S T A T E O F N E W Y O R K
________________________________________________________________________
1253
2017-2018 Regular Sessions
I N S E N A T E
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:
Section 1. The education law is amended by adding a new section 669-h
to read as follows:
§ 669-H. COURSE CREDIT FOR VETERANS. 1. FOR PURPOSES OF THIS SECTION,
THE TERM "VETERAN" MEANS A PERSON, MALE OR FEMALE, RESIDENT OF THIS
STATE, WHO HAS SERVED IN THE ACTIVE MILITARY OR NAVAL SERVICE OF THE
UNITED STATES DURING A WAR IN WHICH THE UNITED STATES WAS ENGAGED AND
WHO HAS BEEN RELEASED FROM SUCH SERVICE BY ANY MEANS OF AN HONORABLE OR
GENERAL DISCHARGE, OR WHO HAS BEEN FURLOUGHED TO THE RESERVE.
2. EVERY VETERAN WHO IS ENROLLED ON A FULL-TIME BASIS AS AN UNDERGRAD-
UATE STUDENT IN GOOD STANDING, AT AN INSTITUTION WITHIN THE STATE
UNIVERSITY SYSTEM, SHALL UPON APPLICATION AND APPROVAL OF THE CHANCEL-
LOR, OR HIS OR HER DESIGNEE, BE GRANTED UP TO SIX ACADEMIC CREDITS PER
SEMESTER TOWARDS HIS OR HER DEGREE FOR COMPLETION OF COURSES THAT WERE
PART OF SUCH VETERAN'S MILITARY TRAINING OR SERVICE. IN DETERMINING THE
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.
LBD04158-01-7
S. 1253 2
DESIGNEE, SHALL CONSIDER THE STANDARDS OF THE AMERICAN COUNCIL ON EDUCA-
TION. NO FEE, TUITION OR OTHER CHARGE SHALL BE ASSESSED AGAINST A VETER-
AN WHO QUALIFIES FOR SUCH CREDIT PURSUANT TO THIS SECTION.
3. THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK MAY PROMULGATE
RULES AND REGULATIONS AS ARE NECESSARY TO FULLY IMPLEMENT THE PROVISIONS
OF THIS SECTION.
§ 2. Section 6505-c of the education law, as added by chapter 106 of
the laws of 2003, is amended to read as follows:
§ 6505-c. Articulation between military and civilian professional
careers. 1. The commissioner shall develop, jointly with the director of
the division of veterans' affairs, a program to facilitate articulation
between participation in the military service of the United States or
the military service of the state and admission to practice of a profes-
sion. The commissioner and the director shall identify, review and eval-
uate professional training programs offered through either the military
service of the United States or the military service of the state which
may, where applicable, be accepted by the department as equivalent
education and training in lieu of all or part of an approved program.
Particular emphasis shall be placed on the identification of military
programs which have previously been deemed acceptable by the department
as equivalent education and training, programs which may provide, where
applicable, equivalent education and training for those professions
which are critical to public health and safety and programs which may
provide, where applicable, equivalent education and training for those
professions for which shortages exist in the state of New York, AND
PROGRAMS WHICH MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT EDUCATION AND
TRAINING FOR THOSE PROFESSIONS WHICH WOULD PROMOTE THE ECONOMIC DEVELOP-
MENT, JOB CREATION OR TECHNOLOGICAL ADVANCEMENT OF BUSINESS IN THE STATE
OF NEW YORK.
2. The commissioner and the director shall prepare a list of those
military programs which have previously been deemed acceptable by the
department as equivalent education and training in lieu of all or part
of an approved program no later than the thirtieth of August, two thou-
sand three. On and after such date, such list shall be made available to
the public and applicants for admission to practice of a profession.
3. The commissioner and the director shall prepare a list of those
military programs which may provide, where applicable, equivalent educa-
tion and training for those professions which are critical to public
health and safety, programs which may provide, where applicable, equiv-
alent education and training for those professions for which shortages
exist in the state of New York, PROGRAMS WHICH MAY PROVIDE, WHERE APPLI-
CABLE, EQUIVALENT EDUCATION AND TRAINING FOR THOSE PROFESSIONS WHICH
WOULD PROMOTE THE ECONOMIC DEVELOPMENT, JOB CREATION OR TECHNOLOGICAL
ADVANCEMENT OF BUSINESS IN THE STATE OF NEW YORK and any other military
programs which may, where applicable, be accepted by the department as
equivalent education and training in lieu of all or part of an approved
program no later than the thirty-first of October, two thousand three.
On and after such date, such list shall be made available to the public
and applicants for admission to practice of a profession.
4. Such lists shall be prepared annually no later than the thirtieth
of June thereafter with additions and deletions made jointly by the
commissioner and the director and made available to the public and
applicants for admission to practice of a profession on such date.
5. IN THEIR DETERMINATION PURSUANT TO THIS SECTION OF WHICH MILITARY
PROGRAMS PROVIDE EQUIVALENT EDUCATION AND TRAINING, SO AS TO BE ACCEPTED
BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN LIEU OF ALL OR
S. 1253 3
PART OF AN APPROVED PROGRAM, THE COMMISSIONER AND THE DIRECTOR SHALL
CONSIDER THE STANDARDS OF THE AMERICAN COUNCIL ON EDUCATION.
§ 3. The education law is amended by adding a new section 6505-d to
read as follows:
§ 6505-D. APPLICATION FOR ADMISSION TO THE PRACTICE OF A PROFESSION BY
A VETERAN OR A SPOUSE OF A VETERAN. THE COMMISSIONER SHALL PROVIDE FOR
AN EXPEDITED APPLICATION FOR ADMISSION TO THE PRACTICE OF A PROFESSION
BY A VETERAN OR A SPOUSE OF A VETERAN. SUCH APPLICATION SHALL BE DETER-
MINED BY THE COMMISSIONER WITHIN THIRTY DAYS OF THE FILING OF THE APPLI-
CATION WITH THE COMMISSIONER BY THE VETERAN OR SPOUSE OF A VETERAN. IN
MAKING THE DETERMINATION FOR THE VETERAN, THE COMMISSIONER SHALL, IN
ADDITION TO THE EDUCATION AND TRAINING OF THE VETERAN, ALSO CONSIDER THE
EQUIVALENT EDUCATION AND TRAINING OF THE VETERAN, IN ACCORDANCE WITH
SECTION SIXTY-FIVE HUNDRED FIVE-C OF THIS SUBARTICLE. IN MAKING THE
DETERMINATION FOR THE VETERAN'S SPOUSE, THE COMMISSIONER SHALL CONSIDER
THE EDUCATION AND TRAINING OF THE VETERAN'S SPOUSE, TOGETHER WITH ANY
EQUIVALENT EDUCATION, TRAINING, PAST ADMISSION OR PAST PRACTICE OF SUCH
SPOUSE OF SUCH PROFESSION IN ANOTHER JURISDICTION, TOGETHER WITH THE
STANDARDS OF THE AMERICAN COUNCIL ON EDUCATION. IF THE COMMISSIONER
DETERMINES THAT THE EDUCATION AND TRAINING OF THE VETERAN OR THE VETER-
AN'S SPOUSE, AND/OR THEIR PAST ADMISSION OR PAST PRACTICE IN ANOTHER
JURISDICTION, IS ESSENTIALLY EQUIVALENT TO THE REQUIREMENTS NECESSARY
FOR ADMISSION TO PRACTICE THE PROFESSION IN NEW YORK STATE, THEN THE
COMMISSIONER SHALL GRANT SUCH VETERAN OR VETERAN'S SPOUSE ADMISSION TO
PRACTICE THE PROFESSION IN NEW YORK STATE.
§ 4. The general business law is amended by adding a new article 2-A
to read as follows:
ARTICLE 2-A
LICENSING, CERTIFICATION AND REGISTRATION FOR VETERANS AND VETERAN
SPOUSES
SECTION 20-A. ARTICULATION BETWEEN MILITARY AND CIVILIAN PROFESSIONAL
CAREERS.
20-B. APPLICATION FOR LICENSING, CERTIFICATION OR REGISTRATION
TO PRACTICE A PROFESSION BY A VETERAN OR A SPOUSE OF A
VETERAN.
§ 20-A. ARTICULATION BETWEEN MILITARY AND CIVILIAN PROFESSIONAL
CAREERS. 1. THE SECRETARY OF STATE SHALL DEVELOP, JOINTLY WITH THE
DIRECTOR OF THE DIVISION OF VETERANS' AFFAIRS, A PROGRAM TO FACILITATE
ARTICULATION BETWEEN PARTICIPATION IN THE ARMED FORCES OF THE UNITED
STATES OR THE MILITARY SERVICE OF THE STATE AND THE LICENSING, CERTIF-
ICATION AND REGISTRATION FOR VETERANS TO PRACTICE ANY PROFESSION
LICENSED, CERTIFIED OR REGISTERED PURSUANT TO THIS CHAPTER. THE SECRE-
TARY AND THE DIRECTOR SHALL IDENTIFY, REVIEW AND EVALUATE PROFESSIONAL
TRAINING PROGRAMS OFFERED THROUGH EITHER THE ARMED FORCES OF THE UNITED
STATES OR THE MILITARY SERVICE OF THE STATE WHICH MAY, WHERE APPLICABLE,
BE ACCEPTED BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN
LIEU OF ALL OR PART OF AN APPROVED PROGRAM. PARTICULAR EMPHASIS SHALL BE
PLACED ON THE IDENTIFICATION OF MILITARY PROGRAMS WHICH HAVE PREVIOUSLY
BEEN DEEMED ACCEPTABLE BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND
TRAINING, PROGRAMS WHICH MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT
EDUCATION AND TRAINING FOR THOSE PROFESSIONS WHICH ARE CRITICAL TO
PUBLIC HEALTH AND SAFETY AND PROGRAMS WHICH MAY PROVIDE, WHERE APPLICA-
BLE, EQUIVALENT EDUCATION AND TRAINING FOR THOSE PROFESSIONS FOR WHICH
SHORTAGES EXIST IN THE STATE AND PROGRAMS WHICH MAY PROVIDE, WHERE
APPLICABLE, EQUIVALENT EDUCATION AND TRAINING FOR THOSE PROFESSIONS
S. 1253 4
WHICH WOULD PROMOTE THE ECONOMIC DEVELOPMENT, JOB CREATION OR TECHNOLOG-
ICAL ADVANCEMENT OF BUSINESS IN THE STATE.
2. THE SECRETARY AND THE DIRECTOR SHALL PREPARE A LIST OF THOSE MILI-
TARY PROGRAMS WHICH HAVE PREVIOUSLY BEEN DEEMED ACCEPTABLE BY THE
DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN LIEU OF ALL OR PART
OF AN APPROVED PROGRAM NO LATER THAN JANUARY FIRST, TWO THOUSAND SEVEN-
TEEN. ON AND AFTER SUCH DATE, SUCH LIST SHALL BE MADE AVAILABLE TO THE
PUBLIC AND APPLICANTS FOR ADMISSION TO PRACTICE OF A PROFESSION.
3. THE SECRETARY AND THE DIRECTOR SHALL PREPARE A LIST OF THOSE MILI-
TARY PROGRAMS WHICH MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT EDUCATION
AND TRAINING FOR THOSE PROFESSIONS WHICH ARE CRITICAL TO PUBLIC HEALTH
AND SAFETY, PROGRAMS WHICH MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT
EDUCATION AND TRAINING FOR THOSE PROFESSIONS FOR WHICH SHORTAGES EXIST
IN THE STATE, PROGRAMS WHICH MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT
EDUCATION AND TRAINING FOR THOSE PROFESSIONS WHICH WOULD PROMOTE THE
ECONOMIC DEVELOPMENT, JOB CREATION OR TECHNOLOGICAL ADVANCEMENT OF BUSI-
NESS IN THE STATE AND ANY OTHER MILITARY PROGRAMS WHICH MAY, WHERE
APPLICABLE, BE ACCEPTED BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND
TRAINING IN LIEU OF ALL OR PART OF AN APPROVED PROGRAM NO LATER THAN THE
THIRTY-FIRST OF OCTOBER, TWO THOUSAND EIGHTEEN. ON AND AFTER SUCH DATE,
SUCH LIST SHALL BE MADE AVAILABLE TO THE PUBLIC AND APPLICANTS FOR THE
LICENSING, CERTIFICATION AND REGISTRATION TO THE PRACTICE OF A PROFES-
SION.
4. SUCH LISTS SHALL BE PREPARED ANNUALLY NO LATER THAN THE THIRTIETH
OF JUNE THEREAFTER WITH ADDITIONS AND DELETIONS MADE JOINTLY BY THE
SECRETARY AND THE DIRECTOR AND MADE AVAILABLE TO THE PUBLIC AND APPLI-
CANTS FOR THE LICENSING, CERTIFICATION AND REGISTRATION TO THE PRACTICE
OF A PROFESSION ON SUCH DATE.
5. IN THEIR DETERMINATION PURSUANT TO THIS SECTION OF WHICH MILITARY
PROGRAMS PROVIDE EQUIVALENT EDUCATION AND TRAINING, SO AS TO BE ACCEPTED
BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN LIEU OF ALL OR
PART OF AN APPROVED PROGRAM, THE SECRETARY AND THE DIRECTOR SHALL
CONSIDER THE STANDARDS OF THE AMERICAN COUNCIL ON EDUCATION.
§ 20-B. APPLICATION FOR LICENSING, CERTIFICATION OR REGISTRATION TO
PRACTICE A PROFESSION BY A VETERAN OR A SPOUSE OF A VETERAN. THE SECRE-
TARY OF STATE SHALL PROVIDE FOR AN EXPEDITED APPLICATION FOR LICENSING,
CERTIFICATION OR REGISTRATION TO THE PRACTICE OF A PROFESSION BY A
VETERAN OR A SPOUSE OF A VETERAN. SUCH APPLICATION SHALL BE DETERMINED
BY THE SECRETARY WITHIN THIRTY DAYS OF THE FILING OF THE APPLICATION
WITH THE SECRETARY BY THE VETERAN OR SPOUSE OF A VETERAN. IN MAKING THE
DETERMINATION FOR THE VETERAN, THE SECRETARY SHALL, IN ADDITION TO THE
EDUCATION AND TRAINING OF THE VETERAN, ALSO CONSIDER THE EQUIVALENT
EDUCATION AND TRAINING OF THE VETERAN, IN ACCORDANCE WITH SECTION TWEN-
TY-A OF THIS ARTICLE. IN MAKING THE DETERMINATION FOR THE VETERAN'S
SPOUSE, THE SECRETARY SHALL CONSIDER THE EDUCATION AND TRAINING OF THE
VETERAN'S SPOUSE, TOGETHER WITH ANY EQUIVALENT EDUCATION, TRAINING, PAST
LICENSING, CERTIFICATION OR REGISTRATION OR PAST PRACTICE OF SUCH SPOUSE
OF SUCH PROFESSION IN ANOTHER JURISDICTION, TOGETHER WITH THE STANDARDS
OF THE AMERICAN COUNCIL ON EDUCATION. IF THE SECRETARY DETERMINES THAT
THE EDUCATION AND TRAINING OF THE VETERAN OR THE VETERAN'S SPOUSE,
AND/OR THEIR PAST LICENSING, CERTIFICATION OR REGISTRATION OR PAST PRAC-
TICE IN ANOTHER JURISDICTION, IS ESSENTIALLY EQUIVALENT TO THE REQUIRE-
MENTS NECESSARY FOR LICENSING, CERTIFICATION OR REGISTRATION TO PRACTICE
THE PROFESSION IN THE STATE, THEN THE SECRETARY SHALL GRANT SUCH VETERAN
OR VETERAN'S SPOUSE LICENSING, CERTIFICATION OR REGISTRATION TO PRACTICE
SUCH PROFESSION.
S. 1253 5
§ 5. Subdivision (c) of section 304-a of the vehicle and traffic law,
as added by chapter 61 of the laws of 1989, is amended to read as
follows:
(c) The commissioner may, by regulation, establish standards of compe-
tency and fitness for certification as an inspector; PROVIDED, HOWEVER,
THAT ANY PERSON WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, NATIONAL GUARD OR RESERVES AND WHO BY MILITARY TRAINING AND
PRACTICE ACQUIRED THE SKILLS OF A MOTOR VEHICLE INSPECTOR SHALL BE
CERTIFIED BY THE COMMISSIONER AS AN INSPECTOR.
§ 6. Section 398-d of the vehicle and traffic law is amended by adding
a new subdivision 8 to read as follows:
8. ANY PERSON WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, NATIONAL GUARD OR RESERVES, AND WHO BY MILITARY TRAINING AND
PRACTICE ACQUIRES THE SKILLS OF A MOTOR VEHICLE MECHANIC, SHALL BE
DEEMED TO BE QUALIFIED TO PERFORM WORK UPON MOTOR VEHICLES AT MOTOR
VEHICLE REPAIR SHOPS.
§ 7. Subdivision 2 of section 3002 of the public health law, as
amended by chapter 580 of the laws of 2007, is amended to read as
follows:
2. The state council shall have the power, by an affirmative vote of a
majority of those present, subject to approval by the commissioner, to
enact, and from time to time, amend and repeal, rules and regulations
establishing minimum standards for ambulance services, ambulance service
certification, advanced life support first response services, the
provision of prehospital emergency medical care, public education, the
development of a statewide emergency medical services system, the
provision of ambulance services outside the primary territory specified
in the ambulance services' certificate and the training, examination,
and certification of certified first responders, emergency medical tech-
nicians, and advanced emergency medical technicians; provided, however,
that such minimum standards must be consistent with the staffing stand-
ards established by section three thousand five-a of this article. Such
training shall be made available by video or computer to the maximum
extent possible. [Until January first, nineteen hundred ninety-seven, no
minimum standards shall be established for services provided by a volun-
tary ambulance service operating solely pursuant to a statement of
registration issued under section three thousand four.] The curriculum
for certified first responder training shall not exceed fifty-one hours
including prerequisites. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
ARTICLE TO THE CONTRARY, ANY PERSON WHO WAS A MEMBER OF THE ARMED FORCES
OF THE UNITED STATES, NATIONAL GUARD OR RESERVES, AND WHO BY MILITARY
TRAINING AND PRACTICE WAS A MEDIC OR CORPSMAN, SHALL BE CERTIFIED, WITH-
OUT EXAMINATION, BY THE STATE COUNCIL AND REGIONAL COUNCILS AS A FIRST
RESPONDER OR EMERGENCY MEDICAL TECHNICIAN. The state council shall have
the same powers granted to regional councils by this article in any
region of the state in which a regional council has not been estab-
lished.
§ 8. Subdivision 1 of section 236-a of the county law, as amended by
chapter 257 of the laws of 2014, is amended to read as follows:
1. Notwithstanding the provisions of the general city law or any other
law to the contrary, the counties of Dutchess, Suffolk and Westchester
are each hereby authorized to establish a county board of examiners for
master electricians and to empower such board to assume all licensing
duties within each such county with respect to the licensure of master
electricians. PROVIDED, THAT SUCH COUNTIES SHALL PROVIDE FOR THE
LICENSING, WITHOUT EXAMINATION, AS A MASTER ELECTRICIAN OF ANY PERSON
S. 1253 6
WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL
GUARD OR RESERVES, AND WHO BY MILITARY TRAINING AND PRACTICE ACQUIRED
THE SKILLS OF AN ELECTRICIAN. The counties of Dutchess, Suffolk and
Westchester shall provide for master electrician's duties and responsi-
bilities in accordance with the local law of each such county.
§ 9. Section 45 of the general city law is amended to read as follows:
§ 45. Examinations; conducting business without certificate prohibit-
ed. A person desiring or intending to conduct the trade, business or
calling of a plumber or of plumbing in a city of this state as employing
or master plumber, shall be required to submit to an examination before
such examining board of plumbers as to his experience and qualifications
for such trade, business or calling, and it shall not be lawful in any
city of this state for a person to conduct such trade, business or call-
ing, unless he shall have first obtained a certificate of competency
from such board of the city in which he conducts or proposes to conduct
such business. PROVIDED, HOWEVER, THAT ANY PERSON WHO WAS A MEMBER OF
THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES, AND
WHO BY MILITARY TRAINING AND PRACTICE ACQUIRED THE SKILLS OF A PLUMBER,
SHALL BE CERTIFIED AS COMPETENT WITHOUT EXAMINATION.
§ 10. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided, however,
that section one of this act shall take effect on the first of July next
succeeding the date on which it shall have become a law; provided, that,
effective immediately, any rules and regulations necessary to implement
the provisions of this act on its effective date are authorized and
directed to be amended, added and/or repealed on or before such date.