S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 7879                                                 A. 10129

                      S E N A T E - A S S E M B L Y

                              June 16, 2014
                               ___________

IN  SENATE -- Introduced by Sen. RIVERA -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Rules

IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
  A.  Camara) -- read once and referred to the Committee on Governmental
  Operations

AN ACT to amend the executive law, the election law, the public officers
  law, the tax law, the general obligations law, the education law,  the
  alcoholic  beverage  control law, the general city law, chapter 882 of
  the laws of 1953, establishing a compact with the state of New  Jersey
  for  the elimination of criminal and corrupt practices in the handling
  of waterborne freight within the port of New York district, the public
  health law, the general business law, the real property law, the judi-
  ciary law, the vehicle and traffic law, the social  services  law  and
  the correction law, in relation to enacting the "New York is home act"
  to  establish  New York state citizenship, regardless of federal immi-
  gration status, and requiring the provision of certain rights of  such
  citizenship; to repeal subdivision 1 of section 502 of the vehicle and
  traffic  law relating to applications for drivers' licenses; to repeal
  section 131-k of the social services law relating to  illegal  aliens;
  and to repeal subdivision 3 of section 661 of the education law relat-
  ing to residency for eligibility for student financial aid

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "New York is home act".
  S  2. Legislative findings. The legislature hereby finds that New York
is home to over 19.5 million individuals, including workers,  consumers,
students,  neighbors and taxpayers. The wellbeing of this state is inex-
tricably linked to the wellbeing of all these  New  Yorkers.  These  New
Yorkers  share  a  common destiny and common dreams: a thriving New York
state replete with healthy families, healthy  communities  and  striving
businesses.  New  York is home to these individuals, regardless of their
federal immigration status.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15364-02-4

S. 7879                             2                           A. 10129

  This act addresses the compelling need to lift up all state residents,
upon whom this state's society, vibrancy,  health  and  economic  growth
depend.  Our  state  recognizes the value of those who contribute to and
make our state home.
  It  also makes economic sense to enable all New Yorkers, who are pres-
ent in and a part of the fabric of our state, to contribute fully to our
state revenue, to participate in our state conversations, and to  access
benefits  that are the foundation of a healthy, thriving New York state.
Although the futures of many New Yorkers are undeniably circumscribed by
current federal immigration law, many of those New Yorkers also enjoy an
inchoate federal permission to be here, and this state enables  them  to
make our state their home, as well. Many of these New Yorkers pay taxes,
with approximately $744 million paid in state and local taxes each year.
However,  current  state  law  prevents them from accessing equal higher
education opportunities, health  care  benefits,  drivers  licenses  and
professional  licenses. Denying New Yorkers these benefits means denying
the state its full potential to succeed.
  The state of New York respects the exclusive province of  the  federal
government  to  regulate immigration and the flow of immigrants into and
out of our country. However, this state retains and asserts its historic
authority to define its citizenry, and to  affirmatively  provide  state
and  local  public  benefits  to  citizens of the state of New York. The
state seeks to provide such benefits to all of its  citizens,  irrespec-
tive  of that individual's eligibility for the same under federal law or
pursuant to federal funding. There is nothing in this act that should be
deemed to conflict with federal law.
  S 3. The executive law is amended by adding a new article 14-A to read
as follows:
                              ARTICLE 14-A
                       NEW YORK STATE CITIZENSHIP
SECTION 275.   DEFINITIONS.
        275-A. STATE CITIZENSHIP; ADMINISTRATION.
        275-B. ELIGIBILITY CRITERIA.
        275-C. ACCEPTABILITY; BENEFITS.
        275-D. STATE AGENCY REVIEW.
        275-E. SEVERABILITY.
        275-F. LOCAL LAWS.
  S 275. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "NEW YORK STATE CITIZEN" OR "CITIZEN" SHALL MEAN ANY INDIVIDUAL WHO
SATISFIES THE REQUIREMENTS OF SUBDIVISION ONE  OF  SECTION  TWO  HUNDRED
SEVENTY-FIVE-C OF THIS ARTICLE.
  2.  "NEW YORK STATE IDENTIFICATION CARD" SHALL MEAN THE PHYSICAL IDEN-
TIFICATION CARD THAT  A  CITIZEN  IS  ELIGIBLE  TO  RECEIVE,  AND  WHICH
INCLUDES  THAT  CITIZEN'S  NEW YORK STATE IDENTIFICATION NUMBER AND SUCH
CARD'S DATE OF ISSUANCE.
  3. "NEW YORK STATE IDENTIFICATION NUMBER" SHALL MEAN THE UNIQUE  IDEN-
TIFICATION  NUMBER  THAT  A  CITIZEN IS ASSIGNED BY THE OFFICE AND WHICH
APPEARS ON SUCH CITIZEN'S NEW YORK STATE IDENTIFICATION CARD.
  4. "OFFICE" SHALL MEAN THE OFFICE FOR NEW AMERICANS ESTABLISHED BY THE
GOVERNOR.
  S 275-A. STATE CITIZENSHIP; ADMINISTRATION.  1. THE PROVISIONS OF THIS
ARTICLE SHALL BE ADMINISTERED BY THE OFFICE. THE OFFICE SHALL:
  (A) RECOGNIZE  THE  NEW  YORK  STATE  CITIZENSHIP  OF  ANY  INDIVIDUAL
DESCRIBED  IN  SUBDIVISION  ONE OF SECTION TWO HUNDRED SEVENTY-FIVE-B OF
THIS ARTICLE, AND GRANT AND RENEW NEW  YORK  STATE  CITIZENSHIP  TO  ANY

S. 7879                             3                           A. 10129

INDIVIDUAL  WHO  MEETS  THE  CRITERIA  SET  FORTH  IN SUBDIVISION TWO OF
SECTION TWO HUNDRED SEVENTY-FIVE-B OF THIS ARTICLE;
  (B)  GRANT  A  NEW  YORK  STATE IDENTIFICATION CARD AND NEW YORK STATE
IDENTIFICATION NUMBER TO ANY CITIZEN;
  (C) GRANT A RENEWED NEW YORK STATE IDENTIFICATION CARD  AND  NEW  YORK
STATE  IDENTIFICATION NUMBER TO ANY CITIZEN DESCRIBED IN SUBDIVISION ONE
OF SECTION TWO HUNDRED SEVENTY-FIVE-B OF THIS ARTICLE, AND TO ANY  CITI-
ZEN  DESCRIBED  IN SUBDIVISION TWO OF SECTION TWO HUNDRED SEVENTY-FIVE-B
OF THIS ARTICLE, WHO DEMONSTRATES THAT  THEY  CONTINUE  TO  SATISFY  THE
CRITERIA SET FORTH THEREIN;
  (D)  PROMULGATE  RULES  AND REGULATIONS TO EFFECT THE PURPOSES OF THIS
ARTICLE; AND
  (E) ESTABLISH, PUBLICIZE AND ADMINISTER PROCEDURES TO GRANT  NEW  YORK
STATE  CITIZENSHIP,  NEW  YORK  STATE  IDENTIFICATION CARDS AND NEW YORK
STATE IDENTIFICATION NUMBERS.
  2. NEW YORK STATE CITIZENSHIP SHALL BE A CONTINUING STATUS THAT  SHALL
END  WHEN  AN  INDIVIDUAL  IS NO LONGER A RESIDENT OF THE STATE. THE NEW
YORK STATE IDENTIFICATION CARD AND NEW YORK STATE IDENTIFICATION  NUMBER
SHALL BE VALID FOR A PERIOD OF FIVE YEARS AFTER THE DATE OF ISSUANCE.
  S  275-B.  ELIGIBILITY  CRITERIA. ANY INDIVIDUAL, REGARDLESS OF HIS OR
HER IMMIGRATION STATUS, WHO MEETS EITHER OF THE  FOLLOWING  REQUIREMENTS
SHALL BE DEEMED TO BE A CITIZEN:
  1. IS A RESIDENT OF THE STATE WHO IS A CITIZEN OF THE UNITED STATES;
  2. IS ADJUDGED BY THE OFFICE TO SATISFY ALL OF THE FOLLOWING CRITERIA:
  (A) HAS PROOF OF IDENTITY;
  (B) HAS BEEN A RESIDENT OF THE STATE FOR NOT LESS THAN THREE YEARS;
  (C) HAS PAID STATE RESIDENT PERSONAL INCOME TAXES, PURSUANT TO ARTICLE
TWENTY-TWO  OF  THE TAX LAW, FOR A PERIOD OF NOT LESS THAN THREE TAXABLE
YEARS; PROVIDED HOWEVER, THAT SUCH REQUIREMENT SHALL NOT APPLY TO  INDI-
VIDUALS  WHO  ARE  STUDENTS,  PRIMARY  CAREGIVERS, UNABLE TO WORK DUE TO
DISABILITY, UNEMPLOYED OR OTHERWISE NOT REQUIRED PURSUANT TO SUCH  ARTI-
CLE OF THE TAX LAW TO REPORT HIS OR HER INCOME;
  (D)  HAS  PLEDGED  TO ABIDE BY THE LAWS OF THE STATE AND TO UPHOLD THE
PROVISIONS OF THE STATE CONSTITUTION; AND
  (E) HAS ATTESTED TO HIS OR HER WILLINGNESS  TO  SERVE  ON  JURY  DUTY,
PURSUANT TO ARTICLE SIXTEEN OF THE JUDICIARY LAW, AND TO CONTINUE TO PAY
ANY TAXES REQUIRED TO BE PAID BY HIM OR HER PURSUANT TO ANY PROVISION OF
STATE OR LOCAL LAW.
  3.  (A)  THE  STATE  SHALL  NOT  RETAIN ORIGINALS OR COPIES OF RECORDS
PROVIDED BY AN APPLICANT TO PROVE IDENTITY OR RESIDENCY OR OTHER  ELIGI-
BILITY REQUIREMENTS OF STATE CITIZENSHIP.
  (B) TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE FEDERAL AND STATE LAW,
INFORMATION  COLLECTED  ABOUT  APPLICANTS FOR STATE CITIZENSHIP SHALL BE
TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO  GOVERNMENT  ENTI-
TIES OR PRIVATE PARTIES UNLESS SUCH DISCLOSURE IS:
  (I)  AUTHORIZED  IN WRITING BY THE INDIVIDUAL TO WHOM SUCH INFORMATION
PERTAINS, OR IF SUCH INDIVIDUAL IS A MINOR OR IS OTHERWISE  NOT  LEGALLY
COMPETENT, BY SUCH INDIVIDUAL'S PARENT OR LEGAL GUARDIAN; OR
  (II) SO ORDERED BY A COURT OF COMPETENT JURISDICTION.
  S  275-C.  ACCEPTABILITY; BENEFITS. 1. EXCEPT AS OTHERWISE PROVIDED BY
FEDERAL LAW, A NEW YORK STATE IDENTIFICATION CARD SHALL BE ACCEPTED  AND
BE  DEEMED  TO BE VALID GOVERNMENT IDENTIFICATION WHERE A STATE DRIVERS'
LICENSE WOULD BE ACCEPTED, AND THE NEW YORK STATE IDENTIFICATION  NUMBER
SHALL BE ACCEPTED FOR USE IN SUBSTITUTION FOR A SOCIAL SECURITY NUMBER.
  2.  ANY  PERSON IN POSSESSION OF A VALID NEW YORK STATE IDENTIFICATION
CARD SHALL NOT BE DISQUALIFIED FROM ELIGIBILITY FOR ANY OF THE FOLLOWING

S. 7879                             4                           A. 10129

STATE BENEFITS BY VIRTUE OF HIS OR HER LACK OF DOCUMENTATION OF  FEDERAL
IMMIGRATION STATUS:
  (A)  ANY  LICENSE,  PERMIT,  CERTIFICATE  OR  GRANT  OF PERMISSION, AS
DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF SECTION 3-503 OF THE GENER-
AL OBLIGATIONS LAW AND REQUIRED BY THE LAWS OF THIS STATE, ITS POLITICAL
SUBDIVISIONS OR INSTRUMENTALITIES AS A CONDITION FOR THE LAWFUL PRACTICE
OF ANY OCCUPATION, EMPLOYMENT, TRADE, VOCATION, BUSINESS OR  PROFESSION,
AND ISSUED BY THE STATE OR ANY POLITICAL SUBDIVISION THEREOF;
  (B) THE ABILITY TO REGISTER FOR AND VOTE AT STATE AND LOCAL ELECTIONS,
AS PROVIDED IN SECTION 5-100 OF THE ELECTION LAW;
  (C) PUBLIC HEALTH BENEFITS;
  (D)  A  DRIVERS'  LICENSE, PURSUANT TO SECTION FIVE HUNDRED TWO OF THE
VEHICLE AND TRAFFIC LAW; AND
  (E) BENEFITS GOVERNED BY ARTICLES THIRTEEN AND FOURTEEN OF THE  EDUCA-
TION  LAW,  SUCH  AS  GENERAL  AWARDS,  ACADEMIC  PERFORMANCE AWARDS AND
STUDENT LOANS FOR HIGHER EDUCATION; ASSISTANCE UNDER THE  HIGHER  EDUCA-
TION  OPPORTUNITY  PROGRAMS  AND  THE  COLLEGIATE SCIENCE AND TECHNOLOGY
ENTRY PROGRAM; FINANCIAL AID OPPORTUNITIES FOR  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK, THE CITY UNIVERSITY OF NEW YORK AND COMMUNITY
COLLEGES; AND THE NEW YORK STATE COLLEGE CHOICE TUITION SAVINGS PROGRAM.
  3. NOTHING IN THIS SECTION SHALL BE DEEMED TO DEPRIVE  ANY  INDIVIDUAL
OF  ANY  BENEFIT  RECEIVED  BY  HIM  OR HER PURSUANT TO LAW PRIOR TO THE
EFFECTIVE DATE OF THIS ARTICLE.
  S 275-D. STATE AGENCY REVIEW.  ALL STATE AGENCIES SHALL  REVIEW  THEIR
RULES  AND  REGULATIONS TO MAKE SURE THEY ARE CONSISTENT WITH THIS ARTI-
CLE, AND MAKE SUCH NECESSARY CHANGES WITHIN ONE HUNDRED EIGHTY  DAYS  OF
THE EFFECTIVE DATE OF THIS ARTICLE.
  S  275-E. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT  JURIS-
DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
DATE  THE  REMAINDER  THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
THE CLAUSE, SENTENCE,  PARAGRAPH,  SECTION,  OR  PART  THEREOF  DIRECTLY
INVOLVED  IN  THE  CONTROVERSY  IN  WHICH  SUCH JUDGMENT SHALL HAVE BEEN
RENDERED.
  S 275-F. LOCAL LAWS.  THIS ARTICLE SHALL NOT  PREVENT  THE  ESTABLISH-
MENT,  CONTINUING  IN  EFFECT OR ENFORCEMENT OF ANY LAW OR REGULATION OF
ANY POLITICAL SUBDIVISION OF THE  STATE  THAT  PROTECTS  THE  RIGHTS  OR
FOSTERS  THE  INTEGRATION  OF  NEW  YORK  STATE CITIZENS IN A MANNER NOT
INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
  S 4. Subdivision 1 of section 5-102 of the election law is amended  to
read as follows:
  1.  No  person  shall  be  qualified  to  register for and vote at any
election unless he OR SHE is a citizen of the United States OR HE OR SHE
POSSESSES A NEW YORK STATE IDENTIFICATION CARD, and is or  will  be,  on
the  day of such election, eighteen years of age or over, and a resident
of this state and of the county, city or village for a minimum of thirty
days next preceding such election.
  S 5. Subdivision 1 of section 3 of the public officers law, as amended
by chapter 44 of the laws of 1982, is amended to read as follows:
  1. No person shall be capable of holding a civil office who shall not,
at the time he shall be chosen thereto, have attained the age  of  eigh-
teen  years,  except that in the case of youth boards, youth commissions
or recreation commissions only, members of such  boards  or  commissions
may  be  under the age of eighteen years, but must have attained the age
of sixteen years on or before appointment to  such  youth  board,  youth
commission  or  recreation commission, be a citizen of the United States

S. 7879                             5                           A. 10129

OR A NEW YORK STATE CITIZEN, a resident of the state, and  if  it  be  a
local  office,  a  resident  of  the  political subdivision or municipal
corporation of the state for which he shall be chosen, or  within  which
the electors electing him reside, or within which his official functions
are  required  to  be  exercised,  or  who  shall  have been or shall be
convicted of a violation of  the  selective  draft  act  of  the  United
States,  enacted May eighteenth, nineteen hundred seventeen, or the acts
amendatory or supplemental thereto, or of the federal selective training
and service act of nineteen hundred forty or the acts amendatory thereof
or supplemental thereto.
  S 6. Subparagraphs vi and vii of paragraph (b)  of  subdivision  2  of
section  89 of the public officers law, as amended by section 11 of part
U of chapter 61 of the laws of 2011, are amended and  two  new  subpara-
graphs viii and ix are added to read as follows:
  vi.  information  of a personal nature contained in a workers' compen-
sation record, except as provided by section one hundred  ten-a  of  the
workers' compensation law; [or]
  vii.  disclosure  of electronic contact information, such as an e-mail
address or a social network username, that has  been  collected  from  a
taxpayer under section one hundred four of the real property tax law[.];
  VIII. DISCLOSURE OF INFORMATION USED TO OBTAIN NEW YORK STATE CITIZEN-
SHIP  ON  A NEW YORK STATE IDENTIFICATION CARD INCLUDING BUT NOT LIMITED
TO NAMES, ADDRESSES AND IDENTIFYING INFORMATION OF RECIPIENTS OR  APPLI-
CANTS  OF  SUCH  CITIZENSHIP  OR  CARDS,  AND ANY INFORMATION THAT COULD
REASONABLY BE EXPECTED TO LEAD TO SUCH DISCLOSURE; OR
  IX. DISCLOSURE OF INFORMATION WHEN DISCLOSURE WOULD  RESULT  IN  IDEN-
TIFICATION OF PEOPLE WHO ARE NEW YORK STATE CITIZENS.
  S  7. Subdivision 2 of section 5 of the tax law, as amended by chapter
170 of the laws of 1994, is amended to read as follows:
  2. Requiring information. Notwithstanding any other provision of  law,
every  covered  agency  shall,  as  part  of the procedure for granting,
renewing, amending, supplementing or restating the license of any person
or at the time the covered agency contracts  to  purchase  or  purchases
goods  or  services or leases real or personal property from any person,
require that each  such  person  provide  to  the  covered  agency  such
person's  federal  social security account number [or], federal employer
identification number OR NEW YORK STATE IDENTIFICATION NUMBER, or [both]
ALL such numbers  when  such  person  has  [both]  MORE  THAN  ONE  such
[numbers]  NUMBER,  or,  where  such person does not have such number or
numbers, the reason or reasons why such person does not have such number
or numbers. Such numbers or reasons shall be obtained  by  such  covered
agency  as  part  of the administration of the taxes administered by the
commissioner for the  purpose  of  establishing  the  identification  of
persons affected by such taxes.
  S  8. Subparagraph 3 of paragraph (a) of subdivision 3 of section 5 of
the tax law, as amended by chapter 170 of the laws of 1994,  is  amended
to read as follows:
  (3)  federal  social  security  account  number [or], federal employer
identification number OR NEW YORK STATE IDENTIFICATION NUMBER, or [both]
ALL such numbers where  such  person  has  [both]  MORE  THAN  ONE  such
[numbers]  NUMBER,  or  the reason or reasons, furnished by such person,
why such person does not have such number or numbers.
  S 9. The opening paragraph of subdivision 2 of section  3-503  of  the
general  obligations law, as amended by chapter 398 of the laws of 1997,
is amended to read as follows:

S. 7879                             6                           A. 10129

  Every applicant for a license or renewal thereof shall provide his  or
her social security number OR, IF HE OR SHE DOES NOT HAVE A SOCIAL SECU-
RITY  NUMBER,  HIS  OR  HER  NEW YORK STATE IDENTIFICATION NUMBER on the
application.  Additionally, every applicant for  a  license  or  renewal
thereof  shall  certify  in the application in a written statement under
oath, duly sworn and subscribed, that as of the date the application  is
filed he or she is (or is not) under obligation to pay child support and
that  if  he or she is under such an obligation, that he or she does (or
does not) meet one of the following requirements:
  S 10. Paragraph (f) of subdivision 6 of section 6506 of the  education
law,  as  amended by chapter 133 of the laws of 1982, is amended to read
as follows:
  (f) Citizenship or immigration status:  be  a  United  States  citizen
[or],  an  alien lawfully admitted for permanent residence in the United
States OR A NEW YORK STATE CITIZEN;
  S 11. Subdivision 6 of section 6524 of the education law,  as  amended
by chapter 379 of the laws of 2008, is amended to read as follows:
  (6)  Citizenship  or  immigration  status:  be a United States citizen
[or], an alien lawfully admitted for permanent residence in  the  United
States[;  provided,  however that the board of regents may grant a three
year waiver for an alien physician to practice in an area which has been
designated by the department as medically underserved, except  that  the
board  of  regents  may  grant an additional extension not to exceed six
years to an alien physician to enable him or her to  secure  citizenship
or  permanent  resident  status,  provided such status is being actively
pursued; and provided further that the board of  regents  may  grant  an
additional  three year waiver, and at its expiration, an extension for a
period not to exceed six additional years, for the  holder  of  an  H-1b
visa,  an O-1 visa, or an equivalent or successor visa thereto] OR A NEW
YORK STATE CITIZEN;
  S 12. Subdivision 6 of section 6554 of the education law,  as  amended
by chapter 133 of the laws of 1982, is amended to read as follows:
  (6)  Citizenship  or  immigration  status:  be a United States citizen
[or], an alien lawfully admitted for permanent residence in  the  United
States OR A NEW YORK STATE CITIZEN;
  S  13.  Subdivision 6 of section 6604 of the education law, as amended
by chapter 403 of the laws of 2002, is amended to read as follows:
  (6) Citizenship or immigration status:  be  a  United  States  citizen
[or],  an  alien lawfully admitted for permanent residence in the United
States[; provided, however, that the board of regents may grant a  three
year  waiver  for  an alien to practice in an area which has been desig-
nated a federal dental health professions shortage area, except that the
board of regents may grant an additional extension  not  to  exceed  six
years  to  an alien to enable him or her to secure citizenship or perma-
nent resident status, provided such status is being actively pursued] OR
A NEW YORK STATE CITIZEN;
  S 14. Subdivision 7 of section 6604-b of the education law,  as  added
by chapter 537 of the laws of 2008, is amended to read as follows:
  7.  In order to be eligible for a restricted dental faculty license an
applicant must be a United States citizen [or], an alien lawfully admit-
ted for permanent residence in the United  States[;  provided,  however,
that  the  department  may  grant  a  three year waiver for an alien who
otherwise meets all other requirements for a restricted  dental  faculty
license except that the department may grant an additional extension not
to  exceed six years to an alien to enable him or her to secure citizen-
ship or permanent resident status, provided such status is being active-

S. 7879                             7                           A. 10129

ly pursued. No current faculty member shall be displaced by  the  holder
of a restricted dental faculty license] OR A NEW YORK STATE CITIZEN.
  S  15.  Subdivision 6 of section 6609 of the education law, as amended
by chapter 403 of the laws of 2002, is amended to read as follows:
  (6) Citizenship or immigration status:  be  a  United  States  citizen
[or],  an  alien lawfully admitted for permanent residence in the United
States[; provided, however, that the board of regents may grant a  three
year  waiver  for  an alien to practice in an area which has been desig-
nated a federal dental health professions shortage area, except that the
board of regents may grant an additional extension  not  to  exceed  six
years  to  an alien to enable him or her to secure citizenship or perma-
nent resident status, provided such status is being actively pursued] OR
A NEW YORK STATE CITIZEN;
  S 16. Subdivision 6 of section 6704 of the education law,  as  amended
by chapter 201 of the laws of 2007, is amended to read as follows:
  (6)  Citizenship  or  immigration  status:  be a United States citizen
[or], an alien lawfully admitted for permanent residence in  the  United
States[;  provided,  however  that the board of regents may grant a one-
time three-year waiver  for  a  veterinarian  who  otherwise  meets  the
requirements  of  this article and who has accepted an offer to practice
veterinary medicine in a county in the state which  the  department  has
certified  as having a shortage of qualified applicants to fill existing
vacancies in veterinary medicine, and provided further that the board of
regents may grant an extension of such three-year  waiver  of  not  more
than one year] OR A NEW YORK STATE CITIZEN;
  S  17.  Subdivision 6 of section 6711 of the education law, as amended
by chapter 80 of the laws of 2000, is amended to read as follows:
  6. Citizenship or immigration status: be a United States citizen [or],
an alien  lawfully  admitted  for  permanent  residence  in  the  United
States[;  provided,  however  that the board of regents may grant a one-
time three-year waiver for an animal  health  technician  who  otherwise
meets  the  requirements  of  this article and provided further that the
board of regents may grant an extension of such three-year waiver of not
more than one year] OR A NEW YORK STATE CITIZEN;
  S 18. Subdivision 1 of section 6711-a of the education law, as amended
by chapter 333 of the laws of 1990, is amended to read as follows:
  1. Eligibility. Persons shall be eligible for  a  limited  permit  who
fulfill all requirements for a license as a veterinary technician except
those  relating  to  the examination [and citizenship or permanent resi-
dence in the United States].
  S 19. Paragraph 6 of subdivision 1 of section 6805  of  the  education
law,  as  amended by chapter 133 of the laws of 1982, is amended to read
as follows:
  (6) Citizenship or immigration status:  be  a  United  States  citizen
[or],  an  alien lawfully admitted for permanent residence in the United
States OR A NEW YORK STATE CITIZEN;
  S 20. Subdivision 6 of section 6955 of the education law, as added  by
chapter 327 of the laws of 1992, is amended to read as follows:
  6. Citizenship or immigration status: be a United States citizen [or],
an  alien lawfully admitted for permanent residence in the United States
OR A NEW YORK STATE CITIZEN.
  S 21. Paragraph 6 of subdivision 1 of section 7206  of  the  education
law,  as  amended by chapter 133 of the laws of 1982, is amended to read
as follows:

S. 7879                             8                           A. 10129

  (6) Citizenship or immigration status:  be  a  United  States  citizen
[or],  an  alien lawfully admitted for permanent residence in the United
States OR A NEW YORK STATE CITIZEN;
  S  22. Paragraph 6 of subdivision 1 of section 7206-a of the education
law, as amended by chapter 133 of the laws of 1982, is amended  to  read
as follows:
  (6)  Citizenship  or  immigration  status:  be a United States citizen
[or], an alien lawfully admitted for permanent residence in  the  United
States OR A NEW YORK STATE CITIZEN;
  S  23.  Paragraph  6 of subdivision 1 of section 7324 of the education
law, as amended by chapter 133 of the laws of 1982, is amended  to  read
as follows:
  (6)  Citizenship  or  immigration  status:  be a United States citizen
[or], an alien lawfully admitted for permanent residence in  the  United
States OR A NEW YORK STATE CITIZEN;
  S  24.  Paragraph  6 of subdivision 1 of section 7504 of the education
law, as amended by chapter 133 of the laws of 1982, is amended  to  read
as follows:
  (6) Citizenship or immigration status: be a United States citizen [or]
,  an  alien  lawfully  admitted  for  permanent residence in the United
States OR A NEW YORK STATE CITIZEN;
  S 25. Subdivision 5 of section 7804 of the education law,  as  amended
by chapter 230 of the laws of 1997, is amended to read as follows:
  (5)  Citizenship  or  immigration  status:  be a United States citizen
[or], an alien lawfully admitted for permanent residence in  the  United
States OR A NEW YORK STATE CITIZEN;
  S  26.  Subdivisions  3 and 4 of section 126 of the alcoholic beverage
control law, subdivision 3 as added by chapter 133 of the laws  of  1982
and  subdivision  4  as  amended by section 50 of subpart B of part C of
chapter 62 of the laws of 2011, are amended to read as follows:
  3. A person who is not a citizen of the United States [or],  an  alien
lawfully  admitted for permanent residence in the United States OR A NEW
YORK STATE CITIZEN.
  4. A copartnership or a corporation, unless each member of  the  part-
nership,  or  each of the principal officers and directors of the corpo-
ration, is a citizen of the United States [or], an alien lawfully admit-
ted for permanent residence in the United States OR  A  NEW  YORK  STATE
CITIZEN,  not  less  than  twenty-one  years  of  age,  and has not been
convicted of any felony or any of the misdemeanors, specified in section
eleven hundred forty-six of the former penal law as in force and  effect
immediately  prior  to September first, nineteen hundred sixty-seven, or
of an offense defined in section 230.20 or 230.40 of the penal  law,  or
if  so  convicted has received, subsequent to such conviction, an execu-
tive pardon therefor removing this  disability  a  certificate  of  good
conduct  granted  by  the department of corrections and community super-
vision, or a certificate of relief  from  disabilities  granted  by  the
department  of  corrections and community supervision or a court of this
state  pursuant  to  the  provisions  of  article  twenty-three  of  the
correction  law  to  remove the disability under this section because of
such conviction; provided however that  a  corporation  which  otherwise
conforms to the requirements of this section and chapter may be licensed
if  each  of its principal officers and more than one-half of its direc-
tors are citizens of the United States [or],  aliens  lawfully  admitted
for permanent residence in the United States OR NEW YORK STATE CITIZENS;
and provided further that a corporation organized under the not-for-pro-
fit corporation law or the education law which otherwise conforms to the

S. 7879                             9                           A. 10129

requirements  of this section and chapter may be licensed if each of its
principal officers and more than one-half of its directors are not  less
than  twenty-one  years  of  age and none of its directors are less than
eighteen years of age; and provided further that a corporation organized
under  the  not-for-profit  corporation  law  or  the  education law and
located on the premises of a college as defined by section  two  of  the
education  law  which  otherwise  conforms  to  the requirements of this
section and chapter may be licensed if each of  its  principal  officers
and each of its directors are not less than eighteen years of age.
  S 27. Section 10 of the general city law, as amended by chapter 133 of
the laws of 1982, is amended to read as follows:
  S 10. Licenses  to  adult  blind  persons. The mayor of any city shall
have the power to issue a license to any  adult  blind  person  for  the
vending  of  goods,  or  newspapers  in such places as he OR SHE may set
aside for this purpose. The license shall be issued for a  term  of  one
year and no charge shall be made for the license. A license shall not be
issued  to a blind person unless he or she is a resident for three years
in the city in which application for such license  is  made,  and  is  a
citizen of the United States [or], an alien lawfully admitted for perma-
nent residence in the United States OR A NEW YORK STATE CITIZEN.
  This license shall be revocable only for cause.
  S  28. Paragraphs (a) and (c) of subdivision 2 of article X of section
1 of part I of 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, are amended to read as follows:
  (a) The full name, residence, business address  (if  any),  place  and
date  of  birth,  and  THE  social security number OR THE NEW YORK STATE
IDENTIFICATION NUMBER of the applicant;
  (c) The citizenship of the applicant and, if he OR SHE is  a  natural-
ized  citizen  of  the  United  States, the court and date of his OR HER
naturalization, OR IF HE OR SHE IS A NEW YORK STATE CITIZEN, THE DATE OF
ISSUANCE OF HIS OR HER NEW YORK STATE IDENTIFICATION CARD; and
  S 29. Paragraph (a) of subdivision 2 of section  3421  of  the  public
health law, as amended by chapter 534 of the laws of 1983, is amended to
read as follows:
  (a) is a citizen of the United States [or], an alien lawfully admitted
for  permanent  residence  in  the  United  States  OR  A NEW YORK STATE
CITIZEN;
  S 30. Section 41 of the general business law, as  amended  by  chapter
321 of the laws of 1983, is amended to read as follows:
  S 41. Licenses, how obtained; penalty for carrying on business without
license.  The  mayor  or such local licensing authority may from time to
time grant, under his OR HER hand and the official seal of  his  OR  HER
office,  to  such  citizens  OF  THE UNITED STATES, [or] aliens lawfully
admitted for permanent residence in the United States OR NEW YORK  STATE
CITIZENS, as he OR SHE shall deem proper and who shall produce to him OR
HER satisfactory evidence of their good character, a license authorizing
such  person to carry on the business of a collateral loan broker, which
license shall designate the house in which such person  shall  carry  on
said  business,  and  no  person, corporation, partnership or firm shall
carry on the business of a collateral loan  broker  without  being  duly
licensed,  nor  in  any  other  house  than  the  one designated in said
license, under a penalty of one hundred dollars for each day he, SHE  or
they shall exercise or carry on said business without such license or at
any  other  house  than the one so designated. Any person receiving such

S. 7879                            10                           A. 10129

license shall pay therefor the sum of five hundred dollars for  the  use
of the city yearly where such business is to be conducted in a city with
a population of more than one million persons, and where the business is
to  be conducted elsewhere the fee for such license shall not exceed two
hundred fifty dollars yearly, and every such license  shall  expire  one
year  from  the  date  thereof, and may be renewed on application to the
mayor or local licensing authority each and every year on payment of the
same sum and upon performance of the other conditions herein  contained.
Every  person  so licensed shall, at the time of receiving such license,
file with the mayor or such local licensing authority granting the  same
a  bond  to  the  local  authorities,  to  be  executed by the person so
licensed and by two responsible sureties, in the penal sum of ten  thou-
sand dollars, to be approved by such mayor or local licensing authority,
which  bond  shall  be  conditioned  for the faithful performance of the
duties and obligations pertaining to the business so licensed,  and  the
mayor  or  such  local  licensing  authority  shall  have full power and
authority to revoke such license for cause.
  S 31. Subdivision 1 of section 72 of  the  general  business  law,  as
amended  by  chapter  164  of  the  laws  of 2003, is amended to read as
follows:
  1. If the applicant is a person, the application shall  be  subscribed
by such person, and if the applicant is a firm or partnership the appli-
cation  shall be subscribed by each individual composing or intending to
compose such firm or partnership. The application shall state  the  full
name,  age, residences within the past three years, present and previous
occupations of each person or individual so signing the same, that  each
person  or  individual  is a citizen of the United States [or], an alien
lawfully admitted for permanent residence in the United States OR A  NEW
YORK  STATE CITIZEN and shall also specify the name of the city, town or
village, stating the street and number, if the premises  have  a  street
and  number, and otherwise such apt description as will reasonably indi-
cate the location thereof, where is to be located the principal place of
business and the bureau, agency, sub-agency, office or branch office for
which the license is desired, and such further facts as may be  required
by  the  department  of state to show the good character, competency and
integrity of each person or individual so signing such application. Each
person or individual signing such application shall, together with  such
application,  submit  to the department of state, his OR HER photograph,
taken within six months prior thereto in duplicate, in passport size and
also two sets of fingerprints of his OR HER two hands recorded  in  such
manner as may be specified by the secretary of state or the secretary of
state's  authorized representative. Before approving such application it
shall be the duty of the secretary of state or the secretary of  state's
authorized  representative  to  forward one copy of such fingerprints to
the division of criminal justice services. Upon receipt of such  finger-
prints,  such  division shall forward to the secretary of state a report
with respect to the applicant's previous criminal history, if any, or  a
statement  that the applicant has no previous criminal history according
to its files. If additional copies  of  fingerprints  are  required  the
applicant  shall  furnish  them  upon  request. Such fingerprints may be
submitted to the federal bureau of investigation for a national criminal
history record check. The secretary shall reveal the name of the  appli-
cant to the chief of police and the district attorney of the applicant's
residence  and  of  the  proposed place of business and shall request of
them a report concerning the applicant's character  in  the  event  they
shall  have  information  concerning  it.  The secretary shall take such

S. 7879                            11                           A. 10129

other steps as may be necessary to investigate the honesty, good charac-
ter and integrity of each applicant. Every such applicant for a  license
as  private  investigator  shall  establish  to  the satisfaction of the
secretary of state (a) if the applicant be a person, or, (b) in the case
of  a  firm,  limited  liability company, partnership or corporation, at
least one member of such firm, partnership, limited liability company or
corporation, has been regularly employed, for a period of not less  than
three  years,  undertaking  such  investigations  as  those described as
performed by a private investigator in subdivision one of section seven-
ty-one of this article, as a sheriff, police officer in a city or county
police department, or the division of state police, investigator  in  an
agency of the state, county, or United States government, or employee of
a  licensed  private investigator, or has had an equivalent position and
experience or that such person or member was an  employee  of  a  police
department who rendered service therein as a police officer for not less
than  twenty  years or was an employee of a fire department who rendered
service therein as a fire marshal for not less than twenty years. Howev-
er, employment as a watchman, guard or private patrolman  shall  not  be
considered  employment  as a "private investigator" for purposes of this
section. Every such applicant for a license as watch,  guard  or  patrol
agency shall establish to the satisfaction of the secretary of state (a)
if  the  applicant  be  a person, or, (b) in the case of a firm, limited
liability company, partnership or corporation, at least  one  member  of
such  firm,  partnership,  limited liability company or corporation, has
been regularly employed, for a  period  of  not  less  than  two  years,
performing  such duties or providing such services as described as those
performed or furnished by a watch, guard or patrol agency in subdivision
two of section seventy-one of this article, as a sheriff, police officer
in a city or county police department, or employee of an agency  of  the
state,  county or United States government, or licensed private investi-
gator or watch, guard or patrol agency, or has had an  equivalent  posi-
tion  and  experience;  qualifying  experience shall have been completed
within such period of time and at such time prior to the filing  of  the
application  as  shall  be  satisfactory  to the secretary of state. The
person or member meeting the experience requirement under this  subdivi-
sion and the person responsible for the operation and management of each
bureau,  agency,  sub-agency,  office  or branch office of the applicant
shall provide sufficient proof of having  taken  and  passed  a  written
examination  prescribed  by  the secretary of state to test their under-
standing of their rights, duties and powers as  a  private  investigator
and/or  watchman, guard or private patrolman, depending upon the work to
be performed under the license. In the case of an application subscribed
by a resident of the  state  of  New  York  such  application  shall  be
approved,  as to each resident person or individual so signing the same,
but not less than five reputable citizens of the community in which such
applicant resides or transacts business, or in which it is  proposed  to
own,  conduct, manage or maintain the bureau, agency, sub-agency, office
or branch office for which the license is desired, each  of  whom  shall
subscribe and affirm as true, under the penalties of perjury, that he OR
SHE  has  personally known the said person or individual for a period of
at least five years prior to the filing of such application, that he  OR
SHE  has  read such application and believes each of the statements made
therein to be true, that such person is honest, of  good  character  and
competent,  and  not related or connected to the person so certifying by
blood or marriage. In the case of an application subscribed by a non-re-
sident of the state of New York such application shall be  approved,  as

S. 7879                            12                           A. 10129

to  each  non-resident  person  or individual so signing the same by not
less than five reputable citizens of the community in which such  appli-
cant  resides.  The  certificate  of  approval  shall  be signed by such
reputable  citizens and duly verified and acknowledged by them before an
officer authorized to  take  oaths  and  acknowledgment  of  deeds.  All
provisions  of  this section, applying to corporations, shall also apply
to joint-stock associations, except that each such  joint-stock  associ-
ation  shall  file a duly certified copy of its certificate of organiza-
tion in the place of the certified copy of its certificate  of  incorpo-
ration herein required.
  S  32.  Subdivision  4 of section 89-h of the general business law, as
added by chapter 336 of the laws of 1992, is amended to read as follows:
  4. Citizenship: be a UNITED STATES citizen [or], A resident  alien  of
the United States OR A NEW YORK STATE CITIZEN;
  S 33. The opening paragraph of section 440-a of the real property law,
as  amended  by section 23 of part LL of chapter 56 of the laws of 2010,
is amended to read as follows:
  No person, co-partnership, limited liability  company  or  corporation
shall engage in or follow the business or occupation of, or hold himself
or itself out or act temporarily or otherwise as a real estate broker or
real  estate  salesman  in  this state without first procuring a license
therefor as provided in this article. No person shall be entitled  to  a
license  as  a real estate broker under this article, either as an indi-
vidual or as a member of a co-partnership, or as a member or manager  of
a limited liability company or as an officer of a corporation, unless he
or  she  is  twenty years of age or over, a citizen of the United States
[or], an alien lawfully admitted for permanent residence in  the  United
States  OR  A  NEW  YORK STATE CITIZEN. No person shall be entitled to a
license as a real estate salesman under this article unless he or she is
over the age of eighteen years. No person shall be entitled to a license
as a real estate broker or real estate salesman under this  article  who
has  been  convicted  in  this  state or elsewhere of a felony, of a sex
offense, as defined in subdivision two of  section  one  hundred  sixty-
eight-a  of  the correction law or any offense committed outside of this
state which would constitute  a  sex  offense,  or  a  sexually  violent
offense,  as  defined in subdivision three of section one hundred sixty-
eight-a of the correction law or  any  offense  committed  outside  this
state which would constitute a sexually violent offense, and who has not
subsequent  to  such  conviction received executive pardon therefor or a
certificate of relief from disabilities or a certificate of good conduct
pursuant to article twenty-three of the correction law,  to  remove  the
disability  under  this  section  because  of such conviction. No person
shall be entitled to a license as a real estate broker  or  real  estate
salesman  under  this  article  who  does  not  meet the requirements of
section 3-503 of the general obligations law.
  S 34. Section 460 of the judiciary law, as amended by chapter  226  of
the laws of 1985, is amended to read as follows:
  S 460. Examination and admission of attorneys. An applicant for admis-
sion  to  practice  as  an attorney or counsellor in this state, must be
examined and licensed to practice as prescribed in this chapter  and  in
the rules of the court of appeals.  Race, creed, color, national origin,
alienage  [or], sex, STATUS AS A NEW YORK STATE CITIZEN OR FEDERAL IMMI-
GRATION CARD shall constitute no cause for refusing any person  examina-
tion or admission to practice.

S. 7879                            13                           A. 10129

  S  35. Subdivision 1 of section 502 of the vehicle and traffic law, as
separately amended by chapters 465 and 487  of  the  laws  of  2012,  is
REPEALED and a new subdivision 1 is added to read as follows:
  1.  APPLICATION  FOR  LICENSE.  (A) APPLICATION FOR A DRIVER'S LICENSE
SHALL BE MADE TO THE COMMISSIONER. THE FEE  PRESCRIBED  BY  LAW  MAY  BE
SUBMITTED  WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH PROOF
OF IDENTITY, AGE, AND FITNESS AS MAY BE REQUIRED  BY  THE  COMMISSIONER.
THE  COMMISSIONER  MAY ALSO PROVIDE THAT THE APPLICATION PROCEDURE SHALL
INCLUDE THE TAKING OF A PHOTO  IMAGE  OR  IMAGES  OF  THE  APPLICANT  IN
ACCORDANCE WITH RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN
ADDITION, THE COMMISSIONER ALSO SHALL REQUIRE THAT THE APPLICANT PROVIDE
HIS  OR  HER  SOCIAL  SECURITY NUMBER OR A NEW YORK STATE IDENTIFICATION
NUMBER AND SHALL PROVIDE SPACE ON THE APPLICATION SO THAT THE  APPLICANT
MAY REGISTER IN THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY UNDER
SECTION  FORTY-THREE  HUNDRED  TEN  OF  THE  PUBLIC  HEALTH LAW WITH THE
FOLLOWING STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO  BE  ADDED
TO  THE  DONATE  LIFE  REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
TION'."
  THE COMMISSIONER OF  THE  DEPARTMENT  OF  HEALTH  SHALL  NOT  MAINTAIN
RECORDS  OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK
A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION,  AND  FAILURE  TO
CHECK  "YES"  OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO
IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT  UNDER  EIGHTEEN
YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE  REGISTRY.  WHERE  AN
APPLICANT  HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
TERED IN THE DONATE LIFE REGISTRY,  CHECKING  "SKIP  THIS  QUESTION"  OR
FAILING  TO  CHECK  A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
THE COMMISSIONER SHALL PROVIDE SPACE ON  THE  APPLICATION  SO  THAT  THE
APPLICANT  MAY  REQUEST  NOTATION  UPON SUCH LICENSE THAT HE OR SHE IS A
VETERAN OF THE UNITED STATED ARMED FORCES.   IN ADDITION,  AN  APPLICANT
FOR  A  COMMERCIAL  DRIVER'S LICENSE WHO WILL OPERATE A COMMERCIAL MOTOR
VEHICLE IN INTERSTATE COMMERCE SHALL CERTIFY THAT SUCH  APPLICANT  MEETS
THE  REQUIREMENTS TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS SET FORTH IN
PUBLIC LAW 99-570, TITLE XII, AND TITLE 49 OF THE CODE OF FEDERAL  REGU-
LATIONS,  AND ALL REGULATIONS PROMULGATED BY THE UNITED STATES SECRETARY
OF TRANSPORTATION UNDER THE HAZARDOUS MATERIALS TRANSPORTATION  ACT.  IN
ADDITION,  AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE SHALL SUBMIT A
MEDICAL CERTIFICATE AT SUCH INTERVALS AS REQUIRED BY THE  FEDERAL  MOTOR
CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF
THE CODE OF FEDERAL REGULATIONS RELATING TO MEDICAL CERTIFICATION AND IN
A  MANNER  PRESCRIBED  BY THE COMMISSIONER. FOR PURPOSES OF THIS SECTION
AND SECTIONS FIVE HUNDRED THREE, FIVE HUNDRED TEN-A,  AND  FIVE  HUNDRED
TEN-AA  OF  THIS  TITLE,  THE  TERMS  "MEDICAL CERTIFICATE" AND "MEDICAL
CERTIFICATION" SHALL MEAN A FORM SUBSTANTIALLY IN  COMPLIANCE  WITH  THE
FORM  SET  FORTH  IN  PART  391.43(H) OF TITLE 49 OF THE CODE OF FEDERAL
REGULATIONS. UPON A DETERMINATION THAT THE HOLDER OF A COMMERCIAL  DRIV-
ER'S  LICENSE HAS MADE ANY FALSE STATEMENT, WITH RESPECT TO THE APPLICA-
TION FOR SUCH LICENSE, THE COMMISSIONER SHALL REVOKE SUCH LICENSE.
  (B) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS CLARIFYING
THAT ELIGIBILITY FOR A DRIVER'S LICENSE SHALL NOT REQUIRE  AN  APPLICANT
TO  PROVIDE  A  SOCIAL SECURITY NUMBER AS PROOF OF IDENTITY. THE COMMIS-
SIONER SHALL PROVIDE FOR THE ACCEPTANCE OF ALTERNATIVE PROOFS OF IDENTI-
TY, INCLUDING NEW YORK STATE IDENTIFICATION CARDS,  FOREIGN  IDENTIFICA-
TION CARDS, FOREIGN BIRTH CERTIFICATES AND FOREIGN PASSPORTS.

S. 7879                            14                           A. 10129

  S  36. Subdivision 1 of section 502 of the vehicle and traffic law, as
added by section thirty-five of this act, is amended to read as follows:
  1.  Application  for  license.  (a) Application for a driver's license
shall be made to the commissioner. The fee  prescribed  by  law  may  be
submitted  with such application. The applicant shall furnish such proof
of identity, age, and fitness as may be required  by  the  commissioner.
The  commissioner  may also provide that the application procedure shall
include the taking of a photo  image  or  images  of  the  applicant  in
accordance with rules and regulations prescribed by the commissioner. In
addition, the commissioner also shall require that the applicant provide
his  or  her  social  security number or a New York state identification
number and [shall] provide space on the application so that  the  appli-
cant  may register in the New York state organ and tissue donor registry
under section forty-three hundred ten of the public health law [with the
following stated on the application in clear and conspicuous type:
  "You must fill out the following section: Would you like to  be  added
to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
tion'."
  The commissioner of  the  department  of  health  shall  not  maintain
records  of any person who checks "skip this question". Failure to check
a box shall not impair the validity of an application,  and  failure  to
check  "yes"  or checking "skip this question" shall not be construed to
imply a wish not to donate. In the case of an applicant  under  eighteen
years  of  age,  checking  "yes" shall not constitute consent to make an
anatomical gift or registration in the donate life  registry.  Where  an
applicant  has previously consented to make an anatomical gift or regis-
tered in the donate life registry,  checking  "skip  this  question"  or
failing  to  check  a box shall not impair that consent or registration.
The commissioner shall provide]; AND space on the  application  so  that
the applicant may request notation upon such license that he or she is a
veteran  of  the  United Stated armed forces.  In addition, an applicant
for a commercial driver's license who will operate  a  commercial  motor
vehicle  in  interstate commerce shall certify that such applicant meets
the requirements to operate a commercial motor vehicle, as set forth  in
public  law 99-570, title XII, and title 49 of the code of federal regu-
lations, and all regulations promulgated by the United States  secretary
of  transportation  under the hazardous materials transportation act. In
addition, an applicant for a commercial driver's license shall submit  a
medical  certificate  at such intervals as required by the federal motor
carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of
the code of federal regulations relating to medical certification and in
a manner prescribed by the commissioner. For purposes  of  this  section
and  sections  five  hundred three, five hundred ten-a, and five hundred
ten-aa of this title,  the  terms  "medical  certificate"  and  "medical
certification"  shall  mean  a form substantially in compliance with the
form set forth in Part 391.43(h) of title 49  of  the  code  of  federal
regulations.  Upon a determination that the holder of a commercial driv-
er's license has made any false statement, with respect to the  applica-
tion for such license, the commissioner shall revoke such license.
  (b) The commissioner shall promulgate rules and regulations clarifying
that  eligibility  for a driver's license shall not require an applicant
to provide a social security number as proof of  identity.  The  commis-
sioner shall provide for the acceptance of alternative proofs of identi-
ty,  including  New York state identification cards, foreign identifica-
tion cards, foreign birth certificates and foreign passports.

S. 7879                            15                           A. 10129

  S 37. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
of the executive law, paragraph (a) as amended by chapter 80 of the laws
of 2009 and paragraphs (b), (c) and (d) as amended by chapter 75 of  the
laws of 2005, are amended to read as follows:
  (a)  For  an  employer or licensing agency, because of an individual's
age, race, creed, color, national origin, sexual  orientation,  military
status,  sex,  disability, predisposing genetic characteristics, marital
status, STATUS AS A NEW YORK STATE CITIZEN, or domestic violence  victim
status,  to  refuse  to  hire  or  employ or to bar or to discharge from
employment such individual or to discriminate against such individual in
compensation or in terms, conditions or privileges of employment.
  (b) For an employment agency to discriminate  against  any  individual
because of age, race, creed, color, national origin, sexual orientation,
military  status, sex, disability, predisposing genetic characteristics,
STATUS AS A NEW YORK STATE CITIZEN, or  marital  status,  in  receiving,
classifying,  disposing  or  otherwise  acting upon applications for its
services or in referring an applicant or applicants to  an  employer  or
employers.
  (c)  For a labor organization, because of the age, race, creed, color,
national origin, sexual orientation, military status,  sex,  disability,
predisposing  genetic  characteristics, STATUS AS A NEW YORK STATE CITI-
ZEN, or marital status of any individual, to exclude or  to  expel  from
its membership such individual or to discriminate in any way against any
of  its members or against any employer or any individual employed by an
employer.
  (d) For any employer or employment agency to  print  or  circulate  or
cause to be printed or circulated any statement, advertisement or publi-
cation,  or to use any form of application for employment or to make any
inquiry in  connection  with  prospective  employment,  which  expresses
directly  or indirectly, any limitation, specification or discrimination
as to age, race, creed,  color,  national  origin,  sexual  orientation,
military  status, sex, disability, predisposing genetic characteristics,
STATUS AS A NEW YORK STATE CITIZEN, or marital status, or any intent  to
make  any such limitation, specification or discrimination, unless based
upon a bona fide occupational  qualification;  provided,  however,  that
neither  this  paragraph  nor any provision of this chapter or other law
shall be construed to prohibit the department of civil  service  or  the
department of personnel of any city containing more than one county from
requesting  information  from  applicants for civil service examinations
concerning any of the aforementioned characteristics, other than  sexual
orientation,  for  the  purpose  of  conducting  studies to identify and
resolve possible problems in  recruitment  and  testing  of  members  of
minority  groups  to insure the fairest possible and equal opportunities
for employment in the civil service for all persons, regardless of  age,
race,  creed,  color,  national  origin,  sexual  orientation,  military
status, sex, disability, predisposing genetic characteristics, or  mari-
tal status.
  S 38. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
the  executive  law,  as amended by chapter 106 of the laws of 2003, are
amended to read as follows:
  (b) To deny to or withhold from any person  because  of  race,  creed,
color,  national  origin, sexual orientation, military status, sex, age,
disability, STATUS AS A NEW YORK STATE CITIZEN, or marital  status,  the
right to be admitted to or participate in a guidance program, an appren-
ticeship training program, on-the-job training program, executive train-
ing program, or other occupational training or retraining program;

S. 7879                            16                           A. 10129

  (c)  To  discriminate against any person in his or her pursuit of such
programs or to discriminate against such a person in the  terms,  condi-
tions  or  privileges  of  such  programs because of race, creed, color,
national origin, sexual orientation, military status, sex,  age,  STATUS
AS A NEW YORK STATE CITIZEN, disability or marital status;
  (d)  To  print  or  circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of  applica-
tion  for  such  programs or to make any inquiry in connection with such
program which expresses, directly or indirectly, any  limitation,  spec-
ification  or  discrimination as to race, creed, color, national origin,
sexual orientation, military status, sex, age,  STATUS  AS  A  NEW  YORK
STATE  CITIZEN,  disability  or marital status, or any intention to make
any such limitation, specification or discrimination, unless based on  a
bona fide occupational qualification.
  S  39.  Paragraph (a) of subdivision 2 of section 296 of the executive
law, as amended by chapter 106 of the laws of 2003, is amended  to  read
as follows:
  (a)  It  shall  be an unlawful discriminatory practice for any person,
being the owner, lessee, proprietor, manager, superintendent,  agent  or
employee  of  any  place  of  public accommodation, resort or amusement,
because of the race, creed, color, national origin, sexual  orientation,
military  status, sex, STATUS AS A NEW YORK STATE CITIZEN, or disability
or marital status of any person,  directly  or  indirectly,  to  refuse,
withhold  from  or deny to such person any of the accommodations, advan-
tages, facilities or privileges  thereof,  including  the  extension  of
credit,  or,  directly  or  indirectly,  to  publish,  circulate, issue,
display, post or mail any written or printed  communication,  notice  or
advertisement, to the effect that any of the accommodations, advantages,
facilities  and  privileges of any such place shall be refused, withheld
from or denied to any person on account of race, creed, color,  national
origin,  sexual  orientation, military status, sex, STATUS AS A NEW YORK
STATE CITIZEN, or disability or marital status, or that the patronage or
custom thereat of any person of or purporting to be  of  any  particular
race,  creed,  color,  national  origin,  sexual  orientation,  military
status, STATUS AS A NEW YORK STATE CITIZEN, sex or  marital  status,  or
having  a  disability  is  unwelcome,  objectionable  or not acceptable,
desired or solicited.
  S 40. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and
paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
to read as follows:
  (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
hold from any person or group of  persons  such  housing  accommodations
because  of  the race, creed, color, disability, national origin, sexual
orientation, military status, age, sex, marital status, STATUS AS A  NEW
YORK  STATE CITIZEN, or familial status of such person or persons, or to
represent that any housing accommodation or land is  not  available  for
inspection, sale, rental or lease when in fact it is so available.
  (b)  To  discriminate  against  any person because of his or her race,
creed, color, disability, national origin, sexual orientation,  military
status, age, sex, marital status, STATUS AS A NEW YORK STATE CITIZEN, or
familial  status in the terms, conditions or privileges of any publicly-
assisted housing accommodations or in the furnishing  of  facilities  or
services in connection therewith.
  (c) To cause to be made any written or oral inquiry or record concern-
ing  the  race, creed, color, disability, national origin, sexual orien-

S. 7879                            17                           A. 10129

tation, membership in the reserve armed forces of the United  States  or
in  the organized militia of the state, age, sex, marital status, STATUS
AS A NEW YORK STATE CITIZEN, or familial status of a person  seeking  to
rent  or  lease  any  publicly-assisted housing accommodation; provided,
however, that nothing in this subdivision shall prohibit a member of the
reserve armed forces of the United States or in the organized militia of
the state from voluntarily disclosing such membership.
  (c-1) To print or circulate or cause to be printed or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation  or
to  make  any  record  or  inquiry  in  connection  with the prospective
purchase,  rental  or  lease  of  such  a  housing  accommodation  which
expresses,  directly  or  indirectly,  any  limitation, specification or
discrimination as to race, creed, color, national origin, sexual  orien-
tation, military status, sex, age, disability, marital status, STATUS AS
A  NEW YORK STATE CITIZEN, or familial status, or any intent to make any
such limitation, specification or discrimination.
  S 41. Subdivisions 3-b, 4 and 5 of section 296 of the  executive  law,
as  amended  by  chapter 106 of the laws of 2003, are amended to read as
follows:
  3-b. It shall be an unlawful  discriminatory  practice  for  any  real
estate  broker,  real estate salesperson or employee or agent thereof or
any other individual, corporation, partnership or organization  for  the
purpose of inducing a real estate transaction from which any such person
or any of its stockholders or members may benefit financially, to repre-
sent  that a change has occurred or will or may occur in the composition
with respect to race, creed, color, national origin, sexual orientation,
military status, STATUS AS A NEW YORK STATE  CITIZEN,  sex,  disability,
marital  status,  or  familial  status of the owners or occupants in the
block, neighborhood or area in which the real property is  located,  and
to  represent,  directly  or  indirectly,  that  this change will or may
result in undesirable consequences in the block, neighborhood or area in
which the real property is located, including but  not  limited  to  the
lowering  of  property  values,  an  increase in criminal or anti-social
behavior, or a decline in the quality of schools or other facilities.
  4. It shall be an unlawful discriminatory practice  for  an  education
corporation  or  association  which holds itself out to the public to be
non-sectarian and exempt from taxation pursuant  to  the  provisions  of
article four of the real property tax law to deny the use of its facili-
ties  to  any person otherwise qualified, or to permit the harassment of
any student or applicant, by reason of his race, color, religion,  disa-
bility,  national  origin,  sexual  orientation,  military  status, sex,
STATUS AS A NEW YORK STATE CITIZEN, age or marital status,  except  that
any  such institution which establishes or maintains a policy of educat-
ing persons of one sex exclusively may admit students of only one sex.
  5. (a) It shall be an unlawful discriminatory practice for the  owner,
lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person
having the right  to  sell,  rent  or  lease  a  housing  accommodation,
constructed or to be constructed, or any agent or employee thereof:
  (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
of the race, creed, color, national origin, sexual orientation, military
status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
CITIZEN,  or  familial status of such person or persons, or to represent
that any housing accommodation or land is not available for  inspection,
sale, rental or lease when in fact it is so available.

S. 7879                            18                           A. 10129

  (2)  To discriminate against any person because of race, creed, color,
national origin, sexual orientation, military status, sex, age, disabil-
ity, marital status, STATUS AS A NEW YORK  STATE  CITIZEN,  or  familial
status  in  the  terms,  conditions or privileges of the sale, rental or
lease  of any such housing accommodation or in the furnishing of facili-
ties or services in connection therewith.
  (3) To print or circulate or cause to be  printed  or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation  or
to  make  any  record  or  inquiry  in  connection  with the prospective
purchase,  rental  or  lease  of  such  a  housing  accommodation  which
expresses,  directly  or  indirectly,  any  limitation, specification or
discrimination as to race, creed, color, national origin, sexual  orien-
tation, military status, sex, age, disability, marital status, STATUS AS
A  NEW YORK STATE CITIZEN, or familial status, or any intent to make any
such limitation, specification or discrimination.
  The provisions of this paragraph [(a)] shall  not  apply  (1)  to  the
rental  of  a housing accommodation in a building which contains housing
accommodations for not more than two families  living  independently  of
each  other, if the owner resides in one of such housing accommodations,
(2) to the restriction of the rental of all rooms in a housing  accommo-
dation  to individuals of the same sex or (3) to the rental of a room or
rooms in a housing accommodation, if such rental is by the  occupant  of
the  housing  accommodation or by the owner of the housing accommodation
and the owner resides in such housing accommodation or (4)  solely  with
respect  to  age  and  familial  status  to the restriction of the sale,
rental or lease of housing accommodations exclusively to persons  sixty-
two  years  of  age  or  older and the spouse of any such person, or for
housing intended and operated for  occupancy  by  at  least  one  person
fifty-five  years of age or older per unit. In determining whether hous-
ing is intended and operated for occupancy by persons  fifty-five  years
of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
federal Fair Housing Act of 1988, as amended, shall apply.
  (b)  It  shall  be  an unlawful discriminatory practice for the owner,
lessee, sub-lessee, or managing agent of, or  other  person  having  the
right of ownership or possession of or the right to sell, rent or lease,
land or commercial space:
  (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
from any person or group of persons land or commercial space because  of
the  race,  creed,  color, national origin, sexual orientation, military
status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
CITIZEN, or familial status of such person or persons, or  to  represent
that  any housing accommodation or land is not available for inspection,
sale, rental or lease when in fact it is so available;
  (2) To discriminate against any person because of race, creed,  color,
national origin, sexual orientation, military status, sex, age, disabil-
ity,  marital  status,  STATUS  AS A NEW YORK STATE CITIZEN, or familial
status in the terms, conditions or privileges of  the  sale,  rental  or
lease  of  any  such  land  or commercial space; or in the furnishing of
facilities or services in connection therewith;
  (3) To print or circulate or cause to be  printed  or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such land or commercial  space
or  to  make  any  record  or inquiry in connection with the prospective
purchase, rental or  lease  of  such  land  or  commercial  space  which
expresses,  directly  or  indirectly,  any  limitation, specification or

S. 7879                            19                           A. 10129

discrimination as to race, creed, color, national origin, sexual  orien-
tation, military status, sex, age, disability, marital status, STATUS AS
A  NEW YORK STATE CITIZEN, or familial status; or any intent to make any
such limitation, specification or discrimination.
  (4)  With  respect  to age and familial status, the provisions of this
paragraph shall not apply to the restriction  of  the  sale,  rental  or
lease  of  land  or  commercial  space exclusively to persons fifty-five
years of age or older and the spouse of  any  such  person,  or  to  the
restriction  of  the  sale,  rental  or lease of land to be used for the
construction, or location  of  housing  accommodations  exclusively  for
persons  sixty-two  years  of age or older, or intended and operated for
occupancy by at least one person fifty-five years of age  or  older  per
unit.  In determining whether housing is intended and operated for occu-
pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
(42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
amended, shall apply.
  (c) It shall be an  unlawful  discriminatory  practice  for  any  real
estate broker, real estate salesperson or employee or agent thereof:
  (1)  To  refuse to sell, rent or lease any housing accommodation, land
or commercial space to any person or group of persons or  to  refuse  to
negotiate  for  the sale, rental or lease, of any housing accommodation,
land or commercial space to any person or group of  persons  because  of
the  race,  creed,  color, national origin, sexual orientation, military
status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
CITIZEN, or familial status of such person or persons, or  to  represent
that  any  housing accommodation, land or commercial space is not avail-
able for inspection, sale, rental or lease when in fact it is so  avail-
able,  or  otherwise to deny or withhold any housing accommodation, land
or commercial space or any facilities of any housing accommodation, land
or commercial space from any person or group of persons because  of  the
race,  creed,  color,  national  origin,  sexual  orientation,  military
status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
CITIZEN, or familial status of such person or persons.
  (2) To print or circulate or cause to be  printed  or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease  of  any  housing  accommodation,
land  or commercial space or to make any record or inquiry in connection
with the prospective purchase, rental or lease of any  housing  accommo-
dation,  land or commercial space which expresses, directly or indirect-
ly, any limitation, specification, or discrimination as to race,  creed,
color,  national  origin, sexual orientation, military status, sex, age,
disability, marital status, STATUS AS A NEW YORK STATE CITIZEN, or fami-
lial status; or any intent to make any such limitation, specification or
discrimination.
  (3) With respect to age and familial status, the  provisions  of  this
paragraph  shall  not  apply  to  the restriction of the sale, rental or
lease of any land or commercial space exclusively to persons  fifty-five
years  of  age  or  older  and  the spouse of any such person, or to the
restriction of the sale, rental or lease of any housing accommodation or
land to be used for the construction or  location  of  housing  accommo-
dations  for  persons  sixty-two  years of age or older, or intended and
operated for occupancy by at least one person fifty-five years of age or
older per unit. In determining whether housing is intended and  operated
for occupancy by persons fifty-five years of age or older, Sec.  807 (b)
(2)  (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of
1988, as amended, shall apply.

S. 7879                            20                           A. 10129

  (d) It shall be an  unlawful  discriminatory  practice  for  any  real
estate board, because of the race, creed, color, national origin, sexual
orientation,  military  status,  age,  sex,  disability, marital status,
STATUS AS A NEW YORK STATE CITIZEN, or familial status of any individual
who  is  otherwise  qualified  for  membership, to exclude or expel such
individual from membership, or to discriminate against  such  individual
in the terms, conditions and privileges of membership in such board.
  (e)  It  shall  be  an unlawful discriminatory practice for the owner,
proprietor or managing agent of, or other person  having  the  right  to
provide care and services in, a private proprietary nursing home, conva-
lescent  home,  or home for adults, or an intermediate care facility, as
defined  in  section  two  of  the  social  services   law,   heretofore
constructed,  or to be constructed, or any agent or employee thereof, to
refuse to provide services and care in such  home  or  facility  to  any
individual  or  to  discriminate  against  any  individual in the terms,
conditions, and privileges of such services and care solely because such
individual is a blind person. For purposes of this paragraph,  a  "blind
person" shall mean a person who is registered as a blind person with the
commission  for the visually handicapped and who meets the definition of
a "blind person" pursuant to  section  three  of  chapter  four  hundred
fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
establish a state commission for improving the condition of the blind of
the state of New York, and making an appropriation therefor".
  (f) The provisions of this subdivision, as they relate to  age,  shall
not apply to persons under the age of eighteen years.
  (g)  It  shall  be  an unlawful discriminatory practice for any person
offering or providing housing accommodations, land or  commercial  space
as described in paragraphs (a), (b), and (c) of this subdivision to make
or  cause  to  be  made any written or oral inquiry or record concerning
membership of any person in the state organized militia in  relation  to
the  purchase,  rental  or lease of such housing accommodation, land, or
commercial space, provided, however, that nothing  in  this  subdivision
shall  prohibit a member of the state organized militia from voluntarily
disclosing such membership.
  S 42. Paragraph (a) of subdivision 9 of section 296 of  the  executive
law, as amended by chapter 106 of the laws of 2003 is amended to read as
follows:
  (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power of appointment of volunteer firefighters, directly or  indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement  among  its  members,  or otherwise, to deny to any individual
membership in any volunteer fire department or fire company therein,  or
to  expel or discriminate against any volunteer member of a fire depart-
ment or fire  company  therein,  because  of  the  race,  creed,  color,
national  origin,  sexual  orientation, military status, STATUS AS A NEW
YORK STATE CITIZEN, sex or marital status of such individual.
  S 43. Subdivision 13 of section 296 of the executive law,  as  amended
by chapter 196 of the laws of 2010, is amended to read as follows:
  13. It shall be an unlawful discriminatory practice (i) for any person
to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national  origin,  sexual  orientation,  military  status,
STATUS  AS  A NEW YORK STATE CITIZEN, sex, or disability of such person,
or of such person's partners, members,  stockholders,  directors,  offi-

S. 7879                            21                           A. 10129

cers, managers, superintendents, agents, employees, business associates,
suppliers or customers, or (ii) for any person wilfully to do any act or
refrain  from  doing  any act which enables any such person to take such
action. This subdivision shall not apply to:
  (a) Boycotts connected with labor disputes; or
  (b) Boycotts to protest unlawful discriminatory practices.
  S  44.  Subdivisions 1, 2 and 3 of section 296-a of the executive law,
as amended by chapter 106 of the laws of 2003, are amended  to  read  as
follows:
  1. It shall be an unlawful discriminatory practice for any creditor or
any officer, agent or employee thereof:
  a.  In  the  case  of  applications  for  credit  with  respect to the
purchase, acquisition, construction, rehabilitation, repair  or  mainte-
nance of any housing accommodation, land or commercial space to discrim-
inate  against  any  such  applicant  because of the race, creed, color,
national origin, sexual orientation, military status, age, sex,  marital
status,  disability,  STATUS  AS  A  NEW YORK STATE CITIZEN, or familial
status of such applicant  or  applicants  or  any  member,  stockholder,
director, officer or employee of such applicant or applicants, or of the
prospective  occupants or tenants of such housing accommodation, land or
commercial space, in the granting, withholding, extending  or  renewing,
or in the fixing of the rates, terms or conditions of, any such credit;
  b.  To  discriminate in the granting, withholding, extending or renew-
ing, or in the fixing of the rates, terms or conditions of, any form  of
credit,  on  the  basis  of  race, creed, color, national origin, sexual
orientation, military status,  age,  sex,  marital  status,  disability,
STATUS AS A NEW YORK STATE CITIZEN, or familial status;
  c. To use any form of application for credit or use or make any record
or  inquiry  which  expresses,  directly  or indirectly, any limitation,
specification, or discrimination as  to  race,  creed,  color,  national
origin,  sexual  orientation, military status, age, sex, marital status,
disability, STATUS AS A NEW YORK STATE CITIZEN, or familial status;
  d. To make any inquiry of an applicant concerning his or her  capacity
to reproduce, or his or her use or advocacy of any form of birth control
or family planning;
  e.  To  refuse  to  consider  sources  of  an applicant's income or to
subject an applicant's income to  discounting,  in  whole  or  in  part,
because  of  an  applicant's race, creed, color, national origin, sexual
orientation, military status, age,  sex,  marital  status,  childbearing
potential,  disability,  STATUS AS A NEW YORK STATE CITIZEN, or familial
status;
  f. To discriminate  against  a  married  person  because  such  person
neither uses nor is known by the surname of his or her spouse.
  This  paragraph  shall  not  apply to any situation where the use of a
surname would constitute or result in a criminal act.
  2. Without limiting the generality of subdivision one of this section,
it shall be considered discriminatory if, because of an  applicant's  or
class  of applicants' race, creed, color, national origin, sexual orien-
tation, military status, age, sex, marital status or disability,  STATUS
AS  A  NEW  YORK  STATE CITIZEN, or familial status, (i) an applicant or
class of applicants is denied credit in circumstances where other appli-
cants of like overall credit worthiness  are  granted  credit,  or  (ii)
special  requirements  or  conditions,  such as requiring co-obligors or
reapplication upon marriage, are imposed upon an applicant or  class  of
applicants in circumstances where similar requirements or conditions are
not imposed upon other applicants of like overall credit worthiness.

S. 7879                            22                           A. 10129

  3.  It  shall  not  be  considered  discriminatory if credit differen-
tiations or decisions are based upon  factually  supportable,  objective
differences  in applicants' overall credit worthiness, which may include
reference to such factors as current income,  assets  and  prior  credit
history  of  such applicants, as well as reference to any other relevant
factually supportable data; provided, however, that  no  creditor  shall
consider, in evaluating the credit worthiness of an applicant, aggregate
statistics  or  assumptions  relating  to  race,  creed, color, national
origin, sexual orientation, military status, sex, STATUS AS A  NEW  YORK
STATE CITIZEN, marital status or disability, or to the likelihood of any
group of persons bearing or rearing children, or for that reason receiv-
ing diminished or interrupted income in the future.
  S 45. Paragraph (b) of subdivision 2 of section 296-b of the executive
law,  as added by chapter 481 of the laws of 2010, is amended to read as
follows:
  (b) Subject a domestic worker to unwelcome harassment based on gender,
race, religion, STATUS AS A NEW YORK STATE CITIZEN or  national  origin,
where  such  harassment has the purpose or effect of unreasonably inter-
fering with an individual's work performance by creating  an  intimidat-
ing, hostile, or offensive working environment.
  S  46.  Paragraph  (c)  of  subdivision 1 of section 122 of the social
services law, as amended by chapter 214 of the laws of 1998, is  amended
to read as follows:
  (c)  The  following  persons, not described in paragraph (a) or (b) of
this subdivision, shall, if otherwise eligible, be eligible  for  safety
net  assistance  and medical assistance[, except that medical assistance
shall be limited to care and services (not including care  and  services
related to an organ transplant procedure) necessary for the treatment of
an  emergency  medical condition as that term is defined in section 1903
of the federal social security act unless and  until  federal  financial
participation is available for the costs of providing medical assistance
provided,  however,  that  any  such  person  who,  on the fourth day of
August, nineteen hundred ninety-seven  was  residing  in  a  residential
health  care facility licensed by the department of health or in a resi-
dential facility licensed, operated or funded by the  office  of  mental
health  or  the office of mental retardation and developmental disabili-
ties, and was in receipt of a medical assistance authorization based  on
a  finding  that he or she was] (I) a person permanently residing in the
United States under color of  law  [shall,  if  otherwise  eligible,  be
eligible  for  medical  assistance  and provided, further, that any such
person who, on the fourth day of August, nineteen hundred  ninety-seven,
was  diagnosed  as having AIDS, as defined in subdivision one of section
two thousand seven hundred eighty of the public health law, and  was  in
receipt  of medical assistance authorization pursuant to title eleven of
article five of this chapter based on a finding that he  or  she  was  a
person  permanently  residing  in  the  United States under color of law
shall, if otherwise eligible, be eligible for medical assistance:
  (i) a qualified alien who entered the United  States  less  than  five
years  earlier  or  for less than five years has had a status within the
meaning of the term "qualified alien" as defined in section 431  of  the
federal  personal responsibility and work opportunity reconciliation act
of 1996 (8 U.S. Code 1641), as amended, if such  entry  occurred  on  or
after the twenty-second day of August, nineteen hundred ninety-six; and
  (ii)  an  alien  whose  status  is  not within the meaning of the term
"qualified alien" as defined in section  431  of  the  federal  personal
responsibility  and  work opportunity reconciliation act of 1996 (8 U.S.

S. 7879                            23                           A. 10129

Code 1641), as amended, but who is otherwise permanently residing in the
United States under color of law], AND (II) NEW YORK STATE  CITIZENS  IF
OTHERWISE ELIGIBLE SHALL ONLY BE ELIGIBLE FOR MEDICAL ASSISTANCE.
  S 47. Section 131-k of the social services law is REPEALED.
  S 48. The education law is amended by adding a new section 609 to read
as follows:
  S  609. NEW YORK DREAM FUND COMMISSION.  1. (A) THERE SHALL BE CREATED
A NEW YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED  TO  ADVANCING
THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
  (B)  THE  NEW  YORK  DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE
MEMBERS TO BE APPOINTED AS FOLLOWS:
  (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
  (II) THREE MEMBERS SHALL BE APPOINTED BY THE  TEMPORARY  PRESIDENT  OF
THE SENATE;
  (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (IV)  ONE  MEMBER  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
SENATE;
  (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY;
  (C) TO THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH  COMMISSION  SHALL
REFLECT  THE  RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY
OF THE STATE.
  (D) TO THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH  COMMISSION  SHALL
INCLUDE  COLLEGE  AND  UNIVERSITY  ADMINISTRATORS AND FACULTY, AND OTHER
INDIVIDUALS COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF  THE
CHILDREN OF IMMIGRANTS.
  (E)  MEMBERS  OF  THE  NEW YORK DREAM FUND COMMISSION SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES.
  2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
  (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
  (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
  (III) ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE  RESPONSIBIL-
ITY  OF  RAISING  FUNDS  FOR  THE ADMINISTRATION OF THIS SECTION AND ANY
EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
TRATING AND FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN  OF  IMMI-
GRANTS TO THE UNITED STATES;
  (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
DREAM FUND;
  (V)  DEVELOP  CRITERIA  AND  A SELECTION PROCESS FOR THE RECIPIENTS OF
SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
  (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
THE COSTS OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS  AND  OTHER
ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
GRANTS WITHIN HIGHER EDUCATION;
  (VII)  ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR HIGH
SCHOOL COUNSELORS, ADMISSIONS OFFICERS, AND FINANCIAL  AID  OFFICERS  OF
INSTITUTIONS  OF  HIGHER EDUCATION. THE TRAINING PROGRAMS SHALL INSTRUCT
PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT  LIMITED
TO,  IN-STATE  TUITION AND SCHOLARSHIP PROGRAMS. TO THE EXTENT PRACTICA-
BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
TO SCHOOL DISTRICTS  AND  BOARDS  OF  COOPERATIVE  EDUCATIONAL  SERVICES
THROUGHOUT  THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN TO
SCHOOL DISTRICTS AND BOARDS OF  COOPERATIVE  EDUCATIONAL  SERVICES  WITH
LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL

S. 7879                            24                           A. 10129

DISTRICTS  AND  BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES WITH LESSER
NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
  (VIII)  ESTABLISH  A  PUBLIC  AWARENESS CAMPAIGN REGARDING EDUCATIONAL
OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE  THE  CHILDREN
OF IMMIGRANTS; AND
  (IX)  ESTABLISH,  BY  RULE,  PROCEDURES  FOR  ACCEPTING AND EVALUATING
APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND  ISSU-
ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
  (B)  TO  RECEIVE  A  SCHOLARSHIP  PURSUANT  TO THIS SECTION, A STUDENT
APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
  (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE  ATTENDING
A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
  (II)  HAVE  GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
  (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE  FOR
AT  LEAST  TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
  (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
STATES.
  (C) THE NEW YORK DREAM FUND COMMISSION AND THE  NEW  YORK  DREAM  FUND
SHALL  BE  FUNDED  ENTIRELY  BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND.   NO  FUNDS
OF  THE  NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
BE TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR  SHALL
BE  USED  FOR  ANY  PURPOSE  OTHER  THAN  THE PURPOSES SET FORTH IN THIS
SECTION.
  3. THE NEW YORK DREAM FUND COMMISSION AND  THE  NEW  YORK  DREAM  FUND
SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
  S 49. Subdivision 3 of section 661 of the education law is REPEALED.
  S  50.  Paragraph  a  of subdivision 5 of section 661 of the education
law, as amended by chapter 466 of the laws of 1977, is amended  to  read
as follows:
  a.  (I)  Except  as provided in subdivision two of section six hundred
seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF  THIS  PARAGRAPH,  an
applicant  for  an award at the undergraduate level of study must either
[(i)] (A) have been a legal resident of the state for at least one  year
immediately  preceding the beginning of the semester, quarter or term of
attendance for which application for assistance is made, or  [(ii)]  (B)
be  a  legal resident of the state and have been a legal resident during
his last two semesters of high school either  prior  to  graduation,  or
prior  to  admission  to college. Provided further that persons shall be
eligible to receive awards under  section  six  hundred  sixty-eight  or
section  six  hundred  sixty-nine  OF  THIS PART who are currently legal
residents of the state and are otherwise qualified.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL  NON-IMMIGRANT  ALIEN,  A
NEW YORK STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL  BE  ELIGIBLE  FOR  AN  AWARD  AT THE UNDERGRADUATE LEVEL OF STUDY
PROVIDED THAT THE STUDENT:
  (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
UNDERGRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR

S. 7879                            25                           A. 10129

  (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
TION  FOR  THE  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S  51.  Paragraph  b  of subdivision 5 of section 661 of the education
law, as amended by chapter 466 of the laws of 1977, is amended  to  read
as follows:
  b.  [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, AN applicant for an award at the graduate level of study must
either [(i)] (A) have been a legal resident of the state  for  at  least
one year immediately preceding the beginning of the semester, quarter or
term  of  attendance  for  which  application for assistance is made, or
[(ii)] (B) be a legal resident of the state and have been a legal  resi-
dent  during  his  last  academic  year  of undergraduate study and have
continued to be a legal resident until  matriculation  in  the  graduate
program.
  (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
CITIZEN,  A  PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN, A
NEW YORK STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL BE ELIGIBLE FOR AN AWARD  AT  THE  UNDERGRADUATE  LEVEL  OF  STUDY
PROVIDED THAT THE STUDENT:
  (A)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.

S. 7879                            26                           A. 10129

  S  52.  Paragraph  d  of subdivision 5 of section 661 of the education
law, as amended by chapter 844 of the laws of 1975, is amended  to  read
as follows:
  d.  If  an  applicant for an award allocated on a geographic basis has
more than one residence in this state, his  OR  HER  residence  for  the
purpose  of  this  article shall be his OR HER place of actual residence
during the major part of the year while attending school, as  determined
by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
HAVE  A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO
SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B  OF
THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
INSTITUTION  OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES
OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
  S 53. Paragraph e of subdivision 5 of section  661  of  the  education
law,  as added by chapter 630 of the laws of 2005, is amended to read as
follows:
  e. Notwithstanding any other provision of this article to the  contra-
ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION ARE waived for a member, or the spouse  or  dependent  of  a
member,  of  the  armed  forces of the United States on full-time active
duty and stationed in this state.
  S 54. Paragraph h of subdivision 2 of section 355 of the education law
is amended by adding a new subparagraph 10 to read as follows:
  (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT  LAWFUL  RESIDENT,  A  LAWFUL  NON-IMMIGRANT ALIEN, A NEW YORK
STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE
THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES REDUCED BY STATE-AIDED
PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE
PROVISIONS  OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF
THIS CHAPTER, PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH
IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH  B
OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS
APPLICABLE.
  S 55. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (d) to read as follows:
  (D)  THE  TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A
LEGAL RESIDENT OF NEW YORK STATE BUT  IS  A  UNITED  STATES  CITIZEN,  A
PERMANENT  LAWFUL  RESIDENT,  A  LAWFUL  NON-IMMIGRANT ALIEN, A NEW YORK
STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE
THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES REDUCED BY STATE-AIDED
PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE
PROVISIONS  OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF
THIS CHAPTER, PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH
IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH  B
OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS
APPLICABLE.
  S  56.  Section  6305  of the education law is amended by adding a new
subdivision 8-a to read as follows:
  8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES  OF  A  STUDENT
WHO  IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT OF
NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESI-
DENT,  A  LAWFUL  NON-IMMIGRANT  ALIEN,  A  NEW YORK STATE CITIZEN OR AN
APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY BE REDUCED BY STATE-AID-
ED PROGRAMS, SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE  AWARDED  UNDER

S. 7879                            27                           A. 10129

THE PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A
OF  THIS  CHAPTER,  PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET
FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF  PARA-
GRAPH  B  OF  SUBDIVISION  FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS
CHAPTER, AS APPLICABLE.
  S 57. Paragraph d of subdivision 3 of section 6451  of  the  education
law,  as  amended by chapter 149 of the laws of 1972, is amended to read
as follows:
  d. Any necessary supplemental financial assistance, which may  include
the  cost of books and necessary maintenance for such enrolled students,
INCLUDING STUDENTS WHO ARE NEW YORK STATE CITIZENS AND STUDENTS  WITHOUT
LAWFUL  IMMIGRATION  STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIRE-
MENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II)
OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED  SIXTY-ONE  OF
THIS  CHAPTER,  AS APPLICABLE; provided, however, that such supplemental
financial assistance shall be furnished pursuant to criteria promulgated
by the commissioner with the approval of the director of the budget.
  S 58. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of the education law, as added by chapter 917 of the laws  of  1970,  is
amended to read as follows:
  (v) Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such students, INCLUDING
STUDENTS  WHO  ARE  NEW  YORK STATE CITIZENS AND STUDENTS WITHOUT LAWFUL
IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS  SET
FORTH  IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARA-
GRAPH B OF SUBDIVISION FIVE OF SECTION SIX  HUNDRED  SIXTY-ONE  OF  THIS
CHAPTER, AS APPLICABLE; provided, however, that such supplemental finan-
cial  assistance  shall be furnished pursuant to criteria promulgated by
such universities and approved by the regents and the  director  of  the
budget.
  S  59. Paragraph (a) of subdivision 2 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read  as
follows:
  (a)  (I) Undergraduate science and technology entry program moneys may
be used for tutoring, counseling, remedial and special  summer  courses,
supplemental  financial  assistance,  program  administration, and other
activities which the commissioner may deem appropriate. To  be  eligible
for  undergraduate  collegiate  science  and  technology  entry  program
support, a student must be a resident of New York [who is], OR MEET  THE
REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
economically disadvantaged or from a minority group  historically  under
represented  in  the  scientific,  technical,  health and health-related
professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
potential for a professional career if provided special services. Eligi-
ble students must be in good academic standing, enrolled full time in an
approved,  undergraduate  level  program  of  study,  as  defined by the
regents.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
WHO  IS  A  UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN, A NEW YORK STATE CITIZEN OR  AN  APPLICANT  WITHOUT
LAWFUL  IMMIGRATION STATUS, SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDER-
GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (1) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE

S. 7879                            28                           A. 10129

UNDERGRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
FIVE  YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY DIPLOMA,
ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR  MORE  YEARS,
GRADUATED  FROM  AN  APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN  FIVE  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE  HIS OR IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS
SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 60. Paragraph (a) of subdivision 3 of section 6455 of the  education
law,  as added by chapter 285 of the laws of 1986, is amended to read as
follows:
  (a) (I) Graduate science and technology entry program  moneys  may  be
used for recruitment, academic enrichment, career planning, supplemental
financial  assistance, review for licensing examinations, program admin-
istration, and other activities which the commissioner may  deem  appro-
priate.  To  be  eligible for graduate collegiate science and technology
entry program support, a student must be a resident  of  New  York  [who
is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
AND MUST BE either economically disadvantaged or from a  minority  group
historically  underrepresented  in the scientific, technical and health-
related professions. Eligible students must be in good  academic  stand-
ing,  enrolled  full  time  in  an  approved  graduate level program, as
defined by the regents.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT  ALIEN,  A  NEW YORK STATE CITIZEN OR AN APPLICANT WITHOUT
LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT  THE  UNDER-
GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (1)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-

S. 7879                            29                           A. 10129

SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 61. Subparagraph (i) of paragraph a  of  subdivision  2  of  section
695-e  of  the  education  law, as amended by chapter 593 of the laws of
2003, is amended to read as follows:
  (i) the name, address and social security number [or], employer  iden-
tification  number,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN  EFFECT  PRIOR
TO  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOUR-
TEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER  IDEN-
TIFICATION  NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL
BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
  S 62. Subparagraph (iii) of paragraph a of subdivision  2  of  section
695-e  of  the  education  law, as amended by chapter 593 of the laws of
2003, is amended to read as follows:
  (iii) the name, address, and social security  number,  EMPLOYER  IDEN-
TIFICATION  NUMBER,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
designated beneficiary, UNLESS A FAMILY  TUITION  ACCOUNT  THAT  WAS  IN
EFFECT  PRIOR  TO  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND FOURTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT  ALLOW  FOR  A
TAXPAYER  IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
  S 63. The president of the higher education services  corporation,  in
consultation  with  the  commissioner  of  education, shall establish an
application form and procedures that shall  allow  a  student  applicant
that  meets the requirements set forth in subparagraph (ii) of paragraph
a or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of
the education law to apply directly to  the  higher  education  services
corporation or education department for applicable awards without having
to submit information to any other state or federal agency. All informa-
tion  contained  within  the applications filed with such corporation or
department shall be deemed confidential.
  S 64. The correction law is amended by adding a new  section  71-b  to
read as follows:
  S  71-B.  PERSONS  NOT  TO  BE DETAINED.   1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CIVIL IMMIGRATION DETAINER" SHALL MEAN A DETAINER ISSUED PURSUANT
TO 8 C.F.R. 287.7.
  (B) "ADMINISTRATIVE WARRANT" SHALL  MEAN  AN  IMMIGRATION  WARRANT  OF
ARREST,  ORDER  TO  DETAIN OR RELEASE ALIENS, NOTICE OF CUSTODY DETERMI-
NATION, NOTICE TO APPEAR, REMOVAL ORDER,  WARRANT  OF  REMOVAL,  OR  ANY
OTHER  DOCUMENT  ISSUED  BY AN IMMIGRATION AGENT THAT CAN FORM THE BASIS
FOR AN INDIVIDUAL'S ARREST OR DETENTION FOR A CIVIL IMMIGRATION PURPOSE.
  (C) "LAW ENFORCEMENT OFFICER" SHALL MEAN ALL OFFICERS,  EMPLOYEES  AND
PERSONS  OTHERWISE  PAID BY OR ACTING AS AGENTS OF ANY MUNICIPAL, COUNTY
OR STATE POLICE DEPARTMENT OR DEPARTMENT OF CORRECTIONS.
  (D) "FEDERAL IMMIGRATION AUTHORITIES" SHALL MEAN ANY OFFICER, EMPLOYEE
OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF UNITED STATES IMMI-
GRATION AND CUSTOMS ENFORCEMENT OR ANY DIVISION  THEREOF  OR  ANY  OTHER
OFFICER,  EMPLOYEE  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF
THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY WHO  IS  CHARGED  WITH

S. 7879                            30                           A. 10129

ENFORCEMENT  OF  THE CIVIL PROVISIONS OF THE IMMIGRATION AND NATIONALITY
ACT.
  (E)  "FACILITY"  SHALL MEAN ANY FACILITY OWNED OR LEASED BY THE STATE,
STAFFED BY PERSONNEL PAID BY  THE  STATE,  OR  USED  PRIMARILY  FOR  THE
CONDUCT  OF  STATE  BUSINESS, INCLUDING BUT NOT LIMITED TO ANY PRISON OR
JAIL OWNED OR OPERATED BY ANY GOVERNMENT ENTITY UNDER THE STATE'S JURIS-
DICTION.
  2. (A) LAW ENFORCEMENT OFFICERS SHALL NOT HONOR  A  CIVIL  IMMIGRATION
DETAINER  OR  ADMINISTRATIVE  WARRANT FROM FEDERAL IMMIGRATION OFFICIALS
BY:
  (I) HOLDING A PERSON BEYOND THE TIME WHEN SUCH PERSON WOULD  OTHERWISE
BE RELEASED FROM CUSTODY; OR
  (II)  EXPENDING  TIME OR RESOURCES RESPONDING TO INQUIRIES OR COMMUNI-
CATING WITH FEDERAL IMMIGRATION AUTHORITIES OF SUCH PERSON'S  INCARCERA-
TION  STATUS, RELEASE DATES, COURT APPEARANCE DATES, OR ANY OTHER INFOR-
MATION RELATED TO AN INDIVIDUAL IN CUSTODY UNLESS  SUCH  A  RESPONSE  OR
COMMUNICATION IS REQUIRED OR PROTECTED BY LAW.
  (B) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
NAL WARRANT, OR LAW ENFORCEMENT OFFICIALS HAVE A LEGITIMATE LAW ENFORCE-
MENT  PURPOSE THAT IS NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION LAW,
LAW ENFORCEMENT OFFICERS SHALL NOT PERMIT ANY FEDERAL IMMIGRATION  OFFI-
CIAL TO:
  (I) HAVE ACCESS TO ANY PERSON IN THEIR CUSTODY; OR
  (II) HAVE ACCESS TO ANY FACILITY OWNED OR OPERATED BY THE STATE, OR BY
ANY  MUNICIPALITY  WITHIN  THE  STATE,  FOR THE PURPOSE OF INVESTIGATING
POTENTIAL VIOLATIONS OF THE CIVIL IMMIGRATION LAW.
  3. NOTHING IN THIS SECTION SHALL AFFECT THE OBLIGATION OF LAW ENFORCE-
MENT  OFFICERS  TO  MAINTAIN  THE  CONFIDENTIALITY  OF  ANY  INFORMATION
OBTAINED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY AUTHORITY
ON ANY ENTITY TO HOLD PERSONS ON CIVIL IMMIGRATION DETAINERS BEYOND  THE
AUTHORITY,  IF  ANY,  THAT  EXISTED  PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION.
  5. THIS SECTION SUPERSEDES ALL CONFLICTING POLICIES, RULES, PROCEDURES
AND PRACTICES OF THE STATE. NOTHING IN THIS SECTION SHALL  BE  CONSTRUED
TO  PROHIBIT  ANY STATE AGENCY FROM COOPERATING WITH FEDERAL IMMIGRATION
AUTHORITIES WHEN REQUIRED UNDER FEDERAL LAW.  NOTHING  IN  THIS  SECTION
SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE ANY POWER, DUTY OR OBLI-
GATION IN CONFLICT WITH ANY FEDERAL, STATE OR LOCAL LAW.
  6.  NOTHING  CONTAINED  IN  THIS  SECTION  OR IN THE ADMINISTRATION OR
APPLICATION HEREOF SHALL BE CONSTRUED AS CREATING ANY PRIVATE  RIGHT  OF
ACTION  ON  THE  PART  OF ANY PERSONS OR ENTITY AGAINST THE STATE OR THE
DEPARTMENT.
  7. ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST, THE  DEPARTMENT  SHALL
POST  A  REPORT  ON THE DEPARTMENT'S WEBSITE THAT INCLUDES THE FOLLOWING
INFORMATION FOR THE PRECEDING TWELVE MONTH PERIOD:
  (A) THE NUMBER OF CIVIL IMMIGRATION DETAINERS  RECEIVED  FROM  FEDERAL
IMMIGRATION AUTHORITIES;
  (B) THE NUMBER OF PERSONS HELD PURSUANT TO CIVIL IMMIGRATION DETAINERS
BEYOND  THE  TIME WHEN SUCH PERSONS WOULD OTHERWISE BE RELEASED FROM THE
DEPARTMENT'S CUSTODY;
  (C) THE NUMBER OF PERSONS TRANSFERRED TO THE CUSTODY OF FEDERAL  IMMI-
GRATION AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS; AND
  (D)  THE  JUSTIFICATION  AND  LEGAL  AUTHORITY FOR THE TRANSFER OF ANY
INDIVIDUAL TO THE CUSTODY OF FEDERAL IMMIGRATION AUTHORITIES.

S. 7879                            31                           A. 10129

  8. FOR THE PURPOSE OF THIS SECTION, ANY REFERENCE TO A STATUTE,  RULE,
OR REGULATION SHALL BE DEEMED TO INCLUDE ANY SUCCESSOR PROVISION.
  S  65.  The  executive law is amended by adding a new section 243-a to
read as follows:
  S 243-A. PERSONS NOT TO BE DETAINED.  1.  FOR  THE  PURPOSES  OF  THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CIVIL IMMIGRATION DETAINER" SHALL MEAN A DETAINER ISSUED PURSUANT
TO 8 C.F.R. 287.7.
  (B)  "ADMINISTRATIVE  WARRANT"  SHALL  MEAN  AN IMMIGRATION WARRANT OF
ARREST, ORDER TO DETAIN OR RELEASE ALIENS, NOTICE  OF  CUSTODY  DETERMI-
NATION,  NOTICE  TO  APPEAR,  REMOVAL  ORDER, WARRANT OF REMOVAL, OR ANY
OTHER DOCUMENT ISSUED BY AN IMMIGRATION AGENT THAT CAN  FORM  THE  BASIS
FOR AN INDIVIDUAL'S ARREST OR DETENTION FOR A CIVIL IMMIGRATION PURPOSE.
  (C)  "PROBATION  OFFICER"  SHALL  MEAN ANY OFFICER, EMPLOYEE OR PERSON
OTHERWISE PAID BY OR ACTING AS AN AGENT OF THE OFFICE OF  PROBATION  AND
CORRECTIONAL  ALTERNATIVES, OR ANY COUNTY OR MUNICIPAL PROBATION DEPART-
MENT.
  (D) "FEDERAL IMMIGRATION AUTHORITIES" SHALL MEAN ANY OFFICER, EMPLOYEE
OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF UNITED STATES IMMI-
GRATION AND CUSTOMS ENFORCEMENT OR ANY DIVISION  THEREOF  OR  ANY  OTHER
OFFICER,  EMPLOYEE  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF
THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY WHO  IS  CHARGED  WITH
ENFORCEMENT  OF  THE CIVIL PROVISIONS OF THE IMMIGRATION AND NATIONALITY
ACT.
  (E) "FACILITY" SHALL MEAN ANY FACILITY OWNED OR LEASED BY  THE  STATE,
STAFFED  BY  PERSONNEL  PAID  BY  THE  STATE,  OR USED PRIMARILY FOR THE
CONDUCT OF STATE BUSINESS, INCLUDING BUT NOT LIMITED TO  ANY  PRISON  OR
JAIL OWNED OR OPERATED BY ANY GOVERNMENT ENTITY UNDER THE STATE'S JURIS-
DICTION.
  2. (A) PROBATION OFFICERS SHALL NOT HONOR A CIVIL IMMIGRATION DETAINER
OR ADMINISTRATIVE WARRANT FROM FEDERAL IMMIGRATION OFFICIALS BY:
  (I)  HOLDING A PERSON BEYOND THE TIME WHEN SUCH PERSON WOULD OTHERWISE
BE RELEASED FROM CUSTODY; OR
  (II) EXPENDING TIME OR RESOURCES RESPONDING TO INQUIRIES  OR  COMMUNI-
CATING  WITH FEDERAL IMMIGRATION AUTHORITIES OF SUCH PERSON'S INCARCERA-
TION STATUS, RELEASE DATES, COURT APPEARANCE DATES, OR ANY OTHER  INFOR-
MATION  RELATED  TO  AN  INDIVIDUAL IN CUSTODY UNLESS SUCH A RESPONSE OR
COMMUNICATION IS REQUIRED OR PROTECTED BY LAW.
  (B) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
NAL WARRANT, OR LAW ENFORCEMENT OFFICIALS HAVE A LEGITIMATE LAW ENFORCE-
MENT PURPOSE THAT IS NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION  LAW,
PROBATION OFFICERS SHALL NOT PERMIT ANY FEDERAL IMMIGRATION OFFICIAL TO:
  (I) HAVE ACCESS TO ANY PERSON IN THEIR CUSTODY; OR
  (II) HAVE ACCESS TO ANY FACILITY OWNED OR OPERATED BY THE STATE, OR BY
ANY  MUNICIPALITY  WITHIN  THE  STATE,  FOR THE PURPOSE OF INVESTIGATING
POTENTIAL VIOLATIONS OF THE CIVIL IMMIGRATION LAW.
  (C) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
NAL WARRANT, OR PROBATION OFFICERS HAVE  A  LEGITIMATE  LAW  ENFORCEMENT
PURPOSE  THAT  IS  NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION LAW, NO
PROBATION OFFICER SHALL
  (I) PROVIDE ANY DETAINEE, INMATE OR BOOKING  LISTS  TO  FEDERAL  IMMI-
GRATION OFFICIALS; OR
  (II) EXPEND TIME OR RESOURCES RESPONDING TO INQUIRIES OR COMMUNICATING
WITH FEDERAL IMMIGRATION OFFICIALS, REGARDING ANY PERSON'S INCARCERATION
STATUS,  PROBATION  STATUS,  RELEASE DATE, COURT APPEARANCE DATES OR ANY

S. 7879                            32                           A. 10129

OTHER INFORMATION, UNLESS SUCH RESPONSE OR COMMUNICATIONS IS REQUIRED OR
PROTECTED BY LAW.
  3.  NOTHING  IN  THIS SECTION SHALL AFFECT THE OBLIGATION OF PROBATION
OFFICERS TO MAINTAIN THE CONFIDENTIALITY  OF  ANY  INFORMATION  OBTAINED
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY AUTHORITY
ON ANY ENTITY TO HOLD PERSONS ON CIVIL IMMIGRATION DETAINERS BEYOND  THE
AUTHORITY,  IF  ANY,  THAT  EXISTED  PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION.
  5. THIS SECTION SUPERSEDES ALL CONFLICTING POLICIES, RULES, PROCEDURES
AND PRACTICES OF THE STATE. NOTHING IN THIS SECTION SHALL  BE  CONSTRUED
TO  PROHIBIT  ANY STATE AGENCY FROM COOPERATING WITH FEDERAL IMMIGRATION
AUTHORITIES WHEN REQUIRED UNDER FEDERAL LAW.  NOTHING  IN  THIS  SECTION
SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE ANY POWER, DUTY OR OBLI-
GATION IN CONFLICT WITH ANY FEDERAL, STATE OR LOCAL LAW.
  6.  NOTHING  CONTAINED  IN  THIS  SECTION  OR IN THE ADMINISTRATION OR
APPLICATION HEREOF SHALL BE CONSTRUED AS CREATING ANY PRIVATE  RIGHT  OF
ACTION  ON  THE  PART  OF ANY PERSONS OR ENTITY AGAINST THE STATE OR THE
OFFICE.
  7. ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST, THE  DEPARTMENT  SHALL
POST A REPORT ON THE OFFICE'S WEBSITE THAT INCLUDES THE FOLLOWING INFOR-
MATION FOR THE PRECEDING TWELVE MONTH PERIOD:
  (A)  THE  NUMBER  OF CIVIL IMMIGRATION DETAINERS RECEIVED FROM FEDERAL
IMMIGRATION AUTHORITIES;
  (B) THE NUMBER OF PERSONS HELD PURSUANT TO CIVIL IMMIGRATION DETAINERS
BEYOND THE TIME WHEN SUCH PERSONS WOULD OTHERWISE BE RELEASED  FROM  THE
OFFICE'S CUSTODY;
  (C)  THE NUMBER OF PERSONS TRANSFERRED TO THE CUSTODY OF FEDERAL IMMI-
GRATION AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS; AND
  (D) THE JUSTIFICATION AND LEGAL AUTHORITY  FOR  THE  TRANSFER  OF  ANY
INDIVIDUAL TO THE CUSTODY OF FEDERAL IMMIGRATION AUTHORITIES.
  8.  FOR THE PURPOSE OF THIS SECTION, ANY REFERENCE TO A STATUTE, RULE,
OR REGULATION SHALL BE DEEMED TO INCLUDE ANY SUCCESSOR PROVISION.
  S 66. The executive law is amended by adding a new  section  223-a  to
read as follows:
  S  223-A. PROHIBITION ON RACIAL PROFILING. 1. FOR THE PURPOSES OF THIS
SECTION, "RACIAL PROFILING" SHALL MEAN THE PRACTICE OF A LAW ENFORCEMENT
OFFICER OR AGENCY RELYING, TO ANY DEGREE, ON RACE,  ETHNICITY,  NATIONAL
ORIGIN,  OR RELIGION IN SELECTING WHICH INDIVIDUAL TO SUBJECT TO ROUTINE
OR SPONTANEOUS INVESTIGATORY ACTIVITIES OR IN DECIDING  UPON  THE  SCOPE
AND SUBSTANCE OF LAW ENFORCEMENT ACTIVITY FOLLOWING THE INITIAL INVESTI-
GATORY PROCEDURE, EXCEPT WHEN THERE IS TRUSTWORTHY INFORMATION, RELEVANT
TO THE LOCALITY AND TIMEFRAME, THAT LINKS A PERSON OF A PARTICULAR RACE,
ETHNICITY,  NATIONAL ORIGIN, OR RELIGION TO AN IDENTIFIED CRIMINAL INCI-
DENT OR SCHEME.
  2. THE SUPERINTENDENT OF STATE POLICE AND MEMBERS OF THE  DIVISION  OF
STATE POLICE SHALL NOT ENGAGE IN RACIAL PROFILING.
  3.  THE  DIVISION OF STATE POLICE SHALL MAINTAIN ADEQUATE POLICIES AND
PROCEDURES DESIGNED TO ELIMINATE RACIAL  PROFILING  AND  CEASE  EXISTING
PRACTICES  THAT  PERMIT  RACIAL PROFILING. POLICIES AND PROCEDURES SHALL
INCLUDE:
  (A) A PROHIBITION ON RACIAL PROFILING;
  (B) TRAINING ON RACIAL PROFILING ISSUES AS PART OF STATE POLICE TRAIN-
ING;
  (C) THE COLLECTION OF RELEVANT DATA;

S. 7879                            33                           A. 10129

  (D) PROCEDURES FOR RECEIVING, INVESTIGATING AND RESPONDING MEANINGFUL-
LY TO COMPLAINTS ALLEGING RACIAL PROFILING BY MEMBERS OF THE DIVISION OF
STATE POLICE; AND
  (E) ANY OTHER POLICIES AND PROCEDURES THE SUPERINTENDENT DETERMINES TO
BE NECESSARY TO ELIMINATE RACIAL PROFILING.
  4.  AN INDIVIDUAL INJURED BY RACIAL PROFILING MAY ENFORCE THIS SECTION
IN A CIVIL ACTION FOR DECLARATORY OR INJUNCTIVE RELIEF, UPON PROOF  THAT
THE  ROUTINE  OR  SPONTANEOUS INVESTIGATORY ACTIVITIES OF MEMBERS OF THE
DIVISION OF STATE POLICE HAVE HAD A DISPARATE IMPACT ON RACIAL,  ETHNIC,
OR  RELIGIOUS  MINORITIES  SHALL  CONSTITUTE  PRIMA  FACIE EVIDENCE OF A
VIOLATION OF THIS SECTION. IN ANY ACTION OR PROCEEDING TO  ENFORCE  THIS
SECTION,  THE  COURT  MAY ALLOW A PREVAILING PLAINTIFF REASONABLE ATTOR-
NEY'S FEES AS PART OF THE COSTS AND MAY INCLUDE EXPERT FEES AS  PART  OF
THE ATTORNEY'S FEE.
  S  67.  The  provisions of this act shall not be construed to conflict
with any provision of federal  law,  rule  or  regulation,  and  in  any
circumstance in which a conflict may exist, the appropriate federal law,
rule or regulation shall be controlling.
  S 68. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided that:
  (a)  the  amendments  to  section 6604-b of the education law, made by
section fourteen of this act,  shall  not  affect  the  repeal  of  such
section and shall be deemed repealed therewith;
  (b) section twenty-eight of this act shall take effect upon the enact-
ment  into law by the state of New Jersey of legislation having an iden-
tical effect with such section, but if the state  of  New  Jersey  shall
have  already enacted such legislation, section twenty-eight of this act
shall take effect on the effective date of this act; provided  that  the
office  for  new  Americans  shall  notify the legislative bill drafting
commission upon the occurrence of the enactment of such  legislation  by
the  state  of  New  Jersey in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating  the  provisions
of  section  44  of  the  legislative law and section 70-b of the public
officers law;
  (c) section thirty-six of this act shall take effect October 3,  2016;
and
  (d)  effective  immediately,  the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this  act  on
its  effective date are authorized and directed to be made and completed
on or before such effective date.