New York State Assembly

 
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A04394 Summary:

A04394 Actions:

A04394 Committee Votes:

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:05/17/2016AYE/NAY:34/0  Action: Favorable         
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Aye
Fitzpatrick
Aye
Weinstein
Aye
Saladino
Aye
Glick
Aye
Hawley
Aye
Nolan
Aye
Duprey
Aye
Pretlow
Aye
Corwin
Aye
Perry
Aye
Malliotakis
Aye
Colton
Aye
Walter
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Wright
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Markey
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Excused
Ramos
Aye
Braunstein
Aye

A04394 Floor Votes:

A04394 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A4394A
 
SPONSOR: Ortiz

 
TITLE OF BILL:  An act to amend the education law, in relation to
expedited licensing by certain military spouses
 
 
PURPOSE:
 
The purpose of this bill is to provide for the expedited licensing of
military spouses with out-of-state professional licenses in equivalent
occupations.
 
 
SUMMARY OF PROVISIONS:
 
Section 6501 of the education law, as amended by chapter 81 of the laws
of 1995, is amended to provide an expedited review of an application for
a license to any applicant who is the spouse of an active duty member of
the armed forces of the United States, national guard or reserves who is
transferred to this state. The applicant would submit evidence of licen-
sure to practice an equivalent occupation issued by any other state,
territory, protectorate or dependency of the United States.
 
In addition to the expedited review of the application, an applicant who
has a license in good standing from another state shall be granted a
temporary practice permit for a 6 month period, after which time, if
secure direct source verification of equivalency is obtained, the full
license shall be granted to the applicant. An additional 6 month period
may be requested if necessary.
 
The bill provides that the initial licensure fee for applications
submitted by spouses of active duty military personnel will be reduced
by half of the normal fee.
 
*This bill now relates only to professions which are licensed through
the Department of Education. The sections of the bill which amended the
general business, insurance and real estate sections of law are omitted
in this amended version. Chapter 328 of the Laws of 2104 allowed indi-
viduals residing in the household of a military service member to be
licensed in professions which are regulated by the Department of State.
 
 
JUSTIFICATION:
 
Many occupations require a state license, often with state-specific
conditions and processes, which can cause lengthy re-employment delays
for military spouses moving between states. These delays and the expense
of relicensure cause many military spouses to not practice in their
professions. Through collaborative efforts with 27 states, the Depart-
ment of Defense has collected best practices that can reduce the time
required for a military spouse to transfer a current license when enter-
ing a new state. These practices do not impact the standards of the
state, still require military spouses to fully qualify within their
occupations, and can be implemented at little or no cost to the state.
This legislation allows New York State to modify licensing requirements
and processes, which would otherwise impede qualified military spouses
from becoming employed following a military move to a new state.
 
 
LEGISLATIVE HISTORY:
 
2014: A9455 Referred to Higher Education
 
FISCAL IMPLICATIONS:
 
To be determined
 
 
EFFECTIVE DATE:
180 days after enactment

A04394 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4394--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2015
                                       ___________
 
        Introduced  by M. of A. ORTIZ, STEC, BUTLER, TENNEY, LUPINACCI, BLANKEN-
          BUSH, MONTESANO, RA, OAKS, HAWLEY, PAULIN,  WOERNER,  CUSICK,  STIRPE,
          FITZPATRICK,  SKOUFIS,  BLAKE,  GARBARINO, BUCHWALD, RUSSELL -- Multi-
          Sponsored by -- M. of A.  DUPREY, LUPARDO, MAGEE, McDONOUGH, THIELE --
          read once and referred to the Committee on Higher Education --  recom-
          mitted  to the Committee on Higher Education in accordance with Assem-
          bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the education law, in relation to expedited licensing by
          certain military spouses
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 6501 of the education law, as amended by chapter 81
     2  of the laws of 1995, is amended to read as follows:
     3    § 6501. Admission to a profession (licensing).  1. Admission to  prac-
     4  tice  of  a  profession in this state is accomplished by a license being
     5  issued to a qualified applicant by the education department.  To qualify
     6  for a license an applicant shall meet the requirements prescribed in the
     7  article for the particular profession and shall  meet  the  requirements
     8  prescribed in section 3-503 of the general obligations law.
     9    2. a. Notwithstanding any provision of law to the contrary, any appli-
    10  cant  seeking to qualify for a license pursuant to this title who is the
    11  spouse of an active duty member  of  the  armed  forces  of  the  United
    12  States, national guard or reserves as defined in 10 U.S.C. sections 1209
    13  and  1211,  and such spouse is transferred by the military to this state
    14  shall be afforded an expedited review of  his  or  her  application  for
    15  licensure. Such application shall be on a form prescribed by the depart-
    16  ment  and  shall include an attestation by the applicant of the military
    17  status of his or her spouse and any other such supporting  documentation
    18  that  the  department  may require. Upon review of such application, the
    19  department shall issue a license to the applicant if the applicant holds
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03738-02-6
        A. 4394--A                          2
 
     1  a license in good standing in another state and in the  opinion  of  the
     2  department,  the  requirements  for  licensure  of  such other state are
     3  substantially equivalent to  the  requirements  for  licensure  in  this
     4  state.
     5    b.  In addition to the expedited review granted in paragraph a of this
     6  subdivision, an applicant who provides satisfactory  documentation  that
     7  he  or  she  holds  a  license  in good standing from another state, may
     8  request the issuance of a temporary practice permit, which,  if  granted
     9  will  permit  the  applicant to work under the supervision of a New York
    10  state licensee in accordance with regulations of the  commissioner.  The
    11  department  may  grant  such  temporary  practice permit when it appears
    12  based on the application and supporting documentation received that  the
    13  applicant will meet the requirements for licensure in this state because
    14  he  or  she  holds  a  license  in good standing from another state with
    15  significantly comparable licensure requirements to those of this  state,
    16  except  the department has not been able to secure direct source verifi-
    17  cation of the  applicant's  underlying  credentials  (e.g.,  receipt  of
    18  original  transcript,  experience  verification).  Such  permit shall be
    19  valid for six months or until  ten  days  after  notification  that  the
    20  applicant  does not meet the qualifications for licensure. An additional
    21  six months may be granted upon a determination by  the  department  that
    22  the  applicant  is expected to qualify for the full license upon receipt
    23  of the remaining direct source verification documents requested  by  the
    24  department  in  such  time  period  and  that the delay in providing the
    25  necessary documentation  for  full  licensure  was  due  to  extenuating
    26  circumstances which the military spouse could not avoid.
    27    c. A temporary practice permit issued under paragraph b of this subdi-
    28  vision shall be subject to the full disciplinary and regulatory authori-
    29  ty  of  the board of regents and the department, pursuant to this title,
    30  as if such authorization were a professional license issued  under  this
    31  article.
    32    d.  The  department shall reduce the initial licensure application fee
    33  by one-half for any application submitted by  a  military  spouse  under
    34  this subdivision.
    35    § 2. This act shall take effect on the one hundred eightieth day after
    36  it shall have become a law.