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
________________________________________________________________________
8263
2023-2024 Regular Sessions
IN ASSEMBLY
November 15, 2023
___________
Introduced by M. of A. CRUZ, ANDERSON, GONZALEZ-ROJAS, GALLAGHER, REYES,
RAMOS, SEAWRIGHT, BURGOS, MAMDANI, MITAYNES, PAULIN, EPSTEIN,
DE LOS SANTOS, DAVILA, THIELE, FORREST, SIMON, WALKER, JACKSON, HYND-
MAN, KELLES -- read once and referred to the Committee on Governmental
Operations
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
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 and extension of licenses.
9 49-b. Application; confidentiality.
10 § 49. Definitions. When used in this article, unless the context
11 requires otherwise:
12 1. The term "license" shall include any professional, occupational,
13 commercial, or business license, permit, certificate, or any other
14 substantially similar permission, or related registration.
15 2. The term "issuing or registering entity" shall include any entity
16 that grants licenses, establishes the related qualifications, evaluates
17 the applicants, or performs any other substantially similar function.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10091-01-3
A. 8263 2
1 § 49-a. Nondiscrimination and extension of licenses. 1. Notwithstand-
2 ing any other provision of law, no applicant shall be denied a license
3 on account of the applicant's citizenship or immigration status, or lack
4 thereof.
5 2. Issuing and registering entities shall review license qualifica-
6 tions and application processes to ensure maximum accessibility to immi-
7 grant New Yorkers while maintaining necessary professional, occupa-
8 tional, commercial or business quality. Where a provision of law
9 requires that licenses be granted only to applicants with sufficient
10 work experience, substantially equivalent experience, including but not
11 limited to voluntary internships or externships, research fellowships,
12 experience as a consultant, or experience obtained in another state,
13 district or territory of the United States, or in a foreign country,
14 shall be accepted. When English-language proficiency is not necessary to
15 maintain professional, occupational, commercial, or business quality,
16 the application process, including any related examination, shall be
17 made accessible in an applicant's primary language.
18 § 49-b. Application; confidentiality. 1. Notwithstanding any other
19 provision of law, no issuing or registering entity shall inquire into an
20 applicant's citizenship or immigration status, or lack thereof, nor
21 shall it ask an applicant for proof of such status, or lack thereof.
22 2. Issuing or registering entities shall not inquire regarding infor-
23 mation or documents that may be probative of an applicant's place of
24 birth, including, but not limited to, country of passport issuance,
25 birth certificate, consular identification card, or passport, with the
26 exception of a social security number or social security card, or indi-
27 vidual taxpayer identification number or individual taxpayer identifica-
28 tion card, unless such information or document is necessary to establish
29 age, if relevant, or identity. A New York driver's license or learner's
30 permit, or similar document issued by another state, district, or terri-
31 tory within the United States, shall be sufficient to establish age
32 and/or identity.
33 3. Whenever an applicant for a license is asked to provide a social
34 security number or social security card, an individual taxpayer iden-
35 tification number or individual taxpayer identification card shall be
36 sufficient. No issuing or registering entity shall inquire into the
37 reasons why an applicant does not provide a social security number or
38 social security card, nor shall it ask the applicant for proof of the
39 lack of a social security number or social security card. No other
40 entity that receives information from such issuing or registering enti-
41 ty, including but not limited to the department of taxation and finance,
42 shall inquire of the issuing or registering entity regarding such infor-
43 mation or proof.
44 4. (a) The issuing or registering entity shall not retain originals or
45 copies of any documents that may be probative of an applicant's place of
46 birth, including, but not limited to, an applicant's birth certificate,
47 consular identification card, passport, social security card, or indi-
48 vidual taxpayer identification number card, for longer than the time
49 needed to review the application. Nothing in this paragraph shall
50 prevent the issuing or registering entity from retaining documents where
51 such documents are required by law to be preserved for the purposes of
52 litigation.
53 (b) To the maximum extent allowed by applicable federal and state law,
54 information or documents collected by issuing or registering entities
55 that may be probative of an applicant's place of birth, including, but
56 not limited to, country of passport issuance, birth certificate, consu-
A. 8263 3
1 lar identification card, passport, social security number or social
2 security card, or individual taxpayer identification number or individ-
3 ual taxpayer identification card, shall be treated as confidential and
4 shall not be disclosed unless such disclosure is:
5 (i) Authorized in writing by the individual to whom such information
6 pertains, or if such individual is a minor or is otherwise not legally
7 competent, by such individual's parent or legal guardian; or
8 (ii) Necessary to comply with a lawful court order, judicial warrant
9 signed by a judge appointed pursuant to article three of the United
10 States Constitution, or properly-issued subpoena.
11 (c) To the extent disclosure of confidential information and/or docu-
12 ments to another state entity is required pursuant to state law, such
13 information and/or documents shall be treated as confidential and not
14 further disclosed by the receiving entity, consistent with the require-
15 ments of paragraph (b) of this subdivision.
16 (d) Whenever disclosure is permitted pursuant to court order, warrant,
17 or subpoena, the issuing or registering entity shall provide the indi-
18 vidual to whom the information and/or documents pertain with a copy of
19 the court order, warrant, or subpoena within three business days of its
20 receipt. Only such information or documents specifically sought pursuant
21 to such court order, warrant, or subpoena shall be disclosed.
22 (e) All issuing or registering entities, and any other state entity
23 that may subsequently receive confidential information and/or documents,
24 shall ensure any information and/or documents that are stored electron-
25 ically, including but not limited to in databases, shall be compliant
26 with the provisions of paragraph (b) of this subdivision. Passive elec-
27 tronic access to confidential information and/or documents by external
28 individuals or entities, when disclosure is not otherwise permitted
29 pursuant to paragraph (b) of this subdivision, shall constitute an
30 unlawful disclosure.
31 § 3. Subparagraphs vii and viii of paragraph (b) of subdivision 2 of
32 section 89 of the public officers law, as amended by section 2 of part
33 GGG of chapter 59 of the laws of 2019, are amended to read as follows:
34 vii. disclosure of electronic contact information, such as an e-mail
35 address or a social network username, that has been collected from a
36 taxpayer under section one hundred four of the real property tax law;
37 [or]
38 viii. disclosure of law enforcement arrest or booking photographs of
39 an individual, unless public release of such photographs will serve a
40 specific law enforcement purpose and disclosure is not precluded by any
41 state or federal laws; or
42 ix. disclosure of information obtained through application for a
43 professional, occupational, commercial, or business license, permit,
44 certificate, or any substantially similar permission, or related regis-
45 tration, that might indicate the applicant's citizenship or immigration
46 status.
47 § 4. Subdivision 2 and subparagraph 3 of paragraph (a) of subdivision
48 3 of section 5 of the tax law, as amended by chapter 170 of the laws of
49 1994, are amended to read as follows:
50 2. Requiring information. Notwithstanding any other provision of law,
51 every covered agency shall, as part of the procedure for granting,
52 renewing, amending, supplementing or restating the license of any person
53 or at the time the covered agency contracts to purchase or purchases
54 goods or services or leases real or personal property from any person,
55 require that each such person provide to the covered agency such
56 person's federal social security account number [or], federal employer
A. 8263 4
1 identification number, or [both such numbers when such person has both
2 such numbers, or, where such person does not have such number or
3 numbers, the reason or reasons why such person does not have such number
4 or numbers] the federal individual taxpayer identification number. Such
5 numbers [or reasons] shall be obtained by such covered agency as part of
6 the administration of the taxes administered by the commissioner for the
7 purpose of establishing the identification of persons affected by such
8 taxes.
9 (3) federal social security account number [or], federal employer
10 identification number, or [both such numbers where such person has both
11 such numbers, or the reason or reasons, furnished by such person, why
12 such person does not have such number or numbers] the federal individual
13 taxpayer identification number.
14 § 5. Subdivision 2 of section 3-503 of the general obligations law, as
15 amended by chapter 398 of the laws of 1997, is amended to read as
16 follows:
17 2. Every applicant for a license or renewal thereof shall provide his
18 or her social security number or individual taxpayer identification
19 number on the application. Additionally, every applicant for a license
20 or renewal thereof shall certify in the application in a written state-
21 ment under oath, duly sworn and subscribed, that as of the date the
22 application is filed he or she is (or is not) under obligation to pay
23 child support and that if he or she is under such an obligation, that he
24 or she does (or does not) meet one of the following requirements:
25 a. he or she is not four months or more in arrears in the payment of
26 child support; or
27 b. he or she is making payments by income execution or by court agreed
28 payment or repayment plan or by plan agreed to by the parties; or
29 c. the child support obligation is the subject of a pending court
30 proceeding; or
31 d. he or she is receiving public assistance or supplemental security
32 income.
33 § 6. Paragraph (f) of subdivision 6 of section 6506 of the education
34 law, as amended by chapter 669 of the laws of 2022, is amended to read
35 as follows:
36 (f) Citizenship or immigration status: [be a United States citizen or
37 a noncitizen lawfully admitted for permanent residence in the United
38 States] meet no requirement as to United States citizenship or immi-
39 gration status;
40 § 7. Subdivision 6 of section 6524 of the education law, as amended by
41 chapter 669 of the laws of 2022, is amended to read as follows:
42 (6) Citizenship or immigration status: [be a United States citizen or
43 a noncitizen lawfully admitted for permanent residence in the United
44 States; provided, however that the board of regents may grant a three
45 year waiver for a noncitizen physician to practice in an area which has
46 been designated by the department as medically underserved, except that
47 the board of regents may grant an additional extension not to exceed six
48 years to a noncitizen physician to enable him or her to secure citizen-
49 ship or permanent resident status, provided such status is being active-
50 ly pursued; and provided further that the board of regents may grant an
51 additional three year waiver, and at its expiration, an extension for a
52 period not to exceed six additional years, for the holder of an H-1b
53 visa, an O-1 visa, or an equivalent or successor visa thereto] meet no
54 requirement as to United States citizenship or immigration status;
A. 8263 5
1 § 8. Paragraph 1 of subdivision 1 of section 6525 of the education
2 law, as amended by chapter 133 of the laws of 1982, is amended to read
3 as follows:
4 (1) A person who fulfills all requirements for a license as a physi-
5 cian except those relating to the examination [and citizenship or perma-
6 nent residence in the United States];
7 § 9. Subdivision 6 of section 6554 of the education law, as amended by
8 chapter 669 of the laws of 2022, is amended to read as follows:
9 (6) Citizenship or immigration status: [be a United States citizen or
10 a noncitizen lawfully admitted for permanent residence in the United
11 States] meet no requirement as to United States citizenship or immi-
12 gration status;
13 § 10. Subdivision 6 of section 6604 of the education law, as amended
14 by chapter 669 of the laws of 2022, is amended to read as follows:
15 (6) Citizenship or immigration status: [be a United States citizen or
16 a noncitizen lawfully admitted for permanent residence in the United
17 States; provided, however, that the board of regents may grant a three
18 year waiver for a noncitizen to practice in an area which has been
19 designated a federal dental health professions shortage area, except
20 that the board of regents may grant an additional extension not to
21 exceed six years to a noncitizen to enable him or her to secure citizen-
22 ship or permanent resident status, provided such status is being active-
23 ly pursued] meet no requirement as to United States citizenship or immi-
24 gration status;
25 § 11. Subdivision 7 of section 6604-b of the education law, as amended
26 by chapter 669 of the laws of 2022, is amended to read as follows:
27 7. In order to be eligible for a restricted dental faculty license an
28 applicant must [be a United States citizen or a noncitizen lawfully
29 admitted for permanent residence in the United States; provided, howev-
30 er, that the department may grant a three year waiver for a noncitizen
31 who otherwise meets all other requirements for a restricted dental
32 faculty license except that the department may grant an additional
33 extension not to exceed six years to a noncitizen to enable him or her
34 to secure citizenship or permanent resident status, provided such status
35 is being actively pursued] meet no requirement as to United States citi-
36 zenship or immigration status. No current faculty member shall be
37 displaced by the holder of a restricted dental faculty license.
38 § 12. Subdivision 6 of section 6609 of the education law, as amended
39 by chapter 669 of the laws of 2022, is amended to read as follows:
40 (6) Citizenship or immigration status: [be a United States citizen or
41 a noncitizen lawfully admitted for permanent residence in the United
42 States; provided, however, that the board of regents may grant a three
43 year waiver for a noncitizen to practice in an area which has been
44 designated a federal dental health professions shortage area, except
45 that the board of regents may grant an additional extension not to
46 exceed six years to a noncitizen to enable him or her to secure citizen-
47 ship or permanent resident status, provided such status is being active-
48 ly pursued] meet no requirement as to United States citizenship or immi-
49 gration status;
50 § 13. Subdivision 6 of section 6704 of the education law, as amended
51 by chapter 669 of the laws of 2022, is amended to read as follows:
52 (6) Citizenship or immigration status: [be a United States citizen or
53 a noncitizen lawfully admitted for permanent residence in the United
54 States; provided, however that the board of regents may grant a one-time
55 three-year waiver for a veterinarian who otherwise meets the require-
56 ments of this article and who has accepted an offer to practice veteri-
A. 8263 6
1 nary medicine in a county in the state which the department has certi-
2 fied as having a shortage of qualified applicants to fill existing
3 vacancies in veterinary medicine, and provided further that the board of
4 regents may grant an extension of such three-year waiver of not more
5 than one year] meet no requirement as to United States citizenship or
6 immigration status;
7 § 14. Subdivision 6 of section 6711 of the education law, as amended
8 by chapter 669 of the laws of 2022, is amended to read as follows:
9 6. Citizenship or immigration status: [be a United States citizen or a
10 noncitizen lawfully admitted for permanent residence in the United
11 States; provided, however that the board of regents may grant a one-time
12 three-year waiver for an animal health technician who otherwise meets
13 the requirements of this article and provided further that the board of
14 regents may grant an extension of such three-year waiver of not more
15 than one year] meet no requirement as to United States citizenship or
16 immigration status;
17 § 15. Subdivision 1 of section 6711-a of the education law, as amended
18 by chapter 333 of the laws of 1990, is amended to read as follows:
19 1. Eligibility. Persons shall be eligible for a limited permit who
20 fulfill all requirements for a license as a veterinary technician except
21 those relating to the examination [and citizenship or permanent resi-
22 dence in the United States].
23 § 16. Paragraph 6 of subdivision 1 of section 6805 of the education
24 law, as amended by chapter 669 of the laws of 2022, is amended to read
25 as follows:
26 (6) Citizenship or immigration status: [be a United States citizen or
27 a noncitizen lawfully admitted for permanent residence in the United
28 States] meet no requirement as to United States citizenship or immi-
29 gration status;
30 § 17. Subdivision 6 of section 6905 of the education law, as amended
31 by chapter 994 of the laws of 1971 and as renumbered by chapter 50 of
32 the laws of 1972, is amended to read as follows:
33 (6) Citizenship or immigration status: meet no requirement as to
34 United States citizenship or immigration status;
35 § 18. Subdivision 6 of section 6906 of the education law, as amended
36 by chapter 330 of the laws of 1981, is amended to read as follows:
37 (6) Citizenship or immigration status: meet no requirements as to
38 United States citizenship or immigration status;
39 § 19. Subdivision 6 of section 6955 of the education law, as added by
40 chapter 669 of the laws of 2022, is amended to read as follows:
41 6. Citizenship or immigration status: [be a United States citizen or a
42 noncitizen lawfully admitted for permanent residence in the United
43 States] meet no requirement as to United States citizenship or immi-
44 gration status.
45 § 20. Subdivision 6 of section 7004 of the education law, as added by
46 chapter 987 of the laws of 1971, is amended to read as follows:
47 (6) Citizenship or immigration status: meet no requirements as to
48 United States citizenship or immigration status;
49 § 21. Subdivision 6 of section 7104 of the education law, as added by
50 chapter 987 of the laws of 1971, is amended to read as follows:
51 (6) Citizenship or immigration status: meet no requirement as to
52 United States citizenship or immigration status;
53 § 22. Paragraph 6 of subdivision a of section 7124 of the education
54 law, as amended by chapter 475 of the laws of 1973, is amended to read
55 as follows:
A. 8263 7
1 (6) Citizenship or immigration status: meet no requirement as to
2 United States citizenship or immigration status;
3 § 23. Paragraph 6 of subdivision 1 of section 7206 of the education
4 law, as amended by chapter 669 of the laws of 2022, is amended to read
5 as follows:
6 (6) Citizenship or immigration status: [be a United States citizen or
7 a noncitizen lawfully admitted for permanent residence in the United
8 States] meet no requirement as to United States citizenship or immi-
9 gration status;
10 § 24. Paragraph 6 of subdivision 1 of section 7206-a of the education
11 law, as amended by chapter 669 of the laws of 2022, is amended to read
12 as follows:
13 (6) Citizenship or immigration status: [be a United States citizen or
14 a noncitizen lawfully admitted for permanent residence in the United
15 States] meet no requirement as to United States citizenship or immi-
16 gration status;
17 § 25. Paragraph 6 of subdivision 1 of section 7304 of the education
18 law, as added by chapter 987 of the laws of 1971, is amended to read as
19 follows:
20 (6) Citizenship or immigration status: meet no requirement as to
21 United States citizenship or immigration status;
22 § 26. Paragraph 6 of subdivision 1 of section 7324 of the education
23 law, as amended by chapter 669 of the laws of 2022, is amended to read
24 as follows:
25 (6) Citizenship or immigration status: [be a United States citizen or
26 a noncitizen lawfully admitted for permanent residence in the United
27 States] meet no requirement as to United States citizenship or immi-
28 gration status;
29 § 27. Paragraph 6 of subdivision 1 of section 7404 of the education
30 law, as added by chapter 987 of the laws of 1971, is amended to read as
31 follows:
32 (6) Citizenship or immigration status: meet no requirements as to
33 United States citizenship or immigration status;
34 § 28. Paragraph 6 of subdivision 1 of section 7504 of the education
35 law, as amended by chapter 669 of the laws of 2022, is amended to read
36 as follows:
37 (6) Citizenship or immigration status: [be a United States citizen or
38 a noncitizen lawfully admitted for permanent residence in the United
39 States] meet no requirement as to United States citizenship or immi-
40 gration status;
41 § 29. Subdivision 6 of section 7603 of the education law, as added by
42 chapter 987 of the laws of 1971, is amended to read as follows:
43 (6) Citizenship or immigration status: meet no requirement as to
44 United States citizenship or immigration status;
45 § 30. Subdivision 5 of section 7804 of the education law, as amended
46 by chapter 669 of the laws of 2022, is amended to read as follows:
47 (5) Citizenship or immigration status: [be a United States citizen or
48 a noncitizen lawfully admitted for permanent residence in the United
49 States] meet no requirement as to United States citizenship or immi-
50 gration status;
51 § 31. Subdivision 1 of section 7806 of the education law, as amended
52 by chapter 230 of the laws of 1997, is amended to read as follows:
53 1. The department may issue a limited permit to practice massage ther-
54 apy as a licensed massage therapist, masseur or masseuse to a person who
55 has not previously held such a permit and who fulfills all except the
56 examination [and citizenship requirements] requirement for a license,
A. 8263 8
1 provided however that a permit shall not be issued to a person who has
2 failed the state licensing examination.
3 § 32. Subdivision 6 of section 7904 of the education law, as amended
4 by chapter 460 of the laws of 2011, is amended to read as follows:
5 (6) Meet no requirements as to United States citizenship or immi-
6 gration status.
7 § 33. Paragraph (f) of subdivision 1 of section 8305 of the education
8 law, as added by chapter 905 of the laws of 1990, is amended to read as
9 follows:
10 (f) Citizenship or immigration status: meet no requirements as to
11 United States citizenship or immigration status;
12 § 34. Paragraph (a) of subdivision 1 of section 110 of the alcoholic
13 beverage control law, as amended by chapter 114 of the laws of 2000, is
14 amended to read as follows:
15 (a) A statement of identity as follows:
16 (i) If the applicant is an individual, his name, date [and place] of
17 birth, [citizenship,] permanent home address, telephone number and
18 social security number or individual taxpayer identification number, as
19 well as any other names by which he has conducted a business at any
20 time.
21 (ii) If the applicant is a corporation, the corporate name of the
22 applicant, its place of incorporation, its main business address (and if
23 such main business address is not within the state, the address of its
24 main place of business within the state), other names by which it has
25 been known or has conducted business at any time, its telephone number,
26 its federal employer identification number, and the names, ages, [citi-
27 zenship,] and permanent home addresses of its directors, officers and
28 its shareholders (except that if there be more than ten shareholders
29 then those shareholders holding ten percent or more of any class of its
30 shares).
31 (iii) If the applicant is a partnership, its name, its main business
32 address (and if such main business address is not within the state, the
33 address of its main place of business within the state), other names by
34 which it has been known or has conducted business at any time, its tele-
35 phone number, its federal employer identification number, and the names,
36 ages, [citizenship,] and permanent home addresses of each of its part-
37 ners.
38 § 35. Subdivision 3 of section 126 of the alcoholic beverage control
39 law is REPEALED.
40 § 36. Subdivision 4 of section 126 of the alcoholic beverage control
41 law, as amended by chapter 669 of the laws of 2022, is amended to read
42 as follows:
43 4. A copartnership or a corporation, unless each member of the part-
44 nership, or each of the principal officers and directors of the corpo-
45 ration, is [a citizen of the United States or a noncitizen lawfully
46 admitted for permanent residence in the United States,] not less than
47 twenty-one years of age[,] and has not been convicted of any felony or
48 any of the misdemeanors, specified in section eleven hundred forty-six
49 of the former penal law as in force and effect immediately prior to
50 September first, nineteen hundred sixty-seven, or of an offense defined
51 in section 230.20 or 230.40 of the penal law, or if so convicted has
52 received, subsequent to such conviction, an executive pardon therefor
53 removing this disability a certificate of good conduct granted by the
54 department of corrections and community supervision, or a certificate of
55 relief from disabilities granted by the department of corrections and
56 community supervision or a court of this state pursuant to the
A. 8263 9
1 provisions of article twenty-three of the correction law to remove the
2 disability under this section because of such conviction; provided
3 however [that a corporation which otherwise conforms to the requirements
4 of this section and chapter may be licensed if each of its principal
5 officers and more than one-half of its directors are citizens of the
6 United States or noncitizens lawfully admitted for permanent residence
7 in the United States; and provided further] that a corporation organized
8 under the not-for-profit corporation law or the education law which
9 otherwise conforms to the requirements of this section and chapter may
10 be licensed if each of its principal officers and more than one-half of
11 its directors are not less than twenty-one years of age and none of its
12 directors are less than eighteen years of age; and provided further that
13 a corporation organized under the not-for-profit corporation law or the
14 education law and located on the premises of a college as defined by
15 section two of the education law which otherwise conforms to the
16 requirements of this section and chapter may be licensed if each of its
17 principal officers and each of its directors are not less than eighteen
18 years of age.
19 § 37. Section 10 of the general city law, as amended by chapter 669 of
20 the laws of 2022, is amended to read as follows:
21 § 10. Licenses to adult blind persons. The mayor of any city shall
22 have the power to issue a license to any adult blind person for the
23 vending of goods, or newspapers in such places as he or she may set
24 aside for this purpose. The license shall be issued for a term of one
25 year and no charge shall be made for the license. A license shall not be
26 issued to a blind person unless he or she is a resident for three years
27 in the city in which application for such license is made [and is a
28 citizen of the United States or a noncitizen lawfully admitted for
29 permanent residence in the United States].
30 This license shall be revocable only for cause.
31 § 38. Paragraph (a) of subdivision 2 of section 3421 of the public
32 health law is REPEALED.
33 § 39. Section 41 of the general business law, as amended by chapter
34 669 of the laws of 2022, is amended to read as follows:
35 § 41. Licenses, how obtained; penalty for carrying on business without
36 license. The mayor or such local licensing authority may from time to
37 time grant, under his or her hand and the official seal of his or her
38 office, to such [citizens, or noncitizens lawfully admitted for perma-
39 nent residence in the United States,] people as he or she shall deem
40 proper and who shall produce to him satisfactory evidence of their good
41 character, a license authorizing such person to carry on the business of
42 a collateral loan broker, which license shall designate the house in
43 which such person shall carry on said business, and no person, corpo-
44 ration, partnership or firm shall carry on the business of a collateral
45 loan broker without being duly licensed, nor in any other house than the
46 one designated in said license, under a penalty of one hundred dollars
47 for each day he or they shall exercise or carry on said business without
48 such license or at any other house than the one so designated. Any
49 person receiving such license shall pay therefor the sum of five hundred
50 dollars for the use of the city yearly where such business is to be
51 conducted in a city with a population of more than one million persons,
52 and where the business is to be conducted elsewhere the fee for such
53 license shall not exceed two hundred fifty dollars yearly, and every
54 such license shall expire one year from the date thereof, and may be
55 renewed on application to the mayor or local licensing authority each
56 and every year on payment of the same sum and upon performance of the
A. 8263 10
1 other conditions herein contained. Every person so licensed shall, at
2 the time of receiving such license, file with the mayor or such local
3 licensing authority granting the same a bond to the local authorities,
4 to be executed by the person so licensed and by two responsible sure-
5 ties, in the penal sum of ten thousand dollars, to be approved by such
6 mayor or local licensing authority, which bond shall be conditioned for
7 the faithful performance of the duties and obligations pertaining to the
8 business so licensed, and the mayor or such local licensing authority
9 shall have full power and authority to revoke such license for cause.
10 § 40. Subdivision 1 of section 341 of the labor law, as amended by
11 chapter 461 of the laws of 2006, is amended to read as follows:
12 1. No manufacturer or contractor shall engage in the apparel industry
13 unless he or she registers with the commissioner, in writing, on a form
14 provided by the commissioner, which shall contain the following informa-
15 tion: whether it is a sole proprietorship, partnership or corporation,
16 its name, address and number of production employees, the name, home
17 address and social security number or individual taxpayer identification
18 number of each owner or partner, or if the registrant is a corporation,
19 no shares of which are listed on a national securities exchange or regu-
20 larly quoted in an over-the-counter market by one or more members of a
21 national or an affiliated securities association, of each officer and of
22 each of the ten largest shareholders thereof, how long it has been in
23 business, its tax identification number, whether it is a manufacturer or
24 contractor, the name and address of each person with a financial inter-
25 est in the manufacturer's or contractor's business and the amount of
26 that interest, except that if the manufacturer or contractor is a publ-
27 icly-traded corporation, only the names and addresses of the corporation
28 officers shall be required, whether it is in contractual relations with
29 a labor organization and, if so, the name and address of such labor
30 organization, a statement as to whether the registrant or any owner of
31 or partner in, or if the registrant is a corporation, no shares of which
32 are listed on a national securities exchange or regularly quoted in an
33 over-the-counter market by one or more members of a national or an
34 affiliated securities association, any officer or any of the ten largest
35 shareholders thereof has, within the last three years, been found by any
36 court or administrative body to have violated this chapter and, if so,
37 the nature and date of such violation and, if the registrant is a
38 contractor, whether that contractor subcontracts the cutting or sewing
39 of apparel or sections or components thereof. Such registration form
40 shall also require that each owner or partner, or if the registrant is a
41 corporation, then each officer, submit photographic proof of identity.
42 Divisions, subsidiary corporations or related companies may, at the
43 option of the manufacturer or contractor, be named and included under
44 one omnibus registration. Such registration shall be filed on or before
45 January fifteenth of each year. The commissioner shall issue a certif-
46 icate of registration, which shall be effective for a period of twelve
47 months, upon receipt of a completed registration form accompanied by the
48 requisite photographic proof of identity and documentation that such
49 manufacturer or contractor has paid any surety bond required pursuant to
50 subdivision eight of section three hundred forty-five of this article
51 and that a workers' compensation insurance policy is in effect for the
52 registrant's production employees working in New York state. The initial
53 registration fee shall be two hundred dollars and each subsequent annual
54 renewal registration fee shall be one hundred fifty dollars. With
55 respect to new employers, such registration shall be filed upon the
56 commencement of manufacturing or contracting in the apparel industry and
A. 8263 11
1 shall be effective until the following January fifteenth. The commis-
2 sioner may pro rate the initial annual registration fee in such
3 instances.
4 § 41. Section 460 of the judiciary law, as amended by chapter 669 of
5 the laws of 2022, is amended to read as follows:
6 § 460. Examination and admission of attorneys. An applicant for admis-
7 sion to practice as an attorney or counsellor in this state, must be
8 examined and licensed to practice as prescribed in this chapter and in
9 the rules of the court of appeals. Race, creed, color, national origin,
10 noncitizen status [or], sex or federal immigration status shall consti-
11 tute no cause for refusing any person examination or admission to prac-
12 tice.
13 § 42. Severability. If any provision of this act, or any application
14 of any provision of this act, is held to be invalid, that shall not
15 affect the validity or effectiveness of any other provision of this act,
16 or of any other application of any provision of this act, which can be
17 given effect without that provision or application; and to that end, the
18 provisions and applications of this act are severable.
19 § 43. This act shall take effect on the one hundred eightieth day
20 after it shall have become a law. Effective immediately, the addition,
21 amendment and/or repeal of any rule or regulation necessary for the
22 implementation of this act on its effective date are authorized to be
23 made and completed on or before such effective date.
