BILL NO A08532
Add Art 167 SS8800 - 8802, Ed L
Requires licensure for the paralegal profession.
TITLE OF BILL:
to amend the education law, in relation to requiring licensure for
the paralegal profession
PURPOSE OR GENERAL IDEA OF THE BILL:
Requiring licensure for the paralegal profession.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: The education law is amended by adding a new article 167 to
read as follows; the board of regents upon the recommendation of the
commissioner shall establish a program to require the licensure of
paralegals practicing in this state. The program shall define the
scope of paralegal practice, establish license application fees and
license renewal fees and create an independent board to adopt rules
Every year more and more attorneys are allowing their paralegals to
work extensively on important and complex cases: Cases that impact
the life of their clients and other people involved. Some of these
paralegals tend to commit errors that could lead to nightmares for
the clients. This legislation would require paralegal to have the
qualification necessary in order to provide improved and more
professional services to clients of attorneys.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
This act shall take effect on July 1, 2011.
S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N A S S E M B L Y
July 13, 2011
Introduced by M. of A. N. RIVERA -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to requiring licensure
for the paralegal profession
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The education law is amended by adding a new article 167 to
2 read as follows:
3 ARTICLE 167
5 SECTION 8800. INTRODUCTION.
6 8801. PARALEGAL PROGRAM.
7 8802. USE OF THE TITLE "PARALEGAL".
8 S 8800. INTRODUCTION. THIS ARTICLE APPLIES TO THE PARALEGAL PROFES-
9 SION. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
10 ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
11 S 8801. PARALEGAL PROGRAM. 1. THE BOARD OF REGENTS UPON THE RECOMMEN-
12 DATION OF THE COMMISSIONER SHALL ESTABLISH A PROGRAM TO REQUIRE THE
13 LICENSURE OF ALL PARALEGALS PRACTICING IN THIS STATE.
14 2. THE PROGRAM SHALL: (A) DEFINE THE SCOPE OF PARALEGAL PRACTICE;
15 PROVIDE MANDATORY MINIMUM STANDARDS AND PROCEDURES FOR INITIAL QUALI-
16 FICATIONS; AND PROVIDE REQUIREMENTS FOR CONTINUING EDUCATION, CERTIF-
17 ICATION, AND PROFESSIONAL CONDUCT;
18 (B) ESTABLISH LICENSE APPLICATION FEES AND LICENSE RENEWAL FEES, WHICH
19 SHALL NOT EXCEED ONE HUNDRED DOLLARS EACH. THE REVENUES GENERATED FROM
20 SUCH FEES SHALL BE USED SOLELY TO ADMINISTER THE PROGRAM AND SHALL BE
21 SET AT A LEVEL THAT DOES NOT EXCEED THE AMOUNT NECESSARY TO ENSURE THE
22 CONTINUED OPERATION OF THE PROGRAM; AND
23 (C) CREATE AN INDEPENDENT BOARD TO ADOPT RULES AND REGULATIONS, ESTAB-
24 LISH PROCEDURES, AND ASSIST THE BOARD IN ADMINISTERING THIS SECTION.
25 S 8802. USE OF THE TITLE "PARALEGAL". ONLY A PERSON LICENSED UNDER
26 THIS ARTICLE SHALL USE THE TITLE "PARALEGAL".
27 S 2. This act shall take effect on July 1, 2011.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.