S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          776
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sens.  RIVERA, ESPAILLAT, PERKINS, SERRANO -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Finance
       AN ACT to amend the executive law, the election law, the public officers
         law, the tax law, the general obligations law, the education law,  the
         alcoholic  beverage  control law, the general city law, chapter 882 of
         the laws of 1953, establishing a compact with the state of New  Jersey
         for  the elimination of criminal and corrupt practices in the handling
         of waterborne freight within the port of New York district, the public
         health law, the general business law, the real property law, the judi-
         ciary law, the vehicle and traffic law, the social  services  law  and
         the correction law, in relation to enacting the "New York is home act"
         to  establish  New York state citizenship, regardless of federal immi-
         gration status, and requiring the provision of certain rights of  such
         citizenship; to repeal subdivision 1 of section 502 of the vehicle and
         traffic  law relating to applications for drivers' licenses; to repeal
         section 131-k of the social services law relating to  illegal  aliens;
         and to repeal subdivision 3 of section 661 of the education law relat-
         ing to residency for eligibility for student financial aid
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "New York is home act".
    3    S  2. Legislative findings. The legislature hereby finds that New York
    4  is home to over 19.5 million individuals, including workers,  consumers,
    5  students,  neighbors and taxpayers. The wellbeing of this state is inex-
    6  tricably linked to the wellbeing of all these  New  Yorkers.  These  New
    7  Yorkers  share  a  common destiny and common dreams: a thriving New York
    8  state replete with healthy families, healthy  communities  and  striving
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03792-01-5
       S. 776                              2
    1  businesses.  New  York is home to these individuals, regardless of their
    2  federal immigration status.
    3    This act addresses the compelling need to lift up all state residents,
    4  upon  whom  this  state's  society, vibrancy, health and economic growth
    5  depend. Our state recognizes the value of those who  contribute  to  and
    6  make our state home.
    7    It  also makes economic sense to enable all New Yorkers, who are pres-
    8  ent in and a part of the fabric of our state, to contribute fully to our
    9  state revenue, to participate in our state conversations, and to  access
   10  benefits  that are the foundation of a healthy, thriving New York state.
   11  Although the futures of many New Yorkers are undeniably circumscribed by
   12  current federal immigration law, many of those New Yorkers also enjoy an
   13  inchoate federal permission to be here, and this state enables  them  to
   14  make our state their home, as well. Many of these New Yorkers pay taxes,
   15  with approximately $744 million paid in state and local taxes each year.
   16  However,  current  state  law  prevents them from accessing equal higher
   17  education opportunities, health  care  benefits,  drivers  licenses  and
   18  professional  licenses. Denying New Yorkers these benefits means denying
   19  the state its full potential to succeed.
   20    The state of New York respects the exclusive province of  the  federal
   21  government  to  regulate immigration and the flow of immigrants into and
   22  out of our country. However, this state retains and asserts its historic
   23  authority to define its citizenry, and to  affirmatively  provide  state
   24  and  local  public  benefits  to  citizens of the state of New York. The
   25  state seeks to provide such benefits to all of its  citizens,  irrespec-
   26  tive  of that individual's eligibility for the same under federal law or
   27  pursuant to federal funding. There is nothing in this act that should be
   28  deemed to conflict with federal law.
   29    S 3. The executive law is amended by adding a new article 14-A to read
   30  as follows:
   31                                ARTICLE 14-A
   32                         NEW YORK STATE CITIZENSHIP
   33  SECTION 275.   DEFINITIONS.
   34          275-A. STATE CITIZENSHIP; ADMINISTRATION.
   35          275-B. ELIGIBILITY CRITERIA.
   36          275-C. ACCEPTABILITY; BENEFITS.
   37          275-D. STATE AGENCY REVIEW.
   38          275-E. SEVERABILITY.
   39          275-F. LOCAL LAWS.
   40    S 275. DEFINITIONS. AS USED IN THIS ARTICLE:
   41    1. "NEW YORK STATE CITIZEN" OR "CITIZEN" SHALL MEAN ANY INDIVIDUAL WHO
   42  SATISFIES THE REQUIREMENTS OF SUBDIVISION ONE  OF  SECTION  TWO  HUNDRED
   43  SEVENTY-FIVE-C OF THIS ARTICLE.
   44    2.  "NEW YORK STATE IDENTIFICATION CARD" SHALL MEAN THE PHYSICAL IDEN-
   45  TIFICATION CARD THAT  A  CITIZEN  IS  ELIGIBLE  TO  RECEIVE,  AND  WHICH
   46  INCLUDES  THAT  CITIZEN'S  NEW YORK STATE IDENTIFICATION NUMBER AND SUCH
   47  CARD'S DATE OF ISSUANCE.
   48    3. "NEW YORK STATE IDENTIFICATION NUMBER" SHALL MEAN THE UNIQUE  IDEN-
   49  TIFICATION  NUMBER  THAT  A  CITIZEN IS ASSIGNED BY THE OFFICE AND WHICH
   50  APPEARS ON SUCH CITIZEN'S NEW YORK STATE IDENTIFICATION CARD.
   51    4. "OFFICE" SHALL MEAN THE OFFICE FOR NEW AMERICANS ESTABLISHED BY THE
   52  GOVERNOR.
   53    S 275-A. STATE CITIZENSHIP; ADMINISTRATION.  1. THE PROVISIONS OF THIS
   54  ARTICLE SHALL BE ADMINISTERED BY THE OFFICE. THE OFFICE SHALL:
   55    (A) RECOGNIZE  THE  NEW  YORK  STATE  CITIZENSHIP  OF  ANY  INDIVIDUAL
   56  DESCRIBED  IN  SUBDIVISION  ONE OF SECTION TWO HUNDRED SEVENTY-FIVE-B OF
       S. 776                              3
    1  THIS ARTICLE, AND GRANT AND RENEW NEW  YORK  STATE  CITIZENSHIP  TO  ANY
    2  INDIVIDUAL  WHO  MEETS  THE  CRITERIA  SET  FORTH  IN SUBDIVISION TWO OF
    3  SECTION TWO HUNDRED SEVENTY-FIVE-B OF THIS ARTICLE;
    4    (B)  GRANT  A  NEW  YORK  STATE IDENTIFICATION CARD AND NEW YORK STATE
    5  IDENTIFICATION NUMBER TO ANY CITIZEN;
    6    (C) GRANT A RENEWED NEW YORK STATE IDENTIFICATION CARD  AND  NEW  YORK
    7  STATE  IDENTIFICATION NUMBER TO ANY CITIZEN DESCRIBED IN SUBDIVISION ONE
    8  OF SECTION TWO HUNDRED SEVENTY-FIVE-B OF THIS ARTICLE, AND TO ANY  CITI-
    9  ZEN  DESCRIBED  IN SUBDIVISION TWO OF SECTION TWO HUNDRED SEVENTY-FIVE-B
   10  OF THIS ARTICLE, WHO DEMONSTRATES THAT  THEY  CONTINUE  TO  SATISFY  THE
   11  CRITERIA SET FORTH THEREIN;
   12    (D)  PROMULGATE  RULES  AND REGULATIONS TO EFFECT THE PURPOSES OF THIS
   13  ARTICLE; AND
   14    (E) ESTABLISH, PUBLICIZE AND ADMINISTER PROCEDURES TO GRANT  NEW  YORK
   15  STATE  CITIZENSHIP,  NEW  YORK  STATE  IDENTIFICATION CARDS AND NEW YORK
   16  STATE IDENTIFICATION NUMBERS.
   17    2. NEW YORK STATE CITIZENSHIP SHALL BE A CONTINUING STATUS THAT  SHALL
   18  END  WHEN  AN  INDIVIDUAL  IS NO LONGER A RESIDENT OF THE STATE. THE NEW
   19  YORK STATE IDENTIFICATION CARD AND NEW YORK STATE IDENTIFICATION  NUMBER
   20  SHALL BE VALID FOR A PERIOD OF FIVE YEARS AFTER THE DATE OF ISSUANCE.
   21    S  275-B.  ELIGIBILITY  CRITERIA. ANY INDIVIDUAL, REGARDLESS OF HIS OR
   22  HER IMMIGRATION STATUS, WHO MEETS EITHER OF THE  FOLLOWING  REQUIREMENTS
   23  SHALL BE DEEMED TO BE A CITIZEN:
   24    1. IS A RESIDENT OF THE STATE WHO IS A CITIZEN OF THE UNITED STATES;
   25    2. IS ADJUDGED BY THE OFFICE TO SATISFY ALL OF THE FOLLOWING CRITERIA:
   26    (A) HAS PROOF OF IDENTITY;
   27    (B) HAS BEEN A RESIDENT OF THE STATE FOR NOT LESS THAN THREE YEARS;
   28    (C) HAS PAID STATE RESIDENT PERSONAL INCOME TAXES, PURSUANT TO ARTICLE
   29  TWENTY-TWO  OF  THE TAX LAW, FOR A PERIOD OF NOT LESS THAN THREE TAXABLE
   30  YEARS; PROVIDED HOWEVER, THAT SUCH REQUIREMENT SHALL NOT APPLY TO  INDI-
   31  VIDUALS  WHO  ARE  STUDENTS,  PRIMARY  CAREGIVERS, UNABLE TO WORK DUE TO
   32  DISABILITY, UNEMPLOYED OR OTHERWISE NOT REQUIRED PURSUANT TO SUCH  ARTI-
   33  CLE OF THE TAX LAW TO REPORT HIS OR HER INCOME;
   34    (D)  HAS  PLEDGED  TO ABIDE BY THE LAWS OF THE STATE AND TO UPHOLD THE
   35  PROVISIONS OF THE STATE CONSTITUTION; AND
   36    (E) HAS ATTESTED TO HIS OR HER WILLINGNESS  TO  SERVE  ON  JURY  DUTY,
   37  PURSUANT TO ARTICLE SIXTEEN OF THE JUDICIARY LAW, AND TO CONTINUE TO PAY
   38  ANY TAXES REQUIRED TO BE PAID BY HIM OR HER PURSUANT TO ANY PROVISION OF
   39  STATE OR LOCAL LAW.
   40    3.  (A)  THE  STATE  SHALL  NOT  RETAIN ORIGINALS OR COPIES OF RECORDS
   41  PROVIDED BY AN APPLICANT TO PROVE IDENTITY OR RESIDENCY OR OTHER  ELIGI-
   42  BILITY REQUIREMENTS OF STATE CITIZENSHIP.
   43    (B) TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE FEDERAL AND STATE LAW,
   44  INFORMATION  COLLECTED  ABOUT  APPLICANTS FOR STATE CITIZENSHIP SHALL BE
   45  TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO  GOVERNMENT  ENTI-
   46  TIES OR PRIVATE PARTIES UNLESS SUCH DISCLOSURE IS:
   47    (I)  AUTHORIZED  IN WRITING BY THE INDIVIDUAL TO WHOM SUCH INFORMATION
   48  PERTAINS, OR IF SUCH INDIVIDUAL IS A MINOR OR IS OTHERWISE  NOT  LEGALLY
   49  COMPETENT, BY SUCH INDIVIDUAL'S PARENT OR LEGAL GUARDIAN; OR
   50    (II) SO ORDERED BY A COURT OF COMPETENT JURISDICTION.
   51    S  275-C.  ACCEPTABILITY; BENEFITS. 1. EXCEPT AS OTHERWISE PROVIDED BY
   52  FEDERAL LAW, A NEW YORK STATE IDENTIFICATION CARD SHALL BE ACCEPTED  AND
   53  BE  DEEMED  TO BE VALID GOVERNMENT IDENTIFICATION WHERE A STATE DRIVERS'
   54  LICENSE WOULD BE ACCEPTED, AND THE NEW YORK STATE IDENTIFICATION  NUMBER
   55  SHALL BE ACCEPTED FOR USE IN SUBSTITUTION FOR A SOCIAL SECURITY NUMBER.
       S. 776                              4
    1    2.  ANY  PERSON IN POSSESSION OF A VALID NEW YORK STATE IDENTIFICATION
    2  CARD SHALL NOT BE DISQUALIFIED FROM ELIGIBILITY FOR ANY OF THE FOLLOWING
    3  STATE BENEFITS BY VIRTUE OF HIS OR HER LACK OF DOCUMENTATION OF  FEDERAL
    4  IMMIGRATION STATUS:
    5    (A)  ANY  LICENSE,  PERMIT,  CERTIFICATE  OR  GRANT  OF PERMISSION, AS
    6  DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF SECTION 3-503 OF THE GENER-
    7  AL OBLIGATIONS LAW AND REQUIRED BY THE LAWS OF THIS STATE, ITS POLITICAL
    8  SUBDIVISIONS OR INSTRUMENTALITIES AS A CONDITION FOR THE LAWFUL PRACTICE
    9  OF ANY OCCUPATION, EMPLOYMENT, TRADE, VOCATION, BUSINESS OR  PROFESSION,
   10  AND ISSUED BY THE STATE OR ANY POLITICAL SUBDIVISION THEREOF;
   11    (B) THE ABILITY TO REGISTER FOR AND VOTE AT STATE AND LOCAL ELECTIONS,
   12  AS PROVIDED IN SECTION 5-100 OF THE ELECTION LAW;
   13    (C) PUBLIC HEALTH BENEFITS;
   14    (D)  A  DRIVERS'  LICENSE, PURSUANT TO SECTION FIVE HUNDRED TWO OF THE
   15  VEHICLE AND TRAFFIC LAW; AND
   16    (E) BENEFITS GOVERNED BY ARTICLES THIRTEEN AND FOURTEEN OF THE  EDUCA-
   17  TION  LAW,  SUCH  AS  GENERAL  AWARDS,  ACADEMIC  PERFORMANCE AWARDS AND
   18  STUDENT LOANS FOR HIGHER EDUCATION; ASSISTANCE UNDER THE  HIGHER  EDUCA-
   19  TION  OPPORTUNITY  PROGRAMS  AND  THE  COLLEGIATE SCIENCE AND TECHNOLOGY
   20  ENTRY PROGRAM; FINANCIAL AID OPPORTUNITIES FOR  STUDENTS  OF  THE  STATE
   21  UNIVERSITY  OF  NEW  YORK, THE CITY UNIVERSITY OF NEW YORK AND COMMUNITY
   22  COLLEGES; AND THE NEW YORK STATE COLLEGE CHOICE TUITION SAVINGS PROGRAM.
   23    3. NOTHING IN THIS SECTION SHALL BE DEEMED TO DEPRIVE  ANY  INDIVIDUAL
   24  OF  ANY  BENEFIT  RECEIVED  BY  HIM  OR HER PURSUANT TO LAW PRIOR TO THE
   25  EFFECTIVE DATE OF THIS ARTICLE.
   26    S 275-D. STATE AGENCY REVIEW.  ALL STATE AGENCIES SHALL  REVIEW  THEIR
   27  RULES  AND  REGULATIONS TO MAKE SURE THEY ARE CONSISTENT WITH THIS ARTI-
   28  CLE, AND MAKE SUCH NECESSARY CHANGES WITHIN ONE HUNDRED EIGHTY  DAYS  OF
   29  THE EFFECTIVE DATE OF THIS ARTICLE.
   30    S  275-E. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
   31  PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT  JURIS-
   32  DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
   33  DATE  THE  REMAINDER  THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
   34  THE CLAUSE, SENTENCE,  PARAGRAPH,  SECTION,  OR  PART  THEREOF  DIRECTLY
   35  INVOLVED  IN  THE  CONTROVERSY  IN  WHICH  SUCH JUDGMENT SHALL HAVE BEEN
   36  RENDERED.
   37    S 275-F. LOCAL LAWS.  THIS ARTICLE SHALL NOT  PREVENT  THE  ESTABLISH-
   38  MENT,  CONTINUING  IN  EFFECT OR ENFORCEMENT OF ANY LAW OR REGULATION OF
   39  ANY POLITICAL SUBDIVISION OF THE  STATE  THAT  PROTECTS  THE  RIGHTS  OR
   40  FOSTERS  THE  INTEGRATION  OF  NEW  YORK  STATE CITIZENS IN A MANNER NOT
   41  INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
   42    S 4. Subdivision 1 of section 5-102 of the election law is amended  to
   43  read as follows:
   44    1.  No  person  shall  be  qualified  to  register for and vote at any
   45  election unless he OR SHE is a citizen of the United States OR HE OR SHE
   46  POSSESSES A NEW YORK STATE IDENTIFICATION CARD, and is or  will  be,  on
   47  the  day of such election, eighteen years of age or over, and a resident
   48  of this state and of the county, city or village for a minimum of thirty
   49  days next preceding such election.
   50    S 5. Subdivision 1 of section 3 of the public officers law, as amended
   51  by chapter 251 of the laws of 2014, is amended to read as follows:
   52    1. No person shall be capable of holding a civil office who shall not,
   53  at the time he or she shall be chosen thereto, have attained the age  of
   54  eighteen  years,  except that in the case of youth boards, youth commis-
   55  sions, recreation commissions, or community boards in the  city  of  New
   56  York only, members of such boards or commissions may be under the age of
       S. 776                              5
    1  eighteen  years,  but  must have attained the age of sixteen years on or
    2  before appointment to such youth  board,  youth  commission,  recreation
    3  commission,  or community board in the city of New York, be a citizen of
    4  the  United States OR A NEW YORK STATE CITIZEN, a resident of the state,
    5  and if it be a local office, a resident of the political subdivision  or
    6  municipal  corporation of the state for which he or she shall be chosen,
    7  or within which the electors electing him or her reside, or within which
    8  his or her official functions are required to be exercised, or who shall
    9  have been or shall be convicted of a violation of  the  selective  draft
   10  act  of  the  United  States,  enacted  May eighteenth, nineteen hundred
   11  seventeen, or the acts amendatory or supplemental  thereto,  or  of  the
   12  federal  selective training and service act of nineteen hundred forty or
   13  the acts amendatory thereof or supplemental thereto.
   14    S 6. Subparagraphs vi and vii of paragraph (b)  of  subdivision  2  of
   15  section  89 of the public officers law, as amended by section 11 of part
   16  U of chapter 61 of the laws of 2011, are amended and  two  new  subpara-
   17  graphs viii and ix are added to read as follows:
   18    vi.  information  of a personal nature contained in a workers' compen-
   19  sation record, except as provided by section one hundred  ten-a  of  the
   20  workers' compensation law; [or]
   21    vii.  disclosure  of electronic contact information, such as an e-mail
   22  address or a social network username, that has  been  collected  from  a
   23  taxpayer under section one hundred four of the real property tax law[.];
   24    VIII. DISCLOSURE OF INFORMATION USED TO OBTAIN NEW YORK STATE CITIZEN-
   25  SHIP  ON  A NEW YORK STATE IDENTIFICATION CARD INCLUDING BUT NOT LIMITED
   26  TO NAMES, ADDRESSES AND IDENTIFYING INFORMATION OF RECIPIENTS OR  APPLI-
   27  CANTS  OF  SUCH  CITIZENSHIP  OR  CARDS,  AND ANY INFORMATION THAT COULD
   28  REASONABLY BE EXPECTED TO LEAD TO SUCH DISCLOSURE; OR
   29    IX. DISCLOSURE OF INFORMATION WHEN DISCLOSURE WOULD  RESULT  IN  IDEN-
   30  TIFICATION OF PEOPLE WHO ARE NEW YORK STATE CITIZENS.
   31    S  7. Subdivision 2 of section 5 of the tax law, as amended by chapter
   32  170 of the laws of 1994, is amended to read as follows:
   33    2. Requiring information. Notwithstanding any other provision of  law,
   34  every  covered  agency  shall,  as  part  of the procedure for granting,
   35  renewing, amending, supplementing or restating the license of any person
   36  or at the time the covered agency contracts  to  purchase  or  purchases
   37  goods  or  services or leases real or personal property from any person,
   38  require that each  such  person  provide  to  the  covered  agency  such
   39  person's  federal  social security account number [or], federal employer
   40  identification number OR NEW YORK STATE IDENTIFICATION NUMBER, or [both]
   41  ALL such numbers  when  such  person  has  [both]  MORE  THAN  ONE  such
   42  [numbers]  NUMBER,  or,  where  such person does not have such number or
   43  numbers, the reason or reasons why such person does not have such number
   44  or numbers. Such numbers or reasons shall be obtained  by  such  covered
   45  agency  as  part  of the administration of the taxes administered by the
   46  commissioner for the  purpose  of  establishing  the  identification  of
   47  persons affected by such taxes.
   48    S  8. Subparagraph 3 of paragraph (a) of subdivision 3 of section 5 of
   49  the tax law, as amended by chapter 170 of the laws of 1994,  is  amended
   50  to read as follows:
   51    (3)  federal  social  security  account  number [or], federal employer
   52  identification number OR NEW YORK STATE IDENTIFICATION NUMBER, or [both]
   53  ALL such numbers where  such  person  has  [both]  MORE  THAN  ONE  such
   54  [numbers]  NUMBER,  or  the reason or reasons, furnished by such person,
   55  why such person does not have such number or numbers.
       S. 776                              6
    1    S 9. The opening paragraph of subdivision 2 of section  3-503  of  the
    2  general  obligations law, as amended by chapter 398 of the laws of 1997,
    3  is amended to read as follows:
    4    Every  applicant for a license or renewal thereof shall provide his or
    5  her social security number OR, IF HE OR SHE DOES NOT HAVE A SOCIAL SECU-
    6  RITY NUMBER, HIS OR HER NEW YORK  STATE  IDENTIFICATION  NUMBER  on  the
    7  application.    Additionally,  every  applicant for a license or renewal
    8  thereof shall certify in the application in a  written  statement  under
    9  oath,  duly sworn and subscribed, that as of the date the application is
   10  filed he or she is (or is not) under obligation to pay child support and
   11  that if he or she is under such an obligation, that he or she  does  (or
   12  does not) meet one of the following requirements:
   13    S  10. Paragraph (f) of subdivision 6 of section 6506 of the education
   14  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
   15  as follows:
   16    (f)  Citizenship  or  immigration  status:  be a United States citizen
   17  [or], an alien lawfully admitted for permanent residence in  the  United
   18  States OR A NEW YORK STATE CITIZEN;
   19    S  11.  Subdivision 6 of section 6524 of the education law, as amended
   20  by chapter 379 of the laws of 2008, is amended to read as follows:
   21    (6) Citizenship or immigration status:  be  a  United  States  citizen
   22  [or],  an  alien lawfully admitted for permanent residence in the United
   23  States[; provided, however that the board of regents may grant  a  three
   24  year waiver for an alien physician to practice in an area which has been
   25  designated  by  the department as medically underserved, except that the
   26  board of regents may grant an additional extension  not  to  exceed  six
   27  years  to  an alien physician to enable him or her to secure citizenship
   28  or permanent resident status, provided such  status  is  being  actively
   29  pursued;  and  provided  further  that the board of regents may grant an
   30  additional three year waiver, and at its expiration, an extension for  a
   31  period  not  to  exceed  six additional years, for the holder of an H-1b
   32  visa, an O-1 visa, or an equivalent or successor visa thereto] OR A  NEW
   33  YORK STATE CITIZEN;
   34    S  12.  Subdivision 6 of section 6554 of the education law, as amended
   35  by chapter 133 of the laws of 1982, is amended to read as follows:
   36    (6) Citizenship or immigration status:  be  a  United  States  citizen
   37  [or],  an  alien lawfully admitted for permanent residence in the United
   38  States OR A NEW YORK STATE CITIZEN;
   39    S 13. Subdivision 6 of section 6604 of the education law,  as  amended
   40  by chapter 403 of the laws of 2002, is amended to read as follows:
   41    (6)  Citizenship  or  immigration  status:  be a United States citizen
   42  [or], an alien lawfully admitted for permanent residence in  the  United
   43  States[;  provided, however, that the board of regents may grant a three
   44  year waiver for an alien to practice in an area which  has  been  desig-
   45  nated a federal dental health professions shortage area, except that the
   46  board  of  regents  may  grant an additional extension not to exceed six
   47  years to an alien to enable him or her to secure citizenship  or  perma-
   48  nent resident status, provided such status is being actively pursued] OR
   49  A NEW YORK STATE CITIZEN;
   50    S  14.  Subdivision 7 of section 6604-b of the education law, as added
   51  by chapter 537 of the laws of 2008, is amended to read as follows:
   52    7. In order to be eligible for a restricted dental faculty license  an
   53  applicant must be a United States citizen [or], an alien lawfully admit-
   54  ted  for  permanent  residence in the United States[; provided, however,
   55  that the department may grant a three  year  waiver  for  an  alien  who
   56  otherwise  meets  all other requirements for a restricted dental faculty
       S. 776                              7
    1  license except that the department may grant an additional extension not
    2  to exceed six years to an alien to enable him or her to secure  citizen-
    3  ship or permanent resident status, provided such status is being active-
    4  ly  pursued.  No current faculty member shall be displaced by the holder
    5  of a restricted dental faculty license] OR A NEW YORK STATE CITIZEN.
    6    S 15. Subdivision 6 of section 6609 of the education law,  as  amended
    7  by chapter 403 of the laws of 2002, is amended to read as follows:
    8    (6)  Citizenship  or  immigration  status:  be a United States citizen
    9  [or], an alien lawfully admitted for permanent residence in  the  United
   10  States[;  provided, however, that the board of regents may grant a three
   11  year waiver for an alien to practice in an area which  has  been  desig-
   12  nated a federal dental health professions shortage area, except that the
   13  board  of  regents  may  grant an additional extension not to exceed six
   14  years to an alien to enable him or her to secure citizenship  or  perma-
   15  nent resident status, provided such status is being actively pursued] OR
   16  A NEW YORK STATE CITIZEN;
   17    S  16.  Subdivision 6 of section 6704 of the education law, as amended
   18  by chapter 201 of the laws of 2007, is amended to read as follows:
   19    (6) Citizenship or immigration status:  be  a  United  States  citizen
   20  [or],  an  alien lawfully admitted for permanent residence in the United
   21  States[; provided, however that the board of regents may  grant  a  one-
   22  time  three-year  waiver  for  a  veterinarian  who  otherwise meets the
   23  requirements of this article and who has accepted an offer  to  practice
   24  veterinary  medicine  in  a county in the state which the department has
   25  certified as having a shortage of qualified applicants to fill  existing
   26  vacancies in veterinary medicine, and provided further that the board of
   27  regents  may  grant  an  extension of such three-year waiver of not more
   28  than one year] OR A NEW YORK STATE CITIZEN;
   29    S 17. Subdivision 6 of section 6711 of the education law,  as  amended
   30  by chapter 80 of the laws of 2000, is amended to read as follows:
   31    6. Citizenship or immigration status: be a United States citizen [or],
   32  an  alien  lawfully  admitted  for  permanent  residence  in  the United
   33  States[; provided, however that the board of regents may  grant  a  one-
   34  time  three-year  waiver  for  an animal health technician who otherwise
   35  meets the requirements of this article and  provided  further  that  the
   36  board of regents may grant an extension of such three-year waiver of not
   37  more than one year] OR A NEW YORK STATE CITIZEN;
   38    S 18. Subdivision 1 of section 6711-a of the education law, as amended
   39  by chapter 333 of the laws of 1990, is amended to read as follows:
   40    1.  Eligibility.  Persons  shall  be eligible for a limited permit who
   41  fulfill all requirements for a license as a veterinary technician except
   42  those relating to the examination [and citizenship  or  permanent  resi-
   43  dence in the United States].
   44    S  19.  Paragraph  6 of subdivision 1 of section 6805 of the education
   45  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
   46  as follows:
   47    (6)  Citizenship  or  immigration  status:  be a United States citizen
   48  [or], an alien lawfully admitted for permanent residence in  the  United
   49  States OR A NEW YORK STATE CITIZEN;
   50    S  20. Subdivision 6 of section 6955 of the education law, as added by
   51  chapter 327 of the laws of 1992, is amended to read as follows:
   52    6. Citizenship or immigration status: be a United States citizen [or],
   53  an alien lawfully admitted for permanent residence in the United  States
   54  OR A NEW YORK STATE CITIZEN.
       S. 776                              8
    1    S  21.  Paragraph  6 of subdivision 1 of section 7206 of the education
    2  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    3  as follows:
    4    (6)  Citizenship  or  immigration  status:  be a United States citizen
    5  [or], an alien lawfully admitted for permanent residence in  the  United
    6  States OR A NEW YORK STATE CITIZEN;
    7    S  22. Paragraph 6 of subdivision 1 of section 7206-a of the education
    8  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    9  as follows:
   10    (6)  Citizenship  or  immigration  status:  be a United States citizen
   11  [or], an alien lawfully admitted for permanent residence in  the  United
   12  States OR A NEW YORK STATE CITIZEN;
   13    S  23.  Paragraph  6 of subdivision 1 of section 7324 of the education
   14  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
   15  as follows:
   16    (6)  Citizenship  or  immigration  status:  be a United States citizen
   17  [or], an alien lawfully admitted for permanent residence in  the  United
   18  States OR A NEW YORK STATE CITIZEN;
   19    S  24.  Paragraph  6 of subdivision 1 of section 7504 of the education
   20  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
   21  as follows:
   22    (6) Citizenship or immigration status: be a United States citizen [or]
   23  ,  an  alien  lawfully  admitted  for  permanent residence in the United
   24  States OR A NEW YORK STATE CITIZEN;
   25    S 25. Subdivision 5 of section 7804 of the education law,  as  amended
   26  by chapter 230 of the laws of 1997, is amended to read as follows:
   27    (5)  Citizenship  or  immigration  status:  be a United States citizen
   28  [or], an alien lawfully admitted for permanent residence in  the  United
   29  States OR A NEW YORK STATE CITIZEN;
   30    S  26.  Subdivisions  3 and 4 of section 126 of the alcoholic beverage
   31  control law, subdivision 3 as added by chapter 133 of the laws  of  1982
   32  and  subdivision  4  as  amended by section 50 of subpart B of part C of
   33  chapter 62 of the laws of 2011, are amended to read as follows:
   34    3. A person who is not a citizen of the United States [or],  an  alien
   35  lawfully  admitted for permanent residence in the United States OR A NEW
   36  YORK STATE CITIZEN.
   37    4. A copartnership or a corporation, unless each member of  the  part-
   38  nership,  or  each of the principal officers and directors of the corpo-
   39  ration, is a citizen of the United States [or], an alien lawfully admit-
   40  ted for permanent residence in the United States OR  A  NEW  YORK  STATE
   41  CITIZEN,  not  less  than  twenty-one  years  of  age,  and has not been
   42  convicted of any felony or any of the misdemeanors, specified in section
   43  eleven hundred forty-six of the former penal law as in force and  effect
   44  immediately  prior  to September first, nineteen hundred sixty-seven, or
   45  of an offense defined in section 230.20 or 230.40 of the penal  law,  or
   46  if  so  convicted has received, subsequent to such conviction, an execu-
   47  tive pardon therefor removing this  disability  a  certificate  of  good
   48  conduct  granted  by  the department of corrections and community super-
   49  vision, or a certificate of relief  from  disabilities  granted  by  the
   50  department  of  corrections and community supervision or a court of this
   51  state  pursuant  to  the  provisions  of  article  twenty-three  of  the
   52  correction  law  to  remove the disability under this section because of
   53  such conviction; provided however that  a  corporation  which  otherwise
   54  conforms to the requirements of this section and chapter may be licensed
   55  if  each  of its principal officers and more than one-half of its direc-
   56  tors are citizens of the United States [or],  aliens  lawfully  admitted
       S. 776                              9
    1  for permanent residence in the United States OR NEW YORK STATE CITIZENS;
    2  and provided further that a corporation organized under the not-for-pro-
    3  fit corporation law or the education law which otherwise conforms to the
    4  requirements  of this section and chapter may be licensed if each of its
    5  principal officers and more than one-half of its directors are not  less
    6  than  twenty-one  years  of  age and none of its directors are less than
    7  eighteen years of age; and provided further that a corporation organized
    8  under the not-for-profit  corporation  law  or  the  education  law  and
    9  located  on  the  premises of a college as defined by section two of the
   10  education law which otherwise  conforms  to  the  requirements  of  this
   11  section  and  chapter  may be licensed if each of its principal officers
   12  and each of its directors are not less than eighteen years of age.
   13    S 27. Section 10 of the general city law, as amended by chapter 133 of
   14  the laws of 1982, is amended to read as follows:
   15    S 10. Licenses to adult blind persons. The mayor  of  any  city  shall
   16  have  the  power  to  issue  a license to any adult blind person for the
   17  vending of goods, or newspapers in such places as  he  OR  SHE  may  set
   18  aside  for  this  purpose. The license shall be issued for a term of one
   19  year and no charge shall be made for the license. A license shall not be
   20  issued to a blind person unless he or she is a resident for three  years
   21  in  the  city  in  which  application for such license is made, and is a
   22  citizen of the United States [or], an alien lawfully admitted for perma-
   23  nent residence in the United States OR A NEW YORK STATE CITIZEN.
   24    This license shall be revocable only for cause.
   25    S 28. Paragraphs (a) and (c) of subdivision 2 of article X of  section
   26  1  of  part I of chapter 882 of the laws of 1953, establishing a compact
   27  with the state of New Jersey for the elimination of criminal and corrupt
   28  practices in the handling of waterborne freight within the port  of  New
   29  York district, are amended to read as follows:
   30    (a)  The  full  name,  residence, business address (if any), place and
   31  date of birth, and THE social security number  OR  THE  NEW  YORK  STATE
   32  IDENTIFICATION NUMBER of the applicant;
   33    (c)  The  citizenship of the applicant and, if he OR SHE is a natural-
   34  ized citizen of the United States, the court and  date  of  his  OR  HER
   35  naturalization, OR IF HE OR SHE IS A NEW YORK STATE CITIZEN, THE DATE OF
   36  ISSUANCE OF HIS OR HER NEW YORK STATE IDENTIFICATION CARD; and
   37    S  29.  Paragraph  (a)  of subdivision 2 of section 3421 of the public
   38  health law, as amended by chapter 534 of the laws of 1983, is amended to
   39  read as follows:
   40    (a) is a citizen of the United States [or], an alien lawfully admitted
   41  for permanent residence in  the  United  States  OR  A  NEW  YORK  STATE
   42  CITIZEN;
   43    S  30.  Section  41 of the general business law, as amended by chapter
   44  321 of the laws of 1983, is amended to read as follows:
   45    S 41. Licenses, how obtained; penalty for carrying on business without
   46  license. The mayor or such local licensing authority may  from  time  to
   47  time  grant,  under  his OR HER hand and the official seal of his OR HER
   48  office, to such citizens OF THE  UNITED  STATES,  [or]  aliens  lawfully
   49  admitted  for permanent residence in the United States OR NEW YORK STATE
   50  CITIZENS, as he OR SHE shall deem proper and who shall produce to him OR
   51  HER satisfactory evidence of their good character, a license authorizing
   52  such person to carry on the business of a collateral loan broker,  which
   53  license  shall  designate  the house in which such person shall carry on
   54  said business, and no person, corporation,  partnership  or  firm  shall
   55  carry  on  the  business  of a collateral loan broker without being duly
   56  licensed, nor in any  other  house  than  the  one  designated  in  said
       S. 776                             10
    1  license,  under a penalty of one hundred dollars for each day he, SHE or
    2  they shall exercise or carry on said business without such license or at
    3  any other house than the one so designated. Any  person  receiving  such
    4  license  shall  pay therefor the sum of five hundred dollars for the use
    5  of the city yearly where such business is to be conducted in a city with
    6  a population of more than one million persons, and where the business is
    7  to be conducted elsewhere the fee for such license shall not exceed  two
    8  hundred  fifty  dollars  yearly, and every such license shall expire one
    9  year from the date thereof, and may be renewed  on  application  to  the
   10  mayor or local licensing authority each and every year on payment of the
   11  same  sum and upon performance of the other conditions herein contained.
   12  Every person so licensed shall, at the time of receiving  such  license,
   13  file  with the mayor or such local licensing authority granting the same
   14  a bond to the local  authorities,  to  be  executed  by  the  person  so
   15  licensed  and by two responsible sureties, in the penal sum of ten thou-
   16  sand dollars, to be approved by such mayor or local licensing authority,
   17  which bond shall be conditioned for  the  faithful  performance  of  the
   18  duties  and  obligations pertaining to the business so licensed, and the
   19  mayor or such local  licensing  authority  shall  have  full  power  and
   20  authority to revoke such license for cause.
   21    S  31.  Subdivision  1  of  section 72 of the general business law, as
   22  amended by chapter 164 of the laws  of  2003,  is  amended  to  read  as
   23  follows:
   24    1.  If  the applicant is a person, the application shall be subscribed
   25  by such person, and if the applicant is a firm or partnership the appli-
   26  cation shall be subscribed by each individual composing or intending  to
   27  compose  such  firm or partnership. The application shall state the full
   28  name, age, residences within the past three years, present and  previous
   29  occupations  of each person or individual so signing the same, that each
   30  person or individual is a citizen of the United States  [or],  an  alien
   31  lawfully  admitted for permanent residence in the United States OR A NEW
   32  YORK STATE CITIZEN and shall also specify the name of the city, town  or
   33  village,  stating  the  street and number, if the premises have a street
   34  and number, and otherwise such apt description as will reasonably  indi-
   35  cate the location thereof, where is to be located the principal place of
   36  business and the bureau, agency, sub-agency, office or branch office for
   37  which  the license is desired, and such further facts as may be required
   38  by the department of state to show the good  character,  competency  and
   39  integrity of each person or individual so signing such application. Each
   40  person  or individual signing such application shall, together with such
   41  application, submit to the department of state, his OR  HER  photograph,
   42  taken within six months prior thereto in duplicate, in passport size and
   43  also  two  sets of fingerprints of his OR HER two hands recorded in such
   44  manner as may be specified by the secretary of state or the secretary of
   45  state's authorized representative. Before approving such application  it
   46  shall  be the duty of the secretary of state or the secretary of state's
   47  authorized representative to forward one copy of  such  fingerprints  to
   48  the  division of criminal justice services. Upon receipt of such finger-
   49  prints, such division shall forward to the secretary of state  a  report
   50  with  respect to the applicant's previous criminal history, if any, or a
   51  statement that the applicant has no previous criminal history  according
   52  to  its  files.  If  additional  copies of fingerprints are required the
   53  applicant shall furnish them upon  request.  Such  fingerprints  may  be
   54  submitted to the federal bureau of investigation for a national criminal
   55  history  record check. The secretary shall reveal the name of the appli-
   56  cant to the chief of police and the district attorney of the applicant's
       S. 776                             11
    1  residence and of the proposed place of business  and  shall  request  of
    2  them  a  report  concerning  the applicant's character in the event they
    3  shall have information concerning it.  The  secretary  shall  take  such
    4  other steps as may be necessary to investigate the honesty, good charac-
    5  ter  and integrity of each applicant. Every such applicant for a license
    6  as private investigator shall  establish  to  the  satisfaction  of  the
    7  secretary of state (a) if the applicant be a person, or, (b) in the case
    8  of  a  firm,  limited  liability company, partnership or corporation, at
    9  least one member of such firm, partnership, limited liability company or
   10  corporation, has been regularly employed, for a period of not less  than
   11  three  years,  undertaking  such  investigations  as  those described as
   12  performed by a private investigator in subdivision one of section seven-
   13  ty-one of this article, as a sheriff, police officer in a city or county
   14  police department, or the division of state police, investigator  in  an
   15  agency of the state, county, or United States government, or employee of
   16  a  licensed  private investigator, or has had an equivalent position and
   17  experience or that such person or member was an  employee  of  a  police
   18  department who rendered service therein as a police officer for not less
   19  than  twenty  years or was an employee of a fire department who rendered
   20  service therein as a fire marshal for not less than twenty years. Howev-
   21  er, employment as a watchman, guard or private patrolman  shall  not  be
   22  considered  employment  as a "private investigator" for purposes of this
   23  section. Every such applicant for a license as watch,  guard  or  patrol
   24  agency shall establish to the satisfaction of the secretary of state (a)
   25  if  the  applicant  be  a person, or, (b) in the case of a firm, limited
   26  liability company, partnership or corporation, at least  one  member  of
   27  such  firm,  partnership,  limited liability company or corporation, has
   28  been regularly employed, for a  period  of  not  less  than  two  years,
   29  performing  such duties or providing such services as described as those
   30  performed or furnished by a watch, guard or patrol agency in subdivision
   31  two of section seventy-one of this article, as a sheriff, police officer
   32  in a city or county police department, or employee of an agency  of  the
   33  state,  county or United States government, or licensed private investi-
   34  gator or watch, guard or patrol agency, or has had an  equivalent  posi-
   35  tion  and  experience;  qualifying  experience shall have been completed
   36  within such period of time and at such time prior to the filing  of  the
   37  application  as  shall  be  satisfactory  to the secretary of state. The
   38  person or member meeting the experience requirement under this  subdivi-
   39  sion and the person responsible for the operation and management of each
   40  bureau,  agency,  sub-agency,  office  or branch office of the applicant
   41  shall provide sufficient proof of having  taken  and  passed  a  written
   42  examination  prescribed  by  the secretary of state to test their under-
   43  standing of their rights, duties and powers as  a  private  investigator
   44  and/or  watchman, guard or private patrolman, depending upon the work to
   45  be performed under the license. In the case of an application subscribed
   46  by a resident of the  state  of  New  York  such  application  shall  be
   47  approved,  as to each resident person or individual so signing the same,
   48  but not less than five reputable citizens of the community in which such
   49  applicant resides or transacts business, or in which it is  proposed  to
   50  own,  conduct, manage or maintain the bureau, agency, sub-agency, office
   51  or branch office for which the license is desired, each  of  whom  shall
   52  subscribe and affirm as true, under the penalties of perjury, that he OR
   53  SHE  has  personally known the said person or individual for a period of
   54  at least five years prior to the filing of such application, that he  OR
   55  SHE  has  read such application and believes each of the statements made
   56  therein to be true, that such person is honest, of  good  character  and
       S. 776                             12
    1  competent,  and  not related or connected to the person so certifying by
    2  blood or marriage. In the case of an application subscribed by a non-re-
    3  sident of the state of New York such application shall be  approved,  as
    4  to  each  non-resident  person  or individual so signing the same by not
    5  less than five reputable citizens of the community in which such  appli-
    6  cant  resides.  The  certificate  of  approval  shall  be signed by such
    7  reputable citizens and duly verified and acknowledged by them before  an
    8  officer  authorized  to  take  oaths  and  acknowledgment  of deeds. All
    9  provisions of this section, applying to corporations, shall  also  apply
   10  to  joint-stock  associations, except that each such joint-stock associ-
   11  ation shall file a duly certified copy of its certificate  of  organiza-
   12  tion  in  the place of the certified copy of its certificate of incorpo-
   13  ration herein required.
   14    S 32. Subdivision 4 of section 89-h of the general  business  law,  as
   15  added by chapter 336 of the laws of 1992, is amended to read as follows:
   16    4.  Citizenship:  be a UNITED STATES citizen [or], A resident alien of
   17  the United States OR A NEW YORK STATE CITIZEN;
   18    S 33. The opening paragraph of section 440-a of the real property law,
   19  as amended by section 23 of part LL of chapter 56 of the laws  of  2010,
   20  is amended to read as follows:
   21    No  person,  co-partnership,  limited liability company or corporation
   22  shall engage in or follow the business or occupation of, or hold himself
   23  or itself out or act temporarily or otherwise as a real estate broker or
   24  real estate salesman in this state without  first  procuring  a  license
   25  therefor  as  provided in this article. No person shall be entitled to a
   26  license as a real estate broker under this article, either as  an  indi-
   27  vidual  or as a member of a co-partnership, or as a member or manager of
   28  a limited liability company or as an officer of a corporation, unless he
   29  or she is twenty years of age or over, a citizen of  the  United  States
   30  [or],  an  alien lawfully admitted for permanent residence in the United
   31  States OR A NEW YORK STATE CITIZEN. No person shall  be  entitled  to  a
   32  license as a real estate salesman under this article unless he or she is
   33  over the age of eighteen years. No person shall be entitled to a license
   34  as  a  real estate broker or real estate salesman under this article who
   35  has been convicted in this state or elsewhere of  a  felony,  of  a  sex
   36  offense,  as  defined  in  subdivision two of section one hundred sixty-
   37  eight-a of the correction law or any offense committed outside  of  this
   38  state  which  would  constitute  a  sex  offense,  or a sexually violent
   39  offense, as defined in subdivision three of section one  hundred  sixty-
   40  eight-a  of  the  correction  law  or any offense committed outside this
   41  state which would constitute a sexually violent offense, and who has not
   42  subsequent to such conviction received executive pardon  therefor  or  a
   43  certificate of relief from disabilities or a certificate of good conduct
   44  pursuant  to  article  twenty-three of the correction law, to remove the
   45  disability under this section because  of  such  conviction.  No  person
   46  shall  be  entitled  to a license as a real estate broker or real estate
   47  salesman under this article  who  does  not  meet  the  requirements  of
   48  section 3-503 of the general obligations law.
   49    S  34.  Section 460 of the judiciary law, as amended by chapter 226 of
   50  the laws of 1985, is amended to read as follows:
   51    S 460. Examination and admission of attorneys. An applicant for admis-
   52  sion to practice as an attorney or counsellor in  this  state,  must  be
   53  examined  and  licensed to practice as prescribed in this chapter and in
   54  the rules of the court of appeals.  Race, creed, color, national origin,
   55  alienage [or], sex, STATUS AS A NEW YORK STATE CITIZEN OR FEDERAL  IMMI-
       S. 776                             13
    1  GRATION  CARD shall constitute no cause for refusing any person examina-
    2  tion or admission to practice.
    3    S  35. Subdivision 1 of section 502 of the vehicle and traffic law, as
    4  separately amended by chapters 465 and 487  of  the  laws  of  2012,  is
    5  REPEALED and a new subdivision 1 is added to read as follows:
    6    1.  APPLICATION  FOR  LICENSE.  (A) APPLICATION FOR A DRIVER'S LICENSE
    7  SHALL BE MADE TO THE COMMISSIONER. THE FEE  PRESCRIBED  BY  LAW  MAY  BE
    8  SUBMITTED  WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH PROOF
    9  OF IDENTITY, AGE, AND FITNESS AS MAY BE REQUIRED  BY  THE  COMMISSIONER.
   10  THE  COMMISSIONER  MAY ALSO PROVIDE THAT THE APPLICATION PROCEDURE SHALL
   11  INCLUDE THE TAKING OF A PHOTO  IMAGE  OR  IMAGES  OF  THE  APPLICANT  IN
   12  ACCORDANCE WITH RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN
   13  ADDITION, THE COMMISSIONER ALSO SHALL REQUIRE THAT THE APPLICANT PROVIDE
   14  HIS  OR  HER  SOCIAL  SECURITY NUMBER OR A NEW YORK STATE IDENTIFICATION
   15  NUMBER AND SHALL PROVIDE SPACE ON THE APPLICATION SO THAT THE  APPLICANT
   16  MAY REGISTER IN THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY UNDER
   17  SECTION  FORTY-THREE  HUNDRED  TEN  OF  THE  PUBLIC  HEALTH LAW WITH THE
   18  FOLLOWING STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE:
   19    "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO  BE  ADDED
   20  TO  THE  DONATE  LIFE  REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
   21  TION'."
   22    THE COMMISSIONER OF  THE  DEPARTMENT  OF  HEALTH  SHALL  NOT  MAINTAIN
   23  RECORDS  OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK
   24  A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION,  AND  FAILURE  TO
   25  CHECK  "YES"  OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO
   26  IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT  UNDER  EIGHTEEN
   27  YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
   28  ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE  REGISTRY.  WHERE  AN
   29  APPLICANT  HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
   30  TERED IN THE DONATE LIFE REGISTRY,  CHECKING  "SKIP  THIS  QUESTION"  OR
   31  FAILING  TO  CHECK  A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
   32  THE COMMISSIONER SHALL PROVIDE SPACE ON  THE  APPLICATION  SO  THAT  THE
   33  APPLICANT  MAY  REQUEST  NOTATION  UPON SUCH LICENSE THAT HE OR SHE IS A
   34  VETERAN OF THE UNITED STATED ARMED FORCES.   IN ADDITION,  AN  APPLICANT
   35  FOR  A  COMMERCIAL  DRIVER'S LICENSE WHO WILL OPERATE A COMMERCIAL MOTOR
   36  VEHICLE IN INTERSTATE COMMERCE SHALL CERTIFY THAT SUCH  APPLICANT  MEETS
   37  THE  REQUIREMENTS TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS SET FORTH IN
   38  PUBLIC LAW 99-570, TITLE XII, AND TITLE 49 OF THE CODE OF FEDERAL  REGU-
   39  LATIONS,  AND ALL REGULATIONS PROMULGATED BY THE UNITED STATES SECRETARY
   40  OF TRANSPORTATION UNDER THE HAZARDOUS MATERIALS TRANSPORTATION  ACT.  IN
   41  ADDITION,  AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE SHALL SUBMIT A
   42  MEDICAL CERTIFICATE AT SUCH INTERVALS AS REQUIRED BY THE  FEDERAL  MOTOR
   43  CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF
   44  THE CODE OF FEDERAL REGULATIONS RELATING TO MEDICAL CERTIFICATION AND IN
   45  A  MANNER  PRESCRIBED  BY THE COMMISSIONER. FOR PURPOSES OF THIS SECTION
   46  AND SECTIONS FIVE HUNDRED THREE, FIVE HUNDRED TEN-A,  AND  FIVE  HUNDRED
   47  TEN-AA  OF  THIS  TITLE,  THE  TERMS  "MEDICAL CERTIFICATE" AND "MEDICAL
   48  CERTIFICATION" SHALL MEAN A FORM SUBSTANTIALLY IN  COMPLIANCE  WITH  THE
   49  FORM  SET  FORTH  IN  PART  391.43(H) OF TITLE 49 OF THE CODE OF FEDERAL
   50  REGULATIONS. UPON A DETERMINATION THAT THE HOLDER OF A COMMERCIAL  DRIV-
   51  ER'S  LICENSE HAS MADE ANY FALSE STATEMENT, WITH RESPECT TO THE APPLICA-
   52  TION FOR SUCH LICENSE, THE COMMISSIONER SHALL REVOKE SUCH LICENSE.
   53    (B) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS CLARIFYING
   54  THAT ELIGIBILITY FOR A DRIVER'S LICENSE SHALL NOT REQUIRE  AN  APPLICANT
   55  TO  PROVIDE  A  SOCIAL SECURITY NUMBER AS PROOF OF IDENTITY. THE COMMIS-
   56  SIONER SHALL PROVIDE FOR THE ACCEPTANCE OF ALTERNATIVE PROOFS OF IDENTI-
       S. 776                             14
    1  TY, INCLUDING NEW YORK STATE IDENTIFICATION CARDS,  FOREIGN  IDENTIFICA-
    2  TION CARDS, FOREIGN BIRTH CERTIFICATES AND FOREIGN PASSPORTS.
    3    S  36. Subdivision 1 of section 502 of the vehicle and traffic law, as
    4  added by section thirty-five of this act, is amended to read as follows:
    5    1. Application for license. (a) Application  for  a  driver's  license
    6  shall  be  made  to  the  commissioner. The fee prescribed by law may be
    7  submitted with such application. The applicant shall furnish such  proof
    8  of  identity,  age,  and fitness as may be required by the commissioner.
    9  The commissioner may also provide that the application  procedure  shall
   10  include  the  taking  of  a  photo  image  or images of the applicant in
   11  accordance with rules and regulations prescribed by the commissioner. In
   12  addition, the commissioner also shall require that the applicant provide
   13  his or her social security number or a  New  York  state  identification
   14  number  and  [shall] provide space on the application so that the appli-
   15  cant may register in the New York state organ and tissue donor  registry
   16  under section forty-three hundred ten of the public health law [with the
   17  following stated on the application in clear and conspicuous type:
   18    "You  must  fill out the following section: Would you like to be added
   19  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
   20  tion'."
   21    The  commissioner  of  the  department  of  health  shall not maintain
   22  records of any person who checks "skip this question". Failure to  check
   23  a  box  shall  not impair the validity of an application, and failure to
   24  check "yes" or checking "skip this question" shall not be  construed  to
   25  imply  a  wish not to donate. In the case of an applicant under eighteen
   26  years of age, checking "yes" shall not constitute  consent  to  make  an
   27  anatomical  gift  or  registration in the donate life registry. Where an
   28  applicant has previously consented to make an anatomical gift or  regis-
   29  tered  in  the  donate  life  registry, checking "skip this question" or
   30  failing to check a box shall not impair that  consent  or  registration.
   31  The  commissioner  shall  provide]; AND space on the application so that
   32  the applicant may request notation upon such license that he or she is a
   33  veteran of the United Stated armed forces.   In addition,  an  applicant
   34  for  a  commercial  driver's license who will operate a commercial motor
   35  vehicle in interstate commerce shall certify that such  applicant  meets
   36  the  requirements to operate a commercial motor vehicle, as set forth in
   37  public law 99-570, title XII, and title 49 of the code of federal  regu-
   38  lations,  and all regulations promulgated by the United States secretary
   39  of transportation under the hazardous materials transportation  act.  In
   40  addition,  an applicant for a commercial driver's license shall submit a
   41  medical certificate at such intervals as required by the  federal  motor
   42  carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of
   43  the code of federal regulations relating to medical certification and in
   44  a  manner  prescribed  by the commissioner. For purposes of this section
   45  and sections five hundred three, five hundred ten-a,  and  five  hundred
   46  ten-aa  of  this  title,  the  terms  "medical certificate" and "medical
   47  certification" shall mean a form substantially in  compliance  with  the
   48  form  set  forth  in  Part  391.43(h) of title 49 of the code of federal
   49  regulations. Upon a determination that the holder of a commercial  driv-
   50  er's  license has made any false statement, with respect to the applica-
   51  tion for such license, the commissioner shall revoke such license.
   52    (b) The commissioner shall promulgate rules and regulations clarifying
   53  that eligibility for a driver's license shall not require  an  applicant
   54  to  provide  a  social security number as proof of identity. The commis-
   55  sioner shall provide for the acceptance of alternative proofs of identi-
       S. 776                             15
    1  ty, including New York state identification cards,  foreign  identifica-
    2  tion cards, foreign birth certificates and foreign passports.
    3    S 37. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
    4  of the executive law, paragraph (a) as amended by chapter 80 of the laws
    5  of  2009 and paragraphs (b), (c) and (d) as amended by chapter 75 of the
    6  laws of 2005, are amended to read as follows:
    7    (a) For an employer or licensing agency, because  of  an  individual's
    8  age,  race,  creed, color, national origin, sexual orientation, military
    9  status, sex, disability, predisposing genetic  characteristics,  marital
   10  status,  STATUS AS A NEW YORK STATE CITIZEN, or domestic violence victim
   11  status, to refuse to hire or employ or  to  bar  or  to  discharge  from
   12  employment such individual or to discriminate against such individual in
   13  compensation or in terms, conditions or privileges of employment.
   14    (b)  For  an  employment agency to discriminate against any individual
   15  because of age, race, creed, color, national origin, sexual orientation,
   16  military status, sex, disability, predisposing genetic  characteristics,
   17  STATUS  AS  A  NEW  YORK STATE CITIZEN, or marital status, in receiving,
   18  classifying, disposing or otherwise acting  upon  applications  for  its
   19  services  or  in  referring an applicant or applicants to an employer or
   20  employers.
   21    (c) For a labor organization, because of the age, race, creed,  color,
   22  national  origin,  sexual orientation, military status, sex, disability,
   23  predisposing genetic characteristics, STATUS AS A NEW YORK  STATE  CITI-
   24  ZEN,  or  marital  status of any individual, to exclude or to expel from
   25  its membership such individual or to discriminate in any way against any
   26  of its members or against any employer or any individual employed by  an
   27  employer.
   28    (d)  For  any  employer  or employment agency to print or circulate or
   29  cause to be printed or circulated any statement, advertisement or publi-
   30  cation, or to use any form of application for employment or to make  any
   31  inquiry  in  connection  with  prospective  employment,  which expresses
   32  directly or indirectly, any limitation, specification or  discrimination
   33  as  to  age,  race,  creed,  color, national origin, sexual orientation,
   34  military status, sex, disability, predisposing genetic  characteristics,
   35  STATUS  AS A NEW YORK STATE CITIZEN, or marital status, or any intent to
   36  make any such limitation, specification or discrimination, unless  based
   37  upon  a  bona  fide  occupational qualification; provided, however, that
   38  neither this paragraph nor any provision of this chapter  or  other  law
   39  shall  be  construed  to prohibit the department of civil service or the
   40  department of personnel of any city containing more than one county from
   41  requesting information from applicants for  civil  service  examinations
   42  concerning  any of the aforementioned characteristics, other than sexual
   43  orientation, for the purpose  of  conducting  studies  to  identify  and
   44  resolve  possible  problems  in  recruitment  and  testing of members of
   45  minority groups to insure the fairest possible and  equal  opportunities
   46  for  employment in the civil service for all persons, regardless of age,
   47  race,  creed,  color,  national  origin,  sexual  orientation,  military
   48  status,  sex, disability, predisposing genetic characteristics, or mari-
   49  tal status.
   50    S 38. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
   51  the executive law, as amended by chapter 106 of the laws  of  2003,  are
   52  amended to read as follows:
   53    (b)  To  deny  to  or withhold from any person because of race, creed,
   54  color, national origin, sexual orientation, military status,  sex,  age,
   55  disability,  STATUS  AS A NEW YORK STATE CITIZEN, or marital status, the
   56  right to be admitted to or participate in a guidance program, an appren-
       S. 776                             16
    1  ticeship training program, on-the-job training program, executive train-
    2  ing program, or other occupational training or retraining program;
    3    (c)  To  discriminate against any person in his or her pursuit of such
    4  programs or to discriminate against such a person in the  terms,  condi-
    5  tions  or  privileges  of  such  programs because of race, creed, color,
    6  national origin, sexual orientation, military status, sex,  age,  STATUS
    7  AS A NEW YORK STATE CITIZEN, disability or marital status;
    8    (d)  To  print  or  circulate or cause to be printed or circulated any
    9  statement, advertisement or publication, or to use any form of  applica-
   10  tion  for  such  programs or to make any inquiry in connection with such
   11  program which expresses, directly or indirectly, any  limitation,  spec-
   12  ification  or  discrimination as to race, creed, color, national origin,
   13  sexual orientation, military status, sex, age,  STATUS  AS  A  NEW  YORK
   14  STATE  CITIZEN,  disability  or marital status, or any intention to make
   15  any such limitation, specification or discrimination, unless based on  a
   16  bona fide occupational qualification.
   17    S  39.  Paragraph (a) of subdivision 2 of section 296 of the executive
   18  law, as amended by chapter 106 of the laws of 2003, is amended  to  read
   19  as follows:
   20    (a)  It  shall  be an unlawful discriminatory practice for any person,
   21  being the owner, lessee, proprietor, manager, superintendent,  agent  or
   22  employee  of  any  place  of  public accommodation, resort or amusement,
   23  because of the race, creed, color, national origin, sexual  orientation,
   24  military  status, sex, STATUS AS A NEW YORK STATE CITIZEN, or disability
   25  or marital status of any person,  directly  or  indirectly,  to  refuse,
   26  withhold  from  or deny to such person any of the accommodations, advan-
   27  tages, facilities or privileges  thereof,  including  the  extension  of
   28  credit,  or,  directly  or  indirectly,  to  publish,  circulate, issue,
   29  display, post or mail any written or printed  communication,  notice  or
   30  advertisement, to the effect that any of the accommodations, advantages,
   31  facilities  and  privileges of any such place shall be refused, withheld
   32  from or denied to any person on account of race, creed, color,  national
   33  origin,  sexual  orientation, military status, sex, STATUS AS A NEW YORK
   34  STATE CITIZEN, or disability or marital status, or that the patronage or
   35  custom thereat of any person of or purporting to be  of  any  particular
   36  race,  creed,  color,  national  origin,  sexual  orientation,  military
   37  status, STATUS AS A NEW YORK STATE CITIZEN, sex or  marital  status,  or
   38  having  a  disability  is  unwelcome,  objectionable  or not acceptable,
   39  desired or solicited.
   40    S 40. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
   41  296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and
   42  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
   43  to read as follows:
   44    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
   45  hold from any person or group of  persons  such  housing  accommodations
   46  because  of  the race, creed, color, disability, national origin, sexual
   47  orientation, military status, age, sex, marital status, STATUS AS A  NEW
   48  YORK  STATE CITIZEN, or familial status of such person or persons, or to
   49  represent that any housing accommodation or land is  not  available  for
   50  inspection, sale, rental or lease when in fact it is so available.
   51    (b)  To  discriminate  against  any person because of his or her race,
   52  creed, color, disability, national origin, sexual orientation,  military
   53  status, age, sex, marital status, STATUS AS A NEW YORK STATE CITIZEN, or
   54  familial  status in the terms, conditions or privileges of any publicly-
   55  assisted housing accommodations or in the furnishing  of  facilities  or
   56  services in connection therewith.
       S. 776                             17
    1    (c) To cause to be made any written or oral inquiry or record concern-
    2  ing  the  race, creed, color, disability, national origin, sexual orien-
    3  tation, membership in the reserve armed forces of the United  States  or
    4  in  the organized militia of the state, age, sex, marital status, STATUS
    5  AS  A  NEW YORK STATE CITIZEN, or familial status of a person seeking to
    6  rent or lease any  publicly-assisted  housing  accommodation;  provided,
    7  however, that nothing in this subdivision shall prohibit a member of the
    8  reserve armed forces of the United States or in the organized militia of
    9  the state from voluntarily disclosing such membership.
   10    (c-1)  To  print or circulate or cause to be printed or circulated any
   11  statement, advertisement or publication, or to use any form of  applica-
   12  tion  for the purchase, rental or lease of such housing accommodation or
   13  to make any  record  or  inquiry  in  connection  with  the  prospective
   14  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
   15  expresses, directly or  indirectly,  any  limitation,  specification  or
   16  discrimination  as to race, creed, color, national origin, sexual orien-
   17  tation, military status, sex, age, disability, marital status, STATUS AS
   18  A NEW YORK STATE CITIZEN, or familial status, or any intent to make  any
   19  such limitation, specification or discrimination.
   20    S  41.  Subdivisions 3-b, 4 and 5 of section 296 of the executive law,
   21  as amended by chapter 106 of the laws of 2003, are amended  to  read  as
   22  follows:
   23    3-b.  It  shall  be  an  unlawful discriminatory practice for any real
   24  estate broker, real estate salesperson or employee or agent  thereof  or
   25  any  other  individual, corporation, partnership or organization for the
   26  purpose of inducing a real estate transaction from which any such person
   27  or any of its stockholders or members may benefit financially, to repre-
   28  sent that a change has occurred or will or may occur in the  composition
   29  with respect to race, creed, color, national origin, sexual orientation,
   30  military  status,  STATUS  AS A NEW YORK STATE CITIZEN, sex, disability,
   31  marital status, or familial status of the owners  or  occupants  in  the
   32  block,  neighborhood  or area in which the real property is located, and
   33  to represent, directly or indirectly,  that  this  change  will  or  may
   34  result in undesirable consequences in the block, neighborhood or area in
   35  which  the  real  property  is located, including but not limited to the
   36  lowering of property values, an  increase  in  criminal  or  anti-social
   37  behavior, or a decline in the quality of schools or other facilities.
   38    4.  It  shall  be an unlawful discriminatory practice for an education
   39  corporation or association which holds itself out to the  public  to  be
   40  non-sectarian  and  exempt  from  taxation pursuant to the provisions of
   41  article four of the real property tax law to deny the use of its facili-
   42  ties to any person otherwise qualified, or to permit the  harassment  of
   43  any  student or applicant, by reason of his race, color, religion, disa-
   44  bility, national  origin,  sexual  orientation,  military  status,  sex,
   45  STATUS  AS  A NEW YORK STATE CITIZEN, age or marital status, except that
   46  any such institution which establishes or maintains a policy of  educat-
   47  ing persons of one sex exclusively may admit students of only one sex.
   48    5.  (a) It shall be an unlawful discriminatory practice for the owner,
   49  lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
   50  having  the  right  to  sell,  rent  or  lease  a housing accommodation,
   51  constructed or to be constructed, or any agent or employee thereof:
   52    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
   53  from any person or group of persons such a housing accommodation because
   54  of the race, creed, color, national origin, sexual orientation, military
   55  status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
   56  CITIZEN, or familial status of such person or persons, or  to  represent
       S. 776                             18
    1  that  any housing accommodation or land is not available for inspection,
    2  sale, rental or lease when in fact it is so available.
    3    (2)  To discriminate against any person because of race, creed, color,
    4  national origin, sexual orientation, military status, sex, age, disabil-
    5  ity, marital status, STATUS AS A NEW YORK  STATE  CITIZEN,  or  familial
    6  status  in  the  terms,  conditions or privileges of the sale, rental or
    7  lease of any such housing accommodation or in the furnishing of  facili-
    8  ties or services in connection therewith.
    9    (3)  To  print  or  circulate or cause to be printed or circulated any
   10  statement, advertisement or publication, or to use any form of  applica-
   11  tion  for the purchase, rental or lease of such housing accommodation or
   12  to make any  record  or  inquiry  in  connection  with  the  prospective
   13  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
   14  expresses, directly or  indirectly,  any  limitation,  specification  or
   15  discrimination  as to race, creed, color, national origin, sexual orien-
   16  tation, military status, sex, age, disability, marital status, STATUS AS
   17  A NEW YORK STATE CITIZEN, or familial status, or any intent to make  any
   18  such limitation, specification or discrimination.
   19    The  provisions  of  this  paragraph  [(a)] shall not apply (1) to the
   20  rental of a housing accommodation in a building which  contains  housing
   21  accommodations  for  not  more than two families living independently of
   22  each other, if the owner resides in one of such housing  accommodations,
   23  (2)  to the restriction of the rental of all rooms in a housing accommo-
   24  dation to individuals of the same sex or (3) to the rental of a room  or
   25  rooms  in  a housing accommodation, if such rental is by the occupant of
   26  the housing accommodation or by the owner of the  housing  accommodation
   27  and  the  owner resides in such housing accommodation or (4) solely with
   28  respect to age and familial status  to  the  restriction  of  the  sale,
   29  rental  or lease of housing accommodations exclusively to persons sixty-
   30  two years of age or older and the spouse of  any  such  person,  or  for
   31  housing  intended  and  operated  for  occupancy  by at least one person
   32  fifty-five years of age or older per unit. In determining whether  hous-
   33  ing  is  intended and operated for occupancy by persons fifty-five years
   34  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
   35  federal Fair Housing Act of 1988, as amended, shall apply.
   36    (b) It shall be an unlawful discriminatory  practice  for  the  owner,
   37  lessee,  sub-lessee,  or  managing  agent of, or other person having the
   38  right of ownership or possession of or the right to sell, rent or lease,
   39  land or commercial space:
   40    (1) To refuse to sell, rent, lease or otherwise deny  to  or  withhold
   41  from  any person or group of persons land or commercial space because of
   42  the race, creed, color, national origin,  sexual  orientation,  military
   43  status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
   44  CITIZEN,  or  familial status of such person or persons, or to represent
   45  that any housing accommodation or land is not available for  inspection,
   46  sale, rental or lease when in fact it is so available;
   47    (2)  To discriminate against any person because of race, creed, color,
   48  national origin, sexual orientation, military status, sex, age, disabil-
   49  ity, marital status, STATUS AS A NEW YORK  STATE  CITIZEN,  or  familial
   50  status  in  the  terms,  conditions or privileges of the sale, rental or
   51  lease of any such land or commercial space;  or  in  the  furnishing  of
   52  facilities or services in connection therewith;
   53    (3)  To  print  or  circulate or cause to be printed or circulated any
   54  statement, advertisement or publication, or to use any form of  applica-
   55  tion  for the purchase, rental or lease of such land or commercial space
   56  or to make any record or inquiry  in  connection  with  the  prospective
       S. 776                             19
    1  purchase,  rental  or  lease  of  such  land  or  commercial space which
    2  expresses, directly or  indirectly,  any  limitation,  specification  or
    3  discrimination  as to race, creed, color, national origin, sexual orien-
    4  tation, military status, sex, age, disability, marital status, STATUS AS
    5  A  NEW YORK STATE CITIZEN, or familial status; or any intent to make any
    6  such limitation, specification or discrimination.
    7    (4) With respect to age and familial status, the  provisions  of  this
    8  paragraph  shall  not  apply  to  the restriction of the sale, rental or
    9  lease of land or commercial  space  exclusively  to  persons  fifty-five
   10  years  of  age  or  older  and  the spouse of any such person, or to the
   11  restriction of the sale, rental or lease of land  to  be  used  for  the
   12  construction,  or  location  of  housing  accommodations exclusively for
   13  persons sixty-two years of age or older, or intended  and  operated  for
   14  occupancy  by  at  least one person fifty-five years of age or older per
   15  unit. In determining whether housing is intended and operated for  occu-
   16  pancy  by  persons fifty-five years of age or older, Sec. 807(b) (2) (c)
   17  (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988,  as
   18  amended, shall apply.
   19    (c)  It  shall  be  an  unlawful  discriminatory practice for any real
   20  estate broker, real estate salesperson or employee or agent thereof:
   21    (1) To refuse to sell, rent or lease any housing  accommodation,  land
   22  or  commercial  space  to any person or group of persons or to refuse to
   23  negotiate for the sale, rental or lease, of any  housing  accommodation,
   24  land  or  commercial  space to any person or group of persons because of
   25  the race, creed, color, national origin,  sexual  orientation,  military
   26  status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
   27  CITIZEN,  or  familial status of such person or persons, or to represent
   28  that any housing accommodation, land or commercial space is  not  avail-
   29  able  for inspection, sale, rental or lease when in fact it is so avail-
   30  able, or otherwise to deny or withhold any housing  accommodation,  land
   31  or commercial space or any facilities of any housing accommodation, land
   32  or  commercial  space from any person or group of persons because of the
   33  race,  creed,  color,  national  origin,  sexual  orientation,  military
   34  status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
   35  CITIZEN, or familial status of such person or persons.
   36    (2)  To  print  or  circulate or cause to be printed or circulated any
   37  statement, advertisement or publication, or to use any form of  applica-
   38  tion  for  the  purchase,  rental or lease of any housing accommodation,
   39  land or commercial space or to make any record or inquiry in  connection
   40  with  the  prospective purchase, rental or lease of any housing accommo-
   41  dation, land or commercial space which expresses, directly or  indirect-
   42  ly,  any limitation, specification, or discrimination as to race, creed,
   43  color, national origin, sexual orientation, military status,  sex,  age,
   44  disability, marital status, STATUS AS A NEW YORK STATE CITIZEN, or fami-
   45  lial status; or any intent to make any such limitation, specification or
   46  discrimination.
   47    (3)  With  respect  to age and familial status, the provisions of this
   48  paragraph shall not apply to the restriction  of  the  sale,  rental  or
   49  lease  of any land or commercial space exclusively to persons fifty-five
   50  years of age or older and the spouse of  any  such  person,  or  to  the
   51  restriction of the sale, rental or lease of any housing accommodation or
   52  land  to  be  used  for the construction or location of housing accommo-
   53  dations for persons sixty-two years of age or  older,  or  intended  and
   54  operated for occupancy by at least one person fifty-five years of age or
   55  older  per unit. In determining whether housing is intended and operated
   56  for occupancy by persons fifty-five years of age or older, Sec.  807 (b)
       S. 776                             20
    1  (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act  of
    2  1988, as amended, shall apply.
    3    (d)  It  shall  be  an  unlawful  discriminatory practice for any real
    4  estate board, because of the race, creed, color, national origin, sexual
    5  orientation, military status,  age,  sex,  disability,  marital  status,
    6  STATUS AS A NEW YORK STATE CITIZEN, or familial status of any individual
    7  who  is  otherwise  qualified  for  membership, to exclude or expel such
    8  individual from membership, or to discriminate against  such  individual
    9  in the terms, conditions and privileges of membership in such board.
   10    (e)  It  shall  be  an unlawful discriminatory practice for the owner,
   11  proprietor or managing agent of, or other person  having  the  right  to
   12  provide care and services in, a private proprietary nursing home, conva-
   13  lescent  home,  or home for adults, or an intermediate care facility, as
   14  defined  in  section  two  of  the  social  services   law,   heretofore
   15  constructed,  or to be constructed, or any agent or employee thereof, to
   16  refuse to provide services and care in such  home  or  facility  to  any
   17  individual  or  to  discriminate  against  any  individual in the terms,
   18  conditions, and privileges of such services and care solely because such
   19  individual is a blind person. For purposes of this paragraph,  a  "blind
   20  person" shall mean a person who is registered as a blind person with the
   21  commission  for the visually handicapped and who meets the definition of
   22  a "blind person" pursuant to  section  three  of  chapter  four  hundred
   23  fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
   24  establish a state commission for improving the condition of the blind of
   25  the state of New York, and making an appropriation therefor".
   26    (f) The provisions of this subdivision, as they relate to  age,  shall
   27  not apply to persons under the age of eighteen years.
   28    (g)  It  shall  be  an unlawful discriminatory practice for any person
   29  offering or providing housing accommodations, land or  commercial  space
   30  as described in paragraphs (a), (b), and (c) of this subdivision to make
   31  or  cause  to  be  made any written or oral inquiry or record concerning
   32  membership of any person in the state organized militia in  relation  to
   33  the  purchase,  rental  or lease of such housing accommodation, land, or
   34  commercial space, provided, however, that nothing  in  this  subdivision
   35  shall  prohibit a member of the state organized militia from voluntarily
   36  disclosing such membership.
   37    S 42. Paragraph (a) of subdivision 9 of section 296 of  the  executive
   38  law, as amended by chapter 106 of the laws of 2003 is amended to read as
   39  follows:
   40    (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
   41  department or fire company therein, through any member or members there-
   42  of, officers, board of fire commissioners or other body or office having
   43  power of appointment of volunteer firefighters, directly or  indirectly,
   44  by ritualistic practice, constitutional or by-law prescription, by tacit
   45  agreement  among  its  members,  or otherwise, to deny to any individual
   46  membership in any volunteer fire department or fire company therein,  or
   47  to  expel or discriminate against any volunteer member of a fire depart-
   48  ment or fire  company  therein,  because  of  the  race,  creed,  color,
   49  national  origin,  sexual  orientation, military status, STATUS AS A NEW
   50  YORK STATE CITIZEN, sex or marital status of such individual.
   51    S 43. Subdivision 13 of section 296 of the executive law,  as  amended
   52  by chapter 196 of the laws of 2010, is amended to read as follows:
   53    13. It shall be an unlawful discriminatory practice (i) for any person
   54  to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
   55  with, or otherwise discriminate against any person, because of the race,
   56  creed, color, national  origin,  sexual  orientation,  military  status,
       S. 776                             21
    1  STATUS  AS  A NEW YORK STATE CITIZEN, sex, or disability of such person,
    2  or of such person's partners, members,  stockholders,  directors,  offi-
    3  cers, managers, superintendents, agents, employees, business associates,
    4  suppliers or customers, or (ii) for any person wilfully to do any act or
    5  refrain  from  doing  any act which enables any such person to take such
    6  action. This subdivision shall not apply to:
    7    (a) Boycotts connected with labor disputes; or
    8    (b) Boycotts to protest unlawful discriminatory practices.
    9    S 44. Subdivisions 1, 2 and 3 of section 296-a of the  executive  law,
   10  as  amended  by  chapter 106 of the laws of 2003, are amended to read as
   11  follows:
   12    1. It shall be an unlawful discriminatory practice for any creditor or
   13  any officer, agent or employee thereof:
   14    a. In the  case  of  applications  for  credit  with  respect  to  the
   15  purchase,  acquisition,  construction, rehabilitation, repair or mainte-
   16  nance of any housing accommodation, land or commercial space to discrim-
   17  inate against any such applicant because  of  the  race,  creed,  color,
   18  national  origin, sexual orientation, military status, age, sex, marital
   19  status, disability, STATUS AS A NEW  YORK  STATE  CITIZEN,  or  familial
   20  status  of  such  applicant  or  applicants  or any member, stockholder,
   21  director, officer or employee of such applicant or applicants, or of the
   22  prospective occupants or tenants of such housing accommodation, land  or
   23  commercial  space,  in the granting, withholding, extending or renewing,
   24  or in the fixing of the rates, terms or conditions of, any such credit;
   25    b. To discriminate in the granting, withholding, extending  or  renew-
   26  ing,  or in the fixing of the rates, terms or conditions of, any form of
   27  credit, on the basis of race,  creed,  color,  national  origin,  sexual
   28  orientation,  military  status,  age,  sex,  marital status, disability,
   29  STATUS AS A NEW YORK STATE CITIZEN, or familial status;
   30    c. To use any form of application for credit or use or make any record
   31  or inquiry which expresses,  directly  or  indirectly,  any  limitation,
   32  specification,  or  discrimination  as  to  race, creed, color, national
   33  origin, sexual orientation, military status, age, sex,  marital  status,
   34  disability, STATUS AS A NEW YORK STATE CITIZEN, or familial status;
   35    d.  To make any inquiry of an applicant concerning his or her capacity
   36  to reproduce, or his or her use or advocacy of any form of birth control
   37  or family planning;
   38    e. To refuse to consider  sources  of  an  applicant's  income  or  to
   39  subject  an  applicant's  income  to  discounting,  in whole or in part,
   40  because of an applicant's race, creed, color,  national  origin,  sexual
   41  orientation,  military  status,  age,  sex, marital status, childbearing
   42  potential, disability, STATUS AS A NEW YORK STATE CITIZEN,  or  familial
   43  status;
   44    f.  To  discriminate  against  a  married  person  because such person
   45  neither uses nor is known by the surname of his or her spouse.
   46    This paragraph shall not apply to any situation where  the  use  of  a
   47  surname would constitute or result in a criminal act.
   48    2. Without limiting the generality of subdivision one of this section,
   49  it  shall  be considered discriminatory if, because of an applicant's or
   50  class of applicants' race, creed, color, national origin, sexual  orien-
   51  tation,  military status, age, sex, marital status or disability, STATUS
   52  AS A NEW YORK STATE CITIZEN, or familial status,  (i)  an  applicant  or
   53  class of applicants is denied credit in circumstances where other appli-
   54  cants  of  like  overall  credit  worthiness are granted credit, or (ii)
   55  special requirements or conditions, such  as  requiring  co-obligors  or
   56  reapplication  upon  marriage, are imposed upon an applicant or class of
       S. 776                             22
    1  applicants in circumstances where similar requirements or conditions are
    2  not imposed upon other applicants of like overall credit worthiness.
    3    3.  It  shall  not  be  considered  discriminatory if credit differen-
    4  tiations or decisions are based upon  factually  supportable,  objective
    5  differences  in applicants' overall credit worthiness, which may include
    6  reference to such factors as current income,  assets  and  prior  credit
    7  history  of  such applicants, as well as reference to any other relevant
    8  factually supportable data; provided, however, that  no  creditor  shall
    9  consider, in evaluating the credit worthiness of an applicant, aggregate
   10  statistics  or  assumptions  relating  to  race,  creed, color, national
   11  origin, sexual orientation, military status, sex, STATUS AS A  NEW  YORK
   12  STATE CITIZEN, marital status or disability, or to the likelihood of any
   13  group of persons bearing or rearing children, or for that reason receiv-
   14  ing diminished or interrupted income in the future.
   15    S 45. Paragraph (b) of subdivision 2 of section 296-b of the executive
   16  law,  as added by chapter 481 of the laws of 2010, is amended to read as
   17  follows:
   18    (b) Subject a domestic worker to unwelcome harassment based on gender,
   19  race, religion, STATUS AS A NEW YORK STATE CITIZEN or  national  origin,
   20  where  such  harassment has the purpose or effect of unreasonably inter-
   21  fering with an individual's work performance by creating  an  intimidat-
   22  ing, hostile, or offensive working environment.
   23    S  46.  Paragraph  (c)  of  subdivision 1 of section 122 of the social
   24  services law, as amended by chapter 214 of the laws of 1998, is  amended
   25  to read as follows:
   26    (c)  The  following  persons, not described in paragraph (a) or (b) of
   27  this subdivision, shall, if otherwise eligible, be eligible  for  safety
   28  net  assistance  and medical assistance[, except that medical assistance
   29  shall be limited to care and services (not including care  and  services
   30  related to an organ transplant procedure) necessary for the treatment of
   31  an  emergency  medical condition as that term is defined in section 1903
   32  of the federal social security act unless and  until  federal  financial
   33  participation is available for the costs of providing medical assistance
   34  provided,  however,  that  any  such  person  who,  on the fourth day of
   35  August, nineteen hundred ninety-seven  was  residing  in  a  residential
   36  health  care facility licensed by the department of health or in a resi-
   37  dential facility licensed, operated or funded by the  office  of  mental
   38  health  or  the office of mental retardation and developmental disabili-
   39  ties, and was in receipt of a medical assistance authorization based  on
   40  a  finding  that he or she was] (I) a person permanently residing in the
   41  United States under color of  law  [shall,  if  otherwise  eligible,  be
   42  eligible  for  medical  assistance  and provided, further, that any such
   43  person who, on the fourth day of August, nineteen hundred  ninety-seven,
   44  was  diagnosed  as having AIDS, as defined in subdivision one of section
   45  two thousand seven hundred eighty of the public health law, and  was  in
   46  receipt  of medical assistance authorization pursuant to title eleven of
   47  article five of this chapter based on a finding that he  or  she  was  a
   48  person  permanently  residing  in  the  United States under color of law
   49  shall, if otherwise eligible, be eligible for medical assistance:
   50    (i) a qualified alien who entered the United  States  less  than  five
   51  years  earlier  or  for less than five years has had a status within the
   52  meaning of the term "qualified alien" as defined in section 431  of  the
   53  federal  personal responsibility and work opportunity reconciliation act
   54  of 1996 (8 U.S. Code 1641), as amended, if such  entry  occurred  on  or
   55  after the twenty-second day of August, nineteen hundred ninety-six; and
       S. 776                             23
    1    (ii)  an  alien  whose  status  is  not within the meaning of the term
    2  "qualified alien" as defined in section  431  of  the  federal  personal
    3  responsibility  and  work opportunity reconciliation act of 1996 (8 U.S.
    4  Code 1641), as amended, but who is otherwise permanently residing in the
    5  United  States  under color of law], AND (II) NEW YORK STATE CITIZENS IF
    6  OTHERWISE ELIGIBLE SHALL ONLY BE ELIGIBLE FOR MEDICAL ASSISTANCE.
    7    S 47. Section 131-k of the social services law is REPEALED.
    8    S 48. The education law is amended by adding a new section 609 to read
    9  as follows:
   10    S 609. NEW YORK DREAM FUND COMMISSION.  1. (A) THERE SHALL BE  CREATED
   11  A  NEW  YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED TO ADVANCING
   12  THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
   13    (B) THE NEW YORK DREAM FUND COMMISSION SHALL  BE  COMPOSED  OF  TWELVE
   14  MEMBERS TO BE APPOINTED AS FOLLOWS:
   15    (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
   16    (II)  THREE  MEMBERS  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
   17  THE SENATE;
   18    (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   19    (IV) ONE MEMBER SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
   20  SENATE;
   21    (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
   22  BLY;
   23    (C)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
   24  REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND  GEOGRAPHIC  DIVERSITY
   25  OF THE STATE.
   26    (D)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
   27  INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS  AND  FACULTY,  AND  OTHER
   28  INDIVIDUALS  COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE
   29  CHILDREN OF IMMIGRANTS.
   30    (E) MEMBERS OF THE NEW YORK DREAM FUND  COMMISSION  SHALL  RECEIVE  NO
   31  COMPENSATION FOR THEIR SERVICES.
   32    2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
   33    (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
   34    (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
   35    (III)  ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
   36  ITY OF RAISING FUNDS FOR THE ADMINISTRATION  OF  THIS  SECTION  AND  ANY
   37  EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
   38  TRATING  AND  FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
   39  GRANTS TO THE UNITED STATES;
   40    (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
   41  DREAM FUND;
   42    (V) DEVELOP CRITERIA AND A SELECTION PROCESS  FOR  THE  RECIPIENTS  OF
   43  SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
   44    (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
   45  THE  COSTS  OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
   46  ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
   47  GRANTS WITHIN HIGHER EDUCATION;
   48    (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR  HIGH
   49  SCHOOL  COUNSELORS,  ADMISSIONS  OFFICERS, AND FINANCIAL AID OFFICERS OF
   50  INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS  SHALL  INSTRUCT
   51  PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
   52  STUDENTS  WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
   53  TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE  EXTENT  PRACTICA-
   54  BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
   55  TO  SCHOOL  DISTRICTS  AND  BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES
   56  THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN  TO
       S. 776                             24
    1  SCHOOL  DISTRICTS  AND  BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES WITH
    2  LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
    3  DISTRICTS AND BOARDS OF COOPERATIVE  EDUCATIONAL  SERVICES  WITH  LESSER
    4  NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
    5    (VIII)  ESTABLISH  A  PUBLIC  AWARENESS CAMPAIGN REGARDING EDUCATIONAL
    6  OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE  THE  CHILDREN
    7  OF IMMIGRANTS; AND
    8    (IX)  ESTABLISH,  BY  RULE,  PROCEDURES  FOR  ACCEPTING AND EVALUATING
    9  APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND  ISSU-
   10  ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
   11    (B)  TO  RECEIVE  A  SCHOLARSHIP  PURSUANT  TO THIS SECTION, A STUDENT
   12  APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
   13    (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE  ATTENDING
   14  A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
   15    (II)  HAVE  GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
   16  THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
   17    (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE  FOR
   18  AT  LEAST  TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
   19  OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
   20    (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
   21  STATES.
   22    (C) THE NEW YORK DREAM FUND COMMISSION AND THE  NEW  YORK  DREAM  FUND
   23  SHALL  BE  FUNDED  ENTIRELY  BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
   24  SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND.   NO  FUNDS
   25  OF  THE  NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
   26  BE TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR  SHALL
   27  BE  USED  FOR  ANY  PURPOSE  OTHER  THAN  THE PURPOSES SET FORTH IN THIS
   28  SECTION.
   29    3. THE NEW YORK DREAM FUND COMMISSION AND  THE  NEW  YORK  DREAM  FUND
   30  SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
   31  SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
   32    S 49. Subdivision 3 of section 661 of the education law is REPEALED.
   33    S  50.  Paragraph  a  of subdivision 5 of section 661 of the education
   34  law, as amended by chapter 466 of the laws of 1977, is amended  to  read
   35  as follows:
   36    a.  (I)  Except  as provided in subdivision two of section six hundred
   37  seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF  THIS  PARAGRAPH,  an
   38  applicant  for  an award at the undergraduate level of study must either
   39  [(i)] (A) have been a legal resident of the state for at least one  year
   40  immediately  preceding the beginning of the semester, quarter or term of
   41  attendance for which application for assistance is made, or  [(ii)]  (B)
   42  be  a  legal resident of the state and have been a legal resident during
   43  his last two semesters of high school either  prior  to  graduation,  or
   44  prior  to  admission  to college. Provided further that persons shall be
   45  eligible to receive awards under  section  six  hundred  sixty-eight  or
   46  section  six  hundred  sixty-nine  OF  THIS PART who are currently legal
   47  residents of the state and are otherwise qualified.
   48    (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
   49  PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
   50  CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL  NON-IMMIGRANT  ALIEN,  A
   51  NEW YORK STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
   52  SHALL  BE  ELIGIBLE  FOR  AN  AWARD  AT THE UNDERGRADUATE LEVEL OF STUDY
   53  PROVIDED THAT THE STUDENT:
   54    (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
   55  YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND
   56  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
       S. 776                             25
    1  UNDERGRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
    2  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
    3    (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
    4  SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
    5  DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
    6  TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
    7  FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
    8    (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
    9  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
   10  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
   11  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
   12  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
   13  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   14    PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
   15  SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
   16  HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
   17  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
   18  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   19    S  51.  Paragraph  b  of subdivision 5 of section 661 of the education
   20  law, as amended by chapter 466 of the laws of 1977, is amended  to  read
   21  as follows:
   22    b.  [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS
   23  PARAGRAPH, AN applicant for an award at the graduate level of study must
   24  either [(i)] (A) have been a legal resident of the state  for  at  least
   25  one year immediately preceding the beginning of the semester, quarter or
   26  term  of  attendance  for  which  application for assistance is made, or
   27  [(ii)] (B) be a legal resident of the state and have been a legal  resi-
   28  dent  during  his  last  academic  year  of undergraduate study and have
   29  continued to be a legal resident until  matriculation  in  the  graduate
   30  program.
   31    (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
   32  PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
   33  CITIZEN,  A  PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN, A
   34  NEW YORK STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
   35  SHALL BE ELIGIBLE FOR AN AWARD  AT  THE  UNDERGRADUATE  LEVEL  OF  STUDY
   36  PROVIDED THAT THE STUDENT:
   37    (A)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
   38  OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
   39  AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
   40  THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
   41  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   42    (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
   43  SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
   44  DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
   45  TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
   46  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   47    (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
   48  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
   49  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
   50  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
   51  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
   52  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   53    PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
   54  SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
   55  HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
       S. 776                             26
    1  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
    2  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
    3    S  52.  Paragraph  d  of subdivision 5 of section 661 of the education
    4  law, as amended by chapter 844 of the laws of 1975, is amended  to  read
    5  as follows:
    6    d.  If  an  applicant for an award allocated on a geographic basis has
    7  more than one residence in this state, his  OR  HER  residence  for  the
    8  purpose  of  this  article shall be his OR HER place of actual residence
    9  during the major part of the year while attending school, as  determined
   10  by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
   11  HAVE  A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO
   12  SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B  OF
   13  THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
   14  INSTITUTION  OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES
   15  OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
   16    S 53. Paragraph e of subdivision 5 of section  661  of  the  education
   17  law,  as added by chapter 630 of the laws of 2005, is amended to read as
   18  follows:
   19    e. Notwithstanding any other provision of this article to the  contra-
   20  ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
   21  MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
   22  SUBDIVISION ARE waived for a member, or the spouse  or  dependent  of  a
   23  member,  of  the  armed  forces of the United States on full-time active
   24  duty and stationed in this state.
   25    S 54. Paragraph h of subdivision 2 of section 355 of the education law
   26  is amended by adding a new subparagraph 10 to read as follows:
   27    (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
   28  NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
   29  PERMANENT  LAWFUL  RESIDENT,  A  LAWFUL  NON-IMMIGRANT ALIEN, A NEW YORK
   30  STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE
   31  THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES REDUCED BY STATE-AIDED
   32  PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE
   33  PROVISIONS  OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF
   34  THIS CHAPTER, PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH
   35  IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH  B
   36  OF  SUBDIVISION  FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS TITLE, AS
   37  APPLICABLE.
   38    S 55. Subdivision 7 of section 6206 of the education law is amended by
   39  adding a new paragraph (d) to read as follows:
   40    (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS  NOT  A
   41  LEGAL  RESIDENT  OF  NEW  YORK  STATE  BUT IS A UNITED STATES CITIZEN, A
   42  PERMANENT LAWFUL RESIDENT, A LAWFUL  NON-IMMIGRANT  ALIEN,  A  NEW  YORK
   43  STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE
   44  THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES REDUCED BY STATE-AIDED
   45  PROGRAMS,  SCHOLARSHIPS  OR OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE
   46  PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A  OF
   47  THIS CHAPTER, PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH
   48  IN  SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B
   49  OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS
   50  APPLICABLE.
   51    S 56. Section 6305 of the education law is amended  by  adding  a  new
   52  subdivision 8-a to read as follows:
   53    8-A.  THE  PAYMENT  OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
   54  WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT  OF
   55  NEW  YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
   56  DENT, A LAWFUL NON-IMMIGRANT ALIEN, A  NEW  YORK  STATE  CITIZEN  OR  AN
       S. 776                             27
    1  APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY BE REDUCED BY STATE-AID-
    2  ED  PROGRAMS,  SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AWARDED UNDER
    3  THE PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A
    4  OF  THIS  CHAPTER,  PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET
    5  FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF  PARA-
    6  GRAPH  B  OF  SUBDIVISION  FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS
    7  CHAPTER, AS APPLICABLE.
    8    S 57. Paragraph d of subdivision 3 of section 6451  of  the  education
    9  law,  as  amended by chapter 149 of the laws of 1972, is amended to read
   10  as follows:
   11    d. Any necessary supplemental financial assistance, which may  include
   12  the  cost of books and necessary maintenance for such enrolled students,
   13  INCLUDING STUDENTS WHO ARE NEW YORK STATE CITIZENS AND STUDENTS  WITHOUT
   14  LAWFUL  IMMIGRATION  STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIRE-
   15  MENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II)
   16  OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED  SIXTY-ONE  OF
   17  THIS  CHAPTER,  AS APPLICABLE; provided, however, that such supplemental
   18  financial assistance shall be furnished pursuant to criteria promulgated
   19  by the commissioner with the approval of the director of the budget.
   20    S 58. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
   21  of the education law, as added by chapter 917 of the laws  of  1970,  is
   22  amended to read as follows:
   23    (v) Any necessary supplemental financial assistance, which may include
   24  the cost of books and necessary maintenance for such students, INCLUDING
   25  STUDENTS  WHO  ARE  NEW  YORK STATE CITIZENS AND STUDENTS WITHOUT LAWFUL
   26  IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS  SET
   27  FORTH  IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARA-
   28  GRAPH B OF SUBDIVISION FIVE OF SECTION SIX  HUNDRED  SIXTY-ONE  OF  THIS
   29  CHAPTER, AS APPLICABLE; provided, however, that such supplemental finan-
   30  cial  assistance  shall be furnished pursuant to criteria promulgated by
   31  such universities and approved by the regents and the  director  of  the
   32  budget.
   33    S  59. Paragraph (a) of subdivision 2 of section 6455 of the education
   34  law, as added by chapter 285 of the laws of 1986, is amended to read  as
   35  follows:
   36    (a)  (I) Undergraduate science and technology entry program moneys may
   37  be used for tutoring, counseling, remedial and special  summer  courses,
   38  supplemental  financial  assistance,  program  administration, and other
   39  activities which the commissioner may deem appropriate. To  be  eligible
   40  for  undergraduate  collegiate  science  and  technology  entry  program
   41  support, a student must be a resident of New York [who is], OR MEET  THE
   42  REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
   43  economically disadvantaged or from a minority group historically  under-
   44  represented  in  the  scientific,  technical,  health and health-related
   45  professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
   46  potential for a professional career if provided special services. Eligi-
   47  ble students must be in good academic standing, enrolled full time in an
   48  approved,  undergraduate  level  program  of  study,  as  defined by the
   49  regents.
   50    (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
   51  WHO  IS  A  UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
   52  NON-IMMIGRANT ALIEN, A NEW YORK STATE CITIZEN OR  AN  APPLICANT  WITHOUT
   53  LAWFUL  IMMIGRATION STATUS, SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDER-
   54  GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   55    (1) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
   56  YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND
       S. 776                             28
    1  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
    2  UNDERGRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
    3  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
    4    (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
    5  SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
    6  DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
    7  TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
    8  FIVE  YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY DIPLOMA,
    9  ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR  MORE  YEARS,
   10  GRADUATED  FROM  AN  APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
   11  ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN  FIVE  YEARS  OF
   12  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   13    (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
   14  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
   15  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
   16  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
   17  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
   18  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   19    PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
   20  SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
   21  HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
   22  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
   23  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   24    S  60. Paragraph (a) of subdivision 3 of section 6455 of the education
   25  law, as added by chapter 285 of the laws of 1986, is amended to read  as
   26  follows:
   27    (a)  (I)  Graduate  science and technology entry program moneys may be
   28  used for recruitment, academic enrichment, career planning, supplemental
   29  financial assistance, review for licensing examinations, program  admin-
   30  istration,  and  other activities which the commissioner may deem appro-
   31  priate. To be eligible for graduate collegiate  science  and  technology
   32  entry  program  support,  a  student must be a resident of New York [who
   33  is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II)  OF  THIS  PARAGRAPH,
   34  AND  MUST  BE either economically disadvantaged or from a minority group
   35  historically underrepresented in the scientific, technical  and  health-
   36  related  professions.  Eligible students must be in good academic stand-
   37  ing, enrolled full time  in  an  approved  graduate  level  program,  as
   38  defined by the regents.
   39    (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
   40  EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
   41  NON-IMMIGRANT ALIEN, A NEW YORK STATE CITIZEN OR  AN  APPLICANT  WITHOUT
   42  LAWFUL  IMMIGRATION  STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDER-
   43  GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   44    (1) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR  TWO
   45  OR  MORE  YEARS,  GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
   46  AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCATION  FOR
   47  THE  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
   48  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   49    (2) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
   50  SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
   51  DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
   52  TION  FOR  THE  GRADUATE  STUDY  FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
   53  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   54    (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
   55  RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
   56  UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
       S. 776                             29
    1  COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
    2  SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
    3  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
    4    PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
    5  SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
    6  HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
    7  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
    8  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
    9    S 61. Subparagraph (i) of paragraph a  of  subdivision  2  of  section
   10  695-e  of  the  education  law, as amended by chapter 593 of the laws of
   11  2003, is amended to read as follows:
   12    (i) the name, address and social security number [or], employer  iden-
   13  tification  number,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
   14  account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN  EFFECT  PRIOR
   15  TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN
   16  THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-
   17  TION  NUMBER,  IN  WHICH  CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE
   18  ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
   19    S 62. Subparagraph (iii) of paragraph a of subdivision  2  of  section
   20  695-e  of  the  education  law, as amended by chapter 593 of the laws of
   21  2003, is amended to read as follows:
   22    (iii) the name, address, and social security  number,  EMPLOYER  IDEN-
   23  TIFICATION  NUMBER,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
   24  designated beneficiary, UNLESS A FAMILY  TUITION  ACCOUNT  THAT  WAS  IN
   25  EFFECT  PRIOR  TO  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
   26  THOUSAND FIFTEEN THAT AMENDED THIS SUBPARAGRAPH DOES  NOT  ALLOW  FOR  A
   27  TAXPAYER  IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION
   28  NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
   29    S 63. The president of the higher education services  corporation,  in
   30  consultation  with  the  commissioner  of  education, shall establish an
   31  application form and procedures that shall  allow  a  student  applicant
   32  that  meets the requirements set forth in subparagraph (ii) of paragraph
   33  a or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of
   34  the education law to apply directly to  the  higher  education  services
   35  corporation or education department for applicable awards without having
   36  to submit information to any other state or federal agency. All informa-
   37  tion  contained  within  the applications filed with such corporation or
   38  department shall be deemed confidential.
   39    S 64. The correction law is amended by adding a new  section  71-b  to
   40  read as follows:
   41    S  71-B.  PERSONS  NOT  TO  BE DETAINED.   1. FOR THE PURPOSES OF THIS
   42  SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   43    (A) "CIVIL IMMIGRATION DETAINER" SHALL MEAN A DETAINER ISSUED PURSUANT
   44  TO 8 C.F.R. 287.7.
   45    (B) "ADMINISTRATIVE WARRANT" SHALL  MEAN  AN  IMMIGRATION  WARRANT  OF
   46  ARREST,  ORDER  TO  DETAIN OR RELEASE ALIENS, NOTICE OF CUSTODY DETERMI-
   47  NATION, NOTICE TO APPEAR, REMOVAL ORDER,  WARRANT  OF  REMOVAL,  OR  ANY
   48  OTHER  DOCUMENT  ISSUED  BY AN IMMIGRATION AGENT THAT CAN FORM THE BASIS
   49  FOR AN INDIVIDUAL'S ARREST OR DETENTION FOR A CIVIL IMMIGRATION PURPOSE.
   50    (C) "LAW ENFORCEMENT OFFICER" SHALL MEAN ALL OFFICERS,  EMPLOYEES  AND
   51  PERSONS  OTHERWISE  PAID BY OR ACTING AS AGENTS OF ANY MUNICIPAL, COUNTY
   52  OR STATE POLICE DEPARTMENT OR DEPARTMENT OF CORRECTIONS.
   53    (D) "FEDERAL IMMIGRATION AUTHORITIES" SHALL MEAN ANY OFFICER, EMPLOYEE
   54  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF UNITED STATES IMMI-
   55  GRATION AND CUSTOMS ENFORCEMENT OR ANY DIVISION  THEREOF  OR  ANY  OTHER
   56  OFFICER,  EMPLOYEE  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF
       S. 776                             30
    1  THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY WHO  IS  CHARGED  WITH
    2  ENFORCEMENT  OF  THE CIVIL PROVISIONS OF THE IMMIGRATION AND NATIONALITY
    3  ACT.
    4    (E)  "FACILITY"  SHALL MEAN ANY FACILITY OWNED OR LEASED BY THE STATE,
    5  STAFFED BY PERSONNEL PAID BY  THE  STATE,  OR  USED  PRIMARILY  FOR  THE
    6  CONDUCT  OF  STATE  BUSINESS, INCLUDING BUT NOT LIMITED TO ANY PRISON OR
    7  JAIL OWNED OR OPERATED BY ANY GOVERNMENT ENTITY UNDER THE STATE'S JURIS-
    8  DICTION.
    9    2. (A) LAW ENFORCEMENT OFFICERS SHALL NOT HONOR  A  CIVIL  IMMIGRATION
   10  DETAINER  OR  ADMINISTRATIVE  WARRANT FROM FEDERAL IMMIGRATION OFFICIALS
   11  BY:
   12    (I) HOLDING A PERSON BEYOND THE TIME WHEN SUCH PERSON WOULD  OTHERWISE
   13  BE RELEASED FROM CUSTODY; OR
   14    (II)  EXPENDING  TIME OR RESOURCES RESPONDING TO INQUIRIES OR COMMUNI-
   15  CATING WITH FEDERAL IMMIGRATION AUTHORITIES OF SUCH PERSON'S  INCARCERA-
   16  TION  STATUS, RELEASE DATES, COURT APPEARANCE DATES, OR ANY OTHER INFOR-
   17  MATION RELATED TO AN INDIVIDUAL IN CUSTODY UNLESS  SUCH  A  RESPONSE  OR
   18  COMMUNICATION IS REQUIRED OR PROTECTED BY LAW.
   19    (B) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
   20  NAL WARRANT, OR LAW ENFORCEMENT OFFICIALS HAVE A LEGITIMATE LAW ENFORCE-
   21  MENT  PURPOSE THAT IS NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION LAW,
   22  LAW ENFORCEMENT OFFICERS SHALL NOT PERMIT ANY FEDERAL IMMIGRATION  OFFI-
   23  CIAL TO:
   24    (I) HAVE ACCESS TO ANY PERSON IN THEIR CUSTODY; OR
   25    (II) HAVE ACCESS TO ANY FACILITY OWNED OR OPERATED BY THE STATE, OR BY
   26  ANY  MUNICIPALITY  WITHIN  THE  STATE,  FOR THE PURPOSE OF INVESTIGATING
   27  POTENTIAL VIOLATIONS OF THE CIVIL IMMIGRATION LAW.
   28    3. NOTHING IN THIS SECTION SHALL AFFECT THE OBLIGATION OF LAW ENFORCE-
   29  MENT  OFFICERS  TO  MAINTAIN  THE  CONFIDENTIALITY  OF  ANY  INFORMATION
   30  OBTAINED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   31    4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY AUTHORITY
   32  ON ANY ENTITY TO HOLD PERSONS ON CIVIL IMMIGRATION DETAINERS BEYOND  THE
   33  AUTHORITY,  IF  ANY,  THAT  EXISTED  PRIOR TO THE EFFECTIVE DATE OF THIS
   34  SECTION.
   35    5. THIS SECTION SUPERSEDES ALL CONFLICTING POLICIES, RULES, PROCEDURES
   36  AND PRACTICES OF THE STATE. NOTHING IN THIS SECTION SHALL  BE  CONSTRUED
   37  TO  PROHIBIT  ANY STATE AGENCY FROM COOPERATING WITH FEDERAL IMMIGRATION
   38  AUTHORITIES WHEN REQUIRED UNDER FEDERAL LAW.  NOTHING  IN  THIS  SECTION
   39  SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE ANY POWER, DUTY OR OBLI-
   40  GATION IN CONFLICT WITH ANY FEDERAL, STATE OR LOCAL LAW.
   41    6.  NOTHING  CONTAINED  IN  THIS  SECTION  OR IN THE ADMINISTRATION OR
   42  APPLICATION HEREOF SHALL BE CONSTRUED AS CREATING ANY PRIVATE  RIGHT  OF
   43  ACTION  ON  THE  PART  OF ANY PERSONS OR ENTITY AGAINST THE STATE OR THE
   44  DEPARTMENT.
   45    7. ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST, THE  DEPARTMENT  SHALL
   46  POST  A  REPORT  ON THE DEPARTMENT'S WEBSITE THAT INCLUDES THE FOLLOWING
   47  INFORMATION FOR THE PRECEDING TWELVE MONTH PERIOD:
   48    (A) THE NUMBER OF CIVIL IMMIGRATION DETAINERS  RECEIVED  FROM  FEDERAL
   49  IMMIGRATION AUTHORITIES;
   50    (B) THE NUMBER OF PERSONS HELD PURSUANT TO CIVIL IMMIGRATION DETAINERS
   51  BEYOND  THE  TIME WHEN SUCH PERSONS WOULD OTHERWISE BE RELEASED FROM THE
   52  DEPARTMENT'S CUSTODY;
   53    (C) THE NUMBER OF PERSONS TRANSFERRED TO THE CUSTODY OF FEDERAL  IMMI-
   54  GRATION AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS; AND
   55    (D)  THE  JUSTIFICATION  AND  LEGAL  AUTHORITY FOR THE TRANSFER OF ANY
   56  INDIVIDUAL TO THE CUSTODY OF FEDERAL IMMIGRATION AUTHORITIES.
       S. 776                             31
    1    8. FOR THE PURPOSE OF THIS SECTION, ANY REFERENCE TO A STATUTE,  RULE,
    2  OR REGULATION SHALL BE DEEMED TO INCLUDE ANY SUCCESSOR PROVISION.
    3    S  65.  The  executive law is amended by adding a new section 243-a to
    4  read as follows:
    5    S 243-A. PERSONS NOT TO BE DETAINED.  1.  FOR  THE  PURPOSES  OF  THIS
    6  SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    7    (A) "CIVIL IMMIGRATION DETAINER" SHALL MEAN A DETAINER ISSUED PURSUANT
    8  TO 8 C.F.R. 287.7.
    9    (B)  "ADMINISTRATIVE  WARRANT"  SHALL  MEAN  AN IMMIGRATION WARRANT OF
   10  ARREST, ORDER TO DETAIN OR RELEASE ALIENS, NOTICE  OF  CUSTODY  DETERMI-
   11  NATION,  NOTICE  TO  APPEAR,  REMOVAL  ORDER, WARRANT OF REMOVAL, OR ANY
   12  OTHER DOCUMENT ISSUED BY AN IMMIGRATION AGENT THAT CAN  FORM  THE  BASIS
   13  FOR AN INDIVIDUAL'S ARREST OR DETENTION FOR A CIVIL IMMIGRATION PURPOSE.
   14    (C)  "PROBATION  OFFICER"  SHALL  MEAN ANY OFFICER, EMPLOYEE OR PERSON
   15  OTHERWISE PAID BY OR ACTING AS AN AGENT OF THE OFFICE OF  PROBATION  AND
   16  CORRECTIONAL  ALTERNATIVES, OR ANY COUNTY OR MUNICIPAL PROBATION DEPART-
   17  MENT.
   18    (D) "FEDERAL IMMIGRATION AUTHORITIES" SHALL MEAN ANY OFFICER, EMPLOYEE
   19  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF UNITED STATES IMMI-
   20  GRATION AND CUSTOMS ENFORCEMENT OR ANY DIVISION  THEREOF  OR  ANY  OTHER
   21  OFFICER,  EMPLOYEE  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF
   22  THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY WHO  IS  CHARGED  WITH
   23  ENFORCEMENT  OF  THE CIVIL PROVISIONS OF THE IMMIGRATION AND NATIONALITY
   24  ACT.
   25    (E) "FACILITY" SHALL MEAN ANY FACILITY OWNED OR LEASED BY  THE  STATE,
   26  STAFFED  BY  PERSONNEL  PAID  BY  THE  STATE,  OR USED PRIMARILY FOR THE
   27  CONDUCT OF STATE BUSINESS, INCLUDING BUT NOT LIMITED TO  ANY  PRISON  OR
   28  JAIL OWNED OR OPERATED BY ANY GOVERNMENT ENTITY UNDER THE STATE'S JURIS-
   29  DICTION.
   30    2. (A) PROBATION OFFICERS SHALL NOT HONOR A CIVIL IMMIGRATION DETAINER
   31  OR ADMINISTRATIVE WARRANT FROM FEDERAL IMMIGRATION OFFICIALS BY:
   32    (I)  HOLDING A PERSON BEYOND THE TIME WHEN SUCH PERSON WOULD OTHERWISE
   33  BE RELEASED FROM CUSTODY; OR
   34    (II) EXPENDING TIME OR RESOURCES RESPONDING TO INQUIRIES  OR  COMMUNI-
   35  CATING  WITH FEDERAL IMMIGRATION AUTHORITIES OF SUCH PERSON'S INCARCERA-
   36  TION STATUS, RELEASE DATES, COURT APPEARANCE DATES, OR ANY OTHER  INFOR-
   37  MATION  RELATED  TO  AN  INDIVIDUAL IN CUSTODY UNLESS SUCH A RESPONSE OR
   38  COMMUNICATION IS REQUIRED OR PROTECTED BY LAW.
   39    (B) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
   40  NAL WARRANT, OR LAW ENFORCEMENT OFFICIALS HAVE A LEGITIMATE LAW ENFORCE-
   41  MENT PURPOSE THAT IS NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION  LAW,
   42  PROBATION OFFICERS SHALL NOT PERMIT ANY FEDERAL IMMIGRATION OFFICIAL TO:
   43    (I) HAVE ACCESS TO ANY PERSON IN THEIR CUSTODY; OR
   44    (II) HAVE ACCESS TO ANY FACILITY OWNED OR OPERATED BY THE STATE, OR BY
   45  ANY  MUNICIPALITY  WITHIN  THE  STATE,  FOR THE PURPOSE OF INVESTIGATING
   46  POTENTIAL VIOLATIONS OF THE CIVIL IMMIGRATION LAW.
   47    (C) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
   48  NAL WARRANT, OR PROBATION OFFICERS HAVE  A  LEGITIMATE  LAW  ENFORCEMENT
   49  PURPOSE  THAT  IS  NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION LAW, NO
   50  PROBATION OFFICER SHALL
   51    (I) PROVIDE ANY DETAINEE, INMATE OR BOOKING  LISTS  TO  FEDERAL  IMMI-
   52  GRATION OFFICIALS; OR
   53    (II) EXPEND TIME OR RESOURCES RESPONDING TO INQUIRIES OR COMMUNICATING
   54  WITH FEDERAL IMMIGRATION OFFICIALS, REGARDING ANY PERSON'S INCARCERATION
   55  STATUS,  PROBATION  STATUS,  RELEASE DATE, COURT APPEARANCE DATES OR ANY
       S. 776                             32
    1  OTHER INFORMATION, UNLESS SUCH RESPONSE OR COMMUNICATIONS IS REQUIRED OR
    2  PROTECTED BY LAW.
    3    3.  NOTHING  IN  THIS SECTION SHALL AFFECT THE OBLIGATION OF PROBATION
    4  OFFICERS TO MAINTAIN THE CONFIDENTIALITY  OF  ANY  INFORMATION  OBTAINED
    5  PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
    6    4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY AUTHORITY
    7  ON ANY ENTITY TO HOLD PERSONS ON CIVIL IMMIGRATION DETAINERS BEYOND  THE
    8  AUTHORITY,  IF  ANY,  THAT  EXISTED  PRIOR TO THE EFFECTIVE DATE OF THIS
    9  SECTION.
   10    5. THIS SECTION SUPERSEDES ALL CONFLICTING POLICIES, RULES, PROCEDURES
   11  AND PRACTICES OF THE STATE. NOTHING IN THIS SECTION SHALL  BE  CONSTRUED
   12  TO  PROHIBIT  ANY STATE AGENCY FROM COOPERATING WITH FEDERAL IMMIGRATION
   13  AUTHORITIES WHEN REQUIRED UNDER FEDERAL LAW.  NOTHING  IN  THIS  SECTION
   14  SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE ANY POWER, DUTY OR OBLI-
   15  GATION IN CONFLICT WITH ANY FEDERAL, STATE OR LOCAL LAW.
   16    6.  NOTHING  CONTAINED  IN  THIS  SECTION  OR IN THE ADMINISTRATION OR
   17  APPLICATION HEREOF SHALL BE CONSTRUED AS CREATING ANY PRIVATE  RIGHT  OF
   18  ACTION  ON  THE  PART  OF ANY PERSONS OR ENTITY AGAINST THE STATE OR THE
   19  OFFICE.
   20    7. ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST, THE  DEPARTMENT  SHALL
   21  POST A REPORT ON THE OFFICE'S WEBSITE THAT INCLUDES THE FOLLOWING INFOR-
   22  MATION FOR THE PRECEDING TWELVE MONTH PERIOD:
   23    (A)  THE  NUMBER  OF CIVIL IMMIGRATION DETAINERS RECEIVED FROM FEDERAL
   24  IMMIGRATION AUTHORITIES;
   25    (B) THE NUMBER OF PERSONS HELD PURSUANT TO CIVIL IMMIGRATION DETAINERS
   26  BEYOND THE TIME WHEN SUCH PERSONS WOULD OTHERWISE BE RELEASED  FROM  THE
   27  OFFICE'S CUSTODY;
   28    (C)  THE NUMBER OF PERSONS TRANSFERRED TO THE CUSTODY OF FEDERAL IMMI-
   29  GRATION AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS; AND
   30    (D) THE JUSTIFICATION AND LEGAL AUTHORITY  FOR  THE  TRANSFER  OF  ANY
   31  INDIVIDUAL TO THE CUSTODY OF FEDERAL IMMIGRATION AUTHORITIES.
   32    8.  FOR THE PURPOSE OF THIS SECTION, ANY REFERENCE TO A STATUTE, RULE,
   33  OR REGULATION SHALL BE DEEMED TO INCLUDE ANY SUCCESSOR PROVISION.
   34    S 66. The executive law is amended by adding a new  section  223-a  to
   35  read as follows:
   36    S  223-A. PROHIBITION ON RACIAL PROFILING. 1. FOR THE PURPOSES OF THIS
   37  SECTION, "RACIAL PROFILING" SHALL MEAN THE PRACTICE OF A LAW ENFORCEMENT
   38  OFFICER OR AGENCY RELYING, TO ANY DEGREE, ON RACE,  ETHNICITY,  NATIONAL
   39  ORIGIN,  OR RELIGION IN SELECTING WHICH INDIVIDUAL TO SUBJECT TO ROUTINE
   40  OR SPONTANEOUS INVESTIGATORY ACTIVITIES OR IN DECIDING  UPON  THE  SCOPE
   41  AND SUBSTANCE OF LAW ENFORCEMENT ACTIVITY FOLLOWING THE INITIAL INVESTI-
   42  GATORY PROCEDURE, EXCEPT WHEN THERE IS TRUSTWORTHY INFORMATION, RELEVANT
   43  TO THE LOCALITY AND TIMEFRAME, THAT LINKS A PERSON OF A PARTICULAR RACE,
   44  ETHNICITY,  NATIONAL ORIGIN, OR RELIGION TO AN IDENTIFIED CRIMINAL INCI-
   45  DENT OR SCHEME.
   46    2. THE SUPERINTENDENT OF STATE POLICE AND MEMBERS OF THE  DIVISION  OF
   47  STATE POLICE SHALL NOT ENGAGE IN RACIAL PROFILING.
   48    3.  THE  DIVISION OF STATE POLICE SHALL MAINTAIN ADEQUATE POLICIES AND
   49  PROCEDURES DESIGNED TO ELIMINATE RACIAL  PROFILING  AND  CEASE  EXISTING
   50  PRACTICES  THAT  PERMIT  RACIAL PROFILING. POLICIES AND PROCEDURES SHALL
   51  INCLUDE:
   52    (A) A PROHIBITION ON RACIAL PROFILING;
   53    (B) TRAINING ON RACIAL PROFILING ISSUES AS PART OF STATE POLICE TRAIN-
   54  ING;
   55    (C) THE COLLECTION OF RELEVANT DATA;
       S. 776                             33
    1    (D) PROCEDURES FOR RECEIVING, INVESTIGATING AND RESPONDING MEANINGFUL-
    2  LY TO COMPLAINTS ALLEGING RACIAL PROFILING BY MEMBERS OF THE DIVISION OF
    3  STATE POLICE; AND
    4    (E) ANY OTHER POLICIES AND PROCEDURES THE SUPERINTENDENT DETERMINES TO
    5  BE NECESSARY TO ELIMINATE RACIAL PROFILING.
    6    4.  AN INDIVIDUAL INJURED BY RACIAL PROFILING MAY ENFORCE THIS SECTION
    7  IN A CIVIL ACTION FOR DECLARATORY OR INJUNCTIVE RELIEF, UPON PROOF  THAT
    8  THE  ROUTINE  OR  SPONTANEOUS INVESTIGATORY ACTIVITIES OF MEMBERS OF THE
    9  DIVISION OF STATE POLICE HAVE HAD A DISPARATE IMPACT ON RACIAL,  ETHNIC,
   10  OR  RELIGIOUS  MINORITIES AND SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF A
   11  VIOLATION OF THIS SECTION. IN ANY ACTION OR PROCEEDING TO  ENFORCE  THIS
   12  SECTION,  THE  COURT  MAY ALLOW A PREVAILING PLAINTIFF REASONABLE ATTOR-
   13  NEY'S FEES AS PART OF THE COSTS AND MAY INCLUDE EXPERT FEES AS  PART  OF
   14  THE ATTORNEY'S FEE.
   15    S  67.  The  provisions of this act shall not be construed to conflict
   16  with any provision of federal  law,  rule  or  regulation,  and  in  any
   17  circumstance in which a conflict may exist, the appropriate federal law,
   18  rule or regulation shall be controlling.
   19    S 68. This act shall take effect on the first of January next succeed-
   20  ing the date on which it shall have become a law, provided that:
   21    (a)  the  amendments  to  section 6604-b of the education law, made by
   22  section fourteen of this act,  shall  not  affect  the  repeal  of  such
   23  section and shall be deemed repealed therewith;
   24    (b) section twenty-eight of this act shall take effect upon the enact-
   25  ment  into law by the state of New Jersey of legislation having an iden-
   26  tical effect with such section, but if the state  of  New  Jersey  shall
   27  have  already enacted such legislation, section twenty-eight of this act
   28  shall take effect on the effective date of this act; provided  that  the
   29  office  for  new  Americans  shall  notify the legislative bill drafting
   30  commission upon the occurrence of the enactment of such  legislation  by
   31  the  state  of  New  Jersey in order that the commission may maintain an
   32  accurate and timely effective data base of the official text of the laws
   33  of the state of New York in furtherance of effectuating  the  provisions
   34  of  section  44  of  the  legislative law and section 70-b of the public
   35  officers law;
   36    (c) section thirty-six of this act shall take effect October 3,  2016;
   37  and
   38    (d)  effective  immediately,  the addition, amendment and/or repeal of
   39  any rule or regulation necessary for the implementation of this  act  on
   40  its  effective date are authorized and directed to be made and completed
   41  on or before such effective date.