NY State Senate Bill 2021-S3046

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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
Jan 05, 2022	referred to investigations and government operations
Jan 27, 2021	referred to investigations and government operations

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2021-S3046 (ACTIVE) - Details

See Assembly Version of this Bill:: A1952
Current Committee:: Senate Investigations And Government Operations
Law Section:: Civil Rights Law
Laws Affected:: Add Art 4-D §§49 - 49-b, Civ Rts L; amd §89, Pub Off L; amd §5, Tax L; amd §3-503, Gen Ob L, amd Ed L, generally; amd §§110 & 126, rpld §126 sub 3, ABC L; amd §10, Gen City L; rpld §3421 sub 2 ¶(a), Pub Health L; amd §41, Gen Bus L; amd §341, Lab L; amd §460, Judy L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8481, A10633
2023-2024: S5964, A8263

2021-S3046 (ACTIVE) - Summary

Enacts the empire state licensing act to provide all New Yorkers with access to professional, occupational, commercial, or business licenses, permits, certificates, or related registrations regardless of an applicant's citizenship or immigration status, or lack thereof.

2021-S3046 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3046

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the civil rights law, the public officers law, the tax
law, the general obligations law, the education law, the alcoholic
beverage control law, the general city law, the general business law,
the labor law and the judiciary law, in relation to enacting the empire
state licensing act; and to repeal certain provisions of the alcoholic
beverage control law and the public health law relating thereto

 
PURPOSE:

To provide all New Yorkers with access to professional, occupational,
commercial, or business licenses, permits, certificates, or related
registrations, regardless of an applicant's citizenship or immigration
status, or lack thereof, and thus promote economic vitality.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one provides that this act shall be known and may be cited as
the "Empire State Licensing Act."

Section two adds article 4-D to the civil rights law as an affirmative
enactment that no applicant shall be denied a professional, occupa-
tional, commercial, or business license, permit, certificate, or any
other substantially similar permission, or related registration, on
account of their citizenship or immigration status, or lack thereof.  It
further provides that such licenses shall be maximally accessible to
immigrant New Yorkers, including through consideration of alternative
experience and removal of English-language barriers, while maintaining
professional, occupational, commercial, or business quality. It also
allows for the provision of an individual taxpayer identification number
whenever a social security number would be otherwise required, without
inquiring into the unavailability of a social security number.

Lastly, it protects sensitive information and documents and requires
that:

- Information or documents related to an applicant's citizenship or
immigration status, or lack thereof, shall not be not solicited.

- Information or documents that may be probative of an applicant's place
of birth, except a social security number/card or individual taxpayer
identification number/card, are only solicited when necessary to estab-
lish age, if relevant, or identity, and a New York driver's license or
learner's permit, or similar document issued by another state, district,
or territory within the United States, shall be sufficient for such
purposes.

- Originals or copies of any documents that may be probative of an
applicant's place of birth are retained only for as long as is required
to review the application.

- To the maximum extent allowed by applicable federal and state law,
information or documents that may be probative of an applicant's place
of birth shall be treated as confidential and not subject to disclosure
unless at the request of the individual to whom such information
pertains (or parent or legal guardian) or as is necessary to comply with
a court order, judicial warrant, or subpoena.

Individuals shall be provided with a copy of any court order, judicial
warrant, or subpoena for information or documents pertaining to them
within three business days of receipt and only what is specifically
sought shall be disclosed. If confidential information or documents must
be disclosed to another state entity pursuant to state law, the receiv-
ing entity shall have the same obligation to maintain confidentiality
and protect against disclosure. For the avoidance of doubt, electron-
ically stored information and documents are included-even passive elec-
tronic access by non-authorized parties is prohibited.

Section three amends the public officers law to make clear that informa-
tion that might indicate an applicant's citizenship or immigration
status is not subject to disclosure as it would constitute an unwar-
ranted invasion of personal privacy.

Sections four through forty-two amend or repeal provisions of the tax
law, general obligations law, education law, alcoholic beverage control
law, general city law, public health law, general business law, labor
law, and judiciary law to make conforming changes.

Section forty-three contains a severability clause.

Section forty-four states that the law shall become effective on the one
hundred eightieth day after it shall have become a law, with any addi-
tion, amendment and/or repeal of rule or regulation necessary for imple-
mentation is to be authorized immediately.

 
JUSTIFICATION:

The number of jobs requiring licenses has increased dramatically over
the past 60 years. Currently, over 1,100 different occupations require a
license and approximately 25 percent of all workers nationwide are
required to obtain one in order to work in their occupations. Examples
of such professions include attorneys, nurses, massage therapists, land-
scape architects, barbers, real estate brokers, food salvagers, and
teachers. Talented and otherwise qualified applicants are currently
precluded from acquiring certain professional licenses, permits, certif-
ications, and registrations in the State of New York due to lack of
citizenship or immigration status. New York is home to about 4.5 million
immigrants, and of those over 700,000 are undocumented. Of those 700,000
undocumented people, over 20,000 of them are Deferred Action for Child-
hood Arrivals ("DACA") recipients. While New York has enacted some poli-
cies' that enable immigrants with work authorization to access certain
professional licenses, many qualified DACA recipients and other nonciti-
zens who have been locked out of a pathway to status by the Trump Admin-
istration are left out. With DACA and other similar programs under immi-
nent threat of termination, it is critical for New York to ensure
immigrants can continue to be an integral part of the state's workforce
and the economy. More than one third of adult immigrants in New York
have a college degree or further education.  Without access to occupa-
tional and professional licenses and business registration, many of
these individuals will not be able to pursue careers in occupations in
which they are trained, depriving individuals from fully bene- fiting
from their skills. Other noncitizens forego higher education or special-
ized training because of licensing restrictions.  Licensure barriers for
noncitizens also prevent the State from benefiting from the full tax
revenue of noncitizens, as the inability to obtain licenses constricts
noncitizen incomes. On average, licensed workers earn higher wages and
hold increased job security.  In New York, where nearly a quarter of all
tax revenue comes from the contributions of immigrants, this lost tax
revenue is especially significant.

This act addresses the compelling need to remove the citizenship and
immigration status requirements for the acquisition of professional,
occupational, commercial, and business licenses for noncitizen appli-
cants, as they do not comport with prevailing principles underlying
jurisprudence of equity and fairness, and undermine New York's efforts
to promote economic growth and support immigrant communities. Our state
recognizes the value of providing every New Yorker with the opportunity
to apply for and acquire licenses, permits, certifications, and regis-
trations they are otherwise qualified for.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S8481/A10633 Cruz

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law; provided however, that section twenty-five of
this act shall take effect on the same date and in the same manner as
chapter 322 of the laws of 2019 takes effect. 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
to be made and completed on or before such effective date.

2021-S3046 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3046
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the civil rights law, the public officers law,  the  tax
   law,  the  general  obligations  law, the education law, the alcoholic
   beverage control law, the general city law, the general business  law,
   the  labor  law  and  the  judiciary  law, in relation to enacting the
   empire state licensing act; and to repeal certain  provisions  of  the
   alcoholic  beverage  control  law  and  the public health law relating
   thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "empire state licensing act".
   § 2. The civil rights law is amended by adding a new  article  4-D  to
 read as follows:
                                ARTICLE 4-D
                     RIGHTS OF IMMIGRANTS IN LICENSING
 SECTION 49.   DEFINITIONS.
         49-A. NONDISCRIMINATION AND EXTENSION OF LICENSES.
         49-B. APPLICATION; CONFIDENTIALITY.
   §  49.  DEFINITIONS.  WHEN  USED  IN  THIS ARTICLE, UNLESS THE CONTEXT
 REQUIRES OTHERWISE:
   1. THE TERM "LICENSE" SHALL INCLUDE  ANY  PROFESSIONAL,  OCCUPATIONAL,
 COMMERCIAL,  OR  BUSINESS  LICENSE,  PERMIT,  CERTIFICATE,  OR ANY OTHER
 SUBSTANTIALLY SIMILAR PERMISSION, OR RELATED REGISTRATION.
   2. THE TERM "ISSUING OR REGISTERING ENTITY" SHALL INCLUDE  ANY  ENTITY
 THAT  GRANTS LICENSES, ESTABLISHES THE RELATED QUALIFICATIONS, EVALUATES
 THE APPLICANTS, OR PERFORMS ANY OTHER SUBSTANTIALLY SIMILAR FUNCTION.
   § 49-A. NONDISCRIMINATION AND EXTENSION OF LICENSES. 1.  NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW, NO APPLICANT SHALL BE DENIED  A  LICENSE

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

                                                            LBD06228-01-1

 S. 3046                             2
 
 ON ACCOUNT OF THE APPLICANT'S CITIZENSHIP OR IMMIGRATION STATUS, OR LACK
 THEREOF.
   2.  ISSUING  AND  REGISTERING ENTITIES SHALL REVIEW LICENSE QUALIFICA-
 TIONS AND APPLICATION PROCESSES TO ENSURE MAXIMUM ACCESSIBILITY TO IMMI-
 GRANT NEW YORKERS  WHILE  MAINTAINING  NECESSARY  PROFESSIONAL,  OCCUPA-
 TIONAL,  COMMERCIAL  OR  BUSINESS  QUALITY.    WHERE  A PROVISION OF LAW
 REQUIRES THAT LICENSES BE GRANTED ONLY  TO  APPLICANTS  WITH  SUFFICIENT
 WORK  EXPERIENCE, SUBSTANTIALLY EQUIVALENT EXPERIENCE, INCLUDING BUT NOT
 LIMITED TO VOLUNTARY INTERNSHIPS OR EXTERNSHIPS,  RESEARCH  FELLOWSHIPS,
 EXPERIENCE  AS  A  CONSULTANT,  OR EXPERIENCE OBTAINED IN ANOTHER STATE,
 DISTRICT OR TERRITORY OF THE UNITED STATES, OR  IN  A  FOREIGN  COUNTRY,
 SHALL BE ACCEPTED. WHEN ENGLISH-LANGUAGE PROFICIENCY IS NOT NECESSARY TO
 MAINTAIN  PROFESSIONAL,  OCCUPATIONAL,  COMMERCIAL, OR BUSINESS QUALITY,
 THE APPLICATION PROCESS, INCLUDING ANY  RELATED  EXAMINATION,  SHALL  BE
 MADE ACCESSIBLE IN AN APPLICANT'S PRIMARY LANGUAGE.
   §  49-B.  APPLICATION;  CONFIDENTIALITY.  1. NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, NO ISSUING OR REGISTERING ENTITY SHALL INQUIRE INTO AN
 APPLICANT'S CITIZENSHIP OR IMMIGRATION  STATUS,  OR  LACK  THEREOF,  NOR
 SHALL IT ASK AN APPLICANT FOR PROOF OF SUCH STATUS, OR LACK THEREOF.
   2.  ISSUING OR REGISTERING ENTITIES SHALL NOT INQUIRE REGARDING INFOR-
 MATION OR DOCUMENTS THAT MAY BE PROBATIVE OF  AN  APPLICANT'S  PLACE  OF
 BIRTH,  INCLUDING,  BUT  NOT  LIMITED  TO, COUNTRY OF PASSPORT ISSUANCE,
 BIRTH CERTIFICATE, CONSULAR IDENTIFICATION CARD, OR PASSPORT,  WITH  THE
 EXCEPTION  OF A SOCIAL SECURITY NUMBER OR SOCIAL SECURITY CARD, OR INDI-
 VIDUAL TAXPAYER IDENTIFICATION NUMBER OR INDIVIDUAL TAXPAYER IDENTIFICA-
 TION CARD, UNLESS SUCH INFORMATION OR DOCUMENT IS NECESSARY TO ESTABLISH
 AGE, IF RELEVANT, OR IDENTITY. A NEW YORK DRIVER'S LICENSE OR  LEARNER'S
 PERMIT, OR SIMILAR DOCUMENT ISSUED BY ANOTHER STATE, DISTRICT, OR TERRI-
 TORY  WITHIN  THE  UNITED  STATES,  SHALL BE SUFFICIENT TO ESTABLISH AGE
 AND/OR IDENTITY.
   3. WHENEVER AN APPLICANT FOR A LICENSE IS ASKED TO  PROVIDE  A  SOCIAL
 SECURITY  NUMBER  OR  SOCIAL SECURITY CARD, AN INDIVIDUAL TAXPAYER IDEN-
 TIFICATION NUMBER OR INDIVIDUAL TAXPAYER IDENTIFICATION  CARD  SHALL  BE
 SUFFICIENT.  NO  ISSUING  OR  REGISTERING  ENTITY SHALL INQUIRE INTO THE
 REASONS WHY AN APPLICANT DOES NOT PROVIDE A SOCIAL  SECURITY  NUMBER  OR
 SOCIAL  SECURITY  CARD,  NOR SHALL IT ASK THE APPLICANT FOR PROOF OF THE
 LACK OF A SOCIAL SECURITY NUMBER OR SOCIAL  SECURITY  CARD.    NO  OTHER
 ENTITY  THAT RECEIVES INFORMATION FROM SUCH ISSUING OR REGISTERING ENTI-
 TY, INCLUDING BUT NOT LIMITED TO THE DEPARTMENT OF TAXATION AND FINANCE,
 SHALL INQUIRE OF THE ISSUING OR REGISTERING ENTITY REGARDING SUCH INFOR-
 MATION OR PROOF.
   4. (A) THE ISSUING OR REGISTERING ENTITY SHALL NOT RETAIN ORIGINALS OR
 COPIES OF ANY DOCUMENTS THAT MAY BE PROBATIVE OF AN APPLICANT'S PLACE OF
 BIRTH, INCLUDING, BUT NOT LIMITED TO, AN APPLICANT'S BIRTH  CERTIFICATE,
 CONSULAR  IDENTIFICATION  CARD, PASSPORT, SOCIAL SECURITY CARD, OR INDI-
 VIDUAL TAXPAYER IDENTIFICATION NUMBER CARD, FOR  LONGER  THAN  THE  TIME
 NEEDED  TO  REVIEW  THE  APPLICATION.  NOTHING  IN  THIS PARAGRAPH SHALL
 PREVENT THE ISSUING OR REGISTERING ENTITY FROM RETAINING DOCUMENTS WHERE
 SUCH DOCUMENTS ARE REQUIRED BY LAW TO BE PRESERVED FOR THE  PURPOSES  OF
 LITIGATION.
   (B) TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE FEDERAL AND STATE LAW,
 INFORMATION  OR  DOCUMENTS  COLLECTED BY ISSUING OR REGISTERING ENTITIES
 THAT MAY BE PROBATIVE OF AN APPLICANT'S PLACE OF BIRTH,  INCLUDING,  BUT
 NOT  LIMITED TO, COUNTRY OF PASSPORT ISSUANCE, BIRTH CERTIFICATE, CONSU-
 LAR IDENTIFICATION CARD, PASSPORT,  SOCIAL  SECURITY  NUMBER  OR  SOCIAL
 SECURITY  CARD, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER OR INDIVID-

 S. 3046                             3
 
 UAL TAXPAYER IDENTIFICATION CARD, SHALL BE TREATED AS  CONFIDENTIAL  AND
 SHALL NOT BE DISCLOSED UNLESS SUCH DISCLOSURE IS:
   (I)  AUTHORIZED  IN WRITING BY THE INDIVIDUAL TO WHOM SUCH INFORMATION
 PERTAINS, OR IF SUCH INDIVIDUAL IS A MINOR OR IS OTHERWISE  NOT  LEGALLY
 COMPETENT, BY SUCH INDIVIDUAL'S PARENT OR LEGAL GUARDIAN; OR
   (II)  NECESSARY  TO COMPLY WITH A LAWFUL COURT ORDER, JUDICIAL WARRANT
 SIGNED BY A JUDGE APPOINTED PURSUANT TO  ARTICLE  THREE  OF  THE  UNITED
 STATES CONSTITUTION, OR PROPERLY-ISSUED SUBPOENA.
   (C)  TO THE EXTENT DISCLOSURE OF CONFIDENTIAL INFORMATION AND/OR DOCU-
 MENTS TO ANOTHER STATE ENTITY IS REQUIRED PURSUANT TO  STATE  LAW,  SUCH
 INFORMATION  AND/OR  DOCUMENTS  SHALL BE TREATED AS CONFIDENTIAL AND NOT
 FURTHER DISCLOSED BY THE RECEIVING ENTITY, CONSISTENT WITH THE  REQUIRE-
 MENTS OF PARAGRAPH (B) OF THIS SUBDIVISION.
   (D) WHENEVER DISCLOSURE IS PERMITTED PURSUANT TO COURT ORDER, WARRANT,
 OR  SUBPOENA,  THE ISSUING OR REGISTERING ENTITY SHALL PROVIDE THE INDI-
 VIDUAL TO WHOM THE INFORMATION AND/OR DOCUMENTS PERTAIN WITH A  COPY  OF
 THE  COURT ORDER, WARRANT, OR SUBPOENA WITHIN THREE BUSINESS DAYS OF ITS
 RECEIPT. ONLY SUCH INFORMATION OR DOCUMENTS SPECIFICALLY SOUGHT PURSUANT
 TO SUCH COURT ORDER, WARRANT, OR SUBPOENA SHALL BE DISCLOSED.
   (E) ALL ISSUING OR REGISTERING ENTITIES, AND ANY  OTHER  STATE  ENTITY
 THAT MAY SUBSEQUENTLY RECEIVE CONFIDENTIAL INFORMATION AND/OR DOCUMENTS,
 SHALL  ENSURE ANY INFORMATION AND/OR DOCUMENTS THAT ARE STORED ELECTRON-
 ICALLY, INCLUDING BUT NOT LIMITED TO IN DATABASES,  SHALL  BE  COMPLIANT
 WITH THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION.  PASSIVE ELEC-
 TRONIC  ACCESS  TO CONFIDENTIAL INFORMATION AND/OR DOCUMENTS BY EXTERNAL
 INDIVIDUALS OR ENTITIES, WHEN  DISCLOSURE  IS  NOT  OTHERWISE  PERMITTED
 PURSUANT  TO  PARAGRAPH  (B)  OF  THIS  SUBDIVISION, SHALL CONSTITUTE AN
 UNLAWFUL DISCLOSURE.
   § 3. Subparagraphs vii and viii of paragraph (b) of subdivision  2  of
 section  89  of the public officers law, as amended by section 2 of part
 GGG of chapter 59 of the laws of 2019, are amended to read as follows:
   vii. disclosure of electronic contact information, such as  an  e-mail
 address  or  a  social  network username, that has been collected from a
 taxpayer under section one hundred four of the real  property  tax  law;
 [or]
   viii.  disclosure  of law enforcement arrest or booking photographs of
 an individual, unless public release of such photographs  will  serve  a
 specific  law enforcement purpose and disclosure is not precluded by any
 state or federal laws; OR
   IX. DISCLOSURE OF  INFORMATION  OBTAINED  THROUGH  APPLICATION  FOR  A
 PROFESSIONAL,  OCCUPATIONAL,  COMMERCIAL,  OR  BUSINESS LICENSE, PERMIT,
 CERTIFICATE, OR ANY SUBSTANTIALLY SIMILAR PERMISSION, OR RELATED  REGIS-
 TRATION,  THAT MIGHT INDICATE THE APPLICANT'S CITIZENSHIP OR IMMIGRATION
 STATUS.
   § 4. Subdivision 2 and subparagraph 3 of paragraph (a) of  subdivision
 3  of section 5 of the tax law, as amended by chapter 170 of the laws of
 1994, are amended to read as follows:
   2. Requiring information. Notwithstanding any other provision of  law,
 every  covered  agency  shall,  as  part  of the procedure for granting,
 renewing, amending, supplementing or restating the license of any person
 or at the time the covered agency contracts  to  purchase  or  purchases
 goods  or  services or leases real or personal property from any person,
 require that each  such  person  provide  to  the  covered  agency  such
 person's  federal  social security account number [or], federal employer
 identification number, or [both such numbers when such person  has  both
 such  numbers,  or,  where  such  person  does  not  have such number or

 S. 3046                             4

 numbers, the reason or reasons why such person does not have such number
 or numbers] THE FEDERAL INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER.  Such
 numbers [or reasons] shall be obtained by such covered agency as part of
 the administration of the taxes administered by the commissioner for the
 purpose  of  establishing the identification of persons affected by such
 taxes.
   (3) federal social security  account  number  [or],  federal  employer
 identification  number, or [both such numbers where such person has both
 such numbers, or the reason or reasons, furnished by  such  person,  why
 such person does not have such number or numbers] THE FEDERAL INDIVIDUAL
 TAXPAYER IDENTIFICATION NUMBER.
   § 5. Subdivision 2 of section 3-503 of the general obligations law, as
 amended  by  chapter  398  of  the  laws  of 1997, is amended to read as
 follows:
   2. Every applicant for a license or renewal thereof shall provide  his
 or  her  social  security  number  OR INDIVIDUAL TAXPAYER IDENTIFICATION
 NUMBER on the application.  Additionally, every applicant for a  license
 or  renewal thereof shall certify in the application in a written state-
 ment under oath, duly sworn and subscribed, that  as  of  the  date  the
 application  is  filed  he or she is (or is not) under obligation to pay
 child support and that if he or she is under such an obligation, that he
 or she does (or does not) meet one of the following requirements:
   a. he or she is not four months or more in arrears in the  payment  of
 child support; or
   b. he or she is making payments by income execution or by court agreed
 payment or repayment plan or by plan agreed to by the parties; or
   c.  the  child  support  obligation  is the subject of a pending court
 proceeding; or
   d. he or she is receiving public assistance or  supplemental  security
 income.
   §  6.  Paragraph (f) of subdivision 6 of section 6506 of the education
 law, as amended by chapter 133 of the laws of 1982, is amended  to  read
 as follows:
   (f)  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;
   § 7. 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
 visa, or an equivalent or successor visa thereto] MEET NO REQUIREMENT AS
 TO UNITED STATES CITIZENSHIP OR IMMIGRATION STATUS;
   § 8. 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:

 S. 3046                             5
 
   (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];
   § 9. 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;
   §  10.  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;
   §  11.  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]  MEET  NO  REQUIREMENT AS TO UNITED STATES CITIZENSHIP OR IMMI-
 GRATION STATUS. No current faculty member  shall  be  displaced  by  the
 holder of a restricted dental faculty license.
   §  12.  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;
   §  13.  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
 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]

 S. 3046                             6
 
 MEET NO REQUIREMENT AS  TO  UNITED  STATES  CITIZENSHIP  OR  IMMIGRATION
 STATUS;
   §  14.  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;
   § 15. 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].
   § 16. 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;
   § 17. Subdivision 6 of section 6905 of the education law,  as  amended
 by  chapter  994  of the laws of 1971 and 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;
   §  18.  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;
   §  19. 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.
   § 20. 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;
   § 21. 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:
   (6)  Citizenship  OR  IMMIGRATION  STATUS:  meet  no requirement as to
 United States citizenship OR IMMIGRATION STATUS;
   § 22. 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;
   §  23.  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:

 S. 3046                             7
 
   (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;
   §  24. 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  REQUIREMENTS  AS  TO  UNITED STATES CITIZENSHIP OR  IMMIGRATION
 STATUS;
   §  25. Paragraph 6 of subdivision 1 of section 7206-a of the education
 law, as amended by chapter 322 of the laws of 2019, 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 REQUIREMENTS AS TO  UNITED  STATES  CITIZENSHIP  OR  IMMIGRATION
 STATUS;
   §  26.  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;
   § 27. 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;
   § 28. 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;
   §  29.  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;
   §  30. 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;
   §  31.  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;
   § 32. 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

 S. 3046                             8
 
 has  not  previously  held such a permit and who fulfills all except the
 examination [and citizenship requirements] REQUIREMENT  for  a  license,
 provided  however  that a permit shall not be issued to a person who has
 failed the state licensing examination.
   §  33.  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.
   §  34. 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;
   § 35. Paragraph (a) of subdivision 1 of section 110 of  the  alcoholic
 beverage  control law, as amended by chapter 114 of the laws of 2000, is
 amended to read as follows:
   (a) A statement of identity as follows:
   (i) If the applicant is an individual, his name, date [and  place]  of
 birth,  [citizenship,]  permanent  home  address,  telephone  number and
 social security number OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER,  as
 well  as  any  other  names  by which he has conducted a business at any
 time.
   (ii) If the applicant is a corporation,  the  corporate  name  of  the
 applicant, its place of incorporation, its main business address (and if
 such  main  business address is not within the state, the address of its
 main place of business within the state), other names by  which  it  has
 been  known or has conducted business at any time, its telephone number,
 its federal employer identification number, and the names, ages,  [citi-
 zenship,]  and  permanent  home addresses of its directors, officers and
 its shareholders (except that if there be  more  than  ten  shareholders
 then  those shareholders holding ten percent or more of any class of its
 shares).
   (iii) If the applicant is a partnership, its name, its  main  business
 address  (and if such main business address is not within the state, the
 address of its main place of business within the state), other names  by
 which it has been known or has conducted business at any time, its tele-
 phone number, its federal employer identification number, and the names,
 ages,  [citizenship,]  and permanent home addresses of each of its part-
 ners.
   § 36. Subdivision 3 of section 126 of the alcoholic  beverage  control
 law is REPEALED.
   §  37.  Subdivision 4 of section 126 of the alcoholic beverage control
 law, as amended by section 50 of subpart B of part C of  chapter  62  of
 the laws of 2011, is amended to read as follows:
   4.  A  copartnership or a corporation, unless each member of the part-
 nership, or each of the principal officers and directors of  the  corpo-
 ration, is [a citizen of the United States or an alien lawfully admitted
 for  permanent residence in the United States,] not less than twenty-one
 years of age[,] and has not been convicted of any felony or any  of  the
 misdemeanors,  specified  in  section  eleven  hundred  forty-six of the
 former penal law as in force and effect immediately prior  to  September
 first, nineteen hundred sixty-seven, or of an offense defined in section
 230.20  or  230.40  of  the  penal law, or if so convicted has received,
 subsequent to such conviction, an  executive  pardon  therefor  removing
 this  disability a certificate of good conduct granted by the department
 of corrections and community supervision, or  a  certificate  of  relief

 S. 3046                             9
 
 from disabilities granted by the department of corrections and community
 supervision or a court of this state pursuant to the provisions of arti-
 cle  twenty-three  of  the correction law to remove the disability under
 this section because of such conviction; provided however [that a corpo-
 ration  which otherwise conforms to the requirements of this section and
 chapter may be licensed if each of its principal officers and more  than
 one-half  of  its  directors are citizens of the United States or aliens
 lawfully admitted for permanent residence  in  the  United  States;  and
 provided  further] that a corporation organized under the not-for-profit
 corporation law or the education law which  otherwise  conforms  to  the
 requirements  of this section and chapter may be licensed if each of its
 principal officers and more than one-half of its directors are not  less
 than  twenty-one  years  of  age and none of its directors are less than
 eighteen years of age; and provided further that a corporation organized
 under the not-for-profit  corporation  law  or  the  education  law  and
 located  on  the  premises of a college as defined by section two of the
 education law which otherwise  conforms  to  the  requirements  of  this
 section  and  chapter  may be licensed if each of its principal officers
 and each of its directors are not less than eighteen years of age.
   § 38. Section 10 of the general city law, as amended by chapter 133 of
 the laws of 1982, is amended to read as follows:
   § 10. Licenses to adult blind persons. The mayor  of  any  city  shall
 have  the  power  to  issue  a license to any adult blind person for the
 vending of goods, or newspapers in such places as  he  OR  SHE  may  set
 aside  for  this  purpose. The license shall be issued for a term of one
 year and no charge shall be made for the license. A license shall not be
 issued to a blind person unless he or she is a resident for three  years
 in  the  city  in  which  application for such license is made [and is a
 citizen of the United States or an alien lawfully admitted for permanent
 residence in the United States].
   This license shall be revocable only for cause.
   § 39. Paragraph (a) of subdivision 2 of section  3421  of  the  public
 health law is REPEALED.
   §  40.  Section  41 of the general business law, as amended by chapter
 321 of the laws of 1983, is amended to read as follows:
   § 41. Licenses, how obtained; penalty for carrying on business without
 license. The mayor or such local licensing authority may  from  time  to
 time  grant,  under  his OR HER hand and the official seal of his OR HER
 office, to such [citizens, or aliens  lawfully  admitted  for  permanent
 residence  in  the United States,] PEOPLE as he OR SHE shall deem proper
 and who shall produce to him OR HER satisfactory evidence of their  good
 character, a license authorizing such person to carry on the business of
 a  collateral  loan  broker,  which license shall designate the house in
 which such person shall carry on said business, and  no  person,  corpo-
 ration,  partnership or firm shall carry on the business of a collateral
 loan broker without being duly licensed, nor in any other house than the
 one designated in said license, under a penalty of one  hundred  dollars
 for  each day he OR SHE or they shall exercise or carry on said business
 without such license or at any other house than the one  so  designated.
 Any  person  receiving  such  license shall pay therefor the sum of five
 hundred dollars for the use of the city yearly where such business is to
 be conducted in a city with  a  population  of  more  than  one  million
 persons, and where the business is to be conducted elsewhere the fee for
 such  license  shall  not  exceed  two hundred fifty dollars yearly, and
 every such license shall expire one year from the date thereof, and  may
 be renewed on application to the mayor or local licensing authority each

 S. 3046                            10
 
 and  every  year  on payment of the same sum and upon performance of the
 other conditions herein contained. Every person so  licensed  shall,  at
 the  time  of  receiving such license, file with the mayor or such local
 licensing  authority  granting the same a bond to the local authorities,
 to be executed by the person so licensed and by  two  responsible  sure-
 ties,  in  the penal sum of ten thousand dollars, to be approved by such
 mayor or local licensing authority, which bond shall be conditioned  for
 the faithful performance of the duties and obligations pertaining to the
 business  so  licensed,  and the mayor or such local licensing authority
 shall have full power and authority to revoke such license for cause.
   § 41. Subdivision 1 of section 341 of the labor  law,  as  amended  by
 chapter 461 of the laws of 2006, is amended to read as follows:
   1.  No manufacturer or contractor shall engage in the apparel industry
 unless he or she registers with the commissioner, in writing, on a  form
 provided by the commissioner, which shall contain the following informa-
 tion:  whether  it is a sole proprietorship, partnership or corporation,
 its name, address and number of production  employees,  the  name,  home
 address and social security number OR INDIVIDUAL TAXPAYER IDENTIFICATION
 NUMBER  of each owner or partner, or if the registrant is a corporation,
 no shares of which are listed on a national securities exchange or regu-
 larly quoted in an over-the-counter market by one or more members  of  a
 national or an affiliated securities association, of each officer and of
 each  of  the  ten largest shareholders thereof, how long it has been in
 business, its tax identification number, whether it is a manufacturer or
 contractor, the name and address of each person with a financial  inter-
 est  in  the  manufacturer's  or contractor's business and the amount of
 that interest, except that if the manufacturer or contractor is a  publ-
 icly-traded corporation, only the names and addresses of the corporation
 officers  shall be required, whether it is in contractual relations with
 a labor organization and, if so, the name  and  address  of  such  labor
 organization,  a  statement as to whether the registrant or any owner of
 or partner in, or if the registrant is a corporation, no shares of which
 are listed on a national securities exchange or regularly quoted  in  an
 over-the-counter  market  by  one  or  more  members of a national or an
 affiliated securities association, any officer or any of the ten largest
 shareholders thereof has, within the last three years, been found by any
 court or administrative body to have violated this chapter and,  if  so,
 the  nature  and  date  of  such  violation  and, if the registrant is a
 contractor, whether that contractor subcontracts the cutting  or  sewing
 of  apparel  or  sections  or components thereof. Such registration form
 shall also require that each owner or partner, or if the registrant is a
 corporation, then each officer, submit photographic proof  of  identity.
 Divisions,  subsidiary  corporations  or  related  companies may, at the
 option of the manufacturer or contractor, be named  and  included  under
 one  omnibus registration. Such registration shall be filed on or before
 January fifteenth of each year. The commissioner shall issue  a  certif-
 icate  of  registration, which shall be effective for a period of twelve
 months, upon receipt of a completed registration form accompanied by the
 requisite photographic proof of identity  and  documentation  that  such
 manufacturer or contractor has paid any surety bond required pursuant to
 subdivision  eight  of  section three hundred forty-five of this article
 and that a workers' compensation insurance policy is in effect  for  the
 registrant's production employees working in New York state. The initial
 registration fee shall be two hundred dollars and each subsequent annual
 renewal  registration  fee  shall  be  one  hundred  fifty dollars. With
 respect to new employers, such registration  shall  be  filed  upon  the

 S. 3046                            11
 
 commencement of manufacturing or contracting in the apparel industry and
 shall  be  effective  until the following January fifteenth. The commis-
 sioner may  pro  rate  the  initial  annual  registration  fee  in  such
 instances.
   §  42.  Section 460 of the judiciary law, as amended by chapter 226 of
 the laws of 1985, is amended to read as follows:
   § 460. Examination and admission of attorneys. An applicant for admis-
 sion to practice as an attorney or counsellor in  this  state,  must  be
 examined  and  licensed to practice as prescribed in this chapter and in
 the rules of the court of appeals.  Race, creed, color, national origin,
 alienage [or], sex OR FEDERAL IMMIGRATION  STATUS  shall  constitute  no
 cause for refusing any person examination or admission to practice.
   §  43.  Severability. If any provision of this act, or any application
 of any provision of this act, is held to  be  invalid,  that  shall  not
 affect the validity or effectiveness of any other provision of this act,
 or  of  any other application of any provision of this act, which can be
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   § 44. This act shall take effect on  the  one  hundred  eightieth  day
 after  it  shall have become a law; provided however, that section twen-
 ty-five of this act shall take effect on the same date and in  the  same
 manner as chapter 322 of the laws of 2019 takes effect.  Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

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Senate Bill S3046

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2021-S3046 (ACTIVE) - Details

2021-S3046 (ACTIVE) - Summary

2021-S3046 (ACTIVE) - Sponsor Memo

2021-S3046 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3046

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2021-S3046 (ACTIVE) - Details

2021-S3046 (ACTIVE) - Summary

2021-S3046 (ACTIVE) - Sponsor Memo

2021-S3046 (ACTIVE) - Bill Text download pdf

Comments