Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 116
Renewal of licenses of members of armed forces
Defense Emergency Act 1951 784/51 (DEA) CHAPTER 784-51, ARTICLE 9
§ 116. Renewal of licenses of members of armed forces. 1. As used in
this section the following terms shall mean and include:

a. "Military service." Service as a member of the armed forces of the
United States.

b. "Licensee." The holder of a license.

c. "License." An original certificate or other document first issued
to a licensee entitling him to practice the profession or engage in the
business, work or activity specified therein.

d. "Renewal license." Any renewal or reissuance of a license or any
certificate of annual or periodic registration or re-registration of a
licensee required by or pursuant to law to permit him lawfully to
continue to practice the profession or engage in the business, work or
activity specified in the license.

e. "Expired." Normal expiration, or annulment, suspension or
revocation solely because of failure of a licensee to apply for a
renewal license within the time prescribed therefor.

2. Any person who was in military service on or after June
twenty-fifth, nineteen hundred fifty, or who thereafter shall have
entered military service, and who at the time of entry into such service
is a licensee, may, within three months after the termination of such
military service by honorable discharge or by release from such service
under honorable circumstances, apply for and be entitled to a renewal
license without any examination, re-examination, fine or penalty which
would not have been required or imposed if timely application for such
renewal license had been made. The officer, board or department
empowered by law to issue such renewal license is hereby authorized to
issue the same without examination, re-examination or the exaction of
any fine or penalty. The issuance of such renewal license shall in all
other respects be subject to the provisions of law relating thereto.

3. Notwithstanding any other provision of law, a license to drive,
issued pursuant to the provisions of article nineteen of the vehicle and
traffic law, which would expire prior to either of the dates set forth
in this subdivision, of any person who was in military service on or
after June twenty-fifth, nineteen hundred fifty, or who thereafter shall
have entered military service, shall expire six months from either the
expiration date of this act or the holder's separation from service,
whichever occurs first. Notwithstanding the provisions of this
subdivision, the commissioner of motor vehicles may refuse to renew the
expired driver's license of any person who has failed to notify the
commissioner of his entry into military service.