Bill Text: NY S09237 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to licensing of military spouses with out-of-state licenses in equivalent occupations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-05-12 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S09237 Detail]

Download: New_York-2021-S09237-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9237

                    IN SENATE

                                      May 12, 2022
                                       ___________

        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs

        AN ACT to amend the general business law, the insurance law and the real
          property law, in relation to licensing of military spouses  with  out-
          of-state licenses in equivalent occupations

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

     1    Section 1. This act enacts into law components of legislation relating
     2  to the "Military Spouse Act of 2022".
     3    § 2. The general business law is amended by adding a new  article  2-A
     4  to read as follows:

     5                                 ARTICLE 2-A
     6                          ADMISSION TO A PROFESSION

     7    Section  20.  Admission  to  a profession; licensing, certification or
     8  registration.
     9    § 20. Admission to a profession; licensing, certification or registra-
    10  tion. Admission to practice of a profession governed by this chapter  in
    11  this  state is accomplished, where required, by a license, certification
    12  or certificate of registration being issued to a qualified applicant  by
    13  the  secretary  of  state.  To  qualify  for a license, certification or
    14  certificate of registration an applicant  shall  meet  the  requirements
    15  prescribed  in  the article for the particular profession and shall meet
    16  the requirements prescribed in section 3-503 of the general  obligations
    17  law;  provided  that,  notwithstanding  any  provision of the law to the
    18  contrary, any applicant who is the spouse of a member of the armed forc-
    19  es of the United States, national guard or reserves may submit satisfac-
    20  tory evidence of licensure, certification or registration to practice an
    21  equivalent occupation issued by any other state, territory, protectorate
    22  or dependency of the United States in lieu of the  submissions  required
    23  by  the  article of this chapter for the particular profession, provided
    24  that such license, certification  or  certificate  of  registration  was

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15268-01-2

        S. 9237                             2

     1  granted  in compliance with standards which were, in the judgment of the
     2  secretary, not lower than those of this state.
     3    §  3. Subsection (d) of section 2136 of the insurance law, as added by
     4  chapter 687 of the laws of 2003, is amended to read as follows:
     5    (d) (1)  the  applicant's  home  state  awards  nonresident  insurance
     6  producer  licenses  to  residents  of  this  state  on the same basis as
     7  provided in this subsection; or
     8    (2) the applicant is the spouse of a member of the armed forces of the
     9  United States, national guard or reserves.
    10    § 4. Section 442-g of the real property law is amended by adding a new
    11  subdivision 1-a to read as follows:
    12    1-a. No nonresident applicant who is the spouse of  a  member  of  the
    13  armed forces of the United States, national guard, or reserves regularly
    14  engaged in the real estate business as a vocation, who maintains a defi-
    15  nite  place  of  business and is licensed by any other state, territory,
    16  protectorate or dependency of the United States, shall  be  required  to
    17  maintain  a  place  of  business within this state. The commission shall
    18  recognize the license issued by another state to an applicant who is the
    19  spouse of a member of the armed forces of the  United  States,  national
    20  guard,  or reserves as qualification for a license in New York, provided
    21  that such license was granted in compliance with standards  which  were,
    22  in the judgment of the secretary, not lower than those of this state.
    23    § 5. Section 444-e of the real property law is amended by adding a new
    24  subdivision 2-a to read as follows:
    25    2-a.  Any  applicant  for a license who is a spouse of a member of the
    26  armed forces of the United States, national guard or reserves may submit
    27  satisfactory evidence of licensure to practice an equivalent  occupation
    28  issued  by any other state, territory, protectorate or dependency of the
    29  United States in lieu of the evidence of education, experience and exam-
    30  ination required by subdivision one of this section, provided that  such
    31  license  was  granted  in  compliance  with standards which were, in the
    32  judgment of the secretary, not lower than those of this state.
    33    § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
    34  sion, section or part of this act shall be  adjudged  by  any  court  of
    35  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    36  impair, or invalidate the remainder thereof, but shall  be  confined  in
    37  its  operation  to the clause, sentence, paragraph, subdivision, section
    38  or part thereof directly involved in the controversy in which such judg-
    39  ment shall have been rendered. It is hereby declared to be the intent of
    40  the legislature that this act would  have  been  enacted  even  if  such
    41  invalid provisions had not been included herein.
    42    §  7.  This  act shall take effect on the ninetieth day after it shall
    43  have become a law. Effective immediately, the addition, amendment and/or
    44  repeal of any rule or regulation necessary  for  the  implementation  of
    45  this  act  on its effective date are authorized to be made and completed
    46  on or before such effective date.
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