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Assembly Bill A3316

2021-2022 Legislative Session

Relates to unlawful unfair practices of proprietary institutions of higher education

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Archive: Last Bill Status - In Assembly Committee

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2021-A3316 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §349-g, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
A7965

2021-A3316 (ACTIVE) - Summary

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

2021-A3316 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3316
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Consumer Affairs and 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-g to read as follows:
   § 349-G. 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.

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