Bill Text: NY S01253 | 2017-2018 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S01253 Detail]
Download: New_York-2017-S01253-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1253 2017-2018 Regular Sessions IN SENATE January 6, 2017 ___________ Introduced by Sens. FUNKE, AVELLA, LARKIN, MARCHIONE, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs AN ACT to amend the education law, in relation to course credit for veterans, articulation between military and civilian professional careers and application for admission to practice of a profession by a veteran or a veteran's spouse; to amend the general business law, in relation to licensing, certification and registration for veterans and veteran's spouses; to amend the vehicle and traffic law, in relation to providing motor vehicle inspector certification and mechanic quali- fications; to amend the public health law, in relation to certif- ication of first responder or emergency medical technicians; to amend the county law, in relation to licensure of master electricians; and to amend the general city law, in relation to plumber certification 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 section 669-h 2 to read as follows: 3 § 669-h. Course credit for veterans. 1. For purposes of this section, 4 the term "veteran" means a person, male or female, resident of this 5 state, who has served in the active military or naval service of the 6 United States during a war in which the United States was engaged and 7 who has been released from such service by any means of an honorable or 8 general discharge, or who has been furloughed to the reserve. 9 2. Every veteran who is enrolled on a full-time basis as an undergrad- 10 uate student in good standing, at an institution within the state 11 university system, shall upon application and approval of the chancel- 12 lor, or his or her designee, be granted up to six academic credits per 13 semester towards his or her degree for completion of courses that were 14 part of such veteran's military training or service. In determining the 15 approval of such veteran's application, the chancellor, or his or her EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04158-01-7S. 1253 2 1 designee, shall consider the standards of the American council on educa- 2 tion. No fee, tuition or other charge shall be assessed against a veter- 3 an who qualifies for such credit pursuant to this section. 4 3. The chancellor of the state university of New York may promulgate 5 rules and regulations as are necessary to fully implement the provisions 6 of this section. 7 § 2. Section 6505-c of the education law, as added by chapter 106 of 8 the laws of 2003, is amended to read as follows: 9 § 6505-c. Articulation between military and civilian professional 10 careers. 1. The commissioner shall develop, jointly with the director of 11 the division of veterans' affairs, a program to facilitate articulation 12 between participation in the military service of the United States or 13 the military service of the state and admission to practice of a profes- 14 sion. The commissioner and the director shall identify, review and eval- 15 uate professional training programs offered through either the military 16 service of the United States or the military service of the state which 17 may, where applicable, be accepted by the department as equivalent 18 education and training in lieu of all or part of an approved program. 19 Particular emphasis shall be placed on the identification of military 20 programs which have previously been deemed acceptable by the department 21 as equivalent education and training, programs which may provide, where 22 applicable, equivalent education and training for those professions 23 which are critical to public health and safety and programs which may 24 provide, where applicable, equivalent education and training for those 25 professions for which shortages exist in the state of New York, and 26 programs which may provide, where applicable, equivalent education and 27 training for those professions which would promote the economic develop- 28 ment, job creation or technological advancement of business in the state 29 of New York. 30 2. The commissioner and the director shall prepare a list of those 31 military programs which have previously been deemed acceptable by the 32 department as equivalent education and training in lieu of all or part 33 of an approved program no later than the thirtieth of August, two thou- 34 sand three. On and after such date, such list shall be made available to 35 the public and applicants for admission to practice of a profession. 36 3. The commissioner and the director shall prepare a list of those 37 military programs which may provide, where applicable, equivalent educa- 38 tion and training for those professions which are critical to public 39 health and safety, programs which may provide, where applicable, equiv- 40 alent education and training for those professions for which shortages 41 exist in the state of New York, programs which may provide, where appli- 42 cable, equivalent education and training for those professions which 43 would promote the economic development, job creation or technological 44 advancement of business in the state of New York and any other military 45 programs which may, where applicable, be accepted by the department as 46 equivalent education and training in lieu of all or part of an approved 47 program no later than the thirty-first of October, two thousand three. 48 On and after such date, such list shall be made available to the public 49 and applicants for admission to practice of a profession. 50 4. Such lists shall be prepared annually no later than the thirtieth 51 of June thereafter with additions and deletions made jointly by the 52 commissioner and the director and made available to the public and 53 applicants for admission to practice of a profession on such date. 54 5. In their determination pursuant to this section of which military 55 programs provide equivalent education and training, so as to be accepted 56 by the department as equivalent education and training in lieu of all orS. 1253 3 1 part of an approved program, the commissioner and the director shall 2 consider the standards of the American council on education. 3 § 3. The education law is amended by adding a new section 6505-d to 4 read as follows: 5 § 6505-d. Application for admission to the practice of a profession by 6 a veteran or a spouse of a veteran. The commissioner shall provide for 7 an expedited application for admission to the practice of a profession 8 by a veteran or a spouse of a veteran. Such application shall be deter- 9 mined by the commissioner within thirty days of the filing of the appli- 10 cation with the commissioner by the veteran or spouse of a veteran. In 11 making the determination for the veteran, the commissioner shall, in 12 addition to the education and training of the veteran, also consider the 13 equivalent education and training of the veteran, in accordance with 14 section sixty-five hundred five-c of this subarticle. In making the 15 determination for the veteran's spouse, the commissioner shall consider 16 the education and training of the veteran's spouse, together with any 17 equivalent education, training, past admission or past practice of such 18 spouse of such profession in another jurisdiction, together with the 19 standards of the American council on education. If the commissioner 20 determines that the education and training of the veteran or the veter- 21 an's spouse, and/or their past admission or past practice in another 22 jurisdiction, is essentially equivalent to the requirements necessary 23 for admission to practice the profession in New York state, then the 24 commissioner shall grant such veteran or veteran's spouse admission to 25 practice the profession in New York state. 26 § 4. The general business law is amended by adding a new article 2-A 27 to read as follows: 28 ARTICLE 2-A 29 LICENSING, CERTIFICATION AND REGISTRATION FOR VETERANS AND VETERAN 30 SPOUSES 31 Section 20-a. Articulation between military and civilian professional 32 careers. 33 20-b. Application for licensing, certification or registration 34 to practice a profession by a veteran or a spouse of a 35 veteran. 36 § 20-a. Articulation between military and civilian professional 37 careers. 1. The secretary of state shall develop, jointly with the 38 director of the division of veterans' affairs, a program to facilitate 39 articulation between participation in the armed forces of the United 40 States or the military service of the state and the licensing, certif- 41 ication and registration for veterans to practice any profession 42 licensed, certified or registered pursuant to this chapter. The secre- 43 tary and the director shall identify, review and evaluate professional 44 training programs offered through either the armed forces of the United 45 States or the military service of the state which may, where applicable, 46 be accepted by the department as equivalent education and training in 47 lieu of all or part of an approved program. Particular emphasis shall be 48 placed on the identification of military programs which have previously 49 been deemed acceptable by the department as equivalent education and 50 training, programs which may provide, where applicable, equivalent 51 education and training for those professions which are critical to 52 public health and safety and programs which may provide, where applica- 53 ble, equivalent education and training for those professions for which 54 shortages exist in the state and programs which may provide, where 55 applicable, equivalent education and training for those professionsS. 1253 4 1 which would promote the economic development, job creation or technolog- 2 ical advancement of business in the state. 3 2. The secretary and the director shall prepare a list of those mili- 4 tary programs which have previously been deemed acceptable by the 5 department as equivalent education and training in lieu of all or part 6 of an approved program no later than January first, two thousand seven- 7 teen. On and after such date, such list shall be made available to the 8 public and applicants for admission to practice of a profession. 9 3. The secretary and the director shall prepare a list of those mili- 10 tary programs which may provide, where applicable, equivalent education 11 and training for those professions which are critical to public health 12 and safety, programs which may provide, where applicable, equivalent 13 education and training for those professions for which shortages exist 14 in the state, programs which may provide, where applicable, equivalent 15 education and training for those professions which would promote the 16 economic development, job creation or technological advancement of busi- 17 ness in the state and any other military programs which may, where 18 applicable, be accepted by the department as equivalent education and 19 training in lieu of all or part of an approved program no later than the 20 thirty-first of October, two thousand eighteen. On and after such date, 21 such list shall be made available to the public and applicants for the 22 licensing, certification and registration to the practice of a profes- 23 sion. 24 4. Such lists shall be prepared annually no later than the thirtieth 25 of June thereafter with additions and deletions made jointly by the 26 secretary and the director and made available to the public and appli- 27 cants for the licensing, certification and registration to the practice 28 of a profession on such date. 29 5. In their determination pursuant to this section of which military 30 programs provide equivalent education and training, so as to be accepted 31 by the department as equivalent education and training in lieu of all or 32 part of an approved program, the secretary and the director shall 33 consider the standards of the American council on education. 34 § 20-b. Application for licensing, certification or registration to 35 practice a profession by a veteran or a spouse of a veteran. The secre- 36 tary of state shall provide for an expedited application for licensing, 37 certification or registration to the practice of a profession by a 38 veteran or a spouse of a veteran. Such application shall be determined 39 by the secretary within thirty days of the filing of the application 40 with the secretary by the veteran or spouse of a veteran. In making the 41 determination for the veteran, the secretary shall, in addition to the 42 education and training of the veteran, also consider the equivalent 43 education and training of the veteran, in accordance with section twen- 44 ty-a of this article. In making the determination for the veteran's 45 spouse, the secretary shall consider the education and training of the 46 veteran's spouse, together with any equivalent education, training, past 47 licensing, certification or registration or past practice of such spouse 48 of such profession in another jurisdiction, together with the standards 49 of the American council on education. If the secretary determines that 50 the education and training of the veteran or the veteran's spouse, 51 and/or their past licensing, certification or registration or past prac- 52 tice in another jurisdiction, is essentially equivalent to the require- 53 ments necessary for licensing, certification or registration to practice 54 the profession in the state, then the secretary shall grant such veteran 55 or veteran's spouse licensing, certification or registration to practice 56 such profession.S. 1253 5 1 § 5. Subdivision (c) of section 304-a of the vehicle and traffic law, 2 as added by chapter 61 of the laws of 1989, is amended to read as 3 follows: 4 (c) The commissioner may, by regulation, establish standards of compe- 5 tency and fitness for certification as an inspector; provided, however, 6 that any person who was a member of the armed forces of the United 7 States, national guard or reserves and who by military training and 8 practice acquired the skills of a motor vehicle inspector shall be 9 certified by the commissioner as an inspector. 10 § 6. Section 398-d of the vehicle and traffic law is amended by adding 11 a new subdivision 8 to read as follows: 12 8. Any person who was a member of the armed forces of the United 13 States, national guard or reserves, and who by military training and 14 practice acquires the skills of a motor vehicle mechanic, shall be 15 deemed to be qualified to perform work upon motor vehicles at motor 16 vehicle repair shops. 17 § 7. Subdivision 2 of section 3002 of the public health law, as 18 amended by chapter 580 of the laws of 2007, is amended to read as 19 follows: 20 2. The state council shall have the power, by an affirmative vote of a 21 majority of those present, subject to approval by the commissioner, to 22 enact, and from time to time, amend and repeal, rules and regulations 23 establishing minimum standards for ambulance services, ambulance service 24 certification, advanced life support first response services, the 25 provision of prehospital emergency medical care, public education, the 26 development of a statewide emergency medical services system, the 27 provision of ambulance services outside the primary territory specified 28 in the ambulance services' certificate and the training, examination, 29 and certification of certified first responders, emergency medical tech- 30 nicians, and advanced emergency medical technicians; provided, however, 31 that such minimum standards must be consistent with the staffing stand- 32 ards established by section three thousand five-a of this article. Such 33 training shall be made available by video or computer to the maximum 34 extent possible. [Until January first, nineteen hundred ninety-seven, no35minimum standards shall be established for services provided by a volun-36tary ambulance service operating solely pursuant to a statement of37registration issued under section three thousand four.] The curriculum 38 for certified first responder training shall not exceed fifty-one hours 39 including prerequisites. Notwithstanding any other provision of this 40 article to the contrary, any person who was a member of the armed forces 41 of the United States, national guard or reserves, and who by military 42 training and practice was a medic or corpsman, shall be certified, with- 43 out examination, by the state council and regional councils as a first 44 responder or emergency medical technician. The state council shall have 45 the same powers granted to regional councils by this article in any 46 region of the state in which a regional council has not been estab- 47 lished. 48 § 8. Subdivision 1 of section 236-a of the county law, as amended by 49 chapter 257 of the laws of 2014, is amended to read as follows: 50 1. Notwithstanding the provisions of the general city law or any other 51 law to the contrary, the counties of Dutchess, Suffolk and Westchester 52 are each hereby authorized to establish a county board of examiners for 53 master electricians and to empower such board to assume all licensing 54 duties within each such county with respect to the licensure of master 55 electricians. Provided, that such counties shall provide for the 56 licensing, without examination, as a master electrician of any personS. 1253 6 1 who was a member of the armed forces of the United States, national 2 guard or reserves, and who by military training and practice acquired 3 the skills of an electrician. The counties of Dutchess, Suffolk and 4 Westchester shall provide for master electrician's duties and responsi- 5 bilities in accordance with the local law of each such county. 6 § 9. Section 45 of the general city law is amended to read as follows: 7 § 45. Examinations; conducting business without certificate prohibit- 8 ed. A person desiring or intending to conduct the trade, business or 9 calling of a plumber or of plumbing in a city of this state as employing 10 or master plumber, shall be required to submit to an examination before 11 such examining board of plumbers as to his experience and qualifications 12 for such trade, business or calling, and it shall not be lawful in any 13 city of this state for a person to conduct such trade, business or call- 14 ing, unless he shall have first obtained a certificate of competency 15 from such board of the city in which he conducts or proposes to conduct 16 such business. Provided, however, that any person who was a member of 17 the armed forces of the United States, national guard or reserves, and 18 who by military training and practice acquired the skills of a plumber, 19 shall be certified as competent without examination. 20 § 10. This act shall take effect on the first of January next succeed- 21 ing the date on which it shall have become a law, provided, however, 22 that section one of this act shall take effect on the first of July next 23 succeeding the date on which it shall have become a law; provided, that, 24 effective immediately, any rules and regulations necessary to implement 25 the provisions of this act on its effective date are authorized and 26 directed to be amended, added and/or repealed on or before such date.
