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.