Senate Bill S3631A

2017-2018 Legislative Session

Requires colleges and certain professions provide credit or exemptions for comparable military training

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 09, 2018	print number 3631a
Mar 09, 2018	amend and recommit to veterans, homeland security and military affairs
Jan 03, 2018	referred to veterans, homeland security and military affairs
Jan 25, 2017	referred to veterans, homeland security and military affairs

Bill Amendments

Original

A (Active)

2017-S3631 - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: General Business Law
Laws Affected:: Add Art 2-A §§20-a & 20-b, Gen Bus L; add §§669-i & 6505-d, amd §§6505-c, Ed L; amd §§304-a & 398-d, V & T L; amd §3002, Pub Health L; amd §236-a & 236, County L; amd §45, Gen City L
Versions Introduced in 2015-2016 Legislative Session:: S4398

2017-S3631 - Summary

Requires colleges and certain professions provide credit or exemptions for comparable military training.

2017-S3631 - Sponsor Memo

                                 BILL NUMBER:  S3631

 TITLE OF BILL :  An act to amend the general business law, in
relation to licensing, certification and registration for veterans and
veterans' spouses; to amend the education law, in relation to course
credit for veterans, articulation between military and civilian
professional careers and application for admission to practice of a
profession by a veteran or a veteran's spouse; to amend the vehicle
and traffic law, in relation to providing motor vehicle inspector
certification and mechanic qualifications; to amend the public health
law, in relation to certification of first responder or emergency
medical technician; to amend the county law, in relation to licensure
of master electricians and plumbers; and to amend the general city
law, in relation to plumber certification

 PURPOSE :

To require colleges, vocational institutions and other approved
programs to provide credits or exemptions for comparable military
training, and to provide for articulations by the commissioner of
education, the director of veterans affairs and the secretary of state
to allow former military personal and their spouses to be admitted to
practice professions and receive equivalent licensing, certification
and registrations.

 SUMMARY OF PROVISIONS :

Section One creates a new Article 2-A of the general business law to
provide the same articulation performed for veterans and veterans
spouses under section 6505-c and 6505-d of the education law, to be
performed by the secretary of state with respect to licensing,
certification and registration under the general business law.

Section two amends the education law by adding a new section 669-h to
provide that every veterans who is enrolled full-time as an
undergraduate student in good standing at a SUNY institution, shall
upon application and approval be granted up to six academic credits
per semester based on the veteran's military training or service in
similar or equivalent subject matter.

Section three amends section 6505-c of the education law to expand the
currently required articulation between military and civilian
professional careers to include programs which may provide, where
applicable, equivalent education and training for those professions
which would promote the economic development, job creation or
technological advancement of business in the State of New York.
Additionally, this section provides that in their determination of
which military programs provide equivalent education and training, the
commissioner of education and the director of the division of
veterans' affairs shall consider the standards of the American council
on education.

Section four adds a new section 6505-d of the education law to provide
expedited application for admission to the practice of a profession by
a veteran or a spouse of a veteran. Determination on the application
shall be made by the commissioner within thirty day of the filing. In
considering the application of a veteran the commissioner shall
consider both the education and training of the veteran and the
equivalent education and training received by the veteran through
military service. In considering the application of a spouse of a
veteran the commissioner shall consider the education, training, past
admission or past practice of the spouse of a veteran in another
jurisdiction together with the standards of the American Council on
Education. If the commissioner determines that the education and
training and/or past admission or past practice of the veteran or the
veteran's spouse is essentially equivalent to the standards for
admission to a practice in New York State the commissioner shall
approve such application.

Section five amends section 304-a of the vehicle and traffic law to
provide that any person who served in the armed forces of the United
States, national guard or reserves and acquired skills for
certification as a vehicle inspector through military training and
practice in military service shall be certified as a motor vehicle
inspector.

Section six amends section 398-d of the vehicle and traffic law, to
provide that any person who served in the armed forces of the United
States, national guard or reserves and by military training and
practice acquired the skills of a motor vehicle mechanic through
military service shall be qualified to perform work on motor vehicles
at a motor vehicle repair shop.

Section seven amends subdivision 2 of section 3002 of the public
health law, to provide 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 was a medic or corpsman shall be
certified, without examination, by the state council and regional
councils as a first responder or emergency medical technician.

Section eight amends subdivision I of section 236-a of the county law
to state that a county 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.

Section nine amends section 45 of the general city law to state that a
city shall provide for the certification without examination as a
plumber 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 a plumber.

Section ten amends subdivision l of section 236 of the county law to
provide for the licensing, without examination, as a licensed plumber
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 a plumber

Section eleven sets 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, certificate of competency, and/or provide academic credit
toward degree requirements. The Department of Defense provides 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 :

(S.49 I4-C) - Reported to Finance

 FISCAL IMPLICATIONS :

None.
 EFFECTIVE DATE :
This act would take effect on the first of January after it has become
a law.

2017-S3631 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3631
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by Sen. PHILLIPS -- 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,  in  relation  to  licensing,
   certification  and registration for veterans and veterans' spouses; to
   amend the education law, in relation to course  credit  for  veterans,
   articulation  between  military  and civilian professional careers and
   application for admission to practice of a profession by a veteran  or
   a  veteran's spouse; to amend the vehicle and traffic law, in relation
   to providing motor vehicle inspector certification and mechanic quali-
   fications; to amend the public health  law,  in  relation  to  certif-
   ication  of  first responder or emergency medical technician; to amend
   the county law, in relation to licensure of  master  electricians  and
   plumbers;  and  to  amend the general city law, in relation to plumber
   certification
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 2-A to read as follows:
                                ARTICLE 2-A
   LICENSING, CERTIFICATION AND REGISTRATION FOR VETERANS AND VETERANS'
                                  SPOUSES
 SECTION 20-A. ARTICULATION  BETWEEN  MILITARY  AND CIVILIAN PROFESSIONAL
                 CAREERS.
         20-B. APPLICATION FOR LICENSING, CERTIFICATION  OR  REGISTRATION
                 TO  PRACTICE  A PROFESSION BY A VETERAN OR A SPOUSE OF A
                 VETERAN.
   §  20-A.  ARTICULATION  BETWEEN  MILITARY  AND  CIVILIAN  PROFESSIONAL
 CAREERS.  1.  THE  SECRETARY  OF  STATE  SHALL DEVELOP, JOINTLY WITH THE
 DIRECTOR OF THE DIVISION OF VETERANS' AFFAIRS, A PROGRAM  TO  FACILITATE
 ARTICULATION  BETWEEN  PARTICIPATION  IN  THE ARMED FORCES OF THE UNITED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06773-01-7

 S. 3631                             2
 
 STATES OR THE MILITARY SERVICE OF THE STATE AND THE  LICENSING,  CERTIF-
 ICATION  AND  REGISTRATION  FOR  VETERANS  TO  PRACTICE  ANY  PROFESSION
 LICENSED, CERTIFIED OR REGISTERED PURSUANT TO THIS CHAPTER.  THE  SECRE-
 TARY  AND  THE DIRECTOR SHALL IDENTIFY, REVIEW AND EVALUATE PROFESSIONAL
 TRAINING PROGRAMS OFFERED THROUGH EITHER THE ARMED FORCES OF THE  UNITED
 STATES OR THE MILITARY SERVICE OF THE STATE WHICH MAY, WHERE APPLICABLE,
 BE  ACCEPTED  BY  THE DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN
 LIEU OF ALL OR PART OF AN APPROVED PROGRAM. PARTICULAR EMPHASIS SHALL BE
 PLACED ON THE IDENTIFICATION OF MILITARY PROGRAMS WHICH HAVE  PREVIOUSLY
 BEEN  DEEMED  ACCEPTABLE BY THE DEPARTMENT OF STATE AS EQUIVALENT EDUCA-
 TION AND TRAINING, PROGRAMS WHICH MAY PROVIDE, WHERE APPLICABLE,  EQUIV-
 ALENT EDUCATION AND TRAINING FOR THOSE PROFESSIONS WHICH ARE CRITICAL TO
 PUBLIC  HEALTH AND SAFETY AND PROGRAMS WHICH MAY PROVIDE, WHERE APPLICA-
 BLE, EQUIVALENT EDUCATION AND TRAINING FOR THOSE PROFESSIONS  FOR  WHICH
 SHORTAGES  EXIST  IN  THE  STATE  AND  PROGRAMS WHICH MAY PROVIDE, WHERE
 APPLICABLE, EQUIVALENT EDUCATION  AND  TRAINING  FOR  THOSE  PROFESSIONS
 WHICH  WOULD  PROMOTE  THE  ECONOMIC  DEVELOPMENT  OF  BUSINESS  AND JOB
 CREATION IN THE STATE OF NEW YORK.
   2. THE SECRETARY AND THE DIRECTOR SHALL PREPARE A LIST OF THOSE  MILI-
 TARY  PROGRAMS  WHICH  HAVE  PREVIOUSLY  BEEN  DEEMED  ACCEPTABLE BY THE
 DEPARTMENT OF STATE AS EQUIVALENT EDUCATION AND TRAINING IN LIEU OF  ALL
 OR PART OF AN APPROVED PROGRAM NO LATER THAN JANUARY FIRST, TWO THOUSAND
 EIGHTEEN.  ON  AND AFTER SUCH DATE, SUCH LIST SHALL BE MADE AVAILABLE TO
 THE PUBLIC AND APPLICANTS FOR ADMISSION TO PRACTICE OF A PROFESSION.
   3. THE SECRETARY AND THE DIRECTOR SHALL PREPARE A LIST OF THOSE  MILI-
 TARY  PROGRAMS WHICH MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT EDUCATION
 AND TRAINING FOR THOSE PROFESSIONS WHICH ARE CRITICAL TO  PUBLIC  HEALTH
 AND  SAFETY,  PROGRAMS  WHICH  MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT
 EDUCATION AND TRAINING FOR THOSE PROFESSIONS FOR WHICH  SHORTAGES  EXIST
 IN  THE  STATE, PROGRAMS WHICH MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT
 EDUCATION AND TRAINING FOR THOSE PROFESSIONS  WHICH  WOULD  PROMOTE  THE
 ECONOMIC  DEVELOPMENT  OF  BUSINESS AND JOB CREATION IN THE STATE OF NEW
 YORK AND ANY OTHER MILITARY PROGRAMS WHICH  MAY,  WHERE  APPLICABLE,  BE
 ACCEPTED BY THE DEPARTMENT OF STATE AS EQUIVALENT EDUCATION AND TRAINING
 IN  LIEU  OF  ALL  OR  PART OF AN APPROVED PROGRAM NO LATER THAN OCTOBER
 THIRTY-FIRST, TWO THOUSAND NINETEEN. ON AND AFTER SUCH DATE,  SUCH  LIST
 SHALL  BE MADE AVAILABLE TO THE PUBLIC AND APPLICANTS FOR THE LICENSING,
 CERTIFICATION AND REGISTRATION TO THE PRACTICE OF A PROFESSION.
   4. SUCH LISTS SHALL BE PREPARED ANNUALLY NO LATER THAN  THE  THIRTIETH
 OF  JUNE  THEREAFTER  WITH  ADDITIONS  AND DELETIONS MADE JOINTLY BY THE
 SECRETARY AND THE DIRECTOR AND MADE AVAILABLE TO THE PUBLIC  AND  APPLI-
 CANTS  FOR THE LICENSING, CERTIFICATION AND REGISTRATION TO THE PRACTICE
 OF A PROFESSION ON SUCH DATE.
   5. IN THEIR DETERMINATION PURSUANT TO THIS SECTION OF  WHICH  MILITARY
 PROGRAMS PROVIDE EQUIVALENT EDUCATION AND TRAINING, SO AS TO BE ACCEPTED
 BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN LIEU OF ALL OR
 PART  OF  AN  APPROVED  PROGRAM,  THE  SECRETARY  AND THE DIRECTOR SHALL
 CONSIDER THE STANDARDS OF THE AMERICAN COUNCIL ON EDUCATION.
   § 20-B. APPLICATION FOR LICENSING, CERTIFICATION  OR  REGISTRATION  TO
 PRACTICE  A PROFESSION BY A VETERAN OR A SPOUSE OF A VETERAN. THE SECRE-
 TARY OF STATE SHALL PROVIDE FOR AN EXPEDITED APPLICATION FOR  LICENSING,
 CERTIFICATION  OR  REGISTRATION  TO  THE  PRACTICE  OF A PROFESSION BY A
 VETERAN OR A SPOUSE OF A VETERAN. SUCH APPLICATION SHALL  BE  DETERMINED
 BY  THE  SECRETARY  WITHIN  THIRTY DAYS OF THE FILING OF THE APPLICATION
 WITH THE SECRETARY BY THE VETERAN OR SPOUSE OF A VETERAN. IN MAKING  THE
 DETERMINATION  FOR  THE VETERAN, THE SECRETARY SHALL, IN ADDITION TO THE

 S. 3631                             3
 
 EDUCATION AND TRAINING OF THE  VETERAN,  ALSO  CONSIDER  THE  EQUIVALENT
 EDUCATION  AND TRAINING OF THE VETERAN, IN ACCORDANCE WITH SECTION TWEN-
 TY-A OF THIS ARTICLE. IN MAKING  THE  DETERMINATION  FOR  THE  VETERAN'S
 SPOUSE,  THE  SECRETARY SHALL CONSIDER THE EDUCATION AND TRAINING OF THE
 VETERAN'S SPOUSE, TOGETHER WITH ANY EQUIVALENT EDUCATION, TRAINING, PAST
 LICENSING, CERTIFICATION OR REGISTRATION OR PAST PRACTICE OF SUCH SPOUSE
 OF SUCH PROFESSION IN ANOTHER JURISDICTION, TOGETHER WITH THE  STANDARDS
 OF  THE  AMERICAN COUNCIL ON EDUCATION. IF THE SECRETARY DETERMINES THAT
 THE EDUCATION AND TRAINING OF  THE  VETERAN  OR  THE  VETERAN'S  SPOUSE,
 AND/OR THEIR PAST LICENSING, CERTIFICATION OR REGISTRATION OR PAST PRAC-
 TICE  IN ANOTHER JURISDICTION, IS ESSENTIALLY EQUIVALENT TO THE REQUIRE-
 MENTS NECESSARY FOR LICENSING, CERTIFICATION OR REGISTRATION TO PRACTICE
 THE PROFESSION IN THE STATE, THEN THE SECRETARY SHALL GRANT SUCH VETERAN
 OR VETERAN'S SPOUSE LICENSING, CERTIFICATION OR REGISTRATION TO PRACTICE
 SUCH PROFESSION.
   § 2. The education law is amended by adding a  new  section  669-h  to
 read as follows:
   §  669-H. COURSE CREDIT FOR VETERANS. 1. FOR PURPOSES OF THIS SECTION,
 THE TERM "VETERAN" SHALL MEAN A LEGAL RESIDENT OF THIS STATE, WHO SERVED
 ON ACTIVE DUTY IN THE UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE,
 COAST GUARD OR THE RESERVES COMPONENT, OR WHO SERVED IN ACTIVE  MILITARY
 SERVICE OF THE UNITED STATES AS A MEMBER OF THE ARMY NATIONAL GUARD, AIR
 NATIONAL  GUARD,  NEW  YORK GUARD OR NEW YORK NAVAL MILITIA, AND WHO HAS
 BEEN RELEASED FROM SUCH SERVICE BY HONORABLE OR  GENERAL  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 AND APPROVAL OF  THE  CHANCEL-
 LOR,  OR  HIS OR HER DESIGNEE, BE GRANTED UP TO SIX ACADEMIC CREDITS PER
 SEMESTER BASED UPON SUCH VETERAN'S MILITARY TRAINING OR SERVICE IN SIMI-
 LAR OR EQUIVALENT SUBJECT MATTER. IN DETERMINING THE  APPROVAL  OF  SUCH
 VETERAN'S  APPLICATION,  THE  CHANCELLOR,  OR HIS OR HER DESIGNEE, SHALL
 CONSIDER THE STANDARDS OF THE AMERICAN COUNCIL  ON  EDUCATION.  NO  FEE,
 TUITION  OR  OTHER  CHARGE SHALL BE ASSESSED FOR SUCH QUALIFYING CREDITS
 UNDER THIS SECTION.
   3. THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK  MAY  PROMULGATE
 RULES AND REGULATIONS AS ARE NECESSARY TO FULLY IMPLEMENT THE PROVISIONS
 OF THIS SECTION.
   §  3.  Section 6505-c of the education law, as added by chapter 106 of
 the laws of 2003, is amended to read as follows:
   § 6505-c. Articulation  between  military  and  civilian  professional
 careers. 1. The commissioner shall develop, jointly with the director of
 the  division of veterans' affairs, a program to facilitate articulation
 between participation in the military service of the  United  States  or
 the military service of the state and admission to practice of a profes-
 sion. The commissioner and the director shall identify, review and eval-
 uate  professional training programs offered through either the military
 service of the United States or the military service of the state  which
 may,  where  applicable,  be  accepted  by  the department as equivalent
 education and training in lieu of all or part of  an  approved  program.
 Particular  emphasis  shall  be placed on the identification of military
 programs which have previously been deemed acceptable by the  department
 as  equivalent education and training, programs which may provide, where
 applicable, equivalent education  and  training  for  those  professions
 which  are  critical  to public health and safety and programs which may
 provide, where applicable, equivalent education and training  for  those

 S. 3631                             4
 
 professions  for  which  shortages  exist  in the state of New York, AND
 PROGRAMS WHICH MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT  EDUCATION  AND
 TRAINING FOR THOSE PROFESSIONS WHICH WOULD PROMOTE THE ECONOMIC DEVELOP-
 MENT OF BUSINESS AND JOB CREATION IN THE STATE OF NEW YORK.
   2.  The  commissioner  and  the director shall prepare a list of those
 military programs which have previously been deemed  acceptable  by  the
 department  as  equivalent education and training in lieu of all or part
 of an approved program no later than the thirtieth of August, two  thou-
 sand three. On and after such date, such list shall be made available to
 the public and applicants for admission to practice of a profession.
   3.  The  commissioner  and  the director shall prepare a list of those
 military programs which may provide, where applicable, equivalent educa-
 tion and training for those professions which  are  critical  to  public
 health  and safety, programs which may provide, where applicable, equiv-
 alent education and training for those professions for  which  shortages
 exist in the state of New York, PROGRAMS WHICH MAY PROVIDE, WHERE APPLI-
 CABLE,  EQUIVALENT  EDUCATION  AND  TRAINING FOR THOSE PROFESSIONS WHICH
 WOULD PROMOTE THE ECONOMIC DEVELOPMENT OF BUSINESS AND JOB  CREATION  IN
 THE  STATE  OF NEW YORK and any other military programs which may, where
 applicable, be accepted by the department as  equivalent  education  and
 training in lieu of all or part of an approved program no later than the
 thirty-first  of  October,  two  thousand three. On and after such date,
 such list shall be made available  to  the  public  and  applicants  for
 admission to practice of a profession.
   4.  Such  lists shall be prepared annually no later than the thirtieth
 of June thereafter with additions and  deletions  made  jointly  by  the
 commissioner  and  the  director  and  made  available to the public and
 applicants for admission to practice of a profession on such date.
   5. IN THEIR DETERMINATION PURSUANT TO THIS SECTION OF  WHICH  MILITARY
 PROGRAMS PROVIDE EQUIVALENT EDUCATION AND TRAINING, SO AS TO BE ACCEPTED
 BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN LIEU OF ALL OR
 PART  OF  AN  APPROVED  PROGRAM, THE COMMISSIONER AND THE DIRECTOR SHALL
 CONSIDER THE STANDARDS OF THE AMERICAN COUNCIL ON EDUCATION.
   § 4. The education law is amended by adding a new  section  6505-d  to
 read as follows:
   § 6505-D. APPLICATION FOR ADMISSION TO THE PRACTICE OF A PROFESSION BY
 A  VETERAN  OR  A SPOUSE OF A VETERAN. FOR PURPOSES OF THIS SECTION, THE
 TERM "VETERAN" SHALL MEAN A LEGAL RESIDENT OF THIS STATE, WHO SERVED  ON
 ACTIVE  DUTY  IN  THE UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE,
 COAST GUARD OR THE RESERVES COMPONENT, OR WHO SERVED IN ACTIVE  MILITARY
 SERVICE OF THE UNITED STATES AS A MEMBER OF THE ARMY NATIONAL GUARD, AIR
 NATIONAL  GUARD,  NEW  YORK GUARD OR NEW YORK NAVAL MILITIA, AND WHO HAS
 BEEN RELEASED FROM SUCH SERVICE BY HONORABLE OR  GENERAL  DISCHARGE,  OR
 WHO  HAS  BEEN FURLOUGHED TO THE RESERVE. THE COMMISSIONER SHALL PROVIDE
 FOR AN EXPEDITED APPLICATION FOR ADMISSION TO THE PRACTICE OF A  PROFES-
 SION  BY  A  VETERAN OR A SPOUSE OF A VETERAN. SUCH APPLICATION SHALL BE
 DETERMINED BY THE COMMISSIONER WITHIN THIRTY DAYS OF THE FILING  OF  THE
 APPLICATION WITH THE COMMISSIONER BY THE VETERAN OR SPOUSE OF A VETERAN.
 IN  MAKING THE DETERMINATION FOR THE VETERAN, THE COMMISSIONER SHALL, IN
 ADDITION TO THE EDUCATION AND TRAINING OF THE VETERAN, ALSO CONSIDER THE
 EQUIVALENT EDUCATION AND TRAINING OF THE  VETERAN,  IN  ACCORDANCE  WITH
 SECTION  SIXTY-FIVE  HUNDRED  FIVE-C  OF  THIS SUBARTICLE. IN MAKING THE
 DETERMINATION FOR THE VETERAN'S SPOUSE, THE COMMISSIONER SHALL  CONSIDER
 THE  EDUCATION  AND  TRAINING OF THE VETERAN'S SPOUSE, TOGETHER WITH ANY
 EQUIVALENT EDUCATION, TRAINING, PAST ADMISSION OR PAST PRACTICE OF  SUCH
 SPOUSE  OF  SUCH  PROFESSION  IN ANOTHER JURISDICTION, TOGETHER WITH THE

 S. 3631                             5
 
 STANDARDS OF THE AMERICAN COUNCIL  ON  EDUCATION.  IF  THE  COMMISSIONER
 DETERMINES  THAT THE EDUCATION AND TRAINING OF THE VETERAN OR THE VETER-
 AN'S SPOUSE, AND/OR THEIR PAST ADMISSION OR  PAST  PRACTICE  IN  ANOTHER
 JURISDICTION,  IS  ESSENTIALLY  EQUIVALENT TO THE REQUIREMENTS NECESSARY
 FOR ADMISSION TO PRACTICE THE PROFESSION IN NEW  YORK  STATE,  THEN  THE
 COMMISSIONER  SHALL  GRANT SUCH VETERAN OR VETERAN'S SPOUSE ADMISSION TO
 PRACTICE THE PROFESSION IN NEW YORK STATE.
   § 5. 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.
   § 6. Section 398-d of the vehicle and traffic law is amended by adding
 a new subdivision 8 to read as follows:
   8. 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  MECHANIC,  SHALL  BE
 DEEMED  TO  BE  QUALIFIED  TO  PERFORM WORK UPON MOTOR VEHICLES AT MOTOR
 VEHICLE REPAIR SHOPS.
   § 7. 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,
 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.
   § 8. Subdivision 1 of section 236-a of the county law, as  amended  by
 chapter 257 of the laws of 2014, is amended to read as follows:

 S. 3631                             6
 
   1. Notwithstanding the provisions of the general city law or any other
 law  to  the contrary, the counties of Dutchess, Suffolk 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
 electricians.   PROVIDED, THAT  SUCH  COUNTIES  SHALL  PROVIDE  FOR  THE
 LICENSING,  WITHOUT  EXAMINATION,  AS A MASTER ELECTRICIAN OF ANY PERSON
 WHO WAS A MEMBER OF THE UNITED STATES  ARMY,  NAVY,  MARINE  CORPS,  AIR
 FORCE,  COAST  GUARD  OR THE RESERVES COMPONENT, OR WHO SERVED IN ACTIVE
 MILITARY SERVICE OF THE UNITED STATES AS A MEMBER OF THE  ARMY  NATIONAL
 GUARD, AIR NATIONAL GUARD, NEW YORK GUARD OR NEW YORK NAVAL MILITIA, AND
 WHO  HAS  BEEN  RELEASED  FROM  SUCH  SERVICE  BY  HONORABLE  OR GENERAL
 DISCHARGE, OR WHO HAS BEEN FURLOUGHED TO THE RESERVE, AND WHO  BY  MILI-
 TARY  TRAINING  AND  PRACTICE ACQUIRED THE SKILLS OF AN ELECTRICIAN. The
 counties of Dutchess, Suffolk and Westchester shall provide  for  master
 electrician's  duties  and responsibilities in accordance with the local
 law of each such county.
   § 9. Section 45 of the general city law is amended to read as follows:
   § 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 SERVED ON  ACTIVE
 DUTY  IN  THE  UNITED  STATES ARMY, NAVY, MARINE CORPS, AIR FORCE, COAST
 GUARD OR THE RESERVES  COMPONENT,  OR  WHO  SERVED  IN  ACTIVE  MILITARY
 SERVICE OF THE UNITED STATES AS A MEMBER OF THE ARMY NATIONAL GUARD, AIR
 NATIONAL  GUARD,  NEW  YORK GUARD OR NEW YORK NAVAL MILITIA, AND WHO HAS
 BEEN RELEASED FROM SUCH SERVICE BY HONORABLE OR  GENERAL  DISCHARGE,  OR
 WHO HAS BEEN FURLOUGHED TO THE RESERVE, AND WHO BY MILITARY TRAINING AND
 PRACTICE  ACQUIRED THE SKILLS OF A PLUMBER, SHALL BE CERTIFIED AS COMPE-
 TENT WITHOUT EXAMINATION.
   § 10. Subdivision 1 of section 236 of the  county  law,  as  added  by
 chapter 563 of the laws of 1993, is amended to read as follows:
   1. Notwithstanding the provisions of the general city law or any other
 law  to  the contrary, the county of Westchester is hereby authorized to
 establish a Westchester  county  board  of  plumbing  examiners  and  to
 empower  such  board to assume all licensing duties within the county of
 Westchester with respect to the licensure of plumbers.   PROVIDED,  THAT
 SUCH  COUNTY  SHALL PROVIDE FOR THE LICENSING, WITHOUT EXAMINATION, AS A
 LICENSED PLUMBER OF ANY PERSON WHO WAS A MEMBER  OF  THE  UNITED  STATES
 ARMY,  NAVY, MARINE CORPS, AIR FORCE, COAST GUARD OR THE RESERVES COMPO-
 NENT, OR WHO SERVED IN ACTIVE MILITARY SERVICE OF THE UNITED STATES AS A
 MEMBER OF THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD, NEW YORK GUARD OR
 NEW YORK NAVAL MILITIA, AND WHO HAS BEEN RELEASED FROM SUCH  SERVICE  BY
 HONORABLE  OR  GENERAL  DISCHARGE,  OR  WHO  HAS  BEEN FURLOUGHED TO THE
 RESERVE, AND WHO BY MILITARY TRAINING AND PRACTICE ACQUIRED  THE  SKILLS
 OF  A  PLUMBER.  The  county  of Westchester shall provide for plumbers'
 duties and responsibilities in accordance with the  local  law  of  such
 county.
   § 11. This act shall take effect on the first of January next succeed-
 ing  the  date  on  which it shall have become a law, provided, however,

 S. 3631                             7
 
 that section two 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.

2017-S3631A (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: General Business Law
Laws Affected:: Add Art 2-A §§20-a & 20-b, Gen Bus L; add §§669-i & 6505-d, amd §§6505-c, Ed L; amd §§304-a & 398-d, V & T L; amd §3002, Pub Health L; amd §236-a & 236, County L; amd §45, Gen City L
Versions Introduced in 2015-2016 Legislative Session:: S4398

2017-S3631A (ACTIVE) - Summary

Requires colleges and certain professions provide credit or exemptions for comparable military training.

2017-S3631A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3631A

SPONSOR: PHILLIPS
 
TITLE OF BILL:  An act to amend the general business law, in relation
to licensing, certification and registration for veterans and veterans'
spouses; to amend the education law, in relation to course credit for
veterans, articulation between military and civilian professional
careers and application for admission to practice of a profession by a
veteran or a veteran's spouse; to amend the vehicle and traffic law, in
relation to providing motor vehicle inspector certification and mechanic
qualifications; to amend the public health law, in relation to certif-
ication of first responder or emergency medical technician; to amend the
county law, in relation to licensure of master electricians and plum-
bers; and to amend the general city law, in relation to plumber certif-
ication

 
PURPOSE:

To require colleges, vocational institutions and other approved programs
to provide credits or exemptions for comparable military training, and
to provide for articulations by the commissioner of education, the
director of veterans affairs and the secretary of state to allow former

military personal and their spouses to be admitted to practice
professions and receive equivalent licensing, certification and regis-
trations.

 
SUMMARY OF PROVISIONS:

Section One creates a new Article 2-A of the general business law to
provide the same articulation performed for veterans and veterans spous-
es under section 6505-c and 6505-d of the education law, to be performed
by the secretary of state with respect to licensing, certification and
registration under the general business law.

Section two amends the education law by adding a new section 669-h to
provide that every veterans who is enrolled full-time as an undergradu-
ate student in good standing at a SUNY institution, shall upon applica-
tion and approval be granted up to six academic credits per semester
based on the veteran's military training or service in similar or equiv-
alent subject matter.

Section three amends section 6505-c of the education law to expand the
currently required articulation between military and civilian profes-
sional careers to include programs which may provide, where applicable,
equivalent education and training for those professions which would
promote the economic development, job creation or technological advance-
ment of business in the State of New York.  Additionally, this section
provides that in their determination of which military programs provide
equivalent education and training, the commissioner of education and the
director of the division of veterans' affairs shall consider the stand-
ards of the American council on education.

Section four adds a new section 6505-d of the education law to provide
expedited application for admission to the practice of a profession by a
veteran or a spouse of a veteran. Determination on the application shall
be made by the commissioner within thirty day of the filing. In consid-
ering the application of a veteran the commissioner shall consider both
the education and training of the veteran and the equivalent education
and training received by the veteran through military service. In
considering the application of a spouse of a veteran the commissioner
shall consider the education, training, past admission or past practice
of the spouse of a veteran in another jurisdiction together with the
standards of the American Council on Education. If the commissioner
determines that the education and training and/or past admission or past
practice of the veteran or the veteran's spouse is essentially equiv-
alent to the standards for admission to a practice in New York State the
commissioner shall approve such application.

Section five amends section 304-a of the vehicle and traffic law to
provide that any person who served in the armed forces of the United
States, national guard or reserves and acquired skills for certification
as a vehicle inspector through military training and practice in mili-
tary service shall be certified as a motor vehicle inspector.

Section six amends section 398-d of the vehicle and traffic law, to
provide that any person who served in the armed forces of the United
States, national guard or reserves and by military training and practice
acquired the skills of a motor vehicle mechanic through military service
shall be qualified to perform work on motor vehicles at a motor vehicle
repair shop.

Section seven amends subdivision 2 of section 3002 of the public health
law, to provide that any person who was a member of the armed forces of
the United States, National guard or reserves and who by military train-
ing and practice was a medic or corpsman shall be certified, without
examination, by the state council and regional councils as a first
responder or emergency medical technician.

Section eight amends subdivision I of section 236-a of the county law to
state that a county 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 mili-
tary training and practice acquired the skills of an electrician.

Section nine amends section 45 of the general city law to state that a
city shall provide for the certification without examination as a plum-
ber 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 a plumber.

Section ten amends subdivision I of section 236 of the county law to
provide for the licensing, without examination, as a licensed plumber 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 a plumber

Section eleven sets 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, certificate of competency, and/or provide academic credit
toward degree requirements. The Department of Defense provides 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:

(S.49 14-C) - Reported to Finance

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act would take effect on the first of January after it has become a
law

2017-S3631A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3631--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by Sen. PHILLIPS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs -- recommitted to the Committee  on  Veterans,
   Homeland  Security and Military Affairs in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the  general business law, in relation to licensing,
   certification and registration for veterans and veterans' spouses;  to
   amend  the  education  law, in relation to course credit for veterans,
   articulation between military and civilian  professional  careers  and
   application  for admission to practice of a profession by a veteran or
   a veteran's spouse; to amend the vehicle and traffic law, in  relation
   to providing motor vehicle inspector certification and mechanic quali-
   fications;  to  amend  the  public  health law, in relation to certif-
   ication of first responder or emergency medical technician;  to  amend
   the  county  law,  in relation to licensure of master electricians and
   plumbers; and to amend the general city law, in  relation  to  plumber
   certification

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 2-A to read as follows:
                                ARTICLE 2-A
   LICENSING, CERTIFICATION AND REGISTRATION FOR VETERANS AND VETERANS'
                                  SPOUSES
 SECTION 20-A. ARTICULATION BETWEEN MILITARY  AND  CIVILIAN  PROFESSIONAL
                 CAREERS.
         20-B. APPLICATION  FOR  LICENSING, CERTIFICATION OR REGISTRATION
                 TO PRACTICE A PROFESSION BY A VETERAN OR A SPOUSE  OF  A
                 VETERAN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06773-02-8

 S. 3631--A                          2
 
   §  20-A.  ARTICULATION  BETWEEN  MILITARY  AND  CIVILIAN  PROFESSIONAL
 CAREERS. 1. THE SECRETARY OF  STATE  SHALL  DEVELOP,  JOINTLY  WITH  THE
 DIRECTOR  OF  THE DIVISION OF VETERANS' AFFAIRS, A PROGRAM TO FACILITATE
 ARTICULATION BETWEEN PARTICIPATION IN THE ARMED  FORCES  OF  THE  UNITED
 STATES  OR  THE MILITARY SERVICE OF THE STATE AND THE LICENSING, CERTIF-
 ICATION  AND  REGISTRATION  FOR  VETERANS  TO  PRACTICE  ANY  PROFESSION
 LICENSED,  CERTIFIED  OR REGISTERED PURSUANT TO THIS CHAPTER. THE SECRE-
 TARY AND THE DIRECTOR SHALL IDENTIFY, REVIEW AND  EVALUATE  PROFESSIONAL
 TRAINING  PROGRAMS OFFERED THROUGH EITHER THE ARMED FORCES OF THE UNITED
 STATES OR THE MILITARY SERVICE OF THE STATE WHICH MAY, WHERE APPLICABLE,
 BE ACCEPTED BY THE DEPARTMENT AS EQUIVALENT EDUCATION  AND  TRAINING  IN
 LIEU OF ALL OR PART OF AN APPROVED PROGRAM. PARTICULAR EMPHASIS SHALL BE
 PLACED  ON THE IDENTIFICATION OF MILITARY PROGRAMS WHICH HAVE PREVIOUSLY
 BEEN DEEMED ACCEPTABLE BY THE DEPARTMENT OF STATE AS  EQUIVALENT  EDUCA-
 TION  AND TRAINING, PROGRAMS WHICH MAY PROVIDE, WHERE APPLICABLE, EQUIV-
 ALENT EDUCATION AND TRAINING FOR THOSE PROFESSIONS WHICH ARE CRITICAL TO
 PUBLIC HEALTH AND SAFETY AND PROGRAMS WHICH MAY PROVIDE, WHERE  APPLICA-
 BLE,  EQUIVALENT  EDUCATION AND TRAINING FOR THOSE PROFESSIONS FOR WHICH
 SHORTAGES EXIST IN THE STATE  AND  PROGRAMS  WHICH  MAY  PROVIDE,  WHERE
 APPLICABLE,  EQUIVALENT  EDUCATION  AND  TRAINING  FOR THOSE PROFESSIONS
 WHICH WOULD  PROMOTE  THE  ECONOMIC  DEVELOPMENT  OF  BUSINESS  AND  JOB
 CREATION IN THE STATE OF NEW YORK.
   2.  THE SECRETARY AND THE DIRECTOR SHALL PREPARE A LIST OF THOSE MILI-
 TARY PROGRAMS WHICH  HAVE  PREVIOUSLY  BEEN  DEEMED  ACCEPTABLE  BY  THE
 DEPARTMENT  OF STATE AS EQUIVALENT EDUCATION AND TRAINING IN LIEU OF ALL
 OR PART OF AN APPROVED PROGRAM NO LATER THAN JANUARY FIRST, TWO THOUSAND
 NINETEEN. ON AND AFTER SUCH DATE, SUCH LIST SHALL BE MADE  AVAILABLE  TO
 THE PUBLIC AND APPLICANTS FOR ADMISSION TO PRACTICE OF A PROFESSION.
   3.  THE SECRETARY AND THE DIRECTOR SHALL PREPARE A LIST OF THOSE MILI-
 TARY PROGRAMS WHICH MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT  EDUCATION
 AND  TRAINING  FOR THOSE PROFESSIONS WHICH ARE CRITICAL TO PUBLIC HEALTH
 AND SAFETY, PROGRAMS WHICH MAY  PROVIDE,  WHERE  APPLICABLE,  EQUIVALENT
 EDUCATION  AND  TRAINING FOR THOSE PROFESSIONS FOR WHICH SHORTAGES EXIST
 IN THE STATE, PROGRAMS WHICH MAY PROVIDE, WHERE  APPLICABLE,  EQUIVALENT
 EDUCATION  AND  TRAINING  FOR  THOSE PROFESSIONS WHICH WOULD PROMOTE THE
 ECONOMIC DEVELOPMENT OF BUSINESS AND JOB CREATION IN THE  STATE  OF  NEW
 YORK  AND  ANY  OTHER  MILITARY PROGRAMS WHICH MAY, WHERE APPLICABLE, BE
 ACCEPTED BY THE DEPARTMENT OF STATE AS EQUIVALENT EDUCATION AND TRAINING
 IN LIEU OF ALL OR PART OF AN APPROVED  PROGRAM  NO  LATER  THAN  OCTOBER
 THIRTY-FIRST,  TWO  THOUSAND  TWENTY.  ON AND AFTER SUCH DATE, SUCH LIST
 SHALL BE MADE AVAILABLE TO THE PUBLIC AND APPLICANTS FOR THE  LICENSING,
 CERTIFICATION AND REGISTRATION TO THE PRACTICE OF A PROFESSION.
   4.  SUCH  LISTS SHALL BE PREPARED ANNUALLY NO LATER THAN THE THIRTIETH
 OF JUNE THEREAFTER WITH ADDITIONS AND  DELETIONS  MADE  JOINTLY  BY  THE
 SECRETARY  AND  THE DIRECTOR AND MADE AVAILABLE TO THE PUBLIC AND APPLI-
 CANTS FOR THE LICENSING, CERTIFICATION AND REGISTRATION TO THE  PRACTICE
 OF A PROFESSION ON SUCH DATE.
   5.  IN  THEIR DETERMINATION PURSUANT TO THIS SECTION OF WHICH MILITARY
 PROGRAMS PROVIDE EQUIVALENT EDUCATION AND TRAINING, SO AS TO BE ACCEPTED
 BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN LIEU OF ALL OR
 PART OF AN APPROVED  PROGRAM,  THE  SECRETARY  AND  THE  DIRECTOR  SHALL
 CONSIDER THE STANDARDS OF THE AMERICAN COUNCIL ON EDUCATION.
   §  20-B.  APPLICATION  FOR LICENSING, CERTIFICATION OR REGISTRATION TO
 PRACTICE A PROFESSION BY A VETERAN OR A SPOUSE OF A VETERAN. THE  SECRE-
 TARY  OF STATE SHALL PROVIDE FOR AN EXPEDITED APPLICATION FOR LICENSING,
 CERTIFICATION OR REGISTRATION TO THE  PRACTICE  OF  A  PROFESSION  BY  A

 S. 3631--A                          3
 
 VETERAN  OR  A SPOUSE OF A VETERAN. SUCH APPLICATION SHALL BE DETERMINED
 BY THE SECRETARY WITHIN THIRTY DAYS OF THE  FILING  OF  THE  APPLICATION
 WITH  THE SECRETARY BY THE VETERAN OR SPOUSE OF A VETERAN. IN MAKING THE
 DETERMINATION  FOR  THE VETERAN, THE SECRETARY SHALL, IN ADDITION TO THE
 EDUCATION AND TRAINING OF THE  VETERAN,  ALSO  CONSIDER  THE  EQUIVALENT
 EDUCATION  AND TRAINING OF THE VETERAN, IN ACCORDANCE WITH SECTION TWEN-
 TY-A OF THIS ARTICLE. IN MAKING  THE  DETERMINATION  FOR  THE  VETERAN'S
 SPOUSE,  THE  SECRETARY SHALL CONSIDER THE EDUCATION AND TRAINING OF THE
 VETERAN'S SPOUSE, TOGETHER WITH ANY EQUIVALENT EDUCATION, TRAINING, PAST
 LICENSING, CERTIFICATION OR REGISTRATION OR PAST PRACTICE OF SUCH SPOUSE
 OF SUCH PROFESSION IN ANOTHER JURISDICTION, TOGETHER WITH THE  STANDARDS
 OF  THE  AMERICAN COUNCIL ON EDUCATION. IF THE SECRETARY DETERMINES THAT
 THE EDUCATION AND TRAINING OF  THE  VETERAN  OR  THE  VETERAN'S  SPOUSE,
 AND/OR THEIR PAST LICENSING, CERTIFICATION OR REGISTRATION OR PAST PRAC-
 TICE  IN ANOTHER JURISDICTION, IS ESSENTIALLY EQUIVALENT TO THE REQUIRE-
 MENTS NECESSARY FOR LICENSING, CERTIFICATION OR REGISTRATION TO PRACTICE
 THE PROFESSION IN THE STATE, THEN THE SECRETARY SHALL GRANT SUCH VETERAN
 OR VETERAN'S SPOUSE LICENSING, CERTIFICATION OR REGISTRATION TO PRACTICE
 SUCH PROFESSION.
   § 2. The education law is amended by adding a  new  section  669-i  to
 read as follows:
   §  669-I. COURSE CREDIT FOR VETERANS. 1. FOR PURPOSES OF THIS SECTION,
 THE TERM "VETERAN" SHALL MEAN A LEGAL RESIDENT OF THIS STATE, WHO SERVED
 ON ACTIVE DUTY IN THE UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE,
 COAST GUARD OR THE RESERVES COMPONENT, OR WHO SERVED IN ACTIVE  MILITARY
 SERVICE OF THE UNITED STATES AS A MEMBER OF THE ARMY NATIONAL GUARD, AIR
 NATIONAL  GUARD,  NEW  YORK GUARD OR NEW YORK NAVAL MILITIA, AND WHO HAS
 BEEN RELEASED FROM SUCH SERVICE BY HONORABLE OR  GENERAL  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 AND APPROVAL OF  THE  CHANCEL-
 LOR,  OR  HIS OR HER DESIGNEE, BE GRANTED UP TO SIX ACADEMIC CREDITS PER
 SEMESTER BASED UPON SUCH VETERAN'S MILITARY TRAINING OR SERVICE IN SIMI-
 LAR OR EQUIVALENT SUBJECT MATTER. IN DETERMINING THE  APPROVAL  OF  SUCH
 VETERAN'S  APPLICATION,  THE  CHANCELLOR,  OR HIS OR HER DESIGNEE, SHALL
 CONSIDER THE STANDARDS OF THE AMERICAN COUNCIL  ON  EDUCATION.  NO  FEE,
 TUITION  OR  OTHER  CHARGE SHALL BE ASSESSED FOR SUCH QUALIFYING CREDITS
 UNDER THIS SECTION.
   3. THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK  MAY  PROMULGATE
 RULES AND REGULATIONS AS ARE NECESSARY TO FULLY IMPLEMENT THE PROVISIONS
 OF THIS SECTION.
   §  3.  Section 6505-c of the education law, as added by chapter 106 of
 the laws of 2003, is amended to read as follows:
   § 6505-c. Articulation  between  military  and  civilian  professional
 careers. 1. The commissioner shall develop, jointly with the director of
 the  division of veterans' affairs, a program to facilitate articulation
 between participation in the military service of the  United  States  or
 the military service of the state and admission to practice of a profes-
 sion. The commissioner and the director shall identify, review and eval-
 uate  professional training programs offered through either the military
 service of the United States or the military service of the state  which
 may,  where  applicable,  be  accepted  by  the department as equivalent
 education and training in lieu of all or part of  an  approved  program.
 Particular  emphasis  shall  be placed on the identification of military
 programs which have previously been deemed acceptable by the  department

 S. 3631--A                          4
 
 as  equivalent education and training, programs which may provide, where
 applicable, equivalent education  and  training  for  those  professions
 which  are  critical  to public health and safety and programs which may
 provide,  where  applicable, equivalent education and training for those
 professions for which shortages exist in the  state  of  New  York,  AND
 PROGRAMS  WHICH  MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT EDUCATION AND
 TRAINING FOR THOSE PROFESSIONS WHICH WOULD PROMOTE THE ECONOMIC DEVELOP-
 MENT OF BUSINESS AND JOB CREATION IN THE STATE OF NEW YORK.
   2. The commissioner and the director shall prepare  a  list  of  those
 military  programs  which  have previously been deemed acceptable by the
 department as equivalent education and training in lieu of all  or  part
 of  an approved program no later than the thirtieth of August, two thou-
 sand three. On and after such date, such list shall be made available to
 the public and applicants for admission to practice of a profession.
   3. The commissioner and the director shall prepare  a  list  of  those
 military programs which may provide, where applicable, equivalent educa-
 tion  and  training  for  those professions which are critical to public
 health and safety, programs which may provide, where applicable,  equiv-
 alent  education  and training for those professions for which shortages
 exist in the state of New York, PROGRAMS WHICH MAY PROVIDE, WHERE APPLI-
 CABLE, EQUIVALENT EDUCATION AND TRAINING  FOR  THOSE  PROFESSIONS  WHICH
 WOULD  PROMOTE  THE ECONOMIC DEVELOPMENT OF BUSINESS AND JOB CREATION IN
 THE STATE OF NEW YORK and any other military programs which  may,  where
 applicable,  be  accepted  by the department as equivalent education and
 training in lieu of all or part of an approved program no later than the
 thirty-first of October, two thousand three. On  and  after  such  date,
 such  list  shall  be  made  available  to the public and applicants for
 admission to practice of a profession.
   4. Such lists shall be prepared annually no later than  the  thirtieth
 of  June  thereafter  with  additions  and deletions made jointly by the
 commissioner and the director and  made  available  to  the  public  and
 applicants for admission to practice of a profession on such date.
   5.  IN  THEIR DETERMINATION PURSUANT TO THIS SECTION OF WHICH MILITARY
 PROGRAMS PROVIDE EQUIVALENT EDUCATION AND TRAINING, SO AS TO BE ACCEPTED
 BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN LIEU OF ALL OR
 PART OF AN APPROVED PROGRAM, THE COMMISSIONER  AND  THE  DIRECTOR  SHALL
 CONSIDER THE STANDARDS OF THE AMERICAN COUNCIL ON EDUCATION.
   §  4.  The  education law is amended by adding a new section 6505-d to
 read as follows:
   § 6505-D. APPLICATION FOR ADMISSION TO THE PRACTICE OF A PROFESSION BY
 A VETERAN OR A SPOUSE OF A VETERAN. FOR PURPOSES OF  THIS  SECTION,  THE
 TERM  "VETERAN" SHALL MEAN A LEGAL RESIDENT OF THIS STATE, WHO SERVED ON
 ACTIVE DUTY IN THE UNITED STATES ARMY, NAVY, MARINE  CORPS,  AIR  FORCE,
 COAST  GUARD OR THE RESERVES COMPONENT, OR WHO SERVED IN ACTIVE MILITARY
 SERVICE OF THE UNITED STATES AS A MEMBER OF THE ARMY NATIONAL GUARD, AIR
 NATIONAL GUARD, NEW YORK GUARD OR NEW YORK NAVAL MILITIA,  AND  WHO  HAS
 BEEN  RELEASED  FROM  SUCH SERVICE BY HONORABLE OR GENERAL DISCHARGE, OR
 WHO HAS BEEN FURLOUGHED TO THE RESERVE. THE COMMISSIONER  SHALL  PROVIDE
 FOR  AN EXPEDITED APPLICATION FOR ADMISSION TO THE PRACTICE OF A PROFES-
 SION BY A VETERAN OR A SPOUSE OF A VETERAN. SUCH  APPLICATION  SHALL  BE
 DETERMINED  BY  THE COMMISSIONER WITHIN THIRTY DAYS OF THE FILING OF THE
 APPLICATION WITH THE COMMISSIONER BY THE VETERAN OR SPOUSE OF A VETERAN.
 IN MAKING THE DETERMINATION FOR THE VETERAN, THE COMMISSIONER SHALL,  IN
 ADDITION TO THE EDUCATION AND TRAINING OF THE VETERAN, ALSO CONSIDER THE
 EQUIVALENT  EDUCATION  AND  TRAINING  OF THE VETERAN, IN ACCORDANCE WITH
 SECTION SIXTY-FIVE HUNDRED FIVE-C OF  THIS  SUBARTICLE.  IN  MAKING  THE

 S. 3631--A                          5
 
 DETERMINATION  FOR THE VETERAN'S SPOUSE, THE COMMISSIONER SHALL CONSIDER
 THE EDUCATION AND TRAINING OF THE VETERAN'S SPOUSE,  TOGETHER  WITH  ANY
 EQUIVALENT  EDUCATION, TRAINING, PAST ADMISSION OR PAST PRACTICE OF SUCH
 SPOUSE  OF  SUCH  PROFESSION  IN ANOTHER JURISDICTION, TOGETHER WITH THE
 STANDARDS OF THE AMERICAN COUNCIL  ON  EDUCATION.  IF  THE  COMMISSIONER
 DETERMINES  THAT THE EDUCATION AND TRAINING OF THE VETERAN OR THE VETER-
 AN'S SPOUSE, AND/OR THEIR PAST ADMISSION OR  PAST  PRACTICE  IN  ANOTHER
 JURISDICTION,  IS  ESSENTIALLY  EQUIVALENT TO THE REQUIREMENTS NECESSARY
 FOR ADMISSION TO PRACTICE THE PROFESSION IN NEW  YORK  STATE,  THEN  THE
 COMMISSIONER  SHALL  GRANT SUCH VETERAN OR VETERAN'S SPOUSE ADMISSION TO
 PRACTICE THE PROFESSION IN NEW YORK STATE.
   § 5. 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.
   § 6. Section 398-d of the vehicle and traffic law is amended by adding
 a new subdivision 8 to read as follows:
   8. 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  MECHANIC,  SHALL  BE
 DEEMED  TO  BE  QUALIFIED  TO  PERFORM WORK UPON MOTOR VEHICLES AT MOTOR
 VEHICLE REPAIR SHOPS.
   § 7. 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,
 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

 S. 3631--A                          6
 
 region  of  the  state  in  which a regional council has not been estab-
 lished.
   §  8.  Subdivision 1 of section 236-a of the county law, as amended by
 chapter 257 of the laws of 2014, 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, Suffolk  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
 electricians.   PROVIDED, THAT  SUCH  COUNTIES  SHALL  PROVIDE  FOR  THE
 LICENSING,  WITHOUT  EXAMINATION,  AS A MASTER ELECTRICIAN OF ANY PERSON
 WHO WAS A MEMBER OF THE UNITED STATES  ARMY,  NAVY,  MARINE  CORPS,  AIR
 FORCE,  COAST  GUARD  OR THE RESERVES COMPONENT, OR WHO SERVED IN ACTIVE
 MILITARY SERVICE OF THE UNITED STATES AS A MEMBER OF THE  ARMY  NATIONAL
 GUARD, AIR NATIONAL GUARD, NEW YORK GUARD OR NEW YORK NAVAL MILITIA, AND
 WHO  HAS  BEEN  RELEASED  FROM  SUCH  SERVICE  BY  HONORABLE  OR GENERAL
 DISCHARGE, OR WHO HAS BEEN FURLOUGHED TO THE RESERVE, AND WHO  BY  MILI-
 TARY  TRAINING  AND  PRACTICE ACQUIRED THE SKILLS OF AN ELECTRICIAN. The
 counties of Dutchess, Suffolk and Westchester shall provide  for  master
 electrician's  duties  and responsibilities in accordance with the local
 law of each such county.
   § 9. Section 45 of the general city law is amended to read as follows:
   § 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 SERVED ON  ACTIVE
 DUTY  IN  THE  UNITED  STATES ARMY, NAVY, MARINE CORPS, AIR FORCE, COAST
 GUARD OR THE RESERVES  COMPONENT,  OR  WHO  SERVED  IN  ACTIVE  MILITARY
 SERVICE OF THE UNITED STATES AS A MEMBER OF THE ARMY NATIONAL GUARD, AIR
 NATIONAL  GUARD,  NEW  YORK GUARD OR NEW YORK NAVAL MILITIA, AND WHO HAS
 BEEN RELEASED FROM SUCH SERVICE BY HONORABLE OR  GENERAL  DISCHARGE,  OR
 WHO HAS BEEN FURLOUGHED TO THE RESERVE, AND WHO BY MILITARY TRAINING AND
 PRACTICE  ACQUIRED THE SKILLS OF A PLUMBER, SHALL BE CERTIFIED AS COMPE-
 TENT WITHOUT EXAMINATION.
   § 10. Subdivision 1 of section 236 of the  county  law,  as  added  by
 chapter 563 of the laws of 1993, is amended to read as follows:
   1. Notwithstanding the provisions of the general city law or any other
 law  to  the contrary, the county of Westchester is hereby authorized to
 establish a Westchester  county  board  of  plumbing  examiners  and  to
 empower  such  board to assume all licensing duties within the county of
 Westchester with respect to the licensure of plumbers.   PROVIDED,  THAT
 SUCH  COUNTY  SHALL PROVIDE FOR THE LICENSING, WITHOUT EXAMINATION, AS A
 LICENSED PLUMBER OF ANY PERSON WHO WAS A MEMBER  OF  THE  UNITED  STATES
 ARMY,  NAVY, MARINE CORPS, AIR FORCE, COAST GUARD OR THE RESERVES COMPO-
 NENT, OR WHO SERVED IN ACTIVE MILITARY SERVICE OF THE UNITED STATES AS A
 MEMBER OF THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD, NEW YORK GUARD OR
 NEW YORK NAVAL MILITIA, AND WHO HAS BEEN RELEASED FROM SUCH  SERVICE  BY
 HONORABLE  OR  GENERAL  DISCHARGE,  OR  WHO  HAS  BEEN FURLOUGHED TO THE
 RESERVE, AND WHO BY MILITARY TRAINING AND PRACTICE ACQUIRED  THE  SKILLS
 OF  A  PLUMBER.  The  county  of Westchester shall provide for plumbers'

 S. 3631--A                          7
 
 duties and responsibilities in accordance with the  local  law  of  such
 county.
   § 11. This act shall take effect on the first of January next succeed-
 ing  the  date  on  which it shall have become a law, provided, however,
 that section two 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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Senate Bill S3631A

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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Sponsored By

Elaine Phillips

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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