Bill Text: NY A08298 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to application for a waiver for entities providing certain professional services; provides that entities in existence as of the effective date of section 6503-a of the education law shall have until February 1, 2012 to apply for a waiver.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2011-07-21 - signed chap.187 [A08298 Detail]

Download: New_York-2011-A08298-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8298
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 10, 2011
                                      ___________
       Introduced  by M. of A. GLICK -- read once and referred to the Committee
         on Higher Education
       AN ACT to amend the education law, in  relation  to  application  for  a
         waiver  from  licensing  requirements  for  entities providing certain
         professional services
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  opening  paragraph of paragraph a and paragraph c of
    2  subdivision 1 of section 6503-a of the education law, as added by  chap-
    3  ter 130 of the laws of 2010, are amended to read as follows:
    4    Notwithstanding any laws to the contrary, except as provided in subdi-
    5  vision  two  of  this  section,  a not-for-profit corporation formed for
    6  charitable, educational, or religious purposes or other similar purposes
    7  deemed acceptable by the department;  or  an  education  corporation  as
    8  defined  in  subdivision  one  of  section two hundred sixteen-a of this
    9  chapter may provide the following services,  provided  that,  except  as
   10  otherwise provided in paragraph b of this subdivision, the entity was in
   11  existence prior to the effective date of this section and has [obtained]
   12  APPLIED TO THE DEPARTMENT FOR a waiver [issued by the department] pursu-
   13  ant to this section by no later than [July] FEBRUARY first, two thousand
   14  twelve:
   15    c.  [Within  one  hundred  twenty  days  after] AFTER the commissioner
   16  prescribes the application form and posts notice of its availability  on
   17  the  department's  website,  any entity described in paragraph a of this
   18  subdivision providing services on the effective date  of  this  section,
   19  must  apply  for  a  waiver  NO  LATER THAN FEBRUARY FIRST, TWO THOUSAND
   20  TWELVE.  Upon submission of [such] AN application, [the] AN  entity  may
   21  continue  to  operate  and  provide  services until the department shall
   22  either deny or approve the entity's application.  After  the  department
   23  renders  a timely initial determination that the applicant has submitted
   24  the information necessary to verify that the requirements of  paragraphs
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13086-01-1
       A. 8298                             2
    1  d,  e, and f of this subdivision are satisfied, applications for waivers
    2  shall be approved or denied within ninety days; provided  however,  that
    3  if  the  waiver  application  is denied the entity shall cease providing
    4  professional  services,  pursuant to paragraph a of this subdivision, in
    5  the state of New York.
    6    S 2. This act shall take effect immediately.