Rep. Fred Crespo

Filed: 5/11/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1795

2    AMENDMENT NO. ______. Amend Senate Bill 1795 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Private Business and Vocational Schools Act of 2012.
 
6    Section 5. Purpose. It is the purpose of this Act to
7provide for the protection, education, and welfare of the
8citizens of the this State; to provide for the education,
9protection, and welfare of the students of its private business
10and vocational schools; and to facilitate and promote quality
11education and responsible, ethical, business practices in each
12of the private business and vocational schools enrolling
13students in this State.
 
14    Section 10. Validity of certificates under the Private
15Business and Vocational Schools Act. Certificates of approval

 

 

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1granted by the State Board of Education under the Private
2Business and Vocational Schools Act, which is repealed by this
3Act, shall remain valid through June 30, 2012.
 
4    Section 15. Definitions. As used in this Act, unless the
5context otherwise requires:
6    "Board" means the Board of Higher Education established
7under the Board of Higher Education Act.
8    "Certificate of completion" or "certificate" means any
9designation, appellation, series of letters or words, or other
10symbol that signifies or purports to signify that the recipient
11thereof has satisfactorily completed a private business and
12vocational school's program of study that is beyond the
13secondary school level, but not a post-secondary degree program
14at the associate, baccalaureate, master's, doctoral, or
15post-baccalaureate, professional degree level.
16    "Educational institution" or "institution" means an
17organization that promotes business and vocational education,
18even though the institution's principal effort may not be
19exclusively educational in nature.
20    "Enrollment agreement" means any agreement or instrument,
21however named, that creates or evidences an obligation binding
22a student to purchase a program of study from a school.
23    "Non-degree program of study" or "program of study" means
24any designation, appellation, series of letters or words, or
25other symbol that signifies or purports to signify that the

 

 

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1recipient has satisfactorily completed an organized academic
2program of study beyond the secondary school level, such as a
3certificate, but below the associate's degree level and that
4does not include any recognized degree program such as an
5associate's, baccalaureate, master's, or doctoral degree, a
6post-baccalaureate, professional degree, or a post-degree
7certificate, such as a post-baccalaureate certificate,
8post-master's certificate, or post-doctoral certificate.
9"Program of study" as used in this definition means any
10academic program beyond the secondary school level, except for
11a program that is devoted entirely to religion or theology, a
12program offered by an institution operating under the authority
13of the Private College Act, the Academic Degree Act, or the
14Board of Higher Education Act, or a program of study of less
15than one year in length operating under the statutory authority
16granted to the Department of Financial and Professional
17Regulation.
18    "Permit of approval" means a non-transferable permit,
19issued by and pursuant to the authority of the Board of Higher
20Education through its Division of Private Business and
21Vocational Schools to a private business and vocational school
22in the name of the school, that authorizes the school to
23solicit students and to offer and maintain one or more courses
24of instruction in compliance with the provisions of this Act
25and such standards and rules as may be adopted by the Board.
26    "Private business and vocational school" or "school" means

 

 

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1an educational institution privately owned or operated by a
2person, partnership, corporation, or other entity offering
3courses of instruction for which tuition is charged, whether
4such courses of instruction are offered on site, through
5correspondence, by distance education, or by other methods, to
6prepare individuals to do any of the following:
7        (1) To follow a trade or artistic occupation.
8        (2) To pursue a manual, mechanical, technical,
9    industrial, business, commercial, office, personal service
10    (other than nursing), or other non-professional
11    occupation.
12        (3) To follow a profession, if the profession is not
13    subject to licensing or registration under any existing
14    State statute requiring the licensing or registration of
15    persons practicing such profession or if the school is not
16    subject to the regulation of the agency with such licensing
17    or registration authority.
18        (4) To improve, enhance, or add to the skills and
19    abilities of the individual relative to occupational
20    responsibilities or career opportunities.
 
21    Section 20. Permit of approval. No person or group of
22persons subject to this Act may establish and operate or be
23permitted to become incorporated for the purpose of operating a
24private business and vocational school without obtaining from
25the Board a permit of approval, provided that a permit of

 

 

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1approval is not required for a program that is devoted entirely
2to religion or theology or a program offered by an institution
3operating under the authority of the Private College Act, the
4Academic Degree Act, or the Board of Higher Education Act.
5Application for a permit must be made to the Board upon forms
6furnished by it. Permits of approval are not transferable.
7Whenever a change of ownership of a school occurs, an
8application for a permit of approval for the school under the
9changed ownership must immediately be filed with the Board.
10Whenever an owner, partnership, or corporation operates a
11school at different locations, an application for a permit of
12approval must be filed for each location. A school must have
13approval prior to operating at a location and must make
14application to the Board for any change of location and for a
15classroom extension at a new or changed location. Each
16application required to be filed in accordance with the
17provisions of this Section must be accompanied by the required
18fee under the provisions of Sections 75 and 85 of this Act, and
19all such applications must be made on forms prepared and
20furnished by the Board. The permit of approval must be
21prominently displayed at some place on the premises of the
22school at each school location open to the inspection of all
23interested persons. The Board shall maintain, open to public
24inspection, a list of schools, their classroom extensions, and
25their courses of instruction approved under this Act and may
26annually publish such a list. Issuance of the permit of

 

 

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1approval by the Board does not denote that the school or any
2program offered by the school is recommended, guaranteed, or
3endorsed by the Board or that the Board is responsible for the
4quality of the school or its programs, and no school may
5communicate this to be the case. No guarantee of employability
6of school graduates is made by the Board in its approval of
7programs or schools, and no school may communicate such
8information.
 
9    Section 25. Award of certificates.
10    (a) A certificate may be awarded only by a private business
11and vocational school approved by the Board to award such a
12certificate or by an institution approved by the Board under
13the authority of the Private College Act, the Academic Degree
14Act, or the Board of Higher Education Act. No private business
15and vocational school shall be authorized to award a
16certificate or be approved as a certificate-granting
17institution unless it provides documentation to the Board that
18it satisfies the criteria for approval. The documentation
19provided must be under oath or affirmation of the principal
20officer of the private business and vocational school and shall
21contain the name and address of the institution, the names and
22addresses of the president or other administrative head and of
23each member of the board of trustees or other governing board,
24a description of the certificates to be awarded and the course
25or courses of instruction prerequisite thereto, and such

 

 

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1additional information relevant to the purposes of this Act as
2the Board may prescribe. Any amendment to the documentation
3must be under oath or affirmation of the principal officer of
4the institution and must be filed with the Board prior to the
5award of any certificate.
6    (b) A certificate-granting institution shall keep the
7documentation that it shall have filed with the Board current
8at all times. For this purpose, it shall report annually, by
9appropriate amendment of the notice, any change in a fact
10previously reported.
11    The Board may not approve any documentation or amendment to
12the documentation filed pursuant to this Section unless it
13finds the facts stated therein to be correct and further finds
14that such facts constitute compliance with the requirements of
15this Act for institutions.
16    Failure to provide such documentation is grounds for
17revocation of the permit of approval.
 
18    Section 30. Exemptions. For purposes of this Act, the
19following shall not be considered to be a private business and
20vocational school:
21        (1) Any institution devoted entirely to the teaching of
22    religion or theology.
23        (2) Any in-service program of study and subject offered
24    by an employer, provided that no tuition is charged and the
25    instruction is offered only to employees of the employer.

 

 

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1        (3) Any educational institution that (A) enrolls a
2    majority of its students in degree programs and has
3    maintained an accredited status with a regional
4    accrediting agency that is recognized by the U.S.
5    Department of Education or (B) enrolls students in one or
6    more bachelor-level programs, enrolls a majority of its
7    students in degree programs, and is accredited by a
8    national or regional accrediting agency that is recognized
9    by the U.S. Department of Education or that (i) is
10    regulated by the Board under the Private College Act or the
11    Academic Degree Act or is exempt from such regulation under
12    either the Private College Act or the Academic Degree Act
13    solely for the reason that the educational institution was
14    in operation on the effective date of either the Private
15    College Act or the Academic Degree Act or (ii) is regulated
16    by the State Board of Education.
17        (4) Any institution and the franchisees of that
18    institution that exclusively offer a program of study in
19    income tax theory or return preparation at a total contract
20    price of no more than $400, provided that the total annual
21    enrollment of the institution for all such courses of
22    instruction exceeds 500 students and further provided that
23    the total contract price for all instruction offered to a
24    student in any one calendar year does not exceed $3,000.
25        (5) Any person or organization selling mediated
26    instruction products through a media, such as tapes,

 

 

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1    compact discs, digital video discs, or similar media, so
2    long as the instruction is not intended to result in the
3    acquisition of training for a specific employment field, is
4    not intended to meet a qualification for licensure or
5    certification in an employment field, or is not intended to
6    provide credit that can be applied toward a certificate or
7    degree program.
8        (6) Schools with no physical presence in this State.
9    Schools offering instruction or programs of study, but that
10    have no physical presence in this State, are not required
11    to receive Board approval. Such an institution must not be
12    considered not to have a physical presence in this State
13    unless it has received a written finding from the Board
14    that it has a limited physical presence. In determining
15    whether an institution has no physical presence, the Board
16    shall require all of the following:
17            (A) Evidence of authorization to operate in at
18        least one other state and that the school is in good
19        standing with that state's authorizing agency.
20            (B) Evidence that the school has a means of
21        receiving and addressing student complaints in
22        compliance with any federal or state requirements.
23            (C) Evidence that the institution is providing no
24        instruction in this State.
25            (D) Evidence that the institution is not providing
26        core academic support services, including, but not

 

 

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1        limited to, admissions, evaluation, assessment,
2        registration, financial aid, academic scheduling, and
3        faculty hiring and support in this State.
 
4    Section 35. Institution and program approval criteria.
5Each entity seeking a permit of approval is required to
6demonstrate that it satisfies institution-approval criteria
7and that each program of study offered meets the
8program-approval criteria in this Act and any applicable rules.
9The following standard criteria are intended to measure the
10appropriateness of the stated educational objectives of the
11educational programs of a given institution and the extent to
12which suitable and proper processes have been developed for
13meeting those objectives. Information related to the
14satisfaction of the approval criteria outlined in this Section
15must be supplied to the Board by institutions on forms provided
16by the Board. Additional information may be requested by the
17Board to determine the institution's ability to satisfy the
18criteria. The following must be considered as part of, but not
19necessarily all of, the criteria for approval of institutions
20and the programs offered under this Act:
21        (1) Qualifications of governing board members, owners,
22    and senior administrators. At a minimum, these individuals
23    must be of good moral character and have no felony criminal
24    record.
25        (2) Qualifications of faculty and staff.

 

 

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1        (3) Demonstration of student learning and quality of
2    program delivery.
3        (4) Sufficiency of institutional finances.
4        (5) Accuracy, clarity, and appropriateness of program
5    descriptions. Institutional promotional, advertising, and
6    recruiting materials must be clear, appropriate, and
7    accurate.
8        (6) Sufficiency of facilities and equipment. At a
9    minimum, these must be appropriate and must meet applicable
10    safety code requirements and ordinances.
11        (7) Fair and equitable refund policies. At a minimum,
12    these must be fair and equitable, must satisfy any related
13    State or federal rules, and must abide by the standards
14    established in Section 60 of this Act and the rules adopted
15    for the implementation of this Act.
16        (8) Appropriate and ethical admissions and recruitment
17    practices. At a minimum, recruiting practices must be
18    ethical and abide by any State or federal rules.
19        (9) Recognized accreditation status. Accreditation
20    with an accrediting body approved by the U.S. Department of
21    Education may be counted as significant evidence of the
22    institution's ability to meet curricular approval
23    criteria.
24        (10) Meeting employment requirements in the field of
25    study. The institution must clearly demonstrate how a
26    student's completion of the program of study satisfies

 

 

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1    employment requirements in the occupational field. Such
2    information must be clearly and accurately provided to
3    students. If licensure, certification, or their equivalent
4    is required of program graduates to enter the field of
5    employment, the institution must clearly demonstrate that
6    completion of the program will allow students to achieve
7    this status.
8        (11) Enrollment agreements that, at a minimum, meet the
9    requirements outlined in Section 40 of this Act.
10        (12) Clearly communicated tuition and fee charges.
11    Tuition and fees and any other expense charged by the
12    school must be appropriate to the expected income that will
13    be earned by graduates. No school may have a tuition policy
14    or enrollment agreement that requires that a student
15    register for more than a single semester, quarter, term, or
16    other such period of enrollment as a condition of the
17    enrollment nor shall any school charge a student for
18    multiple periods of enrollment prior to completion of the
19    single semester, quarter, term, or other such period of
20    enrollment.
21        (12) Legal action against the institution, its parent
22    company, its owners, its governing board, or its board
23    members. Any such legal action must be provided to the
24    Board and may be considered as a reason for denial or
25    revocation of the permit of approval.
 

 

 

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1    Section 40. Enrollment agreements. A copy of the enrollment
2agreement must be provided to the Board. Enrollment agreements
3may be used by schools only if approved by the Board. The Board
4shall develop a standard enrollment agreement for use by
5schools approved or seeking approval under this Act. Schools
6may create an enrollment agreement that meets the minimum
7requirements of this Section, but it must be approved by the
8Board prior to implementation. The student must be given a copy
9of the enrollment agreement at the time the student signs that
10agreement and at the time of the agreement's acceptance, if
11those events occur at different times. The school shall retain
12a signed copy of the fully executed enrollment agreement as a
13part of the student's permanent record. No school may enter
14into an enrollment agreement wherein the student waives the
15right to assert against the school or any assignee any claim or
16defense he or she may have against the school arising under the
17agreement. Any provisions in an enrollment agreement wherein
18the student agrees to such a waiver shall be rendered void.
19Enrollment agreements shall include, at a minimum, a clear
20descriptions of costs, refund policies, program information,
21any disclosures, the Board's Internet website, the address and
22phone number of the Board for students to report complaints,
23and any additional information the Board may require by rule.
 
24    Section 45. Board approval. Each school approved by the
25Board under this Act is responsible for the content of any

 

 

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1program offered. Issuance of the permit of approval does not
2denote that the school or any program offered by the school is
3recommended, guaranteed, or endorsed by the Board. Schools may
4not advertise or communicate to students or the public in any
5way that indicates endorsement of the school or any program by
6the Board.
 
7    Section 50. Requirements for approved institutions. Each
8school and each of the non-degree programs of study offered by
9the school shall be approved for 5 years, subject to the terms
10and conditions of approval, including without limitation the
11submission of required reporting and the payment of required
12charges and fees under the provisions of Section 75 of this
13Act, and compliance with any other requirements in this Act or
14supporting rules. Failure to so comply at any time during the 5
15years is grounds for immediate revocation of the permit of
16approval. Information requested by the Board must be submitted
17annually or, in special circumstances, at the request of the
18Board. Failure to do so is grounds for immediate revocation of
19the permit of approval. Each non-degree program of study must
20be approved by the Board as well. Regardless of when the
21program was approved, all programs of study must be approved
22again with the institutional approval at the end of the 5-year
23approval period or in conjunction with an earlier review if so
24required under this Act or the administrative rules adopted in
25support of this Act. The Board's Executive Director has the

 

 

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1authority to order any school subject to this Act to cease and
2desist operations if the school is found to have acted contrary
3to the standards set forth in this Act or the supporting
4administrative rules.
 
5    Section 55. Maintenance of approval. Institutions covered
6under this Act must meet the following requirements to receive
7and maintain approval:
8        (1) Provide a surety bond. A continuous surety company
9    bond, written by a company authorized to do business in
10    this State, for the protection of contractual rights,
11    including faithful performance of all contracts and
12    agreements for students and their parents, guardians, or
13    sponsors. The Board shall establish the bond amount by
14    rule. The amount of the bond must be sufficient to provide
15    for the repayment of full tuition to all students enrolled
16    at the institution in the event of closure of the
17    institution. Evidence of the continuation of the bond most
18    be filed annually with the Board. The surety bond must be a
19    written agreement that provides for monetary compensation
20    in the event that the school fails to fulfill its
21    obligations to its students and their parents, guardians,
22    or sponsors. The surety bonding company shall guarantee the
23    return to students and their parents, guardians, or
24    sponsors of all prepaid, unearned tuition in the event of
25    school closure. A condition of the bond shall be that the

 

 

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1    bond agent shall notify the Board in the event the bond is
2    no longer in effect.
3        (2) Provide to the Board and each student the school's
4    policy for addressing student complaints. Included in this
5    process, the school must provide in its promotional
6    materials and on its Internet website the Board's address
7    and Internet website for reporting complaints.
8        (3) Provide on the institution's Internet website and
9    in promotional materials and enrollment agreements the
10    Internet website, address, and phone number of the Board
11    for students to report complaints.
12        (4) Provide evidence of liability insurance, in such
13    form and amount as the Board shall from time to time
14    prescribe pursuant to rules adopted under this Act, to
15    protect students and employees at the school's places of
16    business and at all classroom extensions, including any
17    work-experience locations.
18        (5) Provide data as requested by the Board to support
19    the satisfaction of the requirements of this Act or to
20    provide vocational and technical educational data for the
21    longitudinal data system created under the P-20
22    Longitudinal Education Data System Act.
23        (6) Pay required fees as described under the provisions
24    of Section 75 of this Act by prescribed deadlines.
25        (7) With respect to advertising programs of study, all
26    of the following apply:

 

 

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1            (A) A school may state that it is approved to offer
2        a program of study or authorized to award a certificate
3        in this State only after that approval has been
4        officially granted and received in writing from the
5        Board.
6            (B) A school shall not advertise or state in any
7        manner that it is accredited by the Board to award
8        degrees or certificates.
9            (C) No school may publish or otherwise communicate
10        to prospective students, faculty, staff, or the public
11        misleading or erroneous information about the
12        certificate or degree-granting status of a given
13        institution.
14            (D) All advertisements or solicitations by
15        approved schools shall only reference the Board's
16        approval by stating that the school is approved by the
17        "Division of Private Business and Vocational Schools
18        of the Illinois Board of Higher Education".
19        (8) Permit the Board's Executive Director or his or her
20    designees to inspect the school or classes thereof from
21    time to time with or without notice and to make available
22    to the Board's Executive Director or his or her designees,
23    at any time when required to do so, information, including
24    financial information, pertaining to the activities of the
25    school required for the administration of this Act and the
26    standards and rules adopted under this Act.

 

 

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1        (9) Maintain satisfactory student retention and
2    graduation rates and State licensing examination or
3    professional certification examination passage rates.
4    Student retention and graduation rates must be maintained
5    that are appropriate to standards in the field. A State
6    licensing examination or professional certification
7    examination passage rate of at least 50% of the average
8    passage rate for schools within the industry for any State
9    licensing examination or professional certification
10    examination must be maintained. In the event that the
11    school fails to do so, then that school shall be placed on
12    probation for one year. If that school's passage rate in
13    its next reporting period does not exceed 50% of the
14    average passage rate of that class of school as a whole,
15    then the Board shall revoke the school's approval for that
16    program to operate in this State. In addition, this shall
17    be grounds for reviewing the institution's approval to
18    operate. The Board shall develop, by rule, a procedure to
19    ensure the veracity of the information required under this
20    Section.
21        (10) Not enter into an enrollment agreement wherein the
22    student waives the right to assert against the school or
23    any assignee any claim or defense he or she may have
24    against the school arising under the agreement. Any
25    provisions in an enrollment agreement wherein the student
26    agrees to such a waiver shall be rendered void.

 

 

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1        (11) Not have a tuition policy or enrollment agreement
2    that requires that a student register for more than a
3    single semester, quarter, term, or other such period of
4    enrollment as a condition of the enrollment nor charge a
5    student for multiple periods of enrollment prior to
6    completion of a single semester, quarter, term, or other
7    such period of enrollment.
8        (12) Provide the Board with a copy of any notice of
9    warning or suspension or revocation received from an
10    accrediting agency or State or federal oversight body
11    within 15 days after receipt of the notice. The school
12    shall, at the same time, inform the Board, in writing, on
13    actions being taken to correct all deficiencies cited.
14        (13) Maintain a fair and equitable refund policy and
15    abide by it. Such a policy shall abide by any State or
16    federal rules as appropriate. The same policy shall apply
17    to all students equally.
18        (14) Act in an ethical manner.
 
19    Section 60. Refund policy. The Board shall establish
20minimum standards for a fair and equitable refund policy that
21must be applied by all institutions subject to this Act. The
22same refund policy must be applied to all students even if they
23are not eligible for federal financial aid. Schools that are
24accredited by an accrediting body recognized by the U.S.
25Department of Education and approved to participate in offering

 

 

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1Federal Title IV student financial aid may apply the required
2federal refund policy as long as the same policy is applied to
3all students even if they are not eligible for federal
4financial aid.
 
5    Section 65. Prohibition against advertising a school or
6soliciting students without Board authorization. Prior to the
7issuance of a permit of approval by the Board, no person or
8organization shall advertise a school or any program of study
9or solicit prospective students unless the person or
10organization has applied for and received from the Board
11authorization to conduct such activity. If the Board has
12authorized such activity, all advertisements or solicitations
13must reference the Board's approval by stating that the school
14is approved by the "Division of Private Business and Vocational
15Schools of the Illinois Board of Higher Education".
 
16    Section 70. Closing of a school.
17    (a) In the event a school proposes to discontinue its
18operations, the chief administrative officer of the school
19shall cause to be filed with the Board the original or legible
20true copies of all such academic records of the institution as
21may be specified by the Board.
22    (b) These records shall include, at a minimum, the academic
23records of each former student that is traditionally provided
24on an academic transcript, such as, but not limited to, courses

 

 

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1taken, terms, grades, and other such information.
2    (c) In the event it appears to the Board that any such
3records of an institution discontinuing its operations is in
4danger of being lost, hidden, destroyed, or otherwise made
5unavailable to the Board, the Board may seize and take
6possession of the records, on its own motion and without order
7of court.
8    (d) The Board shall maintain or cause to be maintained a
9permanent file of such records coming into its possession.
10    (e) As an alternative to the deposit of such records with
11the Board, the institution may propose to the Board a plan for
12permanent retention of the records. The plan must be put into
13effect only with the approval of the Board.
14    (f) When a postsecondary educational institution now or
15hereafter operating in this State proposes to discontinue its
16operation, such institution shall cause to be created a
17teach-out plan acceptable to the Board, which shall fulfill the
18school's educational obligations to its students. Should the
19school fail to deliver or act on the teach-out plan, the Board
20is in no way responsible for providing the teach-out.
21    (g) The school and its designated surety bonding company
22are responsible for the return to students of all prepaid,
23unearned tuition. As identified in Section 55 of this Act, the
24surety bond must be a written agreement that provides for
25monetary compensation in the event that the school fails to
26fulfill its obligations. The surety bonding company shall

 

 

09700SB1795ham002- 22 -LRB097 09902 NHT 55420 a

1guarantee the return to the school's students and their
2parents, guardians, or sponsors of all prepaid, unearned
3tuition in the event of school closure. Should the school or
4its surety bonding company fail to deliver or act to fulfill
5the obligation, the Board is in no way responsible for the
6repayment or any related damages or claims.
 
7    Section 75. Application and renewal fees. Fees for
8application and renewal may be set by the Board by rule. Fees
9shall be collected for all of the following:
10        (1) An original school application for a certificate of
11    approval.
12        (2) An initial school application for a certificate of
13    approval upon occurrence of a change of ownership.
14        (3) An annual school application for renewal of a
15    certificate of approval.
16        (4) A school application for a change of location.
17        (5) A school application for a classroom extension.
18        (6) If an applicant school that has not remedied all
19    deficiencies cited by the Board within 12 months after the
20    date of its original application for a certificate of
21    approval, an additional original application fee for the
22    continued cost of investigation of its application.
23        (7) Transcript processing.
 
24    Section 80. Private Business and Vocational Schools

 

 

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1Quality Assurance Fund. The Private Business and Vocational
2Schools Quality Assurance Fund is created as a special fund in
3the State treasury. All fees collected for the administration
4and enforcement of this Act must be deposited into this Fund.
5All money in the Fund must be used, subject to appropriation,
6by the Board to supplement support for the administration and
7enforcement of this Act and must not be used for any other
8purpose.
 
9    Section 85. Violations under the Act.
10    (a) The Board's Executive Director has the authority to
11order any school subject to this Act to cease and desist
12operations if the school is found to have acted contrary to the
13standards set forth in this Act or supporting rules.
14    (b) The following acts or omissions by an owner, operator,
15or authorized agent of a private business and vocational school
16shall constitute violations of this Act and unlawful practices
17pursuant to the Consumer Fraud and Deceptive Business Practices
18Act:
19        (1) False or misleading statements,
20    misrepresentations, or false promises that have the
21    tendency or capacity to influence or induce persons to
22    enroll in the program of study offered by the school.
23        (2) Failure or refusal of the school to make the
24    disclosures in the enrollment agreement required by this
25    Act, or the making of false or inaccurate statements in

 

 

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1    such disclosures.
2        (3) Failure or refusal of the school to refund fees and
3    unearned tuition, in accordance with the refund policy
4    prescribed by this Act, to any student who cancels his or
5    her enrollment agreement.
6        (4) Failure or refusal of the school to employ course
7    instructors under conditions presented to the Board to
8    satisfy the requirements of this Act or to provide the
9    equipment, facilities, or services necessary to implement
10    the program of study as presented to the Board to satisfy
11    the requirements of the Act.
12    (c) Whenever the Attorney General or a State's Attorney
13receives a complaint against a private business and vocational
14school that alleges one or more of the violations enumerated in
15subsection (b) of this Section, he or she may conduct an
16investigation to determine the validity of the complaint and,
17if a violation or violations are found, may use any or all of
18the remedies, penalties, or authority granted to him or her by
19the Consumer Fraud and Deceptive Business Practices Act to
20correct such violations and enforce the provisions of this Act.
21Within 10 business days after receipt, the Board shall transmit
22to the Attorney General and the appropriate State's Attorney
23copies of complaints filed in the Board's office that allege
24one or more of the violations enumerated in subsection (b) of
25this Section.
26    (d) Except for the violations enumerated in subsection (e)

 

 

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1of this Section, any owner, operator, or authorized agent of a
2school who knowingly violates any provision of this Act is
3guilty of a business offense.
4    (e) Any owner, operator, or authorized agent of a private
5business and vocational school who commits any of the following
6offenses is guilty of a Class A misdemeanor for the first
7offense and a Class 4 felony for the second or subsequent
8offense:
9        (1) Knowingly, and for the purpose of influencing or
10    inducing a person to enroll in the program of study offered
11    by the school, makes any false or misleading statements,
12    misrepresentations, or false promises to the person
13    regarding opportunities upon graduation from the school
14    for (i) employment in a business, industry, or trade, (ii)
15    admission to an institution of higher learning, or (ii)
16    admission to an occupational licensing examination.
17        (2) Knowingly, and with intent to defraud, retains in
18    excess of the school's refund policy prescribed in this Act
19    any unearned tuition or fees paid by a student who has
20    cancelled his or her enrollment agreement and is entitled
21    to a refund.
22        (3) Knowingly, and with intent to defraud,
23    misrepresents that any student who has cancelled his or her
24    enrollment agreement is presently enrolled in the school,
25    has completed the program of study, or has graduated from
26    the school.

 

 

09700SB1795ham002- 26 -LRB097 09902 NHT 55420 a

1        (4) Knowingly uses or attempts to use students in any
2    commercial or manufacturing activity related to the
3    operation of the school and to the school's advantage and
4    profit, except to the extent that the school provides the
5    student with practical experience supplemental to the
6    course of instruction or except in the case of students who
7    are employed by the school and compensated for such
8    employment.
9    (f) The Board shall adopt rules to pursue resolution of
10complaints. At a minimum, the rules shall include all of the
11following:
12        (1) Student complaints must be submitted in writing to
13    the Board.
14        (2) Board staff shall contact the school about the
15    complaint by registered mail or other appropriate
16    notification. The school has 10 business days to respond to
17    the Board about the complaint. The Board shall provide a
18    resolution determination to the school. The school may
19    request a hearing about the proposed resolution within 10
20    business days after the delivery of the complaint by
21    registered mail or other appropriate notification. If the
22    school does not abide by the resolution determination, the
23    matter shall be referred to the Office of the Attorney
24    General for consideration.
25        (3) The complaint may be forwarded to the institution's
26    accrediting body.

 

 

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1        (4) The Board shall annually issue a public report
2    about the complaints received. At a minimum, the report
3    shall include the institution, the nature of the complaint,
4    and the current resolution status of the complaint. No
5    individual student shall be named in the report.
6    (g) The Board shall establish rules for the appeal of
7decisions to revoke the permit of approval. At a minimum, the
8rules shall include all of the following:
9        (1) The school must be notified of the revocation in
10    writing through registered mail or other appropriate
11    notification.
12        (2) The school has 10 business days to request an
13    appeal of the decision.
14        (3) The Board shall not be required to schedule a
15    hearing and has the option to waive a hearing if the
16    institution has not operated for one continuous, 12-month
17    period or the institution has been abandoned; however, even
18    in these cases, the Board shall be required to revoke the
19    authority at a public hearing at which any opponent who is
20    injured or impacted by the revocation must be given the
21    opportunity to be heard.
22        (4) The Board shall designate a hearing officer, who
23    shall schedule and conduct a hearing.
24        (5) The hearing officer shall make a written report of
25    findings and recommendation to the Board's Executive
26    Director, who shall make a final determination and shall

 

 

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1    notify the institution of his or her decision.
2    (h) Any person who suffers damages as a result of a
3violation of this Act committed by a school or its
4representative may bring an action against the school. The
5court, in its discretion, may award actual damages, treble
6actual damages if fraud is proved, injunctive relief, and any
7other relief that the court deems proper.
8    Such action may be commenced in the county where the school
9is located or has its principal place of business or in the
10county where the transaction or any substantial portion thereof
11occurred.
12    In any action brought by a person under this Section, the
13court may award, in addition to the relief provided in this
14Section, reasonable attorney's fees and costs to the prevailing
15party.
16    Either party to an action under this Section may request a
17trial by jury.
 
18    Section 90. Rulemaking authority. The Board shall have
19rulemaking authority as necessary and appropriate to implement
20this Act. Rulemaking authority to implement this Act, if any,
21is conditioned on the rules being adopted in accordance with
22all provisions of the Illinois Administrative Procedure Act and
23all rules and procedures of the Joint Committee on
24Administrative Rules; any purported rule not so adopted, for
25whatever reason, is unauthorized.
 

 

 

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1    Section 500. The Department of Professional Regulation Law
2of the Civil Administrative Code of Illinois is amended by
3changing Section 2105-15 as follows:
 
4    (20 ILCS 2105/2105-15)
5    Sec. 2105-15. General powers and duties.
6    (a) The Department has, subject to the provisions of the
7Civil Administrative Code of Illinois, the following powers and
8duties:
9        (1) To authorize examinations in English to ascertain
10    the qualifications and fitness of applicants to exercise
11    the profession, trade, or occupation for which the
12    examination is held.
13        (2) To prescribe rules and regulations for a fair and
14    wholly impartial method of examination of candidates to
15    exercise the respective professions, trades, or
16    occupations.
17        (3) To pass upon the qualifications of applicants for
18    licenses, certificates, and authorities, whether by
19    examination, by reciprocity, or by endorsement.
20        (4) To prescribe rules and regulations defining, for
21    the respective professions, trades, and occupations, what
22    shall constitute a school, college, or university, or
23    department of a university, or other institution,
24    reputable and in good standing, and to determine the

 

 

09700SB1795ham002- 30 -LRB097 09902 NHT 55420 a

1    reputability and good standing of a school, college, or
2    university, or department of a university, or other
3    institution, reputable and in good standing, by reference
4    to a compliance with those rules and regulations; provided,
5    that no school, college, or university, or department of a
6    university, or other institution that refuses admittance
7    to applicants solely on account of race, color, creed, sex,
8    or national origin shall be considered reputable and in
9    good standing.
10        (5) To conduct hearings on proceedings to revoke,
11    suspend, refuse to renew, place on probationary status, or
12    take other disciplinary action as authorized in any
13    licensing Act administered by the Department with regard to
14    licenses, certificates, or authorities of persons
15    exercising the respective professions, trades, or
16    occupations and to revoke, suspend, refuse to renew, place
17    on probationary status, or take other disciplinary action
18    as authorized in any licensing Act administered by the
19    Department with regard to those licenses, certificates, or
20    authorities. The Department shall issue a monthly
21    disciplinary report. The Department shall deny any license
22    or renewal authorized by the Civil Administrative Code of
23    Illinois to any person who has defaulted on an educational
24    loan or scholarship provided by or guaranteed by the
25    Illinois Student Assistance Commission or any governmental
26    agency of this State; however, the Department may issue a

 

 

09700SB1795ham002- 31 -LRB097 09902 NHT 55420 a

1    license or renewal if the aforementioned persons have
2    established a satisfactory repayment record as determined
3    by the Illinois Student Assistance Commission or other
4    appropriate governmental agency of this State.
5    Additionally, beginning June 1, 1996, any license issued by
6    the Department may be suspended or revoked if the
7    Department, after the opportunity for a hearing under the
8    appropriate licensing Act, finds that the licensee has
9    failed to make satisfactory repayment to the Illinois
10    Student Assistance Commission for a delinquent or
11    defaulted loan. For the purposes of this Section,
12    "satisfactory repayment record" shall be defined by rule.
13    The Department shall refuse to issue or renew a license to,
14    or shall suspend or revoke a license of, any person who,
15    after receiving notice, fails to comply with a subpoena or
16    warrant relating to a paternity or child support
17    proceeding. However, the Department may issue a license or
18    renewal upon compliance with the subpoena or warrant.
19        The Department, without further process or hearings,
20    shall revoke, suspend, or deny any license or renewal
21    authorized by the Civil Administrative Code of Illinois to
22    a person who is certified by the Department of Healthcare
23    and Family Services (formerly Illinois Department of
24    Public Aid) as being more than 30 days delinquent in
25    complying with a child support order or who is certified by
26    a court as being in violation of the Non-Support Punishment

 

 

09700SB1795ham002- 32 -LRB097 09902 NHT 55420 a

1    Act for more than 60 days. The Department may, however,
2    issue a license or renewal if the person has established a
3    satisfactory repayment record as determined by the
4    Department of Healthcare and Family Services (formerly
5    Illinois Department of Public Aid) or if the person is
6    determined by the court to be in compliance with the
7    Non-Support Punishment Act. The Department may implement
8    this paragraph as added by Public Act 89-6 through the use
9    of emergency rules in accordance with Section 5-45 of the
10    Illinois Administrative Procedure Act. For purposes of the
11    Illinois Administrative Procedure Act, the adoption of
12    rules to implement this paragraph shall be considered an
13    emergency and necessary for the public interest, safety,
14    and welfare.
15        (6) To transfer jurisdiction of any realty under the
16    control of the Department to any other department of the
17    State Government or to acquire or accept federal lands when
18    the transfer, acquisition, or acceptance is advantageous
19    to the State and is approved in writing by the Governor.
20        (7) To formulate rules and regulations necessary for
21    the enforcement of any Act administered by the Department.
22        (8) To exchange with the Department of Healthcare and
23    Family Services information that may be necessary for the
24    enforcement of child support orders entered pursuant to the
25    Illinois Public Aid Code, the Illinois Marriage and
26    Dissolution of Marriage Act, the Non-Support of Spouse and

 

 

09700SB1795ham002- 33 -LRB097 09902 NHT 55420 a

1    Children Act, the Non-Support Punishment Act, the Revised
2    Uniform Reciprocal Enforcement of Support Act, the Uniform
3    Interstate Family Support Act, or the Illinois Parentage
4    Act of 1984. Notwithstanding any provisions in this Code to
5    the contrary, the Department of Professional Regulation
6    shall not be liable under any federal or State law to any
7    person for any disclosure of information to the Department
8    of Healthcare and Family Services (formerly Illinois
9    Department of Public Aid) under this paragraph (8) or for
10    any other action taken in good faith to comply with the
11    requirements of this paragraph (8).
12        (9) To perform other duties prescribed by law.
13    (a-5) Except in cases involving default on an educational
14loan or scholarship provided by or guaranteed by the Illinois
15Student Assistance Commission or any governmental agency of
16this State or in cases involving delinquency in complying with
17a child support order or violation of the Non-Support
18Punishment Act, no person or entity whose license, certificate,
19or authority has been revoked as authorized in any licensing
20Act administered by the Department may apply for restoration of
21that license, certification, or authority until 3 years after
22the effective date of the revocation.
23    (b) The Department may, when a fee is payable to the
24Department for a wall certificate of registration provided by
25the Department of Central Management Services, require that
26portion of the payment for printing and distribution costs be

 

 

09700SB1795ham002- 34 -LRB097 09902 NHT 55420 a

1made directly or through the Department to the Department of
2Central Management Services for deposit into the Paper and
3Printing Revolving Fund. The remainder shall be deposited into
4the General Revenue Fund.
5    (c) For the purpose of securing and preparing evidence, and
6for the purchase of controlled substances, professional
7services, and equipment necessary for enforcement activities,
8recoupment of investigative costs, and other activities
9directed at suppressing the misuse and abuse of controlled
10substances, including those activities set forth in Sections
11504 and 508 of the Illinois Controlled Substances Act, the
12Director and agents appointed and authorized by the Director
13may expend sums from the Professional Regulation Evidence Fund
14that the Director deems necessary from the amounts appropriated
15for that purpose. Those sums may be advanced to the agent when
16the Director deems that procedure to be in the public interest.
17Sums for the purchase of controlled substances, professional
18services, and equipment necessary for enforcement activities
19and other activities as set forth in this Section shall be
20advanced to the agent who is to make the purchase from the
21Professional Regulation Evidence Fund on vouchers signed by the
22Director. The Director and those agents are authorized to
23maintain one or more commercial checking accounts with any
24State banking corporation or corporations organized under or
25subject to the Illinois Banking Act for the deposit and
26withdrawal of moneys to be used for the purposes set forth in

 

 

09700SB1795ham002- 35 -LRB097 09902 NHT 55420 a

1this Section; provided, that no check may be written nor any
2withdrawal made from any such account except upon the written
3signatures of 2 persons designated by the Director to write
4those checks and make those withdrawals. Vouchers for those
5expenditures must be signed by the Director. All such
6expenditures shall be audited by the Director, and the audit
7shall be submitted to the Department of Central Management
8Services for approval.
9    (d) Whenever the Department is authorized or required by
10law to consider some aspect of criminal history record
11information for the purpose of carrying out its statutory
12powers and responsibilities, then, upon request and payment of
13fees in conformance with the requirements of Section 2605-400
14of the Department of State Police Law (20 ILCS 2605/2605-400),
15the Department of State Police is authorized to furnish,
16pursuant to positive identification, the information contained
17in State files that is necessary to fulfill the request.
18    (e) The provisions of this Section do not apply to private
19business and vocational schools as defined by Section 15 1 of
20the Private Business and Vocational Schools Act of 2012.
21    (f) Beginning July 1, 1995, this Section does not apply to
22those professions, trades, and occupations licensed under the
23Real Estate License Act of 2000, nor does it apply to any
24permits, certificates, or other authorizations to do business
25provided for in the Land Sales Registration Act of 1989 or the
26Illinois Real Estate Time-Share Act.

 

 

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1    (g) Notwithstanding anything that may appear in any
2individual licensing statute or administrative rule, the
3Department shall deny any license application or renewal
4authorized under any licensing Act administered by the
5Department to any person who has failed to file a return, or to
6pay the tax, penalty, or interest shown in a filed return, or
7to pay any final assessment of tax, penalty, or interest, as
8required by any tax Act administered by the Illinois Department
9of Revenue, until such time as the requirement of any such tax
10Act are satisfied; however, the Department may issue a license
11or renewal if the person has established a satisfactory
12repayment record as determined by the Illinois Department of
13Revenue. For the purpose of this Section, "satisfactory
14repayment record" shall be defined by rule.
15    In addition, a complaint filed with the Department by the
16Illinois Department of Revenue that includes a certification,
17signed by its Director or designee, attesting to the amount of
18the unpaid tax liability or the years for which a return was
19not filed, or both, is prima facia evidence of the licensee's
20failure to comply with the tax laws administered by the
21Illinois Department of Revenue. Upon receipt of that
22certification, the Department shall, without a hearing,
23immediately suspend all licenses held by the licensee.
24Enforcement of the Department's order shall be stayed for 60
25days. The Department shall provide notice of the suspension to
26the licensee by mailing a copy of the Department's order by

 

 

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1certified and regular mail to the licensee's last known address
2as registered with the Department. The notice shall advise the
3licensee that the suspension shall be effective 60 days after
4the issuance of the Department's order unless the Department
5receives, from the licensee, a request for a hearing before the
6Department to dispute the matters contained in the order.
7    Any suspension imposed under this subsection (g) shall be
8terminated by the Department upon notification from the
9Illinois Department of Revenue that the licensee is in
10compliance with all tax laws administered by the Illinois
11Department of Revenue.
12    The Department shall promulgate rules for the
13administration of this subsection (g).
14    (h) The Department may grant the title "Retired", to be
15used immediately adjacent to the title of a profession
16regulated by the Department, to eligible retirees. The use of
17the title "Retired" shall not constitute representation of
18current licensure, registration, or certification. Any person
19without an active license, registration, or certificate in a
20profession that requires licensure, registration, or
21certification shall not be permitted to practice that
22profession.
23    (i) Within 180 days after December 23, 2009 (the effective
24date of Public Act 96-852), the Department shall promulgate
25rules which permit a person with a criminal record, who seeks a
26license or certificate in an occupation for which a criminal

 

 

09700SB1795ham002- 38 -LRB097 09902 NHT 55420 a

1record is not expressly a per se bar, to apply to the
2Department for a non-binding, advisory opinion to be provided
3by the Board or body with the authority to issue the license or
4certificate as to whether his or her criminal record would bar
5the individual from the licensure or certification sought,
6should the individual meet all other licensure requirements
7including, but not limited to, the successful completion of the
8relevant examinations.
9(Source: P.A. 95-331, eff. 8-21-07; 96-459, eff. 8-14-09;
1096-852, eff. 12-23-09; 96-1000, eff. 7-2-10.)
 
11    Section 505. The State Finance Act is amended by adding
12Section 5.786 as follows:
 
13    (30 ILCS 105/5.786 new)
14    Sec. 5.786. The Private Business and Vocational Schools
15Quality Assurance Fund.
 
16    Section 510. The Riverboat Gambling Act is amended by
17changing Section 9 as follows:
 
18    (230 ILCS 10/9)  (from Ch. 120, par. 2409)
19    Sec. 9. Occupational licenses.
20    (a) The Board may issue an occupational license to an
21applicant upon the payment of a non-refundable fee set by the
22Board, upon a determination by the Board that the applicant is

 

 

09700SB1795ham002- 39 -LRB097 09902 NHT 55420 a

1eligible for an occupational license and upon payment of an
2annual license fee in an amount to be established. To be
3eligible for an occupational license, an applicant must:
4        (1) be at least 21 years of age if the applicant will
5    perform any function involved in gaming by patrons. Any
6    applicant seeking an occupational license for a non-gaming
7    function shall be at least 18 years of age;
8        (2) not have been convicted of a felony offense, a
9    violation of Article 28 of the Criminal Code of 1961, or a
10    similar statute of any other jurisdiction;
11        (2.5) not have been convicted of a crime, other than a
12    crime described in item (2) of this subsection (a),
13    involving dishonesty or moral turpitude, except that the
14    Board may, in its discretion, issue an occupational license
15    to a person who has been convicted of a crime described in
16    this item (2.5) more than 10 years prior to his or her
17    application and has not subsequently been convicted of any
18    other crime;
19        (3) have demonstrated a level of skill or knowledge
20    which the Board determines to be necessary in order to
21    operate gambling aboard a riverboat; and
22        (4) have met standards for the holding of an
23    occupational license as adopted by rules of the Board. Such
24    rules shall provide that any person or entity seeking an
25    occupational license to manage gambling operations
26    hereunder shall be subject to background inquiries and

 

 

09700SB1795ham002- 40 -LRB097 09902 NHT 55420 a

1    further requirements similar to those required of
2    applicants for an owners license. Furthermore, such rules
3    shall provide that each such entity shall be permitted to
4    manage gambling operations for only one licensed owner.
5    (b) Each application for an occupational license shall be
6on forms prescribed by the Board and shall contain all
7information required by the Board. The applicant shall set
8forth in the application: whether he has been issued prior
9gambling related licenses; whether he has been licensed in any
10other state under any other name, and, if so, such name and his
11age; and whether or not a permit or license issued to him in
12any other state has been suspended, restricted or revoked, and,
13if so, for what period of time.
14    (c) Each applicant shall submit with his application, on
15forms provided by the Board, 2 sets of his fingerprints. The
16Board shall charge each applicant a fee set by the Department
17of State Police to defray the costs associated with the search
18and classification of fingerprints obtained by the Board with
19respect to the applicant's application. These fees shall be
20paid into the State Police Services Fund.
21    (d) The Board may in its discretion refuse an occupational
22license to any person: (1) who is unqualified to perform the
23duties required of such applicant; (2) who fails to disclose or
24states falsely any information called for in the application;
25(3) who has been found guilty of a violation of this Act or
26whose prior gambling related license or application therefor

 

 

09700SB1795ham002- 41 -LRB097 09902 NHT 55420 a

1has been suspended, restricted, revoked or denied for just
2cause in any other state; or (4) for any other just cause.
3    (e) The Board may suspend, revoke or restrict any
4occupational licensee: (1) for violation of any provision of
5this Act; (2) for violation of any of the rules and regulations
6of the Board; (3) for any cause which, if known to the Board,
7would have disqualified the applicant from receiving such
8license; or (4) for default in the payment of any obligation or
9debt due to the State of Illinois; or (5) for any other just
10cause.
11    (f) A person who knowingly makes a false statement on an
12application is guilty of a Class A misdemeanor.
13    (g) Any license issued pursuant to this Section shall be
14valid for a period of one year from the date of issuance.
15    (h) Nothing in this Act shall be interpreted to prohibit a
16licensed owner from entering into an agreement with a public
17community college or a school approved under the Private
18Business and Vocational Schools Act of 2012 for the training of
19any occupational licensee. Any training offered by such a
20school shall be in accordance with a written agreement between
21the licensed owner and the school.
22    (i) Any training provided for occupational licensees may be
23conducted either on the riverboat or at a school with which a
24licensed owner has entered into an agreement pursuant to
25subsection (h).
26(Source: P.A. 96-1392, eff. 1-1-11.)
 

 

 

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1    Section 515. The Illinois Public Aid Code is amended by
2changing Section 11-2.1 as follows:
 
3    (305 ILCS 5/11-2.1)  (from Ch. 23, par. 11-2.1)
4    Sec. 11-2.1. No private business and vocational school, as
5defined in the Private Business and Vocational Schools Act of
62012, may solicit an applicant or recipient within a public aid
7office or within 100 feet of a public aid office, for the
8purpose of enrolling the applicant or recipient in a work or
9training program, without the express written consent of the
10Illinois Department. Any person violating this Section shall be
11guilty of a Class A misdemeanor. "Public aid office" for the
12purpose of this Section includes any business office of the
13Department where a person may apply for or receive benefits or
14services under this Code, the building in which such office is
15located, and any parking area connected to such office that is
16owned or leased by the State for the benefit of the Department
17for use by personnel of the Department or by applicants or
18recipients.
19(Source: P.A. 85-1383.)
 
20    Section 520. The Children's Privacy Protection and
21Parental Empowerment Act is amended by changing Section 15 as
22follows:
 

 

 

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1    (325 ILCS 17/15)
2    Sec. 15. Information brokers.
3    (a) For the purpose of this Act, the consent of a parent to
4the sale or purchase of information concerning a child is
5presumed unless the parent withdraws consent under this
6Section.
7    A person who brokers or facilitates the sale of personal
8information concerning children must, upon written request
9from a parent that specifically identifies the child, provide
10to the parent within 20 days of the written request procedures
11that the parent must follow in order to withdraw consent to use
12personal information relating to that child. The person who
13brokers or facilitates the sale of personal information must
14discontinue disclosing a child's personal information within
1520 days after the parent has completed the procedures to
16withdraw consent to use personal information relating to that
17child.
18    (b) This Section does not apply to any of the following:
19        (1) Any federal, state, or local government agency or
20    any law enforcement agency.
21        (2) The National Center for Missing and Exploited
22    Children.
23        (3) Any educational institution, consortium,
24    organization, or professional association, including but
25    not limited to, public community colleges, public
26    universities, post-secondary educational institutions as

 

 

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1    defined in the Private College Act, and private business
2    and vocational schools as defined in the Private Business
3    and Vocational Schools Act of 2012.
4        (4) Any not-for-profit entity that is exempt from the
5    payment of federal taxes under Section 501(c)(3) of the
6    Internal Revenue Code of 1986.
7(Source: P.A. 93-462, eff. 1-1-04.)
 
8    Section 525. The Consumer Fraud and Deceptive Business
9Practices Act is amended by changing Section 2Z as follows:
 
10    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
11    Sec. 2Z. Violations of other Acts. Any person who knowingly
12violates the Automotive Repair Act, the Automotive Collision
13Repair Act, the Home Repair and Remodeling Act, the Dance
14Studio Act, the Physical Fitness Services Act, the Hearing
15Instrument Consumer Protection Act, the Illinois Union Label
16Act, the Job Referral and Job Listing Services Consumer
17Protection Act, the Travel Promotion Consumer Protection Act,
18the Credit Services Organizations Act, the Automatic Telephone
19Dialers Act, the Pay-Per-Call Services Consumer Protection
20Act, the Telephone Solicitations Act, the Illinois Funeral or
21Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care
22Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales
23Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
24the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section

 

 

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13-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
23-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
3Internet Caller Identification Act, paragraph (6) of
4subsection (k) of Section 6-305 of the Illinois Vehicle Code,
5Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
6or 18d-153 of the Illinois Vehicle Code, Article 3 of the
7Residential Real Property Disclosure Act, the Automatic
8Contract Renewal Act, or the Personal Information Protection
9Act, or subsection (b) of Section 85 of the Private Business
10and Vocational Schools Act of 2012 commits an unlawful practice
11within the meaning of this Act.
12(Source: P.A. 95-413, eff. 1-1-08; 95-562, eff. 7-1-08; 95-876,
13eff. 8-21-08; 96-863, eff. 1-19-10; 96-1369, eff. 1-1-11;
1496-1376, eff. 7-29-10; revised 9-2-10.)
 
15    (105 ILCS 425/Act rep.)
16    Section 900. The Private Business and Vocational Schools
17Act is repealed.
 
18    Section 999. Effective date. This Act takes effect February
191, 2012.".