S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1215
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sens. RIVERA, 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".
   §  2. Legislative findings. The legislature hereby finds that New York
 is home to over 19.5 million individuals, including workers,  consumers,
 students,  neighbors and taxpayers. The wellbeing of this state is inex-
 tricably linked to the wellbeing of all these  New  Yorkers.  These  New
 Yorkers  share  a  common destiny and common dreams: a thriving New York
 state replete with healthy families, healthy  communities  and  striving
 businesses.  New  York is home to these individuals, regardless of their
 federal immigration status.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02080-02-7
              

 S. 1215                             2
 
   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.
   § 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.
   § 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
 SECTION NINETY-FOUR-B OF THIS CHAPTER.
   § 275-A. STATE CITIZENSHIP; ADMINISTRATION.  1. THE PROVISIONS OF THIS
 ARTICLE SHALL BE ADMINISTERED BY THE OFFICE. THE OFFICE SHALL:
   (A)  RECOGNIZE  THE  NEW  YORK  STATE  CITIZENSHIP  OF  ANY INDIVIDUAL
 DESCRIBED IN SUBDIVISION ONE OF SECTION TWO  HUNDRED  SEVENTY-FIVE-B  OF
 THIS  ARTICLE,  AND  GRANT  AND  RENEW NEW YORK STATE CITIZENSHIP TO ANY

 S. 1215                             3
 
 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.
   §  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.
   § 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. 1215                             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.
   § 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.
   §  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.
   § 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.
   § 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.
   § 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. 1215                             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.
   § 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.
   §  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.
   §  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. 1215                             6
 
   § 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:
   §  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;
   §  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;
   §  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;
   § 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;
   §  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. 1215                             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.
   § 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;
   §  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;
   § 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;
   § 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].
   §  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;
   §  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. 1215                             8
 
   §  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;
   §  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;
   §  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;
   §  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;
   § 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;
   §  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. 1215                             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.
   § 27. Section 10 of the general city law, as amended by chapter 133 of
 the laws of 1982, is amended to read as follows:
   § 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.
   § 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
   §  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;
   §  30.  Section  41 of the general business law, as amended by chapter
 321 of the laws of 1983, is amended to read as follows:
   § 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. 1215                            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.
   §  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. 1215                            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. 1215                            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.
   § 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;
   § 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.
   §  34.  Section 460 of the judiciary law, as amended by chapter 226 of
 the laws of 1985, is amended to read as follows:
   § 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. 1215                            13
 
 GRATION  CARD shall constitute no cause for refusing any person examina-
 tion or admission to practice.
   §  35.  Subdivision 1 of section 502 of the vehicle and traffic law 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-
 TY, INCLUDING NEW YORK STATE IDENTIFICATION CARDS,  FOREIGN  IDENTIFICA-
 TION CARDS, FOREIGN BIRTH CERTIFICATES AND FOREIGN PASSPORTS.

 S. 1215                            14
 
   §  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.
   § 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:

 S. 1215                            15
 
   (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.
   § 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
 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-

 S. 1215                            16
 
 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.
   §  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.
   § 40. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
 296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and
 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
 to read as follows:
   (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
 hold from any person or group of  persons  such  housing  accommodations
 because  of  the race, creed, color, disability, national origin, sexual
 orientation, military status, age, sex, marital status, STATUS AS A  NEW
 YORK  STATE CITIZEN, or familial status of such person or persons, or to
 represent that any housing accommodation or land is  not  available  for
 inspection, sale, rental or lease when in fact it is so available.
   (b)  To  discriminate  against  any person because of his or her race,
 creed, color, disability, national origin, sexual orientation,  military
 status, age, sex, marital status, STATUS AS A NEW YORK STATE CITIZEN, or
 familial  status in the terms, conditions or privileges of any publicly-
 assisted housing accommodations or in the furnishing  of  facilities  or
 services in connection therewith.
   (c) To cause to be made any written or oral inquiry or record concern-
 ing  the  race, creed, color, disability, national origin, sexual orien-
 tation, membership in the reserve armed forces of the United  States  or

 S. 1215                            17
 
 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.
   §  41.  Subdivisions 3-b, 4 and 5 of section 296 of the executive law,
 as amended by chapter 106 of the laws of 2003, are amended  to  read  as
 follows:
   3-b.  It  shall  be  an  unlawful discriminatory practice for any real
 estate broker, real estate salesperson or employee or agent  thereof  or
 any  other  individual, corporation, partnership or organization for the
 purpose of inducing a real estate transaction from which any such person
 or any of its stockholders or members may benefit financially, to repre-
 sent that a change has occurred or will or may occur in the  composition
 with respect to race, creed, color, national origin, sexual orientation,
 military  status,  STATUS  AS A NEW YORK STATE CITIZEN, sex, disability,
 marital status, or familial status of the owners  or  occupants  in  the
 block,  neighborhood  or area in which the real property is located, and
 to represent, directly or indirectly,  that  this  change  will  or  may
 result in undesirable consequences in the block, neighborhood or area in
 which  the  real  property  is located, including but not limited to the
 lowering of property values, an  increase  in  criminal  or  anti-social
 behavior, or a decline in the quality of schools or other facilities.
   4.  It  shall  be an unlawful discriminatory practice for an education
 corporation or association which holds itself out to the  public  to  be
 non-sectarian  and  exempt  from  taxation pursuant to the provisions of
 article four of the real property tax law to deny the use of its facili-
 ties to any person otherwise qualified, or to permit the  harassment  of
 any  student or applicant, by reason of his race, color, religion, disa-
 bility, national  origin,  sexual  orientation,  military  status,  sex,
 STATUS  AS  A NEW YORK STATE CITIZEN, age or marital status, except that
 any such institution which establishes or maintains a policy of  educat-
 ing persons of one sex exclusively may admit students of only one sex.
   5.  (a) It shall be an unlawful discriminatory practice for the owner,
 lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
 having  the  right  to  sell,  rent  or  lease  a housing accommodation,
 constructed or to be constructed, or any agent or employee thereof:
   (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
 from any person or group of persons such a housing accommodation because
 of the race, creed, color, national origin, sexual orientation, military
 status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
 CITIZEN, or familial status of such person or persons, or  to  represent
 that  any housing accommodation or land is not available for inspection,
 sale, rental or lease when in fact it is so available.

 S. 1215                            18
 
   (2) To discriminate against any person because of race, creed,  color,
 national origin, sexual orientation, military status, sex, age, disabil-
 ity,  marital  status,  STATUS  AS A NEW YORK STATE CITIZEN, or familial
 status in the terms, conditions or privileges of  the  sale,  rental  or
 lease  of any such housing accommodation or in the furnishing of facili-
 ties or services in connection therewith.
   (3) To print or circulate or cause to be  printed  or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for the purchase, rental or lease of such housing accommodation  or
 to  make  any  record  or  inquiry  in  connection  with the prospective
 purchase,  rental  or  lease  of  such  a  housing  accommodation  which
 expresses,  directly  or  indirectly,  any  limitation, specification or
 discrimination as to race, creed, color, national origin, sexual  orien-
 tation, military status, sex, age, disability, marital status, STATUS AS
 A  NEW YORK STATE CITIZEN, or familial status, or any intent to make any
 such limitation, specification or discrimination.
   The provisions of this paragraph [(a)] shall  not  apply  (1)  to  the
 rental  of  a housing accommodation in a building which contains housing
 accommodations for not more than two families  living  independently  of
 each  other, if the owner resides in one of such housing accommodations,
 (2) to the restriction of the rental of all rooms in a housing  accommo-
 dation  to individuals of the same sex or (3) to the rental of a room or
 rooms in a housing accommodation, if such rental is by the  occupant  of
 the  housing  accommodation or by the owner of the housing accommodation
 and the owner resides in such housing accommodation or (4)  solely  with
 respect  to  age  and  familial  status  to the restriction of the sale,
 rental or lease of housing accommodations exclusively to persons  sixty-
 two  years  of  age  or  older and the spouse of any such person, or for
 housing intended and operated for  occupancy  by  at  least  one  person
 fifty-five  years of age or older per unit. In determining whether hous-
 ing is intended and operated for occupancy by persons  fifty-five  years
 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
 federal Fair Housing Act of 1988, as amended, shall apply.
   (b)  It  shall  be  an unlawful discriminatory practice for the owner,
 lessee, sub-lessee, or managing agent of, or  other  person  having  the
 right of ownership or possession of or the right to sell, rent or lease,
 land or commercial space:
   (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
 from any person or group of persons land or commercial space because  of
 the  race,  creed,  color, national origin, sexual orientation, military
 status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
 CITIZEN, or familial status of such person or persons, or  to  represent
 that  any housing accommodation or land is not available for inspection,
 sale, rental or lease when in fact it is so available;
   (2) To discriminate against any person because of race, creed,  color,
 national origin, sexual orientation, military status, sex, age, disabil-
 ity,  marital  status,  STATUS  AS A NEW YORK STATE CITIZEN, or familial
 status in the terms, conditions or privileges of  the  sale,  rental  or
 lease  of  any  such  land  or commercial space; or in the furnishing of
 facilities or services in connection therewith;
   (3) To print or circulate or cause to be  printed  or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for the purchase, rental or lease of such land or commercial  space
 or  to  make  any  record  or inquiry in connection with the prospective
 purchase, rental or  lease  of  such  land  or  commercial  space  which
 expresses,  directly  or  indirectly,  any  limitation, specification or

 S. 1215                            19
 
 discrimination as to race, creed, color, national origin, sexual  orien-
 tation, military status, sex, age, disability, marital status, STATUS AS
 A  NEW YORK STATE CITIZEN, or familial status; or any intent to make any
 such limitation, specification or discrimination.
   (4)  With  respect  to age and familial status, the provisions of this
 paragraph shall not apply to the restriction  of  the  sale,  rental  or
 lease  of  land  or  commercial  space exclusively to persons fifty-five
 years of age or older and the spouse of  any  such  person,  or  to  the
 restriction  of  the  sale,  rental  or lease of land to be used for the
 construction, or location  of  housing  accommodations  exclusively  for
 persons  sixty-two  years  of age or older, or intended and operated for
 occupancy by at least one person fifty-five years of age  or  older  per
 unit.  In determining whether housing is intended and operated for occu-
 pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
 (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
 amended, shall apply.
   (c) It shall be an  unlawful  discriminatory  practice  for  any  real
 estate broker, real estate salesperson or employee or agent thereof:
   (1)  To  refuse to sell, rent or lease any housing accommodation, land
 or commercial space to any person or group of persons or  to  refuse  to
 negotiate  for  the sale, rental or lease, of any housing accommodation,
 land or commercial space to any person or group of  persons  because  of
 the  race,  creed,  color, national origin, sexual orientation, military
 status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
 CITIZEN, or familial status of such person or persons, or  to  represent
 that  any  housing accommodation, land or commercial space is not avail-
 able for inspection, sale, rental or lease when in fact it is so  avail-
 able,  or  otherwise to deny or withhold any housing accommodation, land
 or commercial space or any facilities of any housing accommodation, land
 or commercial space from any person or group of persons because  of  the
 race,  creed,  color,  national  origin,  sexual  orientation,  military
 status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
 CITIZEN, or familial status of such person or persons.
   (2) To print or circulate or cause to be  printed  or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for the purchase, rental or lease  of  any  housing  accommodation,
 land  or commercial space or to make any record or inquiry in connection
 with the prospective purchase, rental or lease of any  housing  accommo-
 dation,  land or commercial space which expresses, directly or indirect-
 ly, any limitation, specification, or discrimination as to race,  creed,
 color,  national  origin, sexual orientation, military status, sex, age,
 disability, marital status, STATUS AS A NEW YORK STATE CITIZEN, or fami-
 lial status; or any intent to make any such limitation, specification or
 discrimination.
   (3) With respect to age and familial status, the  provisions  of  this
 paragraph  shall  not  apply  to  the restriction of the sale, rental or
 lease of any land or commercial space exclusively to persons  fifty-five
 years  of  age  or  older  and  the spouse of any such person, or to the
 restriction of the sale, rental or lease of any housing accommodation or
 land to be used for the construction or  location  of  housing  accommo-
 dations  for  persons  sixty-two  years of age or older, or intended and
 operated for occupancy by at least one person fifty-five years of age or
 older per unit. In determining whether housing is intended and  operated
 for occupancy by persons fifty-five years of age or older, Sec.  807 (b)
 (2)  (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of
 1988, as amended, shall apply.

 S. 1215                            20
 
   (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.
   § 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.
   §  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:
   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,

 S. 1215                            21
 
 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.
   § 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. 1215                            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.
   § 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.
   §  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. 1215                            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.
   § 47. Section 131-k of the social services law is REPEALED.
   § 48. Article 13 of the education law  is  amended  by  adding  a  new
 section 609-a to read as follows:
   §  609-A.  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-
 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. 1215                            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.
   § 49. Subdivision 3 of section 661 of the education law is REPEALED.
   § 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:
   (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. 1215                            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.
   b.  [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS
 PARAGRAPH, AN applicant for an award at the graduate level of study must
 either [(i)] (A) have been a legal resident of the state  for  at  least
 one year immediately preceding the beginning of the semester, quarter or
 term  of  attendance  for  which  application for assistance is made, or
 [(ii)] (B) be a legal resident of the state and have been a legal  resi-
 dent  during  his  last  academic  year  of undergraduate study and have
 continued to be a legal resident until  matriculation  in  the  graduate
 program.
   (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
 CITIZEN,  A  PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN, A
 NEW YORK STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
 SHALL BE ELIGIBLE FOR AN AWARD  AT  THE  UNDERGRADUATE  LEVEL  OF  STUDY
 PROVIDED THAT THE STUDENT:
   (A)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
 OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
 AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
 THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
 TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
 YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.

 S. 1215                            26
 
   §  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.
   § 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.
   § 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.
   § 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.
   § 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
 APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY BE REDUCED BY STATE-AID-
 ED  PROGRAMS,  SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AWARDED UNDER

 S. 1215                            27
 
 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.
   § 56. Paragraph d of subdivision 3 of section 6451  of  the  education
 law,  as  amended by chapter 494 of the laws of 2016, 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;
   § 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.
   §  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
 APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE

 S. 1215                            28
 
 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.
   §  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
 COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-

 S. 1215                            29
 
 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.
   § 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 SEVEN-
 TEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER  IDEN-
 TIFICATION  NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL
 BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
   (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 SEVENTEEN 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
   § 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.
   § 62. The correction law is amended by adding a new  section  71-b  to
 read as follows:
   §  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. 1215                            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. 1215                            31
 
   § 63. The executive law is amended by adding a new  section  243-a  to
 read as follows:
   §  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. 1215                            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.
   § 64. The executive law is amended by adding a new  section  223-a  to
 read as follows:
   §  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. 1215                            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.
   §  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.
   § 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, 2020;
   (d) section fifty-six of this act shall take effect on the  same  date
 and  in the same manner as chapter 494 of the laws of 2016 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.