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Legicrawler :: New York SB08732
NYSB08732
By RITCHIE | 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.
Status: 05/10/2018 : REFERRED TO JUDICIARY

New York Legislation provided by Legicrawler © 2017


S08732 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8732
 
                    IN SENATE
 
                                      May 10, 2018
                                       ___________
 
        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.
    24  The department of state may grant such temporary practice permit when it
    25  appears  based  on the application and supporting documentation received
    26  that the applicant will meet the  requirements  for  licensure  in  this
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15889-01-8

        S. 8732                             2

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

        S. 8732                             3
 
     1  of the remaining direct source verification documents requested  by  the
     2  department  in  such  time  period  and  that the delay in providing the
     3  necessary documentation  for  full  licensure  was  due  to  extenuating
     4  circumstances which the military spouse could not avoid.
     5    (c)  A  temporary  practice  permit issued under paragraph (b) of this
     6  subdivision shall be subject to the  full  disciplinary  and  regulatory
     7  authority  of  the  department,  pursuant  to  this  article, as if such
     8  authorization were a license issued under this article.
     9    (d) The department shall reduce the initial licensure application  fee
    10  by  one-half  for  any  application submitted by a military spouse under
    11  this subdivision.
    12    § 3. Section 69-p of the general business law is amended by  adding  a
    13  new subdivision 4 to read as follows:
    14    4.  (a)  Notwithstanding  any  provision  of  law to the contrary, any
    15  applicant seeking to qualify for a license pursuant to this article  who
    16  is the spouse of an active duty member of the armed forces of the United
    17  States,  national  guard  or  reserves as defined in 10 U.S.C.  sections
    18  1209 and 1211, and such spouse is transferred by the  military  to  this
    19  state  shall  be  afforded an expedited review of his or her application
    20  for licensure. Such application shall be on a  form  prescribed  by  the
    21  department of state and shall include an attestation by the applicant of
    22  the  military  status of his or her spouse and any other such supporting
    23  documentation that such department may  require.  Upon  review  of  such
    24  application, the department of state shall issue a license to the appli-
    25  cant  if the applicant holds a license in good standing in another state
    26  and in the opinion of such department, the requirements for licensure of
    27  such other state are substantially equivalent to  the  requirements  for
    28  licensure in this state.
    29    (b)  In  addition  to the expedited review granted in paragraph (a) of
    30  this subdivision, an applicant who provides  satisfactory  documentation
    31  that  he or she holds a license in good standing from another state, may
    32  request the issuance of a temporary practice permit, which,  if  granted
    33  will  permit  the  applicant to work under the supervision of a New York
    34  state licensee in accordance with regulations of the secretary of state.
    35  The department of state may grant such temporary practice permit when it
    36  appears based on the application and supporting  documentation  received
    37  that  the  applicant  will  meet  the requirements for licensure in this
    38  state because he or she holds a license in good  standing  from  another
    39  state  with  significantly comparable licensure requirements to those of
    40  this state, except the department of state has not been able  to  secure
    41  direct  source  verification  of  the applicant's underlying credentials
    42  (e.g., receipt of original transcript,  experience  verification).  Such
    43  permit  shall  be valid for six months or until ten days after notifica-
    44  tion that the applicant does not meet the qualifications for  licensure.
    45  An  additional  six  months  may  be granted upon a determination by the
    46  department of state that the applicant is expected to  qualify  for  the
    47  full  license  upon  receipt of the remaining direct source verification
    48  documents requested by the department of state in such time  period  and
    49  that  the delay in providing the necessary documentation for full licen-
    50  sure was due to extenuating  circumstances  which  the  military  spouse
    51  could not avoid.
    52    (c)  A  temporary  practice  permit issued under paragraph (b) of this
    53  subdivision shall be subject to the  full  disciplinary  and  regulatory
    54  authority  of  the  department of state, pursuant to this article, as if
    55  such authorization were a license issued under this article.

        S. 8732                             4
 
     1    (d) The department of state shall reduce the initial licensure  appli-
     2  cation  fee  by  one-half  for  any  application submitted by a military
     3  spouse under this subdivision.
     4    § 4. Section 72 of the general business law is amended by adding a new
     5  subdivision 5 to read as follows:
     6    5.  (a)  Notwithstanding  any  provision  of  law to the contrary, any
     7  applicant seeking to qualify for a license pursuant to this section  who
     8  is the spouse of an active duty member of the armed forces of the United
     9  States,  national  guard  or  reserves as defined in 10 U.S.C.  sections
    10  1209 and 1211, and such spouse is transferred by the  military  to  this
    11  state  shall  be  afforded an expedited review of his or her application
    12  for licensure. Such application shall be on a  form  prescribed  by  the
    13  department of state and shall include an attestation by the applicant of
    14  the  military  status of his or her spouse and any other such supporting
    15  documentation that such department may  require.  Upon  review  of  such
    16  application, the department of state shall issue a license to the appli-
    17  cant  if the applicant holds a license in good standing in another state
    18  and in the opinion of such department, the requirements for licensure of
    19  such other state are substantially equivalent to  the  requirements  for
    20  licensure in this state.
    21    (b)  In  addition  to the expedited review granted in paragraph (a) of
    22  this subdivision, an applicant who provides  satisfactory  documentation
    23  that  he or she holds a license in good standing from another state, may
    24  request the issuance of a temporary practice permit, which,  if  granted
    25  will  permit  the  applicant to work under the supervision of a New York
    26  state licensee in accordance with regulations of the secretary of state.
    27  The department of state may grant such temporary practice permit when it
    28  appears based on the application and supporting  documentation  received
    29  that  the  applicant  will  meet  the requirements for licensure in this
    30  state because he or she holds a license in good  standing  from  another
    31  state  with  significantly comparable licensure requirements to those of
    32  this state, except the department of state has not been able  to  secure
    33  direct  source  verification  of  the applicant's underlying credentials
    34  (e.g., receipt of original transcript,  experience  verification).  Such
    35  permit  shall  be valid for six months or until ten days after notifica-
    36  tion that the applicant does not meet the qualifications for  licensure.
    37  An  additional  six  months  may  be granted upon a determination by the
    38  department of state that the applicant is expected to  qualify  for  the
    39  full  license  upon  receipt of the remaining direct source verification
    40  documents requested by the department of state in such time  period  and
    41  that  the delay in providing the necessary documentation for full licen-
    42  sure was due to extenuating  circumstances  which  the  military  spouse
    43  could not avoid.
    44    (c)  A  temporary  practice  permit issued under paragraph (b) of this
    45  subdivision shall be subject to the  full  disciplinary  and  regulatory
    46  authority  of  the  department of state, pursuant to this article, as if
    47  such authorization were a license issued under this article.
    48    (d) The department of state shall reduce the initial licensure  appli-
    49  cation  fee  by  one-half  for  any  application submitted by a military
    50  spouse under this subdivision.
    51    § 5. Section 89-h of the general business law is amended by  adding  a
    52  new subdivision 12 to read as follows:
    53    12.  (a)  Notwithstanding  any  provision  of law to the contrary, any
    54  applicant seeking to qualify for a registration card  pursuant  to  this
    55  section  who  is the spouse of an active duty member of the armed forces
    56  of the United States, national guard or reserves as defined in 10 U.S.C.

        S. 8732                             5

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

        S. 8732                             6
 
     1  other state are substantially equivalent to the requirements for  licen-
     2  sure in this state.
     3    (b)  In  addition  to the expedited review granted in paragraph (a) of
     4  this subdivision, an applicant who provides  satisfactory  documentation
     5  that  he or she holds a license in good standing from another state, may
     6  request the issuance of a temporary practice permit, which,  if  granted
     7  will  permit  the  applicant to work under the supervision of a New York
     8  state licensee in accordance with  regulations  of  the  secretary.  The
     9  department  may  grant  such  temporary  practice permit when it appears
    10  based on the application and supporting documentation received that  the
    11  applicant will meet the requirements for licensure in this state because
    12  he  or  she  holds  a  license  in good standing from another state with
    13  significantly comparable licensure requirements to those of this  state,
    14  except  the department has not been able to secure direct source verifi-
    15  cation of the  applicant's  underlying  credentials  (e.g.,  receipt  of
    16  original  transcript,  experience  verification).  Such  permit shall be
    17  valid for six months or until  ten  days  after  notification  that  the
    18  applicant  does not meet the qualifications for licensure. An additional
    19  six months may be granted upon a determination by  the  department  that
    20  the  applicant  is expected to qualify for the full license upon receipt
    21  of the remaining direct source verification documents requested  by  the
    22  department  in  such  time  period  and  that the delay in providing the
    23  necessary documentation  for  full  licensure  was  due  to  extenuating
    24  circumstances which the military spouse could not avoid.
    25    (c)  A  temporary  practice  permit issued under paragraph (b) of this
    26  subdivision shall be subject to the  full  disciplinary  and  regulatory
    27  authority  of  the  department,  pursuant  to  this  article, as if such
    28  authorization were a license issued under this article.
    29    (d) The department shall reduce the initial licensure application  fee
    30  by  one-half  for  any  application submitted by a military spouse under
    31  this subdivision.
    32    § 7. Section 899-e of the general business law is amended by adding  a
    33  new subdivision 7 to read as follows:
    34    7.  (a)  Notwithstanding  any  provision  of  law to the contrary, any
    35  applicant seeking to qualify for a certificate of registration  pursuant
    36  to  this section who is the spouse of an active duty member of the armed
    37  forces of the United States, national guard or reserves as defined in 10
    38  U.S.C. sections 1209 and 1211, and such spouse  is  transferred  by  the
    39  military  to  this state shall be afforded an expedited review of his or
    40  her application for a  certificate  of  registration.  Such  application
    41  shall  be  on  a  form  prescribed  by the department of state and shall
    42  include an attestation by the applicant of the military status of his or
    43  her spouse and any other such supporting documentation that such depart-
    44  ment may require. Upon review of such  application,  the  department  of
    45  state  shall issue a certificate of registration to the applicant if the
    46  applicant holds a certificate of registration in good standing in anoth-
    47  er state and in the opinion of such  department,  the  requirements  for
    48  registration  of  such  other  state are substantially equivalent to the
    49  requirements for registration in this state.
    50    (b) In addition to the expedited review granted in  paragraph  (a)  of
    51  this  subdivision,  an applicant who provides satisfactory documentation
    52  that he or she holds a certificate of registration in good standing from
    53  another state, may request the issuance of a temporary practice  permit,
    54  which,  if  granted  will  permit the applicant to work under the super-
    55  vision of a New York state registrant in accordance with regulations  of
    56  the secretary of state. The department of state may grant such temporary

        S. 8732                             7

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

        S. 8732                             8
 
     1  The department may grant such temporary practice permit when it  appears
     2  based  on the application and supporting documentation received that the
     3  applicant will meet the requirements for licensure in this state because
     4  he  or  she  holds  a  license  in good standing from another state with
     5  significantly comparable licensure requirements to those of this  state,
     6  except  the department has not been able to secure direct source verifi-
     7  cation of the  applicant's  underlying  credentials  (e.g.,  receipt  of
     8  original  transcript,  experience  verification).  Such  permit shall be
     9  valid for six months or until  ten  days  after  notification  that  the
    10  applicant  does not meet the qualifications for licensure. An additional
    11  six months may be granted upon a determination by  the  department  that
    12  the  applicant  is expected to qualify for the full license upon receipt
    13  of the remaining direct source verification documents requested  by  the
    14  department  in  such  time  period  and  that the delay in providing the
    15  necessary documentation  for  full  licensure  was  due  to  extenuating
    16  circumstances which the military spouse could not avoid.
    17    (c)  A  temporary  practice  permit issued under paragraph (b) of this
    18  subdivision shall be subject to the  full  disciplinary  and  regulatory
    19  authority  of  the  department,  pursuant  to  this  section, as if such
    20  authorization were a license issued under this section.
    21    (d) The department shall reduce the initial licensure application  fee
    22  by  one-half  for  any  application submitted by a military spouse under
    23  this section.
    24    § 9. Subdivision 1 of section 25.13 of the arts and  cultural  affairs
    25  law,  as  amended by chapter 374 of the laws of 2007, is amended to read
    26  as follows:
    27    1. (a) No person, firm or corporation shall resell or  engage  in  the
    28  business of reselling any tickets to a place of entertainment or operate
    29  an  internet  website  or  any  other electronic service that provides a
    30  mechanism for two or more parties to participate in a resale transaction
    31  or that facilitates resale transactions by the means of an  auction,  or
    32  own,  conduct  or  maintain any office, branch office, bureau, agency or
    33  sub-agency for such business without having first procured a license  or
    34  certificate  for  each location at which business will be conducted from
    35  the secretary of state. Any operator or manager of a website that serves
    36  as a platform to facilitate resale, or resale by way  of  a  competitive
    37  bidding  process, solely between third parties and does not in any other
    38  manner engage in resales of tickets to places of entertainment shall  be
    39  exempt  from  the licensing requirements of this section. The department
    40  of state shall issue and deliver to  such  applicant  a  certificate  or
    41  license  to  conduct  such  business  and  to own, conduct or maintain a
    42  bureau, agency, sub-agency, office or branch office for the  conduct  of
    43  such  business  on  the  premises  stated  in  such application upon the
    44  payment by or on behalf of the applicant  of  a  fee  of  five  thousand
    45  dollars  and  shall  be renewed upon the payment of a like fee annually.
    46  Such license or certificate shall not be transferred or assigned, except
    47  by permission of the secretary of state.  Such  license  or  certificate
    48  shall  run  to  the  first day of January next ensuing the date thereof,
    49  unless sooner revoked by the secretary of state. Such license or certif-
    50  icate shall be granted upon a written  application  setting  forth  such
    51  information as the secretary of state may require in order to enable him
    52  or  her to carry into effect the provisions of this article and shall be
    53  accompanied by proof satisfactory to the secretary of state of the moral
    54  character of the applicant.
    55    (b) (i) Notwithstanding any provision of  law  to  the  contrary,  any
    56  applicant  seeking  to  qualify for a license or certificate pursuant to

        S. 8732                             9
 
     1  this section who is the spouse of an active duty  member  of  the  armed
     2  forces of the United States, national guard or reserves as defined in 10
     3  U.S.C.  sections  1209  and  1211, and such spouse is transferred by the
     4  military  to  this state shall be afforded an expedited review of his or
     5  her application for licensure or certification. Such  application  shall
     6  be  on a form prescribed by the department of state and shall include an
     7  attestation by the applicant of the military status of his or her spouse
     8  and any other such supporting documentation  that  such  department  may
     9  require.  Upon review of such application, the department of state shall
    10  issue a license or certificate to the applicant if the applicant holds a
    11  license or certificate in good standing in  another  state  and  in  the
    12  opinion  of  such  department, the requirements for licensure or certif-
    13  ication of such other state are substantially equivalent to the require-
    14  ments for licensure or certification in this state.
    15    (ii) In addition to the expedited review granted in  subparagraph  (i)
    16  of  this paragraph, an applicant who provides satisfactory documentation
    17  that he or she holds a license or  certificate  in  good  standing  from
    18  another  state, may request the issuance of a temporary practice permit,
    19  which, if granted will permit the applicant to  work  under  the  super-
    20  vision  of  a  New York state licensee or individual who is certified in
    21  accordance with regulations of the secretary of state. The department of
    22  state may grant such temporary practice permit when it appears based  on
    23  the application and supporting documentation received that the applicant
    24  will  meet the requirements for licensure or certification in this state
    25  because he or she holds a license or certificate in good  standing  from
    26  another  state  with  significantly comparable licensure requirements to
    27  those of this state, except the department of state has not been able to
    28  secure direct source verification of the applicant's underlying  creden-
    29  tials  (e.g.,  receipt of original transcript, experience verification).
    30  Such permit shall be valid for  six  months  or  until  ten  days  after
    31  notification  that  the  applicant  does not meet the qualifications for
    32  licensure or certification. An additional six months may be granted upon
    33  a determination by  the  department  of  state  that  the  applicant  is
    34  expected  to  qualify for the full license or certification upon receipt
    35  of the remaining direct source verification documents requested  by  the
    36  department  of state in such time period and that the delay in providing
    37  the necessary documentation for full licensure or certification was  due
    38  to extenuating circumstances which the military spouse could not avoid.
    39    (iii)  A  temporary  practice permit issued under subparagraph (ii) of
    40  this paragraph shall be subject to the full disciplinary and  regulatory
    41  authority  of  the  department of state, pursuant to this article, as if
    42  such authorization were a license or certificate issued under this arti-
    43  cle.
    44    (iv) The department of state shall reduce  the  initial  licensure  or
    45  certification  application fee by one-half for any application submitted
    46  by a military spouse under this subdivision.
    47    § 10. This act shall take effect immediately; provided, however,  that
    48  the  amendments  made  by  section nine of this act shall not affect the
    49  repeal and reversion of such article and shall be deemed repealed there-
    50  with.
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