Enacts the military spouse act of 2010

Summary of specific provisions

Section one of the bill enacts compo- nents of legislation relating to the "Military Spouse Act of 2010." Each component is wholly contained within a part identified as Parts A through D.

Section two of the bill contains the severability clause.

Section three of the bill contains the general effective date of this act.

PART A

Section one directs state agencies to help spouses of members of the armed forces to transfer professional certifications to their new home state.

Section two establishes a workgroup between the department of labor and division affairs to identify licensing, requirements for workforce shor- tage areas and to study, in conjunction with relevant licensing enti- ties, whether comparable military training could substitute for current licensing requirements, and manners in which state agencies, regulatory bodies and licensing entities can adopt procedures sensitive to the difficulties encountered by military spouses.

Section three states the effective date.

PART B

Section one adds a new paragraph f to subdivision 1 of section 3006 of the education law which reads that an alternative placement certificate may be issued to any person who meets the eligibility requirements of the troops for teachers program Operated by the United States department of defense.

Section two adds a new section 3008-a to the education law creating an alternative teacher certification. The commissioner shall issue a one- year, nonrenewable middle or secondary level alternative teaching certification to teach to any person who has attained certification by

an alternative teacher certification organization as set forth in subdi- vision three of this section and has met the requirements of section three thousand four-b of this article. The organization shall require candidates to hold a bachelor's degree, pass a professional teaching knowledge exam, pass a subject area exam and pass a background check. The organization shall provide candidates with access to workshops, an experienced teacher-advisor and require an extensive mentoring and induction program.

Section three states the effective date.

PART C

Section one amends the education law by adding a new section 6911, to adopt the interstate nurse licensure compact.

Section two states the effective date.

PART D

Section one amends section 6501 of the education law to read that any applicant who is the spouse of a member of the armed forces of the United States, national guard or reserves may submit satisfactory evidence of licensure to practice an equivalent occupation issued by any other state, territory, protectorate or dependency of the United States in lieu of the submissions required by the article of this chapter for the particular profession, provided that such license was granted in compliance with standards which were, in the judgment of the board of regents, not lower than those of this state.

Section two adds a new article 2-A to the general business law, admis- sion to a profession, stating that any applicant who is the spouse of a member of the armed forces of the United States, national guard or reserves may submit satisfactory evidence of licensure to practice an equivalent occupation issued by any other state, territory, protectorate or dependency of the United States in lieu of the submissions required by this chapter for the particular profession.

Section three amends subdivision d of section 2136 of the insurance law to read that the applicant's home state awards nonresident insurance producer licenses to residents of this state on the same basis as provided in this subsection or the applicant is a spouse of a member of the armed forces of the United States, national guard or reserves.

Section four adds a new subdivision 1-a to section 442-g of the real property tax law to read that the commission shall recognize the license issued by another state to an applicant who is the spouse of a member of the armed forces of the United States, national guard or reserves, provided that such license was granted in compliance with standards which were, in the judgment of the board of secretary, not lower than those of this state.

Section five adds a new subdivision 2-a to section 444-e of the real property law to to read that the commission shall recognize the license issued by another state to an applicant who is the spouse of a member of the armed forces of the United States, national guard or reserves, provided that such license was granted in compliance with standards which were, in the judgment of the board of secretary, not lower than those of this state.

Section six states the effective date.

Justification

This legislation is recommended by the Office of the Deputy Under Secretary of Defense for military Community and Family Policy as part of their top ten priorities for States, which are key quality Of life issues for service members and families. New York State lags behind other States in adoption of these legislative remedies.

Frequent moves and cumbersome licensing and certification requirements limit career options for military spouses. Inconsistent licensing requirements from state to state and a lack of portable employment opportunities inhibit military spouse career development.

The desired outcome is that states provide alternative certifications, expedite licensing procedures to support portable careers, and employ other considerations for the unique needs of working military spouses.

In order to Enhance Opportunities for Portable Careers for Military Spouses, New York can support military spouses through alternative certifications, reciprocal licensing agreements, out of state license recognition, education and training opportunities, and nationally recog- nized standards or exams for licensure in portable careers such as health services, education and financial services.

Eight states now authorize the American Board for Certification of Teacher Excellence program and twenty-three states have adopted the Nurse Licensure Compact or made a similar provision for transferring nurses. This legislation would enact both these measures.

In addition, this legislation would expand beyond this scope to address other opportunities for streamlining certification and licensure in cosmetology, health services, education, financial services and other occupational areas that military spouses are choosing or may wish to choose for career options.

According to the United States Department of Defense-State Liaison Office, this legislation is in keeping with the 'best practices' language prescribed by the Department of Defense to partner with States to support military families.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately, provided, howev- er, that the applicable effective date of Parts A through D of this act shall be as specifically set forth in the last section of such parts.