Illinois General Assembly - Full Text of SB2965
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Full Text of SB2965  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/14/2018, by Sen. Wm. Sam McCann


See Index

    Amends the Illinois Certified Shorthand Reporters Act of 1984. Changes the title of the Act to the Illinois Certified Shorthand Reporters and Certified Verbatim Reporters Act and makes conforming changes in other Acts. Provides for certification of certified verbatim reporters and adds certified verbatim reporters to provisions concerning findings, definitions, use of titles, the Certified Shorthand Reporters Board (now the Certified Shorthand and Verbatim Reporters Board), examinations, qualifications, expiration and renewal of certifications, military service, inactive status, licensure without examination, disciplinary actions, injunctive actions, suspension of a certificate, and continuing education. Makes other changes. Effective immediately.

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SB2965LRB100 19095 XWW 34352 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.34 as follows:
6    (5 ILCS 80/4.34)
7    Sec. 4.34. Acts and Section repealed on January 1, 2024.
8The following Acts and Section of an Act are repealed on
9January 1, 2024:
10        The Electrologist Licensing Act.
11        The Illinois Certified Shorthand Reporters and
12    Certified Verbatim 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 Certified Verbatim Reporters
10Act of 1984 have the power to administer oaths and affirmations
11to witnesses and others, concerning anything commenced or to be
12commenced, or pending before them respectively.
13(Source: P.A. 90-294, eff. 8-1-97.)
14    (5 ILCS 255/2)  (from Ch. 101, par. 2)
15    Sec. 2. Affidavits and depositions. All courts, and judges,
16and the clerks thereof, the county clerk, deputy county clerk,
17the Secretary of State, notaries public, and persons certified
18under the Illinois Certified Shorthand Reporters and Certified
19Verbatim Reporters Act of 1984 may administer all oaths of
20office and all other oaths authorized or required of any
21officer or other person, and take affidavits and depositions
22concerning any matter or thing, process or proceeding commenced
23or to be commenced, or pending in any court or before them, or



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1on any occasion wherein any affidavit or deposition is
2authorized or required by law to be taken.
3    The same functions may be performed by any commissioned
4officer in active service of the armed forces of the United
5States, within or without the United States. Oaths, affidavits
6or depositions taken by or affirmations made before such
7officers need not be authenticated nor attested by any seal nor
8shall any instruments executed or proceedings had before such
9officers be invalid because the place of the proceedings or of
10the execution is not stated.
11(Source: P.A. 97-36, eff. 1-1-12.)
12    Section 15. The Illinois Certified Shorthand Reporters Act
13of 1984 is amended by changing Sections 1, 2, 4, 5, 6, 8, 9, 10,
1411, 13, 14, 15, 16, 21, 23, 23.1, 23.4, 23.13, and 27 as
16    (225 ILCS 415/1)  (from Ch. 111, par. 6201)
17    (Section scheduled to be repealed on January 1, 2024)
18    Sec. 1. The practice of shorthand reporting and certified
19verbatim reporting in the State of Illinois is hereby declared
20to affect the public health, safety and welfare and to be
21subject to regulation and control in the public interest. This
22Act is designed to encourage proficiency in the practice of
23shorthand reporting and certified verbatim reporting as
24professions a profession; to promote efficiency in court and



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1general reporting; and to extend to the public the protection
2afforded by a standardized profession by establishing a
3standard of competency for certified shorthand reporters and
4certified verbatim reporters. It is further declared that, in
5order for the practice of shorthand reporting as defined in
6this Act to merit and receive the confidence of the public,
7only qualified persons shall be authorized to practice
8shorthand reporting and certified verbatim reporting in the
9State of Illinois. This Act shall be liberally construed to
10best carry out these subjects and purposes.
11(Source: P.A. 83-73.)
12    (225 ILCS 415/2)  (from Ch. 111, par. 6202)
13    (Section scheduled to be repealed on January 1, 2024)
14    Sec. 2. This Act may be cited as the Illinois Certified
15Shorthand Reporters and Certified Verbatim Reporters Act of
17(Source: P.A. 87-481.)
18    (225 ILCS 415/4)  (from Ch. 111, par. 6204)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 4. In this Act:
21    (1) "Department" means the Department of Financial and
22Professional Regulation.
23    (2) "Secretary" means the Secretary of Financial and
24Professional Regulation.



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1    (3) "Board" means the Certified Shorthand Reporters and
2Certified Verbatim Reporters Board appointed by the Secretary.
3    (4) "The practice of shorthand reporting" means reporting,
4by the use of any system of manual or mechanical shorthand,
5voice writing, or shorthand writing, of Grand Jury proceedings,
6court proceedings, court related proceedings, pretrial
7examinations, depositions, motions and related proceedings of
8like character, or proceedings of an administrative agency when
9the final decision of the agency with reference thereto is
10likely to be subject to judicial review under the provisions of
11the Administrative Review Law.
12    (5) "Shorthand reporter" means a person who is technically
13qualified and certified under this Act to practice shorthand
15    (6) "Stenographic notes" means the original notes by manual
16or mechanical shorthand, voice writing, or shorthand writing
17taken by a shorthand reporter of a proceeding while in
18attendance at such proceeding for the purpose of reporting the
20    (7) "Address of record" means the designated address
21recorded by the Department in the applicant's or licensee's
22application file or license file as maintained by the
23Department's licensure maintenance unit. It is the duty of the
24applicant or licensee to inform the Department of any change of
25address and those changes must be made either through the
26Department's Internet website or by contacting the Department.



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1    (8) "Verbatim reporter" means a person who is technically
2qualified and certified under this Act to practice verbatim
4(Source: P.A. 98-445, eff. 12-31-13.)
5    (225 ILCS 415/5)  (from Ch. 111, par. 6205)
6    (Section scheduled to be repealed on January 1, 2024)
7    Sec. 5. Title. Every person to whom a valid existing
8certificate as a certified shorthand reporter or certified
9verbatim reporter has been issued under this Act shall be
10designated as a Certified Shorthand Reporter or Certified
11Verbatim Reporter and not otherwise, and any such certified
12shorthand reporter or certified verbatim reporter may, in
13connection with his or her practice of shorthand reporting or
14certified verbatim reporting, use the abbreviation "C.S.R." or
15"C.V.R" or the title "Court Reporter". No person other than the
16holder of a valid existing certificate under this Act shall use
17the title or designation of "Certified Shorthand Reporter",
18"Certified Verbatim Reporter", "Court Reporter", or "C.S.R.",
19or "C.V.R" either directly or indirectly in connection with his
20or her profession or business.
21(Source: P.A. 90-49, eff. 7-3-97.)
22    (225 ILCS 415/6)  (from Ch. 111, par. 6206)
23    (Section scheduled to be repealed on January 1, 2024)
24    Sec. 6. Restricted certificate. Upon receipt of a written



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1request from the Chief Judge of the reporter's circuit, the
2Department shall, upon payment of the required fee, issue to
3any reporter who has been appointed in counties of less than
41,000,000 in population, has been examined under the Court
5Reporters Act, and has achieved an "A" proficiency rating, a
6restricted certificate by which such official court reporter
7may then lawfully engage in reporting only court proceedings to
8which he or she may be assigned by the Chief Judge of his or her
10(Source: P.A. 98-445, eff. 12-31-13.)
11    (225 ILCS 415/8)  (from Ch. 111, par. 6208)
12    (Section scheduled to be repealed on January 1, 2024)
13    Sec. 8. Certified Shorthand Reporters and Certified
14Verbatim Reporters Board. The Secretary shall appoint a
15Certified Shorthand Reporters and Certified Verbatim Reporters
16Board as follows: 7 persons who shall be appointed by and shall
17serve in an advisory capacity to the Secretary. Six members
18must be certified shorthand reporters or certified verbatim
19reporters, in good standing, and actively engaged in the
20practice of shorthand reporting in this State for ten years,
21and one member must be a member of the public who is not
22certified under this Act, or a similar Act of another
24    Members shall serve 4 year terms and until their successors
25are appointed and qualified. No member shall be reappointed to



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



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



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



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



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



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



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



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1    (225 ILCS 415/21)  (from Ch. 111, par. 6221)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 21. Any person who is the holder of an individual
4certificate as a certified shorthand reporter or certified
5verbatim reporter heretofore issued under any prior Act,
6registering certified shorthand reporters or certified
7verbatim reporters in this State and valid on the effective
8date of this Act, shall be deemed to be certified under this
9Act and shall be subject to the same rights and obligations as
10persons originally certified under this Act.
11(Source: P.A. 83-73.)
12    (225 ILCS 415/23)  (from Ch. 111, par. 6223)
13    (Section scheduled to be repealed on January 1, 2024)
14    Sec. 23. Grounds for disciplinary action.
15    (a) The Department may refuse to issue or renew, or may
16revoke, suspend, place on probation, reprimand or take other
17disciplinary or non-disciplinary action as the Department may
18deem appropriate, including imposing fines not to exceed
19$10,000 for each violation and the assessment of costs as
20provided for in Section 23.3 of this Act, with regard to any
21license for any one or combination of the following:
22        (1) Material misstatement in furnishing information to
23    the Department;
24        (2) Violations of this Act, or of the rules promulgated



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1    thereunder;
2        (3) Conviction by plea of guilty or nolo contendere,
3    finding of guilt, jury verdict, or entry of judgment or by
4    sentencing of any crime, including, but not limited to,
5    convictions, preceding sentences of supervision,
6    conditional discharge, or first offender probation under
7    the laws of any jurisdiction of the United States: (i) that
8    is a felony or (ii) that is a misdemeanor, an essential
9    element of which is dishonesty, or that is directly related
10    to the practice of the profession;
11        (4) Fraud or any misrepresentation in applying for or
12    procuring a license under this Act or in connection with
13    applying for renewal of a license under this Act;
14        (5) Professional incompetence;
15        (6) Aiding or assisting another person, firm,
16    partnership or corporation in violating any provision of
17    this Act or rules;
18        (7) Failing, within 60 days, to provide information in
19    response to a written request made by the Department;
20        (8) Engaging in dishonorable, unethical or
21    unprofessional conduct of a character likely to deceive,
22    defraud or harm the public;
23        (9) Habitual or excessive use or abuse of drugs defined
24    in law as controlled substances, alcohol, or any other
25    substances that results in the inability to practice with
26    reasonable judgment, skill, or safety;



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1        (10) Discipline by another state, unit of government,
2    government agency, the District of Columbia, a territory,
3    or foreign nation, if at least one of the grounds for the
4    discipline is the same or substantially equivalent to those
5    set forth herein;
6        (11) Charging for professional services not rendered,
7    including filing false statements for the collection of
8    fees for which services were not rendered, or giving,
9    directly or indirectly, any gift or anything of value to
10    attorneys or their staff or any other persons or entities
11    associated with any litigation, that exceeds $100 total per
12    year; for the purposes of this Section, pro bono services,
13    as defined by State law, are permissible in any amount;
14        (12) A finding by the Board that the certificate
15    holder, after having his or her certificate placed on
16    probationary status, has violated the terms of probation;
17        (13) Willfully making or filing false records or
18    reports in the practice of shorthand reporting, including
19    but not limited to false records filed with State agencies
20    or departments;
21        (14) Physical illness, including but not limited to,
22    deterioration through the aging process, or loss of motor
23    skill which results in the inability to practice under this
24    Act with reasonable judgment, skill or safety;
25        (15) Solicitation of professional services other than
26    by permitted advertising;



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



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1    examination administered under this Act;
2        (27) Allowing one's license under this Act to be used
3    by an unlicensed person in violation of this Act.
4    All fines imposed under this Section shall be paid within
560 days after the effective date of the order imposing the fine
6or in accordance with the terms set forth in the order imposing
7the fine.
8    (b) The determination by a circuit court that a certificate
9holder is subject to involuntary admission or judicial
10admission as provided in the Mental Health and Developmental
11Disabilities Code, operates as an automatic suspension. Such
12suspension will end only upon a finding by a court that the
13patient is no longer subject to involuntary admission or
14judicial admission, an order by the court so finding and
15discharging the patient. In any case where a license is
16suspended under this Section, the licensee may file a petition
17for restoration and shall include evidence acceptable to the
18Department that the licensee can resume practice in compliance
19with acceptable and prevailing standards of the profession.
20    (c) In cases where the Department of Healthcare and Family
21Services has previously determined a licensee or a potential
22licensee is more than 30 days delinquent in the payment of
23child support and has subsequently certified the delinquency to
24the Department, the Department may refuse to issue or renew or
25may revoke or suspend that person's license or may take other
26disciplinary action against that person based solely upon the



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1certification of delinquency made by the Department of
2Healthcare and Family Services in accordance with item (5) of
3subsection (a) of Section 2105-15 of the Civil Administrative
4Code of Illinois.
5    (d) In enforcing this Section, the Department, upon a
6showing of a possible violation, may compel any individual who
7is certified under this Act or any individual who has applied
8for certification under this Act to submit to a mental or
9physical examination and evaluation, or both, which may include
10a substance abuse or sexual offender evaluation, at the expense
11of the Department. The Department shall specifically designate
12the examining physician licensed to practice medicine in all of
13its branches or, if applicable, the multidisciplinary team
14involved in providing the mental or physical examination and
15evaluation, or both. The multidisciplinary team shall be led by
16a physician licensed to practice medicine in all of its
17branches and may consist of one or more or a combination of
18physicians licensed to practice medicine in all of its
19branches, licensed chiropractic physicians, licensed clinical
20psychologists, licensed clinical social workers, licensed
21clinical professional counselors, and other professional and
22administrative staff. Any examining physician or member of the
23multidisciplinary team may require any person ordered to submit
24to an examination and evaluation pursuant to this Section to
25submit to any additional supplemental testing deemed necessary
26to complete any examination or evaluation process, including,



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1but not limited to, blood testing, urinalysis, psychological
2testing, or neuropsychological testing.
3    The Department may order the examining physician or any
4member of the multidisciplinary team to provide to the
5Department any and all records, including business records,
6that relate to the examination and evaluation, including any
7supplemental testing performed. The Department may order the
8examining physician or any member of the multidisciplinary team
9to present testimony concerning this examination and
10evaluation of the certified shorthand reporter, certified
11verbatim reporter, or applicant, including testimony
12concerning any supplemental testing or documents relating to
13the examination and evaluation. No information, report,
14record, or other documents in any way related to the
15examination and evaluation shall be excluded by reason of any
16common law or statutory privilege relating to communication
17between the licensee or applicant and the examining physician
18or any member of the multidisciplinary team. No authorization
19is necessary from the certified shorthand reporter, certified
20verbatim reporter, or applicant ordered to undergo an
21evaluation and examination for the examining physician or any
22member of the multidisciplinary team to provide information,
23reports, records, or other documents or to provide any
24testimony regarding the examination and evaluation. The
25individual to be examined may have, at his or her own expense,
26another physician of his or her choice present during all



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1aspects of the examination.
2    Failure of any individual to submit to mental or physical
3examination and evaluation, or both, when directed, shall
4result in an automatic suspension, without hearing, until such
5time as the individual submits to the examination. If the
6Department finds a certified shorthand reporter or certified
7verbatim reporter unable to practice because of the reasons set
8forth in this Section, the Department shall require the
9certified shorthand reporter or certified verbatim reporter to
10submit to care, counseling, or treatment by physicians approved
11or designated by the Department, as a condition for continued,
12reinstated, or renewed certification.
13    When the Secretary immediately suspends a certificate
14under this Section, a hearing upon the person's certificate
15must be convened by the Department within 15 days after the
16suspension and completed without appreciable delay. The
17Department shall have the authority to review the certified
18shorthand reporter's record of treatment and counseling
19regarding the impairment, to the extent permitted by applicable
20federal statutes and regulations safeguarding the
21confidentiality of medical records.
22    Individuals certified under this Act, affected under this
23Section, shall be afforded an opportunity to demonstrate to the
24Department that they can resume practice in compliance with
25acceptable and prevailing standards under the provisions of
26their certification.



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1    (e) The Department shall deny a license or renewal
2authorized by this Act to a person who has defaulted on an
3educational loan or scholarship provided or guaranteed by the
4Illinois Student Assistance Commission or any governmental
5agency of this State in accordance with item (5) of subsection
6(a) of Section 2105-15 of the Civil Administrative Code of
8    (f) The Department may refuse to issue or may suspend
9without hearing, as provided for in the Code of Civil
10Procedure, the license of any person who fails to file a
11return, to pay the tax, penalty, or interest shown in a filed
12return, or to pay any final assessment of tax, penalty, or
13interest as required by any tax Act administered by the
14Illinois Department of Revenue, until such time as the
15requirements of any such tax Act are satisfied in accordance
16with subsection (g) of Section 2105-15 of the Civil
17Administrative Code of Illinois.
18(Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)
19    (225 ILCS 415/23.1)  (from Ch. 111, par. 6224)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 23.1. Injunctive actions; order to cease and desist.
22    (a) If any person violates the provisions of this Act, the
23Secretary may, in the name of the People of the State of
24Illinois, through the Attorney General of the State of Illinois
25or the State's Attorney of the county in which the violation is



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1alleged to have occurred, petition for an order enjoining such
2violation or for an order enforcing compliance with this Act.
3Upon the filing of a verified petition in such court, the court
4may issue a temporary restraining order, without notice or
5bond, and may preliminarily and permanently enjoin such
6violation. If it is established that such person has violated
7or is violating the injunction, the court may punish the
8offender for contempt of court. Proceedings under this Section
9shall be in addition to, and not in lieu of, all other remedies
10and penalties provided by this Act.
11    (b) If any person practices as a certified shorthand
12reporter or certified verbatim reporter or holds himself or
13herself out as a certified shorthand reporter or certified
14verbatim reporter without being licensed under the provisions
15of this Act then any certified shorthand reporter or certified
16verbatim reporter, any interested party or any person injured
17thereby may, in addition to the Secretary, petition for relief
18as provided in subsection (a).
19    (c) Whenever in the opinion of the Department any person
20violates any provision of this Act, the Department may issue a
21rule to show cause why an order to cease and desist should not
22be entered against that individual. The rule shall clearly set
23forth the grounds relied upon by the Department and shall
24provide a period of 7 days from the date of the rule to file an
25answer to the satisfaction of the Department. Failure to answer
26to the satisfaction of the Department shall cause an order to



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



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1reporter without a hearing, simultaneously with the
2institution of proceedings for a hearing provided for in
3Section 23.2 of this Act, if the Secretary finds that the
4evidence indicates that a certified shorthand reporter's or
5certified verbatim reporter's continuation in practice would
6constitute an imminent danger to the public. In the event that
7the Secretary summarily suspends the certificate of a certified
8shorthand reporter or certified verbatim reporter without a
9hearing, a hearing shall be commenced within 30 days after such
10suspension has occurred and shall be concluded as expeditiously
11as possible.
12(Source: P.A. 98-445, eff. 12-31-13.)
13    (225 ILCS 415/27)  (from Ch. 111, par. 6243)
14    (Section scheduled to be repealed on January 1, 2024)
15    Sec. 27. As a condition for renewal of a license, licensees
16shall be required to complete continuing education in
17accordance with rules established by the Department.
18    Persons employed as full-time full time court reporters
19under the Court Reporters Act may apply for a waiver from the
20continuing education requirements. The waiver shall be granted
21upon the submission of evidence satisfactory to the Department
22that the certified shorthand reporter or certified verbatim
23reporter is employed as a full-time full time court reporter
24under the Court Reporters Act.
25(Source: P.A. 98-445, eff. 12-31-13.)



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



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



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



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



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1        (10) the Illinois Landscape Architecture Act of 1989;
2        (11) the Marriage and Family Therapy Licensing Act;
3        (12) the Private Employment Agency Act;
4        (13) the Professional Counselor and Clinical
5    Professional Counselor Licensing and Practice Act;
6        (14) the Real Estate License Act of 2000;
7        (15) the Illinois Roofing Industry Licensing Act;
8        (16) the Professional Engineering Practice Act of
9    1989;
10        (17) the Water Well and Pump Installation Contractor's
11    License Act;
12        (18) the Electrologist Licensing Act;
13        (19) the Auction License Act;
14        (20) the Illinois Architecture Practice Act of 1989;
15        (21) the Dietitian Nutritionist Practice Act;
16        (22) the Environmental Health Practitioner Licensing
17    Act;
18        (23) the Funeral Directors and Embalmers Licensing
19    Code;
20        (24) (blank);
21        (25) the Professional Geologist Licensing Act;
22        (26) the Illinois Public Accounting Act; and
23        (27) the Structural Engineering Practice Act of 1989.
24(Source: P.A. 100-534, eff. 9-22-17.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.



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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    225 ILCS 415/1from Ch. 111, par. 6201
7    225 ILCS 415/2from Ch. 111, par. 6202
8    225 ILCS 415/4from Ch. 111, par. 6204
9    225 ILCS 415/5from Ch. 111, par. 6205
10    225 ILCS 415/6from Ch. 111, par. 6206
11    225 ILCS 415/8from Ch. 111, par. 6208
12    225 ILCS 415/9from Ch. 111, par. 6209
13    225 ILCS 415/10from Ch. 111, par. 6210
14    225 ILCS 415/11from Ch. 111, par. 6211
15    225 ILCS 415/13from Ch. 111, par. 6213
16    225 ILCS 415/14from Ch. 111, par. 6214
17    225 ILCS 415/15from Ch. 111, par. 6215
18    225 ILCS 415/16from Ch. 111, par. 6216
19    225 ILCS 415/21from Ch. 111, par. 6221
20    225 ILCS 415/23from Ch. 111, par. 6223
21    225 ILCS 415/23.1from Ch. 111, par. 6224
22    225 ILCS 415/23.4from Ch. 111, par. 6227
23    225 ILCS 415/23.13from Ch. 111, par. 6236
24    225 ILCS 415/27from Ch. 111, par. 6243
25    730 ILCS 5/5-5-5from Ch. 38, par. 1005-5-5