senate Bill S2899

Relates to private school agent licensing requirements

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 05 / Mar / 2013
    • 1ST REPORT CAL.172
  • 06 / Mar / 2013
    • 2ND REPORT CAL.
  • 07 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 13 / Mar / 2013
    • SUBSTITUTED BY A1050

Summary

Relates to eliminating certain exemptions from private school agent licensing requirements.

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Bill Details

See Assembly Version of this Bill:
A1050
Versions:
S2899
Legislative Cycle:
2013-2014
Law Section:
Education Law
Laws Affected:
Amd ยง5004, Ed L

Sponsor Memo

BILL NUMBER:S2899 REVISED 03/04/13

TITLE OF BILL: An act to amend the education law, in relation to
private school agent's certificate

PURPOSE:

This bill amends Chapter 381 of the Laws of 2012 relating to
non-degree granting proprietary schools to remove a provision that
allows current or former students to receive compensation for
referring students to proprietary school programs.

SUMMARY OF PROVISIONS:

Section 1. Removes a provision that allows current or former students
to receive compensation for referring new students to proprietary
school programs.

Section 2, Sets forth the effective date.

JUSTIFICATION::

Current law states that no party may, for a consideration or
remuneration procure, solicit or enroll any student for instruction in
or given by any school within or without the State of New York unless
(i) the party is a salaried employee of the school and (ii) the party
shall have secured a private school agent's certificate from the
department pursuant to regulations of the commissioner.

The law also states exemptions to this requirement. One such exemption
allowed alumni or current students to receive gifts or other
non-monetary considerations valued at 875 or less for each student
they referred to their current or former school.

This bill removes that exemption for the certification requirements to
essentially end the practice of compensation to students for
referrals.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE

This act shall take effect immediately and shall be deemed to have
been in full force and effect on and after December 15, 2012.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2899

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to private school agent's
  certificate

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of  section 5004 of the education law, as
amended by chapter 381 of the laws  of  2012,  is  amended  to  read  as
follows:
  3.  Exempted  from the requirements of this section are persons acting
solely for schools which are not required to be licensed or are  specif-
ically  exempted  from  the  licensing  requirements  of  this  article.
Persons who are paid to procure, solicit or enroll students on the prem-
ises of schools required to be licensed shall not  be  exempt  from  the
provisions  of  this  section.  [The  certification requirements of this
section shall not apply to persons receiving gifts or other non-monetary
considerations valued at not  more  than  seventy-five  dollars  from  a
school from which they have graduated or are currently enrolled for each
student referred for enrollment at the school.]
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after December 15, 2012.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04913-01-3

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