S T A T E O F N E W Y O R K
________________________________________________________________________
8159
2013-2014 Regular Sessions
I N A S S E M B L Y
August 30, 2013
___________
Introduced by M. of A. CORWIN -- 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;
13 (vi) a flash suppressor, muzzle break, muzzle compensator, or threaded
14 barrel designed to accommodate a flash suppressor, muzzle break, or
15 muzzle compensator;
16 (vii) a grenade launcher; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11362-01-3
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1 (b) a semiautomatic shotgun that has at least one of the following
2 characteristics:
3 (i) a folding or telescoping stock;
4 (ii) a thumbhole stock;
5 (iii) a second handgrip or a protruding grip that can be held by the
6 non-trigger hand;
7 (iv) a fixed magazine capacity in excess of seven rounds;
8 (v) an ability to accept a detachable magazine; or
9 (c) a semiautomatic pistol that has an ability to accept a detachable
10 magazine and has at least one of the following characteristics:
11 (i) a folding or telescoping stock;
12 (ii) a thumbhole stock;
13 (iii) a second handgrip or a protruding grip that can be held by the
14 non-trigger hand;
15 (iv) capacity to accept an ammunition magazine that attaches to the
16 pistol outside of the pistol grip;
17 (v) a threaded barrel capable of accepting a barrel extender, flash
18 suppressor, forward handgrip, or silencer;
19 (vi) a shroud that is attached to, or partially or completely encir-
20 cles, the barrel and that permits the shooter to hold the firearm with
21 the non-trigger hand without being burned;
22 (vii) a manufactured weight of fifty ounces or more when the pistol is
23 unloaded; or
24 (viii) a semiautomatic version of an automatic rifle, shotgun or
25 firearm;
26 (d) a revolving cylinder shotgun;
27 (e) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
28 pistol or weapon defined in subparagraph (v) of paragraph (e) of subdi-
29 vision twenty-two of section 265.00 of this chapter as added by chapter
30 one hundred eighty-nine of the laws of two thousand and otherwise
31 lawfully possessed pursuant to such chapter of the laws of two thousand
32 prior to September fourteenth, nineteen hundred ninety-four;
33 (f) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
34 pistol or weapon defined in paragraph (a), (b) or (c) of this subdivi-
35 sion, possessed prior to the date of enactment of the chapter of the
36 laws of two thousand thirteen which added this paragraph;
37 (g) provided, however, that such term does not include:
38 (i) any rifle, shotgun or pistol that (A) is manually operated by
39 bolt, pump, lever or slide action; (B) has been rendered permanently
40 inoperable; or (C) is an antique firearm as defined in 18 U.S.C.
41 921(a)(16);
42 (ii) a semiautomatic rifle that cannot accept a detachable magazine
43 that holds more than five rounds of ammunition;
44 (iii) a semiautomatic shotgun that cannot hold more than five rounds
45 of ammunition in a fixed or detachable magazine; or
46 (iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
47 specified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured
48 on October first, nineteen hundred ninety-three. The mere fact that a
49 weapon is not listed in Appendix A shall not be construed to mean that
50 such weapon is an assault weapon;
51 (v) any weapon validly registered pursuant to subdivision sixteen-a of
52 section 400.00 of this chapter. Such weapons shall be subject to the
53 provisions of paragraph (h) of this subdivision;
54 (vi) any firearm, rifle, or shotgun that was manufactured at least
55 fifty years prior to the current date, but not including replicas there-
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1 of that is validly registered pursuant to subdivision sixteen-a of
2 section 400.00 of this chapter;
3 (h) Any weapon defined in paragraph (e) or (f) of this subdivision and
4 any large capacity ammunition feeding device that was legally possessed
5 by an individual prior to the enactment of the chapter of the laws of
6 two thousand thirteen which added this paragraph, may only be sold to,
7 exchanged with or disposed of to a purchaser authorized to possess such
8 weapons or to an individual or entity outside of the state provided that
9 any such transfer to an individual or entity outside of the state must
10 be reported to the entity wherein the weapon is registered within seven-
11 ty-two hours of such transfer. An individual who transfers any such
12 weapon or large capacity ammunition device to an individual inside New
13 York state or without complying with the provisions of this paragraph
14 shall be guilty of a class A misdemeanor unless such large capacity
15 ammunition feeding device, the possession of which is made illegal by
16 the chapter of the laws of two thousand thirteen which added this para-
17 graph, is transferred within one year of the effective date of the chap-
18 ter of the laws of two thousand thirteen which added this paragraph.]
19 (A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
20 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
21 (I) A FOLDING OR TELESCOPING STOCK;
22 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
23 THE WEAPON;
24 (III) A BAYONET MOUNT;
25 (IV) A FLASH SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A
26 FLASH SUPPRESSOR;
27 (V) A GRENADE LAUNCHER; OR
28 (B) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST TWO OF THE FOLLOWING
29 CHARACTERISTICS:
30 (I) A FOLDING OR TELESCOPING STOCK;
31 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
32 THE WEAPON;
33 (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
34 (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
35 (C) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
36 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
37 (I) AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE
38 PISTOL GRIP;
39 (II) A THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
40 SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
41 (III) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
42 CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
43 THE NONTRIGGER HAND WITHOUT BEING BURNED;
44 (IV) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
45 UNLOADED;
46 (V) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
47 OR
48 (D) ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH
49 WEAPONS, OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
50 AS:
51 (I) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
52 MODELS);
53 (II) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
54 (III) BERETTA AR70 (SC-70);
55 (IV) COLT AR-15;
56 (V) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
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1 (VI) SWD M-10, M-11, M-11/9, AND M-12;
2 (VII) STEYR AUG;
3 (VIII) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
4 (IX) REVOLVING CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR TO) THE STREET
5 SWEEPER AND STRIKER 12;
6 (E) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
7 (I) ANY RIFLE, SHOTGUN OR PISTOL THAT (A) IS MANUALLY OPERATED BY
8 BOLT, PUMP, LEVER OR SLIDE ACTION; (B) HAS BEEN RENDERED PERMANENTLY
9 INOPERABLE; OR (C) IS AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921 (A)
10 (16);
11 (II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
12 THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
13 (III) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
14 OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
15 (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE THEREOF,
16 SPECIFIED IN APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
17 MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE
18 FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
19 MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
20 (V) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
21 PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH (D) OF THIS SUBDIVI-
22 SION LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED
23 NINETY-FOUR.
24 S 2. Subdivision 23 of section 265.00 of the penal law, as amended by
25 chapter 1 of the laws of 2013, is amended to read as follows:
26 23. "Large capacity ammunition feeding device" means a magazine, belt,
27 drum, feed strip, or similar device, MANUFACTURED AFTER SEPTEMBER THIR-
28 TEENTH, NINETEEN HUNDRED NINETY-FOUR, that [(a)] has a capacity of, or
29 that can be readily restored or converted to accept, more than ten
30 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
31 tion, or (c) is obtained after the effective date of the chapter of the
32 laws of two thousand thirteen which amended this subdivision and has a
33 capacity of, or that can be readily restored or converted to accept,
34 more than seven rounds of ammunition]; provided, however, that such term
35 does not include an attached tubular device designed to accept, and
36 capable of operating only with, .22 caliber rimfire ammunition [or a
37 feeding device that is a curio or relic. A feeding device that is a
38 curio or relic is defined as a device that (i) was manufactured at least
39 fifty years prior to the current date, (ii) is only capable of being
40 used exclusively in a firearm, rifle, or shotgun that was manufactured
41 at least fifty years prior to the current date, but not including repli-
42 cas thereof, (iii) is possessed by an individual who is not prohibited
43 by state or federal law from possessing a firearm and (iv) is registered
44 with the division of state police pursuant to subdivision sixteen-a of
45 section 400.00 of this chapter, except such feeding devices transferred
46 into the state may be registered at any time, provided they are regis-
47 tered within thirty days of their transfer into the state. Notwithstand-
48 ing paragraph (h) of subdivision twenty-two of this section, such feed-
49 ing devices may be transferred provided that such transfer shall be
50 subject to the provisions of section 400.03 of this chapter including
51 the check required to be conducted pursuant to such section].
52 S 3. Sections 265.01-b, 265.36, 265.37, 400.02 and 400.03 of the penal
53 law are REPEALED.
54 S 4. Subdivision 8 of section 265.02 of the penal law, as amended by
55 chapter 1 of the laws of 2013, is amended to read as follows:
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1 (8) Such person possesses a large capacity ammunition feeding device[.
2 For purposes of this subdivision, a large capacity ammunition feeding
3 device shall not include an ammunition feeding device lawfully possessed
4 by such person before the effective date of the chapter of the laws of
5 two thousand thirteen which amended this subdivision, that has a capaci-
6 ty of, or that can be readily restored or converted to accept more than
7 seven but less than eleven rounds of ammunition, or that was manufac-
8 tured before September thirteenth, nineteen hundred ninety-four, that
9 has a capacity of, or that can be readily restored or converted to
10 accept, more than ten rounds of ammunition]; or
11 S 5. Subdivision 6 of section 186-f of the tax law is amended by
12 adding a new paragraph (g) to read as follows:
13 (G) UP TO THE SUM OF THIRTY MILLION DOLLARS ANNUALLY MAY BE USED FOR
14 THE PROVISION OF GRANTS OR REIMBURSEMENTS TO SCHOOL DISTRICTS DESIGNATED
15 AS HIGH NEED AND AVERAGE NEED FOR THE COSTS RELATED TO THE HIRING OF
16 SCHOOL RESOURCE OFFICERS, TO BE DISTRIBUTED PURSUANT TO STANDARDS AND
17 GUIDELINES ISSUED BY THE STATE. FOR THE PURPOSES OF THIS SUBDIVISION,
18 HIGH NEED AND AVERAGE NEED SCHOOL DISTRICTS ARE THOSE DISTRICTS DESIG-
19 NATED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF
20 SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW.
21 S 6. Section 2509 of the surrogate's court procedure act is REPEALED.
22 S 7. The education law is amended by adding a new article 167 to read
23 as follows:
24 ARTICLE 167
25 SCHOOL PSYCHOLOGY
26 SECTION 8720. INTRODUCTION.
27 8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
28 PSYCHOLOGIST".
29 8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
30 8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
31 8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
32 8725. LIMITED PERMITS.
33 8726. EXEMPTIONS.
34 8727. SPECIAL PROVISIONS.
35 S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
36 TICE OF SCHOOL PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED SCHOOL
37 PSYCHOLOGIST". THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
38 ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
39 S 8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
40 PSYCHOLOGIST". ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE
41 SHALL PRACTICE SCHOOL PSYCHOLOGY OR USE THE TITLE "LICENSED SCHOOL
42 PSYCHOLOGIST".
43 S 8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE PRACTICE
44 OF SCHOOL PSYCHOLOGY IS:
45 1. THE ASSESSMENT, INCLUDING PSYCHO-EDUCATIONAL, DEVELOPMENTAL AND
46 VOCATIONAL ASSESSMENT, EVALUATION AND INTERPRETATION OF INTELLIGENCE,
47 COGNITIVE PROCESSES, APTITUDES, INTERESTS, ACADEMIC ACHIEVEMENT,
48 ADJUSTMENT, PERSONALITY FACTORS AND MOTIVATIONS, OR ANY OTHER ATTRI-
49 BUTES, IN INDIVIDUALS OR GROUPS, THAT RELATE TO LEARNING, EDUCATION OR
50 ADJUSTMENT NEEDS;
51 2. THE DEVELOPMENT AND IMPLEMENTATION OF EDUCATIONALLY-RELATED
52 PSYCHOTHERAPEUTIC AND BEHAVIORAL APPROACHES TO INCREASE SCHOOL ADJUST-
53 MENT AND ACADEMIC SUCCESS, COUNSELING AND INTERPRETIVE SERVICES TO
54 REDUCE EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO, VERBAL
55 INTERACTION, INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND VOCA-
56 TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
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1 3. CONSULTATION WITH REPRESENTATIVES OF SCHOOLS, AGENCIES AND ORGAN-
2 IZATIONS, FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL, DEVEL-
3 OPMENTAL AND VOCATIONAL ASSISTANCE OR DIRECT EDUCATIONAL SERVICES,
4 RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO THOSE PROBLEMS; AND
5 4. THE DEVELOPMENT OF PROGRAMMING, INCLUDING DESIGNING, IMPLEMENTING
6 OR EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING ENVIRON-
7 MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
8 UALS, FAMILIES OR GROUPS.
9 S 8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
10 LICENSE AS A LICENSED SCHOOL PSYCHOLOGIST, AN APPLICANT SHALL FULFILL
11 THE FOLLOWING REQUIREMENTS:
12 1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
13 2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
14 THE REQUIREMENTS OF A MASTER'S OR DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY
15 FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR DETERMINED BY THE
16 DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT IN ACCORDANCE WITH THE
17 COMMISSIONER'S REGULATIONS. THE GRADUATE COURSEWORK SHALL INCLUDE, BUT
18 NOT BE LIMITED TO, THE FOLLOWING AREAS:
19 (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
20 (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
21 (III) ASSESSMENT AND APPRAISAL OF LEARNERS IN HOME AND SCHOOL
22 CONTEXTS;
23 (IV) CONSULTATION AND COLLABORATION IN FAMILY, SCHOOL AND COMMUNITY
24 SYSTEMS;
25 (V) EFFECTIVE INSTRUCTION AND DEVELOPMENT OF COGNITIVE AND ACADEMIC
26 SKILLS;
27 (VI) PREVENTION AND TREATMENT OF BEHAVIORAL AND EMOTIONAL DISORDERS
28 AND DEFICITS;
29 (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
30 (VIII) RESEARCH AND PROGRAM EVALUATION;
31 (IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
32 (X) COMPLETION OF A TWELVE HUNDRED HOUR SUPERVISED INTERNSHIP IN
33 SCHOOL PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED WITHIN
34 A SCHOOL SETTING.
35 3. EXPERIENCE: COMPLETE A MINIMUM OF TWO THOUSAND FOUR HUNDRED HOURS
36 OF POST-MASTER'S SUPERVISED EXPERIENCE RELEVANT TO THE PRACTICE OF
37 SCHOOL PSYCHOLOGY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE
38 COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
39 ONE THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN SCHOOL
40 PSYCHOLOGY;
41 4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
42 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
43 5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
44 6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
45 MENT; AND
46 7. FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
47 ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
48 LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION; A FEE OF
49 ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT
50 REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A FEE OF
51 ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
52 S 8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1. IT SHALL BE DEEMED
53 PRACTICING OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
54 FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
55 OF ANY SERIOUS MENTAL ILLNESS, TO PROVIDE ANY MENTAL HEALTH SERVICES
56 FOR SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A MEDICAL
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1 EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
2 ING SUCH ILLNESS. SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
3 DETERMINE AND ADVISE WHETHER ANY MEDICAL CARE IS INDICATED FOR SUCH
4 ILLNESS. FOR PURPOSES OF THIS SECTION, "SERIOUS MENTAL ILLNESS" MEANS
5 SCHIZOPHRENIA, SCHIZOAFFECTIVE DISORDER, BIPOLAR DISORDER, MAJOR
6 DEPRESSIVE DISORDER, PANIC DISORDER AND OBSESSIVE-COMPULSIVE DISORDER.
7 NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT OR IMPAIR
8 CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL. NOTH-
9 ING HEREIN CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR OTHERWISE AFFECT
10 THE DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY AS PROVIDED IN
11 SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
12 2. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
13 THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
14 (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
15 TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
16 HER PROFESSION; OR
17 (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
18 SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
19 SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY PROCEDURE IN WHICH HUMAN
20 TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
21 MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
22 THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
23 3. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO AUTHORIZE, GRANT OR
24 EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
25 S 8725. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
26 TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
27 THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
28 2. LIMITED PERMITS SHALL BE FOR ONE YEAR AND BE RENEWED, AT THE
29 DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
30 3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
31 SEVENTY DOLLARS.
32 S 8726. EXEMPTIONS. NOTHING CONTAINED IN THIS ARTICLE SHALL BE
33 CONSTRUED TO:
34 1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
35 TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
36 CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
37 TITLE OR BY ANY PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN
38 ASSISTANT WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B
39 OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
40 TICE PSYCHOLOGY WITHIN THIS STATE PURSUANT TO ARTICLE ONE HUNDRED
41 FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
42 IZED TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS STATE
43 PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF THIS TITLE, OR BY ANY
44 PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGIS-
45 TERED PROFESSIONAL NURSE WITHIN THIS STATE PURSUANT TO ARTICLE ONE
46 HUNDRED THIRTY-NINE OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHER-
47 WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
48 LY THERAPY, CREATIVE ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE STATE
49 PURSUANT TO ARTICLE ONE HUNDRED SIXTY-THREE OF THIS TITLE; PROVIDED,
50 HOWEVER, THAT NO PHYSICIAN, PHYSICIAN'S ASSISTANT, REGISTERED PROFES-
51 SIONAL NURSE, PSYCHOLOGIST, LICENSED CLINICAL SOCIAL WORKER, LICENSED
52 MENTAL HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST,
53 LICENSED CREATIVE ARTS THERAPIST OR LICENSED PSYCHOANALYST MAY USE THE
54 TITLE UNLESS LICENSED UNDER THIS ARTICLE;
55 2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
56 INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM COUN-
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1 SELORS AND CERTIFIED SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
2 HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
3 3. PROHIBIT OR LIMIT THE PRACTICE OF A PROFESSION LICENSED PURSUANT
4 TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
5 SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
6 MENT;
7 4. PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
8 ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER, WITHIN THE
9 CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR OBLIGATION;
10 5. PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
11 IZATIONS, OR NOT-FOR-PROFIT BUSINESSES, FROM PROVIDING INSTRUCTION,
12 ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
13 AND RELATIONAL GROUPS; OR
14 6. PROHIBIT OR LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
15 CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE.
16 S 8727. SPECIAL PROVISIONS. 1. ANY NONEXEMPT PERSON PRACTICING THE
17 PROFESSION OF SCHOOL PSYCHOLOGY SHALL APPLY FOR A LICENSE OF SUCH
18 PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
19 (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
20 LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY MEET ALTERNATIVE CRITERIA
21 DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
22 CRITERIA.
23 (B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR A LICENSE ESTABLISHED
24 WITHIN THIS ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
25 REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY HAVING CERTIF-
26 ICATION OR REGISTRATION STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE
27 DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
28 2. NOTWITHSTANDING THE REQUIREMENTS OF SECTION EIGHTY-SEVEN HUNDRED
29 TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
30 YEARS FROM THE EFFECTIVE DATE OF THIS ARTICLE, AN INDIVIDUAL MAY BE
31 LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
32 (A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
33 EN HUNDRED TWENTY-THREE OF THIS ARTICLE AND PERFORMED THE DUTIES OF A
34 SCHOOL PSYCHOLOGIST FOR TWO OF THE PAST FIVE YEARS PRIOR TO THE EFFEC-
35 TIVE DATE OF THIS ARTICLE; OR
36 (B) PERFORMED THE DUTIES OF A SCHOOL PSYCHOLOGIST FOR AT LEAST FIVE
37 YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
38 3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CLAS-
39 SIFICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS APPROVED
40 IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT, IN THE
41 PRACTICE OF SUCH LICENSED PROFESSION.
42 S 8. Paragraph a of subdivision 3 of section 6507 of the education
43 law, as amended by chapter 356 of the laws of 2006, is amended to read
44 as follows:
45 a. Establish standards for preprofessional and professional education,
46 experience and licensing examinations as required to implement the arti-
47 cle for each profession. Notwithstanding any other provision of law, the
48 commissioner shall establish standards requiring that all persons apply-
49 ing, on or after January first, nineteen hundred ninety-one, initially,
50 or for the renewal of, a license, registration or limited permit to be a
51 physician, chiropractor, dentist, registered nurse, podiatrist, optome-
52 trist, psychiatrist, psychologist, LICENSED SCHOOL PSYCHOLOGIST,
53 licensed master social worker, licensed clinical social worker, licensed
54 creative arts therapist, licensed marriage and family therapist,
55 licensed mental health counselor, licensed psychoanalyst, or dental
56 hygienist shall, in addition to all the other licensure, certification
A. 8159 9
1 or permit requirements, have completed two hours of coursework or train-
2 ing regarding the identification and reporting of child abuse and
3 maltreatment. The coursework or training shall be obtained from an
4 institution or provider which has been approved by the department to
5 provide such coursework or training. The coursework or training shall
6 include information regarding the physical and behavioral indicators of
7 child abuse and maltreatment and the statutory reporting requirements
8 set out in sections four hundred thirteen through four hundred twenty of
9 the social services law, including but not limited to, when and how a
10 report must be made, what other actions the reporter is mandated or
11 authorized to take, the legal protections afforded reporters, and the
12 consequences for failing to report. Such coursework or training may also
13 include information regarding the physical and behavioral indicators of
14 the abuse of individuals with mental retardation and other developmental
15 disabilities and voluntary reporting of abused or neglected adults to
16 the office of mental retardation and developmental disabilities or the
17 local adult protective services unit. Each applicant shall provide the
18 department with documentation showing that he or she has completed the
19 required training. The department shall provide an exemption from the
20 child abuse and maltreatment training requirements to any applicant who
21 requests such an exemption and who shows, to the department's satisfac-
22 tion, that there would be no need because of the nature of his or her
23 practice for him or her to complete such training;
24 S 9. Paragraph (a) of subdivision 1 of section 413 of the social
25 services law, as amended by section 3 of part D of chapter 501 of the
26 laws of 2012, is amended to read as follows:
27 (a) The following persons and officials are required to report or
28 cause a report to be made in accordance with this title when they have
29 reasonable cause to suspect that a child coming before them in their
30 professional or official capacity is an abused or maltreated child, or
31 when they have reasonable cause to suspect that a child is an abused or
32 maltreated child where the parent, guardian, custodian or other person
33 legally responsible for such child comes before them in their profes-
34 sional or official capacity and states from personal knowledge facts,
35 conditions or circumstances which, if correct, would render the child an
36 abused or maltreated child: any physician; registered physician assist-
37 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
38 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
39 psychologist; SCHOOL PSYCHOLOGIST; registered nurse; social worker;
40 emergency medical technician; licensed creative arts therapist; licensed
41 marriage and family therapist; licensed mental health counselor;
42 licensed psychoanalyst; hospital personnel engaged in the admission,
43 examination, care or treatment of persons; a Christian Science practi-
44 tioner; school official, which includes but is not limited to school
45 teacher, school guidance counselor, school psychologist, school social
46 worker, school nurse, school administrator or other school personnel
47 required to hold a teaching or administrative license or certificate;
48 social services worker; director of a children's overnight camp, summer
49 day camp or traveling summer day camp, as such camps are defined in
50 section thirteen hundred ninety-two of the public health law; day care
51 center worker; school-age child care worker; provider of family or group
52 family day care; or any other child care or foster care worker; mental
53 health professional; substance abuse counselor; alcoholism counselor;
54 all persons credentialed by the office of alcoholism and substance abuse
55 services; peace officer; police officer; district attorney or assistant
A. 8159 10
1 district attorney; investigator employed in the office of a district
2 attorney; or other law enforcement official.
3 S 10. Section 7602 of the education law, as added by chapter 987 of
4 the laws of 1971, is amended to read as follows:
5 S 7602. State board for psychology. A state board for psychology
6 shall be appointed by the board of regents on recommendation of the
7 commissioner for the purpose of assisting the board of regents and the
8 department on matters of professional licensing and professional conduct
9 in accordance with section sixty-five hundred eight of this title. The
10 board shall be composed of not less than eleven [psychologists licensed
11 in this state] MEMBERS, A NUMBER OF WHOM SHALL BE LICENSED SCHOOL
12 PSYCHOLOGISTS SUFFICIENT TO ASSURE MEANINGFUL PARTICIPATION IN BOARD
13 ACTIVITIES. An executive secretary to the board shall be appointed by
14 the board of regents upon the recommendation of the commissioner and
15 shall be a psychologist, licensed in this state.
16 S 11. Subdivisions 5, 10, 12, 16-a and 16-b of section 400.00 of the
17 penal law, subdivisions 5, 10 and 12 as amended and subdivisions 16-a
18 and 16-b as added by chapter 1 of the laws of 2013, are amended to read
19 as follows:
20 5. Filing of approved applications. [(a)] The application for any
21 license, if granted, shall be filed by the licensing officer with the
22 clerk of the county of issuance, except that in the city of New York
23 and, in the counties of Nassau and Suffolk, the licensing officer shall
24 designate the place of filing in the appropriate division, bureau or
25 unit of the police department thereof, and in the county of Suffolk the
26 county clerk is hereby authorized to transfer all records or applica-
27 tions relating to firearms to the licensing authority of that county.
28 [Except as provided in paragraphs (b) through (f) of this subdivision,
29 the] THE name and address of any person to whom an application for any
30 license has been granted shall NOT be a public record. Upon application
31 by a licensee who has changed his place of residence such records or
32 applications shall be transferred to the appropriate officer at the
33 licensee's new place of residence. A duplicate copy of such application
34 shall be filed by the licensing officer in the executive department,
35 division of state police, Albany, within ten days after issuance of the
36 license. The superintendent of state police may designate that such
37 application shall be transmitted to the division of state police elec-
38 tronically. In the event the superintendent of the division of state
39 police determines that it lacks any of the records required to be filed
40 with the division, it may request that such records be provided to it by
41 the appropriate clerk, department or authority and such clerk, depart-
42 ment or authority shall provide the division with such records. In the
43 event such clerk, department or authority lacks such records, the divi-
44 sion may request the license holder provide information sufficient to
45 constitute such record and such license holder shall provide the divi-
46 sion with such information. Such information shall be limited to the
47 license holder's name, date of birth, gender,race, residential address,
48 social security number and firearms possessed by said license holder.
49 Nothing in this subdivision shall be construed to change the expiration
50 date or term of such licenses if otherwise provided for in law. [Records
51 assembled or collected for purposes of inclusion in the database estab-
52 lished by this section shall be released pursuant to a court order.
53 Records assembled or collected for purposes of inclusion in the database
54 created pursuant to section 400.02 of this chapter shall not be subject
55 to disclosure pursuant to article six of the public officers law.
A. 8159 11
1 (b) Each application for a license pursuant to paragraph (a) of this
2 subdivision shall include, on a separate written form prepared by the
3 division of state police within thirty days of the effective date of the
4 chapter of the laws of two thousand thirteen, which amended this
5 section, and provided to the applicant at the same time and in the same
6 manner as the application for a license, an opportunity for the appli-
7 cant to request an exception from his or her application information
8 becoming public record pursuant to paragraph (a) of this subdivision.
9 Such forms, which shall also be made available to individuals who had
10 applied for or been granted a license prior to the effective date of the
11 chapter of the laws of two thousand thirteen which amended this section,
12 shall notify applicants that, upon discovery that an applicant knowingly
13 provided false information, such applicant may be subject to penalties
14 pursuant to section 175.30 of this chapter, and further, that his or her
15 request for an exception shall be null and void, provided that written
16 notice containing such determination is provided to the applicant.
17 Further, such forms shall provide each applicant an opportunity to spec-
18 ify the grounds on which he or she believes his or her application
19 information should not be publicly disclosed. These grounds, which shall
20 be identified on the application with a box beside each for checking, as
21 applicable, by the applicant, shall be as follows:
22 (i) the applicant's life or safety may be endangered by disclosure
23 because:
24 (A) the applicant is an active or retired police officer, peace offi-
25 cer, probation officer, parole officer, or corrections officer;
26 (B) the applicant is a protected person under a currently valid order
27 of protection;
28 (C) the applicant is or was a witness in a criminal proceeding involv-
29 ing a criminal charge;
30 (D) the applicant is participating or previously participated as a
31 juror in a criminal proceeding, or is or was a member of a grand jury;
32 or
33 (E) the applicant is a spouse, domestic partner or household member of
34 a person identified in this subparagraph or subparagraph (ii) of this
35 paragraph, specifying which subparagraph or subparagraphs and clauses
36 apply.
37 (ii) the applicant has reason to believe his or her life or safety may
38 be endangered by disclosure due to reasons stated by the applicant.
39 (iii) the applicant has reason to believe he or she may be subject to
40 unwarranted harassment upon disclosure of such information.
41 (c) Each form provided for recertification pursuant to paragraph (b)
42 of subdivision ten of this section shall include an opportunity for the
43 applicant to request an exception from the information provided on such
44 form becoming public record pursuant to paragraph (a) of this subdivi-
45 sion. Such forms shall notify applicants that, upon discovery that an
46 applicant knowingly provided false information, such applicant may be
47 subject to penalties pursuant to section 175.30 of this chapter, and
48 further, that his or her request for an exception shall be null and
49 void, provided that written notice containing such determination is
50 provided to the applicant. Further, such forms shall provide each appli-
51 cant an opportunity to either decline to request the grant or continua-
52 tion of an exception, or specify the grounds on which he or she believes
53 his or her information should not be publicly disclosed. These grounds,
54 which shall be identified in the application with a box beside each for
55 checking, as applicable, by the applicant, shall be the same as provided
56 in paragraph (b) of this subdivision.
A. 8159 12
1 (d) Information submitted on the forms described in paragraph (b) of
2 this subdivision shall be excepted from disclosure and maintained by the
3 entity retaining such information separate and apart from all other
4 records.
5 (e) (i) Upon receiving a request for exception from disclosure, the
6 licensing officer shall grant such exception, unless the request is
7 determined to be null and void, pursuant to paragraph (b) or (c) of this
8 subdivision.
9 (ii) A request for an exception from disclosure may be submitted at
10 any time, including after a license or recertification has been granted.
11 (iii) If an exception is sought and granted pursuant to paragraph (b)
12 of this subdivision, the application information shall not be public
13 record, unless the request is determined to be null and void. If an
14 exception is sought and granted pursuant to paragraph (c) of this subdi-
15 vision, the information concerning such recertification application
16 shall not be public record, unless the request is determined to be null
17 and void.
18 (f) The information of licensees or applicants for a license shall not
19 be disclosed to the public during the first one hundred twenty days
20 following the effective date of the chapter of the laws of two thousand
21 thirteen, which amended this section. After such period, the information
22 of those who had applied for or been granted a license prior to the
23 preparation of the form for requesting an exception, pursuant to para-
24 graph (b) of this subdivision, may be released only if such individuals
25 did not file a request for such an exception during the first sixty days
26 following such preparation; provided, however, that no information
27 contained in an application for licensure or recertification shall be
28 disclosed by an entity that has not completed processing any such
29 requests received during such sixty days.
30 (g) If a request for an exception is determined to be null and void
31 pursuant to paragraph (b) or (c) of this subdivision, an applicant may
32 request review of such determination pursuant to article seventy-eight
33 of the civil practice laws and rules. Such proceeding must commence
34 within thirty days after service of the written notice containing the
35 adverse determination. Notice of the right to commence such a petition,
36 and the time period therefor, shall be included in the notice of the
37 determination. Disclosure following such a petition shall not be made
38 prior to the disposition of such review.]
39 10. License: expiration, certification and renewal. [(a)] Any license
40 for gunsmith or dealer in firearms and, in the city of New York, any
41 license to carry or possess a pistol or revolver, issued at any time
42 pursuant to this section or prior to the first day of July, nineteen
43 hundred sixty-three and not limited to expire on an earlier date fixed
44 in the license, shall expire not more than three years after the date of
45 issuance. In the counties of Nassau, Suffolk and Westchester, any
46 license to carry or possess a pistol or revolver, issued at any time
47 pursuant to this section or prior to the first day of July, nineteen
48 hundred sixty-three and not limited to expire on an earlier date fixed
49 in the license, shall expire not more than five years after the date of
50 issuance; however, in the county of Westchester, any such license shall
51 be certified prior to the first day of April, two thousand, in accord-
52 ance with a schedule to be contained in regulations promulgated by the
53 commissioner of the division of criminal justice services, and every
54 such license shall be recertified every five years thereafter. For
55 purposes of this section certification shall mean that the licensee
56 shall provide to the licensing officer the following information only:
A. 8159 13
1 current name, date of birth, current address, and the make, model, cali-
2 ber and serial number of all firearms currently possessed. Such certif-
3 ication information shall be filed by the licensing officer in the same
4 manner as an amendment. Elsewhere than in the city of New York and the
5 counties of Nassau, Suffolk and Westchester, any license to carry or
6 possess a pistol or revolver, issued at any time pursuant to this
7 section or prior to the first day of July, nineteen hundred sixty-three
8 and not previously revoked or cancelled, shall be in force and effect
9 until revoked as herein provided. Any license not previously cancelled
10 or revoked shall remain in full force and effect for thirty days beyond
11 the stated expiration date on such license. Any application to renew a
12 license that has not previously expired, been revoked or cancelled shall
13 thereby extend the term of the license until disposition of the applica-
14 tion by the licensing officer. In the case of a license for gunsmith or
15 dealer in firearms, in counties having a population of less than two
16 hundred thousand inhabitants, photographs and fingerprints shall be
17 submitted on original applications and upon renewal thereafter only at
18 six year intervals. Upon satisfactory proof that a currently valid
19 original license has been despoiled, lost or otherwise removed from the
20 possession of the licensee and upon application containing an additional
21 photograph of the licensee, the licensing officer shall issue a dupli-
22 cate license.
23 [(b) All licensees shall be recertified to the division of state
24 police every five years thereafter. Any license issued before the effec-
25 tive date of the chapter of the laws of two thousand thirteen which
26 added this paragraph shall be recertified by the licensee on or before
27 January thirty-first, two thousand eighteen, and not less than one year
28 prior to such date, the state police shall send a notice to all license
29 holders who have not recertified by such time. Such recertification
30 shall be in a form as approved by the superintendent of state police,
31 which shall request the license holder's name, date of birth, gender,
32 race, residential address, social security number, firearms possessed by
33 such license holder, email address at the option of the license holder
34 and an affirmation that such license holder is not prohibited from
35 possessing firearms. The form may be in an electronic form if so desig-
36 nated by the superintendent of state police. Failure to recertify shall
37 act as a revocation of such license. If the New York state police
38 discover as a result of the recertification process that a licensee
39 failed to provide a change of address, the New York state police shall
40 not require the licensing officer to revoke such license.]
41 12. Records required of gunsmiths and dealers in firearms. Any person
42 licensed as gunsmith or dealer in firearms shall keep a record book
43 approved as to form, except in the city of New York, by the superinten-
44 dent of state police. In the record book shall be entered at the time of
45 every transaction involving a firearm the date, name, age, occupation
46 and residence of any person from whom a firearm is received or to whom a
47 firearm is delivered, and the calibre, make, model, manufacturer's name
48 and serial number, or if none, any other distinguishing number or iden-
49 tification mark on such firearm. Before delivering a firearm to any
50 person, the licensee shall require him to produce either a license valid
51 under this section to carry or possess the same, or proof of lawful
52 authority as an exempt person pursuant to section 265.20. In addition,
53 before delivering a firearm to a peace officer, the licensee shall veri-
54 fy that person's status as a peace officer with the division of state
55 police. After completing the foregoing, the licensee shall remove and
56 retain the attached coupon and enter in the record book the date of such
A. 8159 14
1 license, number, if any, and name of the licensing officer, in the case
2 of the holder of a license to carry or possess, or the shield or other
3 number, if any, assignment and department, unit or agency, in the case
4 of an exempt person. The original transaction report shall be forwarded
5 to the division of state police within ten days of delivering a firearm
6 to any person, and a duplicate copy shall be kept by the licensee. The
7 superintendent of state police may designate that such record shall be
8 completed and transmitted in electronic form. A dealer may be granted a
9 waiver from transmitting such records in electronic form if the super-
10 intendent determines that such dealer is incapable of such transmission
11 due to technological limitations that are not reasonably within the
12 control of the dealer, or other exceptional circumstances demonstrated
13 by the dealer, pursuant to a process established in regulation, and at
14 the discretion of the superintendent. [Records assembled or collected
15 for purposes of inclusion in the database created pursuant to section
16 400.02 of this article shall not be subject to disclosure pursuant to
17 article six of the public officers law.] The record book shall be main-
18 tained on the premises mentioned and described in the license and shall
19 be open at all reasonable hours for inspection by any peace officer,
20 acting pursuant to his special duties, or police officer. In the event
21 of cancellation or revocation of the license for gunsmith or dealer in
22 firearms, or discontinuance of business by a licensee, such record book
23 shall be immediately surrendered to the licensing officer in the city of
24 New York, and in the counties of Nassau and Suffolk, and elsewhere in
25 the state to the executive department, division of state police.
26 16-a. [Registration. (a) An owner of a weapon defined in paragraph (e)
27 or (f) of subdivision twenty-two of section 265.00 of this chapter,
28 possessed before the date of the effective date of the chapter of the
29 laws of two thousand thirteen which added this paragraph, must make an
30 application to register such weapon with the superintendent of state
31 police, in the manner provided by the superintendent, or by amending a
32 license issued pursuant to this section within one year of the effective
33 date of this subdivision except any weapon defined under subparagraph
34 (vi) of paragraph (g) of subdivision twenty-two of section 265.00 of
35 this chapter transferred into the state may be registered at any time,
36 provided such weapons are registered within thirty days of their trans-
37 fer into the state. Registration information shall include the regis-
38 trant's name, date of birth, gender, race, residential address, social
39 security number and a description of each weapon being registered. A
40 registration of any weapon defined under subparagraph (vi) of paragraph
41 (g) of subdivision twenty-two of section 265.00 or a feeding device as
42 defined under subdivision twenty-three of section 265.00 of this chapter
43 shall be transferable, provided that the seller notifies the state
44 police within seventy-two hours of the transfer and the buyer provides
45 the state police with information sufficient to constitute a registra-
46 tion under this section. Such registration shall not be valid if such
47 registrant is prohibited or becomes prohibited from possessing a firearm
48 pursuant to state or federal law. The superintendent shall determine
49 whether such registrant is prohibited from possessing a firearm under
50 state or federal law. Such check shall be limited to determining whether
51 the factors in 18 USC 922 (g) apply or whether a registrant has been
52 convicted of a serious offense as defined in subdivision sixteen-b of
53 section 265.00 of this chapter, so as to prohibit such registrant from
54 possessing a firearm, and whether a report has been issued pursuant to
55 section 9.46 of the mental hygiene law. All registrants shall recertify
A. 8159 15
1 to the division of state police every five years thereafter. Failure to
2 recertify shall result in a revocation of such registration.
3 (b) The superintendent of state police shall create and maintain an
4 internet website to educate the public as to which semiautomatic rifle,
5 semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
6 as a result of the enactment of the chapter of the laws of two thousand
7 thirteen which added this paragraph, as well as such assault weapons
8 which are illegal pursuant to article two hundred sixty-five of this
9 chapter. Such website shall contain information to assist the public in
10 recognizing the relevant features proscribed by such article two hundred
11 sixty-five, as well as which make and model of weapons that require
12 registration.
13 (c) A person who knowingly fails to apply to register such weapon, as
14 required by this section, within one year of the effective date of the
15 chapter of the laws of two thousand thirteen which added this paragraph
16 shall be guilty of a class A misdemeanor and such person who unknowingly
17 fails to validly register such weapon within such one year period shall
18 be given a warning by an appropriate law enforcement authority about
19 such failure and given thirty days in which to apply to register such
20 weapon or to surrender it. A failure to apply or surrender such weapon
21 within such thirty-day period shall result in such weapon being removed
22 by an appropriate law enforcement authority and declared a nuisance.
23 16-b.] The cost of the software, programming and interface required to
24 transmit any record that must be electronically transmitted by the deal-
25 er or licensing officer to the division of state police pursuant to this
26 chapter shall be borne by the state.
27 S 12. Subdivision 24 of section 265.00 of the penal law is REPEALED.
28 S 13. Paragraph 3 of subdivision a of section 265.20 of the penal law,
29 as amended by chapter 1 of the laws of 2013, is amended to read as
30 follows:
31 3. Possession of a pistol or revolver by a person to whom a license
32 therefor has been issued as provided under section 400.00 or 400.01 of
33 this chapter [or possession of a weapon as defined in paragraph (e) or
34 (f) of subdivision twenty-two of section 265.00 of this article which is
35 registered pursuant to paragraph (a) of subdivision sixteen-a of section
36 400.00 of this chapter or is included on an amended license issued
37 pursuant to section 400.00 of this chapter. In the event such license is
38 revoked, other than because such licensee is no longer permitted to
39 possess a firearm, rifle or shotgun under federal or state law, informa-
40 tion sufficient to satisfy the requirements of subdivision sixteen-a of
41 section 400.00 of this chapter, shall be transmitted by the licensing
42 officer to the state police, in a form as determined by the superinten-
43 dent of state police. Such transmission shall constitute a valid regis-
44 tration under such section. Further provided, notwithstanding any other
45 section of this title, a failure to register such weapon by an individ-
46 ual who possesses such weapon before the enactment of the chapter of the
47 laws of two thousand thirteen which amended this paragraph and may so
48 lawfully possess it thereafter upon registration, shall only be subject
49 to punishment pursuant to paragraph (c) of subdivision sixteen-a of
50 section 400.00 of this chapter]; provided, that such a license [or
51 registration] shall not preclude a conviction for the offense defined in
52 [subdivision three of section 265.01 of this article or] section
53 265.01-a of this article.
54 S 14. Section 400.10 of the penal law, as amended by chapter 1 of the
55 laws of 2013, is amended to read as follows:
56 S 400.10 Report of theft or loss of a firearm, rifle or shotgun.
A. 8159 16
1 1. (a) Any owner or other person lawfully in possession of[: (i)] a
2 firearm, rifle or, shotgun who suffers the loss or theft of said weap-
3 on[; (ii) ammunition as well as a firearm, rifle or shotgun who suffers
4 the loss or theft of such ammunition as well as a firearm, rifle or
5 shotgun; or (iii) ammunition and is a dealer in firearms or seller of
6 ammunition who suffers the loss or theft of such ammunition] shall with-
7 in twenty-four hours of the discovery of the loss or theft report the
8 facts and circumstances of the loss or theft to a police department or
9 sheriff's office.
10 (b) Whenever a person reports the theft or loss of a firearm, rifle[,]
11 OR shotgun [or ammunition] to any police department or sheriff's office,
12 the officer or department receiving such report shall forward notice of
13 such theft or loss to the division of state police via the New York
14 Statewide Police Information Network. The notice shall contain informa-
15 tion in compliance with the New York Statewide Police Information
16 Network Operating Manual, including the caliber, make, model, manufac-
17 turer's name and serial number, if any, and any other distinguishing
18 number or identification mark on the weapon.
19 2. The division of state police shall receive, collect and file the
20 information referred to in subdivision one of this section. The division
21 shall cooperate, and undertake to furnish or make available to law
22 enforcement agencies this information, for the purpose of coordinating
23 law enforcement efforts to locate such weapons.
24 3. Notwithstanding any other provision of law, a violation of para-
25 graph (a) of subdivision one of this section shall be a class A misde-
26 meanor.
27 S 15. Subdivision (b) of section 9.46 of the mental hygiene law, as
28 added by chapter 1 of the laws of 2013, is amended to read as follows:
29 (b) Notwithstanding any other law to the contrary, when a mental
30 health professional currently providing treatment services to a person
31 determines, in the exercise of reasonable professional judgment, that
32 such person is likely to engage in conduct that would result in serious
33 harm to self or others, he or she shall be required to report, as soon
34 as practicable, to the director of community services, or the director's
35 designee, who shall report to the division of criminal justice services
36 whenever he or she agrees that the person is likely to engage in such
37 conduct. Information transmitted to the division of criminal justice
38 services shall be limited to names and other non-clinical identifying
39 information WHICH SHALL INCLUDE AT LEAST TWO OF THE FOLLOWING: BIRTH-
40 DATE, SOCIAL SECURITY NUMBER OR CURRENT ADDRESS, which may only be used
41 for determining whether a license issued pursuant to section 400.00 of
42 the penal law should be suspended or revoked, or for determining whether
43 a person is ineligible for a license issued pursuant to section 400.00
44 of the penal law, or is no longer permitted under state or federal law
45 to possess a firearm.
46 S 16. Subdivision 19 of section 837 of the executive law, as added by
47 chapter 1 of the laws of 2013, is amended to read as follows:
48 19. Receive names and other non-clinical identifying information,
49 WHICH SHALL INCLUDE AT LEAST TWO OF THE FOLLOWING: BIRTHDATE, SOCIAL
50 SECURITY NUMBER OR CURRENT ADDRESS, pursuant to section 9.46 of the
51 mental hygiene law; provided, however, any such information shall be
52 destroyed five years after such receipt, or pursuant to a proceeding
53 brought under article seventy-eight of the civil practice law and rules
54 determining that an individual is eligible for a license pursuant to
55 section 400.00 of the penal law and otherwise permitted to possess a
56 firearm.
A. 8159 17
1 S 17. Paragraphs (b) and (c) of subdivision 11 of section 400.00 of
2 the penal law, as added by chapter 1 of the laws of 2013, are amended to
3 read as follows:
4 (b) Whenever the director of community services or his or her designee
5 makes a report pursuant to section 9.46 of the mental hygiene law, the
6 division of criminal justice services shall [convey such information,
7 whenever it determines that] DETERMINE WHETHER the person named in the
8 report possesses a license issued pursuant to this section[, to]. IT
9 SHALL BE THE RESPONSIBILITY OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
10 TO CONFIRM THAT THE PERSON NAMED IN THE REPORT IS THE SAME PERSON TO
11 WHOM SUCH LICENSE HAS BEEN ISSUED. AFTER SUCH CONFIRMATION IS MADE, THE
12 DIVISION SHALL NOTIFY the appropriate licensing [official] OFFICER, who
13 shall issue an order suspending or revoking such license. THE LICENSEE
14 SHALL HAVE THE RIGHT TO A HEARING BEFORE THE LICENSING OFFICER REGARDING
15 ANY REVOCATION, SUSPENSION, INELIGIBILITY OR SURRENDER ORDERED PURSUANT
16 TO THIS SUBDIVISION AND WHERE SUCH A HEARING IS REQUESTED, IT SHALL BE
17 COMMENCED WITHIN FOURTEEN DAYS OF THE DATE SUCH REVOCATION, SUSPENSION,
18 INELIGIBILITY OR SURRENDER IS ORDERED.
19 (c) In any instance in which a person's license is suspended or
20 revoked under paragraph (a) or (b) of this subdivision, such person
21 shall surrender such license to the appropriate licensing [official]
22 OFFICER and any and all firearms, rifles, or shotguns owned or possessed
23 by such person shall be surrendered to an appropriate law enforcement
24 agency as provided in subparagraph (f) of paragraph one of subdivision a
25 of section 265.20 of this chapter. In the event such license, firearm,
26 shotgun, or rifle is not surrendered, such items shall be removed [and
27 declared a nuisance] and any police officer or peace officer acting
28 pursuant to his or her special duties is authorized to remove any and
29 all such weapons.
30 S 18. This act shall take effect immediately; provided that: the
31 amendments to subdivisions 10, 12, 16-b and paragraphs (b) and (c) of
32 subdivision 11 of section 400.00 of the penal law made by sections elev-
33 en and seventeen of this act shall take effect on the same date and in
34 the same manner as section 48 of chapter 1 of the laws of 2013 takes
35 effect; and sections seven, eight, nine and ten of this act shall take
36 effect January 1, 2014, provided, however, that if section 3 of part D
37 of chapter 501 of the laws of 2012 is not in effect on such effective
38 date, then the amendments to paragraph (a) of subdivision 1 of section
39 413 of the social services law made by section nine of this act shall
40 take effect on the same date and same manner as section 3 of part D of
41 chapter 501 of the laws of 2012, as amended, takes effect; provided
42 further that the department of education is authorized to promulgate any
43 and all rules and regulations and take any other measure necessary to
44 implement such provisions on or before their effective date, including,
45 but not limited to, the appointment of the state board of psychology,
46 the acceptance and processing of applications for licensure and the
47 issuance of licenses; provided further that the provisions of article
48 167 of the education law, as added by section seven of this act, requir-
49 ing a license or limited permit to practice under such article shall not
50 be enforced until January 1, 2015.