S T A T E   O F   N E W   Y O R K
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                                   174

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. CAHILL, CANESTRARI, McENENY -- Multi-Sponsored by
  -- M. of A. COOK, GLICK, MAYERSOHN, ORTIZ, PHEFFER, SCHIMMINGER, WEIS-
  ENBERG -- read once and referred to the Committee on Higher Education

AN  ACT to amend the education law, in relation to allowing for prorated
  refunds of the licensure and registration  fee  to  the  spouse  of  a
  deceased professional

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

  Section  1. Subdivision 3 of section 6502 of  the  education  law,  as
amended  by  chapter  599  of  the  laws  of 1996, is amended to read as
follows:
  3. An application for registration and the required  registration  fee
shall  be  submitted together with or as a part of the application for a
license.  A person initially licensed or a  licensee  resuming  practice
after  a  lapse of registration during the last two years of a triennial
registration period shall receive a prorated refund of one-third of  the
total  registration  fee for each full year of the triennial period that
has elapsed prior to the date of registration.  THE SPOUSE OF  A  PERSON
WHO  IS  LICENSED  AND  REGISTERED  TO  PRACTICE  IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE, WHO  CAN  DEMONSTRATE  TO  THE  DEPARTMENT'S
SATISFACTION  THROUGH  DOCUMENTED  PROOF  INCLUDING, BUT NOT LIMITED TO,
SUCH PERSON'S DEATH  CERTIFICATE,  SUCH  PERSON'S  REGISTRATION,  AND  A
CHECK, DRAFT OR MONEY ORDER CASHED FOR SUCH PERSON'S REGISTRATION, SHALL
RECEIVE A PRORATED REFUND OF THE LICENSURE AND REGISTRATION FEE REFLECT-
ING THE REMAINING FEE FROM THE TIME OF DEATH TO THE END OF THE REGISTRA-
TION  PERIOD. Except as provided in subdivision three-a of this section,
the department shall  renew  the  registration  of  each  licensee  upon
receipt  of a proper application, on a form prescribed by the department
and conforming to the requirements of section 3-503 of the general obli-
gations law, and the registration fee.  Any licensee who fails to regis-

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

                                                           LBD01163-01-1

A. 174                              2

ter by the beginning of the appropriate  registration  period  shall  be
required  to  pay  an  additional fee for late filing of ten dollars for
each month that registration has been delayed.    No  licensee  resuming
practice  after  a  lapse of registration shall be permitted to practice
without actual possession of the registration certificate.
  S 2. This act shall take effect immediately.