NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6788
SPONSOR: Ortiz TITLE OF BILL: An act to amend the education law, in relation to
removing citizenship and immigration status requirements for applicants
for licensure for certain professions
PURPOSE:
To reduce barriers for immigrants to obtain professional licenses to
aide in filling state labor shortages and retaining skilled immigrants
to capitalize on underutilized talent and to increase the economic bene-
fits of immigrant income,, spending, and tax revenues from better-paying
jobs.
SUMMARY OF PROVISIONS:
Section 1: The education law is amended by adding a new section 6501-a.
Citizenship status, except as provided in paragraph (f) of subdivision
six of section sixty-five hundred six of this article, the department
shall not deny licensure to an applicant to practice any profession set
forth in this title on the basis of such applicant's citizenship status
or immigration status. Any application required by this title to be
filed with the department by an individual applicant shall include
either the individual taxpayer identification number or the social secu-
rity number of the applicant.
Section 2: Subdivision 6 of section 6524 of the education law, as
amended by chapter 379 of the laws of 2008, is amended to read as
follows: Citizenship or immigration status :
be a United States citizen
or an alien lawfully admitted for permanent residence in the United
States, provided, however that the board of regents may grant a three
year waiver for alien physician to practice in an area which has been
designated by the department as medically underserved, except that the
board of regents may grant an additional extension not to exceed six
years to an alien physician to enable him or her to secure citizenship
or permanent resident status, provided such status is being actively
pursued. Provided further that the board of regents may grant an addi-
tional three year waiver, and at its expiration, an extension for a
period not to exceed six additional years, for the holder of an H-lb
visa, an 0-1 visa, or equivalent or successor visa.
Section 3: Paragraph 1 of section 6525 of the education law, as amended
by chapter 133 of the laws of 1982, is amended to read as follows: To
include physician.
Section 4: Subdivision 6 of section 6554 of the education law, as
amended by chapter 133 of the laws of 1982.
Section 5: Subdivision 6 of section 6604 of the education law, as
amended by chapter 403 of the laws of 2002, is amended to read as
follows: Citizenship or immigration status: To include dental health
professional.
Section 6: Subdivision 7 of section 6604-b of the education law, as
added by chapter 537 of the laws of 2008.
Section 7: Subdivision 6 of section 6609 of the education law, as
amended by chapter 403 laws of 2002.
Section 8. Subdivision 6 of section 6704 of the education law, as
amended by chapter 201 of the laws of 2007, is amended to read as
follows: To include vetinarian.
Section 9. Paragraph 1 of subdivision 1 of section 6707 of the education
law, as amended by chapter 133 of the laws of 1982.
Section 10. Subdivision 6 of section 6711 of the education law, as
amended by chapter 80 of the laws of 200, is amended to read as follows:
To include animal health technician.
Section 11. Paragraph 1 of subdivision 1 of section 6711-a of the educa-
tion law, as amended by chapter 333 of the laws of 1990.
Section 12. Paragraph 6 of subdivision 1 of section 6805 of the educa-
tion law, as amended by chapter 133 of the laws of 1982.
Section 13. Subdivision 6 of section 6905 of the education law, as
amended by chapter 994 of the laws of 1971 and such section as renum-
bered by chapter 50 of the laws of 1972.
Section 14. Subdivision 6 of section 6906 of the education law, as
amended by chapter 330 of the laws of 1981.
Section 15. Subdivision 6 of section 6955 of the education law, as added
by chapter 327 of the laws of 1992.
Section 16. Subdivision 6 of section 7004 of the education law, as added
by chapter 987 of the laws of 1971
Section 17. Subdivision 6 of section 7104 of the education law, as added
by chapter 987 of the laws of 1971
Section 18. Paragraph 6 of subdivision a of section 7124 of the educa-
tion law, as amended by chapter 475 of the laws of 1973
Section 19. Paragraph 6, of subdivision 1 of section 7206 of the educa-
tion law, as amended by chapter 133 of the laws of 1982.
Section 20. Paragraph 6 of subdivision 1 of section 7206-a of the educa-
tion law, as amended by chapter 133 of the laws of 1982.
Section 21. Paragraph 6 of subdivision 1 of section 7304 of the educa-
tion law, as added by chapter 987 of the laws of 1971.
Section 22. Paragraph 6 of subdivision 1 of section 7324 of the educa-
tion law, as amended by chapter 133 of the laws of 1982.
Section 23. Paragraph 6 of subdivision 1 of section 7404 of the educa-
tion law, as added by chapter 987 of the laws of 1971.
Section 24. Paragraph 6 of subdivision 1 of section 7504 of the educa-
tion law, as amended by chapter 133 of the laws of 1982.
Section 25. Subdivision 6 of the section 7603 of the education law, as
added by chapter 987 of the laws of 1971.
Section 26. Subdivision 5 of section 7804 of the education law, as
amended by chapter 230 of the laws of 1997.
Section 27. Subdivision 1 of section 7806 of the education law, as
amended by chapter 230 of the laws of 1997. To include massage thera-
pist, masseur or masseuse.
Section 28. Subdivision 6 of section 7904 of the education law, as
amended by chapter 460 of the laws of 2011.
Section 29. Paragraph (f) of subdivision of section 8305 of the educa-
tion law, as added by chapter 905 of the laws of 1990.
JUSTIFICATION:
Granting professional licenses to undocumented immigrants would boost
the state economy. The United States 42 million immigrants make rich
economic and social contributions to communities across the country.
Our country and state currently has a strong and well educated immigrant
work force. Nearly 24% of community college students have an immigrant
background and 41% of arriving immigrants hold at least a bachelor's
degree. The increase in wages that would result from fully employing
highly skilled immigrant professionals could add thousands in dollars in
tax revenues.
Many of the areas where professional licenses are required include high-
paying and high-demand jobs. Jobs in areas such as the medical field or
engineering represent high-earning positions that are currently vacant
in certain parts of the country and state as there are not enough
current college graduates entering these fields. Granting professional
license to undocumented college graduates would allow these jobs to be
filled and contribute to the state's workforce.
Prior educational investment is the crux of many arguments in support of
expanding access to higher education and professional licensing to
undocumented students educated in public schools across the country.
Granting professional licenses to undocumented students who have bene-
fited from American public education allows them to join the workforce
and contribute to the state's economy without fear of deportation, thus
allowing the state to get a return on its investment.
Granting professional licenses to undocumented immigrants would empower
to become economically self-sufficient and allow them to participate in
the development of their communities.
LEGISLATIVE HISTORY:
New
FISCAL IMPLICATIONS:
None. It would increase revenue through licensing fees.
EFFECTIVE DATE:
On the sixtieth day after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
6788
2017-2018 Regular Sessions
IN ASSEMBLY
March 17, 2017
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to removing citizenship
and immigration status requirements for applicants for licensure for
certain professions
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 6501-a
2 to read as follows:
3 § 6501-a. Citizenship status; identification. 1. a. Except as provided
4 in paragraph (f) of subdivision six of section sixty-five hundred six of
5 this article, the department shall not deny licensure to an applicant to
6 practice any profession set forth in this title on the basis of such
7 applicant's citizenship status or immigration status.
8 b. The department is authorized to promulgate rules and regulations
9 necessary to implement the provisions of this subdivision.
10 2. Any application required by this title to be filed with the depart-
11 ment by an individual applicant shall include either the individual
12 taxpayer identification number or the social security number of the
13 applicant.
14 § 2. Subdivision 6 of section 6524 of the education law, as amended by
15 chapter 379 of the laws of 2008, is amended to read as follows:
16 (6) Citizenship or immigration status: [be a United States citizen or
17 an alien lawfully admitted for permanent residence in the United States;
18 provided, however that the board of regents may grant a three year waiv-
19 er for an alien physician to practice in an area which has been desig-
20 nated by the department as medically underserved, except that the board
21 of regents may grant an additional extension not to exceed six years to
22 an alien physician to enable him or her to secure citizenship or perma-
23 nent resident status, provided such status is being actively pursued;
24 and provided further that the board of regents may grant an additional
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10309-01-7
A. 6788 2
1 three year waiver, and at its expiration, an extension for a period not
2 to exceed six additional years, for the holder of an H-1b visa, an O-1
3 visa, or an equivalent or successor visa thereto] meet no requirement as
4 to United States citizenship or immigration status;
5 § 3. Paragraph 1 of subdivision 1 of section 6525 of the education
6 law, as amended by chapter 133 of the laws of 1982, is amended to read
7 as follows:
8 (1) A person who fulfills all requirements for a license as a physi-
9 cian except those relating to the examination [and citizenship or perma-
10 nent residence in the United States];
11 § 4. Subdivision 6 of section 6554 of the education law, as amended by
12 chapter 133 of the laws of 1982, is amended to read as follows:
13 (6) Citizenship or immigration status: [be a United States citizen or
14 an alien lawfully admitted for permanent residence in the United States]
15 meet no requirement as to United States citizenship or immigration
16 status;
17 § 5. Subdivision 6 of section 6604 of the education law, as amended by
18 chapter 403 of the laws of 2002, is amended to read as follows:
19 (6) Citizenship or immigration status: [be a United States citizen or
20 an alien lawfully admitted for permanent residence in the United States;
21 provided, however, that the board of regents may grant a three year
22 waiver for an alien to practice in an area which has been designated a
23 federal dental health professions shortage area, except that the board
24 of regents may grant an additional extension not to exceed six years to
25 an alien to enable him or her to secure citizenship or permanent resi-
26 dent status, provided such status is being actively pursued] meet no
27 requirement as to United States citizenship or immigration status;
28 § 6. Subdivision 7 of section 6604-b of the education law, as added by
29 chapter 537 of the laws of 2008, is amended to read as follows:
30 7. [In order to be eligible for a restricted dental faculty license an
31 applicant must be a United States citizen or an alien lawfully admitted
32 for permanent residence in the United States; provided, however, that
33 the department may grant a three year waiver for an alien who otherwise
34 meets all other requirements for a restricted dental faculty license
35 except that the department may grant an additional extension not to
36 exceed six years to an alien to enable him or her to secure citizenship
37 or permanent resident status, provided such status is being actively
38 pursued.] No current faculty member shall be displaced by the holder of
39 a restricted dental faculty license.
40 § 7. Subdivision 6 of section 6609 of the education law, as amended by
41 chapter 403 of the laws of 2002, is amended to read as follows:
42 (6) Citizenship or immigration status: [be a United States citizen or
43 an alien lawfully admitted for permanent residence in the United States;
44 provided, however, that the board of regents may grant a three year
45 waiver for an alien to practice in an area which has been designated a
46 federal dental health professions shortage area, except that the board
47 of regents may grant an additional extension not to exceed six years to
48 an alien to enable him or her to secure citizenship or permanent resi-
49 dent status, provided such status is being actively pursued] meet no
50 requirement as to United States citizenship or immigration status;
51 § 8. Subdivision 6 of section 6704 of the education law, as amended by
52 chapter 201 of the laws of 2007, is amended to read as follows:
53 (6) Citizenship or immigration status: [be a United States citizen or
54 an alien lawfully admitted for permanent residence in the United States;
55 provided, however that the board of regents may grant a one-time three-
56 year waiver for a veterinarian who otherwise meets the requirements of
A. 6788 3
1 this article and who has accepted an offer to practice veterinary medi-
2 cine in a county in the state which the department has certified as
3 having a shortage of qualified applicants to fill existing vacancies in
4 veterinary medicine, and provided further that the board of regents may
5 grant an extension of such three-year waiver of not more than one year]
6 meet no requirement as to United States citizenship or immigration
7 status;
8 § 9. Paragraph 1 of subdivision 1 of section 6707 of the education
9 law, as amended by chapter 133 of the laws of 1982, is amended to read
10 as follows:
11 (1) A person who fulfills all requirements for a license as a veteri-
12 narian except those relating to the examination [and citizenship or
13 permanent residence in the United States];
14 § 10. Subdivision 6 of section 6711 of the education law, as amended
15 by chapter 80 of the laws of 2000, is amended to read as follows:
16 6. Citizenship or immigration status: [be a United States citizen or
17 an alien lawfully admitted for permanent residence in the United States;
18 provided, however that the board of regents may grant a one-time three-
19 year waiver for an animal health technician who otherwise meets the
20 requirements of this article and provided further that the board of
21 regents may grant an extension of such three-year waiver of not more
22 than one year] meet no requirement as to United States citizenship or
23 immigration status;
24 § 11. Paragraph 1 of subdivision 1 of section 6711-a of the education
25 law, as amended by chapter 333 of the laws of 1990, is amended to read
26 as follows:
27 1. Eligibility. Persons shall be eligible for a limited permit who
28 fulfill all requirements for a license as a veterinary technician except
29 those relating to the examination [and citizenship or permanent resi-
30 dence in the United States].
31 § 12. Paragraph 6 of subdivision 1 of section 6805 of the education
32 law, as amended by chapter 133 of the laws of 1982, is amended to read
33 as follows:
34 (6) Citizenship or immigration status: [be a United States citizen or
35 an alien lawfully admitted for permanent residence in the United States]
36 meet no requirement as to United States citizenship or immigration
37 status;
38 § 13. Subdivision 6 of section 6905 of the education law, as amended
39 by chapter 994 of the laws of 1971 and such section as renumbered by
40 chapter 50 of the laws of 1972, is amended to read as follows:
41 (6) Citizenship or immigration status: meet no requirement as to
42 United States citizenship or immigration status;
43 § 14. Subdivision 6 of section 6906 of the education law, as amended
44 by chapter 330 of the laws of 1981, is amended to read as follows:
45 (6) Citizenship or immigration status: meet no requirements as to
46 United States citizenship or immigration status;
47 § 15. Subdivision 6 of section 6955 of the education law, as added by
48 chapter 327 of the laws of 1992, is amended to read as follows:
49 6. Citizenship or immigration status: [be a United States citizen or
50 an alien lawfully admitted for permanent residence in the United States]
51 meet no requirement as to United States citizenship or immigration
52 status.
53 § 16. Subdivision 6 of section 7004 of the education law, as added by
54 chapter 987 of the laws of 1971, is amended to read as follows:
55 (6) Citizenship or immigration status: meet no requirements as to
56 United States citizenship or immigration status;
A. 6788 4
1 § 17. Subdivision 6 of section 7104 of the education law, as added by
2 chapter 987 of the laws of 1971, is amended to read as follows:
3 (6) Citizenship or immigration status: meet no requirement as to
4 United States citizenship or immigration status;
5 § 18. Paragraph 6 of subdivision a of section 7124 of the education
6 law, as amended by chapter 475 of the laws of 1973, is amended to read
7 as follows:
8 (6) Citizenship or immigration status: meet no requirement as to
9 United States citizenship or immigration status;
10 § 19. Paragraph 6 of subdivision 1 of section 7206 of the education
11 law, as amended by chapter 133 of the laws of 1982, is amended to read
12 as follows:
13 (6) Citizenship or immigration status: [be a United States citizen or
14 an alien lawfully admitted for permanent residence in the United States]
15 meet no requirement as to United States citizenship or immigration
16 status;
17 § 20. Paragraph 6 of subdivision 1 of section 7206-a of the education
18 law, as amended by chapter 133 of the laws of 1982, is amended to read
19 as follows:
20 (6) Citizenship or immigration status: [be a United States citizen or
21 an alien lawfully admitted for permanent residence in the United States]
22 meet no requirement as to United States citizenship or immigration
23 status;
24 § 21. Paragraph 6 of subdivision 1 of section 7304 of the education
25 law, as added by chapter 987 of the laws of 1971, is amended to read as
26 follows:
27 (6) Citizenship or immigration status: meet no requirement as to
28 United States citizenship or immigration status;
29 § 22. Paragraph 6 of subdivision 1 of section 7324 of the education
30 law, as amended by chapter 133 of the laws of 1982, is amended to read
31 as follows:
32 (6) Citizenship or immigration status: [be a United States citizen or
33 an alien lawfully admitted for permanent residence in the United States]
34 meet no requirement as to United States citizenship or immigration
35 status;
36 § 23. Paragraph 6 of subdivision 1 of section 7404 of the education
37 law, as added by chapter 987 of the laws of 1971, is amended to read as
38 follows:
39 (6) Citizenship or immigration status: meet no requirements as to
40 United States citizenship or immigration status;
41 § 24. Paragraph 6 of subdivision 1 of section 7504 of the education
42 law, as amended by chapter 133 of the laws of 1982, is amended to read
43 as follows:
44 (6) Citizenship or immigration status: [be a United States citizen or
45 an alien lawfully admitted for permanent residence in the United States]
46 meet no requirement as to United States citizenship or immigration
47 status;
48 § 25. Subdivision 6 of section 7603 of the education law, as added by
49 chapter 987 of the laws of 1971, is amended to read as follows:
50 (6) Citizenship or immigration status: meet no requirement as to
51 United States citizenship or immigration status;
52 § 26. Subdivision 5 of section 7804 of the education law, as amended
53 by chapter 230 of the laws of 1997, is amended to read as follows:
54 (5) Citizenship or immigration status: [be a United States citizen or
55 an alien lawfully admitted for permanent residence in the United States]
A. 6788 5
1 meet no requirement as to United States citizenship or immigration
2 status;
3 § 27. Subdivision 1 of section 7806 of the education law, as amended
4 by chapter 230 of the laws of 1997, is amended to read as follows:
5 1. The department may issue a limited permit to practice massage ther-
6 apy as a licensed massage therapist, masseur or masseuse to a person who
7 has not previously held such a permit and who fulfills all except the
8 examination [and citizenship] requirements for a license, provided
9 however that a permit shall not be issued to a person who has failed the
10 state licensing examination.
11 § 28. Subdivision 6 of section 7904 of the education law, as amended
12 by chapter 460 of the laws of 2011, is amended to read as follows:
13 (6) Meet no requirements as to United States citizenship or immi-
14 gration status.
15 § 29. Paragraph (f) of subdivision 1 of section 8305 of the education
16 law, as added by chapter 905 of the laws of 1990, is amended to read as
17 follows:
18 (f) Citizenship or immigration status: meet no requirements as to
19 United States citizenship or immigration status;
20 § 30. This act shall take effect on the sixtieth day after it shall
21 have become a law; provided, however that the amendments to subdivision
22 7 of section 6604-b of the education law made by section six of this act
23 shall not affect the repeal of such subdivision and shall be deemed
24 repealed therewith; provided, however, that effective immediately, the
25 addition, amendment and/or repeal of any rule or regulation necessary
26 for the implementation of this act on its effective date is authorized
27 to be made and completed on or before such date.
