NY State Senate Bill 2017-S8259

Senate Bill S8259

2017-2018 Legislative Session

Relates to removing citizenship and immigration status requirements for applicants for licensure for certain professions

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 24, 2018	referred to higher education

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2017-S8259 (ACTIVE) - Details

See Assembly Version of this Bill:: A6788
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd Ed L, generally
Versions Introduced in 2019-2020 Legislative Session:: A6042

2017-S8259 (ACTIVE) - Summary

Relates to removing citizenship and immigration status requirements for applicants for licensure for certain professions.

2017-S8259 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8259

SPONSOR: PERALTA
 
TITLE OF BILL:

An act to amend the education law, in relation to removing citizenship
and immigration status requirements for applicants for licensure for
certain professions

 
PURPOSE:

To reduce barriers for immigrants to obtain professional licenses to
aide in filling state labor shortages and retaining skilled immigrants
to capitalize on underutilized talent and to increase the economic bene-
fits of immigrant income, spending, and tax revenues from better-paying
jobs.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The education law is amended by adding a new section 6501-a.
Citizenship status, except as provided in paragraph (f) of subdivision

six of section sixty-five hundred six of this article, the department
shall not deny licensure to an applicant to practice any profession set
forth in this title on the basis of such applicant's citizenship status
or immigration status. Any application required by this title to be
filed with the department by an individual applicant shall include
either the individual taxpayer identification number or the social secu-
rity number of the applicant.

Section 2: Subdivision 6 of section 6524 of the education law, as
amended by chapter 379 of the laws of 2008, is amended to read as
follows: Citizenship or immigration status: be a United States citizen
or an alien lawfully admitted for permanent residence in the United
States, provided, however that the board of regents may grant a three
year waiver for alien physician to practice in an area which has been
designated by the department as medically underserved, except that the
board of regents may grant an additional extension not to exceed six
years to an alien physician to enable him or her to secure citizenship
or permanent resident status, provided such status is being actively
pursued. Provided further that the board of regents may grant an addi-
tional three year waiver, and at its expiration, an extension for a
period not to exceed six additional years, for the holder of an H-1b
visa, an O-1 visa, or equivalent or successor visa.

Section 3: Paragraph 1 of section 6525 of the education law, as amended
by chapter 133 of the laws of 1982, is amended to eliminate citizenship
and immigration requirements on license applications for physicians.

Section 4: Subdivision 6 of section 6554 of the education law, as
amended by chapter 133 of the laws of 1982, is amended to specify that
an applicant for a chiropractic license need not meet immigration or
citizenship requirements.

Section 5: Subdivision 6 of section 6604 of the education law, as
amended by chapter 403 of the laws of 2002, is amended to specify that
an applicant for a dental license need not meet immigration or citizen-
ship requirements.


Section 6: Subdivision 7 of section 6604-b of the education law, as
added by chapter 537 of the laws of 2008, is amended to eliminate
certain immigration and citizenship requirements from license applica-
tions for dental faculty members.

Section 7: Subdivision 6 of section 6609 of the education law, as
amended by chapter 403 laws of 2002, is amended to eliminate certain
immigration and citizenship requirements from license applications for
dental hygienists.

Section 8. Subdivision 6 of section 6704 of the education law, as
amended by chapter 201 of the laws of 2007, is amended to eliminate
certain immigration and citizenship requirements from license applica-
tions for veterinarians.

Section 9. Paragraph 1 of subdivision 1 of section 6707 of the education
law, as amended by chapter 133 of the laws of 1982, is amended to elimi-
nate certain immigration and citizenship requirements from license
applications for limited permits for the practice of veterinary medi-
cine.

Section 10. Subdivision 6 of section 6711 of the education law, as
amended by chapter 80 of the laws of 200, is amended to eliminate
certain immigration and citizenship requirements from license applica-
tions for animal health technicians.

Section 11. Paragraph 1 of subdivision 1 of section 6711-a of the educa-
tion law, as amended by chapter 333 of the laws of 1990, is amended to
eliminate certain immigration and citizenship requirements from license
applications for veterinary technician.

Section 12. Paragraph 6 of subdivision 1 of section 6805 of the educa-
tion law, as amended by chapter 133 of the laws of 1982, is amended to
eliminate certain immigration and citizenship requirements from license
applications for pharmacists.

Section 13. Subdivision 6 of section 6905 of the education law, as
amended by chapter 994 of the laws of 1971 and such section as renum-
bered by chapter 50 of the laws of 1972, is amended to eliminate immi-
gration status requirements for registered professional nurse license
applications.

Section 14. Subdivision 6 of section 6906 of the education law, as
amended by chapter 330 of the laws of 1981, is amended to eliminate
immigration status requirements for licensed practical nurse license
applications.

Section 15. Subdivision 6 of section 6955 of the education law, as added
by chapter 327 of the laws of 1992, is amended to eliminate certain
immigration and citizenship requirements from license applications for
professional midwives.

Section 16. Subdivision 6 of section 7004 of the education law, as added
by chapter 987 of the laws of 1971, is amended to eliminate immigration
status requirements for podiatrist applications.



Section 17. Subdivision 6 of section 7104 of the education law, as added
by chapter 987 of the laws of 1971, is amended to eliminate immigration
status requirements for optometrist applications.

Section 18. Paragraph 6 of subdivision a of section 7124 of the educa-
tion law, as amended by chapter 475 of the laws of 1973, is amended to
eliminate immigration status requirements for optician applications.

Section 19. Paragraph 6, of subdivision 1 of section 7206 of the educa-
tion law, as amended by chapter 133 of the laws of 1982, is amended to
eliminate certain immigration and citizenship requirements from license
applications for professional engineers.

Section 20. Paragraph 6 of subdivision 1 of section 7206-a of the educa-
tion law, as amended by chapter 133 of the laws of 1982, is amended to
eliminate certain immigration and citizenship requirements from license
applications for professional land surveyors.

Section 21. Paragraph 6 of subdivision 1 of section 7304 of the educa-
tion law, as added by chapter 987 of the laws of 1971, is amended to
eliminate immigration status requirements for architect applications.

Section 22. Paragraph 6 of subdivision 1 of section 7324 of the educa-
tion law, as amended by chapter 133 of the laws of 1982, is amended to
eliminate certain immigration and citizenship requirements from license
applications for landscape architects.

Section 23. Paragraph 6 of subdivision 1 of section 7404 of the educa-
tion law, as added by chapter 987 of the laws of 1971, is amended to
eliminate immigration status requirements for certified public account-
ants.

Section 24. Paragraph 6 of subdivision 1 of section 7504 of the educa-
tion law, as amended by chapter 133 of the laws of 1982, is amended to
eliminate certain immigration and citizenship requirements from license
applications for shorthand reporters.

Section 25. Subdivision 6 of the section 7603 of the education law, as
added by chapter 987 of the laws of 1971, is amended to eliminate immi-
gration status requirements for psychologist applications.

Section 26. Subdivision 5 of section 7804 of the education law, as
amended by chapter 230 of the laws of 1997, is amended to eliminate
certain immigration and citizenship requirements from license applica-
tions for massage therapists.

Section 27. Subdivision 1 of section 7806 of the education law, as
amended by chapter 230 of the laws of 1997. To include massage thera-
pist, masseur or masseuse.

Section 28. Subdivision 6 of section 7904 of the education law, as
amended by chapter 460 of the laws of 2011, is amended to eliminate
immigration status requirements for occupational therapist applications.

Section 29. Paragraph (f) of subdivision of section 8305 of the educa-
tion law, as added by chapter 905 of the laws of 1990, is amended to
eliminate immigration status requirements for interior designer applica-
tions.
 
JUSTIFICATION:

Granting professional licenses to undocumented immigrants would boost
the state economy. The United States' 42 million immigrants make rich
economic and social contributions to communities across the country. Our
country and state currently have strong and well educated immigrant work
force. Nearly 24% of community college students have an immigrant back-
ground and 41% of arriving immigrants hold at least a bachelor's degree.
The increase in wages that would result from fully employing highly
skilled immigrant professionals could add thousands in dollars in tax
revenues.

Many of the areas where professional licenses are required include high-
paying and high-demand jobs. Jobs in areas such as the medical field or
engineering represent high-earning positions that are currently vacant
in certain parts of the country and state as there are not enough
current college graduates entering these fields.  Granting professional
license to undocumented college graduates would allow these jobs to be
filled and contribute to the state's workforce.

Prior educational investment is the crux of many arguments in support of
expanding access to higher education and professional licensing to
undocumented students educated in public schools across the country.
Granting professional licenses to undocumented students who have bene-
fited from American public education allows them to join the workforce
and contribute to the state's economy without fear of deportation, thus
allowing the state to get a return on its investment.

Granting professional licenses to undocumented immigrants would empower
to become economically self-sufficient and allow them to participate in
the development of their communities.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None. It would increase revenue through licensing fees.

 
EFFECTIVE DATE:
On the sixtieth day after it shall have become law.

2017-S8259 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8259
 
                             I N  S E N A T E
 
                              April 24, 2018
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to  removing  citizenship
   and  immigration  status requirements for applicants for licensure for
   certain professions
 
   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 6501-a
 to read as follows:
   § 6501-A. CITIZENSHIP STATUS; IDENTIFICATION. 1. A. EXCEPT AS PROVIDED
 IN PARAGRAPH (F) OF SUBDIVISION SIX OF SECTION SIXTY-FIVE HUNDRED SIX OF
 THIS ARTICLE, THE DEPARTMENT SHALL NOT DENY LICENSURE TO AN APPLICANT TO
 PRACTICE  ANY  PROFESSION  SET  FORTH IN THIS TITLE ON THE BASIS OF SUCH
 APPLICANT'S CITIZENSHIP STATUS OR IMMIGRATION STATUS.
   B. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE  RULES  AND  REGULATIONS
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
   2. ANY APPLICATION REQUIRED BY THIS TITLE TO BE FILED WITH THE DEPART-
 MENT  BY  AN  INDIVIDUAL  APPLICANT  SHALL INCLUDE EITHER THE INDIVIDUAL
 TAXPAYER IDENTIFICATION NUMBER OR THE  SOCIAL  SECURITY  NUMBER  OF  THE
 APPLICANT.
   § 2. Subdivision 6 of section 6524 of the education law, as amended by
 chapter 379 of the laws of 2008, is amended to read as follows:
   (6)  Citizenship or immigration status: [be a United States citizen or
 an alien lawfully admitted for permanent residence in the United States;
 provided, however that the board of regents may grant a three year waiv-
 er for an alien physician to practice in an area which has  been  desig-
 nated  by the department as medically underserved, except that the board
 of regents may grant an additional extension not to exceed six years  to
 an  alien physician to enable him or her to secure citizenship or perma-
 nent resident status, provided such status is  being  actively  pursued;
 and  provided  further that the board of regents may grant an additional
 three year waiver, and at its expiration, an extension for a period  not
 to  exceed  six additional years, for the holder of an H-1b visa, an O-1

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10309-01-7

 S. 8259                             2

 visa, or an equivalent or successor visa thereto] MEET NO REQUIREMENT AS
 TO UNITED STATES CITIZENSHIP OR IMMIGRATION STATUS;
   §  3.  Paragraph  1  of subdivision 1 of section 6525 of the education
 law, as amended by chapter 133 of the laws of 1982, is amended  to  read
 as follows:
   (1)  A  person who fulfills all requirements for a license as a physi-
 cian except those relating to the examination [and citizenship or perma-
 nent residence in the United States];
   § 4. Subdivision 6 of section 6554 of the education law, as amended by
 chapter 133 of the laws of 1982, is amended to read as follows:
   (6) Citizenship or immigration status: [be a United States citizen  or
 an alien lawfully admitted for permanent residence in the United States]
 MEET  NO  REQUIREMENT  AS  TO  UNITED  STATES CITIZENSHIP OR IMMIGRATION
 STATUS;
   § 5. Subdivision 6 of section 6604 of the education law, as amended by
 chapter 403 of the laws of 2002, is amended to read as follows:
   (6) Citizenship or immigration status: [be a United States citizen  or
 an alien lawfully admitted for permanent residence in the United States;
 provided,  however,  that  the  board  of regents may grant a three year
 waiver for an alien to practice in an area which has been  designated  a
 federal  dental  health professions shortage area, except that the board
 of regents may grant an additional extension not to exceed six years  to
 an  alien  to enable him or her to secure citizenship or permanent resi-
 dent status, provided such status is being  actively  pursued]  MEET  NO
 REQUIREMENT AS TO UNITED STATES CITIZENSHIP OR IMMIGRATION STATUS;
   § 6. Subdivision 7 of section 6604-b of the education law, as added by
 chapter 537 of the laws of 2008, is amended to read as follows:
   7. [In order to be eligible for a restricted dental faculty license an
 applicant  must be a United States citizen or an alien lawfully admitted
 for permanent residence in the United States;  provided,  however,  that
 the  department may grant a three year waiver for an alien who otherwise
 meets all other requirements for a  restricted  dental  faculty  license
 except  that  the  department  may  grant an additional extension not to
 exceed six years to an alien to enable him or her to secure  citizenship
 or  permanent  resident  status,  provided such status is being actively
 pursued.] No current faculty member shall be displaced by the holder  of
 a restricted dental faculty license.
   § 7. Subdivision 6 of section 6609 of the education law, as amended by
 chapter 403 of the laws of 2002, is amended to read as follows:
   (6)  Citizenship or immigration status: [be a United States citizen or
 an alien lawfully admitted for permanent residence in the United States;
 provided, however, that the board of regents  may  grant  a  three  year
 waiver  for  an alien to practice in an area which has been designated a
 federal dental health professions shortage area, except that  the  board
 of  regents may grant an additional extension not to exceed six years to
 an alien to enable him or her to secure citizenship or  permanent  resi-
 dent  status,  provided  such  status is being actively pursued] MEET NO
 REQUIREMENT AS TO UNITED STATES CITIZENSHIP OR IMMIGRATION STATUS;
   § 8. Subdivision 6 of section 6704 of the education law, as amended by
 chapter 201 of the laws of 2007, is amended to read as follows:
   (6) Citizenship or immigration status: [be a United States citizen  or
 an alien lawfully admitted for permanent residence in the United States;
 provided,  however that the board of regents may grant a one-time three-
 year waiver for a veterinarian who otherwise meets the  requirements  of
 this  article and who has accepted an offer to practice veterinary medi-
 cine in a county in the state which  the  department  has  certified  as

 S. 8259                             3

 having  a shortage of qualified applicants to fill existing vacancies in
 veterinary medicine, and provided further that the board of regents  may
 grant  an extension of such three-year waiver of not more than one year]
 MEET  NO  REQUIREMENT  AS  TO  UNITED  STATES CITIZENSHIP OR IMMIGRATION
 STATUS;
   § 9. Paragraph 1 of subdivision 1 of section  6707  of  the  education
 law,  as  amended by chapter 133 of the laws of 1982, is amended to read
 as follows:
   (1) A person who fulfills all requirements for a license as a  veteri-
 narian  except  those  relating  to  the examination [and citizenship or
 permanent residence in the United States];
   § 10. Subdivision 6 of section 6711 of the education law,  as  amended
 by chapter 80 of the laws of 2000, is amended to read as follows:
   6.  Citizenship  or immigration status: [be a United States citizen or
 an alien lawfully admitted for permanent residence in the United States;
 provided, however that the board of regents may grant a one-time  three-
 year  waiver  for  an  animal  health technician who otherwise meets the
 requirements of this article and provided  further  that  the  board  of
 regents  may  grant  an  extension of such three-year waiver of not more
 than one year] MEET NO REQUIREMENT AS TO UNITED  STATES  CITIZENSHIP  OR
 IMMIGRATION STATUS;
   §  11. Paragraph 1 of subdivision 1 of section 6711-a of the education
 law, as amended by chapter 333 of the laws of 1990, is amended  to  read
 as follows:
   1.  Eligibility.  Persons  shall  be eligible for a limited permit who
 fulfill all requirements for a license as a veterinary technician except
 those relating to the examination [and citizenship  or  permanent  resi-
 dence in the United States].
   §  12.  Paragraph  6 of subdivision 1 of section 6805 of the education
 law, as amended by chapter 133 of the laws of 1982, is amended  to  read
 as follows:
   (6)  Citizenship or immigration status: [be a United States citizen or
 an alien lawfully admitted for permanent residence in the United States]
 MEET NO REQUIREMENT AS  TO  UNITED  STATES  CITIZENSHIP  OR  IMMIGRATION
 STATUS;
   §  13.  Subdivision 6 of section 6905 of the education law, as amended
 by chapter 994 of the laws of 1971 and such  section  as  renumbered  by
 chapter 50 of the laws of 1972, is amended to read as follows:
   (6)  Citizenship  OR  IMMIGRATION  STATUS:   meet no requirement as to
 United States citizenship OR IMMIGRATION STATUS;
   § 14. Subdivision 6 of section 6906 of the education law,  as  amended
 by chapter 330 of the laws of 1981, is amended to read as follows:
   (6)  Citizenship  OR  IMMIGRATION STATUS:   meet no requirements as to
 United States citizenship OR IMMIGRATION STATUS;
   § 15. Subdivision 6 of section 6955 of the education law, as added  by
 chapter 327 of the laws of 1992, is amended to read as follows:
   6.  Citizenship  or immigration status: [be a United States citizen or
 an alien lawfully admitted for permanent residence in the United States]
 MEET NO REQUIREMENT AS  TO  UNITED  STATES  CITIZENSHIP  OR  IMMIGRATION
 STATUS.
   §  16. Subdivision 6 of section 7004 of the education law, as added by
 chapter 987 of the laws of 1971, is amended to read as follows:
   (6) Citizenship OR IMMIGRATION STATUS:   meet no  requirements  as  to
 United States citizenship OR IMMIGRATION STATUS;
   §  17. Subdivision 6 of section 7104 of the education law, as added by
 chapter 987 of the laws of 1971, is amended to read as follows:

 S. 8259                             4
 
   (6) Citizenship OR IMMIGRATION STATUS:   meet  no  requirement  as  to
 United States citizenship OR IMMIGRATION STATUS;
   §  18.  Paragraph  6 of subdivision a of section 7124 of the education
 law, as amended by chapter 475 of the laws of 1973, is amended  to  read
 as follows:
   (6)  Citizenship  OR  IMMIGRATION  STATUS:   meet no requirement as to
 United States citizenship OR IMMIGRATION STATUS;
   § 19. Paragraph 6 of subdivision 1 of section 7206  of  the  education
 law,  as  amended by chapter 133 of the laws of 1982, is amended to read
 as follows:
   (6) Citizenship or immigration status: [be a United States citizen  or
 an alien lawfully admitted for permanent residence in the United States]
 MEET  NO  REQUIREMENT  AS  TO  UNITED  STATES CITIZENSHIP OR IMMIGRATION
 STATUS;
   § 20. Paragraph 6 of subdivision 1 of section 7206-a of the  education
 law,  as  amended by chapter 133 of the laws of 1982, is amended to read
 as follows:
   (6) Citizenship or immigration status: [be a United States citizen  or
 an alien lawfully admitted for permanent residence in the United States]
 MEET  NO  REQUIREMENT  AS  TO  UNITED  STATES CITIZENSHIP OR IMMIGRATION
 STATUS;
   § 21. Paragraph 6 of subdivision 1 of section 7304  of  the  education
 law,  as added by chapter 987 of the laws of 1971, is amended to read as
 follows:
   (6) Citizenship OR IMMIGRATION STATUS:   meet  no  requirement  as  to
 United States citizenship OR IMMIGRATION STATUS;
   §  22.  Paragraph  6 of subdivision 1 of section 7324 of the education
 law, as amended by chapter 133 of the laws of 1982, is amended  to  read
 as follows:
   (6)  Citizenship or immigration status: [be a United States citizen or
 an alien lawfully admitted for permanent residence in the United States]
 MEET NO REQUIREMENT AS  TO  UNITED  STATES  CITIZENSHIP  OR  IMMIGRATION
 STATUS;
   §  23.  Paragraph  6 of subdivision 1 of section 7404 of the education
 law, as added by chapter 987 of the laws of 1971, is amended to read  as
 follows:
   (6)  Citizenship  OR  IMMIGRATION STATUS:   meet no requirements as to
 United States citizenship OR IMMIGRATION STATUS;
   § 24. Paragraph 6 of subdivision 1 of section 7504  of  the  education
 law,  as  amended by chapter 133 of the laws of 1982, is amended to read
 as follows:
   (6) Citizenship or immigration status: [be a United States citizen  or
 an alien lawfully admitted for permanent residence in the United States]
 MEET  NO  REQUIREMENT  AS  TO  UNITED  STATES CITIZENSHIP OR IMMIGRATION
 STATUS;
   § 25. Subdivision 6 of section 7603 of the education law, as added  by
 chapter 987 of the laws of 1971, is amended to read as follows:
   (6)  Citizenship  OR  IMMIGRATION  STATUS:   meet no requirement as to
 United States citizenship OR IMMIGRATION STATUS;
   § 26. Subdivision 5 of section 7804 of the education law,  as  amended
 by chapter 230 of the laws of 1997, is amended to read as follows:
   (5)  Citizenship or immigration status: [be a United States citizen or
 an alien lawfully admitted for permanent residence in the United States]
 MEET NO REQUIREMENT AS  TO  UNITED  STATES  CITIZENSHIP  OR  IMMIGRATION
 STATUS;

 S. 8259                             5
 
   §  27.  Subdivision 1 of section 7806 of the education law, as amended
 by chapter 230 of the laws of 1997, is amended to read as follows:
   1. The department may issue a limited permit to practice massage ther-
 apy as a licensed massage therapist, masseur or masseuse to a person who
 has  not  previously  held such a permit and who fulfills all except the
 examination [and  citizenship]  requirements  for  a  license,  provided
 however that a permit shall not be issued to a person who has failed the
 state licensing examination.
   §  28.  Subdivision 6 of section 7904 of the education law, as amended
 by chapter 460 of the laws of 2011, is amended to read as follows:
   (6) Meet no requirements as to  United  States  citizenship  OR  IMMI-
 GRATION STATUS.
   §  29. Paragraph (f) of subdivision 1 of section 8305 of the education
 law, as added by chapter 905 of the laws of 1990, is amended to read  as
 follows:
   (f)  Citizenship  OR  IMMIGRATION STATUS:   meet no requirements as to
 United States citizenship OR IMMIGRATION STATUS;
   § 30. This act shall take effect on the sixtieth day  after  it  shall
 have  become a law; provided, however that the amendments to subdivision
 7 of section 6604-b of the education law made by section six of this act
 shall not affect the repeal of such  subdivision  and  shall  be  deemed
 repealed  therewith;  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 is authorized
 to be made and completed on or before such date.

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Senate Bill S8259

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Jose Peralta