S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4569
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2023
                                ___________
 
 Introduced by M. of A. MILLER -- read once and referred to the Committee
   on Economic Development
 
 AN ACT to amend the general business law, the insurance law and the real
   property  law,  in relation to licensing of military spouses with out-
   of-state licenses in equivalent occupations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to the "Military Spouse Act of 2023".
   §  2.  The general business law is amended by adding a new article 2-A
 to read as follows:
 
                                ARTICLE 2-A
                         ADMISSION TO A PROFESSION
 
   SECTION 20. ADMISSION TO A  PROFESSION;  LICENSING,  CERTIFICATION  OR
 REGISTRATION.
   § 20. ADMISSION TO A PROFESSION; LICENSING, CERTIFICATION OR REGISTRA-
 TION.  ADMISSION TO PRACTICE OF A PROFESSION GOVERNED BY THIS CHAPTER IN
 THIS STATE IS ACCOMPLISHED, WHERE REQUIRED, BY A LICENSE,  CERTIFICATION
 OR  CERTIFICATE OF REGISTRATION BEING ISSUED TO A QUALIFIED APPLICANT BY
 THE SECRETARY OF STATE. TO  QUALIFY  FOR  A  LICENSE,  CERTIFICATION  OR
 CERTIFICATE  OF  REGISTRATION  AN  APPLICANT SHALL MEET THE REQUIREMENTS
 PRESCRIBED IN THE ARTICLE FOR THE PARTICULAR PROFESSION AND  SHALL  MEET
 THE  REQUIREMENTS PRESCRIBED IN SECTION 3-503 OF THE GENERAL OBLIGATIONS
 LAW; PROVIDED THAT, NOTWITHSTANDING ANY PROVISION  OF  THE  LAW  TO  THE
 CONTRARY, ANY APPLICANT WHO IS THE SPOUSE OF A MEMBER OF THE ARMED FORC-
 ES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT SATISFAC-
 TORY EVIDENCE OF LICENSURE, CERTIFICATION OR REGISTRATION TO PRACTICE AN
 EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY, PROTECTORATE
 OR  DEPENDENCY  OF THE UNITED STATES IN LIEU OF THE SUBMISSIONS REQUIRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04796-01-3
              

 A. 4569                             2
 
 BY THE ARTICLE OF THIS CHAPTER FOR THE PARTICULAR  PROFESSION,  PROVIDED
 THAT  SUCH  LICENSE,  CERTIFICATION  OR  CERTIFICATE OF REGISTRATION WAS
 GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE JUDGMENT OF  THE
 SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
   §  3. Subsection (d) of section 2136 of the insurance law, as added by
 chapter 687 of the laws of 2003, is amended to read as follows:
   (d) (1)  the  applicant's  home  state  awards  nonresident  insurance
 producer  licenses  to  residents  of  this  state  on the same basis as
 provided in this subsection; OR
   (2) THE APPLICANT IS THE SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE
 UNITED STATES, NATIONAL GUARD OR RESERVES.
   § 4. Section 442-g of the real property law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. NO NONRESIDENT APPLICANT WHO IS THE SPOUSE OF  A  MEMBER  OF  THE
 ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD, OR RESERVES REGULARLY
 ENGAGED IN THE REAL ESTATE BUSINESS AS A VOCATION, WHO MAINTAINS A DEFI-
 NITE  PLACE  OF  BUSINESS AND IS LICENSED BY ANY OTHER STATE, TERRITORY,
 PROTECTORATE OR DEPENDENCY OF THE UNITED STATES, SHALL  BE  REQUIRED  TO
 MAINTAIN  A  PLACE  OF  BUSINESS WITHIN THIS STATE. THE COMMISSION SHALL
 RECOGNIZE THE LICENSE ISSUED BY ANOTHER STATE TO AN APPLICANT WHO IS THE
 SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE  UNITED  STATES,  NATIONAL
 GUARD,  OR RESERVES AS QUALIFICATION FOR A LICENSE IN NEW YORK, PROVIDED
 THAT SUCH LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS  WHICH  WERE,
 IN THE JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
   § 5. Section 444-e of the real property law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A.  ANY  APPLICANT  FOR A LICENSE WHO IS A SPOUSE OF A MEMBER OF THE
 ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT
 SATISFACTORY EVIDENCE OF LICENSURE TO PRACTICE AN EQUIVALENT  OCCUPATION
 ISSUED  BY ANY OTHER STATE, TERRITORY, PROTECTORATE OR DEPENDENCY OF THE
 UNITED STATES IN LIEU OF THE EVIDENCE OF EDUCATION, EXPERIENCE AND EXAM-
 INATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT  SUCH
 LICENSE  WAS  GRANTED  IN  COMPLIANCE  WITH STANDARDS WHICH WERE, IN THE
 JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
   § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.