Bill Text: NY S07879 | 2013-2014 | General Assembly | Introduced
Bill Title: Enacts the "New York is home act" to establish New York state citizenship, regardless of immigration status, and providing certain rights and benefits to persons with such citizenship.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-06-16 - REFERRED TO RULES [S07879 Detail]
Download: New_York-2013-S07879-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 7879 A. 10129
S E N A T E - A S S E M B L Y
June 16, 2014
___________
IN SENATE -- Introduced by Sen. RIVERA -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Rules
IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
A. Camara) -- read once and referred to the Committee on Governmental
Operations
AN ACT to amend the executive law, the election law, the public officers
law, the tax law, the general obligations law, the education law, the
alcoholic beverage control law, the general city law, chapter 882 of
the laws of 1953, establishing a compact with the state of New Jersey
for the elimination of criminal and corrupt practices in the handling
of waterborne freight within the port of New York district, the public
health law, the general business law, the real property law, the judi-
ciary law, the vehicle and traffic law, the social services law and
the correction law, in relation to enacting the "New York is home act"
to establish New York state citizenship, regardless of federal immi-
gration status, and requiring the provision of certain rights of such
citizenship; to repeal subdivision 1 of section 502 of the vehicle and
traffic law relating to applications for drivers' licenses; to repeal
section 131-k of the social services law relating to illegal aliens;
and to repeal subdivision 3 of section 661 of the education law relat-
ing to residency for eligibility for student financial aid
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York is home act".
3 S 2. Legislative findings. The legislature hereby finds that New York
4 is home to over 19.5 million individuals, including workers, consumers,
5 students, neighbors and taxpayers. The wellbeing of this state is inex-
6 tricably linked to the wellbeing of all these New Yorkers. These New
7 Yorkers share a common destiny and common dreams: a thriving New York
8 state replete with healthy families, healthy communities and striving
9 businesses. New York is home to these individuals, regardless of their
10 federal immigration status.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15364-02-4
S. 7879 2 A. 10129
1 This act addresses the compelling need to lift up all state residents,
2 upon whom this state's society, vibrancy, health and economic growth
3 depend. Our state recognizes the value of those who contribute to and
4 make our state home.
5 It also makes economic sense to enable all New Yorkers, who are pres-
6 ent in and a part of the fabric of our state, to contribute fully to our
7 state revenue, to participate in our state conversations, and to access
8 benefits that are the foundation of a healthy, thriving New York state.
9 Although the futures of many New Yorkers are undeniably circumscribed by
10 current federal immigration law, many of those New Yorkers also enjoy an
11 inchoate federal permission to be here, and this state enables them to
12 make our state their home, as well. Many of these New Yorkers pay taxes,
13 with approximately $744 million paid in state and local taxes each year.
14 However, current state law prevents them from accessing equal higher
15 education opportunities, health care benefits, drivers licenses and
16 professional licenses. Denying New Yorkers these benefits means denying
17 the state its full potential to succeed.
18 The state of New York respects the exclusive province of the federal
19 government to regulate immigration and the flow of immigrants into and
20 out of our country. However, this state retains and asserts its historic
21 authority to define its citizenry, and to affirmatively provide state
22 and local public benefits to citizens of the state of New York. The
23 state seeks to provide such benefits to all of its citizens, irrespec-
24 tive of that individual's eligibility for the same under federal law or
25 pursuant to federal funding. There is nothing in this act that should be
26 deemed to conflict with federal law.
27 S 3. The executive law is amended by adding a new article 14-A to read
28 as follows:
29 ARTICLE 14-A
30 NEW YORK STATE CITIZENSHIP
31 SECTION 275. DEFINITIONS.
32 275-A. STATE CITIZENSHIP; ADMINISTRATION.
33 275-B. ELIGIBILITY CRITERIA.
34 275-C. ACCEPTABILITY; BENEFITS.
35 275-D. STATE AGENCY REVIEW.
36 275-E. SEVERABILITY.
37 275-F. LOCAL LAWS.
38 S 275. DEFINITIONS. AS USED IN THIS ARTICLE:
39 1. "NEW YORK STATE CITIZEN" OR "CITIZEN" SHALL MEAN ANY INDIVIDUAL WHO
40 SATISFIES THE REQUIREMENTS OF SUBDIVISION ONE OF SECTION TWO HUNDRED
41 SEVENTY-FIVE-C OF THIS ARTICLE.
42 2. "NEW YORK STATE IDENTIFICATION CARD" SHALL MEAN THE PHYSICAL IDEN-
43 TIFICATION CARD THAT A CITIZEN IS ELIGIBLE TO RECEIVE, AND WHICH
44 INCLUDES THAT CITIZEN'S NEW YORK STATE IDENTIFICATION NUMBER AND SUCH
45 CARD'S DATE OF ISSUANCE.
46 3. "NEW YORK STATE IDENTIFICATION NUMBER" SHALL MEAN THE UNIQUE IDEN-
47 TIFICATION NUMBER THAT A CITIZEN IS ASSIGNED BY THE OFFICE AND WHICH
48 APPEARS ON SUCH CITIZEN'S NEW YORK STATE IDENTIFICATION CARD.
49 4. "OFFICE" SHALL MEAN THE OFFICE FOR NEW AMERICANS ESTABLISHED BY THE
50 GOVERNOR.
51 S 275-A. STATE CITIZENSHIP; ADMINISTRATION. 1. THE PROVISIONS OF THIS
52 ARTICLE SHALL BE ADMINISTERED BY THE OFFICE. THE OFFICE SHALL:
53 (A) RECOGNIZE THE NEW YORK STATE CITIZENSHIP OF ANY INDIVIDUAL
54 DESCRIBED IN SUBDIVISION ONE OF SECTION TWO HUNDRED SEVENTY-FIVE-B OF
55 THIS ARTICLE, AND GRANT AND RENEW NEW YORK STATE CITIZENSHIP TO ANY
S. 7879 3 A. 10129
1 INDIVIDUAL WHO MEETS THE CRITERIA SET FORTH IN SUBDIVISION TWO OF
2 SECTION TWO HUNDRED SEVENTY-FIVE-B OF THIS ARTICLE;
3 (B) GRANT A NEW YORK STATE IDENTIFICATION CARD AND NEW YORK STATE
4 IDENTIFICATION NUMBER TO ANY CITIZEN;
5 (C) GRANT A RENEWED NEW YORK STATE IDENTIFICATION CARD AND NEW YORK
6 STATE IDENTIFICATION NUMBER TO ANY CITIZEN DESCRIBED IN SUBDIVISION ONE
7 OF SECTION TWO HUNDRED SEVENTY-FIVE-B OF THIS ARTICLE, AND TO ANY CITI-
8 ZEN DESCRIBED IN SUBDIVISION TWO OF SECTION TWO HUNDRED SEVENTY-FIVE-B
9 OF THIS ARTICLE, WHO DEMONSTRATES THAT THEY CONTINUE TO SATISFY THE
10 CRITERIA SET FORTH THEREIN;
11 (D) PROMULGATE RULES AND REGULATIONS TO EFFECT THE PURPOSES OF THIS
12 ARTICLE; AND
13 (E) ESTABLISH, PUBLICIZE AND ADMINISTER PROCEDURES TO GRANT NEW YORK
14 STATE CITIZENSHIP, NEW YORK STATE IDENTIFICATION CARDS AND NEW YORK
15 STATE IDENTIFICATION NUMBERS.
16 2. NEW YORK STATE CITIZENSHIP SHALL BE A CONTINUING STATUS THAT SHALL
17 END WHEN AN INDIVIDUAL IS NO LONGER A RESIDENT OF THE STATE. THE NEW
18 YORK STATE IDENTIFICATION CARD AND NEW YORK STATE IDENTIFICATION NUMBER
19 SHALL BE VALID FOR A PERIOD OF FIVE YEARS AFTER THE DATE OF ISSUANCE.
20 S 275-B. ELIGIBILITY CRITERIA. ANY INDIVIDUAL, REGARDLESS OF HIS OR
21 HER IMMIGRATION STATUS, WHO MEETS EITHER OF THE FOLLOWING REQUIREMENTS
22 SHALL BE DEEMED TO BE A CITIZEN:
23 1. IS A RESIDENT OF THE STATE WHO IS A CITIZEN OF THE UNITED STATES;
24 2. IS ADJUDGED BY THE OFFICE TO SATISFY ALL OF THE FOLLOWING CRITERIA:
25 (A) HAS PROOF OF IDENTITY;
26 (B) HAS BEEN A RESIDENT OF THE STATE FOR NOT LESS THAN THREE YEARS;
27 (C) HAS PAID STATE RESIDENT PERSONAL INCOME TAXES, PURSUANT TO ARTICLE
28 TWENTY-TWO OF THE TAX LAW, FOR A PERIOD OF NOT LESS THAN THREE TAXABLE
29 YEARS; PROVIDED HOWEVER, THAT SUCH REQUIREMENT SHALL NOT APPLY TO INDI-
30 VIDUALS WHO ARE STUDENTS, PRIMARY CAREGIVERS, UNABLE TO WORK DUE TO
31 DISABILITY, UNEMPLOYED OR OTHERWISE NOT REQUIRED PURSUANT TO SUCH ARTI-
32 CLE OF THE TAX LAW TO REPORT HIS OR HER INCOME;
33 (D) HAS PLEDGED TO ABIDE BY THE LAWS OF THE STATE AND TO UPHOLD THE
34 PROVISIONS OF THE STATE CONSTITUTION; AND
35 (E) HAS ATTESTED TO HIS OR HER WILLINGNESS TO SERVE ON JURY DUTY,
36 PURSUANT TO ARTICLE SIXTEEN OF THE JUDICIARY LAW, AND TO CONTINUE TO PAY
37 ANY TAXES REQUIRED TO BE PAID BY HIM OR HER PURSUANT TO ANY PROVISION OF
38 STATE OR LOCAL LAW.
39 3. (A) THE STATE SHALL NOT RETAIN ORIGINALS OR COPIES OF RECORDS
40 PROVIDED BY AN APPLICANT TO PROVE IDENTITY OR RESIDENCY OR OTHER ELIGI-
41 BILITY REQUIREMENTS OF STATE CITIZENSHIP.
42 (B) TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE FEDERAL AND STATE LAW,
43 INFORMATION COLLECTED ABOUT APPLICANTS FOR STATE CITIZENSHIP SHALL BE
44 TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO GOVERNMENT ENTI-
45 TIES OR PRIVATE PARTIES UNLESS SUCH DISCLOSURE IS:
46 (I) AUTHORIZED IN WRITING BY THE INDIVIDUAL TO WHOM SUCH INFORMATION
47 PERTAINS, OR IF SUCH INDIVIDUAL IS A MINOR OR IS OTHERWISE NOT LEGALLY
48 COMPETENT, BY SUCH INDIVIDUAL'S PARENT OR LEGAL GUARDIAN; OR
49 (II) SO ORDERED BY A COURT OF COMPETENT JURISDICTION.
50 S 275-C. ACCEPTABILITY; BENEFITS. 1. EXCEPT AS OTHERWISE PROVIDED BY
51 FEDERAL LAW, A NEW YORK STATE IDENTIFICATION CARD SHALL BE ACCEPTED AND
52 BE DEEMED TO BE VALID GOVERNMENT IDENTIFICATION WHERE A STATE DRIVERS'
53 LICENSE WOULD BE ACCEPTED, AND THE NEW YORK STATE IDENTIFICATION NUMBER
54 SHALL BE ACCEPTED FOR USE IN SUBSTITUTION FOR A SOCIAL SECURITY NUMBER.
55 2. ANY PERSON IN POSSESSION OF A VALID NEW YORK STATE IDENTIFICATION
56 CARD SHALL NOT BE DISQUALIFIED FROM ELIGIBILITY FOR ANY OF THE FOLLOWING
S. 7879 4 A. 10129
1 STATE BENEFITS BY VIRTUE OF HIS OR HER LACK OF DOCUMENTATION OF FEDERAL
2 IMMIGRATION STATUS:
3 (A) ANY LICENSE, PERMIT, CERTIFICATE OR GRANT OF PERMISSION, AS
4 DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF SECTION 3-503 OF THE GENER-
5 AL OBLIGATIONS LAW AND REQUIRED BY THE LAWS OF THIS STATE, ITS POLITICAL
6 SUBDIVISIONS OR INSTRUMENTALITIES AS A CONDITION FOR THE LAWFUL PRACTICE
7 OF ANY OCCUPATION, EMPLOYMENT, TRADE, VOCATION, BUSINESS OR PROFESSION,
8 AND ISSUED BY THE STATE OR ANY POLITICAL SUBDIVISION THEREOF;
9 (B) THE ABILITY TO REGISTER FOR AND VOTE AT STATE AND LOCAL ELECTIONS,
10 AS PROVIDED IN SECTION 5-100 OF THE ELECTION LAW;
11 (C) PUBLIC HEALTH BENEFITS;
12 (D) A DRIVERS' LICENSE, PURSUANT TO SECTION FIVE HUNDRED TWO OF THE
13 VEHICLE AND TRAFFIC LAW; AND
14 (E) BENEFITS GOVERNED BY ARTICLES THIRTEEN AND FOURTEEN OF THE EDUCA-
15 TION LAW, SUCH AS GENERAL AWARDS, ACADEMIC PERFORMANCE AWARDS AND
16 STUDENT LOANS FOR HIGHER EDUCATION; ASSISTANCE UNDER THE HIGHER EDUCA-
17 TION OPPORTUNITY PROGRAMS AND THE COLLEGIATE SCIENCE AND TECHNOLOGY
18 ENTRY PROGRAM; FINANCIAL AID OPPORTUNITIES FOR STUDENTS OF THE STATE
19 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK AND COMMUNITY
20 COLLEGES; AND THE NEW YORK STATE COLLEGE CHOICE TUITION SAVINGS PROGRAM.
21 3. NOTHING IN THIS SECTION SHALL BE DEEMED TO DEPRIVE ANY INDIVIDUAL
22 OF ANY BENEFIT RECEIVED BY HIM OR HER PURSUANT TO LAW PRIOR TO THE
23 EFFECTIVE DATE OF THIS ARTICLE.
24 S 275-D. STATE AGENCY REVIEW. ALL STATE AGENCIES SHALL REVIEW THEIR
25 RULES AND REGULATIONS TO MAKE SURE THEY ARE CONSISTENT WITH THIS ARTI-
26 CLE, AND MAKE SUCH NECESSARY CHANGES WITHIN ONE HUNDRED EIGHTY DAYS OF
27 THE EFFECTIVE DATE OF THIS ARTICLE.
28 S 275-E. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
29 PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
30 DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
31 DATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
32 THE CLAUSE, SENTENCE, PARAGRAPH, SECTION, OR PART THEREOF DIRECTLY
33 INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN
34 RENDERED.
35 S 275-F. LOCAL LAWS. THIS ARTICLE SHALL NOT PREVENT THE ESTABLISH-
36 MENT, CONTINUING IN EFFECT OR ENFORCEMENT OF ANY LAW OR REGULATION OF
37 ANY POLITICAL SUBDIVISION OF THE STATE THAT PROTECTS THE RIGHTS OR
38 FOSTERS THE INTEGRATION OF NEW YORK STATE CITIZENS IN A MANNER NOT
39 INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
40 S 4. Subdivision 1 of section 5-102 of the election law is amended to
41 read as follows:
42 1. No person shall be qualified to register for and vote at any
43 election unless he OR SHE is a citizen of the United States OR HE OR SHE
44 POSSESSES A NEW YORK STATE IDENTIFICATION CARD, and is or will be, on
45 the day of such election, eighteen years of age or over, and a resident
46 of this state and of the county, city or village for a minimum of thirty
47 days next preceding such election.
48 S 5. Subdivision 1 of section 3 of the public officers law, as amended
49 by chapter 44 of the laws of 1982, is amended to read as follows:
50 1. No person shall be capable of holding a civil office who shall not,
51 at the time he shall be chosen thereto, have attained the age of eigh-
52 teen years, except that in the case of youth boards, youth commissions
53 or recreation commissions only, members of such boards or commissions
54 may be under the age of eighteen years, but must have attained the age
55 of sixteen years on or before appointment to such youth board, youth
56 commission or recreation commission, be a citizen of the United States
S. 7879 5 A. 10129
1 OR A NEW YORK STATE CITIZEN, a resident of the state, and if it be a
2 local office, a resident of the political subdivision or municipal
3 corporation of the state for which he shall be chosen, or within which
4 the electors electing him reside, or within which his official functions
5 are required to be exercised, or who shall have been or shall be
6 convicted of a violation of the selective draft act of the United
7 States, enacted May eighteenth, nineteen hundred seventeen, or the acts
8 amendatory or supplemental thereto, or of the federal selective training
9 and service act of nineteen hundred forty or the acts amendatory thereof
10 or supplemental thereto.
11 S 6. Subparagraphs vi and vii of paragraph (b) of subdivision 2 of
12 section 89 of the public officers law, as amended by section 11 of part
13 U of chapter 61 of the laws of 2011, are amended and two new subpara-
14 graphs viii and ix are added to read as follows:
15 vi. information of a personal nature contained in a workers' compen-
16 sation record, except as provided by section one hundred ten-a of the
17 workers' compensation law; [or]
18 vii. disclosure of electronic contact information, such as an e-mail
19 address or a social network username, that has been collected from a
20 taxpayer under section one hundred four of the real property tax law[.];
21 VIII. DISCLOSURE OF INFORMATION USED TO OBTAIN NEW YORK STATE CITIZEN-
22 SHIP ON A NEW YORK STATE IDENTIFICATION CARD INCLUDING BUT NOT LIMITED
23 TO NAMES, ADDRESSES AND IDENTIFYING INFORMATION OF RECIPIENTS OR APPLI-
24 CANTS OF SUCH CITIZENSHIP OR CARDS, AND ANY INFORMATION THAT COULD
25 REASONABLY BE EXPECTED TO LEAD TO SUCH DISCLOSURE; OR
26 IX. DISCLOSURE OF INFORMATION WHEN DISCLOSURE WOULD RESULT IN IDEN-
27 TIFICATION OF PEOPLE WHO ARE NEW YORK STATE CITIZENS.
28 S 7. Subdivision 2 of section 5 of the tax law, as amended by chapter
29 170 of the laws of 1994, is amended to read as follows:
30 2. Requiring information. Notwithstanding any other provision of law,
31 every covered agency shall, as part of the procedure for granting,
32 renewing, amending, supplementing or restating the license of any person
33 or at the time the covered agency contracts to purchase or purchases
34 goods or services or leases real or personal property from any person,
35 require that each such person provide to the covered agency such
36 person's federal social security account number [or], federal employer
37 identification number OR NEW YORK STATE IDENTIFICATION NUMBER, or [both]
38 ALL such numbers when such person has [both] MORE THAN ONE such
39 [numbers] NUMBER, or, where such person does not have such number or
40 numbers, the reason or reasons why such person does not have such number
41 or numbers. Such numbers or reasons shall be obtained by such covered
42 agency as part of the administration of the taxes administered by the
43 commissioner for the purpose of establishing the identification of
44 persons affected by such taxes.
45 S 8. Subparagraph 3 of paragraph (a) of subdivision 3 of section 5 of
46 the tax law, as amended by chapter 170 of the laws of 1994, is amended
47 to read as follows:
48 (3) federal social security account number [or], federal employer
49 identification number OR NEW YORK STATE IDENTIFICATION NUMBER, or [both]
50 ALL such numbers where such person has [both] MORE THAN ONE such
51 [numbers] NUMBER, or the reason or reasons, furnished by such person,
52 why such person does not have such number or numbers.
53 S 9. The opening paragraph of subdivision 2 of section 3-503 of the
54 general obligations law, as amended by chapter 398 of the laws of 1997,
55 is amended to read as follows:
S. 7879 6 A. 10129
1 Every applicant for a license or renewal thereof shall provide his or
2 her social security number OR, IF HE OR SHE DOES NOT HAVE A SOCIAL SECU-
3 RITY NUMBER, HIS OR HER NEW YORK STATE IDENTIFICATION NUMBER on the
4 application. Additionally, every applicant for a license or renewal
5 thereof shall certify in the application in a written statement under
6 oath, duly sworn and subscribed, that as of the date the application is
7 filed he or she is (or is not) under obligation to pay child support and
8 that if he or she is under such an obligation, that he or she does (or
9 does not) meet one of the following requirements:
10 S 10. Paragraph (f) of subdivision 6 of section 6506 of the education
11 law, as amended by chapter 133 of the laws of 1982, is amended to read
12 as follows:
13 (f) Citizenship or immigration status: be a United States citizen
14 [or], an alien lawfully admitted for permanent residence in the United
15 States OR A NEW YORK STATE CITIZEN;
16 S 11. Subdivision 6 of section 6524 of the education law, as amended
17 by chapter 379 of the laws of 2008, is amended to read as follows:
18 (6) Citizenship or immigration status: be a United States citizen
19 [or], an alien lawfully admitted for permanent residence in the United
20 States[; provided, however that the board of regents may grant a three
21 year waiver for an alien physician to practice in an area which has been
22 designated by the department as medically underserved, except that the
23 board of regents may grant an additional extension not to exceed six
24 years to an alien physician to enable him or her to secure citizenship
25 or permanent resident status, provided such status is being actively
26 pursued; and provided further that the board of regents may grant an
27 additional three year waiver, and at its expiration, an extension for a
28 period not to exceed six additional years, for the holder of an H-1b
29 visa, an O-1 visa, or an equivalent or successor visa thereto] OR A NEW
30 YORK STATE CITIZEN;
31 S 12. Subdivision 6 of section 6554 of the education law, as amended
32 by chapter 133 of the laws of 1982, is amended to read as follows:
33 (6) Citizenship or immigration status: be a United States citizen
34 [or], an alien lawfully admitted for permanent residence in the United
35 States OR A NEW YORK STATE CITIZEN;
36 S 13. Subdivision 6 of section 6604 of the education law, as amended
37 by chapter 403 of the laws of 2002, is amended to read as follows:
38 (6) Citizenship or immigration status: be a United States citizen
39 [or], an alien lawfully admitted for permanent residence in the United
40 States[; provided, however, that the board of regents may grant a three
41 year waiver for an alien to practice in an area which has been desig-
42 nated a federal dental health professions shortage area, except that the
43 board of regents may grant an additional extension not to exceed six
44 years to an alien to enable him or her to secure citizenship or perma-
45 nent resident status, provided such status is being actively pursued] OR
46 A NEW YORK STATE CITIZEN;
47 S 14. Subdivision 7 of section 6604-b of the education law, as added
48 by chapter 537 of the laws of 2008, is amended to read as follows:
49 7. In order to be eligible for a restricted dental faculty license an
50 applicant must be a United States citizen [or], an alien lawfully admit-
51 ted for permanent residence in the United States[; provided, however,
52 that the department may grant a three year waiver for an alien who
53 otherwise meets all other requirements for a restricted dental faculty
54 license except that the department may grant an additional extension not
55 to exceed six years to an alien to enable him or her to secure citizen-
56 ship or permanent resident status, provided such status is being active-
S. 7879 7 A. 10129
1 ly pursued. No current faculty member shall be displaced by the holder
2 of a restricted dental faculty license] OR A NEW YORK STATE CITIZEN.
3 S 15. Subdivision 6 of section 6609 of the education law, as amended
4 by chapter 403 of the laws of 2002, is amended to read as follows:
5 (6) Citizenship or immigration status: be a United States citizen
6 [or], an alien lawfully admitted for permanent residence in the United
7 States[; provided, however, that the board of regents may grant a three
8 year waiver for an alien to practice in an area which has been desig-
9 nated a federal dental health professions shortage area, except that the
10 board of regents may grant an additional extension not to exceed six
11 years to an alien to enable him or her to secure citizenship or perma-
12 nent resident status, provided such status is being actively pursued] OR
13 A NEW YORK STATE CITIZEN;
14 S 16. Subdivision 6 of section 6704 of the education law, as amended
15 by chapter 201 of the laws of 2007, is amended to read as follows:
16 (6) Citizenship or immigration status: be a United States citizen
17 [or], an alien lawfully admitted for permanent residence in the United
18 States[; provided, however that the board of regents may grant a one-
19 time three-year waiver for a veterinarian who otherwise meets the
20 requirements of this article and who has accepted an offer to practice
21 veterinary medicine in a county in the state which the department has
22 certified as having a shortage of qualified applicants to fill existing
23 vacancies in veterinary medicine, and provided further that the board of
24 regents may grant an extension of such three-year waiver of not more
25 than one year] OR A NEW YORK STATE CITIZEN;
26 S 17. Subdivision 6 of section 6711 of the education law, as amended
27 by chapter 80 of the laws of 2000, is amended to read as follows:
28 6. Citizenship or immigration status: be a United States citizen [or],
29 an alien lawfully admitted for permanent residence in the United
30 States[; provided, however that the board of regents may grant a one-
31 time three-year waiver for an animal health technician who otherwise
32 meets the requirements of this article and provided further that the
33 board of regents may grant an extension of such three-year waiver of not
34 more than one year] OR A NEW YORK STATE CITIZEN;
35 S 18. Subdivision 1 of section 6711-a of the education law, as amended
36 by chapter 333 of the laws of 1990, is amended to read as follows:
37 1. Eligibility. Persons shall be eligible for a limited permit who
38 fulfill all requirements for a license as a veterinary technician except
39 those relating to the examination [and citizenship or permanent resi-
40 dence in the United States].
41 S 19. Paragraph 6 of subdivision 1 of section 6805 of the education
42 law, as amended by chapter 133 of the laws of 1982, is amended to read
43 as follows:
44 (6) Citizenship or immigration status: be a United States citizen
45 [or], an alien lawfully admitted for permanent residence in the United
46 States OR A NEW YORK STATE CITIZEN;
47 S 20. Subdivision 6 of section 6955 of the education law, as added by
48 chapter 327 of the laws of 1992, is amended to read as follows:
49 6. Citizenship or immigration status: be a United States citizen [or],
50 an alien lawfully admitted for permanent residence in the United States
51 OR A NEW YORK STATE CITIZEN.
52 S 21. Paragraph 6 of subdivision 1 of section 7206 of the education
53 law, as amended by chapter 133 of the laws of 1982, is amended to read
54 as follows:
S. 7879 8 A. 10129
1 (6) Citizenship or immigration status: be a United States citizen
2 [or], an alien lawfully admitted for permanent residence in the United
3 States OR A NEW YORK STATE CITIZEN;
4 S 22. Paragraph 6 of subdivision 1 of section 7206-a of the education
5 law, as amended by chapter 133 of the laws of 1982, is amended to read
6 as follows:
7 (6) Citizenship or immigration status: be a United States citizen
8 [or], an alien lawfully admitted for permanent residence in the United
9 States OR A NEW YORK STATE CITIZEN;
10 S 23. Paragraph 6 of subdivision 1 of section 7324 of the education
11 law, as amended by chapter 133 of the laws of 1982, is amended to read
12 as follows:
13 (6) Citizenship or immigration status: be a United States citizen
14 [or], an alien lawfully admitted for permanent residence in the United
15 States OR A NEW YORK STATE CITIZEN;
16 S 24. Paragraph 6 of subdivision 1 of section 7504 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 [or]
20 , an alien lawfully admitted for permanent residence in the United
21 States OR A NEW YORK STATE CITIZEN;
22 S 25. Subdivision 5 of section 7804 of the education law, as amended
23 by chapter 230 of the laws of 1997, is amended to read as follows:
24 (5) Citizenship or immigration status: be a United States citizen
25 [or], an alien lawfully admitted for permanent residence in the United
26 States OR A NEW YORK STATE CITIZEN;
27 S 26. Subdivisions 3 and 4 of section 126 of the alcoholic beverage
28 control law, subdivision 3 as added by chapter 133 of the laws of 1982
29 and subdivision 4 as amended by section 50 of subpart B of part C of
30 chapter 62 of the laws of 2011, are amended to read as follows:
31 3. A person who is not a citizen of the United States [or], an alien
32 lawfully admitted for permanent residence in the United States OR A NEW
33 YORK STATE CITIZEN.
34 4. A copartnership or a corporation, unless each member of the part-
35 nership, or each of the principal officers and directors of the corpo-
36 ration, is a citizen of the United States [or], an alien lawfully admit-
37 ted for permanent residence in the United States OR A NEW YORK STATE
38 CITIZEN, not less than twenty-one years of age, and has not been
39 convicted of any felony or any of the misdemeanors, specified in section
40 eleven hundred forty-six of the former penal law as in force and effect
41 immediately prior to September first, nineteen hundred sixty-seven, or
42 of an offense defined in section 230.20 or 230.40 of the penal law, or
43 if so convicted has received, subsequent to such conviction, an execu-
44 tive pardon therefor removing this disability a certificate of good
45 conduct granted by the department of corrections and community super-
46 vision, or a certificate of relief from disabilities granted by the
47 department of corrections and community supervision or a court of this
48 state pursuant to the provisions of article twenty-three of the
49 correction law to remove the disability under this section because of
50 such conviction; provided however that a corporation which otherwise
51 conforms to the requirements of this section and chapter may be licensed
52 if each of its principal officers and more than one-half of its direc-
53 tors are citizens of the United States [or], aliens lawfully admitted
54 for permanent residence in the United States OR NEW YORK STATE CITIZENS;
55 and provided further that a corporation organized under the not-for-pro-
56 fit corporation law or the education law which otherwise conforms to the
S. 7879 9 A. 10129
1 requirements of this section and chapter may be licensed if each of its
2 principal officers and more than one-half of its directors are not less
3 than twenty-one years of age and none of its directors are less than
4 eighteen years of age; and provided further that a corporation organized
5 under the not-for-profit corporation law or the education law and
6 located on the premises of a college as defined by section two of the
7 education law which otherwise conforms to the requirements of this
8 section and chapter may be licensed if each of its principal officers
9 and each of its directors are not less than eighteen years of age.
10 S 27. Section 10 of the general city law, as amended by chapter 133 of
11 the laws of 1982, is amended to read as follows:
12 S 10. Licenses to adult blind persons. The mayor of any city shall
13 have the power to issue a license to any adult blind person for the
14 vending of goods, or newspapers in such places as he OR SHE may set
15 aside for this purpose. The license shall be issued for a term of one
16 year and no charge shall be made for the license. A license shall not be
17 issued to a blind person unless he or she is a resident for three years
18 in the city in which application for such license is made, and is a
19 citizen of the United States [or], an alien lawfully admitted for perma-
20 nent residence in the United States OR A NEW YORK STATE CITIZEN.
21 This license shall be revocable only for cause.
22 S 28. Paragraphs (a) and (c) of subdivision 2 of article X of section
23 1 of part I of chapter 882 of the laws of 1953, establishing a compact
24 with the state of New Jersey for the elimination of criminal and corrupt
25 practices in the handling of waterborne freight within the port of New
26 York district, are amended to read as follows:
27 (a) The full name, residence, business address (if any), place and
28 date of birth, and THE social security number OR THE NEW YORK STATE
29 IDENTIFICATION NUMBER of the applicant;
30 (c) The citizenship of the applicant and, if he OR SHE is a natural-
31 ized citizen of the United States, the court and date of his OR HER
32 naturalization, OR IF HE OR SHE IS A NEW YORK STATE CITIZEN, THE DATE OF
33 ISSUANCE OF HIS OR HER NEW YORK STATE IDENTIFICATION CARD; and
34 S 29. Paragraph (a) of subdivision 2 of section 3421 of the public
35 health law, as amended by chapter 534 of the laws of 1983, is amended to
36 read as follows:
37 (a) is a citizen of the United States [or], an alien lawfully admitted
38 for permanent residence in the United States OR A NEW YORK STATE
39 CITIZEN;
40 S 30. Section 41 of the general business law, as amended by chapter
41 321 of the laws of 1983, is amended to read as follows:
42 S 41. Licenses, how obtained; penalty for carrying on business without
43 license. The mayor or such local licensing authority may from time to
44 time grant, under his OR HER hand and the official seal of his OR HER
45 office, to such citizens OF THE UNITED STATES, [or] aliens lawfully
46 admitted for permanent residence in the United States OR NEW YORK STATE
47 CITIZENS, as he OR SHE shall deem proper and who shall produce to him OR
48 HER satisfactory evidence of their good character, a license authorizing
49 such person to carry on the business of a collateral loan broker, which
50 license shall designate the house in which such person shall carry on
51 said business, and no person, corporation, partnership or firm shall
52 carry on the business of a collateral loan broker without being duly
53 licensed, nor in any other house than the one designated in said
54 license, under a penalty of one hundred dollars for each day he, SHE or
55 they shall exercise or carry on said business without such license or at
56 any other house than the one so designated. Any person receiving such
S. 7879 10 A. 10129
1 license shall pay therefor the sum of five hundred dollars for the use
2 of the city yearly where such business is to be conducted in a city with
3 a population of more than one million persons, and where the business is
4 to be conducted elsewhere the fee for such license shall not exceed two
5 hundred fifty dollars yearly, and every such license shall expire one
6 year from the date thereof, and may be renewed on application to the
7 mayor or local licensing authority each and every year on payment of the
8 same sum and upon performance of the other conditions herein contained.
9 Every person so licensed shall, at the time of receiving such license,
10 file with the mayor or such local licensing authority granting the same
11 a bond to the local authorities, to be executed by the person so
12 licensed and by two responsible sureties, in the penal sum of ten thou-
13 sand dollars, to be approved by such mayor or local licensing authority,
14 which bond shall be conditioned for the faithful performance of the
15 duties and obligations pertaining to the business so licensed, and the
16 mayor or such local licensing authority shall have full power and
17 authority to revoke such license for cause.
18 S 31. Subdivision 1 of section 72 of the general business law, as
19 amended by chapter 164 of the laws of 2003, is amended to read as
20 follows:
21 1. If the applicant is a person, the application shall be subscribed
22 by such person, and if the applicant is a firm or partnership the appli-
23 cation shall be subscribed by each individual composing or intending to
24 compose such firm or partnership. The application shall state the full
25 name, age, residences within the past three years, present and previous
26 occupations of each person or individual so signing the same, that each
27 person or individual is a citizen of the United States [or], an alien
28 lawfully admitted for permanent residence in the United States OR A NEW
29 YORK STATE CITIZEN and shall also specify the name of the city, town or
30 village, stating the street and number, if the premises have a street
31 and number, and otherwise such apt description as will reasonably indi-
32 cate the location thereof, where is to be located the principal place of
33 business and the bureau, agency, sub-agency, office or branch office for
34 which the license is desired, and such further facts as may be required
35 by the department of state to show the good character, competency and
36 integrity of each person or individual so signing such application. Each
37 person or individual signing such application shall, together with such
38 application, submit to the department of state, his OR HER photograph,
39 taken within six months prior thereto in duplicate, in passport size and
40 also two sets of fingerprints of his OR HER two hands recorded in such
41 manner as may be specified by the secretary of state or the secretary of
42 state's authorized representative. Before approving such application it
43 shall be the duty of the secretary of state or the secretary of state's
44 authorized representative to forward one copy of such fingerprints to
45 the division of criminal justice services. Upon receipt of such finger-
46 prints, such division shall forward to the secretary of state a report
47 with respect to the applicant's previous criminal history, if any, or a
48 statement that the applicant has no previous criminal history according
49 to its files. If additional copies of fingerprints are required the
50 applicant shall furnish them upon request. Such fingerprints may be
51 submitted to the federal bureau of investigation for a national criminal
52 history record check. The secretary shall reveal the name of the appli-
53 cant to the chief of police and the district attorney of the applicant's
54 residence and of the proposed place of business and shall request of
55 them a report concerning the applicant's character in the event they
56 shall have information concerning it. The secretary shall take such
S. 7879 11 A. 10129
1 other steps as may be necessary to investigate the honesty, good charac-
2 ter and integrity of each applicant. Every such applicant for a license
3 as private investigator shall establish to the satisfaction of the
4 secretary of state (a) if the applicant be a person, or, (b) in the case
5 of a firm, limited liability company, partnership or corporation, at
6 least one member of such firm, partnership, limited liability company or
7 corporation, has been regularly employed, for a period of not less than
8 three years, undertaking such investigations as those described as
9 performed by a private investigator in subdivision one of section seven-
10 ty-one of this article, as a sheriff, police officer in a city or county
11 police department, or the division of state police, investigator in an
12 agency of the state, county, or United States government, or employee of
13 a licensed private investigator, or has had an equivalent position and
14 experience or that such person or member was an employee of a police
15 department who rendered service therein as a police officer for not less
16 than twenty years or was an employee of a fire department who rendered
17 service therein as a fire marshal for not less than twenty years. Howev-
18 er, employment as a watchman, guard or private patrolman shall not be
19 considered employment as a "private investigator" for purposes of this
20 section. Every such applicant for a license as watch, guard or patrol
21 agency shall establish to the satisfaction of the secretary of state (a)
22 if the applicant be a person, or, (b) in the case of a firm, limited
23 liability company, partnership or corporation, at least one member of
24 such firm, partnership, limited liability company or corporation, has
25 been regularly employed, for a period of not less than two years,
26 performing such duties or providing such services as described as those
27 performed or furnished by a watch, guard or patrol agency in subdivision
28 two of section seventy-one of this article, as a sheriff, police officer
29 in a city or county police department, or employee of an agency of the
30 state, county or United States government, or licensed private investi-
31 gator or watch, guard or patrol agency, or has had an equivalent posi-
32 tion and experience; qualifying experience shall have been completed
33 within such period of time and at such time prior to the filing of the
34 application as shall be satisfactory to the secretary of state. The
35 person or member meeting the experience requirement under this subdivi-
36 sion and the person responsible for the operation and management of each
37 bureau, agency, sub-agency, office or branch office of the applicant
38 shall provide sufficient proof of having taken and passed a written
39 examination prescribed by the secretary of state to test their under-
40 standing of their rights, duties and powers as a private investigator
41 and/or watchman, guard or private patrolman, depending upon the work to
42 be performed under the license. In the case of an application subscribed
43 by a resident of the state of New York such application shall be
44 approved, as to each resident person or individual so signing the same,
45 but not less than five reputable citizens of the community in which such
46 applicant resides or transacts business, or in which it is proposed to
47 own, conduct, manage or maintain the bureau, agency, sub-agency, office
48 or branch office for which the license is desired, each of whom shall
49 subscribe and affirm as true, under the penalties of perjury, that he OR
50 SHE has personally known the said person or individual for a period of
51 at least five years prior to the filing of such application, that he OR
52 SHE has read such application and believes each of the statements made
53 therein to be true, that such person is honest, of good character and
54 competent, and not related or connected to the person so certifying by
55 blood or marriage. In the case of an application subscribed by a non-re-
56 sident of the state of New York such application shall be approved, as
S. 7879 12 A. 10129
1 to each non-resident person or individual so signing the same by not
2 less than five reputable citizens of the community in which such appli-
3 cant resides. The certificate of approval shall be signed by such
4 reputable citizens and duly verified and acknowledged by them before an
5 officer authorized to take oaths and acknowledgment of deeds. All
6 provisions of this section, applying to corporations, shall also apply
7 to joint-stock associations, except that each such joint-stock associ-
8 ation shall file a duly certified copy of its certificate of organiza-
9 tion in the place of the certified copy of its certificate of incorpo-
10 ration herein required.
11 S 32. Subdivision 4 of section 89-h of the general business law, as
12 added by chapter 336 of the laws of 1992, is amended to read as follows:
13 4. Citizenship: be a UNITED STATES citizen [or], A resident alien of
14 the United States OR A NEW YORK STATE CITIZEN;
15 S 33. The opening paragraph of section 440-a of the real property law,
16 as amended by section 23 of part LL of chapter 56 of the laws of 2010,
17 is amended to read as follows:
18 No person, co-partnership, limited liability company or corporation
19 shall engage in or follow the business or occupation of, or hold himself
20 or itself out or act temporarily or otherwise as a real estate broker or
21 real estate salesman in this state without first procuring a license
22 therefor as provided in this article. No person shall be entitled to a
23 license as a real estate broker under this article, either as an indi-
24 vidual or as a member of a co-partnership, or as a member or manager of
25 a limited liability company or as an officer of a corporation, unless he
26 or she is twenty years of age or over, a citizen of the United States
27 [or], an alien lawfully admitted for permanent residence in the United
28 States OR A NEW YORK STATE CITIZEN. No person shall be entitled to a
29 license as a real estate salesman under this article unless he or she is
30 over the age of eighteen years. No person shall be entitled to a license
31 as a real estate broker or real estate salesman under this article who
32 has been convicted in this state or elsewhere of a felony, of a sex
33 offense, as defined in subdivision two of section one hundred sixty-
34 eight-a of the correction law or any offense committed outside of this
35 state which would constitute a sex offense, or a sexually violent
36 offense, as defined in subdivision three of section one hundred sixty-
37 eight-a of the correction law or any offense committed outside this
38 state which would constitute a sexually violent offense, and who has not
39 subsequent to such conviction received executive pardon therefor or a
40 certificate of relief from disabilities or a certificate of good conduct
41 pursuant to article twenty-three of the correction law, to remove the
42 disability under this section because of such conviction. No person
43 shall be entitled to a license as a real estate broker or real estate
44 salesman under this article who does not meet the requirements of
45 section 3-503 of the general obligations law.
46 S 34. Section 460 of the judiciary law, as amended by chapter 226 of
47 the laws of 1985, is amended to read as follows:
48 S 460. Examination and admission of attorneys. An applicant for admis-
49 sion to practice as an attorney or counsellor in this state, must be
50 examined and licensed to practice as prescribed in this chapter and in
51 the rules of the court of appeals. Race, creed, color, national origin,
52 alienage [or], sex, STATUS AS A NEW YORK STATE CITIZEN OR FEDERAL IMMI-
53 GRATION CARD shall constitute no cause for refusing any person examina-
54 tion or admission to practice.
S. 7879 13 A. 10129
1 S 35. Subdivision 1 of section 502 of the vehicle and traffic law, as
2 separately amended by chapters 465 and 487 of the laws of 2012, is
3 REPEALED and a new subdivision 1 is added to read as follows:
4 1. APPLICATION FOR LICENSE. (A) APPLICATION FOR A DRIVER'S LICENSE
5 SHALL BE MADE TO THE COMMISSIONER. THE FEE PRESCRIBED BY LAW MAY BE
6 SUBMITTED WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH PROOF
7 OF IDENTITY, AGE, AND FITNESS AS MAY BE REQUIRED BY THE COMMISSIONER.
8 THE COMMISSIONER MAY ALSO PROVIDE THAT THE APPLICATION PROCEDURE SHALL
9 INCLUDE THE TAKING OF A PHOTO IMAGE OR IMAGES OF THE APPLICANT IN
10 ACCORDANCE WITH RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN
11 ADDITION, THE COMMISSIONER ALSO SHALL REQUIRE THAT THE APPLICANT PROVIDE
12 HIS OR HER SOCIAL SECURITY NUMBER OR A NEW YORK STATE IDENTIFICATION
13 NUMBER AND SHALL PROVIDE SPACE ON THE APPLICATION SO THAT THE APPLICANT
14 MAY REGISTER IN THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY UNDER
15 SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW WITH THE
16 FOLLOWING STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE:
17 "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED
18 TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
19 TION'."
20 THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL NOT MAINTAIN
21 RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK
22 A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION, AND FAILURE TO
23 CHECK "YES" OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO
24 IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT UNDER EIGHTEEN
25 YEARS OF AGE, CHECKING "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
26 ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY. WHERE AN
27 APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
28 TERED IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUESTION" OR
29 FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
30 THE COMMISSIONER SHALL PROVIDE SPACE ON THE APPLICATION SO THAT THE
31 APPLICANT MAY REQUEST NOTATION UPON SUCH LICENSE THAT HE OR SHE IS A
32 VETERAN OF THE UNITED STATED ARMED FORCES. IN ADDITION, AN APPLICANT
33 FOR A COMMERCIAL DRIVER'S LICENSE WHO WILL OPERATE A COMMERCIAL MOTOR
34 VEHICLE IN INTERSTATE COMMERCE SHALL CERTIFY THAT SUCH APPLICANT MEETS
35 THE REQUIREMENTS TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS SET FORTH IN
36 PUBLIC LAW 99-570, TITLE XII, AND TITLE 49 OF THE CODE OF FEDERAL REGU-
37 LATIONS, AND ALL REGULATIONS PROMULGATED BY THE UNITED STATES SECRETARY
38 OF TRANSPORTATION UNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT. IN
39 ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE SHALL SUBMIT A
40 MEDICAL CERTIFICATE AT SUCH INTERVALS AS REQUIRED BY THE FEDERAL MOTOR
41 CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF
42 THE CODE OF FEDERAL REGULATIONS RELATING TO MEDICAL CERTIFICATION AND IN
43 A MANNER PRESCRIBED BY THE COMMISSIONER. FOR PURPOSES OF THIS SECTION
44 AND SECTIONS FIVE HUNDRED THREE, FIVE HUNDRED TEN-A, AND FIVE HUNDRED
45 TEN-AA OF THIS TITLE, THE TERMS "MEDICAL CERTIFICATE" AND "MEDICAL
46 CERTIFICATION" SHALL MEAN A FORM SUBSTANTIALLY IN COMPLIANCE WITH THE
47 FORM SET FORTH IN PART 391.43(H) OF TITLE 49 OF THE CODE OF FEDERAL
48 REGULATIONS. UPON A DETERMINATION THAT THE HOLDER OF A COMMERCIAL DRIV-
49 ER'S LICENSE HAS MADE ANY FALSE STATEMENT, WITH RESPECT TO THE APPLICA-
50 TION FOR SUCH LICENSE, THE COMMISSIONER SHALL REVOKE SUCH LICENSE.
51 (B) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS CLARIFYING
52 THAT ELIGIBILITY FOR A DRIVER'S LICENSE SHALL NOT REQUIRE AN APPLICANT
53 TO PROVIDE A SOCIAL SECURITY NUMBER AS PROOF OF IDENTITY. THE COMMIS-
54 SIONER SHALL PROVIDE FOR THE ACCEPTANCE OF ALTERNATIVE PROOFS OF IDENTI-
55 TY, INCLUDING NEW YORK STATE IDENTIFICATION CARDS, FOREIGN IDENTIFICA-
56 TION CARDS, FOREIGN BIRTH CERTIFICATES AND FOREIGN PASSPORTS.
S. 7879 14 A. 10129
1 S 36. Subdivision 1 of section 502 of the vehicle and traffic law, as
2 added by section thirty-five of this act, is amended to read as follows:
3 1. Application for license. (a) Application for a driver's license
4 shall be made to the commissioner. The fee prescribed by law may be
5 submitted with such application. The applicant shall furnish such proof
6 of identity, age, and fitness as may be required by the commissioner.
7 The commissioner may also provide that the application procedure shall
8 include the taking of a photo image or images of the applicant in
9 accordance with rules and regulations prescribed by the commissioner. In
10 addition, the commissioner also shall require that the applicant provide
11 his or her social security number or a New York state identification
12 number and [shall] provide space on the application so that the appli-
13 cant may register in the New York state organ and tissue donor registry
14 under section forty-three hundred ten of the public health law [with the
15 following stated on the application in clear and conspicuous type:
16 "You must fill out the following section: Would you like to be added
17 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
18 tion'."
19 The commissioner of the department of health shall not maintain
20 records of any person who checks "skip this question". Failure to check
21 a box shall not impair the validity of an application, and failure to
22 check "yes" or checking "skip this question" shall not be construed to
23 imply a wish not to donate. In the case of an applicant under eighteen
24 years of age, checking "yes" shall not constitute consent to make an
25 anatomical gift or registration in the donate life registry. Where an
26 applicant has previously consented to make an anatomical gift or regis-
27 tered in the donate life registry, checking "skip this question" or
28 failing to check a box shall not impair that consent or registration.
29 The commissioner shall provide]; AND space on the application so that
30 the applicant may request notation upon such license that he or she is a
31 veteran of the United Stated armed forces. In addition, an applicant
32 for a commercial driver's license who will operate a commercial motor
33 vehicle in interstate commerce shall certify that such applicant meets
34 the requirements to operate a commercial motor vehicle, as set forth in
35 public law 99-570, title XII, and title 49 of the code of federal regu-
36 lations, and all regulations promulgated by the United States secretary
37 of transportation under the hazardous materials transportation act. In
38 addition, an applicant for a commercial driver's license shall submit a
39 medical certificate at such intervals as required by the federal motor
40 carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of
41 the code of federal regulations relating to medical certification and in
42 a manner prescribed by the commissioner. For purposes of this section
43 and sections five hundred three, five hundred ten-a, and five hundred
44 ten-aa of this title, the terms "medical certificate" and "medical
45 certification" shall mean a form substantially in compliance with the
46 form set forth in Part 391.43(h) of title 49 of the code of federal
47 regulations. Upon a determination that the holder of a commercial driv-
48 er's license has made any false statement, with respect to the applica-
49 tion for such license, the commissioner shall revoke such license.
50 (b) The commissioner shall promulgate rules and regulations clarifying
51 that eligibility for a driver's license shall not require an applicant
52 to provide a social security number as proof of identity. The commis-
53 sioner shall provide for the acceptance of alternative proofs of identi-
54 ty, including New York state identification cards, foreign identifica-
55 tion cards, foreign birth certificates and foreign passports.
S. 7879 15 A. 10129
1 S 37. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
2 of the executive law, paragraph (a) as amended by chapter 80 of the laws
3 of 2009 and paragraphs (b), (c) and (d) as amended by chapter 75 of the
4 laws of 2005, are amended to read as follows:
5 (a) For an employer or licensing agency, because of an individual's
6 age, race, creed, color, national origin, sexual orientation, military
7 status, sex, disability, predisposing genetic characteristics, marital
8 status, STATUS AS A NEW YORK STATE CITIZEN, or domestic violence victim
9 status, to refuse to hire or employ or to bar or to discharge from
10 employment such individual or to discriminate against such individual in
11 compensation or in terms, conditions or privileges of employment.
12 (b) For an employment agency to discriminate against any individual
13 because of age, race, creed, color, national origin, sexual orientation,
14 military status, sex, disability, predisposing genetic characteristics,
15 STATUS AS A NEW YORK STATE CITIZEN, or marital status, in receiving,
16 classifying, disposing or otherwise acting upon applications for its
17 services or in referring an applicant or applicants to an employer or
18 employers.
19 (c) For a labor organization, because of the age, race, creed, color,
20 national origin, sexual orientation, military status, sex, disability,
21 predisposing genetic characteristics, STATUS AS A NEW YORK STATE CITI-
22 ZEN, or marital status of any individual, to exclude or to expel from
23 its membership such individual or to discriminate in any way against any
24 of its members or against any employer or any individual employed by an
25 employer.
26 (d) For any employer or employment agency to print or circulate or
27 cause to be printed or circulated any statement, advertisement or publi-
28 cation, or to use any form of application for employment or to make any
29 inquiry in connection with prospective employment, which expresses
30 directly or indirectly, any limitation, specification or discrimination
31 as to age, race, creed, color, national origin, sexual orientation,
32 military status, sex, disability, predisposing genetic characteristics,
33 STATUS AS A NEW YORK STATE CITIZEN, or marital status, or any intent to
34 make any such limitation, specification or discrimination, unless based
35 upon a bona fide occupational qualification; provided, however, that
36 neither this paragraph nor any provision of this chapter or other law
37 shall be construed to prohibit the department of civil service or the
38 department of personnel of any city containing more than one county from
39 requesting information from applicants for civil service examinations
40 concerning any of the aforementioned characteristics, other than sexual
41 orientation, for the purpose of conducting studies to identify and
42 resolve possible problems in recruitment and testing of members of
43 minority groups to insure the fairest possible and equal opportunities
44 for employment in the civil service for all persons, regardless of age,
45 race, creed, color, national origin, sexual orientation, military
46 status, sex, disability, predisposing genetic characteristics, or mari-
47 tal status.
48 S 38. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
49 the executive law, as amended by chapter 106 of the laws of 2003, are
50 amended to read as follows:
51 (b) To deny to or withhold from any person because of race, creed,
52 color, national origin, sexual orientation, military status, sex, age,
53 disability, STATUS AS A NEW YORK STATE CITIZEN, or marital status, the
54 right to be admitted to or participate in a guidance program, an appren-
55 ticeship training program, on-the-job training program, executive train-
56 ing program, or other occupational training or retraining program;
S. 7879 16 A. 10129
1 (c) To discriminate against any person in his or her pursuit of such
2 programs or to discriminate against such a person in the terms, condi-
3 tions or privileges of such programs because of race, creed, color,
4 national origin, sexual orientation, military status, sex, age, STATUS
5 AS A NEW YORK STATE CITIZEN, disability or marital status;
6 (d) To print or circulate or cause to be printed or circulated any
7 statement, advertisement or publication, or to use any form of applica-
8 tion for such programs or to make any inquiry in connection with such
9 program which expresses, directly or indirectly, any limitation, spec-
10 ification or discrimination as to race, creed, color, national origin,
11 sexual orientation, military status, sex, age, STATUS AS A NEW YORK
12 STATE CITIZEN, disability or marital status, or any intention to make
13 any such limitation, specification or discrimination, unless based on a
14 bona fide occupational qualification.
15 S 39. Paragraph (a) of subdivision 2 of section 296 of the executive
16 law, as amended by chapter 106 of the laws of 2003, is amended to read
17 as follows:
18 (a) It shall be an unlawful discriminatory practice for any person,
19 being the owner, lessee, proprietor, manager, superintendent, agent or
20 employee of any place of public accommodation, resort or amusement,
21 because of the race, creed, color, national origin, sexual orientation,
22 military status, sex, STATUS AS A NEW YORK STATE CITIZEN, or disability
23 or marital status of any person, directly or indirectly, to refuse,
24 withhold from or deny to such person any of the accommodations, advan-
25 tages, facilities or privileges thereof, including the extension of
26 credit, or, directly or indirectly, to publish, circulate, issue,
27 display, post or mail any written or printed communication, notice or
28 advertisement, to the effect that any of the accommodations, advantages,
29 facilities and privileges of any such place shall be refused, withheld
30 from or denied to any person on account of race, creed, color, national
31 origin, sexual orientation, military status, sex, STATUS AS A NEW YORK
32 STATE CITIZEN, or disability or marital status, or that the patronage or
33 custom thereat of any person of or purporting to be of any particular
34 race, creed, color, national origin, sexual orientation, military
35 status, STATUS AS A NEW YORK STATE CITIZEN, sex or marital status, or
36 having a disability is unwelcome, objectionable or not acceptable,
37 desired or solicited.
38 S 40. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
39 296 of the executive law, paragraphs (a), (b) and (c) as amended and
40 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
41 to read as follows:
42 (a) To refuse to sell, rent or lease or otherwise to deny to or with-
43 hold from any person or group of persons such housing accommodations
44 because of the race, creed, color, disability, national origin, sexual
45 orientation, military status, age, sex, marital status, STATUS AS A NEW
46 YORK STATE CITIZEN, or familial status of such person or persons, or to
47 represent that any housing accommodation or land is not available for
48 inspection, sale, rental or lease when in fact it is so available.
49 (b) To discriminate against any person because of his or her race,
50 creed, color, disability, national origin, sexual orientation, military
51 status, age, sex, marital status, STATUS AS A NEW YORK STATE CITIZEN, or
52 familial status in the terms, conditions or privileges of any publicly-
53 assisted housing accommodations or in the furnishing of facilities or
54 services in connection therewith.
55 (c) To cause to be made any written or oral inquiry or record concern-
56 ing the race, creed, color, disability, national origin, sexual orien-
S. 7879 17 A. 10129
1 tation, membership in the reserve armed forces of the United States or
2 in the organized militia of the state, age, sex, marital status, STATUS
3 AS A NEW YORK STATE CITIZEN, or familial status of a person seeking to
4 rent or lease any publicly-assisted housing accommodation; provided,
5 however, that nothing in this subdivision shall prohibit a member of the
6 reserve armed forces of the United States or in the organized militia of
7 the state from voluntarily disclosing such membership.
8 (c-1) To print or circulate or cause to be printed or circulated any
9 statement, advertisement or publication, or to use any form of applica-
10 tion for the purchase, rental or lease of such housing accommodation or
11 to make any record or inquiry in connection with the prospective
12 purchase, rental or lease of such a housing accommodation which
13 expresses, directly or indirectly, any limitation, specification or
14 discrimination as to race, creed, color, national origin, sexual orien-
15 tation, military status, sex, age, disability, marital status, STATUS AS
16 A NEW YORK STATE CITIZEN, or familial status, or any intent to make any
17 such limitation, specification or discrimination.
18 S 41. Subdivisions 3-b, 4 and 5 of section 296 of the executive law,
19 as amended by chapter 106 of the laws of 2003, are amended to read as
20 follows:
21 3-b. It shall be an unlawful discriminatory practice for any real
22 estate broker, real estate salesperson or employee or agent thereof or
23 any other individual, corporation, partnership or organization for the
24 purpose of inducing a real estate transaction from which any such person
25 or any of its stockholders or members may benefit financially, to repre-
26 sent that a change has occurred or will or may occur in the composition
27 with respect to race, creed, color, national origin, sexual orientation,
28 military status, STATUS AS A NEW YORK STATE CITIZEN, sex, disability,
29 marital status, or familial status of the owners or occupants in the
30 block, neighborhood or area in which the real property is located, and
31 to represent, directly or indirectly, that this change will or may
32 result in undesirable consequences in the block, neighborhood or area in
33 which the real property is located, including but not limited to the
34 lowering of property values, an increase in criminal or anti-social
35 behavior, or a decline in the quality of schools or other facilities.
36 4. It shall be an unlawful discriminatory practice for an education
37 corporation or association which holds itself out to the public to be
38 non-sectarian and exempt from taxation pursuant to the provisions of
39 article four of the real property tax law to deny the use of its facili-
40 ties to any person otherwise qualified, or to permit the harassment of
41 any student or applicant, by reason of his race, color, religion, disa-
42 bility, national origin, sexual orientation, military status, sex,
43 STATUS AS A NEW YORK STATE CITIZEN, age or marital status, except that
44 any such institution which establishes or maintains a policy of educat-
45 ing persons of one sex exclusively may admit students of only one sex.
46 5. (a) It shall be an unlawful discriminatory practice for the owner,
47 lessee, sub-lessee, assignee, or managing agent of, or other person
48 having the right to sell, rent or lease a housing accommodation,
49 constructed or to be constructed, or any agent or employee thereof:
50 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
51 from any person or group of persons such a housing accommodation because
52 of the race, creed, color, national origin, sexual orientation, military
53 status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
54 CITIZEN, or familial status of such person or persons, or to represent
55 that any housing accommodation or land is not available for inspection,
56 sale, rental or lease when in fact it is so available.
S. 7879 18 A. 10129
1 (2) To discriminate against any person because of race, creed, color,
2 national origin, sexual orientation, military status, sex, age, disabil-
3 ity, marital status, STATUS AS A NEW YORK STATE CITIZEN, or familial
4 status in the terms, conditions or privileges of the sale, rental or
5 lease of any such housing accommodation or in the furnishing of facili-
6 ties or services in connection therewith.
7 (3) To print or circulate or cause to be printed or circulated any
8 statement, advertisement or publication, or to use any form of applica-
9 tion for the purchase, rental or lease of such housing accommodation or
10 to make any record or inquiry in connection with the prospective
11 purchase, rental or lease of such a housing accommodation which
12 expresses, directly or indirectly, any limitation, specification or
13 discrimination as to race, creed, color, national origin, sexual orien-
14 tation, military status, sex, age, disability, marital status, STATUS AS
15 A NEW YORK STATE CITIZEN, or familial status, or any intent to make any
16 such limitation, specification or discrimination.
17 The provisions of this paragraph [(a)] shall not apply (1) to the
18 rental of a housing accommodation in a building which contains housing
19 accommodations for not more than two families living independently of
20 each other, if the owner resides in one of such housing accommodations,
21 (2) to the restriction of the rental of all rooms in a housing accommo-
22 dation to individuals of the same sex or (3) to the rental of a room or
23 rooms in a housing accommodation, if such rental is by the occupant of
24 the housing accommodation or by the owner of the housing accommodation
25 and the owner resides in such housing accommodation or (4) solely with
26 respect to age and familial status to the restriction of the sale,
27 rental or lease of housing accommodations exclusively to persons sixty-
28 two years of age or older and the spouse of any such person, or for
29 housing intended and operated for occupancy by at least one person
30 fifty-five years of age or older per unit. In determining whether hous-
31 ing is intended and operated for occupancy by persons fifty-five years
32 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
33 federal Fair Housing Act of 1988, as amended, shall apply.
34 (b) It shall be an unlawful discriminatory practice for the owner,
35 lessee, sub-lessee, or managing agent of, or other person having the
36 right of ownership or possession of or the right to sell, rent or lease,
37 land or commercial space:
38 (1) To refuse to sell, rent, lease or otherwise deny to or withhold
39 from any person or group of persons land or commercial space because of
40 the race, creed, color, national origin, sexual orientation, military
41 status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
42 CITIZEN, or familial status of such person or persons, or to represent
43 that any housing accommodation or land is not available for inspection,
44 sale, rental or lease when in fact it is so available;
45 (2) To discriminate against any person because of race, creed, color,
46 national origin, sexual orientation, military status, sex, age, disabil-
47 ity, marital status, STATUS AS A NEW YORK STATE CITIZEN, or familial
48 status in the terms, conditions or privileges of the sale, rental or
49 lease of any such land or commercial space; or in the furnishing of
50 facilities or services in connection therewith;
51 (3) To print or circulate or cause to be printed or circulated any
52 statement, advertisement or publication, or to use any form of applica-
53 tion for the purchase, rental or lease of such land or commercial space
54 or to make any record or inquiry in connection with the prospective
55 purchase, rental or lease of such land or commercial space which
56 expresses, directly or indirectly, any limitation, specification or
S. 7879 19 A. 10129
1 discrimination as to race, creed, color, national origin, sexual orien-
2 tation, military status, sex, age, disability, marital status, STATUS AS
3 A NEW YORK STATE CITIZEN, or familial status; or any intent to make any
4 such limitation, specification or discrimination.
5 (4) With respect to age and familial status, the provisions of this
6 paragraph shall not apply to the restriction of the sale, rental or
7 lease of land or commercial space exclusively to persons fifty-five
8 years of age or older and the spouse of any such person, or to the
9 restriction of the sale, rental or lease of land to be used for the
10 construction, or location of housing accommodations exclusively for
11 persons sixty-two years of age or older, or intended and operated for
12 occupancy by at least one person fifty-five years of age or older per
13 unit. In determining whether housing is intended and operated for occu-
14 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
15 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
16 amended, shall apply.
17 (c) It shall be an unlawful discriminatory practice for any real
18 estate broker, real estate salesperson or employee or agent thereof:
19 (1) To refuse to sell, rent or lease any housing accommodation, land
20 or commercial space to any person or group of persons or to refuse to
21 negotiate for the sale, rental or lease, of any housing accommodation,
22 land or commercial space to any person or group of persons because of
23 the race, creed, color, national origin, sexual orientation, military
24 status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
25 CITIZEN, or familial status of such person or persons, or to represent
26 that any housing accommodation, land or commercial space is not avail-
27 able for inspection, sale, rental or lease when in fact it is so avail-
28 able, or otherwise to deny or withhold any housing accommodation, land
29 or commercial space or any facilities of any housing accommodation, land
30 or commercial space from any person or group of persons because of the
31 race, creed, color, national origin, sexual orientation, military
32 status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
33 CITIZEN, or familial status of such person or persons.
34 (2) To print or circulate or cause to be printed or circulated any
35 statement, advertisement or publication, or to use any form of applica-
36 tion for the purchase, rental or lease of any housing accommodation,
37 land or commercial space or to make any record or inquiry in connection
38 with the prospective purchase, rental or lease of any housing accommo-
39 dation, land or commercial space which expresses, directly or indirect-
40 ly, any limitation, specification, or discrimination as to race, creed,
41 color, national origin, sexual orientation, military status, sex, age,
42 disability, marital status, STATUS AS A NEW YORK STATE CITIZEN, or fami-
43 lial status; or any intent to make any such limitation, specification or
44 discrimination.
45 (3) With respect to age and familial status, the provisions of this
46 paragraph shall not apply to the restriction of the sale, rental or
47 lease of any land or commercial space exclusively to persons fifty-five
48 years of age or older and the spouse of any such person, or to the
49 restriction of the sale, rental or lease of any housing accommodation or
50 land to be used for the construction or location of housing accommo-
51 dations for persons sixty-two years of age or older, or intended and
52 operated for occupancy by at least one person fifty-five years of age or
53 older per unit. In determining whether housing is intended and operated
54 for occupancy by persons fifty-five years of age or older, Sec. 807 (b)
55 (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of
56 1988, as amended, shall apply.
S. 7879 20 A. 10129
1 (d) It shall be an unlawful discriminatory practice for any real
2 estate board, because of the race, creed, color, national origin, sexual
3 orientation, military status, age, sex, disability, marital status,
4 STATUS AS A NEW YORK STATE CITIZEN, or familial status of any individual
5 who is otherwise qualified for membership, to exclude or expel such
6 individual from membership, or to discriminate against such individual
7 in the terms, conditions and privileges of membership in such board.
8 (e) It shall be an unlawful discriminatory practice for the owner,
9 proprietor or managing agent of, or other person having the right to
10 provide care and services in, a private proprietary nursing home, conva-
11 lescent home, or home for adults, or an intermediate care facility, as
12 defined in section two of the social services law, heretofore
13 constructed, or to be constructed, or any agent or employee thereof, to
14 refuse to provide services and care in such home or facility to any
15 individual or to discriminate against any individual in the terms,
16 conditions, and privileges of such services and care solely because such
17 individual is a blind person. For purposes of this paragraph, a "blind
18 person" shall mean a person who is registered as a blind person with the
19 commission for the visually handicapped and who meets the definition of
20 a "blind person" pursuant to section three of chapter four hundred
21 fifteen of the laws of nineteen hundred thirteen entitled "An act to
22 establish a state commission for improving the condition of the blind of
23 the state of New York, and making an appropriation therefor".
24 (f) The provisions of this subdivision, as they relate to age, shall
25 not apply to persons under the age of eighteen years.
26 (g) It shall be an unlawful discriminatory practice for any person
27 offering or providing housing accommodations, land or commercial space
28 as described in paragraphs (a), (b), and (c) of this subdivision to make
29 or cause to be made any written or oral inquiry or record concerning
30 membership of any person in the state organized militia in relation to
31 the purchase, rental or lease of such housing accommodation, land, or
32 commercial space, provided, however, that nothing in this subdivision
33 shall prohibit a member of the state organized militia from voluntarily
34 disclosing such membership.
35 S 42. Paragraph (a) of subdivision 9 of section 296 of the executive
36 law, as amended by chapter 106 of the laws of 2003 is amended to read as
37 follows:
38 (a) It shall be an unlawful discriminatory practice for any fire
39 department or fire company therein, through any member or members there-
40 of, officers, board of fire commissioners or other body or office having
41 power of appointment of volunteer firefighters, directly or indirectly,
42 by ritualistic practice, constitutional or by-law prescription, by tacit
43 agreement among its members, or otherwise, to deny to any individual
44 membership in any volunteer fire department or fire company therein, or
45 to expel or discriminate against any volunteer member of a fire depart-
46 ment or fire company therein, because of the race, creed, color,
47 national origin, sexual orientation, military status, STATUS AS A NEW
48 YORK STATE CITIZEN, sex or marital status of such individual.
49 S 43. Subdivision 13 of section 296 of the executive law, as amended
50 by chapter 196 of the laws of 2010, is amended to read as follows:
51 13. It shall be an unlawful discriminatory practice (i) for any person
52 to boycott or blacklist, or to refuse to buy from, sell to or trade
53 with, or otherwise discriminate against any person, because of the race,
54 creed, color, national origin, sexual orientation, military status,
55 STATUS AS A NEW YORK STATE CITIZEN, sex, or disability of such person,
56 or of such person's partners, members, stockholders, directors, offi-
S. 7879 21 A. 10129
1 cers, managers, superintendents, agents, employees, business associates,
2 suppliers or customers, or (ii) for any person wilfully to do any act or
3 refrain from doing any act which enables any such person to take such
4 action. This subdivision shall not apply to:
5 (a) Boycotts connected with labor disputes; or
6 (b) Boycotts to protest unlawful discriminatory practices.
7 S 44. Subdivisions 1, 2 and 3 of section 296-a of the executive law,
8 as amended by chapter 106 of the laws of 2003, are amended to read as
9 follows:
10 1. It shall be an unlawful discriminatory practice for any creditor or
11 any officer, agent or employee thereof:
12 a. In the case of applications for credit with respect to the
13 purchase, acquisition, construction, rehabilitation, repair or mainte-
14 nance of any housing accommodation, land or commercial space to discrim-
15 inate against any such applicant because of the race, creed, color,
16 national origin, sexual orientation, military status, age, sex, marital
17 status, disability, STATUS AS A NEW YORK STATE CITIZEN, or familial
18 status of such applicant or applicants or any member, stockholder,
19 director, officer or employee of such applicant or applicants, or of the
20 prospective occupants or tenants of such housing accommodation, land or
21 commercial space, in the granting, withholding, extending or renewing,
22 or in the fixing of the rates, terms or conditions of, any such credit;
23 b. To discriminate in the granting, withholding, extending or renew-
24 ing, or in the fixing of the rates, terms or conditions of, any form of
25 credit, on the basis of race, creed, color, national origin, sexual
26 orientation, military status, age, sex, marital status, disability,
27 STATUS AS A NEW YORK STATE CITIZEN, or familial status;
28 c. To use any form of application for credit or use or make any record
29 or inquiry which expresses, directly or indirectly, any limitation,
30 specification, or discrimination as to race, creed, color, national
31 origin, sexual orientation, military status, age, sex, marital status,
32 disability, STATUS AS A NEW YORK STATE CITIZEN, or familial status;
33 d. To make any inquiry of an applicant concerning his or her capacity
34 to reproduce, or his or her use or advocacy of any form of birth control
35 or family planning;
36 e. To refuse to consider sources of an applicant's income or to
37 subject an applicant's income to discounting, in whole or in part,
38 because of an applicant's race, creed, color, national origin, sexual
39 orientation, military status, age, sex, marital status, childbearing
40 potential, disability, STATUS AS A NEW YORK STATE CITIZEN, or familial
41 status;
42 f. To discriminate against a married person because such person
43 neither uses nor is known by the surname of his or her spouse.
44 This paragraph shall not apply to any situation where the use of a
45 surname would constitute or result in a criminal act.
46 2. Without limiting the generality of subdivision one of this section,
47 it shall be considered discriminatory if, because of an applicant's or
48 class of applicants' race, creed, color, national origin, sexual orien-
49 tation, military status, age, sex, marital status or disability, STATUS
50 AS A NEW YORK STATE CITIZEN, or familial status, (i) an applicant or
51 class of applicants is denied credit in circumstances where other appli-
52 cants of like overall credit worthiness are granted credit, or (ii)
53 special requirements or conditions, such as requiring co-obligors or
54 reapplication upon marriage, are imposed upon an applicant or class of
55 applicants in circumstances where similar requirements or conditions are
56 not imposed upon other applicants of like overall credit worthiness.
S. 7879 22 A. 10129
1 3. It shall not be considered discriminatory if credit differen-
2 tiations or decisions are based upon factually supportable, objective
3 differences in applicants' overall credit worthiness, which may include
4 reference to such factors as current income, assets and prior credit
5 history of such applicants, as well as reference to any other relevant
6 factually supportable data; provided, however, that no creditor shall
7 consider, in evaluating the credit worthiness of an applicant, aggregate
8 statistics or assumptions relating to race, creed, color, national
9 origin, sexual orientation, military status, sex, STATUS AS A NEW YORK
10 STATE CITIZEN, marital status or disability, or to the likelihood of any
11 group of persons bearing or rearing children, or for that reason receiv-
12 ing diminished or interrupted income in the future.
13 S 45. Paragraph (b) of subdivision 2 of section 296-b of the executive
14 law, as added by chapter 481 of the laws of 2010, is amended to read as
15 follows:
16 (b) Subject a domestic worker to unwelcome harassment based on gender,
17 race, religion, STATUS AS A NEW YORK STATE CITIZEN or national origin,
18 where such harassment has the purpose or effect of unreasonably inter-
19 fering with an individual's work performance by creating an intimidat-
20 ing, hostile, or offensive working environment.
21 S 46. Paragraph (c) of subdivision 1 of section 122 of the social
22 services law, as amended by chapter 214 of the laws of 1998, is amended
23 to read as follows:
24 (c) The following persons, not described in paragraph (a) or (b) of
25 this subdivision, shall, if otherwise eligible, be eligible for safety
26 net assistance and medical assistance[, except that medical assistance
27 shall be limited to care and services (not including care and services
28 related to an organ transplant procedure) necessary for the treatment of
29 an emergency medical condition as that term is defined in section 1903
30 of the federal social security act unless and until federal financial
31 participation is available for the costs of providing medical assistance
32 provided, however, that any such person who, on the fourth day of
33 August, nineteen hundred ninety-seven was residing in a residential
34 health care facility licensed by the department of health or in a resi-
35 dential facility licensed, operated or funded by the office of mental
36 health or the office of mental retardation and developmental disabili-
37 ties, and was in receipt of a medical assistance authorization based on
38 a finding that he or she was] (I) a person permanently residing in the
39 United States under color of law [shall, if otherwise eligible, be
40 eligible for medical assistance and provided, further, that any such
41 person who, on the fourth day of August, nineteen hundred ninety-seven,
42 was diagnosed as having AIDS, as defined in subdivision one of section
43 two thousand seven hundred eighty of the public health law, and was in
44 receipt of medical assistance authorization pursuant to title eleven of
45 article five of this chapter based on a finding that he or she was a
46 person permanently residing in the United States under color of law
47 shall, if otherwise eligible, be eligible for medical assistance:
48 (i) a qualified alien who entered the United States less than five
49 years earlier or for less than five years has had a status within the
50 meaning of the term "qualified alien" as defined in section 431 of the
51 federal personal responsibility and work opportunity reconciliation act
52 of 1996 (8 U.S. Code 1641), as amended, if such entry occurred on or
53 after the twenty-second day of August, nineteen hundred ninety-six; and
54 (ii) an alien whose status is not within the meaning of the term
55 "qualified alien" as defined in section 431 of the federal personal
56 responsibility and work opportunity reconciliation act of 1996 (8 U.S.
S. 7879 23 A. 10129
1 Code 1641), as amended, but who is otherwise permanently residing in the
2 United States under color of law], AND (II) NEW YORK STATE CITIZENS IF
3 OTHERWISE ELIGIBLE SHALL ONLY BE ELIGIBLE FOR MEDICAL ASSISTANCE.
4 S 47. Section 131-k of the social services law is REPEALED.
5 S 48. The education law is amended by adding a new section 609 to read
6 as follows:
7 S 609. NEW YORK DREAM FUND COMMISSION. 1. (A) THERE SHALL BE CREATED
8 A NEW YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED TO ADVANCING
9 THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
10 (B) THE NEW YORK DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE
11 MEMBERS TO BE APPOINTED AS FOLLOWS:
12 (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
13 (II) THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
14 THE SENATE;
15 (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
16 (IV) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
17 SENATE;
18 (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
19 BLY;
20 (C) TO THE EXTENT PRACTICABLE, MEMBERS OF SUCH COMMISSION SHALL
21 REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY
22 OF THE STATE.
23 (D) TO THE EXTENT PRACTICABLE, MEMBERS OF SUCH COMMISSION SHALL
24 INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS AND FACULTY, AND OTHER
25 INDIVIDUALS COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE
26 CHILDREN OF IMMIGRANTS.
27 (E) MEMBERS OF THE NEW YORK DREAM FUND COMMISSION SHALL RECEIVE NO
28 COMPENSATION FOR THEIR SERVICES.
29 2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
30 (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
31 (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
32 (III) ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
33 ITY OF RAISING FUNDS FOR THE ADMINISTRATION OF THIS SECTION AND ANY
34 EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
35 TRATING AND FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
36 GRANTS TO THE UNITED STATES;
37 (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
38 DREAM FUND;
39 (V) DEVELOP CRITERIA AND A SELECTION PROCESS FOR THE RECIPIENTS OF
40 SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
41 (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
42 THE COSTS OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
43 ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
44 GRANTS WITHIN HIGHER EDUCATION;
45 (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR HIGH
46 SCHOOL COUNSELORS, ADMISSIONS OFFICERS, AND FINANCIAL AID OFFICERS OF
47 INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS SHALL INSTRUCT
48 PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
49 STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
50 TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE EXTENT PRACTICA-
51 BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
52 TO SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
53 THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN TO
54 SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH
55 LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
S. 7879 24 A. 10129
1 DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH LESSER
2 NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
3 (VIII) ESTABLISH A PUBLIC AWARENESS CAMPAIGN REGARDING EDUCATIONAL
4 OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE THE CHILDREN
5 OF IMMIGRANTS; AND
6 (IX) ESTABLISH, BY RULE, PROCEDURES FOR ACCEPTING AND EVALUATING
7 APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND ISSU-
8 ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
9 (B) TO RECEIVE A SCHOLARSHIP PURSUANT TO THIS SECTION, A STUDENT
10 APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
11 (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE ATTENDING
12 A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
13 (II) HAVE GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
14 THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
15 (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE FOR
16 AT LEAST TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
17 OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
18 (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
19 STATES.
20 (C) THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
21 SHALL BE FUNDED ENTIRELY BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
22 SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND. NO FUNDS
23 OF THE NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
24 BE TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL
25 BE USED FOR ANY PURPOSE OTHER THAN THE PURPOSES SET FORTH IN THIS
26 SECTION.
27 3. THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
28 SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
29 SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
30 S 49. Subdivision 3 of section 661 of the education law is REPEALED.
31 S 50. Paragraph a of subdivision 5 of section 661 of the education
32 law, as amended by chapter 466 of the laws of 1977, is amended to read
33 as follows:
34 a. (I) Except as provided in subdivision two of section six hundred
35 seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
36 applicant for an award at the undergraduate level of study must either
37 [(i)] (A) have been a legal resident of the state for at least one year
38 immediately preceding the beginning of the semester, quarter or term of
39 attendance for which application for assistance is made, or [(ii)] (B)
40 be a legal resident of the state and have been a legal resident during
41 his last two semesters of high school either prior to graduation, or
42 prior to admission to college. Provided further that persons shall be
43 eligible to receive awards under section six hundred sixty-eight or
44 section six hundred sixty-nine OF THIS PART who are currently legal
45 residents of the state and are otherwise qualified.
46 (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
47 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
48 CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN, A
49 NEW YORK STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
50 SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY
51 PROVIDED THAT THE STUDENT:
52 (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
53 YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL AND
54 APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
55 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
56 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
S. 7879 25 A. 10129
1 (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
2 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
3 DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
4 TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
5 FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
6 (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
7 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
8 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
9 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
10 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
11 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
12 PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
13 SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
14 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
15 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
16 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
17 S 51. Paragraph b of subdivision 5 of section 661 of the education
18 law, as amended by chapter 466 of the laws of 1977, is amended to read
19 as follows:
20 b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS
21 PARAGRAPH, AN applicant for an award at the graduate level of study must
22 either [(i)] (A) have been a legal resident of the state for at least
23 one year immediately preceding the beginning of the semester, quarter or
24 term of attendance for which application for assistance is made, or
25 [(ii)] (B) be a legal resident of the state and have been a legal resi-
26 dent during his last academic year of undergraduate study and have
27 continued to be a legal resident until matriculation in the graduate
28 program.
29 (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
30 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
31 CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN, A
32 NEW YORK STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
33 SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY
34 PROVIDED THAT THE STUDENT:
35 (A) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
36 OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
37 AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
38 THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF
39 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
40 (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
41 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
42 DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
43 TION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
44 YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
45 (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
46 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
47 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
48 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
49 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
50 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
51 PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
52 SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
53 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
54 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
55 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
S. 7879 26 A. 10129
1 S 52. Paragraph d of subdivision 5 of section 661 of the education
2 law, as amended by chapter 844 of the laws of 1975, is amended to read
3 as follows:
4 d. If an applicant for an award allocated on a geographic basis has
5 more than one residence in this state, his OR HER residence for the
6 purpose of this article shall be his OR HER place of actual residence
7 during the major part of the year while attending school, as determined
8 by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
9 HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO
10 SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
11 THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
12 INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES
13 OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
14 S 53. Paragraph e of subdivision 5 of section 661 of the education
15 law, as added by chapter 630 of the laws of 2005, is amended to read as
16 follows:
17 e. Notwithstanding any other provision of this article to the contra-
18 ry, the New York state [residency] eligibility [requirement] REQUIRE-
19 MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
20 SUBDIVISION ARE waived for a member, or the spouse or dependent of a
21 member, of the armed forces of the United States on full-time active
22 duty and stationed in this state.
23 S 54. Paragraph h of subdivision 2 of section 355 of the education law
24 is amended by adding a new subparagraph 10 to read as follows:
25 (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS
26 NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
27 PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN, A NEW YORK
28 STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE
29 THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES REDUCED BY STATE-AIDED
30 PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE
31 PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF
32 THIS CHAPTER, PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH
33 IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B
34 OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS
35 APPLICABLE.
36 S 55. Subdivision 7 of section 6206 of the education law is amended by
37 adding a new paragraph (d) to read as follows:
38 (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A
39 LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
40 PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN, A NEW YORK
41 STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE
42 THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES REDUCED BY STATE-AIDED
43 PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE
44 PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF
45 THIS CHAPTER, PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH
46 IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B
47 OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS
48 APPLICABLE.
49 S 56. Section 6305 of the education law is amended by adding a new
50 subdivision 8-a to read as follows:
51 8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
52 WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT OF
53 NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
54 DENT, A LAWFUL NON-IMMIGRANT ALIEN, A NEW YORK STATE CITIZEN OR AN
55 APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY BE REDUCED BY STATE-AID-
56 ED PROGRAMS, SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AWARDED UNDER
S. 7879 27 A. 10129
1 THE PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A
2 OF THIS CHAPTER, PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET
3 FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARA-
4 GRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS
5 CHAPTER, AS APPLICABLE.
6 S 57. Paragraph d of subdivision 3 of section 6451 of the education
7 law, as amended by chapter 149 of the laws of 1972, is amended to read
8 as follows:
9 d. Any necessary supplemental financial assistance, which may include
10 the cost of books and necessary maintenance for such enrolled students,
11 INCLUDING STUDENTS WHO ARE NEW YORK STATE CITIZENS AND STUDENTS WITHOUT
12 LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIRE-
13 MENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II)
14 OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF
15 THIS CHAPTER, AS APPLICABLE; provided, however, that such supplemental
16 financial assistance shall be furnished pursuant to criteria promulgated
17 by the commissioner with the approval of the director of the budget.
18 S 58. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
19 of the education law, as added by chapter 917 of the laws of 1970, is
20 amended to read as follows:
21 (v) Any necessary supplemental financial assistance, which may include
22 the cost of books and necessary maintenance for such students, INCLUDING
23 STUDENTS WHO ARE NEW YORK STATE CITIZENS AND STUDENTS WITHOUT LAWFUL
24 IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET
25 FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARA-
26 GRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS
27 CHAPTER, AS APPLICABLE; provided, however, that such supplemental finan-
28 cial assistance shall be furnished pursuant to criteria promulgated by
29 such universities and approved by the regents and the director of the
30 budget.
31 S 59. Paragraph (a) of subdivision 2 of section 6455 of the education
32 law, as added by chapter 285 of the laws of 1986, is amended to read as
33 follows:
34 (a) (I) Undergraduate science and technology entry program moneys may
35 be used for tutoring, counseling, remedial and special summer courses,
36 supplemental financial assistance, program administration, and other
37 activities which the commissioner may deem appropriate. To be eligible
38 for undergraduate collegiate science and technology entry program
39 support, a student must be a resident of New York [who is], OR MEET THE
40 REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
41 economically disadvantaged or from a minority group historically under
42 represented in the scientific, technical, health and health-related
43 professions, and [who demonstrates] MUST DEMONSTRATE interest in and a
44 potential for a professional career if provided special services. Eligi-
45 ble students must be in good academic standing, enrolled full time in an
46 approved, undergraduate level program of study, as defined by the
47 regents.
48 (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
49 WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
50 NON-IMMIGRANT ALIEN, A NEW YORK STATE CITIZEN OR AN APPLICANT WITHOUT
51 LAWFUL IMMIGRATION STATUS, SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDER-
52 GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
53 (1) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
54 YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL AND
55 APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
S. 7879 28 A. 10129
1 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
2 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
3 (2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
4 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
5 DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
6 TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
7 FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,
8 ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS,
9 GRADUATED FROM AN APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
10 ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN FIVE YEARS OF
11 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
12 (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
13 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
14 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
15 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
16 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
17 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
18 PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
19 SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
20 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
21 LEGALIZE HIS OR IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS
22 SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
23 S 60. Paragraph (a) of subdivision 3 of section 6455 of the education
24 law, as added by chapter 285 of the laws of 1986, is amended to read as
25 follows:
26 (a) (I) Graduate science and technology entry program moneys may be
27 used for recruitment, academic enrichment, career planning, supplemental
28 financial assistance, review for licensing examinations, program admin-
29 istration, and other activities which the commissioner may deem appro-
30 priate. To be eligible for graduate collegiate science and technology
31 entry program support, a student must be a resident of New York [who
32 is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
33 AND MUST BE either economically disadvantaged or from a minority group
34 historically underrepresented in the scientific, technical and health-
35 related professions. Eligible students must be in good academic stand-
36 ing, enrolled full time in an approved graduate level program, as
37 defined by the regents.
38 (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
39 EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
40 NON-IMMIGRANT ALIEN, A NEW YORK STATE CITIZEN OR AN APPLICANT WITHOUT
41 LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDER-
42 GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
43 (1) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
44 OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
45 AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
46 THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF
47 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
48 (2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
49 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
50 DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
51 TION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
52 YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
53 (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
54 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
55 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
56 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
S. 7879 29 A. 10129
1 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
2 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
3 PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
4 SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
5 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
6 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
7 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
8 S 61. Subparagraph (i) of paragraph a of subdivision 2 of section
9 695-e of the education law, as amended by chapter 593 of the laws of
10 2003, is amended to read as follows:
11 (i) the name, address and social security number [or], employer iden-
12 tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
13 account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
14 TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOUR-
15 TEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN-
16 TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL
17 BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
18 S 62. Subparagraph (iii) of paragraph a of subdivision 2 of section
19 695-e of the education law, as amended by chapter 593 of the laws of
20 2003, is amended to read as follows:
21 (iii) the name, address, and social security number, EMPLOYER IDEN-
22 TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
23 designated beneficiary, UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN
24 EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
25 THOUSAND FOURTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
26 TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION
27 NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
28 S 63. The president of the higher education services corporation, in
29 consultation with the commissioner of education, shall establish an
30 application form and procedures that shall allow a student applicant
31 that meets the requirements set forth in subparagraph (ii) of paragraph
32 a or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of
33 the education law to apply directly to the higher education services
34 corporation or education department for applicable awards without having
35 to submit information to any other state or federal agency. All informa-
36 tion contained within the applications filed with such corporation or
37 department shall be deemed confidential.
38 S 64. The correction law is amended by adding a new section 71-b to
39 read as follows:
40 S 71-B. PERSONS NOT TO BE DETAINED. 1. FOR THE PURPOSES OF THIS
41 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
42 (A) "CIVIL IMMIGRATION DETAINER" SHALL MEAN A DETAINER ISSUED PURSUANT
43 TO 8 C.F.R. 287.7.
44 (B) "ADMINISTRATIVE WARRANT" SHALL MEAN AN IMMIGRATION WARRANT OF
45 ARREST, ORDER TO DETAIN OR RELEASE ALIENS, NOTICE OF CUSTODY DETERMI-
46 NATION, NOTICE TO APPEAR, REMOVAL ORDER, WARRANT OF REMOVAL, OR ANY
47 OTHER DOCUMENT ISSUED BY AN IMMIGRATION AGENT THAT CAN FORM THE BASIS
48 FOR AN INDIVIDUAL'S ARREST OR DETENTION FOR A CIVIL IMMIGRATION PURPOSE.
49 (C) "LAW ENFORCEMENT OFFICER" SHALL MEAN ALL OFFICERS, EMPLOYEES AND
50 PERSONS OTHERWISE PAID BY OR ACTING AS AGENTS OF ANY MUNICIPAL, COUNTY
51 OR STATE POLICE DEPARTMENT OR DEPARTMENT OF CORRECTIONS.
52 (D) "FEDERAL IMMIGRATION AUTHORITIES" SHALL MEAN ANY OFFICER, EMPLOYEE
53 OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF UNITED STATES IMMI-
54 GRATION AND CUSTOMS ENFORCEMENT OR ANY DIVISION THEREOF OR ANY OTHER
55 OFFICER, EMPLOYEE OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF
56 THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY WHO IS CHARGED WITH
S. 7879 30 A. 10129
1 ENFORCEMENT OF THE CIVIL PROVISIONS OF THE IMMIGRATION AND NATIONALITY
2 ACT.
3 (E) "FACILITY" SHALL MEAN ANY FACILITY OWNED OR LEASED BY THE STATE,
4 STAFFED BY PERSONNEL PAID BY THE STATE, OR USED PRIMARILY FOR THE
5 CONDUCT OF STATE BUSINESS, INCLUDING BUT NOT LIMITED TO ANY PRISON OR
6 JAIL OWNED OR OPERATED BY ANY GOVERNMENT ENTITY UNDER THE STATE'S JURIS-
7 DICTION.
8 2. (A) LAW ENFORCEMENT OFFICERS SHALL NOT HONOR A CIVIL IMMIGRATION
9 DETAINER OR ADMINISTRATIVE WARRANT FROM FEDERAL IMMIGRATION OFFICIALS
10 BY:
11 (I) HOLDING A PERSON BEYOND THE TIME WHEN SUCH PERSON WOULD OTHERWISE
12 BE RELEASED FROM CUSTODY; OR
13 (II) EXPENDING TIME OR RESOURCES RESPONDING TO INQUIRIES OR COMMUNI-
14 CATING WITH FEDERAL IMMIGRATION AUTHORITIES OF SUCH PERSON'S INCARCERA-
15 TION STATUS, RELEASE DATES, COURT APPEARANCE DATES, OR ANY OTHER INFOR-
16 MATION RELATED TO AN INDIVIDUAL IN CUSTODY UNLESS SUCH A RESPONSE OR
17 COMMUNICATION IS REQUIRED OR PROTECTED BY LAW.
18 (B) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
19 NAL WARRANT, OR LAW ENFORCEMENT OFFICIALS HAVE A LEGITIMATE LAW ENFORCE-
20 MENT PURPOSE THAT IS NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION LAW,
21 LAW ENFORCEMENT OFFICERS SHALL NOT PERMIT ANY FEDERAL IMMIGRATION OFFI-
22 CIAL TO:
23 (I) HAVE ACCESS TO ANY PERSON IN THEIR CUSTODY; OR
24 (II) HAVE ACCESS TO ANY FACILITY OWNED OR OPERATED BY THE STATE, OR BY
25 ANY MUNICIPALITY WITHIN THE STATE, FOR THE PURPOSE OF INVESTIGATING
26 POTENTIAL VIOLATIONS OF THE CIVIL IMMIGRATION LAW.
27 3. NOTHING IN THIS SECTION SHALL AFFECT THE OBLIGATION OF LAW ENFORCE-
28 MENT OFFICERS TO MAINTAIN THE CONFIDENTIALITY OF ANY INFORMATION
29 OBTAINED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
30 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY AUTHORITY
31 ON ANY ENTITY TO HOLD PERSONS ON CIVIL IMMIGRATION DETAINERS BEYOND THE
32 AUTHORITY, IF ANY, THAT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS
33 SECTION.
34 5. THIS SECTION SUPERSEDES ALL CONFLICTING POLICIES, RULES, PROCEDURES
35 AND PRACTICES OF THE STATE. NOTHING IN THIS SECTION SHALL BE CONSTRUED
36 TO PROHIBIT ANY STATE AGENCY FROM COOPERATING WITH FEDERAL IMMIGRATION
37 AUTHORITIES WHEN REQUIRED UNDER FEDERAL LAW. NOTHING IN THIS SECTION
38 SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE ANY POWER, DUTY OR OBLI-
39 GATION IN CONFLICT WITH ANY FEDERAL, STATE OR LOCAL LAW.
40 6. NOTHING CONTAINED IN THIS SECTION OR IN THE ADMINISTRATION OR
41 APPLICATION HEREOF SHALL BE CONSTRUED AS CREATING ANY PRIVATE RIGHT OF
42 ACTION ON THE PART OF ANY PERSONS OR ENTITY AGAINST THE STATE OR THE
43 DEPARTMENT.
44 7. ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST, THE DEPARTMENT SHALL
45 POST A REPORT ON THE DEPARTMENT'S WEBSITE THAT INCLUDES THE FOLLOWING
46 INFORMATION FOR THE PRECEDING TWELVE MONTH PERIOD:
47 (A) THE NUMBER OF CIVIL IMMIGRATION DETAINERS RECEIVED FROM FEDERAL
48 IMMIGRATION AUTHORITIES;
49 (B) THE NUMBER OF PERSONS HELD PURSUANT TO CIVIL IMMIGRATION DETAINERS
50 BEYOND THE TIME WHEN SUCH PERSONS WOULD OTHERWISE BE RELEASED FROM THE
51 DEPARTMENT'S CUSTODY;
52 (C) THE NUMBER OF PERSONS TRANSFERRED TO THE CUSTODY OF FEDERAL IMMI-
53 GRATION AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS; AND
54 (D) THE JUSTIFICATION AND LEGAL AUTHORITY FOR THE TRANSFER OF ANY
55 INDIVIDUAL TO THE CUSTODY OF FEDERAL IMMIGRATION AUTHORITIES.
S. 7879 31 A. 10129
1 8. FOR THE PURPOSE OF THIS SECTION, ANY REFERENCE TO A STATUTE, RULE,
2 OR REGULATION SHALL BE DEEMED TO INCLUDE ANY SUCCESSOR PROVISION.
3 S 65. The executive law is amended by adding a new section 243-a to
4 read as follows:
5 S 243-A. PERSONS NOT TO BE DETAINED. 1. FOR THE PURPOSES OF THIS
6 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
7 (A) "CIVIL IMMIGRATION DETAINER" SHALL MEAN A DETAINER ISSUED PURSUANT
8 TO 8 C.F.R. 287.7.
9 (B) "ADMINISTRATIVE WARRANT" SHALL MEAN AN IMMIGRATION WARRANT OF
10 ARREST, ORDER TO DETAIN OR RELEASE ALIENS, NOTICE OF CUSTODY DETERMI-
11 NATION, NOTICE TO APPEAR, REMOVAL ORDER, WARRANT OF REMOVAL, OR ANY
12 OTHER DOCUMENT ISSUED BY AN IMMIGRATION AGENT THAT CAN FORM THE BASIS
13 FOR AN INDIVIDUAL'S ARREST OR DETENTION FOR A CIVIL IMMIGRATION PURPOSE.
14 (C) "PROBATION OFFICER" SHALL MEAN ANY OFFICER, EMPLOYEE OR PERSON
15 OTHERWISE PAID BY OR ACTING AS AN AGENT OF THE OFFICE OF PROBATION AND
16 CORRECTIONAL ALTERNATIVES, OR ANY COUNTY OR MUNICIPAL PROBATION DEPART-
17 MENT.
18 (D) "FEDERAL IMMIGRATION AUTHORITIES" SHALL MEAN ANY OFFICER, EMPLOYEE
19 OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF UNITED STATES IMMI-
20 GRATION AND CUSTOMS ENFORCEMENT OR ANY DIVISION THEREOF OR ANY OTHER
21 OFFICER, EMPLOYEE OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF
22 THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY WHO IS CHARGED WITH
23 ENFORCEMENT OF THE CIVIL PROVISIONS OF THE IMMIGRATION AND NATIONALITY
24 ACT.
25 (E) "FACILITY" SHALL MEAN ANY FACILITY OWNED OR LEASED BY THE STATE,
26 STAFFED BY PERSONNEL PAID BY THE STATE, OR USED PRIMARILY FOR THE
27 CONDUCT OF STATE BUSINESS, INCLUDING BUT NOT LIMITED TO ANY PRISON OR
28 JAIL OWNED OR OPERATED BY ANY GOVERNMENT ENTITY UNDER THE STATE'S JURIS-
29 DICTION.
30 2. (A) PROBATION OFFICERS SHALL NOT HONOR A CIVIL IMMIGRATION DETAINER
31 OR ADMINISTRATIVE WARRANT FROM FEDERAL IMMIGRATION OFFICIALS BY:
32 (I) HOLDING A PERSON BEYOND THE TIME WHEN SUCH PERSON WOULD OTHERWISE
33 BE RELEASED FROM CUSTODY; OR
34 (II) EXPENDING TIME OR RESOURCES RESPONDING TO INQUIRIES OR COMMUNI-
35 CATING WITH FEDERAL IMMIGRATION AUTHORITIES OF SUCH PERSON'S INCARCERA-
36 TION STATUS, RELEASE DATES, COURT APPEARANCE DATES, OR ANY OTHER INFOR-
37 MATION RELATED TO AN INDIVIDUAL IN CUSTODY UNLESS SUCH A RESPONSE OR
38 COMMUNICATION IS REQUIRED OR PROTECTED BY LAW.
39 (B) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
40 NAL WARRANT, OR LAW ENFORCEMENT OFFICIALS HAVE A LEGITIMATE LAW ENFORCE-
41 MENT PURPOSE THAT IS NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION LAW,
42 PROBATION OFFICERS SHALL NOT PERMIT ANY FEDERAL IMMIGRATION OFFICIAL TO:
43 (I) HAVE ACCESS TO ANY PERSON IN THEIR CUSTODY; OR
44 (II) HAVE ACCESS TO ANY FACILITY OWNED OR OPERATED BY THE STATE, OR BY
45 ANY MUNICIPALITY WITHIN THE STATE, FOR THE PURPOSE OF INVESTIGATING
46 POTENTIAL VIOLATIONS OF THE CIVIL IMMIGRATION LAW.
47 (C) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
48 NAL WARRANT, OR PROBATION OFFICERS HAVE A LEGITIMATE LAW ENFORCEMENT
49 PURPOSE THAT IS NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION LAW, NO
50 PROBATION OFFICER SHALL
51 (I) PROVIDE ANY DETAINEE, INMATE OR BOOKING LISTS TO FEDERAL IMMI-
52 GRATION OFFICIALS; OR
53 (II) EXPEND TIME OR RESOURCES RESPONDING TO INQUIRIES OR COMMUNICATING
54 WITH FEDERAL IMMIGRATION OFFICIALS, REGARDING ANY PERSON'S INCARCERATION
55 STATUS, PROBATION STATUS, RELEASE DATE, COURT APPEARANCE DATES OR ANY
S. 7879 32 A. 10129
1 OTHER INFORMATION, UNLESS SUCH RESPONSE OR COMMUNICATIONS IS REQUIRED OR
2 PROTECTED BY LAW.
3 3. NOTHING IN THIS SECTION SHALL AFFECT THE OBLIGATION OF PROBATION
4 OFFICERS TO MAINTAIN THE CONFIDENTIALITY OF ANY INFORMATION OBTAINED
5 PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
6 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY AUTHORITY
7 ON ANY ENTITY TO HOLD PERSONS ON CIVIL IMMIGRATION DETAINERS BEYOND THE
8 AUTHORITY, IF ANY, THAT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS
9 SECTION.
10 5. THIS SECTION SUPERSEDES ALL CONFLICTING POLICIES, RULES, PROCEDURES
11 AND PRACTICES OF THE STATE. NOTHING IN THIS SECTION SHALL BE CONSTRUED
12 TO PROHIBIT ANY STATE AGENCY FROM COOPERATING WITH FEDERAL IMMIGRATION
13 AUTHORITIES WHEN REQUIRED UNDER FEDERAL LAW. NOTHING IN THIS SECTION
14 SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE ANY POWER, DUTY OR OBLI-
15 GATION IN CONFLICT WITH ANY FEDERAL, STATE OR LOCAL LAW.
16 6. NOTHING CONTAINED IN THIS SECTION OR IN THE ADMINISTRATION OR
17 APPLICATION HEREOF SHALL BE CONSTRUED AS CREATING ANY PRIVATE RIGHT OF
18 ACTION ON THE PART OF ANY PERSONS OR ENTITY AGAINST THE STATE OR THE
19 OFFICE.
20 7. ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST, THE DEPARTMENT SHALL
21 POST A REPORT ON THE OFFICE'S WEBSITE THAT INCLUDES THE FOLLOWING INFOR-
22 MATION FOR THE PRECEDING TWELVE MONTH PERIOD:
23 (A) THE NUMBER OF CIVIL IMMIGRATION DETAINERS RECEIVED FROM FEDERAL
24 IMMIGRATION AUTHORITIES;
25 (B) THE NUMBER OF PERSONS HELD PURSUANT TO CIVIL IMMIGRATION DETAINERS
26 BEYOND THE TIME WHEN SUCH PERSONS WOULD OTHERWISE BE RELEASED FROM THE
27 OFFICE'S CUSTODY;
28 (C) THE NUMBER OF PERSONS TRANSFERRED TO THE CUSTODY OF FEDERAL IMMI-
29 GRATION AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS; AND
30 (D) THE JUSTIFICATION AND LEGAL AUTHORITY FOR THE TRANSFER OF ANY
31 INDIVIDUAL TO THE CUSTODY OF FEDERAL IMMIGRATION AUTHORITIES.
32 8. FOR THE PURPOSE OF THIS SECTION, ANY REFERENCE TO A STATUTE, RULE,
33 OR REGULATION SHALL BE DEEMED TO INCLUDE ANY SUCCESSOR PROVISION.
34 S 66. The executive law is amended by adding a new section 223-a to
35 read as follows:
36 S 223-A. PROHIBITION ON RACIAL PROFILING. 1. FOR THE PURPOSES OF THIS
37 SECTION, "RACIAL PROFILING" SHALL MEAN THE PRACTICE OF A LAW ENFORCEMENT
38 OFFICER OR AGENCY RELYING, TO ANY DEGREE, ON RACE, ETHNICITY, NATIONAL
39 ORIGIN, OR RELIGION IN SELECTING WHICH INDIVIDUAL TO SUBJECT TO ROUTINE
40 OR SPONTANEOUS INVESTIGATORY ACTIVITIES OR IN DECIDING UPON THE SCOPE
41 AND SUBSTANCE OF LAW ENFORCEMENT ACTIVITY FOLLOWING THE INITIAL INVESTI-
42 GATORY PROCEDURE, EXCEPT WHEN THERE IS TRUSTWORTHY INFORMATION, RELEVANT
43 TO THE LOCALITY AND TIMEFRAME, THAT LINKS A PERSON OF A PARTICULAR RACE,
44 ETHNICITY, NATIONAL ORIGIN, OR RELIGION TO AN IDENTIFIED CRIMINAL INCI-
45 DENT OR SCHEME.
46 2. THE SUPERINTENDENT OF STATE POLICE AND MEMBERS OF THE DIVISION OF
47 STATE POLICE SHALL NOT ENGAGE IN RACIAL PROFILING.
48 3. THE DIVISION OF STATE POLICE SHALL MAINTAIN ADEQUATE POLICIES AND
49 PROCEDURES DESIGNED TO ELIMINATE RACIAL PROFILING AND CEASE EXISTING
50 PRACTICES THAT PERMIT RACIAL PROFILING. POLICIES AND PROCEDURES SHALL
51 INCLUDE:
52 (A) A PROHIBITION ON RACIAL PROFILING;
53 (B) TRAINING ON RACIAL PROFILING ISSUES AS PART OF STATE POLICE TRAIN-
54 ING;
55 (C) THE COLLECTION OF RELEVANT DATA;
S. 7879 33 A. 10129
1 (D) PROCEDURES FOR RECEIVING, INVESTIGATING AND RESPONDING MEANINGFUL-
2 LY TO COMPLAINTS ALLEGING RACIAL PROFILING BY MEMBERS OF THE DIVISION OF
3 STATE POLICE; AND
4 (E) ANY OTHER POLICIES AND PROCEDURES THE SUPERINTENDENT DETERMINES TO
5 BE NECESSARY TO ELIMINATE RACIAL PROFILING.
6 4. AN INDIVIDUAL INJURED BY RACIAL PROFILING MAY ENFORCE THIS SECTION
7 IN A CIVIL ACTION FOR DECLARATORY OR INJUNCTIVE RELIEF, UPON PROOF THAT
8 THE ROUTINE OR SPONTANEOUS INVESTIGATORY ACTIVITIES OF MEMBERS OF THE
9 DIVISION OF STATE POLICE HAVE HAD A DISPARATE IMPACT ON RACIAL, ETHNIC,
10 OR RELIGIOUS MINORITIES SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF A
11 VIOLATION OF THIS SECTION. IN ANY ACTION OR PROCEEDING TO ENFORCE THIS
12 SECTION, THE COURT MAY ALLOW A PREVAILING PLAINTIFF REASONABLE ATTOR-
13 NEY'S FEES AS PART OF THE COSTS AND MAY INCLUDE EXPERT FEES AS PART OF
14 THE ATTORNEY'S FEE.
15 S 67. The provisions of this act shall not be construed to conflict
16 with any provision of federal law, rule or regulation, and in any
17 circumstance in which a conflict may exist, the appropriate federal law,
18 rule or regulation shall be controlling.
19 S 68. This act shall take effect on the first of January next succeed-
20 ing the date on which it shall have become a law, provided that:
21 (a) the amendments to section 6604-b of the education law, made by
22 section fourteen of this act, shall not affect the repeal of such
23 section and shall be deemed repealed therewith;
24 (b) section twenty-eight of this act shall take effect upon the enact-
25 ment into law by the state of New Jersey of legislation having an iden-
26 tical effect with such section, but if the state of New Jersey shall
27 have already enacted such legislation, section twenty-eight of this act
28 shall take effect on the effective date of this act; provided that the
29 office for new Americans shall notify the legislative bill drafting
30 commission upon the occurrence of the enactment of such legislation by
31 the state of New Jersey in order that the commission may maintain an
32 accurate and timely effective data base of the official text of the laws
33 of the state of New York in furtherance of effectuating the provisions
34 of section 44 of the legislative law and section 70-b of the public
35 officers law;
36 (c) section thirty-six of this act shall take effect October 3, 2016;
37 and
38 (d) effective immediately, the addition, amendment and/or repeal of
39 any rule or regulation necessary for the implementation of this act on
40 its effective date are authorized and directed to be made and completed
41 on or before such effective date.
