Illinois General Assembly - Full Text of SB0828
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Full Text of SB0828  102nd General Assembly

SB0828ham003 102ND GENERAL ASSEMBLY

Rep. La Shawn K. Ford

Filed: 10/26/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 828

2    AMENDMENT NO. ______. Amend Senate Bill 828, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Administrative Procedure Act is
6amended by adding Section 5-45.8 as follows:
 
7    (5 ILCS 100/5-45.8 new)
8    Sec. 5-45.8. Emergency rulemaking; Election Code; Unified
9Code of Corrections. To provide for the expeditious and timely
10implementation of the changes made to the Election Code and
11the Unified Code of Corrections by this amendatory Act of the
12102nd General Assembly, emergency rules implementing those
13changes may be adopted in accordance with Section 5-45 by the
14State Board of Elections, except that the 24-month limitation
15on the adoption of emergency rules and the provisions of
16Sections 5-115 and 5-125 do not apply to rules adopted under

 

 

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1this Section. The adoption of emergency rules authorized by
2Section 5-45 and this Section is deemed to be necessary for the
3public interest, safety, and welfare.
4    This Section is repealed on January 1, 2027.
 
5    Section 10. The Election Code is amended by changing
6Sections 3-5 and 19A-20 and by adding Sections 1-19 and 1-21 as
7follows:
 
8    (10 ILCS 5/1-19 new)
9    Sec. 1-19. Post-conviction voting.
10    (a) As used in this Section, "correctional institution"
11means any place used to house persons under state supervision
12or custody, including, but not limited to, state, federal, or
13juvenile facilities, adult transition centers, halfway houses,
14and other reentry or rehabilitation programs.
15    (b) A person convicted of a felony or otherwise under
16sentence in a correctional institution or jail shall have his
17or her right to vote restored and shall be eligible to vote not
18later than 14 days following his or her conviction. Persons
19under any form of state supervision or custody who are
20disqualified from voting shall have their right to vote
21restored under this Section, including, but not limited to:
22persons incarcerated in State, federal, or juvenile
23facilities; persons on probation or parole; persons on
24mandatory supervised release; persons on work release; persons

 

 

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1on furlough; persons released on electronic monitoring;
2persons housed in adult transition centers, halfway houses, or
3other reentry or rehabilitation programs; and persons owing
4court fines or fees. Persons may not be denied the right to
5vote because of a past criminal conviction.
6    (c) Each local election authority shall coordinate with
7the correctional institution, Illinois Department of
8Corrections, and other correctional agencies incarcerating
9eligible voters in order to facilitate an opportunity for
10voting by mail for those voters eligible to vote in that
11election jurisdiction who are incarcerated in the correctional
12institution.
13    (d) Any person completing a voter registration application
14or submitting a change of address shall be notified of the
15option to receive a vote by mail ballot. Upon request of the
16elector, the voter registration application shall serve as an
17application to receive an official vote by mail ballot and the
18individual need not complete a separate vote by mail
19application. An elector who is a resident of a location
20covered by Section 203 of the federal Voting Rights Act of 1965
21or local language access requirements must be offered a voter
22registration application in a covered language and must be
23able to request a vote by mail ballot in the covered language.
24Upon processing the voter registration application and
25accepting the application without rejection, the election
26authority shall provide the individual with an official vote

 

 

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1by mail ballot for the next occurring election.
2    (e) All requirements of the federal Voting Rights Act of
31965, including Sections 203 and 208, State and local language
4access requirements, and the federal Americans with
5Disabilities Act and State and local disability access
6requirements shall apply to this Section. The correctional
7institution shall make available to persons in its custody
8voter registration applications, vote by mail ballot
9applications, vote by mail ballots received at the institution
10from the local election authority, and other election
11materials in the languages provided by the State Board of
12Elections and local election authorities.
13    (f) The correctional institution shall make available to a
14person in its custody resource materials current to an
15election, maintained by the State Board of Elections,
16containing detailed information regarding the voting rights of
17a person with a criminal conviction in the following formats:
18(1) in print; (2) on the correctional institution's website;
19and (3) in a visible location on the premises of each
20correctional institution where notices are customarily posted.
21The correctional institution shall provide resource materials
22to a person in its custody upon intake and release of the
23person on parole, mandatory supervised release, final
24discharge, or pardon from the correctional institution.
25    (g) Compliance with this Section shall be monitored by a
26report published annually, beginning December 31, 2023 and by

 

 

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1December 31 of each year thereafter, by the State Board of
2Elections, in coordination and cooperation with correctional
3institutions and local election authorities, containing data,
4including the number of voter registrations, vote by mail
5ballot applications, vote by mail ballots completed, and voter
6education packets delivered.
7    (h) A person who has left the place of the person's
8residence as part of the person's confinement in a
9correctional institution and who has not established another
10residence for voter registration purposes may not be
11considered to have changed or lost residence. The person may
12register to vote at the address of the person's last place of
13residence before the person's confinement in a correctional
14institution.
15    (i) The provisions of this Section shall apply to all
16elections beginning with the general election in 2022.
17    (j) The State Board of Elections may adopt rules,
18including emergency rules, to implement the provisions of this
19Section.
 
20    (10 ILCS 5/1-21 new)
21    Sec. 1-21. Post-Conviction Task Force.
22    (a) The Post-Conviction Task Force is created to
23strengthen and improve implementation of the provisions of
24Section 1-19 that restore the right to vote for a person
25convicted of a felony or otherwise under sentence in a

 

 

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1correctional institution or jail and provide access to vote
2while under sentence in a correctional institution.
3    (b) The members of the Task Force shall be as follows:
4        (1) the chair of the State Board of Elections, or his
5    or her designee, who shall serve as chair of the Task
6    Force;
7        (2) the Director of Corrections, or his or her
8    designee;
9        (3) the Secretary of State, or his or her designee;
10        (4) a representative from a statewide organization
11    that represents county clerks, appointed by the chair of
12    the State Board of Elections;
13        (5) a representative from 2 separate Illinois
14    organizations advocating against voter
15    disenfranchisement, with one representative appointed by
16    the President of the Senate and one representative
17    appointed by the Speaker of the House of Representatives;
18    and
19        (6) 4 members from the General Assembly, with one
20    member appointed by the President of the Senate, one
21    member appointed by the Senate Minority Leader, one member
22    appointed by the Speaker of the House of Representatives,
23    and one member appointed by the House Minority Leader.
24    (c) The State Board of Elections shall provide
25administrative and other support to the Task Force.
26    (d) On or before July 1, 2022, the Task Force members shall

 

 

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1be appointed. On or before September 1, 2022, the Task Force
2shall prepare a status report that summarizes its work and
3makes recommendations on the implementation of provisions
4restoring voting rights to a person convicted of a felony or
5otherwise under sentence in a correctional institution or jail
6and providing access to vote while under sentence in a
7correctional institution. On or before January 1, 2023, the
8Task Force shall prepare a comprehensive report that
9summarizes its work and the implementation and administration
10of the 2022 general election. The report shall include
11recommendations for strengthening and improving implementation
12of restoring voting rights to a person convicted of a felony or
13otherwise under sentence in a correctional institution or jail
14and providing access to vote while under sentence in a
15correctional institution.
16    (e) The Task Force is dissolved and this Section is
17repealed on January 1, 2025.
 
18    (10 ILCS 5/3-5)  (from Ch. 46, par. 3-5)
19    Sec. 3-5. Confinement or detention in a jail. No person
20who has been legally convicted, in this or another state or in
21any federal court, of any crime, and is serving a sentence of
22confinement in any penal institution, or who has been
23convicted under any Section of this Code and is serving a
24sentence of confinement in any penal institution, shall vote,
25offer to vote, attempt to vote or be permitted to vote at any

 

 

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1election until his release from confinement.
2    Confinement for purposes of this Section shall include any
3person convicted and imprisoned but granted a furlough as
4provided by Section 3-11-1 of the Unified Code of Corrections,
5or admitted to a work release program as provided by Section
63-13-2 of the Unified Code of Corrections. Confinement shall
7not include any person convicted and imprisoned but released
8on parole.
9    Confinement or detention in a jail pending acquittal or
10conviction of a crime is not a disqualification for voting.
11(Source: P.A. 100-863, eff. 8-14-18.)
 
12    (10 ILCS 5/19A-20)
13    Sec. 19A-20. Temporary branch polling places.
14    (a) In addition to permanent polling places for early
15voting, the election authority may establish temporary branch
16polling places for early voting.
17    (b) The provisions of subsection (b) of Section 19A-15 do
18not apply to a temporary polling place. Voting at a temporary
19branch polling place may be conducted on any one or more days
20and during any hours within the period for early voting by
21personal appearance that are determined by the election
22authority.
23    (c) The schedules for conducting voting do not need to be
24uniform among the temporary branch polling places.
25    (d) The legal rights and remedies which inure to the owner

 

 

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1or lessor of private property are not impaired or otherwise
2affected by the leasing of the property for use as a temporary
3branch polling place for early voting, except to the extent
4necessary to conduct early voting at that location.
5    (e) In a county with a population of:
6         (1) 3,000,000 or more, the election authority in the
7    county shall establish a temporary branch polling place
8    under this Section in the county jail. Only a resident of a
9    county who is in custody at the county jail and who has not
10    been convicted of the offense for which the resident is in
11    custody is eligible to vote at a temporary branch polling
12    place established under this paragraph (1). The temporary
13    branch polling place established under this paragraph (1)
14    shall allow a voter to vote in the same elections that the
15    voter would be entitled to vote in where the voter
16    resides. To the maximum extent feasible, voting booths or
17    screens shall be provided to ensure the privacy of the
18    voter.
19        (2) less than 3,000,000, the sheriff may establish a
20    temporary branch polling place at the county jail. Only a
21    resident of a county who is in custody at the county jail
22    and who has not been convicted of the offense for which the
23    resident is in custody is eligible to vote at a temporary
24    branch polling place established under this paragraph (2).
25    A temporary branch polling place established under this
26    paragraph (2) shall allow a voter to vote in the same

 

 

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1    elections that the voter would be entitled to vote in
2    where the voter resides. To the maximum extent feasible,
3    voting booths or screens shall be provided to ensure the
4    privacy of the voter.
5    All provisions of this Code applicable to pollwatchers
6shall apply to a temporary branch polling place under this
7subsection (e), subject to approval from the election
8authority and the county jail, except that nonpartisan
9pollwatchers shall be limited to one per division within the
10jail instead of one per precinct. A county that establishes a
11temporary branch polling place inside a county jail in
12accordance with this subsection (e) shall adhere to all
13requirements of this subsection (e). All requirements of the
14federal Voting Rights Act of 1965 and Sections 203 and 208 of
15the federal Americans with Disabilities Act shall apply to
16this subsection (e).
17(Source: P.A. 101-442, eff. 1-1-20; 102-15, eff. 6-17-21.)
 
18    Section 15. The Unified Code of Corrections is amended by
19changing Sections 3-14-1 and 5-5-5 as follows:
 
20    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
21    Sec. 3-14-1. Release from the institution.
22    (a) Upon release of a person on parole, mandatory release,
23final discharge or pardon the Department shall return all
24property held for him, provide him with suitable clothing and

 

 

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1procure necessary transportation for him to his designated
2place of residence and employment. It may provide such person
3with a grant of money for travel and expenses which may be paid
4in installments. The amount of the money grant shall be
5determined by the Department.
6    (a-1) The Department shall, before a wrongfully imprisoned
7person, as defined in Section 3-1-2 of this Code, is
8discharged from the Department, provide him or her with any
9documents necessary after discharge.
10    (a-2) The Department of Corrections may establish and
11maintain, in any institution it administers, revolving funds
12to be known as "Travel and Allowances Revolving Funds". These
13revolving funds shall be used for advancing travel and expense
14allowances to committed, paroled, and discharged prisoners.
15The moneys paid into such revolving funds shall be from
16appropriations to the Department for Committed, Paroled, and
17Discharged Prisoners.
18    (a-3) (Blank). Upon release of a person who is eligible to
19vote on parole, mandatory release, final discharge, or pardon,
20the Department shall provide the person with a form that
21informs him or her that his or her voting rights have been
22restored and a voter registration application. The Department
23shall have available voter registration applications in the
24languages provided by the Illinois State Board of Elections.
25The form that informs the person that his or her rights have
26been restored shall include the following information:

 

 

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1        (1) All voting rights are restored upon release from
2    the Department's custody.
3        (2) A person who is eligible to vote must register in
4    order to be able to vote.
5    The Department of Corrections shall confirm that the
6person received the voter registration application and has
7been informed that his or her voting rights have been
8restored.
9    (a-4) (a-3) Prior to release of a person on parole,
10mandatory supervised release, final discharge, or pardon, the
11Department shall screen every person for Medicaid eligibility.
12Officials of the correctional institution or facility where
13the committed person is assigned shall assist an eligible
14person to complete a Medicaid application to ensure that the
15person begins receiving benefits as soon as possible after his
16or her release. The application must include the eligible
17person's address associated with his or her residence upon
18release from the facility. If the residence is temporary, the
19eligible person must notify the Department of Human Services
20of his or her change in address upon transition to permanent
21housing.
22    (b) (Blank).
23    (c) Except as otherwise provided in this Code, the
24Department shall establish procedures to provide written
25notification of any release of any person who has been
26convicted of a felony to the State's Attorney and sheriff of

 

 

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1the county from which the offender was committed, and the
2State's Attorney and sheriff of the county into which the
3offender is to be paroled or released. Except as otherwise
4provided in this Code, the Department shall establish
5procedures to provide written notification to the proper law
6enforcement agency for any municipality of any release of any
7person who has been convicted of a felony if the arrest of the
8offender or the commission of the offense took place in the
9municipality, if the offender is to be paroled or released
10into the municipality, or if the offender resided in the
11municipality at the time of the commission of the offense. If a
12person convicted of a felony who is in the custody of the
13Department of Corrections or on parole or mandatory supervised
14release informs the Department that he or she has resided,
15resides, or will reside at an address that is a housing
16facility owned, managed, operated, or leased by a public
17housing agency, the Department must send written notification
18of that information to the public housing agency that owns,
19manages, operates, or leases the housing facility. The written
20notification shall, when possible, be given at least 14 days
21before release of the person from custody, or as soon
22thereafter as possible. The written notification shall be
23provided electronically if the State's Attorney, sheriff,
24proper law enforcement agency, or public housing agency has
25provided the Department with an accurate and up to date email
26address.

 

 

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1    (c-1) (Blank).
2    (c-2) The Department shall establish procedures to provide
3notice to the Department of State Police of the release or
4discharge of persons convicted of violations of the
5Methamphetamine Control and Community Protection Act or a
6violation of the Methamphetamine Precursor Control Act. The
7Department of State Police shall make this information
8available to local, State, or federal law enforcement agencies
9upon request.
10    (c-5) If a person on parole or mandatory supervised
11release becomes a resident of a facility licensed or regulated
12by the Department of Public Health, the Illinois Department of
13Public Aid, or the Illinois Department of Human Services, the
14Department of Corrections shall provide copies of the
15following information to the appropriate licensing or
16regulating Department and the licensed or regulated facility
17where the person becomes a resident:
18        (1) The mittimus and any pre-sentence investigation
19    reports.
20        (2) The social evaluation prepared pursuant to Section
21    3-8-2.
22        (3) Any pre-release evaluation conducted pursuant to
23    subsection (j) of Section 3-6-2.
24        (4) Reports of disciplinary infractions and
25    dispositions.
26        (5) Any parole plan, including orders issued by the

 

 

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1    Prisoner Review Board, and any violation reports and
2    dispositions.
3        (6) The name and contact information for the assigned
4    parole agent and parole supervisor.
5    This information shall be provided within 3 days of the
6person becoming a resident of the facility.
7    (c-10) If a person on parole or mandatory supervised
8release becomes a resident of a facility licensed or regulated
9by the Department of Public Health, the Illinois Department of
10Public Aid, or the Illinois Department of Human Services, the
11Department of Corrections shall provide written notification
12of such residence to the following:
13        (1) The Prisoner Review Board.
14        (2) The chief of police and sheriff in the
15    municipality and county in which the licensed facility is
16    located.
17    The notification shall be provided within 3 days of the
18person becoming a resident of the facility.
19    (d) Upon the release of a committed person on parole,
20mandatory supervised release, final discharge or pardon, the
21Department shall provide such person with information
22concerning programs and services of the Illinois Department of
23Public Health to ascertain whether such person has been
24exposed to the human immunodeficiency virus (HIV) or any
25identified causative agent of Acquired Immunodeficiency
26Syndrome (AIDS).

 

 

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1    (e) Upon the release of a committed person on parole,
2mandatory supervised release, final discharge, pardon, or who
3has been wrongfully imprisoned, the Department shall verify
4the released person's full name, date of birth, and social
5security number. If verification is made by the Department by
6obtaining a certified copy of the released person's birth
7certificate and the released person's social security card or
8other documents authorized by the Secretary, the Department
9shall provide the birth certificate and social security card
10or other documents authorized by the Secretary to the released
11person. If verification by the Department is done by means
12other than obtaining a certified copy of the released person's
13birth certificate and the released person's social security
14card or other documents authorized by the Secretary, the
15Department shall complete a verification form, prescribed by
16the Secretary of State, and shall provide that verification
17form to the released person.
18    (f) Forty-five days prior to the scheduled discharge of a
19person committed to the custody of the Department of
20Corrections, the Department shall give the person who is
21otherwise uninsured an opportunity to apply for health care
22coverage including medical assistance under Article V of the
23Illinois Public Aid Code in accordance with subsection (b) of
24Section 1-8.5 of the Illinois Public Aid Code, and the
25Department of Corrections shall provide assistance with
26completion of the application for health care coverage

 

 

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1including medical assistance. The Department may adopt rules
2to implement this Section.
3(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
4revised 9-9-19.)
 
5    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
6    Sec. 5-5-5. Loss and restoration of rights.
7    (a) Conviction and disposition shall not entail the loss
8by the defendant of any civil rights, except under this
9Section and Sections 29-6 and 29-10 of The Election Code, as
10now or hereafter amended.
11    (b) A person convicted of a felony shall be ineligible to
12hold an office created by the Constitution of this State until
13the completion of his sentence.
14    (c) A person convicted of a felony or otherwise under
15sentence in a correctional institution or jail shall have his
16or her right to vote restored not later than 14 days following
17his or her conviction sentenced to imprisonment shall lose his
18right to vote until released from imprisonment.
19    (d) On completion of sentence of imprisonment or upon
20discharge from probation, conditional discharge or periodic
21imprisonment, or at any time thereafter, all license rights
22and privileges granted under the authority of this State which
23have been revoked or suspended because of conviction of an
24offense shall be restored unless the authority having
25jurisdiction of such license rights finds after investigation

 

 

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

 

 

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

 

 

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

 

 

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1        (7) the Illinois Farm Labor Contractor Certification
2    Act;
3        (8) the Registered Interior Designers Act;
4        (9) the Illinois Professional Land Surveyor Act of
5    1989;
6        (10) the Landscape Architecture Registration Act;
7        (11) the Marriage and Family Therapy Licensing Act;
8        (12) the Private Employment Agency Act;
9        (13) the Professional Counselor and Clinical
10    Professional Counselor Licensing and Practice Act;
11        (14) the Real Estate License Act of 2000;
12        (15) the Illinois Roofing Industry Licensing Act;
13        (16) the Professional Engineering Practice Act of
14    1989;
15        (17) the Water Well and Pump Installation Contractor's
16    License Act;
17        (18) the Electrologist Licensing Act;
18        (19) the Auction License Act;
19        (20) the Illinois Architecture Practice Act of 1989;
20        (21) the Dietitian Nutritionist Practice Act;
21        (22) the Environmental Health Practitioner Licensing
22    Act;
23        (23) the Funeral Directors and Embalmers Licensing
24    Code;
25        (24) (blank);
26        (25) the Professional Geologist Licensing Act;

 

 

10200SB0828ham003- 22 -LRB102 04626 HLH 30190 a

1        (26) the Illinois Public Accounting Act; and
2        (27) the Structural Engineering Practice Act of 1989.
3(Source: P.A. 102-284, eff. 8-6-21.)
 
4    Section 99. Effective date. This Act takes effect June 1,
52022.".