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(7) Failing, within 60 days, to provide information in
response to a written request made by the Department;
(8) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(9) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other
substances that results in the inability to practice with
reasonable judgment, skill, or safety;
(10) Discipline by another state, unit of government,
government agency, the District of Columbia, a territory,
or foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein;
(11) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services were not rendered, or giving,
directly or indirectly, any gift or anything of value to
attorneys or their staff or any other persons or entities
associated with any litigation, that exceeds $100 total per
year; for the purposes of this Section, pro bono services,
as defined by State law, are permissible in any amount;
(12) A finding by the Board that the certificate
holder, after having his or her certificate placed on
probationary status, has violated the terms of probation;
(13) Willfully making or filing false records or

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reports in the practice of shorthand reporting or in the
practice of voice writer reporting, including but not
limited to false records filed with State agencies or
departments;
(14) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice under this
Act with reasonable judgment, skill or safety;
(15) Solicitation of professional services other than
by permitted advertising;
(16) Willful failure to take full and accurate
stenographic notes of any proceeding;
(17) Willful alteration of any stenographic notes
taken at any proceeding;
(18) Willful failure to accurately transcribe verbatim
any stenographic notes taken at any proceeding;
(19) Willful alteration of a transcript of
stenographic notes taken at any proceeding;
(20) Affixing one's signature to any transcript of his
stenographic notes or certifying to its correctness unless
the transcript has been prepared by him or under his
immediate supervision;
(21) Willful failure to systematically retain
stenographic notes or transcripts on paper or any
electronic media for 10 years from the date that the notes
or transcripts were taken;

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(22) Failure to deliver transcripts in a timely manner
or in accordance with contractual agreements;
(23) Establishing contingent fees as a basis of
compensation;
(24) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety;
(25) Practicing under a false or assumed name, except
as provided by law;
(26) Cheating on or attempting to subvert the licensing
examination administered under this Act;
(27) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(b) The determination by a circuit court that a certificate
holder is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission, an order by the court so finding and
discharging the patient. In any case where a license is
suspended under this Section, the licensee may file a petition

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for restoration and shall include evidence acceptable to the
Department that the licensee can resume practice in compliance
with acceptable and prevailing standards of the profession.
(c) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Civil Administrative
Code of Illinois.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is certified under this Act or any individual who has applied
for certification under this Act to submit to a mental or
physical examination and evaluation, or both, which may include
a substance abuse or sexual offender evaluation, at the expense
of the Department. The Department shall specifically designate
the examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led by
a physician licensed to practice medicine in all of its

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branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to submit
to an examination and evaluation pursuant to this Section to
submit to any additional supplemental testing deemed necessary
to complete any examination or evaluation process, including,
but not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the certified shorthand reporter, certified
voice writer reporter, or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication

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between the licensee or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the certified shorthand reporter or applicant
ordered to undergo an evaluation and examination for the
examining physician or any member of the multidisciplinary team
to provide information, reports, records, or other documents or
to provide any testimony regarding the examination and
evaluation. The individual to be examined may have, at his or
her own expense, another physician of his or her choice present
during all aspects of the examination.
Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall
result in an automatic suspension, without hearing, until such
time as the individual submits to the examination. If the
Department finds a certified shorthand reporter or certified
voice writer reporter unable to practice because of the reasons
set forth in this Section, the Department shall require the
certified shorthand reporter or certified voice writer
reporter to submit to care, counseling, or treatment by
physicians approved or designated by the Department, as a
condition for continued, reinstated, or renewed certification.
When the Secretary immediately suspends a certificate
under this Section, a hearing upon the person's certificate
must be convened by the Department within 15 days after the
suspension and completed without appreciable delay. The
Department shall have the authority to review the certified

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shorthand reporter's or certified voice writer reporter's
record of treatment and counseling regarding the impairment, to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
Individuals certified under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Department that they can resume practice in compliance with
acceptable and prevailing standards under the provisions of
their certification.
(e) (Blank).
(f) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(Source: P.A. 100-872, eff. 8-14-18.)
(225 ILCS 415/23.1) (from Ch. 111, par. 6224)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.1. Injunctive actions; order to cease and desist.

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(a) If any person violates the provisions of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General of the State of Illinois
or the State's Attorney of the county in which the violation is
alleged to have occurred, petition for an order enjoining such
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition in such court, the court
may issue a temporary restraining order, without notice or
bond, and may preliminarily and permanently enjoin such
violation. If it is established that such person has violated
or is violating the injunction, the court may punish the
offender for contempt of court. Proceedings under this Section
shall be in addition to, and not in lieu of, all other remedies
and penalties provided by this Act.
(b) If any person practices as a certified shorthand
reporter or certified voice writer reporter or holds himself or
herself out as a certified shorthand reporter or certified
voice writer reporter without being licensed under the
provisions of this Act then any certified shorthand reporter,
any certified voice writer reporter, any interested party or
any person injured thereby may, in addition to the Secretary,
petition for relief as provided in subsection (a).
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that individual. The rule shall clearly set

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forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to answer
to the satisfaction of the Department shall cause an order to
cease and desist to be issued forthwith.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/23.3) (from Ch. 111, par. 6226)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.3. Records of proceedings. The Department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case. The notice of hearing, complaint
and all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of testimony,
the report of the Board and orders of the Department, shall be
the record of such proceeding. Any certified shorthand reporter
or certified voice writer reporter who is found to have
violated this Act or who fails to appear for a hearing to
refuse to issue, restore, or renew a license or to discipline a
licensee may be required by the Department to pay for the costs
of the proceeding. These costs are limited to costs for court
reporters, transcripts, and witness attendance and mileage
fees. All costs imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.
(Source: P.A. 98-445, eff. 12-31-13.)

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(225 ILCS 415/23.4) (from Ch. 111, par. 6227)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.4. Subpoenas; oaths. The Department may subpoena
and bring before it any person and to take the oral or written
testimony or compel the production of any books, papers,
records, or any other documents that the Secretary or his or
her designee deems relevant or material to an investigation or
hearing conducted by the Department with the same fees and
mileage and in the same manner as prescribed by law in judicial
procedure in civil cases in courts of this State.
The Secretary, the designated hearing officer, any member
of the Board, or a certified shorthand court reporter or a
certified voice writer reporter may have power to administer
oaths at any hearing which the Department conducts.
Notwithstanding any other statute or Department rule to the
contrary, all requests for testimony and production of
documents or records shall be in accordance with this Act.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/23.13) (from Ch. 111, par. 6236)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.13. Summary suspension. The Secretary may
summarily suspend the certificate of a certified shorthand
reporter or a certified voice writer reporter without a
hearing, simultaneously with the institution of proceedings

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for a hearing provided for in Section 23.2 of this Act, if the
Secretary finds that the evidence indicates that a certified
shorthand reporter's or a certified voice writer reporter's
continuation in practice would constitute an imminent danger to
the public. In the event that the Secretary summarily suspends
the certificate of a certified shorthand reporter or a
certified voice writer reporter without a hearing, a hearing
shall be commenced within 30 days after such suspension has
occurred and shall be concluded as expeditiously as possible.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/25) (from Ch. 111, par. 6241)
(Section scheduled to be repealed on January 1, 2024)
Sec. 25. Home rule. The regulation and licensing of a
shorthand reporter or a voice writer reporter are exclusive
powers and functions of the State. A home rule unit may not
regulate or license a shorthand reporter or the practice of
shorthand reporting or regulate or license a voice writer
reporter or the practice of voice writer reporting. This
Section is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of
the Illinois Constitution.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/26) (from Ch. 111, par. 6242)
(Section scheduled to be repealed on January 1, 2024)

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Sec. 26. Every shorthand reporter and voice writer reporter
shall print his or her name and license or restricted license
number on each transcript reported.
(Source: P.A. 87-481; 87-576.)
(225 ILCS 415/28)
(Section scheduled to be repealed on January 1, 2024)
Sec. 28. Payment for services. A person certified under
this Act may hold an attorney, firm, or any other entity
personally responsible for payment of shorthand reporting
services or voice writer reporting services rendered at the
request of that attorney, firm, or entity.
(Source: P.A. 90-295, eff. 8-1-97.)
Section 45. The Illinois Public Accounting Act is amended
by changing Section 20.2 as follows:
(225 ILCS 450/20.2) (from Ch. 111, par. 5523)
(Section scheduled to be repealed on January 1, 2024)
Sec. 20.2. Subpoenas; depositions; oaths.
(a) The Department may subpoena and bring before it any
person to take the oral or written testimony or compel the
production of any books, papers, records, or any other
documents that the Secretary or his or her designee deems
relevant or material to any investigation or hearing conducted
by the Department with the same fees and mileage as prescribed

SB2128 Engrossed - 45 - LRB101 07766 JRG 52815 b
in civil cases in circuit courts of this State and in the same
manner as prescribed by this Act and its rules.
(b) The Secretary, any member of the Committee designated
by the Secretary, a certified shorthand reporter or certified
voice writer reporter, or any hearing officer appointed may
administer oaths at any hearing which the Department conducts.
Notwithstanding any statute or Department rule to the contrary,
all requests for testimony, production of documents, or records
shall be in accordance with this Act.
(Source: P.A. 98-254, eff. 8-9-13.)
Section 50. The Real Estate Appraiser Licensing Act of 2002
is amended by changing Section 15-15 as follows:
(225 ILCS 458/15-15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-15. Investigation; notice; hearing.
(a) Upon the motion of the Department or the Board or upon
a complaint in writing of a person setting forth facts that, if
proven, would constitute grounds for suspension, revocation,
or other disciplinary action against a licensee or applicant
for licensure, the Department shall investigate the actions of
the licensee or applicant. If, upon investigation, the
Department believes that there may be cause for suspension,
revocation, or other disciplinary action, the Department shall
use the services of a State certified general real estate

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appraiser, a State certified residential real estate
appraiser, or the Real Estate Coordinator to assist in
determining whether grounds for disciplinary action exist
prior to commencing formal disciplinary proceedings.
(b) Formal disciplinary proceedings shall commence upon
the issuance of a written complaint describing the charges that
are the basis of the disciplinary action and delivery of the
detailed complaint to the address of record of the licensee or
applicant. The Department shall notify the licensee or
applicant to file a verified written answer within 20 days
after the service of the notice and complaint. The notification
shall inform the licensee or applicant of his or her right to
be heard in person or by legal counsel; that the hearing will
be afforded not sooner than 30 days after service of the
complaint; that failure to file an answer will result in a
default being entered against the licensee or applicant; that
the license may be suspended, revoked, or placed on
probationary status; and that other disciplinary action may be
taken pursuant to this Act, including limiting the scope,
nature, or extent of the licensee's practice. If the licensee
or applicant fails to file an answer after service of notice,
his or her license may, at the discretion of the Department, be
suspended, revoked, or placed on probationary status and the
Department may take whatever disciplinary action it deems
proper, including limiting the scope, nature, or extent of the
person's practice, without a hearing.

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(c) At the time and place fixed in the notice, the Board
shall conduct hearing of the charges, providing both the
accused person and the complainant ample opportunity to present
in person or by counsel such statements, testimony, evidence,
and argument as may be pertinent to the charges or to a defense
thereto.
(d) The Board shall present to the Secretary a written
report of its findings and recommendations. A copy of the
report shall be served upon the licensee or applicant, either
personally or by certified mail. Within 20 days after the
service, the licensee or applicant may present the Secretary
with a motion in writing for either a rehearing, a proposed
finding of fact, a conclusion of law, or an alternative
sanction, and shall specify the particular grounds for the
request. If the accused orders a transcript of the record as
provided in this Act, the time elapsing thereafter and before
the transcript is ready for delivery to the accused shall not
be counted as part of the 20 days. If the Secretary is not
satisfied that substantial justice has been done, the Secretary
may order a rehearing by the Board or other special committee
appointed by the Secretary, may remand the matter to the Board
for its reconsideration of the matter based on the pleadings
and evidence presented to the Board, or may enter a final order
in contravention of the Board's recommendation.
Notwithstanding a licensee's or applicant's failure to file a
motion for rehearing, the Secretary shall have the right to

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take any of the actions specified in this subsection (d). Upon
the suspension or revocation of a license, the licensee shall
be required to surrender his or her license to the Department,
and upon failure or refusal to do so, the Department shall have
the right to seize the license.
(e) The Department has the power to issue subpoenas and
subpoenas duces tecum to bring before it any person in this
State, to take testimony, or to require production of any
records relevant to an inquiry or hearing by the Board in the
same manner as prescribed by law in judicial proceedings in the
courts of this State. In a case of refusal of a witness to
attend, testify, or to produce books or papers concerning a
matter upon which he or she might be lawfully examined, the
circuit court of the county where the hearing is held, upon
application of the Department or any party to the proceeding,
may compel obedience by proceedings as for contempt.
(f) Any license that is suspended indefinitely or revoked
may not be restored for a minimum period of 2 years, or as
otherwise ordered by the Secretary.
(g) In addition to the provisions of this Section
concerning the conduct of hearings and the recommendations for
discipline, the Department has the authority to negotiate
disciplinary and non-disciplinary settlement agreements
concerning any license issued under this Act. All such
agreements shall be recorded as Consent Orders or Consent to
Administrative Supervision Orders.

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(h) The Secretary shall have the authority to appoint an
attorney duly licensed to practice law in the State of Illinois
to serve as the hearing officer in any action to suspend,
revoke, or otherwise discipline any license issued by the
Department. The Hearing Officer shall have full authority to
conduct the hearing.
(i) The Department, at its expense, shall preserve a record
of all formal hearings of any contested case involving the
discipline of a license. At all hearings or pre-hearing
conferences, the Department and the licensee shall be entitled
to have the proceedings transcribed by a certified shorthand
reporter or certified voice writer reporter. A copy of the
transcribed proceedings shall be made available to the licensee
by the certified shorthand reporter or certified voice writer
reporter upon payment of the prevailing contract copy rate.
(Source: P.A. 100-831, eff. 1-1-19.)
Section 55. The Animal Welfare Act is amended by changing
Section 15 as follows:
(225 ILCS 605/15) (from Ch. 8, par. 315)
Sec. 15. Any person affected by a final administrative
decision of the Department may have such decision reviewed
judicially by the circuit court of the county wherein such
person resides, or in the case of a corporation, wherein the
registered office is located. If the plaintiff in the review

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proceeding is not a resident of this state, the venue shall be
in Sangamon County. The provisions of the Administrative Review
Law, and all amendments and modifications thereof, and the
rules adopted pursuant thereto, shall apply to and govern all
proceedings for the judicial review of final administrative
decisions of the Department hereunder. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
The Department shall not be required to certify the record
of the proceeding unless the plaintiff in the review
proceedings has purchased a copy from the certified shorthand
reporter or certified voice writer reporter who prepared the
record. Exhibits shall be certified without cost.
(Source: P.A. 82-783.)
Section 60. The Liquor Control Act of 1934 is amended by
changing Section 7-9 as follows:
(235 ILCS 5/7-9) (from Ch. 43, par. 153)
Sec. 7-9. Except as provided in this Section, any order or
action of a local liquor control commissioner levying a fine or
refusing to levy a fine on a licensee, granting or refusing to
grant a license, revoking or suspending or refusing to revoke
or suspend a license or refusing for more than 30 days to grant
a hearing upon a complaint to revoke or suspend a license may,
within 20 days after notice of such order or action, be

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appealed by any resident of the political subdivision under the
jurisdiction of the local liquor control commissioner or any
person interested, to the State Commission.
In any case where a licensee appeals to the State
Commission from an order or action of the local liquor control
commission having the effect of suspending or revoking a
license, denying a renewal application, or refusing to grant a
license, the licensee shall resume the operation of the
licensed business pending the decision of the State Commission
and the expiration of the time allowed for an application for
rehearing. If an application for rehearing is filed, the
licensee shall continue the operation of the licensed business
until the denial of the application or, if the rehearing is
granted, until the decision on rehearing.
In any case in which a licensee appeals to the State
Commission a suspension or revocation by a local liquor control
commissioner that is the second or subsequent such suspension
or revocation placed on that licensee within the preceding 12
month period, the licensee shall consider the suspension or
revocation to be in effect until a reversal of the local liquor
control commissioner's action has been issued by the State
Commission and shall cease all activity otherwise authorized by
the license. The State Commission shall expedite, to the
greatest extent possible, its consideration of any appeal that
is an appeal of a second or subsequent suspension or revocation
within the past 12 month period.

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The appeal shall be limited to a review of the official
record of the proceedings of such local liquor control
commissioner if the county board, city council or board of
trustees, as the case may be, has adopted a resolution
requiring that such review be on the record. If such resolution
is adopted, a certified official record of the proceedings
taken and prepared by a certified court reporter, or certified
shorthand reporter, or certified voice writer reporter shall be
filed by the local liquor control commissioner within 5 days
after notice of the filing of such appeal, if the appellant
licensee pays for the cost of the transcript. The State
Commission shall review the propriety of the order or action of
the local liquor control commissioner and shall consider the
following questions:
(a) whether the local liquor control commissioner has
proceeded in the manner provided by law;
(b) whether the order is supported by the findings;
(c) whether the findings are supported by substantial
evidence in the light of the whole record.
The only evidence which may be considered in the review,
shall be the evidence found in the certified official record of
the proceedings of the local liquor control commissioner. No
new or additional evidence shall be admitted or considered. The
State Commission shall render a decision affirming, reversing
or modifying the order or action reviewed within 30 days after
the appeal was heard.

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In the event such appeal is from an order of a local liquor
control commissioner of a city, village or incorporated town of
500,000 or more inhabitants, granting or refusing to grant a
license or refusing for more than 30 days to grant a hearing
upon a complaint to revoke or suspend a license, the matter of
the propriety of such order or action shall be tried de novo by
the license appeal commission as expeditiously as
circumstances permit.
In the event such appeal is from an order or action of a
local liquor control commissioner of a city, village or
incorporated town of 500,000 or more inhabitants, imposing a
fine or refusing to impose a fine on a licensee, revoking or
suspending or refusing to revoke or suspend a license, the
license appeal commission shall determine the appeal by a
review of the official record of the proceedings of such local
liquor control commissioner. A certified record of the
proceedings shall be promptly filed with the license appeal
commission by such local liquor control commissioner after
notice of the filing of such appeal if the appellant licensee
pays for the cost of the transcript and promptly delivers the
transcript to the local liquor control commission or its
attorney. The review by the license appeal commission shall be
limited to the questions:
(a) whether the local liquor control commissioner has
proceeded in the manner provided by law;
(b) whether the order is supported by the findings;

SB2128 Engrossed - 54 - LRB101 07766 JRG 52815 b
(c) whether the findings are supported by substantial
evidence in the light of the whole record.
No new or additional evidence in support of or in opposition to
such order or action under appeal shall be received other than
that contained in such record of the proceedings. Within 30
days after such appeal was heard, the license appeal commission
shall render its decision in accordance with the provisions of
Section 7-5.
In cities, villages and incorporated towns having a
population of 500,000 or more inhabitants, appeals from any
order or action shall lie to the license appeal commission of
such city, village or incorporated town. All of the provisions
of this Section and Section 7-10 relative to proceedings upon
appeals before the State Commission and relative to appeals
from the decisions of the State Commission shall apply also to
proceedings upon appeals before any license appeal commission
and appeals from the decisions of license appeal commission.
In any trial de novo hearing before the State Commission or
license appeal commission, the local liquor control
commissioner shall be entitled to 10 days notice and to be
heard. All such trial de novo hearings shall be open to the
public and the Illinois Liquor Control Commission and the
license appeal commission shall reduce all evidence offered
thereto to writing.
If after trial de novo hearing or review as provided
herein, the State Commission or the license appeal commission

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(as the case may be) shall decide that the license has been
improperly issued, denied, revoked, suspended or refused to be
revoked or suspended or a hearing to revoke or suspend has been
improperly refused or that the licensee has been improperly
fined or not fined, it shall enter an order in conformity with
such findings, which order shall be in writing.
A certified copy of the order shall be transmitted to the
particular local liquor control commissioner and it shall be
the duty of the local liquor control commissioner to take such
action as may be necessary to conform with the order.
In any trial de novo hearing before the State Commission or
the license appeal commission, the licensee shall submit to
examination and produce books and records material to the
business conducted under the license in like manner as before
the local liquor control commissioner, and the failure of the
licensee to submit to such an examination or to produce such
books and records, or to appear at the hearing on such appeal,
shall constitute an admission that he has violated the
provisions of this Act. In the event the appeal is from an
order of the local liquor control commissioner denying a
renewal application, the licensee shall have on deposit with
the local liquor control commissioner an amount sufficient to
cover the license fee for the renewal period and any bond that
may be required.
(Source: P.A. 88-613, eff. 1-1-95.)

SB2128 Engrossed - 56 - LRB101 07766 JRG 52815 b
Section 65. The Salvage Warehouse and Salvage Warehouse
Store Act is amended by changing Section 10 as follows:
(240 ILCS 30/10) (from Ch. 114, par. 410)
Sec. 10. The Department, at its expense, shall provide a
stenographer to take down the testimony and preserve a record
of all proceedings at the hearing of any case involving the
refusal to issue or renew, or the suspension or revocation of a
license. The notice of hearing, complaint and all other
documents in the nature of pleadings and written motions filed
in the proceedings, the transcript of testimony, and orders of
the Department shall be the record of such proceedings. Any
interested person may purchase a copy of the transcript of the
record from the certified shorthand reporter or certified voice
writer reporter who prepared the record.
In any case involving the refusal to issue or renew or the
suspension or revocation of a license, a copy of the
Department's report shall be served upon the respondent by the
Department, either personally or by registered or certified
mail as provided in this Act for the service of the notice of
hearing. Within 20 days after such service, the respondent may
present to the Department a motion in writing for a rehearing,
which written motion shall specify the particular grounds
therefor. If no motion for rehearing is filed, then upon the
expiration of the time specified for filing such a motion, or
if a motion for rehearing is denied, then upon such denial, the

SB2128 Engrossed - 57 - LRB101 07766 JRG 52815 b
Director may enter an order. If the respondent shall order and
pay for a transcript of the record within the time for filing a
motion for rehearing, the 20 day period within which such a
motion may be filed shall commence upon the delivery of the
transcript to the respondent.
(Source: P.A. 81-750.)
Section 70. The Unified Code of Corrections is amended by
changing Section 5-5-5 as follows:
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
Sec. 5-5-5. Loss and restoration of rights.
(a) Conviction and disposition shall not entail the loss by
the defendant of any civil rights, except under this Section
and Sections 29-6 and 29-10 of The Election Code, as now or
hereafter amended.
(b) A person convicted of a felony shall be ineligible to
hold an office created by the Constitution of this State until
the completion of his sentence.
(c) A person sentenced to imprisonment shall lose his right
to vote until released from imprisonment.
(d) On completion of sentence of imprisonment or upon
discharge from probation, conditional discharge or periodic
imprisonment, or at any time thereafter, all license rights and
privileges granted under the authority of this State which have
been revoked or suspended because of conviction of an offense

SB2128 Engrossed - 58 - LRB101 07766 JRG 52815 b
shall be restored unless the authority having jurisdiction of
such license rights finds after investigation and hearing that
restoration is not in the public interest. This paragraph (d)
shall not apply to the suspension or revocation of a license to
operate a motor vehicle under the Illinois Vehicle Code.
(e) Upon a person's discharge from incarceration or parole,
or upon a person's discharge from probation or at any time
thereafter, the committing court may enter an order certifying
that the sentence has been satisfactorily completed when the
court believes it would assist in the rehabilitation of the
person and be consistent with the public welfare. Such order
may be entered upon the motion of the defendant or the State or
upon the court's own motion.
(f) Upon entry of the order, the court shall issue to the
person in whose favor the order has been entered a certificate
stating that his behavior after conviction has warranted the
issuance of the order.
(g) This Section shall not affect the right of a defendant
to collaterally attack his conviction or to rely on it in bar
of subsequent proceedings for the same offense.
(h) No application for any license specified in subsection
(i) of this Section granted under the authority of this State
shall be denied by reason of an eligible offender who has
obtained a certificate of relief from disabilities, as defined
in Article 5.5 of this Chapter, having been previously
convicted of one or more criminal offenses, or by reason of a

SB2128 Engrossed - 59 - LRB101 07766 JRG 52815 b
finding of lack of "good moral character" when the finding is
based upon the fact that the applicant has previously been
convicted of one or more criminal offenses, unless:
(1) there is a direct relationship between one or more
of the previous criminal offenses and the specific license
sought; or
(2) the issuance of the license would involve an
unreasonable risk to property or to the safety or welfare
of specific individuals or the general public.
In making such a determination, the licensing agency shall
consider the following factors:
(1) the public policy of this State, as expressed in
Article 5.5 of this Chapter, to encourage the licensure and
employment of persons previously convicted of one or more
criminal offenses;
(2) the specific duties and responsibilities
necessarily related to the license being sought;
(3) the bearing, if any, the criminal offenses or
offenses for which the person was previously convicted will
have on his or her fitness or ability to perform one or
more such duties and responsibilities;
(4) the time which has elapsed since the occurrence of
the criminal offense or offenses;
(5) the age of the person at the time of occurrence of
the criminal offense or offenses;
(6) the seriousness of the offense or offenses;

SB2128 Engrossed - 60 - LRB101 07766 JRG 52815 b
(7) any information produced by the person or produced
on his or her behalf in regard to his or her rehabilitation
and good conduct, including a certificate of relief from
disabilities issued to the applicant, which certificate
shall create a presumption of rehabilitation in regard to
the offense or offenses specified in the certificate; and
(8) the legitimate interest of the licensing agency in
protecting property, and the safety and welfare of specific
individuals or the general public.
(i) A certificate of relief from disabilities shall be
issued only for a license or certification issued under the
following Acts:
(1) the Animal Welfare Act; except that a certificate
of relief from disabilities may not be granted to provide
for the issuance or restoration of a license under the
Animal Welfare Act for any person convicted of violating
Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
Care for Animals Act or Section 26-5 or 48-1 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(2) the Illinois Athletic Trainers Practice Act;
(3) the Barber, Cosmetology, Esthetics, Hair Braiding,
and Nail Technology Act of 1985;
(4) the Boiler and Pressure Vessel Repairer Regulation
Act;
(5) the Boxing and Full-contact Martial Arts Act;
(6) the Illinois Certified Shorthand Reporters and

SB2128 Engrossed - 61 - LRB101 07766 JRG 52815 b
Voice Writer Reporters Act of 1984;
(7) the Illinois Farm Labor Contractor Certification
Act;
(8) the Registered Interior Designers Act;
(9) the Illinois Professional Land Surveyor Act of
1989;
(10) the Illinois Landscape Architecture Act of 1989;
(11) the Marriage and Family Therapy Licensing Act;
(12) the Private Employment Agency Act;
(13) the Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act;
(14) the Real Estate License Act of 2000;
(15) the Illinois Roofing Industry Licensing Act;
(16) the Professional Engineering Practice Act of
1989;
(17) the Water Well and Pump Installation Contractor's
License Act;
(18) the Electrologist Licensing Act;
(19) the Auction License Act;
(20) the Illinois Architecture Practice Act of 1989;
(21) the Dietitian Nutritionist Practice Act;
(22) the Environmental Health Practitioner Licensing
Act;
(23) the Funeral Directors and Embalmers Licensing
Code;
(24) (blank);

SB2128 Engrossed - 62 - LRB101 07766 JRG 52815 b
(25) the Professional Geologist Licensing Act;
(26) the Illinois Public Accounting Act; and
(27) the Structural Engineering Practice Act of 1989.
(Source: P.A. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)
Section 75. The Code of Civil Procedure is amended by
changing Section 2-1003 as follows:
(735 ILCS 5/2-1003) (from Ch. 110, par. 2-1003)
Sec. 2-1003. Discovery and depositions.
(a) Discovery, such as admissions of fact and of
genuineness of documents, physical and mental examinations of
parties and other persons, the taking of any depositions, and
interrogatories, shall be in accordance with rules.
(b) (Blank).
(c) (Blank).
(d) Whenever the defendant in any litigation in this State
has the right to demand a physical or mental examination of the
plaintiff pursuant to statute or Supreme Court Rule, relative
to the occurrence and extent of injuries or damages for which
claim is made, or in connection with the plaintiff's capacity
to exercise any right plaintiff has, or would have but for a
finding based upon such examination, the plaintiff has the
right to have his or her attorney, or such other person as the
plaintiff may wish, present at such physical or mental
examination.

SB2128 Engrossed - 63 - LRB101 07766 JRG 52815 b
(e) No person or organization shall be required to furnish
claims, loss or risk management information held or provided by
an insurer, which information is described in Section 143.10a
of the "Illinois Insurance Code".
(f) Unless a verbatim record of the testimony or deposition
is prepared and certified by an individual certified under the
Illinois Certified Shorthand Reporters and Voice Writer
Reporters Act, no testimony taken in any litigation in this
State by deposition shall be offered in any court in this State
and no testimony offered in the record of administrative
proceedings in an appeal under the Administrative Review Law
shall be offered as part of the administrative record.
Testimony taken outside of this State shall be deemed to be in
conformity with this Section if the testimony was prepared and
certified by a court reporter authorized to prepare and certify
deposition testimony in the jurisdiction in which the testimony
was taken.
(Source: P.A. 99-110, eff. 1-1-16.)
Section 80. The Illinois Pre-Need Cemetery Sales Act is
amended by changing Sections 9 and 11 as follows:
(815 ILCS 390/9) (from Ch. 21, par. 209)
Sec. 9. The Comptroller may upon his own motion investigate
the actions of any person providing, selling, or offering
pre-need sales contracts or of any applicant or any person or

SB2128 Engrossed - 64 - LRB101 07766 JRG 52815 b
persons holding or claiming to hold a license under this Act.
The Comptroller shall make such an investigation on receipt of
the verified written complaint of any person setting forth
facts which, if proved, would constitute grounds for refusal,
suspension, or revocation of a license. Before refusing to
issue, and before suspension or revocation of a license, the
Comptroller shall hold a hearing to determine whether the
applicant or licensee, hereafter called the respondent, is
entitled to hold such a license. At least 10 days prior to the
date set for such hearing, the Comptroller shall notify the
respondent in writing that on the date designated a hearing
will be held to determine his eligibility for a license and
that he may appear in person or by counsel. Such written notice
may be served on the respondent personally, or by registered or
certified mail sent to the respondent's business address as
shown in his latest notification to the Comptroller and shall
include sufficient information to inform the respondent of the
general nature of the charge. At the hearing, both the
respondent and the complainant shall be accorded ample
opportunity to present in person or by counsel such statements,
testimony, evidence and argument as may be pertinent to the
charges or to any defense thereto. The Comptroller may
reasonably continue such hearing from time to time.
The Comptroller may subpoena any person or persons in this
State and take testimony orally, by deposition or by exhibit,
in the same manner and with the same fees and mileage as

SB2128 Engrossed - 65 - LRB101 07766 JRG 52815 b
prescribed in judicial proceedings in civil cases.
Any authorized agent of the Comptroller may administer
oaths to witnesses at any hearing which the Comptroller is
authorized to conduct.
The Comptroller, at his expense, shall provide a certified
shorthand reporter or certified voice writer reporter to take
down the testimony and preserve a record of all proceedings at
the hearing of any case involving the refusal to issue a
license, the suspension or revocation of a license, the
imposition of a monetary penalty, or the referral of a case for
criminal prosecution. The record of any such proceeding shall
consist of the notice of hearing, complaint, all other
documents in the nature of pleadings and written motions filed
in the proceedings, the transcript of testimony and the report
and orders of the Comptroller. Copies of the transcript of such
record may be purchased from the certified shorthand reporter
or certified voice writer reporter who prepared the record or
from the Comptroller.
(Source: P.A. 92-419, eff. 1-1-02.)
(815 ILCS 390/11) (from Ch. 21, par. 211)
Sec. 11. Any person affected by a final administrative
decision of the Comptroller may have such decision reviewed
judicially by the circuit court of the county where such person
resides, or in the case of a corporation, where the registered
office is located. If the plaintiff in the review proceeding is

SB2128 Engrossed - 66 - LRB101 07766 JRG 52815 b
not a resident of this State, venue shall be in Sangamon
County. The provisions of the "Administrative Review Law",
approved August 19, 1981, all amendments and modifications
thereto, and any rules adopted under it govern all proceedings
for the judicial review of final administrative decisions of
the Comptroller. The term "administrative decision" is defined
as in the "Administrative Review Law".
The Comptroller is not required to certify the record of
the proceeding unless the plaintiff in the review proceedings
has purchased a copy of the transcript from the certified
shorthand reporter or certified voice writer reporter who
prepared the record or from the Comptroller. Exhibits shall be
certified without cost.
(Source: P.A. 84-239.)