senate Bill S4914A

Amended

Requires colleges, vocational institutions and other approved programs to provide credits or exemptions for comparable military training

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / May / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 10 / May / 2013
    • AMEND (T) AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 10 / May / 2013
    • PRINT NUMBER 4914A
  • 30 / May / 2013
    • 1ST REPORT CAL.934
  • 03 / Jun / 2013
    • 2ND REPORT CAL.
  • 04 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2013
    • AMENDED ON THIRD READING (T) 4914B
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 04 / Feb / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 07 / Feb / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 07 / Feb / 2014
    • PRINT NUMBER 4914C

Summary

Requires colleges, vocational institutions and other approved programs to provide credits or exemptions for comparable military training; provides for expedited application for admission to the practice of a profession by a veteran or a veteran's spouse; relates to motor vehicle inspector certification and mechanic qualifications, certification of responder or emergency medical technicians, licensure of master electricians and plumber certification.

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Bill Details

See Assembly Version of this Bill:
A7488A
Versions:
S4914
S4914A
S4914B
S4914C
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Education Law
Laws Affected:
Amd §§6505-c & 6501, Ed L; add §464-a, Judy L; add Art 2-A §20, Gen Bus L; amd §§304-a & 398-d, V & T L; amd §3002, Pub Health L; amd §236-a, County L; amd §45, Gen City L

Sponsor Memo

BILL NUMBER:S4914A

TITLE OF BILL: An act to amend the education law, in relation to
granting academic credit at state operated institutions of the state
university of New York and the senior colleges of the city university
of New York to veterans; and to amend the education law, the judiciary
law, the general business law, the vehicle and traffic law, the public
health law, the county law and the general city law, in relation to
licensure and certification for military training

PURPOSE:

To require colleges, vocational institutions and other approved
programs to provide credits or exemptions for comparable military
training.

SUMMARY OF PROVISIONS:

Sections 1, 2 and 3: Section 6505-c of the education law, section 6501
of the education law, and section 464-a of the judiciary law
respectively, are amended to require a college, vocational institution
or other approved program that issues licenses or certificates for
professional training to provide credits or exemptions to applicants
who have received such training previously during his or her military
service.

Section 4. The judiciary law is amended by adding a new article 464-A:
any applicant for admission on motion who was a member of the armed
forces of the United States, national guard or reserves may submit
satisfactory evidence of licensure to practice as an attorney in any
other state, territory, protectorate or dependency of the United
States in lieu of any other submissions required by the rules of the
court, provided that such license or training and practice was
conducted in compliance with standards which were in the judgment of
the court of appeals, not lower than those of this state.

Section 5. The general business law is amended by adding a new article
2-A: any applicant who was a member of the armed forces, national
guard or reserves may submit satisfactory evidence of licensure,
certification or registration to practice an equivalent occupation
issued by any other state in lieu of other requirements for the
particular profession.

Section 6. Subdivision e of section 304-a of the vehicle and traffic
law is amended to allow any person who was a member of the armed
forces, national guard or reserves and who by military training and
practice acquired the skills of a motor vehicle inspector shall be
certified by the commissioner as an inspector.

Section 7. Section 398-d of the vehicle and traffic law is amended by
adding a new subdivision 8 to allow any person with military training
and practice as a motor vehicle mechanic to be deemed qualified to
perform work upon motor vehicles at motor vehicle repair shops.

Section 8. Subdivision 2 of section 3002 of the public health law is
amended to allow any person with military training and practice as a


corpsman or medic to be certified without examination as a first
responder or emergency medical technician.

Section 9. Subdivision 1 of section 236-a of the county law is amended
to allow any person with military training and practice as an
electrician to be licensed without examination as a master
electrician,

Section 10. Section 45 of the general city law is amended to allow any
person with military training or practice of a plumber to be certified
as competent without examination.

Section 11 is the effective date.

JUSTIFICATION:

Recently discharged military service members are frequently delayed in
obtaining post-Service employment, even though they have applicable
military education, training and experience which can qualify them for
licenses and/or provide academic credit toward degree requirements.
The Department of Defense of Military Services provide each Service
member a transcript of their experience and training; however, these
transcripts are not always adequate for civilian institutions to
assess for possible academic credit and by licensing boards to assess
for license requirements. This bill would allow Service members to
obtain credit toward occupational licenses based on their military
education, training and experience

LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become law; provided, that, effective
immediately, any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and
directed to be amended, added and/or repealed on or before such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4914--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law,  in  relation  to  granting  academic
  credit  at  state operated institutions of the state university of New
  York and the senior colleges of the city university  of  New  York  to
  veterans;  and  to  amend  the  education  law, the judiciary law, the
  general business law, the vehicle and traffic law, the  public  health
  law, the county law and the general city law, in relation to licensure
  and certification for military training

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The education law is amended by adding a new section 669-e
to read as follows:
  S 669-E. COURSE CREDIT FOR VETERANS. 1. FOR PURPOSES OF THIS  SECTION,
THE  TERM  "VETERAN"  MEANS  A  PERSON, MALE OR FEMALE, RESIDENT OF THIS
STATE, WHO HAS SERVED IN THE ACTIVE MILITARY OR  NAVAL  SERVICE  OF  THE
UNITED  STATES  DURING  A WAR IN WHICH THE UNITED STATES ENGAGED AND WHO
HAS BEEN RELEASED FROM SUCH SERVICE BY ANY MEANS OTHER THAN BY DISHONOR-
ABLE DISCHARGE, OR WHO HAS BEEN FURLOUGHED TO THE RESERVE.
  2. EVERY VETERAN WHO IS ENROLLED ON A FULL-TIME BASIS AS AN UNDERGRAD-
UATE STUDENT IN GOOD  STANDING,  AT  AN  INSTITUTION  WITHIN  THE  STATE
UNIVERSITY  SYSTEM, SHALL UPON APPLICATION BE GRANTED UP TO SIX ACADEMIC
CREDITS PER YEAR AND SIXTY CREDITS IN THE AGGREGATE TOWARDS HIS  OR  HER
DEGREE  FOR COMPLETION OF COURSES THAT WERE PART OF SUCH VETERAN'S MILI-
TARY TRAINING OR SERVICE IF THE COMPLETED COURSES MEET THE STANDARDS  OF
THE  AMERICAN COUNCIL ON EDUCATION OR ITS EQUIVALENT FOR THE AWARDING OF
ACADEMIC CREDITS. NO FEE, TUITION OR  OTHER  CHARGE  SHALL  BE  ASSESSED
AGAINST  A  VETERAN  WHO  QUALIFIES  FOR  SUCH  CREDIT  PURSUANT TO THIS
SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10497-02-3

S. 4914--A                          2

  3. THE BOARDS OF TRUSTEES OF THE STATE UNIVERSITY AND THE CITY UNIVER-
SITY OF NEW YORK SHALL ADOPT SUCH PROCEDURES AS ARE NECESSARY  TO  FULLY
IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  2.  Section  6505-c of the education law is amended by adding three
new subdivisions 5, 6 and 7 to read as follows:
  5. NOTWITHSTANDING ANY PROVISION OF LAW OR REGULATION TO THE CONTRARY,
A COLLEGE, VOCATIONAL INSTITUTION OR OTHER APPROVED PROGRAM THAT  ISSUES
LICENSES  OR  CERTIFICATES FOR WHICH PROFESSIONAL TRAINING, SCHOOLING OR
APPRENTICESHIP IS REQUIRED SHALL  PROVIDE  CREDITS  OR  EXEMPTIONS  FROM
REQUIREMENTS  TOWARD  LICENSURE OR CERTIFICATION FOR ANY APPLICANT TO AN
APPROVED PROGRAM WHO HAS RECEIVED TRAINING WHICH APPEARS ON SUCH LISTS.
  6. AN APPLICANT TO A COLLEGE, VOCATIONAL INSTITUTION OR OTHER APPROVED
PROGRAM SHALL NOT BE REQUIRED TO REPEAT ANY TRAINING  WHICH  APPEARS  ON
SUCH  LISTS  IN  ORDER TO MEET THE REQUIREMENTS FOR LICENSURE OR CERTIF-
ICATION. CREDITS OR EXEMPTIONS  FROM  REQUIREMENTS  TOWARD  LICENSES  OR
CERTIFICATES  AWARDED BY A COLLEGE SHALL BE GRANTED IN A MANNER CONSIST-
ENT WITH (A) GUIDELINES ESTABLISHED BY THE AMERICAN  COUNCIL  ON  EDUCA-
TION,  (B)  THE  CONSTITUENT  UNITS'  TRANSFER  CREDIT POLICIES, AND (C)
SECTIONS 21.4253 AND 21.4254 OF TITLE THIRTY-EIGHT OF THE CODE OF FEDER-
AL REGULATIONS.
  7. FOR PURPOSES OF THIS SECTION, "COLLEGE",  "VOCATIONAL  INSTITUTION"
AND  "APPROVED  PROGRAM"  SHALL  HAVE  THE SAME MEANINGS AS SET FORTH IN
SUBDIVISIONS TWO, THREE AND FOUR OF SECTION  SIX  HUNDRED  ONE  OF  THIS
CHAPTER, RESPECTIVELY.
  S  3.  Section  6501 of the education law, as amended by chapter 81 of
the laws of 1995, is amended to read as follows:
  S 6501. Admission to a profession (licensing).  Admission to  practice
of  a profession in this state is accomplished by a license being issued
to a qualified applicant by the education department.  To qualify for  a
license an applicant shall meet the requirements prescribed in the arti-
cle  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 LAW TO THE CONTRARY, ANY APPLI-
CANT WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL
GUARD OR RESERVES MAY SUBMIT SATISFACTORY EVIDENCE OF LICENSURE TO PRAC-
TICE AN EQUIVALENT OCCUPATION ISSUED  BY  ANY  OTHER  STATE,  TERRITORY,
PROTECTORATE  OR  DEPENDENCY  OF  THE  UNITED STATES, OR OF PROFESSIONAL
TRAINING AND PRACTICE IN THE  ARMED FORCES OF THE UNITED STATES IN  LIEU
OF  THE  SUBMISSIONS  REQUIRED  BY  THE  ARTICLE OF THIS CHAPTER FOR THE
PARTICULAR PROFESSION, PROVIDED THAT SUCH LICENSE WAS GRANTED OR  TRAIN-
ING  AND  PRACTICE CONDUCTED IN COMPLIANCE WITH STANDARDS WHICH WERE, IN
THE JUDGMENT OF THE BOARD OF REGENTS,  NOT  LOWER  THAN  THOSE  OF  THIS
STATE.
  S  4.  The  judiciary  law is amended by adding a new section 464-a to
read as follows:
  S 464-A. ADMISSION ON MOTION; MILITARY TRAINING.  NOTWITHSTANDING  ANY
PROVISION  OF LAW TO THE CONTRARY, ANY APPLICANT FOR ADMISSION ON MOTION
WHO WAS A MEMBER OF THE ARMED FORCES  OF  THE  UNITED  STATES,  NATIONAL
GUARD OR RESERVES MAY SUBMIT SATISFACTORY EVIDENCE OF LICENSURE TO PRAC-
TICE  AS  AN  ATTORNEY  IN  ANY  OTHER STATE, TERRITORY, PROTECTORATE OR
DEPENDENCY OF THE UNITED STATES, OR OF PROFESSIONAL TRAINING  AND  PRAC-
TICE,  IN  THE  ARMED  FORCES  OF THE UNITED STATES IN LIEU OF ANY OTHER
SUBMISSIONS REQUIRED BY THE RULES  OF  THE  COURT,  PROVIDED  THAT  SUCH
LICENSE OR TRAINING AND PRACTICE WAS CONDUCTED IN COMPLIANCE WITH STAND-
ARDS  WHICH WERE IN THE JUDGMENT OF THE COURT OF APPEALS, NOT LOWER THAN
THOSE OF THIS STATE.

S. 4914--A                          3

  S 5. 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.
  S 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  WAS  A MEMBER OF THE ARMED FORCES OF THE
UNITED STATES,  NATIONAL  GUARD  OR  RESERVES  MAY  SUBMIT  SATISFACTORY
EVIDENCE  OF  LICENSURE,  CERTIFICATION  OR  REGISTRATION TO PRACTICE AN
EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY, PROTECTORATE
OR DEPENDENCY OF THE UNITED STATES,  OR  OF  PROFESSIONAL  TRAINING  AND
PRACTICE  IN  THE  ARMED  FORCES  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 OR TRAINING AND PRACTICE CONDUCTED  IN  COMPLI-
ANCE  WITH  STANDARDS  WHICH WERE, IN THE JUDGMENT OF THE SECRETARY, NOT
LOWER THAN THOSE OF THIS STATE.
  S 6. Subdivision (c) of section 304-a of the vehicle and traffic  law,
as  added  by  chapter  61  of  the  laws of 1989, is amended to read as
follows:
  (c) The commissioner may, by regulation, establish standards of compe-
tency and fitness for certification as an inspector; PROVIDED,  HOWEVER,
THAT  ANY  PERSON  WHO  WAS  A  MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, NATIONAL GUARD OR RESERVES AND  WHO  BY  MILITARY  TRAINING  AND
PRACTICE  ACQUIRED  THE  SKILLS  OF  A  MOTOR VEHICLE INSPECTOR SHALL BE
CERTIFIED BY THE COMMISSIONER AS AN INSPECTOR.
  S 7. Section 398-d of the vehicle and traffic law is amended by adding
a new subdivision 8 to read as follows:
  8. EVERY PERSON WHO WAS A MEMBER OF THE ARMED  FORCES  OF  THE  UNITED
STATES,  NATIONAL  GUARD  OR  RESERVES  AND WHO BY MILITARY TRAINING AND
PRACTICE ACQUIRES THE SKILLS OF A MOTOR VEHICLE MECHANIC SHALL BE DEEMED
TO BE QUALIFIED TO PERFORM WORK UPON MOTOR  VEHICLES  AT  MOTOR  VEHICLE
REPAIR SHOPS.
  S  8.  Subdivision  2  of  section  3002  of the public health law, as
amended by chapter 580 of the laws  of  2007,  is  amended  to  read  as
follows:
  2. The state council shall have the power, by an affirmative vote of a
majority  of  those present, subject to approval by the commissioner, to
enact, and from time to time, amend and repeal,  rules  and  regulations
establishing minimum standards for ambulance services, ambulance service
certification,  advanced  life  support  first  response  services,  the
provision of prehospital emergency medical care, public  education,  the
development  of  a  statewide  emergency  medical  services  system, the
provision of ambulance services outside the primary territory  specified
in  the  ambulance  services' certificate and the training, examination,
and certification of certified first responders, emergency medical tech-
nicians, and advanced emergency medical technicians; provided,  however,

S. 4914--A                          4

that  such minimum standards must be consistent with the staffing stand-
ards established by section three thousand five-a of this article.  Such
training  shall  be  made  available by video or computer to the maximum
extent possible. [Until January first, nineteen hundred ninety-seven, no
minimum standards shall be established for services provided by a volun-
tary  ambulance  service  operating  solely  pursuant  to a statement of
registration issued under section three thousand four.]  The  curriculum
for  certified first responder training shall not exceed fifty-one hours
including prerequisites. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS
ARTICLE TO THE CONTRARY, ANY PERSON WHO WAS A MEMBER OF THE ARMED FORCES
OF  THE  UNITED  STATES,  NATIONAL GUARD OR RESERVES AND WHO BY MILITARY
TRAINING AND PRACTICE WAS A MEDIC OR CORPSMAN SHALL BE CERTIFIED,  WITH-
OUT  EXAMINATION,  BY THE STATE COUNCIL AND REGIONAL COUNCILS AS A FIRST
RESPONDER OR EMERGENCY MEDICAL TECHNICIAN. The state council shall  have
the  same  powers  granted  to  regional councils by this article in any
region of the state in which a regional  council  has  not  been  estab-
lished.
  S  9.  Subdivision 1 of section 236-a of the county law, as amended by
chapter 343 of the laws of 2008, is amended to read as follows:
  1. Notwithstanding the provisions of the general city law or any other
law to the contrary, the counties of Dutchess and Westchester  are  each
hereby  authorized  to  establish a county board of examiners for master
electricians and to empower such board to assume  all  licensing  duties
within each such county with respect to the licensure of master electri-
cians.    PROVIDED,  THAT SUCH COUNTIES SHALL PROVIDE FOR THE LICENSING,
WITHOUT EXAMINATION, AS A MASTER ELECTRICIAN OF ANY  PERSON  WHO  WAS  A
MEMBER  OF  THE  ARMED  FORCES  OF  THE UNITED STATES, NATIONAL GUARD OR
RESERVES AND WHO BY MILITARY TRAINING AND PRACTICE ACQUIRED  THE  SKILLS
OF  AN  ELECTRICIAN.  The  counties  of  Dutchess  and Westchester shall
provide for master electrician's duties and responsibilities in  accord-
ance with the local law of each such county.
  S  10.  Section  45  of  the  general  city  law is amended to read as
follows:
  S 45. Examinations; conducting business without certificate  prohibit-
ed.  A  person  desiring  or intending to conduct the trade, business or
calling of a plumber or of plumbing in a city of this state as employing
or master plumber, shall be required to submit to an examination  before
such examining board of plumbers as to his experience and qualifications
for  such  trade, business or calling, and it shall not be lawful in any
city of this state for a person to conduct such trade, business or call-
ing, unless he shall have first obtained  a  certificate  of  competency
from  such board of the city in which he conducts or proposes to conduct
such business.  PROVIDED, HOWEVER, THAT ANY PERSON WHO WAS A  MEMBER  OF
THE  ARMED  FORCES  OF THE UNITED STATES, NATIONAL GUARD OR RESERVES AND
WHO BY MILITARY TRAINING AND PRACTICE ACQUIRED THE SKILLS OF  A  PLUMBER
SHALL BE CERTIFIED AS COMPETENT WITHOUT EXAMINATION.
  S 11. This act shall take effect on the first of January next succeed-
ing  the  date  on which it shall have become a law, except that section
one of this act shall take effect on the first of July  next  succeeding
the  date on which it shall have become a law; provided, that, effective
immediately, any  rules  and  regulations  necessary  to  implement  the
provisions of this act on its effective date are authorized and directed
to be amended, added and/or repealed on or before such date.

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