Bill Details - SB442 (2018)

CHAPTER 136

SB 442 - FINAL VERSION

 

 

2018 SESSION

18-2868

04/08

 

SENATE BILL 442

 

AN ACT relative to surety indemnification requirements for private postsecondary career schools.

 

SPONSORS: Sen. Kahn, Dist 10; Sen. Watters, Dist 4; Rep. Myler, Merr. 10; Rep. Gile, Merr. 27

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill amends the surety bond required of a private postsecondary career school and establishes a procedure for license suspension.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2868

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to surety indemnification requirements for private postsecondary career schools.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

136:1  Private Postsecondary Career Schools; Surety Indemnification.  Amend RSA 188-G:3, II to read as follows:

II.  [The amount of such bond shall be based on income from tuition at 10 percent of gross tuition, with a $10,000 minimum.]  A private postsecondary career school shall secure a bond in an amount sufficient to reimburse the tuition of any student contract which cannot be fulfilled, and taking into account the number of students or potential students to be reimbursed and the expenses for investigating and processing claims.  The bond shall not be less than $10,000.  If a school licensed under RSA 188-G:2 should fail to provide the services required in a contract with any entity, as determined by a court of competent jurisdiction, the bond shall be forfeited, and the proceeds distributed by the director in such manner as justice and the circumstances require.

136:2  New Section; Private Postsecondary Career Schools; Suspension.  Amend RSA 188-G by inserting after section 5 the following new section:

188-G:5-a  Suspension; Hearing.  The commissioner of the department of education may, after due notice and failure by a career school to remediate noncompliance with rules adopted pursuant to this chapter, suspend the license of any school licensed pursuant to RSA 188-G:2 for a period of not more than 90 days, until such time as a hearing before the commission can be held.  The commissioner may impose interim conditions of operation which shall apply during the period of suspension.  The commission may, after due notice and hearing, suspend the license of any school licensed pursuant to RSA 188-G:2 for a period of time to be determined by the commission.  

136:3  Private Postsecondary Career Schools; Revocation.  Amend RSA 188-G:6 to read as follows:

188-G:6  Revocation; Hearing.  The commission may, after due notice and hearing, revoke the license of any school licensed pursuant to RSA 188-G:2 for violating the provisions of this chapter or rules adopted hereunder.  A revocation pursuant to this section shall be permanent.  The provisions of RSA 541 shall apply to actions taken pursuant to this section.

136:4  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: May 30, 2018

Effective Date: July 29, 2018

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Education; SJ 1
Jan. 30, 2018 Hearing: 01/30/2018, Room 103, LOB, 09:00 am; SC 2
Feb. 15, 2018 Committee Report: Ought to Pass, 02/15/2018; Vote 5-0; CC SC 7
Feb. 15, 2018 Ought to Pass: MA, VV; OT3rdg; 02/15/2018; SJ 4
March 7, 2018 Introduced 03/07/2018 and referred to Education HJ 7 P. 51
March 27, 2018 Public Hearing: 03/27/2018 10:30 AM LOB 207
April 3, 2018 Executive Session: 04/03/2018 LOB 207
Committee Report: Ought to Pass (Vote 19-0; CC)
April 12, 2018 Committee Report: Ought to Pass for 04/12/2018 (Vote 19-0; CC) HC 14 P. 3
April 12, 2018 Ought to Pass: MA VV 04/12/2018 HJ 12 P. 2
April 26, 2018 Enrolled 04/26/2018
April 26, 2018 Enrolled (In recess 04/26/2018); SJ 15
May 30, 2018 Signed by the Governor on 05/30/2018; Chapter 0136; Effective 07/29/2018

Action Dates

Date Body Type
Jan. 30, 2018 Senate Hearing
Feb. 15, 2018 Senate Floor Vote
March 27, 2018 House Hearing
April 3, 2018 House Exec Session
House Floor Vote
April 12, 2018 House Floor Vote

Bill Text Revisions

SB442 Revision: 2800 Date: Dec. 20, 2017, 12:15 p.m.
SB442 Revision: 3461 Date: April 13, 2018, 9:11 a.m.
SB442 Revision: 4053 Date: May 31, 2018, 4:07 p.m.