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S1207Senate2019-2020 Session

Speed Licensing for Military Spouses

Official title

“Relates to expedited licensing or certification for certain professions by military spouses”

Sponsor Patty RitchieSD-48Affects Legal
Status
In Senate Committee
Judiciary
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill requires New York to expedite professional licensing and reduce application fees for military spouses relocating due to service, including issuing temporary practice permits.

Why it matters

  1. Reduces professional, licensing, and registration barriers for military spouses. relocating to New York by requiring expedited review and recognition of out-of-state credentials for a wide range of professions—meaning less time and fewer obstacles before they can work.

  2. Creates temporary practice permits. for military spouses who are waiting for certain verification documents, allowing them to work under supervision while their full New York license or registration is processed. This minimizes employment gaps and financial strain during periods of transition.

  3. Mandates a 50% reduction in initial application fees. for military spouses, directly lowering the cost of entering the New York workforce, which may be especially significant for families frequently moving due to military service.

  4. Imposes strict regulatory oversight on temporary permit holders. , ensuring that while pathways are eased, military spouses working under these provisions remain subject to New York’s full disciplinary and regulatory standards, protecting consumer and public interests.

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Who cares

Headline styles

Speed Licensing for Military Spouses

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patty Ritchie

Senator · Senate District 48

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Referred to judiciary

Full text

9 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1207

2019-2020 Regular Sessions

IN SENATE

January 11, 2019

Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, the general business law, the executive law, and the arts and cultural affairs law, in relation to expedited licensing or certification for certain professions by military spouses

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 446-b of the real property law is amended by adding a new subdivision 8 to read as follows:

8. (a) Notwithstanding any provision of law to the contrary, any applicant seeking to qualify for a license pursuant to this article who is the spouse of an active duty member of the armed forces of the United States, national guard or reserves as defined in 10 U.S.C. sections 1209 and 1211, and such spouse is transferred by the military to this state shall be afforded an expedited review of his or her application for licensure. Such application shall be on a form prescribed by the department of state and shall include an attestation by the applicant of the military status of his or her spouse and any other such supporting documentation that such department may require. Upon review of such application, the department of state shall issue a license to the applicant if the applicant holds a license in good standing in another state and in the opinion of such department, the requirements for licensure of such other state are substantially equivalent to the requirements for licensure in this state.

(b) In addition to the expedited review granted in paragraph (a) of this subdivision, an applicant who provides satisfactory documentation that he or she holds a license in good standing from another state, may request the issuance of a temporary practice permit, which, if granted will permit the applicant to work under the supervision of a New York state licensee in accordance with regulations of the secretary of state.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05036-01-9

S. 1207 2

The department of state may grant such temporary practice permit when it appears based on the application and supporting documentation received that the applicant will meet the requirements for licensure in this state because he or she holds a license in good standing from another state with significantly comparable licensure requirements to those of this state, except the department of state has not been able to secure direct source verification of the applicant's underlying credentials (e.g., receipt of original transcript, experience verification). Such permit shall be valid for six months or until ten days after notification that the applicant does not meet the qualifications for licensure. An additional six months may be granted upon a determination by the department of state that the applicant is expected to qualify for the full license upon receipt of the remaining direct source verification documents requested by the department of state in such time period and that the delay in providing the necessary documentation for full licensure was due to extenuating circumstances which the military spouse could not avoid.

(c) A temporary practice permit issued under paragraph (b) of this subdivision shall be subject to the full disciplinary and regulatory authority of the department of state, pursuant to this article, as if such authorization were a license issued under this article.

(d) The department of state shall reduce the initial licensure application fee by one-half for any application submitted by a military spouse under this subdivision.

§ 2. Section 444-e of the real property law is amended by adding a new subdivision 5 to read as follows:

5. (a) Notwithstanding any provision of law to the contrary, any applicant seeking to qualify for a license pursuant to this article who is the spouse of an active duty member of the armed forces of the United States, national guard or reserves as defined in 10 U.S.C. sections 1209 and 1211, and such spouse is transferred by the military to this state shall be afforded an expedited review of his or her application for licensure. Such application shall be on a form prescribed by the department and shall include an attestation by the applicant of the military status of his or her spouse and any other such supporting documentation that such department may require. Upon review of such application, the department shall issue a license to the applicant if the applicant holds a license in good standing in another state and in the opinion of such department, the requirements for licensure of such other state are substantially equivalent to the requirements for licensure in this state.

(b) In addition to the expedited review granted in paragraph (a) of this subdivision, an applicant who provides satisfactory documentation that he or she holds a license in good standing from another state, may request the issuance of a temporary practice permit, which, if granted will permit the applicant to work under the supervision of a New York state licensee in accordance with regulations of the secretary. The department may grant such temporary practice permit when it appears based on the application and supporting documentation received that the applicant will meet the requirements for licensure in this state because he or she holds a license in good standing from another state with significantly comparable licensure requirements to those of this state, except the department has not been able to secure direct source verification of the applicant's underlying credentials (e.g., receipt of original transcript, experience verification). Such permit shall be valid for six months or until ten days after notification that the

S. 1207 3

applicant does not meet the qualifications for licensure. An additional six months may be granted upon a determination by the department that the applicant is expected to qualify for the full license upon receipt of the remaining direct source verification documents requested by the department in such time period and that the delay in providing the necessary documentation for full licensure was due to extenuating circumstances which the military spouse could not avoid.

(c) A temporary practice permit issued under paragraph (b) of this subdivision shall be subject to the full disciplinary and regulatory authority of the department, pursuant to this article, as if such authorization were a license issued under this article.

(d) The department shall reduce the initial licensure application fee by one-half for any application submitted by a military spouse under this subdivision.

§ 3. Section 69-p of the general business law is amended by adding a new subdivision 4 to read as follows:

4. (a) Notwithstanding any provision of law to the contrary, any applicant seeking to qualify for a license pursuant to this article who is the spouse of an active duty member of the armed forces of the United States, national guard or reserves as defined in 10 U.S.C. sections 1209 and 1211, and such spouse is transferred by the military to this state shall be afforded an expedited review of his or her application for licensure. Such application shall be on a form prescribed by the department of state and shall include an attestation by the applicant of the military status of his or her spouse and any other such supporting documentation that such department may require. Upon review of such application, the department of state shall issue a license to the applicant if the applicant holds a license in good standing in another state and in the opinion of such department, the requirements for licensure of such other state are substantially equivalent to the requirements for licensure in this state.

(b) In addition to the expedited review granted in paragraph (a) of this subdivision, an applicant who provides satisfactory documentation that he or she holds a license in good standing from another state, may request the issuance of a temporary practice permit, which, if granted will permit the applicant to work under the supervision of a New York state licensee in accordance with regulations of the secretary of state. The department of state may grant such temporary practice permit when it appears based on the application and supporting documentation received that the applicant will meet the requirements for licensure in this state because he or she holds a license in good standing from another state with significantly comparable licensure requirements to those of this state, except the department of state has not been able to secure direct source verification of the applicant's underlying credentials (e.g., receipt of original transcript, experience verification). Such permit shall be valid for six months or until ten days after notification that the applicant does not meet the qualifications for licensure. An additional six months may be granted upon a determination by the department of state that the applicant is expected to qualify for the full license upon receipt of the remaining direct source verification documents requested by the department of state in such time period and that the delay in providing the necessary documentation for full licensure was due to extenuating circumstances which the military spouse could not avoid.

(c) A temporary practice permit issued under paragraph (b) of this subdivision shall be subject to the full disciplinary and regulatory

S. 1207 4

authority of the department of state, pursuant to this article, as if such authorization were a license issued under this article.

(d) The department of state shall reduce the initial licensure application fee by one-half for any application submitted by a military spouse under this subdivision.

§ 4. Section 72 of the general business law is amended by adding a new subdivision 5 to read as follows:

5. (a) Notwithstanding any provision of law to the contrary, any applicant seeking to qualify for a license pursuant to this section who is the spouse of an active duty member of the armed forces of the United States, national guard or reserves as defined in 10 U.S.C. sections 1209 and 1211, and such spouse is transferred by the military to this state shall be afforded an expedited review of his or her application for licensure. Such application shall be on a form prescribed by the department of state and shall include an attestation by the applicant of the military status of his or her spouse and any other such supporting documentation that such department may require. Upon review of such application, the department of state shall issue a license to the applicant if the applicant holds a license in good standing in another state and in the opinion of such department, the requirements for licensure of such other state are substantially equivalent to the requirements for licensure in this state.

(b) In addition to the expedited review granted in paragraph (a) of this subdivision, an applicant who provides satisfactory documentation that he or she holds a license in good standing from another state, may request the issuance of a temporary practice permit, which, if granted will permit the applicant to work under the supervision of a New York state licensee in accordance with regulations of the secretary of state. The department of state may grant such temporary practice permit when it appears based on the application and supporting documentation received that the applicant will meet the requirements for licensure in this state because he or she holds a license in good standing from another state with significantly comparable licensure requirements to those of this state, except the department of state has not been able to secure direct source verification of the applicant's underlying credentials (e.g., receipt of original transcript, experience verification). Such permit shall be valid for six months or until ten days after notification that the applicant does not meet the qualifications for licensure. An additional six months may be granted upon a determination by the department of state that the applicant is expected to qualify for the full license upon receipt of the remaining direct source verification documents requested by the department of state in such time period and that the delay in providing the necessary documentation for full licensure was due to extenuating circumstances which the military spouse could not avoid.

(c) A temporary practice permit issued under paragraph (b) of this subdivision shall be subject to the full disciplinary and regulatory authority of the department of state, pursuant to this article, as if such authorization were a license issued under this article.

(d) The department of state shall reduce the initial licensure application fee by one-half for any application submitted by a military spouse under this subdivision.

§ 5. Section 89-h of the general business law is amended by adding a new subdivision 12 to read as follows:

12. (a) Notwithstanding any provision of law to the contrary, any applicant seeking to qualify for a registration card pursuant to this

S. 1207 5

section who is the spouse of an active duty member of the armed forces of the United States, national guard or reserves as defined in 10 U.S.C. sections 1209 and 1211, and such spouse is transferred by the military to this state shall be afforded an expedited review of his or her application for registration. Such application shall be on a form prescribed by the department and shall include an attestation by the applicant of the military status of his or her spouse and any other such supporting documentation that such department may require. Upon review of such application, the department shall issue a registration card to the applicant if the applicant holds a registration card in good standing in another state and in the opinion of such department, the requirements for registration of such other state are substantially equivalent to the requirements for registration in this state.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the real property law, the general business law, the executive law, and the arts and cultural affairs law, in relation to expedited licensing or certification for certain professions by military spouses

Purpose

The purpose of this bill is to provide for the expedited licensing of military spouses with out-of-state professional licenses in equivalent occupations.

Summary of provisions

Sections one through nine of the bill amend the real property law, the general business law, the executive law and the arts and cultural affairs law to expedite licensing of or certification for certain professions by military spouses.

Section ten of the bill provides the effective date.

Justification

In 2016, Chapter 299 was signed into law to expedite certain licensing of military spouses. That law related only to professions licensed through the Department of Education.

This new bill expands expedited licensing of military spouses with out- of-state professional licenses, to those licenses and certifications under the real property law, the general business law, the executive law and the arts and cultural affairs law and include apartment vendors, athletic agents, bail enforcement agents, home inspection professionals, private investigators, security guards, real estate appraisers, security and alarm installers, guard and patrol agents and ticket resellers.

Many occupations require a state license or certification, often with state-specific conditions and processes, which can cause lengthy re-em- ployment 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 affect 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 employment following a military move to a new state.

Legislative history

2018: S.8732.

Fiscal implications

None to state.

Effective date

Takes effect immediately. However, amendments to section nine shall not affect the repeal and reversion of such article and shall be deemed repealed thereof.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.