S T A T E O F N E W Y O R K
________________________________________________________________________
4394
2015-2016 Regular Sessions
I N A S S E M B L Y
January 30, 2015
___________
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:
Section 1. Section 6501 of the education law, as amended by chapter 81
of the laws of 1995, is amended to read as follows:
S 6501. Admission to a profession (licensing). Admission to practice
of a profession in this state is accomplished by a license being issued
to a qualified applicant by the education department. To qualify for a
license an applicant shall meet the requirements prescribed in the arti-
cle for the particular profession and shall meet the requirements
prescribed in section 3-503 of the general obligations law; PROVIDED
THAT, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY APPLI-
CANT WHO IS THE SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT A SIGNED AFFIDAVIT TO
ACCOMPANY THE APPLICATION FOR LICENSURE, STATING THAT THE ENTRIES IN THE
APPLICATION ARE TRUE AND ACCURATE, AND THAT DOCUMENTATION HAS BEEN
REQUESTED PROVIDING SATISFACTORY VERIFYING EVIDENCE OF LICENSURE TO
PRACTICE AN EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY,
PROTECTORATE OR DEPENDENCY OF THE UNITED STATES IN LIEU OF THE
SUBMISSIONS REQUIRED BY THE ARTICLE OF THIS CHAPTER FOR THE PARTICULAR
PROFESSION. THE BOARD OF REGENTS SHALL ISSUE A LICENSE BASED ON THE
APPLICATION, PROVIDED THAT THE ENTRIES IN SUCH APPLICATION SHOW THAT
SUCH LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE
JUDGEMENT OF THE BOARD OF REGENTS, NOT LOWER THAN THOSE OF THIS STATE.
IF THE BOARD FINDS REASONABLE CAUSE TO BELIEVE THAT THE APPLICANT FALSE-
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.
LBD03738-01-5
A. 4394 2
ANOTHER STATE OR STATES, THE BOARD MAY SUMMARILY SUSPEND THE LICENSE
PENDING FURTHER ACTION TO DISCIPLINE OR REVOCATION OF THE LICENSE.
S 2. The general business law is amended by adding a new article 2-A
to read as follows:
ARTICLE 2-A
ADMISSION TO A PROFESSION
SECTION 20. ADMISSION TO A PROFESSION; LICENSING, CERTIFICATION OR
REGISTRATION.
S 20. ADMISSION TO A PROFESSION; LICENSING, CERTIFICATION OR REGISTRA-
TION. ADMISSION TO PRACTICE OF A PROFESSION GOVERNED BY THIS CHAPTER IN
THIS STATE IS ACCOMPLISHED, WHERE REQUIRED, BY A LICENSE, CERTIFICATION
OR CERTIFICATE OF REGISTRATION BEING ISSUED TO A QUALIFIED APPLICANT BY
THE SECRETARY OF STATE. TO QUALIFY FOR A LICENSE, CERTIFICATION OR
CERTIFICATE OF REGISTRATION AN APPLICANT SHALL MEET THE REQUIREMENTS
PRESCRIBED IN THE ARTICLE FOR THE PARTICULAR PROFESSION AND SHALL MEET
THE REQUIREMENTS PRESCRIBED IN SECTION 3-503 OF THE GENERAL OBLIGATIONS
LAW; PROVIDED THAT, NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE
CONTRARY, ANY APPLICANT WHO IS THE SPOUSE OF A MEMBER OF THE ARMED FORC-
ES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT A SIGNED
AFFIDAVIT TO ACCOMPANY THE APPLICATION FOR LICENSURE, CERTIFICATION OR
REGISTRATION, STATING THAT THE ENTRIES IN THE APPLICATION ARE TRUE AND
ACCURATE, AND THAT DOCUMENTATION HAS BEEN REQUESTED PROVIDING SATISFAC-
TORY VERIFYING EVIDENCE OF LICENSURE, CERTIFICATION OR REGISTRATION TO
PRACTICE AN EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY,
PROTECTORATE OR DEPENDENCY OF THE UNITED STATES IN LIEU OF THE
SUBMISSIONS REQUIRED BY THE ARTICLE OF THIS CHAPTER FOR THE PARTICULAR
PROFESSION. THE SECRETARY SHALL ISSUE A LICENSE, CERTIFICATE OR REGIS-
TRATION BASED ON THE APPLICATION, PROVIDED THE ENTRIES IN SUCH APPLICA-
TION SHOW THAT SUCH LICENSE, CERTIFICATION OR CERTIFICATE OF REGISTRA-
TION WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE
JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE. IF THE
SECRETARY OF STATE FINDS REASONABLE CAUSE TO BELIEVE THAT THE APPLICANT
FALSELY AFFIRMED OR STATED THAT THE APPLICANT HAS REQUESTED VERIFICATION
FROM ANOTHER STATE OR STATES, THE SECRETARY MAY SUMMARILY SUSPEND THE
LICENSE, CERTIFICATE OR REGISTRATION PENDING FURTHER ACTION TO DISCI-
PLINE OR REVOCATION OF THE LICENSE, CERTIFICATE OR REGISTRATION.
S 3. Subsection (d) of section 2136 of the insurance law, as added by
chapter 687 of the laws of 2003, is amended to read as follows:
(d) (1) the applicant's home state awards nonresident insurance
producer licenses to residents of this state on the same basis as
provided in this subsection; OR
(2) THE APPLICANT IS THE SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE
UNITED STATES, NATIONAL GUARD OR RESERVES.
S 4. Section 442-g of the real property law is amended by adding a new
subdivision 1-a to read as follows:
1-A. NO NONRESIDENT APPLICANT WHO IS THE SPOUSE OF A MEMBER OF THE
ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD, OR RESERVES REGULARLY
ENGAGED IN THE REAL ESTATE BUSINESS AS A VOCATION, WHO MAINTAINS A DEFI-
NITE PLACE OF BUSINESS AND IS LICENSED BY ANY OTHER STATE, TERRITORY,
PROTECTORATE OR DEPENDENCY OF THE UNITED STATES, SHALL BE REQUIRED TO
MAINTAIN A PLACE OF BUSINESS WITHIN THIS STATE. THE COMMISSION SHALL
RECOGNIZE THE LICENSE ISSUED BY ANOTHER STATE TO AN APPLICANT WHO IS THE
SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL
GUARD, OR RESERVES AS QUALIFICATION FOR A LICENSE IN NEW YORK, PROVIDED
THAT SUCH LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE,
IN THE JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
A. 4394 3
S 5. Section 444-e of the real property law is amended by adding a new
subdivision 2-a to read as follows:
2-A. ANY APPLICANT FOR A LICENSE WHO IS A SPOUSE OF A MEMBER OF THE
ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT
A SIGNED AFFIDAVIT TO ACCOMPANY THE APPLICATION FOR LICENSURE, STATING
THAT THE ENTRIES IN THE APPLICATION ARE TRUE AND ACCURATE, AND THAT
DOCUMENTATION HAS BEEN REQUESTED PROVIDING SATISFACTORY VERIFYING
EVIDENCE OF LICENSURE TO PRACTICE AN EQUIVALENT OCCUPATION ISSUED BY ANY
OTHER STATE, TERRITORY, PROTECTORATE OR DEPENDENCY OF THE UNITED STATES
IN LIEU OF THE EVIDENCE OF EDUCATION, EXPERIENCE AND EXAMINATION
REQUIRED BY SUBDIVISION ONE OF THIS SECTION. THE SECRETARY SHALL ISSUE
A LICENSE BASED ON THE APPLICATION PROVIDED THE ENTRIES IN THE APPLICA-
TION SHOW THAT SUCH LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS
WHICH WERE, IN THE JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF
THIS STATE. IF THE SECRETARY FINDS REASONABLE CAUSE TO BELIEVE THAT THE
APPLICANT FALSELY AFFIRMED OR STATED THAT THE APPLICANT HAS REQUESTED
VERIFICATION FROM ANOTHER STATE OR STATES, THE SECRETARY MAY SUMMARILY
SUSPEND THE LICENSE PENDING FURTHER ACTION TO DISCIPLINE OR REVOCATION
OF THE LICENSE.
S 6. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 7. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.