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Full Text of SB1538  102nd General Assembly

SB1538 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1538

 

Introduced 2/26/2021, by Sen. Antonio Muñoz

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Certified Shorthand Reporters Act of 1984. Provides that the practice of shorthand reporting includes the making of a verbatim record by the use of closed microphone voice dictation silencer and pen shorthand writing. Removes the requirement that certified shorthand reporters serving the Certified Shorthand Reporters Board must have actively engaged in the practice of shorthand reporting in this State for 10 years. Changes provisions concerning qualifications and applications. Provides that the Department of Financial and Professional Regulation may certify an applicant who is a certified verbatim reporter or registered professional reporter of another jurisdiction as a certified shorthand reporter. Makes provisions of the Act gender neutral. Makes other changes. Effective July 1, 2022.


LRB102 16089 SPS 21463 b

 

 

A BILL FOR

 

SB1538LRB102 16089 SPS 21463 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.34 as follows:
 
6    (5 ILCS 80/4.34)
7    Sec. 4.34. Acts and Section repealed on January 1, 2024.
8The following Acts and Section of an Act are repealed on
9January 1, 2024:
10        The Electrologist Licensing Act.
11        The Illinois Certified Shorthand Reporters and Voice
12    Writer Reporters Act of 1984.
13        The Illinois Occupational Therapy Practice Act.
14        The Illinois Public Accounting Act.
15        The Private Detective, Private Alarm, Private
16    Security, Fingerprint Vendor, and Locksmith Act of 2004.
17        The Registered Surgical Assistant and Registered
18    Surgical Technologist Title Protection Act.
19        Section 2.5 of the Illinois Plumbing License Law.
20        The Veterinary Medicine and Surgery Practice Act of
21    2004.
22(Source: P.A. 98-140, eff. 12-31-13; 98-253, eff. 8-9-13;
2398-254, eff. 8-9-13; 98-264, eff. 12-31-13; 98-339, eff.

 

 

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

 

 

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

 

 

SB1538- 4 -LRB102 16089 SPS 21463 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1certified voice writer reporter to make a stenographic record
2of that hearing and thereafter prepare a transcript of the
3proceedings. The transcript, all documents or materials
4received as evidence during the hearing and the local System
5review board's written decision shall be retained in the
6custody of the EMS system. The System shall implement a
7decision of the local System review board unless that decision
8has been appealed to the State Emergency Medical Services
9Disciplinary Review Board in accordance with this Act and the
10rules of the Department.
11    (f) The Resource Hospital shall implement a decision of
12the State Emergency Medical Services Disciplinary Review Board
13which has been rendered in accordance with this Act and the
14rules of the Department.
15(Source: P.A. 100-201, eff. 8-18-17; 100-1082, eff. 8-24-19.)
 
16    Section 25. The Illinois Funeral or Burial Funds Act is
17amended by changing Sections 3b and 3d as follows:
 
18    (225 ILCS 45/3b)  (from Ch. 111 1/2, par. 73.103b)
19    Sec. 3b. The Comptroller, at his expense, shall provide a
20certified shorthand reporter or certified voice writer
21reporter to take down the testimony and preserve a record of
22all proceedings at the hearing of any case involving the
23refusal to issue or renew a license, the suspension or
24revocation of a license, the imposition of a monetary penalty,

 

 

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1or the referral of a case for criminal prosecution. The record
2of any such proceeding shall consist of the notice of hearing,
3complaint, all other documents in the nature of pleadings and
4written motions filed in the proceedings, the transcript of
5testimony and the report and orders of the Comptroller. Copies
6of the transcript of such record may be purchased from the
7certified shorthand reporter or certified voice writer
8reporter who prepared the record.
9(Source: P.A. 84-839.)
 
10    (225 ILCS 45/3d)  (from Ch. 111 1/2, par. 73.103d)
11    Sec. 3d. Any person affected by a final administrative
12decision of the Comptroller may have such decision reviewed
13judicially by the circuit court of the county where such
14person resides, or in the case of a corporation, where the
15registered office is located. If the plaintiff in the review
16proceeding is not a resident of this State, venue shall be in
17Sangamon County. The provisions of the Administrative Review
18Law, as now or hereafter amended, and any rules adopted
19thereunder shall govern all proceedings for the judicial
20review of final administrative decisions of the Comptroller.
21The term "administrative decision" is defined as in the
22Administrative Review Law.
23    The Comptroller is not required to certify the record of
24the proceeding unless the plaintiff in the review proceedings
25has purchased a copy of the transcript from the certified

 

 

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1shorthand reporter or certified voice writer reporter who
2prepared the record. Exhibits shall be certified without cost.
3(Source: P.A. 84-839.)
 
4    Section 30. The Medical Practice Act of 1987 is amended by
5changing Section 39 as follows:
 
6    (225 ILCS 60/39)  (from Ch. 111, par. 4400-39)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 39. Certified shorthand reporter or certified voice
9writer reporter; record. The Department, at its expense, shall
10provide a certified shorthand reporter or certified voice
11writer reporter to take down the testimony and preserve a
12record of all proceedings at the hearing of any case wherein a
13license may be revoked, suspended, placed on probationary
14status, or other disciplinary action taken with regard thereto
15in accordance with Section 2105-115 of the Department of
16Professional Regulation Law of the Civil Administrative Code
17of Illinois. The notice of hearing, complaint and all other
18documents in the nature of pleadings and written motions filed
19in the proceedings, the transcript of testimony, the report of
20the hearing officer, exhibits, the report of the Board, and
21the orders of the Department constitute the record of the
22proceedings.
23(Source: P.A. 100-429, eff. 8-25-17; 101-316, eff. 8-9-19.)
 

 

 

SB1538- 12 -LRB102 16089 SPS 21463 b

1    Section 35. The Illinois Explosives Act is amended by
2changing Section 5004 as follows
 
3    (225 ILCS 210/5004)  (from Ch. 96 1/2, par. 1-5004)
4    Sec. 5004. Record of proceedings; transcript. The
5Department or aggrieved party may provide at its or his or her
6expense a certified shorthand reporter or certified voice
7writer reporter to take down the testimony and preserve a
8record of all proceedings at the hearing of any case involving
9denial or refusal to issue or renew a license or certificate,
10or the suspension or revocation or other discipline of a
11license or certificate. Copies of the transcript of such
12record may be purchased from the certified shorthand reporter
13or certified voice writer reporter who prepared the record.
14(Source: P.A. 96-1194, eff. 1-1-11.)
 
15    Section 40. The Illinois Certified Shorthand Reporters Act
16of 1984 is amended by changing Sections 1, 2, 3, 3.5, 4, 5, 6,
178, 9, 10, 11, 13, 14, 15, 16, 23, 23.1, 23.3, 23.4, 23.10,
1823.13, 25, 26, and 28 as follows:
 
19    (225 ILCS 415/1)  (from Ch. 111, par. 6201)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 1. The practice of shorthand reporting and voice
22writer reporting in the State of Illinois is hereby declared
23to affect the public health, safety and welfare and to be

 

 

SB1538- 13 -LRB102 16089 SPS 21463 b

1subject to regulation and control in the public interest. This
2Act is designed to encourage proficiency in the methods
3practice of shorthand reporting and voice writer reporting as
4a profession; to promote efficiency in court and general
5reporting; and to extend to the public the protection afforded
6by a standardized profession by establishing standards a
7standard of competency for certified shorthand reporters and
8voice writer reporters. It is further declared that, in order
9for the practice of shorthand reporting and voice writer
10reporting as defined in this Act to merit and receive the
11confidence of the public, only qualified persons shall be
12authorized to practice shorthand reporting and voice writer
13reporting in the State of Illinois. This Act shall be
14liberally construed to best carry out these subjects and
15purposes.
16(Source: P.A. 83-73.)
 
17    (225 ILCS 415/2)  (from Ch. 111, par. 6202)
18    (Section scheduled to be repealed on January 1, 2024)
19    Sec. 2. This Act may be cited as the Illinois Certified
20Shorthand Reporters and Voice Writer Reporters Act of 1984.
21(Source: P.A. 87-481.)
 
22    (225 ILCS 415/3)  (from Ch. 111, par. 6203)
23    (Section scheduled to be repealed on January 1, 2024)
24    Sec. 3. License required. No person may practice shorthand

 

 

SB1538- 14 -LRB102 16089 SPS 21463 b

1reporting or voice writer reporting on a temporary or
2permanent basis in this State without being certified under
3this Act. This Act does not prohibit any non-resident
4practicing shorthand reporter or non-resident practicing voice
5writer reporter from practicing shorthand reporting or voice
6writer reporting in this State as to one single proceeding.
7(Source: P.A. 98-445, eff. 12-31-13.)
 
8    (225 ILCS 415/3.5)
9    (Section scheduled to be repealed on January 1, 2024)
10    Sec. 3.5. Uncertified practice; violation; civil penalty.
11    (a) Any person who practices, offers to practice, attempts
12to practice, or holds oneself out to practice as a shorthand
13reporter or a voice writer reporter without being certified
14under this Act shall, in addition to any other penalty
15provided by law, pay a civil penalty to the Department in an
16amount not to exceed $10,000 for each offense as determined by
17the Department and the assessment of costs as provided under
18Section 23.3 of this Act. The civil penalty shall be assessed
19by the Department after a hearing is held in accordance with
20the provisions set forth in this Act regarding the provision
21of a hearing for the discipline of a licensee.
22    (b) The Department has the authority and power to
23investigate any and all unlicensed activity.
24    (c) The civil penalty shall be paid within 60 days after
25the effective date of the order imposing the civil penalty.

 

 

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

 

 

SB1538- 16 -LRB102 16089 SPS 21463 b

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

 

 

SB1538- 17 -LRB102 16089 SPS 21463 b

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

 

 

SB1538- 18 -LRB102 16089 SPS 21463 b

1as a certified voice writer reporter under this Act and may use
2the titles authorized by this Section in connection with his
3or her profession or business. No person other than the holder
4of a valid existing certificate under this Act shall use the
5title or designation of "Certified Shorthand Reporter", "Court
6Reporter",or "C.S.R.", either directly or indirectly in
7connection with his or her profession or business.
8(Source: P.A. 90-49, eff. 7-3-97.)
 
9    (225 ILCS 415/6)  (from Ch. 111, par. 6206)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 6. Restricted certificate. Upon receipt of a written
12request from the Chief Judge of the reporter's circuit, the
13Department shall, upon payment of the required fee, issue to
14any reporter who has been appointed in counties of less than
151,000,000 in population, has been examined under the Court
16Reporters Act, and has achieved an "A" proficiency rating, a
17restricted certificate by which such official court reporter
18may then lawfully engage in reporting only court proceedings
19to which he or she may be assigned by the Chief Judge of his or
20her circuit.
21(Source: P.A. 98-445, eff. 12-31-13.)
 
22    (225 ILCS 415/8)  (from Ch. 111, par. 6208)
23    (Section scheduled to be repealed on January 1, 2024)
24    Sec. 8. Certified Shorthand Reporters and Voice Writer

 

 

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

 

 

SB1538- 20 -LRB102 16089 SPS 21463 b

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

 

 

SB1538- 21 -LRB102 16089 SPS 21463 b

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

 

 

SB1538- 22 -LRB102 16089 SPS 21463 b

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

 

 

SB1538- 23 -LRB102 16089 SPS 21463 b

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

 

 

SB1538- 24 -LRB102 16089 SPS 21463 b

1    which shall take into account but not totally be based
2    upon any felony conviction of the applicant;
3        (3) has graduated from a high school or secondary
4    school or its equivalent;
5        (4) is trained in a voice writing method of reporting
6    as evidenced by a certificate of completion issued by the
7    school;
8        (5) has successfully completed the examination
9    authorized by the Department; and
10        (6) submits an official copy of a Certified Verbatim
11    Reporter or Certificate of Merit of examination issued by
12    a national organization offering a professionally
13    validated certification program or submits a certification
14    of successful completion of an examination from another
15    jurisdiction that is the equivalent of the examination
16    authorized by the Department.
17(Source: P.A. 98-445, eff. 12-31-13.)
 
18    (225 ILCS 415/13)  (from Ch. 111, par. 6213)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 13. No action or suit shall be instituted, nor
21recovery therein be had, in any court of this State by any
22person for compensation for any act done or service rendered,
23the doing or rendering of which is prohibited under the
24provisions of this Act to other than certified shorthand
25reporters or certified voice writer reporters.

 

 

SB1538- 25 -LRB102 16089 SPS 21463 b

1(Source: P.A. 83-73.)
 
2    (225 ILCS 415/14)  (from Ch. 111, par. 6214)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 14. Expiration, renewal, and military service. The
5expiration date and renewal period for each certificate issued
6under this Act shall be set by rule.
7    Any certified shorthand reporter or certified voice writer
8reporter who has permitted his or her certificate to expire or
9who has had his or her certificate on inactive status may have
10his or her certificate restored by making application to the
11Department, filing proof acceptable to the Department of his
12or her fitness to have his or her certificate restored and
13paying the required restoration fee. The Department may
14consider a certificate expired less than 5 years as prima
15facie evidence that the applicant is fit. If a certificate has
16expired or has been placed on inactive status and the
17applicant has practiced in another jurisdiction during such
18period, satisfactory proof of fitness may include sworn
19evidence certifying to active practice in another
20jurisdiction.
21    If the certified shorthand reporter or certified voice
22writer reporter has not maintained an active practice in
23another jurisdiction satisfactory to the Department, the
24Department shall determine, by an evaluation program
25established by rule, his or her fitness to resume active

 

 

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

 

 

SB1538- 27 -LRB102 16089 SPS 21463 b

1    Any certified shorthand reporter or certified voice writer
2reporter requesting restoration from inactive status shall be
3required to pay the current renewal fee and shall be required
4to restore his or her certificate, as provided in Section 14.
5    Any certified shorthand reporter or certified voice writer
6reporter whose certificate is in an inactive status shall not
7practice shorthand reporting or voice writer reporting in the
8State of Illinois.
9(Source: P.A. 98-445, eff. 12-31-13.)
 
10    (225 ILCS 415/16)  (from Ch. 111, par. 6216)
11    (Section scheduled to be repealed on January 1, 2024)
12    Sec. 16. Endorsement; licensure without examination. The
13Department may certify as a certified shorthand reporter or as
14a certified voice writer reporter, without examination, on
15payment of the required fee, an applicant who is a certified
16shorthand reporter or certified voice writer reporter
17registered under the laws of another jurisdiction, if the
18requirements for certification of certified shorthand
19reporters or certified voice writer reporters in that
20jurisdiction were, at the date of his or her certification,
21substantially equivalent to the requirements in force in this
22State on that date.
23    Applicants have 3 years from the date of application to
24complete the application process. If the process has not been
25completed in 3 years, the application shall be denied, the fee

 

 

SB1538- 28 -LRB102 16089 SPS 21463 b

1forfeited and the applicant must reapply and meet the
2requirements in effect at the time of reapplication.
3(Source: P.A. 98-445, eff. 12-31-13.)
 
4    (225 ILCS 415/23)  (from Ch. 111, par. 6223)
5    (Section scheduled to be repealed on January 1, 2024)
6    Sec. 23. Grounds for disciplinary action.
7    (a) The Department may refuse to issue or renew, or may
8revoke, suspend, place on probation, reprimand or take other
9disciplinary or non-disciplinary action as the Department may
10deem appropriate, including imposing fines not to exceed
11$10,000 for each violation and the assessment of costs as
12provided for in Section 23.3 of this Act, with regard to any
13license for any one or combination of the following:
14        (1) Material misstatement in furnishing information to
15    the Department;
16        (2) Violations of this Act, or of the rules
17    promulgated thereunder;
18        (3) Conviction by plea of guilty or nolo contendere,
19    finding of guilt, jury verdict, or entry of judgment or by
20    sentencing of any crime, including, but not limited to,
21    convictions, preceding sentences of supervision,
22    conditional discharge, or first offender probation under
23    the laws of any jurisdiction of the United States: (i)
24    that is a felony or (ii) that is a misdemeanor, an
25    essential element of which is dishonesty, or that is

 

 

SB1538- 29 -LRB102 16089 SPS 21463 b

1    directly related to the practice of the profession;
2        (4) Fraud or any misrepresentation in applying for or
3    procuring a license under this Act or in connection with
4    applying for renewal of a license under this Act;
5        (5) Professional incompetence;
6        (6) Aiding or assisting another person, firm,
7    partnership or corporation in violating any provision of
8    this Act or rules;
9        (7) Failing, within 60 days, to provide information in
10    response to a written request made by the Department;
11        (8) Engaging in dishonorable, unethical or
12    unprofessional conduct of a character likely to deceive,
13    defraud or harm the public;
14        (9) Habitual or excessive use or abuse of drugs
15    defined in law as controlled substances, alcohol, or any
16    other substances that results in the inability to practice
17    with reasonable judgment, skill, or safety;
18        (10) Discipline by another state, unit of government,
19    government agency, the District of Columbia, a territory,
20    or foreign nation, if at least one of the grounds for the
21    discipline is the same or substantially equivalent to
22    those set forth herein;
23        (11) Charging for professional services not rendered,
24    including filing false statements for the collection of
25    fees for which services were not rendered, or giving,
26    directly or indirectly, any gift or anything of value to

 

 

SB1538- 30 -LRB102 16089 SPS 21463 b

1    attorneys or their staff or any other persons or entities
2    associated with any litigation, that exceeds $100 total
3    per year; for the purposes of this Section, pro bono
4    services, as defined by State law, are permissible in any
5    amount;
6        (12) A finding by the Board that the certificate
7    holder, after having his or her certificate placed on
8    probationary status, has violated the terms of probation;
9        (13) Willfully making or filing false records or
10    reports in the practice of shorthand reporting or in the
11    practice of voice writer reporting, including but not
12    limited to false records filed with State agencies or
13    departments;
14        (14) Physical illness, including but not limited to,
15    deterioration through the aging process, or loss of motor
16    skill which results in the inability to practice under
17    this Act with reasonable judgment, skill or safety;
18        (15) Solicitation of professional services other than
19    by permitted advertising;
20        (16) Willful failure to take full and accurate
21    stenographic notes of any proceeding;
22        (17) Willful alteration of any stenographic notes
23    taken at any proceeding;
24        (18) Willful failure to accurately transcribe verbatim
25    any stenographic notes taken at any proceeding;
26        (19) Willful alteration of a transcript of

 

 

SB1538- 31 -LRB102 16089 SPS 21463 b

1    stenographic notes taken at any proceeding;
2        (20) Affixing one's signature to any transcript of his
3    stenographic notes or certifying to its correctness unless
4    the transcript has been prepared by him or under his
5    immediate supervision;
6        (21) Willful failure to systematically retain
7    stenographic notes or transcripts on paper or any
8    electronic media for 10 years from the date that the notes
9    or transcripts were taken;
10        (22) Failure to deliver transcripts in a timely manner
11    or in accordance with contractual agreements;
12        (23) Establishing contingent fees as a basis of
13    compensation;
14        (24) Mental illness or disability that results in the
15    inability to practice under this Act with reasonable
16    judgment, skill, or safety;
17        (25) Practicing under a false or assumed name, except
18    as provided by law;
19        (26) Cheating on or attempting to subvert the
20    licensing examination administered under this Act;
21        (27) Allowing one's license under this Act to be used
22    by an unlicensed person in violation of this Act.
23    All fines imposed under this Section shall be paid within
2460 days after the effective date of the order imposing the fine
25or in accordance with the terms set forth in the order imposing
26the fine.

 

 

SB1538- 32 -LRB102 16089 SPS 21463 b

1    (b) The determination by a circuit court that a
2certificate holder is subject to involuntary admission or
3judicial admission as provided in the Mental Health and
4Developmental Disabilities Code, operates as an automatic
5suspension. Such suspension will end only upon a finding by a
6court that the patient is no longer subject to involuntary
7admission or judicial admission, an order by the court so
8finding and discharging the patient. In any case where a
9license is suspended under this Section, the licensee may file
10a petition for restoration and shall include evidence
11acceptable to the Department that the licensee can resume
12practice in compliance with acceptable and prevailing
13standards of the profession.
14    (c) In cases where the Department of Healthcare and Family
15Services has previously determined a licensee or a potential
16licensee is more than 30 days delinquent in the payment of
17child support and has subsequently certified the delinquency
18to the Department, the Department may refuse to issue or renew
19or may revoke or suspend that person's license or may take
20other disciplinary action against that person based solely
21upon the certification of delinquency made by the Department
22of Healthcare and Family Services in accordance with item (5)
23of subsection (a) of Section 2105-15 of the Civil
24Administrative Code of Illinois.
25    (d) In enforcing this Section, the Department, upon a
26showing of a possible violation, may compel any individual who

 

 

SB1538- 33 -LRB102 16089 SPS 21463 b

1is certified under this Act or any individual who has applied
2for certification under this Act to submit to a mental or
3physical examination and evaluation, or both, which may
4include a substance abuse or sexual offender evaluation, at
5the expense of the Department. The Department shall
6specifically designate the examining physician licensed to
7practice medicine in all of its branches or, if applicable,
8the multidisciplinary team involved in providing the mental or
9physical examination and evaluation, or both. The
10multidisciplinary team shall be led by a physician licensed to
11practice medicine in all of its branches and may consist of one
12or more or a combination of physicians licensed to practice
13medicine in all of its branches, licensed chiropractic
14physicians, licensed clinical psychologists, licensed clinical
15social workers, licensed clinical professional counselors, and
16other professional and administrative staff. Any examining
17physician or member of the multidisciplinary team may require
18any person ordered to submit to an examination and evaluation
19pursuant to this Section to submit to any additional
20supplemental testing deemed necessary to complete any
21examination or evaluation process, including, but not limited
22to, blood testing, urinalysis, psychological testing, or
23neuropsychological testing.
24    The Department may order the examining physician or any
25member of the multidisciplinary team to provide to the
26Department any and all records, including business records,

 

 

SB1538- 34 -LRB102 16089 SPS 21463 b

1that relate to the examination and evaluation, including any
2supplemental testing performed. The Department may order the
3examining physician or any member of the multidisciplinary
4team to present testimony concerning this examination and
5evaluation of the certified shorthand reporter, certified
6voice writer reporter, or applicant, including testimony
7concerning any supplemental testing or documents relating to
8the examination and evaluation. No information, report,
9record, or other documents in any way related to the
10examination and evaluation shall be excluded by reason of any
11common law or statutory privilege relating to communication
12between the licensee or applicant and the examining physician
13or any member of the multidisciplinary team. No authorization
14is necessary from the certified shorthand reporter or
15applicant ordered to undergo an evaluation and examination for
16the examining physician or any member of the multidisciplinary
17team to provide information, reports, records, or other
18documents or to provide any testimony regarding the
19examination and evaluation. The individual to be examined may
20have, at his or her own expense, another physician of his or
21her choice present during all aspects of the examination.
22    Failure of any individual to submit to mental or physical
23examination and evaluation, or both, when directed, shall
24result in an automatic suspension, without hearing, until such
25time as the individual submits to the examination. If the
26Department finds a certified shorthand reporter or certified

 

 

SB1538- 35 -LRB102 16089 SPS 21463 b

1voice writer reporter unable to practice because of the
2reasons set forth in this Section, the Department shall
3require the certified shorthand reporter or certified voice
4writer reporter to submit to care, counseling, or treatment by
5physicians approved or designated by the Department, as a
6condition for continued, reinstated, or renewed certification.
7    When the Secretary immediately suspends a certificate
8under this Section, a hearing upon the person's certificate
9must be convened by the Department within 15 days after the
10suspension and completed without appreciable delay. The
11Department shall have the authority to review the certified
12shorthand reporter's or certified voice writer reporter's
13record of treatment and counseling regarding the impairment,
14to the extent permitted by applicable federal statutes and
15regulations safeguarding the confidentiality of medical
16records.
17    Individuals certified under this Act, affected under this
18Section, shall be afforded an opportunity to demonstrate to
19the Department that they can resume practice in compliance
20with acceptable and prevailing standards under the provisions
21of their certification.
22    (e) (Blank).
23    (f) The Department may refuse to issue or may suspend
24without hearing, as provided for in the Code of Civil
25Procedure, the license of any person who fails to file a
26return, to pay the tax, penalty, or interest shown in a filed

 

 

SB1538- 36 -LRB102 16089 SPS 21463 b

1return, or to pay any final assessment of tax, penalty, or
2interest as required by any tax Act administered by the
3Illinois Department of Revenue, until such time as the
4requirements of any such tax Act are satisfied in accordance
5with subsection (g) of Section 2105-15 of the Civil
6Administrative Code of Illinois.
7(Source: P.A. 100-872, eff. 8-14-18.)
 
8    (225 ILCS 415/23.1)  (from Ch. 111, par. 6224)
9    (Section scheduled to be repealed on January 1, 2024)
10    Sec. 23.1. Injunctive actions; order to cease and desist.
11    (a) If any person violates the provisions of this Act, the
12Secretary may, in the name of the People of the State of
13Illinois, through the Attorney General of the State of
14Illinois or the State's Attorney of the county in which the
15violation is alleged to have occurred, petition for an order
16enjoining such violation or for an order enforcing compliance
17with this Act. Upon the filing of a verified petition in such
18court, the court may issue a temporary restraining order,
19without notice or bond, and may preliminarily and permanently
20enjoin such violation. If it is established that such person
21has violated or is violating the injunction, the court may
22punish the offender for contempt of court. Proceedings under
23this Section shall be in addition to, and not in lieu of, all
24other remedies and penalties provided by this Act.
25    (b) If any person practices as a certified shorthand

 

 

SB1538- 37 -LRB102 16089 SPS 21463 b

1reporter or certified voice writer reporter or holds himself
2or herself out as a certified shorthand reporter or certified
3voice writer reporter without being licensed under the
4provisions of this Act then any certified shorthand reporter,
5any certified voice writer reporter, any interested party or
6any person injured thereby may, in addition to the Secretary,
7petition for relief as provided in subsection (a).
8    (c) Whenever in the opinion of the Department any person
9violates any provision of this Act, the Department may issue a
10rule to show cause why an order to cease and desist should not
11be entered against that individual. The rule shall clearly set
12forth the grounds relied upon by the Department and shall
13provide a period of 7 days from the date of the rule to file an
14answer to the satisfaction of the Department. Failure to
15answer to the satisfaction of the Department shall cause an
16order to cease and desist to be issued forthwith.
17(Source: P.A. 98-445, eff. 12-31-13.)
 
18    (225 ILCS 415/23.3)  (from Ch. 111, par. 6226)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 23.3. Records of proceedings. The Department, at its
21expense, shall preserve a record of all proceedings at the
22formal hearing of any case. The notice of hearing, complaint
23and all other documents in the nature of pleadings and written
24motions filed in the proceedings, the transcript of testimony,
25the report of the Board and orders of the Department, shall be

 

 

SB1538- 38 -LRB102 16089 SPS 21463 b

1the record of such proceeding. Any certified shorthand
2reporter or certified voice writer reporter who is found to
3have violated this Act or who fails to appear for a hearing to
4refuse to issue, restore, or renew a license or to discipline a
5licensee may be required by the Department to pay for the costs
6of the proceeding. These costs are limited to costs for court
7reporters, transcripts, and witness attendance and mileage
8fees. All costs imposed under this Section shall be paid
9within 60 days after the effective date of the order imposing
10the fine.
11(Source: P.A. 98-445, eff. 12-31-13.)
 
12    (225 ILCS 415/23.4)  (from Ch. 111, par. 6227)
13    (Section scheduled to be repealed on January 1, 2024)
14    Sec. 23.4. Subpoenas; oaths. The Department may subpoena
15and bring before it any person and to take the oral or written
16testimony or compel the production of any books, papers,
17records, or any other documents that the Secretary or his or
18her designee deems relevant or material to an investigation or
19hearing conducted by the Department with the same fees and
20mileage and in the same manner as prescribed by law in judicial
21procedure in civil cases in courts of this State.
22    The Secretary, the designated hearing officer, any member
23of the Board, or a certified shorthand court reporter or a
24certified voice writer reporter may have power to administer
25oaths at any hearing which the Department conducts.

 

 

SB1538- 39 -LRB102 16089 SPS 21463 b

1Notwithstanding any other statute or Department rule to the
2contrary, all requests for testimony and production of
3documents or records shall be in accordance with this Act.
4(Source: P.A. 98-445, eff. 12-31-13.)
 
5    (225 ILCS 415/23.13)  (from Ch. 111, par. 6236)
6    (Section scheduled to be repealed on January 1, 2024)
7    Sec. 23.13. Summary suspension. The Secretary may
8summarily suspend the certificate of a certified shorthand
9reporter or a certified voice writer reporter without a
10hearing, simultaneously with the institution of proceedings
11for a hearing provided for in Section 23.2 of this Act, if the
12Secretary finds that the evidence indicates that a certified
13shorthand reporter's or a certified voice writer reporter's
14continuation in practice would constitute an imminent danger
15to the public. In the event that the Secretary summarily
16suspends the certificate of a certified shorthand reporter or
17a certified voice writer reporter without a hearing, a hearing
18shall be commenced within 30 days after such suspension has
19occurred and shall be concluded as expeditiously as possible.
20(Source: P.A. 98-445, eff. 12-31-13.)
 
21    (225 ILCS 415/25)  (from Ch. 111, par. 6241)
22    (Section scheduled to be repealed on January 1, 2024)
23    Sec. 25. Home rule. The regulation and licensing of a
24shorthand reporter or a voice writer reporter are exclusive

 

 

SB1538- 40 -LRB102 16089 SPS 21463 b

1powers and functions of the State. A home rule unit may not
2regulate or license a shorthand reporter or the practice of
3shorthand reporting or regulate or license a voice writer
4reporter or the practice of voice writer reporting. This
5Section is a denial and limitation of home rule powers and
6functions under subsection (h) of Section 6 of Article VII of
7the Illinois Constitution.
8(Source: P.A. 98-445, eff. 12-31-13.)
 
9    (225 ILCS 415/26)  (from Ch. 111, par. 6242)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 26. Every shorthand reporter and voice writer
12reporter shall print his or her name and license or restricted
13license number on each transcript reported.
14(Source: P.A. 87-481; 87-576.)
 
15    (225 ILCS 415/28)
16    (Section scheduled to be repealed on January 1, 2024)
17    Sec. 28. Payment for services. A person certified under
18this Act may hold an attorney, firm, or any other entity
19personally responsible for payment of shorthand reporting
20services or voice writer reporting services rendered at the
21request of that attorney, firm, or entity.
22(Source: P.A. 90-295, eff. 8-1-97.)
 
23    Section 45. The Illinois Public Accounting Act is amended

 

 

SB1538- 41 -LRB102 16089 SPS 21463 b

1by changing Section 20.2 as follows:
 
2    (225 ILCS 450/20.2)  (from Ch. 111, par. 5523)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 20.2. Subpoenas; depositions; oaths.
5    (a) The Department may subpoena and bring before it any
6person to take the oral or written testimony or compel the
7production of any books, papers, records, or any other
8documents that the Secretary or his or her designee deems
9relevant or material to any investigation or hearing conducted
10by the Department with the same fees and mileage as prescribed
11in civil cases in circuit courts of this State and in the same
12manner as prescribed by this Act and its rules.
13    (b) The Secretary, any member of the Committee designated
14by the Secretary, a certified shorthand reporter or certified
15voice writer reporter, or any hearing officer appointed may
16administer oaths at any hearing which the Department conducts.
17Notwithstanding any statute or Department rule to the
18contrary, all requests for testimony, production of documents,
19or records shall be in accordance with this Act.
20(Source: P.A. 98-254, eff. 8-9-13.)
 
21    Section 50. The Real Estate Appraiser Licensing Act of
222002 is amended by changing Section 15-15 as follows:
 
23    (225 ILCS 458/15-15)

 

 

SB1538- 42 -LRB102 16089 SPS 21463 b

1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 15-15. Investigation; notice; hearing.
3    (a) Upon the motion of the Department or the Board or upon
4a complaint in writing of a person setting forth facts that, if
5proven, would constitute grounds for suspension, revocation,
6or other disciplinary action against a licensee or applicant
7for licensure, the Department shall investigate the actions of
8the licensee or applicant. If, upon investigation, the
9Department believes that there may be cause for suspension,
10revocation, or other disciplinary action, the Department shall
11use the services of a State certified general real estate
12appraiser, a State certified residential real estate
13appraiser, or the Real Estate Coordinator to assist in
14determining whether grounds for disciplinary action exist
15prior to commencing formal disciplinary proceedings.
16    (b) Formal disciplinary proceedings shall commence upon
17the issuance of a written complaint describing the charges
18that are the basis of the disciplinary action and delivery of
19the detailed complaint to the address of record of the
20licensee or applicant. The Department shall notify the
21licensee or applicant to file a verified written answer within
2220 days after the service of the notice and complaint. The
23notification shall inform the licensee or applicant of his or
24her right to be heard in person or by legal counsel; that the
25hearing will be afforded not sooner than 30 days after service
26of the complaint; that failure to file an answer will result in

 

 

SB1538- 43 -LRB102 16089 SPS 21463 b

1a default being entered against the licensee or applicant;
2that the license may be suspended, revoked, or placed on
3probationary status; and that other disciplinary action may be
4taken pursuant to this Act, including limiting the scope,
5nature, or extent of the licensee's practice. If the licensee
6or applicant fails to file an answer after service of notice,
7his or her license may, at the discretion of the Department, be
8suspended, revoked, or placed on probationary status and the
9Department may take whatever disciplinary action it deems
10proper, including limiting the scope, nature, or extent of the
11person's practice, without a hearing.
12    (c) At the time and place fixed in the notice, the Board
13shall conduct hearing of the charges, providing both the
14accused person and the complainant ample opportunity to
15present in person or by counsel such statements, testimony,
16evidence, and argument as may be pertinent to the charges or to
17a defense thereto.
18    (d) The Board shall present to the Secretary a written
19report of its findings and recommendations. A copy of the
20report shall be served upon the licensee or applicant, either
21personally or by certified mail. Within 20 days after the
22service, the licensee or applicant may present the Secretary
23with a motion in writing for either a rehearing, a proposed
24finding of fact, a conclusion of law, or an alternative
25sanction, and shall specify the particular grounds for the
26request. If the accused orders a transcript of the record as

 

 

SB1538- 44 -LRB102 16089 SPS 21463 b

1provided in this Act, the time elapsing thereafter and before
2the transcript is ready for delivery to the accused shall not
3be counted as part of the 20 days. If the Secretary is not
4satisfied that substantial justice has been done, the
5Secretary may order a rehearing by the Board or other special
6committee appointed by the Secretary, may remand the matter to
7the Board for its reconsideration of the matter based on the
8pleadings and evidence presented to the Board, or may enter a
9final order in contravention of the Board's recommendation.
10Notwithstanding a licensee's or applicant's failure to file a
11motion for rehearing, the Secretary shall have the right to
12take any of the actions specified in this subsection (d). Upon
13the suspension or revocation of a license, the licensee shall
14be required to surrender his or her license to the Department,
15and upon failure or refusal to do so, the Department shall have
16the right to seize the license.
17    (e) The Department has the power to issue subpoenas and
18subpoenas duces tecum to bring before it any person in this
19State, to take testimony, or to require production of any
20records relevant to an inquiry or hearing by the Board in the
21same manner as prescribed by law in judicial proceedings in
22the courts of this State. In a case of refusal of a witness to
23attend, testify, or to produce books or papers concerning a
24matter upon which he or she might be lawfully examined, the
25circuit court of the county where the hearing is held, upon
26application of the Department or any party to the proceeding,

 

 

SB1538- 45 -LRB102 16089 SPS 21463 b

1may compel obedience by proceedings as for contempt.
2    (f) Any license that is suspended indefinitely or revoked
3may not be restored for a minimum period of 2 years, or as
4otherwise ordered by the Secretary.
5    (g) In addition to the provisions of this Section
6concerning the conduct of hearings and the recommendations for
7discipline, the Department has the authority to negotiate
8disciplinary and non-disciplinary settlement agreements
9concerning any license issued under this Act. All such
10agreements shall be recorded as Consent Orders or Consent to
11Administrative Supervision Orders.
12    (h) The Secretary shall have the authority to appoint an
13attorney duly licensed to practice law in the State of
14Illinois to serve as the hearing officer in any action to
15suspend, revoke, or otherwise discipline any license issued by
16the Department. The Hearing Officer shall have full authority
17to conduct the hearing.
18    (i) The Department, at its expense, shall preserve a
19record of all formal hearings of any contested case involving
20the discipline of a license. At all hearings or pre-hearing
21conferences, the Department and the licensee shall be entitled
22to have the proceedings transcribed by a certified shorthand
23reporter or certified voice writer reporter. A copy of the
24transcribed proceedings shall be made available to the
25licensee by the certified shorthand reporter or certified
26voice writer reporter upon payment of the prevailing contract

 

 

SB1538- 46 -LRB102 16089 SPS 21463 b

1copy rate.
2(Source: P.A. 100-831, eff. 1-1-19.)
 
3    Section 55. The Animal Welfare Act is amended by changing
4Section 15 as follows:
 
5    (225 ILCS 605/15)  (from Ch. 8, par. 315)
6    Sec. 15. Any person affected by a final administrative
7decision of the Department may have such decision reviewed
8judicially by the circuit court of the county wherein such
9person resides, or in the case of a corporation, wherein the
10registered office is located. If the plaintiff in the review
11proceeding is not a resident of this state, the venue shall be
12in Sangamon County. The provisions of the Administrative
13Review Law, and all amendments and modifications thereof, and
14the rules adopted pursuant thereto, shall apply to and govern
15all proceedings for the judicial review of final
16administrative decisions of the Department hereunder. The term
17"administrative decision" is defined as in Section 3-101 of
18the Code of Civil Procedure.
19    The Department shall not be required to certify the record
20of the proceeding unless the plaintiff in the review
21proceedings has purchased a copy from the certified shorthand
22reporter or certified voice writer reporter who prepared the
23record. Exhibits shall be certified without cost.
24(Source: P.A. 82-783.)
 

 

 

SB1538- 47 -LRB102 16089 SPS 21463 b

1    Section 60. The Liquor Control Act of 1934 is amended by
2changing Section 7-9 as follows:
 
3    (235 ILCS 5/7-9)  (from Ch. 43, par. 153)
4    Sec. 7-9. Except as provided in this Section, any order or
5action of a local liquor control commissioner levying a fine
6or refusing to levy a fine on a licensee, granting or refusing
7to grant a license, revoking or suspending or refusing to
8revoke or suspend a license or refusing for more than 30 days
9to grant a hearing upon a complaint to revoke or suspend a
10license may, within 20 days after notice of such order or
11action, be appealed by any resident of the political
12subdivision under the jurisdiction of the local liquor control
13commissioner or any person interested, to the State
14Commission.
15    In any case where a licensee appeals to the State
16Commission from an order or action of the local liquor control
17commission having the effect of suspending or revoking a
18license, denying a renewal application, or refusing to grant a
19license, the licensee shall resume the operation of the
20licensed business pending the decision of the State Commission
21and the expiration of the time allowed for an application for
22rehearing. If an application for rehearing is filed, the
23licensee shall continue the operation of the licensed business
24until the denial of the application or, if the rehearing is

 

 

SB1538- 48 -LRB102 16089 SPS 21463 b

1granted, until the decision on rehearing.
2    In any case in which a licensee appeals to the State
3Commission a suspension or revocation by a local liquor
4control commissioner that is the second or subsequent such
5suspension or revocation placed on that licensee within the
6preceding 12 month period, the licensee shall consider the
7suspension or revocation to be in effect until a reversal of
8the local liquor control commissioner's action has been issued
9by the State Commission and shall cease all activity otherwise
10authorized by the license. The State Commission shall
11expedite, to the greatest extent possible, its consideration
12of any appeal that is an appeal of a second or subsequent
13suspension or revocation within the past 12 month period.
14    The appeal shall be limited to a review of the official
15record of the proceedings of such local liquor control
16commissioner if the county board, city council or board of
17trustees, as the case may be, has adopted a resolution
18requiring that such review be on the record. If such
19resolution is adopted, a certified official record of the
20proceedings taken and prepared by a certified court reporter,
21or certified shorthand reporter, or certified voice writer
22reporter shall be filed by the local liquor control
23commissioner within 5 days after notice of the filing of such
24appeal, if the appellant licensee pays for the cost of the
25transcript. The State Commission shall review the propriety of
26the order or action of the local liquor control commissioner

 

 

SB1538- 49 -LRB102 16089 SPS 21463 b

1and shall consider the following questions:
2        (a) whether the local liquor control commissioner has
3    proceeded in the manner provided by law;
4        (b) whether the order is supported by the findings;
5        (c) whether the findings are supported by substantial
6    evidence in the light of the whole record.
7    The only evidence which may be considered in the review,
8shall be the evidence found in the certified official record
9of the proceedings of the local liquor control commissioner.
10No new or additional evidence shall be admitted or considered.
11The State Commission shall render a decision affirming,
12reversing or modifying the order or action reviewed within 30
13days after the appeal was heard.
14    In the event such appeal is from an order of a local liquor
15control commissioner of a city, village or incorporated town
16of 500,000 or more inhabitants, granting or refusing to grant
17a license or refusing for more than 30 days to grant a hearing
18upon a complaint to revoke or suspend a license, the matter of
19the propriety of such order or action shall be tried de novo by
20the license appeal commission as expeditiously as
21circumstances permit.
22    In the event such appeal is from an order or action of a
23local liquor control commissioner of a city, village or
24incorporated town of 500,000 or more inhabitants, imposing a
25fine or refusing to impose a fine on a licensee, revoking or
26suspending or refusing to revoke or suspend a license, the

 

 

SB1538- 50 -LRB102 16089 SPS 21463 b

1license appeal commission shall determine the appeal by a
2review of the official record of the proceedings of such local
3liquor control commissioner. A certified record of the
4proceedings shall be promptly filed with the license appeal
5commission by such local liquor control commissioner after
6notice of the filing of such appeal if the appellant licensee
7pays for the cost of the transcript and promptly delivers the
8transcript to the local liquor control commission or its
9attorney. The review by the license appeal commission shall be
10limited to the questions:
11        (a) whether the local liquor control commissioner has
12    proceeded in the manner provided by law;
13        (b) whether the order is supported by the findings;
14        (c) whether the findings are supported by substantial
15    evidence in the light of the whole record.
16No new or additional evidence in support of or in opposition to
17such order or action under appeal shall be received other than
18that contained in such record of the proceedings. Within 30
19days after such appeal was heard, the license appeal
20commission shall render its decision in accordance with the
21provisions of Section 7-5.
22    In cities, villages and incorporated towns having a
23population of 500,000 or more inhabitants, appeals from any
24order or action shall lie to the license appeal commission of
25such city, village or incorporated town. All of the provisions
26of this Section and Section 7-10 relative to proceedings upon

 

 

SB1538- 51 -LRB102 16089 SPS 21463 b

1appeals before the State Commission and relative to appeals
2from the decisions of the State Commission shall apply also to
3proceedings upon appeals before any license appeal commission
4and appeals from the decisions of license appeal commission.
5    In any trial de novo hearing before the State Commission
6or license appeal commission, the local liquor control
7commissioner shall be entitled to 10 days notice and to be
8heard. All such trial de novo hearings shall be open to the
9public and the Illinois Liquor Control Commission and the
10license appeal commission shall reduce all evidence offered
11thereto to writing.
12    If after trial de novo hearing or review as provided
13herein, the State Commission or the license appeal commission
14(as the case may be) shall decide that the license has been
15improperly issued, denied, revoked, suspended or refused to be
16revoked or suspended or a hearing to revoke or suspend has been
17improperly refused or that the licensee has been improperly
18fined or not fined, it shall enter an order in conformity with
19such findings, which order shall be in writing.
20    A certified copy of the order shall be transmitted to the
21particular local liquor control commissioner and it shall be
22the duty of the local liquor control commissioner to take such
23action as may be necessary to conform with the order.
24    In any trial de novo hearing before the State Commission
25or the license appeal commission, the licensee shall submit to
26examination and produce books and records material to the

 

 

SB1538- 52 -LRB102 16089 SPS 21463 b

1business conducted under the license in like manner as before
2the local liquor control commissioner, and the failure of the
3licensee to submit to such an examination or to produce such
4books and records, or to appear at the hearing on such appeal,
5shall constitute an admission that he has violated the
6provisions of this Act. In the event the appeal is from an
7order of the local liquor control commissioner denying a
8renewal application, the licensee shall have on deposit with
9the local liquor control commissioner an amount sufficient to
10cover the license fee for the renewal period and any bond that
11may be required.
12(Source: P.A. 88-613, eff. 1-1-95.)
 
13    Section 65. The Salvage Warehouse and Salvage Warehouse
14Store Act is amended by changing Section 10 as follows:
 
15    (240 ILCS 30/10)  (from Ch. 114, par. 410)
16    Sec. 10. The Department, at its expense, shall provide a
17stenographer to take down the testimony and preserve a record
18of all proceedings at the hearing of any case involving the
19refusal to issue or renew, or the suspension or revocation of a
20license. The notice of hearing, complaint and all other
21documents in the nature of pleadings and written motions filed
22in the proceedings, the transcript of testimony, and orders of
23the Department shall be the record of such proceedings. Any
24interested person may purchase a copy of the transcript of the

 

 

SB1538- 53 -LRB102 16089 SPS 21463 b

1record from the certified shorthand reporter or certified
2voice writer reporter who prepared the record.
3    In any case involving the refusal to issue or renew or the
4suspension or revocation of a license, a copy of the
5Department's report shall be served upon the respondent by the
6Department, either personally or by registered or certified
7mail as provided in this Act for the service of the notice of
8hearing. Within 20 days after such service, the respondent may
9present to the Department a motion in writing for a rehearing,
10which written motion shall specify the particular grounds
11therefor. If no motion for rehearing is filed, then upon the
12expiration of the time specified for filing such a motion, or
13if a motion for rehearing is denied, then upon such denial, the
14Director may enter an order. If the respondent shall order and
15pay for a transcript of the record within the time for filing a
16motion for rehearing, the 20 day period within which such a
17motion may be filed shall commence upon the delivery of the
18transcript to the respondent.
19(Source: P.A. 81-750.)
 
20    Section 70. The Court Reporters Act is amended by changing
21Section 5 as follows:
 
22    (705 ILCS 70/5)  (from Ch. 37, par. 655)
23    Sec. 5. Means of reporting; transcripts. The court
24reporter shall make a full reporting by means of stenographic

 

 

SB1538- 54 -LRB102 16089 SPS 21463 b

1notes or voice writer reporting of the evidence and such other
2proceedings in trials and judicial proceedings to which he or
3she is assigned by the chief judge, and the court reporter may
4use an electronic instrument as a supplementary device. In the
5event that the court utilizes an audio or video recording
6system approved by the Supreme Court to record the
7proceedings, a court reporting services employee shall be in
8charge of such system. To the extent that it does not
9substantially interfere with the court reporter's other
10official duties, a reporter may be assigned to secretarial or
11clerical duties arising out of official court operations.
12    A court reporting services employee may charge a page rate
13for the preparation of transcripts of court proceedings not to
14exceed the rate set by the employer representative in the
15Uniform Schedule of Charges for Transcripts.
16(Source: P.A. 101-581, eff. 1-1-20.)
 
17    Section 75. The Unified Code of Corrections is amended by
18changing Section 5-5-5 as follows:
 
19    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
20    Sec. 5-5-5. Loss and restoration of rights.
21    (a) Conviction and disposition shall not entail the loss
22by the defendant of any civil rights, except under this
23Section and Sections 29-6 and 29-10 of The Election Code, as
24now or hereafter amended.

 

 

SB1538- 55 -LRB102 16089 SPS 21463 b

1    (b) A person convicted of a felony shall be ineligible to
2hold an office created by the Constitution of this State until
3the completion of his sentence.
4    (c) A person sentenced to imprisonment shall lose his
5right to vote until released from imprisonment.
6    (d) On completion of sentence of imprisonment or upon
7discharge from probation, conditional discharge or periodic
8imprisonment, or at any time thereafter, all license rights
9and privileges granted under the authority of this State which
10have been revoked or suspended because of conviction of an
11offense shall be restored unless the authority having
12jurisdiction of such license rights finds after investigation
13and hearing that restoration is not in the public interest.
14This paragraph (d) shall not apply to the suspension or
15revocation of a license to operate a motor vehicle under the
16Illinois Vehicle Code.
17    (e) Upon a person's discharge from incarceration or
18parole, or upon a person's discharge from probation or at any
19time thereafter, the committing court may enter an order
20certifying that the sentence has been satisfactorily completed
21when the court believes it would assist in the rehabilitation
22of the person and be consistent with the public welfare. Such
23order may be entered upon the motion of the defendant or the
24State or upon the court's own motion.
25    (f) Upon entry of the order, the court shall issue to the
26person in whose favor the order has been entered a certificate

 

 

SB1538- 56 -LRB102 16089 SPS 21463 b

1stating that his behavior after conviction has warranted the
2issuance of the order.
3    (g) This Section shall not affect the right of a defendant
4to collaterally attack his conviction or to rely on it in bar
5of subsequent proceedings for the same offense.
6    (h) No application for any license specified in subsection
7(i) of this Section granted under the authority of this State
8shall be denied by reason of an eligible offender who has
9obtained a certificate of relief from disabilities, as defined
10in Article 5.5 of this Chapter, having been previously
11convicted of one or more criminal offenses, or by reason of a
12finding of lack of "good moral character" when the finding is
13based upon the fact that the applicant has previously been
14convicted of one or more criminal offenses, unless:
15        (1) there is a direct relationship between one or more
16    of the previous criminal offenses and the specific license
17    sought; or
18        (2) the issuance of the license would involve an
19    unreasonable risk to property or to the safety or welfare
20    of specific individuals or the general public.
21    In making such a determination, the licensing agency shall
22consider the following factors:
23        (1) the public policy of this State, as expressed in
24    Article 5.5 of this Chapter, to encourage the licensure
25    and employment of persons previously convicted of one or
26    more criminal offenses;

 

 

SB1538- 57 -LRB102 16089 SPS 21463 b

1        (2) the specific duties and responsibilities
2    necessarily related to the license being sought;
3        (3) the bearing, if any, the criminal offenses or
4    offenses for which the person was previously convicted
5    will have on his or her fitness or ability to perform one
6    or more such duties and responsibilities;
7        (4) the time which has elapsed since the occurrence of
8    the criminal offense or offenses;
9        (5) the age of the person at the time of occurrence of
10    the criminal offense or offenses;
11        (6) the seriousness of the offense or offenses;
12        (7) any information produced by the person or produced
13    on his or her behalf in regard to his or her rehabilitation
14    and good conduct, including a certificate of relief from
15    disabilities issued to the applicant, which certificate
16    shall create a presumption of rehabilitation in regard to
17    the offense or offenses specified in the certificate; and
18        (8) the legitimate interest of the licensing agency in
19    protecting property, and the safety and welfare of
20    specific individuals or the general public.
21    (i) A certificate of relief from disabilities shall be
22issued only for a license or certification issued under the
23following Acts:
24        (1) the Animal Welfare Act; except that a certificate
25    of relief from disabilities may not be granted to provide
26    for the issuance or restoration of a license under the

 

 

SB1538- 58 -LRB102 16089 SPS 21463 b

1    Animal Welfare Act for any person convicted of violating
2    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
3    Care for Animals Act or Section 26-5 or 48-1 of the
4    Criminal Code of 1961 or the Criminal Code of 2012;
5        (2) the Illinois Athletic Trainers Practice Act;
6        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
7    and Nail Technology Act of 1985;
8        (4) the Boiler and Pressure Vessel Repairer Regulation
9    Act;
10        (5) the Boxing and Full-contact Martial Arts Act;
11        (6) the Illinois Certified Shorthand Reporters and
12    Voice Writer Reporters Act of 1984;
13        (7) the Illinois Farm Labor Contractor Certification
14    Act;
15        (8) the Registered Interior Designers Act;
16        (9) the Illinois Professional Land Surveyor Act of
17    1989;
18        (10) the Illinois Landscape Architecture Act of 1989;
19        (11) the Marriage and Family Therapy Licensing Act;
20        (12) the Private Employment Agency Act;
21        (13) the Professional Counselor and Clinical
22    Professional Counselor Licensing and Practice Act;
23        (14) the Real Estate License Act of 2000;
24        (15) the Illinois Roofing Industry Licensing Act;
25        (16) the Professional Engineering Practice Act of
26    1989;

 

 

SB1538- 59 -LRB102 16089 SPS 21463 b

1        (17) the Water Well and Pump Installation Contractor's
2    License Act;
3        (18) the Electrologist Licensing Act;
4        (19) the Auction License Act;
5        (20) the Illinois Architecture Practice Act of 1989;
6        (21) the Dietitian Nutritionist Practice Act;
7        (22) the Environmental Health Practitioner Licensing
8    Act;
9        (23) the Funeral Directors and Embalmers Licensing
10    Code;
11        (24) (blank);
12        (25) the Professional Geologist Licensing Act;
13        (26) the Illinois Public Accounting Act; and
14        (27) the Structural Engineering Practice Act of 1989.
15(Source: P.A. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)
 
16    Section 80. The Illinois Pre-Need Cemetery Sales Act is
17amended by changing Sections 9 and 11 as follows:
 
18    (815 ILCS 390/9)  (from Ch. 21, par. 209)
19    Sec. 9. The Comptroller may upon his own motion
20investigate the actions of any person providing, selling, or
21offering pre-need sales contracts or of any applicant or any
22person or persons holding or claiming to hold a license under
23this Act. The Comptroller shall make such an investigation on
24receipt of the verified written complaint of any person

 

 

SB1538- 60 -LRB102 16089 SPS 21463 b

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

 

 

SB1538- 61 -LRB102 16089 SPS 21463 b

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

 

 

SB1538- 62 -LRB102 16089 SPS 21463 b

1Law", approved August 19, 1981, all amendments and
2modifications thereto, and any rules adopted under it govern
3all proceedings for the judicial review of final
4administrative decisions of the Comptroller. The term
5"administrative decision" is defined as in the "Administrative
6Review Law".
7    The Comptroller is not required to certify the record of
8the proceeding unless the plaintiff in the review proceedings
9has purchased a copy of the transcript from the certified
10shorthand reporter or certified voice writer reporter who
11prepared the record or from the Comptroller. Exhibits shall be
12certified without cost.
13(Source: P.A. 84-239.)
 
14    Section 999. Effective date. This Act takes effect July 1,
152022.

 

 

SB1538- 63 -LRB102 16089 SPS 21463 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.34
4    5 ILCS 255/1from Ch. 101, par. 1
5    5 ILCS 255/2from Ch. 101, par. 2
6    20 ILCS 2105/2105-115was 20 ILCS 2105/60f
7    210 ILCS 50/3.40
8    225 ILCS 45/3bfrom Ch. 111 1/2, par. 73.103b
9    225 ILCS 45/3dfrom Ch. 111 1/2, par. 73.103d
10    225 ILCS 60/39from Ch. 111, par. 4400-39
11    225 ILCS 210/5004from Ch. 96 1/2, par. 1-5004
12    225 ILCS 415/1from Ch. 111, par. 6201
13    225 ILCS 415/2from Ch. 111, par. 6202
14    225 ILCS 415/3from Ch. 111, par. 6203
15    225 ILCS 415/3.5
16    225 ILCS 415/4from Ch. 111, par. 6204
17    225 ILCS 415/5from Ch. 111, par. 6205
18    225 ILCS 415/6from Ch. 111, par. 6206
19    225 ILCS 415/8from Ch. 111, par. 6208
20    225 ILCS 415/9from Ch. 111, par. 6209
21    225 ILCS 415/10from Ch. 111, par. 6210
22    225 ILCS 415/11from Ch. 111, par. 6211
23    225 ILCS 415/13from Ch. 111, par. 6213
24    225 ILCS 415/14from Ch. 111, par. 6214
25    225 ILCS 415/15from Ch. 111, par. 6215

 

 

SB1538- 64 -LRB102 16089 SPS 21463 b

1    225 ILCS 415/16from Ch. 111, par. 6216
2    225 ILCS 415/23from Ch. 111, par. 6223
3    225 ILCS 415/23.1from Ch. 111, par. 6224
4    225 ILCS 415/23.3from Ch. 111, par. 6226
5    225 ILCS 415/23.4from Ch. 111, par. 6227
6    225 ILCS 415/23.13from Ch. 111, par. 6236
7    225 ILCS 415/25from Ch. 111, par. 6241
8    225 ILCS 415/26from Ch. 111, par. 6242
9    225 ILCS 415/28
10    225 ILCS 450/20.2from Ch. 111, par. 5523
11    225 ILCS 458/15-15
12    225 ILCS 605/15from Ch. 8, par. 315
13    235 ILCS 5/7-9from Ch. 43, par. 153
14    240 ILCS 30/10from Ch. 114, par. 410
15    705 ILCS 70/5from Ch. 37, par. 655
16    730 ILCS 5/5-5-5from Ch. 38, par. 1005-5-5
17    815 ILCS 390/9from Ch. 21, par. 209
18    815 ILCS 390/11from Ch. 21, par. 211