Bill Text: NY S01207 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to expedited licensing or certification for certain professions by military spouses; such professions include apartment vendors, appearance enhancement, athletic agents, bail enforcement agents, home inspection professionals, private investigators, security guards, real estate appraisers, security or alarm installers, ticket resellers and watch, guard or patrol agents.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S01207 Detail]

Download: New_York-2019-S01207-Introduced.html


                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  mili-
          tary spouses
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 446-b of the real property law is amended by adding
     2  a new subdivision 8 to read as follows:
     3    8. (a) Notwithstanding any provision  of  law  to  the  contrary,  any
     4  applicant  seeking to qualify for a license pursuant to this article who
     5  is the spouse of an active duty member of the armed forces of the United
     6  States, national guard or reserves as defined in  10  U.S.C.    sections
     7  1209  and  1211,  and such spouse is transferred by the military to this
     8  state shall be afforded an expedited review of his  or  her  application
     9  for  licensure.  Such  application  shall be on a form prescribed by the
    10  department of state and shall include an attestation by the applicant of
    11  the military status of his or her spouse and any other  such  supporting
    12  documentation  that  such  department  may  require. Upon review of such
    13  application, the department of state shall issue a license to the appli-
    14  cant if the applicant holds a license in good standing in another  state
    15  and in the opinion of such department, the requirements for licensure of
    16  such  other  state  are substantially equivalent to the requirements for
    17  licensure in this state.
    18    (b) In addition to the expedited review granted in  paragraph  (a)  of
    19  this  subdivision,  an applicant who provides satisfactory documentation
    20  that he or she holds a license in good standing from another state,  may
    21  request  the  issuance of a temporary practice permit, which, if granted
    22  will permit the applicant to work under the supervision of  a  New  York
    23  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
     1  The department of state may grant such temporary practice permit when it
     2  appears  based  on the application and supporting documentation received
     3  that the applicant will meet the  requirements  for  licensure  in  this
     4  state  because  he  or she holds a license in good standing from another
     5  state with significantly comparable licensure requirements to  those  of
     6  this  state,  except the department of state has not been able to secure
     7  direct source verification of  the  applicant's  underlying  credentials
     8  (e.g.,  receipt  of  original transcript, experience verification). Such
     9  permit shall be valid for six months or until ten days  after  notifica-
    10  tion  that the applicant does not meet the qualifications for licensure.
    11  An additional six months may be granted  upon  a  determination  by  the
    12  department  of  state  that the applicant is expected to qualify for the
    13  full license upon receipt of the remaining  direct  source  verification
    14  documents  requested  by the department of state in such time period and
    15  that the delay in providing the necessary documentation for full  licen-
    16  sure  was  due  to  extenuating  circumstances which the military spouse
    17  could not avoid.
    18    (c) A temporary practice permit issued under  paragraph  (b)  of  this
    19  subdivision  shall  be  subject  to the full disciplinary and regulatory
    20  authority of the department of state, pursuant to this  article,  as  if
    21  such authorization were a license issued under this article.
    22    (d)  The department of state shall reduce the initial licensure appli-
    23  cation fee by one-half for  any  application  submitted  by  a  military
    24  spouse under this subdivision.
    25    § 2. Section 444-e of the real property law is amended by adding a new
    26  subdivision 5 to read as follows:
    27    5.  (a)  Notwithstanding  any  provision  of  law to the contrary, any
    28  applicant seeking to qualify for a license pursuant to this article  who
    29  is the spouse of an active duty member of the armed forces of the United
    30  States,  national  guard  or  reserves as defined in 10 U.S.C.  sections
    31  1209 and 1211, and such spouse is transferred by the  military  to  this
    32  state  shall  be  afforded an expedited review of his or her application
    33  for licensure. Such application shall be on a  form  prescribed  by  the
    34  department  and  shall  include  an  attestation by the applicant of the
    35  military status of his or her  spouse  and  any  other  such  supporting
    36  documentation  that  such  department  may  require. Upon review of such
    37  application, the department shall issue a license to  the  applicant  if
    38  the  applicant  holds a license in good standing in another state and in
    39  the opinion of such department, the requirements for licensure  of  such
    40  other  state are substantially equivalent to the requirements for licen-
    41  sure in this state.
    42    (b) In addition to the expedited review granted in  paragraph  (a)  of
    43  this  subdivision,  an applicant who provides satisfactory documentation
    44  that he or she holds a license in good standing from another state,  may
    45  request  the  issuance of a temporary practice permit, which, if granted
    46  will permit the applicant to work under the supervision of  a  New  York
    47  state  licensee  in  accordance  with  regulations of the secretary. The
    48  department may grant such temporary  practice  permit  when  it  appears
    49  based  on the application and supporting documentation received that the
    50  applicant will meet the requirements for licensure in this state because
    51  he or she holds a license in  good  standing  from  another  state  with
    52  significantly  comparable licensure requirements to those of this state,
    53  except the department has not been able to secure direct source  verifi-
    54  cation  of  the  applicant's  underlying  credentials  (e.g., receipt of
    55  original transcript, experience  verification).  Such  permit  shall  be
    56  valid  for  six  months  or  until  ten days after notification that the

        S. 1207                             3
     1  applicant does not meet the qualifications for licensure. An  additional
     2  six  months  may  be granted upon a determination by the department that
     3  the applicant is expected to qualify for the full license  upon  receipt
     4  of  the  remaining direct source verification documents requested by the
     5  department in such time period and  that  the  delay  in  providing  the
     6  necessary  documentation  for  full  licensure  was  due  to extenuating
     7  circumstances which the military spouse could not avoid.
     8    (c) A temporary practice permit issued under  paragraph  (b)  of  this
     9  subdivision  shall  be  subject  to the full disciplinary and regulatory
    10  authority of the department,  pursuant  to  this  article,  as  if  such
    11  authorization were a license issued under this article.
    12    (d)  The department shall reduce the initial licensure application fee
    13  by one-half for any application submitted by  a  military  spouse  under
    14  this subdivision.
    15    §  3.  Section 69-p of the general business law is amended by adding a
    16  new subdivision 4 to read as follows:
    17    4. (a) Notwithstanding any provision  of  law  to  the  contrary,  any
    18  applicant  seeking to qualify for a license pursuant to this article who
    19  is the spouse of an active duty member of the armed forces of the United
    20  States, national guard or reserves as defined in  10  U.S.C.    sections
    21  1209  and  1211,  and such spouse is transferred by the military to this
    22  state shall be afforded an expedited review of his  or  her  application
    23  for  licensure.  Such  application  shall be on a form prescribed by the
    24  department of state and shall include an attestation by the applicant of
    25  the military status of his or her spouse and any other  such  supporting
    26  documentation  that  such  department  may  require. Upon review of such
    27  application, the department of state shall issue a license to the appli-
    28  cant if the applicant holds a license in good standing in another  state
    29  and in the opinion of such department, the requirements for licensure of
    30  such  other  state  are substantially equivalent to the requirements for
    31  licensure in this state.
    32    (b) In addition to the expedited review granted in  paragraph  (a)  of
    33  this  subdivision,  an applicant who provides satisfactory documentation
    34  that he or she holds a license in good standing from another state,  may
    35  request  the  issuance of a temporary practice permit, which, if granted
    36  will permit the applicant to work under the supervision of  a  New  York
    37  state licensee in accordance with regulations of the secretary of state.
    38  The department of state may grant such temporary practice permit when it
    39  appears  based  on the application and supporting documentation received
    40  that the applicant will meet the  requirements  for  licensure  in  this
    41  state  because  he  or she holds a license in good standing from another
    42  state with significantly comparable licensure requirements to  those  of
    43  this  state,  except the department of state has not been able to secure
    44  direct source verification of  the  applicant's  underlying  credentials
    45  (e.g.,  receipt  of  original transcript, experience verification). Such
    46  permit shall be valid for six months or until ten days  after  notifica-
    47  tion  that the applicant does not meet the qualifications for licensure.
    48  An additional six months may be granted  upon  a  determination  by  the
    49  department  of  state  that the applicant is expected to qualify for the
    50  full license upon receipt of the remaining  direct  source  verification
    51  documents  requested  by the department of state in such time period and
    52  that the delay in providing the necessary documentation for full  licen-
    53  sure  was  due  to  extenuating  circumstances which the military spouse
    54  could not avoid.
    55    (c) A temporary practice permit issued under  paragraph  (b)  of  this
    56  subdivision  shall  be  subject  to the full disciplinary and regulatory

        S. 1207                             4
     1  authority of the department of state, pursuant to this  article,  as  if
     2  such authorization were a license issued under this article.
     3    (d)  The department of state shall reduce the initial licensure appli-
     4  cation fee by one-half for  any  application  submitted  by  a  military
     5  spouse under this subdivision.
     6    § 4. Section 72 of the general business law is amended by adding a new
     7  subdivision 5 to read as follows:
     8    5.  (a)  Notwithstanding  any  provision  of  law to the contrary, any
     9  applicant seeking to qualify for a license pursuant to this section  who
    10  is the spouse of an active duty member of the armed forces of the United
    11  States,  national  guard  or  reserves as defined in 10 U.S.C.  sections
    12  1209 and 1211, and such spouse is transferred by the  military  to  this
    13  state  shall  be  afforded an expedited review of his or her application
    14  for licensure. Such application shall be on a  form  prescribed  by  the
    15  department of state and shall include an attestation by the applicant of
    16  the  military  status of his or her spouse and any other such supporting
    17  documentation that such department may  require.  Upon  review  of  such
    18  application, the department of state shall issue a license to the appli-
    19  cant  if the applicant holds a license in good standing in another state
    20  and in the opinion of such department, the requirements for licensure of
    21  such other state are substantially equivalent to  the  requirements  for
    22  licensure in this state.
    23    (b)  In  addition  to the expedited review granted in paragraph (a) of
    24  this subdivision, an applicant who provides  satisfactory  documentation
    25  that  he or she holds a license in good standing from another state, may
    26  request the issuance of a temporary practice permit, which,  if  granted
    27  will  permit  the  applicant to work under the supervision of a New York
    28  state licensee in accordance with regulations of the secretary of state.
    29  The department of state may grant such temporary practice permit when it
    30  appears based on the application and supporting  documentation  received
    31  that  the  applicant  will  meet  the requirements for licensure in this
    32  state because he or she holds a license in good  standing  from  another
    33  state  with  significantly comparable licensure requirements to those of
    34  this state, except the department of state has not been able  to  secure
    35  direct  source  verification  of  the applicant's underlying credentials
    36  (e.g., receipt of original transcript,  experience  verification).  Such
    37  permit  shall  be valid for six months or until ten days after notifica-
    38  tion that the applicant does not meet the qualifications for  licensure.
    39  An  additional  six  months  may  be granted upon a determination by the
    40  department of state that the applicant is expected to  qualify  for  the
    41  full  license  upon  receipt of the remaining direct source verification
    42  documents requested by the department of state in such time  period  and
    43  that  the delay in providing the necessary documentation for full licen-
    44  sure was due to extenuating  circumstances  which  the  military  spouse
    45  could not avoid.
    46    (c)  A  temporary  practice  permit issued under paragraph (b) of this
    47  subdivision shall be subject to the  full  disciplinary  and  regulatory
    48  authority  of  the  department of state, pursuant to this article, as if
    49  such authorization were a license issued under this article.
    50    (d) The department of state shall reduce the initial licensure  appli-
    51  cation  fee  by  one-half  for  any  application submitted by a military
    52  spouse under this subdivision.
    53    § 5. Section 89-h of the general business law is amended by  adding  a
    54  new subdivision 12 to read as follows:
    55    12.  (a)  Notwithstanding  any  provision  of law to the contrary, any
    56  applicant seeking to qualify for a registration card  pursuant  to  this

        S. 1207                             5
     1  section  who  is the spouse of an active duty member of the armed forces
     2  of the United States, national guard or reserves as defined in 10 U.S.C.
     3  sections 1209 and 1211, and such spouse is transferred by  the  military
     4  to this state shall be afforded an expedited review of his or her appli-
     5  cation  for registration. Such application shall be on a form prescribed
     6  by the department and shall include an attestation by the  applicant  of
     7  the  military  status of his or her spouse and any other such supporting
     8  documentation that such department may  require.  Upon  review  of  such
     9  application,  the  department  shall  issue  a  registration card to the
    10  applicant if the applicant holds a registration card in good standing in
    11  another state and in the opinion of such  department,  the  requirements
    12  for registration of such other state are substantially equivalent to the
    13  requirements for registration in this state.
    14    (b)  In  addition  to the expedited review granted in paragraph (a) of
    15  this subdivision, an applicant who provides  satisfactory  documentation
    16  that  he  or she holds a registration card in good standing from another
    17  state, may request the issuance of a temporary practice  permit,  which,
    18  if  granted will permit the applicant to work under the supervision of a
    19  New York state registrant in accordance with regulations of  the  secre-
    20  tary.  The  department  may grant such temporary practice permit when it
    21  appears based on the application and supporting  documentation  received
    22  that  the  applicant will meet the requirements for registration in this
    23  state because he or she holds a registration card in good standing  from
    24  another state with significantly comparable registration requirements to
    25  those  of  this state, except the department has not been able to secure
    26  direct source verification of  the  applicant's  underlying  credentials
    27  (e.g.,  receipt  of  original transcript, experience verification). Such
    28  permit shall be valid for six months or until ten days  after  notifica-
    29  tion  that  the applicant does not meet the qualifications for registra-
    30  tion. An additional six months may be granted upon  a  determination  by
    31  the  department  that  the applicant is expected to qualify for the full
    32  registration card upon receipt of the remaining direct source  verifica-
    33  tion  documents requested by the department in such time period and that
    34  the delay in providing the necessary documentation for full registration
    35  was due to extenuating circumstances which the military spouse could not
    36  avoid.
    37    (c) A temporary practice permit issued under  paragraph  (b)  of  this
    38  subdivision  shall  be  subject  to the full disciplinary and regulatory
    39  authority of the department,  pursuant  to  this  article,  as  if  such
    40  authorization were a registration card issued under this article.
    41    (d)  The  department shall reduce the initial registration application
    42  fee by one-half for any application submitted by a military spouse under
    43  this subdivision.
    44    § 6. Section 406 of the general business law is amended  by  adding  a
    45  new subdivision 5 to read as follows:
    46    5.  (a)  Notwithstanding  any  provision  of  law to the contrary, any
    47  applicant seeking to qualify for a license pursuant to this article  who
    48  is the spouse of an active duty member of the armed forces of the United
    49  States,  national  guard  or  reserves as defined in 10 U.S.C.  sections
    50  1209 and 1211, and such spouse is transferred by the  military  to  this
    51  state  shall  be  afforded an expedited review of his or her application
    52  for licensure. Such application shall be on a  form  prescribed  by  the
    53  department  and  shall  include  an  attestation by the applicant of the
    54  military status of his or her  spouse  and  any  other  such  supporting
    55  documentation  that  such  department  may  require. Upon review of such
    56  application, the department shall issue a license to  the  applicant  if

        S. 1207                             6
     1  the  applicant  holds a license in good standing in another state and in
     2  the opinion of such department, the requirements for licensure  of  such
     3  other  state are substantially equivalent to the requirements for licen-
     4  sure in this state.
     5    (b)  In  addition  to the expedited review granted in paragraph (a) of
     6  this subdivision, an applicant who provides  satisfactory  documentation
     7  that  he or she holds a license in good standing from another state, may
     8  request the issuance of a temporary practice permit, which,  if  granted
     9  will  permit  the  applicant to work under the supervision of a New York
    10  state licensee in accordance with  regulations  of  the  secretary.  The
    11  department  may  grant  such  temporary  practice permit when it appears
    12  based on the application and supporting documentation received that  the
    13  applicant will meet the requirements for licensure in this state because
    14  he  or  she  holds  a  license  in good standing from another state with
    15  significantly comparable licensure requirements to those of this  state,
    16  except  the department has not been able to secure direct source verifi-
    17  cation of the  applicant's  underlying  credentials  (e.g.,  receipt  of
    18  original  transcript,  experience  verification).  Such  permit shall be
    19  valid for six months or until  ten  days  after  notification  that  the
    20  applicant  does not meet the qualifications for licensure. An additional
    21  six months may be granted upon a determination by  the  department  that
    22  the  applicant  is expected to qualify for the full license upon receipt
    23  of the remaining direct source verification documents requested  by  the
    24  department  in  such  time  period  and  that the delay in providing the
    25  necessary documentation  for  full  licensure  was  due  to  extenuating
    26  circumstances which the military spouse could not avoid.
    27    (c)  A  temporary  practice  permit issued under paragraph (b) of this
    28  subdivision shall be subject to the  full  disciplinary  and  regulatory
    29  authority  of  the  department,  pursuant  to  this  article, as if such
    30  authorization were a license issued under this article.
    31    (d) The department shall reduce the initial licensure application  fee
    32  by  one-half  for  any  application submitted by a military spouse under
    33  this subdivision.
    34    § 7. Section 899-e of the general business law is amended by adding  a
    35  new subdivision 7 to read as follows:
    36    7.  (a)  Notwithstanding  any  provision  of  law to the contrary, any
    37  applicant seeking to qualify for a certificate of registration  pursuant
    38  to  this section who is the spouse of an active duty member of the armed
    39  forces of the United States, national guard or reserves as defined in 10
    40  U.S.C. sections 1209 and 1211, and such spouse  is  transferred  by  the
    41  military  to  this state shall be afforded an expedited review of his or
    42  her application for a  certificate  of  registration.  Such  application
    43  shall  be  on  a  form  prescribed  by the department of state and shall
    44  include an attestation by the applicant of the military status of his or
    45  her spouse and any other such supporting documentation that such depart-
    46  ment may require. Upon review of such  application,  the  department  of
    47  state  shall issue a certificate of registration to the applicant if the
    48  applicant holds a certificate of registration in good standing in anoth-
    49  er state and in the opinion of such  department,  the  requirements  for
    50  registration  of  such  other  state are substantially equivalent to the
    51  requirements for registration in this state.
    52    (b) In addition to the expedited review granted in  paragraph  (a)  of
    53  this  subdivision,  an applicant who provides satisfactory documentation
    54  that he or she holds a certificate of registration in good standing from
    55  another state, may request the issuance of a temporary practice  permit,
    56  which,  if  granted  will  permit the applicant to work under the super-

        S. 1207                             7
     1  vision of a New York state registrant in accordance with regulations  of
     2  the secretary of state. The department of state may grant such temporary
     3  practice  permit when it appears based on the application and supporting
     4  documentation received that the applicant will meet the requirements for
     5  registration  in  this  state  because he or she holds a license in good
     6  standing from another state with significantly  comparable  registration
     7  requirements  to those of this state, except the department of state has
     8  not been able to secure direct source verification  of  the  applicant's
     9  underlying credentials (e.g., receipt of original transcript, experience
    10  verification).  Such  permit  shall be valid for six months or until ten
    11  days after notification that the applicant does not meet the  qualifica-
    12  tions  for  registration. An additional six months may be granted upon a
    13  determination by the department of state that the applicant is  expected
    14  to  qualify for the full certificate of registration upon receipt of the
    15  remaining direct source verification documents requested by the  depart-
    16  ment  of  state  in such time period and that the delay in providing the
    17  necessary documentation for full registration  was  due  to  extenuating
    18  circumstances which the military spouse could not avoid.
    19    (c)  A  temporary  practice  permit issued under paragraph (b) of this
    20  subdivision shall be subject to the  full  disciplinary  and  regulatory
    21  authority  of  the  department of state, pursuant to this section, as if
    22  such authorization were a certificate of registration issued under  this
    23  section.
    24    (d)  The  department  of state shall reduce the initial certificate of
    25  registration application fee by one-half for any  application  submitted
    26  by a military spouse under this subdivision.
    27    §  8. Section 160-n of the executive law, as amended by chapter 397 of
    28  the laws of 1991, is amended to read as follows:
    29    § 160-n. Nonresident certification and licensing by reciprocity.    1.
    30  If,  in  the  determination of the board, the certification or licensing
    31  process has not been disapproved by the appraisal  subcommittee  of  the
    32  federal  financial institutions examination council, an applicant who is
    33  certified under the laws of such other state may obtain a certificate as
    34  a state certified real estate appraiser or a license as a state licensed
    35  real estate appraiser in this state upon such terms  and  conditions  as
    36  may be determined by the department.
    37    2.  (a)  Notwithstanding  any  provision  of  law to the contrary, any
    38  applicant seeking to qualify for a license pursuant to this section  who
    39  is the spouse of an active duty member of the armed forces of the United
    40  States,  national  guard  or  reserves as defined in 10 U.S.C.  sections
    41  1209 and 1211, and such spouse is transferred by the  military  to  this
    42  state  shall  be  afforded an expedited review of his or her application
    43  for licensure. Such application shall be on a  form  prescribed  by  the
    44  department  and  shall  include  an  attestation by the applicant of the
    45  military status of his or her  spouse  and  any  other  such  supporting
    46  documentation  that  such  department  may  require. Upon review of such
    47  application, the department shall issue a license to  the  applicant  if
    48  the  applicant  holds a license in good standing in another state and in
    49  the opinion of such department, the requirements for licensure  of  such
    50  other  state are substantially equivalent to the requirements for licen-
    51  sure in this state, including those described in subdivision one of this
    52  section.
    53    (b) In addition to the expedited review granted in  paragraph  (a)  of
    54  this  subdivision,  an applicant who provides satisfactory documentation
    55  that he or she holds a license in good standing from another state,  may
    56  request  the  issuance of a temporary practice permit, which, if granted

        S. 1207                             8
     1  will permit the applicant to work under the supervision of  a  New  York
     2  state licensee in accordance with regulations of the secretary of state.
     3  The  department may grant such temporary practice permit when it appears
     4  based  on the application and supporting documentation received that the
     5  applicant will meet the requirements for licensure in this state because
     6  he or she holds a license in  good  standing  from  another  state  with
     7  significantly  comparable licensure requirements to those of this state,
     8  except the department has not been able to secure direct source  verifi-
     9  cation  of  the  applicant's  underlying  credentials  (e.g., receipt of
    10  original transcript, experience  verification).  Such  permit  shall  be
    11  valid  for  six  months  or  until  ten days after notification that the
    12  applicant does not meet the qualifications for licensure. An  additional
    13  six  months  may  be granted upon a determination by the department that
    14  the applicant is expected to qualify for the full license  upon  receipt
    15  of  the  remaining direct source verification documents requested by the
    16  department in such time period and  that  the  delay  in  providing  the
    17  necessary  documentation  for  full  licensure  was  due  to extenuating
    18  circumstances which the military spouse could not avoid.
    19    (c) A temporary practice permit issued under  paragraph  (b)  of  this
    20  subdivision  shall  be  subject  to the full disciplinary and regulatory
    21  authority of the department,  pursuant  to  this  section,  as  if  such
    22  authorization were a license issued under this section.
    23    (d)  The department shall reduce the initial licensure application fee
    24  by one-half for any application submitted by  a  military  spouse  under
    25  this section.
    26    §  9.  Subdivision 1 of section 25.13 of the arts and cultural affairs
    27  law, as amended by chapter 374 of the laws of 2007, is amended  to  read
    28  as follows:
    29    1.  (a)  No  person, firm or corporation shall resell or engage in the
    30  business of reselling any tickets to a place of entertainment or operate
    31  an internet website or any other  electronic  service  that  provides  a
    32  mechanism for two or more parties to participate in a resale transaction
    33  or  that  facilitates resale transactions by the means of an auction, or
    34  own, conduct or maintain any office, branch office,  bureau,  agency  or
    35  sub-agency  for such business without having first procured a license or
    36  certificate for each location at which business will be  conducted  from
    37  the secretary of state. Any operator or manager of a website that serves
    38  as  a  platform  to facilitate resale, or resale by way of a competitive
    39  bidding process, solely between third parties and does not in any  other
    40  manner  engage in resales of tickets to places of entertainment shall be
    41  exempt from the licensing requirements of this section.  The  department
    42  of  state  shall  issue  and  deliver to such applicant a certificate or
    43  license to conduct such business and  to  own,  conduct  or  maintain  a
    44  bureau,  agency,  sub-agency, office or branch office for the conduct of
    45  such business on the  premises  stated  in  such  application  upon  the
    46  payment  by  or  on  behalf  of  the applicant of a fee of five thousand
    47  dollars and shall be renewed upon the payment of a  like  fee  annually.
    48  Such license or certificate shall not be transferred or assigned, except
    49  by  permission  of  the  secretary of state. Such license or certificate
    50  shall run to the first day of January next  ensuing  the  date  thereof,
    51  unless sooner revoked by the secretary of state. Such license or certif-
    52  icate  shall  be  granted  upon a written application setting forth such
    53  information as the secretary of state may require in order to enable him
    54  or her to carry into effect the provisions of this article and shall  be
    55  accompanied by proof satisfactory to the secretary of state of the moral
    56  character of the applicant.

        S. 1207                             9
     1    (b)  (i)  Notwithstanding  any  provision  of law to the contrary, any
     2  applicant seeking to qualify for a license or  certificate  pursuant  to
     3  this  section  who  is  the spouse of an active duty member of the armed
     4  forces of the United States, national guard or reserves as defined in 10
     5  U.S.C.  sections  1209  and  1211, and such spouse is transferred by the
     6  military to this state shall be afforded an expedited review of  his  or
     7  her  application  for licensure or certification. Such application shall
     8  be on a form prescribed by the department of state and shall include  an
     9  attestation by the applicant of the military status of his or her spouse
    10  and  any  other  such  supporting documentation that such department may
    11  require. Upon review of such application, the department of state  shall
    12  issue a license or certificate to the applicant if the applicant holds a
    13  license  or  certificate  in  good  standing in another state and in the
    14  opinion of such department, the requirements for  licensure  or  certif-
    15  ication of such other state are substantially equivalent to the require-
    16  ments for licensure or certification in this state.
    17    (ii)  In  addition to the expedited review granted in subparagraph (i)
    18  of this paragraph, an applicant who provides satisfactory  documentation
    19  that  he  or  she  holds  a license or certificate in good standing from
    20  another state, may request the issuance of a temporary practice  permit,
    21  which,  if  granted  will  permit the applicant to work under the super-
    22  vision of a New York state licensee or individual who  is  certified  in
    23  accordance with regulations of the secretary of state. The department of
    24  state  may grant such temporary practice permit when it appears based on
    25  the application and supporting documentation received that the applicant
    26  will meet the requirements for licensure or certification in this  state
    27  because  he  or she holds a license or certificate in good standing from
    28  another state with significantly comparable  licensure  requirements  to
    29  those of this state, except the department of state has not been able to
    30  secure  direct source verification of the applicant's underlying creden-
    31  tials (e.g., receipt of original transcript,  experience  verification).
    32  Such  permit  shall  be  valid  for  six  months or until ten days after
    33  notification that the applicant does not  meet  the  qualifications  for
    34  licensure or certification. An additional six months may be granted upon
    35  a  determination  by  the  department  of  state  that  the applicant is
    36  expected to qualify for the full license or certification  upon  receipt
    37  of  the  remaining direct source verification documents requested by the
    38  department of state in such time period and that the delay in  providing
    39  the  necessary documentation for full licensure or certification was due
    40  to extenuating circumstances which the military spouse could not avoid.
    41    (iii) A temporary practice permit issued under  subparagraph  (ii)  of
    42  this  paragraph shall be subject to the full disciplinary and regulatory
    43  authority of the department of state, pursuant to this  article,  as  if
    44  such authorization were a license or certificate issued under this arti-
    45  cle.
    46    (iv)  The  department  of  state shall reduce the initial licensure or
    47  certification application fee by one-half for any application  submitted
    48  by a military spouse under this subdivision.
    49    §  10. This act shall take effect immediately; provided, however, that
    50  the amendments made by section nine of this act  shall  not  affect  the
    51  repeal and reversion of such article and shall be deemed repealed there-
    52  with.
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