Bill Text: NY S04279 | 2021-2022 | 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) 2022-01-05 - REFERRED TO FINANCE [S04279 Detail]
Download: New_York-2021-S04279-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4279 2021-2022 Regular Sessions IN SENATE February 3, 2021 ___________ Introduced by Sens. RIVERA, SALAZAR, 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 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 immigration status, and requiring the provision of certain rights of such citizenship; to repeal section 131-k of the social services law relating to illegal aliens 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. 11 This act addresses the compelling need to lift up all state residents, 12 upon whom this state's society, vibrancy, health and economic growth 13 depend. Our state recognizes the value of those who contribute to and 14 make our state home. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07872-01-1S. 4279 2 1 It also makes economic sense to enable all New Yorkers, who are pres- 2 ent in and a part of the fabric of our state, to contribute fully to our 3 state revenue, to participate in our state conversations, and to access 4 benefits that are the foundation of a healthy, thriving New York state. 5 Although the futures of many New Yorkers are undeniably circumscribed by 6 current federal immigration law, many of those New Yorkers also enjoy an 7 inchoate federal permission to be here, and this state enables them to 8 make our state their home, as well. Many of these New Yorkers pay taxes, 9 with approximately $744 million paid in state and local taxes each year. 10 However, current state law prevents them from accessing equal higher 11 education opportunities, health care benefits and professional licenses. 12 Denying New Yorkers these benefits means denying the state its full 13 potential to succeed. 14 The state of New York respects the exclusive province of the federal 15 government to regulate immigration and the flow of immigrants into and 16 out of our country. However, this state retains and asserts its historic 17 authority to define its citizenry, and to affirmatively provide state 18 and local public benefits to citizens of the state of New York. The 19 state seeks to provide such benefits to all of its citizens, irrespec- 20 tive of that individual's eligibility for the same under federal law or 21 pursuant to federal funding. There is nothing in this act that should be 22 deemed to conflict with federal law. 23 § 3. The executive law is amended by adding a new article 14-A to read 24 as follows: 25 ARTICLE 14-A 26 NEW YORK STATE CITIZENSHIP 27 Section 275. Definitions. 28 275-a. State citizenship; administration. 29 275-b. Eligibility criteria. 30 275-c. Acceptability; benefits. 31 275-d. State agency review. 32 275-e. Severability. 33 275-f. Local laws. 34 § 275. Definitions. As used in this article: 35 1. "New York state citizen" or "citizen" shall mean any individual who 36 satisfies the requirements of subdivision one of section two hundred 37 seventy-five-c of this article. 38 2. "New York state identification card" shall mean the physical iden- 39 tification card that a citizen is eligible to receive, and which 40 includes that citizen's New York state identification number and such 41 card's date of issuance. 42 3. "New York state identification number" shall mean the unique iden- 43 tification number that a citizen is assigned by the office and which 44 appears on such citizen's New York state identification card. 45 4. "Office" shall mean the office for new Americans established by 46 section ninety-four-b of this chapter. 47 § 275-a. State citizenship; administration. 1. The provisions of this 48 article shall be administered by the office. The office shall: 49 (a) recognize the New York state citizenship of any individual 50 described in subdivision one of section two hundred seventy-five-b of 51 this article, and grant and renew New York state citizenship to any 52 individual who meets the criteria set forth in subdivision two of 53 section two hundred seventy-five-b of this article; 54 (b) grant a New York state identification card and New York state 55 identification number to any citizen;S. 4279 3 1 (c) grant a renewed New York state identification card and New York 2 state identification number to any citizen described in subdivision one 3 of section two hundred seventy-five-b of this article, and to any citi- 4 zen described in subdivision two of section two hundred seventy-five-b 5 of this article, who demonstrates that they continue to satisfy the 6 criteria set forth therein; 7 (d) promulgate rules and regulations to effect the purposes of this 8 article; and 9 (e) establish, publicize and administer procedures to grant New York 10 state citizenship, New York state identification cards and New York 11 state identification numbers. 12 2. New York state citizenship shall be a continuing status that shall 13 end when an individual is no longer a resident of the state. The New 14 York state identification card and New York state identification number 15 shall be valid for a period of five years after the date of issuance. 16 § 275-b. Eligibility criteria. Any individual, regardless of his or 17 her immigration status, who meets either of the following requirements 18 shall be deemed to be a citizen: 19 1. is a resident of the state who is a citizen of the United States; 20 or 21 2. is adjudged by the office to satisfy all of the following criteria: 22 (a) has proof of identity; 23 (b) has been a resident of the state for not less than three years; 24 (c) has paid state resident personal income taxes, pursuant to article 25 twenty-two of the tax law, for a period of not less than three taxable 26 years; provided however, that such requirement shall not apply to indi- 27 viduals who are students, primary caregivers, unable to work due to 28 disability, unemployed or otherwise not required pursuant to such arti- 29 cle of the tax law to report his or her income; 30 (d) has pledged to abide by the laws of the state and to uphold the 31 provisions of the state constitution; and 32 (e) has attested to his or her willingness to serve on jury duty, 33 pursuant to article sixteen of the judiciary law, and to continue to pay 34 any taxes required to be paid by him or her pursuant to any provision of 35 state or local law. 36 3. (a) The state shall not retain originals or copies of records 37 provided by an applicant to prove identity or residency or other eligi- 38 bility requirements of state citizenship. 39 (b) To the maximum extent allowed by applicable federal and state law, 40 information collected about applicants for state citizenship shall be 41 treated as confidential and shall not be disclosed to government enti- 42 ties or private parties unless such disclosure is: 43 (i) authorized in writing by the individual to whom such information 44 pertains, or if such individual is a minor or is otherwise not legally 45 competent, by such individual's parent or legal guardian; or 46 (ii) so ordered by a court of competent jurisdiction. 47 § 275-c. Acceptability; benefits. 1. Except as otherwise provided by 48 federal law, a New York state identification card shall be accepted and 49 be deemed to be valid government identification where a state drivers' 50 license would be accepted, and the New York state identification number 51 shall be accepted for use in substitution for a social security number. 52 2. Any person in possession of a valid New York state identification 53 card shall not be disqualified from eligibility for any of the following 54 state benefits by virtue of his or her lack of documentation of federal 55 immigration status:S. 4279 4 1 (a) any license, permit, certificate or grant of permission, as 2 defined in paragraph c of subdivision one of section 3-503 of the gener- 3 al obligations law and required by the laws of this state, its political 4 subdivisions or instrumentalities as a condition for the lawful practice 5 of any occupation, employment, trade, vocation, business or profession, 6 and issued by the state or any political subdivision thereof; 7 (b) the ability to register for and vote at state and local elections, 8 as provided in section 5-100 of the election law; 9 (c) public health benefits; 10 (d) a drivers' license, pursuant to section five hundred two of the 11 vehicle and traffic law; and 12 (e) benefits governed by articles thirteen and fourteen of the educa- 13 tion law, such as general awards, academic performance awards and 14 student loans for higher education; assistance under the higher educa- 15 tion opportunity programs and the collegiate science and technology 16 entry program; financial aid opportunities for students of the state 17 university of New York, the city university of New York and community 18 colleges; and the New York state college choice tuition savings program. 19 3. Nothing in this section shall be deemed to deprive any individual 20 of any benefit received by him or her pursuant to law prior to the 21 effective date of this article. 22 § 275-d. State agency review. All state agencies shall review their 23 rules and regulations to make sure they are consistent with this arti- 24 cle, and make such necessary changes within one hundred eighty days of 25 the effective date of this article. 26 § 275-e. Severability. If any clause, sentence, paragraph, section or 27 part of this article shall be adjudged by any court of competent juris- 28 diction to be invalid, such judgment shall not affect, impair or invali- 29 date the remainder thereof, but shall be confined in its operation to 30 the clause, sentence, paragraph, section, or part thereof directly 31 involved in the controversy in which such judgment shall have been 32 rendered. 33 § 275-f. Local laws. This article shall not prevent the establish- 34 ment, continuing in effect or enforcement of any law or regulation of 35 any political subdivision of the state that protects the rights or 36 fosters the integration of New York state citizens in a manner not 37 inconsistent with the provisions of this article. 38 § 4. Subdivision 1 of section 5-102 of the election law is amended to 39 read as follows: 40 1. No person shall be qualified to register for and vote at any 41 election unless he or she is a citizen of the United States or he or she 42 possesses a New York state identification card, and is or will be, on 43 the day of such election, eighteen years of age or over, and a resident 44 of this state and of the county, city or village for a minimum of thirty 45 days next preceding such election. 46 § 5. Subdivision 1 of section 3 of the public officers law, as amended 47 by chapter 251 of the laws of 2014, is amended to read as follows: 48 1. No person shall be capable of holding a civil office who shall not, 49 at the time he or she shall be chosen thereto, have attained the age of 50 eighteen years, except that in the case of youth boards, youth commis- 51 sions, recreation commissions, or community boards in the city of New 52 York only, members of such boards or commissions may be under the age of 53 eighteen years, but must have attained the age of sixteen years on or 54 before appointment to such youth board, youth commission, recreation 55 commission, or community board in the city of New York, be a citizen of 56 the United States or a New York state citizen, a resident of the state,S. 4279 5 1 and if it be a local office, a resident of the political subdivision or 2 municipal corporation of the state for which he or she shall be chosen, 3 or within which the electors electing him or her reside, or within which 4 his or her official functions are required to be exercised, or who shall 5 have been or shall be convicted of a violation of the selective draft 6 act of the United States, enacted May eighteenth, nineteen hundred 7 seventeen, or the acts amendatory or supplemental thereto, or of the 8 federal selective training and service act of nineteen hundred forty or 9 the acts amendatory thereof or supplemental thereto. 10 § 6. Subparagraphs vii and viii of paragraph (b) of subdivision 2 of 11 section 89 of the public officers law, as amended by section 2 of part 12 GGG of chapter 59 of the laws of 2019, are amended and two new subpara- 13 graphs ix and x are added to read as follows: 14 vii. disclosure of electronic contact information, such as an e-mail 15 address or a social network username, that has been collected from a 16 taxpayer under section one hundred four of the real property tax law; 17 [or] 18 viii. disclosure of law enforcement arrest or booking photographs of 19 an individual, unless public release of such photographs will serve a 20 specific law enforcement purpose and disclosure is not precluded by any 21 state or federal laws[.]; 22 ix. disclosure of information used to obtain New York state citizen- 23 ship on a New York state identification card including but not limited 24 to names, addresses and identifying information of recipients or appli- 25 cants of such citizenship or cards, and any information that could 26 reasonably be expected to lead to such disclosure; or 27 x. disclosure of information when disclosure would result in identifi- 28 cation of people who are New York state citizens. 29 § 7. Subdivision 2 of section 5 of the tax law, as amended by chapter 30 170 of the laws of 1994, is amended to read as follows: 31 2. Requiring information. Notwithstanding any other provision of law, 32 every covered agency shall, as part of the procedure for granting, 33 renewing, amending, supplementing or restating the license of any person 34 or at the time the covered agency contracts to purchase or purchases 35 goods or services or leases real or personal property from any person, 36 require that each such person provide to the covered agency such 37 person's federal social security account number [or], federal employer 38 identification number or New York state identification number, or [both] 39 all such numbers when such person has [both] more than one such 40 [numbers] number, or, where such person does not have such number or 41 numbers, the reason or reasons why such person does not have such number 42 or numbers. Such numbers or reasons shall be obtained by such covered 43 agency as part of the administration of the taxes administered by the 44 commissioner for the purpose of establishing the identification of 45 persons affected by such taxes. 46 § 8. Subparagraph 3 of paragraph (a) of subdivision 3 of section 5 of 47 the tax law, as amended by chapter 170 of the laws of 1994, is amended 48 to read as follows: 49 (3) federal social security account number [or], federal employer 50 identification number or New York state identification number, or [both] 51 all such numbers where such person has [both] more than one such 52 [numbers] number, or the reason or reasons, furnished by such person, 53 why such person does not have such number or numbers. 54 § 9. The opening paragraph of subdivision 2 of section 3-503 of the 55 general obligations law, as amended by chapter 398 of the laws of 1997, 56 is amended to read as follows:S. 4279 6 1 Every applicant for a license or renewal thereof shall provide his or 2 her social security number or, if he or she does not have a social secu- 3 rity number, his or her New York state identification number on the 4 application. Additionally, every applicant for a license or renewal 5 thereof shall certify in the application in a written statement under 6 oath, duly sworn and subscribed, that as of the date the application is 7 filed he or she is (or is not) under obligation to pay child support and 8 that if he or she is under such an obligation, that he or she does (or 9 does not) meet one of the following requirements: 10 § 10. Paragraph (f) of subdivision 6 of section 6506 of the education 11 law, as amended by chapter 133 of the laws of 1982, is amended to read 12 as follows: 13 (f) Citizenship or immigration status: be a United States citizen 14 [or], an alien lawfully admitted for permanent residence in the United 15 States or a New York state citizen; 16 § 11. Subdivision 6 of section 6524 of the education law, as amended 17 by chapter 379 of the laws of 2008, is amended to read as follows: 18 (6) Citizenship or immigration status: be a United States citizen 19 [or], an alien lawfully admitted for permanent residence in the United 20 States[; provided, however that the board of regents may grant a three21year waiver for an alien physician to practice in an area which has been22designated by the department as medically underserved, except that the23board of regents may grant an additional extension not to exceed six24years to an alien physician to enable him or her to secure citizenship25or permanent resident status, provided such status is being actively26pursued; and provided further that the board of regents may grant an27additional three year waiver, and at its expiration, an extension for a28period not to exceed six additional years, for the holder of an H-1b29visa, an O-1 visa, or an equivalent or successor visa thereto] or a New 30 York state citizen; 31 § 12. Subdivision 6 of section 6554 of the education law, as amended 32 by chapter 133 of the laws of 1982, is amended to read as follows: 33 (6) Citizenship or immigration status: be a United States citizen 34 [or], an alien lawfully admitted for permanent residence in the United 35 States or a New York state citizen; 36 § 13. Subdivision 6 of section 6604 of the education law, as amended 37 by chapter 403 of the laws of 2002, is amended to read as follows: 38 (6) Citizenship or immigration status: be a United States citizen 39 [or], an alien lawfully admitted for permanent residence in the United 40 States[; provided, however, that the board of regents may grant a three41year waiver for an alien to practice in an area which has been desig-42nated a federal dental health professions shortage area, except that the43board of regents may grant an additional extension not to exceed six44years to an alien to enable him or her to secure citizenship or perma-45nent resident status, provided such status is being actively pursued] or 46 a New York state citizen; 47 § 14. Subdivision 7 of section 6604-b of the education law, as added 48 by chapter 537 of the laws of 2008, is amended to read as follows: 49 7. In order to be eligible for a restricted dental faculty license an 50 applicant must be a United States citizen [or], an alien lawfully admit- 51 ted for permanent residence in the United States[; provided, however,52that the department may grant a three year waiver for an alien who53otherwise meets all other requirements for a restricted dental faculty54license except that the department may grant an additional extension not55to exceed six years to an alien to enable him or her to secure citizen-56ship or permanent resident status, provided such status is being active-S. 4279 7 1ly pursued. No current faculty member shall be displaced by the holder2of a restricted dental faculty license] or a New York state citizen. 3 § 15. Subdivision 6 of section 6609 of the education law, as amended 4 by chapter 403 of the laws of 2002, is amended to read as follows: 5 (6) Citizenship or immigration status: be a United States citizen 6 [or], an alien lawfully admitted for permanent residence in the United 7 States[; provided, however, that the board of regents may grant a three8year waiver for an alien to practice in an area which has been desig-9nated a federal dental health professions shortage area, except that the10board of regents may grant an additional extension not to exceed six11years to an alien to enable him or her to secure citizenship or perma-12nent resident status, provided such status is being actively pursued] or 13 a New York state citizen; 14 § 16. Subdivision 6 of section 6704 of the education law, as amended 15 by chapter 201 of the laws of 2007, is amended to read 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[; provided, however that the board of regents may grant a one-19time three-year waiver for a veterinarian who otherwise meets the20requirements of this article and who has accepted an offer to practice21veterinary medicine in a county in the state which the department has22certified as having a shortage of qualified applicants to fill existing23vacancies in veterinary medicine, and provided further that the board of24regents may grant an extension of such three-year waiver of not more25than one year] or a New York state citizen; 26 § 17. Subdivision 6 of section 6711 of the education law, as amended 27 by chapter 80 of the laws of 2000, is amended to read as follows: 28 6. Citizenship or immigration status: be a United States citizen [or], 29 an alien lawfully admitted for permanent residence in the United 30 States[; provided, however that the board of regents may grant a one-31time three-year waiver for an animal health technician who otherwise32meets the requirements of this article and provided further that the33board of regents may grant an extension of such three-year waiver of not34more than one year] or a New York state citizen; 35 § 18. Subdivision 1 of section 6711-a of the education law, as amended 36 by chapter 333 of the laws of 1990, is amended to read as follows: 37 1. Eligibility. Persons shall be eligible for a limited permit who 38 fulfill all requirements for a license as a veterinary technician except 39 those relating to the examination [and citizenship or permanent resi-40dence in the United States]. 41 § 19. Paragraph 6 of subdivision 1 of section 6805 of the education 42 law, as amended by chapter 133 of the laws of 1982, is amended to read 43 as follows: 44 (6) Citizenship or immigration status: be a United States citizen 45 [or], an alien lawfully admitted for permanent residence in the United 46 States or a New York state citizen; 47 § 20. Subdivision 6 of section 6955 of the education law, as added by 48 chapter 327 of the laws of 1992, is amended to read as follows: 49 6. Citizenship or immigration status: be a United States citizen [or], 50 an alien lawfully admitted for permanent residence in the United States 51 or a New York state citizen. 52 § 21. Paragraph 6 of subdivision 1 of section 7206 of the education 53 law, as amended by chapter 133 of the laws of 1982, is amended to read 54 as follows:S. 4279 8 1 (6) Citizenship or immigration status: be a United States citizen 2 [or], an alien lawfully admitted for permanent residence in the United 3 States or a New York state citizen; 4 § 22. Paragraph 6 of subdivision 1 of section 7206-a of the education 5 law, as amended by chapter 322 of the laws of 2019, is amended to read 6 as follows: 7 (6) Citizenship or immigration status: be a United States citizen 8 [or], an alien lawfully admitted for permanent residence in the United 9 States or a New York state citizen; 10 § 23. Paragraph 6 of subdivision 1 of section 7324 of the education 11 law, as amended by chapter 133 of the laws of 1982, is amended to read 12 as follows: 13 (6) Citizenship or immigration status: be a United States citizen 14 [or], an alien lawfully admitted for permanent residence in the United 15 States or a New York state citizen; 16 § 24. Paragraph 6 of subdivision 1 of section 7504 of the education 17 law, as amended by chapter 133 of the laws of 1982, is amended to read 18 as follows: 19 (6) Citizenship or immigration status: be a United States citizen [or] 20 , an alien lawfully admitted for permanent residence in the United 21 States or a New York state citizen; 22 § 25. Subdivision 5 of section 7804 of the education law, as amended 23 by chapter 230 of the laws of 1997, is amended to read as follows: 24 (5) Citizenship or immigration status: be a United States citizen 25 [or], an alien lawfully admitted for permanent residence in the United 26 States or a New York state citizen; 27 § 26. Subdivisions 3 and 4 of section 126 of the alcoholic beverage 28 control law, subdivision 3 as added by chapter 133 of the laws of 1982 29 and subdivision 4 as amended by section 50 of subpart B of part C of 30 chapter 62 of the laws of 2011, are amended to read as follows: 31 3. A person who is not a citizen of the United States [or], an alien 32 lawfully admitted for permanent residence in the United States or a New 33 York state citizen. 34 4. A copartnership or a corporation, unless each member of the part- 35 nership, or each of the principal officers and directors of the corpo- 36 ration, is a citizen of the United States [or], an alien lawfully admit- 37 ted for permanent residence in the United States or a New York state 38 citizen, not less than twenty-one years of age, and has not been 39 convicted of any felony or any of the misdemeanors, specified in section 40 eleven hundred forty-six of the former penal law as in force and effect 41 immediately prior to September first, nineteen hundred sixty-seven, or 42 of an offense defined in section 230.20 or 230.40 of the penal law, or 43 if so convicted has received, subsequent to such conviction, an execu- 44 tive pardon therefor removing this disability a certificate of good 45 conduct granted by the department of corrections and community super- 46 vision, or a certificate of relief from disabilities granted by the 47 department of corrections and community supervision or a court of this 48 state pursuant to the provisions of article twenty-three of the 49 correction law to remove the disability under this section because of 50 such conviction; provided however that a corporation which otherwise 51 conforms to the requirements of this section and chapter may be licensed 52 if each of its principal officers and more than one-half of its direc- 53 tors are citizens of the United States [or], aliens lawfully admitted 54 for permanent residence in the United States or New York state citizens; 55 and provided further that a corporation organized under the not-for-pro- 56 fit corporation law or the education law which otherwise conforms to theS. 4279 9 1 requirements of this section and chapter may be licensed if each of its 2 principal officers and more than one-half of its directors are not less 3 than twenty-one years of age and none of its directors are less than 4 eighteen years of age; and provided further that a corporation organized 5 under the not-for-profit corporation law or the education law and 6 located on the premises of a college as defined by section two of the 7 education law which otherwise conforms to the requirements of this 8 section and chapter may be licensed if each of its principal officers 9 and each of its directors are not less than eighteen years of age. 10 § 27. Section 10 of the general city law, as amended by chapter 133 of 11 the laws of 1982, is amended to read as follows: 12 § 10. Licenses to adult blind persons. The mayor of any city shall 13 have the power to issue a license to any adult blind person for the 14 vending of goods, or newspapers in such places as he or she may set 15 aside for this purpose. The license shall be issued for a term of one 16 year and no charge shall be made for the license. A license shall not be 17 issued to a blind person unless he or she is a resident for three years 18 in the city in which application for such license is made, and is a 19 citizen of the United States [or], an alien lawfully admitted for perma- 20 nent residence in the United States or a New York state citizen. 21 This license shall be revocable only for cause. 22 § 28. Paragraphs (a) and (c) of subdivision 2 of article X of section 23 1 of part I of chapter 882 of the laws of 1953, establishing a compact 24 with the state of New Jersey for the elimination of criminal and corrupt 25 practices in the handling of waterborne freight within the port of New 26 York district, are amended to read as follows: 27 (a) The full name, residence, business address (if any), place and 28 date of birth, and the social security number or the New York state 29 identification number of the applicant; 30 (c) The citizenship of the applicant and, if he or she is a natural- 31 ized citizen of the United States, the court and date of his or her 32 naturalization, or if he or she is a New York state citizen, the date of 33 issuance of his or her New York state identification card; and 34 § 29. Paragraph (a) of subdivision 2 of section 3421 of the public 35 health law, as amended by chapter 534 of the laws of 1983, is amended to 36 read as follows: 37 (a) is a citizen of the United States [or], an alien lawfully admitted 38 for permanent residence in the United States or a New York state 39 citizen; 40 § 30. Section 41 of the general business law, as amended by chapter 41 321 of the laws of 1983, is amended to read as follows: 42 § 41. Licenses, how obtained; penalty for carrying on business without 43 license. The mayor or such local licensing authority may from time to 44 time grant, under his or her hand and the official seal of his or her 45 office, to such citizens of the United States, [or] aliens lawfully 46 admitted for permanent residence in the United States or New York state 47 citizens, as he or she shall deem proper and who shall produce to him or 48 her satisfactory evidence of their good character, a license authorizing 49 such person to carry on the business of a collateral loan broker, which 50 license shall designate the house in which such person shall carry on 51 said business, and no person, corporation, partnership or firm shall 52 carry on the business of a collateral loan broker without being duly 53 licensed, nor in any other house than the one designated in said 54 license, under a penalty of one hundred dollars for each day he, she or 55 they shall exercise or carry on said business without such license or at 56 any other house than the one so designated. Any person receiving suchS. 4279 10 1 license shall pay therefor the sum of five hundred dollars for the use 2 of the city yearly where such business is to be conducted in a city with 3 a population of more than one million persons, and where the business is 4 to be conducted elsewhere the fee for such license shall not exceed two 5 hundred fifty dollars yearly, and every such license shall expire one 6 year from the date thereof, and may be renewed on application to the 7 mayor or local licensing authority each and every year on payment of the 8 same sum and upon performance of the other conditions herein contained. 9 Every person so licensed shall, at the time of receiving such license, 10 file with the mayor or such local licensing authority granting the same 11 a bond to the local authorities, to be executed by the person so 12 licensed and by two responsible sureties, in the penal sum of ten thou- 13 sand dollars, to be approved by such mayor or local licensing authority, 14 which bond shall be conditioned for the faithful performance of the 15 duties and obligations pertaining to the business so licensed, and the 16 mayor or such local licensing authority shall have full power and 17 authority to revoke such license for cause. 18 § 31. Section 460 of the judiciary law, as amended by chapter 226 of 19 the laws of 1985, is amended to read as follows: 20 § 460. Examination and admission of attorneys. An applicant for admis- 21 sion to practice as an attorney or counsellor in this state, must be 22 examined and licensed to practice as prescribed in this chapter and in 23 the rules of the court of appeals. Race, creed, color, national origin, 24 alienage [or], sex, status as a New York state citizen or federal immi- 25 gration card shall constitute no cause for refusing any person examina- 26 tion or admission to practice. 27 § 32. Paragraphs (a), (b), (c), (d) and (h) of subdivision 1 of 28 section 296 of the executive law, paragraphs (a), (b), (c) and (d) as 29 amended by chapter 8 and paragraph (a) as separately amended by chapter 30 176 of the laws of 2019, and paragraph (h) as amended by chapter 161 of 31 the laws of 2019, are amended to read as follows: 32 (a) For an employer or licensing agency, because of an individual's 33 age, race, creed, color, national origin, sexual orientation, gender 34 identity or expression, military status, sex, disability, predisposing 35 genetic characteristics, status as a New York state citizen, familial 36 status, marital status, or status as a victim of domestic violence, to 37 refuse to hire or employ or to bar or to discharge from employment such 38 individual or to discriminate against such individual in compensation or 39 in terms, conditions or privileges of employment. 40 (b) For an employment agency to discriminate against any individual 41 because of age, race, creed, color, national origin, sexual orientation, 42 gender identity or expression, military status, sex, disability, predis- 43 posing genetic characteristics, status as a New York state citizen, 44 familial status, or marital status, in receiving, classifying, disposing 45 or otherwise acting upon applications for its services or in referring 46 an applicant or applicants to an employer or employers. 47 (c) For a labor organization, because of the age, race, creed, color, 48 national origin, sexual orientation, gender identity or expression, 49 military status, sex, disability, predisposing genetic characteristics, 50 status as a New York state citizen, familial status, or marital status 51 of any individual, to exclude or to expel from its membership such indi- 52 vidual or to discriminate in any way against any of its members or 53 against any employer or any individual employed by an employer. 54 (d) For any employer or employment agency to print or circulate or 55 cause to be printed or circulated any statement, advertisement or publi- 56 cation, or to use any form of application for employment or to make anyS. 4279 11 1 inquiry in connection with prospective employment, which expresses 2 directly or indirectly, any limitation, specification or discrimination 3 as to age, race, creed, color, national origin, sexual orientation, 4 gender identity or expression, military status, sex, disability, predis- 5 posing genetic characteristics, status as a New York state citizen, 6 familial status, or marital status, or any intent to make any such limi- 7 tation, specification or discrimination, unless based upon a bona fide 8 occupational qualification; provided, however, that neither this para- 9 graph nor any provision of this chapter or other law shall be construed 10 to prohibit the department of civil service or the department of person- 11 nel of any city containing more than one county from requesting informa- 12 tion from applicants for civil service examinations concerning any of 13 the aforementioned characteristics, other than sexual orientation, for 14 the purpose of conducting studies to identify and resolve possible prob- 15 lems in recruitment and testing of members of minority groups to insure 16 the fairest possible and equal opportunities for employment in the civil 17 service for all persons, regardless of age, race, creed, color, national 18 origin, sexual orientation or gender identity or expression, military 19 status, sex, disability, predisposing genetic characteristics, familial 20 status, or marital status. 21 (h) For an employer, licensing agency, employment agency or labor 22 organization to subject any individual to harassment because of an indi- 23 vidual's age, race, creed, color, national origin, sexual orientation, 24 gender identity or expression, military status, sex, disability, predis- 25 posing genetic characteristics, status as a New York state citizen, 26 familial status, marital status, domestic violence victim status, or 27 because the individual has opposed any practices forbidden under this 28 article or because the individual has filed a complaint, testified or 29 assisted in any proceeding under this article, regardless of whether 30 such harassment would be considered severe or pervasive under precedent 31 applied to harassment claims. Such harassment is an unlawful discrimina- 32 tory practice when it subjects an individual to inferior terms, condi- 33 tions or privileges of employment because of the individual's membership 34 in one or more of these protected categories. The fact that such indi- 35 vidual did not make a complaint about the harassment to such employer, 36 licensing agency, employment agency or labor organization shall not be 37 determinative of whether such employer, licensing agency, employment 38 agency or labor organization shall be liable. Nothing in this section 39 shall imply that an employee must demonstrate the existence of an indi- 40 vidual to whom the employee's treatment must be compared. It shall be an 41 affirmative defense to liability under this subdivision that the harass- 42 ing conduct does not rise above the level of what a reasonable victim of 43 discrimination with the same protected characteristic or characteristics 44 would consider petty slights or trivial inconveniences. 45 § 33. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of 46 the executive law, as amended by chapter 8 of the laws of 2019, 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, gender identity or 50 expression, military status, sex, age, disability, status as a New York 51 state citizen, familial status, or marital status, the right to be 52 admitted to or participate in a guidance program, an apprenticeship 53 training program, on-the-job training program, executive training 54 program, or other occupational training or 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. 4279 12 1 tions or privileges of such programs because of race, creed, color, 2 national origin, sexual orientation, gender identity or expression, 3 military status, sex, age, disability, status as a New York state citi- 4 zen, familial status or marital 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, gender identity or expression, military status, sex, 11 age, disability, status as a New York state citizen, familial status or 12 marital status, or any intention to make any such limitation, specifica- 13 tion or discrimination, unless based on a bona fide occupational quali- 14 fication. 15 § 34. Paragraph (a) of subdivision 2 of section 296 of the executive 16 law, as amended by chapter 8 of the laws of 2019, is amended to read as 17 follows: 18 (a) It shall be an unlawful discriminatory practice for any person, 19 being the owner, lessee, proprietor, manager, superintendent, agent or 20 employee of any place of public accommodation, resort or amusement, 21 because of the race, creed, color, national origin, sexual orientation, 22 gender identity or expression, military status, sex, disability, status 23 as a New York state citizen or marital status of any person, directly or 24 indirectly, to refuse, withhold from or deny to such person any of the 25 accommodations, advantages, facilities or privileges thereof, including 26 the extension of credit, or, directly or indirectly, to publish, circu- 27 late, issue, display, post or mail any written or printed communication, 28 notice or advertisement, to the effect that any of the accommodations, 29 advantages, facilities and privileges of any such place shall be 30 refused, withheld from or denied to any person on account of race, 31 creed, color, national origin, sexual orientation, gender identity or 32 expression, military status, sex, disability, status as a New York state 33 citizen or marital status, or that the patronage or custom thereat of 34 any person of or purporting to be of any particular race, creed, color, 35 national origin, sexual orientation, gender identity or expression, 36 military status, sex, status as a New York state citizen or marital 37 status, or having a disability is unwelcome, objectionable or not 38 acceptable, desired or solicited. 39 § 35. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 40 296 of the executive law, paragraphs (a), (b) and (c) as amended by 41 section 3 of part T of chapter 56 of the laws of 2019, are amended to 42 read as follows: 43 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 44 hold from any person or group of persons such housing accommodations 45 because of the race, creed, color, disability, national origin, sexual 46 orientation, gender identity or expression, military status, age, sex, 47 status as a New York state citizen, marital status, lawful source of 48 income or familial status of such person or persons, or to represent 49 that any housing accommodation or land is not available for inspection, 50 sale, rental or lease when in fact it is so available. 51 (b) To discriminate against any person because of his or her race, 52 creed, color, disability, national origin, sexual orientation, gender 53 identity or expression, military status, age, sex, status as a New York 54 state citizen, marital status, lawful source of income or familial 55 status in the terms, conditions or privileges of any publicly-assistedS. 4279 13 1 housing accommodations or in the furnishing of facilities or services in 2 connection therewith. 3 (c) To cause to be made any written or oral inquiry or record concern- 4 ing the race, creed, color, disability, national origin, sexual orien- 5 tation, gender identity or expression, membership in the reserve armed 6 forces of the United States or in the organized militia of the state, 7 age, sex, status as a New York state citizen, marital status, lawful 8 source of income or familial status of a person seeking to rent or lease 9 any publicly-assisted housing accommodation; provided, however, that 10 nothing in this subdivision shall prohibit a member of the reserve armed 11 forces of the United States or in the organized militia of the state 12 from voluntarily disclosing such membership. 13 (c-1) To print or circulate or cause to be printed or circulated any 14 statement, advertisement or publication, or to use any form of applica- 15 tion for the purchase, rental or lease of such housing accommodation or 16 to make any record or inquiry in connection with the prospective 17 purchase, rental or lease of such a housing accommodation which 18 expresses, directly or indirectly, any limitation, specification or 19 discrimination as to race, creed, color, national origin, sexual orien- 20 tation, gender identity or expression, military status, sex, age, disa- 21 bility, status as a New York state citizen, marital status, lawful 22 source of income or familial status, or any intent to make any such 23 limitation, specification or discrimination. 24 § 36. Subdivisions 3-b and 4 of section 296 of the executive law, as 25 amended by chapter 8 and subdivision 4 as separately amended by chapter 26 116 of the laws of 2019, are amended to read as follows: 27 3-b. It shall be an unlawful discriminatory practice for any real 28 estate broker, real estate salesperson or employee or agent thereof or 29 any other individual, corporation, partnership or organization for the 30 purpose of inducing a real estate transaction from which any such person 31 or any of its stockholders or members may benefit financially, to repre- 32 sent that a change has occurred or will or may occur in the composition 33 with respect to race, creed, color, national origin, sexual orientation, 34 gender identity or expression, military status, sex, disability, status 35 as a New York state citizen, marital status, or familial status of the 36 owners or occupants in the block, neighborhood or area in which the real 37 property is located, and to represent, directly or indirectly, that this 38 change will or may result in undesirable consequences in the block, 39 neighborhood or area in which the real property is located, including 40 but not limited to the lowering of property values, an increase in crim- 41 inal or anti-social behavior, or a decline in the quality of schools or 42 other facilities. 43 4. It shall be an unlawful discriminatory practice for an educational 44 institution to deny the use of its facilities to any person otherwise 45 qualified, or to permit the harassment of any student or applicant, by 46 reason of his race, color, religion, disability, status as a New York 47 state citizen, national origin, sexual orientation, gender identity or 48 expression, military status, sex, age or marital status, except that any 49 such institution which establishes or maintains a policy of educating 50 persons of one sex exclusively may admit students of only one sex. 51 § 37. Subdivision 5 of section 296 of the executive law, as amended by 52 chapter 8 of the laws of 2019, subparagraphs 1, 2 and 3 of paragraph (a) 53 as amended by section 4, subparagraphs 1 and 2 of paragraph (c) as 54 amended by section 5, and paragraph (d) as amended by section 6 of part 55 T of chapter 56 of the laws of 2019, is amended to read as follows:S. 4279 14 1 5. (a) It shall be an unlawful discriminatory practice for the owner, 2 lessee, sub-lessee, assignee, or managing agent of, or other person 3 having the right to sell, rent or lease a housing accommodation, 4 constructed or to be constructed, or any agent or employee thereof: 5 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 6 from any person or group of persons such a housing accommodation because 7 of the race, creed, color, national origin, sexual orientation, gender 8 identity or expression, military status, sex, age, disability, status as 9 a New York state citizen, marital status, lawful source of income or 10 familial status of such person or persons, or to represent that any 11 housing accommodation or land is not available for inspection, sale, 12 rental or lease when in fact it is so available. 13 (2) To discriminate against any person because of race, creed, color, 14 national origin, sexual orientation, gender identity or expression, 15 military status, sex, age, disability, status as a New York state citi- 16 zen, marital status, lawful source of income or familial status in the 17 terms, conditions or privileges of the sale, rental or lease of any such 18 housing accommodation or in the furnishing of facilities or services in 19 connection therewith. 20 (3) To print or circulate or cause to be printed or circulated any 21 statement, advertisement or publication, or to use any form of applica- 22 tion for the purchase, rental or lease of such housing accommodation or 23 to make any record or inquiry in connection with the prospective 24 purchase, rental or lease of such a housing accommodation which 25 expresses, directly or indirectly, any limitation, specification or 26 discrimination as to race, creed, color, national origin, sexual orien- 27 tation, gender identity or expression, military status, sex, age, disa- 28 bility, status as a New York state citizen, marital status, lawful 29 source of income or familial status, or any intent to make any such 30 limitation, specification or discrimination. 31 The provisions of this paragraph [(a)] shall not apply (1) to the 32 rental of a housing accommodation in a building which contains housing 33 accommodations for not more than two families living independently of 34 each other, if the owner resides in one of such housing accommodations, 35 (2) to the restriction of the rental of all rooms in a housing accommo- 36 dation to individuals of the same sex or (3) to the rental of a room or 37 rooms in a housing accommodation, if such rental is by the occupant of 38 the housing accommodation or by the owner of the housing accommodation 39 and the owner resides in such housing accommodation or (4) solely with 40 respect to age and familial status to the restriction of the sale, 41 rental or lease of housing accommodations exclusively to persons sixty- 42 two years of age or older and the spouse of any such person, or for 43 housing intended and operated for occupancy by at least one person 44 fifty-five years of age or older per unit. In determining whether hous- 45 ing is intended and operated for occupancy by persons fifty-five years 46 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 47 federal Fair Housing Act of 1988, as amended, shall apply. 48 (b) It shall be an unlawful discriminatory practice for the owner, 49 lessee, sub-lessee, or managing agent of, or other person having the 50 right of ownership or possession of or the right to sell, rent or lease, 51 land or commercial space: 52 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 53 from any person or group of persons land or commercial space because of 54 the race, creed, color, national origin, sexual orientation, gender 55 identity or expression, military status, sex, age, disability, status as 56 a New York state citizen, marital status, or familial status of suchS. 4279 15 1 person or persons, or to represent that any housing accommodation or 2 land is not available for inspection, sale, rental or lease when in fact 3 it is so available; 4 (2) To discriminate against any person because of race, creed, color, 5 national origin, sexual orientation, gender identity or expression, 6 military status, sex, age, disability, status as a New York state citi- 7 zen, marital status, or familial status in the terms, conditions or 8 privileges of the sale, rental or lease of any such land or commercial 9 space; or in the furnishing of facilities or services in connection 10 therewith; 11 (3) To print or circulate or cause to be printed or circulated any 12 statement, advertisement or publication, or to use any form of applica- 13 tion for the purchase, rental or lease of such land or commercial space 14 or to make any record or inquiry in connection with the prospective 15 purchase, rental or lease of such land or commercial space which 16 expresses, directly or indirectly, any limitation, specification or 17 discrimination as to race, creed, color, national origin, sexual orien- 18 tation, gender identity or expression, military status, sex, age, disa- 19 bility, status as a New York state citizen, marital status, or familial 20 status; or any intent to make any such limitation, specification or 21 discrimination. 22 (4) With respect to age and familial status, the provisions of this 23 paragraph shall not apply to the restriction of the sale, rental or 24 lease of land or commercial space exclusively to persons fifty-five 25 years of age or older and the spouse of any such person, or to the 26 restriction of the sale, rental or lease of land to be used for the 27 construction, or location of housing accommodations exclusively for 28 persons sixty-two years of age or older, or intended and operated for 29 occupancy by at least one person fifty-five years of age or older per 30 unit. In determining whether housing is intended and operated for occu- 31 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 32 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 33 amended, shall apply. 34 (c) It shall be an unlawful discriminatory practice for any real 35 estate broker, real estate salesperson or employee or agent thereof: 36 (1) To refuse to sell, rent or lease any housing accommodation, land 37 or commercial space to any person or group of persons or to refuse to 38 negotiate for the sale, rental or lease, of any housing accommodation, 39 land or commercial space to any person or group of persons because of 40 the race, creed, color, national origin, sexual orientation, gender 41 identity or expression, military status, sex, age, disability, status as 42 a New York state citizen, marital status, lawful source of income or 43 familial status of such person or persons, or to represent that any 44 housing accommodation, land or commercial space is not available for 45 inspection, sale, rental or lease when in fact it is so available, or 46 otherwise to deny or withhold any housing accommodation, land or commer- 47 cial space or any facilities of any housing accommodation, land or 48 commercial space from any person or group of persons because of the 49 race, creed, color, national origin, sexual orientation, gender identity 50 or expression, military status, sex, age, disability, status as a New 51 York state citizen, marital status, lawful source of income or familial 52 status of such person or persons. 53 (2) To print or circulate or cause to be printed or circulated any 54 statement, advertisement or publication, or to use any form of applica- 55 tion for the purchase, rental or lease of any housing accommodation, 56 land or commercial space or to make any record or inquiry in connectionS. 4279 16 1 with the prospective purchase, rental or lease of any housing accommo- 2 dation, land or commercial space which expresses, directly or indirect- 3 ly, any limitation, specification, or discrimination as to race, creed, 4 color, national origin, sexual orientation, gender identity or 5 expression, military status, sex, age, disability, status as a New York 6 state citizen, marital status, lawful source of income or familial 7 status; or any intent to make any such limitation, specification or 8 discrimination. 9 (3) With respect to age and familial status, the provisions of this 10 paragraph shall not apply to the restriction of the sale, rental or 11 lease of any housing accommodation, land or commercial space exclusively 12 to persons fifty-five years of age or older and the spouse of any such 13 person, or to the restriction of the sale, rental or lease of any hous- 14 ing accommodation or land to be used for the construction or location of 15 housing accommodations for persons sixty-two years of age or older, or 16 intended and operated for occupancy by at least one person fifty-five 17 years of age or older per unit. In determining whether housing is 18 intended and operated for occupancy by persons fifty-five years of age 19 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 20 federal Fair Housing Act of 1988, as amended, shall apply. 21 (d) It shall be an unlawful discriminatory practice for any real 22 estate board, because of the race, creed, color, national origin, sexual 23 orientation, gender identity or expression, military status, age, sex, 24 disability, status as a New York state citizen, marital status, lawful 25 source of income or familial status of any individual who is otherwise 26 qualified for membership, to exclude or expel such individual from 27 membership, or to discriminate against such individual in the terms, 28 conditions and privileges of membership in such board. 29 (e) It shall be an unlawful discriminatory practice for the owner, 30 proprietor or managing agent of, or other person having the right to 31 provide care and services in, a private proprietary nursing home, conva- 32 lescent home, or home for adults, or an intermediate care facility, as 33 defined in section two of the social services law, heretofore 34 constructed, or to be constructed, or any agent or employee thereof, to 35 refuse to provide services and care in such home or facility to any 36 individual or to discriminate against any individual in the terms, 37 conditions, and privileges of such services and care solely because such 38 individual is a blind person. For purposes of this paragraph, a "blind 39 person" shall mean a person who is registered as a blind person with the 40 commission for the visually handicapped and who meets the definition of 41 a "blind person" pursuant to section three of chapter four hundred 42 fifteen of the laws of nineteen hundred thirteen entitled "An act to 43 establish a state commission for improving the condition of the blind of 44 the state of New York, and making an appropriation therefor". 45 (f) The provisions of this subdivision, as they relate to age, shall 46 not apply to persons under the age of eighteen years. 47 (g) It shall be an unlawful discriminatory practice for any person 48 offering or providing housing accommodations, land or commercial space 49 as described in paragraphs (a), (b), and (c) of this subdivision to make 50 or cause to be made any written or oral inquiry or record concerning 51 membership of any person in the state organized militia in relation to 52 the purchase, rental or lease of such housing accommodation, land, or 53 commercial space, provided, however, that nothing in this subdivision 54 shall prohibit a member of the state organized militia from voluntarily 55 disclosing such membership.S. 4279 17 1 § 38. Paragraph (a) of subdivision 9 of section 296 of the executive 2 law, as amended by chapter 8 of the laws of 2019, is amended to read as 3 follows: 4 (a) It shall be an unlawful discriminatory practice for any fire 5 department or fire company therein, through any member or members there- 6 of, officers, board of fire commissioners or other body or office having 7 power of appointment of volunteer firefighters, directly or indirectly, 8 by ritualistic practice, constitutional or by-law prescription, by tacit 9 agreement among its members, or otherwise, to deny to any individual 10 membership in any volunteer fire department or fire company therein, or 11 to expel or discriminate against any volunteer member of a fire depart- 12 ment or fire company therein, because of the race, creed, color, 13 national origin, sexual orientation, gender identity or expression, 14 military status, sex, status as a New York state citizen, marital 15 status, or familial status, of such individual. 16 § 39. Subdivision 13 of section 296 of the executive law, as amended 17 by chapter 8 of the laws of 2019, is amended to read as follows: 18 13. It shall be an unlawful discriminatory practice (i) for any person 19 to boycott or blacklist, or to refuse to buy from, sell to or trade 20 with, or otherwise discriminate against any person, because of the race, 21 creed, color, national origin, sexual orientation, gender identity or 22 expression, military status, sex, disability, status as a New York state 23 citizen, or familial status, of such person, or of such person's part- 24 ners, members, stockholders, directors, officers, managers, superinten- 25 dents, agents, employees, business associates, suppliers or customers, 26 or (ii) for any person wilfully to do any act or refrain from doing any 27 act which enables any such person to take such action. This subdivision 28 shall not apply to: 29 (a) Boycotts connected with labor disputes; or 30 (b) Boycotts to protest unlawful discriminatory practices. 31 § 40. Subdivisions 1, 2 and 3 of section 296-a of the executive law, 32 as amended by chapter 8 of the laws of 2019, are amended to read as 33 follows: 34 1. It shall be an unlawful discriminatory practice for any creditor or 35 any officer, agent or employee thereof: 36 a. In the case of applications for credit with respect to the 37 purchase, acquisition, construction, rehabilitation, repair or mainte- 38 nance of any housing accommodation, land or commercial space to discrim- 39 inate against any such applicant because of the race, creed, color, 40 national origin, sexual orientation, gender identity or expression, 41 military status, age, sex, marital status, disability, status as a New 42 York state citizen, or familial status of such applicant or applicants 43 or any member, stockholder, director, officer or employee of such appli- 44 cant or applicants, or of the prospective occupants or tenants of such 45 housing accommodation, land or commercial space, in the granting, with- 46 holding, extending or renewing, or in the fixing of the rates, terms or 47 conditions of, any such credit; 48 b. To discriminate in the granting, withholding, extending or renew- 49 ing, or in the fixing of the rates, terms or conditions of, any form of 50 credit, on the basis of race, creed, color, national origin, sexual 51 orientation, gender identity or expression, military status, age, sex, 52 marital status, disability, status as a New York state citizen, or fami- 53 lial status; 54 c. To use any form of application for credit or use or make any record 55 or inquiry which expresses, directly or indirectly, any limitation, 56 specification, or discrimination as to race, creed, color, nationalS. 4279 18 1 origin, sexual orientation, gender identity or expression, military 2 status, age, sex, marital status, disability, status as a New York state 3 citizen, or familial status; 4 d. To make any inquiry of an applicant concerning his or her capacity 5 to reproduce, or his or her use or advocacy of any form of birth control 6 or family planning; 7 e. To refuse to consider sources of an applicant's income or to 8 subject an applicant's income to discounting, in whole or in part, 9 because of an applicant's race, creed, color, national origin, sexual 10 orientation, gender identity or expression, military status, age, sex, 11 marital status, childbearing potential, disability, status as a New York 12 state citizen, or familial status; 13 f. To discriminate against a married person because such person 14 neither uses nor is known by the surname of his or her spouse. 15 This paragraph shall not apply to any situation where the use of a 16 surname would constitute or result in a criminal act. 17 2. Without limiting the generality of subdivision one of this section, 18 it shall be considered discriminatory if, because of an applicant's or 19 class of applicants' race, creed, color, national origin, sexual orien- 20 tation, gender identity or expression, military status, age, sex, mari- 21 tal status or disability, status as a New York state citizen, or fami- 22 lial status, (i) an applicant or class of applicants is denied credit in 23 circumstances where other applicants of like overall credit worthiness 24 are granted credit, or (ii) special requirements or conditions, such as 25 requiring co-obligors or reapplication upon marriage, are imposed upon 26 an applicant or class of applicants in circumstances where similar 27 requirements or conditions are not imposed upon other applicants of like 28 overall credit worthiness. 29 3. It shall not be considered discriminatory if credit differen- 30 tiations or decisions are based upon factually supportable, objective 31 differences in applicants' overall credit worthiness, which may include 32 reference to such factors as current income, assets and prior credit 33 history of such applicants, as well as reference to any other relevant 34 factually supportable data; provided, however, that no creditor shall 35 consider, in evaluating the credit worthiness of an applicant, aggregate 36 statistics or assumptions relating to race, creed, color, national 37 origin, sexual orientation, gender identity or expression, military 38 status, sex, marital status or disability, status as a New York state 39 citizen, or to the likelihood of any group of persons bearing or rearing 40 children, or for that reason receiving diminished or interrupted income 41 in the future. 42 § 41. Paragraph (c) of subdivision 1 of section 122 of the social 43 services law, as amended by chapter 214 of the laws of 1998, the opening 44 paragraph as amended by chapter 672 of the laws of 2019, is amended to 45 read as follows: 46 (c) The following persons, not described in paragraph (a) or (b) of 47 this subdivision, shall, if otherwise eligible, be eligible for safety 48 net assistance and medical assistance[, except that medical assistance49shall be limited to care and services (not including care and services50related to an organ transplant procedure) necessary for the treatment of51an emergency medical condition as that term is defined in section 190352of the federal social security act unless and until federal financial53participation is available for the costs of providing medical assistance54provided, however, that any such person who, on the fourth day of55August, nineteen hundred ninety-seven was residing in a residential56health care facility licensed by the department of health or in a resi-S. 4279 19 1dential facility licensed, operated or funded by the office of mental2health or the office for people with developmental disabilities, and was3in receipt of a medical assistance authorization based on a finding that4he or she was] (i) a person permanently residing in the United States 5 under color of law [shall, if otherwise eligible, be eligible for6medical assistance and provided, further, that any such person who, on7the fourth day of August, nineteen hundred ninety-seven, was diagnosed8as having AIDS, as defined in subdivision one of section two thousand9seven hundred eighty of the public health law, and was in receipt of10medical assistance authorization pursuant to title eleven of article11five of this chapter based on a finding that he or she was a person12permanently residing in the United States under color of law shall, if13otherwise eligible, be eligible for medical assistance:14(i) a qualified alien who entered the United States less than five15years earlier or for less than five years has had a status within the16meaning of the term "qualified alien" as defined in section 431 of the17federal personal responsibility and work opportunity reconciliation act18of 1996 (8 U.S. Code 1641), as amended, if such entry occurred on or19after the twenty-second day of August, nineteen hundred ninety-six; and20(ii) an alien whose status is not within the meaning of the term21"qualified alien" as defined in section 431 of the federal personal22responsibility and work opportunity reconciliation act of 1996 (8 U.S.23Code 1641), as amended, but who is otherwise permanently residing in the24United States under color of law], and (ii) New York state citizens if 25 otherwise eligible shall only be eligible for medical assistance. 26 § 42. Section 131-k of the social services law is REPEALED. 27 § 43. The correction law is amended by adding a new section 71-b to 28 read as follows: 29 § 71-b. Persons not to be detained. 1. For the purposes of this 30 section, the following terms shall have the following meanings: 31 (a) "Civil immigration detainer" shall mean a detainer issued pursuant 32 to 8 C.F.R. 287.7. 33 (b) "Administrative warrant" shall mean an immigration warrant of 34 arrest, order to detain or release aliens, notice of custody determi- 35 nation, notice to appear, removal order, warrant of removal, or any 36 other document issued by an immigration agent that can form the basis 37 for an individual's arrest or detention for a civil immigration purpose. 38 (c) "Law enforcement officer" shall mean all officers, employees and 39 persons otherwise paid by or acting as agents of any municipal, county 40 or state police department or department of corrections. 41 (d) "Federal immigration authorities" shall mean any officer, employee 42 or person otherwise paid by or acting as an agent of United States immi- 43 gration and customs enforcement or any division thereof or any other 44 officer, employee or person otherwise paid by or acting as an agent of 45 the United States Department of Homeland Security who is charged with 46 enforcement of the civil provisions of the immigration and nationality 47 act. 48 (e) "Facility" shall mean any facility owned or leased by the state, 49 staffed by personnel paid by the state, or used primarily for the 50 conduct of state business, including but not limited to any prison or 51 jail owned or operated by any government entity under the state's juris- 52 diction. 53 2. (a) Law enforcement officers shall not honor a civil immigration 54 detainer or administrative warrant from federal immigration officials 55 by:S. 4279 20 1 (i) holding a person beyond the time when such person would otherwise 2 be released from custody; or 3 (ii) expending time or resources responding to inquiries or communi- 4 cating with federal immigration authorities of such person's incarcera- 5 tion status, release dates, court appearance dates, or any other infor- 6 mation related to an individual in custody unless such a response or 7 communication is required or protected by law. 8 (b) Unless an immigration agent has a valid and properly issued crimi- 9 nal warrant, or law enforcement officials have a legitimate law enforce- 10 ment purpose that is not related to the enforcement of immigration law, 11 law enforcement officers shall not permit any federal immigration offi- 12 cial to: 13 (i) have access to any person in their custody; or 14 (ii) have access to any facility owned or operated by the state, or by 15 any municipality within the state, for the purpose of investigating 16 potential violations of the civil immigration law. 17 3. Nothing in this section shall affect the obligation of law enforce- 18 ment officers to maintain the confidentiality of any information 19 obtained pursuant to subdivision two of this section. 20 4. Nothing in this section shall be construed to confer any authority 21 on any entity to hold persons on civil immigration detainers beyond the 22 authority, if any, that existed prior to the effective date of this 23 section. 24 5. This section supersedes all conflicting policies, rules, procedures 25 and practices of the state. Nothing in this section shall be construed 26 to prohibit any state agency from cooperating with federal immigration 27 authorities when required under federal law. Nothing in this section 28 shall be interpreted or applied so as to create any power, duty or obli- 29 gation in conflict with any federal, state or local law. 30 6. Nothing contained in this section or in the administration or 31 application hereof shall be construed as creating any private right of 32 action on the part of any persons or entity against the state or the 33 department. 34 7. Annually on or before December thirty-first, the department shall 35 post a report on the department's website that includes the following 36 information for the preceding twelve month period: 37 (a) the number of civil immigration detainers received from federal 38 immigration authorities; 39 (b) the number of persons held pursuant to civil immigration detainers 40 beyond the time when such persons would otherwise be released from the 41 department's custody; 42 (c) the number of persons transferred to the custody of federal immi- 43 gration authorities pursuant to civil immigration detainers; and 44 (d) the justification and legal authority for the transfer of any 45 individual to the custody of federal immigration authorities. 46 8. For the purpose of this section, any reference to a statute, rule, 47 or regulation shall be deemed to include any successor provision. 48 § 44. The executive law is amended by adding a new section 243-a to 49 read as follows: 50 § 243-a. Persons not to be detained. 1. For the purposes of this 51 section, the following terms shall have the following meanings: 52 (a) "Civil immigration detainer" shall mean a detainer issued pursuant 53 to 8 C.F.R. 287.7. 54 (b) "Administrative warrant" shall mean an immigration warrant of 55 arrest, order to detain or release aliens, notice of custody determi- 56 nation, notice to appear, removal order, warrant of removal, or anyS. 4279 21 1 other document issued by an immigration agent that can form the basis 2 for an individual's arrest or detention for a civil immigration purpose. 3 (c) "Probation officer" shall mean any officer, employee or person 4 otherwise paid by or acting as an agent of the office of probation and 5 correctional alternatives, or any county or municipal probation depart- 6 ment. 7 (d) "Federal immigration authorities" shall mean any officer, employee 8 or person otherwise paid by or acting as an agent of United States immi- 9 gration and customs enforcement or any division thereof or any other 10 officer, employee or person otherwise paid by or acting as an agent of 11 the United States Department of Homeland Security who is charged with 12 enforcement of the civil provisions of the immigration and nationality 13 act. 14 (e) "Facility" shall mean any facility owned or leased by the state, 15 staffed by personnel paid by the state, or used primarily for the 16 conduct of state business, including but not limited to any prison or 17 jail owned or operated by any government entity under the state's juris- 18 diction. 19 2. (a) Probation officers shall not honor a civil immigration detainer 20 or administrative warrant from federal immigration officials by: 21 (i) holding a person beyond the time when such person would otherwise 22 be released from custody; or 23 (ii) expending time or resources responding to inquiries or communi- 24 cating with federal immigration authorities of such person's incarcera- 25 tion status, release dates, court appearance dates, or any other infor- 26 mation related to an individual in custody unless such a response or 27 communication is required or protected by law. 28 (b) Unless an immigration agent has a valid and properly issued crimi- 29 nal warrant, or law enforcement officials have a legitimate law enforce- 30 ment purpose that is not related to the enforcement of immigration law, 31 probation officers shall not permit any federal immigration official to: 32 (i) have access to any person in their custody; or 33 (ii) have access to any facility owned or operated by the state, or by 34 any municipality within the state, for the purpose of investigating 35 potential violations of the civil immigration law. 36 (c) Unless an immigration agent has a valid and properly issued crimi- 37 nal warrant, or probation officers have a legitimate law enforcement 38 purpose that is not related to the enforcement of immigration law, no 39 probation officer shall 40 (i) provide any detainee, inmate or booking lists to federal immi- 41 gration officials; or 42 (ii) expend time or resources responding to inquiries or communicating 43 with federal immigration officials, regarding any person's incarceration 44 status, probation status, release date, court appearance dates or any 45 other information, unless such response or communications is required or 46 protected by law. 47 3. Nothing in this section shall affect the obligation of probation 48 officers to maintain the confidentiality of any information obtained 49 pursuant to subdivision two of this section. 50 4. Nothing in this section shall be construed to confer any authority 51 on any entity to hold persons on civil immigration detainers beyond the 52 authority, if any, that existed prior to the effective date of this 53 section. 54 5. This section supersedes all conflicting policies, rules, procedures 55 and practices of the state. Nothing in this section shall be construed 56 to prohibit any state agency from cooperating with federal immigrationS. 4279 22 1 authorities when required under federal law. Nothing in this section 2 shall be interpreted or applied so as to create any power, duty or obli- 3 gation in conflict with any federal, state or local law. 4 6. Nothing contained in this section or in the administration or 5 application hereof shall be construed as creating any private right of 6 action on the part of any persons or entity against the state or the 7 office. 8 7. Annually on or before December thirty-first, the department shall 9 post a report on the office's website that includes the following infor- 10 mation for the preceding twelve month period: 11 (a) the number of civil immigration detainers received from federal 12 immigration authorities; 13 (b) the number of persons held pursuant to civil immigration detainers 14 beyond the time when such persons would otherwise be released from the 15 office's custody; 16 (c) the number of persons transferred to the custody of federal immi- 17 gration authorities pursuant to civil immigration detainers; and 18 (d) the justification and legal authority for the transfer of any 19 individual to the custody of federal immigration authorities. 20 8. For the purpose of this section, any reference to a statute, rule, 21 or regulation shall be deemed to include any successor provision. 22 § 45. The executive law is amended by adding a new section 223-a to 23 read as follows: 24 § 223-a. Prohibition on racial profiling. 1. For the purposes of this 25 section, "racial profiling" shall mean the practice of a law enforcement 26 officer or agency relying, to any degree, on race, ethnicity, national 27 origin, or religion in selecting which individual to subject to routine 28 or spontaneous investigatory activities or in deciding upon the scope 29 and substance of law enforcement activity following the initial investi- 30 gatory procedure, except when there is trustworthy information, relevant 31 to the locality and timeframe, that links a person of a particular race, 32 ethnicity, national origin, or religion to an identified criminal inci- 33 dent or scheme. 34 2. The superintendent of state police and members of the division of 35 state police shall not engage in racial profiling. 36 3. The division of state police shall maintain adequate policies and 37 procedures designed to eliminate racial profiling and cease existing 38 practices that permit racial profiling. Policies and procedures shall 39 include: 40 (a) a prohibition on racial profiling; 41 (b) training on racial profiling issues as part of state police train- 42 ing; 43 (c) the collection of relevant data; 44 (d) procedures for receiving, investigating and responding meaningful- 45 ly to complaints alleging racial profiling by members of the division of 46 state police; and 47 (e) any other policies and procedures the superintendent determines to 48 be necessary to eliminate racial profiling. 49 4. An individual injured by racial profiling may enforce this section 50 in a civil action for declaratory or injunctive relief, upon proof that 51 the routine or spontaneous investigatory activities of members of the 52 division of state police have had a disparate impact on racial, ethnic, 53 or religious minorities and shall constitute prima facie evidence of a 54 violation of this section. In any action or proceeding to enforce this 55 section, the court may allow a prevailing plaintiff reasonable attor-S. 4279 23 1 ney's fees as part of the costs and may include expert fees as part of 2 the attorney's fee. 3 § 46. The provisions of this act shall not be construed to conflict 4 with any provision of federal law, rule or regulation, and in any 5 circumstance in which a conflict may exist, the appropriate federal law, 6 rule or regulation shall be controlling. 7 § 47. This act shall take effect on the first of January next succeed- 8 ing the date on which it shall have become a law, provided that the 9 amendments made to section 7206-a of the education law by section twen- 10 ty-two of this act shall take effect on the same date and in the same 11 manner as chapter 322 of the laws of 2019, takes effect; provided, 12 further, section twenty-eight of this act shall take effect upon the 13 enactment into law by the state of New Jersey of legislation having an 14 identical effect with such section, but if the state of New Jersey shall 15 have already enacted such legislation, section twenty-eight of this act 16 shall take effect on the effective date of this act; provided that the 17 office for new Americans shall notify the legislative bill drafting 18 commission upon the occurrence of the enactment of such legislation by 19 the state of New Jersey in order that the commission may maintain an 20 accurate and timely effective data base of the official text of the laws 21 of the state of New York in furtherance of effectuating the provisions 22 of section 44 of the legislative law and section 70-b of the public 23 officers law. Effective immediately, the addition, amendment and/or 24 repeal of any rule or regulation necessary for the implementation of 25 this act on its effective date are authorized to be made and completed 26 on or before such effective date.
