This bill has been amended

Bill S4914A-2013

Requires colleges, vocational institutions and other approved programs to provide credits or exemptions for comparable military training

Requires colleges, vocational institutions and other approved programs to provide credits or exemptions for comparable military training; provides for expedited application for admission to the practice of a profession by a veteran or a veteran's spouse; relates to motor vehicle inspector certification and mechanic qualifications, certification of responder or emergency medical technicians, licensure of master electricians and plumber certification.

Details

Actions

  • Jun 4, 2013: ADVANCED TO THIRD READING
  • Jun 3, 2013: 2ND REPORT CAL.
  • May 30, 2013: 1ST REPORT CAL.934
  • May 10, 2013: PRINT NUMBER 4914A
  • May 10, 2013: AMEND (T) AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • May 1, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - May 30, 2013
Ayes (9): Ball, Carlucci, Flanagan, Grisanti, Larkin, Addabbo, Avella, Sanders, Tkaczyk
Ayes W/R (4): Golden, Griffo, Zeldin, Gipson

Memo

BILL NUMBER:S4914A

TITLE OF BILL: An act to amend the education law, in relation to granting academic credit at state operated institutions of the state university of New York and the senior colleges of the city university of New York to veterans; and to amend the education law, the judiciary law, the general business law, the vehicle and traffic law, the public health law, the county law and the general city law, in relation to licensure and certification for military training

PURPOSE:

To require colleges, vocational institutions and other approved programs to provide credits or exemptions for comparable military training.

SUMMARY OF PROVISIONS:

Sections 1, 2 and 3: Section 6505-c of the education law, section 6501 of the education law, and section 464-a of the judiciary law respectively, are amended to require a college, vocational institution or other approved program that issues licenses or certificates for professional training to provide credits or exemptions to applicants who have received such training previously during his or her military service.

Section 4. The judiciary law is amended by adding a new article 464-A: any applicant for admission on motion who was a member of the armed forces of the United States, national guard or reserves may submit satisfactory evidence of licensure to practice as an attorney in any other state, territory, protectorate or dependency of the United States in lieu of any other submissions required by the rules of the court, provided that such license or training and practice was conducted in compliance with standards which were in the judgment of the court of appeals, not lower than those of this state.

Section 5. The general business law is amended by adding a new article 2-A: any applicant who was a member of the armed forces, national guard or reserves may submit satisfactory evidence of licensure, certification or registration to practice an equivalent occupation issued by any other state in lieu of other requirements for the particular profession.

Section 6. Subdivision e of section 304-a of the vehicle and traffic law is amended to allow any person who was a member of the armed forces, national guard or reserves and who by military training and practice acquired the skills of a motor vehicle inspector shall be certified by the commissioner as an inspector.

Section 7. Section 398-d of the vehicle and traffic law is amended by adding a new subdivision 8 to allow any person with military training and practice as a motor vehicle mechanic to be deemed qualified to perform work upon motor vehicles at motor vehicle repair shops.

Section 8. Subdivision 2 of section 3002 of the public health law is amended to allow any person with military training and practice as a

corpsman or medic to be certified without examination as a first responder or emergency medical technician.

Section 9. Subdivision 1 of section 236-a of the county law is amended to allow any person with military training and practice as an electrician to be licensed without examination as a master electrician,

Section 10. Section 45 of the general city law is amended to allow any person with military training or practice of a plumber to be certified as competent without examination.

Section 11 is the effective date.

JUSTIFICATION:

Recently discharged military service members are frequently delayed in obtaining post-Service employment, even though they have applicable military education, training and experience which can qualify them for licenses and/or provide academic credit toward degree requirements. The Department of Defense of Military Services provide each Service member a transcript of their experience and training; however, these transcripts are not always adequate for civilian institutions to assess for possible academic credit and by licensing boards to assess for license requirements. This bill would allow Service members to obtain credit toward occupational licenses based on their military education, training and experience

LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the date on which it shall have become law; provided, that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be amended, added and/or repealed on or before such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 4914--A 2013-2014 Regular Sessions IN SENATE May 1, 2013 ___________
Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to granting academic credit at state operated institutions of the state university of New York and the senior colleges of the city university of New York to veterans; and to amend the education law, the judiciary law, the general business law, the vehicle and traffic law, the public health law, the county law and the general city law, in relation to licensure and certification for military training THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 669-e to read as follows: S 669-E. COURSE CREDIT FOR VETERANS. 1. FOR PURPOSES OF THIS SECTION, THE TERM "VETERAN" MEANS A PERSON, MALE OR FEMALE, RESIDENT OF THIS STATE, WHO HAS SERVED IN THE ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES DURING A WAR IN WHICH THE UNITED STATES ENGAGED AND WHO HAS BEEN RELEASED FROM SUCH SERVICE BY ANY MEANS OTHER THAN BY DISHONOR- ABLE DISCHARGE, OR WHO HAS BEEN FURLOUGHED TO THE RESERVE. 2. EVERY VETERAN WHO IS ENROLLED ON A FULL-TIME BASIS AS AN UNDERGRAD- UATE STUDENT IN GOOD STANDING, AT AN INSTITUTION WITHIN THE STATE UNIVERSITY SYSTEM, SHALL UPON APPLICATION BE GRANTED UP TO SIX ACADEMIC CREDITS PER YEAR AND SIXTY CREDITS IN THE AGGREGATE TOWARDS HIS OR HER DEGREE FOR COMPLETION OF COURSES THAT WERE PART OF SUCH VETERAN'S MILI- TARY TRAINING OR SERVICE IF THE COMPLETED COURSES MEET THE STANDARDS OF THE AMERICAN COUNCIL ON EDUCATION OR ITS EQUIVALENT FOR THE AWARDING OF ACADEMIC CREDITS. NO FEE, TUITION OR OTHER CHARGE SHALL BE ASSESSED AGAINST A VETERAN WHO QUALIFIES FOR SUCH CREDIT PURSUANT TO THIS SECTION.
3. THE BOARDS OF TRUSTEES OF THE STATE UNIVERSITY AND THE CITY UNIVER- SITY OF NEW YORK SHALL ADOPT SUCH PROCEDURES AS ARE NECESSARY TO FULLY IMPLEMENT THE PROVISIONS OF THIS SECTION. S 2. Section 6505-c of the education law is amended by adding three new subdivisions 5, 6 and 7 to read as follows: 5. NOTWITHSTANDING ANY PROVISION OF LAW OR REGULATION TO THE CONTRARY, A COLLEGE, VOCATIONAL INSTITUTION OR OTHER APPROVED PROGRAM THAT ISSUES LICENSES OR CERTIFICATES FOR WHICH PROFESSIONAL TRAINING, SCHOOLING OR APPRENTICESHIP IS REQUIRED SHALL PROVIDE CREDITS OR EXEMPTIONS FROM REQUIREMENTS TOWARD LICENSURE OR CERTIFICATION FOR ANY APPLICANT TO AN APPROVED PROGRAM WHO HAS RECEIVED TRAINING WHICH APPEARS ON SUCH LISTS. 6. AN APPLICANT TO A COLLEGE, VOCATIONAL INSTITUTION OR OTHER APPROVED PROGRAM SHALL NOT BE REQUIRED TO REPEAT ANY TRAINING WHICH APPEARS ON SUCH LISTS IN ORDER TO MEET THE REQUIREMENTS FOR LICENSURE OR CERTIF- ICATION. CREDITS OR EXEMPTIONS FROM REQUIREMENTS TOWARD LICENSES OR CERTIFICATES AWARDED BY A COLLEGE SHALL BE GRANTED IN A MANNER CONSIST- ENT WITH (A) GUIDELINES ESTABLISHED BY THE AMERICAN COUNCIL ON EDUCA- TION, (B) THE CONSTITUENT UNITS' TRANSFER CREDIT POLICIES, AND (C) SECTIONS 21.4253 AND 21.4254 OF TITLE THIRTY-EIGHT OF THE CODE OF FEDER- AL REGULATIONS. 7. FOR PURPOSES OF THIS SECTION, "COLLEGE", "VOCATIONAL INSTITUTION" AND "APPROVED PROGRAM" SHALL HAVE THE SAME MEANINGS AS SET FORTH IN SUBDIVISIONS TWO, THREE AND FOUR OF SECTION SIX HUNDRED ONE OF THIS CHAPTER, RESPECTIVELY. S 3. Section 6501 of the education law, as amended by chapter 81 of the laws of 1995, is amended to read as follows: S 6501. Admission to a profession (licensing). Admission to practice of a profession in this state is accomplished by a license being issued to a qualified applicant by the education department. To qualify for a license an applicant shall meet the requirements prescribed in the arti- cle for the particular profession and shall meet the requirements prescribed in section 3-503 of the general obligations law; PROVIDED THAT, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY APPLI- CANT WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT SATISFACTORY EVIDENCE OF LICENSURE TO PRAC- TICE AN EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY, PROTECTORATE OR DEPENDENCY OF THE UNITED STATES, OR OF PROFESSIONAL TRAINING AND PRACTICE IN THE ARMED FORCES OF THE UNITED STATES IN LIEU OF THE SUBMISSIONS REQUIRED BY THE ARTICLE OF THIS CHAPTER FOR THE PARTICULAR PROFESSION, PROVIDED THAT SUCH LICENSE WAS GRANTED OR TRAIN- ING AND PRACTICE CONDUCTED IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE JUDGMENT OF THE BOARD OF REGENTS, NOT LOWER THAN THOSE OF THIS STATE. S 4. The judiciary law is amended by adding a new section 464-a to read as follows: S 464-A. ADMISSION ON MOTION; MILITARY TRAINING. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY APPLICANT FOR ADMISSION ON MOTION WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT SATISFACTORY EVIDENCE OF LICENSURE TO PRAC- TICE AS AN ATTORNEY IN ANY OTHER STATE, TERRITORY, PROTECTORATE OR DEPENDENCY OF THE UNITED STATES, OR OF PROFESSIONAL TRAINING AND PRAC- TICE, IN THE ARMED FORCES OF THE UNITED STATES IN LIEU OF ANY OTHER SUBMISSIONS REQUIRED BY THE RULES OF THE COURT, PROVIDED THAT SUCH LICENSE OR TRAINING AND PRACTICE WAS CONDUCTED IN COMPLIANCE WITH STAND- ARDS WHICH WERE IN THE JUDGMENT OF THE COURT OF APPEALS, NOT LOWER THAN THOSE OF THIS STATE.
S 5. The general business law is amended by adding a new article 2-A to read as follows: ARTICLE 2-A ADMISSION TO A PROFESSION SECTION 20. ADMISSION TO A PROFESSION; LICENSING, CERTIFICATION OR REGISTRATION. S 20. ADMISSION TO A PROFESSION; LICENSING, CERTIFICATION OR REGISTRA- TION. ADMISSION TO PRACTICE OF A PROFESSION GOVERNED BY THIS CHAPTER IN THIS STATE IS ACCOMPLISHED, WHERE REQUIRED, BY A LICENSE, CERTIFICATION OR CERTIFICATE OF REGISTRATION BEING ISSUED TO A QUALIFIED APPLICANT BY THE SECRETARY OF STATE. TO QUALIFY FOR A LICENSE, CERTIFICATION OR CERTIFICATE OF REGISTRATION AN APPLICANT SHALL MEET THE REQUIREMENTS PRESCRIBED IN THE ARTICLE FOR THE PARTICULAR PROFESSION AND SHALL MEET THE REQUIREMENTS PRESCRIBED IN SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW; PROVIDED THAT, NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE CONTRARY, ANY APPLICANT WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT SATISFACTORY EVIDENCE OF LICENSURE, CERTIFICATION OR REGISTRATION TO PRACTICE AN EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY, PROTECTORATE OR DEPENDENCY OF THE UNITED STATES, OR OF PROFESSIONAL TRAINING AND PRACTICE IN THE ARMED FORCES OF THE UNITED STATES IN LIEU OF THE SUBMISSIONS REQUIRED BY THE ARTICLE OF THIS CHAPTER FOR THE PARTICULAR PROFESSION, PROVIDED THAT SUCH LICENSE, CERTIFICATION OR CERTIFICATE OF REGISTRATION WAS GRANTED OR TRAINING AND PRACTICE CONDUCTED IN COMPLI- ANCE WITH STANDARDS WHICH WERE, IN THE JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE. S 6. Subdivision (c) of section 304-a of the vehicle and traffic law, as added by chapter 61 of the laws of 1989, is amended to read as follows: (c) The commissioner may, by regulation, establish standards of compe- tency and fitness for certification as an inspector; PROVIDED, HOWEVER, THAT ANY PERSON WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES AND WHO BY MILITARY TRAINING AND PRACTICE ACQUIRED THE SKILLS OF A MOTOR VEHICLE INSPECTOR SHALL BE CERTIFIED BY THE COMMISSIONER AS AN INSPECTOR. S 7. Section 398-d of the vehicle and traffic law is amended by adding a new subdivision 8 to read as follows: 8. EVERY PERSON WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES AND WHO BY MILITARY TRAINING AND PRACTICE ACQUIRES THE SKILLS OF A MOTOR VEHICLE MECHANIC SHALL BE DEEMED TO BE QUALIFIED TO PERFORM WORK UPON MOTOR VEHICLES AT MOTOR VEHICLE REPAIR SHOPS. S 8. Subdivision 2 of section 3002 of the public health law, as amended by chapter 580 of the laws of 2007, is amended to read as follows: 2. The state council shall have the power, by an affirmative vote of a majority of those present, subject to approval by the commissioner, to enact, and from time to time, amend and repeal, rules and regulations establishing minimum standards for ambulance services, ambulance service certification, advanced life support first response services, the provision of prehospital emergency medical care, public education, the development of a statewide emergency medical services system, the provision of ambulance services outside the primary territory specified in the ambulance services' certificate and the training, examination, and certification of certified first responders, emergency medical tech- nicians, and advanced emergency medical technicians; provided, however,
that such minimum standards must be consistent with the staffing stand- ards established by section three thousand five-a of this article. Such training shall be made available by video or computer to the maximum extent possible. [Until January first, nineteen hundred ninety-seven, no minimum standards shall be established for services provided by a volun- tary ambulance service operating solely pursuant to a statement of registration issued under section three thousand four.] The curriculum for certified first responder training shall not exceed fifty-one hours including prerequisites. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRARY, ANY PERSON WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES AND WHO BY MILITARY TRAINING AND PRACTICE WAS A MEDIC OR CORPSMAN SHALL BE CERTIFIED, WITH- OUT EXAMINATION, BY THE STATE COUNCIL AND REGIONAL COUNCILS AS A FIRST RESPONDER OR EMERGENCY MEDICAL TECHNICIAN. The state council shall have the same powers granted to regional councils by this article in any region of the state in which a regional council has not been estab- lished. S 9. Subdivision 1 of section 236-a of the county law, as amended by chapter 343 of the laws of 2008, is amended to read as follows: 1. Notwithstanding the provisions of the general city law or any other law to the contrary, the counties of Dutchess and Westchester are each hereby authorized to establish a county board of examiners for master electricians and to empower such board to assume all licensing duties within each such county with respect to the licensure of master electri- cians. PROVIDED, THAT SUCH COUNTIES SHALL PROVIDE FOR THE LICENSING, WITHOUT EXAMINATION, AS A MASTER ELECTRICIAN OF ANY PERSON WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES AND WHO BY MILITARY TRAINING AND PRACTICE ACQUIRED THE SKILLS OF AN ELECTRICIAN. The counties of Dutchess and Westchester shall provide for master electrician's duties and responsibilities in accord- ance with the local law of each such county. S 10. Section 45 of the general city law is amended to read as follows: S 45. Examinations; conducting business without certificate prohibit- ed. A person desiring or intending to conduct the trade, business or calling of a plumber or of plumbing in a city of this state as employing or master plumber, shall be required to submit to an examination before such examining board of plumbers as to his experience and qualifications for such trade, business or calling, and it shall not be lawful in any city of this state for a person to conduct such trade, business or call- ing, unless he shall have first obtained a certificate of competency from such board of the city in which he conducts or proposes to conduct such business. PROVIDED, HOWEVER, THAT ANY PERSON WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES AND WHO BY MILITARY TRAINING AND PRACTICE ACQUIRED THE SKILLS OF A PLUMBER SHALL BE CERTIFIED AS COMPETENT WITHOUT EXAMINATION. S 11. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law, except that section one of this act shall take effect on the first of July next succeeding the date on which it shall have become a law; provided, that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be amended, added and/or repealed on or before such date.

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