Illinois 2023-2024 Regular Session

Illinois House Bill HB4738 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0683
2	1		HB4738 EnrolledLRB103 36086 RJT 66175 b HB4738 Enrolled LRB103 36086 RJT 66175 b
3	2		HB4738 Enrolled LRB103 36086 RJT 66175 b
4		-	AN ACT concerning education.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Private Business and Vocational Schools Act
8		-	of 2012 is amended by adding Section 75.5 as follows:
9		-	(105 ILCS 426/75.5 new)
10		-	Sec. 75.5. Operating without a permit; cease and desist
11		-	order. The Board may issue a cease and desist order to any
12		-	school operating without the required permit of approval and
13		-	may impose a civil penalty for such a violation. Each day's
14		-	violation shall constitute a separate offense. The penalty for
15		-	such a violation shall be a fee or other conditions as
16		-	established by rule. A penalty fee may not exceed $10,000 per
17		-	violation. The Attorney General may bring an action in circuit
18		-	court to enforce the collection of the penalty fee.
19		-	The cease and desist order shall be issued to the school,
20		-	shall contain the school's name and address and a brief
21		-	factual statement, and shall identify this Act and the
22		-	statutory citations of this Act allegedly violated and the
23		-	penalty, if any, imposed. The cease and desist order must
24		-	clearly state that the school may choose to request a hearing.
25		-	If the school does not request a hearing with the Board within
26		-	30 days after the cease and desist order is served, then the
	3	+	1 AN ACT concerning education.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Private Business and Vocational Schools Act
	7	+	5 of 2012 is amended by adding Section 75.5 as follows:
	8	+	6 (105 ILCS 426/75.5 new)
	9	+	7 Sec. 75.5. Operating without a permit; cease and desist
	10	+	8 order. The Board may issue a cease and desist order to any
	11	+	9 school operating without the required permit of approval and
	12	+	10 may impose a civil penalty for such a violation. Each day's
	13	+	11 violation shall constitute a separate offense. The penalty for
	14	+	12 such a violation shall be a fee or other conditions as
	15	+	13 established by rule. A penalty fee may not exceed $10,000 per
	16	+	14 violation. The Attorney General may bring an action in circuit
	17	+	15 court to enforce the collection of the penalty fee.
	18	+	16 The cease and desist order shall be issued to the school,
	19	+	17 shall contain the school's name and address and a brief
	20	+	18 factual statement, and shall identify this Act and the
	21	+	19 statutory citations of this Act allegedly violated and the
	22	+	20 penalty, if any, imposed. The cease and desist order must
	23	+	21 clearly state that the school may choose to request a hearing.
	24	+	22 If the school does not request a hearing with the Board within
	25	+	23 30 days after the cease and desist order is served, then the
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33		-	cease and desist order shall become final and not subject to
34		-	appeal notwithstanding anything to the contrary under Section
35		-	85 of this Act.
36		-	Section 10. The Private College Act is amended by adding
37		-	Section 14.20 and by changing Section 15 as follows:
38		-	(110 ILCS 1005/14.20 new)
39		-	Sec. 14.20. Operating without a certificate; cease and
40		-	desist order. The Board may issue a cease and desist order to
41		-	any post-secondary educational institution operating without
42		-	the required certificate of approval and may impose a civil
43		-	penalty for such a violation. Each day's violation shall
44		-	constitute a separate offense. The penalty for such a
45		-	violation shall be a fee or other conditions as established by
46		-	rule. A penalty fee may not exceed $10,000 per violation. The
47		-	Attorney General may bring an action in circuit court to
48		-	enforce the collection of the penalty fee.
49		-	The cease and desist order shall be issued to the
50		-	institution, shall contain the institution's name and address
51		-	and a brief factual statement, and shall identify this Act and
52		-	the statutory citations of this Act allegedly violated and the
53		-	penalty, if any, imposed. The cease and desist order must
54		-	clearly state that the institution may choose to request a
55		-	hearing. If the institution does not request a hearing with
56		-	the Board within 30 days after the cease and desist order is
	32	+	HB4738 Enrolled- 2 -LRB103 36086 RJT 66175 b HB4738 Enrolled - 2 - LRB103 36086 RJT 66175 b
	33	+	HB4738 Enrolled - 2 - LRB103 36086 RJT 66175 b
	34	+	1 cease and desist order shall become final and not subject to
	35	+	2 appeal notwithstanding anything to the contrary under Section
	36	+	3 85 of this Act.
	37	+	4 Section 10. The Private College Act is amended by adding
	38	+	5 Section 14.20 and by changing Section 15 as follows:
	39	+	6 (110 ILCS 1005/14.20 new)
	40	+	7 Sec. 14.20. Operating without a certificate; cease and
	41	+	8 desist order. The Board may issue a cease and desist order to
	42	+	9 any post-secondary educational institution operating without
	43	+	10 the required certificate of approval and may impose a civil
	44	+	11 penalty for such a violation. Each day's violation shall
	45	+	12 constitute a separate offense. The penalty for such a
	46	+	13 violation shall be a fee or other conditions as established by
	47	+	14 rule. A penalty fee may not exceed $10,000 per violation. The
	48	+	15 Attorney General may bring an action in circuit court to
	49	+	16 enforce the collection of the penalty fee.
	50	+	17 The cease and desist order shall be issued to the
	51	+	18 institution, shall contain the institution's name and address
	52	+	19 and a brief factual statement, and shall identify this Act and
	53	+	20 the statutory citations of this Act allegedly violated and the
	54	+	21 penalty, if any, imposed. The cease and desist order must
	55	+	22 clearly state that the institution may choose to request a
	56	+	23 hearing. If the institution does not request a hearing with
	57	+	24 the Board within 30 days after the cease and desist order is
57	58
58	59
59		-	served, then the cease and desist order shall become final and
60		-	not subject to appeal notwithstanding anything to the contrary
61		-	under Section 12 of this Act.
62		-	(110 ILCS 1005/15) (from Ch. 144, par. 135)
63		-	Sec. 15. Violations.
64		-	(a) Any person violating any provision of this Act shall
65		-	be guilty of a petty offense and fined not less than $25 nor
66		-	more than $10,000. Each day's violation of any provision of
67		-	this Act shall constitute a separate offense.
68		-	(b) Upon application of the Board's Executive Director,
69		-	the Attorney General, or any State's Attorney, the circuit
70		-	court of each county in which a violation of this Act or rules
71		-	has occurred shall have jurisdiction to enjoin such a
72		-	violation.
73		-	(Source: P.A. 103-288, eff. 7-28-23.)
74		-	Section 15. The Academic Degree Act is amended by adding
75		-	Section 7.5 as follows:
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	68	+	1 served, then the cease and desist order shall become final and
	69	+	2 not subject to appeal notwithstanding anything to the contrary
	70	+	3 under Section 12 of this Act.
	71	+	4 (110 ILCS 1005/15) (from Ch. 144, par. 135)
	72	+	5 Sec. 15. Violations.
	73	+	6 (a) Any person violating any provision of this Act shall
	74	+	7 be guilty of a petty offense and fined not less than $25 nor
	75	+	8 more than $10,000. Each day's violation of any provision of
	76	+	9 this Act shall constitute a separate offense.
	77	+	10 (b) Upon application of the Board's Executive Director,
	78	+	11 the Attorney General, or any State's Attorney, the circuit
	79	+	12 court of each county in which a violation of this Act or rules
	80	+	13 has occurred shall have jurisdiction to enjoin such a
	81	+	14 violation.
	82	+	15 (Source: P.A. 103-288, eff. 7-28-23.)
	83	+	16 Section 15. The Academic Degree Act is amended by adding
	84	+	17 Section 7.5 as follows:
	85	+	18 (110 ILCS 1010/7.5 new)
	86	+	19 Sec. 7.5. Cease and desist order. The Board may issue a
	87	+	20 cease and desist order to any educational organization or
	88	+	21 entity operating without the required authorization to operate
	89	+	22 and grant degrees. The Board may impose a civil penalty for
	90	+	23 such a violation. Each day's violation shall constitute a
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	106	+	HB4738 Enrolled - 4 - LRB103 36086 RJT 66175 b