S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1273
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 AN ACT to amend the general business law, the insurance law and the real
   property law, in relation to licensing of military spouses  with  out-
   of-state licenses in equivalent occupations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to the "Military Spouse Act of 2023".
   § 2. The general business law is amended by adding a new  article  2-A
 to read as follows:
 
                                ARTICLE 2-A
                         ADMISSION TO A PROFESSION
 
   SECTION  20.  ADMISSION  TO  A PROFESSION; LICENSING, CERTIFICATION OR
 REGISTRATION.
   § 20. ADMISSION TO A PROFESSION; LICENSING, CERTIFICATION OR REGISTRA-
 TION. ADMISSION TO PRACTICE OF A PROFESSION GOVERNED BY THIS CHAPTER  IN
 THIS  STATE IS ACCOMPLISHED, WHERE REQUIRED, BY A LICENSE, CERTIFICATION
 OR CERTIFICATE OF REGISTRATION BEING ISSUED TO A QUALIFIED APPLICANT  BY
 THE  SECRETARY  OF  STATE.  TO  QUALIFY  FOR A LICENSE, CERTIFICATION OR
 CERTIFICATE OF REGISTRATION AN APPLICANT  SHALL  MEET  THE  REQUIREMENTS
 PRESCRIBED  IN  THE ARTICLE FOR THE PARTICULAR PROFESSION AND SHALL MEET
 THE REQUIREMENTS PRESCRIBED IN SECTION 3-503 OF THE GENERAL  OBLIGATIONS
 LAW;  PROVIDED  THAT,  NOTWITHSTANDING  ANY  PROVISION OF THE LAW TO THE
 CONTRARY, ANY APPLICANT WHO IS THE SPOUSE OF A MEMBER OF THE ARMED FORC-
 ES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT SATISFAC-
 TORY EVIDENCE OF LICENSURE, CERTIFICATION OR REGISTRATION TO PRACTICE AN
 EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY, PROTECTORATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04796-01-3
              

 S. 1273                             2
 
 OR DEPENDENCY OF THE UNITED STATES IN LIEU OF THE  SUBMISSIONS  REQUIRED
 BY  THE  ARTICLE OF THIS CHAPTER FOR THE PARTICULAR PROFESSION, PROVIDED
 THAT SUCH LICENSE, CERTIFICATION  OR  CERTIFICATE  OF  REGISTRATION  WAS
 GRANTED  IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE JUDGMENT OF THE
 SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
   § 3. Subsection (d) of section 2136 of the insurance law, as added  by
 chapter 687 of the laws of 2003, is amended to read as follows:
   (d)  (1)  the  applicant's  home  state  awards  nonresident insurance
 producer licenses to residents of  this  state  on  the  same  basis  as
 provided in this subsection; OR
   (2) THE APPLICANT IS THE SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE
 UNITED STATES, NATIONAL GUARD OR RESERVES.
   § 4. Section 442-g of the real property law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A.  NO  NONRESIDENT  APPLICANT  WHO IS THE SPOUSE OF A MEMBER OF THE
 ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD, OR RESERVES REGULARLY
 ENGAGED IN THE REAL ESTATE BUSINESS AS A VOCATION, WHO MAINTAINS A DEFI-
 NITE PLACE OF BUSINESS AND IS LICENSED BY ANY  OTHER  STATE,  TERRITORY,
 PROTECTORATE  OR  DEPENDENCY  OF THE UNITED STATES, SHALL BE REQUIRED TO
 MAINTAIN A PLACE OF BUSINESS WITHIN THIS  STATE.  THE  COMMISSION  SHALL
 RECOGNIZE THE LICENSE ISSUED BY ANOTHER STATE TO AN APPLICANT WHO IS THE
 SPOUSE  OF  A  MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL
 GUARD, OR RESERVES AS QUALIFICATION FOR A LICENSE IN NEW YORK,  PROVIDED
 THAT  SUCH  LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE,
 IN THE JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
   § 5. Section 444-e of the real property law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. ANY APPLICANT FOR A LICENSE WHO IS A SPOUSE OF A  MEMBER  OF  THE
 ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT
 SATISFACTORY  EVIDENCE OF LICENSURE TO PRACTICE AN EQUIVALENT OCCUPATION
 ISSUED BY ANY OTHER STATE, TERRITORY, PROTECTORATE OR DEPENDENCY OF  THE
 UNITED STATES IN LIEU OF THE EVIDENCE OF EDUCATION, EXPERIENCE AND EXAM-
 INATION  REQUIRED BY SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT SUCH
 LICENSE WAS GRANTED IN COMPLIANCE WITH  STANDARDS  WHICH  WERE,  IN  THE
 JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
   § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. 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.