Bill Text: IL HB0041 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. Provides that a correctional institution shall make available to a person in its custody current election resource material from the State Board of Elections and current election resource material that is requested by a person in custody and received at the correctional institution from a local election authority in response to the request. Creates the Post-Conviction Task Force to strengthen and improve provisions that restore the right to vote to a person convicted of a felony or otherwise under sentence in a correctional institution. Makes other changes. Amends the Unified Code of Corrections to make conforming changes. Effective January 1, 2026.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-09 - Referred to Rules Committee [HB0041 Detail]

Download: Illinois-2025-HB0041-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0041 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
5 ILCS 100/5-45.65 new
10 ILCS 5/1-26 new
10 ILCS 5/1-27 new
10 ILCS 5/3-5 from Ch. 46, par. 3-5
10 ILCS 5/19-2.5
730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. Provides that a correctional institution shall make available to a person in its custody current election resource material from the State Board of Elections and current election resource material that is requested by a person in custody and received at the correctional institution from a local election authority in response to the request. Creates the Post-Conviction Task Force to strengthen and improve provisions that restore the right to vote to a person convicted of a felony or otherwise under sentence in a correctional institution. Makes other changes. Amends the Unified Code of Corrections to make conforming changes. Effective January 1, 2026.
LRB104 03390 SPS 13412 b
A BILL FOR
HB0041 LRB104 03390 SPS 13412 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.65 as follows:
(5 ILCS 100/5-45.65 new)
Sec. 5-45.65. Emergency rulemaking; State Board of
Elections. To provide for the expeditious and timely
implementation of this amendatory Act of the 104th General
Assembly, emergency rules implementing this amendatory Act of
the 104th General Assembly may be adopted in accordance with
Section 5-45 by the State Board of Elections, except that the
24-month limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this Section. The adoption of emergency rules
authorized by Section 5-45 and this Section is deemed to be
necessary for the public interest, safety, and welfare.
This Section is repealed on January 1, 2031.
Section 10. The Election Code is amended by changing
Sections 3-5 and 19-2.5 and by adding Sections 1-26 and 1-27 as
follows:

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(10 ILCS 5/1-26 new)
Sec. 1-26. Post-conviction voting.
(a) As used in this Section, "correctional institution"
means any place used to house persons under State supervision
or custody, including, but not limited to, State, federal, or
juvenile facilities, adult transition centers, halfway houses,
and other reentry or rehabilitation programs.
(b) A person convicted of a felony, or otherwise under
sentence in a correctional institution, shall have his or her
right to vote restored and shall be eligible to vote not later
than 14 days following his or her conviction. Persons under
any form of State supervision or custody who are disqualified
from voting shall have their right to vote restored under this
Section, including, but not limited to: persons incarcerated
in State, federal, or juvenile facilities; persons on
probation or parole; persons on mandatory supervised release;
persons on work release; persons on furlough; persons released
on electronic monitoring; persons housed in adult transition
centers, halfway houses, or other reentry or rehabilitation
programs; and persons owing court fines or fees. Persons may
not be denied the right to vote because of a past criminal
conviction.
(c) Each local election authority shall coordinate with
the correctional institution, Department of Corrections, and
other correctional agencies incarcerating eligible voters to
facilitate voting by mail for those voters eligible to vote in

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that election jurisdiction who are incarcerated in the
correctional institution.
(d) All requirements of the federal Voting Rights Act of
1965, including Sections 203 and 208, State and local language
access requirements, and the federal Americans with
Disabilities Act and State and local disability access
requirements shall also apply to voting under this Section.
The correctional institution shall make available to persons
in its custody voter registration applications, vote by mail
ballot applications, vote by mail ballots received at the
institution from the local election authority, and other
election materials in the languages provided by the State
Board of Elections and local election authorities.
(e) The correctional institution shall make available to a
person in its custody current election resource material,
maintained by the State Board of Elections, containing
detailed information regarding the voting rights of a person
with a criminal conviction in the following formats: (1) in
print; (2) on the correctional institution's website; and (3)
in a visible location on the premises of each correctional
institution where notices are customarily posted. The
correctional institution shall also make available to a person
in its custody current election resource material from a local
election authority that is requested by that person in its
custody and received at the correctional institution from the
local election authority in response to that person's request.

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The correctional institution shall provide resource materials
to a person in its custody upon intake and release of the
person on parole, mandatory supervised release, final
discharge, or pardon from the correctional institution.
(f) By December 31, 2026, and by December 31 of each year
thereafter, the State Board of Elections, in coordination and
cooperation with correctional institutions and local election
authorities, shall prepare a report containing data concerning
compliance with this Section, including the number of voter
registrations, vote by mail ballot applications, vote by mail
ballots completed, and voter education packets delivered.
(g) A person who has left the person's residence as part of
the person's confinement in a correctional institution and who
has not established another residence for voter registration
purposes may not be considered to have changed or lost
residence. The person may register to vote at the address of
the person's last place of residence before the person's
confinement in a correctional institution.
(h) The provisions of this Section shall apply to all
elections beginning with the general election in 2026.
(i) The State Board of Elections may adopt rules,
including emergency rules, to implement the provisions of this
Section.
(10 ILCS 5/1-27 new)
Sec. 1-27. Post-Conviction Task Force.

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(a) The Post-Conviction Task Force is created to
strengthen and improve implementation of the provisions of
Section 1-23 that restore the right to vote to a person
convicted of a felony, or otherwise under sentence in a
correctional institution, and to provide voting access while
under sentence in a correctional institution.
(b) The members of the Task Force shall be as follows:
(1) the Chair of the State Board of Elections, or the
Chair's designee, who shall serve as Chair of the Task
Force;
(2) the Director of Corrections or the Director's
designee;
(3) the Secretary of State or the Secretary of State's
designee;
(4) a representative from a statewide organization
that represents county clerks, appointed by the Chair of
the State Board of Elections;
(5) a representative from 2 separate Illinois
organizations advocating against voter
disenfranchisement, with one representative appointed by
the President of the Senate and one representative
appointed by the Speaker of the House of Representatives;
and
(6) 4 members from the General Assembly, with one
member appointed by the President of the Senate, one
member appointed by the Senate Minority Leader, one member

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appointed by the Speaker of the House of Representatives,
and one member appointed by the House Minority Leader.
(c) The State Board of Elections shall provide
administrative and other support to the Task Force.
(d) On or before July 1, 2026, the Task Force members shall
be appointed. On or before September 1, 2026, the Task Force
shall prepare a status report that summarizes its work and
makes recommendations on the implementation of provisions
restoring voting rights to a person convicted of a felony or
otherwise under sentence in a correctional institution and
providing access to vote while under sentence in a
correctional institution. On or before December 31, 2026, the
Task Force shall prepare a comprehensive report that
summarizes its work and the implementation and administration
of the 2026 general election. The report shall include
recommendations for strengthening and improving implementation
of restoring voting rights to a person convicted of a felony or
otherwise under sentence in a correctional institution and
providing access to vote while under sentence in a
correctional institution.
(e) The Task Force is dissolved and this Section is
repealed on January 1, 2027.
(10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
Sec. 3-5. Confinement or detention in a jail. No person
who has been legally convicted, in this or another state or in

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any federal court, of any crime, and is serving a sentence of
confinement in any penal institution, or who has been
convicted under any Section of this Code and is serving a
sentence of confinement in any penal institution, shall vote,
offer to vote, attempt to vote or be permitted to vote at any
election until his release from confinement.
Confinement for purposes of this Section shall include any
person convicted and imprisoned but granted a furlough as
provided by Section 3-11-1 of the Unified Code of Corrections,
or admitted to a work release program as provided by Section
3-13-2 of the Unified Code of Corrections. Confinement shall
not include any person convicted and imprisoned but released
on parole.
Confinement or detention in a jail pending acquittal or
conviction of a crime is not a disqualification for voting.
(Source: P.A. 100-863, eff. 8-14-18.)
(10 ILCS 5/19-2.5)
Sec. 19-2.5. Notice for vote by mail ballot.
(a) An election authority shall notify all qualified
voters, except voters who have applied for permanent vote by
mail status under subsection (b) of Section 19-3 or voters who
submit a written request to be excluded from the permanent
vote by mail status, not more than 90 days nor less than 45
days before a general election of the option for permanent
vote by mail status using the following notice and including

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the application for permanent vote by mail status in
subsection (b) of Section 19-3:
"You may apply to permanently be placed on vote by mail
status using the attached application.".
(b) A person completing a voter registration application
or submitting a change of address shall be notified of the
option to receive a vote by mail ballot. Upon request of the
person, the voter registration application or change of
address form shall serve as an application to receive an
official vote by mail ballot, and the individual need not
complete a separate vote by mail application. An elector who
is a resident of a location covered by Section 203 of the
federal Voting Rights Act of 1965 or local language access
requirements must be offered a voter registration application
in a language of the applicable minority group and must be able
to request a vote by mail ballot in the language of the
applicable minority group. Upon processing the voter
registration application and accepting the application without
rejection, the election authority shall provide the individual
with an official vote by mail ballot for the next occurring
election.
(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21;
103-467, eff. 8-4-23.)
Section 15. The Unified Code of Corrections is amended by
changing Sections 3-14-1 and 5-5-5 as follows:

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(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the institution.
(a) Upon release of a person on parole, mandatory release,
final discharge, or pardon, the Department shall return all
property held for him, provide him with suitable clothing and
procure necessary transportation for him to his designated
place of residence and employment. It may provide such person
with a grant of money for travel and expenses which may be paid
in installments. The amount of the money grant shall be
determined by the Department.
(a-1) The Department shall, before a wrongfully imprisoned
person, as defined in Section 3-1-2 of this Code, is
discharged from the Department, provide him or her with any
documents necessary after discharge.
(a-2) The Department of Corrections may establish and
maintain, in any institution it administers, revolving funds
to be known as "Travel and Allowances Revolving Funds". These
revolving funds shall be used for advancing travel and expense
allowances to committed, paroled, and discharged prisoners.
The moneys paid into such revolving funds shall be from
appropriations to the Department for Committed, Paroled, and
Discharged Prisoners.
(a-3) (Blank). Upon release of a person who is eligible to
vote on parole, mandatory release, final discharge, or pardon,
the Department shall provide the person with a form that

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informs him or her that his or her voting rights have been
restored and a voter registration application. The Department
shall have available voter registration applications in the
languages provided by the Illinois State Board of Elections.
The form that informs the person that his or her rights have
been restored shall include the following information:
(1) All voting rights are restored upon release from
the Department's custody.
(2) A person who is eligible to vote must register in
order to be able to vote.
The Department of Corrections shall confirm that the
person received the voter registration application and has
been informed that his or her voting rights have been
restored.
(a-4) Prior to release of a person on parole, mandatory
supervised release, final discharge, or pardon, the Department
shall screen every person for Medicaid eligibility. Officials
of the correctional institution or facility where the
committed person is assigned shall assist an eligible person
to complete a Medicaid application to ensure that the person
begins receiving benefits as soon as possible after his or her
release. The application must include the eligible person's
address associated with his or her residence upon release from
the facility. If the residence is temporary, the eligible
person must notify the Department of Human Services of his or
her change in address upon transition to permanent housing.

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(b) (Blank).
(c) Except as otherwise provided in this Code, the
Department shall establish procedures to provide written
notification of any release of any person who has been
convicted of a felony to the State's Attorney and sheriff of
the county from which the offender was committed, and the
State's Attorney and sheriff of the county into which the
offender is to be paroled or released. Except as otherwise
provided in this Code, the Department shall establish
procedures to provide written notification to the proper law
enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of the
offender or the commission of the offense took place in the
municipality, if the offender is to be paroled or released
into the municipality, or if the offender resided in the
municipality at the time of the commission of the offense. If a
person convicted of a felony who is in the custody of the
Department of Corrections or on parole or mandatory supervised
release informs the Department that he or she has resided,
resides, or will reside at an address that is a housing
facility owned, managed, operated, or leased by a public
housing agency, the Department must send written notification
of that information to the public housing agency that owns,
manages, operates, or leases the housing facility. The written
notification shall, when possible, be given at least 14 days
before release of the person from custody, or as soon

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thereafter as possible. The written notification shall be
provided electronically if the State's Attorney, sheriff,
proper law enforcement agency, or public housing agency has
provided the Department with an accurate and up to date email
address.
(c-1) (Blank).
(c-2) The Department shall establish procedures to provide
notice to the Illinois State Police of the release or
discharge of persons convicted of violations of the
Methamphetamine Control and Community Protection Act or a
violation of the Methamphetamine Precursor Control Act. The
Illinois State Police shall make this information available to
local, State, or federal law enforcement agencies upon
request.
(c-5) If a person on parole or mandatory supervised
release becomes a resident of a facility licensed or regulated
by the Department of Public Health, the Illinois Department of
Public Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide copies of the
following information to the appropriate licensing or
regulating Department and the licensed or regulated facility
where the person becomes a resident:
(1) The mittimus and any pre-sentence investigation
reports.
(2) The social evaluation prepared pursuant to Section
3-8-2.

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(3) Any pre-release evaluation conducted pursuant to
subsection (j) of Section 3-6-2.
(4) Reports of disciplinary infractions and
dispositions.
(5) Any parole plan, including orders issued by the
Prisoner Review Board, and any violation reports and
dispositions.
(6) The name and contact information for the assigned
parole agent and parole supervisor.
This information shall be provided within 3 days of the
person becoming a resident of the facility.
(c-10) If a person on parole or mandatory supervised
release becomes a resident of a facility licensed or regulated
by the Department of Public Health, the Illinois Department of
Public Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide written notification
of such residence to the following:
(1) The Prisoner Review Board.
(2) The chief of police and sheriff in the
municipality and county in which the licensed facility is
located.
The notification shall be provided within 3 days of the
person becoming a resident of the facility.
(d) Upon the release of a committed person on parole,
mandatory supervised release, final discharge, or pardon, the
Department shall provide such person with information

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concerning programs and services of the Illinois Department of
Public Health to ascertain whether such person has been
exposed to the human immunodeficiency virus (HIV) or any
identified causative agent of Acquired Immunodeficiency
Syndrome (AIDS).
(e) Upon the release of a committed person on parole,
mandatory supervised release, final discharge, pardon, or who
has been wrongfully imprisoned, the Department shall verify
the released person's full name, date of birth, and social
security number. If verification is made by the Department by
obtaining a certified copy of the released person's birth
certificate and the released person's social security card or
other documents authorized by the Secretary, the Department
shall provide the birth certificate and social security card
or other documents authorized by the Secretary to the released
person. If verification by the Department is done by means
other than obtaining a certified copy of the released person's
birth certificate and the released person's social security
card or other documents authorized by the Secretary, the
Department shall complete a verification form, prescribed by
the Secretary of State, and shall provide that verification
form to the released person.
(f) Forty-five days prior to the scheduled discharge of a
person committed to the custody of the Department of
Corrections, the Department shall give the person:
(1) who is otherwise uninsured an opportunity to apply

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for health care coverage including medical assistance
under Article V of the Illinois Public Aid Code in
accordance with subsection (b) of Section 1-8.5 of the
Illinois Public Aid Code, and the Department of
Corrections shall provide assistance with completion of
the application for health care coverage including medical
assistance;
(2) information about obtaining a standard Illinois
Identification Card or a limited-term Illinois
Identification Card under Section 4 of the Illinois
Identification Card Act if the person has not been issued
an Illinois Identification Card under subsection (a-20) of
Section 4 of the Illinois Identification Card Act;
(3) information about voter registration and may
distribute information prepared by the State Board of
Elections. The Department of Corrections may enter into an
interagency contract with the State Board of Elections to
participate in the automatic voter registration program
and be a designated automatic voter registration agency
under Section 1A-16.2 of the Election Code;
(4) information about job listings upon discharge from
the correctional institution or facility;
(5) information about available housing upon discharge
from the correctional institution or facility;
(6) a directory of elected State officials and of
officials elected in the county and municipality, if any,

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in which the committed person intends to reside upon
discharge from the correctional institution or facility;
and
(7) any other information that the Department of
Corrections deems necessary to provide the committed
person in order for the committed person to reenter the
community and avoid recidivism.
(g) Sixty days before the scheduled discharge of a person
committed to the custody of the Department or upon receipt of
the person's certified birth certificate and social security
card as set forth in subsection (d) of Section 3-8-1 of this
Act, whichever occurs later, the Department shall transmit an
application for an Identification Card to the Secretary of
State, in accordance with subsection (a-20) of Section 4 of
the Illinois Identification Card Act.
The Department may adopt rules to implement this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
1-1-24.)
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
Sec. 5-5-5. Loss and restoration of rights.
(a) Conviction and disposition shall not entail the loss
by the defendant of any civil rights, except under this
Section and Sections 29-6 and 29-10 of the The Election Code,
as now or hereafter amended.

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(b) A person convicted of a felony or otherwise under
sentence in a correctional institution shall have his or her
right to vote restored not later than 14 days following his or
her conviction shall be ineligible to hold an office created
by the Constitution of this State until the completion of his
sentence.
(b-5) Notwithstanding any other provision of law, a person
convicted of a felony, bribery, perjury, or other infamous
crime for an offense committed on or after the effective date
of this amendatory Act of the 103rd General Assembly and
committed while he or she was serving as a public official in
this State is ineligible to hold any local public office or any
office created by the Constitution of this State unless the
person's conviction is reversed, the person is again restored
to such rights by the terms of a pardon for the offense, the
person has received a restoration of rights by the Governor,
or the person's rights are otherwise restored by law.
(c) A person sentenced to imprisonment shall lose his
right to vote until released from imprisonment.
(d) On completion of sentence of imprisonment or upon
discharge from probation, conditional discharge or periodic
imprisonment, or at any time thereafter, all license rights
and privileges granted under the authority of this State which
have been revoked or suspended because of conviction of an
offense shall be restored unless the authority having
jurisdiction of such license rights finds after investigation

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

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

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

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

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(26) the Illinois Public Accounting Act; and
(27) the Structural Engineering Practice Act of 1989.
(Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.)