Provides for the licensing of the spouse of military personnel with out of state professional licenses

Summary of provisions

Section One - Section 6501 of the education law, as amended by chapter 81 of the laws of 1995, is amended to allow any applicant who is the spouse of a member of the armed forces of the United States, national guard or reserves to submit 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.

Section Two - The general business law is amended by adding a new article 2-A which states any applicant who is the spouse of a member of the armed forces of the United States, national guard or reserves may submit evidence of licensure, certification or registration to practice an equivalent occupation issued by any other state in lieu of other submissions required.

Section Three - Subsection (d) of section 2136 of the insurance law, as added by chapter 687 of the laws of 2003, is amended to include the spouse of a member of the armed forces of the United States, national guard or reserves.

Section Four - Section 442-g of the real property law is amended by adding a new subdivision 1a to include specific residency matters pertaining to real estate licenses of military spouses.

Section Five - Section 444-e of the real property law is amended by adding a new subdivision 2a to allow any applicant for license who is a spouse of a member of the armed forces of the United States, national guard or reserves to submit a signed affidavit to provide satisfactory verifying evidence of licensure to practice an equivalent occupation issued by any other state, in lieu of the evidence of education, experience and examination required. The secretary has the authority to issue a license or find reasonable cause that the applicant falsely affirmed verification and suspend or revoke said license.

Section Six - is the severability clause.

Section Seven - This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

Justification

According to the USA4 Military Families website, many occupations require a state license, often with state-specific conditions and processes, which can cause lengthy reemployment delays for military spouses moving between states. These delays and the expense of re-licensure cause many military spouses to not practice in their professions. Through collaborative efforts with 27 states, the Department of Defense has collected best practices that can reduce the time required for a military spouse to transfer a current license when entering a new state. These practices do not impact the standards of the state, still require military spouses to fully qualify within their occupations, and can be implemented at little or no cost to the state. This legislation allows New York State to modify licensing requirements and processes, which would otherwise impede qualified military spouses from becoming employed following a military move to a new state.

Legislative history

New legislation.

Fiscal implications

None too State.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.