Add Art 4-D §§49 - 49-b, Civ Rts L; amd §89, Pub Off L; amd §5, Tax L; amd §3-503, Gen Ob L; amd Ed L,
generally; amd §§110 & 126, rpld §126 sub 3, ABC L; amd §10, Gen City L; rpld §3421 sub 2 ¶(a), Pub Health L;
amd §41, Gen Bus L; amd §341, Lab L; amd §460, Judy L
Enacts the empire state licensing act to provide all New Yorkers with access to professional, occupational, commercial, or business licenses, permits, certificates, or related registrations regardless of an applicant's citizenship or immigration status, or lack thereof.
STATE OF NEW YORK
________________________________________________________________________
675--A
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. CRUZ, ANDERSON, GALLAGHER, REYES, RAMOS,
SEAWRIGHT, MAMDANI, MITAYNES, PAULIN, EPSTEIN, DE LOS SANTOS, DAVILA,
FORREST, SIMON, WALKER, JACKSON, HYNDMAN, KELLES, SHIMSKY, SOLAGES,
BICHOTTE HERMELYN, KIM, LASHER, ROSENTHAL, SIMONE, HEVESI, STIRPE,
BORES, GONZALEZ-ROJAS -- read once and referred to the Committee on
Governmental Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the civil rights law, the public officers law, the tax
law, the general obligations law, the education law, the alcoholic
beverage control law, the general city law, the general business law,
the labor law and the judiciary law, in relation to enacting the
empire state licensing act; and to repeal certain provisions of the
education law, the alcoholic beverage control law and the public
health law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "empire state licensing act".
3 § 2. The civil rights law is amended by adding a new article 4-D to
4 read as follows:
5 ARTICLE 4-D
6 RIGHTS OF IMMIGRANTS IN LICENSING
7 Section 49. Definitions.
8 49-a. Nondiscrimination based on citizenship or immigration
9 status.
10 49-b. Application; confidentiality.
11 § 49. Definitions. When used in this article, unless the context
12 requires otherwise:
13 1. "License" shall mean any state or local government issued profes-
14 sional, occupational, commercial, or business license, registration,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01691-13-5
A. 675--A 2
1 permit, certificate, or any other state or local government issued
2 permission to operate in New York state.
3 2. "Issuing entity" shall mean any state or local government depart-
4 ment, board, bureau, commission, or other public entity that issues
5 licenses, permits, certificates or any other state or local government
6 issued permission to operate.
7 § 49-a. Nondiscrimination based on citizenship or immigration status.
8 1. Notwithstanding any other provision of law to the contrary, no
9 otherwise qualified applicant for a license or renewal thereof, shall be
10 denied to any individual or entity based on the immigration, citizen-
11 ship, or undocumented status of such applicant.
12 2. Any existing requirement based on United States citizenship or
13 permanent residence shall be deemed null and void for the issuing or
14 renewal of a license, as defined in section forty-nine of this article.
15 3. No issuing entity shall inquire into, request or require proof of
16 an applicant's citizenship, lawful immigration status, country of birth
17 or national origin.
18 4. If an issuing entity does not currently have a policy in place for
19 reviewing and analyzing relevant experience obtained in the United
20 States or abroad, in lieu of formal education, training, or other
21 prerequisites where appropriate, such issuing entity shall create a
22 policy for evaluating experience for substantial equivalency to existing
23 requirements that may waive prerequisites if the applicant demonstrates
24 sufficient competency or prior practice in a relevant field. Provided,
25 however, that such policy shall be available to the public and posted on
26 the entity's website, if any.
27 5. When English-language proficiency is determined to not be neces-
28 sary to issue or maintain a license issued by the department of state,
29 the application process, including any related examination under the
30 department of state, shall be made accessible in an applicant's prima-
31 ry language.
32 § 49-b. Application; confidentiality. 1. Every issuing entity shall
33 create and/or maintain processes for the protection from disclosure of
34 identifying information for any purpose other than those required by
35 law, and to comply with the confidentiality requirements herein.
36 2. The issuing entity shall not retain originals or copies of any
37 documents that may be probative of an applicant's place of birth,
38 including, but not limited to, an applicant's birth certificate, consu-
39 lar identification card, passport, social security card, or individual
40 taxpayer identification number card, for longer than the time needed to
41 review the application. Nothing in this subdivision shall prevent the
42 issuing or registering entity from retaining documents where such docu-
43 ments are required by law to be preserved for the purposes of liti-
44 gation.
45 3. The issuing entity shall not disclose information or documents
46 collected that may be probative of an applicant's place of birth,
47 including, but not limited to, country of passport issuance, birth
48 certificate, consular identification card, passport, social security
49 number or social security card, or individual taxpayer identification
50 number or individual taxpayer identification card unless such disclosure
51 is:
52 (a) authorized in writing by the individual to whom such information
53 pertains, or if such individual is a minor or is otherwise not legally
54 competent, by such individual's parent or legal guardian; or
A. 675--A 3
1 (b) necessary to comply with a lawful court order, judicial warrant
2 signed by a judge appointed pursuant to article III of the United States
3 constitution, or properly-issued subpoena.
4 4. To the extent disclosure of confidential information or documents
5 to another state entity is required pursuant to state law, such informa-
6 tion and/or documents shall be treated as confidential and not further
7 disclosed by the receiving entity, consistent with the requirements of
8 subdivision three of this section.
9 5. All issuing entities, and any other state entity that may subse-
10 quently receive confidential information and/or documents, shall ensure
11 any information and/or documents that are stored electronically, includ-
12 ing but not limited to in databases, shall be compliant with the
13 provisions of subdivision two of this section. Passive electronic
14 access to confidential information and/or documents by external individ-
15 uals or entities, when disclosure is not otherwise permitted pursuant to
16 subdivision two of this section, shall constitute an unlawful disclo-
17 sure.
18 6. Whenever disclosure is permitted pursuant to court order, warrant,
19 or subpoena, the issuing entity shall provide the individual to whom
20 the information and/or documents pertain with a copy of the court
21 order, warrant, or subpoena within three business days of its receipt.
22 Only such information or documents specifically sought pursuant to such
23 court order, warrant, or subpoena shall be disclosed.
24 § 3. Subparagraphs vii and viii of paragraph (b) of subdivision 2 of
25 section 89 of the public officers law, as amended by section 2 of part
26 GGG of chapter 59 of the laws of 2019, are amended to read as follows:
27 vii. disclosure of electronic contact information, such as an e-mail
28 address or a social network username, that has been collected from a
29 taxpayer under section one hundred four of the real property tax law;
30 [or]
31 viii. disclosure of law enforcement arrest or booking photographs of
32 an individual, unless public release of such photographs will serve a
33 specific law enforcement purpose and disclosure is not precluded by any
34 state or federal laws; or
35 ix. disclosure of information obtained through application for any
36 state or local government issued professional, occupational, commercial,
37 or business license, registration, permit, certificate, or any other
38 state or local government issued permission to operate in New York.
39 § 4. Subdivision 2 and subparagraph 3 of paragraph (a) of subdivision
40 3 of section 5 of the tax law, as amended by chapter 170 of the laws of
41 1994, are amended to read as follows:
42 2. Requiring information. Notwithstanding any other provision of law,
43 every covered agency shall, as part of the procedure for granting,
44 renewing, amending, supplementing or restating the license of any person
45 or at the time the covered agency contracts to purchase or purchases
46 goods or services or leases real or personal property from any person,
47 require that each such person provide to the covered agency such
48 person's federal social security account number [or], federal employer
49 identification number, or [both such numbers when such person has both
50 such numbers, or, where such person does not have such number or
51 numbers, the reason or reasons why such person does not have such number
52 or numbers] the federal individual taxpayer identification number. Such
53 numbers [or reasons] shall be obtained by such covered agency as part of
54 the administration of the taxes administered by the commissioner for the
55 purpose of establishing the identification of persons affected by such
56 taxes.
A. 675--A 4
1 (3) federal social security account number [or], federal employer
2 identification number, or [both such numbers where such person has both
3 such numbers, or the reason or reasons, furnished by such person, why
4 such person does not have such number or numbers] the federal individual
5 taxpayer identification number.
6 § 5. Subdivision 2 of section 3-503 of the general obligations law, as
7 amended by chapter 398 of the laws of 1997, is amended to read as
8 follows:
9 2. Every applicant for a license or renewal thereof shall provide [his
10 or her] their social security number or federal individual taxpayer
11 identification number on the application. Additionally, every applicant
12 for a license or renewal thereof shall certify in the application in a
13 written statement under oath, duly sworn and subscribed, that as of the
14 date the application is filed [he or she] such applicant is (or is not)
15 under obligation to pay child support and that if [he or she is] they
16 are under such an obligation, that [he or she] such applicant does (or
17 does not) meet one of the following requirements:
18 a. [he or she] the applicant is not four months or more in arrears in
19 the payment of child support; or
20 b. [he or she] the applicant is making payments by income execution or
21 by court agreed payment or repayment plan or by plan agreed to by the
22 parties; or
23 c. the child support obligation is the subject of a pending court
24 proceeding; or
25 d. [he or she] the applicant is receiving public assistance or supple-
26 mental security income.
27 § 6. Paragraph (f) of subdivision 6 of section 6506 of the education
28 law is REPEALED.
29 § 7. Subdivision 6 of section 6524 of the education law is REPEALED.
30 § 8. Paragraph 1 of subdivision 1 of section 6525 of the education
31 law, as amended by chapter 133 of the laws of 1982, is amended to read
32 as follows:
33 (1) A person who fulfills all requirements for a license as a physi-
34 cian except those relating to the examination [and citizenship or perma-
35 nent residence in the United States];
36 § 9. The opening paragraph of subdivision (a) of section 6528 of the
37 education law, as amended by chapter 122 of the laws of 1975, is amended
38 to read as follows:
39 Notwithstanding any other provisions of this article or any law to the
40 contrary, an individual who at the time of [his] their enrollment in a
41 medical school outside the United States is a resident of the United
42 States shall be eligible for licensure in this state if [he] such indi-
43 vidual has satisfied the requirements of subdivisions one, five, [six,]
44 seven and eight of section sixty-five hundred twenty-four of this [chap-
45 ter] article and:
46 § 10. Subdivision 6 of section 6554 of the education law is REPEALED.
47 § 11. Subdivision 6 of section 6604 of the education law is REPEALED.
48 § 12. Subdivision 7 of section 6604-b of the education law is
49 REPEALED.
50 § 13. Subdivision 6 of section 6609 of the education law is REPEALED.
51 § 14. Subdivision 6 of section 6704 of the education law is REPEALED.
52 § 15. Paragraph 1 of subdivision 1 of section 6707 of the education
53 law, as amended by chapter 133 of the laws of 1982, is amended to read
54 as follows:
A. 675--A 5
1 (1) A person who fulfills all requirements for a license as a veteri-
2 narian except those relating to the examination [and citizenship or
3 permanent residence in the United States];
4 § 16. Subdivision 6 of section 6711 of the education law is REPEALED.
5 § 17. Subdivision 1 of section 6711-a of the education law, as amended
6 by chapter 333 of the laws of 1990, is amended to read as follows:
7 1. Eligibility. Persons shall be eligible for a limited permit who
8 fulfill all requirements for a license as a veterinary technician except
9 those relating to the examination [and citizenship or permanent resi-
10 dence in the United States].
11 § 18. Paragraph 6 of subdivision 1 of section 6805 of the education
12 law is REPEALED.
13 § 19. Subdivision 6 of section 6905 of the education law is REPEALED.
14 § 20. Subdivision 6 of section 6906 of the education law is REPEALED.
15 § 21. Subdivision 6 of section 6955 of the education law is REPEALED.
16 § 22. Section 6956 of the education law, as amended by chapter 216 of
17 the laws of 1994, is amended to read as follows:
18 § 6956. Prior nurse-midwifery certification. Any individual who is
19 certified as a nurse-midwife [pursuant to section twenty-five hundred
20 sixty of the public health law] before June first, nineteen hundred
21 ninety-six, shall be deemed to be licensed as a midwife under this arti-
22 cle; provided that each such certified nurse-midwife shall, prior to
23 that date, submit evidence of such certification to the department
24 together with the appropriate fee required by subdivision seven of
25 section sixty-nine hundred fifty-five of this article. Any individual
26 certified as a nurse-midwife [pursuant to section twenty-five hundred
27 sixty of the public health law] (i) may practice under that section
28 until it is repealed, but (ii) shall not practice pursuant to this arti-
29 cle until after receiving approval from the commissioner and submitting
30 the fee required by subdivision seven of section sixty-nine hundred
31 fifty-five of this article.
32 § 23. Subdivision 6 of section 7004 of the education law is REPEALED.
33 § 24. Subdivision 6 of section 7104 of the education law is REPEALED.
34 § 25. Paragraph 6 of subdivision a of section 7124 of the education
35 law is REPEALED.
36 § 26. Paragraph 6 of subdivision 1 of section 7206 of the education
37 law is REPEALED.
38 § 27. Paragraph 6 of subdivision 1 of section 7206-a of the education
39 law is REPEALED.
40 § 28. Paragraph 6 of subdivision 1 of section 7304 of the education
41 law is REPEALED.
42 § 29. Paragraph 6 of subdivision 1 of section 7324 of the education
43 law is REPEALED.
44 § 30. Paragraph 6 of subdivision 1 of section 7404 of the education
45 law is REPEALED.
46 § 31. Paragraph 6 of subdivision 1 of section 7504 of the education
47 law is REPEALED.
48 § 32. Subdivision 6 of section 7603 of the education law is REPEALED.
49 § 33. Subdivision 5 of section 7804 of the education law is REPEALED.
50 § 34. Subdivision 1 of section 7806 of the education law, as amended
51 by chapter 230 of the laws of 1997, is amended to read as follows:
52 1. The department may issue a limited permit to practice massage ther-
53 apy as a licensed massage therapist, masseur or masseuse to a person who
54 has not previously held such a permit and who fulfills all except the
55 examination [and citizenship] requirements for a license, provided
A. 675--A 6
1 however that a permit shall not be issued to a person who has failed the
2 state licensing examination.
3 § 35. Subdivision 6 of section 7904 of the education law is REPEALED.
4 § 36. Paragraph (f) of subdivision 1 of section 8305 of the education
5 law is REPEALED.
6 § 37. Paragraph (a) of subdivision 1 of section 110 of the alcoholic
7 beverage control law, as amended by chapter 114 of the laws of 2000, is
8 amended to read as follows:
9 (a) A statement of identity as follows:
10 (i) If the applicant is an individual, [his] such applicant's name,
11 date [and place] of birth, [citizenship,] permanent home address, tele-
12 phone number and social security number or individual taxpayer identifi-
13 cation number, as well as any other names by which [he] such applicant
14 has conducted a business at any time.
15 (ii) If the applicant is a corporation, the corporate name of the
16 applicant, its place of incorporation, its main business address (and if
17 such main business address is not within the state, the address of its
18 main place of business within the state), other names by which it has
19 been known or has conducted business at any time, its telephone number,
20 its federal employer identification number, and the names, ages, [citi-
21 zenship,] and permanent home addresses of its directors, officers and
22 its shareholders (except that if there be more than ten shareholders
23 then those shareholders holding ten percent or more of any class of its
24 shares).
25 (iii) If the applicant is a partnership, its name, its main business
26 address (and if such main business address is not within the state, the
27 address of its main place of business within the state), other names by
28 which it has been known or has conducted business at any time, its tele-
29 phone number, its federal employer identification number, and the names,
30 ages, [citizenship,] and permanent home addresses of each of its part-
31 ners.
32 § 38. Subdivision 3 of section 126 of the alcoholic beverage control
33 law is REPEALED.
34 § 39. Subdivision 4 of section 126 of the alcoholic beverage control
35 law, as amended by chapter 669 of the laws of 2022, is amended to read
36 as follows:
37 4. A copartnership or a corporation, unless each member of the part-
38 nership, or each of the principal officers and directors of the corpo-
39 ration, is [a citizen of the United States or a noncitizen lawfully
40 admitted for permanent residence in the United States,] not less than
41 twenty-one years of age[,] and has not been convicted of any felony or
42 any of the misdemeanors, specified in section eleven hundred forty-six
43 of the former penal law as in force and effect immediately prior to
44 September first, nineteen hundred sixty-seven, or of an offense defined
45 in section 230.20 or 230.40 of the penal law, or if so convicted has
46 received, subsequent to such conviction, an executive pardon therefor
47 removing this disability a certificate of good conduct granted by the
48 department of corrections and community supervision, or a certificate of
49 relief from disabilities granted by the department of corrections and
50 community supervision or a court of this state pursuant to the
51 provisions of article twenty-three of the correction law to remove the
52 disability under this section because of such conviction; provided
53 however [that a corporation which otherwise conforms to the requirements
54 of this section and chapter may be licensed if each of its principal
55 officers and more than one-half of its directors are citizens of the
56 United States or noncitizens lawfully admitted for permanent residence
A. 675--A 7
1 in the United States; and provided further] that a corporation organized
2 under the not-for-profit corporation law or the education law which
3 otherwise conforms to the requirements of this section and chapter may
4 be licensed if each of its principal officers and more than one-half of
5 its directors are not less than twenty-one years of age and none of its
6 directors are less than eighteen years of age; and provided further that
7 a corporation organized under the not-for-profit corporation law or the
8 education law and located on the premises of a college as defined by
9 section two of the education law which otherwise conforms to the
10 requirements of this section and chapter may be licensed if each of its
11 principal officers and each of its directors are not less than eighteen
12 years of age.
13 § 40. Section 10 of the general city law, as amended by chapter 669 of
14 the laws of 2022, is amended to read as follows:
15 § 10. Licenses to adult blind persons. The mayor of any city shall
16 have the power to issue a license to any adult blind person for the
17 vending of goods, or newspapers in such places as [he or she] such mayor
18 may set aside for this purpose. The license shall be issued for a term
19 of one year and no charge shall be made for the license. A license shall
20 not be issued to a blind person unless [he or she] such person is a
21 resident for three years in the city in which application for such
22 license is made [and is a citizen of the United States or a noncitizen
23 lawfully admitted for permanent residence in the United States].
24 This license shall be revocable only for cause.
25 § 41. Paragraph (a) of subdivision 2 of section 3421 of the public
26 health law is REPEALED.
27 § 42. Section 41 of the general business law, as amended by chapter
28 669 of the laws of 2022, is amended to read as follows:
29 § 41. Licenses, how obtained; penalty for carrying on business without
30 license. The mayor or such local licensing authority may from time to
31 time grant, under [his or her] their hand and the official seal of [his
32 or her] their office, to such [citizens, or noncitizens lawfully admit-
33 ted for permanent residence in the United States,] people as [he or she]
34 such mayor or local licensing authority shall deem proper and who shall
35 produce to [him] such mayor or local licensing authority satisfactory
36 evidence of their good character, a license authorizing such person to
37 carry on the business of a collateral loan broker, which license shall
38 designate the house in which such person shall carry on said business,
39 and no person, corporation, partnership or firm shall carry on the busi-
40 ness of a collateral loan broker without being duly licensed, nor in any
41 other house than the one designated in said license, under a penalty of
42 one hundred dollars for each day [he or they] such person, corporation,
43 partnership or firm shall exercise or carry on said business without
44 such license or at any other house than the one so designated. Any
45 person receiving such license shall pay therefor the sum of five hundred
46 dollars for the use of the city yearly where such business is to be
47 conducted in a city with a population of more than one million persons,
48 and where the business is to be conducted elsewhere the fee for such
49 license shall not exceed two hundred fifty dollars yearly, and every
50 such license shall expire one year from the date thereof, and may be
51 renewed on application to the mayor or local licensing authority each
52 and every year on payment of the same sum and upon performance of the
53 other conditions herein contained. Every person so licensed shall, at
54 the time of receiving such license, file with the mayor or such local
55 licensing authority granting the same a bond to the local authorities,
56 to be executed by the person so licensed and by two responsible sure-
A. 675--A 8
1 ties, in the penal sum of ten thousand dollars, to be approved by such
2 mayor or local licensing authority, which bond shall be conditioned for
3 the faithful performance of the duties and obligations pertaining to the
4 business so licensed, and the mayor or such local licensing authority
5 shall have full power and authority to revoke such license for cause.
6 § 43. Subdivision 1 of section 341 of the labor law, as amended by
7 chapter 461 of the laws of 2006, is amended to read as follows:
8 1. No manufacturer or contractor shall engage in the apparel industry
9 unless [he or she] such manufacturer or contractor registers with the
10 commissioner, in writing, on a form provided by the commissioner, which
11 shall contain the following information: whether it is a sole proprie-
12 torship, partnership or corporation, its name, address and number of
13 production employees, the name, home address and social security number
14 or individual taxpayer identification number of each owner or partner,
15 or if the registrant is a corporation, no shares of which are listed on
16 a national securities exchange or regularly quoted in an over-the-coun-
17 ter market by one or more members of a national or an affiliated securi-
18 ties association, of each officer and of each of the ten largest share-
19 holders thereof, how long it has been in business, its tax
20 identification number, whether it is a manufacturer or contractor, the
21 name and address of each person with a financial interest in the
22 manufacturer's or contractor's business and the amount of that interest,
23 except that if the manufacturer or contractor is a publicly-traded
24 corporation, only the names and addresses of the corporation officers
25 shall be required, whether it is in contractual relations with a labor
26 organization and, if so, the name and address of such labor organiza-
27 tion, a statement as to whether the registrant or any owner of or part-
28 ner in, or if the registrant is a corporation, no shares of which are
29 listed on a national securities exchange or regularly quoted in an over-
30 the-counter market by one or more members of a national or an affiliated
31 securities association, any officer or any of the ten largest sharehold-
32 ers thereof has, within the last three years, been found by any court or
33 administrative body to have violated this chapter and, if so, the nature
34 and date of such violation and, if the registrant is a contractor,
35 whether that contractor subcontracts the cutting or sewing of apparel or
36 sections or components thereof. Such registration form shall also
37 require that each owner or partner, or if the registrant is a corpo-
38 ration, then each officer, submit photographic proof of identity. Divi-
39 sions, subsidiary corporations or related companies may, at the option
40 of the manufacturer or contractor, be named and included under one omni-
41 bus registration. Such registration shall be filed on or before January
42 fifteenth of each year. The commissioner shall issue a certificate of
43 registration, which shall be effective for a period of twelve months,
44 upon receipt of a completed registration form accompanied by the requi-
45 site photographic proof of identity and documentation that such manufac-
46 turer or contractor has paid any surety bond required pursuant to subdi-
47 vision eight of section three hundred forty-five of this article and
48 that a workers' compensation insurance policy is in effect for the
49 registrant's production employees working in New York state. The initial
50 registration fee shall be two hundred dollars and each subsequent annual
51 renewal registration fee shall be one hundred fifty dollars. With
52 respect to new employers, such registration shall be filed upon the
53 commencement of manufacturing or contracting in the apparel industry and
54 shall be effective until the following January fifteenth. The commis-
55 sioner may pro rate the initial annual registration fee in such
56 instances.
A. 675--A 9
1 § 44. Section 460 of the judiciary law, as amended by chapter 669 of
2 the laws of 2022, is amended to read as follows:
3 § 460. Examination and admission of attorneys. An applicant for admis-
4 sion to practice as an attorney or counsellor in this state, must be
5 examined and licensed to practice as prescribed in this chapter and in
6 the rules of the court of appeals. Race, creed, color, national origin,
7 noncitizen status [or], sex or federal immigration status shall consti-
8 tute no cause for refusing any person examination or admission to prac-
9 tice.
10 § 45. Severability. If any provision of this act, or any application
11 of any provision of this act, is held to be invalid, that shall not
12 affect the validity or effectiveness of any other provision of this act,
13 or of any other application of any provision of this act, which can be
14 given effect without that provision or application; and to that end, the
15 provisions and applications of this act are severable.
16 § 46. This act shall take effect on the one hundred eightieth day
17 after it shall have become a law. Effective immediately, the addition,
18 amendment and/or repeal of any rule or regulation necessary for the
19 implementation of this act on its effective date are authorized to be
20 made and completed on or before such effective date.
