LBD15998-01-2
S. 9333 2
regulations, as synonymizing foreign-born people with criminals and
outsiders. Not only do these connotations dehumanize the immigrants that
elevate our cultural, civic, and economic life, but they hold power in
the creation of xenophobic laws and rules resulting from legislation and
judicial decisions. New York state has long valued the benefits that
come with a diverse immigrant population and has held out to be a land
of opportunity for all. Currently, 4.4 million immigrants live in New
York state, with over three million residing in New York city. In 2018,
immigrant households in New York paid $35.4 billion in federal taxes and
$21.8 billion in state and local taxes. Immigrants comprise more than 34
percent of all self-employed New Yorkers and generated $7.8 billion in
income during 2018 alone. Immigrants throughout New York state have
proven to strengthen New York's economy and diversify social and
cultural life.
To coincide with New York state's inclusive and welcoming platform on
immigration matters, the terms "alien" and "illegal alien" should be
removed from all state laws. By replacing these terms with "noncitizen"
and "undocumented noncitizen," New York state will both match the
language anticipated to be in federal codes and demonstrate respect and
humanity to its immigrant population.
§ 2. Section 8 of the executive law is amended to read as follows:
§ 8. Registration of [aliens] NONCITIZENS. Whenever a state of war
exists between the United States and a foreign country, or, in the judg-
ment of the governor public safety or necessity requires such action,
the governor may, by proclamation, direct every subject or citizen of
such foreign countries as the governor may designate in such proclama-
tion, who are in this state, or who may from time to time come into the
state, to appear within twenty-four hours after the date specified in
such proclamation or after arrival within the state, before such public
authorities as the governor may designate in such proclamation, and
personally register his or her name, residence, business, length of stay
and such other information as the governor shall prescribe. Such procla-
mation shall be published in such newspapers as the governor may desig-
nate. Every person to whom such proclamation is applicable shall also
comply with such rules or personal identification as the governor shall
from time to time prescribe. The occupant of every private residence,
and the owner, lessee or proprietor, operating or managing every hotel,
inn, boarding or rooming house shall, within twenty-four hours after the
date specified in such proclamation, notify such public authorities of
the presence therein of every subject or citizen of a foreign country to
whom such proclamation is applicable, and shall each day thereafter
notify such public authorities of the arrival thereat or departure ther-
efrom of every such subject or citizen. A failure to comply with any
such proclamation or to perform any act required by this section shall
be a misdemeanor, punishable by a fine of not exceeding one thousand
dollars, or imprisonment for one year or both.
§ 3. The opening paragraph of subdivision 8 and paragraph (a) of
subdivision 15 of section 310 of the executive law, the opening para-
graph of subdivision 8 as added by chapter 261 of the laws of 1988 and
paragraph (a) of subdivision 15 as amended by chapter 22 of the laws of
2014, are amended to read as follows:
"Minority group member" shall mean a United States citizen or perma-
nent resident [alien] NONCITIZEN who is and can demonstrate membership
in one of the following groups:
(a) at least fifty-one percent owned by one or more United States
citizens or permanent resident [aliens] NONCITIZENS who are women;
S. 9333 3
§ 4. Clause (i) of paragraph (a) of subdivision 2-a of section 314 of
the executive law, as amended by chapter 96 of the laws of 2019, is
amended to read as follows:
(i) have at least fifty-one percent ownership by a minority or a
women-owned enterprise and be owned by United States citizens or perma-
nent resident [aliens] NONCITIZENS;
§ 5. The opening paragraph of subdivision 6 of section 821 of the
executive law, as added by chapter 96 of the laws of 2019, is amended to
read as follows:
"Minority group member" shall mean a United States citizen or perma-
nent resident [alien] NONCITIZEN who is and can demonstrate membership
in one of the following groups:
§ 6. Subdivision 3 of section 940 of the executive law, as added by
chapter 31 of the laws of 1985, is amended to read as follows:
3. "Minority" shall mean a resident of New York state or a permanent
resident [alien] NONCITIZEN residing in New York state who is a member
of a group historically underrepresented in the scientific, technical,
health, and health-related professions as defined by the regents after
consultation with the council.
§ 7. 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] A
NONCITIZEN lawfully admitted for permanent residence in the United
States.
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] A NONCITIZEN
lawfully admitted for permanent residence in the United States, 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 executive pardon therefor
removing this disability a certificate of good conduct granted by the
department of corrections and community supervision, 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 directors are citizens of the
United States or [aliens] NONCITIZENS lawfully admitted for permanent
residence in the United States; and provided further that a corporation
organized under the not-for-profit 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
S. 9333 4
principal officers and each of its directors are not less than eighteen
years of age.
§ 8. Paragraph (a) of subdivision 2 of section 100-a of the banking
law, as amended by chapter 961 of the laws of 1966, is amended to read
as follows:
(a) Any trust company may be appointed guardian, trustee or adminis-
trator, on the application or consent of any person acting as such or as
an executor or entitled to such appointment irrespective of whether such
person would himself OR HERSELF be disqualified from acting by reason of
his OR HER being [an alien] A NONCITIZEN or non-resident of this state,
and in the place and stead of such person, or such trust company may be
joined with any person so acting or entitled to such appointment; but
such appointments shall be made upon such notice, as is required by law,
to the persons interested in the estate or fund and on the consent of
such of the principal legatees or other persons interested in the estate
or fund as the court, surrogate or judge making the appointment shall
deem proper. No appointment so made shall be deemed to increase the
number of persons entitled to full compensation beyond the number so
entitled under the terms of the will or deed creating the trust or
appointing a guardian or authorized by law. Whenever a person is joined
with such trust company in any appointment as guardian, trustee or
administrator, his OR HER appointment may be under such limitation of
powers and upon such terms and conditions as to deposit of assets by
such person, with such trust company, or otherwise, and upon such
reduced bond or security to be given by such person, as the court,
surrogate or judge, making the appointment shall prescribe.
§ 9. Section 633 of the banking law, as added by chapter 373 of the
laws of 1942, is amended to read as follows:
§ 633. Service of notice or process during time of war. Whenever,
pursuant to the provisions of this article, any communication, notice or
other paper or process is required to be given or served by the super-
intendent upon any person and the giving or service thereof is in any
manner prohibited by the provisions of the act of congress, known as the
"Trading with the Enemy Act," or any amendment thereof, or the rules,
regulations or licenses issued pursuant thereto, or any other law, rule,
regulation or license pursuant to law prohibiting or regulating the
same, such communication, notice or other paper or process shall be
deemed to have been duly given or served on such person if given or
served on his OR HER behalf, in the manner provided in the pertinent
provisions of this article, on the [alien] NONCITIZEN property custodian
or on such other officer as may have been appointed or designated by the
president of the United States of America to take possession of the
property of [alien] NONCITIZEN enemies. This section shall apply whether
or not (1) such [alien] NONCITIZEN property custodian or other officer
shall actually have taken possession of any property of such person, or
(2) the president, or an officer duly designated by him OR HER for the
purpose, has the power to authorize or license the giving or service of
any such communication, notice or other paper or process, and nothing
herein shall require the superintendent to apply to the president or
such officer for such authority or license, provided, however, that in
any case where it appears that at the time such communication, notice or
other paper or process is required to be given or served, the president
or such officer has actually authorized or licensed the giving or
service of same in the manner provided in the pertinent provisions of
this article, then this section shall not apply and the superintendent
shall be required to give or serve such communication, notice or other
S. 9333 5
paper or process on such person in accordance with such authorization or
license.
§ 10. The opening paragraph of paragraph (b) and subparagraph (i) of
paragraph (c) of subdivision 5 of section 87 of the cannabis law are
amended to read as follows:
"Minority group member" shall mean a United States citizen or perma-
nent resident [alien] NONCITIZEN who is and can demonstrate membership
in one of the following groups:
(i) at least fifty-one percent owned by one or more United States
citizens or permanent resident [aliens] NONCITIZENS who are women;
§ 11. Subdivision (b) of section 209 of the civil practice law and
rules is amended to read as follows:
(b) Right of [alien] NONCITIZEN. Where a person is unable to commence
an action in the courts of the state because any party is [an alien] A
NONCITIZEN subject or citizen of a foreign country at war with the
United States or any of its allies, whether the cause of action accrued
during or prior to the war, the time which elapsed between the commence-
ment of the war and the termination of hostilities with such country is
not a part of the time within which the action must be commenced.
§ 12. Subdivision (d) of section 212 of the civil practice law and
rules, as added by section 150 of part B of chapter 436 of the laws of
1997, is amended to read as follows:
(d) To recover under an affidavit of support of [an alien] A NONCITI-
ZEN. An action under section one hundred twenty-two of the social
services law to recover amounts paid to or on behalf of [an alien] A
NONCITIZEN for whom an affidavit of support pursuant to section 213A of
the immigration and naturalization act has been signed.
§ 13. Section 12 of the civil rights law is amended to read as
follows:
§ 12. Rights of persons accused of crime. In all criminal prose-
cutions, the accused has a right to a speedy and public trial, by an
impartial jury, and is entitled to be informed of the nature and cause
of the accusation; to be confronted with the witnesses against him OR
HER; and to have compulsory process for obtaining witnesses in his OR
HER favor. [An alien] A NONCITIZEN is not entitled to a jury, composed
in part of [aliens] NONCITIZENS or strangers, in an action or special
proceeding civil or criminal.
§ 14. Subdivision 1 of section 45 of the civil service law, as amended
by chapter 133 of the laws of 1982, is amended to read as follows:
1. Whenever the state or any civil division or public agency shall
acquire a private institution or enterprise, for the purpose of operat-
ing it as a public function, such civil division, or public agency, as
the case may be, may continue the employment of all officers or employ-
ees thereof deemed necessary, who shall have been in the employ of such
private institution or enterprise for at least one year prior to such
acquisition. The positions so held by such employees shall be in the
non-competitive class, pending the classification or reclassification of
such positions as hereinafter directed, and such employees shall contin-
ue to be employed in similar or corresponding positions and shall have
the seniority theretofore held by them as among themselves. The state
civil service department or municipal commission having jurisdiction,
however, after notice to any such employee, of the reasons therefor, and
after according such employee a hearing, may exclude him OR HER from
further employment if found by such department or municipal commission
not to be a person of good character. Notwithstanding the provisions of
this section, no person shall be continued in employment in a position
S. 9333 6
classified in the competitive class pursuant to the provisions of this
subdivision unless he OR SHE is a citizen or [an alien] A NONCITIZEN
lawfully admitted for permanent residence in the United States.
§ 15. Section 53 of the civil service law, as added by chapter 133 of
the laws of 1982, is amended to read as follows:
§ 53. [Alienage] NONCITIZEN STATUS. Except as otherwise provided by
law, no [alien] NONCITIZEN lawfully admitted for permanent residence in
the United States shall be denied appointment to a position in the
competitive class of civil service for reasons of [alienage] NONCITIZEN
STATUS.
§ 16. Paragraph (a) of subdivision 1 of section 85 of the civil
service law, as amended by chapter 608 of the laws of 2021, is amended
to read as follows:
(a) The terms "veteran" and "non-disabled veteran" mean a member of
the armed forces of the United States who was honorably discharged or
released under honorable circumstances from such service including (i)
having a qualifying condition as defined in section three hundred fifty
of the executive law, and receiving a discharge other than bad conduct
or dishonorable from such service, or (ii) being a discharged LGBT
veteran, as defined in section three hundred fifty of the executive law,
and receiving a discharge other than bad conduct or dishonorable from
such service, who is a citizen of the United States or [an alien] A
NONCITIZEN lawfully admitted for permanent residence in the United
States and who is a resident of the state of New York at the time of
application for appointment or promotion or at the time of retention, as
the case may be.
§ 17. Section 147 of the correction law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
§ 147. [Alien] NONCITIZEN incarcerated individuals of correctional
facilities. The commissioner shall within three months after admission
of [an alien] A NONCITIZEN incarcerated individual to a correctional
facility cause an investigation to be made of the record and past histo-
ry of such [alien] NONCITIZEN and shall upon the termination of such
investigation cause the record of such [alien] NONCITIZEN, together with
all facts disclosed by such investigation, and his or her recommenda-
tions as to deportation, to be forwarded to the United States immi-
gration authorities having such matters in charge.
§ 18. Paragraph (c) of subdivision 1 of section 115-a of the domestic
relations law, as amended by chapter 79 of the laws of 1983, is amended
to read as follows:
(c) The application must be accompanied by duly authenticated documen-
tary evidence: (1) that the child is [an alien] A NONCITIZEN under the
age of sixteen and (2) that he OR SHE is an orphan because of the death
or disappearance of both parents, or because of abandonment, or
desertion by, or separation or loss from, both parents, or who has only
one parent due to the death or disappearance of, abandonment, or
desertion by, or separation or loss from the other parent, and the
remaining parent is incapable of providing care for such orphan and has
in writing irrevocably released him OR HER for emigration and adoption,
and has consented to the proposed adoption. In all cases where the
orphan has no remaining parent under the circumstances set forth above,
documentary evidence must be presented that the person, public authority
or duly constituted agency having lawful custody of the orphan at the
time of the making of the application, hereunder, has in writing irrevo-
cably released him OR HER for immigration and adoption and has consented
to the proposed adoption and (3) that the adoptive parents agree to
S. 9333 7
adopt and treat the adoptive child as their or his or her own lawful
child.
§ 19. Subdivisions 3, 4, and 5 of section 210 of the economic develop-
ment law, as added by chapter 398 of the laws of 2018, are amended to
read as follows:
3. "Minority business enterprise" shall mean any business enterprise
which is at least fifty-one per centum owned by, or in the case of a
publicly owned business at least fifty-one per centum of the stock of
which is owned by, citizens or permanent resident [aliens] NONCITIZENS
who are Black, Hispanic, Asian or American Indian, Pacific Islander or
Alaskan Native where such ownership interest is real, substantial and
continuing and where such persons have the authority to independently
control the day-to-day business decisions of the entity.
4. "Minority group member" shall mean a United States citizen or
permanent resident [alien] NONCITIZEN who is and can demonstrate member-
ship in one of the following groups:
(a) Black persons having origins in any of the Black African racial
groups not of Hispanic origin;
(b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban,
Central or South American descent of either Indian or Hispanic origin,
regardless of race;
(c) Asian and Pacific Islander persons having origins in the Far East,
Southeast Asia, the Indian sub-continent or the Pacific Islands; or
(d) American Indian or Alaskan Native persons having origins in any of
the original peoples of North America.
5. "Women-owned business enterprise" shall mean any business enter-
prise which is at least fifty-one per centum owned by, or in the case of
a publicly owned business at least fifty-one per centum of the stock of
which is owned by, citizens or permanent resident [aliens] NONCITIZENS
who are women where such ownership interest is real, substantial and
continuing and where such persons have the authority to independently
control the day-to-day business decisions of the entity.
§ 20. Subdivision 9 of section 305 of the education law is amended to
read as follows:
9. The commissioner shall procure with the consent of the federal
authorities complete lists giving the names, ages and destination within
the state of all [alien] NONCITIZEN children of school age and such
other facts as will tend to identify them, and shall deliver copies of
such lists to the several boards of education and school boards in the
respective localities within the state to which said children shall be
destined, to aid in the enforcement of the provisions of this chapter
relative to the compulsory attendance at school of children of school
age.
§ 21. Subparagraphs 8 and 10 of paragraph (h) of subdivision 2 of
section 355 of the education law, subparagraph 8 as added by chapter 327
of the laws of 2002, and subparagraph 10 as amended by section 4 of part
D of chapter 56 of the laws of 2019, are amended to read as follows:
(8) Such regulations shall further provide that the payment of tuition
and fees by any student who is not a resident of New York state, other
than a non-immigrant [alien] NONCITIZEN within the meaning of paragraph
(15) of subsection (a) of section 1101 of title 8 of the United States
Code, shall be paid at a rate or charge no greater than that imposed for
students who are residents of the state if such student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school and applied for attend-
S. 9333 8
ance at an institution or educational unit of the state university with-
in five years of receiving a New York state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state and applied for attendance at an institu-
tion or educational unit of the state university within five years of
receiving a general equivalency diploma issued within New York state; or
(iii) was enrolled in an institution or educational unit of the state
university in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized by such institution or
educational unit to pay tuition at the rate or charge imposed for
students who are residents of the state.
A student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit 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 eligi-
ble to do so.
(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, an individual who is granted U or T non-immi-
grant status pursuant to the Victims of Trafficking and Violence
Protection Act of 2000, a person granted temporary protected status
pursuant to the Federal Immigration Act of 1990, an individual of a
class of refugees paroled by the attorney general of the United States
under his or her parole authority pertaining to the admission of
[aliens] NONCITIZENS to the United States, 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 para-
graph a or subparagraph (ii) of paragraph b of subdivision five of
section six hundred sixty-one of this chapter, as applicable.
§ 22. The opening paragraph of subparagraph (ii) of paragraph (a) and
the opening paragraph of subparagraph (ii) of paragraph (b) of subdivi-
sion 5 of section 661 of the education law, the opening paragraph of
subparagraph (ii) of paragraph (a) as amended by section 2 and the open-
ing paragraph of subparagraph (ii) of paragraph (b) as amended by
section 3 of part D of chapter 56 of the laws of 2019, are amended to
read as follows:
An applicant who is not a legal resident of the state eligible pursu-
ant to subparagraph (i) of this paragraph, but is a United States citi-
zen, a permanent lawful resident, an individual who is granted U or T
non-immigrant status pursuant to the Victims of Trafficking and Violence
Protection Act of 2000, a person granted temporary protected status
pursuant to the Federal Immigration Act of 1990, an individual of a
class of refugees paroled by the attorney general of the United States
under his or her parole authority pertaining to the admission of
[aliens] NONCITIZENS to the United States, or an applicant without
lawful immigration status shall be eligible for an award at the under-
graduate level of study provided that the student:
An applicant who is not a legal resident of the state eligible pursu-
ant to subparagraph (i) of this paragraph, but is a United States citi-
zen, a permanent lawful resident, an individual who is granted U or T
non-immigrant status pursuant to the Victims of Trafficking and Violence
Protection Act of 2000, a person granted temporary protected status
S. 9333 9
pursuant to the Federal Immigration Act of 1990, an individual of a
class of refugees paroled by the attorney general of the United States
under his or her parole authority pertaining to the admission of
[aliens] NONCITIZENS to the United States, or an applicant without
lawful immigration status shall be eligible for an award at the graduate
level of study provided that the student:
§ 23. Paragraphs (b) and (c) of subdivision 2 of section 692 of the
education law, as added by section 1 of part J of chapter 57 of the laws
of 2009, are amended to read as follows:
(b) [an alien] A NONCITIZEN lawfully admitted for permanent residence
in the United States, or
(c) an individual of a class of refugees paroled by the attorney
general of the United States under his or her parole authority pertain-
ing to the admission of [aliens] NONCITIZENS to the United States.
§ 24. Subdivision 3 of section 3001 of the education law, as amended
by chapter 658 of the laws of 2002, is amended to read as follows:
3. Not a citizen. The provisions of this subdivision shall not apply,
however, to [an alien] A NONCITIZEN teacher now or hereafter employed,
provided such teacher shall make due application to become a citizen and
thereafter within the time prescribed by law shall become a citizen. The
provisions of this subdivision shall not apply, after July first, nine-
teen hundred sixty-seven, to [an alien] A NONCITIZEN teacher employed
pursuant to regulations adopted by the commissioner of education permit-
ting such employment. The citizenship requirements of this subdivision
shall not apply to [an alien] A NONCITIZEN teacher now or hereafter
employed whose immigration status is that of a lawful permanent resident
of the United States and who would otherwise be eligible to serve as a
teacher, or to apply for or receive permanent certification as a teach-
er, but for the foregoing requirements of this subdivision.
§ 25. Paragraphs (a), (a-1), and (e) of subdivision 7 of section 6206
of the education law, paragraph (a) as amended by chapter 327 of the
laws of 2002, the opening paragraph of paragraph (a) as amended by chap-
ter 437 of the laws of 2015, paragraph (a-1) as amended by chapter 260
of the laws of 2011, and paragraph (e) as amended by section 5 of Part D
of chapter 56 of the laws of 2019, are amended to read as follows:
(a) The board of trustees shall establish positions, departments,
divisions and faculties; appoint and in accordance with the provisions
of law fix salaries of instructional and non-instructional employees
therein; establish and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition shall be charged
and to regulate tuition charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units of
the city university. The trustees shall review any proposed community
college tuition increase and the justification for such increase. The
justification provided by the community college for such increase shall
include a detailed analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon need or income. All students
enrolled in programs leading to like degrees at the senior colleges
shall be charged a uniform rate of tuition, except for differential
tuition rates based on state residency. Notwithstanding any other
provision of this paragraph, the trustees may authorize the setting of a
separate category of tuition rate, that shall be greater than the
tuition rate for resident students and less than the tuition rate for
non-resident students, only for students enrolled in distance learning
S. 9333 10
courses who are not residents of the state. The trustees shall further
provide that the payment of tuition and fees by any student who is not a
resident of New York state, other than a non-immigrant [alien] NONCITI-
ZEN within the meaning of paragraph (15) of subsection (a) of section
1101 of title 8 of the United States Code, shall be paid at a rate or
charge no greater than that imposed for students who are residents of
the state if such student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school and applied for attend-
ance at an institution or educational unit of the city university within
five years of receiving a New York state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state and applied for attendance at an institu-
tion or educational unit of the city university within five years of
receiving a general equivalency diploma issued within New York state; or
(iii) was enrolled in an institution or educational unit of the city
university in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized by such institution or
educational unit to pay tuition at the rate or charge imposed for
students who are residents of the state.
A student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit 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 eligi-
ble to do so. The trustees shall not adopt changes in tuition charges
prior to the enactment of the annual budget. The board of trustees may
accept as partial reimbursement for the education of veterans of the
armed forces of the United States who are otherwise qualified such sums
as may be authorized by federal legislation to be paid for such educa-
tion. The board of trustees may conduct on a fee basis extension courses
and courses for adult education appropriate to the field of higher
education. In all courses and courses of study it may, in its
discretion, require students to pay library, laboratory, locker, break-
age and other instructional and non-instructional fees and meet the cost
of books and consumable supplies. In addition to the foregoing fees and
charges, the board of trustees may impose and collect fees and charges
for student government and other student activities and receive and
expend them as agent or trustee.
(a-1) The trustees shall further provide that the payment of tuition
and fees by any student who is not a resident of New York state, other
than a non-immigrant [alien] NONCITIZEN within the meaning of paragraph
(15) of subsection (a) of section 1101 of title 8 of the United States
Code, shall be paid at a rate or charge no greater than that imposed for
students who are residents of the state if such student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school and applied for attend-
ance at an institution or educational unit of the city university within
five years of receiving a New York state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state and applied for attendance at an institu-
tion or educational unit of the city university within five years of
receiving a general equivalency diploma issued within New York state; or
(iii) was enrolled in an institution or educational unit of the city
university in the fall semester or quarter of the two thousand one--two
S. 9333 11
thousand two academic year and was authorized by such institution or
educational unit to pay tuition at the rate or charge imposed for
students who are residents of the state.
A student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit 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 eligi-
ble to do so. Except as otherwise authorized in paragraph (a) of this
subdivision, the trustees shall not adopt changes in tuition charges
prior to the enactment of the annual budget. The board of trustees may
accept as partial reimbursement for the education of veterans of the
armed forces of the United States who are otherwise qualified such sums
as may be authorized by federal legislation to be paid for such educa-
tion. The board of trustees may conduct on a fee basis extension courses
and courses for adult education appropriate to the field of higher
education. In all courses and courses of study it may, in its
discretion, require students to pay library, laboratory, locker, break-
age and other instructional and non-instructional fees and meet the cost
of books and consumable supplies. In addition to the foregoing fees and
charges, the board of trustees may impose and collect fees and charges
for student government and other student activities and receive and
expend them as agent or trustee.
(e) 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, an individual who is granted U or T non-immi-
grant status pursuant to the Victims of Trafficking and Violence
Protection Act of 2000, a person granted temporary protected status
pursuant to the Federal Immigration Act of 1990, an individual of a
class of refugees paroled by the attorney general of the United States
under his or her parole authority pertaining to the admission of
[aliens] NONCITIZENS to the United States, 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 para-
graph a or subparagraph (ii) of paragraph b of subdivision five of
section six hundred sixty-one of this chapter, as applicable.
§ 26. The opening paragraph of subdivision 5 of section 6301 of the
education law, as amended by chapter 327 of the laws of 2002, is amended
to read as follows:
A person who has resided in the state for a period of at least one
year and in the county, city, town, intermediate school district, school
district or community college region, as the case may be, for a period
of at least six months, both immediately preceding the date of such
person's registration in a community college or, for the purposes of
section sixty-three hundred five of this article, his or her application
for a certificate of residence; provided, however, that this term shall
include any student who is not a resident of New York state, other than
a non-immigrant [alien] NONCITIZEN within the meaning of paragraph (15)
of subsection (a) of section 1101 of title 8 of the United States Code,
if such student:
§ 27. Subdivision 8-a of section 6305 of the education law, as amended
by section 6 of part D of chapter 56 of the laws of 2019, is amended to
read as follows:
S. 9333 12
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, an individual who is granted U or T non-immigrant status pursuant
to the Victims of Trafficking and Violence Protection Act of 2000, a
person granted temporary protected status pursuant to the Federal Immi-
gration Act of 1990, an individual of a class of refugees paroled by the
attorney general of the United States under his or her parole authority
pertaining to the admission of [aliens] NONCITIZENS to the United
States, or an applicant without lawful immigration status may be reduced
by state-aided programs, scholarships and other financial assistance
awarded under the provisions of articles thirteen, thirteen-A, fourteen
and fourteen-A of this chapter, provided that the student meets the
requirements set forth in subparagraph (ii) of paragraph a or subpara-
graph (ii) of paragraph b of subdivision five of section six hundred
sixty-one of this chapter, as applicable.
§ 28. The opening paragraph of subparagraph (ii) of paragraph (a) of
subdivision 2 and the opening paragraph of subparagraph (ii) of para-
graph (a) of subdivision 3 of section 6455 of the education law, the
opening paragraph of subparagraph (ii) of paragraph (a) of subdivision 2
as amended by section 7 and the opening paragraph of subparagraph (ii)
of paragraph (a) of subdivision 3 as amended by section 8 of part D of
chapter 56 of the laws of 2019, are amended to read as follows:
An applicant who is not a legal resident of New York state, but who is
a United States citizen, a permanent lawful resident, an individual who
is granted U or T non-immigrant status pursuant to the Victims of Traf-
ficking and Violence Protection Act of 2000, a person granted temporary
protected status pursuant to the Federal Immigration Act of 1990, an
individual of a class of refugees paroled by the attorney general of the
United States under his or her parole authority pertaining to the admis-
sion of [aliens] NONCITIZENS to the United States, or an applicant with-
out lawful immigration status, shall be eligible for an award at the
undergraduate level of study provided that the student:
An applicant who is not a legal resident of New York state, but either
is a United States citizen, a permanent lawful resident, an individual
who is granted U or T non-immigrant status pursuant to the Victims of
Trafficking and Violence Protection Act of 2000, a person granted tempo-
rary protected status pursuant to the Federal Immigration Act of 1990,
an individual of a class of refugees paroled by the attorney general of
the United States under his or her parole authority pertaining to the
admission of [aliens] NONCITIZENS to the United States, or an applicant
without lawful immigration status shall be eligible for an award at the
graduate level of study provided that the student:
§ 29. 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] A NONCITIZEN lawfully admitted for permanent residence in the
United States;
§ 30. 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] A NONCITIZEN 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] A NONCITIZEN physician to practice in
an area which has been designated by the department as medically under-
S. 9333 13
served, except that the board of regents may grant an additional exten-
sion not to exceed six years to [an alien] A NONCITIZEN 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 addi-
tional years, for the holder of an H-1b visa, an O-1 visa, or an equiv-
alent or successor visa thereto;
§ 31. 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] A NONCITIZEN lawfully admitted for permanent residence in the
United States;
§ 32. 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] A NONCITIZEN 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] A NONCITIZEN to practice in an area
which has been designated 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] A NONCITIZEN to enable him or her
to secure citizenship or permanent resident status, provided such status
is being actively pursued;
§ 33. 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] A NONCITIZEN
lawfully admitted for permanent residence in the United States;
provided, however, that the department may grant a three year waiver for
[an alien] A NONCITIZEN who otherwise meets all other requirements for a
restricted dental faculty license except that the department may grant
an additional extension not to exceed six years to [an alien] A NONCITI-
ZEN to enable him or her to secure citizenship or permanent resident
status, provided such status is being actively pursued. No current
faculty member shall be displaced by the holder of a restricted dental
faculty license.
§ 34. 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] A NONCITIZEN 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] A NONCITIZEN to practice in an area
which has been designated 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] A NONCITIZEN to enable him or her
to secure citizenship or permanent resident status, provided such status
is being actively pursued;
§ 35. 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] A NONCITIZEN 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
S. 9333 14
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;
§ 36. 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] A NONCITIZEN 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;
§ 37. 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] A NONCITIZEN lawfully admitted for permanent residence in the
United States;
§ 38. 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] A NONCITIZEN lawfully admitted for permanent residence in the
United States.
§ 39. 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] A NONCITIZEN lawfully admitted for permanent residence in the
United States;
§ 40. Paragraph 6 of subdivision 1 of section 7206-a of the education
law, as amended by chapter 322 of the laws of 2019, is amended to read
as follows:
(6) Citizenship or immigration status: be a United States citizen or
[an alien] A NONCITIZEN lawfully admitted for permanent residence in the
United States;
§ 41. 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] A NONCITIZEN lawfully admitted for permanent residence in the
United States;
§ 42. 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] A NONCITIZEN lawfully admitted for permanent residence in the
United States;
§ 43. 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] A NONCITIZEN lawfully admitted for permanent residence in the
United States;
§ 44. Paragraph a of subdivision 1 of section 52-0113 of the environ-
mental conservation law, as added by chapter 512 of the laws of 1986, is
amended to read as follows:
S. 9333 15
a. In the performance of projects pursuant to this article minority
and women-owned business enterprises shall be given the opportunity for
meaningful participation. The department or the office shall establish
measures and procedures to secure meaningful participation and identify
those contracts and items of work for which minority and women-owned
business enterprises may best bid to actively and affirmatively promote
and assist their participation in the projects, so as to facilitate the
award of a fair share of contracts to such enterprises; provided, howev-
er, that nothing in this article shall be construed to limit the ability
of the department or office to assure that qualified minority and
women-owned business enterprises may participate in the program. For
purposes hereof, minority business enterprise shall mean any business
enterprise which is at least fifty-one per centum owned by, or in the
case of a publicly owned business, at least fifty-one per centum of the
stock of which is owned by citizens or permanent resident [aliens]
NONCITIZENS who are Black, Hispanic, Asian or American Indian, Pacific
Islander or Alaskan natives and such ownership interest is real,
substantial and continuing and have the authority to independently
control the day to day business decisions of the entity for at least one
year; and women-owned business enterprise shall mean any business enter-
prise which is at least fifty-one per centum owned by, or in the case of
a publicly owned business, at least fifty-one per centum of the stock of
which is owned by citizens or permanent resident [aliens] NONCITIZENS
who are women, and such ownership interest is real, substantial and
continuing and have the authority to independently control the day to
day business decisions of the entity for at least one year.
§ 45. 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, or [aliens] NONCITIZENS lawfully admitted for
permanent residence in the United States, as he OR SHE shall deem proper
and who shall produce to him satisfactory evidence of their good charac-
ter, a license authorizing such person to carry on the business of a
collateral loan broker, which license shall designate the house in which
such person shall carry on said business, and no person, corporation,
partnership or firm shall carry on the business of a collateral loan
broker without being duly licensed, nor in any other house than the one
designated in said license, under a penalty of one hundred dollars for
each day he 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 sure-
ties, in the penal sum of ten thousand dollars, to be approved by such
mayor or local licensing authority, which bond shall be conditioned for
S. 9333 16
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.
§ 46. Paragraph d of subdivision 4 of section 184-a of the general
business law, as amended by chapter 632 of the laws of 1975, is amended
to read as follows:
d. Employer's cancellation fee. The agency shall be entitled to a fee
from the employer not exceeding twenty-five dollars if the employer
cancels his job order before the acceptance of the job offer by the
employee. If the cancellation occurs after such acceptance and before
certification for [alien] NONCITIZEN employment by the appropriate
governmental agency, the fee shall not exceed fifty dollars. If the
cancellation occurs after such acceptance and after such certification,
the fee shall not exceed seventy-five dollars. No cancellation fee,
however, shall be payable if within a reasonable time after the employer
placed his OR HER job order the agency failed to make reasonable efforts
to supply a job applicant to the employer.
§ 47. 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 citi-
zen of the United States or [an alien] A NONCITIZEN lawfully admitted
for permanent residence in the United States.
This license shall be revocable only for cause.
§ 48. Section 253 of the judiciary law is amended to read as follows:
§ 253. Clerk's fees upon naturalization. The clerk of any court,
which has jurisdiction to naturalize [an alien] A NONCITIZEN, is enti-
tled, for the services specified in this section, to the following fees:
For all services, upon the filing of a declaration of intention by [an
alien] A NONCITIZEN to become a citizen, including the oath or affirma-
tion, the recording of the same, and a certificate thereof delivered to
the [alien] NONCITIZEN, twenty cents.
For all services, upon the admission of the [alien] NONCITIZEN to be a
citizen, including the recording of the papers, and a certified copy of
the record, which must be delivered to any person requiring it, fifty
cents.
§ 49. 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] NONCITIZEN STATUS or sex shall constitute no cause for refus-
ing any person examination or admission to practice.
§ 50. Subdivision 10 of section 21 of the labor law, as amended by
chapter 756 of the laws of 1975, is amended to read as follows:
10. May investigate the condition of [aliens] NONCITIZENS relative to
their employment in industry;
§ 51. Subdivision 9 of section 590 of the labor law, as added by chap-
ter 675 of the laws of 1977, paragraph (a) as amended by chapter 589 of
S. 9333 17
the laws of 1998, paragraph (d) as added by section 11 of part O of
chapter 57 of the laws of 2013, is amended to read as follows:
9. Benefits based on employment performed by [illegal aliens] UNDOCU-
MENTED NONCITIZENS. (a) Remuneration received by a claimant who was [an
alien] A NONCITIZEN at the time such remuneration was paid shall not be
taken into consideration for the purpose of establishing rights to bene-
fits under this article unless the claimant was then lawfully admitted
for permanent residence in the United States, was then lawfully present
for purposes of performing such services or was then permanently resid-
ing in the United States under color of law, including a claimant
lawfully present pursuant to section 207 or 208 of the federal immi-
gration and nationality act.
(b) A determination that benefits are not payable to a claimant
because of the claimant's [alien] NONCITIZEN status shall be made only
upon a preponderance of the evidence, and shall be effective only if it
is in conformity with section 3304 (a) (14) of the federal unemployment
tax act.
(c) Any data or information required of a claimant to determine wheth-
er benefits are not payable to [him] SUCH CLAIMANT because of [his
alien] NONCITIZEN status shall be uniformly required from all claimants.
(d) [An alien] A NONCITIZEN who is not eligible under 8 USC 1621(a)
shall be eligible for benefits, provided such [alien] NONCITIZEN is
eligible for benefits under the provisions of this article and section
3304 (a) (14) of the federal unemployment tax act.
§ 52. Section 67.01 of the mental hygiene law is amended to read as
follows:
§ 67.01 Report of [aliens] NONCITIZENS.
The commissioner shall report to appropriate federal authorities all
[alien] NONCITIZEN mentally disabled persons in department facilities.
§ 53. Paragraph i of subdivision 4 of section 3.23 of the parks,
recreation and historic preservation law, as amended by chapter 717 of
the laws of 1988, is amended to read as follows:
i. A corps member must be a citizen or lawful permanent resident or
lawfully admitted [alien] NONCITIZEN;
§ 54. Subdivisions 1 and 7 of section 400.00 of the penal law, subdi-
vision 1 as amended by chapter 1 of the laws of 2013, paragraph (c) of
subdivision 1 as amended by chapter 60 of the laws of 2018, are amended
to read as follows:
1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then only after investi-
gation and finding that all statements in a proper application for a
license are true. No license shall be issued or renewed except for an
applicant (a) twenty-one years of age or older, provided, however, that
where such applicant has been honorably discharged from the United
States army, navy, marine corps, air force or coast guard, or the
national guard of the state of New York, no such age restriction shall
apply; (b) of good moral character; (c) who has not been convicted
anywhere of a felony or a serious offense or who is not the subject of
an outstanding warrant of arrest issued upon the alleged commission of a
felony or serious offense; (d) who is not a fugitive from justice; (e)
who is not an unlawful user of or addicted to any controlled substance
as defined in section 21 U.S.C. 802; (f) who being [an alien] A NONCITI-
ZEN (i) is not illegally or unlawfully in the United States or (ii) has
not been admitted to the United States under a nonimmigrant visa subject
to the exception in 18 U.S.C. 922(y)(2); (g) who has not been discharged
from the Armed Forces under dishonorable conditions; (h) who, having
S. 9333 18
been a citizen of the United States, has not renounced his or her citi-
zenship; (i) who has stated whether he or she has ever suffered any
mental illness; (j) who has not been involuntarily committed to a facil-
ity under the jurisdiction of an office of the department of mental
hygiene pursuant to article nine or fifteen of the mental hygiene law,
article seven hundred thirty or section 330.20 of the criminal procedure
law, section four hundred two or five hundred eight of the correction
law, section 322.2 or 353.4 of the family court act, or has not been
civilly confined in a secure treatment facility pursuant to article ten
of the mental hygiene law; (k) who has not had a license revoked or who
is not under a suspension or ineligibility order issued pursuant to the
provisions of section 530.14 of the criminal procedure law or section
eight hundred forty-two-a of the family court act; (l) in the county of
Westchester, who has successfully completed a firearms safety course and
test as evidenced by a certificate of completion issued in his or her
name and endorsed and affirmed under the penalties of perjury by a duly
authorized instructor, except that: (i) persons who are honorably
discharged from the United States army, navy, marine corps or coast
guard, or of the national guard of the state of New York, and produce
evidence of official qualification in firearms during the term of
service are not required to have completed those hours of a firearms
safety course pertaining to the safe use, carrying, possession, mainte-
nance and storage of a firearm; and (ii) persons who were licensed to
possess a pistol or revolver prior to the effective date of this para-
graph are not required to have completed a firearms safety course and
test; (m) who has not had a guardian appointed for him or her pursuant
to any provision of state law, based on a determination that as a result
of marked subnormal intelligence, mental illness, incapacity, condition
or disease, he or she lacks the mental capacity to contract or manage
his or her own affairs; and (n) concerning whom no good cause exists for
the denial of the license. No person shall engage in the business of
gunsmith or dealer in firearms unless licensed pursuant to this section.
An applicant to engage in such business shall also be a citizen of the
United States, more than twenty-one years of age and maintain a place of
business in the city or county where the license is issued. For such
business, if the applicant is a firm or partnership, each member thereof
shall comply with all of the requirements set forth in this subdivision
and if the applicant is a corporation, each officer thereof shall so
comply.
7. License: form. Any license issued pursuant to this section shall,
except in the city of New York, be approved as to form by the super-
intendent of state police. A license to carry or possess a pistol or
revolver shall have attached the licensee's photograph, and a coupon
which shall be removed and retained by any person disposing of a firearm
to the licensee. Such license shall specify the weapon covered by cali-
bre, make, model, manufacturer's name and serial number, or if none, by
any other distinguishing number or identification mark, and shall indi-
cate whether issued to carry on the person or possess on the premises,
and if on the premises shall also specify the place where the licensee
shall possess the same. If such license is issued to [an alien] A
NONCITIZEN, or to a person not a citizen of and usually a resident in
the state, the licensing officer shall state in the license the partic-
ular reason for the issuance and the names of the persons certifying to
the good character of the applicant. Any license as gunsmith or dealer
in firearms shall mention and describe the premises for which it is
issued and shall be valid only for such premises.
S. 9333 19
§ 55. Subdivision 3 of section 1020-v of the public authorities law,
as added by chapter 517 of the laws of 1986, is amended to read as
follows:
3. In the performance of projects pursuant to this title, minority and
women-owned business enterprises shall be given the opportunity for
meaningful participation. The authority shall establish quantifiable
standards and measures and procedures to secure meaningful participation
and identify those contracts and items of work for which minority and
women-owned business enterprises may best bid to actively and affirma-
tively promote and assist their participation in projects, so as to
facilitate the award of a fair share of contracts to such enterprises;
provided, however, that nothing in this title shall be construed to
limit the ability of the authority to assure that [qualifed] QUALIFIED
minority and women-owned business enterprises may participate in the
program. For purposes hereof, minority business enterprise shall mean
any business enterprise which is at least fifty-one per centum owned by,
or in the case of a publicly owned business, at least fifty-one per
centum of the stock or other voting interest is owned by citizens or
permanent resident [aliens] NONCITIZENS who are Black, Hispanic, Asian,
American Indian, Pacific islander, or Alaskan native, and such ownership
interest is real, substantial and continuing and has the authority to
independently control the day to day business decisions of the entity
for at least one year; and women-owned business enterprise shall mean
any business enterprise which is at least fifty-one per centum owned by,
or in the case of a publicly owned business, at least fifty-one per
centum of the stock to other voting interests of which is owned by citi-
zens or permanent resident [aliens] NONCITIZENS who are women, and such
ownership interest is real, substantial and continuing and has the
authority to independently control the day to day business decisions of
the entity for at least one year.
The provisions of this subdivision shall not be construed to limit the
ability of any minority business enterprise to bid on any contract.
§ 56. Subdivision 3 of section 1045-x of the public authorities law,
as added by chapter 513 of the laws of 1984, is amended to read as
follows:
3. Any contracting agency empowered to award contracts for design,
construction, services or materials shall seek meaningful participation
in the performance of contracts by minority business enterprises and
shall establish measures and procedures to identify those contracts and
items of work for which minority business enterprises may best bid to
actively and affirmatively promote and assist their participation so as
to facilitate the award of a fair share of contracts to such enter-
prises. For purposes hereof, "minority business enterprise" shall mean
any business enterprise which is at least fifty-one per centum owned by,
or in the case of a publicly owned business, at least fifty-one per
centum of the stock of which is owned by citizens or permanent resident
[aliens] NONCITIZENS who are Black, Hispanic, Asian, American Indian or
women, and such ownership interest is real, substantial and continuing.
The provisions of this subdivision shall not be construed to limit the
ability of any minority business enterprise to bid on any contract.
§ 57. Subdivision 3 of section 1048-x of the public authorities law,
as added by chapter 796 of the laws of 1985, is amended to read as
follows:
3. Any contracting agency empowered to award contracts for design,
construction, services or materials shall seek meaningful participation
in the performance of contracts by minority business enterprises and
S. 9333 20
shall establish measures and procedures to identify those contracts and
items of work for which minority business enterprises may best bid to
actively and affirmatively promote and assist their participation so as
to facilitate the award of a fair share of contracts to such enter-
prises. For purposes hereof, "minority business enterprise" shall mean
any business enterprise which is at least fifty-one per centum owned by,
or in the case of a publicly owned business, at least fifty-one per
centum of the stock of which is owned by citizens or permanent resident
[aliens] NONCITIZENS who are Black, Hispanic, Asian, American Indian or
women, and such ownership interest is real, substantial and continuing.
The provisions of this subdivision shall not be construed to limit the
ability of any minority business enterprise to bid on any contract.
§ 58. Subdivision 3 of section 1115-x of the public authorities law,
as added by chapter 868 of the laws of 1986, is amended to read as
follows:
3. Any contracting agency empowered to award contracts for design,
construction, services or materials shall seek meaningful participation
in the performance of contracts by minority business enterprises and
shall establish measures and procedures to identify those contracts and
items of work for which minority business enterprises may best bid to
actively and affirmatively promote and assist their participation so as
to facilitate the award of a fair share of contracts to such enter-
prises. For purposes hereof, "minority business enterprise" shall mean
any business enterprise which is at least fifty-one per centum owned by,
or in the case of a publicly owned business, at least fifty-one per
centum of the stock of which is owned by citizens or permanent resident
[aliens] NONCITIZENS who are Black, Hispanic, Asian, American Indian or
women, and such ownership interest is real, substantial and continuing.
The provisions of this subdivision shall not be construed to limit the
ability of any minority business enterprise to bid on any contract.
§ 59. Subdivision 3 of section 1197-q of the public authorities law,
as added by chapter 795 of the laws of 1985, is amended to read as
follows:
3. The authority shall seek meaningful participation in the perform-
ance of contracts by minority business enterprises and shall establish
measures and procedures to identify those contracts and items of work
for which minority business enterprises may best bid to actively and
affirmatively promote and assist their participation so as to facilitate
the award of a fair share of contracts to such enterprises. For purposes
hereof, "minority business enterprise" shall mean any business enter-
prise which is at least fifty-one per centum owned by, or in the case of
a publicly owned business, at least fifty-one per centum of the stock of
which is owned by citizens or permanent resident [aliens] NONCITIZENS
who are Black, Hispanic, Asian, American Indian or women, and such
ownership interest is real, substantial and continuing. The provisions
of this subdivision shall not be construed to limit the ability of any
minority business enterprise to bid on any contract.
§ 60. Subdivision 3 of section 1199-v of the public authorities law,
as added by chapter 723 of the laws of 1986, is amended to read as
follows:
3. Any contracting agency empowered to award contracts for design,
construction, services or materials shall seek meaningful participation
in the performance of contracts by minority business enterprises and
shall establish measures and procedures to identify those contracts and
items of work for which minority business enterprises may best bid to
actively and affirmatively promote and assist their participation so as
S. 9333 21
to facilitate the award of a fair share of contracts to such enter-
prises. For purposes hereof, "minority business enterprise" shall mean
any business enterprise which is at least fifty-one per centum owned by,
or in the case of a publicly owned business, at least fifty-one per
centum of the stock of which is owned by citizens or permanent resident
[aliens] NONCITIZENS who are Black, Hispanic, Asian, American Indian or
women, and such ownership interest is real, substantial and continuing.
The provisions of this subdivision shall not be construed to limit the
ability of any minority business enterprise to bid on any contract.
§ 61. Subparagraph (i) of paragraph (a) of subdivision 14 of section
1266-c of the public authorities law, as added by chapter 929 of the
laws of 1986, is amended to read as follows:
(i) In the performance of projects pursuant to this title minority and
women-owned business enterprises shall be given the opportunity for
meaningful participation. The authority provided for in this title shall
establish measures and procedures to secure meaningful participation and
identify those contracts and items of work for which minority and
women-owned business enterprises may best bid to actively and affirma-
tively promote and assist their participation in the projects, so as to
facilitate the award of a fair share of contracts to such enterprises;
provided, however, that nothing in this title shall be construed to
limit the ability of the authority to assure that qualified minority and
women-owned business enterprises may participate in the program. For
purposes hereof, minority business enterprise shall mean any business
enterprise which is at least fifty-one per centum owned by, or in the
case of a publicly owned business, at least fifty-one per centum of the
stock of which is owned by citizens or permanent resident [aliens]
NONCITIZENS who are Black, Hispanic, Asian or American Indian, Pacific
Islander or Alaskan natives and such ownership interest is real,
substantial and continuing and have the authority to independently
control the day to day business decisions of the entity for at least one
year; and women-owned business enterprise shall mean any business enter-
prise which is at least fifty-one per centum owned by, or in the case of
a publicly owned business, at least fifty-one per centum of the stock of
which is owned by citizens or permanent resident [aliens] NONCITIZENS
who are women, and such ownership interest is real, substantial and
continuing and have the authority to independently control the day to
day business decisions of the entity for at least one year.
The provisions of this paragraph shall not be construed to limit the
ability of any minority or women-owned business enterprise to bid on any
contract.
§ 62. Section 1974-d of the public authorities law, as added by chap-
ter 32 of the laws of 1986, is amended to read as follows:
§ 1974-d. Contracts. In connection with development, construction,
operations and maintenance contracts for projects of the authority,
minority and women-owned business enterprises and minority group members
and women shall be given the opportunity for meaningful participation.
The authority shall establish measures and procedures to secure meaning-
ful participation by minority and women-owned business enterprises on
contracts for projects of the authority. Such measures and procedures
shall also promote the employment of minority group members and women on
such contracts. For the purposes thereof, "minority business enterprise"
shall mean any business enterprise which is at least fifty-one per
centum owned by, or in the case of a publicly owned business, at least
fifty-one per centum of the stock of which is owned by citizens or
permanent resident [aliens] NONCITIZENS who are Black, Hispanic, Asian
S. 9333 22
or American Indian, and such ownership interest is real, substantial and
continuing and "women-owned business enterprise" shall mean any business
enterprise which is at least fifty-one per centum owned by, or in the
case of a publicly owned business, at least fifty-one percent of the
stock of which is owned by citizens or permanent resident [aliens]
NONCITIZENS who are women and such ownership interest is real, substan-
tial and continuing. The provisions of this section shall not be
construed to limit the ability of any minority or women-owned business
enterprise to bid on any contract. In order to implement the require-
ments and objectives of this section in connection with such projects,
the authority shall be responsible for monitoring compliance with the
provisions hereof, providing advice on the availability of competitive
qualified minority and women-owned business enterprises to perform
contracts proposed to be awarded, and making recommendations to improve
the access of minority and women-owned business enterprises to these
contracts.
§ 63. Subdivision 3 of section 2050-v of the public authorities law,
as amended by chapter 174 of the laws of 1987, is amended to read as
follows:
3. The agency in awarding contracts for design, construction, services
or materials, shall seek meaningful participation in the performance of
contracts by minority business enterprises and shall establish measures
and procedures to identify those contracts and items of work for which
minority business enterprises may best bid to actively and affirmatively
promote and assist their participation so as to facilitate the award of
a fair share of contracts to such enterprises. For purposes hereof,
"minority business enterprise" shall mean any business enterprise which
is at least fifty-one per centum owned by, or in the case of a publicly
owned business, at least fifty-one per centum of the stock of which is
owned by citizens or permanent resident [aliens] NONCITIZENS who are
Black, Hispanic, Asian, American Indian or women, and such ownership
interest is real, substantial and continuing. The provisions of this
subdivision shall not be construed to limit the ability of any minority
business enterprise to bid on any contract.
§ 64. Subdivision 4 of section 2799-gggg of the public authorities
law, as added by chapter 383 of the laws of 2019, is amended to read as
follows:
4. The corporation shall seek meaningful participation by minority
business enterprises in the programs of the corporation and shall
actively and affirmatively promote and assist their participation in the
corporation's programs, so as to facilitate the award of a fair share of
contracts to such enterprises. For purposes hereof, "minority business
enterprise" shall mean any business enterprise which is at least fifty-
one per centum owned by, or in the case of publicly owned business, at
least fifty-one per centum of the stock of which is owned by, citizens
or permanent resident [aliens] NONCITIZENS who are Black, Hispanic,
Asian, American Indian or women, and such ownership interest is real,
substantial and continuing.
§ 65. Paragraph (d) and subparagraph (i) of paragraph (e) of subdivi-
sion 3 of section 2879 of the public authorities law, as amended by
chapter 564 of the laws of 1988, are amended to read as follows:
(d) For the purposes of this section, a minority group member means a
United States citizen or permanent resident [alien] NONCITIZEN who is
and can demonstrate membership in one of the following groups:
(i) Black persons having origins in any of the Black African racial
groups not of Hispanic origin;
S. 9333 23
(ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban,
Central or South American of either Indian or Hispanic origin, regard-
less of race;
(iii) Asian and Pacific Islander persons having origins in any of the
Far East, Southeast Asia, the Indian sub-continent or the Pacific
Islands; or
(iv) Native American persons having origins in any of the original
peoples of North America.
(i) at least fifty-one percent owned by one or more United States
citizens or permanent resident [aliens] NONCITIZENS who are women or in
the case of a publicly-owned business at least fifty-one percent of the
common stock or other voting interests of which is owned by United
States citizens or permanent resident [aliens] NONCITIZENS who are
women;
§ 66. Paragraph (d) of subdivision 10 of section 268-a of the public
health law, as added by section 2 of part T of chapter 57 of the laws of
2019, is amended to read as follows:
(d) is, and is reasonably expected to be, for the entire period for
which enrollment is sought, a citizen or national of the United States
or [an alien] A NONCITIZEN lawfully present in the United States.
§ 67. 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] A NONCITIZEN
lawfully admitted for permanent residence in the United States;
§ 68. Subdivision 2 of section 10 of the real property law, as amended
by chapter 272 of the laws of 1944, is amended to read as follows:
2. [Aliens] NONCITIZENS are empowered to take, hold, transmit, and
dispose of real property within this state in the same manner as
native-born citizens and their heirs and devisees take in the same
manner as citizens.
§ 69. Section 15 of the real property law is amended to read as
follows:
§ 15. Title through [alien] NONCITIZEN. The right, title or interest
in or to real property in this state now held or hereafter acquired by
any person entitled to hold the same can not be questioned or impeached
by reason of the [alienage] NONCITIZEN STATUS of any person through whom
such title may have been derived. Nothing in this section affects or
impairs the right of any heir, devisee, mortgagee, or creditor by judg-
ment or otherwise.
§ 70. Section 16 of the real property law is amended to read as
follows:
§ 16. Liabilities of [alien] NONCITIZEN holders of real property.
Every [alien] NONCITIZEN holding real property in this state is subject
to duties, assessments, taxes and burdens as if [he] SUCH NONCITIZEN
were a citizen of the state.
§ 71. Paragraph (g) of subdivision 1 of section 321 of the real prop-
erty law, as added by chapter 873 of the laws of 1948, is amended to
read as follows:
(g) If the mortgage is stated in the certificate of discharge to have
been taken by the [alien] NONCITIZEN property custodian under and pursu-
ant to the trading with the enemy act adopted by the United States
congress, and approved October sixth, nineteen hundred sixteen, or any
act amendatory thereof, or supplemental thereto, such certificate may be
executed by such [alien] NONCITIZEN property custodian or such person as
the president may appoint to give full acquittance and discharge for
S. 9333 24
money or property belonging to an enemy or ally of an enemy which may be
conveyed, assigned, delivered or transferred to said [alien] NONCITIZEN
property custodian, with like effect as if the same had been executed by
the mortgagee, [his] OR THE personal representative or assignee OF SUCH
MORTGAGEE. Such certificate may be recorded, and such certificate, the
record thereof and a certified copy of such record may be introduced in
evidence in all courts of this state.
§ 72. Section 336 of the real property law, as added by chapter 435 of
the laws of 1921, is amended to read as follows:
§ 336. Effect of recording demands or requirements of [alien] NONCITI-
ZEN property custodian. The recording in any county clerk's or regis-
ter's office of a demand or requirement against real property described
therein, made by or on behalf of the [alien] NONCITIZEN property custo-
dian under and pursuant to the trading with the enemy act adopted by the
United States congress and approved October sixth, nineteen hundred and
seventeen, or any act amendatory thereof or supplemental thereto, or any
executive order or proclamation issued in pursuance thereof, when duly
indexed against the name of the person or corporation whose property has
thereby been demanded or required, shall have the same force and effect
as the making of, delivery and recording of a deed of such real property
or interest therein by such person or corporation to said [alien]
NONCITIZEN property custodian. All recitals contained in any such demand
or requirement, and in any deed made by such custodian heretofore or
hereafter recorded of all facts required or permitted by said acts,
proclamations or executive orders to be found or determined by said
[alien] NONCITIZEN property custodian, and all recitals of conclusions
or determinations by said acts, proclamations or executive orders
authorized to be made by [him] SUCH INDIVIDUAL, and all recitals of acts
or things done by said custodian or [his] agents THEREOF in respect to
the seizure of said property shall be evidence of the facts, conclu-
sions, determinations, acts and things so recited in any court of this
state in any action or proceeding affecting the title to or ownership of
such real property. Three months after this section takes effect and the
recording of the instrument containing such recitals, the same shall
become conclusive evidence of all such facts, conclusions, determi-
nations, acts and things as are so recited therein in any action in any
court affecting the title to or ownership of said land, unless said
action shall have been commenced before the expiration of such three
months.
§ 73. The opening paragraph of subdivision 5 of section 176 of the
retirement and social security law, as added by chapter 171 of the laws
of 2010, is amended to read as follows:
The term "minority group member" shall mean a United States citizen or
permanent resident [alien] NONCITIZEN who is and can demonstrate member-
ship in one of the following groups:
§ 74. Subparagraph (ii) of paragraph (a) and paragraph (e) of subdivi-
sion 3 of section 307 of the surrogate's court procedure act, as amended
by chapter 355 of the laws of 2000, are amended to read as follows:
(ii) where a person is alleged to be within a country with which the
United States of America is at war or a place with which the United
States of America does not maintain postal communication, the court may
direct that a copy of the process shall be mailed on behalf of such
person to the officer who may have been appointed to take possession of
the property of [alien] NONCITIZEN enemies, or
(e) if the interest of a non-domiciliary [alien] NONCITIZEN in the
estate is less than $2,500 or his OR HER address is unknown or such
S. 9333 25
estate's gross assets are less than $25,000, by delivery of a copy of
the process to a consular official of the [alien's] NONCITIZEN'S nation.
§ 75. Subdivision 5 of section 401 of the surrogate's court procedure
act is amended to read as follows:
5. Termination of appearance of consul. When a consular official shall
have appeared in behalf of [an alien] A NONCITIZEN, a subsequent appear-
ance by the attorney in fact of the [alien] NONCITIZEN pursuant to
recorded power of attorney or appearance by an authorized attorney shall
terminate the appearance of the consul.
§ 76. Paragraph (c) of subdivision 1 of section 707 of the surrogate's
court procedure act, as amended by chapter 469 of the laws of 1995, is
amended to read as follows:
(c) a non-domiciliary [alien] NONCITIZEN except one who is a foreign
guardian as provided in subdivision four of section one thousand seven
hundred sixteen of this chapter, or one who shall serve with one or more
co-fiduciaries, at least one of whom is resident in this state. Any
appointment of a non-domiciliary [alien] NONCITIZEN fiduciary or a New
York resident fiduciary hereunder shall be made by the court in its
discretion
§ 77. Section 1119 of the surrogate's court procedure act is amended
to read as follows:
§ 1119. Notice to consuls
When the estate is that of [an alien] A NONCITIZEN it shall be the
duty of the public administrator when making application for letters to
mail a notice to the consular representative of the nation of which the
decedent was a citizen or subject if any there be in the city of New
York.
§ 78. Section 1120 of the surrogate's court procedure act, subdivision
1 as amended by chapter 259 of the laws of 1968, subdivision 3 as
amended by chapter 355 of the laws of 2000, and subdivision 4 as amended
by chapter 115 of the laws of 1981, is amended to read as follows:
§ 1120. Appearance by consuls
1. In any action or proceeding brought by or against a public adminis-
trator in which a non-domiciliary [alien] NONCITIZEN is a necessary or
proper party the consular representative of the country of which the
[alien] NONCITIZEN is a citizen or subject may appear in person or by
attorney in behalf of the [alien] NONCITIZEN if the latter shall default
in appearance.
2. No power of attorney or other specific authority from the [alien]
NONCITIZEN shall be required as a condition to such appearance.
3. Service upon [an alien] A NONCITIZEN pursuant to 307, subdivision
3, paragraph (e) may be made without prior service of process personally
or otherwise upon the [alien] NONCITIZEN.
4. The interests of [alien] NONCITIZEN persons under disability shall,
however, be represented in all such proceedings by their guardians of
the property, committee of the property or conservators of the property,
or by guardians ad litem appointed by the court.
§ 79. Section 1415 of the surrogate's court procedure act is amended
to read as follows:
§ 1415. Supplementary letters, executors not named in letters not to act
If the disability of an infant or [an alien] A NONCITIZEN named as an
executor in a will be removed before the administration of the estate is
completed he shall be entitled on petition showing the facts to supple-
mentary letters testamentary to be issued in the same manner as the
original letters to join in the completion of the administration of the
estate with the person or persons previously appointed. A person named
S. 9333 26
in a will as executor shall be deemed to be superseded by the issue to
another person of letters testamentary and shall have no power or
authority as executor until he OR SHE appears and qualifies and letters
testamentary are issued to him OR HER.
§ 80. Paragraph (a) of subdivision 1 and subdivision 3 of section 2218
of the surrogate's court procedure act, as amended by chapter 998 of the
laws of 1968, are amended to read as follows:
(a) Where it shall appear that [an alien] A NONCITIZEN legatee,
distributee or beneficiary is domiciled or resident within a country to
which checks or warrants drawn against funds of the United States may
not be transmitted by reason of any executive order, regulation or simi-
lar determination of the United States government or any department or
agency thereof, the court shall direct that the money or property to
which such [alien] NONCITIZEN would otherwise be entitled shall be paid
into court for the benefit of said [alien] NONCITIZEN or the person or
persons who thereafter may appear to be entitled thereto. The money or
property so paid into court shall be paid out only upon order of the
surrogate or pursuant to the order or judgment of a court of competent
jurisdiction.
3. In any such proceeding where it is uncertain that [an alien] A
NONCITIZEN beneficiary or fiduciary not residing within the United
States, the District of Columbia, the Commonwealth of Puerto Rico or a
territory or possession of the United States would have the benefit or
use or control of the money or property due him the burden of proving
that the [alien] NONCITIZEN beneficiary will receive the benefit or use
or control of the money or property due him OR HER shall be upon him OR
HER or the person claiming from, through or under him OR HER.
§ 81. Paragraph (a) of subdivision 3 of section 117 of the social
services law, as amended by chapter 214 of the laws of 1998, is amended
to read as follows:
(a) Notwithstanding any other provision of law, no public assistance
benefits shall be paid to or for any person who is not a resident of the
state as provided in this article, except that assistance shall be
provided to a person who is otherwise eligible during the first twelve
months in the state at a rate not exceeding the higher of fifty percent
of the amount otherwise payable or the standard of need applicable to
the person under the laws of the state, if any, in which he or she
resided immediately prior to arrival in this state, but under no circum-
stances may such allowances exceed the amounts payable to a resident
under this chapter; and no assistance shall be provided for any [alien]
NONCITIZEN during the first twelve months such person resides in the
United States, except as set forth in paragraph (b) of this subdivision
and except persons domiciled in the state on the effective date of this
section, and except as otherwise required by federal law. For purposes
of this section, the standard of payment applicable in another state
shall refer to a schedule of comparative grants to be promulgated bien-
nially, setting forth the amount of that state's maximum standard of
payment with respect to each such program, if any, for each household
size for any state which financially participates in or mandates a
program under title IV-A of the federal social security act or a general
assistance or disability assistance program.
§ 82. Section 122 of the social services law, as added by section 7 of
part B of chapter 436 of the laws of 1997, subdivisions 1 and 4 as
amended by chapter 214 of the laws of 1998, subparagraph (v) of para-
graph (a) of subdivision 1 as amended by chapter 490 of the laws of
2019, the opening paragraph of paragraph (c) of subdivision 1 as amended
S. 9333 27
by chapter 672 of the laws of 2019, and subdivision 6 as amended by
chapter 16 of the laws of 2002, is amended to read as follows:
§ 122. [Aliens] NONCITIZENS. 1. Notwithstanding any law to the contra-
ry, no person except a citizen or [an alien] A NONCITIZEN who has been
duly naturalized as a citizen shall be eligible for additional state
payments for aged, blind and disabled persons, family assistance, safety
net assistance, services funded under title XX of the federal social
security act, or medical assistance, subject to the following
exceptions:
(a) The following persons shall, if otherwise eligible, receive bene-
fits under such programs:
(i) a refugee who entered the United States within the previous five
years with respect to benefits under the temporary assistance to needy
families block grant program and the safety net assistance program and
within the previous seven years with respect to medical assistance;
(ii) an asylee who was granted asylum within the previous five years
with respect to benefits under the temporary assistance to needy fami-
lies block grant program and the safety net assistance program and with-
in the previous seven years with respect to medical assistance;
(iii) a person for whom deportation was withheld within the previous
five years with respect to benefits under the temporary assistance to
needy families block grant program and the safety net assistance program
and within the previous seven years with respect to medical assistance;
(iv) except as otherwise required by federal law, a person lawfully
admitted for permanent residence who has worked for or can be credited
with forty qualifying quarters as defined under title II of the federal
Social Security Act, exclusive of any quarter after the thirty-first day
of December, nineteen hundred ninety-six in which such person or such
person's parent or spouse received any federal means tested assistance;
(v) any [alien] NONCITIZEN lawfully residing in the state who is on
active duty in the armed forces (other than active duty for training) or
who (1) has received an honorable discharge (and not on account of
[alienage] NONCITIZEN STATUS) from the armed forces, or (2) has a quali-
fying condition, as defined in section three hundred fifty of the execu-
tive law, and has received a discharge other than bad conduct or
dishonorable (and not on account of [alienage] NONCITIZEN STATUS) from
the armed forces, or (3) is a discharged LGBT veteran, as defined in
section three hundred fifty of the executive law, and has received a
discharge other than bad conduct or dishonorable (and not on account of
[alienage] NONCITIZEN STATUS) from the armed forces, or the spouse,
unremarried surviving spouse or unmarried dependent child of any such
[alien] NONCITIZEN, if such [alien] NONCITIZEN, spouse or dependent
child is a 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;
(vi) [an alien] A NONCITIZEN granted status as a Cuban and Haitian
entrant as defined in section 501(e) of the federal Refugee Education
Act of 1980 within the previous five years with respect to benefits
under the temporary assistance to needy families block grant program,
and safety net assistance and within the previous seven years with
respect to medical assistance; and
(vii) [an alien] A NONCITIZEN admitted to the United States as an
Amerasian immigrant as described in section 402(a)(2)(A) of the federal
personal responsibility and work opportunity reconciliation act of 1996
within the previous five years with respect to benefits under the tempo-
rary assistance to needy families block grant program, and safety net
S. 9333 28
assistance and within the previous seven years with respect to medical
assistance.
(b) The following persons, not described in paragraph (a) of this
subdivision, shall, if otherwise eligible, be eligible for family
assistance, medical assistance, and safety net assistance:
(i) [an alien] A NONCITIZEN who is a 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, who entered
the United States before the twenty-second day of August, nineteen
hundred ninety-six and continuously resided in the United States until
attaining qualified status; and
(ii) a qualified alien who entered the United States five years or
more earlier with 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.
(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 for people with developmental disabilities, and was
in receipt of a medical assistance authorization 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 and provided, further, that any such person who, on the
fourth day of August, nineteen hundred ninety-seven, was diagnosed as
having AIDS, as defined in subdivision one of section two thousand seven
hundred eighty of the public health law, and was in receipt of medical
assistance authorization pursuant to title eleven of article five of
this chapter based on a finding that he or she was a person permanently
residing in the United States under color of law shall, if otherwise
eligible, be eligible for medical assistance:
(i) a qualified alien who entered the United States less than five
years earlier or for less than five years has had a status within the
meaning of the term "qualified alien" as defined in section 431 of the
federal personal responsibility and work opportunity reconciliation act
of 1996 (8 U.S. Code 1641), as amended, if such entry occurred on or
after the twenty-second day of August, nineteen hundred ninety-six; and
(ii) [an alien] A NONCITIZEN 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 resid-
ing in the United States under color of law.
(d) A person paroled into the United States for a period of less than
one year shall, if otherwise eligible, be eligible to receive any state
or local non-federal assistance provided under this chapter on the same
terms as such programs are available to persons who are qualified aliens
S. 9333 29
as defined in section 431 of the federal personal responsibility and
work opportunity reconciliation act of 1996 (8 U.S. Code 1641), as
amended.
(e) Nothing herein shall preclude the receipt by any [alien] NONCITI-
ZEN of community based non-cash assistance in accordance with the
directions of the United States attorney general or the receipt of
medical assistance for care and services (not including care and
services related to an organ transplant procedure) necessary to treat an
emergency medical condition as that term is defined in section 1903 of
the federal social security act.
(f) [An alien] A NONCITIZEN who is not ineligible for federal supple-
mental security income benefits by reason of [alien] NONCITIZEN status
shall, if otherwise eligible, be eligible to receive additional state
payments for aged, blind or disabled persons under section two hundred
nine of this chapter.
(g) [Aliens] NONCITIZENS receiving supplemental security income bene-
fits or additional state payments for aged, blind and disabled persons
under section two hundred nine of this chapter shall be eligible for
medical assistance if otherwise eligible.
(h) Qualified aliens 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 otherwise eligible and except as otherwise
provided by federal law, shall be eligible for services pursuant to
title XX of the federal social security act.
2. Any [alien] NONCITIZEN, including [an alien] A NONCITIZEN who is
not a 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, is eligible for adult protective services and
services and assistance relating to child protection to the extent that
such person is otherwise eligible pursuant to this chapter and the regu-
lations of the department.
3. Each social services district shall report to the department, in
accordance with regulations of the department, the name and address and
other identifying information known to it with respect to any [alien]
NONCITIZEN known to be unlawfully in the United States.
4. To the extent permitted by federal law and regulation, the income
and resources of a sponsor of [an alien] A NONCITIZEN, who has signed an
affidavit of support pursuant to section 213A of the immigration and
naturalization act, and the income and resources of such sponsor's
spouse, shall be deemed available to such [alien] NONCITIZEN for
purposes of determining the eligibility of such [alien] NONCITIZEN for
assistance funded under the temporary for assistance funded under the
temporary assistance to needy families block grant and medical assist-
ance.
5. If and to the extent that the family assistance, safety net assist-
ance, state additional payments in the supplemental security income
program, emergency assistance to aged, blind or disabled adults or
medical assistance is paid to or on behalf of [an alien] A NONCITIZEN
for whom an affidavit of support pursuant to section 213A of the immi-
gration and naturalization act has been signed, the social services
district shall request reimbursement by the sponsor in the amount of
such assistance, and, if the sponsor does not within forty-five days of
such request indicate a willingness to commence payments, such social
services district may commence an action against the sponsor pursuant to
the affidavit. Remedies available to enforce an affidavit of support
include all of the remedies described in sections 3201, 3202, 3204 and
S. 9333 30
3205 of title 28 of the United States Code, as well as an order for
specific performance and payment of legal fees and other costs of
collection, and include corresponding remedies available under state
law; provided, however, that no action shall be brought more than ten
years after assistance was last given.
6. Nothing in this section shall be interpreted as affecting the
eligibility for pre-natal care benefits for persons otherwise eligible
for such benefits.
§ 83. Section 131-k of the social services law, as amended by chapter
77 of the laws of 1977, is amended to read as follows:
§ 131-k. [Illegal aliens] UNDOCUMENTED NONCITIZENS. [2.] An otherwise
eligible applicant or recipient who has been determined to be ineligible
for aid to dependent children, home relief or medical assistance because
[he is an alien] SUCH INDIVIDUAL IS A NONCITIZEN unlawfully residing in
the United States or because [he] SUCH INDIVIDUAL failed to furnish
evidence that [he] SUCH INDIVIDUAL is lawfully residing in the United
States shall be immediately referred to the United States immigration
and naturalization service, or the nearest consulate of the country of
the applicant or the recipient for such service or consulate to take
appropriate action or furnish assistance.
§ 84. Paragraph (g) of subdivision 1 of section 158 of the social
services law, as added by section 44 of part B of chapter 436 of the
laws of 1997, is amended to read as follows:
(g) is a qualified alien who is ineligible to receive assistance fund-
ed under the temporary assistance for needy families block grant solely
because of section four hundred three of the federal personal responsi-
bility and work opportunity reconciliation act of 1996 (P.L. 104-193)
or is [an alien] A NONCITIZEN who is permanently residing under color of
law but is not a qualified alien.
§ 85. Subparagraph (iv) of paragraph (a) of subdivision 1 of section
209 of the social services law, as amended by section 4 of part E of
chapter 57 of the laws of 2012, is amended to read as follows:
(iv) is a resident of the state and is either a citizen of the United
States or is not [an alien] A NONCITIZEN who is or would be ineligible
for federal supplemental security income benefits solely by reason of
[alien] NONCITIZEN status.
§ 86. Paragraph (d) of subdivision 3 of section 369-gg of the social
services law, as amended by section 2 of part H of chapter 57 of the
laws of 2021, is amended to read as follows:
(d) (i) has household income at or below two hundred percent of the
federal poverty line defined and annually revised by the United States
department of health and human services for a household of the same
size; and (ii) has household income that exceeds one hundred thirty-
three percent of the federal poverty line defined and annually revised
by the United States department of health and human services for a
household of the same size; however, MAGI eligible [aliens] NONCITIZENS
lawfully present in the United States with household incomes at or below
one hundred thirty-three percent of the federal poverty line shall be
eligible to receive coverage for health care services pursuant to the
provisions of this title if such [alien] NONCITIZEN would be ineligible
for medical assistance under title eleven of this article due to his or
her immigration status.
An applicant who fails to make an applicable premium payment, if any,
shall lose eligibility to receive coverage for health care services in
accordance with time frames and procedures determined by the commission-
er.
S. 9333 31
§ 86-a. Paragraph (d) of subdivision 3 of section 369-gg of the social
services law, as amended by section 51 of part C of chapter 60 of the
laws of 2014, is amended to read as follows:
(d) (i) has household income at or below two hundred percent of the
federal poverty line defined and annually revised by the United States
department of health and human services for a household of the same
size; and (ii) has household income that exceeds one hundred thirty-
three percent of the federal poverty line defined and annually revised
by the United States department of health and human services for a
household of the same size; however, MAGI eligible [aliens] NONCITIZENS
lawfully present in the United States with household incomes at or below
one hundred thirty-three percent of the federal poverty line shall be
eligible to receive coverage for health care services pursuant to the
provisions of this title if such [alien] NONCITIZEN would be ineligible
for medical assistance under title eleven of this article due to his or
her immigration status.
An applicant who fails to make an applicable premium payment shall
lose eligibility to receive coverage for health care services in accord-
ance with time frames and procedures determined by the commissioner.
§ 87. Section 398-e of the social services law, as amended by chapter
3 of the laws of 2012, is amended to read as follows:
§ 398-e. Eligibility for protective services, foster care services,
and residential services for victims of domestic violence. [An alien] A
NONCITIZEN, including a non-qualified alien, as determined by applicable
federal statute and regulation, is eligible for protective services for
adults and children, foster care services, and residential services for
victims of domestic violence, to the extent such person is otherwise
eligible pursuant to this chapter and the regulations of the office of
children and family services and the office of temporary and disability
assistance.
§ 88. Subsection (g) of section 651 of the tax law, as added by chap-
ter 424 of the laws of 1970, is amended to read as follows:
(g) Nonresident [aliens] NONCITIZENS. Notwithstanding the provisions
of subsection (a) of this section, the due date for the filing of an
income tax return under this article for the taxable year by a nonresi-
dent [alien] NONCITIZEN individual shall be the date prescribed for the
filing of his OR HER federal income tax return for the taxable year.
§ 89. Paragraph 1 of subsection (c) of section 658 of the tax law, as
amended by section 12 of part Q of chapter 60 of the laws of 2016, is
amended to read as follows:
(1) Partnerships. Every partnership having a resident partner or
having any income derived from New York sources, determined in accord-
ance with the applicable rules of section six hundred thirty-one OF THIS
ARTICLE as in the case of a nonresident individual, shall make a return
for the taxable year setting forth all items of income, gain, loss and
deduction and such other pertinent information as the commissioner may
by regulations and instructions prescribe. Such return shall be filed on
or before the fifteenth day of the fourth month following the close of
each taxable year, for taxable years beginning before January first, two
thousand sixteen, and on or before the fifteenth day of the third month
following the close of each taxable year, for taxable years beginning on
or after January first, two thousand sixteen, except that the due date
for the return of a partnership consisting entirely of nonresident
[aliens] NONCITIZENS shall be the date prescribed for the filing of its
federal partnership return for the taxable year. For purposes of this
paragraph, "taxable year" means a year or a period which would be a
S. 9333 32
taxable year of the partnership if it were subject to tax under this
article.
§ 90. Subsection (b) of section 1304-C of the tax law, as added by
chapter 576 of the laws of 1994, is amended to read as follows:
(b) Any local law imposing the filing fee authorized by this section
shall provide that every partnership having any income derived from city
sources, determined in accordance with the applicable rules of section
six hundred thirty-one of this chapter as in the case of a state nonres-
ident individual (except that in making such determination any refer-
ences in such section to "New York source" or "New York sources" shall
be read as references to "New York city source" or "New York city sourc-
es" and any references in such section to "this state" or "the state"
shall be read as references to "this city" or "the city"), shall make a
return for the taxable year setting forth all items of income, gain,
loss and deduction and such other pertinent information as the commis-
sioner may by regulations and instructions prescribe. Such return shall
be filed on or before the fifteenth day of the fourth month following
the close of each taxable year except that the due date for the return
of a partnership consisting entirely of nonresident [aliens] NONCITIZENS
shall be the date prescribed for the filing of its federal partnership
return for the taxable year. For purposes of this subsection, "taxable
year" means a year or a period which would be a taxable year of the
partnership if it were subject to the taxes imposed under the authority
of this article.
§ 91. Paragraph a of subdivision 2 of section 428 of the transporta-
tion law, as added by chapter 836 of the laws of 1983, is amended to
read as follows:
a. In the performance of transportation infrastructure renewal
projects, minority and women-owned business enterprises shall be given
the opportunity for meaningful participation. The governor shall estab-
lish measures and procedures to secure meaningful participation and
identify those contracts and items of work for which minority and
women-owned business enterprises may best bid to actively and affirma-
tively promote and assist their participation in the department's
construction and procurement program for transportation infrastructure
renewal projects, so as to facilitate the award of a fair share of
contracts to such enterprises; provided, however, that nothing in this
article shall be construed to limit the ability of the governor to
assure that qualified minority and women-owned business enterprises may
participate in the transportation infrastructure renewal program. For
purposes hereof, minority business enterprise shall mean any business
enterprise which is at least fifty-one per centum owned by, or in the
case of a publicly owned business, at least fifty-one per centum of the
stock of which is owned by citizens or permanent resident [aliens]
NONCITIZENS who are Black, Hispanic, Asian or American Indian, and such
ownership interest is real, substantial and continuing; and women-owned
business enterprise shall mean any business enterprise which is at least
fifty-one per centum owned by, or in the case of a publicly owned busi-
ness, at least fifty-one per centum of the stock of which is owned by
citizens or permanent resident [aliens] NONCITIZENS who are women, and
such ownership interest is real, substantial and continuing.
The provisions of this paragraph shall not be construed to limit the
ability of any minority business enterprise to bid on any contract.
§ 92. Section 17 of the volunteer ambulance workers' benefit law, as
amended by chapter 481 of the laws of 1988, is amended to read as
follows:
S. 9333 33
§ 17. [Aliens] NONCITIZENS. Financial benefits payable under this
chapter to [aliens] NONCITIZENS not residents or about to become nonres-
idents of the United States or Canada shall be in the same amount as
provided for residents, except that dependents in any foreign country
shall be limited to surviving spouse and child or children, or, if there
be no surviving spouse or child or children, to the surviving father or
mother whom the volunteer ambulance worker has supported, either wholly
or in part, for a period of one year prior to the date of the injury.
§ 93. Section 17 of the volunteer firefighters' benefit law, as
amended by chapter 621 of the laws of 1988, is amended to read as
follows:
§ 17. [Aliens] NONCITIZENS. Financial benefits payable under this
chapter to [aliens] NONCITIZENS not residents or about to become nonres-
idents of the United States or Canada shall be in the same amount as
provided for residents, except that dependents in any foreign country
shall be limited to surviving spouse and child or children, or, if there
be no surviving spouse or child or children, to the surviving father or
mother whom the volunteer firefighter has supported, either wholly or in
part, for a period of one year prior to the date of the injury.
§ 94. Section 17 of the workers' compensation law, as amended by chap-
ter 538 of the laws of 1985, is amended to read as follows:
§ 17. [Aliens] NONCITIZENS. Compensation under this chapter to
[aliens] NONCITIZENS not residents or about to become nonresidents of
the United States or Canada, shall be the same in amount as provided for
residents, except that dependents in any foreign country shall be limit-
ed to surviving spouse and child or children, or, if there is no surviv-
ing spouse or child or children, to surviving father or mother whom the
employee has supported, either wholly or in part, for the period of one
year prior to the date of the accident.
§ 95. Subdivision 1 of section 24-a of the workers' compensation law,
as amended by section 8 of part D of chapter 55 of the laws of 2015, is
amended to read as follows:
1. No person, firm or corporation, other than an attorney and counsel-
lor-at-law, shall appear on behalf of any claimant or person entitled to
the benefits of this chapter, before the board or any officer, agent or
employee of the board assigned to conduct any hearing, investigation or
inquiry relative to a claim for compensation or benefits under this
chapter, unless he or she shall be a citizen of the United States or [an
alien] A NONCITIZEN lawfully admitted for permanent residence in the
United States, and shall have obtained from the board a license author-
izing him or her to appear in matters or proceedings before the board.
Such license shall be issued by the board in accordance with the rules
established by it. Any person, firm or corporation violating the afore-
said provisions shall be guilty of a misdemeanor. The board, in its
rules, shall provide for the issuance of licenses to representatives of
charitable and welfare organizations, and to associations who employ a
representative to appear for members of such association, upon certif-
ication of the proper officer of such association or organization, which
licenses shall issue without charge; and may provide for a license with-
out fee in the case of all other persons, firms or corporations in an
amount to be fixed by said rules. The board shall have such tests of
character and fitness with respect to applicants for licenses, and such
rules governing the conduct of those licensed, as aforesaid, as it may
deem necessary.
S. 9333 34
§ 96. Subdivisions 1 and 4 of section 25-b of the workers' compen-
sation law, as added by chapter 492 of the laws of 1941, are amended to
read as follows:
1. There is hereby created a fund to be known as the non-resident
compensation fund. Whenever an award is made to or on behalf of [alien]
NONCITIZEN dependents, non-residents of the United States, Canada or
Newfoundland, or an award is made to a non-resident citizen of the
United States, which calls for the payment of compensation or death
benefits, or where there is outstanding an unpaid balance of compen-
sation or death benefits payable to such non-resident, and it shall
appear that the person or persons to whom the award has been made or any
balance of such award is payable, would not have the full benefit or use
or control of the money payable under such award, or where other special
circumstances made it desirable that present payment of the award shall
be withheld, the employer, or if insured, his insurance carrier, or any
special fund liable for such payment, may, by order of the board, be
required to pay to the comptroller of the state of New York all amounts
then due or thereafter to become due under the terms of the award to
such non-resident. The moneys so paid in shall be held by the comp-
troller in the non-residents compensation fund.
4. If at any time there shall be created by any act of the congress of
the United States or by any lawful rule or regulation of the president
any agency or fund for the safekeeping or custody of moneys belonging to
or payable to any non-resident [alien] NONCITIZEN, and if such act or
rule shall require the payment into such agency or fund of any moneys
theretofore paid into the fund for foreign dependents, the board may
make its findings and issue its order thereon directing the transfer of
such moneys by the comptroller to such other agency or fund.
§ 97. Paragraph (a) of subdivision 3-b of section 50 of the workers'
compensation law, as amended by chapter 139 of the laws of 2008, is
amended to read as follows:
(a) Except as provided in subdivision three-d of this section, no
person, firm or corporation, other than an attorney and counsellor-at-
law, shall solicit the business of representing, or engage in represent-
ing self-insurers or group self-insurers, as defined in subdivisions
three and three-a of this section, before the board or any officer,
agent or employee of the board assigned to conduct any hearing, investi-
gation or inquiry relative to a claim for compensation or benefits under
this chapter, unless he OR SHE shall be a citizen of the United States
or [an alien] A NONCITIZEN lawfully admitted for permanent residence in
the United States, or a corporation organized under the laws of the
state of New York, and shall have obtained from the board a license
authorizing him OR HER to appear in matters or proceedings before the
board. Such license shall be issued by the board in accordance with the
rules established by it. Any person, firm or corporation violating the
aforesaid provisions shall be guilty of a misdemeanor. The chair may
impose a civil penalty of up to one thousand dollars for each violation
against any representative licensed in accordance with this section that
violates any provision of this section or of any regulation issued
pursuant thereto, in addition to any other sanctions provided for under
this chapter.
§ 98. Section 121-a of the workers' compensation law, as amended by
chapter 492 of the laws of 1941, is amended to read as follows:
§ 121-a. Proof of dependency in foreign countries. In cases involving
the dependency of [aliens] NONCITIZENS residing in foreign countries,
transcripts of birth or marriage certificates, also documents and affi-
S. 9333 35
davits, certified by a local official or local magistrate and authenti-
cated as to such official or magistrate by the secretary of state or
other official having charge of foreign affairs, or a United States
consul, in said foreign country, may be received in evidence, but in all
such cases proof of present existence and of dependency may be made by
the personal appearance of each and all persons claiming relationship to
or dependence upon a deceased worker under the provisions of sections
sixteen and seventeen of this chapter, before a diplomatic or consular
officer of the United States, and statements made to or evidence
presented before such diplomatic or consular officer under oath may be
received in evidence in whole or in part by the board upon any such
claim. Questions regarding admissibility and adequacy of evidence aris-
ing in connection with proceedings before the consul shall be determined
by the board. The board may by rule prescribe the conditions under which
proofs other than personal appearance before a diplomatic or consular
officer of the United States may be accepted as proof of the facts of
existence, relationship and dependency.
§ 99. Paragraph (a) of subdivision 1 of section 9-b of section 1 of
chapter 359 of the laws of 1968 constituting the facilities development
corporation act, as added by chapter 58 of the laws of 1987, is amended
to read as follows:
(a) Minority and women-owned business enterprises shall be given the
opportunity for meaningful participation in all contracts executed by
the corporation pursuant to the provisions of this act other than
contracts the cost of which is borne solely by a municipality or munici-
palities. The corporation shall establish measures and procedures to
secure meaningful participation and identify those contracts and items
of work for which minority and women-owned business enterprises may best
bid to actively and affirmatively promote and assist their participation
in the projects, so as to facilitate the award of a fair share of
contracts to such enterprises; provided, however, that nothing in this
act shall be construed to limit the ability of the corporation to assure
that qualified minority and women-owned business enterprises may partic-
ipate in the program. For purposes hereof, minority business enterprise
shall mean any business enterprise which is at least fifty-one per
centum owned by, or in the case of a publicly owned business, at least
fifty-one per centum of the stock of which is owned by citizens or
permanent resident [aliens] NONCITIZENS who are Black, Hispanic, Asian
or American Indian, Pacific Islander or Alaskan natives and such owner-
ship interest is real, substantial and continuing and have the authority
to independently control the day to day business decisions of the entity
for at least one year; and women-owned business enterprise shall mean
any business enterprise which is at least fifty-one per centum owned by,
or in the case of a publicly owned business, at least fifty-one per
centum of the stock of which is owned by citizens or permanent resident
[aliens] NONCITIZENS who are women, and such ownership interest is real,
substantial and continuing and have the authority to independently
control the day to day business decisions of the entity for at least one
year.
The provisions of this paragraph shall not be construed to limit the
ability of any minority or women-owned business enterprise to bid on any
contract.
§ 100. Paragraph a of subdivision 1 of section 16-b of section 1 of
chapter 392 of the laws of 1973 constituting the medical care facilities
finance agency act, as added by chapter 58 of the laws of 1987, is
amended to read as follows:
S. 9333 36
a. In the performance of projects pursuant to this act minority and
women-owned business enterprises shall be given the opportunity for
meaningful participation. The agency shall establish measures and proce-
dures to secure meaningful participation and identify those contracts
and items of work for which minority and women-owned business enter-
prises may best bid to actively and affirmatively promote and assist
their participation in the projects, so as to facilitate the award of a
fair share of contracts to such enterprises; provided, however, that
nothing in this act shall be construed to limit the ability of the agen-
cy to assure that qualified minority and women-owned business enter-
prises may participate in the program. For purposes hereof, minority
business enterprise shall mean any business enterprise which is at least
fifty-one per centum owned by, or in the case of a publicly owned busi-
ness, at least fifty-one per centum of the stock of which is owned by
citizens or permanent resident [aliens] NONCITIZENS who are Black,
Hispanic, Asian or American Indian, Pacific Islander or Alaskan natives
and such ownership interest is real, substantial and continuing and have
the authority to independently control the day to day business decisions
of the entity for at least one year; and women-owned business enterprise
shall mean any business enterprise which is at least fifty-one per
centum owned by, or in the case of a publicly owned business, at least
fifty-one per centum of the stock of which is owned by citizens or
permanent resident [aliens] NONCITIZENS who are women, and such owner-
ship interest is real, substantial and continuing and have the authority
to independently control the day to day business decisions of the entity
for at least one year.
The provisions of this paragraph shall not be construed to limit the
ability of any minority or women-owned business enterprise to bid on any
contract.
§ 101. Subdivision 20 of section 3 of section 1 of chapter 174 of the
laws of 1968 constituting the New York state urban development corpo-
ration act, as added by chapter 839 of the laws of 1987, is amended to
read as follows:
(20) "Women business enterprise". A business enterprise which is at
least fifty-one percent owned, or in the case of a publicly-owned busi-
ness at least fifty-one percent of the common stock or other voting
interests of which is owned, by United States citizens or permanent
resident [aliens] NONCITIZENS who are women, regardless of race or
ethnicity, and such ownership interest is real, substantial and continu-
ing and such women have and exercise the authority to independently
control the day to day business decisions of the enterprises.
§ 102. This act shall take place immediately; provided, however, that:
(a) the amendments to subdivision 8 and paragraph (a) of subdivision
15 of section 310 of the executive law made by section three of this
act shall not affect the repeal of such section and shall be deemed to
repeal therewith;
(b) the amendments to clause (i) of paragraph (a) of subdivision 2-a
of section 314 of the executive law made by section four of this act
shall not affect the repeal of such section and shall be deemed to
repeal therewith;
(c) the amendments to subdivision 6 of section 821 of the executive
law made by section five of this act shall not affect the repeal of such
section and shall be deemed to repeal therewith;
(d) the amendments to paragraphs (a) and (a-1) of subdivision 7 of
section 6206 of the education law made by section twenty-five of this
S. 9333 37
act shall not affect the repeal of such paragraphs and shall be deemed
to repeal therewith; and
(e) the amendments to paragraph (d) of subdivision 3 of section 369-gg
of the social services law made by section eighty-six of this act
shall be subject to the expiration and reversion of such subdivision
pursuant to section 2 of part H of chapter 57 of the laws of 2021, as
amended, when upon such date the provisions of section eighty-six-a
of this act shall take effect.
