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S03046 Summary:

BILL NOS03046
 
SAME ASSAME AS A01952
 
SPONSORRIVERA
 
COSPNSRBAILEY, COMRIE, HOYLMAN, JACKSON, LIU, MAY, RAMOS, SALAZAR, SEPULVEDA
 
MLTSPNSR
 
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.
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S03046 Actions:

BILL NOS03046
 
01/27/2021REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/05/2022REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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S03046 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3046
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 27, 2021
                                       ___________
 
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment 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.
    18    § 49-a. Nondiscrimination and extension of licenses. 1.  Notwithstand-
    19  ing any other provision of law, no applicant shall be denied  a  license

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06228-01-1

        S. 3046                             2
 
     1  on account of the applicant's citizenship or immigration status, or lack
     2  thereof.
     3    2.  Issuing  and  registering entities shall review license qualifica-
     4  tions and application processes to ensure maximum accessibility to immi-
     5  grant New Yorkers  while  maintaining  necessary  professional,  occupa-
     6  tional,  commercial  or  business  quality.    Where  a provision of law
     7  requires that licenses be granted only  to  applicants  with  sufficient
     8  work  experience, substantially equivalent experience, including but not
     9  limited to voluntary internships or externships,  research  fellowships,
    10  experience  as  a  consultant,  or experience obtained in another state,
    11  district or territory of the United States, or  in  a  foreign  country,
    12  shall be accepted. When English-language proficiency is not necessary to
    13  maintain  professional,  occupational,  commercial, or business quality,
    14  the application process, including any  related  examination,  shall  be
    15  made accessible in an applicant's primary language.
    16    §  49-b.  Application;  confidentiality.  1. Notwithstanding any other
    17  provision of law, no issuing or registering entity shall inquire into an
    18  applicant's citizenship or immigration  status,  or  lack  thereof,  nor
    19  shall it ask an applicant for proof of such status, or lack thereof.
    20    2.  Issuing or registering entities shall not inquire regarding infor-
    21  mation or documents that may be probative of  an  applicant's  place  of
    22  birth,  including,  but  not  limited  to, country of passport issuance,
    23  birth certificate, consular identification card, or passport,  with  the
    24  exception  of a social security number or social security card, or indi-
    25  vidual taxpayer identification number or individual taxpayer identifica-
    26  tion card, unless such information or document is necessary to establish
    27  age, if relevant, or identity. A New York driver's license or  learner's
    28  permit, or similar document issued by another state, district, or terri-
    29  tory  within  the  United  States,  shall be sufficient to establish age
    30  and/or identity.
    31    3. Whenever an applicant for a license is asked to  provide  a  social
    32  security  number  or  social security card, an individual taxpayer iden-
    33  tification number or individual taxpayer identification  card  shall  be
    34  sufficient.  No  issuing  or  registering  entity shall inquire into the
    35  reasons why an applicant does not provide a social  security  number  or
    36  social  security  card,  nor shall it ask the applicant for proof of the
    37  lack of a social security number or social  security  card.    No  other
    38  entity  that receives information from such issuing or registering enti-
    39  ty, including but not limited to the department of taxation and finance,
    40  shall inquire of the issuing or registering entity regarding such infor-
    41  mation or proof.
    42    4. (a) The issuing or registering entity shall not retain originals or
    43  copies of any documents that may be probative of an applicant's place of
    44  birth, including, but not limited to, an applicant's birth  certificate,
    45  consular  identification  card, passport, social security card, or indi-
    46  vidual taxpayer identification number card, for  longer  than  the  time
    47  needed  to  review  the  application.  Nothing  in  this paragraph shall
    48  prevent the issuing or registering entity from retaining documents where
    49  such documents are required by law to be preserved for the  purposes  of
    50  litigation.
    51    (b) To the maximum extent allowed by applicable federal and state law,
    52  information  or  documents  collected by issuing or registering entities
    53  that may be probative of an applicant's place of birth,  including,  but
    54  not  limited to, country of passport issuance, birth certificate, consu-
    55  lar identification card, passport,  social  security  number  or  social
    56  security  card, or individual taxpayer identification number or individ-

        S. 3046                             3
 
     1  ual taxpayer identification card, shall be treated as  confidential  and
     2  shall not be disclosed unless such disclosure is:
     3    (i)  Authorized  in writing by the individual to whom such information
     4  pertains, or if such individual is a minor or is otherwise  not  legally
     5  competent, by such individual's parent or legal guardian; or
     6    (ii)  Necessary  to comply with a lawful court order, judicial warrant
     7  signed by a judge appointed pursuant to  article  three  of  the  United
     8  States Constitution, or properly-issued subpoena.
     9    (c)  To the extent disclosure of confidential information and/or docu-
    10  ments to another state entity is required pursuant to  state  law,  such
    11  information  and/or  documents  shall be treated as confidential and not
    12  further disclosed by the receiving entity, consistent with the  require-
    13  ments of paragraph (b) of this subdivision.
    14    (d) Whenever disclosure is permitted pursuant to court order, warrant,
    15  or  subpoena,  the issuing or registering entity shall provide the indi-
    16  vidual to whom the information and/or documents pertain with a  copy  of
    17  the  court order, warrant, or subpoena within three business days of its
    18  receipt. Only such information or documents specifically sought pursuant
    19  to such court order, warrant, or subpoena shall be disclosed.
    20    (e) All issuing or registering entities, and any  other  state  entity
    21  that may subsequently receive confidential information and/or documents,
    22  shall  ensure any information and/or documents that are stored electron-
    23  ically, including but not limited to in databases,  shall  be  compliant
    24  with the provisions of paragraph (b) of this subdivision.  Passive elec-
    25  tronic  access  to confidential information and/or documents by external
    26  individuals or entities, when  disclosure  is  not  otherwise  permitted
    27  pursuant  to  paragraph  (b)  of  this  subdivision, shall constitute an
    28  unlawful disclosure.
    29    § 3. Subparagraphs vii and viii of paragraph (b) of subdivision  2  of
    30  section  89  of the public officers law, as amended by section 2 of part
    31  GGG of chapter 59 of the laws of 2019, are amended to read as follows:
    32    vii. disclosure of electronic contact information, such as  an  e-mail
    33  address  or  a  social  network username, that has been collected from a
    34  taxpayer under section one hundred four of the real  property  tax  law;
    35  [or]
    36    viii.  disclosure  of law enforcement arrest or booking photographs of
    37  an individual, unless public release of such photographs  will  serve  a
    38  specific  law enforcement purpose and disclosure is not precluded by any
    39  state or federal laws; or
    40    ix. disclosure of  information  obtained  through  application  for  a
    41  professional,  occupational,  commercial,  or  business license, permit,
    42  certificate, or any substantially similar permission, or related  regis-
    43  tration,  that might indicate the applicant's citizenship or immigration
    44  status.
    45    § 4. Subdivision 2 and subparagraph 3 of paragraph (a) of  subdivision
    46  3  of section 5 of the tax law, as amended by chapter 170 of the laws of
    47  1994, are amended to read as follows:
    48    2. Requiring information. Notwithstanding any other provision of  law,
    49  every  covered  agency  shall,  as  part  of the procedure for granting,
    50  renewing, amending, supplementing or restating the license of any person
    51  or at the time the covered agency contracts  to  purchase  or  purchases
    52  goods  or  services or leases real or personal property from any person,
    53  require that each  such  person  provide  to  the  covered  agency  such
    54  person's  federal  social security account number [or], federal employer
    55  identification number, or [both such numbers when such person  has  both
    56  such  numbers,  or,  where  such  person  does  not  have such number or

        S. 3046                             4

     1  numbers, the reason or reasons why such person does not have such number
     2  or numbers] the federal individual taxpayer identification number.  Such
     3  numbers [or reasons] shall be obtained by such covered agency as part of
     4  the administration of the taxes administered by the commissioner for the
     5  purpose  of  establishing the identification of persons affected by such
     6  taxes.
     7    (3) federal social security  account  number  [or],  federal  employer
     8  identification  number, or [both such numbers where such person has both
     9  such numbers, or the reason or reasons, furnished by  such  person,  why
    10  such person does not have such number or numbers] the federal individual
    11  taxpayer identification number.
    12    § 5. Subdivision 2 of section 3-503 of the general obligations law, as
    13  amended  by  chapter  398  of  the  laws  of 1997, is amended to read as
    14  follows:
    15    2. Every applicant for a license or renewal thereof shall provide  his
    16  or  her  social  security  number  or individual taxpayer identification
    17  number on the application.  Additionally, every applicant for a  license
    18  or  renewal thereof shall certify in the application in a written state-
    19  ment under oath, duly sworn and subscribed, that  as  of  the  date  the
    20  application  is  filed  he or she is (or is not) under obligation to pay
    21  child support and that if he or she is under such an obligation, that he
    22  or she does (or does not) meet one of the following requirements:
    23    a. he or she is not four months or more in arrears in the  payment  of
    24  child support; or
    25    b. he or she is making payments by income execution or by court agreed
    26  payment or repayment plan or by plan agreed to by the parties; or
    27    c.  the  child  support  obligation  is the subject of a pending court
    28  proceeding; or
    29    d. he or she is receiving public assistance or  supplemental  security
    30  income.
    31    §  6.  Paragraph (f) of subdivision 6 of section 6506 of the education
    32  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    33  as follows:
    34    (f)  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    § 7. Subdivision 6 of section 6524 of the education law, as amended by
    39  chapter 379 of the laws of 2008, is amended to read as follows:
    40    (6)  Citizenship or immigration status: [be a United States citizen or
    41  an alien lawfully admitted for permanent residence in the United States;
    42  provided, however that the board of regents may grant a three year waiv-
    43  er for an alien physician to practice in an area which has  been  desig-
    44  nated  by the department as medically underserved, except that the board
    45  of regents may grant an additional extension not to exceed six years  to
    46  an  alien physician to enable him or her to secure citizenship or perma-
    47  nent resident status, provided such status is  being  actively  pursued;
    48  and  provided  further that the board of regents may grant an additional
    49  three year waiver, and at its expiration, an extension for a period  not
    50  to  exceed  six additional years, for the holder of an H-1b visa, an O-1
    51  visa, or an equivalent or successor visa thereto] meet no requirement as
    52  to United States citizenship or immigration status;
    53    § 8. Paragraph 1 of subdivision 1 of section  6525  of  the  education
    54  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
    55  as follows:

        S. 3046                             5
 
     1    (1) A person who fulfills all requirements for a license as  a  physi-
     2  cian except those relating to the examination [and citizenship or perma-
     3  nent residence in the United States];
     4    § 9. Subdivision 6 of section 6554 of the education law, as amended by
     5  chapter 133 of the laws of 1982, is amended to read as follows:
     6    (6)  Citizenship or immigration status: [be a United States citizen or
     7  an alien lawfully admitted for permanent residence in the United States]
     8  meet no requirement as  to  United  States  citizenship  or  immigration
     9  status;
    10    §  10.  Subdivision 6 of section 6604 of the education law, as amended
    11  by chapter 403 of the laws of 2002, is amended to read as follows:
    12    (6) Citizenship or immigration status: [be a United States citizen  or
    13  an alien lawfully admitted for permanent residence in the United States;
    14  provided,  however,  that  the  board  of regents may grant a three year
    15  waiver for an alien to practice in an area which has been  designated  a
    16  federal  dental  health professions shortage area, except that the board
    17  of regents may grant an additional extension not to exceed six years  to
    18  an  alien  to enable him or her to secure citizenship or permanent resi-
    19  dent status, provided such status is being  actively  pursued]  meet  no
    20  requirement as to United States citizenship or immigration status;
    21    §  11.  Subdivision 7 of section 6604-b of the education law, as added
    22  by chapter 537 of the laws of 2008, is amended to read as follows:
    23    7. In order to be eligible for a restricted dental faculty license  an
    24  applicant must [be a United States citizen or an alien lawfully admitted
    25  for  permanent  residence  in the United States; provided, however, that
    26  the department may grant a three year waiver for an alien who  otherwise
    27  meets  all  other  requirements  for a restricted dental faculty license
    28  except that the department may grant  an  additional  extension  not  to
    29  exceed  six years to an alien to enable him or her to secure citizenship
    30  or permanent resident status, provided such  status  is  being  actively
    31  pursued]  meet  no  requirement as to United States citizenship or immi-
    32  gration status. No current faculty member  shall  be  displaced  by  the
    33  holder of a restricted dental faculty license.
    34    §  12.  Subdivision 6 of section 6609 of the education law, as amended
    35  by chapter 403 of the laws of 2002, is amended to read as follows:
    36    (6) Citizenship or immigration status: [be a United States citizen  or
    37  an alien lawfully admitted for permanent residence in the United States;
    38  provided,  however,  that  the  board  of regents may grant a three year
    39  waiver for an alien to practice in an area which has been  designated  a
    40  federal  dental  health professions shortage area, except that the board
    41  of regents may grant an additional extension not to exceed six years  to
    42  an  alien  to enable him or her to secure citizenship or permanent resi-
    43  dent status, provided such status is being  actively  pursued]  meet  no
    44  requirement as to United States citizenship or immigration status;
    45    §  13.  Subdivision 6 of section 6704 of the education law, as amended
    46  by chapter 201 of the laws of 2007, is amended to read as follows:
    47    (6) Citizenship or immigration status: [be a United States citizen  or
    48  an alien lawfully admitted for permanent residence in the United States;
    49  provided,  however that the board of regents may grant a one-time three-
    50  year waiver for a veterinarian who otherwise meets the  requirements  of
    51  this  article and who has accepted an offer to practice veterinary medi-
    52  cine in a county in the state which  the  department  has  certified  as
    53  having  a shortage of qualified applicants to fill existing vacancies in
    54  veterinary medicine, and provided further that the board of regents  may
    55  grant  an extension of such three-year waiver of not more than one year]

        S. 3046                             6
 
     1  meet no requirement as  to  United  States  citizenship  or  immigration
     2  status;
     3    §  14.  Subdivision 6 of section 6711 of the education law, as amended
     4  by chapter 80 of the laws of 2000, is amended to read as follows:
     5    6. Citizenship or immigration status: [be a United States  citizen  or
     6  an alien lawfully admitted for permanent residence in the United States;
     7  provided,  however that the board of regents may grant a one-time three-
     8  year waiver for an animal health  technician  who  otherwise  meets  the
     9  requirements  of  this  article  and  provided further that the board of
    10  regents may grant an extension of such three-year  waiver  of  not  more
    11  than  one  year]  meet no requirement as to United States citizenship or
    12  immigration status;
    13    § 15. Subdivision 1 of section 6711-a of the education law, as amended
    14  by chapter 333 of the laws of 1990, is amended to read as follows:
    15    1. Eligibility. Persons shall be eligible for  a  limited  permit  who
    16  fulfill all requirements for a license as a veterinary technician except
    17  those  relating  to  the examination [and citizenship or permanent resi-
    18  dence in the United States].
    19    § 16. Paragraph 6 of subdivision 1 of section 6805  of  the  education
    20  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
    21  as follows:
    22    (6) Citizenship or immigration status: [be a United States citizen  or
    23  an alien lawfully admitted for permanent residence in the United States]
    24  meet  no  requirement  as  to  United  States citizenship or immigration
    25  status;
    26    § 17. Subdivision 6 of section 6905 of the education law,  as  amended
    27  by  chapter  994  of the laws of 1971 and as renumbered by chapter 50 of
    28  the laws of 1972, is amended to read as follows:
    29    (6) Citizenship or immigration  status:  meet  no  requirement  as  to
    30  United States citizenship or immigration status;
    31    §  18.  Subdivision 6 of section 6906 of the education law, as amended
    32  by chapter 330 of the laws of 1981, is amended to read as follows:
    33    (6) Citizenship or immigration status:  meet  no  requirements  as  to
    34  United States citizenship or immigration status;
    35    §  19. Subdivision 6 of section 6955 of the education law, as added by
    36  chapter 327 of the laws of 1992, is amended to read as follows:
    37    6. Citizenship or immigration status: [be a United States  citizen  or
    38  an alien lawfully admitted for permanent residence in the United States]
    39  meet  no  requirement  as  to  United  States citizenship or immigration
    40  status.
    41    § 20. Subdivision 6 of section 7004 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 requirements as to
    44  United States citizenship or immigration status;
    45    § 21. Subdivision 6 of section 7104 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 requirement as to
    48  United States citizenship or immigration status;
    49    § 22. Paragraph 6 of subdivision a of section 7124  of  the  education
    50  law,  as  amended by chapter 475 of the laws of 1973, is amended to read
    51  as follows:
    52    (6) Citizenship or immigration status:   meet  no  requirement  as  to
    53  United States citizenship or immigration status;
    54    §  23.  Paragraph  6 of subdivision 1 of section 7206 of the education
    55  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    56  as follows:

        S. 3046                             7
 
     1    (6)  Citizenship or immigration status: [be a United States citizen or
     2  an alien lawfully admitted for permanent residence in the United States]
     3  meet no requirement as  to  United  States  citizenship  or  immigration
     4  status;
     5    §  24. Paragraph 6 of subdivision 1 of section 7206-a of the education
     6  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
     7  as follows:
     8    (6)  Citizenship or immigration status: [be a United States citizen or
     9  an alien lawfully admitted for permanent residence in the United States]
    10  meet no  requirements  as  to  United States citizenship or  immigration
    11  status;
    12    §  25. Paragraph 6 of subdivision 1 of section 7206-a of the education
    13  law, as amended by chapter 322 of the laws of 2019, is amended  to  read
    14  as follows:
    15    (6)  Citizenship or immigration status: [be a United States citizen or
    16  an alien lawfully admitted for permanent residence in the United States]
    17  meet no requirements as to  United  States  citizenship  or  immigration
    18  status;
    19    §  26.  Paragraph  6 of subdivision 1 of section 7304 of the education
    20  law, as added by chapter 987 of the laws of 1971, is amended to read  as
    21  follows:
    22    (6)  Citizenship  or  immigration  status:   meet no requirement as to
    23  United States citizenship or immigration status;
    24    § 27. Paragraph 6 of subdivision 1 of section 7324  of  the  education
    25  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
    26  as follows:
    27    (6) Citizenship or immigration status: [be a United States citizen  or
    28  an alien lawfully admitted for permanent residence in the United States]
    29  meet  no  requirement  as  to  United  States citizenship or immigration
    30  status;
    31    § 28. Paragraph 6 of subdivision 1 of section 7404  of  the  education
    32  law,  as added by chapter 987 of the laws of 1971, is amended to read as
    33  follows:
    34    (6) Citizenship or immigration status:   meet no  requirements  as  to
    35  United States citizenship or immigration status;
    36    §  29.  Paragraph  6 of subdivision 1 of section 7504 of the education
    37  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    38  as follows:
    39    (6)  Citizenship or immigration status: [be a United States citizen or
    40  an alien lawfully admitted for permanent residence in the United States]
    41  meet no requirement as  to  United  States  citizenship  or  immigration
    42  status;
    43    §  30. Subdivision 6 of section 7603 of the education law, as added by
    44  chapter 987 of the laws of 1971, is amended to read as follows:
    45    (6) Citizenship or immigration status:   meet  no  requirement  as  to
    46  United States citizenship or immigration status;
    47    §  31.  Subdivision 5 of section 7804 of the education law, as amended
    48  by chapter 230 of the laws of 1997, is amended to read as follows:
    49    (5) 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    § 32. Subdivision 1 of section 7806 of the education law,  as  amended
    54  by chapter 230 of the laws of 1997, is amended to read as follows:
    55    1. The department may issue a limited permit to practice massage ther-
    56  apy as a licensed massage therapist, masseur or masseuse to a person who

        S. 3046                             8
 
     1  has  not  previously  held such a permit and who fulfills all except the
     2  examination [and citizenship requirements] requirement  for  a  license,
     3  provided  however  that a permit shall not be issued to a person who has
     4  failed the state licensing examination.
     5    §  33.  Subdivision 6 of section 7904 of the education law, as amended
     6  by chapter 460 of the laws of 2011, is amended to read as follows:
     7    (6) Meet no requirements as to  United  States  citizenship  or  immi-
     8  gration status.
     9    §  34. Paragraph (f) of subdivision 1 of section 8305 of the education
    10  law, as added by chapter 905 of the laws of 1990, is amended to read  as
    11  follows:
    12    (f)  Citizenship  or  immigration status:   meet no requirements as to
    13  United States citizenship or immigration status;
    14    § 35. Paragraph (a) of subdivision 1 of section 110 of  the  alcoholic
    15  beverage  control law, as amended by chapter 114 of the laws of 2000, is
    16  amended to read as follows:
    17    (a) A statement of identity as follows:
    18    (i) If the applicant is an individual, his name, date [and  place]  of
    19  birth,  [citizenship,]  permanent  home  address,  telephone  number and
    20  social security number or individual taxpayer identification number,  as
    21  well  as  any  other  names  by which he has conducted a business at any
    22  time.
    23    (ii) If the applicant is a corporation,  the  corporate  name  of  the
    24  applicant, its place of incorporation, its main business address (and if
    25  such  main  business address is not within the state, the address of its
    26  main place of business within the state), other names by  which  it  has
    27  been  known or has conducted business at any time, its telephone number,
    28  its federal employer identification number, and the names, ages,  [citi-
    29  zenship,]  and  permanent  home addresses of its directors, officers and
    30  its shareholders (except that if there be  more  than  ten  shareholders
    31  then  those shareholders holding ten percent or more of any class of its
    32  shares).
    33    (iii) If the applicant is a partnership, its name, its  main  business
    34  address  (and if such main business address is not within the state, the
    35  address of its main place of business within the state), other names  by
    36  which it has been known or has conducted business at any time, its tele-
    37  phone number, its federal employer identification number, and the names,
    38  ages,  [citizenship,]  and permanent home addresses of each of its part-
    39  ners.
    40    § 36. Subdivision 3 of section 126 of the alcoholic  beverage  control
    41  law is REPEALED.
    42    §  37.  Subdivision 4 of section 126 of the alcoholic beverage control
    43  law, as amended by section 50 of subpart B of part C of  chapter  62  of
    44  the laws of 2011, is amended to read as follows:
    45    4.  A  copartnership or a corporation, unless each member of the part-
    46  nership, or each of the principal officers and directors of  the  corpo-
    47  ration, is [a citizen of the United States or an alien lawfully admitted
    48  for  permanent residence in the United States,] not less than twenty-one
    49  years of age[,] and has not been convicted of any felony or any  of  the
    50  misdemeanors,  specified  in  section  eleven  hundred  forty-six of the
    51  former penal law as in force and effect immediately prior  to  September
    52  first, nineteen hundred sixty-seven, or of an offense defined in section
    53  230.20  or  230.40  of  the  penal law, or if so convicted has received,
    54  subsequent to such conviction, an  executive  pardon  therefor  removing
    55  this  disability a certificate of good conduct granted by the department
    56  of corrections and community supervision, or  a  certificate  of  relief

        S. 3046                             9
 
     1  from disabilities granted by the department of corrections and community
     2  supervision or a court of this state pursuant to the provisions of arti-
     3  cle  twenty-three  of  the correction law to remove the disability under
     4  this section because of such conviction; provided however [that a corpo-
     5  ration  which otherwise conforms to the requirements of this section and
     6  chapter may be licensed if each of its principal officers and more  than
     7  one-half  of  its  directors are citizens of the United States or aliens
     8  lawfully admitted for permanent residence  in  the  United  States;  and
     9  provided  further] that a corporation organized under the not-for-profit
    10  corporation law or the education law which  otherwise  conforms  to  the
    11  requirements  of this section and chapter may be licensed if each of its
    12  principal officers and more than one-half of its directors are not  less
    13  than  twenty-one  years  of  age and none of its directors are less than
    14  eighteen years of age; and provided further that a corporation organized
    15  under the not-for-profit  corporation  law  or  the  education  law  and
    16  located  on  the  premises of a college as defined by section two of the
    17  education law which otherwise  conforms  to  the  requirements  of  this
    18  section  and  chapter  may be licensed if each of its principal officers
    19  and each of its directors are not less than eighteen years of age.
    20    § 38. Section 10 of the general city law, as amended by chapter 133 of
    21  the laws of 1982, is amended to read as follows:
    22    § 10. Licenses to adult blind persons. The mayor  of  any  city  shall
    23  have  the  power  to  issue  a license to any adult blind person for the
    24  vending of goods, or newspapers in such places as  he  or  she  may  set
    25  aside  for  this  purpose. The license shall be issued for a term of one
    26  year and no charge shall be made for the license. A license shall not be
    27  issued to a blind person unless he or she is a resident for three  years
    28  in  the  city  in  which  application for such license is made [and is a
    29  citizen of the United States or an alien lawfully admitted for permanent
    30  residence in the United States].
    31    This license shall be revocable only for cause.
    32    § 39. Paragraph (a) of subdivision 2 of section  3421  of  the  public
    33  health law is REPEALED.
    34    §  40.  Section  41 of the general business law, as amended by chapter
    35  321 of the laws of 1983, is amended to read as follows:
    36    § 41. Licenses, how obtained; penalty for carrying on business without
    37  license. The mayor or such local licensing authority may  from  time  to
    38  time  grant,  under  his or her hand and the official seal of his or her
    39  office, to such [citizens, or aliens  lawfully  admitted  for  permanent
    40  residence  in  the United States,] people as he or she shall deem proper
    41  and who shall produce to him or her satisfactory evidence of their  good
    42  character, a license authorizing such person to carry on the business of
    43  a  collateral  loan  broker,  which license shall designate the house in
    44  which such person shall carry on said business, and  no  person,  corpo-
    45  ration,  partnership or firm shall carry on the business of a collateral
    46  loan broker without being duly licensed, nor in any other house than the
    47  one designated in said license, under a penalty of one  hundred  dollars
    48  for  each day he or she or they shall exercise or carry on said business
    49  without such license or at any other house than the one  so  designated.
    50  Any  person  receiving  such  license shall pay therefor the sum of five
    51  hundred dollars for the use of the city yearly where such business is to
    52  be conducted in a city with  a  population  of  more  than  one  million
    53  persons, and where the business is to be conducted elsewhere the fee for
    54  such  license  shall  not  exceed  two hundred fifty dollars yearly, and
    55  every such license shall expire one year from the date thereof, and  may
    56  be renewed on application to the mayor or local licensing authority each

        S. 3046                            10
 
     1  and  every  year  on payment of the same sum and upon performance of the
     2  other conditions herein contained. Every person so  licensed  shall,  at
     3  the  time  of  receiving such license, file with the mayor or such local
     4  licensing  authority  granting the same a bond to the local authorities,
     5  to be executed by the person so licensed and by  two  responsible  sure-
     6  ties,  in  the penal sum of ten thousand dollars, to be approved by such
     7  mayor or local licensing authority, which bond shall be conditioned  for
     8  the faithful performance of the duties and obligations pertaining to the
     9  business  so  licensed,  and the mayor or such local licensing authority
    10  shall have full power and authority to revoke such license for cause.
    11    § 41. Subdivision 1 of section 341 of the labor  law,  as  amended  by
    12  chapter 461 of the laws of 2006, is amended to read as follows:
    13    1.  No manufacturer or contractor shall engage in the apparel industry
    14  unless he or she registers with the commissioner, in writing, on a  form
    15  provided by the commissioner, which shall contain the following informa-
    16  tion:  whether  it is a sole proprietorship, partnership or corporation,
    17  its name, address and number of production  employees,  the  name,  home
    18  address and social security number or individual taxpayer identification
    19  number  of each owner or partner, or if the registrant is a corporation,
    20  no shares of which are listed on a national securities exchange or regu-
    21  larly quoted in an over-the-counter market by one or more members  of  a
    22  national or an affiliated securities association, of each officer and of
    23  each  of  the  ten largest shareholders thereof, how long it has been in
    24  business, its tax identification number, whether it is a manufacturer or
    25  contractor, the name and address of each person with a financial  inter-
    26  est  in  the  manufacturer's  or contractor's business and the amount of
    27  that interest, except that if the manufacturer or contractor is a  publ-
    28  icly-traded corporation, only the names and addresses of the corporation
    29  officers  shall be required, whether it is in contractual relations with
    30  a labor organization and, if so, the name  and  address  of  such  labor
    31  organization,  a  statement as to whether the registrant or any owner of
    32  or partner in, or if the registrant is a corporation, no shares of which
    33  are listed on a national securities exchange or regularly quoted  in  an
    34  over-the-counter  market  by  one  or  more  members of a national or an
    35  affiliated securities association, any officer or any of the ten largest
    36  shareholders thereof has, within the last three years, been found by any
    37  court or administrative body to have violated this chapter and,  if  so,
    38  the  nature  and  date  of  such  violation  and, if the registrant is a
    39  contractor, whether that contractor subcontracts the cutting  or  sewing
    40  of  apparel  or  sections  or components thereof. Such registration form
    41  shall also require that each owner or partner, or if the registrant is a
    42  corporation, then each officer, submit photographic proof  of  identity.
    43  Divisions,  subsidiary  corporations  or  related  companies may, at the
    44  option of the manufacturer or contractor, be named  and  included  under
    45  one  omnibus registration. Such registration shall be filed on or before
    46  January fifteenth of each year. The commissioner shall issue  a  certif-
    47  icate  of  registration, which shall be effective for a period of twelve
    48  months, upon receipt of a completed registration form accompanied by the
    49  requisite photographic proof of identity  and  documentation  that  such
    50  manufacturer or contractor has paid any surety bond required pursuant to
    51  subdivision  eight  of  section three hundred forty-five of this article
    52  and that a workers' compensation insurance policy is in effect  for  the
    53  registrant's production employees working in New York state. The initial
    54  registration fee shall be two hundred dollars and each subsequent annual
    55  renewal  registration  fee  shall  be  one  hundred  fifty dollars. With
    56  respect to new employers, such registration  shall  be  filed  upon  the

        S. 3046                            11
 
     1  commencement of manufacturing or contracting in the apparel industry and
     2  shall  be  effective  until the following January fifteenth. The commis-
     3  sioner may  pro  rate  the  initial  annual  registration  fee  in  such
     4  instances.
     5    §  42.  Section 460 of the judiciary law, as amended by chapter 226 of
     6  the laws of 1985, is amended to read as follows:
     7    § 460. Examination and admission of attorneys. An applicant for admis-
     8  sion to practice as an attorney or counsellor in  this  state,  must  be
     9  examined  and  licensed to practice as prescribed in this chapter and in
    10  the rules of the court of appeals.  Race, creed, color, national origin,
    11  alienage [or], sex or federal immigration  status  shall  constitute  no
    12  cause for refusing any person examination or admission to practice.
    13    §  43.  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    § 44. This act shall take effect on  the  one  hundred  eightieth  day
    20  after  it  shall have become a law; provided however, that section twen-
    21  ty-five of this act shall take effect on the same date and in  the  same
    22  manner as chapter 322 of the laws of 2019 takes effect.  Effective imme-
    23  diately, the addition, amendment and/or repeal of any rule or regulation
    24  necessary  for  the implementation of this act on its effective date are
    25  authorized to be made and completed on or before such effective date.
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