BILL NUMBER: S1086B
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the civil rights law, the public officers law, the tax
law, the general obligations law, the education law, the alcoholic
beverage control law, the general city law, the general business law,
the labor law and the judiciary law, in relation to enacting the empire
state licensing act; and to repeal certain provisions of the education
law, the alcoholic beverage control law and the public health law relat-
ing thereto
 
PURPOSE:
To provide all New Yorkers with access to professional, occupation-
al,commercial, or business licenses, permits, certificates, or related
registrations, regardless of an applicant's citizenship or immigration
status, or lack thereof, and thus promote economic vitality.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides that this act shall be known and may be cited as
the"Empire State Licensing Act."
Section 2 adds article 4-D to the Civil Rights Law, titled "Rights oflm-
migrants in Licensing" as an affirmative enactment that no applicant
shall be denied a professional, occupational, commercial, or business,
permit, certificate, or any other substantially similar permission, or
related registration, on account of their citizenship or immigration
status, or lack thereof. It also allows for the provision of an individ-
ual taxpayer identification number whenever a social security number
would be otherwise required, without inquiring into the unavailability
of a social security number.
This section also protects sensitive information and documents and
requires that:
*Information or documents related to an applicant's citizenship or immi-
gration status, or lack thereof, shall not be solicited.
*Information or documents that may be probative of an applicant's place
of birth, except a social security number/card or individual
taxpayer/identification number/card, are only solicited when necessary
to establish age, if relevant, or identity, and a New York driver's
license or learner's permit, or similar document issued by another
state, district,or territory within the United States, shall be suffi-
cient for suchpurposes.
*Originals or copies of any documents that may be probative of an appli-
cant's place of birth are retained only for as long as is required to
review the application.
*To the maximum extent allowed by applicable federal and state
law,information or documents that may be probative of an applicant's
place of birth shall be treated as confidential and not subject to
disclosure unless at the request of the individual to whom such informa-
tion pertains (or parent or legal guardian) or as is necessary to comply
with a court order, judicial warrant, or subpoena.
*Individuals shall be provided with a copy of any court order, judicial
warrant, or subpoena for information or documents pertaining to them
within three business days of receipt, and only what is specifically
sought shall be disclosed. If confidential information or documents must
be disclosed to another state entity pursuant to state law, the receiv-
ing entity shall have the same obligation to maintain confidentiality
and protect against disclosure. For the avoidance of doubt, electron-
ically stored information and documents are included. Passive electronic
access by non-authorized parties is prohibited.
Section 3 amends subparagraphs vii and viii of paragraph (b) of subdivi-
sion 2 of section 89 of the Public Officers Law, as it relates to gener-
al provisions relating to access to records for certain cases, to make
clear that information that might indicate an applicant's citizenship or
immigration status is not subject to disclosure as it would constitute
an unwarranted invasion of personal privacy.
Sections 4 through 38 amends or repeal provisions of the Tax Law, Gener-
al Obligations Law, Education Law, Alcoholic Beverage Control
Law,General City Law, Public Health Law, General Business Law, Labor
Law,and Judiciary Law to make conforming changes.
Section 39 provides a severability clause.
Section 40 provides that the law shall become effective on the one
hundred eightieth day after it shall have become a law, with any addi-
tion, amendment, and/or repeal of rule or regulation necessary for the
implementation to be authorized immediately.
 
JUSTIFICATION:
The number of jobs requiring licenses has increased dramatically over
the past 60 years. Currently, over 1,100 different occupations require
a license and approximately 25 percent of all workers nationwide are
required to obtain one in order to work in their occupations. Examples
of such professions include attorneys, nurses, massage therapists, land-
scape architects, barbers, real estate brokers, food salvagers, and
teachers. Talented and otherwise qualified applicants are currently
precluded from acquiring certain professional licenses, permits, certif-
ications, and registrations in the State of New York due to lack of
citizenship or immigration status.
New York is home to about 4.3 million immigrants, and of those over
600,000 are undocumented. Of those 600,000 undocumented people, over
20,000 of them are Deferred Action for Childhood Arrivals
("DACA")recipients. While New York has enacted some policies that enable
immigrants with work authorization to access certain professional
licenses,many qualified DACA recipients and other noncitizens who have
been locked out of a pathway to legal status are left out. With DACA and
similar programs under imminent threat of termination, it is critical
for New York to ensure immigrants can continue to be an integral part of
the state's workforce and economy.
More than one-third of adult immigrants in New York have a college
degree or further education. Without access to occupational and profes-
sional licenses and business registration, many of these individuals
will not be able to pursue careers in occupations in which they are
trained, depriving individuals of fully benefiting from their
skills.Other noncitizens forego higher education or specialized training
because of licensing restrictions. Licensure barriers for noncitizens
also prevent the State from benefiting from the full tax revenue of
noncitizens, as the inability to obtain licenses constricts noncitizen
incomes. On average, licensed workers earn higher wages and hold
increased job security.
This bill addresses the compelling need to remove the citizenship and
immigration status requirements for the acquisition of profession-
al,occupational, commercial, and business licenses for noncitizen appli-
cants, as they do not comport with prevailing principles underlying
jurisprudence of equity and fairness. This unjustifiable exclusion
undermines New York's efforts to promote economic growth and support
immigrant communities. Our State recognizes the value of providing ever-
yNew Yorker with the opportunity to apply for and acquire licensesperm
its, certifications, and registrations if they are otherwise qualified
for the interests of fostering entrepreneurship and economic growth in
the community-at-large.
 
LEGISLATIVE HISTORY:
2019-2020: S8481/A10633 Cruz
2021-2022: S3046/A1952 Cruz
2023-2024: S5964/A8263 Cruz
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law; provided. Effective immediately, the addi-
tion,amendment, and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.

Statutes affected:
S1086: 3-503 general obligations law, 3-503(2) general obligations law, 6506 education law, 6506(6) education law, 6524 education law, 6524(6) education law, 6525 education law, 6525(1) education law, 6554 education law, 6554(6) education law, 6604 education law, 6604(6) education law, 6604-b education law, 6604-b(7) education law, 6609 education law, 6609(6) education law, 6704 education law, 6704(6) education law, 6711 education law, 6711(6) education law, 6711-a education law, 6711-a(1) education law, 6805 education law, 6805(1) education law, 6906 education law, 6906(6) education law, 6955 education law, 6955(6) education law, 7004 education law, 7004(6) education law, 7104 education law, 7104(6) education law, 7124 education law, 7124(a) education law, 7206 education law, 7206(1) education law, 7206-a education law, 7206-a(1) education law, 7304 education law, 7304(1) education law, 7324 education law, 7324(1) education law, 7404 education law, 7404(1) education law, 7504 education law, 7504(1) education law, 7603 education law, 7603(6) education law, 7804 education law, 7804(5) education law, 7806 education law, 7806(1) education law, 7904 education law, 7904(6) education law, 8305 education law, 8305(1) education law, 110 alcoholic beverage control law, 110(1) alcoholic beverage control law, 126 alcoholic beverage control law, 126(3) alcoholic beverage control law, 126(4) alcoholic beverage control law, 10 general city law, 3421 public health law, 3421(2) public health law, 41 general business law, 341 labor law, 341(1) labor law, 460 judiciary law
S1086A: 3-503 general obligations law, 3-503(2) general obligations law, 6506 education law, 6506(6) education law, 6524 education law, 6524(6) education law, 6525 education law, 6525(1) education law, 6528 education law, 6554 education law, 6554(6) education law, 6604 education law, 6604(6) education law, 6604-b education law, 6604-b(7) education law, 6609 education law, 6609(6) education law, 6704 education law, 6704(6) education law, 6707 education law, 6707(1) education law, 6711 education law, 6711(6) education law, 6711-a education law, 6711-a(1) education law, 6805 education law, 6805(1) education law, 6905 education law, 6905(6) education law, 6906 education law, 6906(6) education law, 6955 education law, 6955(6) education law, 6956 education law, 7004 education law, 7004(6) education law, 7104 education law, 7104(6) education law, 7124 education law, 7124(a) education law, 7206 education law, 7206(1) education law, 7206-a education law, 7206-a(1) education law, 7304 education law, 7304(1) education law, 7324 education law, 7324(1) education law, 7404 education law, 7404(1) education law, 7504 education law, 7504(1) education law, 7603 education law, 7603(6) education law, 7804 education law, 7804(5) education law, 7806 education law, 7806(1) education law, 7904 education law, 7904(6) education law, 8305 education law, 8305(1) education law, 110 alcoholic beverage control law, 110(1) alcoholic beverage control law, 126 alcoholic beverage control law, 126(3) alcoholic beverage control law, 126(4) alcoholic beverage control law, 10 general city law, 3421 public health law, 3421(2) public health law, 41 general business law, 341 labor law, 341(1) labor law, 460 judiciary law
S1086B: 3-503 general obligations law, 3-503(2) general obligations law, 6506 education law, 6506(6) education law, 6524 education law, 6524(6) education law, 6525 education law, 6525(1) education law, 6528 education law, 6554 education law, 6554(6) education law, 6604 education law, 6604(6) education law, 6604-b education law, 6604-b(7) education law, 6609 education law, 6609(6) education law, 6704 education law, 6704(6) education law, 6707 education law, 6707(1) education law, 6711 education law, 6711(6) education law, 6711-a education law, 6711-a(1) education law, 6805 education law, 6805(1) education law, 6905 education law, 6905(6) education law, 6906 education law, 6906(6) education law, 6955 education law, 6955(6) education law, 6956 education law, 7004 education law, 7004(6) education law, 7104 education law, 7104(6) education law, 7124 education law, 7124(a) education law, 7206 education law, 7206(1) education law, 7206-a education law, 7206-a(1) education law, 7304 education law, 7304(1) education law, 7324 education law, 7324(1) education law, 7404 education law, 7404(1) education law, 7504 education law, 7504(1) education law, 7603 education law, 7603(6) education law, 7804 education law, 7804(5) education law, 7806 education law, 7806(1) education law, 7904 education law, 7904(6) education law, 8305 education law, 8305(1) education law, 110 alcoholic beverage control law, 110(1) alcoholic beverage control law, 126 alcoholic beverage control law, 126(3) alcoholic beverage control law, 126(4) alcoholic beverage control law, 10 general city law, 3421 public health law, 3421(2) public health law, 41 general business law, 341 labor law, 341(1) labor law, 460 judiciary law