Bill Text: NY S03064 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to permitting individuals enrolled in the federal deferred action for childhood arrivals program to apply for professional licenses if they meet all additional requirements.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HIGHER EDUCATION [S03064 Detail]

Download: New_York-2021-S03064-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3064

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 27, 2021
                                       ___________

        Introduced  by  Sens.  SEPULVEDA,  GOUNARDES  --  read twice and ordered
          printed, and when printed to be committed to the Committee  on  Higher
          Education

        AN ACT to amend the education law, in relation to permitting individuals
          enrolled in the federal deferred action for childhood arrivals program
          to apply for professional licenses

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

     1    Section 1. Section 6501 of the education law is amended  by  adding  a
     2  new subdivision 3 to read as follows:
     3    3.  Notwithstanding  any provision of law to the contrary, a qualified
     4  applicant shall include individuals enrolled  in  the  federal  deferred
     5  action  for childhood arrivals program who meets all additional require-
     6  ments prescribed for in the article for such particular profession.
     7    § 2. Subdivision 6 of section 6524 of the education law, as amended by
     8  chapter 379 of the laws of 2008, is amended to read as follows:
     9    (6) Citizenship or immigration status: be a United States citizen , an
    10  individual  enrolled  in  the  federal  deferred  action  for  childhood
    11  arrivals  program, or an alien lawfully admitted for permanent residence
    12  in the United States; provided, however that the board  of  regents  may
    13  grant  a three year waiver for an alien physician to practice in an area
    14  which has been designated by the department  as  medically  underserved,
    15  except  that  the board of regents may grant an additional extension not
    16  to exceed six years to an alien physician to enable him or her to secure
    17  citizenship or permanent resident status, provided such status is  being
    18  actively  pursued;  and  provided  further that the board of regents may
    19  grant an additional three year waiver, and at its expiration, an  exten-
    20  sion  for a period not to exceed six additional years, for the holder of
    21  an H-1b visa, an O-1 visa, or an equivalent or successor visa thereto;
    22    § 3. Subdivision 6 of section 6554 of the education law, as amended by
    23  chapter 133 of the laws of 1982, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03626-01-1

        S. 3064                             2

     1    (6) Citizenship or immigration status: be a United States citizen,  an
     2  individual  enrolled  in  the  federal  deferred  action  for  childhood
     3  arrivals program, or an alien lawfully admitted for permanent  residence
     4  in the United States;
     5    § 4. Subdivision 6 of section 6604 of the education law, as amended by
     6  chapter 403 of the laws of 2002, is amended to read as follows:
     7    (6)  Citizenship or immigration status: be a United States citizen, an
     8  individual  enrolled  in  the  federal  deferred  action  for  childhood
     9  arrivals  program, or an alien lawfully admitted for permanent residence
    10  in the United States; provided, however, that the board of  regents  may
    11  grant  a three year waiver for an alien to practice in an area which has
    12  been designated a  federal  dental  health  professions  shortage  area,
    13  except  that  the board of regents may grant an additional extension not
    14  to exceed six years to an alien to enable him or her to secure  citizen-
    15  ship or permanent resident status, provided such status is being active-
    16  ly pursued;
    17    § 5. Subdivision 6 of section 6609 of the education law, as amended by
    18  chapter 403 of the laws of 2002, is amended to read as follows:
    19    (6)  Citizenship or immigration status: be a United States citizen, an
    20  individual  enrolled  in  the  federal  deferred  action  for  childhood
    21  arrivals  program, or an alien lawfully admitted for permanent residence
    22  in the United States; provided, however, that the board of  regents  may
    23  grant  a three year waiver for an alien to practice in an area which has
    24  been designated a  federal  dental  health  professions  shortage  area,
    25  except  that  the board of regents may grant an additional extension not
    26  to exceed six years to an alien to enable him or her to secure  citizen-
    27  ship or permanent resident status, provided such status is being active-
    28  ly pursued;
    29    § 6. Subdivision 6 of section 6704 of the education law, as amended by
    30  chapter 201 of the laws of 2007, is amended to read as follows:
    31    (6)  Citizenship or immigration status: be a United States citizen, an
    32  individual  enrolled  in  the  federal  deferred  action  for  childhood
    33  arrivals  program, or an alien lawfully admitted for permanent residence
    34  in the United States; provided, however that the board  of  regents  may
    35  grant  a  one-time  three-year  waiver  for a veterinarian who otherwise
    36  meets the requirements of this article and who has accepted an offer  to
    37  practice  veterinary medicine in a county in the state which the depart-
    38  ment has certified as having a shortage of qualified applicants to  fill
    39  existing vacancies in veterinary medicine, and provided further that the
    40  board of regents may grant an extension of such three-year waiver of not
    41  more than one year;
    42    § 7. Subdivision 6 of section 6711 of the education law, as amended by
    43  chapter 80 of the laws of 2000, is amended to read as follows:
    44    6.  Citizenship  or immigration status: be a United States citizen, an
    45  individual  enrolled  in  the  federal  deferred  action  for  childhood
    46  arrivals  program, or an alien lawfully admitted for permanent residence
    47  in the United States; provided, however that the board  of  regents  may
    48  grant  a  one-time three-year waiver for an animal health technician who
    49  otherwise meets the requirements of this article  and  provided  further
    50  that  the  board  of  regents  may grant an extension of such three-year
    51  waiver of not more than one year;
    52    § 8. Paragraph 6 of subdivision 1 of section  6805  of  the  education
    53  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
    54  as follows:
    55    (6) Citizenship or immigration status: be a United States citizen,  an
    56  individual  enrolled  in  the  federal  deferred  action  for  childhood

        S. 3064                             3

     1  arrivals program, or an alien lawfully admitted for permanent  residence
     2  in the United States;
     3    §  9.  Subdivision 6 of section 6955 of the education law, as added by
     4  chapter 327 of the laws of 1992, is amended to read as follows:
     5    6. Citizenship or immigration status: be a United States  citizen,  an
     6  individual  enrolled  in  the  federal  deferred  action  for  childhood
     7  arrivals program, or an alien lawfully admitted for permanent  residence
     8  in the United States.
     9    §  10.  Paragraph  6 of subdivision 1 of section 7206 of the education
    10  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    11  as follows:
    12    (6)  Citizenship or immigration status: be a United States citizen, an
    13  individual  enrolled  in  the  federal  deferred  action  for  childhood
    14  arrivals  program, or an alien lawfully admitted for permanent residence
    15  in the United States;
    16    § 11. Paragraph 6 of subdivision 1 of section 7206-a of the  education
    17  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
    18  as follows:
    19    (6) Citizenship or immigration status: be a United States citizen,  an
    20  individual  enrolled  in  the  federal  deferred  action  for  childhood
    21  arrivals program, or an alien lawfully admitted for permanent  residence
    22  in the United States;
    23    §  11-a.  Paragraph 6 of subdivision 1 of section 7206-a of the educa-
    24  tion law, as amended by chapter 322 of the laws of 2019, is  amended  to
    25  read as follows:
    26    (6)  Citizenship or immigration status: be a United States citizen, an
    27  individual  enrolled  in  the  federal  deferred  action  for  childhood
    28  arrivals  program, or an alien lawfully admitted for permanent residence
    29  in the United States;
    30    § 12. Paragraph 6 of subdivision 1 of section 7324  of  the  education
    31  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
    32  as follows:
    33    (6) Citizenship or immigration status: be a United States citizen,  an
    34  individual  enrolled  in  the  federal  deferred  action  for  childhood
    35  arrivals program, or an alien lawfully admitted for permanent  residence
    36  in the United States;
    37    §  13.  Paragraph  6 of subdivision 1 of section 7504 of the education
    38  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    39  as follows:
    40    (6)  Citizenship or immigration status: be a United States citizen, an
    41  individual  enrolled  in  the  federal  deferred  action  for  childhood
    42  arrivals  program, or an alien lawfully admitted for permanent residence
    43  in the United States;
    44    § 14. Subdivision 5 of section 7804 of the education law,  as  amended
    45  by chapter 230 of the laws of 1997, is amended to read as follows:
    46    (5)  Citizenship or immigration status: be a United States citizen, an
    47  individual  enrolled  in  the  federal  deferred  action  for  childhood
    48  arrivals  program, or an alien lawfully admitted for permanent residence
    49  in the United States;
    50    § 15. This act shall take effect on the sixtieth day  after  it  shall
    51  have  become a law; provided, however, that section eleven-a of this act
    52  shall take effect on the same date and in the same manner as chapter 322
    53  of the laws of 2019, takes effect. Effective immediately, the  addition,
    54  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    55  implementation of this act on its effective date are  authorized  to  be
    56  made and completed on or before such effective date.
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