The New York State Senate

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

                                  5205

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, the general business law, the  insur-
  ance  law and the real property law, in relation to licensing of mili-
  tary 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. 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  IS  THE  SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, NATIONAL GUARD OR RESERVES MAY  SUBMIT  A  SIGNED  AFFIDAVIT  TO
ACCOMPANY THE APPLICATION FOR LICENSURE, STATING THAT THE ENTRIES IN THE
APPLICATION  ARE  TRUE  AND  ACCURATE,  AND  THAT DOCUMENTATION HAS BEEN
REQUESTED PROVIDING SATISFACTORY  VERIFYING  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
SUBMISSIONS  REQUIRED  BY THE ARTICLE OF THIS CHAPTER FOR THE PARTICULAR
PROFESSION.  THE BOARD OF REGENTS SHALL ISSUE A  LICENSE  BASED  ON  THE
APPLICATION,  PROVIDED  THAT  THE  ENTRIES IN SUCH APPLICATION SHOW THAT
SUCH LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE
JUDGEMENT OF THE BOARD OF REGENTS, NOT LOWER THAN THOSE OF  THIS  STATE.
IF THE BOARD FINDS REASONABLE CAUSE TO BELIEVE THAT THE APPLICANT FALSE-
LY AFFIRMED OR STATED THAT THE APPLICANT HAS REQUESTED VERIFICATION FROM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10495-02-3

S. 5205                             2

ANOTHER  STATE  OR  STATES,  THE BOARD MAY SUMMARILY SUSPEND THE LICENSE
PENDING FURTHER ACTION TO DISCIPLINE OR REVOCATION OF THE LICENSE.
  S  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.
  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 IS THE SPOUSE OF A MEMBER OF THE ARMED FORC-
ES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT A  SIGNED
AFFIDAVIT  TO  ACCOMPANY THE APPLICATION FOR LICENSURE, CERTIFICATION OR
REGISTRATION, STATING THAT THE ENTRIES IN THE APPLICATION ARE  TRUE  AND
ACCURATE,  AND THAT DOCUMENTATION HAS BEEN REQUESTED PROVIDING SATISFAC-
TORY VERIFYING EVIDENCE OF LICENSURE, CERTIFICATION OR  REGISTRATION  TO
PRACTICE  AN EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY,
PROTECTORATE  OR  DEPENDENCY  OF  THE  UNITED  STATES  IN  LIEU  OF  THE
SUBMISSIONS  REQUIRED  BY THE ARTICLE OF THIS CHAPTER FOR THE PARTICULAR
PROFESSION. THE SECRETARY SHALL ISSUE A LICENSE, CERTIFICATE  OR  REGIS-
TRATION  BASED ON THE APPLICATION, PROVIDED THE ENTRIES IN SUCH APPLICA-
TION SHOW THAT SUCH LICENSE, CERTIFICATION OR CERTIFICATE  OF  REGISTRA-
TION  WAS  GRANTED  IN  COMPLIANCE  WITH  STANDARDS  WHICH  WERE, IN THE
JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.   IF  THE
SECRETARY  OF STATE FINDS REASONABLE CAUSE TO BELIEVE THAT THE APPLICANT
FALSELY AFFIRMED OR STATED THAT THE APPLICANT HAS REQUESTED VERIFICATION
FROM ANOTHER STATE OR STATES, THE SECRETARY MAY  SUMMARILY  SUSPEND  THE
LICENSE,  CERTIFICATE  OR  REGISTRATION PENDING FURTHER ACTION TO DISCI-
PLINE OR REVOCATION OF THE LICENSE, CERTIFICATE OR REGISTRATION.
  S 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.
  S 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.

S. 5205                             3

  S 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
A SIGNED AFFIDAVIT TO ACCOMPANY THE APPLICATION FOR  LICENSURE,  STATING
THAT  THE  ENTRIES  IN  THE  APPLICATION ARE TRUE AND ACCURATE, AND THAT
DOCUMENTATION  HAS  BEEN  REQUESTED  PROVIDING  SATISFACTORY   VERIFYING
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  EXAMINATION
REQUIRED  BY SUBDIVISION ONE OF THIS SECTION.  THE SECRETARY SHALL ISSUE
A LICENSE BASED ON THE APPLICATION PROVIDED THE ENTRIES IN THE  APPLICA-
TION  SHOW  THAT  SUCH  LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS
WHICH WERE, IN THE JUDGMENT OF THE SECRETARY, NOT LOWER  THAN  THOSE  OF
THIS STATE.  IF THE SECRETARY FINDS REASONABLE CAUSE TO BELIEVE THAT THE
APPLICANT  FALSELY  AFFIRMED  OR STATED THAT THE APPLICANT HAS REQUESTED
VERIFICATION FROM ANOTHER STATE OR STATES, THE SECRETARY  MAY  SUMMARILY
SUSPEND  THE  LICENSE PENDING FURTHER ACTION TO DISCIPLINE OR REVOCATION
OF THE LICENSE.
  S 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.
  S  7.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  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
and directed to be made and completed on or before such effective date.