Bill Text: NY S01273 | 2023-2024 | General Assembly | Introduced
Bill Title: Permits a military spouse to practice an occupation upon submission of licensure, certification or registration to practice an equivalent occupation issued by any other state; provided the licensure standards are not lower than those of this state.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced) 2024-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S01273 Detail]
Download: New_York-2023-S01273-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1273 2023-2024 Regular Sessions IN SENATE January 11, 2023 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law components of legislation relating 2 to the "Military Spouse Act of 2023". 3 § 2. The general business law is amended by adding a new article 2-A 4 to read as follows: 5 ARTICLE 2-A 6 ADMISSION TO A PROFESSION 7 Section 20. Admission to a profession; licensing, certification or 8 registration. 9 § 20. Admission to a profession; licensing, certification or registra- 10 tion. Admission to practice of a profession governed by this chapter in 11 this state is accomplished, where required, by a license, certification 12 or certificate of registration being issued to a qualified applicant by 13 the secretary of state. To qualify for a license, certification or 14 certificate of registration an applicant shall meet the requirements 15 prescribed in the article for the particular profession and shall meet 16 the requirements prescribed in section 3-503 of the general obligations 17 law; provided that, notwithstanding any provision of the law to the 18 contrary, any applicant who is the spouse of a member of the armed forc- 19 es of the United States, national guard or reserves may submit satisfac- 20 tory evidence of licensure, certification or registration to practice an 21 equivalent occupation issued by any other state, territory, protectorate EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04796-01-3S. 1273 2 1 or dependency of the United States in lieu of the submissions required 2 by the article of this chapter for the particular profession, provided 3 that such license, certification or certificate of registration was 4 granted in compliance with standards which were, in the judgment of the 5 secretary, not lower than those of this state. 6 § 3. Subsection (d) of section 2136 of the insurance law, as added by 7 chapter 687 of the laws of 2003, is amended to read as follows: 8 (d) (1) the applicant's home state awards nonresident insurance 9 producer licenses to residents of this state on the same basis as 10 provided in this subsection; or 11 (2) the applicant is the spouse of a member of the armed forces of the 12 United States, national guard or reserves. 13 § 4. Section 442-g of the real property law is amended by adding a new 14 subdivision 1-a to read as follows: 15 1-a. No nonresident applicant who is the spouse of a member of the 16 armed forces of the United States, national guard, or reserves regularly 17 engaged in the real estate business as a vocation, who maintains a defi- 18 nite place of business and is licensed by any other state, territory, 19 protectorate or dependency of the United States, shall be required to 20 maintain a place of business within this state. The commission shall 21 recognize the license issued by another state to an applicant who is the 22 spouse of a member of the armed forces of the United States, national 23 guard, or reserves as qualification for a license in New York, provided 24 that such license was granted in compliance with standards which were, 25 in the judgment of the secretary, not lower than those of this state. 26 § 5. Section 444-e of the real property law is amended by adding a new 27 subdivision 2-a to read as follows: 28 2-a. Any applicant for a license who is a spouse of a member of the 29 armed forces of the United States, national guard or reserves may submit 30 satisfactory evidence of licensure to practice an equivalent occupation 31 issued by any other state, territory, protectorate or dependency of the 32 United States in lieu of the evidence of education, experience and exam- 33 ination required by subdivision one of this section, provided that such 34 license was granted in compliance with standards which were, in the 35 judgment of the secretary, not lower than those of this state. 36 § 6. Severability clause. If any clause, sentence, paragraph, subdivi- 37 sion, section or part of this act shall be adjudged by any court of 38 competent jurisdiction to be invalid, such judgment shall not affect, 39 impair, or invalidate the remainder thereof, but shall be confined in 40 its operation to the clause, sentence, paragraph, subdivision, section 41 or part thereof directly involved in the controversy in which such judg- 42 ment shall have been rendered. It is hereby declared to be the intent of 43 the legislature that this act would have been enacted even if such 44 invalid provisions had not been included herein. 45 § 7. This act shall take effect on the ninetieth day after it shall 46 have become a law. Effective immediately, the addition, amendment and/or 47 repeal of any rule or regulation necessary for the implementation of 48 this act on its effective date are authorized to be made and completed 49 on or before such effective date.
