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A10633 Summary:

BILL NOA10633
 
SAME ASSAME AS S08481
 
SPONSORRules (Cruz)
 
COSPNSR
 
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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A10633 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10633
 
SPONSOR: Rules (Cruz)
  TITLE OF BILL: 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   PURPOSE: To eliminate discrimination against immigrant New Yorkers in profes- sional, occupational, commercial, or business licenses and promote economic vitality.   SUMMARY OF SPECIFIC PROVISIONS: Section one provides that this act shall be known and may be cited as the "New York is Our Home Act." Section two adds article 4-D to the civil rights law as an affirmative enactment that no applicant shall be denied a professional, occupa- tional, commercial, or business license, permit, certificate, or any other substantially similar permission, or related registration, on account of their citizenship or immigration status, or lack thereof. It further provides that such licenses shall be maximally accessible to immigrant New Yorkers, including through consideration of alternative experience and removal of English-language barriers, as is permitted by law and while maintaining professional, occupational, commercial, or business quality. It also allows for the provision of an individual taxpayer identification number whenever an identification number, such as a social security number, would be otherwise required, without Inquiring into the unavailability of a social security number. Lastly, it protects sensitive information and documents: *Information or documents related to an applicant's citizenship or immi- gration status, or lack thereof, shall not be not solicited. *Information or documents that may be probative of an applicant's place of birth, except a social security number/card or individual taxpayer identification number/card, are only solicited when necessary to estab- lish age, if relevant, or identity, and a New York driver's license or learner's permit, or similar document issued by another state, district, or territory within the United States, shall be sufficient for such purposes. *Originals or copies of any documents that may be probative of an appli- cant's place of birth are retained only for as long as is required to review the application. *To the maximum extent allowed by applicable federal and state law, information or documents that may be probative of an applicant's place of birth shall be treated as confidential and not subject to disclosure unless at the request of the individual to whom such information pertains (or parent or legal guardian) or as is necessary to comply with a court order, judicial warrant, or subpoena. Individuals shall be provided with a copy of any court order, judicial warrant, or subpoena for information or documents pertaining to them within three business days of receipt and only what is specifically sought shall be disclosed. if confidential information or documents must be disclosed to another state entity pursuant to state law, the receiving entity shall have the same obligation to maintain confidentiality and protect against disclo- sure. For the avoidance of doubt, electronically stored information and documents are included-even passive electronic access by non-authorized parties is prohibited. Section three amends the freedom of information law to make clear that information that might indicate an applicant's citizenship or immi- gration status is not subject to disclosure as it would constitute an unwarranted invasion of personal privacy. Sections four through thirty-eight amend the tax law, general obli- gations law, education law, alcoholic beverage control law, general city law, unconsolidated laws, public health law, general business law, and judiciary law to make conforming changes. Section thirty-nine contains a severability clause. Section forty states that the law shall become effective on the one hundred eightieth day, but that any addition, amendment and/or repeal of rule or regulation necessary for implementation is authorized immediate- ly.   JUSTIFICATION: The number of jobs requiring licenses has increased dramatically over the past 60 years. Currently, over 1,100 different occupations require a license and approximately 25 percent of all workers nationwide are required to obtain a license in order to work in their occupations. Examples of impacted New Yorkers include attorneys, nurses, massage therapists, landscape architects, barbers, real estate brokers, food salvagers, and teachers. Talented and otherwise qualified applicants are currently precluded from acquiring certain professional licenses, permits, certifications, and registrations in the State of New York due to lack of citizenship or immigration status. New York is home to about 4.5 million immigrants, and of those over 700,000 are undocumented. Of those 700,000 undocumented people, over 20,000 of them are Deferred Action for Childhood Arrivals ("DACA") recipients. While New York has enacted some policies' that enable immi- grants with work authorization to access certain professional licenses, many qualified DACA recipients and other noncitizens who have been locked out of a pathway to status by the Trump Administration are left out. With DACA and other similar programs under imminent threat of termination, it is critical for New York to ensure immigrants can continue to be an integral part of the state's workforce and economy. More than one third of adult immigrants in New York have a college degree or more education. Without access to occupational and profes- sional licenses and business registration, however, many of these indi- viduals will not be able to pursue careers in occupations in which they are trained, depriving individuals and the State from fully benefiting from their skills. Other noncitizens forego higher education or special- ized training because of licensing restrictions. Licensure barriers for noncitizens also prevent the State from benefit- ing from the full tax revenue of noncitizens, as the inability to obtain licenses constricts noncitizen incomes. On average, licensed workers earn higher wages and hold increased job security. New York, where nearly a quarter of all tax revenue comes from the contributions of immigrants, this lost tax revenue is especially significant. This act addresses the compelling need to remove the citizenship and immigration status requirements for the acquisition of professional, occupational, commercial, and business licenses, for noncitizen appli- cants, as they do not comport with prevailing principles underlying jurisprudence of equity and fairness, and undermine New York's efforts to promote economic growth and support immigrant communities. Our state recognizes the value of providing every New Yorker with the opportunity to apply for and acquire licenses, permits, certifications, and regis- trations they are otherwise qualified for.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such date.
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A10633 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10633
 
                   IN ASSEMBLY
 
                                      June 10, 2020
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Cruz) --
          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.
    18    § 49-a. Nondiscrimination and extension of licenses. 1.  Notwithstand-
    19  ing any other provision of law, no applicant shall be denied  a  license
    20  on account of the applicant's citizenship or immigration status, or lack
    21  thereof.
    22    2.  Issuing  and  registering entities shall review license qualifica-
    23  tions and application processes to ensure maximum accessibility to immi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16412-03-0

        A. 10633                            2
 
     1  grant New Yorkers  while  maintaining  necessary  professional,  occupa-
     2  tional,  commercial  or  business  quality.    Where  a provision of law
     3  requires that licenses be granted only  to  applicants  with  sufficient
     4  work  experience, substantially equivalent experience, including but not
     5  limited to voluntary internships or externships,  research  fellowships,
     6  experience  as  a  consultant,  or experience obtained in another state,
     7  district or territory of the United States, or  in  a  foreign  country,
     8  shall be accepted. When English-language proficiency is not necessary to
     9  maintain  professional,  occupational,  commercial, or business quality,
    10  the application process, including any  related  examination,  shall  be
    11  made accessible in an applicant's primary language.
    12    §  49-b.  Application;  confidentiality.  1. Notwithstanding any other
    13  provision of law, no issuing or registering entity shall inquire into an
    14  applicant's citizenship or immigration  status,  or  lack  thereof,  nor
    15  shall it ask an applicant for proof of such status, or lack thereof.
    16    2.  Issuing or registering entities shall not inquire regarding infor-
    17  mation or documents that may be probative of  an  applicant's  place  of
    18  birth,  including,  but  not  limited  to, country of passport issuance,
    19  birth certificate, consular identification card, or passport,  with  the
    20  exception  of a social security number or social security card, or indi-
    21  vidual taxpayer identification number or individual taxpayer identifica-
    22  tion card, unless such information or document is necessary to establish
    23  age, if relevant, or identity. A New York driver's license or  learner's
    24  permit, or similar document issued by another state, district, or terri-
    25  tory  within  the  United  States,  shall be sufficient to establish age
    26  and/or identity.
    27    3. Whenever an applicant for a license is asked to  provide  a  social
    28  security  number  or  social security card, an individual taxpayer iden-
    29  tification number or individual taxpayer identification  card  shall  be
    30  sufficient.  No  issuing  or  registering  entity shall inquire into the
    31  reasons why an applicant does not provide a social  security  number  or
    32  social  security  card,  nor shall it ask the applicant for proof of the
    33  lack of a social security number or social  security  card.    No  other
    34  entity  that receives information from such issuing or registering enti-
    35  ty, including but not limited to the department of taxation and finance,
    36  shall inquire of the issuing or registering entity regarding such infor-
    37  mation or proof.
    38    4. (a) The issuing or registering entity shall not retain originals or
    39  copies of any documents that may be probative of an applicant's place of
    40  birth, including, but not limited to, an applicant's birth  certificate,
    41  consular  identification  card, passport, social security card, or indi-
    42  vidual taxpayer identification number card, for  longer  than  the  time
    43  needed  to  review  the  application.  Nothing  in  this paragraph shall
    44  prevent the issuing or registering entity from retaining documents where
    45  such documents are required by law to be preserved for the  purposes  of
    46  litigation.
    47    (b) To the maximum extent allowed by applicable federal and state law,
    48  information  or  documents  collected by issuing or registering entities
    49  that may be probative of an applicant's place of birth,  including,  but
    50  not  limited to, country of passport issuance, birth certificate, consu-
    51  lar identification card, passport,  social  security  number  or  social
    52  security  card, or individual taxpayer identification number or individ-
    53  ual taxpayer identification card, shall be treated as  confidential  and
    54  shall not be disclosed unless such disclosure is:

        A. 10633                            3
 
     1    (i)  Authorized  in writing by the individual to whom such information
     2  pertains, or if such individual is a minor or is otherwise  not  legally
     3  competent, by such individual's parent or legal guardian; or
     4    (ii)  Necessary  to comply with a lawful court order, judicial warrant
     5  signed by a judge appointed pursuant to  article  three  of  the  United
     6  States Constitution, or properly-issued subpoena.
     7    (c)  To the extent disclosure of confidential information and/or docu-
     8  ments to another state entity is required pursuant to  state  law,  such
     9  information  and/or  documents  shall be treated as confidential and not
    10  further disclosed by the receiving entity, consistent with the  require-
    11  ments of paragraph (b) of this subdivision.
    12    (d) Whenever disclosure is permitted pursuant to court order, warrant,
    13  or  subpoena,  the issuing or registering entity shall provide the indi-
    14  vidual to whom the information and/or documents pertain with a  copy  of
    15  the  court order, warrant, or subpoena within three business days of its
    16  receipt. Only such information or documents specifically sought pursuant
    17  to such court order, warrant, or subpoena shall be disclosed.
    18    (e) All issuing or registering entities, and any  other  state  entity
    19  that may subsequently receive confidential information and/or documents,
    20  shall  ensure any information and/or documents that are stored electron-
    21  ically, including but not limited to in databases,  shall  be  compliant
    22  with the provisions of paragraph (b) of this subdivision.  Passive elec-
    23  tronic  access  to confidential information and/or documents by external
    24  individuals or entities, when  disclosure  is  not  otherwise  permitted
    25  pursuant  to  paragraph  (b)  of  this  subdivision, shall constitute an
    26  unlawful disclosure.
    27    § 3. Subparagraphs vii and viii of paragraph (b) of subdivision  2  of
    28  section  89  of the public officers law, as amended by section 2 of part
    29  GGG of chapter 59 of the laws of 2019, are amended to read as follows:
    30    vii. disclosure of electronic contact information, such as  an  e-mail
    31  address  or  a  social  network username, that has been collected from a
    32  taxpayer under section one hundred four of the real  property  tax  law;
    33  [or]
    34    viii.  disclosure  of law enforcement arrest or booking photographs of
    35  an individual, unless public release of such photographs  will  serve  a
    36  specific  law enforcement purpose and disclosure is not precluded by any
    37  state or federal laws; or
    38    ix. disclosure of  information  obtained  through  application  for  a
    39  professional,  occupational,  commercial,  or  business license, permit,
    40  certificate, or any substantially similar permission, or related  regis-
    41  tration,  that might indicate the applicant's citizenship or immigration
    42  status.
    43    § 4. Subdivision 2 and subparagraph 3 of paragraph (a) of  subdivision
    44  3  of section 5 of the tax law, as amended by chapter 170 of the laws of
    45  1994, are amended to read as follows:
    46    2. Requiring information. Notwithstanding any other provision of  law,
    47  every  covered  agency  shall,  as  part  of the procedure for granting,
    48  renewing, amending, supplementing or restating the license of any person
    49  or at the time the covered agency contracts  to  purchase  or  purchases
    50  goods  or  services or leases real or personal property from any person,
    51  require that each  such  person  provide  to  the  covered  agency  such
    52  person's  federal  social security account number [or], federal employer
    53  identification number, or [both such numbers when such person  has  both
    54  such  numbers,  or,  where  such  person  does  not  have such number or
    55  numbers, the reason or reasons why such person does not have such number
    56  or numbers] the federal individual taxpayer identification number.  Such

        A. 10633                            4

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

        A. 10633                            5
 
     1    § 9. Subdivision 6 of section 6554 of the education law, as amended by
     2  chapter 133 of the laws of 1982, is amended to read as follows:
     3    (6)  Citizenship or immigration status: [be a United States citizen or
     4  an alien lawfully admitted for permanent residence in the United States]
     5  meet no requirement as  to  United  States  citizenship  or  immigration
     6  status;
     7    §  10.  Subdivision 6 of section 6604 of the education law, as amended
     8  by chapter 403 of the laws of 2002, is amended to read as follows:
     9    (6) Citizenship or immigration status: [be a United States citizen  or
    10  an alien lawfully admitted for permanent residence in the United States;
    11  provided,  however,  that  the  board  of regents may grant a three year
    12  waiver for an alien to practice in an area which has been  designated  a
    13  federal  dental  health professions shortage area, except that the board
    14  of regents may grant an additional extension not to exceed six years  to
    15  an  alien  to enable him or her to secure citizenship or permanent resi-
    16  dent status, provided such status is being  actively  pursued]  meet  no
    17  requirement as to United States citizenship or immigration status;
    18    §  11.  Subdivision 7 of section 6604-b of the education law, as added
    19  by chapter 537 of the laws of 2008, is amended to read as follows:
    20    7. In order to be eligible for a restricted dental faculty license  an
    21  applicant must [be a United States citizen or an alien lawfully admitted
    22  for  permanent  residence  in the United States; provided, however, that
    23  the department may grant a three year waiver for an alien who  otherwise
    24  meets  all  other  requirements  for a restricted dental faculty license
    25  except that the department may grant  an  additional  extension  not  to
    26  exceed  six years to an alien to enable him or her to secure citizenship
    27  or permanent resident status, provided such  status  is  being  actively
    28  pursued]  meet  no  requirement as to United States citizenship or immi-
    29  gration status. No current faculty member  shall  be  displaced  by  the
    30  holder of a restricted dental faculty license.
    31    §  12.  Subdivision 6 of section 6609 of the education law, as amended
    32  by chapter 403 of the laws of 2002, is amended to read as follows:
    33    (6) Citizenship or immigration status: [be a United States citizen  or
    34  an alien lawfully admitted for permanent residence in the United States;
    35  provided,  however,  that  the  board  of regents may grant a three year
    36  waiver for an alien to practice in an area which has been  designated  a
    37  federal  dental  health professions shortage area, except that the board
    38  of regents may grant an additional extension not to exceed six years  to
    39  an  alien  to enable him or her to secure citizenship or permanent resi-
    40  dent status, provided such status is being  actively  pursued]  meet  no
    41  requirement as to United States citizenship or immigration status;
    42    §  13.  Subdivision 6 of section 6704 of the education law, as amended
    43  by chapter 201 of the laws of 2007, is amended to read 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  provided,  however that the board of regents may grant a one-time three-
    47  year waiver for a veterinarian who otherwise meets the  requirements  of
    48  this  article and who has accepted an offer to practice veterinary medi-
    49  cine in a county in the state which  the  department  has  certified  as
    50  having  a shortage of qualified applicants to fill existing vacancies in
    51  veterinary medicine, and provided further that the board of regents  may
    52  grant  an extension of such three-year waiver of not more than one year]
    53  meet no requirement as  to  United  States  citizenship  or  immigration
    54  status;
    55    §  14.  Subdivision 6 of section 6711 of the education law, as amended
    56  by chapter 80 of the laws of 2000, is amended to read as follows:

        A. 10633                            6

     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  provided,  however that the board of regents may grant a one-time three-
     4  year waiver for an animal health  technician  who  otherwise  meets  the
     5  requirements  of  this  article  and  provided further that the board of
     6  regents may grant an extension of such three-year  waiver  of  not  more
     7  than  one  year]  meet no requirement as to United States citizenship or
     8  immigration status;
     9    § 15. Subdivision 1 of section 6711-a of the education law, as amended
    10  by chapter 333 of the laws of 1990, is amended to read as follows:
    11    1. Eligibility. Persons shall be eligible for  a  limited  permit  who
    12  fulfill all requirements for a license as a veterinary technician except
    13  those  relating  to  the examination [and citizenship or permanent resi-
    14  dence in the United States].
    15    § 16. Paragraph 6 of subdivision 1 of section 6805  of  the  education
    16  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
    17  as follows:
    18    (6) Citizenship or immigration status: [be a United States citizen  or
    19  an alien lawfully admitted for permanent residence in the United States]
    20  meet  no  requirement  as  to  United  States citizenship or immigration
    21  status;
    22    § 17. Subdivision 6 of section 6905 of the education law,  as  amended
    23  by  chapter  994  of the laws of 1971 and as renumbered by chapter 50 of
    24  the laws of 1972, is amended to read as follows:
    25    (6) Citizenship or immigration  status:  meet  no  requirement  as  to
    26  United States citizenship or immigration status;
    27    §  18.  Subdivision 6 of section 6906 of the education law, as amended
    28  by chapter 330 of the laws of 1981, is amended to read as follows:
    29    (6) Citizenship or immigration status:  meet  no  requirements  as  to
    30  United States citizenship or immigration status;
    31    §  19. Subdivision 6 of section 6955 of the education law, as added by
    32  chapter 327 of the laws of 1992, is amended to read as follows:
    33    6. Citizenship or immigration status: [be a United States  citizen  or
    34  an alien lawfully admitted for permanent residence in the United States]
    35  meet  no  requirement  as  to  United  States citizenship or immigration
    36  status.
    37    § 20. Subdivision 6 of section 7004 of the education law, as added  by
    38  chapter 987 of the laws of 1971, is amended to read as follows:
    39    (6)  Citizenship  or  immigration status:   meet no requirements as to
    40  United States citizenship or immigration status;
    41    § 21. Subdivision 6 of section 7104 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    § 22. Paragraph 6 of subdivision a of section 7124  of  the  education
    46  law,  as  amended by chapter 475 of the laws of 1973, is amended to read
    47  as follows:
    48    (6) Citizenship or immigration status:   meet  no  requirement  as  to
    49  United States citizenship or immigration status;
    50    §  23.  Paragraph  6 of subdivision 1 of section 7206 of the education
    51  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    52  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  meet no requirement as  to  United  States  citizenship  or  immigration
    56  status;

        A. 10633                            7
 
     1    §  24. Paragraph 6 of subdivision 1 of section 7206-a of the education
     2  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
     3  as follows:
     4    (6)  Citizenship or immigration status: [be a United States citizen or
     5  an alien lawfully admitted for permanent residence in the United States]
     6  meet no  requirements  as  to  United States citizenship or  immigration
     7  status;
     8    §  25. Paragraph 6 of subdivision 1 of section 7206-a of the education
     9  law, as amended by chapter 322 of the laws of 2019, is amended  to  read
    10  as follows:
    11    (6)  Citizenship or immigration status: [be a United States citizen or
    12  an alien lawfully admitted for permanent residence in the United States]
    13  meet no requirements as to  United  States  citizenship  or  immigration
    14  status;
    15    §  26.  Paragraph  6 of subdivision 1 of section 7304 of the education
    16  law, as added by chapter 987 of the laws of 1971, is amended to read  as
    17  follows:
    18    (6)  Citizenship  or  immigration  status:   meet no requirement as to
    19  United States citizenship or immigration status;
    20    § 27. Paragraph 6 of subdivision 1 of section 7324  of  the  education
    21  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
    22  as follows:
    23    (6) Citizenship or immigration status: [be a United States citizen  or
    24  an alien lawfully admitted for permanent residence in the United States]
    25  meet  no  requirement  as  to  United  States citizenship or immigration
    26  status;
    27    § 28. Paragraph 6 of subdivision 1 of section 7404  of  the  education
    28  law,  as added by chapter 987 of the laws of 1971, is amended to read as
    29  follows:
    30    (6) Citizenship or immigration status:   meet no  requirements  as  to
    31  United States citizenship or immigration status;
    32    §  29.  Paragraph  6 of subdivision 1 of section 7504 of the education
    33  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    34  as follows:
    35    (6)  Citizenship or immigration status: [be a United States citizen or
    36  an alien lawfully admitted for permanent residence in the United States]
    37  meet no requirement as  to  United  States  citizenship  or  immigration
    38  status;
    39    §  30. Subdivision 6 of section 7603 of the education law, as added by
    40  chapter 987 of the laws of 1971, 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    §  31.  Subdivision 5 of section 7804 of the education law, as amended
    44  by chapter 230 of the laws of 1997, is amended to read as follows:
    45    (5) Citizenship or immigration status: [be a United States citizen  or
    46  an alien lawfully admitted for permanent residence in the United States]
    47  meet  no  requirement  as  to  United  States citizenship or immigration
    48  status;
    49    § 32. Subdivision 1 of section 7806 of the education law,  as  amended
    50  by chapter 230 of the laws of 1997, is amended to read as follows:
    51    1. The department may issue a limited permit to practice massage ther-
    52  apy as a licensed massage therapist, masseur or masseuse to a person who
    53  has  not  previously  held such a permit and who fulfills all except the
    54  examination [and citizenship requirements] requirement  for  a  license,
    55  provided  however  that a permit shall not be issued to a person who has
    56  failed the state licensing examination.

        A. 10633                            8

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

        A. 10633                            9

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

        A. 10633                           10
 
     1  to be executed by the person so licensed and by  two  responsible  sure-
     2  ties,  in  the penal sum of ten thousand dollars, to be approved by such
     3  mayor or local licensing authority, which bond shall be conditioned  for
     4  the faithful performance of the duties and obligations pertaining to the
     5  business  so  licensed,  and the mayor or such local licensing authority
     6  shall have full power and authority to revoke such license for cause.
     7    § 41. Subdivision 1 of section 341 of the labor  law,  as  amended  by
     8  chapter 461 of the laws of 2006, is amended to read as follows:
     9    1.  No manufacturer or contractor shall engage in the apparel industry
    10  unless he or she registers with the commissioner, in writing, on a  form
    11  provided by the commissioner, which shall contain the following informa-
    12  tion:  whether  it is a sole proprietorship, partnership or corporation,
    13  its name, address and number of production  employees,  the  name,  home
    14  address and social security number or individual taxpayer identification
    15  number  of each owner or partner, or if the registrant is a corporation,
    16  no shares of which are listed on a national securities exchange or regu-
    17  larly quoted in an over-the-counter market by one or more members  of  a
    18  national or an affiliated securities association, of each officer and of
    19  each  of  the  ten largest shareholders thereof, how long it has been in
    20  business, its tax identification number, whether it is a manufacturer or
    21  contractor, the name and address of each person with a financial  inter-
    22  est  in  the  manufacturer's  or contractor's business and the amount of
    23  that interest, except that if the manufacturer or contractor is a  publ-
    24  icly-traded corporation, only the names and addresses of the corporation
    25  officers  shall be required, whether it is in contractual relations with
    26  a labor organization and, if so, the name  and  address  of  such  labor
    27  organization,  a  statement as to whether the registrant or any owner of
    28  or partner in, or if the registrant is a corporation, no shares of which
    29  are listed on a national securities exchange or regularly quoted  in  an
    30  over-the-counter  market  by  one  or  more  members of a national or an
    31  affiliated securities association, any officer or any of the ten largest
    32  shareholders thereof has, within the last three years, been found by any
    33  court or administrative body to have violated this chapter and,  if  so,
    34  the  nature  and  date  of  such  violation  and, if the registrant is a
    35  contractor, whether that contractor subcontracts the cutting  or  sewing
    36  of  apparel  or  sections  or components thereof. Such registration form
    37  shall also require that each owner or partner, or if the registrant is a
    38  corporation, then each officer, submit photographic proof  of  identity.
    39  Divisions,  subsidiary  corporations  or  related  companies may, at the
    40  option of the manufacturer or contractor, be named  and  included  under
    41  one  omnibus registration. Such registration shall be filed on or before
    42  January fifteenth of each year. The commissioner shall issue  a  certif-
    43  icate  of  registration, which shall be effective for a period of twelve
    44  months, upon receipt of a completed registration form accompanied by the
    45  requisite photographic proof of identity  and  documentation  that  such
    46  manufacturer or contractor has paid any surety bond required pursuant to
    47  subdivision  eight  of  section three hundred forty-five of this article
    48  and that a workers' compensation insurance policy is in effect  for  the
    49  registrant's production employees working in New York state. The initial
    50  registration fee shall be two hundred dollars and each subsequent annual
    51  renewal  registration  fee  shall  be  one  hundred  fifty dollars. With
    52  respect to new employers, such registration  shall  be  filed  upon  the
    53  commencement of manufacturing or contracting in the apparel industry and
    54  shall  be  effective  until the following January fifteenth. The commis-
    55  sioner may  pro  rate  the  initial  annual  registration  fee  in  such
    56  instances.

        A. 10633                           11
 
     1    §  42.  Section 460 of the judiciary law, as amended by chapter 226 of
     2  the laws of 1985, is amended to read as follows:
     3    § 460. Examination and admission of attorneys. An applicant for admis-
     4  sion  to  practice  as  an attorney or counsellor in this state, must be
     5  examined and licensed to practice as prescribed in this chapter  and  in
     6  the rules of the court of appeals.  Race, creed, color, national origin,
     7  alienage  [or],  sex  or  federal immigration status shall constitute no
     8  cause for refusing any person examination or admission to practice.
     9    § 43. Severability. If any provision of this act, or  any  application
    10  of  any  provision  of  this  act, is held to be invalid, that shall not
    11  affect the validity or effectiveness of any other provision of this act,
    12  or of any other application of any provision of this act, which  can  be
    13  given effect without that provision or application; and to that end, the
    14  provisions and applications of this act are severable.
    15    §  44.  This  act  shall  take effect on the one hundred eightieth day
    16  after it shall have become a law; provided however, that  section  twen-
    17  ty-five  of  this act shall take effect on the same date and in the same
    18  manner as chapter 322 of the laws of 2019 takes effect.  Effective imme-
    19  diately, the addition, amendment and/or repeal of any rule or regulation
    20  necessary for the implementation of this act on its effective  date  are
    21  authorized to be made and completed on or before such effective date.
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