Bill Text: NY S06281 | 2023-2024 | 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) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S06281 Detail]

Download: New_York-2023-S06281-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6281

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 11, 2023
                                       ___________

        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 669 of the laws of 2022, 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 a noncitizen lawfully admitted for permanent  resi-
    12  dence  in the United States; provided, however that the board of regents
    13  may grant a three year waiver for a noncitizen physician to practice  in
    14  an  area which has been designated by the department as medically under-
    15  served, except that the board of regents may grant an additional  exten-
    16  sion  not to exceed six years to a noncitizen physician to enable him or
    17  her to secure citizenship or permanent resident  status,  provided  such
    18  status is being actively pursued; and provided further that the board of
    19  regents  may  grant  an additional three year waiver, and at its expira-
    20  tion, an extension for a period not to exceed six additional years,  for
    21  the  holder  of an H-1b visa, an O-1 visa, or an equivalent or successor
    22  visa thereto;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07996-01-3

        S. 6281                             2

     1    § 3. Subdivision 6 of section 6554 of the education law, as amended by
     2  chapter 669 of the laws of 2022, is amended to read as follows:
     3    (6)  Citizenship or immigration status: be a United States citizen, an
     4  individual  enrolled  in  the  federal  deferred  action  for  childhood
     5  arrivals  program, or a noncitizen lawfully admitted for permanent resi-
     6  dence in the United States;
     7    § 4. Subdivision 6 of section 6604 of the education law, as amended by
     8  chapter 669 of the laws of 2022, 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 a noncitizen lawfully admitted for permanent  resi-
    12  dence in the United States; provided, however, that the board of regents
    13  may  grant  a  three year waiver for a noncitizen to practice in an area
    14  which has been designated a federal dental health  professions  shortage
    15  area, except that the board of regents may grant an additional extension
    16  not  to  exceed six years to a noncitizen to enable him or her to secure
    17  citizenship or permanent resident status, provided such status is  being
    18  actively pursued;
    19    § 5. Subdivision 6 of section 6609 of the education law, as amended by
    20  chapter 669 of the laws of 2022, is amended to read as follows:
    21    (6)  Citizenship or immigration status: be a United States citizen, an
    22  individual  enrolled  in  the  federal  deferred  action  for  childhood
    23  arrivals  program, or a noncitizen lawfully admitted for permanent resi-
    24  dence in the United States; provided, however, that the board of regents
    25  may grant a three year waiver for a noncitizen to practice  in  an  area
    26  which  has  been designated a federal dental health professions shortage
    27  area, except that the board of regents may grant an additional extension
    28  not to exceed six years to a noncitizen to enable him or her  to  secure
    29  citizenship  or permanent resident status, provided such status is being
    30  actively pursued;
    31    § 6. Subdivision 6 of section 6704 of the education law, as amended by
    32  chapter 669 of the laws of 2022, is amended to read 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 a noncitizen lawfully admitted for permanent  resi-
    36  dence  in the United States; provided, however that the board of regents
    37  may grant a one-time three-year waiver for a veterinarian who  otherwise
    38  meets  the requirements of this article and who has accepted an offer to
    39  practice veterinary medicine in a county in the state which the  depart-
    40  ment  has certified as having a shortage of qualified applicants to fill
    41  existing vacancies in veterinary medicine, and provided further that the
    42  board of regents may grant an extension of such three-year waiver of not
    43  more than one year;
    44    § 7. Subdivision 6 of section 6711 of the education law, as amended by
    45  chapter 669 of the laws of 2022, is amended to read as follows:
    46    6. Citizenship or immigration status: be a United States  citizen,  an
    47  individual  enrolled  in  the  federal  deferred  action  for  childhood
    48  arrivals program, or a noncitizen lawfully admitted for permanent  resi-
    49  dence  in the United States; provided, however that the board of regents
    50  may grant a one-time three-year waiver for an animal  health  technician
    51  who  otherwise  meets  the  requirements  of  this  article and provided
    52  further that the board of regents may grant an extension of such  three-
    53  year waiver of not more than one year;
    54    §  8.  Paragraph  6  of subdivision 1 of section 6805 of the education
    55  law, as amended by chapter 669 of the laws of 2022, is amended  to  read
    56  as follows:

        S. 6281                             3

     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 a noncitizen lawfully admitted for permanent resi-
     4  dence in the United States;
     5    §  9.  Subdivision 6 of section 6955 of the education law, as added by
     6  chapter 669 of the laws of 2022, 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 a noncitizen lawfully admitted for permanent  resi-
    10  dence in the United States.
    11    §  10.  Paragraph  6 of subdivision 1 of section 7206 of the education
    12  law, as amended by chapter 669 of the laws of 2022, is amended  to  read
    13  as follows:
    14    (6)  Citizenship or immigration status: be a United States citizen, an
    15  individual  enrolled  in  the  federal  deferred  action  for  childhood
    16  arrivals  program, or a noncitizen lawfully admitted for permanent resi-
    17  dence in the United States;
    18    § 11. Paragraph 6 of subdivision 1 of section 7206-a of the  education
    19  law,  as  amended by chapter 669 of the laws of 2022, is amended to read
    20  as follows:
    21    (6) Citizenship or immigration status: be a United States citizen,  an
    22  individual  enrolled  in  the  federal  deferred  action  for  childhood
    23  arrivals program, or a noncitizen lawfully admitted for permanent  resi-
    24  dence in the United States;
    25    §  12.  Paragraph  6 of subdivision 1 of section 7324 of the education
    26  law, as amended by chapter 669 of the laws of 2022, is amended  to  read
    27  as follows:
    28    (6)  Citizenship or immigration status: be a United States citizen, an
    29  individual  enrolled  in  the  federal  deferred  action  for  childhood
    30  arrivals  program, or a noncitizen lawfully admitted for permanent resi-
    31  dence in the United States;
    32    § 13. Paragraph 6 of subdivision 1 of section 7504  of  the  education
    33  law,  as  amended by chapter 669 of the laws of 2022, is amended to read
    34  as follows:
    35    (6) Citizenship or immigration status: be a United States citizen,  an
    36  individual  enrolled  in  the  federal  deferred  action  for  childhood
    37  arrivals program, or a noncitizen lawfully admitted for permanent  resi-
    38  dence in the United States;
    39    §  14.  Subdivision 5 of section 7804 of the education law, as amended
    40  by chapter 669 of the laws of 2022, is amended to read as follows:
    41    (5) Citizenship or immigration status: be a United States citizen,  an
    42  individual  enrolled  in  the  federal  deferred  action  for  childhood
    43  arrivals program, or a noncitizen lawfully admitted for permanent  resi-
    44  dence in the United States;
    45    §  15.  This  act shall take effect on the sixtieth day after it shall
    46  have become a law. Effective immediately, the addition, amendment and/or
    47  repeal of any rule or regulation necessary  for  the  implementation  of
    48  this  act  on its effective date are authorized to be made and completed
    49  on or before such effective date.
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