Illinois General Assembly - Full Text of HB2724
Illinois General Assembly

Previous General Assemblies

Full Text of HB2724  98th General Assembly

HB2724 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2724

 

Introduced 2/21/2013, by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act to extend the repeal of the Illinois Certified Shorthand Reporters Act of 1984 from January 1, 2014 to January 1, 2024. Amends the Illinois Certified Shorthand Reporters Act of 1984. Adds Section headings and changes references of "Director" to "Secretary". Makes changes to the provisions concerning uncertified practice, violations, and civil penalties; definitions; restricted certificates; the administration of Act; the Certified Shorthand Reporters Board; the Department's authorization of examinations; expiration, renewal, and military service; endorsement and licensure without examination; fees and returned checks; advertising; grounds for disciplinary action; injunctive actions and orders to cease and desist; investigations and notice and hearing; records of proceedings; subpoenas and oaths; compelling testimony and contempt; the Board's report; hearing officers, reports, and review; order or certified copy and prima facie proof; restoration of license from discipline; suspension; certification of court records and the filing of receipt; penalties; home rule; and a licensee's responsibility to preserve his or her shorthand notes. Adds provisions concerning social security numbers on license applications and confidentiality. Repeals a provision concerning practicing in this State or holding oneself out as being able to practice shorthand reporting. Makes other changes. Effective December 31, 2013.


LRB098 02601 RPM 32606 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2724LRB098 02601 RPM 32606 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Sections 4.24 and by adding 4.34 as follows:
 
6    (5 ILCS 80/4.24)
7    Sec. 4.24. Acts repealed on January 1, 2014. The following
8Acts are repealed on January 1, 2014:
9    The Electrologist Licensing Act.
10    The Illinois Certified Shorthand Reporters Act of 1984.
11    The Illinois Occupational Therapy Practice Act.
12    The Illinois Public Accounting Act.
13    The Private Detective, Private Alarm, Private Security,
14Fingerprint Vendor, and Locksmith Act of 2004.
15    The Registered Surgical Assistant and Registered Surgical
16Technologist Title Protection Act.
17    The Veterinary Medicine and Surgery Practice Act of 2004.
18(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07.)
 
19    (5 ILCS 80/4.34 new)
20    Sec. 4.34. Act repealed on January 1, 2024. The following
21Act is repealed on January 1, 2024:
22    The Illinois Certified Shorthand Reporters Act of 1984.
 

 

 

HB2724- 2 -LRB098 02601 RPM 32606 b

1    Section 10. The Illinois Certified Shorthand Reporters Act
2of 1984 is amended by changing Sections 3, 3.5, 4, 6, 7, 8, 9,
310, 11, 14, 15, 16, 17, 18, 19, 20, 23, 23.1, 23.2, 23.3, 23.4,
423.5, 23.6, 23.7, 23.8, 23.9, 23.10, 23.11, 23.12, 23.13,
523.14, 23.15, 23.16, 25, and 26.1 and by adding Sections 12.1
6and 23.2a as follows:
 
7    (225 ILCS 415/3)  (from Ch. 111, par. 6203)
8    (Section scheduled to be repealed on January 1, 2014)
9    Sec. 3. License required. No person may practice shorthand
10reporting on a temporary or permanent basis in this State
11without being certified under this Act. This Act does not
12prohibit any non-resident practicing shorthand reporter from
13practicing shorthand reporting in this State on a purely
14temporary basis with reference to one single proceeding.
15(Source: P.A. 87-481; 87-576.)
 
16    (225 ILCS 415/3.5)
17    (Section scheduled to be repealed on January 1, 2014)
18    Sec. 3.5. Uncertified practice; violation; civil penalty.
19    (a) In addition to any other penalty provided by law, any
20Any person who practices, offers to practice, attempts to
21practice, or holds oneself out to practice as a shorthand
22reporter without being certified under this Act shall, in
23addition to any other penalty provided by law, pay a civil

 

 

HB2724- 3 -LRB098 02601 RPM 32606 b

1penalty to the Department in an amount not to exceed $10,000
2$5,000 for each offense as determined by the Department. The
3civil penalty shall be assessed by the Department after a
4hearing is held in accordance with the provisions set forth in
5this Act regarding the provision of a hearing for the
6discipline of a licensee.
7    (b) The Department has the authority and power to
8investigate any and all unlicensed activity.
9    (c) The civil penalty shall be paid within 60 days after
10the effective date of the order imposing the civil penalty. The
11order shall constitute a judgment and may be filed and
12execution had thereon in the same manner as any judgment from
13any court of record.
14    (d) All moneys collected under this Section shall be
15deposited into the General Professions Dedicated Fund.
16(Source: P.A. 89-474, eff. 6-18-96.)
 
17    (225 ILCS 415/4)  (from Ch. 111, par. 6204)
18    (Section scheduled to be repealed on January 1, 2014)
19    Sec. 4. In this Act:
20    (1) "Department" means the Department of Financial and
21Professional Regulation.
22    (2) "Secretary" "Director" means the Secretary Director of
23Financial and Professional Regulation.
24    (3) "Board" means the Certified Shorthand Reporters Board
25appointed by the Secretary Director.

 

 

HB2724- 4 -LRB098 02601 RPM 32606 b

1    (4) "The practice of shorthand reporting" means reporting,
2by the use of any system of manual or mechanical shorthand
3writing, of Grand Jury proceedings, court proceedings, court
4related proceedings, pretrial examinations, depositions,
5motions and related proceedings of like character, or
6proceedings of an administrative agency when the final decision
7of the agency with reference thereto is likely to be subject to
8judicial review under the provisions of the Administrative
9Review Law.
10    (5) "Shorthand reporter" means a person who is technically
11qualified and certified under this Act to practice shorthand
12reporting.
13    (6) "Stenographic notes" means the original notes by manual
14or mechanical shorthand or shorthand writing taken by a
15shorthand reporter of a proceeding while in attendance at such
16proceeding for the purpose of reporting the same.
17    (7) "Address of record" means the designated address
18recorded by the Department in the applicant's or licensee's
19application file or license file as maintained by the
20Department's licensure maintenance unit. It is the duty of the
21applicant or licensee to inform the Department of any change of
22address and those changes must be made either through the
23Department's Internet website or by contacting the Department.
24(Source: P.A. 87-481; 87-576.)
 
25    (225 ILCS 415/6)  (from Ch. 111, par. 6206)

 

 

HB2724- 5 -LRB098 02601 RPM 32606 b

1    (Section scheduled to be repealed on January 1, 2014)
2    Sec. 6. Restricted certificate. Upon receipt of a written
3request from the Chief Judge of the reporter's circuit, the
4Department shall, upon payment of the required fee, issue to
5any reporter who has been appointed in counties of less than
61,000,000 in population, and examined under the Court Reporters
7Act, except those who have achieved an "A" proficiency rating,
8a restricted certificate by which such official court reporter
9may then lawfully engage in reporting only court proceedings to
10which he may be assigned by the Chief Judge of his circuit.
11    The Department may refuse to issue or may suspend the
12certificate of any person who fails to file a return, or to pay
13the tax, penalty or interest shown in a filed return, or to pay
14any final assessment of tax, penalty or interest, as required
15by any tax Act administered by the Illinois Department of
16Revenue, until such time as the requirements of any such tax
17Act are satisfied.
18(Source: P.A. 95-146, eff. 1-1-08.)
 
19    (225 ILCS 415/7)  (from Ch. 111, par. 6207)
20    (Section scheduled to be repealed on January 1, 2014)
21    Sec. 7. Administration of Act.
22    (a) The Department shall exercise the powers and duties
23prescribed by The Civil Administrative Code of Illinois for the
24administration of licensing Acts and shall exercise such other
25powers and duties necessary for effectuating the purposes of

 

 

HB2724- 6 -LRB098 02601 RPM 32606 b

1this Act.
2    (b) The Secretary Director may promulgate rules consistent
3with the provisions of this Act for the administration and
4enforcement thereof, and for the payment of fees connected
5therewith, and may prescribe forms which shall be issued in
6connection therewith. The rules may shall include standards and
7criteria for licensure and professional conduct and
8discipline. The Department may shall consult with the Board in
9promulgating rules. Notice of proposed rulemaking shall be
10transmitted to the Board and the Department shall review the
11Board's response and any recommendations made therein. The
12Department shall notify the Board in writing with proper
13explanation of deviations from the Board's recommendations and
14responses.
15    (c) The Department may at any time seek the advice and the
16expert knowledge of the Board on any matter relating to the
17administration of this Act.
18    (d) (Blank). The Department shall issue quarterly a report
19to the Board of the status of all complaints related to the
20profession filed with the Department.
21(Source: P.A. 83-73.)
 
22    (225 ILCS 415/8)  (from Ch. 111, par. 6208)
23    (Section scheduled to be repealed on January 1, 2014)
24    Sec. 8. Certified Shorthand Reporters Board. The Secretary
25Director shall appoint a certified Shorthand Reporters Board as

 

 

HB2724- 7 -LRB098 02601 RPM 32606 b

1follows: 7 persons who shall be appointed by and shall serve in
2an advisory capacity to the Secretary Director. Six members
3must be certified shorthand reporters, in good standing, and
4actively engaged in the practice of shorthand reporting in this
5State for ten years, and one member must be a member of the
6public who is not certified under this Act, or a similar Act of
7another jurisdiction.
8    Members shall serve 4 year terms and until their successors
9are appointed and qualified, except that of the initial
10appointments, one member shall be appointed to serve for one
11year, 2 shall be appointed to serve for 2 years, 2 shall be
12appointed to serve for 3 years, and the remaining one, who
13shall be the public member, shall be appointed to serve for 4
14years, until their successors are appointed and qualified. No
15member shall be reappointed to the Board for a term that would
16cause his continuous service on the Board to be longer than 2
17full consecutive terms. 8 successive years. Service prior to
18the effective date of this amendatory Act of 1991 shall be
19considered. Appointments to fill vacancies shall be made in the
20same manner as original appointments, for the unexpired portion
21of the vacated term. Initial terms shall begin upon the
22effective date of this Act.
23    The membership of the Board should reasonably reflect
24representation from the geographic areas in this State. In
25making appointments to the Board, the Secretary Director shall
26give consideration to recommendations by national and State

 

 

HB2724- 8 -LRB098 02601 RPM 32606 b

1organizations of the shorthand reporter profession and shall
2promptly give notice to such organizations of any vacancy in
3the membership of the Board.
4    A vacancy in the membership of the Board shall not impair
5the right of a quorum to exercise all the rights and perform
6all the duties of the Board. A majority of the Board members
7currently appointed shall constitute a quorum.
8    The Secretary may remove or suspend any member of the Board
9for cause at any time before the expiration of his or her term.
10The Secretary shall be the sole arbiter of cause. Director may
11terminate the appointment of any member for cause which in the
12opinion of the Director reasonably justifies such termination.
13    The Secretary Director shall consider the recommendations
14of the Board on questions involving standards of professional
15conduct, discipline and qualifications of candidates and
16certificate holders under this Act.
17    Members of the Board shall be reimbursed for all
18legitimate, necessary, and authorized expenses incurred in
19attending the meetings of the Board.
20    Members of the Board have no liability in any action based
21upon any disciplinary proceedings or other activity performed
22in good faith as members of the Board.
23    The Director may remove any member who fails to attend 3
24consecutive meetings unless the member has a medical excuse.
25(Source: P.A. 91-827, eff. 6-13-00.)
 

 

 

HB2724- 9 -LRB098 02601 RPM 32606 b

1    (225 ILCS 415/9)  (from Ch. 111, par. 6209)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 9. Qualifications. Applications for original
4certificates shall be made to the Department in writing on
5forms prescribed by the Department and shall be accompanied by
6the required fee, which shall not be returnable. Any such
7application shall require such information as in the judgment
8of the Department will enable the Department to pass on the
9qualifications of the applicant for certification.
10    In determining competency, the Department shall require
11proof that the applicant has a good understanding of the
12English language, including reading, spelling and vocabulary,
13and that the applicant has sufficient ability to accurately
14report any of the matters comprising the practice of shorthand
15reporting as herein defined, by the use of any system of manual
16or mechanical shorthand or shorthand writing, and a clear
17understanding of obligations between a shorthand reporter and
18the parties to any proceedings reported, as well as the
19provisions of this Act.
20(Source: P.A. 83-73.)
 
21    (225 ILCS 415/10)  (from Ch. 111, par. 6210)
22    (Section scheduled to be repealed on January 1, 2014)
23    Sec. 10. The Department shall authorize examinations at
24least annually and at such time and place as it may designate.
25The examination shall be of a character to give a fair test of

 

 

HB2724- 10 -LRB098 02601 RPM 32606 b

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

 

 

HB2724- 11 -LRB098 02601 RPM 32606 b

1the United States within one year of passing the examination.
2(Source: P.A. 86-615.)
 
3    (225 ILCS 415/11)  (from Ch. 111, par. 6211)
4    (Section scheduled to be repealed on January 1, 2014)
5    Sec. 11. Qualifications; application. A person shall be
6qualified for certification as a certified shorthand reporter
7if:
8    A. That person has applied in writing in form and substance
9to the Department; and
10        (1) (Blank);
11        (2) Is of good moral character, the determination of
12    which shall take into account but not be totally based upon
13    any felony conviction of the applicant; and
14        (3) Has graduated from a high school or secondary
15    school or its equivalent; and
16    B. That person has successfully completed the examination
17authorized by the Department.
18(Source: P.A. 89-387, eff. 8-20-95.)
 
19    (225 ILCS 415/12.1 new)
20    Sec. 12.1. Social Security Number on license application.
21In addition to any other information required to be contained
22in the application, every application for an original license
23under this Act shall include the applicant's Social Security
24Number, which shall be retained in the Department's records

 

 

HB2724- 12 -LRB098 02601 RPM 32606 b

1pertaining to the license. As soon as practicable, the
2Department shall assign a customer's identification number to
3each applicant for a license. Every application for a renewal
4or restored license shall require the applicant's customer
5identification number.
 
6    (225 ILCS 415/14)  (from Ch. 111, par. 6214)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 14. Expiration, renewal, and military service. The
9expiration date and renewal period for each certificate issued
10under this Act shall be set by rule.
11    Any certified shorthand reporter who has permitted his
12certificate to expire or who has had his certificate on
13inactive status may have his certificate restored by making
14application to the Department, filing proof acceptable to the
15Department of his fitness to have his certificate restored and
16paying the required restoration fee. The Department may
17consider a certificate expired less than 5 years as prima facie
18evidence that the applicant is fit. If a certificate has
19expired or has been placed on inactive status and the applicant
20has practiced in another jurisdiction during such period,
21satisfactory proof of fitness may include sworn evidence
22certifying to active practice in another jurisdiction.
23    If the certified shorthand reporter has not maintained an
24active practice in another jurisdiction satisfactory to the
25Department, the Department shall determine, by an evaluation

 

 

HB2724- 13 -LRB098 02601 RPM 32606 b

1program established by rule, his fitness to resume active
2status and shall establish procedures and requirements for
3restoration may require the certified shorthand reporter to
4successfully complete a practical examination.
5    However, any certified shorthand reporter whose
6certificate expired while he was (1) in Federal Service on
7active duty with the Armed Forces of the United States, or the
8State Militia called into service or training, or (2) in
9training or education under the supervision of the United
10States preliminary to induction into the military service, may
11have his certificate renewed or restored without paying any
12lapsed renewal fees if within 2 years after termination of such
13service, training or education except under conditions other
14than honorable, he furnished the Department with satisfactory
15evidence to the effect that he has been so engaged and that his
16service, training or education has been so terminated.
17(Source: P.A. 84-427.)
 
18    (225 ILCS 415/15)  (from Ch. 111, par. 6215)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 15. Inactive status. Any certified shorthand reporter
21who notifies the Department in writing on forms prescribed by
22the Department, may elect to place his certificate on an
23inactive status and shall, subject to rules of the Department,
24be excused from payment of renewal fees until he notifies the
25Department in writing of his desire to resume active status.

 

 

HB2724- 14 -LRB098 02601 RPM 32606 b

1    Any certified shorthand reporter requesting restoration
2from inactive status shall be required to pay the current
3renewal fee and shall be required to restore his certificate,
4as provided in Section 14.
5    Any certified shorthand reporter whose certificate is in an
6inactive status shall not practice shorthand reporting in the
7State of Illinois.
8(Source: P.A. 83-73.)
 
9    (225 ILCS 415/16)  (from Ch. 111, par. 6216)
10    (Section scheduled to be repealed on January 1, 2014)
11    Sec. 16. Endorsement; licensure without examination. The
12Department may certify shall register as a certified shorthand
13reporter, without examination, on payment of the required fee,
14an applicant who is a certified shorthand reporter registered
15under the laws of another jurisdiction, if the requirements for
16certification of certified shorthand reporters in that
17jurisdiction were, at the date of his certification,
18substantially equivalent to the requirements in force in this
19State on that date.
20    Applicants have 3 years from the date of application to
21complete the application process. If the process has not been
22completed in 3 years, the application shall be denied, the fee
23forfeited and the applicant must reapply and meet the
24requirements in effect at the time of reapplication.
25(Source: P.A. 86-615; 87-481; 87-576.)
 

 

 

HB2724- 15 -LRB098 02601 RPM 32606 b

1    (225 ILCS 415/17)  (from Ch. 111, par. 6217)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 17. Fees; returned checks; expiration while in
4military.
5    (a) The fees for the administration and enforcement of this
6Act, including but not limited to, original certification,
7renewal and restoration of a license issued under this Act,
8shall be set by rule. The fees shall be nonrefundable.
9    (b) All fees, fines, and penalties Beginning July 1, 2003,
10all of the fees and fines collected under this Act shall be
11deposited into the General Professions Dedicated Fund and shall
12be appropriated to the Department for the ordinary and
13contingent expenses of the Department in the administration of
14this Act.
15    (c) Any person who delivers a check or other payment to the
16Department that is returned to the Department unpaid by the
17financial institution upon which it is drawn shall pay to the
18Department, in addition to the amount already owed to the
19Department, a fine of $50. The fines imposed by this Section
20are in addition to any other discipline provided under this Act
21prohibiting unlicensed practice or practice on a nonrenewed
22license. The Department shall notify the person that payment of
23fees and fines shall be paid to the Department by certified
24check or money order within 30 calendar days of the
25notification. If, after the expiration of 30 days from the date

 

 

HB2724- 16 -LRB098 02601 RPM 32606 b

1of the notification, the person has failed to submit the
2necessary remittance, the Department shall automatically
3terminate the license or certificate or deny the application,
4without hearing. If, after termination or denial, the person
5seeks a license or certificate, he or she shall apply to the
6Department for restoration or issuance of the license or
7certificate and pay all fees and fines due to the Department.
8The Department may establish a fee for the processing of an
9application for restoration of a license or certificate to pay
10all expenses of processing this application. The Secretary
11Director may waive the fines due under this Section in
12individual cases where the Secretary Director finds that the
13fines would be unreasonable or unnecessarily burdensome.
14    However, any person whose license has expired while he has
15been engaged (l) in federal or state service active duty, or
16(2) in training or education under the supervision of the
17United States preliminary to induction into the military
18service, may have his license renewed, reinstated or restored
19without paying any lapsed renewal and restoration fees, if
20within 2 years after termination of such service, training or
21education other than by dishonorable discharge, he furnishes
22the Department with satisfactory proof that he has been so
23engaged and that his service, training or education has been so
24terminated.
25(Source: P.A. 92-146, eff. 1-1-02; 93-32, eff. 7-1-03; 93-460,
26eff. 8-8-03.)
 

 

 

HB2724- 17 -LRB098 02601 RPM 32606 b

1    (225 ILCS 415/18)  (from Ch. 111, par. 6218)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 18. Roster. The Department shall maintain a roster of
4the names and addresses of all certificate holders and of all
5persons whose certificates have been suspended, revoked or
6placed on inactive or nonrenewed status within the previous
7year. This roster shall be available upon written request and
8payment of the required fee.
9(Source: P.A. 83-73.)
 
10    (225 ILCS 415/19)  (from Ch. 111, par. 6219)
11    (Section scheduled to be repealed on January 1, 2014)
12    Sec. 19. Advertising. Any person certified under this Act
13may advertise the availability of professional services in the
14public media or on the premises where such professional
15services are rendered as permitted by law, on the condition
16that such advertising is truthful and not misleading and is in
17conformity with rules promulgated by the Department.
18Advertisements shall not include false, fraudulent, deceptive,
19or misleading material or guarantees of success.
20(Source: P.A. 83-73.)
 
21    (225 ILCS 415/20)  (from Ch. 111, par. 6220)
22    (Section scheduled to be repealed on January 1, 2014)
23    Sec. 20. Professional service corporations. Nothing in

 

 

HB2724- 18 -LRB098 02601 RPM 32606 b

1this Act shall restrict certificate holders from forming
2professional service corporations under the provisions of the
3Professional Service Corporation Act.
4(Source: P.A. 83-73.)
 
5    (225 ILCS 415/23)  (from Ch. 111, par. 6223)
6    (Section scheduled to be repealed on January 1, 2014)
7    Sec. 23. Grounds for disciplinary action.
8    (a) The Department may refuse to issue or renew, or may
9revoke, suspend, place on probation, reprimand or take other
10disciplinary or non-disciplinary action as the Department may
11deem appropriate, including imposing fines not to exceed
12$10,000 $5,000 for each violation, with regard to any license
13for 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 promulgated
17    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) that
24    is a felony or (ii) that is a misdemeanor, an essential
25    element of which is dishonesty, or that is directly related

 

 

HB2724- 19 -LRB098 02601 RPM 32606 b

1    to the practice of the profession; of any crime under the
2    laws of the United States or any state or territory thereof
3    which is a felony or which is a misdemeanor, an essential
4    element of which is dishonesty, or of any crime which is
5    directly related to the practice of shorthand reporting;
6        (4) Fraud or Making any misrepresentation in applying
7    for or procuring a license under this Act or in connection
8    with applying for renewal of a license under this Act; for
9    the purpose of obtaining certification, or violating any
10    provision of this Act or the rules promulgated thereunder
11    pertaining to advertising;
12        (5) Professional incompetence; Having demonstrated
13    unworthiness, or incompetency to act as a certified
14    shorthand reporter in such manner as to safeguard the
15    interest of the public;
16        (6) Aiding or assisting another person, firm,
17    partnership or corporation in violating any provision of
18    this Act or rules;
19        (7) Failing, within 60 days, to provide information in
20    response to a written request made by the Department;
21        (8) Engaging in dishonorable, unethical or
22    unprofessional conduct of a character likely to deceive,
23    defraud or harm the public;
24        (9) Habitual or excessive use or abuse of drugs defined
25    in law as controlled substances, alcohol, or any other
26    substances that results in the inability to practice with

 

 

HB2724- 20 -LRB098 02601 RPM 32606 b

1    reasonable judgment, skill, or safety; intoxication or
2    addiction to the use of drugs;
3        (10) Discipline by another state, unit of government,
4    government agency, the District of Columbia, a territory,
5    or foreign nation, if at least one of the grounds for the
6    discipline is the same or substantially equivalent to those
7    set forth herein;
8        (11) Charging for professional services not rendered,
9    including filing false statements for the collection of
10    fees for which services were not rendered; Directly or
11    indirectly giving to or receiving from any person, firm,
12    corporation, partnership or association any fee,
13    commission, rebate or other form of compensation for
14    professional services not actually or personally rendered;
15        (12) A finding by the Board that the certificate
16    holder, after having his certificate placed on
17    probationary status, has violated the terms of probation;
18        (13) Willfully making or filing false records or
19    reports in the practice of shorthand reporting, including
20    but not limited to false records filed with State agencies
21    or departments;
22        (14) Physical illness, including but not limited to,
23    deterioration through the aging process, or loss of motor
24    skill which results in the inability to practice under this
25    Act the profession with reasonable judgment, skill or
26    safety;

 

 

HB2724- 21 -LRB098 02601 RPM 32606 b

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

 

 

HB2724- 22 -LRB098 02601 RPM 32606 b

1        (25) Practicing under a false or assumed name, except
2    as provided by law;
3        (26) Cheating on or attempting to subvert the licensing
4    examination administered under this Act;
5        (27) Allowing one's license under this Act to be used
6    by an unlicensed person in violation of this Act.
7    All fines imposed under this Section shall be paid within
860 days after the effective date of the order imposing the fine
9or in accordance with the terms set forth in the order imposing
10the fine.
11    (b) The determination by a circuit court that a certificate
12holder is subject to involuntary admission or judicial
13admission as provided in the Mental Health and Developmental
14Disabilities Code, operates as an automatic suspension. Such
15suspension will end only upon a finding by a court that the
16patient is no longer subject to involuntary admission or
17judicial admission, an order by the court so finding and
18discharging the patient, and the recommendation of the Board to
19the Director that the certificate holder be allowed to resume
20his practice.
21    (c) In cases where the Department of Healthcare and Family
22Services has previously determined a licensee or a potential
23licensee is more than 30 days delinquent in the payment of
24child support and has subsequently certified the delinquency to
25the Department, the Department may refuse to issue or renew or
26may revoke or suspend that person's license or may take other

 

 

HB2724- 23 -LRB098 02601 RPM 32606 b

1disciplinary action against that person based solely upon the
2certification of delinquency made by the Department of
3Healthcare and Family Services in accordance with item (5) of
4subsection (g) of Section 1205-15 of the Civil Administrative
5Code of Illinois.
6    (d) In enforcing this Section, the Department, upon a
7showing of a possible violation, may compel a licensee or
8applicant to submit to a mental or physical examination, or
9both, as required by and at the expense of the Department. The
10examining physicians shall be those specifically designated by
11the Board. The Department may order the examining physician to
12present testimony concerning the mental or physical
13examination of a licensee or applicant. No information shall be
14excluded by reason of any common law or statutory privilege
15relating to communications between a licensee or applicant and
16the examining physician. The examining physicians shall be
17specifically designated by the Department. An individual to be
18examined may have, at his or her own expense, another physician
19of his or her choice present during all aspects of the
20examination. The examination shall be performed by a physician
21licensed to practice medicine in all its branches. Failure of
22an individual to submit to a mental or physical examination
23when directed shall result in an automatic suspension without
24hearing. The license must remain suspended until the person
25submits to the examination or the Board finds, after notice and
26hearing, that the refusal to submit to the examination was with

 

 

HB2724- 24 -LRB098 02601 RPM 32606 b

1reasonable cause.
2    A person holding a license under this Act or who has
3applied for a license under this Act who, because of a physical
4or mental illness or disability, including, but not limited to,
5deterioration through the aging process or loss of motor skill,
6is unable to practice the profession with reasonable judgment,
7skill, or safety, may be required by the Department to submit
8to care, counseling, or treatment by physicians approved or
9designated by the Department as a condition, term, or
10restriction for continued, reinstated, or renewed licensure to
11practice. Submission to care, counseling, or treatment as
12required by the Department shall not be considered discipline
13of a licensee. If the licensee refuses to enter into a care,
14counseling, or treatment agreement or fails to abide by the
15terms of the agreement, the Department may file a complaint to
16revoke or suspend the license of or otherwise discipline the
17individual. The Secretary may order the license suspended
18immediately, pending a hearing by the Department. Fines shall
19not be assessed in disciplinary actions involving physical or
20mental illness or impairment.
21    In instances in which the Secretary immediately suspends a
22person's license under this Section, a hearing on that person's
23license must be convened by the Department within 15 days after
24the suspension and completed without appreciable delay. The
25Department shall have the authority to review the subject
26individual's record of treatment and counseling regarding the

 

 

HB2724- 25 -LRB098 02601 RPM 32606 b

1impairment to the extent permitted by applicable federal
2statutes and regulations safeguarding the confidentiality of
3medical records.
4    An individual licensed under this Act and affected under
5this Section shall be afforded an opportunity to demonstrate to
6the Department that he or she can resume practice in compliance
7with acceptable and prevailing standards under the provisions
8of his or her license.
9    (e) The Department shall deny a license or renewal
10authorized by this Act to a person who has defaulted on an
11educational loan or scholarship provided or guaranteed by the
12Illinois Student Assistance Commission or any governmental
13agency of this State in accordance with item (5) of subsection
14(g) of Section 2105-15 of the Civil Administrative Code of
15Illinois.
16    (f) The Department may refuse to issue or may suspend
17without hearing, as provided for in the Code of Civil
18Procedure, the license of any person who fails to file a
19return, to pay the tax, penalty, or interest shown in a filed
20return, or to pay any final assessment of tax, penalty, or
21interest as required by any tax Act administered by the
22Illinois Department of Revenue, until such time as the
23requirements of any such tax Act are satisfied in accordance
24with subsection (g) of Section 2105-15 of the Civil
25Administrative Code of Illinois.
26(Source: P.A. 91-558, eff. 8-14-99.)
 

 

 

HB2724- 26 -LRB098 02601 RPM 32606 b

1    (225 ILCS 415/23.1)  (from Ch. 111, par. 6224)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 23.1. Injunctive actions; order to cease and desist.
4    (a) If any person violates the provisions of this Act, the
5Secretary Director may, in the name of the People of the State
6of Illinois, through the Attorney General of the State of
7Illinois or the State's Attorney of the county in which the
8violation is alleged to have occurred, petition for an order
9enjoining such violation or for an order enforcing compliance
10with this Act. Upon the filing of a verified petition in such
11court, the court may issue a temporary restraining order,
12without notice or bond, and may preliminarily and permanently
13enjoin such violation. If it is established that such person
14has violated or is violating the injunction, the court may
15punish the offender for contempt of court. Proceedings under
16this Section shall be in addition to, and not in lieu of, all
17other remedies and penalties provided by this Act.
18    (b) If any person practices shall practice as a certified
19shorthand reporter or holds hold himself or herself out as a
20certified shorthand reporter without being licensed under the
21provisions of this Act then any certified shorthand reporter,
22any interested party or any person injured thereby may, in
23addition to the Secretary Director, petition for relief as
24provided in subsection (a).
25    (c) Whenever in the opinion of the Department any person

 

 

HB2724- 27 -LRB098 02601 RPM 32606 b

1violates any provision of this Act, the Department may issue a
2rule to show cause why an order to cease and desist should not
3be entered against that individual him. The rule shall clearly
4set forth the grounds relied upon by the Department and shall
5provide a period of 7 days from the date of the rule to file an
6answer to the satisfaction of the Department. Failure to answer
7to the satisfaction of the Department shall cause an order to
8cease and desist to be issued forthwith.
9(Source: P.A. 83-73.)
 
10    (225 ILCS 415/23.2)  (from Ch. 111, par. 6225)
11    (Section scheduled to be repealed on January 1, 2014)
12    Sec. 23.2. Investigations; notice and hearing. The
13Department may investigate the actions of any applicant or of
14any person or persons holding or claiming to hold a
15certificate. The Department shall, before refusing to issue or
16renew, or taking disciplinary action against, a certificate, at
17least 30 days prior to the date set for the hearing, notify in
18writing the accused the applicant for, or holder of, a
19certificate of the nature of the charges and the time and place
20for that a hearing will be held on the charges date designated.
21The Department shall direct the accused applicant or licensee
22to file a written answer to the charges with the Board under
23oath within 20 days after the service of the notice and inform
24the accused applicant or licensee that failure to file an
25answer will result in default being taken against the applicant

 

 

HB2724- 28 -LRB098 02601 RPM 32606 b

1or licensee. At the time and place fixed in the notice, the
2Department shall proceed to hear the charges and the parties or
3their counsel shall be accorded ample opportunity to present
4any pertinent statements, testimony, evidence, and arguments.
5The Department may continue the hearing from time to time. In
6case the person, after receiving the notice, fails to file an
7answer, his or her license may, in the discretion of the
8Department, be revoked, suspended, or placed on probationary
9status or the Department may take whatever disciplinary action
10considered proper, including limiting the scope, nature, or
11extent of the person's practice or the imposition of a fine,
12without a hearing, if the act or acts charged constitute
13sufficient grounds for that action under this Act. The written
14notice and any notice in the subsequent proceeding may be
15served by registered or certified mail to the licensee's
16address of record. and that the license or certificate may be
17suspended, revoked, placed on probationary status, or other
18disciplinary action may be taken, including limiting the scope,
19nature or extent of practice, as the Director may deem proper.
20Written notice may be served by personal delivery or certified
21or registered mail to the respondent at the address of his last
22notification to the Department. In case the person fails to
23file an answer after receiving notice, his or her license or
24certificate may, in the discretion of the Department, be
25suspended, revoked, or placed on probationary status, or the
26Department may take whatever disciplinary action deemed

 

 

HB2724- 29 -LRB098 02601 RPM 32606 b

1proper, including limiting the scope, nature, or extent of the
2person's practice or the imposition of a fine, without a
3hearing, if the act or acts charged constitute sufficient
4grounds for such action under this Act. At the time and place
5fixed in the notice, the Board shall proceed to hear the
6charges and the parties or their counsel shall be accorded
7ample opportunity to present any statements, testimony,
8evidence and argument as may be pertinent to the charges or to
9their defense. The Board may continue a hearing from time to
10time.
11(Source: P.A. 87-1031.)
 
12    (225 ILCS 415/23.2a new)
13    Sec. 23.2a. Confidentiality. All information collected by
14the Department in the course of an examination or investigation
15of a licensee or applicant, including, but not limited to, any
16complaint against a licensee filed with the Department and
17information collected to investigate any such complaint, shall
18be maintained for the confidential use of the Department and
19shall not be disclosed. The Department may not disclose the
20information to anyone other than law enforcement officials,
21other regulatory agencies that have an appropriate regulatory
22interest as determined by the Secretary, or to a party
23presenting a lawful subpoena to the Department. Information and
24documents disclosed to a federal, State, county, or local law
25enforcement agency shall not be disclosed by the agency for any

 

 

HB2724- 30 -LRB098 02601 RPM 32606 b

1purpose to any other agency or person. A formal complaint filed
2against a licensee by the Department or any order issued by the
3Department against a licensee or applicant shall be a public
4record, except as otherwise prohibited by law.
 
5    (225 ILCS 415/23.3)  (from Ch. 111, par. 6226)
6    (Section scheduled to be repealed on January 1, 2014)
7    Sec. 23.3. Records of proceedings. The Department, at its
8expense, shall preserve a record of all proceedings at the
9formal hearing of any case involving the refusal to issue or
10renew, or the taking of disciplinary action against, a
11certificate. The notice of hearing, complaint and all other
12documents in the nature of pleadings and written motions filed
13in the proceedings, the transcript of testimony, the report of
14the Board and orders of the Department, shall be the record of
15such proceeding. Any registrant who is found to have violated
16this Act or who fails to appear for a hearing to refuse to
17issue, restore, or renew a license or to discipline a licensee
18may be required by the Department to pay for the costs of the
19proceeding. These costs are limited to costs for court
20reporters, transcripts, and witness attendance and mileage
21fees. All costs imposed under this Section shall be paid within
2260 days after the effective date of the order imposing the
23fine.
24(Source: P.A. 83-73.)
 

 

 

HB2724- 31 -LRB098 02601 RPM 32606 b

1    (225 ILCS 415/23.4)  (from Ch. 111, par. 6227)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 23.4. Subpoenas; oaths. The Department may shall have
4the power to subpoena and bring before it any person in this
5State and to take the oral or written testimony or compel the
6production of any books, papers, records, or any other
7documents that the Secretary or his or her designee deems
8relevant or material to an investigation or hearing conducted
9by the Department either orally or by deposition, or both, with
10the same fees and mileage and in the same manner as prescribed
11by law in judicial procedure in civil cases in courts of this
12State.
13    The Secretary Director, the designated hearing officer,
14any and every member of the Board, or a certified shorthand
15court reporter may shall have power to administer oaths to
16witnesses at any hearing which the Department conducts.
17Notwithstanding any other statute or Department rule to the
18contrary, all requests for testimony and production of
19documents or records shall be in accordance with this Act. is
20authorized by law to conduct, and any other oaths required or
21authorized in any Act administered by the Department.
22(Source: P.A. 83-73.)
 
23    (225 ILCS 415/23.5)  (from Ch. 111, par. 6228)
24    (Section scheduled to be repealed on January 1, 2014)
25    Sec. 23.5. Compelling testimony; contempt. Any circuit

 

 

HB2724- 32 -LRB098 02601 RPM 32606 b

1court may, upon application of the Department or its designee,
2or the applicant or certificate holder, may order against whom
3proceedings under Section 23 are pending, enter an order
4requiring the attendance and testimony of witnesses and their
5testimony, and the production of relevant documents, papers,
6files, books and records in connection with any hearing or
7investigation. The court may compel obedience to its order by
8proceedings for contempt.
9(Source: P.A. 83-73.)
 
10    (225 ILCS 415/23.6)  (from Ch. 111, par. 6229)
11    (Section scheduled to be repealed on January 1, 2014)
12    Sec. 23.6. Board report. At the conclusion of the hearing
13the Board shall present to the Secretary Director a written
14report of its findings of fact, conclusions of law and
15recommendations. The report shall contain a finding whether or
16not the accused person violated this Act or failed to comply
17with the conditions required in this Act. The Board shall
18specify the nature of the violation or failure to comply, and
19shall make its recommendations to the Secretary Director. The
20report of findings of fact, conclusions of law and
21recommendations of the Board shall be the basis for the
22Department's action regarding a certificate. If the Secretary
23Director disagrees in any regard with the report of the Board
24he may issue an order in contravention thereof. The Director
25shall provide to the Board a written explanation for any

 

 

HB2724- 33 -LRB098 02601 RPM 32606 b

1deviation and shall specify with particularity the reasons for
2such action in the final order. The finding is not admissible
3in evidence against the person in a criminal prosecution
4brought for the violation of this Act, but the hearing and
5findings are not a bar to a criminal prosecution brought for
6the violation of this Act.
7(Source: P.A. 83-73.)
 
8    (225 ILCS 415/23.7)  (from Ch. 111, par. 6230)
9    (Section scheduled to be repealed on January 1, 2014)
10    Sec. 23.7. Motion for rehearing. In any case involving the
11refusal to issue or renew, or the taking of disciplinary action
12against, a certificate, a copy of the Board's report shall be
13served upon the respondent by the Department as provided in
14this Act for the service of the notice of hearing. Within 20
15days after such service, the respondent may present to the
16Department a motion in writing for a rehearing, which motion
17shall specify the particular grounds therefor. If no motion for
18rehearing is filed, then upon the expiration of the time
19specified for filing such a motion, or if a motion for
20rehearing is denied, then upon such denial the Secretary
21Director may enter an order in accordance with recommendations
22of the Board except as provided in Section 23.6. If the
23respondent shall order from the reporting service, and pay for
24a transcript of the record within the time for filing a motion
25for rehearing, the 20 day period within which such a motion may

 

 

HB2724- 34 -LRB098 02601 RPM 32606 b

1be filed shall commence upon the delivery of the transcript to
2the respondent.
3(Source: P.A. 83-73.)
 
4    (225 ILCS 415/23.8)  (from Ch. 111, par. 6231)
5    (Section scheduled to be repealed on January 1, 2014)
6    Sec. 23.8. Rehearing ordered by Secretary. Whenever the
7Secretary Director is satisfied that substantial justice has
8not been done in the revocation, or suspension of, or the
9refusal to issue or renew, a certificate, the Secretary
10Director may order a rehearing by the Board or a designated
11hearing officer.
12(Source: P.A. 83-73.)
 
13    (225 ILCS 415/23.9)  (from Ch. 111, par. 6232)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 23.9. Hearing officers, reports, and review. The
16Secretary Notwithstanding the provisions of Section 23.2, the
17Director shall have the authority to appoint any attorney duly
18licensed to practice law in the State of Illinois to serve as
19the hearing officer in any action involving a refusal to issue
20or renew, or the taking of disciplinary action against a
21certificate. The Director shall notify the Board of such
22appointment. The hearing officer shall have full authority to
23conduct the hearing. The hearing officer shall report his or
24her findings of fact, conclusions of law and recommendations to

 

 

HB2724- 35 -LRB098 02601 RPM 32606 b

1the Board and the Secretary Director. The Board shall have 60
2days from receipt of the report to review the report of the
3hearing officer and present their findings of fact, conclusions
4of law and recommendations to the Secretary Director. If the
5Board fails to present its report within the 60 day period, the
6Secretary may Director shall issue an order based on the report
7of the hearing officer. If the Secretary Director disagrees in
8any regard with the report of the Board or hearing officer, he
9may issue an order in contravention thereof. The Director shall
10provide to the Board a written explanation for any deviation,
11and shall specify with particularity the reasons for such
12action in the final order.
13(Source: P.A. 83-73.)
 
14    (225 ILCS 415/23.10)  (from Ch. 111, par. 6233)
15    (Section scheduled to be repealed on January 1, 2014)
16    Sec. 23.10. Order or certified copy; prima facie proof. An
17order or a certified copy thereof, over the seal of the
18Department and purporting to be signed by the Secretary
19Director, shall be prima facie proof that:
20        (1) the signature is the genuine signature of the
21    Secretary; and Director;
22        (2) the Secretary Director is duly appointed and
23    qualified. ; and
24        (3) the Board and the members thereof are qualified to
25    act.

 

 

HB2724- 36 -LRB098 02601 RPM 32606 b

1(Source: P.A. 91-357, eff. 7-29-99.)
 
2    (225 ILCS 415/23.11)  (from Ch. 111, par. 6234)
3    (Section scheduled to be repealed on January 1, 2014)
4    Sec. 23.11. Restoration of license from discipline. At any
5time after successful completion of a term of indefinite
6probation, suspension, or revocation of a license, the
7Department may restore the license to the licensee, unless,
8after an investigation and hearing, the Secretary determines
9that restoration is not in the public interest or that the
10licensee has not been sufficiently rehabilitated to warrant the
11public trust. No person or entity whose license, certificate,
12or authority has been revoked as authorized in this Act may
13apply for restoration of that license, certification, or
14authority until such time as provided for in the Civil
15Administrative Code of Illinois. the suspension or revocation
16of any certificate, the Department may restore it to the
17accused person, upon the written recommendation of the Board,
18unless after an investigation and a hearing, the Department
19determines that restoration is not in the public interest.
20(Source: P.A. 83-73.)
 
21    (225 ILCS 415/23.12)  (from Ch. 111, par. 6235)
22    (Section scheduled to be repealed on January 1, 2014)
23    Sec. 23.12. Surrender of license or certificate. Upon the
24revocation or suspension of any certificate, the certificate

 

 

HB2724- 37 -LRB098 02601 RPM 32606 b

1holder shall forthwith surrender the certificate or
2certificates to the Department. If the certificate holder fails
3to do so, the Department shall have the right to seize the
4certificate.
5(Source: P.A. 83-73.)
 
6    (225 ILCS 415/23.13)  (from Ch. 111, par. 6236)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 23.13. Summary suspension. The Secretary Director may
9summarily temporarily suspend the certificate of a certified
10shorthand reporter without a hearing, simultaneously with the
11institution of proceedings for a hearing provided for in
12Section 23.2 of this Act, if the Secretary Director finds that
13the evidence in his possession indicates that a certified
14shorthand reporter's continuation in practice would constitute
15an imminent danger to the public. In the event that the
16Secretary summarily Director temporarily suspends the
17certificate of a certified shorthand reporter without a
18hearing, a hearing shall be commenced by the Board must be held
19within 30 days after such suspension has occurred and shall be
20concluded as expeditiously as possible.
21(Source: P.A. 83-73.)
 
22    (225 ILCS 415/23.14)  (from Ch. 111, par. 6237)
23    (Section scheduled to be repealed on January 1, 2014)
24    Sec. 23.14. Administrative Review Law. All final

 

 

HB2724- 38 -LRB098 02601 RPM 32606 b

1administrative decisions of the Department are subject to
2judicial review pursuant to the provisions of the
3Administrative Review Law and all rules adopted pursuant
4thereto. The term "administrative decision" is defined in
5Section 3-101 of the Code of Civil Procedure.
6    Proceedings for judicial review shall be commenced in the
7circuit court of the county in which the party applying for
8review resides, except that if the party is not a resident of
9this State, the venue shall be Sangamon County.
10(Source: P.A. 83-73.)
 
11    (225 ILCS 415/23.15)  (from Ch. 111, par. 6238)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 23.15. Certification of record; receipt. The
14Department shall not be required to certify any record to the
15court or file any answer in court or otherwise appear in any
16court in a judicial review proceeding, unless and until the
17Department has received from the plaintiff there is filed in
18the court, with the complaint, a receipt from the Department
19acknowledging payment of the costs of furnishing and certifying
20the record, which costs shall be determined by the Department.
21Exhibits shall be certified without cost. Failure on the part
22of the plaintiff to file a receipt in court shall be grounds
23for dismissal of the action.
24(Source: P.A. 87-1031.)
 

 

 

HB2724- 39 -LRB098 02601 RPM 32606 b

1    (225 ILCS 415/23.16)  (from Ch. 111, par. 6239)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 23.16. Penalties. Any person who is found to have
4violated any provision of this Act is guilty of a Class A
5misdemeanor for the first offense. On conviction of a second or
6subsequent offense the violator shall be guilty of a Class 4
7felony. All criminal fines, moneys, or other property collected
8or received by the Department under this Section, or any other
9State or federal statute, shall be deposited into the General
10Professions Dedicated Fund.
11(Source: P.A. 83-73.)
 
12    (225 ILCS 415/25)  (from Ch. 111, par. 6241)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 25. Home rule. The regulation and licensing of a
15shorthand reporter are exclusive powers and functions of the
16State. A home rule unit may not regulate or license a shorthand
17reporter or the practice of shorthand reporting. This Section
18is a denial and limitation of home rule powers and functions
19under subsection (h) of Section 6 of Article VII of the
20Illinois Constitution. It is declared to be the public policy
21of this State, pursuant to paragraphs (h) and (i) of Section 6
22of Article VII of the Illinois Constitution of 1970, that any
23power or function set forth in this Act to be exercised by the
24State is an exclusive State power or function. Such power or
25function shall not be exercised concurrently, either directly

 

 

HB2724- 40 -LRB098 02601 RPM 32606 b

1or indirectly, by any unit of local government, including home
2rule units, except as otherwise provided in this Act.
3(Source: P.A. 83-73.)
 
4    (225 ILCS 415/26.1)
5    (Section scheduled to be repealed on January 1, 2014)
6    Sec. 26.1. Responsibility for notes. It is the licensee's
7responsibility to preserve his or her shorthand notes for a
8period of no less than 10 years from the date that the notes or
9transcripts were taken 5 years from the end of litigation,
10except as otherwise prescribed by law, through storage of the
11original paper notes or an electronic copy of either the
12shorthand notes or the English transcript of the notes on
13computer disks, cassettes, backup tape systems, or optical or
14laser disk systems.
15(Source: P.A. 91-558, eff. 8-14-99.)
 
16    (225 ILCS 415/12 rep.)
17    Section 15. The Illinois Certified Shorthand Reporters Act
18of 1984 is amended by repealing Section 12.
 
19    Section 99. Effective date. This Act takes effect December
2031, 2013.

 

 

HB2724- 41 -LRB098 02601 RPM 32606 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.24
4    5 ILCS 80/4.34 new
5    225 ILCS 415/3from Ch. 111, par. 6203
6    225 ILCS 415/3.5
7    225 ILCS 415/4from Ch. 111, par. 6204
8    225 ILCS 415/6from Ch. 111, par. 6206
9    225 ILCS 415/7from Ch. 111, par. 6207
10    225 ILCS 415/8from Ch. 111, par. 6208
11    225 ILCS 415/9from Ch. 111, par. 6209
12    225 ILCS 415/10from Ch. 111, par. 6210
13    225 ILCS 415/11from Ch. 111, par. 6211
14    225 ILCS 415/12.1 new
15    225 ILCS 415/14from Ch. 111, par. 6214
16    225 ILCS 415/15from Ch. 111, par. 6215
17    225 ILCS 415/16from Ch. 111, par. 6216
18    225 ILCS 415/17from Ch. 111, par. 6217
19    225 ILCS 415/18from Ch. 111, par. 6218
20    225 ILCS 415/19from Ch. 111, par. 6219
21    225 ILCS 415/20from Ch. 111, par. 6220
22    225 ILCS 415/23from Ch. 111, par. 6223
23    225 ILCS 415/23.1from Ch. 111, par. 6224
24    225 ILCS 415/23.2from Ch. 111, par. 6225
25    225 ILCS 415/23.2a new

 

 

HB2724- 42 -LRB098 02601 RPM 32606 b

1    225 ILCS 415/23.3from Ch. 111, par. 6226
2    225 ILCS 415/23.4from Ch. 111, par. 6227
3    225 ILCS 415/23.5from Ch. 111, par. 6228
4    225 ILCS 415/23.6from Ch. 111, par. 6229
5    225 ILCS 415/23.7from Ch. 111, par. 6230
6    225 ILCS 415/23.8from Ch. 111, par. 6231
7    225 ILCS 415/23.9from Ch. 111, par. 6232
8    225 ILCS 415/23.10from Ch. 111, par. 6233
9    225 ILCS 415/23.11from Ch. 111, par. 6234
10    225 ILCS 415/23.12from Ch. 111, par. 6235
11    225 ILCS 415/23.13from Ch. 111, par. 6236
12    225 ILCS 415/23.14from Ch. 111, par. 6237
13    225 ILCS 415/23.15from Ch. 111, par. 6238
14    225 ILCS 415/23.16from Ch. 111, par. 6239
15    225 ILCS 415/25from Ch. 111, par. 6241
16    225 ILCS 415/26.1
17    225 ILCS 415/12 rep.