LBD04560-01-1
S. 1221 2
THE DEPARTMENT OF STATE MAY GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT
APPEARS BASED ON THE APPLICATION AND SUPPORTING DOCUMENTATION RECEIVED
THAT THE APPLICANT WILL MEET THE REQUIREMENTS FOR LICENSURE IN THIS
STATE BECAUSE HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER
STATE WITH SIGNIFICANTLY COMPARABLE LICENSURE REQUIREMENTS TO THOSE OF
THIS STATE, EXCEPT THE DEPARTMENT OF STATE HAS NOT BEEN ABLE TO SECURE
DIRECT SOURCE VERIFICATION OF THE APPLICANT'S UNDERLYING CREDENTIALS
(E.G., RECEIPT OF ORIGINAL TRANSCRIPT, EXPERIENCE VERIFICATION). SUCH
PERMIT SHALL BE VALID FOR SIX MONTHS OR UNTIL TEN DAYS AFTER NOTIFICA-
TION THAT THE APPLICANT DOES NOT MEET THE QUALIFICATIONS FOR LICENSURE.
AN ADDITIONAL SIX MONTHS MAY BE GRANTED UPON A DETERMINATION BY THE
DEPARTMENT OF STATE THAT THE APPLICANT IS EXPECTED TO QUALIFY FOR THE
FULL LICENSE UPON RECEIPT OF THE REMAINING DIRECT SOURCE VERIFICATION
DOCUMENTS REQUESTED BY THE DEPARTMENT OF STATE IN SUCH TIME PERIOD AND
THAT THE DELAY IN PROVIDING THE NECESSARY DOCUMENTATION FOR FULL LICEN-
SURE WAS DUE TO EXTENUATING CIRCUMSTANCES WHICH THE MILITARY SPOUSE
COULD NOT AVOID.
(C) A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH (B) OF THIS
SUBDIVISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY
AUTHORITY OF THE DEPARTMENT OF STATE, PURSUANT TO THIS ARTICLE, AS IF
SUCH AUTHORIZATION WERE A LICENSE ISSUED UNDER THIS ARTICLE.
(D) THE DEPARTMENT OF STATE SHALL REDUCE THE INITIAL LICENSURE APPLI-
CATION FEE BY ONE-HALF FOR ANY APPLICATION SUBMITTED BY A MILITARY
SPOUSE UNDER THIS SUBDIVISION.
§ 2. Section 444-e of the real property law is amended by adding a new
subdivision 5 to read as follows:
5. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY
APPLICANT SEEKING TO QUALIFY FOR A LICENSE PURSUANT TO THIS ARTICLE WHO
IS THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, NATIONAL GUARD OR RESERVES AS DEFINED IN 10 U.S.C. SECTIONS
1209 AND 1211, AND SUCH SPOUSE IS TRANSFERRED BY THE MILITARY TO THIS
STATE SHALL BE AFFORDED AN EXPEDITED REVIEW OF HIS OR HER APPLICATION
FOR LICENSURE. SUCH APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE
DEPARTMENT AND SHALL INCLUDE AN ATTESTATION BY THE APPLICANT OF THE
MILITARY STATUS OF HIS OR HER SPOUSE AND ANY OTHER SUCH SUPPORTING
DOCUMENTATION THAT SUCH DEPARTMENT MAY REQUIRE. UPON REVIEW OF SUCH
APPLICATION, THE DEPARTMENT SHALL ISSUE A LICENSE TO THE APPLICANT IF
THE APPLICANT HOLDS A LICENSE IN GOOD STANDING IN ANOTHER STATE AND IN
THE OPINION OF SUCH DEPARTMENT, THE REQUIREMENTS FOR LICENSURE OF SUCH
OTHER STATE ARE SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR LICEN-
SURE IN THIS STATE.
(B) IN ADDITION TO THE EXPEDITED REVIEW GRANTED IN PARAGRAPH (A) OF
THIS SUBDIVISION, AN APPLICANT WHO PROVIDES SATISFACTORY DOCUMENTATION
THAT HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER STATE, MAY
REQUEST THE ISSUANCE OF A TEMPORARY PRACTICE PERMIT, WHICH, IF GRANTED
WILL PERMIT THE APPLICANT TO WORK UNDER THE SUPERVISION OF A NEW YORK
STATE LICENSEE IN ACCORDANCE WITH REGULATIONS OF THE SECRETARY. THE
DEPARTMENT MAY GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT APPEARS
BASED ON THE APPLICATION AND SUPPORTING DOCUMENTATION RECEIVED THAT THE
APPLICANT WILL MEET THE REQUIREMENTS FOR LICENSURE IN THIS STATE BECAUSE
HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER STATE WITH
SIGNIFICANTLY COMPARABLE LICENSURE REQUIREMENTS TO THOSE OF THIS STATE,
EXCEPT THE DEPARTMENT HAS NOT BEEN ABLE TO SECURE DIRECT SOURCE VERIFI-
CATION OF THE APPLICANT'S UNDERLYING CREDENTIALS (E.G., RECEIPT OF
ORIGINAL TRANSCRIPT, EXPERIENCE VERIFICATION). SUCH PERMIT SHALL BE
VALID FOR SIX MONTHS OR UNTIL TEN DAYS AFTER NOTIFICATION THAT THE
S. 1221 3
APPLICANT DOES NOT MEET THE QUALIFICATIONS FOR LICENSURE. AN ADDITIONAL
SIX MONTHS MAY BE GRANTED UPON A DETERMINATION BY THE DEPARTMENT THAT
THE APPLICANT IS EXPECTED TO QUALIFY FOR THE FULL LICENSE UPON RECEIPT
OF THE REMAINING DIRECT SOURCE VERIFICATION DOCUMENTS REQUESTED BY THE
DEPARTMENT IN SUCH TIME PERIOD AND THAT THE DELAY IN PROVIDING THE
NECESSARY DOCUMENTATION FOR FULL LICENSURE WAS DUE TO EXTENUATING
CIRCUMSTANCES WHICH THE MILITARY SPOUSE COULD NOT AVOID.
(C) A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH (B) OF THIS
SUBDIVISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY
AUTHORITY OF THE DEPARTMENT, PURSUANT TO THIS ARTICLE, AS IF SUCH
AUTHORIZATION WERE A LICENSE ISSUED UNDER THIS ARTICLE.
(D) THE DEPARTMENT SHALL REDUCE THE INITIAL LICENSURE APPLICATION FEE
BY ONE-HALF FOR ANY APPLICATION SUBMITTED BY A MILITARY SPOUSE UNDER
THIS SUBDIVISION.
§ 3. Section 69-p of the general business law is amended by adding a
new subdivision 4 to read as follows:
4. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY
APPLICANT SEEKING TO QUALIFY FOR A LICENSE PURSUANT TO THIS ARTICLE WHO
IS THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, NATIONAL GUARD OR RESERVES AS DEFINED IN 10 U.S.C. SECTIONS
1209 AND 1211, AND SUCH SPOUSE IS TRANSFERRED BY THE MILITARY TO THIS
STATE SHALL BE AFFORDED AN EXPEDITED REVIEW OF HIS OR HER APPLICATION
FOR LICENSURE. SUCH APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE
DEPARTMENT OF STATE AND SHALL INCLUDE AN ATTESTATION BY THE APPLICANT OF
THE MILITARY STATUS OF HIS OR HER SPOUSE AND ANY OTHER SUCH SUPPORTING
DOCUMENTATION THAT SUCH DEPARTMENT MAY REQUIRE. UPON REVIEW OF SUCH
APPLICATION, THE DEPARTMENT OF STATE SHALL ISSUE A LICENSE TO THE APPLI-
CANT IF THE APPLICANT HOLDS A LICENSE IN GOOD STANDING IN ANOTHER STATE
AND IN THE OPINION OF SUCH DEPARTMENT, THE REQUIREMENTS FOR LICENSURE OF
SUCH OTHER STATE ARE SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR
LICENSURE IN THIS STATE.
(B) IN ADDITION TO THE EXPEDITED REVIEW GRANTED IN PARAGRAPH (A) OF
THIS SUBDIVISION, AN APPLICANT WHO PROVIDES SATISFACTORY DOCUMENTATION
THAT HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER STATE, MAY
REQUEST THE ISSUANCE OF A TEMPORARY PRACTICE PERMIT, WHICH, IF GRANTED
WILL PERMIT THE APPLICANT TO WORK UNDER THE SUPERVISION OF A NEW YORK
STATE LICENSEE IN ACCORDANCE WITH REGULATIONS OF THE SECRETARY OF STATE.
THE DEPARTMENT OF STATE MAY GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT
APPEARS BASED ON THE APPLICATION AND SUPPORTING DOCUMENTATION RECEIVED
THAT THE APPLICANT WILL MEET THE REQUIREMENTS FOR LICENSURE IN THIS
STATE BECAUSE HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER
STATE WITH SIGNIFICANTLY COMPARABLE LICENSURE REQUIREMENTS TO THOSE OF
THIS STATE, EXCEPT THE DEPARTMENT OF STATE HAS NOT BEEN ABLE TO SECURE
DIRECT SOURCE VERIFICATION OF THE APPLICANT'S UNDERLYING CREDENTIALS
(E.G., RECEIPT OF ORIGINAL TRANSCRIPT, EXPERIENCE VERIFICATION). SUCH
PERMIT SHALL BE VALID FOR SIX MONTHS OR UNTIL TEN DAYS AFTER NOTIFICA-
TION THAT THE APPLICANT DOES NOT MEET THE QUALIFICATIONS FOR LICENSURE.
AN ADDITIONAL SIX MONTHS MAY BE GRANTED UPON A DETERMINATION BY THE
DEPARTMENT OF STATE THAT THE APPLICANT IS EXPECTED TO QUALIFY FOR THE
FULL LICENSE UPON RECEIPT OF THE REMAINING DIRECT SOURCE VERIFICATION
DOCUMENTS REQUESTED BY THE DEPARTMENT OF STATE IN SUCH TIME PERIOD AND
THAT THE DELAY IN PROVIDING THE NECESSARY DOCUMENTATION FOR FULL LICEN-
SURE WAS DUE TO EXTENUATING CIRCUMSTANCES WHICH THE MILITARY SPOUSE
COULD NOT AVOID.
(C) A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH (B) OF THIS
SUBDIVISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY
S. 1221 4
AUTHORITY OF THE DEPARTMENT OF STATE, PURSUANT TO THIS ARTICLE, AS IF
SUCH AUTHORIZATION WERE A LICENSE ISSUED UNDER THIS ARTICLE.
(D) THE DEPARTMENT OF STATE SHALL REDUCE THE INITIAL LICENSURE APPLI-
CATION FEE BY ONE-HALF FOR ANY APPLICATION SUBMITTED BY A MILITARY
SPOUSE UNDER THIS SUBDIVISION.
§ 4. Section 72 of the general business law is amended by adding a new
subdivision 5 to read as follows:
5. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY
APPLICANT SEEKING TO QUALIFY FOR A LICENSE PURSUANT TO THIS SECTION WHO
IS THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, NATIONAL GUARD OR RESERVES AS DEFINED IN 10 U.S.C. SECTIONS
1209 AND 1211, AND SUCH SPOUSE IS TRANSFERRED BY THE MILITARY TO THIS
STATE SHALL BE AFFORDED AN EXPEDITED REVIEW OF HIS OR HER APPLICATION
FOR LICENSURE. SUCH APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE
DEPARTMENT OF STATE AND SHALL INCLUDE AN ATTESTATION BY THE APPLICANT OF
THE MILITARY STATUS OF HIS OR HER SPOUSE AND ANY OTHER SUCH SUPPORTING
DOCUMENTATION THAT SUCH DEPARTMENT MAY REQUIRE. UPON REVIEW OF SUCH
APPLICATION, THE DEPARTMENT OF STATE SHALL ISSUE A LICENSE TO THE APPLI-
CANT IF THE APPLICANT HOLDS A LICENSE IN GOOD STANDING IN ANOTHER STATE
AND IN THE OPINION OF SUCH DEPARTMENT, THE REQUIREMENTS FOR LICENSURE OF
SUCH OTHER STATE ARE SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR
LICENSURE IN THIS STATE.
(B) IN ADDITION TO THE EXPEDITED REVIEW GRANTED IN PARAGRAPH (A) OF
THIS SUBDIVISION, AN APPLICANT WHO PROVIDES SATISFACTORY DOCUMENTATION
THAT HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER STATE, MAY
REQUEST THE ISSUANCE OF A TEMPORARY PRACTICE PERMIT, WHICH, IF GRANTED
WILL PERMIT THE APPLICANT TO WORK UNDER THE SUPERVISION OF A NEW YORK
STATE LICENSEE IN ACCORDANCE WITH REGULATIONS OF THE SECRETARY OF STATE.
THE DEPARTMENT OF STATE MAY GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT
APPEARS BASED ON THE APPLICATION AND SUPPORTING DOCUMENTATION RECEIVED
THAT THE APPLICANT WILL MEET THE REQUIREMENTS FOR LICENSURE IN THIS
STATE BECAUSE HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER
STATE WITH SIGNIFICANTLY COMPARABLE LICENSURE REQUIREMENTS TO THOSE OF
THIS STATE, EXCEPT THE DEPARTMENT OF STATE HAS NOT BEEN ABLE TO SECURE
DIRECT SOURCE VERIFICATION OF THE APPLICANT'S UNDERLYING CREDENTIALS
(E.G., RECEIPT OF ORIGINAL TRANSCRIPT, EXPERIENCE VERIFICATION). SUCH
PERMIT SHALL BE VALID FOR SIX MONTHS OR UNTIL TEN DAYS AFTER NOTIFICA-
TION THAT THE APPLICANT DOES NOT MEET THE QUALIFICATIONS FOR LICENSURE.
AN ADDITIONAL SIX MONTHS MAY BE GRANTED UPON A DETERMINATION BY THE
DEPARTMENT OF STATE THAT THE APPLICANT IS EXPECTED TO QUALIFY FOR THE
FULL LICENSE UPON RECEIPT OF THE REMAINING DIRECT SOURCE VERIFICATION
DOCUMENTS REQUESTED BY THE DEPARTMENT OF STATE IN SUCH TIME PERIOD AND
THAT THE DELAY IN PROVIDING THE NECESSARY DOCUMENTATION FOR FULL LICEN-
SURE WAS DUE TO EXTENUATING CIRCUMSTANCES WHICH THE MILITARY SPOUSE
COULD NOT AVOID.
(C) A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH (B) OF THIS
SUBDIVISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY
AUTHORITY OF THE DEPARTMENT OF STATE, PURSUANT TO THIS ARTICLE, AS IF
SUCH AUTHORIZATION WERE A LICENSE ISSUED UNDER THIS ARTICLE.
(D) THE DEPARTMENT OF STATE SHALL REDUCE THE INITIAL LICENSURE APPLI-
CATION FEE BY ONE-HALF FOR ANY APPLICATION SUBMITTED BY A MILITARY
SPOUSE UNDER THIS SUBDIVISION.
§ 5. Section 89-h of the general business law is amended by adding a
new subdivision 12 to read as follows:
12. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY
APPLICANT SEEKING TO QUALIFY FOR A REGISTRATION CARD PURSUANT TO THIS
S. 1221 5
SECTION WHO IS THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE ARMED FORCES
OF THE UNITED STATES, NATIONAL GUARD OR RESERVES AS DEFINED IN 10 U.S.C.
SECTIONS 1209 AND 1211, AND SUCH SPOUSE IS TRANSFERRED BY THE MILITARY
TO THIS STATE SHALL BE AFFORDED AN EXPEDITED REVIEW OF HIS OR HER APPLI-
CATION FOR REGISTRATION. SUCH APPLICATION SHALL BE ON A FORM PRESCRIBED
BY THE DEPARTMENT AND SHALL INCLUDE AN ATTESTATION BY THE APPLICANT OF
THE MILITARY STATUS OF HIS OR HER SPOUSE AND ANY OTHER SUCH SUPPORTING
DOCUMENTATION THAT SUCH DEPARTMENT MAY REQUIRE. UPON REVIEW OF SUCH
APPLICATION, THE DEPARTMENT SHALL ISSUE A REGISTRATION CARD TO THE
APPLICANT IF THE APPLICANT HOLDS A REGISTRATION CARD IN GOOD STANDING IN
ANOTHER STATE AND IN THE OPINION OF SUCH DEPARTMENT, THE REQUIREMENTS
FOR REGISTRATION OF SUCH OTHER STATE ARE SUBSTANTIALLY EQUIVALENT TO THE
REQUIREMENTS FOR REGISTRATION IN THIS STATE.
(B) IN ADDITION TO THE EXPEDITED REVIEW GRANTED IN PARAGRAPH (A) OF
THIS SUBDIVISION, AN APPLICANT WHO PROVIDES SATISFACTORY DOCUMENTATION
THAT HE OR SHE HOLDS A REGISTRATION CARD IN GOOD STANDING FROM ANOTHER
STATE, MAY REQUEST THE ISSUANCE OF A TEMPORARY PRACTICE PERMIT, WHICH,
IF GRANTED WILL PERMIT THE APPLICANT TO WORK UNDER THE SUPERVISION OF A
NEW YORK STATE REGISTRANT IN ACCORDANCE WITH REGULATIONS OF THE SECRE-
TARY. THE DEPARTMENT MAY GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT
APPEARS BASED ON THE APPLICATION AND SUPPORTING DOCUMENTATION RECEIVED
THAT THE APPLICANT WILL MEET THE REQUIREMENTS FOR REGISTRATION IN THIS
STATE BECAUSE HE OR SHE HOLDS A REGISTRATION CARD IN GOOD STANDING FROM
ANOTHER STATE WITH SIGNIFICANTLY COMPARABLE REGISTRATION REQUIREMENTS TO
THOSE OF THIS STATE, EXCEPT THE DEPARTMENT HAS NOT BEEN ABLE TO SECURE
DIRECT SOURCE VERIFICATION OF THE APPLICANT'S UNDERLYING CREDENTIALS
(E.G., RECEIPT OF ORIGINAL TRANSCRIPT, EXPERIENCE VERIFICATION). SUCH
PERMIT SHALL BE VALID FOR SIX MONTHS OR UNTIL TEN DAYS AFTER NOTIFICA-
TION THAT THE APPLICANT DOES NOT MEET THE QUALIFICATIONS FOR REGISTRA-
TION. AN ADDITIONAL SIX MONTHS MAY BE GRANTED UPON A DETERMINATION BY
THE DEPARTMENT THAT THE APPLICANT IS EXPECTED TO QUALIFY FOR THE FULL
REGISTRATION CARD UPON RECEIPT OF THE REMAINING DIRECT SOURCE VERIFICA-
TION DOCUMENTS REQUESTED BY THE DEPARTMENT IN SUCH TIME PERIOD AND THAT
THE DELAY IN PROVIDING THE NECESSARY DOCUMENTATION FOR FULL REGISTRATION
WAS DUE TO EXTENUATING CIRCUMSTANCES WHICH THE MILITARY SPOUSE COULD NOT
AVOID.
(C) A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH (B) OF THIS
SUBDIVISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY
AUTHORITY OF THE DEPARTMENT, PURSUANT TO THIS ARTICLE, AS IF SUCH
AUTHORIZATION WERE A REGISTRATION CARD ISSUED UNDER THIS ARTICLE.
(D) THE DEPARTMENT SHALL REDUCE THE INITIAL REGISTRATION APPLICATION
FEE BY ONE-HALF FOR ANY APPLICATION SUBMITTED BY A MILITARY SPOUSE UNDER
THIS SUBDIVISION.
§ 6. Section 406 of the general business law is amended by adding a
new subdivision 5 to read as follows:
5. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY
APPLICANT SEEKING TO QUALIFY FOR A LICENSE PURSUANT TO THIS ARTICLE WHO
IS THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, NATIONAL GUARD OR RESERVES AS DEFINED IN 10 U.S.C. SECTIONS
1209 AND 1211, AND SUCH SPOUSE IS TRANSFERRED BY THE MILITARY TO THIS
STATE SHALL BE AFFORDED AN EXPEDITED REVIEW OF HIS OR HER APPLICATION
FOR LICENSURE. SUCH APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE
DEPARTMENT AND SHALL INCLUDE AN ATTESTATION BY THE APPLICANT OF THE
MILITARY STATUS OF HIS OR HER SPOUSE AND ANY OTHER SUCH SUPPORTING
DOCUMENTATION THAT SUCH DEPARTMENT MAY REQUIRE. UPON REVIEW OF SUCH
APPLICATION, THE DEPARTMENT SHALL ISSUE A LICENSE TO THE APPLICANT IF
S. 1221 6
THE APPLICANT HOLDS A LICENSE IN GOOD STANDING IN ANOTHER STATE AND IN
THE OPINION OF SUCH DEPARTMENT, THE REQUIREMENTS FOR LICENSURE OF SUCH
OTHER STATE ARE SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR LICEN-
SURE IN THIS STATE.
(B) IN ADDITION TO THE EXPEDITED REVIEW GRANTED IN PARAGRAPH (A) OF
THIS SUBDIVISION, AN APPLICANT WHO PROVIDES SATISFACTORY DOCUMENTATION
THAT HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER STATE, MAY
REQUEST THE ISSUANCE OF A TEMPORARY PRACTICE PERMIT, WHICH, IF GRANTED
WILL PERMIT THE APPLICANT TO WORK UNDER THE SUPERVISION OF A NEW YORK
STATE LICENSEE IN ACCORDANCE WITH REGULATIONS OF THE SECRETARY. THE
DEPARTMENT MAY GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT APPEARS
BASED ON THE APPLICATION AND SUPPORTING DOCUMENTATION RECEIVED THAT THE
APPLICANT WILL MEET THE REQUIREMENTS FOR LICENSURE IN THIS STATE BECAUSE
HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER STATE WITH
SIGNIFICANTLY COMPARABLE LICENSURE REQUIREMENTS TO THOSE OF THIS STATE,
EXCEPT THE DEPARTMENT HAS NOT BEEN ABLE TO SECURE DIRECT SOURCE VERIFI-
CATION OF THE APPLICANT'S UNDERLYING CREDENTIALS (E.G., RECEIPT OF
ORIGINAL TRANSCRIPT, EXPERIENCE VERIFICATION). SUCH PERMIT SHALL BE
VALID FOR SIX MONTHS OR UNTIL TEN DAYS AFTER NOTIFICATION THAT THE
APPLICANT DOES NOT MEET THE QUALIFICATIONS FOR LICENSURE. AN ADDITIONAL
SIX MONTHS MAY BE GRANTED UPON A DETERMINATION BY THE DEPARTMENT THAT
THE APPLICANT IS EXPECTED TO QUALIFY FOR THE FULL LICENSE UPON RECEIPT
OF THE REMAINING DIRECT SOURCE VERIFICATION DOCUMENTS REQUESTED BY THE
DEPARTMENT IN SUCH TIME PERIOD AND THAT THE DELAY IN PROVIDING THE
NECESSARY DOCUMENTATION FOR FULL LICENSURE WAS DUE TO EXTENUATING
CIRCUMSTANCES WHICH THE MILITARY SPOUSE COULD NOT AVOID.
(C) A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH (B) OF THIS
SUBDIVISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY
AUTHORITY OF THE DEPARTMENT, PURSUANT TO THIS ARTICLE, AS IF SUCH
AUTHORIZATION WERE A LICENSE ISSUED UNDER THIS ARTICLE.
(D) THE DEPARTMENT SHALL REDUCE THE INITIAL LICENSURE APPLICATION FEE
BY ONE-HALF FOR ANY APPLICATION SUBMITTED BY A MILITARY SPOUSE UNDER
THIS SUBDIVISION.
§ 7. Section 899-e of the general business law is amended by adding a
new subdivision 7 to read as follows:
7. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY
APPLICANT SEEKING TO QUALIFY FOR A CERTIFICATE OF REGISTRATION PURSUANT
TO THIS SECTION WHO IS THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE ARMED
FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES AS DEFINED IN 10
U.S.C. SECTIONS 1209 AND 1211, AND SUCH SPOUSE IS TRANSFERRED BY THE
MILITARY TO THIS STATE SHALL BE AFFORDED AN EXPEDITED REVIEW OF HIS OR
HER APPLICATION FOR A CERTIFICATE OF REGISTRATION. SUCH APPLICATION
SHALL BE ON A FORM PRESCRIBED BY THE DEPARTMENT OF STATE AND SHALL
INCLUDE AN ATTESTATION BY THE APPLICANT OF THE MILITARY STATUS OF HIS OR
HER SPOUSE AND ANY OTHER SUCH SUPPORTING DOCUMENTATION THAT SUCH DEPART-
MENT MAY REQUIRE. UPON REVIEW OF SUCH APPLICATION, THE DEPARTMENT OF
STATE SHALL ISSUE A CERTIFICATE OF REGISTRATION TO THE APPLICANT IF THE
APPLICANT HOLDS A CERTIFICATE OF REGISTRATION IN GOOD STANDING IN ANOTH-
ER STATE AND IN THE OPINION OF SUCH DEPARTMENT, THE REQUIREMENTS FOR
REGISTRATION OF SUCH OTHER STATE ARE SUBSTANTIALLY EQUIVALENT TO THE
REQUIREMENTS FOR REGISTRATION IN THIS STATE.
(B) IN ADDITION TO THE EXPEDITED REVIEW GRANTED IN PARAGRAPH (A) OF
THIS SUBDIVISION, AN APPLICANT WHO PROVIDES SATISFACTORY DOCUMENTATION
THAT HE OR SHE HOLDS A CERTIFICATE OF REGISTRATION IN GOOD STANDING FROM
ANOTHER STATE, MAY REQUEST THE ISSUANCE OF A TEMPORARY PRACTICE PERMIT,
WHICH, IF GRANTED WILL PERMIT THE APPLICANT TO WORK UNDER THE SUPER-
S. 1221 7
VISION OF A NEW YORK STATE REGISTRANT IN ACCORDANCE WITH REGULATIONS OF
THE SECRETARY OF STATE. THE DEPARTMENT OF STATE MAY GRANT SUCH TEMPORARY
PRACTICE PERMIT WHEN IT APPEARS BASED ON THE APPLICATION AND SUPPORTING
DOCUMENTATION RECEIVED THAT THE APPLICANT WILL MEET THE REQUIREMENTS FOR
REGISTRATION IN THIS STATE BECAUSE HE OR SHE HOLDS A LICENSE IN GOOD
STANDING FROM ANOTHER STATE WITH SIGNIFICANTLY COMPARABLE REGISTRATION
REQUIREMENTS TO THOSE OF THIS STATE, EXCEPT THE DEPARTMENT OF STATE HAS
NOT BEEN ABLE TO SECURE DIRECT SOURCE VERIFICATION OF THE APPLICANT'S
UNDERLYING CREDENTIALS (E.G., RECEIPT OF ORIGINAL TRANSCRIPT, EXPERIENCE
VERIFICATION). SUCH PERMIT SHALL BE VALID FOR SIX MONTHS OR UNTIL TEN
DAYS AFTER NOTIFICATION THAT THE APPLICANT DOES NOT MEET THE QUALIFICA-
TIONS FOR REGISTRATION. AN ADDITIONAL SIX MONTHS MAY BE GRANTED UPON A
DETERMINATION BY THE DEPARTMENT OF STATE THAT THE APPLICANT IS EXPECTED
TO QUALIFY FOR THE FULL CERTIFICATE OF REGISTRATION UPON RECEIPT OF THE
REMAINING DIRECT SOURCE VERIFICATION DOCUMENTS REQUESTED BY THE DEPART-
MENT OF STATE IN SUCH TIME PERIOD AND THAT THE DELAY IN PROVIDING THE
NECESSARY DOCUMENTATION FOR FULL REGISTRATION WAS DUE TO EXTENUATING
CIRCUMSTANCES WHICH THE MILITARY SPOUSE COULD NOT AVOID.
(C) A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH (B) OF THIS
SUBDIVISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY
AUTHORITY OF THE DEPARTMENT OF STATE, PURSUANT TO THIS SECTION, AS IF
SUCH AUTHORIZATION WERE A CERTIFICATE OF REGISTRATION ISSUED UNDER THIS
SECTION.
(D) THE DEPARTMENT OF STATE SHALL REDUCE THE INITIAL CERTIFICATE OF
REGISTRATION APPLICATION FEE BY ONE-HALF FOR ANY APPLICATION SUBMITTED
BY A MILITARY SPOUSE UNDER THIS SUBDIVISION.
§ 8. Section 160-n of the executive law, as amended by chapter 397 of
the laws of 1991, is amended to read as follows:
§ 160-n. Nonresident certification and licensing by reciprocity. 1.
If, in the determination of the board, the certification or licensing
process has not been disapproved by the appraisal subcommittee of the
federal financial institutions examination council, an applicant who is
certified under the laws of such other state may obtain a certificate as
a state certified real estate appraiser or a license as a state licensed
real estate appraiser in this state upon such terms and conditions as
may be determined by the department.
2. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY
APPLICANT SEEKING TO QUALIFY FOR A LICENSE PURSUANT TO THIS SECTION WHO
IS THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, NATIONAL GUARD OR RESERVES AS DEFINED IN 10 U.S.C. SECTIONS
1209 AND 1211, AND SUCH SPOUSE IS TRANSFERRED BY THE MILITARY TO THIS
STATE SHALL BE AFFORDED AN EXPEDITED REVIEW OF HIS OR HER APPLICATION
FOR LICENSURE. SUCH APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE
DEPARTMENT AND SHALL INCLUDE AN ATTESTATION BY THE APPLICANT OF THE
MILITARY STATUS OF HIS OR HER SPOUSE AND ANY OTHER SUCH SUPPORTING
DOCUMENTATION THAT SUCH DEPARTMENT MAY REQUIRE. UPON REVIEW OF SUCH
APPLICATION, THE DEPARTMENT SHALL ISSUE A LICENSE TO THE APPLICANT IF
THE APPLICANT HOLDS A LICENSE IN GOOD STANDING IN ANOTHER STATE AND IN
THE OPINION OF SUCH DEPARTMENT, THE REQUIREMENTS FOR LICENSURE OF SUCH
OTHER STATE ARE SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR LICEN-
SURE IN THIS STATE, INCLUDING THOSE DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION.
(B) IN ADDITION TO THE EXPEDITED REVIEW GRANTED IN PARAGRAPH (A) OF
THIS SUBDIVISION, AN APPLICANT WHO PROVIDES SATISFACTORY DOCUMENTATION
THAT HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER STATE, MAY
REQUEST THE ISSUANCE OF A TEMPORARY PRACTICE PERMIT, WHICH, IF GRANTED
S. 1221 8
WILL PERMIT THE APPLICANT TO WORK UNDER THE SUPERVISION OF A NEW YORK
STATE LICENSEE IN ACCORDANCE WITH REGULATIONS OF THE SECRETARY OF STATE.
THE DEPARTMENT MAY GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT APPEARS
BASED ON THE APPLICATION AND SUPPORTING DOCUMENTATION RECEIVED THAT THE
APPLICANT WILL MEET THE REQUIREMENTS FOR LICENSURE IN THIS STATE BECAUSE
HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER STATE WITH
SIGNIFICANTLY COMPARABLE LICENSURE REQUIREMENTS TO THOSE OF THIS STATE,
EXCEPT THE DEPARTMENT HAS NOT BEEN ABLE TO SECURE DIRECT SOURCE VERIFI-
CATION OF THE APPLICANT'S UNDERLYING CREDENTIALS (E.G., RECEIPT OF
ORIGINAL TRANSCRIPT, EXPERIENCE VERIFICATION). SUCH PERMIT SHALL BE
VALID FOR SIX MONTHS OR UNTIL TEN DAYS AFTER NOTIFICATION THAT THE
APPLICANT DOES NOT MEET THE QUALIFICATIONS FOR LICENSURE. AN ADDITIONAL
SIX MONTHS MAY BE GRANTED UPON A DETERMINATION BY THE DEPARTMENT THAT
THE APPLICANT IS EXPECTED TO QUALIFY FOR THE FULL LICENSE UPON RECEIPT
OF THE REMAINING DIRECT SOURCE VERIFICATION DOCUMENTS REQUESTED BY THE
DEPARTMENT IN SUCH TIME PERIOD AND THAT THE DELAY IN PROVIDING THE
NECESSARY DOCUMENTATION FOR FULL LICENSURE WAS DUE TO EXTENUATING
CIRCUMSTANCES WHICH THE MILITARY SPOUSE COULD NOT AVOID.
(C) A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH (B) OF THIS
SUBDIVISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY
AUTHORITY OF THE DEPARTMENT, PURSUANT TO THIS SECTION, AS IF SUCH
AUTHORIZATION WERE A LICENSE ISSUED UNDER THIS SECTION.
(D) THE DEPARTMENT SHALL REDUCE THE INITIAL LICENSURE APPLICATION FEE
BY ONE-HALF FOR ANY APPLICATION SUBMITTED BY A MILITARY SPOUSE UNDER
THIS SECTION.
§ 9. Subdivision 1 of section 25.13 of the arts and cultural affairs
law, as amended by chapter 374 of the laws of 2007, is amended to read
as follows:
1. (A) No person, firm or corporation shall resell or engage in the
business of reselling any tickets to a place of entertainment or operate
an internet website or any other electronic service that provides a
mechanism for two or more parties to participate in a resale transaction
or that facilitates resale transactions by the means of an auction, or
own, conduct or maintain any office, branch office, bureau, agency or
sub-agency for such business without having first procured a license or
certificate for each location at which business will be conducted from
the secretary of state. Any operator or manager of a website that serves
as a platform to facilitate resale, or resale by way of a competitive
bidding process, solely between third parties and does not in any other
manner engage in resales of tickets to places of entertainment shall be
exempt from the licensing requirements of this section. The department
of state shall issue and deliver to such applicant a certificate or
license to conduct such business and to own, conduct or maintain a
bureau, agency, sub-agency, office or branch office for the conduct of
such business on the premises stated in such application upon the
payment by or on behalf of the applicant of a fee of five thousand
dollars and shall be renewed upon the payment of a like fee annually.
Such license or certificate shall not be transferred or assigned, except
by permission of the secretary of state. Such license or certificate
shall run to the first day of January next ensuing the date thereof,
unless sooner revoked by the secretary of state. Such license or certif-
icate shall be granted upon a written application setting forth such
information as the secretary of state may require in order to enable him
or her to carry into effect the provisions of this article and shall be
accompanied by proof satisfactory to the secretary of state of the moral
character of the applicant.
S. 1221 9
(B) (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY
APPLICANT SEEKING TO QUALIFY FOR A LICENSE OR CERTIFICATE PURSUANT TO
THIS SECTION WHO IS THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE ARMED
FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES AS DEFINED IN 10
U.S.C. SECTIONS 1209 AND 1211, AND SUCH SPOUSE IS TRANSFERRED BY THE
MILITARY TO THIS STATE SHALL BE AFFORDED AN EXPEDITED REVIEW OF HIS OR
HER APPLICATION FOR LICENSURE OR CERTIFICATION. SUCH APPLICATION SHALL
BE ON A FORM PRESCRIBED BY THE DEPARTMENT OF STATE AND SHALL INCLUDE AN
ATTESTATION BY THE APPLICANT OF THE MILITARY STATUS OF HIS OR HER SPOUSE
AND ANY OTHER SUCH SUPPORTING DOCUMENTATION THAT SUCH DEPARTMENT MAY
REQUIRE. UPON REVIEW OF SUCH APPLICATION, THE DEPARTMENT OF STATE SHALL
ISSUE A LICENSE OR CERTIFICATE TO THE APPLICANT IF THE APPLICANT HOLDS A
LICENSE OR CERTIFICATE IN GOOD STANDING IN ANOTHER STATE AND IN THE
OPINION OF SUCH DEPARTMENT, THE REQUIREMENTS FOR LICENSURE OR CERTIF-
ICATION OF SUCH OTHER STATE ARE SUBSTANTIALLY EQUIVALENT TO THE REQUIRE-
MENTS FOR LICENSURE OR CERTIFICATION IN THIS STATE.
(II) IN ADDITION TO THE EXPEDITED REVIEW GRANTED IN SUBPARAGRAPH (I)
OF THIS PARAGRAPH, AN APPLICANT WHO PROVIDES SATISFACTORY DOCUMENTATION
THAT HE OR SHE HOLDS A LICENSE OR CERTIFICATE IN GOOD STANDING FROM
ANOTHER STATE, MAY REQUEST THE ISSUANCE OF A TEMPORARY PRACTICE PERMIT,
WHICH, IF GRANTED WILL PERMIT THE APPLICANT TO WORK UNDER THE SUPER-
VISION OF A NEW YORK STATE LICENSEE OR INDIVIDUAL WHO IS CERTIFIED IN
ACCORDANCE WITH REGULATIONS OF THE SECRETARY OF STATE. THE DEPARTMENT OF
STATE MAY GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT APPEARS BASED ON
THE APPLICATION AND SUPPORTING DOCUMENTATION RECEIVED THAT THE APPLICANT
WILL MEET THE REQUIREMENTS FOR LICENSURE OR CERTIFICATION IN THIS STATE
BECAUSE HE OR SHE HOLDS A LICENSE OR CERTIFICATE IN GOOD STANDING FROM
ANOTHER STATE WITH SIGNIFICANTLY COMPARABLE LICENSURE REQUIREMENTS TO
THOSE OF THIS STATE, EXCEPT THE DEPARTMENT OF STATE HAS NOT BEEN ABLE TO
SECURE DIRECT SOURCE VERIFICATION OF THE APPLICANT'S UNDERLYING CREDEN-
TIALS (E.G., RECEIPT OF ORIGINAL TRANSCRIPT, EXPERIENCE VERIFICATION).
SUCH PERMIT SHALL BE VALID FOR SIX MONTHS OR UNTIL TEN DAYS AFTER
NOTIFICATION THAT THE APPLICANT DOES NOT MEET THE QUALIFICATIONS FOR
LICENSURE OR CERTIFICATION. AN ADDITIONAL SIX MONTHS MAY BE GRANTED UPON
A DETERMINATION BY THE DEPARTMENT OF STATE THAT THE APPLICANT IS
EXPECTED TO QUALIFY FOR THE FULL LICENSE OR CERTIFICATION UPON RECEIPT
OF THE REMAINING DIRECT SOURCE VERIFICATION DOCUMENTS REQUESTED BY THE
DEPARTMENT OF STATE IN SUCH TIME PERIOD AND THAT THE DELAY IN PROVIDING
THE NECESSARY DOCUMENTATION FOR FULL LICENSURE OR CERTIFICATION WAS DUE
TO EXTENUATING CIRCUMSTANCES WHICH THE MILITARY SPOUSE COULD NOT AVOID.
(III) A TEMPORARY PRACTICE PERMIT ISSUED UNDER SUBPARAGRAPH (II) OF
THIS PARAGRAPH SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY
AUTHORITY OF THE DEPARTMENT OF STATE, PURSUANT TO THIS ARTICLE, AS IF
SUCH AUTHORIZATION WERE A LICENSE OR CERTIFICATE ISSUED UNDER THIS ARTI-
CLE.
(IV) THE DEPARTMENT OF STATE SHALL REDUCE THE INITIAL LICENSURE OR
CERTIFICATION APPLICATION FEE BY ONE-HALF FOR ANY APPLICATION SUBMITTED
BY A MILITARY SPOUSE UNDER THIS SUBDIVISION.
§ 10. This act shall take effect immediately; provided, however, that
the amendments made by section nine of this act shall not affect the
repeal and reversion of such article and shall be deemed repealed there-
with.