Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 13, 2016 |
print number 776a |
Jan 13, 2016 |
amend and recommit to finance |
Jan 06, 2016 |
referred to finance |
Jan 07, 2015 |
referred to finance |
Senate Bill S776A
2015-2016 Legislative Session
Enacts the "New York is home act" to establish New York state citizenship, regardless of immigration status, and providing certain rights and benefits to persons with such citizenship; repealer
download bill text pdfSponsored By
(D, WF) 33rd Senate District
Archive: Last Bill Status - In Senate Committee Finance Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D, WF) Senate District
(D, WF) 29th Senate District
2015-S776 - Details
- Current Committee:
- Senate Finance
- Law Section:
- Executive Law
- Laws Affected:
- Add Art 14-A §§275 - 275-f, §§243-a & 223-a, amd §§296, 296-a & 296-b, Exec L; amd §5-102, El L; amd §§3 & 89, Pub Off L; amd §5, Tax L; amd §3-503, Gen Ob L; rpld §661 sub 3, amd Ed L, generally; amd §126, ABC L; amd §10, Gen City L; amd Part I §1 Art X, Chap 882 of 1953; amd §3421, Pub Health L; amd §§41, 72 & 89-h, Gen Bus L; amd §440-a, RP L; amd §460, Judy L; amd §502, rpld sub 1, V & T L; rpld §131-k, amd §122, Soc Serv L; add §71-b, Cor L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S7879
2017-2018: S1215
2019-2020: S1021
2021-2022: S4279
2015-S776 - Sponsor Memo
BILL NUMBER:S776 TITLE OF BILL: 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 judiciary 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 immigration 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 relating to residency for eligibility for student financial aid PURPOSE: To establish New York State citizenship, regardless of immigration status, and providing certain rights and benefits to persons with such citizenship.
SUMMARY OF PROVISIONS: (1) New York is Home Act. This is the act's short title. (2) Eligibility Criteria. Any person who meets the following five criteria can qualify to apply for New York State citizenship. *Can present proof of identity. *Has resided in New York State for at least 3 years. k Has paid required New York State taxes for at least 3 years. *Pledges to abide by New York laws and uphold the State Constitution. *Attests willingness to serve on New York juries and continue to pay state taxes. New York State citizens shall be issued an identification card and number which they may use for identification purposes unless prohibited by federal law. (3) Voting. The New York is Home Act extends voting rights to all State Citizens. *State Citizens may vote in all State and local elections. *Localities must honor the voting rights of all State Citizens, and may extend voting rights to other New York State residents who are not State Citizens. *Voting is a fundamental right and responsibility in a democracy. The U.S. and New York State Constitutions permit the State to extend voting rights to non-U.S. citizens. *Voting by non-U.S. citizens has a long historical precedent in the U.S., having taken place throughout our nation's history. At the beginning of the 20th century, at least 22 states and territories permitted non-U.S. citizens to vote in local, state, and national elections. Arkansas was the last state to end voting by non-U.S. citizens in 1926. In modern times, localities such as Takoma Park, Maryland and even New York City have extended voting to non U.S. citizens for certain elections. (4) Public Officers. The New York is Home Act extends the right to hold certain public offices to State Citizens. State Citizens may hold civil office where permitted by the New York State Constitution. Just as with voting, the principle of equal rights and equal responsibilities dictates that State Citizens should be able to serve the public. (5) Confidentiality. The New York is Home Act prohibits: *Retention of applicants' records after their applications for New York State Citizenship have been decided; *The sharing of documentation provided by individuals in the course of applying for New York State Citizenship; *Disclosure of any information that would identify an individual or group of individuals as State Citizens. (6) Professional Licenses. The New York is Home Act amends the law to ease access to professional licenses for New York State Citizens by: *Allowing State Citizens to apply for any professional license issued by the State of New York regardless of federal citizenship status. *Allowing State Citizens to provide a State Citizen number instead of a social security number during the license application process. *Licenses that State Citizens may be able to access under the bill include those required for attorneys, physicians, dentists, midwives, and others. *This section has no impact on a State Citizen's authorization to work in the United States, which is a function of a person's federal immigration statu,. Nothing about this act allows people without federal work authorization to access employment opportunities that are other-wise unavailable to them because of their federal immigration status. (7) Drivers Licenses. The New York Is Home Act amends the Vehicle and Traffic Law as follows: *Allows drivers license applicants to rely on their New York State Citizen number as an alternative to a social security in the application process. *Requires the DMV commissioner to promulgate rules clarifying that eligibility does not require a social security number, and providing a list of alternative proofs of identity, including but not limited to a New York State Citizen number. *These amendments will ensure New York State Citizens may obtain a New York State drivers license. (8) Human Rights Protections. The New York is Home Act expands the existing Human Rights Law to prohibit discrimination against an individual on the basis of their real or perceived status as a New York State Citizen in the areas *Employment and Employment Services *Public Accommodation *Housing and Real Estate *Education *Membership in Volunteer Fire Departments or Fire Companies *Banking and Financial Services *The act does not extend any additional rights or benefits to New York State Citizens with respect to employment, housing, or financial services. Thus for example this section of the act does not provide work authorization for people who lack permission to work because of their federal immigration status. Rather this section simply ensures that New York State Citizens are protected from discrimination based on (a) their real or perceived status as New York State Citizens and (b) their real or perceived federal immigration status based on their possession of a New York State Citizen Identification Card. (9) Social Services. The New York is Home Act extends benefits and protections to New York State Citizens under the social services law. *State Citizens can qualify for State Medicaid coverage. (10) DREAM. The New York is Home Act extends educational benefits to certain individuals, including but not limited to New York State Citizens by: *Establishing the DREAM Fund to provide private scholarships to qualifying students. *Extending equal eligibility for in-state tuition, State financial aid and tuition assistance, and family tuition savings accounts to qualifying students regardless of their federal immigration status, including New York State Citizens as well as undocumented students. (11) Detainers and Racial Profiling. The New York is Home Act puts limits on State and Local collaboration with Federal immigration enforcement programs by: *Prohibiting State and local law enforcement officers from complying with Federal immigration detainer requests, which are voluntary requests to hold individuals for no other reason than to facilitate their deportation. *Prohibiting Federal immigration officers from access to State and local facilities for the purpose of investigating violations of civil immigration law. *Limiting information sharing by State and local law enforcement officers unless Federal immigration authorities have a criminal warrant or legitimate law enforcement purpose unrelated to the enforcement of civil immigration law. *Prohibiting racial profiling by State police. (12) Home Rule. The New York is Home Act does not prevent localities from enacting any laws, policies, or regulations that further protect and promote the rights and integration of New York State Citizens or other immigrants with ties to New York State. JUSTIFICATION: Citizenship should recognize and reward what we all contribute to our communities. Across our state, countless people are regular contributors to our economic vibrancy and vitality. They create jobs, pay taxes, run businesses, and drive the innovation that will shape our future. Documented and undocumented residents should be able to participate fully in the health and growth of our state. The New York is Home Act would foster that participation by extending the rights and responsibilities of state citizenship to all residents who demonstrate their ability to make New York a better and stronger place for everyone. This commonsense legislation would help increase the economic contributions and political participation of nearly 3 million residents. Current state law excludes many residents from voting rights, higher education, health care, drivers' licenses, and professional licenses. This exclusion is a loss for all of us, since it reduces the number of people who can make our state stronger and better. The New York is Home Act would extend state citizenship to all residents who demonstrate they pay taxes, respect our laws, and are willing to perform jury duty. These residents will be able to apply for state citizenship through New York's Office for New Americans. Increasing their economic contributions and political participation will be a win for everyone: it will drive greater job creation and business growth while making our electoral process fairer and more inclusive. For documented and undocumented residents, New York is their home-and in many cases, it is the only home they have ever known. Most residents looking to contribute to and participate in a better and stronger New York want the same things: good schools, high-quality jobs, safe communities, and a bright future for their kids. The New York is Home Act reflects our shared values as residents, and it should be embraced by all our elected officials. This legislation will enable the full and equal participation of everyone who makes this great state their home. New York can and should be a national leader on immigrant. inclusion. This legislation is long overdue and absolutely urgent. It includes tuition equity, access to health care, drivers' licenses, professional licenses, the right to vote and a ban on racial profiling. The New York is Home Act creates a smart model of immigrant inclusion for the rest of the country to replicate. At a time of federal inaction on comprehensive immigration reform, New York can step up as a national leader and show the way forward for other states. This bill respects the federal government's authority over federal immigration, while asserting New York's authority to define its citizenry and to distribute the benefits of state citizenship. LEGISLATIVE HISTORY: New Bill. FISCAL IMPLICATIONS: To be determined LOCAL FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
2015-S776 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 776 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sens. RIVERA, ESPAILLAT, PERKINS, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, the election law, the public officers law, the tax law, the general obligations law, the education law, the alcoholic beverage control law, the general city law, chapter 882 of the laws of 1953, establishing a compact with the state of New Jersey for the elimination of criminal and corrupt practices in the handling of waterborne freight within the port of New York district, the public health law, the general business law, the real property law, the judi- ciary law, the vehicle and traffic law, the social services law and the correction law, in relation to enacting the "New York is home act" to establish New York state citizenship, regardless of federal immi- gration status, and requiring the provision of certain rights of such citizenship; to repeal subdivision 1 of section 502 of the vehicle and traffic law relating to applications for drivers' licenses; to repeal section 131-k of the social services law relating to illegal aliens; and to repeal subdivision 3 of section 661 of the education law relat- ing to residency for eligibility for student financial aid THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03792-01-5
S. 776 2 businesses. New York is home to these individuals, regardless of their federal immigration status. 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 S. 776 3 THIS ARTICLE, AND GRANT AND RENEW NEW YORK STATE CITIZENSHIP TO ANY 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. S. 776 4 2. ANY PERSON IN POSSESSION OF A VALID NEW YORK STATE IDENTIFICATION CARD SHALL NOT BE DISQUALIFIED FROM ELIGIBILITY FOR ANY OF THE FOLLOWING 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 251 of the laws of 2014, is amended to read as follows: 1. No person shall be capable of holding a civil office who shall not, at the time he or she shall be chosen thereto, have attained the age of eighteen years, except that in the case of youth boards, youth commis- sions, recreation commissions, or community boards in the city of New York only, members of such boards or commissions may be under the age of S. 776 5 eighteen years, but must have attained the age of sixteen years on or before appointment to such youth board, youth commission, recreation commission, or community board in the city of New York, be a citizen of the United States 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 or she shall be chosen, or within which the electors electing him or her reside, or within which his or her 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. 776 6 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: 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 S. 776 7 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- 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. 776 8 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: (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 S. 776 9 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 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 S. 776 10 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 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 S. 776 11 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 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 S. 776 12 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 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- S. 776 13 GRATION CARD shall constitute no cause for refusing any person examina- tion or admission to practice. 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- S. 776 14 TY, INCLUDING NEW YORK STATE IDENTIFICATION CARDS, FOREIGN IDENTIFICA- TION CARDS, FOREIGN BIRTH CERTIFICATES AND FOREIGN PASSPORTS. 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- S. 776 15 ty, including New York state identification cards, foreign identifica- tion cards, foreign birth certificates and foreign passports. 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- S. 776 16 ticeship training program, on-the-job training program, executive train- ing program, or other occupational training or retraining program; (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. S. 776 17 (c) To cause to be made any written or oral inquiry or record concern- ing the race, creed, color, disability, national origin, sexual orien- 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 S. 776 18 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 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 S. 776 19 purchase, rental or lease of such land or commercial space 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. (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) S. 776 20 (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (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, S. 776 21 STATUS AS A NEW YORK STATE CITIZEN, sex, or disability of such person, or of such person's partners, members, stockholders, directors, offi- 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 S. 776 22 applicants in circumstances where similar requirements or conditions are not imposed upon other applicants of like overall credit worthiness. 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 S. 776 23 (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. 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 S. 776 24 SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL 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 S. 776 25 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE 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 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 S. 776 26 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. 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 TITLE, 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 S. 776 27 APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY BE REDUCED BY STATE-AID- ED PROGRAMS, SCHOLARSHIPS AND 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 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 S. 776 28 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 (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 HER 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 S. 776 29 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 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 FIFTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA- TION 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 FIFTEEN 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 S. 776 30 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) 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. 776 31 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. 776 32 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. 776 33 (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 AND 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.
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D, WF) Senate District
(D, WF) 29th Senate District
2015-S776A (ACTIVE) - Details
- Current Committee:
- Senate Finance
- Law Section:
- Executive Law
- Laws Affected:
- Add Art 14-A §§275 - 275-f, §§243-a & 223-a, amd §§296, 296-a & 296-b, Exec L; amd §5-102, El L; amd §§3 & 89, Pub Off L; amd §5, Tax L; amd §3-503, Gen Ob L; rpld §661 sub 3, amd Ed L, generally; amd §126, ABC L; amd §10, Gen City L; amd Part I §1 Art X, Chap 882 of 1953; amd §3421, Pub Health L; amd §§41, 72 & 89-h, Gen Bus L; amd §440-a, RP L; amd §460, Judy L; amd §502, rpld sub 1, V & T L; rpld §131-k, amd §122, Soc Serv L; add §71-b, Cor L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S7879
2017-2018: S1215
2019-2020: S1021
2021-2022: S4279
2015-S776A (ACTIVE) - Sponsor Memo
BILL NUMBER: S776A TITLE OF BILL : 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 judiciary 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 immigration 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 relating to residency for eligibility for student financial aid PURPOSE : To establish New York State citizenship, regardless of immigration status, and providing certain rights and benefits to persons with such
citizenship. SUMMARY OF PROVISIONS : (1) New York is Home Act. This is the act's short title. (2) Eligibility Criteria. Any person who meets the following five criteria can qualify to apply for New York State citizenship. *Can present proof of identity. *Has resided in New York State for at least 3 years. k Has paid required New York State taxes for at least 3 years. *Pledges to abide by New York laws and uphold the State Constitution. *Attests willingness to serve on New York juries and continue to pay state taxes. New York State citizens shall be issued an identification card and number which they may use for identification purposes unless prohibited by federal law. (3) Voting. The New York is Home Act extends voting rights to all State Citizens. *State Citizens may vote in all State and local elections. *Localities must honor the voting rights of all State Citizens, and may extend voting rights to other New York State residents who are not State Citizens. *Voting is a fundamental right and responsibility in a democracy. The U.S. and New York State Constitutions permit the State to extend voting rights to non-U.S. citizens. *Voting by non-U.S. citizens has a long historical precedent in the U.S., having taken place throughout our nation's history. At the beginning of the 20th century, at least 22 states and territories permitted non-U.S. citizens to vote in local, state, and national elections. Arkansas was the last state to end voting by non-U.S. citizens in 1926. In modern times, localities such as Takoma Park, Maryland and even New York City have extended voting to non U.S. citizens for certain elections. (4) Public Officers. The New York is Home Act extends the right to hold certain public offices to State Citizens. State Citizens may hold civil office where permitted by the New York State Constitution. Just as with voting, the principle of equal rights and equal responsibilities dictates that State Citizens should be able to serve the public. (5) Confidentiality. The New York is Home Act prohibits: *Retention of applicants' records after their applications for New York State Citizenship have been decided; *The sharing of documentation provided by individuals in the course of applying for New York State Citizenship; *Disclosure of any information that would identify an individual or group of individuals as State Citizens. (6) Professional Licenses. The New York is Home Act amends the law to ease access to professional licenses for New York State Citizens by: *Allowing State Citizens to apply for any professional license issued by the State of New York regardless of federal citizenship status. *Allowing State Citizens to provide a State Citizen number instead of a social security number during the license application process. *Licenses that State Citizens may be able to access under the bill include those required for attorneys, physicians, dentists, midwives, and others. *This section has no impact on a State Citizen's authorization to work in the United States, which is a function of a person's federal immigration status. Nothing about this act allows people without federal work authorization to access employment opportunities that are otherwise unavailable to them because of their federal immigration status. (7) Drivers Licenses. The New York Is Home Act amends the Vehicle and Traffic Law as follows: *Allows drivers license applicants to rely on their New York State Citizen number as an alternative to a social security in the application process. *Requires the DMV commissioner to promulgate rules clarifying that eligibility does not require a social security number, and providing a list of alternative proofs of identity, including but not limited to a New York State Citizen number. *These amendments will ensure New York State Citizens may obtain a New York State drivers license. (8) Human Rights Protections. The New York is Home Act expands the existing Human Rights Law to prohibit discrimination against an individual on the basis of their real or perceived status as a New York State Citizen in the areas *Employment and Employment Services *Public Accommodation *Housing and Real Estate *Education *Membership in Volunteer Fire Departments or Fire Companies *Banking and Financial Services *The act does not extend any additional rights or benefits to New York State Citizens with respect to employment, housing, or financial services. Thus for example this section of the act does not provide work authorization for people who lack permission to work because of their federal immigration status. Rather this section simply ensures that New York State Citizens are protected from discrimination based on (a) their real or perceived status as New York State Citizens and (b) their real or perceived federal immigration status based on their possession of a New York State Citizen Identification Card. (9) Social Services. The New York is Home Act extends benefits and protections to New York State Citizens under the social services law. *State Citizens can qualify for State Medicaid coverage. (10) DREAM. The New York is Home Act extends educational benefits to certain individuals, including but not limited to New York State Citizens by: *Establishing the DREAM Fund to provide private scholarships to qualifying students. *Extending equal eligibility for in-state tuition, State financial aid and tuition assistance, and family tuition savings accounts to qualifying students regardless of their federal immigration status, including New York State Citizens as well as undocumented students. (11) Detainers and Racial Profiling. The New York is Home Act puts limits on State and Local collaboration with Federal immigration enforcement programs by: *Prohibiting State and local law enforcement officers from complying with Federal immigration detainer requests, which are voluntary requests to hold individuals for no other reason than to facilitate their deportation. *Prohibiting Federal immigration officers from access to State and local facilities for the purpose of investigating violations of civil immigration law. *Limiting information sharing by State and local law enforcement officers unless Federal immigration authorities have a criminal warrant or legitimate law enforcement purpose unrelated to the enforcement of civil immigration law. *Prohibiting racial profiling by State police. (12) Home Rule. The New York is Home Act does not prevent localities from enacting any laws, policies, or regulations that further protect and promote the rights and integration of New York State Citizens or other immigrants with ties to New York State. JUSTIFICATION : Citizenship should recognize and reward what we all contribute to our communities. Across our state, countless people are regular contributors to our economic vibrancy and vitality. They create jobs, pay taxes, run businesses, and drive the innovation that will shape our future. Documented and undocumented residents should be able to participate fully in the health and growth of our state. The New York is Home Act would foster that participation by extending the rights and responsibilities of state citizenship to all residents who demonstrate their ability to make New York a better and stronger place for everyone. This commonsense legislation would help increase the economic contributions and political participation of nearly 3 million residents. Current state law excludes many residents from voting rights, higher education, health care, drivers' licenses, and professional licenses. This exclusion is a loss for all of us, since it reduces the number of people who can make our state stronger and better. The New York is Home Act would extend state citizenship to all residents who demonstrate they pay taxes, respect our laws, and are willing to perform jury duty. These residents will be able to apply for state citizenship through New York's Office for New Americans. Increasing their economic contributions and political participation will be a win for everyone: it will drive greater job creation and business growth while making our electoral process fairer and more inclusive. For documented and undocumented residents, New York is their home-and in many cases, it is the only home they have ever known. Most residents looking to contribute to and participate in a better and stronger New York want the same things: good schools, high-quality jobs, safe communities, and a bright future for their kids. The New York is Home Act reflects our shared values as residents, and it should be embraced by all our elected officials. This legislation will enable the full and equal participation of everyone who makes this great state their home. New York can and should be a national leader on immigrant. inclusion. This legislation is long overdue and absolutely urgent. It includes tuition equity, access to health care, drivers' licenses, professional licenses, the right to vote and a ban on racial profiling. The New York is Home Act creates a smart model of immigrant inclusion for the rest of the country to replicate. At a time of federal inaction on comprehensive immigration reform, New York can step up as a national leader and show the way forward for other states. This bill respects the federal government's authority over federal immigration, while asserting New York's authority to define its citizenry and to distribute the benefits of state citizenship. LEGISLATIVE HISTORY : New Bill. FISCAL IMPLICATIONS : To be determined LOCAL FISCAL IMPLICATIONS : To be determined. EFFECTIVE DATE : This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
2015-S776A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 776--A 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sens. RIVERA, ESPAILLAT, HAMILTON, PERKINS, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- recommitted to the Committee on Finance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD03792-02-6 S. 776--A 2 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. 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: S. 776--A 3 (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 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; OR 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' S. 776--A 4 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 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 251 of the laws of 2014, is amended to read as follows: 1. No person shall be capable of holding a civil office who shall not, at the time he or she shall be chosen thereto, have attained the age of eighteen years, except that in the case of youth boards, youth commis- S. 776--A 5 sions, recreation commissions, or community boards in the city of New York 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, recreation commission, or community board in the city of New York, be a citizen of the United States 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 or she shall be chosen, or within which the electors electing him or her reside, or within which his or her 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 S. 776--A 6 [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: 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, S. 776--A 7 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- 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. 776--A 8 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: (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 S. 776--A 9 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 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 S. 776--A 10 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 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 S. 776--A 11 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 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 S. 776--A 12 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 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, HERSELF 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 arti- cle, either as an individual 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- S. 776--A 13 GRATION CARD shall constitute no cause for refusing any person examina- tion or admission to practice. 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, the third undesignated paragraph as amended by chapter 405 of the laws of 2015, 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 HEALTH SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN PERSON OR ELECTRONICALLY, 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 REGISTERED IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. IN ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE WHO WILL OPERATE A COMMERCIAL MOTOR VEHICLE IN INTER- STATE 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 REGULATIONS, AND ALL REGULATIONS PROMULGATED BY THE UNITED STATES SECRETARY OF TRANSPOR- TATION 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 CERTIF- ICATION" 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 DRIVER'S LICENSE HAS MADE ANY FALSE STATEMENT, WITH RESPECT TO THE APPLICATION 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- S. 776--A 14 TY, INCLUDING NEW YORK STATE IDENTIFICATION CARDS, FOREIGN IDENTIFICA- TION CARDS, FOREIGN BIRTH CERTIFICATES AND FOREIGN PASSPORTS. 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 health shall not maintain records of any person who checks "skip this question". Except where the application is made in person or electronically, 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 registered in the donate life registry, checking "skip this question" or failing to check a box shall not impair that consent or registration]. In addition, an applicant for a commer- cial driver's license who will operate a commercial motor vehicle in interstate commerce shall certify that such applicant meets the require- ments to operate a commercial motor vehicle, as set forth in public law 99-570, title XII, and title 49 of the code of federal regulations, and all regulations promulgated by the United States secretary of transpor- tation 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 certif- ication" 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 driver's license has made any false statement, with respect to the application 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. 776--A 15 S 37. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296 of the executive law, as amended by chapter 365 of the laws of 2015, 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, familial status, 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 CITIZEN, familial status, 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, familial status, 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, familial status, or marital status, or any intent to make any such limitation, specification or discrimi- nation, 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 character- istics, 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 orien- tation, military status, sex, disability, predisposing genetic charac- teristics, familial status, or marital status. S 38. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of the executive law, as amended by chapter 365 of the laws of 2015, 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, familial status, STATUS AS A NEW YORK STATE CITIZEN, or marital status, the right to be admitted to or participate in a guidance program, an apprenticeship training program, on-the-job training S. 776--A 16 program, executive training program, or other occupational training or retraining program; (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, familial status 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, familial status 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- S. 776--A 17 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- 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 S. 776--A 18 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 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- S. 776--A 19 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 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 S. 776--A 20 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. (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 365 of the laws of 2015 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, sex, marital status, STATUS AS A NEW YORK STATE CITIZEN, or familial status, of such individual. S 43. Subdivision 13 of section 296 of the executive law, as amended by chapter 365 of the laws of 2015, is amended to read as follows: S. 776--A 21 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, disability, or familial status, of such person, or of such person's partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, busi- ness 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 S. 776--A 22 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. 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 S. 776--A 23 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. 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. Article 13 of 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; AND (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- S. 776--A 24 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 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. Paragraphs a and b of subdivision 5 of section 661 of the educa- tion law, as amended by chapter 466 of the laws of 1977, are 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: S. 776--A 25 (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 (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. 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 S. 776--A 26 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 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 52. 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 53. 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 TITLE, AS APPLICABLE. S 54. 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 55. 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 S. 776--A 27 APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY BE REDUCED BY STATE-AID- ED PROGRAMS, SCHOLARSHIPS AND 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 PARA- GRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE. S 56. 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 57. 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 58. 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 S. 776--A 28 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 (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 HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. S 59. 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 S. 776--A 29 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 60. Subparagraphs (i) and (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, are 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 SIXTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA- TION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; (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 SIXTEEN 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 61. 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 62. 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 ENFORCEMENT OF THE CIVIL PROVISIONS OF THE IMMIGRATION AND NATIONALITY ACT. S. 776--A 30 (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. 8. FOR THE PURPOSE OF THIS SECTION, ANY REFERENCE TO A STATUTE, RULE, OR REGULATION SHALL BE DEEMED TO INCLUDE ANY SUCCESSOR PROVISION. S. 776--A 31 S 63. 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 OTHER INFORMATION, UNLESS SUCH RESPONSE OR COMMUNICATIONS IS REQUIRED OR PROTECTED BY LAW. S. 776--A 32 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 64. 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; (D) PROCEDURES FOR RECEIVING, INVESTIGATING AND RESPONDING MEANINGFUL- LY TO COMPLAINTS ALLEGING RACIAL PROFILING BY MEMBERS OF THE DIVISION OF STATE POLICE; AND S. 776--A 33 (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 AND 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 65. 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 66. 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, 2017; (d) if chapter 365 of the laws of 2015 shall not have taken effect on or before such effective date, then sections thirty-seven, thirty-eight, forty-two and forty-three of this act shall take effect on the same date and in the same manner as chapter 365 of the laws of 2015 takes effect; and (e) effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.
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