Bill Text: NY S05205 | 2013-2014 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2014-06-11 - referred to higher education [S05205 Detail]

Download: New_York-2013-S05205-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5205
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     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:
    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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10495-02-3
       S. 5205                             2
    1  ANOTHER  STATE  OR  STATES,  THE BOARD MAY SUMMARILY SUSPEND THE LICENSE
    2  PENDING FURTHER ACTION TO DISCIPLINE OR REVOCATION OF THE LICENSE.
    3    S  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    S 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 A  SIGNED
   20  AFFIDAVIT  TO  ACCOMPANY THE APPLICATION FOR LICENSURE, CERTIFICATION OR
   21  REGISTRATION, STATING THAT THE ENTRIES IN THE APPLICATION ARE  TRUE  AND
   22  ACCURATE,  AND THAT DOCUMENTATION HAS BEEN REQUESTED PROVIDING SATISFAC-
   23  TORY VERIFYING EVIDENCE OF LICENSURE, CERTIFICATION OR  REGISTRATION  TO
   24  PRACTICE  AN EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY,
   25  PROTECTORATE  OR  DEPENDENCY  OF  THE  UNITED  STATES  IN  LIEU  OF  THE
   26  SUBMISSIONS  REQUIRED  BY THE ARTICLE OF THIS CHAPTER FOR THE PARTICULAR
   27  PROFESSION. THE SECRETARY SHALL ISSUE A LICENSE, CERTIFICATE  OR  REGIS-
   28  TRATION  BASED ON THE APPLICATION, PROVIDED THE ENTRIES IN SUCH APPLICA-
   29  TION SHOW THAT SUCH LICENSE, CERTIFICATION OR CERTIFICATE  OF  REGISTRA-
   30  TION  WAS  GRANTED  IN  COMPLIANCE  WITH  STANDARDS  WHICH  WERE, IN THE
   31  JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.   IF  THE
   32  SECRETARY  OF STATE FINDS REASONABLE CAUSE TO BELIEVE THAT THE APPLICANT
   33  FALSELY AFFIRMED OR STATED THAT THE APPLICANT HAS REQUESTED VERIFICATION
   34  FROM ANOTHER STATE OR STATES, THE SECRETARY MAY  SUMMARILY  SUSPEND  THE
   35  LICENSE,  CERTIFICATE  OR  REGISTRATION PENDING FURTHER ACTION TO DISCI-
   36  PLINE OR REVOCATION OF THE LICENSE, CERTIFICATE OR REGISTRATION.
   37    S 3. Subsection (d) of section 2136 of the insurance law, as added  by
   38  chapter 687 of the laws of 2003, is amended to read as follows:
   39    (d)  (1)  the  applicant's  home  state  awards  nonresident insurance
   40  producer licenses to residents of  this  state  on  the  same  basis  as
   41  provided in this subsection; OR
   42    (2) THE APPLICANT IS THE SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE
   43  UNITED STATES, NATIONAL GUARD OR RESERVES.
   44    S 4. Section 442-g of the real property law is amended by adding a new
   45  subdivision 1-a to read as follows:
   46    1-A.  NO  NONRESIDENT  APPLICANT  WHO IS THE SPOUSE OF A MEMBER OF THE
   47  ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD, OR RESERVES REGULARLY
   48  ENGAGED IN THE REAL ESTATE BUSINESS AS A VOCATION, WHO MAINTAINS A DEFI-
   49  NITE PLACE OF BUSINESS AND IS LICENSED BY ANY  OTHER  STATE,  TERRITORY,
   50  PROTECTORATE  OR  DEPENDENCY  OF THE UNITED STATES, SHALL BE REQUIRED TO
   51  MAINTAIN A PLACE OF BUSINESS WITHIN THIS  STATE.  THE  COMMISSION  SHALL
   52  RECOGNIZE THE LICENSE ISSUED BY ANOTHER STATE TO AN APPLICANT WHO IS THE
   53  SPOUSE  OF  A  MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL
   54  GUARD, OR RESERVES AS QUALIFICATION FOR A LICENSE IN NEW YORK,  PROVIDED
   55  THAT  SUCH  LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE,
   56  IN THE JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
       S. 5205                             3
    1    S 5. Section 444-e of the real property law is amended by adding a new
    2  subdivision 2-a to read as follows:
    3    2-A.  ANY  APPLICANT  FOR A LICENSE WHO IS A SPOUSE OF A MEMBER OF THE
    4  ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT
    5  A SIGNED AFFIDAVIT TO ACCOMPANY THE APPLICATION FOR  LICENSURE,  STATING
    6  THAT  THE  ENTRIES  IN  THE  APPLICATION ARE TRUE AND ACCURATE, AND THAT
    7  DOCUMENTATION  HAS  BEEN  REQUESTED  PROVIDING  SATISFACTORY   VERIFYING
    8  EVIDENCE OF LICENSURE TO PRACTICE AN EQUIVALENT OCCUPATION ISSUED BY ANY
    9  OTHER  STATE, TERRITORY, PROTECTORATE OR DEPENDENCY OF THE UNITED STATES
   10  IN LIEU  OF  THE  EVIDENCE  OF  EDUCATION,  EXPERIENCE  AND  EXAMINATION
   11  REQUIRED  BY SUBDIVISION ONE OF THIS SECTION.  THE SECRETARY SHALL ISSUE
   12  A LICENSE BASED ON THE APPLICATION PROVIDED THE ENTRIES IN THE  APPLICA-
   13  TION  SHOW  THAT  SUCH  LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS
   14  WHICH WERE, IN THE JUDGMENT OF THE SECRETARY, NOT LOWER  THAN  THOSE  OF
   15  THIS STATE.  IF THE SECRETARY FINDS REASONABLE CAUSE TO BELIEVE THAT THE
   16  APPLICANT  FALSELY  AFFIRMED  OR STATED THAT THE APPLICANT HAS REQUESTED
   17  VERIFICATION FROM ANOTHER STATE OR STATES, THE SECRETARY  MAY  SUMMARILY
   18  SUSPEND  THE  LICENSE PENDING FURTHER ACTION TO DISCIPLINE OR REVOCATION
   19  OF THE LICENSE.
   20    S 6. Severability clause. If any clause, sentence, paragraph, subdivi-
   21  sion, section or part of this act shall be  adjudged  by  any  court  of
   22  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   23  impair, or invalidate the remainder thereof, but shall  be  confined  in
   24  its  operation  to the clause, sentence, paragraph, subdivision, section
   25  or part thereof directly involved in the controversy in which such judg-
   26  ment shall have been rendered. It is hereby declared to be the intent of
   27  the legislature that this act would  have  been  enacted  even  if  such
   28  invalid provisions had not been included herein.
   29    S  7.  This  act shall take effect on the ninetieth day after it shall
   30  have become a law; provided, however, that  effective  immediately,  the
   31  addition,  amendment  and/or  repeal of any rule or regulation necessary
   32  for the implementation of this act on its effective date are  authorized
   33  and directed to be made and completed on or before such effective date.
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