Bill Text: NY S01021 | 2019-2020 | General Assembly | Introduced


Bill Title: Enacts the "New York is home act" to establish New York state citizenship, regardless of immigration status, and providing certain rights and benefits to persons with such citizenship.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2019-01-10 - REFERRED TO FINANCE [S01021 Detail]

Download: New_York-2019-S01021-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1021
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 10, 2019
                                       ___________
        Introduced  by  Sens. RIVERA, SERRANO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Finance
        AN ACT to amend the executive law, the election law, the public officers
          law, the tax law, the general obligations law, the education law,  the
          alcoholic  beverage  control law, the general city law, chapter 882 of
          the laws of 1953, establishing a compact with the state of New  Jersey
          for  the elimination of criminal and corrupt practices in the handling
          of waterborne freight within the port of New York district, the public
          health law, the general business law, the real property law, the judi-
          ciary law, the vehicle and traffic law, the social  services  law  and
          the correction law, in relation to enacting the "New York is home act"
          to  establish  New York state citizenship, regardless of federal immi-
          gration status, and requiring the provision of certain rights of  such
          citizenship; to repeal subdivision 1 of section 502 of the vehicle and
          traffic  law relating to applications for drivers' licenses; to repeal
          section 131-k of the social services law relating to  illegal  aliens;
          and to repeal subdivision 3 of section 661 of the education law relat-
          ing to residency for eligibility for student financial aid
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York is home act".
     3    §  2. Legislative findings. The legislature hereby finds that New York
     4  is home to over 19.5 million individuals, including workers,  consumers,
     5  students,  neighbors and taxpayers. The wellbeing of this state is inex-
     6  tricably linked to the wellbeing of all these  New  Yorkers.  These  New
     7  Yorkers  share  a  common destiny and common dreams: a thriving New York
     8  state replete with healthy families, healthy  communities  and  striving
     9  businesses.  New  York is home to these individuals, regardless of their
    10  federal immigration status.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06626-01-9

        S. 1021                             2
     1    This act addresses the compelling need to lift up all state residents,
     2  upon whom this state's society, vibrancy,  health  and  economic  growth
     3  depend.  Our  state  recognizes the value of those who contribute to and
     4  make our state home.
     5    It  also makes economic sense to enable all New Yorkers, who are pres-
     6  ent in and a part of the fabric of our state, to contribute fully to our
     7  state revenue, to participate in our state conversations, and to  access
     8  benefits  that are the foundation of a healthy, thriving New York state.
     9  Although the futures of many New Yorkers are undeniably circumscribed by
    10  current federal immigration law, many of those New Yorkers also enjoy an
    11  inchoate federal permission to be here, and this state enables  them  to
    12  make our state their home, as well. Many of these New Yorkers pay taxes,
    13  with approximately $744 million paid in state and local taxes each year.
    14  However,  current  state  law  prevents them from accessing equal higher
    15  education opportunities, health  care  benefits,  drivers  licenses  and
    16  professional  licenses. Denying New Yorkers these benefits means denying
    17  the state its full potential to succeed.
    18    The state of New York respects the exclusive province of  the  federal
    19  government  to  regulate immigration and the flow of immigrants into and
    20  out of our country. However, this state retains and asserts its historic
    21  authority to define its citizenry, and to  affirmatively  provide  state
    22  and  local  public  benefits  to  citizens of the state of New York. The
    23  state seeks to provide such benefits to all of its  citizens,  irrespec-
    24  tive  of that individual's eligibility for the same under federal law or
    25  pursuant to federal funding. There is nothing in this act that should be
    26  deemed to conflict with federal law.
    27    § 3. The executive law is amended by adding a new article 14-A to read
    28  as follows:
    29                                ARTICLE 14-A
    30                         NEW YORK STATE CITIZENSHIP
    31  Section 275.   Definitions.
    32          275-a. State citizenship; administration.
    33          275-b. Eligibility criteria.
    34          275-c. Acceptability; benefits.
    35          275-d. State agency review.
    36          275-e. Severability.
    37          275-f. Local laws.
    38    § 275. Definitions. As used in this article:
    39    1. "New York state citizen" or "citizen" shall mean any individual who
    40  satisfies the requirements of subdivision one  of  section  two  hundred
    41  seventy-five-c of this article.
    42    2.  "New York state identification card" shall mean the physical iden-
    43  tification card that  a  citizen  is  eligible  to  receive,  and  which
    44  includes  that  citizen's  New York state identification number and such
    45  card's date of issuance.
    46    3. "New York state identification number" shall mean the unique  iden-
    47  tification  number  that  a  citizen is assigned by the office and which
    48  appears on such citizen's New York state identification card.
    49    4. "Office" shall mean the office for  new  Americans  established  by
    50  section ninety-four-b of this chapter.
    51    § 275-a. State citizenship; administration.  1. The provisions of this
    52  article shall be administered by the office. The office shall:
    53    (a)  recognize  the  New  York  state  citizenship  of  any individual
    54  described in subdivision one of section two  hundred  seventy-five-b  of
    55  this  article,  and  grant  and  renew New York state citizenship to any

        S. 1021                             3
     1  individual who meets the  criteria  set  forth  in  subdivision  two  of
     2  section two hundred seventy-five-b of this article;
     3    (b)  grant  a  New  York  state identification card and New York state
     4  identification number to any citizen;
     5    (c) grant a renewed New York state identification card  and  New  York
     6  state  identification number to any citizen described in subdivision one
     7  of section two hundred seventy-five-b of this article, and to any  citi-
     8  zen  described  in subdivision two of section two hundred seventy-five-b
     9  of this article, who demonstrates that  they  continue  to  satisfy  the
    10  criteria set forth therein;
    11    (d)  promulgate  rules  and regulations to effect the purposes of this
    12  article; and
    13    (e) establish, publicize and administer procedures to grant  New  York
    14  state  citizenship,  New  York  state  identification cards and New York
    15  state identification numbers.
    16    2. New York state citizenship shall be a continuing status that  shall
    17  end  when  an  individual  is no longer a resident of the state. The New
    18  York state identification card and New York state identification  number
    19  shall be valid for a period of five years after the date of issuance.
    20    §  275-b.  Eligibility  criteria. Any individual, regardless of his or
    21  her immigration status, who meets either of the  following  requirements
    22  shall be deemed to be a citizen:
    23    1.  is  a resident of the state who is a citizen of the United States;
    24  or
    25    2. is adjudged by the office to satisfy all of the following criteria:
    26    (a) has proof of identity;
    27    (b) has been a resident of the state for not less than three years;
    28    (c) has paid state resident personal income taxes, pursuant to article
    29  twenty-two of the tax law, for a period of not less than  three  taxable
    30  years;  provided however, that such requirement shall not apply to indi-
    31  viduals who are students, primary caregivers,  unable  to  work  due  to
    32  disability,  unemployed or otherwise not required pursuant to such arti-
    33  cle of the tax law to report his or her income;
    34    (d) has pledged to abide by the laws of the state and  to  uphold  the
    35  provisions of the state constitution; and
    36    (e)  has  attested  to  his  or her willingness to serve on jury duty,
    37  pursuant to article sixteen of the judiciary law, and to continue to pay
    38  any taxes required to be paid by him or her pursuant to any provision of
    39  state or local law.
    40    3. (a) The state shall not  retain  originals  or  copies  of  records
    41  provided  by an applicant to prove identity or residency or other eligi-
    42  bility requirements of state citizenship.
    43    (b) To the maximum extent allowed by applicable federal and state law,
    44  information collected about applicants for state  citizenship  shall  be
    45  treated  as  confidential and shall not be disclosed to government enti-
    46  ties or private parties unless such disclosure is:
    47    (i) authorized in writing by the individual to whom  such  information
    48  pertains,  or  if such individual is a minor or is otherwise not legally
    49  competent, by such individual's parent or legal guardian; or
    50    (ii) so ordered by a court of competent jurisdiction.
    51    § 275-c. Acceptability; benefits. 1. Except as otherwise  provided  by
    52  federal  law, a New York state identification card shall be accepted and
    53  be deemed to be valid government identification where a  state  drivers'
    54  license  would be accepted, and the New York state identification number
    55  shall be accepted for use in substitution for a social security number.

        S. 1021                             4
     1    2. Any person in possession of a valid New York  state  identification
     2  card shall not be disqualified from eligibility for any of the following
     3  state  benefits by virtue of his or her lack of documentation of federal
     4  immigration status:
     5    (a)  any  license,  permit,  certificate  or  grant  of permission, as
     6  defined in paragraph c of subdivision one of section 3-503 of the gener-
     7  al obligations law and required by the laws of this state, its political
     8  subdivisions or instrumentalities as a condition for the lawful practice
     9  of any occupation, employment, trade, vocation, business or  profession,
    10  and issued by the state or any political subdivision thereof;
    11    (b) the ability to register for and vote at state and local elections,
    12  as provided in section 5-100 of the election law;
    13    (c) public health benefits;
    14    (d)  a  drivers'  license, pursuant to section five hundred two of the
    15  vehicle and traffic law; and
    16    (e) benefits governed by articles thirteen and fourteen of the  educa-
    17  tion  law,  such  as  general  awards,  academic  performance awards and
    18  student loans for higher education; assistance under the  higher  educa-
    19  tion  opportunity  programs  and  the  collegiate science and technology
    20  entry program; financial aid opportunities for  students  of  the  state
    21  university  of  New  York, the city university of New York and community
    22  colleges; and the New York state college choice tuition savings program.
    23    3. Nothing in this section shall be deemed to deprive  any  individual
    24  of  any  benefit  received  by  him  or her pursuant to law prior to the
    25  effective date of this article.
    26    § 275-d. State agency review.  All state agencies shall  review  their
    27  rules  and  regulations to make sure they are consistent with this arti-
    28  cle, and make such necessary changes within one hundred eighty  days  of
    29  the effective date of this article.
    30    §  275-e. Severability. If any clause, sentence, paragraph, section or
    31  part of this article shall be adjudged by any court of competent  juris-
    32  diction to be invalid, such judgment shall not affect, impair or invali-
    33  date  the  remainder  thereof, but shall be confined in its operation to
    34  the clause, sentence,  paragraph,  section,  or  part  thereof  directly
    35  involved  in  the  controversy  in  which  such judgment shall have been
    36  rendered.
    37    § 275-f. Local laws.  This article shall not  prevent  the  establish-
    38  ment,  continuing  in  effect or enforcement of any law or regulation of
    39  any political subdivision of the  state  that  protects  the  rights  or
    40  fosters  the  integration  of  New  York  state citizens in a manner not
    41  inconsistent with the provisions of this article.
    42    § 4. Subdivision 1 of section 5-102 of the election law is amended  to
    43  read as follows:
    44    1.  No  person  shall  be  qualified  to  register for and vote at any
    45  election unless he or she is a citizen of the United States or he or she
    46  possesses a New York state identification card, and is or  will  be,  on
    47  the  day of such election, eighteen years of age or over, and a resident
    48  of this state and of the county, city or village for a minimum of thirty
    49  days next preceding such election.
    50    § 5. Subdivision 1 of section 3 of the public officers law, as amended
    51  by chapter 251 of the laws of 2014, is amended to read as follows:
    52    1. No person shall be capable of holding a civil office who shall not,
    53  at the time he or she shall be chosen thereto, have attained the age  of
    54  eighteen  years,  except that in the case of youth boards, youth commis-
    55  sions, recreation commissions, or community boards in the  city  of  New
    56  York only, members of such boards or commissions may be under the age of

        S. 1021                             5
     1  eighteen  years,  but  must have attained the age of sixteen years on or
     2  before appointment to such youth  board,  youth  commission,  recreation
     3  commission,  or community board in the city of New York, be a citizen of
     4  the  United States or a New York state citizen, a resident of the state,
     5  and if it be a local office, a resident of the political subdivision  or
     6  municipal  corporation of the state for which he or she shall be chosen,
     7  or within which the electors electing him or her reside, or within which
     8  his or her official functions are required to be exercised, or who shall
     9  have been or shall be convicted of a violation of  the  selective  draft
    10  act  of  the  United  States,  enacted  May eighteenth, nineteen hundred
    11  seventeen, or the acts amendatory or supplemental  thereto,  or  of  the
    12  federal  selective training and service act of nineteen hundred forty or
    13  the acts amendatory thereof or supplemental thereto.
    14    § 6. Subparagraphs vi and vii of paragraph (b)  of  subdivision  2  of
    15  section  89 of the public officers law, as amended by section 11 of part
    16  U of chapter 61 of the laws of 2011, are amended and  two  new  subpara-
    17  graphs viii and ix are added to read as follows:
    18    vi.  information  of a personal nature contained in a workers' compen-
    19  sation record, except as provided by section one hundred  ten-a  of  the
    20  workers' compensation law; [or]
    21    vii.  disclosure  of electronic contact information, such as an e-mail
    22  address or a social network username, that has  been  collected  from  a
    23  taxpayer under section one hundred four of the real property tax law[.];
    24    viii. disclosure of information used to obtain New York state citizen-
    25  ship  on  a New York state identification card including but not limited
    26  to names, addresses and identifying information of recipients or  appli-
    27  cants  of  such  citizenship  or  cards,  and any information that could
    28  reasonably be expected to lead to such disclosure; or
    29    ix. disclosure of information when disclosure would  result  in  iden-
    30  tification of people who are New York state citizens.
    31    §  7. Subdivision 2 of section 5 of the tax law, as amended by chapter
    32  170 of the laws of 1994, is amended to read as follows:
    33    2. Requiring information. Notwithstanding any other provision of  law,
    34  every  covered  agency  shall,  as  part  of the procedure for granting,
    35  renewing, amending, supplementing or restating the license of any person
    36  or at the time the covered agency contracts  to  purchase  or  purchases
    37  goods  or  services or leases real or personal property from any person,
    38  require that each  such  person  provide  to  the  covered  agency  such
    39  person's  federal  social security account number [or], federal employer
    40  identification number or New York state identification number, or [both]
    41  all such numbers  when  such  person  has  [both]  more  than  one  such
    42  [numbers]  number,  or,  where  such person does not have such number or
    43  numbers, the reason or reasons why such person does not have such number
    44  or numbers. Such numbers or reasons shall be obtained  by  such  covered
    45  agency  as  part  of the administration of the taxes administered by the
    46  commissioner for the  purpose  of  establishing  the  identification  of
    47  persons affected by such taxes.
    48    §  8. Subparagraph 3 of paragraph (a) of subdivision 3 of section 5 of
    49  the tax law, as amended by chapter 170 of the laws of 1994,  is  amended
    50  to read as follows:
    51    (3)  federal  social  security  account  number [or], federal employer
    52  identification number or New York state identification number, or [both]
    53  all such numbers where  such  person  has  [both]  more  than  one  such
    54  [numbers]  number,  or  the reason or reasons, furnished by such person,
    55  why such person does not have such number or numbers.

        S. 1021                             6
     1    § 9. The opening paragraph of subdivision 2 of section  3-503  of  the
     2  general  obligations law, as amended by chapter 398 of the laws of 1997,
     3  is amended to read as follows:
     4    Every  applicant for a license or renewal thereof shall provide his or
     5  her social security number or, if he or she does not have a social secu-
     6  rity number, his or her New York  state  identification  number  on  the
     7  application.    Additionally,  every  applicant for a license or renewal
     8  thereof shall certify in the application in a  written  statement  under
     9  oath,  duly sworn and subscribed, that as of the date the application is
    10  filed he or she is (or is not) under obligation to pay child support and
    11  that if he or she is under such an obligation, that he or she  does  (or
    12  does not) meet one of the following requirements:
    13    §  10. Paragraph (f) of subdivision 6 of section 6506 of the education
    14  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    15  as follows:
    16    (f)  Citizenship  or  immigration  status:  be a United States citizen
    17  [or], an alien lawfully admitted for permanent residence in  the  United
    18  States or a New York state citizen;
    19    §  11.  Subdivision 6 of section 6524 of the education law, as amended
    20  by chapter 379 of the laws of 2008, is amended to read as follows:
    21    (6) Citizenship or immigration status:  be  a  United  States  citizen
    22  [or],  an  alien lawfully admitted for permanent residence in the United
    23  States[; provided, however that the board of regents may grant  a  three
    24  year waiver for an alien physician to practice in an area which has been
    25  designated  by  the department as medically underserved, except that the
    26  board of regents may grant an additional extension  not  to  exceed  six
    27  years  to  an alien physician to enable him or her to secure citizenship
    28  or permanent resident status, provided such  status  is  being  actively
    29  pursued;  and  provided  further  that the board of regents may grant an
    30  additional three year waiver, and at its expiration, an extension for  a
    31  period  not  to  exceed  six additional years, for the holder of an H-1b
    32  visa, an O-1 visa, or an equivalent or successor visa thereto] or a  New
    33  York state citizen;
    34    §  12.  Subdivision 6 of section 6554 of the education law, as amended
    35  by chapter 133 of the laws of 1982, is amended to read as follows:
    36    (6) Citizenship or immigration status:  be  a  United  States  citizen
    37  [or],  an  alien lawfully admitted for permanent residence in the United
    38  States or a New York state citizen;
    39    § 13. Subdivision 6 of section 6604 of the education law,  as  amended
    40  by chapter 403 of the laws of 2002, is amended to read as follows:
    41    (6)  Citizenship  or  immigration  status:  be a United States citizen
    42  [or], an alien lawfully admitted for permanent residence in  the  United
    43  States[;  provided, however, that the board of regents may grant a three
    44  year waiver for an alien to practice in an area which  has  been  desig-
    45  nated a federal dental health professions shortage area, except that the
    46  board  of  regents  may  grant an additional extension not to exceed six
    47  years to an alien to enable him or her to secure citizenship  or  perma-
    48  nent resident status, provided such status is being actively pursued] or
    49  a New York state citizen;
    50    §  14.  Subdivision 7 of section 6604-b of the education law, as added
    51  by chapter 537 of the laws of 2008, is amended to read as follows:
    52    7. In order to be eligible for a restricted dental faculty license  an
    53  applicant must be a United States citizen [or], an alien lawfully admit-
    54  ted  for  permanent  residence in the United States[; provided, however,
    55  that the department may grant a three  year  waiver  for  an  alien  who
    56  otherwise  meets  all other requirements for a restricted dental faculty

        S. 1021                             7

     1  license except that the department may grant an additional extension not
     2  to exceed six years to an alien to enable him or her to secure  citizen-
     3  ship or permanent resident status, provided such status is being active-
     4  ly  pursued.  No current faculty member shall be displaced by the holder
     5  of a restricted dental faculty license] or a New York state citizen.
     6    § 15. Subdivision 6 of section 6609 of the education law,  as  amended
     7  by chapter 403 of the laws of 2002, is amended to read as follows:
     8    (6)  Citizenship  or  immigration  status:  be a United States citizen
     9  [or], an alien lawfully admitted for permanent residence in  the  United
    10  States[;  provided, however, that the board of regents may grant a three
    11  year waiver for an alien to practice in an area which  has  been  desig-
    12  nated a federal dental health professions shortage area, except that the
    13  board  of  regents  may  grant an additional extension not to exceed six
    14  years to an alien to enable him or her to secure citizenship  or  perma-
    15  nent resident status, provided such status is being actively pursued] or
    16  a New York state citizen;
    17    §  16.  Subdivision 6 of section 6704 of the education law, as amended
    18  by chapter 201 of the laws of 2007, is amended to read as follows:
    19    (6) Citizenship or immigration status:  be  a  United  States  citizen
    20  [or],  an  alien lawfully admitted for permanent residence in the United
    21  States[; provided, however that the board of regents may  grant  a  one-
    22  time  three-year  waiver  for  a  veterinarian  who  otherwise meets the
    23  requirements of this article and who has accepted an offer  to  practice
    24  veterinary  medicine  in  a county in the state which the department has
    25  certified as having a shortage of qualified applicants to fill  existing
    26  vacancies in veterinary medicine, and provided further that the board of
    27  regents  may  grant  an  extension of such three-year waiver of not more
    28  than one year] or a New York state citizen;
    29    § 17. Subdivision 6 of section 6711 of the education law,  as  amended
    30  by chapter 80 of the laws of 2000, is amended to read as follows:
    31    6. Citizenship or immigration status: be a United States citizen [or],
    32  an  alien  lawfully  admitted  for  permanent  residence  in  the United
    33  States[; provided, however that the board of regents may  grant  a  one-
    34  time  three-year  waiver  for  an animal health technician who otherwise
    35  meets the requirements of this article and  provided  further  that  the
    36  board of regents may grant an extension of such three-year waiver of not
    37  more than one year] or a New York state citizen;
    38    § 18. Subdivision 1 of section 6711-a of the education law, as amended
    39  by chapter 333 of the laws of 1990, is amended to read as follows:
    40    1.  Eligibility.  Persons  shall  be eligible for a limited permit who
    41  fulfill all requirements for a license as a veterinary technician except
    42  those relating to the examination [and citizenship  or  permanent  resi-
    43  dence in the United States].
    44    §  19.  Paragraph  6 of subdivision 1 of section 6805 of the education
    45  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    46  as follows:
    47    (6)  Citizenship  or  immigration  status:  be a United States citizen
    48  [or], an alien lawfully admitted for permanent residence in  the  United
    49  States or a New York state citizen;
    50    §  20. Subdivision 6 of section 6955 of the education law, as added by
    51  chapter 327 of the laws of 1992, is amended to read as follows:
    52    6. Citizenship or immigration status: be a United States citizen [or],
    53  an alien lawfully admitted for permanent residence in the United  States
    54  or a New York state citizen.

        S. 1021                             8
     1    §  21.  Paragraph  6 of subdivision 1 of section 7206 of the education
     2  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
     3  as follows:
     4    (6)  Citizenship  or  immigration  status:  be a United States citizen
     5  [or], an alien lawfully admitted for permanent residence in  the  United
     6  States or a New York state citizen;
     7    §  22. Paragraph 6 of subdivision 1 of section 7206-a of the education
     8  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
     9  as follows:
    10    (6)  Citizenship  or  immigration  status:  be a United States citizen
    11  [or], an alien lawfully admitted for permanent residence in  the  United
    12  States or a New York state citizen;
    13    §  23.  Paragraph  6 of subdivision 1 of section 7324 of the education
    14  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    15  as follows:
    16    (6)  Citizenship  or  immigration  status:  be a United States citizen
    17  [or], an alien lawfully admitted for permanent residence in  the  United
    18  States or a New York state citizen;
    19    §  24.  Paragraph  6 of subdivision 1 of section 7504 of the education
    20  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    21  as follows:
    22    (6) Citizenship or immigration status: be a United States citizen [or]
    23  ,  an  alien  lawfully  admitted  for  permanent residence in the United
    24  States or a New York state citizen;
    25    § 25. Subdivision 5 of section 7804 of the education law,  as  amended
    26  by chapter 230 of the laws of 1997, is amended to read as follows:
    27    (5)  Citizenship  or  immigration  status:  be a United States citizen
    28  [or], an alien lawfully admitted for permanent residence in  the  United
    29  States or a New York state citizen;
    30    §  26.  Subdivisions  3 and 4 of section 126 of the alcoholic beverage
    31  control law, subdivision 3 as added by chapter 133 of the laws  of  1982
    32  and  subdivision  4  as  amended by section 50 of subpart B of part C of
    33  chapter 62 of the laws of 2011, are amended to read as follows:
    34    3. A person who is not a citizen of the United States [or],  an  alien
    35  lawfully  admitted for permanent residence in the United States or a New
    36  York state citizen.
    37    4. A copartnership or a corporation, unless each member of  the  part-
    38  nership,  or  each of the principal officers and directors of the corpo-
    39  ration, is a citizen of the United States [or], an alien lawfully admit-
    40  ted for permanent residence in the United States or  a  New  York  state
    41  citizen,  not  less  than  twenty-one  years  of  age,  and has not been
    42  convicted of any felony or any of the misdemeanors, specified in section
    43  eleven hundred forty-six of the former penal law as in force and  effect
    44  immediately  prior  to September first, nineteen hundred sixty-seven, or
    45  of an offense defined in section 230.20 or 230.40 of the penal  law,  or
    46  if  so  convicted has received, subsequent to such conviction, an execu-
    47  tive pardon therefor removing this  disability  a  certificate  of  good
    48  conduct  granted  by  the department of corrections and community super-
    49  vision, or a certificate of relief  from  disabilities  granted  by  the
    50  department  of  corrections and community supervision or a court of this
    51  state  pursuant  to  the  provisions  of  article  twenty-three  of  the
    52  correction  law  to  remove the disability under this section because of
    53  such conviction; provided however that  a  corporation  which  otherwise
    54  conforms to the requirements of this section and chapter may be licensed
    55  if  each  of its principal officers and more than one-half of its direc-
    56  tors are citizens of the United States [or],  aliens  lawfully  admitted

        S. 1021                             9
     1  for permanent residence in the United States or New York state citizens;
     2  and provided further that a corporation organized under the not-for-pro-
     3  fit corporation law or the education law which otherwise conforms to the
     4  requirements  of this section and chapter may be licensed if each of its
     5  principal officers and more than one-half of its directors are not  less
     6  than  twenty-one  years  of  age and none of its directors are less than
     7  eighteen years of age; and provided further that a corporation organized
     8  under the not-for-profit  corporation  law  or  the  education  law  and
     9  located  on  the  premises of a college as defined by section two of the
    10  education law which otherwise  conforms  to  the  requirements  of  this
    11  section  and  chapter  may be licensed if each of its principal officers
    12  and each of its directors are not less than eighteen years of age.
    13    § 27. Section 10 of the general city law, as amended by chapter 133 of
    14  the laws of 1982, is amended to read as follows:
    15    § 10. Licenses to adult blind persons. The mayor  of  any  city  shall
    16  have  the  power  to  issue  a license to any adult blind person for the
    17  vending of goods, or newspapers in such places as  he  or  she  may  set
    18  aside  for  this  purpose. The license shall be issued for a term of one
    19  year and no charge shall be made for the license. A license shall not be
    20  issued to a blind person unless he or she is a resident for three  years
    21  in  the  city  in  which  application for such license is made, and is a
    22  citizen of the United States [or], an alien lawfully admitted for perma-
    23  nent residence in the United States or a New York state citizen.
    24    This license shall be revocable only for cause.
    25    § 28. Paragraphs (a) and (c) of subdivision 2 of article X of  section
    26  1  of  part I of chapter 882 of the laws of 1953, establishing a compact
    27  with the state of New Jersey for the elimination of criminal and corrupt
    28  practices in the handling of waterborne freight within the port  of  New
    29  York district, are amended to read as follows:
    30    (a)  The  full  name,  residence, business address (if any), place and
    31  date of birth, and the social security number  or  the  New  York  state
    32  identification number of the applicant;
    33    (c)  The  citizenship of the applicant and, if he or she is a natural-
    34  ized citizen of the United States, the court and  date  of  his  or  her
    35  naturalization, or if he or she is a New York state citizen, the date of
    36  issuance of his or her New York state identification card; and
    37    §  29.  Paragraph  (a)  of subdivision 2 of section 3421 of the public
    38  health law, as amended by chapter 534 of the laws of 1983, is amended to
    39  read as follows:
    40    (a) is a citizen of the United States [or], an alien lawfully admitted
    41  for permanent residence in  the  United  States  or  a  New  York  state
    42  citizen;
    43    §  30.  Section  41 of the general business law, as amended by chapter
    44  321 of the laws of 1983, is amended to read as follows:
    45    § 41. Licenses, how obtained; penalty for carrying on business without
    46  license. The mayor or such local licensing authority may  from  time  to
    47  time  grant,  under  his or her hand and the official seal of his or her
    48  office, to such citizens of the  United  States,  [or]  aliens  lawfully
    49  admitted  for permanent residence in the United States or New York state
    50  citizens, as he or she shall deem proper and who shall produce to him or
    51  her satisfactory evidence of their good character, a license authorizing
    52  such person to carry on the business of a collateral loan broker,  which
    53  license  shall  designate  the house in which such person shall carry on
    54  said business, and no person, corporation,  partnership  or  firm  shall
    55  carry  on  the  business  of a collateral loan broker without being duly
    56  licensed, nor in any  other  house  than  the  one  designated  in  said

        S. 1021                            10
     1  license,  under a penalty of one hundred dollars for each day he, she or
     2  they shall exercise or carry on said business without such license or at
     3  any other house than the one so designated. Any  person  receiving  such
     4  license  shall  pay therefor the sum of five hundred dollars for the use
     5  of the city yearly where such business is to be conducted in a city with
     6  a population of more than one million persons, and where the business is
     7  to be conducted elsewhere the fee for such license shall not exceed  two
     8  hundred  fifty  dollars  yearly, and every such license shall expire one
     9  year from the date thereof, and may be renewed  on  application  to  the
    10  mayor or local licensing authority each and every year on payment of the
    11  same  sum and upon performance of the other conditions herein contained.
    12  Every person so licensed shall, at the time of receiving  such  license,
    13  file  with the mayor or such local licensing authority granting the same
    14  a bond to the local  authorities,  to  be  executed  by  the  person  so
    15  licensed  and by two responsible sureties, in the penal sum of ten thou-
    16  sand dollars, to be approved by such mayor or local licensing authority,
    17  which bond shall be conditioned for  the  faithful  performance  of  the
    18  duties  and  obligations pertaining to the business so licensed, and the
    19  mayor or such local  licensing  authority  shall  have  full  power  and
    20  authority to revoke such license for cause.
    21    §  31.  Subdivision  1  of  section 72 of the general business law, as
    22  amended by chapter 164 of the laws  of  2003,  is  amended  to  read  as
    23  follows:
    24    1.  If  the applicant is a person, the application shall be subscribed
    25  by such person, and if the applicant is a firm or partnership the appli-
    26  cation shall be subscribed by each individual composing or intending  to
    27  compose  such  firm or partnership. The application shall state the full
    28  name, age, residences within the past three years, present and  previous
    29  occupations  of each person or individual so signing the same, that each
    30  person or individual is a citizen of the United States  [or],  an  alien
    31  lawfully  admitted for permanent residence in the United States or a New
    32  York state citizen and shall also specify the name of the city, town  or
    33  village,  stating  the  street and number, if the premises have a street
    34  and number, and otherwise such apt description as will reasonably  indi-
    35  cate the location thereof, where is to be located the principal place of
    36  business and the bureau, agency, sub-agency, office or branch office for
    37  which  the license is desired, and such further facts as may be required
    38  by the department of state to show the good  character,  competency  and
    39  integrity of each person or individual so signing such application. Each
    40  person  or individual signing such application shall, together with such
    41  application, submit to the department of state, his or  her  photograph,
    42  taken within six months prior thereto in duplicate, in passport size and
    43  also  two  sets of fingerprints of his or her two hands recorded in such
    44  manner as may be specified by the secretary of state or the secretary of
    45  state's authorized representative. Before approving such application  it
    46  shall  be the duty of the secretary of state or the secretary of state's
    47  authorized representative to forward one copy of  such  fingerprints  to
    48  the  division of criminal justice services. Upon receipt of such finger-
    49  prints, such division shall forward to the secretary of state  a  report
    50  with  respect to the applicant's previous criminal history, if any, or a
    51  statement that the applicant has no previous criminal history  according
    52  to  its  files.  If  additional  copies of fingerprints are required the
    53  applicant shall furnish them upon  request.  Such  fingerprints  may  be
    54  submitted to the federal bureau of investigation for a national criminal
    55  history  record check. The secretary shall reveal the name of the appli-
    56  cant to the chief of police and the district attorney of the applicant's

        S. 1021                            11
     1  residence and of the proposed place of business  and  shall  request  of
     2  them  a  report  concerning  the applicant's character in the event they
     3  shall have information concerning it.  The  secretary  shall  take  such
     4  other steps as may be necessary to investigate the honesty, good charac-
     5  ter  and integrity of each applicant. Every such applicant for a license
     6  as private investigator shall  establish  to  the  satisfaction  of  the
     7  secretary of state (a) if the applicant be a person, or, (b) in the case
     8  of  a  firm,  limited  liability company, partnership or corporation, at
     9  least one member of such firm, partnership, limited liability company or
    10  corporation, has been regularly employed, for a period of not less  than
    11  three  years,  undertaking  such  investigations  as  those described as
    12  performed by a private investigator in subdivision one of section seven-
    13  ty-one of this article, as a sheriff, police officer in a city or county
    14  police department, or the division of state police, investigator  in  an
    15  agency of the state, county, or United States government, or employee of
    16  a  licensed  private investigator, or has had an equivalent position and
    17  experience or that such person or member was an  employee  of  a  police
    18  department who rendered service therein as a police officer for not less
    19  than  twenty  years or was an employee of a fire department who rendered
    20  service therein as a fire marshal for not less than twenty years. Howev-
    21  er, employment as a watchman, guard or private patrolman  shall  not  be
    22  considered  employment  as a "private investigator" for purposes of this
    23  section. Every such applicant for a license as watch,  guard  or  patrol
    24  agency shall establish to the satisfaction of the secretary of state (a)
    25  if  the  applicant  be  a person, or, (b) in the case of a firm, limited
    26  liability company, partnership or corporation, at least  one  member  of
    27  such  firm,  partnership,  limited liability company or corporation, has
    28  been regularly employed, for a  period  of  not  less  than  two  years,
    29  performing  such duties or providing such services as described as those
    30  performed or furnished by a watch, guard or patrol agency in subdivision
    31  two of section seventy-one of this article, as a sheriff, police officer
    32  in a city or county police department, or employee of an agency  of  the
    33  state,  county or United States government, or licensed private investi-
    34  gator or watch, guard or patrol agency, or has had an  equivalent  posi-
    35  tion  and  experience;  qualifying  experience shall have been completed
    36  within such period of time and at such time prior to the filing  of  the
    37  application  as  shall  be  satisfactory  to the secretary of state. The
    38  person or member meeting the experience requirement under this  subdivi-
    39  sion and the person responsible for the operation and management of each
    40  bureau,  agency,  sub-agency,  office  or branch office of the applicant
    41  shall provide sufficient proof of having  taken  and  passed  a  written
    42  examination  prescribed  by  the secretary of state to test their under-
    43  standing of their rights, duties and powers as  a  private  investigator
    44  and/or  watchman, guard or private patrolman, depending upon the work to
    45  be performed under the license. In the case of an application subscribed
    46  by a resident of the  state  of  New  York  such  application  shall  be
    47  approved,  as to each resident person or individual so signing the same,
    48  but not less than five reputable citizens of the community in which such
    49  applicant resides or transacts business, or in which it is  proposed  to
    50  own,  conduct, manage or maintain the bureau, agency, sub-agency, office
    51  or branch office for which the license is desired, each  of  whom  shall
    52  subscribe and affirm as true, under the penalties of perjury, that he or
    53  she  has  personally known the said person or individual for a period of
    54  at least five years prior to the filing of such application, that he  or
    55  she  has  read such application and believes each of the statements made
    56  therein to be true, that such person is honest, of  good  character  and

        S. 1021                            12
     1  competent,  and  not related or connected to the person so certifying by
     2  blood or marriage. In the case of an application subscribed by a non-re-
     3  sident of the state of New York such application shall be  approved,  as
     4  to  each  non-resident  person  or individual so signing the same by not
     5  less than five reputable citizens of the community in which such  appli-
     6  cant  resides.  The  certificate  of  approval  shall  be signed by such
     7  reputable citizens and duly verified and acknowledged by them before  an
     8  officer  authorized  to  take  oaths  and  acknowledgment  of deeds. All
     9  provisions of this section, applying to corporations, shall  also  apply
    10  to  joint-stock  associations, except that each such joint-stock associ-
    11  ation shall file a duly certified copy of its certificate  of  organiza-
    12  tion  in  the place of the certified copy of its certificate of incorpo-
    13  ration herein required.
    14    § 32. Subdivision 4 of section 89-h of the general  business  law,  as
    15  added by chapter 336 of the laws of 1992, is amended to read as follows:
    16    4.  Citizenship:  be a United States citizen [or], a resident alien of
    17  the United States or a New York state citizen;
    18    § 33. The first undesignated paragraph of section 440-a  of  the  real
    19  property  law,  as amended by section 23 of part LL of chapter 56 of the
    20  laws of 2010, is amended to read as follows:
    21    No person, co-partnership, limited liability  company  or  corporation
    22  shall  engage  in  or  follow  the  business  or  occupation of, or hold
    23  himself, herself or itself out or act temporarily or otherwise as a real
    24  estate broker or real  estate  salesman  in  this  state  without  first
    25  procuring  a  license  therefor  as  provided in this article. No person
    26  shall be entitled to a license as a real estate broker under this  arti-
    27  cle, either as an individual or as a member of a co-partnership, or as a
    28  member  or  manager of a limited liability company or as an officer of a
    29  corporation, unless he or she is twenty years of age or over, a  citizen
    30  of  the  United  States  [or],  an alien lawfully admitted for permanent
    31  residence in the United States or a New York state  citizen.  No  person
    32  shall  be  entitled  to  a  license as a real estate salesman under this
    33  article unless he or she is over the age of eighteen  years.  No  person
    34  shall  be  entitled  to a license as a real estate broker or real estate
    35  salesman under this article who has been  convicted  in  this  state  or
    36  elsewhere  of  a felony, of a sex offense, as defined in subdivision two
    37  of section one hundred  sixty-eight-a  of  the  correction  law  or  any
    38  offense  committed  outside  of  this state which would constitute a sex
    39  offense, or a sexually violent offense, as defined in subdivision  three
    40  of  section  one  hundred  sixty-eight-a  of  the  correction law or any
    41  offense committed outside this state which would constitute  a  sexually
    42  violent  offense, and who has not subsequent to such conviction received
    43  executive pardon therefor or a certificate of relief  from  disabilities
    44  or a certificate of good conduct pursuant to article twenty-three of the
    45  correction  law,  to remove the disability under this section because of
    46  such conviction. No person shall be entitled to  a  license  as  a  real
    47  estate  broker  or  real estate salesman under this article who does not
    48  meet the requirements of section 3-503 of the general obligations law.
    49    § 34. Section 460 of the judiciary law, as amended by chapter  226  of
    50  the laws of 1985, is amended to read as follows:
    51    § 460. Examination and admission of attorneys. An applicant for admis-
    52  sion  to  practice  as  an attorney or counsellor in this state, must be
    53  examined and licensed to practice as prescribed in this chapter  and  in
    54  the rules of the court of appeals.  Race, creed, color, national origin,
    55  alienage  [or], sex, status as a New York state citizen or federal immi-

        S. 1021                            13
     1  gration card shall constitute no cause for refusing any person  examina-
     2  tion or admission to practice.
     3    §  35.  Subdivision 1 of section 502 of the vehicle and traffic law is
     4  REPEALED and a new subdivision 1 is added to read as follows:
     5    1. Application for license. (a) Application  for  a  driver's  license
     6  shall  be  made  to  the  commissioner. The fee prescribed by law may be
     7  submitted with such application. The applicant shall furnish such  proof
     8  of  identity,  age,  and fitness as may be required by the commissioner.
     9  The commissioner may also provide that the application  procedure  shall
    10  include  the  taking  of  a  photo  image  or images of the applicant in
    11  accordance with rules and regulations prescribed by the commissioner. In
    12  addition, the commissioner also shall require that the applicant provide
    13  his or her social security number or a  New  York  state  identification
    14  number  and shall provide space on the application so that the applicant
    15  may register in the New York state organ and tissue donor registry under
    16  section forty-three hundred ten  of  the  public  health  law  with  the
    17  following stated on the application in clear and conspicuous type:
    18    "You  must  fill out the following section: Would you like to be added
    19  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
    20  tion'."
    21    The  commissioner  of  health shall not maintain records of any person
    22  who checks "skip this question". Except where the application is made in
    23  person or electronically, failure to check a box shall  not  impair  the
    24  validity of an application, and failure to check "yes" or checking "skip
    25  this  question" shall not be construed to imply a wish not to donate. In
    26  the case of an applicant under eighteen years  of  age,  checking  "yes"
    27  shall  not constitute consent to make an anatomical gift or registration
    28  in the donate life registry. Where an applicant has previously consented
    29  to make an anatomical gift or registered in the  donate  life  registry,
    30  checking "skip this question" or failing to check a box shall not impair
    31  that consent or registration. In addition, an applicant for a commercial
    32  driver's  license  who will operate a commercial motor vehicle in inter-
    33  state commerce shall certify that such applicant meets the  requirements
    34  to  operate  a  commercial  motor  vehicle,  as  set forth in public law
    35  99-570, title XII, and title 49 of the code of federal regulations,  and
    36  all  regulations promulgated by the United States secretary of transpor-
    37  tation under the hazardous materials transportation act. In addition, an
    38  applicant for a commercial  driver's  license  shall  submit  a  medical
    39  certificate  at  such intervals as required by the federal motor carrier
    40  safety improvement act of 1999 and Part 383.71(h) of  title  49  of  the
    41  code  of  federal regulations relating to medical certification and in a
    42  manner prescribed by the commissioner.  For purposes of this section and
    43  sections five hundred three, five hundred ten-a, and five hundred ten-aa
    44  of this title, the terms  "medical  certificate"  and  "medical  certif-
    45  ication" shall mean a form substantially in compliance with the form set
    46  forth  in Part 391.43(h) of title 49 of the code of federal regulations.
    47  Upon a determination that the holder of a  commercial  driver's  license
    48  has  made  any false statement, with respect to the application for such
    49  license, the commissioner shall revoke such license.
    50    (b) The commissioner shall promulgate rules and regulations clarifying
    51  that eligibility for a driver's license shall not require  an  applicant
    52  to  provide  a  social security number as proof of identity. The commis-
    53  sioner shall provide for the acceptance of alternative proofs of identi-
    54  ty, including New York state identification cards,  foreign  identifica-
    55  tion cards, foreign birth certificates and foreign passports.

        S. 1021                            14
     1    §  36. Subdivision 1 of section 502 of the vehicle and traffic law, as
     2  added by section thirty-five of this act, is amended to read as follows:
     3    1.  Application  for  license.  (a) Application for a driver's license
     4  shall be made to the commissioner. The fee  prescribed  by  law  may  be
     5  submitted  with such application. The applicant shall furnish such proof
     6  of identity, age, and fitness as may be required  by  the  commissioner.
     7  The  commissioner  may also provide that the application procedure shall
     8  include the taking of a photo  image  or  images  of  the  applicant  in
     9  accordance with rules and regulations prescribed by the commissioner. In
    10  addition, the commissioner also shall require that the applicant provide
    11  his  or  her  social  security number or a New York state identification
    12  number and [shall] provide space on the application so that  the  appli-
    13  cant  may register in the New York state organ and tissue donor registry
    14  under section forty-three hundred ten of the public health law [with the
    15  following stated on the application in clear and conspicuous type:
    16    "You must fill out the following section: Would you like to  be  added
    17  to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
    18  tion'."
    19    The commissioner of health shall not maintain records  of  any  person
    20  who checks "skip this question". Except where the application is made in
    21  person  or  electronically,  failure to check a box shall not impair the
    22  validity of an application, and failure to check "yes" or checking "skip
    23  this question" shall not be construed to imply a wish not to donate.  In
    24  the  case  of  an  applicant under eighteen years of age, checking "yes"
    25  shall not constitute consent to make an anatomical gift or  registration
    26  in the donate life registry. Where an applicant has previously consented
    27  to  make  an  anatomical gift or registered in the donate life registry,
    28  checking "skip this question" or failing to check a box shall not impair
    29  that consent or registration]. In addition, an applicant for  a  commer-
    30  cial  driver's  license  who  will operate a commercial motor vehicle in
    31  interstate commerce shall certify that such applicant meets the require-
    32  ments to operate a commercial motor vehicle, as set forth in public  law
    33  99-570,  title XII, and title 49 of the code of federal regulations, and
    34  all regulations promulgated by the United States secretary of  transpor-
    35  tation under the hazardous materials transportation act. In addition, an
    36  applicant  for  a  commercial  driver's  license  shall submit a medical
    37  certificate at such intervals as required by the federal  motor  carrier
    38  safety  improvement  act  of  1999 and Part 383.71(h) of title 49 of the
    39  code of federal regulations relating to medical certification and  in  a
    40  manner  prescribed by the commissioner. For purposes of this section and
    41  sections five hundred three, five hundred ten-a, and five hundred ten-aa
    42  of this title, the terms  "medical  certificate"  and  "medical  certif-
    43  ication" shall mean a form substantially in compliance with the form set
    44  forth  in Part 391.43(h) of title 49 of the code of federal regulations.
    45  Upon a determination that the holder of a  commercial  driver's  license
    46  has  made  any false statement, with respect to the application for such
    47  license, the commissioner shall revoke such license.
    48    (b) The commissioner shall promulgate rules and regulations clarifying
    49  that eligibility for a driver's license shall not require  an  applicant
    50  to  provide  a  social security number as proof of identity. The commis-
    51  sioner shall provide for the acceptance of alternative proofs of identi-
    52  ty, including New York state identification cards,  foreign  identifica-
    53  tion cards, foreign birth certificates and foreign passports.
    54    § 37. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
    55  of the executive law, as amended by chapter 365 of the laws of 2015, are
    56  amended to read as follows:

        S. 1021                            15
     1    (a)  For  an  employer or licensing agency, because of an individual's
     2  age, race, creed, color, national origin, sexual  orientation,  military
     3  status,  sex, disability, predisposing genetic characteristics, familial
     4  status, marital status, status as a New York state citizen, or  domestic
     5  violence  victim  status,  to  refuse  to hire or employ or to bar or to
     6  discharge from employment such individual  or  to  discriminate  against
     7  such individual in compensation or in terms, conditions or privileges of
     8  employment.
     9    (b)  For  an  employment agency to discriminate against any individual
    10  because of age, race, creed, color, national origin, sexual orientation,
    11  military status, sex, disability, predisposing genetic  characteristics,
    12  status  as  a  New  York citizen, familial status, or marital status, in
    13  receiving, classifying, disposing or otherwise acting upon  applications
    14  for  its  services  or  in  referring  an  applicant or applicants to an
    15  employer or employers.
    16    (c) For a labor organization, because of the age, race, creed,  color,
    17  national  origin,  sexual orientation, military status, sex, disability,
    18  predisposing genetic characteristics, status as a New York  state  citi-
    19  zen, familial status, or marital status of any individual, to exclude or
    20  to  expel  from its membership such individual or to discriminate in any
    21  way against any of its members or against any employer or any individual
    22  employed by an employer.
    23    (d) For any employer or employment agency to  print  or  circulate  or
    24  cause to be printed or circulated any statement, advertisement or publi-
    25  cation,  or to use any form of application for employment or to make any
    26  inquiry in  connection  with  prospective  employment,  which  expresses
    27  directly  or indirectly, any limitation, specification or discrimination
    28  as to age, race, creed,  color,  national  origin,  sexual  orientation,
    29  military  status, sex, disability, predisposing genetic characteristics,
    30  status as a New York state citizen, familial status, or marital  status,
    31  or  any  intent  to make any such limitation, specification or discrimi-
    32  nation, unless  based  upon  a  bona  fide  occupational  qualification;
    33  provided, however, that neither this paragraph nor any provision of this
    34  chapter  or  other  law shall be construed to prohibit the department of
    35  civil service or the department of personnel of any city containing more
    36  than one county from requesting information from  applicants  for  civil
    37  service  examinations  concerning  any  of the aforementioned character-
    38  istics, other than sexual orientation, for  the  purpose  of  conducting
    39  studies  to  identify  and  resolve possible problems in recruitment and
    40  testing of members of minority groups to insure the fairest possible and
    41  equal opportunities for employment in the civil service for all persons,
    42  regardless of age, race, creed, color, national  origin,  sexual  orien-
    43  tation,  military  status, sex, disability, predisposing genetic charac-
    44  teristics, familial status, or marital status.
    45    § 38. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
    46  the executive law, as amended by chapter 365 of the laws  of  2015,  are
    47  amended to read as follows:
    48    (b)  To  deny  to  or withhold from any person because of race, creed,
    49  color, national origin, sexual orientation, military status,  sex,  age,
    50  disability,  familial  status,  status  as  a New York state citizen, or
    51  marital status, the right to be admitted to or participate in a guidance
    52  program,  an  apprenticeship  training  program,   on-the-job   training
    53  program,  executive  training program, or other occupational training or
    54  retraining program;
    55    (c) To discriminate against any person in his or her pursuit  of  such
    56  programs  or  to discriminate against such a person in the terms, condi-

        S. 1021                            16
     1  tions or privileges of such programs  because  of  race,  creed,  color,
     2  national  origin,  sexual orientation, military status, sex, age, status
     3  as a New York state citizen,  disability,  familial  status  or  marital
     4  status;
     5    (d)  To  print  or  circulate or cause to be printed or circulated any
     6  statement, advertisement or publication, or to use any form of  applica-
     7  tion  for  such  programs or to make any inquiry in connection with such
     8  program which expresses, directly or indirectly, any  limitation,  spec-
     9  ification  or  discrimination as to race, creed, color, national origin,
    10  sexual orientation, military status, sex, age,  status  as  a  New  York
    11  state  citizen,  disability,  familial  status or marital status, or any
    12  intention to make any such limitation, specification or  discrimination,
    13  unless based on a bona fide occupational qualification.
    14    §  39.  Paragraph (a) of subdivision 2 of section 296 of the executive
    15  law, as amended by chapter 106 of the laws of 2003, is amended  to  read
    16  as follows:
    17    (a)  It  shall  be an unlawful discriminatory practice for any person,
    18  being the owner, lessee, proprietor, manager, superintendent,  agent  or
    19  employee  of  any  place  of  public accommodation, resort or amusement,
    20  because of the race, creed, color, national origin, sexual  orientation,
    21  military  status, sex, status as a New York state citizen, or disability
    22  or marital status of any person,  directly  or  indirectly,  to  refuse,
    23  withhold  from  or deny to such person any of the accommodations, advan-
    24  tages, facilities or privileges  thereof,  including  the  extension  of
    25  credit,  or,  directly  or  indirectly,  to  publish,  circulate, issue,
    26  display, post or mail any written or printed  communication,  notice  or
    27  advertisement, to the effect that any of the accommodations, advantages,
    28  facilities  and  privileges of any such place shall be refused, withheld
    29  from or denied to any person on account of race, creed, color,  national
    30  origin,  sexual  orientation, military status, sex, status as a New York
    31  state citizen, or disability or marital status, or that the patronage or
    32  custom thereat of any person of or purporting to be  of  any  particular
    33  race,  creed,  color,  national  origin,  sexual  orientation,  military
    34  status, status as a New York state citizen, sex or  marital  status,  or
    35  having  a  disability  is  unwelcome,  objectionable  or not acceptable,
    36  desired or solicited.
    37    § 40. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
    38  296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and
    39  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
    40  to read as follows:
    41    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
    42  hold from any person or group of  persons  such  housing  accommodations
    43  because  of  the race, creed, color, disability, national origin, sexual
    44  orientation, military status, age, sex, marital status, status as a  New
    45  York  state citizen, or familial status of such person or persons, or to
    46  represent that any housing accommodation or land is  not  available  for
    47  inspection, sale, rental or lease when in fact it is so available.
    48    (b)  To  discriminate  against  any person because of his or her race,
    49  creed, color, disability, national origin, sexual orientation,  military
    50  status, age, sex, marital status, status as a New York state citizen, or
    51  familial  status in the terms, conditions or privileges of any publicly-
    52  assisted housing accommodations or in the furnishing  of  facilities  or
    53  services in connection therewith.
    54    (c) To cause to be made any written or oral inquiry or record concern-
    55  ing  the  race, creed, color, disability, national origin, sexual orien-
    56  tation, membership in the reserve armed forces of the United  States  or

        S. 1021                            17
     1  in  the organized militia of the state, age, sex, marital status, status
     2  as a New York state citizen, or familial status of a person  seeking  to
     3  rent  or  lease  any  publicly-assisted housing accommodation; provided,
     4  however, that nothing in this subdivision shall prohibit a member of the
     5  reserve armed forces of the United States or in the organized militia of
     6  the state from voluntarily disclosing such membership.
     7    (c-1)  To  print or circulate or cause to be printed or circulated any
     8  statement, advertisement or publication, or to use any form of  applica-
     9  tion  for the purchase, rental or lease of such housing accommodation or
    10  to make any  record  or  inquiry  in  connection  with  the  prospective
    11  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    12  expresses, directly or  indirectly,  any  limitation,  specification  or
    13  discrimination  as to race, creed, color, national origin, sexual orien-
    14  tation, military status, sex, age, disability, marital status, status as
    15  a New York state citizen, or familial status, or any intent to make  any
    16  such limitation, specification or discrimination.
    17    §  41.  Subdivisions 3-b, 4 and 5 of section 296 of the executive law,
    18  as amended by chapter 106 of the laws of 2003, are amended  to  read  as
    19  follows:
    20    3-b.  It  shall  be  an  unlawful discriminatory practice for any real
    21  estate broker, real estate salesperson or employee or agent  thereof  or
    22  any  other  individual, corporation, partnership or organization for the
    23  purpose of inducing a real estate transaction from which any such person
    24  or any of its stockholders or members may benefit financially, to repre-
    25  sent that a change has occurred or will or may occur in the  composition
    26  with respect to race, creed, color, national origin, sexual orientation,
    27  military  status,  status  as a New York state citizen, sex, disability,
    28  marital status, or familial status of the owners  or  occupants  in  the
    29  block,  neighborhood  or area in which the real property is located, and
    30  to represent, directly or indirectly,  that  this  change  will  or  may
    31  result in undesirable consequences in the block, neighborhood or area in
    32  which  the  real  property  is located, including but not limited to the
    33  lowering of property values, an  increase  in  criminal  or  anti-social
    34  behavior, or a decline in the quality of schools or other facilities.
    35    4.  It  shall  be an unlawful discriminatory practice for an education
    36  corporation or association which holds itself out to the  public  to  be
    37  non-sectarian  and  exempt  from  taxation pursuant to the provisions of
    38  article four of the real property tax law to deny the use of its facili-
    39  ties to any person otherwise qualified, or to permit the  harassment  of
    40  any  student or applicant, by reason of his race, color, religion, disa-
    41  bility, national  origin,  sexual  orientation,  military  status,  sex,
    42  status  as  a New York state citizen, age or marital status, except that
    43  any such institution which establishes or maintains a policy of  educat-
    44  ing persons of one sex exclusively may admit students of only one sex.
    45    5.  (a) It shall be an unlawful discriminatory practice for the owner,
    46  lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
    47  having  the  right  to  sell,  rent  or  lease  a housing accommodation,
    48  constructed or to be constructed, or any agent or employee thereof:
    49    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    50  from any person or group of persons such a housing accommodation because
    51  of the race, creed, color, national origin, sexual orientation, military
    52  status, sex, age, disability, marital status, status as a New York state
    53  citizen, or familial status of such person or persons, or  to  represent
    54  that  any housing accommodation or land is not available for inspection,
    55  sale, rental or lease when in fact it is so available.

        S. 1021                            18
     1    (2) To discriminate against any person because of race, creed,  color,
     2  national origin, sexual orientation, military status, sex, age, disabil-
     3  ity,  marital  status,  status  as a New York state citizen, or familial
     4  status in the terms, conditions or privileges of  the  sale,  rental  or
     5  lease  of any such housing accommodation or in the furnishing of facili-
     6  ties or services in connection therewith.
     7    (3) To print or circulate or cause to be  printed  or  circulated  any
     8  statement,  advertisement or publication, or to use any form of applica-
     9  tion for the purchase, rental or lease of such housing accommodation  or
    10  to  make  any  record  or  inquiry  in  connection  with the prospective
    11  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    12  expresses,  directly  or  indirectly,  any  limitation, specification or
    13  discrimination as to race, creed, color, national origin, sexual  orien-
    14  tation, military status, sex, age, disability, marital status, status as
    15  a  New York state citizen, or familial status, or any intent to make any
    16  such limitation, specification or discrimination.
    17    The provisions of this paragraph [(a)] shall  not  apply  (1)  to  the
    18  rental  of  a housing accommodation in a building which contains housing
    19  accommodations for not more than two families  living  independently  of
    20  each  other, if the owner resides in one of such housing accommodations,
    21  (2) to the restriction of the rental of all rooms in a housing  accommo-
    22  dation  to individuals of the same sex or (3) to the rental of a room or
    23  rooms in a housing accommodation, if such rental is by the  occupant  of
    24  the  housing  accommodation or by the owner of the housing accommodation
    25  and the owner resides in such housing accommodation or (4)  solely  with
    26  respect  to  age  and  familial  status  to the restriction of the sale,
    27  rental or lease of housing accommodations exclusively to persons  sixty-
    28  two  years  of  age  or  older and the spouse of any such person, or for
    29  housing intended and operated for  occupancy  by  at  least  one  person
    30  fifty-five  years of age or older per unit. In determining whether hous-
    31  ing is intended and operated for occupancy by persons  fifty-five  years
    32  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
    33  federal Fair Housing Act of 1988, as amended, shall apply.
    34    (b)  It  shall  be  an unlawful discriminatory practice for the owner,
    35  lessee, sub-lessee, or managing agent of, or  other  person  having  the
    36  right of ownership or possession of or the right to sell, rent or lease,
    37  land or commercial space:
    38    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
    39  from any person or group of persons land or commercial space because  of
    40  the  race,  creed,  color, national origin, sexual orientation, military
    41  status, sex, age, disability, marital status, status as a New York state
    42  citizen, or familial status of such person or persons, or  to  represent
    43  that  any housing accommodation or land is not available for inspection,
    44  sale, rental or lease when in fact it is so available;
    45    (2) To discriminate against any person because of race, creed,  color,
    46  national origin, sexual orientation, military status, sex, age, disabil-
    47  ity,  marital  status,  status  as a New York state citizen, or familial
    48  status in the terms, conditions or privileges of  the  sale,  rental  or
    49  lease  of  any  such  land  or commercial space; or in the furnishing of
    50  facilities or services in connection therewith;
    51    (3) To print or circulate or cause to be  printed  or  circulated  any
    52  statement,  advertisement or publication, or to use any form of applica-
    53  tion for the purchase, rental or lease of such land or commercial  space
    54  or  to  make  any  record  or inquiry in connection with the prospective
    55  purchase, rental or  lease  of  such  land  or  commercial  space  which
    56  expresses,  directly  or  indirectly,  any  limitation, specification or

        S. 1021                            19
     1  discrimination as to race, creed, color, national origin, sexual  orien-
     2  tation, military status, sex, age, disability, marital status, status as
     3  a  New York state citizen, or familial status; or any intent to make any
     4  such limitation, specification or discrimination.
     5    (4)  With  respect  to age and familial status, the provisions of this
     6  paragraph shall not apply to the restriction  of  the  sale,  rental  or
     7  lease  of  land  or  commercial  space exclusively to persons fifty-five
     8  years of age or older and the spouse of  any  such  person,  or  to  the
     9  restriction  of  the  sale,  rental  or lease of land to be used for the
    10  construction, or location  of  housing  accommodations  exclusively  for
    11  persons  sixty-two  years  of age or older, or intended and operated for
    12  occupancy by at least one person fifty-five years of age  or  older  per
    13  unit.  In determining whether housing is intended and operated for occu-
    14  pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
    15  (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
    16  amended, shall apply.
    17    (c) It shall be an  unlawful  discriminatory  practice  for  any  real
    18  estate broker, real estate salesperson or employee or agent thereof:
    19    (1)  To  refuse to sell, rent or lease any housing accommodation, land
    20  or commercial space to any person or group of persons or  to  refuse  to
    21  negotiate  for  the sale, rental or lease, of any housing accommodation,
    22  land or commercial space to any person or group of  persons  because  of
    23  the  race,  creed,  color, national origin, sexual orientation, military
    24  status, sex, age, disability, marital status, status as a New York state
    25  citizen, or familial status of such person or persons, or  to  represent
    26  that  any  housing accommodation, land or commercial space is not avail-
    27  able for inspection, sale, rental or lease when in fact it is so  avail-
    28  able,  or  otherwise to deny or withhold any housing accommodation, land
    29  or commercial space or any facilities of any housing accommodation, land
    30  or commercial space from any person or group of persons because  of  the
    31  race,  creed,  color,  national  origin,  sexual  orientation,  military
    32  status, sex, age, disability, marital status, status as a New York state
    33  citizen, or familial status of such person or persons.
    34    (2) To print or circulate or cause to be  printed  or  circulated  any
    35  statement,  advertisement or publication, or to use any form of applica-
    36  tion for the purchase, rental or lease  of  any  housing  accommodation,
    37  land  or commercial space or to make any record or inquiry in connection
    38  with the prospective purchase, rental or lease of any  housing  accommo-
    39  dation,  land or commercial space which expresses, directly or indirect-
    40  ly, any limitation, specification, or discrimination as to race,  creed,
    41  color,  national  origin, sexual orientation, military status, sex, age,
    42  disability, marital status, status as a New York state citizen, or fami-
    43  lial status; or any intent to make any such limitation, specification or
    44  discrimination.
    45    (3) With respect to age and familial status, the  provisions  of  this
    46  paragraph  shall  not  apply  to  the restriction of the sale, rental or
    47  lease of any land or commercial space exclusively to persons  fifty-five
    48  years  of  age  or  older  and  the spouse of any such person, or to the
    49  restriction of the sale, rental or lease of any housing accommodation or
    50  land to be used for the construction or  location  of  housing  accommo-
    51  dations  for  persons  sixty-two  years of age or older, or intended and
    52  operated for occupancy by at least one person fifty-five years of age or
    53  older per unit. In determining whether housing is intended and  operated
    54  for occupancy by persons fifty-five years of age or older, Sec.  807 (b)
    55  (2)  (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of
    56  1988, as amended, shall apply.

        S. 1021                            20
     1    (d) It shall be an  unlawful  discriminatory  practice  for  any  real
     2  estate board, because of the race, creed, color, national origin, sexual
     3  orientation,  military  status,  age,  sex,  disability, marital status,
     4  status as a New York state citizen, or familial status of any individual
     5  who  is  otherwise  qualified  for  membership, to exclude or expel such
     6  individual from membership, or to discriminate against  such  individual
     7  in the terms, conditions and privileges of membership in such board.
     8    (e)  It  shall  be  an unlawful discriminatory practice for the owner,
     9  proprietor or managing agent of, or other person  having  the  right  to
    10  provide care and services in, a private proprietary nursing home, conva-
    11  lescent  home,  or home for adults, or an intermediate care facility, as
    12  defined  in  section  two  of  the  social  services   law,   heretofore
    13  constructed,  or to be constructed, or any agent or employee thereof, to
    14  refuse to provide services and care in such  home  or  facility  to  any
    15  individual  or  to  discriminate  against  any  individual in the terms,
    16  conditions, and privileges of such services and care solely because such
    17  individual is a blind person. For purposes of this paragraph,  a  "blind
    18  person" shall mean a person who is registered as a blind person with the
    19  commission  for the visually handicapped and who meets the definition of
    20  a "blind person" pursuant to  section  three  of  chapter  four  hundred
    21  fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
    22  establish a state commission for improving the condition of the blind of
    23  the state of New York, and making an appropriation therefor".
    24    (f) The provisions of this subdivision, as they relate to  age,  shall
    25  not apply to persons under the age of eighteen years.
    26    (g)  It  shall  be  an unlawful discriminatory practice for any person
    27  offering or providing housing accommodations, land or  commercial  space
    28  as described in paragraphs (a), (b), and (c) of this subdivision to make
    29  or  cause  to  be  made any written or oral inquiry or record concerning
    30  membership of any person in the state organized militia in  relation  to
    31  the  purchase,  rental  or lease of such housing accommodation, land, or
    32  commercial space, provided, however, that nothing  in  this  subdivision
    33  shall  prohibit a member of the state organized militia from voluntarily
    34  disclosing such membership.
    35    § 42. Paragraph (a) of subdivision 9 of section 296 of  the  executive
    36  law, as amended by chapter 365 of the laws of 2015 is amended to read as
    37  follows:
    38    (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
    39  department or fire company therein, through any member or members there-
    40  of, officers, board of fire commissioners or other body or office having
    41  power of appointment of volunteer firefighters, directly or  indirectly,
    42  by ritualistic practice, constitutional or by-law prescription, by tacit
    43  agreement  among  its  members,  or otherwise, to deny to any individual
    44  membership in any volunteer fire department or fire company therein,  or
    45  to  expel or discriminate against any volunteer member of a fire depart-
    46  ment or fire  company  therein,  because  of  the  race,  creed,  color,
    47  national  origin,  sexual  orientation,  military  status,  sex, marital
    48  status, status as a New York state citizen, or familial status, of  such
    49  individual.
    50    §  43.  Subdivision 13 of section 296 of the executive law, as amended
    51  by chapter 365 of the laws of 2015, is amended to read as follows:
    52    13. It shall be an unlawful discriminatory practice (i) for any person
    53  to boycott or blacklist, or to refuse to buy  from,  sell  to  or  trade
    54  with, or otherwise discriminate against any person, because of the race,
    55  creed,  color,  national  origin,  sexual  orientation, military status,
    56  status as a New York state citizen, sex, disability, or familial status,

        S. 1021                            21
     1  of such person, or of such  person's  partners,  members,  stockholders,
     2  directors, officers, managers, superintendents, agents, employees, busi-
     3  ness associates, suppliers or customers, or (ii) for any person wilfully
     4  to  do  any  act  or  refrain  from doing any act which enables any such
     5  person to take such action. This subdivision shall not apply to:
     6    (a) Boycotts connected with labor disputes; or
     7    (b) Boycotts to protest unlawful discriminatory practices.
     8    § 44. Subdivisions 1, 2 and 3 of section 296-a of the  executive  law,
     9  as  amended  by  chapter 106 of the laws of 2003, are amended to read as
    10  follows:
    11    1. It shall be an unlawful discriminatory practice for any creditor or
    12  any officer, agent or employee thereof:
    13    a. In the  case  of  applications  for  credit  with  respect  to  the
    14  purchase,  acquisition,  construction, rehabilitation, repair or mainte-
    15  nance of any housing accommodation, land or commercial space to discrim-
    16  inate against any such applicant because  of  the  race,  creed,  color,
    17  national  origin, sexual orientation, military status, age, sex, marital
    18  status, disability, status as a New  York  state  citizen,  or  familial
    19  status  of  such  applicant  or  applicants  or any member, stockholder,
    20  director, officer or employee of such applicant or applicants, or of the
    21  prospective occupants or tenants of such housing accommodation, land  or
    22  commercial  space,  in the granting, withholding, extending or renewing,
    23  or in the fixing of the rates, terms or conditions of, any such credit;
    24    b. To discriminate in the granting, withholding, extending  or  renew-
    25  ing,  or in the fixing of the rates, terms or conditions of, any form of
    26  credit, on the basis of race,  creed,  color,  national  origin,  sexual
    27  orientation,  military  status,  age,  sex,  marital status, disability,
    28  status as a New York state citizen, or familial status;
    29    c. To use any form of application for credit or use or make any record
    30  or inquiry which expresses,  directly  or  indirectly,  any  limitation,
    31  specification,  or  discrimination  as  to  race, creed, color, national
    32  origin, sexual orientation, military status, age, sex,  marital  status,
    33  disability, status as a New York state citizen, or familial status;
    34    d.  To make any inquiry of an applicant concerning his or her capacity
    35  to reproduce, or his or her use or advocacy of any form of birth control
    36  or family planning;
    37    e. To refuse to consider  sources  of  an  applicant's  income  or  to
    38  subject  an  applicant's  income  to  discounting,  in whole or in part,
    39  because of an applicant's race, creed, color,  national  origin,  sexual
    40  orientation,  military  status,  age,  sex, marital status, childbearing
    41  potential, disability, status as a New York state citizen,  or  familial
    42  status;
    43    f.  To  discriminate  against  a  married  person  because such person
    44  neither uses nor is known by the surname of his or her spouse.
    45    This paragraph shall not apply to any situation where  the  use  of  a
    46  surname would constitute or result in a criminal act.
    47    2. Without limiting the generality of subdivision one of this section,
    48  it  shall  be considered discriminatory if, because of an applicant's or
    49  class of applicants' race, creed, color, national origin, sexual  orien-
    50  tation,  military status, age, sex, marital status or disability, status
    51  as a New York state citizen, or familial status,  (i)  an  applicant  or
    52  class of applicants is denied credit in circumstances where other appli-
    53  cants  of  like  overall  credit  worthiness are granted credit, or (ii)
    54  special requirements or conditions, such  as  requiring  co-obligors  or
    55  reapplication  upon  marriage, are imposed upon an applicant or class of

        S. 1021                            22
     1  applicants in circumstances where similar requirements or conditions are
     2  not imposed upon other applicants of like overall credit worthiness.
     3    3.  It  shall  not  be  considered  discriminatory if credit differen-
     4  tiations or decisions are based upon  factually  supportable,  objective
     5  differences  in applicants' overall credit worthiness, which may include
     6  reference to such factors as current income,  assets  and  prior  credit
     7  history  of  such applicants, as well as reference to any other relevant
     8  factually supportable data; provided, however, that  no  creditor  shall
     9  consider, in evaluating the credit worthiness of an applicant, aggregate
    10  statistics  or  assumptions  relating  to  race,  creed, color, national
    11  origin, sexual orientation, military status, sex, status as a  New  York
    12  state citizen, marital status or disability, or to the likelihood of any
    13  group of persons bearing or rearing children, or for that reason receiv-
    14  ing diminished or interrupted income in the future.
    15    § 45. Paragraph (b) of subdivision 2 of section 296-b of the executive
    16  law,  as added by chapter 481 of the laws of 2010, is amended to read as
    17  follows:
    18    (b) Subject a domestic worker to unwelcome harassment based on gender,
    19  race, religion, status as a New York state citizen or  national  origin,
    20  where  such  harassment has the purpose or effect of unreasonably inter-
    21  fering with an individual's work performance by creating  an  intimidat-
    22  ing, hostile, or offensive working environment.
    23    §  46.  Paragraph  (c)  of  subdivision 1 of section 122 of the social
    24  services law, as amended by chapter 214 of the laws of 1998, is  amended
    25  to read as follows:
    26    (c)  The  following  persons, not described in paragraph (a) or (b) of
    27  this subdivision, shall, if otherwise eligible, be eligible  for  safety
    28  net  assistance  and medical assistance[, except that medical assistance
    29  shall be limited to care and services (not including care  and  services
    30  related to an organ transplant procedure) necessary for the treatment of
    31  an  emergency  medical condition as that term is defined in section 1903
    32  of the federal social security act unless and  until  federal  financial
    33  participation is available for the costs of providing medical assistance
    34  provided,  however,  that  any  such  person  who,  on the fourth day of
    35  August, nineteen hundred ninety-seven  was  residing  in  a  residential
    36  health  care facility licensed by the department of health or in a resi-
    37  dential facility licensed, operated or funded by the  office  of  mental
    38  health  or  the office of mental retardation and developmental disabili-
    39  ties, and was in receipt of a medical assistance authorization based  on
    40  a  finding  that he or she was] (i) a person permanently residing in the
    41  United States under color of  law  [shall,  if  otherwise  eligible,  be
    42  eligible  for  medical  assistance  and provided, further, that any such
    43  person who, on the fourth day of August, nineteen hundred  ninety-seven,
    44  was  diagnosed  as having AIDS, as defined in subdivision one of section
    45  two thousand seven hundred eighty of the public health law, and  was  in
    46  receipt  of medical assistance authorization pursuant to title eleven of
    47  article five of this chapter based on a finding that he  or  she  was  a
    48  person  permanently  residing  in  the  United States under color of law
    49  shall, if otherwise eligible, be eligible for medical assistance:
    50    (i) a qualified alien who entered the United  States  less  than  five
    51  years  earlier  or  for less than five years has had a status within the
    52  meaning of the term "qualified alien" as defined in section 431  of  the
    53  federal  personal responsibility and work opportunity reconciliation act
    54  of 1996 (8 U.S. Code 1641), as amended, if such  entry  occurred  on  or
    55  after the twenty-second day of August, nineteen hundred ninety-six; and

        S. 1021                            23

     1    (ii)  an  alien  whose  status  is  not within the meaning of the term
     2  "qualified alien" as defined in section  431  of  the  federal  personal
     3  responsibility  and  work opportunity reconciliation act of 1996 (8 U.S.
     4  Code 1641), as amended, but who is otherwise permanently residing in the
     5  United  States  under color of law], and (ii) New York state citizens if
     6  otherwise eligible shall only be eligible for medical assistance.
     7    § 47. Section 131-k of the social services law is REPEALED.
     8    § 48. The education law is amended by adding a new  section  609-a  to
     9  read as follows:
    10    §  609-a.  New  York  DREAM  fund  commission.   1. (a) There shall be
    11  created a New York DREAM fund commission which  shall  be  committed  to
    12  advancing the educational opportunities of the children of immigrants.
    13    (b)  The  New  York  DREAM fund commission shall be composed of twelve
    14  members to be appointed as follows:
    15    (i) Four members shall be appointed by the governor;
    16    (ii) Three members shall be appointed by the  temporary  president  of
    17  the senate;
    18    (iii) Three members shall be appointed by the speaker of the assembly;
    19    (iv)  One  member  shall  be  appointed  by the minority leader of the
    20  senate; and
    21    (v) One member shall be appointed by the minority leader of the assem-
    22  bly.
    23    (c) To the  extent  practicable,  members  of  such  commission  shall
    24  reflect  the  racial, ethnic, gender, language, and geographic diversity
    25  of the state.
    26    (d) To the  extent  practicable,  members  of  such  commission  shall
    27  include  college  and  university  administrators and faculty, and other
    28  individuals committed to advancing the educational opportunities of  the
    29  children of immigrants.
    30    (e)  Members  of  the  New York DREAM fund commission shall receive no
    31  compensation for their services.
    32    2. (a) The New York DREAM fund commission shall have the power to:
    33    (i) Administer the provisions of this section;
    34    (ii) Create and raise funds for the New York DREAM fund;
    35    (iii) Establish a not-for-profit entity charged with the  responsibil-
    36  ity  of  raising  funds  for  the administration of this section and any
    37  educational or training programs such commission is tasked with adminis-
    38  trating and funding scholarships to students who are children  of  immi-
    39  grants to the United States;
    40    (iv) Publicize the availability of such scholarships from the New York
    41  DREAM fund;
    42    (v)  Develop  criteria  and  a selection process for the recipients of
    43  scholarships from the New York DREAM fund;
    44    (vi) Research issues pertaining to the availability of assistance with
    45  the costs of higher education for the children of immigrants  and  other
    46  issues regarding access for and the performance of the children of immi-
    47  grants within higher education;
    48    (vii)  Establish, publicize, and administer training programs for high
    49  school counselors, admissions officers, and financial  aid  officers  of
    50  institutions  of  higher education. The training programs shall instruct
    51  participants on the educational opportunities available to college-bound
    52  students who are the children of immigrants, including, but not  limited
    53  to,  in-state  tuition and scholarship programs. To the extent practica-
    54  ble, the New York DREAM fund commission shall offer the training program
    55  to school districts  and  boards  of  cooperative  educational  services
    56  throughout  the state, provided however, that priority shall be given to

        S. 1021                            24
     1  school districts and boards of  cooperative  educational  services  with
     2  larger number of students who are the children of immigrants over school
     3  districts  and  boards  of  cooperative educational services with lesser
     4  number of students who are the children of immigrants;
     5    (viii)  Establish  a  public  awareness campaign regarding educational
     6  opportunities available to college bound students who are  the  children
     7  of immigrants; and
     8    (ix)  Establish,  by  rule,  procedures  for  accepting and evaluating
     9  applications for scholarships from the children of immigrants and  issu-
    10  ing scholarships to selected student applicants.
    11    (b)  To  receive  a  scholarship  pursuant  to this section, a student
    12  applicant must meet the following qualifications:
    13    (i) Have resided with his or her parents or guardians while  attending
    14  a public or private high school in this state;
    15    (ii)  Have  graduated from a public or private high school or received
    16  the equivalent of a high school diploma in this state;
    17    (iii) Have attended a public or private high school in this state  for
    18  at  least  two years as of the date he or she graduated from high school
    19  or received the equivalent of a high school diploma;
    20    (iv) Have at least one parent or guardian who immigrated to the United
    21  States.
    22    (c) The New York DREAM fund commission and the  New  York  DREAM  fund
    23  shall  be  funded  entirely  by private contributions and no state funds
    24  shall be appropriated to or used by the New York DREAM fund.   No  funds
    25  of  the  New York DREAM fund or the New York DREAM fund commission shall
    26  be transferred to the general fund or any special revenue fund or  shall
    27  be  used  for  any  purpose  other  than  the purposes set forth in this
    28  section.
    29    3. The New York DREAM fund commission and  the  New  York  DREAM  fund
    30  shall be subject to the provisions of articles six and seven and section
    31  seventy-four of the public officers law.
    32    § 49. Subdivision 3 of section 661 of the education law is REPEALED.
    33    § 50. Paragraphs a and b of subdivision 5 of section 661 of the educa-
    34  tion  law, as amended by chapter 466 of the laws of 1977, are amended to
    35  read as follows:
    36    a. (i) Except as provided in subdivision two of  section  six  hundred
    37  seventy-four  of  this  part and subparagraph (ii) of this paragraph, an
    38  applicant for an award at the undergraduate level of study  must  either
    39  [(i)]  (a) have been a legal resident of the state for at least one year
    40  immediately preceding the beginning of the semester, quarter or term  of
    41  attendance  for  which application for assistance is made, or [(ii)] (b)
    42  be a legal resident of the state and have been a legal  resident  during
    43  his  last  two  semesters  of high school either prior to graduation, or
    44  prior to admission to college. Provided further that  persons  shall  be
    45  eligible  to  receive  awards  under  section six hundred sixty-eight or
    46  section six hundred sixty-nine of this  part  who  are  currently  legal
    47  residents of the state and are otherwise qualified.
    48    (ii)  An  applicant  who is not a legal resident of the state eligible
    49  pursuant to subparagraph (i) of this paragraph, but is a  United  States
    50  citizen,  a  permanent  lawful resident, a lawful non-immigrant alien, a
    51  New York state citizen or an applicant without lawful immigration status
    52  shall be eligible for an award  at  the  undergraduate  level  of  study
    53  provided that the student:
    54    (a)  attended  a registered New York state high school for two or more
    55  years, graduated from a  registered  New  York  state  high  school  and
    56  applied  for  attendance  at the institution of higher education for the

        S. 1021                            25
     1  undergraduate study for which an award is sought within  five  years  of
     2  receiving a New York state high school diploma; or
     3    (b)  attended  an  approved  New  York  state program for a state high
     4  school equivalency diploma, received a  state  high  school  equivalency
     5  diploma  and  applied for attendance at the institution of higher educa-
     6  tion for the undergraduate study for which an  award  is  sought  within
     7  five years of receiving a state high school equivalency diploma; or
     8    (c)  is  otherwise  eligible  for the payment of tuition and fees at a
     9  rate no greater than that imposed for resident  students  of  the  state
    10  university  of  New  York,  the city university of New York or community
    11  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
    12  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
    13  vision seven of section sixty-two hundred six of this chapter.
    14    Provided, further, that a student without  lawful  immigration  status
    15  shall  also  be  required  to file an affidavit with such institution of
    16  higher education stating that the student has filed  an  application  to
    17  legalize his or her immigration status, or will file such an application
    18  as soon as he or she is eligible to do so.
    19    b.  [An] (i) Except as otherwise provided in subparagraph (ii) of this
    20  paragraph, an applicant for an award at the graduate level of study must
    21  either [(i)] (a) have been a legal resident of the state  for  at  least
    22  one year immediately preceding the beginning of the semester, quarter or
    23  term  of  attendance  for  which  application for assistance is made, or
    24  [(ii)] (b) be a legal resident of the state and have been a legal  resi-
    25  dent  during  his  last  academic  year  of undergraduate study and have
    26  continued to be a legal resident until  matriculation  in  the  graduate
    27  program.
    28    (ii)  An  applicant  who is not a legal resident of the state eligible
    29  pursuant to subparagraph (i) of this paragraph, but is a  United  States
    30  citizen,  a  permanent  lawful resident, a lawful non-immigrant alien, a
    31  New York state citizen or an applicant without lawful immigration status
    32  shall be eligible for an award  at  the  undergraduate  level  of  study
    33  provided that the student:
    34    (a)  attended a registered approved New York state high school for two
    35  or more years, graduated from a registered New York  state  high  school
    36  and  applied  for  attendance at the institution of higher education for
    37  the graduate study for which an award is  sought  within  ten  years  of
    38  receiving a New York state high school diploma; or
    39    (b)  attended  an  approved  New  York  state program for a state high
    40  school equivalency diploma, received a  state  high  school  equivalency
    41  diploma  and  applied for attendance at the institution of higher educa-
    42  tion for the graduate study for which an  award  is  sought  within  ten
    43  years of receiving a state high school equivalency diploma; or
    44    (c)  is  otherwise  eligible  for the payment of tuition and fees at a
    45  rate no greater than that imposed for resident  students  of  the  state
    46  university  of  New  York,  the city university of New York or community
    47  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
    48  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
    49  vision seven of section sixty-two hundred six of this chapter.
    50    Provided, further, that a student without  lawful  immigration  status
    51  shall  also  be  required  to file an affidavit with such institution of
    52  higher education stating that the student has filed  an  application  to
    53  legalize his or her immigration status, or will file such an application
    54  as soon as he or she is eligible to do so.

        S. 1021                            26
     1    §  51.  Paragraph  d  of subdivision 5 of section 661 of the education
     2  law, as amended by chapter 844 of the laws of 1975, is amended  to  read
     3  as follows:
     4    d.  If  an  applicant for an award allocated on a geographic basis has
     5  more than one residence in this state, his  or  her  residence  for  the
     6  purpose  of  this  article shall be his or her place of actual residence
     7  during the major part of the year while attending school, as  determined
     8  by the commissioner; and further provided that an applicant who does not
     9  have  a residence in this state and is eligible for an award pursuant to
    10  subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b  of
    11  this subdivision shall be deemed to reside in the geographic area of the
    12  institution  of higher education in which he or she attends for purposes
    13  of an award allocated on a geographic basis.
    14    § 52. Paragraph e of subdivision 5 of section  661  of  the  education
    15  law,  as added by chapter 630 of the laws of 2005, is amended to read as
    16  follows:
    17    e. Notwithstanding any other provision of this article to the  contra-
    18  ry,  the  New  York state [residency] eligibility [requirement] require-
    19  ments for receipt of awards [is] set forth in paragraphs a and b of this
    20  subdivision are waived for a member, or the spouse  or  dependent  of  a
    21  member,  of  the  armed  forces of the United States on full-time active
    22  duty and stationed in this state.
    23    § 53. Paragraph h of subdivision 2 of section 355 of the education law
    24  is amended by adding a new subparagraph 10 to read as follows:
    25    (10) Such regulations shall further provide that any  student  who  is
    26  not a legal resident of New York state but is a United States citizen, a
    27  permanent  lawful  resident,  a  lawful  non-immigrant alien, a New York
    28  state citizen or an applicant without lawful immigration status may have
    29  the payment of tuition and other fees and charges reduced by state-aided
    30  programs, scholarships or other financial assistance awarded  under  the
    31  provisions  of articles thirteen, thirteen-A, fourteen and fourteen-A of
    32  this chapter, provided that the student meets the requirements set forth
    33  in subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph  b
    34  of  subdivision  five of section six hundred sixty-one of this title, as
    35  applicable.
    36    § 54. Subdivision 7 of section 6206 of the education law is amended by
    37  adding a new paragraph (e) to read as follows:
    38    (e) The trustees shall further provide that any student who is  not  a
    39  legal  resident  of  New  York  state  but is a United States citizen, a
    40  permanent lawful resident, a lawful  non-immigrant  alien,  a  New  York
    41  state citizen or an applicant without lawful immigration status may have
    42  the payment of tuition and other fees and charges reduced by state-aided
    43  programs,  scholarships  or other financial assistance awarded under the
    44  provisions of articles thirteen, thirteen-A, fourteen and fourteen-A  of
    45  this chapter, provided that the student meets the requirements set forth
    46  in  subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b
    47  of subdivision five of section six hundred sixty-one of this chapter, as
    48  applicable.
    49    § 55. Section 6305 of the education law is amended  by  adding  a  new
    50  subdivision 8-a to read as follows:
    51    8-a.  The  payment  of tuition and other fees and charges of a student
    52  who is attending a community college and who is not a legal resident  of
    53  New  York state but is a United States citizen, a permanent lawful resi-
    54  dent, a lawful non-immigrant alien, a  New  York  state  citizen  or  an
    55  applicant without lawful immigration status may be reduced by state-aid-
    56  ed  programs,  scholarships and other financial assistance awarded under

        S. 1021                            27
     1  the provisions of articles thirteen, thirteen-A, fourteen and fourteen-A
     2  of this chapter, provided that the student meets  the  requirements  set
     3  forth  in subparagraph (ii) of paragraph a or subparagraph (ii) of para-
     4  graph  b  of  subdivision  five of section six hundred sixty-one of this
     5  chapter, as applicable.
     6    § 56. Paragraph d of subdivision 3 of section 6451  of  the  education
     7  law,  as  amended by chapter 494 of the laws of 2016, is amended to read
     8  as follows:
     9    d. Any necessary supplemental financial assistance, which may  include
    10  the  cost of books and necessary maintenance for such enrolled students,
    11  including students who are New York state citizens and students  without
    12  lawful  immigration  status provided that the student meets the require-
    13  ments set forth in subparagraph (ii) of paragraph a or subparagraph (ii)
    14  of paragraph b of subdivision five of section six hundred  sixty-one  of
    15  this  chapter,  as applicable; provided, however, that such supplemental
    16  financial assistance shall be furnished pursuant to criteria promulgated
    17  by the commissioner with the approval of the director of the budget;
    18    § 57. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
    19  of the education law, as added by chapter 917 of the laws  of  1970,  is
    20  amended to read as follows:
    21    (v) Any necessary supplemental financial assistance, which may include
    22  the cost of books and necessary maintenance for such students, including
    23  students  who  are  New  York state citizens and students without lawful
    24  immigration status provided that the student meets the requirements  set
    25  forth  in subparagraph (ii) of paragraph a or subparagraph (ii) of para-
    26  graph b of subdivision five of section six  hundred  sixty-one  of  this
    27  chapter, as applicable; provided, however, that such supplemental finan-
    28  cial  assistance  shall be furnished pursuant to criteria promulgated by
    29  such universities and approved by the regents and the  director  of  the
    30  budget.
    31    §  58. Paragraph (a) of subdivision 2 of section 6455 of the education
    32  law, as added by chapter 285 of the laws of 1986, is amended to read  as
    33  follows:
    34    (a)  (i) Undergraduate science and technology entry program moneys may
    35  be used for tutoring, counseling, remedial and special  summer  courses,
    36  supplemental  financial  assistance,  program  administration, and other
    37  activities which the commissioner may deem appropriate. To  be  eligible
    38  for  undergraduate  collegiate  science  and  technology  entry  program
    39  support, a student must be a resident of New York [who is], or meet  the
    40  requirements  of subparagraph (ii) of this paragraph, and must be either
    41  economically disadvantaged or from a minority group historically  under-
    42  represented  in  the  scientific,  technical,  health and health-related
    43  professions, and [who demonstrates] must demonstrate interest in  and  a
    44  potential for a professional career if provided special services. Eligi-
    45  ble students must be in good academic standing, enrolled full time in an
    46  approved,  undergraduate  level  program  of  study,  as  defined by the
    47  regents.
    48    (ii) An applicant who is not a legal resident of New York  state,  but
    49  who  is  a  United States citizen, a permanent lawful resident, a lawful
    50  non-immigrant alien, a New York state citizen or  an  applicant  without
    51  lawful  immigration status, shall be eligible for an award at the under-
    52  graduate level of study provided that the student:
    53    (1) attended a registered New York state high school for two  or  more
    54  years,  graduated  from  a  registered  New  York  state high school and
    55  applied for attendance at the institution of higher  education  for  the

        S. 1021                            28
     1  undergraduate  study  for  which an award is sought within five years of
     2  receiving a New York state high school diploma; or
     3    (2)  attended  an  approved  New  York  state program for a state high
     4  school equivalency diploma, received a  state  high  school  equivalency
     5  diploma  and  applied for attendance at the institution of higher educa-
     6  tion for the undergraduate study for which an  award  is  sought  within
     7  five  years  of  receiving  a  state  high  school  equivalency diploma,
     8  attended an approved New York state high school for two or  more  years,
     9  graduated  from  an  approved New York state high school and applied for
    10  attendance at an institution of higher education within  five  years  of
    11  receiving a New York state high school diploma; or
    12    (3)  is  otherwise  eligible  for the payment of tuition and fees at a
    13  rate no greater than that imposed for resident  students  of  the  state
    14  university  of  New  York,  the city university of New York or community
    15  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
    16  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
    17  vision seven of section sixty-two hundred six of this chapter.
    18    Provided, further, that a student without  lawful  immigration  status
    19  shall  also  be  required  to file an affidavit with such institution of
    20  higher education stating that the student has filed  an  application  to
    21  legalize his or her immigration status, or will file such an application
    22  as soon as he or she is eligible to do so.
    23    §  59. Paragraph (a) of subdivision 3 of section 6455 of the education
    24  law, as added by chapter 285 of the laws of 1986, is amended to read  as
    25  follows:
    26    (a)  (i)  Graduate  science and technology entry program moneys may be
    27  used for recruitment, academic enrichment, career planning, supplemental
    28  financial assistance, review for licensing examinations, program  admin-
    29  istration,  and  other activities which the commissioner may deem appro-
    30  priate. To be eligible for graduate collegiate  science  and  technology
    31  entry  program  support,  a  student must be a resident of New York [who
    32  is], or meet the requirements of subparagraph (ii)  of  this  paragraph,
    33  and  must  be either economically disadvantaged or from a minority group
    34  historically underrepresented in the scientific, technical  and  health-
    35  related  professions.  Eligible students must be in good academic stand-
    36  ing, enrolled full time  in  an  approved  graduate  level  program,  as
    37  defined by the regents.
    38    (ii)  An  applicant who is not a legal resident of New York state, but
    39  either is a United States citizen, a permanent lawful resident, a lawful
    40  non-immigrant alien, a New York state citizen or  an  applicant  without
    41  lawful  immigration  status shall be eligible for an award at the under-
    42  graduate level of study provided that the student:
    43    (1) attended a registered approved New York state high school for  two
    44  or  more  years,  graduated from a registered New York state high school
    45  and applied for attendance at the institution of  higher  education  for
    46  the  graduate  study  for  which  an award is sought within ten years of
    47  receiving a New York state high school diploma; or
    48    (2) attended an approved New York  state  program  for  a  state  high
    49  school  equivalency  diploma,  received  a state high school equivalency
    50  diploma and applied for attendance at the institution of  higher  educa-
    51  tion  for  the  graduate  study  for which an award is sought within ten
    52  years of receiving a state high school equivalency diploma; or
    53    (3) is otherwise eligible for the payment of tuition  and  fees  at  a
    54  rate  no  greater  than  that imposed for resident students of the state
    55  university of New York, the city university of  New  York  or  community
    56  colleges  as prescribed in subparagraph eight of paragraph h of subdivi-

        S. 1021                            29
     1  sion two of section three hundred fifty-five or paragraph (a) of  subdi-
     2  vision seven of section sixty-two hundred six of this chapter.
     3    Provided,  further,  that  a student without lawful immigration status
     4  shall also be required to file an affidavit  with  such  institution  of
     5  higher  education  stating  that the student has filed an application to
     6  legalize his or her immigration status, or will file such an application
     7  as soon as he or she is eligible to do so.
     8    § 60. Subparagraphs (i) and (iii) of paragraph a of subdivision  2  of
     9  section  695-e  of  the  education law, as amended by chapter 593 of the
    10  laws of 2003, are amended to read as follows:
    11    (i) the name, address and social security number [or], employer  iden-
    12  tification  number,  or individual taxpayer identification number of the
    13  account owner unless a family tuition account that was in  effect  prior
    14  to  the  effective date of the chapter of the laws of two thousand nine-
    15  teen that amended this subparagraph does not allow for a taxpayer  iden-
    16  tification  number, in which case a taxpayer identification number shall
    17  be allowed upon the expiration of the contract;
    18    (iii) the name, address, and social security  number,  employer  iden-
    19  tification  number,  or individual taxpayer identification number of the
    20  designated beneficiary, unless a family  tuition  account  that  was  in
    21  effect  prior  to  the  effective date of the chapter of the laws of two
    22  thousand nineteen that amended this subparagraph does not  allow  for  a
    23  taxpayer  identification number, in which case a taxpayer identification
    24  number shall be allowed upon the expiration of the contract; and
    25    § 61. The president of the higher education services  corporation,  in
    26  consultation  with  the  commissioner  of  education, shall establish an
    27  application form and procedures that shall  allow  a  student  applicant
    28  that  meets the requirements set forth in subparagraph (ii) of paragraph
    29  a or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of
    30  the education law to apply directly to  the  higher  education  services
    31  corporation or education department for applicable awards without having
    32  to submit information to any other state or federal agency. All informa-
    33  tion  contained  within  the applications filed with such corporation or
    34  department shall be deemed confidential.
    35    § 62. The correction law is amended by adding a new  section  71-b  to
    36  read as follows:
    37    §  71-b.  Persons  not  to  be detained.   1. For the purposes of this
    38  section, the following terms shall have the following meanings:
    39    (a) "Civil immigration detainer" shall mean a detainer issued pursuant
    40  to 8 C.F.R. 287.7.
    41    (b) "Administrative warrant" shall  mean  an  immigration  warrant  of
    42  arrest,  order  to  detain or release aliens, notice of custody determi-
    43  nation, notice to appear, removal order,  warrant  of  removal,  or  any
    44  other  document  issued  by an immigration agent that can form the basis
    45  for an individual's arrest or detention for a civil immigration purpose.
    46    (c) "Law enforcement officer" shall mean all officers,  employees  and
    47  persons  otherwise  paid by or acting as agents of any municipal, county
    48  or state police department or department of corrections.
    49    (d) "Federal immigration authorities" shall mean any officer, employee
    50  or person otherwise paid by or acting as an agent of United States immi-
    51  gration and customs enforcement or any division  thereof  or  any  other
    52  officer,  employee  or person otherwise paid by or acting as an agent of
    53  the United States Department of Homeland Security who  is  charged  with
    54  enforcement  of  the civil provisions of the immigration and nationality
    55  act.

        S. 1021                            30
     1    (e) "Facility" shall mean any facility owned or leased by  the  state,
     2  staffed  by  personnel  paid  by  the  state,  or used primarily for the
     3  conduct of state business, including but not limited to  any  prison  or
     4  jail owned or operated by any government entity under the state's juris-
     5  diction.
     6    2.  (a)  Law  enforcement officers shall not honor a civil immigration
     7  detainer or administrative warrant from  federal  immigration  officials
     8  by:
     9    (i)  holding a person beyond the time when such person would otherwise
    10  be released from custody; or
    11    (ii) expending time or resources responding to inquiries  or  communi-
    12  cating  with federal immigration authorities of such person's incarcera-
    13  tion status, release dates, court appearance dates, or any other  infor-
    14  mation  related  to  an  individual in custody unless such a response or
    15  communication is required or protected by law.
    16    (b) Unless an immigration agent has a valid and properly issued crimi-
    17  nal warrant, or law enforcement officials have a legitimate law enforce-
    18  ment purpose that is not related to the enforcement of immigration  law,
    19  law  enforcement officers shall not permit any federal immigration offi-
    20  cial to:
    21    (i) have access to any person in their custody; or
    22    (ii) have access to any facility owned or operated by the state, or by
    23  any municipality within the state,  for  the  purpose  of  investigating
    24  potential violations of the civil immigration law.
    25    3. Nothing in this section shall affect the obligation of law enforce-
    26  ment  officers  to  maintain  the  confidentiality  of  any  information
    27  obtained pursuant to subdivision two of this section.
    28    4. Nothing in this section shall be construed to confer any  authority
    29  on  any entity to hold persons on civil immigration detainers beyond the
    30  authority, if any, that existed prior to  the  effective  date  of  this
    31  section.
    32    5. This section supersedes all conflicting policies, rules, procedures
    33  and  practices  of the state. Nothing in this section shall be construed
    34  to prohibit any state agency from cooperating with  federal  immigration
    35  authorities  when  required  under  federal law. Nothing in this section
    36  shall be interpreted or applied so as to create any power, duty or obli-
    37  gation in conflict with any federal, state or local law.
    38    6. Nothing contained in this  section  or  in  the  administration  or
    39  application  hereof  shall be construed as creating any private right of
    40  action on the part of any persons or entity against  the  state  or  the
    41  department.
    42    7.  Annually  on or before December thirty-first, the department shall
    43  post a report on the department's website that  includes  the  following
    44  information for the preceding twelve month period:
    45    (a)  the  number  of civil immigration detainers received from federal
    46  immigration authorities;
    47    (b) the number of persons held pursuant to civil immigration detainers
    48  beyond the time when such persons would otherwise be released  from  the
    49  department's custody;
    50    (c)  the number of persons transferred to the custody of federal immi-
    51  gration authorities pursuant to civil immigration detainers; and
    52    (d) the justification and legal authority  for  the  transfer  of  any
    53  individual to the custody of federal immigration authorities.
    54    8.  For the purpose of this section, any reference to a statute, rule,
    55  or regulation shall be deemed to include any successor provision.

        S. 1021                            31
     1    § 63. The executive law is amended by adding a new  section  243-a  to
     2  read as follows:
     3    §  243-a.  Persons  not  to  be  detained. 1. For the purposes of this
     4  section, the following terms shall have the following meanings:
     5    (a) "Civil immigration detainer" shall mean a detainer issued pursuant
     6  to 8 C.F.R. 287.7.
     7    (b) "Administrative warrant" shall  mean  an  immigration  warrant  of
     8  arrest,  order  to  detain or release aliens, notice of custody determi-
     9  nation, notice to appear, removal order,  warrant  of  removal,  or  any
    10  other  document  issued  by an immigration agent that can form the basis
    11  for an individual's arrest or detention for a civil immigration purpose.
    12    (c) "Probation officer" shall mean any  officer,  employee  or  person
    13  otherwise  paid  by or acting as an agent of the office of probation and
    14  correctional alternatives, or any county or municipal probation  depart-
    15  ment.
    16    (d) "Federal immigration authorities" shall mean any officer, employee
    17  or person otherwise paid by or acting as an agent of United States immi-
    18  gration  and  customs  enforcement  or any division thereof or any other
    19  officer, employee or person otherwise paid by or acting as an  agent  of
    20  the  United  States  Department of Homeland Security who is charged with
    21  enforcement of the civil provisions of the immigration  and  nationality
    22  act.
    23    (e)  "Facility"  shall mean any facility owned or leased by the state,
    24  staffed by personnel paid by  the  state,  or  used  primarily  for  the
    25  conduct  of  state  business, including but not limited to any prison or
    26  jail owned or operated by any government entity under the state's juris-
    27  diction.
    28    2. (a) Probation officers shall not honor a civil immigration detainer
    29  or administrative warrant from federal immigration officials by:
    30    (i) holding a person beyond the time when such person would  otherwise
    31  be released from custody; or
    32    (ii)  expending  time or resources responding to inquiries or communi-
    33  cating with federal immigration authorities of such person's  incarcera-
    34  tion  status, release dates, court appearance dates, or any other infor-
    35  mation related to an individual in custody unless  such  a  response  or
    36  communication is required or protected by law.
    37    (b) Unless an immigration agent has a valid and properly issued crimi-
    38  nal warrant, or law enforcement officials have a legitimate law enforce-
    39  ment  purpose that is not related to the enforcement of immigration law,
    40  probation officers shall not permit any federal immigration official to:
    41    (i) have access to any person in their custody; or
    42    (ii) have access to any facility owned or operated by the state, or by
    43  any municipality within the state,  for  the  purpose  of  investigating
    44  potential violations of the civil immigration law.
    45    (c) Unless an immigration agent has a valid and properly issued crimi-
    46  nal  warrant,  or  probation  officers have a legitimate law enforcement
    47  purpose that is not related to the enforcement of  immigration  law,  no
    48  probation officer shall
    49    (i)  provide  any  detainee,  inmate or booking lists to federal immi-
    50  gration officials; or
    51    (ii) expend time or resources responding to inquiries or communicating
    52  with federal immigration officials, regarding any person's incarceration
    53  status, probation status, release date, court appearance  dates  or  any
    54  other information, unless such response or communications is required or
    55  protected by law.

        S. 1021                            32
     1    3.  Nothing  in  this section shall affect the obligation of probation
     2  officers to maintain the confidentiality  of  any  information  obtained
     3  pursuant to subdivision two of this section.
     4    4.  Nothing in this section shall be construed to confer any authority
     5  on any entity to hold persons on civil immigration detainers beyond  the
     6  authority,  if  any,  that  existed  prior to the effective date of this
     7  section.
     8    5. This section supersedes all conflicting policies, rules, procedures
     9  and practices of the state. Nothing in this section shall  be  construed
    10  to  prohibit  any state agency from cooperating with federal immigration
    11  authorities when required under federal law.  Nothing  in  this  section
    12  shall be interpreted or applied so as to create any power, duty or obli-
    13  gation in conflict with any federal, state or local law.
    14    6.  Nothing  contained  in  this  section  or in the administration or
    15  application hereof shall be construed as creating any private  right  of
    16  action  on  the  part  of any persons or entity against the state or the
    17  office.
    18    7. Annually on or before December thirty-first, the  department  shall
    19  post a report on the office's website that includes the following infor-
    20  mation for the preceding twelve month period:
    21    (a)  the  number  of civil immigration detainers received from federal
    22  immigration authorities;
    23    (b) the number of persons held pursuant to civil immigration detainers
    24  beyond the time when such persons would otherwise be released  from  the
    25  office's custody;
    26    (c)  the number of persons transferred to the custody of federal immi-
    27  gration authorities pursuant to civil immigration detainers; and
    28    (d) the justification and legal authority  for  the  transfer  of  any
    29  individual to the custody of federal immigration authorities.
    30    8.  For the purpose of this section, any reference to a statute, rule,
    31  or regulation shall be deemed to include any successor provision.
    32    § 64. The executive law is amended by adding a new  section  223-a  to
    33  read as follows:
    34    §  223-a. Prohibition on racial profiling. 1. For the purposes of this
    35  section, "racial profiling" shall mean the practice of a law enforcement
    36  officer or agency relying, to any degree, on race,  ethnicity,  national
    37  origin,  or religion in selecting which individual to subject to routine
    38  or spontaneous investigatory activities or in deciding  upon  the  scope
    39  and substance of law enforcement activity following the initial investi-
    40  gatory procedure, except when there is trustworthy information, relevant
    41  to the locality and timeframe, that links a person of a particular race,
    42  ethnicity,  national origin, or religion to an identified criminal inci-
    43  dent or scheme.
    44    2. The superintendent of state police and members of the  division  of
    45  state police shall not engage in racial profiling.
    46    3.  The  division of state police shall maintain adequate policies and
    47  procedures designed to eliminate racial  profiling  and  cease  existing
    48  practices  that  permit  racial profiling. Policies and procedures shall
    49  include:
    50    (a) a prohibition on racial profiling;
    51    (b) training on racial profiling issues as part of state police train-
    52  ing;
    53    (c) the collection of relevant data;
    54    (d) procedures for receiving, investigating and responding meaningful-
    55  ly to complaints alleging racial profiling by members of the division of
    56  state police; and

        S. 1021                            33
     1    (e) any other policies and procedures the superintendent determines to
     2  be necessary to eliminate racial profiling.
     3    4.  An individual injured by racial profiling may enforce this section
     4  in a civil action for declaratory or injunctive relief, upon proof  that
     5  the  routine  or  spontaneous investigatory activities of members of the
     6  division of state police have had a disparate impact on racial,  ethnic,
     7  or  religious  minorities and shall constitute prima facie evidence of a
     8  violation of this section. In any action or proceeding to  enforce  this
     9  section,  the  court  may allow a prevailing plaintiff reasonable attor-
    10  ney's fees as part of the costs and may include expert fees as  part  of
    11  the attorney's fee.
    12    §  65.  The  provisions of this act shall not be construed to conflict
    13  with any provision of federal  law,  rule  or  regulation,  and  in  any
    14  circumstance in which a conflict may exist, the appropriate federal law,
    15  rule or regulation shall be controlling.
    16    § 66. This act shall take effect on the first of January next succeed-
    17  ing the date on which it shall have become a law, provided that:
    18    (a)  the  amendments  to  section 6604-b of the education law, made by
    19  section fourteen of this act,  shall  not  affect  the  repeal  of  such
    20  section and shall be deemed repealed therewith;
    21    (b) section twenty-eight of this act shall take effect upon the enact-
    22  ment  into law by the state of New Jersey of legislation having an iden-
    23  tical effect with such section, but if the state  of  New  Jersey  shall
    24  have  already enacted such legislation, section twenty-eight of this act
    25  shall take effect on the effective date of this act; provided  that  the
    26  office  for  new  Americans  shall  notify the legislative bill drafting
    27  commission upon the occurrence of the enactment of such  legislation  by
    28  the  state  of  New  Jersey in order that the commission may maintain an
    29  accurate and timely effective data base of the official text of the laws
    30  of the state of New York in furtherance of effectuating  the  provisions
    31  of  section  44  of  the  legislative law and section 70-b of the public
    32  officers law;
    33    (c) section thirty-six of this act shall take effect October 3,  2020;
    34  and
    35    (d)  effective  immediately,  the addition, amendment and/or repeal of
    36  any rule or regulation necessary for the implementation of this  act  on
    37  its  effective date are authorized and directed to be made and completed
    38  on or before such effective date.
feedback