HOUSES0456B0451A01922 AMENDEDBIL:CDM PRIOR06/11/19 PRINTER'S#90 NOS.A01922 AMENDMENTS TO SENATE BILL NO.

451,456 1056Sponsor: PRINTER'S NO.

1266SENATOR THEBARTOLOTTA GENERALPrinter's ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

456451 2019Amend INTRODUCEDBill, BYpage BARTOLOTTA,1, BREWSTER,lines FONTANA,5 VOGELand AND6, REGAN,by MARCHstriking 19,out 2019"and ASfor REPORTEDlicense" FROMin COMMITTEEline ON5 EDUCATION,and HOUSEall OFof REPRESENTATIVES,line AS6 AMENDED,and OCTOBERinserting 21,, 2019for ANState ACTBoard Amendingof thePrivate actLicensed ofSchools, Decemberfor 15,powers 1986and (P.L.1585,duties No.174),of entitledboard, "Anfor actapplication definingfor andlicense, providing for thelicense licensingfees and offor Privaterequirements Licensedfor Schools;licensure and operation;

imposing penalties;

and making repeals," further providing for definitions, for State Board of Private Licensed Schools, for powers and duties of board, for application for license, for license fees and for requirements for licensure and operation;

TheAmend GeneralBill, Assemblypage of1, thelines Commonwealth9 ofthrough Pennsylvania20; hereby enacts as follows:

Sectionpage 1.2, lines 1 through 23;

by striking out all of said lines on said pages and inserting Section 1.

2019/90BIL/SB0456A01922 - 1 - (3) The number of tuition-paid students enrolled at each facility does not exceed 50 per class.

The term does not include 20190SB0456PN1266 - 2 - independent study or instruction which is not instructor led.

conferring powers and imposing duties on the State Board of Private 20190SB0456PN1266 - 3 - Academic Schools;

a 2019/90BIL/SB0456A01922 - 2 - school of cosmetology;

The board shall consist of 15 members, 14 of whom shall be appointed by 20190SB0456PN1266 - 4 - the secretary.

2019/90BIL/SB0456A01922 - 3 - * * * [(b) Disposition of student records.--The board shall require every applicant for initial or renewal licensure to provide a written statement describing arrangements for 20190SB0456PN1266 - 5 - disposition of student records in the event of closure.

(4) A third party centralized repository shall be required to submit to the board a plan of succession to 20190SB0456PN1266 - 6 - protect and provide service for student records in the event the centralized repository ceases operation.

and (iii) submitted to the Legislative Reference Bureau for publication as a notice in the Pennsylvania Bulletin 2019/90BIL/SB0456A01922 - 4 - the date the centralized repository is accepting student records.

Sections 7(a)(3) and (4) and 10(b) of the act are 20190SB0456PN1266 - 7 - amended to read:

20190SB0456PN1266 - 8 - Section 12.

If a school is planning to close or if the school faces a situation that could result in closure, the school must provide the board with a teach-out plan, a list of all current 2019/90BIL/SB0456A01922 - 5 - students with contact information and copies of current student transcripts for students who are currently enrolled.

Amend Bill, page 3, line 6, by striking out all of said line and inserting Section 13.1.13.2.

Multibranch training schools.

(a) Board approval.--A licensed school shall receive approval from the board prior to opening a branch facility within this Commonwealth.

To receive approval under this subsection, the licensed school must:

(1) Have been operational for two years prior to requesting approval.

(2) Be in good standing with the board.

(b) Geographical limitations.--A licensed school may only operate a branch facility in a county contiguous to the licensed 20190SB0456PN1266 - 9 - school or within less than a 60-mile radius of the licensed school.

Section 13.2.

<-- SECTION 7.

SECTIONS 14 AND 15(B) OF THE ACT ARE AMENDED TO <-- READ:

[The rules and regulations of the State Board of Private Business Schools, the State Board of Private Correspondence Schools and the State Board of Private Trade Schools in force on the effective date of this act, and not countermanded by this act, shall remain in effect until repealed or amended by the board, but not for a period of more than one year.] SECTIONSection 15.8.

PENALTIES.

<-- * * * (B) CIVIL PENALTY.--[IN] (1) SUBJECT TO PARAGRAPH (2), IN ADDITION TO ANY OTHER PENALTY PROVIDED IN THIS ACT, THE BOARD MAY, BY A MAJORITY VOTE OF ITS STATUTORILY AUTHORIZED MEMBERSHIP, LEVY A CIVIL PENALTY OF UP TO [$1,000] $2,500 ON ANY LICENSEE WHO VIOLATES ANY PROVISION OF THIS ACT OR ANY PERSON WHO OPERATES A PRIVATE LICENSED SCHOOL WITHOUT BEING PROPERLY LICENSED UNDER THIS ACT.

A CIVIL PENALTY MAY ONLY BE ASSESSED ONCE PER VIOLATION.

PRIOR TO THE COLLECTION OF THE PENALTY, THE LICENSEE OR PERSON SHALL HAVE ACCESS TO THE HEARING PROCEDURE PROVIDED IN TITLE 2 OF THE PENNSYLVANIA CONSOLIDATED STATUTES 20190SB0456PN1266 - 10 - (RELATING TO ADMINISTRATIVE LAW AND PROCEDURE).

(2) THE BOARD MAY REVISE THE AMOUNT OF THE CIVIL PENALTY IMPOSED UNDER PARAGRAPH (1) BY REGULATION.

ANY INCREASE TO THE CIVIL PENALTY UNDER THIS PARAGRAPH SHALL BE REASONABLE AND REQUIRED TO DETER VIOLATIONS OF THIS ACT.

Section 8.

(1) The repeal of section 4(b) of the act shall take 2019/90BIL/SB0456A01922 - 6 - effect on the date specified in the notice published under section 4(b.1)(7)(iii) of the act.

(2) The remainder of this act shall take effect in 60 20190SB0456PN1266 - 11 - days.