Bill Text: NY A09455 | 2013-2014 | General Assembly | Introduced
Bill Title: Authorizes licensing of military spouses with out-of-state licenses in equivalent occupations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-30 - referred to higher education [A09455 Detail]
Download: New_York-2013-A09455-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9455
I N A S S E M B L Y
April 30, 2014
___________
Introduced by M. of A. ORTIZ -- read once and referred 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:
1 Section 1. Section 6501 of the education law, as amended by chapter 81
2 of the laws of 1995, is amended to read as follows:
3 S 6501. Admission to a profession (licensing). Admission to practice
4 of a profession in this state is accomplished by a license being issued
5 to a qualified applicant by the education department. To qualify for a
6 license an applicant shall meet the requirements prescribed in the arti-
7 cle for the particular profession and shall meet the requirements
8 prescribed in section 3-503 of the general obligations law; PROVIDED
9 THAT, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY APPLI-
10 CANT WHO IS THE SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE UNITED
11 STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT A SIGNED AFFIDAVIT TO
12 ACCOMPANY THE APPLICATION FOR LICENSURE, STATING THAT THE ENTRIES IN THE
13 APPLICATION ARE TRUE AND ACCURATE, AND THAT DOCUMENTATION HAS BEEN
14 REQUESTED PROVIDING SATISFACTORY VERIFYING EVIDENCE OF LICENSURE TO
15 PRACTICE AN EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY,
16 PROTECTORATE OR DEPENDENCY OF THE UNITED STATES IN LIEU OF THE
17 SUBMISSIONS REQUIRED BY THE ARTICLE OF THIS CHAPTER FOR THE PARTICULAR
18 PROFESSION. THE BOARD OF REGENTS SHALL ISSUE A LICENSE BASED ON THE
19 APPLICATION, PROVIDED THAT THE ENTRIES IN SUCH APPLICATION SHOW THAT
20 SUCH LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE
21 JUDGEMENT OF THE BOARD OF REGENTS, NOT LOWER THAN THOSE OF THIS STATE.
22 IF THE BOARD FINDS REASONABLE CAUSE TO BELIEVE THAT THE APPLICANT FALSE-
23 LY AFFIRMED OR STATED THAT THE APPLICANT HAS REQUESTED VERIFICATION FROM
24 ANOTHER STATE OR STATES, THE BOARD MAY SUMMARILY SUSPEND THE LICENSE
25 PENDING FURTHER ACTION TO DISCIPLINE OR REVOCATION OF THE LICENSE.
26 S 2. The general business law is amended by adding a new article 2-A
27 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10495-02-3
A. 9455 2
1 ARTICLE 2-A
2 ADMISSION TO A PROFESSION
3 SECTION 20. ADMISSION TO A PROFESSION; LICENSING, CERTIFICATION OR
4 REGISTRATION.
5 S 20. ADMISSION TO A PROFESSION; LICENSING, CERTIFICATION OR REGISTRA-
6 TION. ADMISSION TO PRACTICE OF A PROFESSION GOVERNED BY THIS CHAPTER IN
7 THIS STATE IS ACCOMPLISHED, WHERE REQUIRED, BY A LICENSE, CERTIFICATION
8 OR CERTIFICATE OF REGISTRATION BEING ISSUED TO A QUALIFIED APPLICANT BY
9 THE SECRETARY OF STATE. TO QUALIFY FOR A LICENSE, CERTIFICATION OR
10 CERTIFICATE OF REGISTRATION AN APPLICANT SHALL MEET THE REQUIREMENTS
11 PRESCRIBED IN THE ARTICLE FOR THE PARTICULAR PROFESSION AND SHALL MEET
12 THE REQUIREMENTS PRESCRIBED IN SECTION 3-503 OF THE GENERAL OBLIGATIONS
13 LAW; PROVIDED THAT, NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE
14 CONTRARY, ANY APPLICANT WHO IS THE SPOUSE OF A MEMBER OF THE ARMED FORC-
15 ES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT A SIGNED
16 AFFIDAVIT TO ACCOMPANY THE APPLICATION FOR LICENSURE, CERTIFICATION OR
17 REGISTRATION, STATING THAT THE ENTRIES IN THE APPLICATION ARE TRUE AND
18 ACCURATE, AND THAT DOCUMENTATION HAS BEEN REQUESTED PROVIDING SATISFAC-
19 TORY VERIFYING EVIDENCE OF LICENSURE, CERTIFICATION OR REGISTRATION TO
20 PRACTICE AN EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY,
21 PROTECTORATE OR DEPENDENCY OF THE UNITED STATES IN LIEU OF THE
22 SUBMISSIONS REQUIRED BY THE ARTICLE OF THIS CHAPTER FOR THE PARTICULAR
23 PROFESSION. THE SECRETARY SHALL ISSUE A LICENSE, CERTIFICATE OR REGIS-
24 TRATION BASED ON THE APPLICATION, PROVIDED THE ENTRIES IN SUCH APPLICA-
25 TION SHOW THAT SUCH LICENSE, CERTIFICATION OR CERTIFICATE OF REGISTRA-
26 TION WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE
27 JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE. IF THE
28 SECRETARY OF STATE FINDS REASONABLE CAUSE TO BELIEVE THAT THE APPLICANT
29 FALSELY AFFIRMED OR STATED THAT THE APPLICANT HAS REQUESTED VERIFICATION
30 FROM ANOTHER STATE OR STATES, THE SECRETARY MAY SUMMARILY SUSPEND THE
31 LICENSE, CERTIFICATE OR REGISTRATION PENDING FURTHER ACTION TO DISCI-
32 PLINE OR REVOCATION OF THE LICENSE, CERTIFICATE OR REGISTRATION.
33 S 3. Subsection (d) of section 2136 of the insurance law, as added by
34 chapter 687 of the laws of 2003, is amended to read as follows:
35 (d) (1) the applicant's home state awards nonresident insurance
36 producer licenses to residents of this state on the same basis as
37 provided in this subsection; OR
38 (2) THE APPLICANT IS THE SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE
39 UNITED STATES, NATIONAL GUARD OR RESERVES.
40 S 4. Section 442-g of the real property law is amended by adding a new
41 subdivision 1-a to read as follows:
42 1-A. NO NONRESIDENT APPLICANT WHO IS THE SPOUSE OF A MEMBER OF THE
43 ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD, OR RESERVES REGULARLY
44 ENGAGED IN THE REAL ESTATE BUSINESS AS A VOCATION, WHO MAINTAINS A DEFI-
45 NITE PLACE OF BUSINESS AND IS LICENSED BY ANY OTHER STATE, TERRITORY,
46 PROTECTORATE OR DEPENDENCY OF THE UNITED STATES, SHALL BE REQUIRED TO
47 MAINTAIN A PLACE OF BUSINESS WITHIN THIS STATE. THE COMMISSION SHALL
48 RECOGNIZE THE LICENSE ISSUED BY ANOTHER STATE TO AN APPLICANT WHO IS THE
49 SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL
50 GUARD, OR RESERVES AS QUALIFICATION FOR A LICENSE IN NEW YORK, PROVIDED
51 THAT SUCH LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE,
52 IN THE JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
53 S 5. Section 444-e of the real property law is amended by adding a new
54 subdivision 2-a to read as follows:
55 2-A. ANY APPLICANT FOR A LICENSE WHO IS A SPOUSE OF A MEMBER OF THE
56 ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT
A. 9455 3
1 A SIGNED AFFIDAVIT TO ACCOMPANY THE APPLICATION FOR LICENSURE, STATING
2 THAT THE ENTRIES IN THE APPLICATION ARE TRUE AND ACCURATE, AND THAT
3 DOCUMENTATION HAS BEEN REQUESTED PROVIDING SATISFACTORY VERIFYING
4 EVIDENCE OF LICENSURE TO PRACTICE AN EQUIVALENT OCCUPATION ISSUED BY ANY
5 OTHER STATE, TERRITORY, PROTECTORATE OR DEPENDENCY OF THE UNITED STATES
6 IN LIEU OF THE EVIDENCE OF EDUCATION, EXPERIENCE AND EXAMINATION
7 REQUIRED BY SUBDIVISION ONE OF THIS SECTION. THE SECRETARY SHALL ISSUE
8 A LICENSE BASED ON THE APPLICATION PROVIDED THE ENTRIES IN THE APPLICA-
9 TION SHOW THAT SUCH LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS
10 WHICH WERE, IN THE JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF
11 THIS STATE. IF THE SECRETARY FINDS REASONABLE CAUSE TO BELIEVE THAT THE
12 APPLICANT FALSELY AFFIRMED OR STATED THAT THE APPLICANT HAS REQUESTED
13 VERIFICATION FROM ANOTHER STATE OR STATES, THE SECRETARY MAY SUMMARILY
14 SUSPEND THE LICENSE PENDING FURTHER ACTION TO DISCIPLINE OR REVOCATION
15 OF THE LICENSE.
16 S 6. Severability clause. If any clause, sentence, paragraph, subdivi-
17 sion, section or part of this act shall be adjudged by any court of
18 competent jurisdiction to be invalid, such judgment shall not affect,
19 impair, or invalidate the remainder thereof, but shall be confined in
20 its operation to the clause, sentence, paragraph, subdivision, section
21 or part thereof directly involved in the controversy in which such judg-
22 ment shall have been rendered. It is hereby declared to be the intent of
23 the legislature that this act would have been enacted even if such
24 invalid provisions had not been included herein.
25 S 7. This act shall take effect on the ninetieth day after it shall
26 have become a law; provided, however, that effective immediately, the
27 addition, amendment and/or repeal of any rule or regulation necessary
28 for the implementation of this act on its effective date are authorized
29 and directed to be made and completed on or before such effective date.
