senate Bill S5598A

2019-2020 Legislative Session

Relates to unfair practices of proprietary institutions of higher education

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 committed to rules
May 30, 2019 amended on third reading (t) 5598a
May 20, 2019 advanced to third reading
May 15, 2019 2nd report cal.
May 14, 2019 1st report cal.691
May 08, 2019 referred to consumer protection

Votes

view votes

May 13, 2019 - Consumer Protection committee Vote

S5598
5
1
committee
5
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 13, 2019

nay (1)
aye wr (1)

S5598 - Details

Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §349-f, Gen Bus L

S5598 - Summary

Authorizes the attorney general to bring an action to enjoin unfair practices of proprietary institutions of higher education; defines unlawful unfair acts or practices.

S5598 - Sponsor Memo

S5598 - Bill Text download pdf


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

                                  5598

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 8, 2019
                               ___________

Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to unlawful unfair
  practices of proprietary institutions of higher education

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

  Section 1. The general business law is amended by adding a new section
349-f to read as follows:
  § 349-F. PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION; UNLAWFUL UNFAIR
PRACTICES.  1.  FOR  PURPOSES OF THIS SECTION, "PROPRIETARY INSTITUTION"
SHALL BE DEFINED  AS  ANY  LICENSED  PRIVATE  CAREER  SCHOOL,  CERTIFIED
ENGLISH  AS A SECOND LANGUAGE SCHOOL, OR ONLINE EDUCATION MARKETPLACE AS
DEFINED IN ARTICLE ONE HUNDRED ONE OF THE EDUCATION LAW, OR A FOR-PROFIT
DEGREE-GRANTING INSTITUTION  APPROVED  PURSUANT  TO  THE  DEPARTMENT  OF
EDUCATION.
  2.  IN ADDITION TO THE PROTECTIONS AFFORDED TO CONSUMERS IN THIS ARTI-
CLE, INCLUDING BUT NOT LIMITED TO SECTION THREE  HUNDRED  FORTY-NINE  OF
THIS  ARTICLE, FOR STUDENTS THAT ARE ATTENDING OR AT ONE TIME ATTENDED A
PROPRIETARY INSTITUTION IN THIS STATE, THE ATTORNEY GENERAL WHENEVER  HE
OR  SHE  BELIEVES  FROM  EVIDENCE  SATISFACTORY  TO  HIM OR HER THAT ANY
PROPRIETARY INSTITUTION, WHETHER SUCH INSTITUTION MAINTAINS  A  PHYSICAL
PRESENCE  IN  THE  STATE OR ENROLLS NEW YORK STATE STUDENTS IN AN ONLINE
DISTANCE EDUCATION PROGRAM, OR AGENT OR EMPLOYEE THEREOF HAS ENGAGED  IN
OR  IS  ABOUT  TO  ENGAGE  IN  ANY OF THE ACTS OR PRACTICES DEEMED TO BE
UNLAWFUL UNFAIR UNDER THIS SECTION, THE ATTORNEY GENERAL  MAY  BRING  AN
ACTION  IN THE NAME AND ON BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK
TO ENJOIN SUCH UNLAWFUL UNFAIR ACTS OR PRACTICES, OBTAIN RESTITUTION  OF
ANY  MONEYS  OR  PROPERTY  OBTAINED  DIRECTLY  OR INDIRECTLY BY ANY SUCH
UNLAWFUL UNFAIR ACTS OR PRACTICES, AND/OR  OBTAIN  CIVIL  PENALTIES  FOR
VIOLATIONS  OF  THIS SECTION.   IN SUCH ACTION PRELIMINARY RELIEF MAY BE
GRANTED UNDER ARTICLE SIXTY-THREE OF THE CIVIL PRACTICE LAW AND RULES.

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

S5598A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §349-f, Gen Bus L

S5598A (ACTIVE) - Summary

Authorizes the attorney general to bring an action to enjoin unfair practices of proprietary institutions of higher education; defines unlawful unfair acts or practices.

S5598A (ACTIVE) - Sponsor Memo

S5598A (ACTIVE) - Bill Text download pdf


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

                                 5598--A
    Cal. No. 691

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 8, 2019
                               ___________

Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to  amend the general business law, in relation to unfair prac-
  tices of proprietary institutions of higher education

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

  Section 1. The general business law is amended by adding a new section
349-f to read as follows:
  § 349-F. PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION; UNLAWFUL UNFAIR
PRACTICES.  1.  FOR  PURPOSES OF THIS SECTION, "PROPRIETARY INSTITUTION"
SHALL BE DEFINED  AS  ANY  LICENSED  PRIVATE  CAREER  SCHOOL,  CERTIFIED
ENGLISH  AS A SECOND LANGUAGE SCHOOL, OR ONLINE EDUCATION MARKETPLACE AS
DEFINED IN ARTICLE ONE HUNDRED ONE OF THE EDUCATION LAW, OR A FOR-PROFIT
DEGREE-GRANTING INSTITUTION  APPROVED  PURSUANT  TO  THE  DEPARTMENT  OF
EDUCATION,  INCLUDING  ANY  SUCH INSTITUTION WITH A PHYSICAL PRESENCE IN
THE STATE OR ENROLLING NEW YORK STATE STUDENTS  IN  AN  ONLINE  DISTANCE
EDUCATION PROGRAM.
  2.  IN ADDITION TO THE PROTECTIONS AFFORDED TO CONSUMERS IN THIS ARTI-
CLE FOR STUDENTS THAT ARE ATTENDING OR AT ONE TIME ATTENDED  A  PROPRIE-
TARY  INSTITUTION IN THIS STATE, THE ATTORNEY GENERAL WHENEVER HE OR SHE
BELIEVES FROM EVIDENCE SATISFACTORY TO HIM OR HER THAT  ANY  PROPRIETARY
INSTITUTION  OR AGENT OR EMPLOYEE THEREOF HAS ENGAGED IN ANY OF THE ACTS
OR PRACTICES DEEMED TO BE UNFAIR UNDER THIS SECTION, THE ATTORNEY GENER-
AL MAY BRING AN ACTION IN THE NAME AND ON BEHALF OF THE  PEOPLE  OF  THE
STATE OF NEW YORK TO ENJOIN SUCH UNFAIR ACTS OR PRACTICES, OBTAIN RESTI-
TUTION  OF ANY MONEYS OR PROPERTY OBTAINED DIRECTLY OR INDIRECTLY BY ANY
SUCH UNFAIR  ACTS  OR  PRACTICES,  AND/OR  OBTAIN  CIVIL  PENALTIES  FOR

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

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