NY State Senate Bill 2023-S5964

Current 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 03, 2024	referred to investigations and government operations
Mar 23, 2023	referred to investigations and government operations

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2023-S5964 (ACTIVE) - Details

See Assembly Version of this Bill:: A8263
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
2021-2022: S3046, A1952

2023-S5964 (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.

2023-S5964 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5964

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, titled "Rights of
Immigrants in Licensing" as an affirmative enactment that no applicant
shall be denied a professional, occupational, commercial, or business
license, permit, certificate, or any other substantially similar permis-
sion, or related registration, on account of their citizenship or immi-
gration 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, commer-
cial, or business quality. It also allows for the provision of an indi-
vidual taxpayer identification number whenever a social security number
would be otherwise required, without inquiring into the unavailability
of a social security number.

This section also protects sensitive information and documents and
requires that:

*Information or documents related to an applicant's citizenship or immi-
gration status, or lack thereof, shall not be 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 appli-
cant'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. Passive electronic
access by non-authorized parties is prohibited.

Section three amends subparagraphs vii and viii of paragraph (b) of
subdivision 2 of section 89 of the Public Officers Law, as it relates to
general provisions relating to access to records for certain cases, to
make clear that information that might indicate an applicant's citizen-
ship or immigration status is not subject to disclosure as it would
constitute an unwarranted 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 the
implementation 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 Childhood Arrivals ("DACA")
recipients. While New York has enacted some policies that enable immi-
grants with work authorization to access certain professional licenses,
many qualified DACA recipients and other noncitizens who have been
locked out of a pathway to legal status by the Trump Administration are
left out. With DACA and similar programs under imminent threat of termi-
nation, it is critical for New York to ensure immigrants can continue to
be an integral part of the state's workforce and economy.


More than one-third of adult immigrants in New York have a college
degree or further education. Without access to occupational and profes-
sional 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 benefiting from their skills.
Other noncitizens forego higher education or specialized 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 reven-
ue 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. This unjustifiable exclusion
undermines 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 registrations they are otherwise qualified
for for the interests of fostering entrepreneurship and economic growth
in the community-at-large.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S8481/A10633 Cruz

2021-2022: S3046/A1952 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.

2023-S5964 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5964
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2023
                                ___________
 
 Introduced by Sens. RIVERA, BAILEY, COMRIE, HOYLMAN-SIGAL, JACKSON, LIU,
   MAY,  RAMOS, SALAZAR, SEPULVEDA -- read twice and ordered printed, and
   when printed to be committed to the Committee  on  Investigations  and
   Government 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10091-01-3
 S. 5964                             2

 
   § 49-A. NONDISCRIMINATION AND EXTENSION OF LICENSES. 1.  NOTWITHSTAND-
 ING  ANY  OTHER PROVISION OF LAW, NO APPLICANT SHALL BE DENIED A LICENSE
 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-
 S. 5964                             3
 
 LAR IDENTIFICATION CARD, PASSPORT,  SOCIAL  SECURITY  NUMBER  OR  SOCIAL
 SECURITY  CARD, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER OR INDIVID-
 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
 S. 5964                             4
 
 identification number, or [both such numbers when such person  has  both
 such  numbers,  or,  where  such  person  does  not  have such number or
 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 669 of the laws of 2022, is amended to read
 as follows:
   (f) Citizenship or immigration status: [be a United States citizen  or
 a  noncitizen  lawfully  admitted  for permanent residence in the United
 States] MEET NO REQUIREMENT AS TO UNITED  STATES  CITIZENSHIP  OR  IMMI-
 GRATION STATUS;
   § 7. Subdivision 6 of section 6524 of the education law, as amended by
 chapter 669 of the laws of 2022, is amended to read as follows:
   (6)  Citizenship or immigration status: [be a United States citizen or
 a noncitizen lawfully admitted for permanent  residence  in  the  United
 States;  provided,  however  that the board of regents may grant a three
 year waiver for a noncitizen 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 a noncitizen physician to enable him or her to secure  citizen-
 ship or permanent resident status, provided such status is being active-
 ly  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;
 S. 5964                             5
 
   §  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:
   (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 669 of the laws of 2022, is amended to read as follows:
   (6) Citizenship or immigration status: [be a United States citizen  or
 a  noncitizen  lawfully  admitted  for permanent residence in the United
 States]  MEET NO REQUIREMENT AS TO UNITED STATES  CITIZENSHIP  OR  IMMI-
 GRATION STATUS;
   §  10.  Subdivision 6 of section 6604 of the education law, as amended
 by chapter 669 of the laws of 2022, is amended to read as follows:
   (6) Citizenship or immigration status: [be a United States citizen  or
 a  noncitizen  lawfully  admitted  for permanent residence in the United
 States; provided, however, that the board of regents may grant  a  three
 year  waiver  for  a  noncitizen  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 a noncitizen to enable him or her to secure citizen-
 ship or permanent resident status, provided such status is being active-
 ly pursued] MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP OR IMMI-
 GRATION STATUS;
   § 11. Subdivision 7 of section 6604-b of the education law, as amended
 by chapter 669 of the laws of 2022, 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 a noncitizen lawfully
 admitted for permanent residence in the United States; provided,  howev-
 er,  that  the department may grant a three year waiver for a noncitizen
 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 a noncitizen 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 CITI-
 ZENSHIP  OR  IMMIGRATION  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 669 of the laws of 2022, is amended to read as follows:
   (6)  Citizenship or immigration status: [be a United States citizen or
 a noncitizen lawfully admitted for permanent  residence  in  the  United
 States;  provided,  however, that the board of regents may grant a three
 year waiver for a noncitizen 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 a noncitizen to enable him or her to secure citizen-
 ship or permanent resident status, provided such status is being active-
 ly pursued] MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP OR IMMI-
 GRATION STATUS;
   §  13.  Subdivision 6 of section 6704 of the education law, as amended
 by chapter 669 of the laws of 2022, is amended to read as follows:
   (6) Citizenship or immigration status: [be a United States citizen  or
 a  noncitizen  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  require-
 ments  of this article and who has accepted an offer to practice veteri-
 S. 5964                             6

 nary medicine in a county in the state which the department  has  certi-
 fied  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] 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 669 of the laws of 2022, is amended to read as follows:
   6. Citizenship or immigration status: [be a United States citizen or a
 noncitizen 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 669 of the laws of 2022, is amended  to  read
 as follows:
   (6)  Citizenship or immigration status: [be a United States citizen or
 a noncitizen lawfully admitted for permanent  residence  in  the  United
 States]  MEET  NO  REQUIREMENT  AS TO UNITED STATES CITIZENSHIP OR IMMI-
 GRATION 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 669 of the laws of 2022, is amended to read as follows:
   6. Citizenship or immigration status: [be a United States citizen or a
 noncitizen lawfully admitted  for  permanent  residence  in  the  United
 States]  MEET  NO  REQUIREMENT  AS TO UNITED STATES CITIZENSHIP OR IMMI-
 GRATION 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:
 S. 5964                             7
 
   (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 669 of the laws of 2022, is amended  to  read
 as follows:
   (6)  Citizenship or immigration status: [be a United States citizen or
 a noncitizen lawfully admitted for permanent  residence  in  the  United
 States]  MEET  NO  REQUIREMENT  AS TO UNITED STATES CITIZENSHIP OR IMMI-
 GRATION STATUS;
   § 24. Paragraph 6 of subdivision 1 of section 7206-a of the  education
 law,  as  amended by chapter 669 of the laws of 2022, is amended to read
 as follows:
   (6) Citizenship or immigration status: [be a United States citizen  or
 a  noncitizen  lawfully  admitted  for permanent residence in the United
 States] MEET NO REQUIREMENT AS TO UNITED  STATES  CITIZENSHIP  OR  IMMI-
 GRATION STATUS;
   §  25.  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;
   § 26. Paragraph 6 of subdivision 1 of section 7324  of  the  education
 law,  as  amended by chapter 669 of the laws of 2022, is amended to read
 as follows:
   (6) Citizenship or immigration status: [be a United States citizen  or
 a  noncitizen  lawfully  admitted  for permanent residence in the United
 States] MEET NO REQUIREMENT AS TO UNITED  STATES  CITIZENSHIP  OR  IMMI-
 GRATION STATUS;
   §  27.  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;
   § 28. Paragraph 6 of subdivision 1 of section 7504  of  the  education
 law,  as  amended by chapter 669 of the laws of 2022, is amended to read
 as follows:
   (6) Citizenship or immigration status: [be a United States citizen  or
 a  noncitizen  lawfully  admitted  for permanent residence in the United
 States] MEET NO REQUIREMENT AS TO UNITED  STATES  CITIZENSHIP  OR  IMMI-
 GRATION STATUS;
   §  29. 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;
   §  30.  Subdivision 5 of section 7804 of the education law, as amended
 by chapter 669 of the laws of 2022, is amended to read as follows:
   (5) Citizenship or immigration status: [be a United States citizen  or
 a  noncitizen  lawfully  admitted  for permanent residence in the United
 States] MEET NO REQUIREMENT AS TO UNITED  STATES  CITIZENSHIP  OR  IMMI-
 GRATION STATUS;
   §  31.  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] REQUIREMENT for a license,
 S. 5964                             8
 
 provided however that a permit shall not be issued to a person  who  has
 failed the state licensing examination.
   §  32.  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.
   §  33. 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;
   § 34. 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.
   § 35. Subdivision 3 of section 126 of the alcoholic  beverage  control
 law is REPEALED.
   §  36.  Subdivision 4 of section 126 of the alcoholic beverage control
 law, as amended by chapter 669 of the laws of 2022, 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 a noncitizen 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 from disabilities granted by the department  of  corrections  and
 community  supervision  or  a  court  of  this  state  pursuant  to  the
 S. 5964                             9
 
 provisions of article twenty-three of the correction law to  remove  the
 disability  under  this  section  because  of  such conviction; provided
 however [that a corporation 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 noncitizens 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.
   § 37. Section 10 of the general city law, as amended by chapter 669 of
 the laws of 2022, 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  a noncitizen lawfully admitted for
 permanent residence in the United States].
   This license shall be revocable only for cause.
   § 38. Paragraph (a) of subdivision 2 of section  3421  of  the  public
 health law is REPEALED.
   §  39.  Section  41 of the general business law, as amended by chapter
 669 of the laws of 2022, 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 noncitizens lawfully admitted  for  perma-
 nent  residence  in  the  United States,] PEOPLE as he or she shall deem
 proper and who shall produce to him 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 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
 and every year on payment of the same sum and upon  performance  of  the
 S. 5964                            10
 
 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.
   §  40.  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
 commencement of manufacturing or contracting in the apparel industry and
 S. 5964                            11
 
 shall be effective until the following January  fifteenth.  The  commis-
 sioner  may  pro  rate  the  initial  annual  registration  fee  in such
 instances.
   §  41.  Section 460 of the judiciary law, as amended by chapter 669 of
 the laws of 2022, 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,
 noncitizen  status [or], sex OR FEDERAL IMMIGRATION STATUS shall consti-
 tute no cause for refusing any person examination or admission to  prac-
 tice.
   §  42.  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.
   § 43. This act shall take effect on  the  one  hundred  eightieth  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.

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Senate Bill S5964

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2023-S5964 (ACTIVE) - Details

2023-S5964 (ACTIVE) - Summary

2023-S5964 (ACTIVE) - Sponsor Memo

2023-S5964 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5964

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Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2023-S5964 (ACTIVE) - Details

2023-S5964 (ACTIVE) - Summary

2023-S5964 (ACTIVE) - Sponsor Memo

2023-S5964 (ACTIVE) - Bill Text download pdf

Comments