Bill Text: NY S08481 | 2019-2020 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-06-04 - REFERRED TO RULES [S08481 Detail]
Download: New_York-2019-S08481-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8481 IN SENATE June 4, 2020 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. LBD16412-03-0S. 8481 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:S. 8481 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 both54such numbers, or, where such person does not have such number or55numbers, the reason or reasons why such person does not have such number56or numbers] the federal individual taxpayer identification number. SuchS. 8481 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 both7such numbers, or the reason or reasons, furnished by such person, why8such 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 or33an 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 or39an alien lawfully admitted for permanent residence in the United States;40provided, however that the board of regents may grant a three year waiv-41er for an alien physician to practice in an area which has been desig-42nated by the department as medically underserved, except that the board43of regents may grant an additional extension not to exceed six years to44an alien physician to enable him or her to secure citizenship or perma-45nent resident status, provided such status is being actively pursued;46and provided further that the board of regents may grant an additional47three year waiver, and at its expiration, an extension for a period not48to exceed six additional years, for the holder of an H-1b visa, an O-149visa, 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-56nent residence in the United States];S. 8481 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 or4an 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 or10an alien lawfully admitted for permanent residence in the United States;11provided, however, that the board of regents may grant a three year12waiver for an alien to practice in an area which has been designated a13federal dental health professions shortage area, except that the board14of regents may grant an additional extension not to exceed six years to15an alien to enable him or her to secure citizenship or permanent resi-16dent 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 admitted22for permanent residence in the United States; provided, however, that23the department may grant a three year waiver for an alien who otherwise24meets all other requirements for a restricted dental faculty license25except that the department may grant an additional extension not to26exceed six years to an alien to enable him or her to secure citizenship27or permanent resident status, provided such status is being actively28pursued] 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 or34an alien lawfully admitted for permanent residence in the United States;35provided, however, that the board of regents may grant a three year36waiver for an alien to practice in an area which has been designated a37federal dental health professions shortage area, except that the board38of regents may grant an additional extension not to exceed six years to39an alien to enable him or her to secure citizenship or permanent resi-40dent 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 or45an alien lawfully admitted for permanent residence in the United States;46provided, however that the board of regents may grant a one-time three-47year waiver for a veterinarian who otherwise meets the requirements of48this article and who has accepted an offer to practice veterinary medi-49cine in a county in the state which the department has certified as50having a shortage of qualified applicants to fill existing vacancies in51veterinary medicine, and provided further that the board of regents may52grant 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:S. 8481 6 1 6. Citizenship or immigration status: [be a United States citizen or2an alien lawfully admitted for permanent residence in the United States;3provided, however that the board of regents may grant a one-time three-4year waiver for an animal health technician who otherwise meets the5requirements of this article and provided further that the board of6regents may grant an extension of such three-year waiver of not more7than 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-14dence 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 or19an 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 or34an 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 or54an alien lawfully admitted for permanent residence in the United States] 55 meet no requirement as to United States citizenship or immigration 56 status;S. 8481 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 or5an 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 or12an 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 or24an 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 or36an 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 or46an 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.S. 8481 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-25zenship,] 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 admitted44for 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-S. 8481 9 1ration which otherwise conforms to the requirements of this section and2chapter may be licensed if each of its principal officers and more than3one-half of its directors are citizens of the United States or aliens4lawfully admitted for permanent residence in the United States; and5provided 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 a25citizen of the United States or an alien lawfully admitted for permanent26residence 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 permanent36residence 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,S. 8481 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.S. 8481 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.