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S01253 Summary:

BILL NOS01253
 
SAME ASSAME AS A03365
 
SPONSORFUNKE
 
COSPNSRAVELLA, LARKIN, MARCHIONE, RITCHIE
 
MLTSPNSR
 
Add 669-h & 6505-d, amd 6505-c, Ed L; add Art 2-A 20-a & 20-b, 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
 
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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S01253 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1253
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     January 6, 2017
                                       ___________
 
        Introduced  by  Sens.  FUNKE, AVELLA, LARKIN, MARCHIONE, RITCHIE -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Veterans, Homeland Security and Military Affairs
 
        AN  ACT  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 general business law, in
          relation to licensing, certification and registration for veterans and
          veteran's spouses; 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 technicians; to  amend
          the  county  law, in relation to licensure of master electricians; 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:
 
     1    Section  1. The education law is amended by adding a new section 669-h
     2  to read as follows:
     3    § 669-h. Course credit for veterans. 1. For purposes of this  section,
     4  the  term  "veteran"  means  a  person, male or female, resident of this
     5  state, who has served in the active military or  naval  service  of  the
     6  United  States  during  a war in which the United States was engaged and
     7  who has been released from such service by any means of an honorable  or
     8  general discharge, or who has been furloughed to the reserve.
     9    2. Every veteran who is enrolled on a full-time basis as an undergrad-
    10  uate  student  in  good  standing,  at  an  institution within the state
    11  university system, shall upon application and approval of  the  chancel-
    12  lor,  or  his or her designee, be granted up to six academic credits per
    13  semester towards his or her degree for completion of courses  that  were
    14  part of such veteran's military training or service.  In determining the
    15  approval  of  such  veteran's application, the chancellor, or his or her
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04158-01-7

        S. 1253                             2
 
     1  designee, shall consider the standards of the American council on educa-
     2  tion. No fee, tuition or other charge shall be assessed against a veter-
     3  an who qualifies for such credit pursuant to this section.
     4    3.  The  chancellor of the state university of New York may promulgate
     5  rules and regulations as are necessary to fully implement the provisions
     6  of this  section.
     7    § 2. Section 6505-c of the education law, as added by chapter  106  of
     8  the laws of 2003, is amended to read as follows:
     9    §  6505-c.  Articulation  between  military  and civilian professional
    10  careers. 1. The commissioner shall develop, jointly with the director of
    11  the division of veterans' affairs, a program to facilitate  articulation
    12  between  participation  in  the military service of the United States or
    13  the military service of the state and admission to practice of a profes-
    14  sion. The commissioner and the director shall identify, review and eval-
    15  uate professional training programs offered through either the  military
    16  service  of the United States or the military service of the state which
    17  may, where applicable, be  accepted  by  the  department  as  equivalent
    18  education  and  training  in lieu of all or part of an approved program.
    19  Particular emphasis shall be placed on the  identification  of  military
    20  programs  which have previously been deemed acceptable by the department
    21  as equivalent education and training, programs which may provide,  where
    22  applicable,  equivalent  education  and  training  for those professions
    23  which are critical to public health and safety and  programs  which  may
    24  provide,  where  applicable, equivalent education and training for those
    25  professions for which shortages exist in the  state  of  New  York,  and
    26  programs  which  may provide, where applicable, equivalent education and
    27  training for those professions which would promote the economic develop-
    28  ment, job creation or technological advancement of business in the state
    29  of New York.
    30    2. The commissioner and the director shall prepare  a  list  of  those
    31  military  programs  which  have previously been deemed acceptable by the
    32  department as equivalent education and training in lieu of all  or  part
    33  of  an approved program no later than the thirtieth of August, two thou-
    34  sand three. On and after such date, such list shall be made available to
    35  the public and applicants for admission to practice of a profession.
    36    3. The commissioner and the director shall prepare  a  list  of  those
    37  military programs which may provide, where applicable, equivalent educa-
    38  tion  and  training  for  those professions which are critical to public
    39  health and safety, programs which may provide, where applicable,  equiv-
    40  alent  education  and training for those professions for which shortages
    41  exist in the state of New York, programs which may provide, where appli-
    42  cable, equivalent education and training  for  those  professions  which
    43  would  promote  the  economic development, job creation or technological
    44  advancement of business in the state of New York and any other  military
    45  programs  which  may, where applicable, be accepted by the department as
    46  equivalent education and training in lieu of all or part of an  approved
    47  program  no  later than the thirty-first of October, two thousand three.
    48  On and after such date, such list shall be made available to the  public
    49  and applicants for admission to practice of a profession.
    50    4.  Such  lists shall be prepared annually no later than the thirtieth
    51  of June thereafter with additions and  deletions  made  jointly  by  the
    52  commissioner  and  the  director  and  made  available to the public and
    53  applicants for admission to practice of a profession on such date.
    54    5. In their determination pursuant to this section of  which  military
    55  programs provide equivalent education and training, so as to be accepted
    56  by the department as equivalent education and training in lieu of all or

        S. 1253                             3
 
     1  part  of  an  approved  program, the commissioner and the director shall
     2  consider the standards of the American council on education.
     3    §  3.  The  education law is amended by adding a new section 6505-d to
     4  read as follows:
     5    § 6505-d. Application for admission to the practice of a profession by
     6  a veteran or a spouse of a veteran. The commissioner shall  provide  for
     7  an  expedited  application for admission to the practice of a profession
     8  by a veteran or a spouse of a veteran. Such application shall be  deter-
     9  mined by the commissioner within thirty days of the filing of the appli-
    10  cation  with  the commissioner by the veteran or spouse of a veteran. In
    11  making the determination for the veteran,  the  commissioner  shall,  in
    12  addition to the education and training of the veteran, also consider the
    13  equivalent  education  and  training  of the veteran, in accordance with
    14  section sixty-five hundred five-c of  this  subarticle.  In  making  the
    15  determination  for the veteran's spouse, the commissioner shall consider
    16  the education and training of the veteran's spouse,  together  with  any
    17  equivalent  education, training, past admission or past practice of such
    18  spouse of such profession in another  jurisdiction,  together  with  the
    19  standards  of  the  American  council  on education. If the commissioner
    20  determines that the education and training of the veteran or the  veter-
    21  an's  spouse,  and/or  their  past admission or past practice in another
    22  jurisdiction, is essentially equivalent to  the  requirements  necessary
    23  for  admission  to  practice  the profession in New York state, then the
    24  commissioner shall grant such veteran or veteran's spouse  admission  to
    25  practice the profession in New York state.
    26    §  4.  The general business law is amended by adding a new article 2-A
    27  to read as follows:
    28                                  ARTICLE 2-A
    29     LICENSING, CERTIFICATION AND REGISTRATION FOR VETERANS AND VETERAN
    30                                   SPOUSES
    31  Section 20-a. Articulation between military  and  civilian  professional
    32                  careers.
    33          20-b. Application  for  licensing, certification or registration
    34                  to practice a profession by a veteran or a spouse  of  a
    35                  veteran.
    36    § 20-a. Articulation   between   military  and  civilian  professional
    37  careers.  1. The secretary of state  shall  develop,  jointly  with  the
    38  director  of  the division of veterans' affairs, a program to facilitate
    39  articulation between participation in the armed  forces  of  the  United
    40  States  or  the military service of the state and the licensing, certif-
    41  ication  and  registration  for  veterans  to  practice  any  profession
    42  licensed,  certified  or registered pursuant to this chapter. The secre-
    43  tary and the director shall identify, review and  evaluate  professional
    44  training  programs offered through either the armed forces of the United
    45  States or the military service of the state which may, where applicable,
    46  be accepted by the department as equivalent education  and  training  in
    47  lieu of all or part of an approved program. Particular emphasis shall be
    48  placed  on the identification of military programs which have previously
    49  been deemed acceptable by the department  as  equivalent  education  and
    50  training,  programs  which  may  provide,  where  applicable, equivalent
    51  education and training for  those  professions  which  are  critical  to
    52  public  health and safety and programs which may provide, where applica-
    53  ble, equivalent education and training for those professions  for  which
    54  shortages  exist  in  the  state  and  programs which may provide, where
    55  applicable, equivalent education  and  training  for  those  professions

        S. 1253                             4
 
     1  which would promote the economic development, job creation or technolog-
     2  ical advancement of business in the state.
     3    2.  The secretary and the director shall prepare a list of those mili-
     4  tary programs which  have  previously  been  deemed  acceptable  by  the
     5  department  as  equivalent education and training in lieu of all or part
     6  of an approved program no later than January first, two thousand  seven-
     7  teen.  On  and after such date, such list shall be made available to the
     8  public and applicants for admission to practice of a profession.
     9    3. The secretary and the director shall prepare a list of those  mili-
    10  tary  programs which may provide, where applicable, equivalent education
    11  and training for those professions which are critical to  public  health
    12  and  safety,  programs  which  may provide, where applicable, equivalent
    13  education and training for those professions for which  shortages  exist
    14  in  the  state, programs which may provide, where applicable, equivalent
    15  education and training for those professions  which  would  promote  the
    16  economic development, job creation or technological advancement of busi-
    17  ness  in  the  state  and  any  other military programs which may, where
    18  applicable, be accepted by the department as  equivalent  education  and
    19  training in lieu of all or part of an approved program no later than the
    20  thirty-first  of October, two thousand eighteen. On and after such date,
    21  such list shall be made available to the public and applicants  for  the
    22  licensing,  certification  and registration to the practice of a profes-
    23  sion.
    24    4. Such lists shall be prepared annually no later than  the  thirtieth
    25  of  June  thereafter  with  additions  and deletions made jointly by the
    26  secretary and the director and made available to the public  and  appli-
    27  cants  for the licensing, certification and registration to the practice
    28  of a profession on such date.
    29    5. In their determination pursuant to this section of  which  military
    30  programs provide equivalent education and training, so as to be accepted
    31  by the department as equivalent education and training in lieu of all or
    32  part  of  an  approved  program,  the  secretary  and the director shall
    33  consider the standards of the American council on education.
    34    § 20-b. Application for licensing, certification  or  registration  to
    35  practice  a profession by a veteran or a spouse of a veteran. The secre-
    36  tary of state shall provide for an expedited application for  licensing,
    37  certification  or  registration  to  the  practice  of a profession by a
    38  veteran or a spouse of a veteran. Such application shall  be  determined
    39  by  the  secretary  within  thirty days of the filing of the application
    40  with the secretary by the veteran or spouse of a veteran. In making  the
    41  determination  for  the veteran, the secretary shall, in addition to the
    42  education and training of the  veteran,  also  consider  the  equivalent
    43  education  and training of the veteran, in accordance with section twen-
    44  ty-a of this article. In making  the  determination  for  the  veteran's
    45  spouse,  the  secretary shall consider the education and training of the
    46  veteran's spouse, together with any equivalent education, training, past
    47  licensing, certification or registration or past practice of such spouse
    48  of such profession in another jurisdiction, together with the  standards
    49  of  the  American council on education. If the secretary determines that
    50  the education and training of  the  veteran  or  the  veteran's  spouse,
    51  and/or their past licensing, certification or registration or past prac-
    52  tice  in another jurisdiction, is essentially equivalent to the require-
    53  ments necessary for licensing, certification or registration to practice
    54  the profession in the state, then the secretary shall grant such veteran
    55  or veteran's spouse licensing, certification or registration to practice
    56  such profession.

        S. 1253                             5
 
     1    § 5. Subdivision (c) of section 304-a of the vehicle and traffic  law,
     2  as  added  by  chapter  61  of  the  laws of 1989, is amended to read as
     3  follows:
     4    (c) The commissioner may, by regulation, establish standards of compe-
     5  tency  and fitness for certification as an inspector; provided, however,
     6  that any person who was a member of  the  armed  forces  of  the  United
     7  States,  national  guard  or  reserves  and who by military training and
     8  practice acquired the skills of  a  motor  vehicle  inspector  shall  be
     9  certified by the commissioner as an inspector.
    10    § 6. Section 398-d of the vehicle and traffic law is amended by adding
    11  a new subdivision 8 to read as follows:
    12    8.  Any  person  who  was  a  member of the armed forces of the United
    13  States, national guard or reserves, and who  by  military  training  and
    14  practice  acquires  the  skills  of  a  motor vehicle mechanic, shall be
    15  deemed to be qualified to perform work  upon  motor  vehicles  at  motor
    16  vehicle repair shops.
    17    §  7.  Subdivision  2  of  section  3002  of the public health law, as
    18  amended by chapter 580 of the laws  of  2007,  is  amended  to  read  as
    19  follows:
    20    2. The state council shall have the power, by an affirmative vote of a
    21  majority  of  those present, subject to approval by the commissioner, to
    22  enact, and from time to time, amend and repeal,  rules  and  regulations
    23  establishing minimum standards for ambulance services, ambulance service
    24  certification,  advanced  life  support  first  response  services,  the
    25  provision of prehospital emergency medical care, public  education,  the
    26  development  of  a  statewide  emergency  medical  services  system, the
    27  provision of ambulance services outside the primary territory  specified
    28  in  the  ambulance  services' certificate and the training, examination,
    29  and certification of certified first responders, emergency medical tech-
    30  nicians, and advanced emergency medical technicians; provided,  however,
    31  that  such minimum standards must be consistent with the staffing stand-
    32  ards established by section three thousand five-a of this article.  Such
    33  training  shall  be  made  available by video or computer to the maximum
    34  extent possible. [Until January first, nineteen hundred ninety-seven, no
    35  minimum standards shall be established for services provided by a volun-
    36  tary ambulance service operating  solely  pursuant  to  a  statement  of
    37  registration  issued  under section three thousand four.] The curriculum
    38  for certified first responder training shall not exceed fifty-one  hours
    39  including  prerequisites.  Notwithstanding  any  other provision of this
    40  article to the contrary, any person who was a member of the armed forces
    41  of the United States, national guard or reserves, and  who  by  military
    42  training and practice was a medic or corpsman, shall be certified, with-
    43  out  examination,  by the state council and regional councils as a first
    44  responder or emergency medical technician. The state council shall  have
    45  the  same  powers  granted  to  regional councils by this article in any
    46  region of the state in which a regional  council  has  not  been  estab-
    47  lished.
    48    §  8.  Subdivision 1 of section 236-a of the county law, as amended by
    49  chapter 257 of the laws of 2014, is amended to read as follows:
    50    1. Notwithstanding the provisions of the general city law or any other
    51  law to the contrary, the counties of Dutchess, Suffolk  and  Westchester
    52  are  each hereby authorized to establish a county board of examiners for
    53  master electricians and to empower such board to  assume  all  licensing
    54  duties  within  each such county with respect to the licensure of master
    55  electricians.   Provided, that  such  counties  shall  provide  for  the
    56  licensing,  without  examination,  as a master electrician of any person

        S. 1253                             6
 
     1  who was a member of the armed forces  of  the  United  States,  national
     2  guard  or  reserves,  and who by military training and practice acquired
     3  the skills of an electrician. The  counties  of  Dutchess,  Suffolk  and
     4  Westchester  shall provide for master electrician's duties and responsi-
     5  bilities in accordance with the local law of each such county.
     6    § 9. Section 45 of the general city law is amended to read as follows:
     7    § 45. Examinations; conducting business without certificate  prohibit-
     8  ed.  A  person  desiring  or intending to conduct the trade, business or
     9  calling of a plumber or of plumbing in a city of this state as employing
    10  or master plumber, shall be required to submit to an examination  before
    11  such examining board of plumbers as to his experience and qualifications
    12  for  such  trade, business or calling, and it shall not be lawful in any
    13  city of this state for a person to conduct such trade, business or call-
    14  ing, unless he shall have first obtained  a  certificate  of  competency
    15  from  such board of the city in which he conducts or proposes to conduct
    16  such business.  Provided, however, that any person who was a  member  of
    17  the  armed  forces of the United States, national guard or reserves, and
    18  who by military training and practice acquired the skills of a  plumber,
    19  shall be certified as competent without examination.
    20    § 10. This act shall take effect on the first of January next succeed-
    21  ing  the  date  on  which it shall have become a law, provided, however,
    22  that section one of this act shall take effect on the first of July next
    23  succeeding the date on which it shall have become a law; provided, that,
    24  effective immediately, any rules and regulations necessary to  implement
    25  the  provisions  of  this  act  on its effective date are authorized and
    26  directed to be amended, added and/or repealed on or before such date.
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