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

                                 776--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens.  RIVERA,  ESPAILLAT, HAMILTON, PERKINS, SERRANO --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Finance -- recommitted to the Committee on Finance in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York is home act".
  S 2. Legislative findings. The legislature hereby finds that New  York
is  home to over 19.5 million individuals, including workers, consumers,
students, neighbors and taxpayers. The wellbeing of this state is  inex-
tricably  linked  to  the  wellbeing of all these New Yorkers. These New

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

                                                           LBD03792-02-6

S. 776--A                           2

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

S. 776--A                           3

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

S. 776--A                           4

LICENSE  WOULD BE ACCEPTED, AND THE NEW YORK STATE IDENTIFICATION NUMBER
SHALL BE ACCEPTED FOR USE IN SUBSTITUTION FOR A SOCIAL SECURITY NUMBER.
  2.  ANY  PERSON IN POSSESSION OF A VALID NEW YORK STATE IDENTIFICATION
CARD SHALL NOT BE DISQUALIFIED FROM ELIGIBILITY FOR ANY OF THE FOLLOWING
STATE BENEFITS BY VIRTUE OF HIS OR HER LACK OF DOCUMENTATION OF  FEDERAL
IMMIGRATION STATUS:
  (A)  ANY  LICENSE,  PERMIT,  CERTIFICATE  OR  GRANT  OF PERMISSION, AS
DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF SECTION 3-503 OF THE GENER-
AL OBLIGATIONS LAW AND REQUIRED BY THE LAWS OF THIS STATE, ITS POLITICAL
SUBDIVISIONS OR INSTRUMENTALITIES AS A CONDITION FOR THE LAWFUL PRACTICE
OF ANY OCCUPATION, EMPLOYMENT, TRADE, VOCATION, BUSINESS OR  PROFESSION,
AND ISSUED BY THE STATE OR ANY POLITICAL SUBDIVISION THEREOF;
  (B) THE ABILITY TO REGISTER FOR AND VOTE AT STATE AND LOCAL ELECTIONS,
AS PROVIDED IN SECTION 5-100 OF THE ELECTION LAW;
  (C) PUBLIC HEALTH BENEFITS;
  (D)  A  DRIVERS'  LICENSE, PURSUANT TO SECTION FIVE HUNDRED TWO OF THE
VEHICLE AND TRAFFIC LAW; AND
  (E) BENEFITS GOVERNED BY ARTICLES THIRTEEN AND FOURTEEN OF THE  EDUCA-
TION  LAW,  SUCH  AS  GENERAL  AWARDS,  ACADEMIC  PERFORMANCE AWARDS AND
STUDENT LOANS FOR HIGHER EDUCATION; ASSISTANCE UNDER THE  HIGHER  EDUCA-
TION  OPPORTUNITY  PROGRAMS  AND  THE  COLLEGIATE SCIENCE AND TECHNOLOGY
ENTRY PROGRAM; FINANCIAL AID OPPORTUNITIES FOR  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK, THE CITY UNIVERSITY OF NEW YORK AND COMMUNITY
COLLEGES; AND THE NEW YORK STATE COLLEGE CHOICE TUITION SAVINGS PROGRAM.
  3. NOTHING IN THIS SECTION SHALL BE DEEMED TO DEPRIVE  ANY  INDIVIDUAL
OF  ANY  BENEFIT  RECEIVED  BY  HIM  OR HER PURSUANT TO LAW PRIOR TO THE
EFFECTIVE DATE OF THIS ARTICLE.
  S 275-D. STATE AGENCY REVIEW.  ALL STATE AGENCIES SHALL  REVIEW  THEIR
RULES  AND  REGULATIONS TO MAKE SURE THEY ARE CONSISTENT WITH THIS ARTI-
CLE, AND MAKE SUCH NECESSARY CHANGES WITHIN ONE HUNDRED EIGHTY  DAYS  OF
THE EFFECTIVE DATE OF THIS ARTICLE.
  S  275-E. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT  JURIS-
DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
DATE  THE  REMAINDER  THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
THE CLAUSE, SENTENCE,  PARAGRAPH,  SECTION,  OR  PART  THEREOF  DIRECTLY
INVOLVED  IN  THE  CONTROVERSY  IN  WHICH  SUCH JUDGMENT SHALL HAVE BEEN
RENDERED.
  S 275-F. LOCAL LAWS.  THIS ARTICLE SHALL NOT  PREVENT  THE  ESTABLISH-
MENT,  CONTINUING  IN  EFFECT OR ENFORCEMENT OF ANY LAW OR REGULATION OF
ANY POLITICAL SUBDIVISION OF THE  STATE  THAT  PROTECTS  THE  RIGHTS  OR
FOSTERS  THE  INTEGRATION  OF  NEW  YORK  STATE CITIZENS IN A MANNER NOT
INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
  S 4. Subdivision 1 of section 5-102 of the election law is amended  to
read as follows:
  1.  No  person  shall  be  qualified  to  register for and vote at any
election unless he OR SHE is a citizen of the United States OR HE OR SHE
POSSESSES A NEW YORK STATE IDENTIFICATION CARD, and is or  will  be,  on
the  day of such election, eighteen years of age or over, and a resident
of this state and of the county, city or village for a minimum of thirty
days next preceding such election.
  S 5. Subdivision 1 of section 3 of the public officers law, as amended
by chapter 251 of the laws of 2014, is amended to read as follows:
  1. No person shall be capable of holding a civil office who shall not,
at the time he or she shall be chosen thereto, have attained the age  of
eighteen  years,  except that in the case of youth boards, youth commis-

S. 776--A                           5

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

S. 776--A                           6

[numbers]  NUMBER,  or  the reason or reasons, furnished by such person,
why such person does not have such number or numbers.
  S  9.  The  opening paragraph of subdivision 2 of section 3-503 of the
general obligations law, as amended by chapter 398 of the laws of  1997,
is amended to read as follows:
  Every  applicant for a license or renewal thereof shall provide his or
her social security number OR, IF HE OR SHE DOES NOT HAVE A SOCIAL SECU-
RITY NUMBER, HIS OR HER NEW YORK  STATE  IDENTIFICATION  NUMBER  on  the
application.    Additionally,  every  applicant for a license or renewal
thereof shall certify in the application in a  written  statement  under
oath,  duly sworn and subscribed, that as of the date the application is
filed he or she is (or is not) under obligation to pay child support and
that if he or she is under such an obligation, that he or she  does  (or
does not) meet one of the following requirements:
  S  10. Paragraph (f) of subdivision 6 of section 6506 of the education
law, as amended by chapter 133 of the laws of 1982, is amended  to  read
as follows:
  (f)  Citizenship  or  immigration  status:  be a United States citizen
[or], an alien lawfully admitted for permanent residence in  the  United
States OR A NEW YORK STATE CITIZEN;
  S  11.  Subdivision 6 of section 6524 of the education law, as amended
by chapter 379 of the laws of 2008, is amended to read as follows:
  (6) Citizenship or immigration status:  be  a  United  States  citizen
[or],  an  alien lawfully admitted for permanent residence in the United
States[; provided, however that the board of regents may grant  a  three
year waiver for an alien physician to practice in an area which has been
designated  by  the department as medically underserved, except that the
board of regents may grant an additional extension  not  to  exceed  six
years  to  an alien physician to enable him or her to secure citizenship
or permanent resident status, provided such  status  is  being  actively
pursued;  and  provided  further  that the board of regents may grant an
additional three year waiver, and at its expiration, an extension for  a
period  not  to  exceed  six additional years, for the holder of an H-1b
visa, an O-1 visa, or an equivalent or successor visa thereto] OR A  NEW
YORK STATE CITIZEN;
  S  12.  Subdivision 6 of section 6554 of the education law, as amended
by chapter 133 of the laws of 1982, is amended to read as follows:
  (6) Citizenship or immigration status:  be  a  United  States  citizen
[or],  an  alien lawfully admitted for permanent residence in the United
States OR A NEW YORK STATE CITIZEN;
  S 13. Subdivision 6 of section 6604 of the education law,  as  amended
by chapter 403 of the laws of 2002, is amended to read as follows:
  (6)  Citizenship  or  immigration  status:  be a United States citizen
[or], an alien lawfully admitted for permanent residence in  the  United
States[;  provided, however, that the board of regents may grant a three
year waiver for an alien to practice in an area which  has  been  desig-
nated a federal dental health professions shortage area, except that the
board  of  regents  may  grant an additional extension not to exceed six
years to an alien to enable him or her to secure citizenship  or  perma-
nent resident status, provided such status is being actively pursued] OR
A NEW YORK STATE CITIZEN;
  S  14.  Subdivision 7 of section 6604-b of the education law, as added
by chapter 537 of the laws of 2008, is amended to read as follows:
  7. In order to be eligible for a restricted dental faculty license  an
applicant must be a United States citizen [or], an alien lawfully admit-
ted  for  permanent  residence in the United States[; provided, however,

S. 776--A                           7

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

S. 776--A                           8

  S 21. Paragraph 6 of subdivision 1 of section 7206  of  the  education
law,  as  amended by chapter 133 of the laws of 1982, is amended to read
as follows:
  (6)  Citizenship  or  immigration  status:  be a United States citizen
[or], an alien lawfully admitted for permanent residence in  the  United
States OR A NEW YORK STATE CITIZEN;
  S  22. Paragraph 6 of subdivision 1 of section 7206-a of the education
law, as amended by chapter 133 of the laws of 1982, is amended  to  read
as follows:
  (6)  Citizenship  or  immigration  status:  be a United States citizen
[or], an alien lawfully admitted for permanent residence in  the  United
States OR A NEW YORK STATE CITIZEN;
  S  23.  Paragraph  6 of subdivision 1 of section 7324 of the education
law, as amended by chapter 133 of the laws of 1982, is amended  to  read
as follows:
  (6)  Citizenship  or  immigration  status:  be a United States citizen
[or], an alien lawfully admitted for permanent residence in  the  United
States OR A NEW YORK STATE CITIZEN;
  S  24.  Paragraph  6 of subdivision 1 of section 7504 of the education
law, as amended by chapter 133 of the laws of 1982, is amended  to  read
as follows:
  (6) Citizenship or immigration status: be a United States citizen [or]
,  an  alien  lawfully  admitted  for  permanent residence in the United
States OR A NEW YORK STATE CITIZEN;
  S 25. Subdivision 5 of section 7804 of the education law,  as  amended
by chapter 230 of the laws of 1997, is amended to read as follows:
  (5)  Citizenship  or  immigration  status:  be a United States citizen
[or], an alien lawfully admitted for permanent residence in  the  United
States OR A NEW YORK STATE CITIZEN;
  S  26.  Subdivisions  3 and 4 of section 126 of the alcoholic beverage
control law, subdivision 3 as added by chapter 133 of the laws  of  1982
and  subdivision  4  as  amended by section 50 of subpart B of part C of
chapter 62 of the laws of 2011, are amended to read as follows:
  3. A person who is not a citizen of the United States [or],  an  alien
lawfully  admitted for permanent residence in the United States OR A NEW
YORK STATE CITIZEN.
  4. A copartnership or a corporation, unless each member of  the  part-
nership,  or  each of the principal officers and directors of the corpo-
ration, is a citizen of the United States [or], an alien lawfully admit-
ted for permanent residence in the United States OR  A  NEW  YORK  STATE
CITIZEN,  not  less  than  twenty-one  years  of  age,  and has not been
convicted of any felony or any of the misdemeanors, specified in section
eleven hundred forty-six of the former penal law as in force and  effect
immediately  prior  to September first, nineteen hundred sixty-seven, or
of an offense defined in section 230.20 or 230.40 of the penal  law,  or
if  so  convicted has received, subsequent to such conviction, an execu-
tive pardon therefor removing this  disability  a  certificate  of  good
conduct  granted  by  the department of corrections and community super-
vision, or a certificate of relief  from  disabilities  granted  by  the
department  of  corrections and community supervision or a court of this
state  pursuant  to  the  provisions  of  article  twenty-three  of  the
correction  law  to  remove the disability under this section because of
such conviction; provided however that  a  corporation  which  otherwise
conforms to the requirements of this section and chapter may be licensed
if  each  of its principal officers and more than one-half of its direc-
tors are citizens of the United States [or],  aliens  lawfully  admitted

S. 776--A                           9

for permanent residence in the United States OR NEW YORK STATE CITIZENS;
and provided further that a corporation organized under the not-for-pro-
fit corporation law or the education law which otherwise conforms to the
requirements  of this section and chapter may be licensed if each of its
principal officers and more than one-half of its directors are not  less
than  twenty-one  years  of  age and none of its directors are less than
eighteen years of age; and provided further that a corporation organized
under the not-for-profit  corporation  law  or  the  education  law  and
located  on  the  premises of a college as defined by section two of the
education law which otherwise  conforms  to  the  requirements  of  this
section  and  chapter  may be licensed if each of its principal officers
and each of its directors are not less than eighteen years of age.
  S 27. Section 10 of the general city law, as amended by chapter 133 of
the laws of 1982, is amended to read as follows:
  S 10. Licenses to adult blind persons. The mayor  of  any  city  shall
have  the  power  to  issue  a license to any adult blind person for the
vending of goods, or newspapers in such places as  he  OR  SHE  may  set
aside  for  this  purpose. The license shall be issued for a term of one
year and no charge shall be made for the license. A license shall not be
issued to a blind person unless he or she is a resident for three  years
in  the  city  in  which  application for such license is made, and is a
citizen of the United States [or], an alien lawfully admitted for perma-
nent residence in the United States OR A NEW YORK STATE CITIZEN.
  This license shall be revocable only for cause.
  S 28. Paragraphs (a) and (c) of subdivision 2 of article X of  section
1  of  part I of chapter 882 of the laws of 1953, establishing a compact
with the state of New Jersey for the elimination of criminal and corrupt
practices in the handling of waterborne freight within the port  of  New
York district, are amended to read as follows:
  (a)  The  full  name,  residence, business address (if any), place and
date of birth, and THE social security number  OR  THE  NEW  YORK  STATE
IDENTIFICATION NUMBER of the applicant;
  (c)  The  citizenship of the applicant and, if he OR SHE is a natural-
ized citizen of the United States, the court and  date  of  his  OR  HER
naturalization, OR IF HE OR SHE IS A NEW YORK STATE CITIZEN, THE DATE OF
ISSUANCE OF HIS OR HER NEW YORK STATE IDENTIFICATION CARD; and
  S  29.  Paragraph  (a)  of subdivision 2 of section 3421 of the public
health law, as amended by chapter 534 of the laws of 1983, is amended to
read as follows:
  (a) is a citizen of the United States [or], an alien lawfully admitted
for permanent residence in  the  United  States  OR  A  NEW  YORK  STATE
CITIZEN;
  S  30.  Section  41 of the general business law, as amended by chapter
321 of the laws of 1983, is amended to read as follows:
  S 41. Licenses, how obtained; penalty for carrying on business without
license. The mayor or such local licensing authority may  from  time  to
time  grant,  under  his OR HER hand and the official seal of his OR HER
office, to such citizens OF THE  UNITED  STATES,  [or]  aliens  lawfully
admitted  for permanent residence in the United States OR NEW YORK STATE
CITIZENS, as he OR SHE shall deem proper and who shall produce to him OR
HER satisfactory evidence of their good character, a license authorizing
such person to carry on the business of a collateral loan broker,  which
license  shall  designate  the house in which such person shall carry on
said business, and no person, corporation,  partnership  or  firm  shall
carry  on  the  business  of a collateral loan broker without being duly
licensed, nor in any  other  house  than  the  one  designated  in  said

S. 776--A                          10

license,  under a penalty of one hundred dollars for each day he, SHE or
they shall exercise or carry on said business without such license or at
any other house than the one so designated. Any  person  receiving  such
license  shall  pay therefor the sum of five hundred dollars for the use
of the city yearly where such business is to be conducted in a city with
a population of more than one million persons, and where the business is
to be conducted elsewhere the fee for such license shall not exceed  two
hundred  fifty  dollars  yearly, and every such license shall expire one
year from the date thereof, and may be renewed  on  application  to  the
mayor or local licensing authority each and every year on payment of the
same  sum and upon performance of the other conditions herein contained.
Every person so licensed shall, at the time of receiving  such  license,
file  with the mayor or such local licensing authority granting the same
a bond to the local  authorities,  to  be  executed  by  the  person  so
licensed  and by two responsible sureties, in the penal sum of ten thou-
sand dollars, to be approved by such mayor or local licensing authority,
which bond shall be conditioned for  the  faithful  performance  of  the
duties  and  obligations pertaining to the business so licensed, and the
mayor or such local  licensing  authority  shall  have  full  power  and
authority to revoke such license for cause.
  S  31.  Subdivision  1  of  section 72 of the general business law, as
amended by chapter 164 of the laws  of  2003,  is  amended  to  read  as
follows:
  1.  If  the applicant is a person, the application shall be subscribed
by such person, and if the applicant is a firm or partnership the appli-
cation shall be subscribed by each individual composing or intending  to
compose  such  firm or partnership. The application shall state the full
name, age, residences within the past three years, present and  previous
occupations  of each person or individual so signing the same, that each
person or individual is a citizen of the United States  [or],  an  alien
lawfully  admitted for permanent residence in the United States OR A NEW
YORK STATE CITIZEN and shall also specify the name of the city, town  or
village,  stating  the  street and number, if the premises have a street
and number, and otherwise such apt description as will reasonably  indi-
cate the location thereof, where is to be located the principal place of
business and the bureau, agency, sub-agency, office or branch office for
which  the license is desired, and such further facts as may be required
by the department of state to show the good  character,  competency  and
integrity of each person or individual so signing such application. Each
person  or individual signing such application shall, together with such
application, submit to the department of state, his OR  HER  photograph,
taken within six months prior thereto in duplicate, in passport size and
also  two  sets of fingerprints of his OR HER two hands recorded in such
manner as may be specified by the secretary of state or the secretary of
state's authorized representative. Before approving such application  it
shall  be the duty of the secretary of state or the secretary of state's
authorized representative to forward one copy of  such  fingerprints  to
the  division of criminal justice services. Upon receipt of such finger-
prints, such division shall forward to the secretary of state  a  report
with  respect to the applicant's previous criminal history, if any, or a
statement that the applicant has no previous criminal history  according
to  its  files.  If  additional  copies of fingerprints are required the
applicant shall furnish them upon  request.  Such  fingerprints  may  be
submitted to the federal bureau of investigation for a national criminal
history  record check. The secretary shall reveal the name of the appli-
cant to the chief of police and the district attorney of the applicant's

S. 776--A                          11

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

S. 776--A                          12

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

S. 776--A                          13

GRATION  CARD shall constitute no cause for refusing any person examina-
tion or admission to practice.
  S  35. Subdivision 1 of section 502 of the vehicle and traffic law, as
separately amended by chapters 465 and 487 of  the  laws  of  2012,  the
third  undesignated  paragraph  as amended by chapter 405 of the laws of
2015, is REPEALED and a new subdivision 1 is added to read as follows:
  1. APPLICATION FOR LICENSE. (A) APPLICATION  FOR  A  DRIVER'S  LICENSE
SHALL  BE  MADE  TO  THE  COMMISSIONER. THE FEE PRESCRIBED BY LAW MAY BE
SUBMITTED WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH  PROOF
OF  IDENTITY,  AGE,  AND FITNESS AS MAY BE REQUIRED BY THE COMMISSIONER.
THE COMMISSIONER MAY ALSO PROVIDE THAT THE APPLICATION  PROCEDURE  SHALL
INCLUDE  THE  TAKING  OF  A  PHOTO  IMAGE  OR IMAGES OF THE APPLICANT IN
ACCORDANCE WITH RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN
ADDITION, THE COMMISSIONER ALSO SHALL REQUIRE THAT THE APPLICANT PROVIDE
HIS OR HER SOCIAL SECURITY NUMBER OR A  NEW  YORK  STATE  IDENTIFICATION
NUMBER  AND SHALL PROVIDE SPACE ON THE APPLICATION SO THAT THE APPLICANT
MAY REGISTER IN THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY UNDER
SECTION FORTY-THREE HUNDRED TEN  OF  THE  PUBLIC  HEALTH  LAW  WITH  THE
FOLLOWING STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE:
  "YOU  MUST  FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED
TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES'  OR  'SKIP  THIS  QUES-
TION'."
  THE  COMMISSIONER  OF  HEALTH SHALL NOT MAINTAIN RECORDS OF ANY PERSON
WHO CHECKS "SKIP THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN
PERSON OR ELECTRONICALLY, FAILURE TO CHECK A BOX SHALL  NOT  IMPAIR  THE
VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP
THIS  QUESTION" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN
THE CASE OF AN APPLICANT UNDER EIGHTEEN YEARS  OF  AGE,  CHECKING  "YES"
SHALL  NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR REGISTRATION
IN THE DONATE LIFE REGISTRY. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED
TO MAKE AN ANATOMICAL GIFT OR REGISTERED IN THE  DONATE  LIFE  REGISTRY,
CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
THAT CONSENT OR REGISTRATION. IN ADDITION, AN APPLICANT FOR A COMMERCIAL
DRIVER'S  LICENSE  WHO WILL OPERATE A COMMERCIAL MOTOR VEHICLE IN INTER-
STATE COMMERCE SHALL CERTIFY THAT SUCH APPLICANT MEETS THE  REQUIREMENTS
TO  OPERATE  A  COMMERCIAL  MOTOR  VEHICLE,  AS  SET FORTH IN PUBLIC LAW
99-570, TITLE XII, AND TITLE 49 OF THE CODE OF FEDERAL REGULATIONS,  AND
ALL  REGULATIONS PROMULGATED BY THE UNITED STATES SECRETARY OF TRANSPOR-
TATION UNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT. IN ADDITION, AN
APPLICANT FOR A COMMERCIAL  DRIVER'S  LICENSE  SHALL  SUBMIT  A  MEDICAL
CERTIFICATE  AT  SUCH INTERVALS AS REQUIRED BY THE FEDERAL MOTOR CARRIER
SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF  TITLE  49  OF  THE
CODE  OF  FEDERAL REGULATIONS RELATING TO MEDICAL CERTIFICATION AND IN A
MANNER PRESCRIBED BY THE COMMISSIONER.  FOR PURPOSES OF THIS SECTION AND
SECTIONS FIVE HUNDRED THREE, FIVE HUNDRED TEN-A, AND FIVE HUNDRED TEN-AA
OF THIS TITLE, THE TERMS  "MEDICAL  CERTIFICATE"  AND  "MEDICAL  CERTIF-
ICATION" SHALL MEAN A FORM SUBSTANTIALLY IN COMPLIANCE WITH THE FORM SET
FORTH  IN PART 391.43(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
UPON A DETERMINATION THAT THE HOLDER OF A  COMMERCIAL  DRIVER'S  LICENSE
HAS  MADE  ANY FALSE STATEMENT, WITH RESPECT TO THE APPLICATION FOR SUCH
LICENSE, THE COMMISSIONER SHALL REVOKE SUCH LICENSE.
  (B) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS CLARIFYING
THAT ELIGIBILITY FOR A DRIVER'S LICENSE SHALL NOT REQUIRE  AN  APPLICANT
TO  PROVIDE  A  SOCIAL SECURITY NUMBER AS PROOF OF IDENTITY. THE COMMIS-
SIONER SHALL PROVIDE FOR THE ACCEPTANCE OF ALTERNATIVE PROOFS OF IDENTI-

S. 776--A                          14

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

S. 776--A                          15

  S 37. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
of the executive law, as amended by chapter 365 of the laws of 2015, are
amended to read as follows:
  (a)  For  an  employer or licensing agency, because of an individual's
age, race, creed, color, national origin, sexual  orientation,  military
status,  sex, disability, predisposing genetic characteristics, familial
status, marital status, STATUS AS A NEW YORK STATE CITIZEN, or  domestic
violence  victim  status,  to  refuse  to hire or employ or to bar or to
discharge from employment such individual  or  to  discriminate  against
such individual in compensation or in terms, conditions or privileges of
employment.
  (b)  For  an  employment agency to discriminate against any individual
because of age, race, creed, color, national origin, sexual orientation,
military status, sex, disability, predisposing genetic  characteristics,
STATUS  AS  A  NEW  YORK CITIZEN, familial status, or marital status, in
receiving, classifying, disposing or otherwise acting upon  applications
for  its  services  or  in  referring  an  applicant or applicants to an
employer or employers.
  (c) For a labor organization, because of the age, race, creed,  color,
national  origin,  sexual orientation, military status, sex, disability,
predisposing genetic characteristics, STATUS AS A NEW YORK  STATE  CITI-
ZEN, familial status, or marital status of any individual, to exclude or
to  expel  from its membership such individual or to discriminate in any
way against any of its members or against any employer or any individual
employed by an employer.
  (d) For any employer or employment agency to  print  or  circulate  or
cause to be printed or circulated any statement, advertisement or publi-
cation,  or to use any form of application for employment or to make any
inquiry in  connection  with  prospective  employment,  which  expresses
directly  or indirectly, any limitation, specification or discrimination
as to age, race, creed,  color,  national  origin,  sexual  orientation,
military  status, sex, disability, predisposing genetic characteristics,
STATUS AS A NEW YORK STATE CITIZEN, familial status, or marital  status,
or  any  intent  to make any such limitation, specification or discrimi-
nation, unless  based  upon  a  bona  fide  occupational  qualification;
provided, however, that neither this paragraph nor any provision of this
chapter  or  other  law shall be construed to prohibit the department of
civil service or the department of personnel of any city containing more
than one county from requesting information from  applicants  for  civil
service  examinations  concerning  any  of the aforementioned character-
istics, other than sexual orientation, for  the  purpose  of  conducting
studies  to  identify  and  resolve possible problems in recruitment and
testing of members of minority groups to insure the fairest possible and
equal opportunities for employment in the civil service for all persons,
regardless of age, race, creed, color, national  origin,  sexual  orien-
tation,  military  status, sex, disability, predisposing genetic charac-
teristics, familial status, or marital status.
  S 38. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
the executive law, as amended by chapter 365 of the laws  of  2015,  are
amended to read as follows:
  (b)  To  deny  to  or withhold from any person because of race, creed,
color, national origin, sexual orientation, military status,  sex,  age,
disability,  familial  status,  STATUS  AS  A NEW YORK STATE CITIZEN, or
marital status, the right to be admitted to or participate in a guidance
program,  an  apprenticeship  training  program,   on-the-job   training

S. 776--A                          16

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

S. 776--A                          17

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

S. 776--A                          18

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

S. 776--A                          19

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

S. 776--A                          20

older  per unit. In determining whether housing is intended and operated
for occupancy by persons fifty-five years of age or older, Sec.  807 (b)
(2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act  of
1988, as amended, shall apply.
  (d)  It  shall  be  an  unlawful  discriminatory practice for any real
estate board, because of the race, creed, color, national origin, sexual
orientation, military status,  age,  sex,  disability,  marital  status,
STATUS AS A NEW YORK STATE CITIZEN, or familial status of any individual
who  is  otherwise  qualified  for  membership, to exclude or expel such
individual from membership, or to discriminate against  such  individual
in the terms, conditions and privileges of membership in such board.
  (e)  It  shall  be  an unlawful discriminatory practice for the owner,
proprietor or managing agent of, or other person  having  the  right  to
provide care and services in, a private proprietary nursing home, conva-
lescent  home,  or home for adults, or an intermediate care facility, as
defined  in  section  two  of  the  social  services   law,   heretofore
constructed,  or to be constructed, or any agent or employee thereof, to
refuse to provide services and care in such  home  or  facility  to  any
individual  or  to  discriminate  against  any  individual in the terms,
conditions, and privileges of such services and care solely because such
individual is a blind person. For purposes of this paragraph,  a  "blind
person" shall mean a person who is registered as a blind person with the
commission  for the visually handicapped and who meets the definition of
a "blind person" pursuant to  section  three  of  chapter  four  hundred
fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
establish a state commission for improving the condition of the blind of
the state of New York, and making an appropriation therefor".
  (f) The provisions of this subdivision, as they relate to  age,  shall
not apply to persons under the age of eighteen years.
  (g)  It  shall  be  an unlawful discriminatory practice for any person
offering or providing housing accommodations, land or  commercial  space
as described in paragraphs (a), (b), and (c) of this subdivision to make
or  cause  to  be  made any written or oral inquiry or record concerning
membership of any person in the state organized militia in  relation  to
the  purchase,  rental  or lease of such housing accommodation, land, or
commercial space, provided, however, that nothing  in  this  subdivision
shall  prohibit a member of the state organized militia from voluntarily
disclosing such membership.
  S 42. Paragraph (a) of subdivision 9 of section 296 of  the  executive
law, as amended by chapter 365 of the laws of 2015 is amended to read as
follows:
  (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power of appointment of volunteer firefighters, directly or  indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement  among  its  members,  or otherwise, to deny to any individual
membership in any volunteer fire department or fire company therein,  or
to  expel or discriminate against any volunteer member of a fire depart-
ment or fire  company  therein,  because  of  the  race,  creed,  color,
national  origin,  sexual  orientation,  military  status,  sex, marital
status, STATUS AS A NEW YORK STATE CITIZEN, or familial status, of  such
individual.
  S  43.  Subdivision 13 of section 296 of the executive law, as amended
by chapter 365 of the laws of 2015, is amended to read as follows:

S. 776--A                          21

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

S. 776--A                          22

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

S. 776--A                          23

federal personal responsibility and work opportunity reconciliation  act
of  1996  (8  U.S.  Code 1641), as amended, if such entry occurred on or
after the twenty-second day of August, nineteen hundred ninety-six; and
  (ii)  an  alien  whose  status  is  not within the meaning of the term
"qualified alien" as defined in section  431  of  the  federal  personal
responsibility  and  work opportunity reconciliation act of 1996 (8 U.S.
Code 1641), as amended, but who is otherwise permanently residing in the
United States under color of law], AND (II) NEW YORK STATE  CITIZENS  IF
OTHERWISE ELIGIBLE SHALL ONLY BE ELIGIBLE FOR MEDICAL ASSISTANCE.
  S 47. Section 131-k of the social services law is REPEALED.
  S  48.  Article  13  of  the  education law is amended by adding a new
section 609 to read as follows:
  S 609. NEW YORK DREAM FUND COMMISSION.  1. (A) THERE SHALL BE  CREATED
A  NEW  YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED TO ADVANCING
THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
  (B) THE NEW YORK DREAM FUND COMMISSION SHALL  BE  COMPOSED  OF  TWELVE
MEMBERS TO BE APPOINTED AS FOLLOWS:
  (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
  (II)  THREE  MEMBERS  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
THE SENATE;
  (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (IV) ONE MEMBER SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
SENATE; AND
  (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY.
  (C)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND  GEOGRAPHIC  DIVERSITY
OF THE STATE.
  (D)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS  AND  FACULTY,  AND  OTHER
INDIVIDUALS  COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE
CHILDREN OF IMMIGRANTS.
  (E) MEMBERS OF THE NEW YORK DREAM FUND  COMMISSION  SHALL  RECEIVE  NO
COMPENSATION FOR THEIR SERVICES.
  2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
  (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
  (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
  (III)  ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
ITY OF RAISING FUNDS FOR THE ADMINISTRATION  OF  THIS  SECTION  AND  ANY
EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
TRATING  AND  FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
GRANTS TO THE UNITED STATES;
  (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
DREAM FUND;
  (V) DEVELOP CRITERIA AND A SELECTION PROCESS  FOR  THE  RECIPIENTS  OF
SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
  (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
THE  COSTS  OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
GRANTS WITHIN HIGHER EDUCATION;
  (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR  HIGH
SCHOOL  COUNSELORS,  ADMISSIONS  OFFICERS, AND FINANCIAL AID OFFICERS OF
INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS  SHALL  INSTRUCT
PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
STUDENTS  WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE  EXTENT  PRACTICA-

S. 776--A                          24

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

S. 776--A                          25

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

S. 776--A                          26

LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S  51.  Paragraph  d  of subdivision 5 of section 661 of the education
law, as amended by chapter 844 of the laws of 1975, is amended  to  read
as follows:
  d.  If  an  applicant for an award allocated on a geographic basis has
more than one residence in this state, his  OR  HER  residence  for  the
purpose  of  this  article shall be his OR HER place of actual residence
during the major part of the year while attending school, as  determined
by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
HAVE  A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO
SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B  OF
THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
INSTITUTION  OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES
OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
  S 52. Paragraph e of subdivision 5 of section  661  of  the  education
law,  as added by chapter 630 of the laws of 2005, is amended to read as
follows:
  e. Notwithstanding any other provision of this article to the  contra-
ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION ARE waived for a member, or the spouse  or  dependent  of  a
member,  of  the  armed  forces of the United States on full-time active
duty and stationed in this state.
  S 53. Paragraph h of subdivision 2 of section 355 of the education law
is amended by adding a new subparagraph 10 to read as follows:
  (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT  LAWFUL  RESIDENT,  A  LAWFUL  NON-IMMIGRANT ALIEN, A NEW YORK
STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE
THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES REDUCED BY STATE-AIDED
PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE
PROVISIONS  OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF
THIS CHAPTER, PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH
IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH  B
OF  SUBDIVISION  FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS TITLE, AS
APPLICABLE.
  S 54. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (d) to read as follows:
  (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS  NOT  A
LEGAL  RESIDENT  OF  NEW  YORK  STATE  BUT IS A UNITED STATES CITIZEN, A
PERMANENT LAWFUL RESIDENT, A LAWFUL  NON-IMMIGRANT  ALIEN,  A  NEW  YORK
STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE
THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES REDUCED BY STATE-AIDED
PROGRAMS,  SCHOLARSHIPS  OR OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE
PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A  OF
THIS CHAPTER, PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH
IN  SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B
OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS
APPLICABLE.
  S 55. Section 6305 of the education law is amended  by  adding  a  new
subdivision 8-a to read as follows:
  8-A.  THE  PAYMENT  OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT  OF
NEW  YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
DENT, A LAWFUL NON-IMMIGRANT ALIEN, A  NEW  YORK  STATE  CITIZEN  OR  AN

S. 776--A                          27

APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY BE REDUCED BY STATE-AID-
ED  PROGRAMS,  SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AWARDED UNDER
THE PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A
OF  THIS  CHAPTER,  PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET
FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF  PARA-
GRAPH  B  OF  SUBDIVISION  FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS
CHAPTER, AS APPLICABLE.
  S 56. Paragraph d of subdivision 3 of section 6451  of  the  education
law,  as  amended by chapter 149 of the laws of 1972, is amended to read
as follows:
  d. Any necessary supplemental financial assistance, which may  include
the  cost of books and necessary maintenance for such enrolled students,
INCLUDING STUDENTS WHO ARE NEW YORK STATE CITIZENS AND STUDENTS  WITHOUT
LAWFUL  IMMIGRATION  STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIRE-
MENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II)
OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED  SIXTY-ONE  OF
THIS  CHAPTER,  AS APPLICABLE; provided, however, that such supplemental
financial assistance shall be furnished pursuant to criteria promulgated
by the commissioner with the approval of the director of the budget.
  S 57. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of the education law, as added by chapter 917 of the laws  of  1970,  is
amended to read as follows:
  (v) Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such students, INCLUDING
STUDENTS  WHO  ARE  NEW  YORK STATE CITIZENS AND STUDENTS WITHOUT LAWFUL
IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS  SET
FORTH  IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARA-
GRAPH B OF SUBDIVISION FIVE OF SECTION SIX  HUNDRED  SIXTY-ONE  OF  THIS
CHAPTER, AS APPLICABLE; provided, however, that such supplemental finan-
cial  assistance  shall be furnished pursuant to criteria promulgated by
such universities and approved by the regents and the  director  of  the
budget.
  S  58. Paragraph (a) of subdivision 2 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read  as
follows:
  (a)  (I) Undergraduate science and technology entry program moneys may
be used for tutoring, counseling, remedial and special  summer  courses,
supplemental  financial  assistance,  program  administration, and other
activities which the commissioner may deem appropriate. To  be  eligible
for  undergraduate  collegiate  science  and  technology  entry  program
support, a student must be a resident of New York [who is], OR MEET  THE
REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
economically disadvantaged or from a minority group historically  under-
represented  in  the  scientific,  technical,  health and health-related
professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
potential for a professional career if provided special services. Eligi-
ble students must be in good academic standing, enrolled full time in an
approved,  undergraduate  level  program  of  study,  as  defined by the
regents.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
WHO  IS  A  UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN, A NEW YORK STATE CITIZEN OR  AN  APPLICANT  WITHOUT
LAWFUL  IMMIGRATION STATUS, SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDER-
GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (1) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND

S. 776--A                          28

APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
UNDERGRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
FIVE  YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY DIPLOMA,
ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR  MORE  YEARS,
GRADUATED  FROM  AN  APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN  FIVE  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S  59. Paragraph (a) of subdivision 3 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read  as
follows:
  (a)  (I)  Graduate  science and technology entry program moneys may be
used for recruitment, academic enrichment, career planning, supplemental
financial assistance, review for licensing examinations, program  admin-
istration,  and  other activities which the commissioner may deem appro-
priate. To be eligible for graduate collegiate  science  and  technology
entry  program  support,  a  student must be a resident of New York [who
is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II)  OF  THIS  PARAGRAPH,
AND  MUST  BE either economically disadvantaged or from a minority group
historically underrepresented in the scientific, technical  and  health-
related  professions.  Eligible students must be in good academic stand-
ing, enrolled full time  in  an  approved  graduate  level  program,  as
defined by the regents.
  (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN, A NEW YORK STATE CITIZEN OR  AN  APPLICANT  WITHOUT
LAWFUL  IMMIGRATION  STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDER-
GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (1) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR  TWO
OR  MORE  YEARS,  GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCATION  FOR
THE  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
TION  FOR  THE  GRADUATE  STUDY  FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY

S. 776--A                          29

COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 60. Subparagraphs (i) and (iii) of paragraph a of subdivision  2  of
section  695-e  of  the  education law, as amended by chapter 593 of the
laws of 2003, are amended to read as follows:
  (i) the name, address and social security number [or], employer  iden-
tification  number,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN  EFFECT  PRIOR
TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN
THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-
TION  NUMBER,  IN  WHICH  CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE
ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
  (iii) the name, address, and social security  number,  EMPLOYER  IDEN-
TIFICATION  NUMBER,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
designated beneficiary, UNLESS A FAMILY  TUITION  ACCOUNT  THAT  WAS  IN
EFFECT  PRIOR  TO  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND SIXTEEN THAT AMENDED THIS SUBPARAGRAPH DOES  NOT  ALLOW  FOR  A
TAXPAYER  IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
  S 61. The president of the higher education services  corporation,  in
consultation  with  the  commissioner  of  education, shall establish an
application form and procedures that shall  allow  a  student  applicant
that  meets the requirements set forth in subparagraph (ii) of paragraph
a or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of
the education law to apply directly to  the  higher  education  services
corporation or education department for applicable awards without having
to submit information to any other state or federal agency. All informa-
tion  contained  within  the applications filed with such corporation or
department shall be deemed confidential.
  S 62. The correction law is amended by adding a new  section  71-b  to
read as follows:
  S  71-B.  PERSONS  NOT  TO  BE DETAINED.   1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CIVIL IMMIGRATION DETAINER" SHALL MEAN A DETAINER ISSUED PURSUANT
TO 8 C.F.R. 287.7.
  (B) "ADMINISTRATIVE WARRANT" SHALL  MEAN  AN  IMMIGRATION  WARRANT  OF
ARREST,  ORDER  TO  DETAIN OR RELEASE ALIENS, NOTICE OF CUSTODY DETERMI-
NATION, NOTICE TO APPEAR, REMOVAL ORDER,  WARRANT  OF  REMOVAL,  OR  ANY
OTHER  DOCUMENT  ISSUED  BY AN IMMIGRATION AGENT THAT CAN FORM THE BASIS
FOR AN INDIVIDUAL'S ARREST OR DETENTION FOR A CIVIL IMMIGRATION PURPOSE.
  (C) "LAW ENFORCEMENT OFFICER" SHALL MEAN ALL OFFICERS,  EMPLOYEES  AND
PERSONS  OTHERWISE  PAID BY OR ACTING AS AGENTS OF ANY MUNICIPAL, COUNTY
OR STATE POLICE DEPARTMENT OR DEPARTMENT OF CORRECTIONS.
  (D) "FEDERAL IMMIGRATION AUTHORITIES" SHALL MEAN ANY OFFICER, EMPLOYEE
OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF UNITED STATES IMMI-
GRATION AND CUSTOMS ENFORCEMENT OR ANY DIVISION  THEREOF  OR  ANY  OTHER
OFFICER,  EMPLOYEE  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF
THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY WHO  IS  CHARGED  WITH
ENFORCEMENT  OF  THE CIVIL PROVISIONS OF THE IMMIGRATION AND NATIONALITY
ACT.

S. 776--A                          30

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

S. 776--A                          31

  S 63. The executive law is amended by adding a new  section  243-a  to
read as follows:
  S  243-A.  PERSONS  NOT  TO  BE  DETAINED. 1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CIVIL IMMIGRATION DETAINER" SHALL MEAN A DETAINER ISSUED PURSUANT
TO 8 C.F.R. 287.7.
  (B) "ADMINISTRATIVE WARRANT" SHALL  MEAN  AN  IMMIGRATION  WARRANT  OF
ARREST,  ORDER  TO  DETAIN OR RELEASE ALIENS, NOTICE OF CUSTODY DETERMI-
NATION, NOTICE TO APPEAR, REMOVAL ORDER,  WARRANT  OF  REMOVAL,  OR  ANY
OTHER  DOCUMENT  ISSUED  BY AN IMMIGRATION AGENT THAT CAN FORM THE BASIS
FOR AN INDIVIDUAL'S ARREST OR DETENTION FOR A CIVIL IMMIGRATION PURPOSE.
  (C) "PROBATION OFFICER" SHALL MEAN ANY  OFFICER,  EMPLOYEE  OR  PERSON
OTHERWISE  PAID  BY OR ACTING AS AN AGENT OF THE OFFICE OF PROBATION AND
CORRECTIONAL ALTERNATIVES, OR ANY COUNTY OR MUNICIPAL PROBATION  DEPART-
MENT.
  (D) "FEDERAL IMMIGRATION AUTHORITIES" SHALL MEAN ANY OFFICER, EMPLOYEE
OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF UNITED STATES IMMI-
GRATION  AND  CUSTOMS  ENFORCEMENT  OR ANY DIVISION THEREOF OR ANY OTHER
OFFICER, EMPLOYEE OR PERSON OTHERWISE PAID BY OR ACTING AS AN  AGENT  OF
THE  UNITED  STATES  DEPARTMENT OF HOMELAND SECURITY WHO IS CHARGED WITH
ENFORCEMENT OF THE CIVIL PROVISIONS OF THE IMMIGRATION  AND  NATIONALITY
ACT.
  (E)  "FACILITY"  SHALL MEAN ANY FACILITY OWNED OR LEASED BY THE STATE,
STAFFED BY PERSONNEL PAID BY  THE  STATE,  OR  USED  PRIMARILY  FOR  THE
CONDUCT  OF  STATE  BUSINESS, INCLUDING BUT NOT LIMITED TO ANY PRISON OR
JAIL OWNED OR OPERATED BY ANY GOVERNMENT ENTITY UNDER THE STATE'S JURIS-
DICTION.
  2. (A) PROBATION OFFICERS SHALL NOT HONOR A CIVIL IMMIGRATION DETAINER
OR ADMINISTRATIVE WARRANT FROM FEDERAL IMMIGRATION OFFICIALS BY:
  (I) HOLDING A PERSON BEYOND THE TIME WHEN SUCH PERSON WOULD  OTHERWISE
BE RELEASED FROM CUSTODY; OR
  (II)  EXPENDING  TIME OR RESOURCES RESPONDING TO INQUIRIES OR COMMUNI-
CATING WITH FEDERAL IMMIGRATION AUTHORITIES OF SUCH PERSON'S  INCARCERA-
TION  STATUS, RELEASE DATES, COURT APPEARANCE DATES, OR ANY OTHER INFOR-
MATION RELATED TO AN INDIVIDUAL IN CUSTODY UNLESS  SUCH  A  RESPONSE  OR
COMMUNICATION IS REQUIRED OR PROTECTED BY LAW.
  (B) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
NAL WARRANT, OR LAW ENFORCEMENT OFFICIALS HAVE A LEGITIMATE LAW ENFORCE-
MENT  PURPOSE THAT IS NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION LAW,
PROBATION OFFICERS SHALL NOT PERMIT ANY FEDERAL IMMIGRATION OFFICIAL TO:
  (I) HAVE ACCESS TO ANY PERSON IN THEIR CUSTODY; OR
  (II) HAVE ACCESS TO ANY FACILITY OWNED OR OPERATED BY THE STATE, OR BY
ANY MUNICIPALITY WITHIN THE STATE,  FOR  THE  PURPOSE  OF  INVESTIGATING
POTENTIAL VIOLATIONS OF THE CIVIL IMMIGRATION LAW.
  (C) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
NAL  WARRANT,  OR  PROBATION  OFFICERS HAVE A LEGITIMATE LAW ENFORCEMENT
PURPOSE THAT IS NOT RELATED TO THE ENFORCEMENT OF  IMMIGRATION  LAW,  NO
PROBATION OFFICER SHALL
  (I)  PROVIDE  ANY  DETAINEE,  INMATE OR BOOKING LISTS TO FEDERAL IMMI-
GRATION OFFICIALS; OR
  (II) EXPEND TIME OR RESOURCES RESPONDING TO INQUIRIES OR COMMUNICATING
WITH FEDERAL IMMIGRATION OFFICIALS, REGARDING ANY PERSON'S INCARCERATION
STATUS, PROBATION STATUS, RELEASE DATE, COURT APPEARANCE  DATES  OR  ANY
OTHER INFORMATION, UNLESS SUCH RESPONSE OR COMMUNICATIONS IS REQUIRED OR
PROTECTED BY LAW.

S. 776--A                          32

  3.  NOTHING  IN  THIS SECTION SHALL AFFECT THE OBLIGATION OF PROBATION
OFFICERS TO MAINTAIN THE CONFIDENTIALITY  OF  ANY  INFORMATION  OBTAINED
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY AUTHORITY
ON ANY ENTITY TO HOLD PERSONS ON CIVIL IMMIGRATION DETAINERS BEYOND  THE
AUTHORITY,  IF  ANY,  THAT  EXISTED  PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION.
  5. THIS SECTION SUPERSEDES ALL CONFLICTING POLICIES, RULES, PROCEDURES
AND PRACTICES OF THE STATE. NOTHING IN THIS SECTION SHALL  BE  CONSTRUED
TO  PROHIBIT  ANY STATE AGENCY FROM COOPERATING WITH FEDERAL IMMIGRATION
AUTHORITIES WHEN REQUIRED UNDER FEDERAL LAW.  NOTHING  IN  THIS  SECTION
SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE ANY POWER, DUTY OR OBLI-
GATION IN CONFLICT WITH ANY FEDERAL, STATE OR LOCAL LAW.
  6.  NOTHING  CONTAINED  IN  THIS  SECTION  OR IN THE ADMINISTRATION OR
APPLICATION HEREOF SHALL BE CONSTRUED AS CREATING ANY PRIVATE  RIGHT  OF
ACTION  ON  THE  PART  OF ANY PERSONS OR ENTITY AGAINST THE STATE OR THE
OFFICE.
  7. ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST, THE  DEPARTMENT  SHALL
POST A REPORT ON THE OFFICE'S WEBSITE THAT INCLUDES THE FOLLOWING INFOR-
MATION FOR THE PRECEDING TWELVE MONTH PERIOD:
  (A)  THE  NUMBER  OF CIVIL IMMIGRATION DETAINERS RECEIVED FROM FEDERAL
IMMIGRATION AUTHORITIES;
  (B) THE NUMBER OF PERSONS HELD PURSUANT TO CIVIL IMMIGRATION DETAINERS
BEYOND THE TIME WHEN SUCH PERSONS WOULD OTHERWISE BE RELEASED  FROM  THE
OFFICE'S CUSTODY;
  (C)  THE NUMBER OF PERSONS TRANSFERRED TO THE CUSTODY OF FEDERAL IMMI-
GRATION AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS; AND
  (D) THE JUSTIFICATION AND LEGAL AUTHORITY  FOR  THE  TRANSFER  OF  ANY
INDIVIDUAL TO THE CUSTODY OF FEDERAL IMMIGRATION AUTHORITIES.
  8.  FOR THE PURPOSE OF THIS SECTION, ANY REFERENCE TO A STATUTE, RULE,
OR REGULATION SHALL BE DEEMED TO INCLUDE ANY SUCCESSOR PROVISION.
  S 64. The executive law is amended by adding a new  section  223-a  to
read as follows:
  S  223-A. PROHIBITION ON RACIAL PROFILING. 1. FOR THE PURPOSES OF THIS
SECTION, "RACIAL PROFILING" SHALL MEAN THE PRACTICE OF A LAW ENFORCEMENT
OFFICER OR AGENCY RELYING, TO ANY DEGREE, ON RACE,  ETHNICITY,  NATIONAL
ORIGIN,  OR RELIGION IN SELECTING WHICH INDIVIDUAL TO SUBJECT TO ROUTINE
OR SPONTANEOUS INVESTIGATORY ACTIVITIES OR IN DECIDING  UPON  THE  SCOPE
AND SUBSTANCE OF LAW ENFORCEMENT ACTIVITY FOLLOWING THE INITIAL INVESTI-
GATORY PROCEDURE, EXCEPT WHEN THERE IS TRUSTWORTHY INFORMATION, RELEVANT
TO THE LOCALITY AND TIMEFRAME, THAT LINKS A PERSON OF A PARTICULAR RACE,
ETHNICITY,  NATIONAL ORIGIN, OR RELIGION TO AN IDENTIFIED CRIMINAL INCI-
DENT OR SCHEME.
  2. THE SUPERINTENDENT OF STATE POLICE AND MEMBERS OF THE  DIVISION  OF
STATE POLICE SHALL NOT ENGAGE IN RACIAL PROFILING.
  3.  THE  DIVISION OF STATE POLICE SHALL MAINTAIN ADEQUATE POLICIES AND
PROCEDURES DESIGNED TO ELIMINATE RACIAL  PROFILING  AND  CEASE  EXISTING
PRACTICES  THAT  PERMIT  RACIAL PROFILING. POLICIES AND PROCEDURES SHALL
INCLUDE:
  (A) A PROHIBITION ON RACIAL PROFILING;
  (B) TRAINING ON RACIAL PROFILING ISSUES AS PART OF STATE POLICE TRAIN-
ING;
  (C) THE COLLECTION OF RELEVANT DATA;
  (D) PROCEDURES FOR RECEIVING, INVESTIGATING AND RESPONDING MEANINGFUL-
LY TO COMPLAINTS ALLEGING RACIAL PROFILING BY MEMBERS OF THE DIVISION OF
STATE POLICE; AND

S. 776--A                          33

  (E) ANY OTHER POLICIES AND PROCEDURES THE SUPERINTENDENT DETERMINES TO
BE NECESSARY TO ELIMINATE RACIAL PROFILING.
  4.  AN INDIVIDUAL INJURED BY RACIAL PROFILING MAY ENFORCE THIS SECTION
IN A CIVIL ACTION FOR DECLARATORY OR INJUNCTIVE RELIEF, UPON PROOF  THAT
THE  ROUTINE  OR  SPONTANEOUS INVESTIGATORY ACTIVITIES OF MEMBERS OF THE
DIVISION OF STATE POLICE HAVE HAD A DISPARATE IMPACT ON RACIAL,  ETHNIC,
OR  RELIGIOUS  MINORITIES AND SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF A
VIOLATION OF THIS SECTION. IN ANY ACTION OR PROCEEDING TO  ENFORCE  THIS
SECTION,  THE  COURT  MAY ALLOW A PREVAILING PLAINTIFF REASONABLE ATTOR-
NEY'S FEES AS PART OF THE COSTS AND MAY INCLUDE EXPERT FEES AS  PART  OF
THE ATTORNEY'S FEE.
  S  65.  The  provisions of this act shall not be construed to conflict
with any provision of federal  law,  rule  or  regulation,  and  in  any
circumstance in which a conflict may exist, the appropriate federal law,
rule or regulation shall be controlling.
  S 66. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided that:
  (a)  the  amendments  to  section 6604-b of the education law, made by
section fourteen of this act,  shall  not  affect  the  repeal  of  such
section and shall be deemed repealed therewith;
  (b) section twenty-eight of this act shall take effect upon the enact-
ment  into law by the state of New Jersey of legislation having an iden-
tical effect with such section, but if the state  of  New  Jersey  shall
have  already enacted such legislation, section twenty-eight of this act
shall take effect on the effective date of this act; provided  that  the
office  for  new  Americans  shall  notify the legislative bill drafting
commission upon the occurrence of the enactment of such  legislation  by
the  state  of  New  Jersey in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating  the  provisions
of  section  44  of  the  legislative law and section 70-b of the public
officers law;
  (c) section thirty-six of this act shall take effect October 3, 2017;
  (d) if chapter 365 of the laws of 2015 shall not have taken effect  on
or before such effective date, then sections thirty-seven, thirty-eight,
forty-two and forty-three of this act shall take effect on the same date
and  in the same manner as chapter 365 of the laws of 2015 takes effect;
and
  (e) effective immediately, the addition, amendment  and/or  repeal  of
any  rule  or regulation necessary for the implementation of this act on
its effective date is authorized and directed to be made  and  completed
on or before such effective date.