100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5207

 

Introduced , by Rep. Tom Demmer

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2105/2105-16 new
20 ILCS 2105/2105-115  was 20 ILCS 2105/60f

    Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that individuals licensed pursuant to the following Acts who have been actively licensed for 10 or more consecutive years with no prior disciplinary action or pending disciplinary proceedings shall be deemed compliant with continuing education requirements upon completion of half the number of hours required by the individual licensing Act or administrative rule: the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985; the Electrologist Licensing Act; the Environmental Health Practitioner Licensing Act; the Funeral Directors and Embalmers Licensing Code; the Illinois Landscape Architecture Act of 1989; the Illinois Professional Land Surveyor Act of 1989; and the Illinois Certified Shorthand Reporters Act of 1984. Provides that the Department of Financial and Professional Regulation shall provide either a certified shorthand reporter or electronic recording means (rather than only a certified shorthand 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 or subjected to other disciplinary action. Specifies that if an electronic recording is used by the Department, the electronic recording shall serve as the official record of the proceeding and may not be transcribed unless requested and paid for by the party requesting transcription, except as otherwise provided by law. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5207LRB100 17101 XWW 32253 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Professional Regulation Law of
5the Civil Administrative Code of Illinois is amended by
6changing Section 2105-115 and by adding Section 2105-16 as
7follows:
 
8    (20 ILCS 2105/2105-16 new)
9    Sec. 2105-16. Continuing education. Notwithstanding any
10provision of an individual licensing Act or administrative
11rule, individuals licensed pursuant to the following Acts who
12have been actively licensed for 10 or more consecutive years
13with no prior disciplinary action or pending disciplinary
14proceedings shall be deemed compliant with continuing
15education requirements upon completion of half the number of
16hours required by the individual licensing Act or
17administrative rule: the Barber, Cosmetology, Esthetics, Hair
18Braiding, and Nail Technology Act of 1985; the Electrologist
19Licensing Act; the Environmental Health Practitioner Licensing
20Act; the Funeral Directors and Embalmers Licensing Code; the
21Illinois Landscape Architecture Act of 1989; the Illinois
22Professional Land Surveyor Act of 1989; and the Illinois
23Certified Shorthand Reporters Act of 1984. Nothing in this

 

 

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1Section relieves a licensee of the obligation to fully complete
2coursework in any specifically mandated topic area.
 
3    (20 ILCS 2105/2105-115)  (was 20 ILCS 2105/60f)
4    Sec. 2105-115. Certified shorthand reporter; transcript.
5The Department, at its expense, shall provide either a
6certified shorthand reporter or electronic recording means to
7take down the testimony and preserve a record of all
8proceedings at the hearing of any case in which a license may
9be revoked, suspended, placed on probationary status,
10reprimanded, fined, or subjected to other disciplinary action
11with reference to the license when a disciplinary action is
12authorized in any licensing Act administered by the Department.
13If an electronic recording is used by the Department, the
14electronic recording shall serve as the official record of the
15proceeding and may not be transcribed unless requested and paid
16for by the party requesting transcription, except as otherwise
17provided by law. The notice, complaint, and all other documents
18in the nature of pleadings and written motions filed in the
19proceedings, the transcript or electronic recording of
20testimony, the exhibits, the report of the board, and the
21orders of the Department shall be the record of the
22proceedings. Notwithstanding any provision of an individual
23licensing Act or administrative rule, the The Department shall
24furnish the record for a judicial review proceeding to any
25person interested in the hearing upon payment therefor of $1

 

 

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1per page. The Department shall also furnish the record,
2excluding the transcript if transcribed by a court reporting
3service under contract with the Department, to any person
4interested in the hearing upon payment therefor of $1 per page.
5These charges are in addition to any fee charged by the
6Department for certifying the record. The Department may
7contract for court reporting services, and, in the event it
8does so, the Department shall provide the name and contact
9information for the certified shorthand reporter who
10transcribed the testimony at a hearing to any person
11interested, who may obtain a copy of the transcript of any
12proceedings at a hearing upon payment of the fee specified by
13the certified shorthand reporter. This charge is in addition to
14any fee charged by the Department for certifying the record.
15(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.