Bill S5205-2013

Provides for the licensing of the spouse of military personnel with out of state professional licenses

Authorizes licensing of military spouses with out-of-state licenses in equivalent occupations.

Details

Actions

  • Jun 11, 2014: referred to higher education
  • Jun 11, 2014: DELIVERED TO ASSEMBLY
  • Jun 11, 2014: PASSED SENATE
  • May 5, 2014: ADVANCED TO THIRD READING
  • Apr 30, 2014: 2ND REPORT CAL.
  • Apr 29, 2014: 1ST REPORT CAL.437
  • Jan 8, 2014: REFERRED TO HIGHER EDUCATION
  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 4, 2013: ADVANCED TO THIRD READING
  • Jun 3, 2013: 2ND REPORT CAL.
  • May 30, 2013: 1ST REPORT CAL.908
  • May 14, 2013: REFERRED TO HIGHER EDUCATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Higher Education - May 30, 2013
Ayes (18): LaValle, Flanagan, Gallivan, Griffo, Grisanti, Maziarz, Ritchie, Robach, Savino, Seward, Valesky, Stavisky, Kennedy, Krueger, Parker, Rivera, Serrano, Espaillat
Ayes W/R (1): Zeldin
VOTE: COMMITTEE VOTE: - Higher Education - Apr 29, 2014
Ayes (16): LaValle, Flanagan, Gallivan, Griffo, Grisanti, Maziarz, Ritchie, Robach, Savino, Seward, Valesky, Kennedy, Krueger, Parker, Serrano, Espaillat
Ayes W/R (3): Zeldin, Stavisky, Rivera

Memo

BILL NUMBER:S5205                REVISED 4/24/14

TITLE OF BILL: An act to amend the education law, the general business law, the insurance law and the real property law, in relation to licensing of military spouses with out-of-state licenses in equivalent occupations

PURPOSE: To provide for the licensing of the spouse of military personnel with out of state professional licenses.

SUMMARY OF PROVISIONS:

Section One - Section 6501 of the education law, as amended by chapter 81 of the laws of 1995, is amended to allow any applicant who is the spouse of a member of the armed forces of the United States, national guard or reserves to submit evidence of licensure to practice an equivalent occupation issued by any other state, territory, protectorate or dependency of the United States in lieu of the submissions required.

Section Two - The general business law is amended by adding a new article 2-A which states any applicant who is the spouse of a member of the armed forces of the United States, national guard or reserves may submit evidence of licensure, certification or registration to practice an equivalent occupation issued by any other state in lieu of other submissions required.

Section Three - Subsection (d) of section 2136 of the insurance law, as added by chapter 687 of the laws of 2003, is amended to include the spouse of a member of the armed forces of the United States, national guard or reserves.

Section Four - Section 442-g of the real property law is amended by adding a new subdivision 1a to include specific residency matters pertaining to real estate licenses of military spouses.

Section Five - Section 444-e of the real property law is amended by adding a new subdivision 2a to allow any applicant for license who is a spouse of a member of the armed forces of the United States, national guard or reserves to submit a signed affidavit to provide satisfactory verifying evidence of licensure to practice an equivalent occupation issued by any other state, in lieu of the evidence of education, experience and examination required. The secretary has the authority to issue a license or find reasonable cause that the applicant falsely affirmed verification and suspend or revoke said license.

Section Six - is the severability clause.

Section Seven - This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

JUSTIFICATION: According to the USA4 Military Families website, many occupations require a state license, often with state-specific conditions and processes, which can cause lengthy reemployment delays for military spouses moving between states. These delays and the expense of re-licensure cause many military spouses to not practice in their professions. Through collaborative efforts with 27 states, the Department of Defense has collected best practices that can reduce the time required for a military spouse to transfer a current license when entering a new state. These practices do not impact the standards of the state, still require military spouses to fully qualify within their occupations, and can be implemented at little or no cost to the state. This legislation allows New York State to modify licensing requirements and processes, which would otherwise impede qualified military spouses from becoming employed following a military move to a new state.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: None too State.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 5205 2013-2014 Regular Sessions IN SENATE May 14, 2013 ___________
Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, the general business law, the insur- ance law and the real property law, in relation to licensing of mili- tary spouses with out-of-state licenses in equivalent occupations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 IS THE SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT A SIGNED AFFIDAVIT TO ACCOMPANY THE APPLICATION FOR LICENSURE, STATING THAT THE ENTRIES IN THE APPLICATION ARE TRUE AND ACCURATE, AND THAT DOCUMENTATION HAS BEEN REQUESTED PROVIDING SATISFACTORY VERIFYING EVIDENCE OF LICENSURE TO PRACTICE AN EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY, PROTECTORATE OR DEPENDENCY OF THE UNITED STATES IN LIEU OF THE SUBMISSIONS REQUIRED BY THE ARTICLE OF THIS CHAPTER FOR THE PARTICULAR PROFESSION. THE BOARD OF REGENTS SHALL ISSUE A LICENSE BASED ON THE APPLICATION, PROVIDED THAT THE ENTRIES IN SUCH APPLICATION SHOW THAT SUCH LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE JUDGEMENT OF THE BOARD OF REGENTS, NOT LOWER THAN THOSE OF THIS STATE. IF THE BOARD FINDS REASONABLE CAUSE TO BELIEVE THAT THE APPLICANT FALSE- LY AFFIRMED OR STATED THAT THE APPLICANT HAS REQUESTED VERIFICATION FROM
ANOTHER STATE OR STATES, THE BOARD MAY SUMMARILY SUSPEND THE LICENSE PENDING FURTHER ACTION TO DISCIPLINE OR REVOCATION OF THE LICENSE. S 2. 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 IS THE SPOUSE OF A MEMBER OF THE ARMED FORC- ES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT A SIGNED AFFIDAVIT TO ACCOMPANY THE APPLICATION FOR LICENSURE, CERTIFICATION OR REGISTRATION, STATING THAT THE ENTRIES IN THE APPLICATION ARE TRUE AND ACCURATE, AND THAT DOCUMENTATION HAS BEEN REQUESTED PROVIDING SATISFAC- TORY VERIFYING EVIDENCE OF LICENSURE, CERTIFICATION OR REGISTRATION TO PRACTICE AN EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY, PROTECTORATE OR DEPENDENCY OF THE UNITED STATES IN LIEU OF THE SUBMISSIONS REQUIRED BY THE ARTICLE OF THIS CHAPTER FOR THE PARTICULAR PROFESSION. THE SECRETARY SHALL ISSUE A LICENSE, CERTIFICATE OR REGIS- TRATION BASED ON THE APPLICATION, PROVIDED THE ENTRIES IN SUCH APPLICA- TION SHOW THAT SUCH LICENSE, CERTIFICATION OR CERTIFICATE OF REGISTRA- TION WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE. IF THE SECRETARY OF STATE FINDS REASONABLE CAUSE TO BELIEVE THAT THE APPLICANT FALSELY AFFIRMED OR STATED THAT THE APPLICANT HAS REQUESTED VERIFICATION FROM ANOTHER STATE OR STATES, THE SECRETARY MAY SUMMARILY SUSPEND THE LICENSE, CERTIFICATE OR REGISTRATION PENDING FURTHER ACTION TO DISCI- PLINE OR REVOCATION OF THE LICENSE, CERTIFICATE OR REGISTRATION. S 3. Subsection (d) of section 2136 of the insurance law, as added by chapter 687 of the laws of 2003, is amended to read as follows: (d) (1) the applicant's home state awards nonresident insurance producer licenses to residents of this state on the same basis as provided in this subsection; OR (2) THE APPLICANT IS THE SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES. S 4. Section 442-g of the real property law is amended by adding a new subdivision 1-a to read as follows: 1-A. NO NONRESIDENT APPLICANT WHO IS THE SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD, OR RESERVES REGULARLY ENGAGED IN THE REAL ESTATE BUSINESS AS A VOCATION, WHO MAINTAINS A DEFI- NITE PLACE OF BUSINESS AND IS LICENSED BY ANY OTHER STATE, TERRITORY, PROTECTORATE OR DEPENDENCY OF THE UNITED STATES, SHALL BE REQUIRED TO MAINTAIN A PLACE OF BUSINESS WITHIN THIS STATE. THE COMMISSION SHALL RECOGNIZE THE LICENSE ISSUED BY ANOTHER STATE TO AN APPLICANT WHO IS THE SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD, OR RESERVES AS QUALIFICATION FOR A LICENSE IN NEW YORK, PROVIDED THAT SUCH LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
S 5. Section 444-e of the real property law is amended by adding a new subdivision 2-a to read as follows: 2-A. ANY APPLICANT FOR A LICENSE WHO IS A SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT A SIGNED AFFIDAVIT TO ACCOMPANY THE APPLICATION FOR LICENSURE, STATING THAT THE ENTRIES IN THE APPLICATION ARE TRUE AND ACCURATE, AND THAT DOCUMENTATION HAS BEEN REQUESTED PROVIDING SATISFACTORY VERIFYING EVIDENCE OF LICENSURE TO PRACTICE AN EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY, PROTECTORATE OR DEPENDENCY OF THE UNITED STATES IN LIEU OF THE EVIDENCE OF EDUCATION, EXPERIENCE AND EXAMINATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION. THE SECRETARY SHALL ISSUE A LICENSE BASED ON THE APPLICATION PROVIDED THE ENTRIES IN THE APPLICA- TION SHOW THAT SUCH LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE. IF THE SECRETARY FINDS REASONABLE CAUSE TO BELIEVE THAT THE APPLICANT FALSELY AFFIRMED OR STATED THAT THE APPLICANT HAS REQUESTED VERIFICATION FROM ANOTHER STATE OR STATES, THE SECRETARY MAY SUMMARILY SUSPEND THE LICENSE PENDING FURTHER ACTION TO DISCIPLINE OR REVOCATION OF THE LICENSE. S 6. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 7. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

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