S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3697
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced  by  M. of A. CORWIN, STEC, MONTESANO, GRAF, BARCLAY, CROUCH,
         HAWLEY -- Multi-Sponsored by --  M.  of  A.  BORELLI,  DUPREY,  FINCH,
         GIGLIO,  GOODELL,  MAGEE,  McDONOUGH,  TENNEY, WALTER -- read once and
         referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to regulation of firearms and
         possession of large capacity ammunition feeding devices; to amend  the
         tax  law, in relation to grants for school resource officers; to amend
         the education law and the social services  law,  in  relation  to  the
         practice  of  school  psychology; to amend the mental hygiene law, the
         executive law and the penal law, in relation  to  licenses  to  carry,
         possess,  repair  and  dispose  of firearms and reports of substantial
         risk or threat of harm  by  mental  health  professionals;  to  repeal
         certain  provisions  of  the  penal  law  relating to firearms; and to
         repeal section 2509 of the surrogate's court procedure act relating to
         a firearms inventory
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Subdivision  22  of section 265.00 of the penal law, as
    2  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    3    22. "Assault weapon" means
    4    [(a) a semiautomatic rifle that has an ability to accept a  detachable
    5  magazine and has at least one of the following characteristics:
    6    (i) a folding or telescoping stock;
    7    (ii)  a pistol grip that protrudes conspicuously beneath the action of
    8  the weapon;
    9    (iii) a thumbhole stock;
   10    (iv) a second handgrip or a protruding grip that can be  held  by  the
   11  non-trigger hand;
   12    (v) a bayonet mount;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04616-01-5
       A. 3697                             2
    1    (vi) a flash suppressor, muzzle break, muzzle compensator, or threaded
    2  barrel  designed  to  accommodate  a  flash suppressor, muzzle break, or
    3  muzzle compensator;
    4    (vii) a grenade launcher; or
    5    (b)  a  semiautomatic  shotgun  that has at least one of the following
    6  characteristics:
    7    (i) a folding or telescoping stock;
    8    (ii) a thumbhole stock;
    9    (iii) a second handgrip or a protruding grip that can be held  by  the
   10  non-trigger hand;
   11    (iv) a fixed magazine capacity in excess of seven rounds;
   12    (v) an ability to accept a detachable magazine; or
   13    (c)  a semiautomatic pistol that has an ability to accept a detachable
   14  magazine and has at least one of the following characteristics:
   15    (i) a folding or telescoping stock;
   16    (ii) a thumbhole stock;
   17    (iii) a second handgrip or a protruding grip that can be held  by  the
   18  non-trigger hand;
   19    (iv)  capacity  to  accept an ammunition magazine that attaches to the
   20  pistol outside of the pistol grip;
   21    (v) a threaded barrel capable of accepting a  barrel  extender,  flash
   22  suppressor, forward handgrip, or silencer;
   23    (vi)  a  shroud that is attached to, or partially or completely encir-
   24  cles, the barrel and that permits the shooter to hold the  firearm  with
   25  the non-trigger hand without being burned;
   26    (vii) a manufactured weight of fifty ounces or more when the pistol is
   27  unloaded; or
   28    (viii)  a  semiautomatic  version  of  an  automatic rifle, shotgun or
   29  firearm;
   30    (d) a revolving cylinder shotgun;
   31    (e) a semiautomatic rifle, a semiautomatic shotgun or a  semiautomatic
   32  pistol  or weapon defined in subparagraph (v) of paragraph (e) of subdi-
   33  vision twenty-two of section 265.00 of this chapter as added by  chapter
   34  one  hundred  eighty-nine  of  the  laws  of  two thousand and otherwise
   35  lawfully possessed pursuant to such chapter of the laws of two  thousand
   36  prior to September fourteenth, nineteen hundred ninety-four;
   37    (f)  a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
   38  pistol or weapon defined in paragraph (a), (b) or (c) of  this  subdivi-
   39  sion,  possessed  prior  to  the date of enactment of the chapter of the
   40  laws of two thousand thirteen which added this paragraph;
   41    (g) provided, however, that such term does not include:
   42    (i) any rifle, shotgun or pistol that  (A)  is  manually  operated  by
   43  bolt,  pump,  lever  or  slide action; (B) has been rendered permanently
   44  inoperable; or (C) is  an  antique  firearm  as  defined  in  18  U.S.C.
   45  921(a)(16);
   46    (ii)  a  semiautomatic  rifle that cannot accept a detachable magazine
   47  that holds more than five rounds of ammunition;
   48    (iii) a semiautomatic shotgun that cannot hold more than  five  rounds
   49  of ammunition in a fixed or detachable magazine; or
   50    (iv)  a rifle, shotgun or pistol, or a replica or a duplicate thereof,
   51  specified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured
   52  on October first, nineteen hundred ninety-three. The mere  fact  that  a
   53  weapon  is  not listed in Appendix A shall not be construed to mean that
   54  such weapon is an assault weapon;
       A. 3697                             3
    1    (v) any weapon validly registered pursuant to subdivision sixteen-a of
    2  section 400.00 of this chapter. Such weapons shall  be  subject  to  the
    3  provisions of paragraph (h) of this subdivision;
    4    (vi)  any  firearm,  rifle,  or shotgun that was manufactured at least
    5  fifty years prior to the current date, but not including replicas there-
    6  of that is validly  registered  pursuant  to  subdivision  sixteen-a  of
    7  section 400.00 of this chapter;
    8    (h) Any weapon defined in paragraph (e) or (f) of this subdivision and
    9  any  large capacity ammunition feeding device that was legally possessed
   10  by an individual prior to the enactment of the chapter of  the  laws  of
   11  two  thousand  thirteen which added this paragraph, may only be sold to,
   12  exchanged with or disposed of to a purchaser authorized to possess  such
   13  weapons or to an individual or entity outside of the state provided that
   14  any  such  transfer to an individual or entity outside of the state must
   15  be reported to the entity wherein the weapon is registered within seven-
   16  ty-two hours of such transfer. An  individual  who  transfers  any  such
   17  weapon  or  large capacity ammunition device to an individual inside New
   18  York state or without complying with the provisions  of  this  paragraph
   19  shall  be  guilty  of  a  class A misdemeanor unless such large capacity
   20  ammunition feeding device, the possession of which is  made  illegal  by
   21  the  chapter of the laws of two thousand thirteen which added this para-
   22  graph, is transferred within one year of the effective date of the chap-
   23  ter of the laws of two thousand thirteen which added this paragraph.]
   24    (A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT  A  DETACHABLE
   25  MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   26    (I) A FOLDING OR TELESCOPING STOCK;
   27    (II)  A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
   28  THE WEAPON;
   29    (III) A BAYONET MOUNT;
   30    (IV) A FLASH SUPPRESSOR OR THREADED BARREL DESIGNED TO  ACCOMMODATE  A
   31  FLASH SUPPRESSOR;
   32    (V) A GRENADE LAUNCHER; OR
   33    (B)  A  SEMIAUTOMATIC  SHOTGUN  THAT HAS AT LEAST TWO OF THE FOLLOWING
   34  CHARACTERISTICS:
   35    (I) A FOLDING OR TELESCOPING STOCK;
   36    (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION  OF
   37  THE WEAPON;
   38    (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
   39    (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
   40    (C)  A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
   41  MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   42    (I) AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF  THE
   43  PISTOL GRIP;
   44    (II)  A  THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
   45  SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
   46    (III) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY  ENCIR-
   47  CLES,  THE  BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
   48  THE NONTRIGGER HAND WITHOUT BEING BURNED;
   49    (IV) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL  IS
   50  UNLOADED;
   51    (V) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
   52  OR
   53    (D)  ANY  OF  THE  WEAPONS, OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH
   54  WEAPONS, OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER,  KNOWN
   55  AS:
       A. 3697                             4
    1    (I) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
    2  MODELS);
    3    (II) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
    4    (III) BERETTA AR70 (SC-70);
    5    (IV) COLT AR-15;
    6    (V) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
    7    (VI) SWD M-10, M-11, M-11/9, AND M-12;
    8    (VII) STEYR AUG;
    9    (VIII) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
   10    (IX)  REVOLVING  CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR TO) THE STREET
   11  SWEEPER AND STRIKER 12;
   12    (E) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
   13    (I) ANY RIFLE, SHOTGUN OR PISTOL THAT  (A)  IS  MANUALLY  OPERATED  BY
   14  BOLT,  PUMP,  LEVER  OR SLIDE ACTION;  (B) HAS BEEN RENDERED PERMANENTLY
   15  INOPERABLE; OR (C) IS AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921 (A)
   16  (16);
   17    (II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT  A  DETACHABLE  MAGAZINE
   18  THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
   19    (III)  A  SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
   20  OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
   21    (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE  THEREOF,
   22  SPECIFIED  IN  APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
   23  MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE.  THE  MERE
   24  FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
   25  MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
   26    (V)  A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
   27  PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH (D) OF  THIS  SUBDIVI-
   28  SION  LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED
   29  NINETY-FOUR.
   30    S 2. Subdivision 23 of section 265.00 of the penal law, as amended  by
   31  chapter 1 of the laws of 2013, is amended to read as follows:
   32    23. "Large capacity ammunition feeding device" means a magazine, belt,
   33  drum,  feed strip, or similar device, MANUFACTURED AFTER SEPTEMBER THIR-
   34  TEENTH, NINETEEN HUNDRED NINETY-FOUR, that [(a)] has a capacity  of,  or
   35  that  can  be  readily  restored  or  converted to accept, more than ten
   36  rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
   37  tion, or (c) is obtained after the effective date of the chapter of  the
   38  laws  of  two thousand thirteen which amended this subdivision and has a
   39  capacity of, or that can be readily restored  or  converted  to  accept,
   40  more than seven rounds of ammunition]; provided, however, that such term
   41  does  not  include  an  attached  tubular device designed to accept, and
   42  capable of operating only with, .22 caliber  rimfire  ammunition  [or  a
   43  feeding  device  that  is  a curio or relic.  A feeding device that is a
   44  curio or relic is defined as a device that (i) was manufactured at least
   45  fifty years prior to the current date, (ii) is  only  capable  of  being
   46  used  exclusively  in a firearm, rifle, or shotgun that was manufactured
   47  at least fifty years prior to the current date, but not including repli-
   48  cas thereof, (iii) is possessed by an individual who is  not  prohibited
   49  by state or federal law from possessing a firearm and (iv) is registered
   50  with  the  division of state police pursuant to subdivision sixteen-a of
   51  section 400.00 of this chapter, except such feeding devices  transferred
   52  into  the  state may be registered at any time, provided they are regis-
   53  tered within thirty days of their transfer into the state. Notwithstand-
   54  ing paragraph (h) of subdivision twenty-two of this section, such  feed-
   55  ing  devices  may  be  transferred  provided that such transfer shall be
       A. 3697                             5
    1  subject to the provisions of section 400.03 of  this  chapter  including
    2  the check required to be conducted pursuant to such section].
    3    S 3. Sections 265.01-b, 265.36, 265.37, 400.02 and 400.03 of the penal
    4  law are REPEALED.
    5    S  4.  Subdivision 8 of section 265.02 of the penal law, as amended by
    6  chapter 1 of the laws of 2013, is amended to read as follows:
    7    (8) Such person possesses a large capacity ammunition feeding device[.
    8  For purposes of this subdivision, a large  capacity  ammunition  feeding
    9  device shall not include an ammunition feeding device lawfully possessed
   10  by  such  person before the effective date of the chapter of the laws of
   11  two thousand thirteen which amended this subdivision, that has a capaci-
   12  ty of, or that can be readily restored or converted to accept more  than
   13  seven  but  less  than eleven rounds of ammunition, or that was manufac-
   14  tured before September thirteenth, nineteen  hundred  ninety-four,  that
   15  has  a  capacity  of,  or  that  can be readily restored or converted to
   16  accept, more than ten rounds of ammunition]; or
   17    S 5. Subdivision 6 of section 186-f of  the  tax  law  is  amended  by
   18  adding a new paragraph (h) to read as follows:
   19    (H)  UP  TO THE SUM OF THIRTY MILLION DOLLARS ANNUALLY MAY BE USED FOR
   20  THE PROVISION OF GRANTS OR REIMBURSEMENTS TO SCHOOL DISTRICTS DESIGNATED
   21  AS HIGH NEED AND AVERAGE NEED FOR THE COSTS RELATED  TO  THE  HIRING  OF
   22  SCHOOL  RESOURCE  OFFICERS,  TO BE DISTRIBUTED PURSUANT TO STANDARDS AND
   23  GUIDELINES ISSUED BY THE STATE. FOR THE PURPOSES  OF  THIS  SUBDIVISION,
   24  HIGH  NEED  AND AVERAGE NEED SCHOOL DISTRICTS ARE THOSE DISTRICTS DESIG-
   25  NATED PURSUANT TO CLAUSE (C) OF  SUBPARAGRAPH  TWO  OF  PARAGRAPH  C  OF
   26  SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW.
   27    S 6. Section 2509 of the surrogate's court procedure act is REPEALED.
   28    S  7.  The  education  law is amended by adding a new article 166-A to
   29  read as follows:
   30                                 ARTICLE 166-A
   31                              SCHOOL PSYCHOLOGY
   32  SECTION 8720. INTRODUCTION.
   33          8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
   34                  PSYCHOLOGIST".
   35          8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
   36          8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
   37          8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
   38          8725. LIMITED PERMITS.
   39          8726. EXEMPTIONS.
   40          8727. SPECIAL PROVISIONS.
   41    S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
   42  TICE OF SCHOOL  PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED  SCHOOL
   43  PSYCHOLOGIST".   THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
   44  ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
   45    S 8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE  OF  THE  TITLE  "SCHOOL
   46  PSYCHOLOGIST".    ONLY  A  PERSON  LICENSED OR EXEMPT UNDER THIS ARTICLE
   47  SHALL PRACTICE SCHOOL PSYCHOLOGY  OR  USE  THE  TITLE  "LICENSED  SCHOOL
   48  PSYCHOLOGIST".
   49    S  8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE PRACTICE
   50  OF SCHOOL PSYCHOLOGY IS:
   51    1. THE ASSESSMENT,  INCLUDING  PSYCHO-EDUCATIONAL,  DEVELOPMENTAL  AND
   52  VOCATIONAL    ASSESSMENT, EVALUATION AND INTERPRETATION OF INTELLIGENCE,
   53  COGNITIVE  PROCESSES,  APTITUDES,    INTERESTS,  ACADEMIC   ACHIEVEMENT,
   54  ADJUSTMENT,  PERSONALITY  FACTORS  AND  MOTIVATIONS, OR ANY OTHER ATTRI-
   55  BUTES, IN INDIVIDUALS OR GROUPS, THAT RELATE TO LEARNING,  EDUCATION  OR
   56  ADJUSTMENT NEEDS;
       A. 3697                             6
    1    2.   THE   DEVELOPMENT  AND  IMPLEMENTATION  OF  EDUCATIONALLY-RELATED
    2  PSYCHOTHERAPEUTIC AND BEHAVIORAL APPROACHES TO INCREASE  SCHOOL  ADJUST-
    3  MENT  AND  ACADEMIC  SUCCESS,  COUNSELING  AND  INTERPRETIVE SERVICES TO
    4  REDUCE EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO,  VERBAL
    5  INTERACTION,  INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND VOCA-
    6  TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
    7    3. CONSULTATION WITH REPRESENTATIVES OF SCHOOLS, AGENCIES  AND  ORGAN-
    8  IZATIONS,  FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL, DEVEL-
    9  OPMENTAL AND VOCATIONAL   ASSISTANCE  OR  DIRECT  EDUCATIONAL  SERVICES,
   10  RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO  THOSE PROBLEMS; AND
   11    4.  THE  DEVELOPMENT OF PROGRAMMING, INCLUDING DESIGNING, IMPLEMENTING
   12  OR EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING  ENVIRON-
   13  MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
   14  UALS, FAMILIES OR GROUPS.
   15    S  8723.    REQUIREMENTS  FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
   16  LICENSE AS A LICENSED SCHOOL PSYCHOLOGIST, AN  APPLICANT  SHALL  FULFILL
   17  THE FOLLOWING REQUIREMENTS:
   18    1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   19    2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
   20  THE  REQUIREMENTS  OF A MASTER'S OR DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY
   21  FROM A PROGRAM REGISTERED  BY  THE  DEPARTMENT,  OR  DETERMINED  BY  THE
   22  DEPARTMENT  TO  BE  THE  SUBSTANTIAL  EQUIVALENT  IN ACCORDANCE WITH THE
   23  COMMISSIONER'S REGULATIONS. THE GRADUATE COURSEWORK SHALL  INCLUDE,  BUT
   24  NOT BE LIMITED TO, THE FOLLOWING AREAS:
   25    (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
   26    (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
   27    (III)  ASSESSMENT  AND  APPRAISAL  OF  LEARNERS  IN  HOME  AND  SCHOOL
   28  CONTEXTS;
   29    (IV) CONSULTATION AND COLLABORATION IN FAMILY,  SCHOOL  AND  COMMUNITY
   30  SYSTEMS;
   31    (V)  EFFECTIVE  INSTRUCTION  AND DEVELOPMENT OF COGNITIVE AND ACADEMIC
   32  SKILLS;
   33    (VI) PREVENTION AND TREATMENT OF BEHAVIORAL  AND  EMOTIONAL  DISORDERS
   34  AND DEFICITS;
   35    (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
   36    (VIII) RESEARCH AND PROGRAM EVALUATION;
   37    (IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
   38    (X)  COMPLETION  OF  A  TWELVE  HUNDRED  HOUR SUPERVISED INTERNSHIP IN
   39  SCHOOL PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED  WITHIN
   40  A SCHOOL SETTING.
   41    3.  EXPERIENCE:  COMPLETE A MINIMUM OF TWO THOUSAND FOUR HUNDRED HOURS
   42  OF POST-MASTER'S SUPERVISED  EXPERIENCE  RELEVANT  TO  THE  PRACTICE  OF
   43  SCHOOL  PSYCHOLOGY  SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE
   44  COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
   45  ONE THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN  SCHOOL
   46  PSYCHOLOGY;
   47    4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
   48  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   49    5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   50    6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
   51  MENT; AND
   52    7.  FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
   53  ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN  INITIAL
   54  LICENSE;  A FEE OF EIGHTY-FIVE  DOLLARS FOR EACH REEXAMINATION; A FEE OF
   55  ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL  LICENSE FOR PERSONS NOT
       A. 3697                             7
    1  REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A  FEE  OF
    2  ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
    3    S  8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1.  IT SHALL BE DEEMED
    4  PRACTICING OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL  COMPETENCE
    5  FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
    6  OF  ANY  SERIOUS  MENTAL ILLNESS, TO PROVIDE  ANY MENTAL HEALTH SERVICES
    7  FOR SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A   MEDICAL
    8  EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
    9  ING SUCH  ILLNESS.  SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
   10  DETERMINE  AND  ADVISE  WHETHER  ANY  MEDICAL CARE IS INDICATED FOR SUCH
   11  ILLNESS. FOR PURPOSES OF THIS SECTION,  "SERIOUS MENTAL  ILLNESS"  MEANS
   12  SCHIZOPHRENIA,   SCHIZOAFFECTIVE  DISORDER,  BIPOLAR  DISORDER,    MAJOR
   13  DEPRESSIVE DISORDER, PANIC DISORDER AND  OBSESSIVE-COMPULSIVE  DISORDER.
   14  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT OR IMPAIR
   15  CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL.  NOTH-
   16  ING HEREIN CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR  OTHERWISE  AFFECT
   17  THE  DEFINITION  OF  THE  PRACTICE  OF  SCHOOL PSYCHOLOGY AS PROVIDED IN
   18  SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
   19    2. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES  FROM
   20  THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
   21    (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
   22  TREATMENT,  THERAPY,  OR  PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
   23  HER PROFESSION; OR
   24    (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
   25  SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES  OF  THIS
   26  SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH HUMAN
   27  TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR  OTHER
   28  MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
   29  THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
   30    3.  NOTHING  IN  THIS  ARTICLE  SHALL BE DEEMED TO AUTHORIZE, GRANT OR
   31  EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
   32    S 8725. LIMITED PERMITS.  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
   33  TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
   34  THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
   35    2. LIMITED PERMITS SHALL BE FOR  ONE  YEAR  AND  BE  RENEWED,  AT  THE
   36  DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   37    3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
   38  SEVENTY DOLLARS.
   39    S 8726.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL  BE
   40  CONSTRUED TO:
   41    1.  APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
   42  TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO  PRACTICE  MEDI-
   43  CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
   44  TITLE  OR  BY  ANY  PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN
   45  ASSISTANT WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED  THIRTY-ONE-B
   46  OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
   47  TICE  PSYCHOLOGY  WITHIN  THIS  STATE  PURSUANT  TO  ARTICLE ONE HUNDRED
   48  FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
   49  IZED TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS  STATE
   50  PURSUANT  TO  ARTICLE  ONE  HUNDRED  FIFTY-FOUR OF THIS TITLE, OR BY ANY
   51  PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A  REGIS-
   52  TERED  PROFESSIONAL  NURSE  WITHIN  THIS STATE PURSUANT   TO ARTICLE ONE
   53  HUNDRED THIRTY-NINE OF THIS TITLE, OR BY ANY PERSON LICENSED  OR  OTHER-
   54  WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
   55  LY  THERAPY, CREATIVE   ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE STATE
   56  PURSUANT TO ARTICLE ONE HUNDRED SIXTY-THREE  OF  THIS  TITLE;  PROVIDED,
       A. 3697                             8
    1  HOWEVER,  THAT  NO  PHYSICIAN, PHYSICIAN'S ASSISTANT, REGISTERED PROFES-
    2  SIONAL NURSE, PSYCHOLOGIST, LICENSED CLINICAL  SOCIAL  WORKER,  LICENSED
    3  MENTAL   HEALTH  COUNSELOR,  LICENSED  MARRIAGE  AND  FAMILY  THERAPIST,
    4  LICENSED  CREATIVE  ARTS THERAPIST OR LICENSED PSYCHOANALYST MAY USE THE
    5  TITLE UNLESS LICENSED UNDER THIS ARTICLE;
    6    2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
    7  INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM  COUN-
    8  SELORS  AND  CERTIFIED  SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
    9  HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
   10    3. PROHIBIT OR LIMIT THE  PRACTICE OF A PROFESSION  LICENSED  PURSUANT
   11  TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
   12  SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
   13  MENT;
   14    4.  PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
   15  ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER,  WITHIN  THE
   16  CONTEXT OF HIS OR HER MINISTERIAL  CHARGE OR OBLIGATION;
   17    5.  PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
   18  IZATIONS, OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING  INSTRUCTION,
   19  ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
   20  AND RELATIONAL GROUPS; OR
   21    6.  PROHIBIT  OR  LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
   22  CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE.
   23    S 8727. SPECIAL PROVISIONS. 1. ANY  NONEXEMPT  PERSON  PRACTICING  THE
   24  PROFESSION  OF  SCHOOL  PSYCHOLOGY  SHALL  APPLY  FOR  A LICENSE OF SUCH
   25  PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   26    (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
   27  LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY  MEET  ALTERNATIVE  CRITERIA
   28  DETERMINED  BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
   29  CRITERIA.
   30    (B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR  A  LICENSE  ESTABLISHED
   31  WITHIN  THIS  ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
   32  REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY  HAVING  CERTIF-
   33  ICATION  OR  REGISTRATION STANDARDS ACCEPTABLE TO  THE COMMISSIONER, THE
   34  DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
   35    2. NOTWITHSTANDING THE REQUIREMENTS OF  SECTION  EIGHTY-SEVEN  HUNDRED
   36  TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
   37  YEARS  FROM  THE  EFFECTIVE  DATE  OF THIS ARTICLE, AN INDIVIDUAL MAY BE
   38  LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
   39    (A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
   40  EN HUNDRED TWENTY-THREE OF THIS ARTICLE AND PERFORMED THE  DUTIES  OF  A
   41  SCHOOL  PSYCHOLOGIST  FOR TWO OF THE PAST FIVE YEARS PRIOR TO THE EFFEC-
   42  TIVE DATE OF THIS ARTICLE; OR
   43    (B) PERFORMED THE DUTIES OF A SCHOOL PSYCHOLOGIST FOR  AT  LEAST  FIVE
   44  YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
   45    3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CLAS-
   46  SIFICATIONS  OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS APPROVED
   47  IN ACCORDANCE WITH REGULATIONS  PROMULGATED BY THE  DEPARTMENT,  IN  THE
   48  PRACTICE OF SUCH LICENSED PROFESSION.
   49    S  8.  Paragraph  a  of subdivision 3 of section 6507 of the education
   50  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
   51  as follows:
   52    a. Establish standards for preprofessional and professional education,
   53  experience and licensing examinations as required to implement the arti-
   54  cle for each profession. Notwithstanding any other provision of law, the
   55  commissioner shall establish standards requiring that all persons apply-
   56  ing,  on or after January first, nineteen hundred ninety-one, initially,
       A. 3697                             9
    1  or for the renewal of, a license, registration or limited permit to be a
    2  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    3  trist,   psychiatrist,   psychologist,   LICENSED  SCHOOL  PSYCHOLOGIST,
    4  licensed master social worker, licensed clinical social worker, licensed
    5  creative   arts  therapist,  licensed  marriage  and  family  therapist,
    6  licensed mental health counselor, licensed psychoanalyst, dental hygien-
    7  ist, licensed behavior analyst, or certified behavior analyst  assistant
    8  shall,  in  addition to all the other licensure, certification or permit
    9  requirements, have completed two hours of coursework or training regard-
   10  ing the identification and reporting of child  abuse  and  maltreatment.
   11  The  coursework  or  training  shall  be obtained from an institution or
   12  provider which has been approved  by  the  department  to  provide  such
   13  coursework  or training. The coursework or training shall include infor-
   14  mation regarding the physical and behavioral indicators of  child  abuse
   15  and  maltreatment  and  the  statutory reporting requirements set out in
   16  sections four hundred thirteen through four hundred twenty of the social
   17  services law, including but not limited to, when and how a  report  must
   18  be  made,  what  other actions the reporter is mandated or authorized to
   19  take, the legal protections afforded reporters, and the consequences for
   20  failing to report. Such coursework or training may also include informa-
   21  tion regarding the physical and behavioral indicators of  the  abuse  of
   22  individuals with mental retardation and other developmental disabilities
   23  and  voluntary  reporting of abused or neglected adults to the office of
   24  mental retardation and developmental disabilities  or  the  local  adult
   25  protective  services  unit.  Each applicant shall provide the department
   26  with documentation showing that he or she  has  completed  the  required
   27  training. The department shall provide an exemption from the child abuse
   28  and  maltreatment  training  requirements  to any applicant who requests
   29  such an exemption and who shows, to the department's satisfaction,  that
   30  there  would be no need because of the nature of his or her practice for
   31  him or her to complete such training;
   32    S 9. Paragraph (a) of subdivision 1  of  section  413  of  the  social
   33  services  law, as separately amended by chapters 126 and 205 of the laws
   34  of 2014, is amended to read as follows:
   35    (a) The following persons and officials  are  required  to  report  or
   36  cause  a  report to be made in accordance with this title when they have
   37  reasonable cause to suspect that a child coming  before  them  in  their
   38  professional  or  official capacity is an abused or maltreated child, or
   39  when they have reasonable cause to suspect that a child is an abused  or
   40  maltreated  child  where the parent, guardian, custodian or other person
   41  legally responsible for such child comes before them  in  their  profes-
   42  sional  or  official  capacity and states from personal knowledge facts,
   43  conditions or circumstances which, if correct, would render the child an
   44  abused or maltreated child: any physician; registered physician  assist-
   45  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
   46  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
   47  psychologist;  SCHOOL  PSYCHOLOGIST;  registered  nurse;  social worker;
   48  emergency medical technician; licensed creative arts therapist; licensed
   49  marriage  and  family  therapist;  licensed  mental  health   counselor;
   50  licensed  psychoanalyst;  licensed  behavior analyst; certified behavior
   51  analyst assistant; hospital personnel engaged in the admission, examina-
   52  tion, care or treatment of persons; a  Christian  Science  practitioner;
   53  school  official,  which  includes but is not limited to school teacher,
   54  school guidance counselor, school psychologist,  school  social  worker,
   55  school nurse, school administrator or other school personnel required to
   56  hold  a teaching or administrative license or certificate; full or part-
       A. 3697                            10
    1  time compensated school employee required to hold a  temporary  coaching
    2  license  or  professional  coaching certificate; social services worker;
    3  director of a children's overnight camp, summer day  camp  or  traveling
    4  summer  day  camp, as such camps are defined in section thirteen hundred
    5  ninety-two of the public health law; day care center worker;  school-age
    6  child care worker; provider of family or group family day care; employee
    7  or  volunteer  in  a  residential  care  facility  for  children that is
    8  licensed, certified or operated by the office  of  children  and  family
    9  services;  or  any other child care or foster care worker; mental health
   10  professional;  substance  abuse  counselor;  alcoholism  counselor;  all
   11  persons  credentialed  by  the  office of alcoholism and substance abuse
   12  services; peace officer; police officer; district attorney or  assistant
   13  district  attorney;  investigator  employed  in the office of a district
   14  attorney; or other law enforcement official.
   15    S 10. Section 7602 of the education law, as added by  chapter  987  of
   16  the laws of 1971, is amended to read as follows:
   17    S 7602. State  board  for  psychology.    A state board for psychology
   18  shall be appointed by the board of  regents  on  recommendation  of  the
   19  commissioner  for  the purpose of assisting the board of regents and the
   20  department on matters of professional licensing and professional conduct
   21  in accordance with section sixty-five hundred eight of this title.   The
   22  board  shall be composed of not less than eleven [psychologists licensed
   23  in this state] MEMBERS, A  NUMBER  OF  WHOM  SHALL  BE  LICENSED  SCHOOL
   24  PSYCHOLOGISTS  SUFFICIENT  TO  ASSURE  MEANINGFUL PARTICIPATION IN BOARD
   25  ACTIVITIES.  An executive secretary to the board shall be  appointed  by
   26  the  board  of  regents  upon the recommendation of the commissioner and
   27  shall be a psychologist, licensed in this state.
   28    S 11. Subdivisions 5, 10, 12, 16-a and 16-b of section 400.00  of  the
   29  penal  law,  subdivisions  5, 10 and 12 as amended and subdivisions 16-a
   30  and 16-b as added by chapter 1 of the laws of 2013, paragraph  (a-1)  of
   31  subdivision 16-a as added by chapter 98 of the laws of 2013, are amended
   32  to read as follows:
   33    5.  Filing  of  approved  applications.  [(a)] The application for any
   34  license, if granted, shall be filed by the licensing  officer  with  the
   35  clerk  of  the  county  of issuance, except that in the city of New York
   36  and, in the counties of Nassau and Suffolk, the licensing officer  shall
   37  designate  the  place  of  filing in the appropriate division, bureau or
   38  unit of the police department thereof, and in the county of Suffolk  the
   39  county  clerk  is  hereby authorized to transfer all records or applica-
   40  tions relating to firearms to the licensing authority  of  that  county.
   41  [Except  as  provided in paragraphs (b) through (f) of this subdivision,
   42  the] THE name and address of any person to whom an application  for  any
   43  license  has been granted shall NOT be a public record. Upon application
   44  by a licensee who has changed his place of  residence  such  records  or
   45  applications  shall  be  transferred  to  the appropriate officer at the
   46  licensee's new place of residence. A duplicate copy of such  application
   47  shall  be  filed  by  the licensing officer in the executive department,
   48  division of state police, Albany, within ten days after issuance of  the
   49  license.  The  superintendent  of  state  police may designate that such
   50  application shall be transmitted to the division of state  police  elec-
   51  tronically.  In  the  event  the superintendent of the division of state
   52  police determines that it lacks any of the records required to be  filed
   53  with the division, it may request that such records be provided to it by
   54  the  appropriate  clerk, department or authority and such clerk, depart-
   55  ment or authority shall provide the division with such records.  In  the
   56  event  such clerk, department or authority lacks such records, the divi-
       A. 3697                            11
    1  sion may request the license holder provide  information  sufficient  to
    2  constitute  such  record and such license holder shall provide the divi-
    3  sion with such information. Such information shall  be  limited  to  the
    4  license  holder's name, date of birth, gender,race, residential address,
    5  social security number and firearms possessed by  said  license  holder.
    6  Nothing  in this subdivision shall be construed to change the expiration
    7  date or term of such licenses if otherwise provided for in law. [Records
    8  assembled or collected for purposes of inclusion in the database  estab-
    9  lished  by  this  section  shall  be released pursuant to a court order.
   10  Records assembled or collected for purposes of inclusion in the database
   11  created pursuant to section 400.02 of this chapter shall not be  subject
   12  to disclosure pursuant to article six of the public officers law.
   13    (b)  Each  application for a license pursuant to paragraph (a) of this
   14  subdivision shall include, on a separate written form  prepared  by  the
   15  division of state police within thirty days of the effective date of the
   16  chapter  of  the  laws  of  two  thousand  thirteen,  which amended this
   17  section, and provided to the applicant at the same time and in the  same
   18  manner  as  the application for a license, an opportunity for the appli-
   19  cant to request an exception from his  or  her  application  information
   20  becoming  public  record  pursuant to paragraph (a) of this subdivision.
   21  Such forms, which shall also be made available to  individuals  who  had
   22  applied for or been granted a license prior to the effective date of the
   23  chapter of the laws of two thousand thirteen which amended this section,
   24  shall notify applicants that, upon discovery that an applicant knowingly
   25  provided  false  information, such applicant may be subject to penalties
   26  pursuant to section 175.30 of this chapter, and further, that his or her
   27  request for an exception shall be null and void, provided  that  written
   28  notice  containing  such  determination  is  provided  to the applicant.
   29  Further, such forms shall provide each applicant an opportunity to spec-
   30  ify the grounds on which he or  she  believes  his  or  her  application
   31  information should not be publicly disclosed. These grounds, which shall
   32  be identified on the application with a box beside each for checking, as
   33  applicable, by the applicant, shall be as follows:
   34    (i)  the  applicant's  life  or safety may be endangered by disclosure
   35  because:
   36    (A) the applicant is an active or retired police officer, peace  offi-
   37  cer, probation officer, parole officer, or corrections officer;
   38    (B)  the applicant is a protected person under a currently valid order
   39  of protection;
   40    (C) the applicant is or was a witness in a criminal proceeding involv-
   41  ing a criminal charge;
   42    (D) the applicant is participating or  previously  participated  as  a
   43  juror  in  a criminal proceeding, or is or was a member of a grand jury;
   44  or
   45    (E) the applicant is a spouse, domestic partner or household member of
   46  a person identified in this subparagraph or subparagraph  (ii)  of  this
   47  paragraph,  specifying  which  subparagraph or subparagraphs and clauses
   48  apply.
   49    (ii) the applicant has reason to believe his or her life or safety may
   50  be endangered by disclosure due to reasons stated by the applicant.
   51    (iii) the applicant has reason to believe he or she may be subject  to
   52  unwarranted harassment upon disclosure of such information.
   53    (c)  Each  form provided for recertification pursuant to paragraph (b)
   54  of subdivision ten of this section shall include an opportunity for  the
   55  applicant  to request an exception from the information provided on such
   56  form becoming public record pursuant to paragraph (a) of  this  subdivi-
       A. 3697                            12
    1  sion.  Such  forms  shall notify applicants that, upon discovery that an
    2  applicant knowingly provided false information, such  applicant  may  be
    3  subject  to  penalties  pursuant  to section 175.30 of this chapter, and
    4  further,  that  his  or  her  request for an exception shall be null and
    5  void, provided that written  notice  containing  such  determination  is
    6  provided to the applicant. Further, such forms shall provide each appli-
    7  cant  an opportunity to either decline to request the grant or continua-
    8  tion of an exception, or specify the grounds on which he or she believes
    9  his or her information should not be publicly disclosed. These  grounds,
   10  which  shall be identified in the application with a box beside each for
   11  checking, as applicable, by the applicant, shall be the same as provided
   12  in paragraph (b) of this subdivision.
   13    (d) Information submitted on the forms described in paragraph  (b)  of
   14  this subdivision shall be excepted from disclosure and maintained by the
   15  entity  retaining  such  information  separate  and apart from all other
   16  records.
   17    (e) (i) Upon receiving a request for exception  from  disclosure,  the
   18  licensing  officer  shall  grant  such  exception, unless the request is
   19  determined to be null and void, pursuant to paragraph (b) or (c) of this
   20  subdivision.
   21    (ii) A request for an exception from disclosure may  be  submitted  at
   22  any time, including after a license or recertification has been granted.
   23    (iii)  If an exception is sought and granted pursuant to paragraph (b)
   24  of this subdivision, the application information  shall  not  be  public
   25  record,  unless  the  request  is  determined to be null and void. If an
   26  exception is sought and granted pursuant to paragraph (c) of this subdi-
   27  vision, the  information  concerning  such  recertification  application
   28  shall  not be public record, unless the request is determined to be null
   29  and void.
   30    (f) The information of licensees or applicants for a license shall not
   31  be disclosed to the public during the  first  one  hundred  twenty  days
   32  following  the effective date of the chapter of the laws of two thousand
   33  thirteen, which amended this section. After such period, the information
   34  of those who had applied for or been granted  a  license  prior  to  the
   35  preparation  of  the form for requesting an exception, pursuant to para-
   36  graph (b) of this subdivision, may be released only if such  individuals
   37  did not file a request for such an exception during the first sixty days
   38  following  such  preparation;  provided,  however,  that  no information
   39  contained in an application for licensure or  recertification  shall  be
   40  disclosed  by  an  entity  that  has  not  completed processing any such
   41  requests received during such sixty days.
   42    (g) If a request for an exception is determined to be  null  and  void
   43  pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
   44  request review of such determination pursuant to  article  seventy-eight
   45  of  the  civil  practice  laws  and rules. Such proceeding must commence
   46  within thirty days after service of the written  notice  containing  the
   47  adverse  determination. Notice of the right to commence such a petition,
   48  and the time period therefor, shall be included in  the  notice  of  the
   49  determination.  Disclosure  following  such a petition shall not be made
   50  prior to the disposition of such review.]
   51    10. License: expiration, certification and renewal. [(a)] Any  license
   52  for  gunsmith  or  dealer  in firearms and, in the city of New York, any
   53  license to carry or possess a pistol or revolver,  issued  at  any  time
   54  pursuant  to  this  section  or prior to the first day of July, nineteen
   55  hundred sixty-three and not limited to expire on an earlier  date  fixed
   56  in the license, shall expire not more than three years after the date of
       A. 3697                            13
    1  issuance.  In  the  counties  of  Nassau,  Suffolk  and Westchester, any
    2  license to carry or possess a pistol or revolver,  issued  at  any  time
    3  pursuant  to  this  section  or prior to the first day of July, nineteen
    4  hundred  sixty-three  and not limited to expire on an earlier date fixed
    5  in the license, shall expire not more than five years after the date  of
    6  issuance;  however, in the county of Westchester, any such license shall
    7  be certified prior to the first day of April, two thousand,  in  accord-
    8  ance  with  a schedule to be contained in regulations promulgated by the
    9  commissioner of the division of criminal  justice  services,  and  every
   10  such  license  shall  be  recertified  every  five years thereafter. For
   11  purposes of this section certification  shall  mean  that  the  licensee
   12  shall  provide  to the licensing officer the following information only:
   13  current name, date of birth, current address, and the make, model, cali-
   14  ber and serial number of all firearms currently possessed. Such  certif-
   15  ication  information shall be filed by the licensing officer in the same
   16  manner as an amendment. Elsewhere than in the city of New York  and  the
   17  counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
   18  possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
   19  section  or prior to the first day of July, nineteen hundred sixty-three
   20  and not previously revoked or cancelled, shall be in  force  and  effect
   21  until  revoked  as herein provided. Any license not previously cancelled
   22  or revoked shall remain in full force and effect for thirty days  beyond
   23  the  stated  expiration date on such license. Any application to renew a
   24  license that has not previously expired, been revoked or cancelled shall
   25  thereby extend the term of the license until disposition of the applica-
   26  tion by the licensing officer. In the case of a license for gunsmith  or
   27  dealer  in  firearms,  in  counties having a population of less than two
   28  hundred thousand inhabitants,  photographs  and  fingerprints  shall  be
   29  submitted  on  original applications and upon renewal thereafter only at
   30  six year intervals. Upon  satisfactory  proof  that  a  currently  valid
   31  original  license has been despoiled, lost or otherwise removed from the
   32  possession of the licensee and upon application containing an additional
   33  photograph of the licensee, the licensing officer shall issue  a  dupli-
   34  cate license.
   35    [(b)  All  licensees  shall  be  recertified  to the division of state
   36  police every five years thereafter. Any license issued before the effec-
   37  tive date of the chapter of the laws  of  two  thousand  thirteen  which
   38  added  this  paragraph shall be recertified by the licensee on or before
   39  January thirty-first, two thousand eighteen, and not less than one  year
   40  prior  to such date, the state police shall send a notice to all license
   41  holders who have not recertified  by  such  time.  Such  recertification
   42  shall  be  in  a form as approved by the superintendent of state police,
   43  which shall request the license holder's name, date  of  birth,  gender,
   44  race, residential address, social security number, firearms possessed by
   45  such  license  holder, email address at the option of the license holder
   46  and an affirmation that such  license  holder  is  not  prohibited  from
   47  possessing  firearms. The form may be in an electronic form if so desig-
   48  nated by the superintendent of state police. Failure to recertify  shall
   49  act  as  a  revocation  of  such  license.  If the New York state police
   50  discover as a result of the  recertification  process  that  a  licensee
   51  failed  to  provide a change of address, the New York state police shall
   52  not require the licensing officer to revoke such license.]
   53    12. Records required of gunsmiths and dealers in firearms. Any  person
   54  licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
   55  approved as to form, except in the city of New York, by the  superinten-
   56  dent of state police. In the record book shall be entered at the time of
       A. 3697                            14
    1  every  transaction  involving  a firearm the date, name, age, occupation
    2  and residence of any person from whom a firearm is received or to whom a
    3  firearm is delivered, and the calibre, make, model, manufacturer's  name
    4  and  serial number, or if none, any other distinguishing number or iden-
    5  tification mark on such firearm. Before  delivering  a  firearm  to  any
    6  person, the licensee shall require him to produce either a license valid
    7  under  this  section  to  carry  or possess the same, or proof of lawful
    8  authority as an exempt person pursuant to section 265.20.  In  addition,
    9  before delivering a firearm to a peace officer, the licensee shall veri-
   10  fy  that  person's  status as a peace officer with the division of state
   11  police. After completing the foregoing, the licensee  shall  remove  and
   12  retain the attached coupon and enter in the record book the date of such
   13  license,  number, if any, and name of the licensing officer, in the case
   14  of the holder of a license to carry or possess, or the shield  or  other
   15  number,  if  any, assignment and department, unit or agency, in the case
   16  of an exempt person. The original transaction report shall be  forwarded
   17  to  the division of state police within ten days of delivering a firearm
   18  to any person, and a duplicate copy shall be kept by the  licensee.  The
   19  superintendent  of  state police may designate that such record shall be
   20  completed and transmitted in electronic form. A dealer may be granted  a
   21  waiver  from  transmitting such records in electronic form if the super-
   22  intendent determines that such dealer is incapable of such  transmission
   23  due  to  technological  limitations  that  are not reasonably within the
   24  control of the dealer, or other exceptional  circumstances  demonstrated
   25  by  the  dealer, pursuant to a process established in regulation, and at
   26  the discretion of the superintendent. [Records  assembled  or  collected
   27  for  purposes  of  inclusion in the database created pursuant to section
   28  400.02 of this article shall not be subject to  disclosure  pursuant  to
   29  article  six of the public officers law.] The record book shall be main-
   30  tained on the premises mentioned and described in the license and  shall
   31  be  open  at  all  reasonable hours for inspection by any peace officer,
   32  acting pursuant to his special duties, or police officer. In  the  event
   33  of  cancellation  or revocation of the license for gunsmith or dealer in
   34  firearms, or discontinuance of business by a licensee, such record  book
   35  shall be immediately surrendered to the licensing officer in the city of
   36  New  York,  and  in the counties of Nassau and Suffolk, and elsewhere in
   37  the state to the executive department, division of state police.
   38    16-a. [Registration. (a) An owner of a weapon defined in paragraph (e)
   39  or (f) of subdivision twenty-two of  section  265.00  of  this  chapter,
   40  possessed  before  the  date of the effective date of the chapter of the
   41  laws of two thousand thirteen which added this paragraph, must  make  an
   42  application  to  register  such  weapon with the superintendent of state
   43  police, in the manner provided by the superintendent, or by  amending  a
   44  license issued pursuant to this section within one year of the effective
   45  date  of  this  subdivision except any weapon defined under subparagraph
   46  (vi) of paragraph (g) of subdivision twenty-two  of  section  265.00  of
   47  this  chapter  transferred into the state may be registered at any time,
   48  provided such weapons are registered within thirty days of their  trans-
   49  fer  into  the  state. Registration information shall include the regis-
   50  trant's name, date of birth, gender, race, residential  address,  social
   51  security  number  and  a  description of each weapon being registered. A
   52  registration of any weapon defined under subparagraph (vi) of  paragraph
   53  (g)  of  subdivision twenty-two of section 265.00 or a feeding device as
   54  defined under subdivision twenty-three of section 265.00 of this chapter
   55  shall be transferable, provided  that  the  seller  notifies  the  state
   56  police  within  seventy-two hours of the transfer and the buyer provides
       A. 3697                            15
    1  the state police with information sufficient to constitute  a  registra-
    2  tion  under  this  section. Such registration shall not be valid if such
    3  registrant is prohibited or becomes prohibited from possessing a firearm
    4  pursuant  to  state  or  federal law. The superintendent shall determine
    5  whether such registrant is prohibited from possessing  a  firearm  under
    6  state or federal law. Such check shall be limited to determining whether
    7  the  factors  in  18  USC 922 (g) apply or whether a registrant has been
    8  convicted of a serious offense as defined in  subdivision  sixteen-b  of
    9  section  265.00  of this chapter, so as to prohibit such registrant from
   10  possessing a firearm, and whether a report has been issued  pursuant  to
   11  section  9.46 of the mental hygiene law. All registrants shall recertify
   12  to the division of state police every five years thereafter. Failure  to
   13  recertify shall result in a revocation of such registration.
   14    (a-1)  Notwithstanding any inconsistent provisions of paragraph (a) of
   15  this subdivision, an owner of an assault weapon as defined  in  subdivi-
   16  sion  twenty-two  of  section 265.00 of this chapter, who is a qualified
   17  retired New York or federal law enforcement officer as defined in subdi-
   18  vision twenty-five of section 265.00 of this chapter, where such  weapon
   19  was  issued  to  or purchased by such officer prior to retirement and in
   20  the course of his or her official duties, and for which such officer was
   21  qualified by the agency that employed such officer within twelve  months
   22  prior  to  his or her retirement, must register such weapon within sixty
   23  days of retirement.
   24    (b) The superintendent of state police shall create  and  maintain  an
   25  internet  website to educate the public as to which semiautomatic rifle,
   26  semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
   27  as a result of the enactment of the chapter of the laws of two  thousand
   28  thirteen  which  added  this  paragraph, as well as such assault weapons
   29  which are illegal pursuant to article two  hundred  sixty-five  of  this
   30  chapter.  Such website shall contain information to assist the public in
   31  recognizing the relevant features proscribed by such article two hundred
   32  sixty-five, as well as which make and  model  of  weapons  that  require
   33  registration.
   34    (c)  A person who knowingly fails to apply to register such weapon, as
   35  required by this section, within one year of the effective date  of  the
   36  chapter  of the laws of two thousand thirteen which added this paragraph
   37  shall be guilty of a class A misdemeanor and such person who unknowingly
   38  fails to validly register such weapon within such one year period  shall
   39  be  given  a  warning  by an appropriate law enforcement authority about
   40  such failure and given thirty days in which to apply  to  register  such
   41  weapon  or  to surrender it. A failure to apply or surrender such weapon
   42  within such thirty-day period shall result in such weapon being  removed
   43  by an appropriate law enforcement authority and declared a nuisance.
   44    16-b.] The cost of the software, programming and interface required to
   45  transmit any record that must be electronically transmitted by the deal-
   46  er or licensing officer to the division of state police pursuant to this
   47  chapter shall be borne by the state.
   48    S 12. Subdivision 24 of section 265.00 of the penal law is REPEALED.
   49    S 13. Paragraph 3 of subdivision a of section 265.20 of the penal law,
   50  as  amended  by  chapter  1  of  the laws of 2013, is amended to read as
   51  follows:
   52    3. Possession of a pistol or revolver by a person to  whom  a  license
   53  therefor  has  been issued as provided under section 400.00 or 400.01 of
   54  this chapter [or possession of a weapon as defined in paragraph  (e)  or
   55  (f) of subdivision twenty-two of section 265.00 of this article which is
   56  registered pursuant to paragraph (a) of subdivision sixteen-a of section
       A. 3697                            16
    1  400.00  of  this  chapter  or  is  included on an amended license issued
    2  pursuant to section 400.00 of this chapter. In the event such license is
    3  revoked, other than because such licensee  is  no  longer  permitted  to
    4  possess a firearm, rifle or shotgun under federal or state law, informa-
    5  tion  sufficient to satisfy the requirements of subdivision sixteen-a of
    6  section 400.00 of this chapter, shall be transmitted  by  the  licensing
    7  officer  to the state police, in a form as determined by the superinten-
    8  dent of state police. Such transmission shall constitute a valid  regis-
    9  tration  under such section. Further provided, notwithstanding any other
   10  section of this title, a failure to register such weapon by an  individ-
   11  ual who possesses such weapon before the enactment of the chapter of the
   12  laws  of  two  thousand thirteen which amended this paragraph and may so
   13  lawfully possess it thereafter upon registration, shall only be  subject
   14  to  punishment  pursuant  to  paragraph  (c) of subdivision sixteen-a of
   15  section 400.00 of this chapter];  provided,  that  such  a  license  [or
   16  registration] shall not preclude a conviction for the offense defined in
   17  [subdivision  three  of  section  265.01  of  this  article  or] section
   18  265.01-a of this article.
   19    S 14. Section 400.10 of the penal law, as amended by chapter 1 of  the
   20  laws of 2013, is amended to read as follows:
   21  S 400.10 Report of theft or loss of a firearm, rifle or shotgun.
   22    1.  (a)  Any  owner or other person lawfully in possession of[: (i)] a
   23  firearm, rifle or, shotgun who suffers the loss or theft of  said  weap-
   24  on[;  (ii) ammunition as well as a firearm, rifle or shotgun who suffers
   25  the loss or theft of such ammunition as well  as  a  firearm,  rifle  or
   26  shotgun;  or  (iii)  ammunition and is a dealer in firearms or seller of
   27  ammunition who suffers the loss or theft of such ammunition] shall with-
   28  in twenty-four hours of the discovery of the loss or  theft  report  the
   29  facts  and  circumstances of the loss or theft to a police department or
   30  sheriff's office.
   31    (b) Whenever a person reports the theft or loss of a firearm, rifle[,]
   32  OR shotgun [or ammunition] to any police department or sheriff's office,
   33  the officer or department receiving such report shall forward notice  of
   34  such  theft  or  loss  to  the division of state police via the New York
   35  Statewide Police Information Network. The notice shall contain  informa-
   36  tion  in  compliance  with  the  New  York  Statewide Police Information
   37  Network Operating Manual, including the caliber, make,  model,  manufac-
   38  turer's  name  and  serial  number, if any, and any other distinguishing
   39  number or identification mark on the weapon.
   40    2. The division of state police shall receive, collect  and  file  the
   41  information referred to in subdivision one of this section. The division
   42  shall  cooperate,  and  undertake  to  furnish  or make available to law
   43  enforcement agencies this information, for the purpose  of  coordinating
   44  law enforcement efforts to locate such weapons.
   45    3.  Notwithstanding  any  other provision of law, a violation of para-
   46  graph (a) of subdivision one of this section shall be a class  A  misde-
   47  meanor.
   48    S  15.  Subdivision  (b) of section 9.46 of the mental hygiene law, as
   49  added by chapter 1 of the laws of 2013, is amended to read as follows:
   50    (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
   51  health  professional  currently providing treatment services to a person
   52  determines, in the exercise of reasonable  professional  judgment,  that
   53  such  person is likely to engage in conduct that would result in serious
   54  harm to self or others, he or she shall be required to report,  as  soon
   55  as practicable, to the director of community services, or the director's
   56  designee,  who shall report to the division of criminal justice services
       A. 3697                            17
    1  whenever he or she agrees that the person is likely to  engage  in  such
    2  conduct.  Information  transmitted  to  the division of criminal justice
    3  services shall be limited to names and  other  non-clinical  identifying
    4  information  WHICH  SHALL INCLUDE AT LEAST TWO OF THE FOLLOWING:  BIRTH-
    5  DATE, SOCIAL SECURITY NUMBER OR CURRENT ADDRESS, which may only be  used
    6  for  determining  whether a license issued pursuant to section 400.00 of
    7  the penal law should be suspended or revoked, or for determining whether
    8  a person is ineligible for a license issued pursuant to  section  400.00
    9  of  the  penal law, or is no longer permitted under state or federal law
   10  to possess a firearm.
   11    S 16. Subdivision 19 of section 837 of the executive law, as added  by
   12  chapter 1 of the laws of 2013, is amended to read as follows:
   13    19.  Receive  names  and  other  non-clinical identifying information,
   14  WHICH SHALL INCLUDE AT LEAST TWO OF THE FOLLOWING:    BIRTHDATE,  SOCIAL
   15  SECURITY  NUMBER  OR  CURRENT  ADDRESS,  pursuant to section 9.46 of the
   16  mental hygiene law; provided, however, any  such  information  shall  be
   17  destroyed  five  years  after  such receipt, or pursuant to a proceeding
   18  brought under article seventy-eight of the civil practice law and  rules
   19  determining  that  an  individual  is eligible for a license pursuant to
   20  section 400.00 of the penal law and otherwise  permitted  to  possess  a
   21  firearm.
   22    S  17.  Paragraphs  (b) and (c) of subdivision 11 of section 400.00 of
   23  the penal law, as added by chapter 1 of the laws of 2013, are amended to
   24  read as follows:
   25    (b) Whenever the director of community services or his or her designee
   26  makes a report pursuant to section 9.46 of the mental hygiene  law,  the
   27  division  of  criminal  justice services shall [convey such information,
   28  whenever it determines that] DETERMINE WHETHER the person named  in  the
   29  report  possesses  a  license  issued pursuant to this section[, to]. IT
   30  SHALL BE THE RESPONSIBILITY OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
   31  TO CONFIRM THAT THE PERSON NAMED IN THE REPORT IS  THE  SAME  PERSON  TO
   32  WHOM  SUCH LICENSE HAS BEEN ISSUED. AFTER SUCH CONFIRMATION IS MADE, THE
   33  DIVISION SHALL NOTIFY the appropriate licensing [official] OFFICER,  who
   34  shall  issue an order suspending or revoking such license.  THE LICENSEE
   35  SHALL HAVE THE RIGHT TO A HEARING BEFORE THE LICENSING OFFICER REGARDING
   36  ANY REVOCATION, SUSPENSION, INELIGIBILITY OR SURRENDER ORDERED  PURSUANT
   37  TO  THIS  SUBDIVISION AND WHERE SUCH A HEARING IS REQUESTED, IT SHALL BE
   38  COMMENCED WITHIN FOURTEEN DAYS OF THE DATE SUCH REVOCATION,  SUSPENSION,
   39  INELIGIBILITY OR SURRENDER IS ORDERED.
   40    (c)  In  any  instance  in  which  a  person's license is suspended or
   41  revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
   42  shall  surrender  such  license  to the appropriate licensing [official]
   43  OFFICER and any and all firearms, rifles, or shotguns owned or possessed
   44  by such person shall be surrendered to an  appropriate  law  enforcement
   45  agency as provided in subparagraph (f) of paragraph one of subdivision a
   46  of  section  265.20 of this chapter. In the event such license, firearm,
   47  shotgun, or rifle is not surrendered, such items shall be  removed  [and
   48  declared  a  nuisance]  and  any  police officer or peace officer acting
   49  pursuant to his or her special duties is authorized to  remove  any  and
   50  all such weapons.
   51    S 18. This act shall take effect immediately; provided that:  sections
   52  seven,  eight,  nine  and  ten  of this act shall take effect January 1,
   53  2016, provided further that the department of education is authorized to
   54  promulgate any and all rules and regulations and take any other  measure
   55  necessary  to  implement  such  provisions  on or before their effective
   56  date, including, but not limited to, the appointment of the state  board
       A. 3697                            18
    1  of  psychology, the acceptance and processing of applications for licen-
    2  sure and the issuance of licenses; provided further that the  provisions
    3  of article 166-A of the education law, as added by section seven of this
    4  act,  requiring a license or limited permit to practice under such arti-
    5  cle shall not be enforced until January 1, 2017.