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A10129 Summary:

BILL NO    A10129 

SAME AS    SAME AS UNI. S07879

SPONSOR    Rules (Camara)

COSPNSR    

MLTSPNSR   

Add Art 14-A SS275 - 275-f, SS243-a & 223-a, amd SS296, 296-a & 296-b, Exec L;
amd S5-102, El L; amd SS3 & 89, Pub Off L; amd S5, Tax L; amd S3-503, Gen Ob L;
rpld S661 sub 3, amd Ed L, generally; amd S126, ABC L; amd S10, Gen City L; amd
Part I S1 Art X, Chap 882 of 1953; amd S3421, Pub Health L; amd SS41, 72 &
89-h, Gen Bus L; amd S440-a, RP L; amd S460, Judy L; amd S502, rpld sub 1, V &
T L; rpld S131-k, amd S122, Soc Serv L; add S71-b, Cor L

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.
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A10129 Text:

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

           S. 7879                                                 A. 10129

                             S E N A T E - A S S E M B L Y

                                     June 16, 2014
                                      ___________

       IN  SENATE -- Introduced by Sen. RIVERA -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Rules

       IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
         A.  Camara) -- read once and referred to the Committee on Governmental
         Operations

       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    S  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.
                                                                  LBD15364-02-4
       S. 7879                             2                           A. 10129

    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    S 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    S 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 THE
   50  GOVERNOR.
   51    S 275-A. STATE CITIZENSHIP; ADMINISTRATION.  1. THE PROVISIONS OF THIS
   52  ARTICLE SHALL BE ADMINISTERED BY THE OFFICE. THE OFFICE SHALL:
   53    (A) RECOGNIZE  THE  NEW  YORK  STATE  CITIZENSHIP  OF  ANY  INDIVIDUAL
   54  DESCRIBED  IN  SUBDIVISION  ONE OF SECTION TWO HUNDRED SEVENTY-FIVE-B OF
   55  THIS ARTICLE, AND GRANT AND RENEW NEW  YORK  STATE  CITIZENSHIP  TO  ANY
       S. 7879                             3                           A. 10129

    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    S  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    2. IS ADJUDGED BY THE OFFICE TO SATISFY ALL OF THE FOLLOWING CRITERIA:
   25    (A) HAS PROOF OF IDENTITY;
   26    (B) HAS BEEN A RESIDENT OF THE STATE FOR NOT LESS THAN THREE YEARS;
   27    (C) HAS PAID STATE RESIDENT PERSONAL INCOME TAXES, PURSUANT TO ARTICLE
   28  TWENTY-TWO  OF  THE TAX LAW, FOR A PERIOD OF NOT LESS THAN THREE TAXABLE
   29  YEARS; PROVIDED HOWEVER, THAT SUCH REQUIREMENT SHALL NOT APPLY TO  INDI-
   30  VIDUALS  WHO  ARE  STUDENTS,  PRIMARY  CAREGIVERS, UNABLE TO WORK DUE TO
   31  DISABILITY, UNEMPLOYED OR OTHERWISE NOT REQUIRED PURSUANT TO SUCH  ARTI-
   32  CLE OF THE TAX LAW TO REPORT HIS OR HER INCOME;
   33    (D)  HAS  PLEDGED  TO ABIDE BY THE LAWS OF THE STATE AND TO UPHOLD THE
   34  PROVISIONS OF THE STATE CONSTITUTION; AND
   35    (E) HAS ATTESTED TO HIS OR HER WILLINGNESS  TO  SERVE  ON  JURY  DUTY,
   36  PURSUANT TO ARTICLE SIXTEEN OF THE JUDICIARY LAW, AND TO CONTINUE TO PAY
   37  ANY TAXES REQUIRED TO BE PAID BY HIM OR HER PURSUANT TO ANY PROVISION OF
   38  STATE OR LOCAL LAW.
   39    3.  (A)  THE  STATE  SHALL  NOT  RETAIN ORIGINALS OR COPIES OF RECORDS
   40  PROVIDED BY AN APPLICANT TO PROVE IDENTITY OR RESIDENCY OR OTHER  ELIGI-
   41  BILITY REQUIREMENTS OF STATE CITIZENSHIP.
   42    (B) TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE FEDERAL AND STATE LAW,
   43  INFORMATION  COLLECTED  ABOUT  APPLICANTS FOR STATE CITIZENSHIP SHALL BE
   44  TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO  GOVERNMENT  ENTI-
   45  TIES OR PRIVATE PARTIES UNLESS SUCH DISCLOSURE IS:
   46    (I)  AUTHORIZED  IN WRITING BY THE INDIVIDUAL TO WHOM SUCH INFORMATION
   47  PERTAINS, OR IF SUCH INDIVIDUAL IS A MINOR OR IS OTHERWISE  NOT  LEGALLY
   48  COMPETENT, BY SUCH INDIVIDUAL'S PARENT OR LEGAL GUARDIAN; OR
   49    (II) SO ORDERED BY A COURT OF COMPETENT JURISDICTION.
   50    S  275-C.  ACCEPTABILITY; BENEFITS. 1. EXCEPT AS OTHERWISE PROVIDED BY
   51  FEDERAL LAW, A NEW YORK STATE IDENTIFICATION CARD SHALL BE ACCEPTED  AND
   52  BE  DEEMED  TO BE VALID GOVERNMENT IDENTIFICATION WHERE A STATE DRIVERS'
   53  LICENSE WOULD BE ACCEPTED, AND THE NEW YORK STATE IDENTIFICATION  NUMBER
   54  SHALL BE ACCEPTED FOR USE IN SUBSTITUTION FOR A SOCIAL SECURITY NUMBER.
   55    2.  ANY  PERSON IN POSSESSION OF A VALID NEW YORK STATE IDENTIFICATION
   56  CARD SHALL NOT BE DISQUALIFIED FROM ELIGIBILITY FOR ANY OF THE FOLLOWING
       S. 7879                             4                           A. 10129

    1  STATE BENEFITS BY VIRTUE OF HIS OR HER LACK OF DOCUMENTATION OF  FEDERAL
    2  IMMIGRATION STATUS:
    3    (A)  ANY  LICENSE,  PERMIT,  CERTIFICATE  OR  GRANT  OF PERMISSION, AS
    4  DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF SECTION 3-503 OF THE GENER-
    5  AL OBLIGATIONS LAW AND REQUIRED BY THE LAWS OF THIS STATE, ITS POLITICAL
    6  SUBDIVISIONS OR INSTRUMENTALITIES AS A CONDITION FOR THE LAWFUL PRACTICE
    7  OF ANY OCCUPATION, EMPLOYMENT, TRADE, VOCATION, BUSINESS OR  PROFESSION,
    8  AND ISSUED BY THE STATE OR ANY POLITICAL SUBDIVISION THEREOF;
    9    (B) THE ABILITY TO REGISTER FOR AND VOTE AT STATE AND LOCAL ELECTIONS,
   10  AS PROVIDED IN SECTION 5-100 OF THE ELECTION LAW;
   11    (C) PUBLIC HEALTH BENEFITS;
   12    (D)  A  DRIVERS'  LICENSE, PURSUANT TO SECTION FIVE HUNDRED TWO OF THE
   13  VEHICLE AND TRAFFIC LAW; AND
   14    (E) BENEFITS GOVERNED BY ARTICLES THIRTEEN AND FOURTEEN OF THE  EDUCA-
   15  TION  LAW,  SUCH  AS  GENERAL  AWARDS,  ACADEMIC  PERFORMANCE AWARDS AND
   16  STUDENT LOANS FOR HIGHER EDUCATION; ASSISTANCE UNDER THE  HIGHER  EDUCA-
   17  TION  OPPORTUNITY  PROGRAMS  AND  THE  COLLEGIATE SCIENCE AND TECHNOLOGY
   18  ENTRY PROGRAM; FINANCIAL AID OPPORTUNITIES FOR  STUDENTS  OF  THE  STATE
   19  UNIVERSITY  OF  NEW  YORK, THE CITY UNIVERSITY OF NEW YORK AND COMMUNITY
   20  COLLEGES; AND THE NEW YORK STATE COLLEGE CHOICE TUITION SAVINGS PROGRAM.
   21    3. NOTHING IN THIS SECTION SHALL BE DEEMED TO DEPRIVE  ANY  INDIVIDUAL
   22  OF  ANY  BENEFIT  RECEIVED  BY  HIM  OR HER PURSUANT TO LAW PRIOR TO THE
   23  EFFECTIVE DATE OF THIS ARTICLE.
   24    S 275-D. STATE AGENCY REVIEW.  ALL STATE AGENCIES SHALL  REVIEW  THEIR
   25  RULES  AND  REGULATIONS TO MAKE SURE THEY ARE CONSISTENT WITH THIS ARTI-
   26  CLE, AND MAKE SUCH NECESSARY CHANGES WITHIN ONE HUNDRED EIGHTY  DAYS  OF
   27  THE EFFECTIVE DATE OF THIS ARTICLE.
   28    S  275-E. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
   29  PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT  JURIS-
   30  DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
   31  DATE  THE  REMAINDER  THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
   32  THE CLAUSE, SENTENCE,  PARAGRAPH,  SECTION,  OR  PART  THEREOF  DIRECTLY
   33  INVOLVED  IN  THE  CONTROVERSY  IN  WHICH  SUCH JUDGMENT SHALL HAVE BEEN
   34  RENDERED.
   35    S 275-F. LOCAL LAWS.  THIS ARTICLE SHALL NOT  PREVENT  THE  ESTABLISH-
   36  MENT,  CONTINUING  IN  EFFECT OR ENFORCEMENT OF ANY LAW OR REGULATION OF
   37  ANY POLITICAL SUBDIVISION OF THE  STATE  THAT  PROTECTS  THE  RIGHTS  OR
   38  FOSTERS  THE  INTEGRATION  OF  NEW  YORK  STATE CITIZENS IN A MANNER NOT
   39  INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
   40    S 4. Subdivision 1 of section 5-102 of the election law is amended  to
   41  read as follows:
   42    1.  No  person  shall  be  qualified  to  register for and vote at any
   43  election unless he OR SHE is a citizen of the United States OR HE OR SHE
   44  POSSESSES A NEW YORK STATE IDENTIFICATION CARD, and is or  will  be,  on
   45  the  day of such election, eighteen years of age or over, and a resident
   46  of this state and of the county, city or village for a minimum of thirty
   47  days next preceding such election.
   48    S 5. Subdivision 1 of section 3 of the public officers law, as amended
   49  by chapter 44 of the laws of 1982, is amended to read as follows:
   50    1. No person shall be capable of holding a civil office who shall not,
   51  at the time he shall be chosen thereto, have attained the age  of  eigh-
   52  teen  years,  except that in the case of youth boards, youth commissions
   53  or recreation commissions only, members of such  boards  or  commissions
   54  may  be  under the age of eighteen years, but must have attained the age
   55  of sixteen years on or before appointment to  such  youth  board,  youth
   56  commission  or  recreation commission, be a citizen of the United States
       S. 7879                             5                           A. 10129

    1  OR A NEW YORK STATE CITIZEN, a resident of the state, and  if  it  be  a
    2  local  office,  a  resident  of  the  political subdivision or municipal
    3  corporation of the state for which he shall be chosen, or  within  which
    4  the electors electing him reside, or within which his official functions
    5  are  required  to  be  exercised,  or  who  shall  have been or shall be
    6  convicted of a violation of  the  selective  draft  act  of  the  United
    7  States,  enacted May eighteenth, nineteen hundred seventeen, or the acts
    8  amendatory or supplemental thereto, or of the federal selective training
    9  and service act of nineteen hundred forty or the acts amendatory thereof
   10  or supplemental thereto.
   11    S 6. Subparagraphs vi and vii of paragraph (b)  of  subdivision  2  of
   12  section  89 of the public officers law, as amended by section 11 of part
   13  U of chapter 61 of the laws of 2011, are amended and  two  new  subpara-
   14  graphs viii and ix are added to read as follows:
   15    vi.  information  of a personal nature contained in a workers' compen-
   16  sation record, except as provided by section one hundred  ten-a  of  the
   17  workers' compensation law; [or]
   18    vii.  disclosure  of electronic contact information, such as an e-mail
   19  address or a social network username, that has  been  collected  from  a
   20  taxpayer under section one hundred four of the real property tax law[.];
   21    VIII. DISCLOSURE OF INFORMATION USED TO OBTAIN NEW YORK STATE CITIZEN-
   22  SHIP  ON  A NEW YORK STATE IDENTIFICATION CARD INCLUDING BUT NOT LIMITED
   23  TO NAMES, ADDRESSES AND IDENTIFYING INFORMATION OF RECIPIENTS OR  APPLI-
   24  CANTS  OF  SUCH  CITIZENSHIP  OR  CARDS,  AND ANY INFORMATION THAT COULD
   25  REASONABLY BE EXPECTED TO LEAD TO SUCH DISCLOSURE; OR
   26    IX. DISCLOSURE OF INFORMATION WHEN DISCLOSURE WOULD  RESULT  IN  IDEN-
   27  TIFICATION OF PEOPLE WHO ARE NEW YORK STATE CITIZENS.
   28    S  7. Subdivision 2 of section 5 of the tax law, as amended by chapter
   29  170 of the laws of 1994, is amended to read as follows:
   30    2. Requiring information. Notwithstanding any other provision of  law,
   31  every  covered  agency  shall,  as  part  of the procedure for granting,
   32  renewing, amending, supplementing or restating the license of any person
   33  or at the time the covered agency contracts  to  purchase  or  purchases
   34  goods  or  services or leases real or personal property from any person,
   35  require that each  such  person  provide  to  the  covered  agency  such
   36  person's  federal  social security account number [or], federal employer
   37  identification number OR NEW YORK STATE IDENTIFICATION NUMBER, or [both]
   38  ALL such numbers  when  such  person  has  [both]  MORE  THAN  ONE  such
   39  [numbers]  NUMBER,  or,  where  such person does not have such number or
   40  numbers, the reason or reasons why such person does not have such number
   41  or numbers. Such numbers or reasons shall be obtained  by  such  covered
   42  agency  as  part  of the administration of the taxes administered by the
   43  commissioner for the  purpose  of  establishing  the  identification  of
   44  persons affected by such taxes.
   45    S  8. Subparagraph 3 of paragraph (a) of subdivision 3 of section 5 of
   46  the tax law, as amended by chapter 170 of the laws of 1994,  is  amended
   47  to read as follows:
   48    (3)  federal  social  security  account  number [or], federal employer
   49  identification number OR NEW YORK STATE IDENTIFICATION NUMBER, or [both]
   50  ALL such numbers where  such  person  has  [both]  MORE  THAN  ONE  such
   51  [numbers]  NUMBER,  or  the reason or reasons, furnished by such person,
   52  why such person does not have such number or numbers.
   53    S 9. The opening paragraph of subdivision 2 of section  3-503  of  the
   54  general  obligations law, as amended by chapter 398 of the laws of 1997,
   55  is amended to read as follows:
       S. 7879                             6                           A. 10129

    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    S 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    S 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 three
   21  year waiver for an alien physician to practice in an area which has been
   22  designated by the department as medically underserved, except  that  the
   23  board  of  regents  may  grant an additional extension not to exceed six
   24  years to an alien physician to enable him or her to  secure  citizenship
   25  or  permanent  resident  status,  provided such status is being actively
   26  pursued; and provided further that the board of  regents  may  grant  an
   27  additional  three year waiver, and at its expiration, an extension for a
   28  period not to exceed six additional years, for the  holder  of  an  H-1b
   29  visa,  an O-1 visa, or an equivalent or successor visa thereto] OR A NEW
   30  YORK STATE CITIZEN;
   31    S 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    S  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  three
   41  year  waiver  for  an alien to practice in an area which has been desig-
   42  nated a federal dental health professions shortage area, except that the
   43  board of regents may grant an additional extension  not  to  exceed  six
   44  years  to  an alien to enable him or her to secure citizenship or perma-
   45  nent resident status, provided such status is being actively pursued] OR
   46  A NEW YORK STATE CITIZEN;
   47    S 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,
   52  that  the  department  may  grant  a  three year waiver for an alien who
   53  otherwise meets all other requirements for a restricted  dental  faculty
   54  license except that the department may grant an additional extension not
   55  to  exceed six years to an alien to enable him or her to secure citizen-
   56  ship or permanent resident status, provided such status is being active-
       S. 7879                             7                           A. 10129

    1  ly pursued. No current faculty member shall be displaced by  the  holder
    2  of a restricted dental faculty license] OR A NEW YORK STATE CITIZEN.
    3    S  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  three
    8  year  waiver  for  an alien to practice in an area which has been desig-
    9  nated a federal dental health professions shortage area, except that the
   10  board of regents may grant an additional extension  not  to  exceed  six
   11  years  to  an alien to enable him or her to secure citizenship or perma-
   12  nent resident status, provided such status is being actively pursued] OR
   13  A NEW YORK STATE CITIZEN;
   14    S 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-
   19  time three-year waiver  for  a  veterinarian  who  otherwise  meets  the
   20  requirements  of  this article and who has accepted an offer to practice
   21  veterinary medicine in a county in the state which  the  department  has
   22  certified  as having a shortage of qualified applicants to fill existing
   23  vacancies in veterinary medicine, and provided further that the board of
   24  regents may grant an extension of such three-year  waiver  of  not  more
   25  than one year] OR A NEW YORK STATE CITIZEN;
   26    S  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-
   31  time three-year waiver for an animal  health  technician  who  otherwise
   32  meets  the  requirements  of  this article and provided further that the
   33  board of regents may grant an extension of such three-year waiver of not
   34  more than one year] OR A NEW YORK STATE CITIZEN;
   35    S 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-
   40  dence in the United States].
   41    S 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    S 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    S 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. 7879                             8                           A. 10129

    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    S  22. Paragraph 6 of subdivision 1 of section 7206-a of the education
    5  law, as amended by chapter 133 of the laws of 1982, 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    S  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    S  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    S 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    S  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 the
       S. 7879                             9                           A. 10129

    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    S 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    S 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    S  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    S 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    S 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    S 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 such
       S. 7879                            10                           A. 10129

    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    S 31. Subdivision 1 of section 72 of  the  general  business  law,  as
   19  amended  by  chapter  164  of  the  laws  of 2003, is amended to read as
   20  follows:
   21    1. If the applicant is a person, the application shall  be  subscribed
   22  by such person, and if the applicant is a firm or partnership the appli-
   23  cation  shall be subscribed by each individual composing or intending to
   24  compose such firm or partnership. The application shall state  the  full
   25  name,  age, residences within the past three years, present and previous
   26  occupations of each person or individual so signing the same, that  each
   27  person  or  individual  is a citizen of the United States [or], an alien
   28  lawfully admitted for permanent residence in the United States OR A  NEW
   29  YORK  STATE CITIZEN and shall also specify the name of the city, town or
   30  village, stating the street and number, if the premises  have  a  street
   31  and  number, and otherwise such apt description as will reasonably indi-
   32  cate the location thereof, where is to be located the principal place of
   33  business and the bureau, agency, sub-agency, office or branch office for
   34  which the license is desired, and such further facts as may be  required
   35  by  the  department  of state to show the good character, competency and
   36  integrity of each person or individual so signing such application. Each
   37  person or individual signing such application shall, together with  such
   38  application,  submit  to the department of state, his OR HER photograph,
   39  taken within six months prior thereto in duplicate, in passport size and
   40  also two sets of fingerprints of his OR HER two hands recorded  in  such
   41  manner as may be specified by the secretary of state or the secretary of
   42  state's  authorized representative. Before approving such application it
   43  shall be the duty of the secretary of state or the secretary of  state's
   44  authorized  representative  to  forward one copy of such fingerprints to
   45  the division of criminal justice services. Upon receipt of such  finger-
   46  prints,  such  division shall forward to the secretary of state a report
   47  with respect to the applicant's previous criminal history, if any, or  a
   48  statement  that the applicant has no previous criminal history according
   49  to its files. If additional copies  of  fingerprints  are  required  the
   50  applicant  shall  furnish  them  upon  request. Such fingerprints may be
   51  submitted to the federal bureau of investigation for a national criminal
   52  history record check. The secretary shall reveal the name of the  appli-
   53  cant to the chief of police and the district attorney of the applicant's
   54  residence  and  of  the  proposed place of business and shall request of
   55  them a report concerning the applicant's character  in  the  event  they
   56  shall  have  information  concerning  it.  The secretary shall take such
       S. 7879                            11                           A. 10129

    1  other steps as may be necessary to investigate the honesty, good charac-
    2  ter and integrity of each applicant. Every such applicant for a  license
    3  as  private  investigator  shall  establish  to  the satisfaction of the
    4  secretary of state (a) if the applicant be a person, or, (b) in the case
    5  of  a  firm,  limited  liability company, partnership or corporation, at
    6  least one member of such firm, partnership, limited liability company or
    7  corporation, has been regularly employed, for a period of not less  than
    8  three  years,  undertaking  such  investigations  as  those described as
    9  performed by a private investigator in subdivision one of section seven-
   10  ty-one of this article, as a sheriff, police officer in a city or county
   11  police department, or the division of state police, investigator  in  an
   12  agency of the state, county, or United States government, or employee of
   13  a  licensed  private investigator, or has had an equivalent position and
   14  experience or that such person or member was an  employee  of  a  police
   15  department who rendered service therein as a police officer for not less
   16  than  twenty  years or was an employee of a fire department who rendered
   17  service therein as a fire marshal for not less than twenty years. Howev-
   18  er, employment as a watchman, guard or private patrolman  shall  not  be
   19  considered  employment  as a "private investigator" for purposes of this
   20  section. Every such applicant for a license as watch,  guard  or  patrol
   21  agency shall establish to the satisfaction of the secretary of state (a)
   22  if  the  applicant  be  a person, or, (b) in the case of a firm, limited
   23  liability company, partnership or corporation, at least  one  member  of
   24  such  firm,  partnership,  limited liability company or corporation, has
   25  been regularly employed, for a  period  of  not  less  than  two  years,
   26  performing  such duties or providing such services as described as those
   27  performed or furnished by a watch, guard or patrol agency in subdivision
   28  two of section seventy-one of this article, as a sheriff, police officer
   29  in a city or county police department, or employee of an agency  of  the
   30  state,  county or United States government, or licensed private investi-
   31  gator or watch, guard or patrol agency, or has had an  equivalent  posi-
   32  tion  and  experience;  qualifying  experience shall have been completed
   33  within such period of time and at such time prior to the filing  of  the
   34  application  as  shall  be  satisfactory  to the secretary of state. The
   35  person or member meeting the experience requirement under this  subdivi-
   36  sion and the person responsible for the operation and management of each
   37  bureau,  agency,  sub-agency,  office  or branch office of the applicant
   38  shall provide sufficient proof of having  taken  and  passed  a  written
   39  examination  prescribed  by  the secretary of state to test their under-
   40  standing of their rights, duties and powers as  a  private  investigator
   41  and/or  watchman, guard or private patrolman, depending upon the work to
   42  be performed under the license. In the case of an application subscribed
   43  by a resident of the  state  of  New  York  such  application  shall  be
   44  approved,  as to each resident person or individual so signing the same,
   45  but not less than five reputable citizens of the community in which such
   46  applicant resides or transacts business, or in which it is  proposed  to
   47  own,  conduct, manage or maintain the bureau, agency, sub-agency, office
   48  or branch office for which the license is desired, each  of  whom  shall
   49  subscribe and affirm as true, under the penalties of perjury, that he OR
   50  SHE  has  personally known the said person or individual for a period of
   51  at least five years prior to the filing of such application, that he  OR
   52  SHE  has  read such application and believes each of the statements made
   53  therein to be true, that such person is honest, of  good  character  and
   54  competent,  and  not related or connected to the person so certifying by
   55  blood or marriage. In the case of an application subscribed by a non-re-
   56  sident of the state of New York such application shall be  approved,  as
       S. 7879                            12                           A. 10129

    1  to  each  non-resident  person  or individual so signing the same by not
    2  less than five reputable citizens of the community in which such  appli-
    3  cant  resides.  The  certificate  of  approval  shall  be signed by such
    4  reputable  citizens and duly verified and acknowledged by them before an
    5  officer authorized to  take  oaths  and  acknowledgment  of  deeds.  All
    6  provisions  of  this section, applying to corporations, shall also apply
    7  to joint-stock associations, except that each such  joint-stock  associ-
    8  ation  shall  file a duly certified copy of its certificate of organiza-
    9  tion in the place of the certified copy of its certificate  of  incorpo-
   10  ration herein required.
   11    S  32.  Subdivision  4 of section 89-h of the general business law, as
   12  added by chapter 336 of the laws of 1992, is amended to read as follows:
   13    4. Citizenship: be a UNITED STATES citizen [or], A resident  alien  of
   14  the United States OR A NEW YORK STATE CITIZEN;
   15    S 33. The opening paragraph of section 440-a of the real property law,
   16  as  amended  by section 23 of part LL of chapter 56 of the laws of 2010,
   17  is amended to read as follows:
   18    No person, co-partnership, limited liability  company  or  corporation
   19  shall engage in or follow the business or occupation of, or hold himself
   20  or itself out or act temporarily or otherwise as a real estate broker or
   21  real  estate  salesman  in  this state without first procuring a license
   22  therefor as provided in this article. No person shall be entitled  to  a
   23  license  as  a real estate broker under this article, either as an indi-
   24  vidual or as a member of a co-partnership, or as a member or manager  of
   25  a limited liability company or as an officer of a corporation, unless he
   26  or  she  is  twenty years of age or over, a citizen of the United States
   27  [or], an alien lawfully admitted for permanent residence in  the  United
   28  States  OR  A  NEW  YORK STATE CITIZEN. No person shall be entitled to a
   29  license as a real estate salesman under this article unless he or she is
   30  over the age of eighteen years. No person shall be entitled to a license
   31  as a real estate broker or real estate salesman under this  article  who
   32  has  been  convicted  in  this  state or elsewhere of a felony, of a sex
   33  offense, as defined in subdivision two of  section  one  hundred  sixty-
   34  eight-a  of  the correction law or any offense committed outside of this
   35  state which would constitute  a  sex  offense,  or  a  sexually  violent
   36  offense,  as  defined in subdivision three of section one hundred sixty-
   37  eight-a of the correction law or  any  offense  committed  outside  this
   38  state which would constitute a sexually violent offense, and who has not
   39  subsequent  to  such  conviction received executive pardon therefor or a
   40  certificate of relief from disabilities or a certificate of good conduct
   41  pursuant to article twenty-three of the correction law,  to  remove  the
   42  disability  under  this  section  because  of such conviction. No person
   43  shall be entitled to a license as a real estate broker  or  real  estate
   44  salesman  under  this  article  who  does  not  meet the requirements of
   45  section 3-503 of the general obligations law.
   46    S 34. Section 460 of the judiciary law, as amended by chapter  226  of
   47  the laws of 1985, is amended to read as follows:
   48    S 460. Examination and admission of attorneys. An applicant for admis-
   49  sion  to  practice  as  an attorney or counsellor in this state, must be
   50  examined and licensed to practice as prescribed in this chapter  and  in
   51  the rules of the court of appeals.  Race, creed, color, national origin,
   52  alienage  [or], sex, STATUS AS A NEW YORK STATE CITIZEN OR FEDERAL IMMI-
   53  GRATION CARD shall constitute no cause for refusing any person  examina-
   54  tion or admission to practice.
       S. 7879                            13                           A. 10129

    1    S  35. Subdivision 1 of section 502 of the vehicle and traffic law, as
    2  separately amended by chapters 465 and 487  of  the  laws  of  2012,  is
    3  REPEALED and a new subdivision 1 is added to read as follows:
    4    1.  APPLICATION  FOR  LICENSE.  (A) APPLICATION FOR A DRIVER'S LICENSE
    5  SHALL BE MADE TO THE COMMISSIONER. THE FEE  PRESCRIBED  BY  LAW  MAY  BE
    6  SUBMITTED  WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH PROOF
    7  OF IDENTITY, AGE, AND FITNESS AS MAY BE REQUIRED  BY  THE  COMMISSIONER.
    8  THE  COMMISSIONER  MAY ALSO PROVIDE THAT THE APPLICATION PROCEDURE SHALL
    9  INCLUDE THE TAKING OF A PHOTO  IMAGE  OR  IMAGES  OF  THE  APPLICANT  IN
   10  ACCORDANCE WITH RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN
   11  ADDITION, THE COMMISSIONER ALSO SHALL REQUIRE THAT THE APPLICANT PROVIDE
   12  HIS  OR  HER  SOCIAL  SECURITY NUMBER OR A NEW YORK STATE IDENTIFICATION
   13  NUMBER AND SHALL PROVIDE SPACE ON THE APPLICATION SO THAT THE  APPLICANT
   14  MAY REGISTER IN THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY UNDER
   15  SECTION  FORTY-THREE  HUNDRED  TEN  OF  THE  PUBLIC  HEALTH LAW WITH THE
   16  FOLLOWING STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE:
   17    "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO  BE  ADDED
   18  TO  THE  DONATE  LIFE  REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
   19  TION'."
   20    THE COMMISSIONER OF  THE  DEPARTMENT  OF  HEALTH  SHALL  NOT  MAINTAIN
   21  RECORDS  OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK
   22  A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION,  AND  FAILURE  TO
   23  CHECK  "YES"  OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO
   24  IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT  UNDER  EIGHTEEN
   25  YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
   26  ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE  REGISTRY.  WHERE  AN
   27  APPLICANT  HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
   28  TERED IN THE DONATE LIFE REGISTRY,  CHECKING  "SKIP  THIS  QUESTION"  OR
   29  FAILING  TO  CHECK  A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
   30  THE COMMISSIONER SHALL PROVIDE SPACE ON  THE  APPLICATION  SO  THAT  THE
   31  APPLICANT  MAY  REQUEST  NOTATION  UPON SUCH LICENSE THAT HE OR SHE IS A
   32  VETERAN OF THE UNITED STATED ARMED FORCES.   IN ADDITION,  AN  APPLICANT
   33  FOR  A  COMMERCIAL  DRIVER'S LICENSE WHO WILL OPERATE A COMMERCIAL MOTOR
   34  VEHICLE IN INTERSTATE COMMERCE SHALL CERTIFY THAT SUCH  APPLICANT  MEETS
   35  THE  REQUIREMENTS TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS SET FORTH IN
   36  PUBLIC LAW 99-570, TITLE XII, AND TITLE 49 OF THE CODE OF FEDERAL  REGU-
   37  LATIONS,  AND ALL REGULATIONS PROMULGATED BY THE UNITED STATES SECRETARY
   38  OF TRANSPORTATION UNDER THE HAZARDOUS MATERIALS TRANSPORTATION  ACT.  IN
   39  ADDITION,  AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE SHALL SUBMIT A
   40  MEDICAL CERTIFICATE AT SUCH INTERVALS AS REQUIRED BY THE  FEDERAL  MOTOR
   41  CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF
   42  THE CODE OF FEDERAL REGULATIONS RELATING TO MEDICAL CERTIFICATION AND IN
   43  A  MANNER  PRESCRIBED  BY THE COMMISSIONER. FOR PURPOSES OF THIS SECTION
   44  AND SECTIONS FIVE HUNDRED THREE, FIVE HUNDRED TEN-A,  AND  FIVE  HUNDRED
   45  TEN-AA  OF  THIS  TITLE,  THE  TERMS  "MEDICAL CERTIFICATE" AND "MEDICAL
   46  CERTIFICATION" SHALL MEAN A FORM SUBSTANTIALLY IN  COMPLIANCE  WITH  THE
   47  FORM  SET  FORTH  IN  PART  391.43(H) OF TITLE 49 OF THE CODE OF FEDERAL
   48  REGULATIONS. UPON A DETERMINATION THAT THE HOLDER OF A COMMERCIAL  DRIV-
   49  ER'S  LICENSE HAS MADE ANY FALSE STATEMENT, WITH RESPECT TO THE APPLICA-
   50  TION FOR SUCH LICENSE, THE COMMISSIONER SHALL REVOKE SUCH LICENSE.
   51    (B) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS CLARIFYING
   52  THAT ELIGIBILITY FOR A DRIVER'S LICENSE SHALL NOT REQUIRE  AN  APPLICANT
   53  TO  PROVIDE  A  SOCIAL SECURITY NUMBER AS PROOF OF IDENTITY. THE COMMIS-
   54  SIONER SHALL PROVIDE FOR THE ACCEPTANCE OF ALTERNATIVE PROOFS OF IDENTI-
   55  TY, INCLUDING NEW YORK STATE IDENTIFICATION CARDS,  FOREIGN  IDENTIFICA-
   56  TION CARDS, FOREIGN BIRTH CERTIFICATES AND FOREIGN PASSPORTS.
       S. 7879                            14                           A. 10129

    1    S  36. Subdivision 1 of section 502 of the vehicle and traffic law, as
    2  added by section thirty-five of this act, is amended to read as follows:
    3    1.  Application  for  license.  (a) Application for a driver's license
    4  shall be made to the commissioner. The fee  prescribed  by  law  may  be
    5  submitted  with such application. The applicant shall furnish such proof
    6  of identity, age, and fitness as may be required  by  the  commissioner.
    7  The  commissioner  may also provide that the application procedure shall
    8  include the taking of a photo  image  or  images  of  the  applicant  in
    9  accordance with rules and regulations prescribed by the commissioner. In
   10  addition, the commissioner also shall require that the applicant provide
   11  his  or  her  social  security number or a New York state identification
   12  number and [shall] provide space on the application so that  the  appli-
   13  cant  may register in the New York state organ and tissue donor registry
   14  under section forty-three hundred ten of the public health law [with the
   15  following stated on the application in clear and conspicuous type:
   16    "You must fill out the following section: Would you like to  be  added
   17  to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
   18  tion'."
   19    The commissioner of  the  department  of  health  shall  not  maintain
   20  records  of any person who checks "skip this question". Failure to check
   21  a box shall not impair the validity of an application,  and  failure  to
   22  check  "yes"  or checking "skip this question" shall not be construed to
   23  imply a wish not to donate. In the case of an applicant  under  eighteen
   24  years  of  age,  checking  "yes" shall not constitute consent to make an
   25  anatomical gift or registration in the donate life  registry.  Where  an
   26  applicant  has previously consented to make an anatomical gift or regis-
   27  tered in the donate life registry,  checking  "skip  this  question"  or
   28  failing  to  check  a box shall not impair that consent or registration.
   29  The commissioner shall provide]; AND space on the  application  so  that
   30  the applicant may request notation upon such license that he or she is a
   31  veteran  of  the  United Stated armed forces.  In addition, an applicant
   32  for a commercial driver's license who will operate  a  commercial  motor
   33  vehicle  in  interstate commerce shall certify that such applicant meets
   34  the requirements to operate a commercial motor vehicle, as set forth  in
   35  public  law 99-570, title XII, and title 49 of the code of federal regu-
   36  lations, and all regulations promulgated by the United States  secretary
   37  of  transportation  under the hazardous materials transportation act. In
   38  addition, an applicant for a commercial driver's license shall submit  a
   39  medical  certificate  at such intervals as required by the federal motor
   40  carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of
   41  the code of federal regulations relating to medical certification and in
   42  a manner prescribed by the commissioner. For purposes  of  this  section
   43  and  sections  five  hundred three, five hundred ten-a, and five hundred
   44  ten-aa of this title,  the  terms  "medical  certificate"  and  "medical
   45  certification"  shall  mean  a form substantially in compliance with the
   46  form set forth in Part 391.43(h) of title 49  of  the  code  of  federal
   47  regulations.  Upon a determination that the holder of a commercial driv-
   48  er's license has made any false statement, with respect to the  applica-
   49  tion for such 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. 7879                            15                           A. 10129

    1    S 37. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
    2  of the executive law, paragraph (a) as amended by chapter 80 of the laws
    3  of 2009 and paragraphs (b), (c) and (d) as amended by chapter 75 of  the
    4  laws of 2005, are amended to read as follows:
    5    (a)  For  an  employer or licensing agency, because of an individual's
    6  age, race, creed, color, national origin, sexual  orientation,  military
    7  status,  sex,  disability, predisposing genetic characteristics, marital
    8  status, STATUS AS A NEW YORK STATE CITIZEN, or domestic violence  victim
    9  status,  to  refuse  to  hire  or  employ or to bar or to discharge from
   10  employment such individual or to discriminate against such individual in
   11  compensation or in terms, conditions or privileges of employment.
   12    (b) For an employment agency to discriminate  against  any  individual
   13  because of age, race, creed, color, national origin, sexual orientation,
   14  military  status, sex, disability, predisposing genetic characteristics,
   15  STATUS AS A NEW YORK STATE CITIZEN, or  marital  status,  in  receiving,
   16  classifying,  disposing  or  otherwise  acting upon applications for its
   17  services or in referring an applicant or applicants to  an  employer  or
   18  employers.
   19    (c)  For a labor organization, because of the age, race, creed, color,
   20  national origin, sexual orientation, military status,  sex,  disability,
   21  predisposing  genetic  characteristics, STATUS AS A NEW YORK STATE CITI-
   22  ZEN, or marital status of any individual, to exclude or  to  expel  from
   23  its membership such individual or to discriminate in any way against any
   24  of  its members or against any employer or any individual employed by an
   25  employer.
   26    (d) For any employer or employment agency to  print  or  circulate  or
   27  cause to be printed or circulated any statement, advertisement or publi-
   28  cation,  or to use any form of application for employment or to make any
   29  inquiry in  connection  with  prospective  employment,  which  expresses
   30  directly  or indirectly, any limitation, specification or discrimination
   31  as to age, race, creed,  color,  national  origin,  sexual  orientation,
   32  military  status, sex, disability, predisposing genetic characteristics,
   33  STATUS AS A NEW YORK STATE CITIZEN, or marital status, or any intent  to
   34  make  any such limitation, specification or discrimination, unless based
   35  upon a bona fide occupational  qualification;  provided,  however,  that
   36  neither  this  paragraph  nor any provision of this chapter or other law
   37  shall be construed to prohibit the department of civil  service  or  the
   38  department of personnel of any city containing more than one county from
   39  requesting  information  from  applicants for civil service examinations
   40  concerning any of the aforementioned characteristics, other than  sexual
   41  orientation,  for  the  purpose  of  conducting  studies to identify and
   42  resolve possible problems in  recruitment  and  testing  of  members  of
   43  minority  groups  to insure the fairest possible and equal opportunities
   44  for employment in the civil service for all persons, regardless of  age,
   45  race,  creed,  color,  national  origin,  sexual  orientation,  military
   46  status, sex, disability, predisposing genetic characteristics, or  mari-
   47  tal status.
   48    S 38. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
   49  the  executive  law,  as amended by chapter 106 of the laws of 2003, are
   50  amended to read as follows:
   51    (b) To deny to or withhold from any person  because  of  race,  creed,
   52  color,  national  origin, sexual orientation, military status, sex, age,
   53  disability, STATUS AS A NEW YORK STATE CITIZEN, or marital  status,  the
   54  right to be admitted to or participate in a guidance program, an appren-
   55  ticeship training program, on-the-job training program, executive train-
   56  ing program, or other occupational training or retraining program;
       S. 7879                            16                           A. 10129

    1    (c)  To  discriminate against any person in his or her pursuit of such
    2  programs or to discriminate against such a person in the  terms,  condi-
    3  tions  or  privileges  of  such  programs because of race, creed, color,
    4  national origin, sexual orientation, military status, sex,  age,  STATUS
    5  AS A NEW YORK STATE CITIZEN, disability or marital status;
    6    (d)  To  print  or  circulate or cause to be printed or circulated any
    7  statement, advertisement or publication, or to use any form of  applica-
    8  tion  for  such  programs or to make any inquiry in connection with such
    9  program which expresses, directly or indirectly, any  limitation,  spec-
   10  ification  or  discrimination as to race, creed, color, national origin,
   11  sexual orientation, military status, sex, age,  STATUS  AS  A  NEW  YORK
   12  STATE  CITIZEN,  disability  or marital status, or any intention to make
   13  any such limitation, specification or discrimination, unless based on  a
   14  bona fide occupational qualification.
   15    S  39.  Paragraph (a) of subdivision 2 of section 296 of the executive
   16  law, as amended by chapter 106 of the laws of 2003, is amended  to  read
   17  as 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  military  status, sex, STATUS AS A NEW YORK STATE CITIZEN, or disability
   23  or marital status of any person,  directly  or  indirectly,  to  refuse,
   24  withhold  from  or deny to such person any of the accommodations, advan-
   25  tages, facilities or privileges  thereof,  including  the  extension  of
   26  credit,  or,  directly  or  indirectly,  to  publish,  circulate, issue,
   27  display, post or mail any written or printed  communication,  notice  or
   28  advertisement, to the effect that any of the accommodations, advantages,
   29  facilities  and  privileges of any such place shall be refused, withheld
   30  from or denied to any person on account of race, creed, color,  national
   31  origin,  sexual  orientation, military status, sex, STATUS AS A NEW YORK
   32  STATE CITIZEN, or disability or marital status, or that the patronage or
   33  custom thereat of any person of or purporting to be  of  any  particular
   34  race,  creed,  color,  national  origin,  sexual  orientation,  military
   35  status, STATUS AS A NEW YORK STATE CITIZEN, sex or  marital  status,  or
   36  having  a  disability  is  unwelcome,  objectionable  or not acceptable,
   37  desired or solicited.
   38    S 40. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
   39  296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and
   40  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
   41  to read as follows:
   42    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
   43  hold from any person or group of  persons  such  housing  accommodations
   44  because  of  the race, creed, color, disability, national origin, sexual
   45  orientation, military status, age, sex, marital status, STATUS AS A  NEW
   46  YORK  STATE CITIZEN, or familial status of such person or persons, or to
   47  represent that any housing accommodation or land is  not  available  for
   48  inspection, sale, rental or lease when in fact it is so available.
   49    (b)  To  discriminate  against  any person because of his or her race,
   50  creed, color, disability, national origin, sexual orientation,  military
   51  status, age, sex, marital status, STATUS AS A NEW YORK STATE CITIZEN, or
   52  familial  status in the terms, conditions or privileges of any publicly-
   53  assisted housing accommodations or in the furnishing  of  facilities  or
   54  services in connection therewith.
   55    (c) To cause to be made any written or oral inquiry or record concern-
   56  ing  the  race, creed, color, disability, national origin, sexual orien-
       S. 7879                            17                           A. 10129

    1  tation, membership in the reserve armed forces of the United  States  or
    2  in  the organized militia of the state, age, sex, marital status, STATUS
    3  AS A NEW YORK STATE CITIZEN, or familial status of a person  seeking  to
    4  rent  or  lease  any  publicly-assisted housing accommodation; provided,
    5  however, that nothing in this subdivision shall prohibit a member of the
    6  reserve armed forces of the United States or in the organized militia of
    7  the state from voluntarily disclosing such membership.
    8    (c-1) To print or circulate or cause to be printed or  circulated  any
    9  statement,  advertisement or publication, or to use any form of applica-
   10  tion for the purchase, rental or lease of such housing accommodation  or
   11  to  make  any  record  or  inquiry  in  connection  with the prospective
   12  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
   13  expresses,  directly  or  indirectly,  any  limitation, specification or
   14  discrimination as to race, creed, color, national origin, sexual  orien-
   15  tation, military status, sex, age, disability, marital status, STATUS AS
   16  A  NEW YORK STATE CITIZEN, or familial status, or any intent to make any
   17  such limitation, specification or discrimination.
   18    S 41. Subdivisions 3-b, 4 and 5 of section 296 of the  executive  law,
   19  as  amended  by  chapter 106 of the laws of 2003, are amended to read as
   20  follows:
   21    3-b. It shall be an unlawful  discriminatory  practice  for  any  real
   22  estate  broker,  real estate salesperson or employee or agent thereof or
   23  any other individual, corporation, partnership or organization  for  the
   24  purpose of inducing a real estate transaction from which any such person
   25  or any of its stockholders or members may benefit financially, to repre-
   26  sent  that a change has occurred or will or may occur in the composition
   27  with respect to race, creed, color, national origin, sexual orientation,
   28  military status, STATUS AS A NEW YORK STATE  CITIZEN,  sex,  disability,
   29  marital  status,  or  familial  status of the owners or occupants in the
   30  block, neighborhood or area in which the real property is  located,  and
   31  to  represent,  directly  or  indirectly,  that  this change will or may
   32  result in undesirable consequences in the block, neighborhood or area in
   33  which the real property is located, including but  not  limited  to  the
   34  lowering  of  property  values,  an  increase in criminal or anti-social
   35  behavior, or a decline in the quality of schools or other facilities.
   36    4. It shall be an unlawful discriminatory practice  for  an  education
   37  corporation  or  association  which holds itself out to the public to be
   38  non-sectarian and exempt from taxation pursuant  to  the  provisions  of
   39  article four of the real property tax law to deny the use of its facili-
   40  ties  to  any person otherwise qualified, or to permit the harassment of
   41  any student or applicant, by reason of his race, color, religion,  disa-
   42  bility,  national  origin,  sexual  orientation,  military  status, sex,
   43  STATUS AS A NEW YORK STATE CITIZEN, age or marital status,  except  that
   44  any  such institution which establishes or maintains a policy of educat-
   45  ing persons of one sex exclusively may admit students of only one sex.
   46    5. (a) It shall be an unlawful discriminatory practice for the  owner,
   47  lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person
   48  having the right  to  sell,  rent  or  lease  a  housing  accommodation,
   49  constructed or to be constructed, or any agent or employee thereof:
   50    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
   51  from any person or group of persons such a housing accommodation because
   52  of the race, creed, color, national origin, sexual orientation, military
   53  status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
   54  CITIZEN,  or  familial status of such person or persons, or to represent
   55  that any housing accommodation or land is not available for  inspection,
   56  sale, rental or lease when in fact it is so available.
       S. 7879                            18                           A. 10129

    1    (2)  To discriminate against any person because of race, creed, color,
    2  national origin, sexual orientation, military status, sex, age, disabil-
    3  ity, marital status, STATUS AS A NEW YORK  STATE  CITIZEN,  or  familial
    4  status  in  the  terms,  conditions or privileges of the sale, rental or
    5  lease  of any such housing accommodation or in the furnishing of facili-
    6  ties or services in connection therewith.
    7    (3) To print or circulate or cause to be  printed  or  circulated  any
    8  statement,  advertisement or publication, or to use any form of applica-
    9  tion for the purchase, rental or lease of such housing accommodation  or
   10  to  make  any  record  or  inquiry  in  connection  with the prospective
   11  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
   12  expresses,  directly  or  indirectly,  any  limitation, specification or
   13  discrimination as to race, creed, color, national origin, sexual  orien-
   14  tation, military status, sex, age, disability, marital status, STATUS AS
   15  A  NEW YORK STATE CITIZEN, or familial status, or any intent to make any
   16  such limitation, specification or discrimination.
   17    The provisions of this paragraph [(a)] shall  not  apply  (1)  to  the
   18  rental  of  a housing accommodation in a building which contains housing
   19  accommodations for not more than two families  living  independently  of
   20  each  other, if the owner resides in one of such housing accommodations,
   21  (2) to the restriction of the rental of all rooms in a housing  accommo-
   22  dation  to individuals of the same sex or (3) to the rental of a room or
   23  rooms in a housing accommodation, if such rental is by the  occupant  of
   24  the  housing  accommodation or by the owner of the housing accommodation
   25  and the owner resides in such housing accommodation or (4)  solely  with
   26  respect  to  age  and  familial  status  to the restriction of the sale,
   27  rental or lease of housing accommodations exclusively to persons  sixty-
   28  two  years  of  age  or  older and the spouse of any such person, or for
   29  housing intended and operated for  occupancy  by  at  least  one  person
   30  fifty-five  years of age or older per unit. In determining whether hous-
   31  ing is intended and operated for occupancy by persons  fifty-five  years
   32  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
   33  federal Fair Housing Act of 1988, as amended, shall apply.
   34    (b)  It  shall  be  an unlawful discriminatory practice for the owner,
   35  lessee, sub-lessee, or managing agent of, or  other  person  having  the
   36  right of ownership or possession of or the right to sell, rent or lease,
   37  land or commercial space:
   38    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
   39  from any person or group of persons land or commercial space because  of
   40  the  race,  creed,  color, national origin, sexual orientation, military
   41  status, sex, age, disability, marital status, STATUS AS A NEW YORK STATE
   42  CITIZEN, or familial status of such person or persons, or  to  represent
   43  that  any housing accommodation or land is not available for inspection,
   44  sale, rental or lease when in fact it is so available;
   45    (2) To discriminate against any person because of race, creed,  color,
   46  national origin, sexual orientation, military status, sex, age, disabil-
   47  ity,  marital  status,  STATUS  AS A NEW YORK STATE CITIZEN, or familial
   48  status in the terms, conditions or privileges of  the  sale,  rental  or
   49  lease  of  any  such  land  or commercial space; or in the furnishing of
   50  facilities or services in connection therewith;
   51    (3) To print or circulate or cause to be  printed  or  circulated  any
   52  statement,  advertisement or publication, or to use any form of applica-
   53  tion for the purchase, rental or lease of such land or commercial  space
   54  or  to  make  any  record  or inquiry in connection with the prospective
   55  purchase, rental or  lease  of  such  land  or  commercial  space  which
   56  expresses,  directly  or  indirectly,  any  limitation, specification or
       S. 7879                            19                           A. 10129

    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. 7879                            20                           A. 10129

    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    S 42. Paragraph (a) of subdivision 9 of section 296 of  the  executive
   36  law, as amended by chapter 106 of the laws of 2003 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, STATUS AS A NEW
   48  YORK STATE CITIZEN, sex or marital status of such individual.
   49    S 43. Subdivision 13 of section 296 of the executive law,  as  amended
   50  by chapter 196 of the laws of 2010, is amended to read as follows:
   51    13. It shall be an unlawful discriminatory practice (i) for any person
   52  to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
   53  with, or otherwise discriminate against any person, because of the race,
   54  creed, color, national  origin,  sexual  orientation,  military  status,
   55  STATUS  AS  A NEW YORK STATE CITIZEN, sex, or disability of such person,
   56  or of such person's partners, members,  stockholders,  directors,  offi-
       S. 7879                            21                           A. 10129

    1  cers, managers, superintendents, agents, employees, business associates,
    2  suppliers or customers, or (ii) for any person wilfully to do any act or
    3  refrain  from  doing  any act which enables any such person to take such
    4  action. This subdivision shall not apply to:
    5    (a) Boycotts connected with labor disputes; or
    6    (b) Boycotts to protest unlawful discriminatory practices.
    7    S  44.  Subdivisions 1, 2 and 3 of section 296-a of the executive law,
    8  as amended by chapter 106 of the laws of 2003, are amended  to  read  as
    9  follows:
   10    1. It shall be an unlawful discriminatory practice for any creditor or
   11  any officer, agent or employee thereof:
   12    a.  In  the  case  of  applications  for  credit  with  respect to the
   13  purchase, acquisition, construction, rehabilitation, repair  or  mainte-
   14  nance of any housing accommodation, land or commercial space to discrim-
   15  inate  against  any  such  applicant  because of the race, creed, color,
   16  national origin, sexual orientation, military status, age, sex,  marital
   17  status,  disability,  STATUS  AS  A  NEW YORK STATE CITIZEN, or familial
   18  status of such applicant  or  applicants  or  any  member,  stockholder,
   19  director, officer or employee of such applicant or applicants, or of the
   20  prospective  occupants or tenants of such housing accommodation, land or
   21  commercial space, in the granting, withholding, extending  or  renewing,
   22  or in the fixing of the rates, terms or conditions of, any such credit;
   23    b.  To  discriminate in the granting, withholding, extending or renew-
   24  ing, or in the fixing of the rates, terms or conditions of, any form  of
   25  credit,  on  the  basis  of  race, creed, color, national origin, sexual
   26  orientation, military status,  age,  sex,  marital  status,  disability,
   27  STATUS AS A NEW YORK STATE CITIZEN, or familial status;
   28    c. To use any form of application for credit or use or make any record
   29  or  inquiry  which  expresses,  directly  or indirectly, any limitation,
   30  specification, or discrimination as  to  race,  creed,  color,  national
   31  origin,  sexual  orientation, military status, age, sex, marital status,
   32  disability, STATUS AS A NEW YORK STATE CITIZEN, or familial status;
   33    d. To make any inquiry of an applicant concerning his or her  capacity
   34  to reproduce, or his or her use or advocacy of any form of birth control
   35  or family planning;
   36    e.  To  refuse  to  consider  sources  of  an applicant's income or to
   37  subject an applicant's income to  discounting,  in  whole  or  in  part,
   38  because  of  an  applicant's race, creed, color, national origin, sexual
   39  orientation, military status, age,  sex,  marital  status,  childbearing
   40  potential,  disability,  STATUS AS A NEW YORK STATE CITIZEN, or familial
   41  status;
   42    f. To discriminate  against  a  married  person  because  such  person
   43  neither uses nor is known by the surname of his or her spouse.
   44    This  paragraph  shall  not  apply to any situation where the use of a
   45  surname would constitute or result in a criminal act.
   46    2. Without limiting the generality of subdivision one of this section,
   47  it shall be considered discriminatory if, because of an  applicant's  or
   48  class  of applicants' race, creed, color, national origin, sexual orien-
   49  tation, military status, age, sex, marital status or disability,  STATUS
   50  AS  A  NEW  YORK  STATE CITIZEN, or familial status, (i) an applicant or
   51  class of applicants is denied credit in circumstances where other appli-
   52  cants of like overall credit worthiness  are  granted  credit,  or  (ii)
   53  special  requirements  or  conditions,  such as requiring co-obligors or
   54  reapplication upon marriage, are imposed upon an applicant or  class  of
   55  applicants in circumstances where similar requirements or conditions are
   56  not imposed upon other applicants of like overall credit worthiness.
       S. 7879                            22                           A. 10129

    1    3.  It  shall  not  be  considered  discriminatory if credit differen-
    2  tiations or decisions are based upon  factually  supportable,  objective
    3  differences  in applicants' overall credit worthiness, which may include
    4  reference to such factors as current income,  assets  and  prior  credit
    5  history  of  such applicants, as well as reference to any other relevant
    6  factually supportable data; provided, however, that  no  creditor  shall
    7  consider, in evaluating the credit worthiness of an applicant, aggregate
    8  statistics  or  assumptions  relating  to  race,  creed, color, national
    9  origin, sexual orientation, military status, sex, STATUS AS A  NEW  YORK
   10  STATE CITIZEN, marital status or disability, or to the likelihood of any
   11  group of persons bearing or rearing children, or for that reason receiv-
   12  ing diminished or interrupted income in the future.
   13    S 45. Paragraph (b) of subdivision 2 of section 296-b of the executive
   14  law,  as added by chapter 481 of the laws of 2010, is amended to read as
   15  follows:
   16    (b) Subject a domestic worker to unwelcome harassment based on gender,
   17  race, religion, STATUS AS A NEW YORK STATE CITIZEN or  national  origin,
   18  where  such  harassment has the purpose or effect of unreasonably inter-
   19  fering with an individual's work performance by creating  an  intimidat-
   20  ing, hostile, or offensive working environment.
   21    S  46.  Paragraph  (c)  of  subdivision 1 of section 122 of the social
   22  services law, as amended by chapter 214 of the laws of 1998, is  amended
   23  to read as follows:
   24    (c)  The  following  persons, not described in paragraph (a) or (b) of
   25  this subdivision, shall, if otherwise eligible, be eligible  for  safety
   26  net  assistance  and medical assistance[, except that medical assistance
   27  shall be limited to care and services (not including care  and  services
   28  related to an organ transplant procedure) necessary for the treatment of
   29  an  emergency  medical condition as that term is defined in section 1903
   30  of the federal social security act unless and  until  federal  financial
   31  participation is available for the costs of providing medical assistance
   32  provided,  however,  that  any  such  person  who,  on the fourth day of
   33  August, nineteen hundred ninety-seven  was  residing  in  a  residential
   34  health  care facility licensed by the department of health or in a resi-
   35  dential facility licensed, operated or funded by the  office  of  mental
   36  health  or  the office of mental retardation and developmental disabili-
   37  ties, and was in receipt of a medical assistance authorization based  on
   38  a  finding  that he or she was] (I) a person permanently residing in the
   39  United States under color of  law  [shall,  if  otherwise  eligible,  be
   40  eligible  for  medical  assistance  and provided, further, that any such
   41  person who, on the fourth day of August, nineteen hundred  ninety-seven,
   42  was  diagnosed  as having AIDS, as defined in subdivision one of section
   43  two thousand seven hundred eighty of the public health law, and  was  in
   44  receipt  of medical assistance authorization pursuant to title eleven of
   45  article five of this chapter based on a finding that he  or  she  was  a
   46  person  permanently  residing  in  the  United States under color of law
   47  shall, if otherwise eligible, be eligible for medical assistance:
   48    (i) a qualified alien who entered the United  States  less  than  five
   49  years  earlier  or  for less than five years has had a status within the
   50  meaning of the term "qualified alien" as defined in section 431  of  the
   51  federal  personal responsibility and work opportunity reconciliation act
   52  of 1996 (8 U.S. Code 1641), as amended, if such  entry  occurred  on  or
   53  after the twenty-second day of August, nineteen hundred ninety-six; and
   54    (ii)  an  alien  whose  status  is  not within the meaning of the term
   55  "qualified alien" as defined in section  431  of  the  federal  personal
   56  responsibility  and  work opportunity reconciliation act of 1996 (8 U.S.
       S. 7879                            23                           A. 10129

    1  Code 1641), as amended, but who is otherwise permanently residing in the
    2  United States under color of law], AND (II) NEW YORK STATE  CITIZENS  IF
    3  OTHERWISE ELIGIBLE SHALL ONLY BE ELIGIBLE FOR MEDICAL ASSISTANCE.
    4    S 47. Section 131-k of the social services law is REPEALED.
    5    S 48. The education law is amended by adding a new section 609 to read
    6  as follows:
    7    S  609. NEW YORK DREAM FUND COMMISSION.  1. (A) THERE SHALL BE CREATED
    8  A NEW YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED  TO  ADVANCING
    9  THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
   10    (B)  THE  NEW  YORK  DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE
   11  MEMBERS TO BE APPOINTED AS FOLLOWS:
   12    (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
   13    (II) THREE MEMBERS SHALL BE APPOINTED BY THE  TEMPORARY  PRESIDENT  OF
   14  THE SENATE;
   15    (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   16    (IV)  ONE  MEMBER  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
   17  SENATE;
   18    (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
   19  BLY;
   20    (C) TO THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH  COMMISSION  SHALL
   21  REFLECT  THE  RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY
   22  OF THE STATE.
   23    (D) TO THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH  COMMISSION  SHALL
   24  INCLUDE  COLLEGE  AND  UNIVERSITY  ADMINISTRATORS AND FACULTY, AND OTHER
   25  INDIVIDUALS COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF  THE
   26  CHILDREN OF IMMIGRANTS.
   27    (E)  MEMBERS  OF  THE  NEW YORK DREAM FUND COMMISSION SHALL RECEIVE NO
   28  COMPENSATION FOR THEIR SERVICES.
   29    2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
   30    (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
   31    (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
   32    (III) ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE  RESPONSIBIL-
   33  ITY  OF  RAISING  FUNDS  FOR  THE ADMINISTRATION OF THIS SECTION AND ANY
   34  EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
   35  TRATING AND FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN  OF  IMMI-
   36  GRANTS TO THE UNITED STATES;
   37    (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
   38  DREAM FUND;
   39    (V)  DEVELOP  CRITERIA  AND  A SELECTION PROCESS FOR THE RECIPIENTS OF
   40  SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
   41    (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
   42  THE COSTS OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS  AND  OTHER
   43  ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
   44  GRANTS WITHIN HIGHER EDUCATION;
   45    (VII)  ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR HIGH
   46  SCHOOL COUNSELORS, ADMISSIONS OFFICERS, AND FINANCIAL  AID  OFFICERS  OF
   47  INSTITUTIONS  OF  HIGHER EDUCATION. THE TRAINING PROGRAMS SHALL INSTRUCT
   48  PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
   49  STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT  LIMITED
   50  TO,  IN-STATE  TUITION AND SCHOLARSHIP PROGRAMS. TO THE EXTENT PRACTICA-
   51  BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
   52  TO SCHOOL DISTRICTS  AND  BOARDS  OF  COOPERATIVE  EDUCATIONAL  SERVICES
   53  THROUGHOUT  THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN TO
   54  SCHOOL DISTRICTS AND BOARDS OF  COOPERATIVE  EDUCATIONAL  SERVICES  WITH
   55  LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
       S. 7879                            24                           A. 10129

    1  DISTRICTS  AND  BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES WITH LESSER
    2  NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
    3    (VIII)  ESTABLISH  A  PUBLIC  AWARENESS CAMPAIGN REGARDING EDUCATIONAL
    4  OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE  THE  CHILDREN
    5  OF IMMIGRANTS; AND
    6    (IX)  ESTABLISH,  BY  RULE,  PROCEDURES  FOR  ACCEPTING AND EVALUATING
    7  APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND  ISSU-
    8  ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
    9    (B)  TO  RECEIVE  A  SCHOLARSHIP  PURSUANT  TO THIS SECTION, A STUDENT
   10  APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
   11    (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE  ATTENDING
   12  A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
   13    (II)  HAVE  GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
   14  THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
   15    (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE  FOR
   16  AT  LEAST  TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
   17  OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
   18    (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
   19  STATES.
   20    (C) THE NEW YORK DREAM FUND COMMISSION AND THE  NEW  YORK  DREAM  FUND
   21  SHALL  BE  FUNDED  ENTIRELY  BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
   22  SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND.   NO  FUNDS
   23  OF  THE  NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
   24  BE TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR  SHALL
   25  BE  USED  FOR  ANY  PURPOSE  OTHER  THAN  THE PURPOSES SET FORTH IN THIS
   26  SECTION.
   27    3. THE NEW YORK DREAM FUND COMMISSION AND  THE  NEW  YORK  DREAM  FUND
   28  SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
   29  SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
   30    S 49. Subdivision 3 of section 661 of the education law is REPEALED.
   31    S  50.  Paragraph  a  of subdivision 5 of section 661 of the education
   32  law, as amended by chapter 466 of the laws of 1977, is amended  to  read
   33  as follows:
   34    a.  (I)  Except  as provided in subdivision two of section six hundred
   35  seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF  THIS  PARAGRAPH,  an
   36  applicant  for  an award at the undergraduate level of study must either
   37  [(i)] (A) have been a legal resident of the state for at least one  year
   38  immediately  preceding the beginning of the semester, quarter or term of
   39  attendance for which application for assistance is made, or  [(ii)]  (B)
   40  be  a  legal resident of the state and have been a legal resident during
   41  his last two semesters of high school either  prior  to  graduation,  or
   42  prior  to  admission  to college. Provided further that persons shall be
   43  eligible to receive awards under  section  six  hundred  sixty-eight  or
   44  section  six  hundred  sixty-nine  OF  THIS PART who are currently legal
   45  residents of the state and are otherwise qualified.
   46    (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
   47  PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
   48  CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL  NON-IMMIGRANT  ALIEN,  A
   49  NEW YORK STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
   50  SHALL  BE  ELIGIBLE  FOR  AN  AWARD  AT THE UNDERGRADUATE LEVEL OF STUDY
   51  PROVIDED THAT THE STUDENT:
   52    (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
   53  YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND
   54  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
   55  UNDERGRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
   56  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
       S. 7879                            25                           A. 10129

    1    (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
    2  SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
    3  DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
    4  TION  FOR  THE  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
    5  FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
    6    (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
    7  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
    8  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
    9  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
   10  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
   11  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   12    PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
   13  SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
   14  HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
   15  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
   16  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   17    S  51.  Paragraph  b  of subdivision 5 of section 661 of the education
   18  law, as amended by chapter 466 of the laws of 1977, is amended  to  read
   19  as follows:
   20    b.  [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS
   21  PARAGRAPH, AN applicant for an award at the graduate level of study must
   22  either [(i)] (A) have been a legal resident of the state  for  at  least
   23  one year immediately preceding the beginning of the semester, quarter or
   24  term  of  attendance  for  which  application for assistance is made, or
   25  [(ii)] (B) be a legal resident of the state and have been a legal  resi-
   26  dent  during  his  last  academic  year  of undergraduate study and have
   27  continued to be a legal resident until  matriculation  in  the  graduate
   28  program.
   29    (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
   30  PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
   31  CITIZEN,  A  PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN, A
   32  NEW YORK STATE CITIZEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
   33  SHALL BE ELIGIBLE FOR AN AWARD  AT  THE  UNDERGRADUATE  LEVEL  OF  STUDY
   34  PROVIDED THAT THE STUDENT:
   35    (A)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
   36  OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
   37  AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
   38  THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
   39  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   40    (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
   41  SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
   42  DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
   43  TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
   44  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   45    (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
   46  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
   47  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
   48  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
   49  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
   50  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   51    PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
   52  SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
   53  HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
   54  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
   55  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
       S. 7879                            26                           A. 10129

    1    S  52.  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    S 53. 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    S 54. 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 CHAPTER, AS
   35  APPLICABLE.
   36    S 55. Subdivision 7 of section 6206 of the education law is amended by
   37  adding a new paragraph (d) to read as follows:
   38    (D)  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    S  56.  Section  6305  of the education law is amended by adding a new
   50  subdivision 8-a to read as follows:
   51    8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES  OF  A  STUDENT
   52  WHO  IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT OF
   53  NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESI-
   54  DENT,  A  LAWFUL  NON-IMMIGRANT  ALIEN,  A  NEW YORK STATE CITIZEN OR AN
   55  APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY BE REDUCED BY STATE-AID-
   56  ED PROGRAMS, SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE  AWARDED  UNDER
       S. 7879                            27                           A. 10129

    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    S 57. Paragraph d of subdivision 3 of section 6451  of  the  education
    7  law,  as  amended by chapter 149 of the laws of 1972, 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    S 58. 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    S  59. Paragraph (a) of subdivision 2 of section 6455 of the education
   32  law, as added by chapter 285 of the laws of 1986, is amended to read  as
   33  follows:
   34    (a)  (I) Undergraduate science and technology entry program moneys may
   35  be used for tutoring, counseling, remedial and special  summer  courses,
   36  supplemental  financial  assistance,  program  administration, and other
   37  activities which the commissioner may deem appropriate. To  be  eligible
   38  for  undergraduate  collegiate  science  and  technology  entry  program
   39  support, a student must be a resident of New York [who is], OR MEET  THE
   40  REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
   41  economically disadvantaged or from a minority group  historically  under
   42  represented  in  the  scientific,  technical,  health and health-related
   43  professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
   44  potential for a professional career if provided special services. Eligi-
   45  ble students must be in good academic standing, enrolled full time in an
   46  approved,  undergraduate  level  program  of  study,  as  defined by the
   47  regents.
   48    (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
   49  WHO  IS  A  UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
   50  NON-IMMIGRANT ALIEN, A NEW YORK STATE CITIZEN OR  AN  APPLICANT  WITHOUT
   51  LAWFUL  IMMIGRATION STATUS, SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDER-
   52  GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   53    (1) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
   54  YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND
   55  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
       S. 7879                            28                           A. 10129

    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 IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS
   22  SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   23    S 60. Paragraph (a) of subdivision 3 of section 6455 of the  education
   24  law,  as added by chapter 285 of the laws of 1986, is amended to read as
   25  follows:
   26    (a) (I) Graduate science and technology entry program  moneys  may  be
   27  used for recruitment, academic enrichment, career planning, supplemental
   28  financial  assistance, review for licensing examinations, program admin-
   29  istration, and other activities which the commissioner may  deem  appro-
   30  priate.  To  be  eligible for graduate collegiate science and technology
   31  entry program support, a student must be a resident  of  New  York  [who
   32  is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
   33  AND MUST BE either economically disadvantaged or from a  minority  group
   34  historically  underrepresented  in the scientific, technical and health-
   35  related professions. Eligible students must be in good  academic  stand-
   36  ing,  enrolled  full  time  in  an  approved  graduate level program, as
   37  defined by the regents.
   38    (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
   39  EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
   40  NON-IMMIGRANT  ALIEN,  A  NEW YORK STATE CITIZEN OR AN APPLICANT WITHOUT
   41  LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT  THE  UNDER-
   42  GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   43    (1)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
   44  OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
   45  AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
   46  THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
   47  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   48    (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
   49  SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
   50  DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
   51  TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
   52  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   53    (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
   54  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
   55  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
   56  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
       S. 7879                            29                           A. 10129

    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    S 61. Subparagraph (i) of paragraph a  of  subdivision  2  of  section
    9  695-e  of  the  education  law, as amended by chapter 593 of the laws of
   10  2003, is 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 FOUR-
   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    S 62. Subparagraph (iii) of paragraph a of subdivision  2  of  section
   19  695-e  of  the  education  law, as amended by chapter 593 of the laws of
   20  2003, is amended to read as follows:
   21    (iii) the name, address, and social security  number,  EMPLOYER  IDEN-
   22  TIFICATION  NUMBER,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
   23  designated beneficiary, UNLESS A FAMILY  TUITION  ACCOUNT  THAT  WAS  IN
   24  EFFECT  PRIOR  TO  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
   25  THOUSAND FOURTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT  ALLOW  FOR  A
   26  TAXPAYER  IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION
   27  NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
   28    S 63. The president of the higher education services  corporation,  in
   29  consultation  with  the  commissioner  of  education, shall establish an
   30  application form and procedures that shall  allow  a  student  applicant
   31  that  meets the requirements set forth in subparagraph (ii) of paragraph
   32  a or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of
   33  the education law to apply directly to  the  higher  education  services
   34  corporation or education department for applicable awards without having
   35  to submit information to any other state or federal agency. All informa-
   36  tion  contained  within  the applications filed with such corporation or
   37  department shall be deemed confidential.
   38    S 64. The correction law is amended by adding a new  section  71-b  to
   39  read as follows:
   40    S  71-B.  PERSONS  NOT  TO  BE DETAINED.   1. FOR THE PURPOSES OF THIS
   41  SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   42    (A) "CIVIL IMMIGRATION DETAINER" SHALL MEAN A DETAINER ISSUED PURSUANT
   43  TO 8 C.F.R. 287.7.
   44    (B) "ADMINISTRATIVE WARRANT" SHALL  MEAN  AN  IMMIGRATION  WARRANT  OF
   45  ARREST,  ORDER  TO  DETAIN OR RELEASE ALIENS, NOTICE OF CUSTODY DETERMI-
   46  NATION, NOTICE TO APPEAR, REMOVAL ORDER,  WARRANT  OF  REMOVAL,  OR  ANY
   47  OTHER  DOCUMENT  ISSUED  BY AN IMMIGRATION AGENT THAT CAN FORM THE BASIS
   48  FOR AN INDIVIDUAL'S ARREST OR DETENTION FOR A CIVIL IMMIGRATION PURPOSE.
   49    (C) "LAW ENFORCEMENT OFFICER" SHALL MEAN ALL OFFICERS,  EMPLOYEES  AND
   50  PERSONS  OTHERWISE  PAID BY OR ACTING AS AGENTS OF ANY MUNICIPAL, COUNTY
   51  OR STATE POLICE DEPARTMENT OR DEPARTMENT OF CORRECTIONS.
   52    (D) "FEDERAL IMMIGRATION AUTHORITIES" SHALL MEAN ANY OFFICER, EMPLOYEE
   53  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF UNITED STATES IMMI-
   54  GRATION AND CUSTOMS ENFORCEMENT OR ANY DIVISION  THEREOF  OR  ANY  OTHER
   55  OFFICER,  EMPLOYEE  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF
   56  THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY WHO  IS  CHARGED  WITH
       S. 7879                            30                           A. 10129

    1  ENFORCEMENT  OF  THE CIVIL PROVISIONS OF THE IMMIGRATION AND NATIONALITY
    2  ACT.
    3    (E)  "FACILITY"  SHALL MEAN ANY FACILITY OWNED OR LEASED BY THE STATE,
    4  STAFFED BY PERSONNEL PAID BY  THE  STATE,  OR  USED  PRIMARILY  FOR  THE
    5  CONDUCT  OF  STATE  BUSINESS, INCLUDING BUT NOT LIMITED TO ANY PRISON OR
    6  JAIL OWNED OR OPERATED BY ANY GOVERNMENT ENTITY UNDER THE STATE'S JURIS-
    7  DICTION.
    8    2. (A) LAW ENFORCEMENT OFFICERS SHALL NOT HONOR  A  CIVIL  IMMIGRATION
    9  DETAINER  OR  ADMINISTRATIVE  WARRANT FROM FEDERAL IMMIGRATION OFFICIALS
   10  BY:
   11    (I) HOLDING A PERSON BEYOND THE TIME WHEN SUCH PERSON WOULD  OTHERWISE
   12  BE RELEASED FROM CUSTODY; OR
   13    (II)  EXPENDING  TIME OR RESOURCES RESPONDING TO INQUIRIES OR COMMUNI-
   14  CATING WITH FEDERAL IMMIGRATION AUTHORITIES OF SUCH PERSON'S  INCARCERA-
   15  TION  STATUS, RELEASE DATES, COURT APPEARANCE DATES, OR ANY OTHER INFOR-
   16  MATION RELATED TO AN INDIVIDUAL IN CUSTODY UNLESS  SUCH  A  RESPONSE  OR
   17  COMMUNICATION IS REQUIRED OR PROTECTED BY LAW.
   18    (B) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
   19  NAL WARRANT, OR LAW ENFORCEMENT OFFICIALS HAVE A LEGITIMATE LAW ENFORCE-
   20  MENT  PURPOSE THAT IS NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION LAW,
   21  LAW ENFORCEMENT OFFICERS SHALL NOT PERMIT ANY FEDERAL IMMIGRATION  OFFI-
   22  CIAL TO:
   23    (I) HAVE ACCESS TO ANY PERSON IN THEIR CUSTODY; OR
   24    (II) HAVE ACCESS TO ANY FACILITY OWNED OR OPERATED BY THE STATE, OR BY
   25  ANY  MUNICIPALITY  WITHIN  THE  STATE,  FOR THE PURPOSE OF INVESTIGATING
   26  POTENTIAL VIOLATIONS OF THE CIVIL IMMIGRATION LAW.
   27    3. NOTHING IN THIS SECTION SHALL AFFECT THE OBLIGATION OF LAW ENFORCE-
   28  MENT  OFFICERS  TO  MAINTAIN  THE  CONFIDENTIALITY  OF  ANY  INFORMATION
   29  OBTAINED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   30    4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY AUTHORITY
   31  ON ANY ENTITY TO HOLD PERSONS ON CIVIL IMMIGRATION DETAINERS BEYOND  THE
   32  AUTHORITY,  IF  ANY,  THAT  EXISTED  PRIOR TO THE EFFECTIVE DATE OF THIS
   33  SECTION.
   34    5. THIS SECTION SUPERSEDES ALL CONFLICTING POLICIES, RULES, PROCEDURES
   35  AND PRACTICES OF THE STATE. NOTHING IN THIS SECTION SHALL  BE  CONSTRUED
   36  TO  PROHIBIT  ANY STATE AGENCY FROM COOPERATING WITH FEDERAL IMMIGRATION
   37  AUTHORITIES WHEN REQUIRED UNDER FEDERAL LAW.  NOTHING  IN  THIS  SECTION
   38  SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE ANY POWER, DUTY OR OBLI-
   39  GATION IN CONFLICT WITH ANY FEDERAL, STATE OR LOCAL LAW.
   40    6.  NOTHING  CONTAINED  IN  THIS  SECTION  OR IN THE ADMINISTRATION OR
   41  APPLICATION HEREOF SHALL BE CONSTRUED AS CREATING ANY PRIVATE  RIGHT  OF
   42  ACTION  ON  THE  PART  OF ANY PERSONS OR ENTITY AGAINST THE STATE OR THE
   43  DEPARTMENT.
   44    7. ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST, THE  DEPARTMENT  SHALL
   45  POST  A  REPORT  ON THE DEPARTMENT'S WEBSITE THAT INCLUDES THE FOLLOWING
   46  INFORMATION FOR THE PRECEDING TWELVE MONTH PERIOD:
   47    (A) THE NUMBER OF CIVIL IMMIGRATION DETAINERS  RECEIVED  FROM  FEDERAL
   48  IMMIGRATION AUTHORITIES;
   49    (B) THE NUMBER OF PERSONS HELD PURSUANT TO CIVIL IMMIGRATION DETAINERS
   50  BEYOND  THE  TIME WHEN SUCH PERSONS WOULD OTHERWISE BE RELEASED FROM THE
   51  DEPARTMENT'S CUSTODY;
   52    (C) THE NUMBER OF PERSONS TRANSFERRED TO THE CUSTODY OF FEDERAL  IMMI-
   53  GRATION AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS; AND
   54    (D)  THE  JUSTIFICATION  AND  LEGAL  AUTHORITY FOR THE TRANSFER OF ANY
   55  INDIVIDUAL TO THE CUSTODY OF FEDERAL IMMIGRATION AUTHORITIES.
       S. 7879                            31                           A. 10129

    1    8. FOR THE PURPOSE OF THIS SECTION, ANY REFERENCE TO A STATUTE,  RULE,
    2  OR REGULATION SHALL BE DEEMED TO INCLUDE ANY SUCCESSOR PROVISION.
    3    S  65.  The  executive law is amended by adding a new section 243-a to
    4  read as follows:
    5    S 243-A. PERSONS NOT TO BE DETAINED.  1.  FOR  THE  PURPOSES  OF  THIS
    6  SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    7    (A) "CIVIL IMMIGRATION DETAINER" SHALL MEAN A DETAINER ISSUED PURSUANT
    8  TO 8 C.F.R. 287.7.
    9    (B)  "ADMINISTRATIVE  WARRANT"  SHALL  MEAN  AN IMMIGRATION WARRANT OF
   10  ARREST, ORDER TO DETAIN OR RELEASE ALIENS, NOTICE  OF  CUSTODY  DETERMI-
   11  NATION,  NOTICE  TO  APPEAR,  REMOVAL  ORDER, WARRANT OF REMOVAL, OR ANY
   12  OTHER DOCUMENT ISSUED BY AN IMMIGRATION AGENT THAT CAN  FORM  THE  BASIS
   13  FOR AN INDIVIDUAL'S ARREST OR DETENTION FOR A CIVIL IMMIGRATION PURPOSE.
   14    (C)  "PROBATION  OFFICER"  SHALL  MEAN ANY OFFICER, EMPLOYEE OR PERSON
   15  OTHERWISE PAID BY OR ACTING AS AN AGENT OF THE OFFICE OF  PROBATION  AND
   16  CORRECTIONAL  ALTERNATIVES, OR ANY COUNTY OR MUNICIPAL PROBATION DEPART-
   17  MENT.
   18    (D) "FEDERAL IMMIGRATION AUTHORITIES" SHALL MEAN ANY OFFICER, EMPLOYEE
   19  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF UNITED STATES IMMI-
   20  GRATION AND CUSTOMS ENFORCEMENT OR ANY DIVISION  THEREOF  OR  ANY  OTHER
   21  OFFICER,  EMPLOYEE  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF
   22  THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY WHO  IS  CHARGED  WITH
   23  ENFORCEMENT  OF  THE CIVIL PROVISIONS OF THE IMMIGRATION AND NATIONALITY
   24  ACT.
   25    (E) "FACILITY" SHALL MEAN ANY FACILITY OWNED OR LEASED BY  THE  STATE,
   26  STAFFED  BY  PERSONNEL  PAID  BY  THE  STATE,  OR USED PRIMARILY FOR THE
   27  CONDUCT OF STATE BUSINESS, INCLUDING BUT NOT LIMITED TO  ANY  PRISON  OR
   28  JAIL OWNED OR OPERATED BY ANY GOVERNMENT ENTITY UNDER THE STATE'S JURIS-
   29  DICTION.
   30    2. (A) PROBATION OFFICERS SHALL NOT HONOR A CIVIL IMMIGRATION DETAINER
   31  OR ADMINISTRATIVE WARRANT FROM FEDERAL IMMIGRATION OFFICIALS BY:
   32    (I)  HOLDING A PERSON BEYOND THE TIME WHEN SUCH PERSON WOULD OTHERWISE
   33  BE RELEASED FROM CUSTODY; OR
   34    (II) EXPENDING TIME OR RESOURCES RESPONDING TO INQUIRIES  OR  COMMUNI-
   35  CATING  WITH FEDERAL IMMIGRATION AUTHORITIES OF SUCH PERSON'S INCARCERA-
   36  TION STATUS, RELEASE DATES, COURT APPEARANCE DATES, OR ANY OTHER  INFOR-
   37  MATION  RELATED  TO  AN  INDIVIDUAL IN CUSTODY UNLESS SUCH A RESPONSE OR
   38  COMMUNICATION IS REQUIRED OR PROTECTED BY LAW.
   39    (B) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
   40  NAL WARRANT, OR LAW ENFORCEMENT OFFICIALS HAVE A LEGITIMATE LAW ENFORCE-
   41  MENT PURPOSE THAT IS NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION  LAW,
   42  PROBATION OFFICERS SHALL NOT PERMIT ANY FEDERAL IMMIGRATION OFFICIAL TO:
   43    (I) HAVE ACCESS TO ANY PERSON IN THEIR CUSTODY; OR
   44    (II) HAVE ACCESS TO ANY FACILITY OWNED OR OPERATED BY THE STATE, OR BY
   45  ANY  MUNICIPALITY  WITHIN  THE  STATE,  FOR THE PURPOSE OF INVESTIGATING
   46  POTENTIAL VIOLATIONS OF THE CIVIL IMMIGRATION LAW.
   47    (C) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
   48  NAL WARRANT, OR PROBATION OFFICERS HAVE  A  LEGITIMATE  LAW  ENFORCEMENT
   49  PURPOSE  THAT  IS  NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION LAW, NO
   50  PROBATION OFFICER SHALL
   51    (I) PROVIDE ANY DETAINEE, INMATE OR BOOKING  LISTS  TO  FEDERAL  IMMI-
   52  GRATION OFFICIALS; OR
   53    (II) EXPEND TIME OR RESOURCES RESPONDING TO INQUIRIES OR COMMUNICATING
   54  WITH FEDERAL IMMIGRATION OFFICIALS, REGARDING ANY PERSON'S INCARCERATION
   55  STATUS,  PROBATION  STATUS,  RELEASE DATE, COURT APPEARANCE DATES OR ANY
       S. 7879                            32                           A. 10129

    1  OTHER INFORMATION, UNLESS SUCH RESPONSE OR COMMUNICATIONS IS REQUIRED OR
    2  PROTECTED BY LAW.
    3    3.  NOTHING  IN  THIS SECTION SHALL AFFECT THE OBLIGATION OF PROBATION
    4  OFFICERS TO MAINTAIN THE CONFIDENTIALITY  OF  ANY  INFORMATION  OBTAINED
    5  PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
    6    4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY AUTHORITY
    7  ON ANY ENTITY TO HOLD PERSONS ON CIVIL IMMIGRATION DETAINERS BEYOND  THE
    8  AUTHORITY,  IF  ANY,  THAT  EXISTED  PRIOR TO THE EFFECTIVE DATE OF THIS
    9  SECTION.
   10    5. THIS SECTION SUPERSEDES ALL CONFLICTING POLICIES, RULES, PROCEDURES
   11  AND PRACTICES OF THE STATE. NOTHING IN THIS SECTION SHALL  BE  CONSTRUED
   12  TO  PROHIBIT  ANY STATE AGENCY FROM COOPERATING WITH FEDERAL IMMIGRATION
   13  AUTHORITIES WHEN REQUIRED UNDER FEDERAL LAW.  NOTHING  IN  THIS  SECTION
   14  SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE ANY POWER, DUTY OR OBLI-
   15  GATION IN CONFLICT WITH ANY FEDERAL, STATE OR LOCAL LAW.
   16    6.  NOTHING  CONTAINED  IN  THIS  SECTION  OR IN THE ADMINISTRATION OR
   17  APPLICATION HEREOF SHALL BE CONSTRUED AS CREATING ANY PRIVATE  RIGHT  OF
   18  ACTION  ON  THE  PART  OF ANY PERSONS OR ENTITY AGAINST THE STATE OR THE
   19  OFFICE.
   20    7. ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST, THE  DEPARTMENT  SHALL
   21  POST A REPORT ON THE OFFICE'S WEBSITE THAT INCLUDES THE FOLLOWING INFOR-
   22  MATION FOR THE PRECEDING TWELVE MONTH PERIOD:
   23    (A)  THE  NUMBER  OF CIVIL IMMIGRATION DETAINERS RECEIVED FROM FEDERAL
   24  IMMIGRATION AUTHORITIES;
   25    (B) THE NUMBER OF PERSONS HELD PURSUANT TO CIVIL IMMIGRATION DETAINERS
   26  BEYOND THE TIME WHEN SUCH PERSONS WOULD OTHERWISE BE RELEASED  FROM  THE
   27  OFFICE'S CUSTODY;
   28    (C)  THE NUMBER OF PERSONS TRANSFERRED TO THE CUSTODY OF FEDERAL IMMI-
   29  GRATION AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS; AND
   30    (D) THE JUSTIFICATION AND LEGAL AUTHORITY  FOR  THE  TRANSFER  OF  ANY
   31  INDIVIDUAL TO THE CUSTODY OF FEDERAL IMMIGRATION AUTHORITIES.
   32    8.  FOR THE PURPOSE OF THIS SECTION, ANY REFERENCE TO A STATUTE, RULE,
   33  OR REGULATION SHALL BE DEEMED TO INCLUDE ANY SUCCESSOR PROVISION.
   34    S 66. The executive law is amended by adding a new  section  223-a  to
   35  read as follows:
   36    S  223-A. PROHIBITION ON RACIAL PROFILING. 1. FOR THE PURPOSES OF THIS
   37  SECTION, "RACIAL PROFILING" SHALL MEAN THE PRACTICE OF A LAW ENFORCEMENT
   38  OFFICER OR AGENCY RELYING, TO ANY DEGREE, ON RACE,  ETHNICITY,  NATIONAL
   39  ORIGIN,  OR RELIGION IN SELECTING WHICH INDIVIDUAL TO SUBJECT TO ROUTINE
   40  OR SPONTANEOUS INVESTIGATORY ACTIVITIES OR IN DECIDING  UPON  THE  SCOPE
   41  AND SUBSTANCE OF LAW ENFORCEMENT ACTIVITY FOLLOWING THE INITIAL INVESTI-
   42  GATORY PROCEDURE, EXCEPT WHEN THERE IS TRUSTWORTHY INFORMATION, RELEVANT
   43  TO THE LOCALITY AND TIMEFRAME, THAT LINKS A PERSON OF A PARTICULAR RACE,
   44  ETHNICITY,  NATIONAL ORIGIN, OR RELIGION TO AN IDENTIFIED CRIMINAL INCI-
   45  DENT OR SCHEME.
   46    2. THE SUPERINTENDENT OF STATE POLICE AND MEMBERS OF THE  DIVISION  OF
   47  STATE POLICE SHALL NOT ENGAGE IN RACIAL PROFILING.
   48    3.  THE  DIVISION OF STATE POLICE SHALL MAINTAIN ADEQUATE POLICIES AND
   49  PROCEDURES DESIGNED TO ELIMINATE RACIAL  PROFILING  AND  CEASE  EXISTING
   50  PRACTICES  THAT  PERMIT  RACIAL PROFILING. POLICIES AND PROCEDURES SHALL
   51  INCLUDE:
   52    (A) A PROHIBITION ON RACIAL PROFILING;
   53    (B) TRAINING ON RACIAL PROFILING ISSUES AS PART OF STATE POLICE TRAIN-
   54  ING;
   55    (C) THE COLLECTION OF RELEVANT DATA;
       S. 7879                            33                           A. 10129

    1    (D) PROCEDURES FOR RECEIVING, INVESTIGATING AND RESPONDING MEANINGFUL-
    2  LY TO COMPLAINTS ALLEGING RACIAL PROFILING BY MEMBERS OF THE DIVISION OF
    3  STATE POLICE; AND
    4    (E) ANY OTHER POLICIES AND PROCEDURES THE SUPERINTENDENT DETERMINES TO
    5  BE NECESSARY TO ELIMINATE RACIAL PROFILING.
    6    4.  AN INDIVIDUAL INJURED BY RACIAL PROFILING MAY ENFORCE THIS SECTION
    7  IN A CIVIL ACTION FOR DECLARATORY OR INJUNCTIVE RELIEF, UPON PROOF  THAT
    8  THE  ROUTINE  OR  SPONTANEOUS INVESTIGATORY ACTIVITIES OF MEMBERS OF THE
    9  DIVISION OF STATE POLICE HAVE HAD A DISPARATE IMPACT ON RACIAL,  ETHNIC,
   10  OR  RELIGIOUS  MINORITIES  SHALL  CONSTITUTE  PRIMA  FACIE EVIDENCE OF A
   11  VIOLATION OF THIS SECTION. IN ANY ACTION OR PROCEEDING TO  ENFORCE  THIS
   12  SECTION,  THE  COURT  MAY ALLOW A PREVAILING PLAINTIFF REASONABLE ATTOR-
   13  NEY'S FEES AS PART OF THE COSTS AND MAY INCLUDE EXPERT FEES AS  PART  OF
   14  THE ATTORNEY'S FEE.
   15    S  67.  The  provisions of this act shall not be construed to conflict
   16  with any provision of federal  law,  rule  or  regulation,  and  in  any
   17  circumstance in which a conflict may exist, the appropriate federal law,
   18  rule or regulation shall be controlling.
   19    S 68. This act shall take effect on the first of January next succeed-
   20  ing the date on which it shall have become a law, provided that:
   21    (a)  the  amendments  to  section 6604-b of the education law, made by
   22  section fourteen of this act,  shall  not  affect  the  repeal  of  such
   23  section and shall be deemed repealed therewith;
   24    (b) section twenty-eight of this act shall take effect upon the enact-
   25  ment  into law by the state of New Jersey of legislation having an iden-
   26  tical effect with such section, but if the state  of  New  Jersey  shall
   27  have  already enacted such legislation, section twenty-eight of this act
   28  shall take effect on the effective date of this act; provided  that  the
   29  office  for  new  Americans  shall  notify the legislative bill drafting
   30  commission upon the occurrence of the enactment of such  legislation  by
   31  the  state  of  New  Jersey in order that the commission may maintain an
   32  accurate and timely effective data base of the official text of the laws
   33  of the state of New York in furtherance of effectuating  the  provisions
   34  of  section  44  of  the  legislative law and section 70-b of the public
   35  officers law;
   36    (c) section thirty-six of this act shall take effect October 3,  2016;
   37  and
   38    (d)  effective  immediately,  the addition, amendment and/or repeal of
   39  any rule or regulation necessary for the implementation of this  act  on
   40  its  effective date are authorized and directed to be made and completed
   41  on or before such effective date.
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