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 - Dead) 2020-01-08 - 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. LBD06626-01-9S. 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 anyS. 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 ofS. 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 three24year waiver for an alien physician to practice in an area which has been25designated by the department as medically underserved, except that the26board of regents may grant an additional extension not to exceed six27years to an alien physician to enable him or her to secure citizenship28or permanent resident status, provided such status is being actively29pursued; and provided further that the board of regents may grant an30additional three year waiver, and at its expiration, an extension for a31period not to exceed six additional years, for the holder of an H-1b32visa, 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 three44year waiver for an alien to practice in an area which has been desig-45nated a federal dental health professions shortage area, except that the46board of regents may grant an additional extension not to exceed six47years to an alien to enable him or her to secure citizenship or perma-48nent 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,55that the department may grant a three year waiver for an alien who56otherwise meets all other requirements for a restricted dental facultyS. 1021 7 1license except that the department may grant an additional extension not2to exceed six years to an alien to enable him or her to secure citizen-3ship or permanent resident status, provided such status is being active-4ly pursued. No current faculty member shall be displaced by the holder5of 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 three11year waiver for an alien to practice in an area which has been desig-12nated a federal dental health professions shortage area, except that the13board of regents may grant an additional extension not to exceed six14years to an alien to enable him or her to secure citizenship or perma-15nent 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-22time three-year waiver for a veterinarian who otherwise meets the23requirements of this article and who has accepted an offer to practice24veterinary medicine in a county in the state which the department has25certified as having a shortage of qualified applicants to fill existing26vacancies in veterinary medicine, and provided further that the board of27regents may grant an extension of such three-year waiver of not more28than 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-34time three-year waiver for an animal health technician who otherwise35meets the requirements of this article and provided further that the36board of regents may grant an extension of such three-year waiver of not37more 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-43dence 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 admittedS. 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 saidS. 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'sS. 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 andS. 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 the15following stated on the application in clear and conspicuous type:16"You must fill out the following section: Would you like to be added17to the Donate Life Registry? Check box for 'yes' or 'skip this ques-18tion'."19The commissioner of health shall not maintain records of any person20who checks "skip this question". Except where the application is made in21person or electronically, failure to check a box shall not impair the22validity of an application, and failure to check "yes" or checking "skip23this question" shall not be construed to imply a wish not to donate. In24the case of an applicant under eighteen years of age, checking "yes"25shall not constitute consent to make an anatomical gift or registration26in the donate life registry. Where an applicant has previously consented27to make an anatomical gift or registered in the donate life registry,28checking "skip this question" or failing to check a box shall not impair29that 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 orS. 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 orS. 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 ofS. 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 assistance29shall be limited to care and services (not including care and services30related to an organ transplant procedure) necessary for the treatment of31an emergency medical condition as that term is defined in section 190332of the federal social security act unless and until federal financial33participation is available for the costs of providing medical assistance34provided, however, that any such person who, on the fourth day of35August, nineteen hundred ninety-seven was residing in a residential36health care facility licensed by the department of health or in a resi-37dential facility licensed, operated or funded by the office of mental38health or the office of mental retardation and developmental disabili-39ties, and was in receipt of a medical assistance authorization based on40a finding that he or she was] (i) a person permanently residing in the 41 United States under color of law [shall, if otherwise eligible, be42eligible for medical assistance and provided, further, that any such43person who, on the fourth day of August, nineteen hundred ninety-seven,44was diagnosed as having AIDS, as defined in subdivision one of section45two thousand seven hundred eighty of the public health law, and was in46receipt of medical assistance authorization pursuant to title eleven of47article five of this chapter based on a finding that he or she was a48person permanently residing in the United States under color of law49shall, if otherwise eligible, be eligible for medical assistance:50(i) a qualified alien who entered the United States less than five51years earlier or for less than five years has had a status within the52meaning of the term "qualified alien" as defined in section 431 of the53federal personal responsibility and work opportunity reconciliation act54of 1996 (8 U.S. Code 1641), as amended, if such entry occurred on or55after the twenty-second day of August, nineteen hundred ninety-six; andS. 1021 23 1(ii) an alien whose status is not within the meaning of the term2"qualified alien" as defined in section 431 of the federal personal3responsibility and work opportunity reconciliation act of 1996 (8 U.S.4Code 1641), as amended, but who is otherwise permanently residing in the5United 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 toS. 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 theS. 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 underS. 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 theS. 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 [who32is], 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; andS. 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.