senate Bill S4468

2011-2012 Legislative Session

Provides for distance learning for continuing education of home inspectors and hearing aid dispensers

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Jun 24, 2011 committed to rules
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1077
Apr 06, 2011 referred to judiciary

Votes

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Jun 7, 2011 - Judiciary committee Vote

S4468
21
0
committee
21
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Co-Sponsors

S4468 - Bill Details

See Assembly Version of this Bill:
A7349
Current Committee:
Law Section:
Real Property Law
Laws Affected:
Amd §444-f, RP L; amd §794, Gen Bus L

S4468 - Bill Texts

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Provides for distance learning for continuing education of home inspectors and hearing aid dispensers.

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BILL NUMBER:S4468

TITLE OF BILL:

An act
to amend the real property law and the general
business in relation to the approval of distance learning
courses for continuing education

PURPOSE OF BILL:

This proposal would permit on-line and distance learning for home
inspector and hearing aid dispenser continuing education courses.

SUMMARY OF PROVISIONS:

Section one of the bill would amend Real Property Law §444-f(1) to
permit the Secretary of State to approve distance learning courses
for home inspector continuing education courses.

Section two of the bill would amend General Business Law §794(1) to
permit the Secretary of State to approve distance learning courses
for hearing aid dispenser continuing education courses.

Section three sets an immediate effective date.

EXISTING LAW:

Current law does not authorize online, computer-based learning for
home inspectors and hearing aid dispensers.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

Online and distance learning is currently permitted for continuing
education in all disciplines regulated by the Department of State,
except home inspectors and hearing aid dispensers. Especially in
Upstate communities and rural areas, approved providers are limited
and course offerings sparse. The Department has received anecdotal
evidence from licensees in these areas who have encountered
difficulties locating courses or had to travel great
distances to obtain the required education. Distance learning provides
a great convenience to all licensees. This method of course delivery
increases access to approved continuing education courses and allows
licensees to take continuing education according to their own
schedules, thereby reducing the need to take time off from work to
attend live courses.

BUDGET IMPLICATIONS:

None.

EFFECTIVE DATE:


The bill would become effective immediately.

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

                                  4468

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced  by Sen. O'MARA -- (at request of the Department of State) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Judiciary

AN  ACT  to  amend  the  real  property  law and the general business in
  relation to the approval of distance learning courses  for  continuing
  education

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

  Section 1. Subdivision 1 of section 444-f of the real property law, as
amended by chapter 225 of the laws  of  2005,  is  amended  to  read  as
follows:
  1.  Home inspector licenses and renewals thereof shall be issued for a
period of two years, except that the secretary may, in order to  stagger
the expiration date thereof, provide that those licenses first issued or
renewed  after the effective date of this section shall expire or become
void on a date fixed by the secretary, not sooner than  six  months  nor
later  than  twenty-nine months after the date of issue. No renewal of a
license shall be issued unless the applicant has successfully  completed
a course of continuing education approved by the secretary, in consulta-
tion  with  the  council.  THE  SECRETARY MAY APPROVE COMPUTER-BASED AND
DISTANCE-LEARNING COURSES SO LONG AS, IN HIS OR HER JUDGMENT,  PROVIDERS
SATISFACTORILY  DEMONSTRATE  THE  ABILITY  TO MONITOR AND VERIFY PARTIC-
IPATION BY THE APPLICANT FOR THE SPECIFIED TIME PERIOD.  NOTWITHSTANDING
THE FOREGOING AUTHORITY TO APPROVE COMPUTER-BASED AND  DISTANCE-LEARNING
COURSES,  THE  SECRETARY  MAY PRESCRIBE THAT SPECIFIED SUBJECTS OR HOURS
MUST BE PRESENTED IN A CLASSROOM SETTING.
  S 2. Subdivision 1 of section 794 of  the  general  business  law,  as
amended  by  chapter  301  of  the  laws  of 2000, is amended to read as
follows:
  1. Prior to the expiration of a certificate of registration and  as  a
condition  of renewal, each hearing aid dispenser registered pursuant to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09430-01-1

S. 4468                             2

subdivision one of section seven hundred ninety of  this  article  shall
submit  documentation showing successful completion of twenty continuing
education credits through a course or courses approved by the  secretary
in consultation with the advisory board, or, in relation to audiologists
licensed  pursuant  to  article  one hundred fifty-nine of the education
law, the office of the professions in  the  education  department.  Such
formal  courses of learning shall include, but not be limited to, colle-
giate level of credit in non-credit  courses,  professional  development
programs  and  technical  sessions  offered by national, state and local
professional associations and  other  organizations  acceptable  to  the
secretary  and  any  other  organized educational and technical programs
acceptable  to  the  secretary.  The  secretary  may,  in  his  or   her
discretion, and as needed to contribute to the health and welfare of the
public,  require  the  completion  of  continuing  education  courses in
specific  subjects  to  fulfill  this  mandatory  continuing   education
requirement.  Courses  shall  be  taken  from  a sponsor approved by the
secretary pursuant to regulations promulgated pursuant to this  section.
THE  SECRETARY  MAY APPROVE COMPUTER-BASED AND DISTANCE-LEARNING COURSES
SO LONG AS, IN HIS OR HER JUDGMENT, PROVIDERS SATISFACTORILY DEMONSTRATE
THE ABILITY TO MONITOR AND VERIFY PARTICIPATION BY THE APPLICANT FOR THE
SPECIFIED TIME PERIOD.    NOTWITHSTANDING  THE  FOREGOING  AUTHORITY  TO
APPROVE  COMPUTER-BASED AND DISTANCE-LEARNING COURSES, THE SECRETARY MAY
PRESCRIBE THAT SPECIFIED SUBJECTS OR HOURS MUST BE PRESENTED IN A CLASS-
ROOM SETTING.
  S 3. This act shall take effect immediately.

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