Add Art 14-A §§275 - 275-f, §§243-a & 223-a, amd §§296, 296-a & 296-b, Exec L; amd §5-102, El L; amd §§3 &
89, Pub Off L; amd §5, Tax L; amd §3-503, Gen Ob L; rpld §661 sub 3, amd Ed L, generally; amd §126, ABC L;
amd §10, Gen City L; amd Part I §1 Art X, Chap 882 of 1953; amd §3421, Pub Health L; amd §§41, 72 & 89-h, Gen
Bus L; amd §440-a, RP L; amd §460, Judy L; amd §502, rpld sub 1, V & T L; rpld §131-k, amd §122, Soc Serv L;
add §71-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.
STATE OF NEW YORK
________________________________________________________________________
1021
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
___________
Introduced by Sens. RIVERA, SERRANO -- read twice and ordered printed,
and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, the election law, the public officers
law, the tax law, the general obligations law, the education law, the
alcoholic beverage control law, the general city law, chapter 882 of
the laws of 1953, establishing a compact with the state of New Jersey
for the elimination of criminal and corrupt practices in the handling
of waterborne freight within the port of New York district, the public
health law, the general business law, the real property law, the judi-
ciary law, the vehicle and traffic law, the social services law and
the correction law, in relation to enacting the "New York is home act"
to establish New York state citizenship, regardless of federal immi-
gration status, and requiring the provision of certain rights of such
citizenship; to repeal subdivision 1 of section 502 of the vehicle and
traffic law relating to applications for drivers' licenses; to repeal
section 131-k of the social services law relating to illegal aliens;
and to repeal subdivision 3 of section 661 of the education law relat-
ing to residency for eligibility for student financial aid
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York is home act".
3 § 2. Legislative findings. The legislature hereby finds that New York
4 is home to over 19.5 million individuals, including workers, consumers,
5 students, neighbors and taxpayers. The wellbeing of this state is inex-
6 tricably linked to the wellbeing of all these New Yorkers. These New
7 Yorkers share a common destiny and common dreams: a thriving New York
8 state replete with healthy families, healthy communities and striving
9 businesses. New York is home to these individuals, regardless of their
10 federal immigration status.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06626-01-9
S. 1021 2
1 This act addresses the compelling need to lift up all state residents,
2 upon whom this state's society, vibrancy, health and economic growth
3 depend. Our state recognizes the value of those who contribute to and
4 make our state home.
5 It also makes economic sense to enable all New Yorkers, who are pres-
6 ent in and a part of the fabric of our state, to contribute fully to our
7 state revenue, to participate in our state conversations, and to access
8 benefits that are the foundation of a healthy, thriving New York state.
9 Although the futures of many New Yorkers are undeniably circumscribed by
10 current federal immigration law, many of those New Yorkers also enjoy an
11 inchoate federal permission to be here, and this state enables them to
12 make our state their home, as well. Many of these New Yorkers pay taxes,
13 with approximately $744 million paid in state and local taxes each year.
14 However, current state law prevents them from accessing equal higher
15 education opportunities, health care benefits, drivers licenses and
16 professional licenses. Denying New Yorkers these benefits means denying
17 the state its full potential to succeed.
18 The state of New York respects the exclusive province of the federal
19 government to regulate immigration and the flow of immigrants into and
20 out of our country. However, this state retains and asserts its historic
21 authority to define its citizenry, and to affirmatively provide state
22 and local public benefits to citizens of the state of New York. The
23 state seeks to provide such benefits to all of its citizens, irrespec-
24 tive of that individual's eligibility for the same under federal law or
25 pursuant to federal funding. There is nothing in this act that should be
26 deemed to conflict with federal law.
27 § 3. The executive law is amended by adding a new article 14-A to read
28 as follows:
29 ARTICLE 14-A
30 NEW YORK STATE CITIZENSHIP
31 Section 275. Definitions.
32 275-a. State citizenship; administration.
33 275-b. Eligibility criteria.
34 275-c. Acceptability; benefits.
35 275-d. State agency review.
36 275-e. Severability.
37 275-f. Local laws.
38 § 275. Definitions. As used in this article:
39 1. "New York state citizen" or "citizen" shall mean any individual who
40 satisfies the requirements of subdivision one of section two hundred
41 seventy-five-c of this article.
42 2. "New York state identification card" shall mean the physical iden-
43 tification card that a citizen is eligible to receive, and which
44 includes that citizen's New York state identification number and such
45 card's date of issuance.
46 3. "New York state identification number" shall mean the unique iden-
47 tification number that a citizen is assigned by the office and which
48 appears on such citizen's New York state identification card.
49 4. "Office" shall mean the office for new Americans established by
50 section ninety-four-b of this chapter.
51 § 275-a. State citizenship; administration. 1. The provisions of this
52 article shall be administered by the office. The office shall:
53 (a) recognize the New York state citizenship of any individual
54 described in subdivision one of section two hundred seventy-five-b of
55 this article, and grant and renew New York state citizenship to any
S. 1021 3
1 individual who meets the criteria set forth in subdivision two of
2 section two hundred seventy-five-b of this article;
3 (b) grant a New York state identification card and New York state
4 identification number to any citizen;
5 (c) grant a renewed New York state identification card and New York
6 state identification number to any citizen described in subdivision one
7 of section two hundred seventy-five-b of this article, and to any citi-
8 zen described in subdivision two of section two hundred seventy-five-b
9 of this article, who demonstrates that they continue to satisfy the
10 criteria set forth therein;
11 (d) promulgate rules and regulations to effect the purposes of this
12 article; and
13 (e) establish, publicize and administer procedures to grant New York
14 state citizenship, New York state identification cards and New York
15 state identification numbers.
16 2. New York state citizenship shall be a continuing status that shall
17 end when an individual is no longer a resident of the state. The New
18 York state identification card and New York state identification number
19 shall be valid for a period of five years after the date of issuance.
20 § 275-b. Eligibility criteria. Any individual, regardless of his or
21 her immigration status, who meets either of the following requirements
22 shall be deemed to be a citizen:
23 1. is a resident of the state who is a citizen of the United States;
24 or
25 2. is adjudged by the office to satisfy all of the following criteria:
26 (a) has proof of identity;
27 (b) has been a resident of the state for not less than three years;
28 (c) has paid state resident personal income taxes, pursuant to article
29 twenty-two of the tax law, for a period of not less than three taxable
30 years; provided however, that such requirement shall not apply to indi-
31 viduals who are students, primary caregivers, unable to work due to
32 disability, unemployed or otherwise not required pursuant to such arti-
33 cle of the tax law to report his or her income;
34 (d) has pledged to abide by the laws of the state and to uphold the
35 provisions of the state constitution; and
36 (e) has attested to his or her willingness to serve on jury duty,
37 pursuant to article sixteen of the judiciary law, and to continue to pay
38 any taxes required to be paid by him or her pursuant to any provision of
39 state or local law.
40 3. (a) The state shall not retain originals or copies of records
41 provided by an applicant to prove identity or residency or other eligi-
42 bility requirements of state citizenship.
43 (b) To the maximum extent allowed by applicable federal and state law,
44 information collected about applicants for state citizenship shall be
45 treated as confidential and shall not be disclosed to government enti-
46 ties or private parties unless such disclosure is:
47 (i) authorized in writing by the individual to whom such information
48 pertains, or if such individual is a minor or is otherwise not legally
49 competent, by such individual's parent or legal guardian; or
50 (ii) so ordered by a court of competent jurisdiction.
51 § 275-c. Acceptability; benefits. 1. Except as otherwise provided by
52 federal law, a New York state identification card shall be accepted and
53 be deemed to be valid government identification where a state drivers'
54 license would be accepted, and the New York state identification number
55 shall be accepted for use in substitution for a social security number.
S. 1021 4
1 2. Any person in possession of a valid New York state identification
2 card shall not be disqualified from eligibility for any of the following
3 state benefits by virtue of his or her lack of documentation of federal
4 immigration status:
5 (a) any license, permit, certificate or grant of permission, as
6 defined in paragraph c of subdivision one of section 3-503 of the gener-
7 al obligations law and required by the laws of this state, its political
8 subdivisions or instrumentalities as a condition for the lawful practice
9 of any occupation, employment, trade, vocation, business or profession,
10 and issued by the state or any political subdivision thereof;
11 (b) the ability to register for and vote at state and local elections,
12 as provided in section 5-100 of the election law;
13 (c) public health benefits;
14 (d) a drivers' license, pursuant to section five hundred two of the
15 vehicle and traffic law; and
16 (e) benefits governed by articles thirteen and fourteen of the educa-
17 tion law, such as general awards, academic performance awards and
18 student loans for higher education; assistance under the higher educa-
19 tion opportunity programs and the collegiate science and technology
20 entry program; financial aid opportunities for students of the state
21 university of New York, the city university of New York and community
22 colleges; and the New York state college choice tuition savings program.
23 3. Nothing in this section shall be deemed to deprive any individual
24 of any benefit received by him or her pursuant to law prior to the
25 effective date of this article.
26 § 275-d. State agency review. All state agencies shall review their
27 rules and regulations to make sure they are consistent with this arti-
28 cle, and make such necessary changes within one hundred eighty days of
29 the effective date of this article.
30 § 275-e. Severability. If any clause, sentence, paragraph, section or
31 part of this article shall be adjudged by any court of competent juris-
32 diction to be invalid, such judgment shall not affect, impair or invali-
33 date the remainder thereof, but shall be confined in its operation to
34 the clause, sentence, paragraph, section, or part thereof directly
35 involved in the controversy in which such judgment shall have been
36 rendered.
37 § 275-f. Local laws. This article shall not prevent the establish-
38 ment, continuing in effect or enforcement of any law or regulation of
39 any political subdivision of the state that protects the rights or
40 fosters the integration of New York state citizens in a manner not
41 inconsistent with the provisions of this article.
42 § 4. Subdivision 1 of section 5-102 of the election law is amended to
43 read as follows:
44 1. No person shall be qualified to register for and vote at any
45 election unless he or she is a citizen of the United States or he or she
46 possesses a New York state identification card, and is or will be, on
47 the day of such election, eighteen years of age or over, and a resident
48 of this state and of the county, city or village for a minimum of thirty
49 days next preceding such election.
50 § 5. Subdivision 1 of section 3 of the public officers law, as amended
51 by chapter 251 of the laws of 2014, is amended to read as follows:
52 1. No person shall be capable of holding a civil office who shall not,
53 at the time he or she shall be chosen thereto, have attained the age of
54 eighteen years, except that in the case of youth boards, youth commis-
55 sions, recreation commissions, or community boards in the city of New
56 York only, members of such boards or commissions may be under the age of
S. 1021 5
1 eighteen years, but must have attained the age of sixteen years on or
2 before appointment to such youth board, youth commission, recreation
3 commission, or community board in the city of New York, be a citizen of
4 the United States or a New York state citizen, a resident of the state,
5 and if it be a local office, a resident of the political subdivision or
6 municipal corporation of the state for which he or she shall be chosen,
7 or within which the electors electing him or her reside, or within which
8 his or her official functions are required to be exercised, or who shall
9 have been or shall be convicted of a violation of the selective draft
10 act of the United States, enacted May eighteenth, nineteen hundred
11 seventeen, or the acts amendatory or supplemental thereto, or of the
12 federal selective training and service act of nineteen hundred forty or
13 the acts amendatory thereof or supplemental thereto.
14 § 6. Subparagraphs vi and vii of paragraph (b) of subdivision 2 of
15 section 89 of the public officers law, as amended by section 11 of part
16 U of chapter 61 of the laws of 2011, are amended and two new subpara-
17 graphs viii and ix are added to read as follows:
18 vi. information of a personal nature contained in a workers' compen-
19 sation record, except as provided by section one hundred ten-a of the
20 workers' compensation law; [or]
21 vii. disclosure of electronic contact information, such as an e-mail
22 address or a social network username, that has been collected from a
23 taxpayer under section one hundred four of the real property tax law[.];
24 viii. disclosure of information used to obtain New York state citizen-
25 ship on a New York state identification card including but not limited
26 to names, addresses and identifying information of recipients or appli-
27 cants of such citizenship or cards, and any information that could
28 reasonably be expected to lead to such disclosure; or
29 ix. disclosure of information when disclosure would result in iden-
30 tification of people who are New York state citizens.
31 § 7. Subdivision 2 of section 5 of the tax law, as amended by chapter
32 170 of the laws of 1994, is amended to read as follows:
33 2. Requiring information. Notwithstanding any other provision of law,
34 every covered agency shall, as part of the procedure for granting,
35 renewing, amending, supplementing or restating the license of any person
36 or at the time the covered agency contracts to purchase or purchases
37 goods or services or leases real or personal property from any person,
38 require that each such person provide to the covered agency such
39 person's federal social security account number [or], federal employer
40 identification number or New York state identification number, or [both]
41 all such numbers when such person has [both] more than one such
42 [numbers] number, or, where such person does not have such number or
43 numbers, the reason or reasons why such person does not have such number
44 or numbers. Such numbers or reasons shall be obtained by such covered
45 agency as part of the administration of the taxes administered by the
46 commissioner for the purpose of establishing the identification of
47 persons affected by such taxes.
48 § 8. Subparagraph 3 of paragraph (a) of subdivision 3 of section 5 of
49 the tax law, as amended by chapter 170 of the laws of 1994, is amended
50 to read as follows:
51 (3) federal social security account number [or], federal employer
52 identification number or New York state identification number, or [both]
53 all such numbers where such person has [both] more than one such
54 [numbers] number, or the reason or reasons, furnished by such person,
55 why such person does not have such number or numbers.
S. 1021 6
1 § 9. The opening paragraph of subdivision 2 of section 3-503 of the
2 general obligations law, as amended by chapter 398 of the laws of 1997,
3 is amended to read as follows:
4 Every applicant for a license or renewal thereof shall provide his or
5 her social security number or, if he or she does not have a social secu-
6 rity number, his or her New York state identification number on the
7 application. Additionally, every applicant for a license or renewal
8 thereof shall certify in the application in a written statement under
9 oath, duly sworn and subscribed, that as of the date the application is
10 filed he or she is (or is not) under obligation to pay child support and
11 that if he or she is under such an obligation, that he or she does (or
12 does not) meet one of the following requirements:
13 § 10. Paragraph (f) of subdivision 6 of section 6506 of the education
14 law, as amended by chapter 133 of the laws of 1982, is amended to read
15 as follows:
16 (f) Citizenship or immigration status: be a United States citizen
17 [or], an alien lawfully admitted for permanent residence in the United
18 States or a New York state citizen;
19 § 11. Subdivision 6 of section 6524 of the education law, as amended
20 by chapter 379 of the laws of 2008, is amended to read as follows:
21 (6) Citizenship or immigration status: be a United States citizen
22 [or], an alien lawfully admitted for permanent residence in the United
23 States[; provided, however that the board of regents may grant a three
24 year waiver for an alien physician to practice in an area which has been
25 designated by the department as medically underserved, except that the
26 board of regents may grant an additional extension not to exceed six
27 years to an alien physician to enable him or her to secure citizenship
28 or permanent resident status, provided such status is being actively
29 pursued; and provided further that the board of regents may grant an
30 additional three year waiver, and at its expiration, an extension for a
31 period not to exceed six additional years, for the holder of an H-1b
32 visa, an O-1 visa, or an equivalent or successor visa thereto] or a New
33 York state citizen;
34 § 12. Subdivision 6 of section 6554 of the education law, as amended
35 by chapter 133 of the laws of 1982, is amended to read as follows:
36 (6) Citizenship or immigration status: be a United States citizen
37 [or], an alien lawfully admitted for permanent residence in the United
38 States or a New York state citizen;
39 § 13. Subdivision 6 of section 6604 of the education law, as amended
40 by chapter 403 of the laws of 2002, is amended to read as follows:
41 (6) Citizenship or immigration status: be a United States citizen
42 [or], an alien lawfully admitted for permanent residence in the United
43 States[; provided, however, that the board of regents may grant a three
44 year waiver for an alien to practice in an area which has been desig-
45 nated a federal dental health professions shortage area, except that the
46 board of regents may grant an additional extension not to exceed six
47 years to an alien to enable him or her to secure citizenship or perma-
48 nent resident status, provided such status is being actively pursued] or
49 a New York state citizen;
50 § 14. Subdivision 7 of section 6604-b of the education law, as added
51 by chapter 537 of the laws of 2008, is amended to read as follows:
52 7. In order to be eligible for a restricted dental faculty license an
53 applicant must be a United States citizen [or], an alien lawfully admit-
54 ted for permanent residence in the United States[; provided, however,
55 that the department may grant a three year waiver for an alien who
56 otherwise meets all other requirements for a restricted dental faculty
S. 1021 7
1 license except that the department may grant an additional extension not
2 to exceed six years to an alien to enable him or her to secure citizen-
3 ship or permanent resident status, provided such status is being active-
4 ly pursued. No current faculty member shall be displaced by the holder
5 of a restricted dental faculty license] or a New York state citizen.
6 § 15. Subdivision 6 of section 6609 of the education law, as amended
7 by chapter 403 of the laws of 2002, is amended to read as follows:
8 (6) Citizenship or immigration status: be a United States citizen
9 [or], an alien lawfully admitted for permanent residence in the United
10 States[; provided, however, that the board of regents may grant a three
11 year waiver for an alien to practice in an area which has been desig-
12 nated a federal dental health professions shortage area, except that the
13 board of regents may grant an additional extension not to exceed six
14 years to an alien to enable him or her to secure citizenship or perma-
15 nent resident status, provided such status is being actively pursued] or
16 a New York state citizen;
17 § 16. Subdivision 6 of section 6704 of the education law, as amended
18 by chapter 201 of the laws of 2007, is amended to read as follows:
19 (6) Citizenship or immigration status: be a United States citizen
20 [or], an alien lawfully admitted for permanent residence in the United
21 States[; provided, however that the board of regents may grant a one-
22 time three-year waiver for a veterinarian who otherwise meets the
23 requirements of this article and who has accepted an offer to practice
24 veterinary medicine in a county in the state which the department has
25 certified as having a shortage of qualified applicants to fill existing
26 vacancies in veterinary medicine, and provided further that the board of
27 regents may grant an extension of such three-year waiver of not more
28 than one year] or a New York state citizen;
29 § 17. Subdivision 6 of section 6711 of the education law, as amended
30 by chapter 80 of the laws of 2000, is amended to read as follows:
31 6. Citizenship or immigration status: be a United States citizen [or],
32 an alien lawfully admitted for permanent residence in the United
33 States[; provided, however that the board of regents may grant a one-
34 time three-year waiver for an animal health technician who otherwise
35 meets the requirements of this article and provided further that the
36 board of regents may grant an extension of such three-year waiver of not
37 more than one year] or a New York state citizen;
38 § 18. Subdivision 1 of section 6711-a of the education law, as amended
39 by chapter 333 of the laws of 1990, is amended to read as follows:
40 1. Eligibility. Persons shall be eligible for a limited permit who
41 fulfill all requirements for a license as a veterinary technician except
42 those relating to the examination [and citizenship or permanent resi-
43 dence in the United States].
44 § 19. Paragraph 6 of subdivision 1 of section 6805 of the education
45 law, as amended by chapter 133 of the laws of 1982, is amended to read
46 as follows:
47 (6) Citizenship or immigration status: be a United States citizen
48 [or], an alien lawfully admitted for permanent residence in the United
49 States or a New York state citizen;
50 § 20. Subdivision 6 of section 6955 of the education law, as added by
51 chapter 327 of the laws of 1992, is amended to read as follows:
52 6. Citizenship or immigration status: be a United States citizen [or],
53 an alien lawfully admitted for permanent residence in the United States
54 or a New York state citizen.
S. 1021 8
1 § 21. Paragraph 6 of subdivision 1 of section 7206 of the education
2 law, as amended by chapter 133 of the laws of 1982, is amended to read
3 as follows:
4 (6) Citizenship or immigration status: be a United States citizen
5 [or], an alien lawfully admitted for permanent residence in the United
6 States or a New York state citizen;
7 § 22. Paragraph 6 of subdivision 1 of section 7206-a of the education
8 law, as amended by chapter 133 of the laws of 1982, is amended to read
9 as follows:
10 (6) Citizenship or immigration status: be a United States citizen
11 [or], an alien lawfully admitted for permanent residence in the United
12 States or a New York state citizen;
13 § 23. Paragraph 6 of subdivision 1 of section 7324 of the education
14 law, as amended by chapter 133 of the laws of 1982, is amended to read
15 as follows:
16 (6) Citizenship or immigration status: be a United States citizen
17 [or], an alien lawfully admitted for permanent residence in the United
18 States or a New York state citizen;
19 § 24. Paragraph 6 of subdivision 1 of section 7504 of the education
20 law, as amended by chapter 133 of the laws of 1982, is amended to read
21 as follows:
22 (6) Citizenship or immigration status: be a United States citizen [or]
23 , an alien lawfully admitted for permanent residence in the United
24 States or a New York state citizen;
25 § 25. Subdivision 5 of section 7804 of the education law, as amended
26 by chapter 230 of the laws of 1997, is amended to read as follows:
27 (5) Citizenship or immigration status: be a United States citizen
28 [or], an alien lawfully admitted for permanent residence in the United
29 States or a New York state citizen;
30 § 26. Subdivisions 3 and 4 of section 126 of the alcoholic beverage
31 control law, subdivision 3 as added by chapter 133 of the laws of 1982
32 and subdivision 4 as amended by section 50 of subpart B of part C of
33 chapter 62 of the laws of 2011, are amended to read as follows:
34 3. A person who is not a citizen of the United States [or], an alien
35 lawfully admitted for permanent residence in the United States or a New
36 York state citizen.
37 4. A copartnership or a corporation, unless each member of the part-
38 nership, or each of the principal officers and directors of the corpo-
39 ration, is a citizen of the United States [or], an alien lawfully admit-
40 ted for permanent residence in the United States or a New York state
41 citizen, not less than twenty-one years of age, and has not been
42 convicted of any felony or any of the misdemeanors, specified in section
43 eleven hundred forty-six of the former penal law as in force and effect
44 immediately prior to September first, nineteen hundred sixty-seven, or
45 of an offense defined in section 230.20 or 230.40 of the penal law, or
46 if so convicted has received, subsequent to such conviction, an execu-
47 tive pardon therefor removing this disability a certificate of good
48 conduct granted by the department of corrections and community super-
49 vision, or a certificate of relief from disabilities granted by the
50 department of corrections and community supervision or a court of this
51 state pursuant to the provisions of article twenty-three of the
52 correction law to remove the disability under this section because of
53 such conviction; provided however that a corporation which otherwise
54 conforms to the requirements of this section and chapter may be licensed
55 if each of its principal officers and more than one-half of its direc-
56 tors are citizens of the United States [or], aliens lawfully admitted
S. 1021 9
1 for permanent residence in the United States or New York state citizens;
2 and provided further that a corporation organized under the not-for-pro-
3 fit corporation law or the education law which otherwise conforms to the
4 requirements of this section and chapter may be licensed if each of its
5 principal officers and more than one-half of its directors are not less
6 than twenty-one years of age and none of its directors are less than
7 eighteen years of age; and provided further that a corporation organized
8 under the not-for-profit corporation law or the education law and
9 located on the premises of a college as defined by section two of the
10 education law which otherwise conforms to the requirements of this
11 section and chapter may be licensed if each of its principal officers
12 and each of its directors are not less than eighteen years of age.
13 § 27. Section 10 of the general city law, as amended by chapter 133 of
14 the laws of 1982, is amended to read as follows:
15 § 10. Licenses to adult blind persons. The mayor of any city shall
16 have the power to issue a license to any adult blind person for the
17 vending of goods, or newspapers in such places as he or she may set
18 aside for this purpose. The license shall be issued for a term of one
19 year and no charge shall be made for the license. A license shall not be
20 issued to a blind person unless he or she is a resident for three years
21 in the city in which application for such license is made, and is a
22 citizen of the United States [or], an alien lawfully admitted for perma-
23 nent residence in the United States or a New York state citizen.
24 This license shall be revocable only for cause.
25 § 28. Paragraphs (a) and (c) of subdivision 2 of article X of section
26 1 of part I of chapter 882 of the laws of 1953, establishing a compact
27 with the state of New Jersey for the elimination of criminal and corrupt
28 practices in the handling of waterborne freight within the port of New
29 York district, are amended to read as follows:
30 (a) The full name, residence, business address (if any), place and
31 date of birth, and the social security number or the New York state
32 identification number of the applicant;
33 (c) The citizenship of the applicant and, if he or she is a natural-
34 ized citizen of the United States, the court and date of his or her
35 naturalization, or if he or she is a New York state citizen, the date of
36 issuance of his or her New York state identification card; and
37 § 29. Paragraph (a) of subdivision 2 of section 3421 of the public
38 health law, as amended by chapter 534 of the laws of 1983, is amended to
39 read as follows:
40 (a) is a citizen of the United States [or], an alien lawfully admitted
41 for permanent residence in the United States or a New York state
42 citizen;
43 § 30. Section 41 of the general business law, as amended by chapter
44 321 of the laws of 1983, is amended to read as follows:
45 § 41. Licenses, how obtained; penalty for carrying on business without
46 license. The mayor or such local licensing authority may from time to
47 time grant, under his or her hand and the official seal of his or her
48 office, to such citizens of the United States, [or] aliens lawfully
49 admitted for permanent residence in the United States or New York state
50 citizens, as he or she shall deem proper and who shall produce to him or
51 her satisfactory evidence of their good character, a license authorizing
52 such person to carry on the business of a collateral loan broker, which
53 license shall designate the house in which such person shall carry on
54 said business, and no person, corporation, partnership or firm shall
55 carry on the business of a collateral loan broker without being duly
56 licensed, nor in any other house than the one designated in said
S. 1021 10
1 license, under a penalty of one hundred dollars for each day he, she or
2 they shall exercise or carry on said business without such license or at
3 any other house than the one so designated. Any person receiving such
4 license shall pay therefor the sum of five hundred dollars for the use
5 of the city yearly where such business is to be conducted in a city with
6 a population of more than one million persons, and where the business is
7 to be conducted elsewhere the fee for such license shall not exceed two
8 hundred fifty dollars yearly, and every such license shall expire one
9 year from the date thereof, and may be renewed on application to the
10 mayor or local licensing authority each and every year on payment of the
11 same sum and upon performance of the other conditions herein contained.
12 Every person so licensed shall, at the time of receiving such license,
13 file with the mayor or such local licensing authority granting the same
14 a bond to the local authorities, to be executed by the person so
15 licensed and by two responsible sureties, in the penal sum of ten thou-
16 sand dollars, to be approved by such mayor or local licensing authority,
17 which bond shall be conditioned for the faithful performance of the
18 duties and obligations pertaining to the business so licensed, and the
19 mayor or such local licensing authority shall have full power and
20 authority to revoke such license for cause.
21 § 31. Subdivision 1 of section 72 of the general business law, as
22 amended by chapter 164 of the laws of 2003, is amended to read as
23 follows:
24 1. If the applicant is a person, the application shall be subscribed
25 by such person, and if the applicant is a firm or partnership the appli-
26 cation shall be subscribed by each individual composing or intending to
27 compose such firm or partnership. The application shall state the full
28 name, age, residences within the past three years, present and previous
29 occupations of each person or individual so signing the same, that each
30 person or individual is a citizen of the United States [or], an alien
31 lawfully admitted for permanent residence in the United States or a New
32 York state citizen and shall also specify the name of the city, town or
33 village, stating the street and number, if the premises have a street
34 and number, and otherwise such apt description as will reasonably indi-
35 cate the location thereof, where is to be located the principal place of
36 business and the bureau, agency, sub-agency, office or branch office for
37 which the license is desired, and such further facts as may be required
38 by the department of state to show the good character, competency and
39 integrity of each person or individual so signing such application. Each
40 person or individual signing such application shall, together with such
41 application, submit to the department of state, his or her photograph,
42 taken within six months prior thereto in duplicate, in passport size and
43 also two sets of fingerprints of his or her two hands recorded in such
44 manner as may be specified by the secretary of state or the secretary of
45 state's authorized representative. Before approving such application it
46 shall be the duty of the secretary of state or the secretary of state's
47 authorized representative to forward one copy of such fingerprints to
48 the division of criminal justice services. Upon receipt of such finger-
49 prints, such division shall forward to the secretary of state a report
50 with respect to the applicant's previous criminal history, if any, or a
51 statement that the applicant has no previous criminal history according
52 to its files. If additional copies of fingerprints are required the
53 applicant shall furnish them upon request. Such fingerprints may be
54 submitted to the federal bureau of investigation for a national criminal
55 history record check. The secretary shall reveal the name of the appli-
56 cant to the chief of police and the district attorney of the applicant's
S. 1021 11
1 residence and of the proposed place of business and shall request of
2 them a report concerning the applicant's character in the event they
3 shall have information concerning it. The secretary shall take such
4 other steps as may be necessary to investigate the honesty, good charac-
5 ter and integrity of each applicant. Every such applicant for a license
6 as private investigator shall establish to the satisfaction of the
7 secretary of state (a) if the applicant be a person, or, (b) in the case
8 of a firm, limited liability company, partnership or corporation, at
9 least one member of such firm, partnership, limited liability company or
10 corporation, has been regularly employed, for a period of not less than
11 three years, undertaking such investigations as those described as
12 performed by a private investigator in subdivision one of section seven-
13 ty-one of this article, as a sheriff, police officer in a city or county
14 police department, or the division of state police, investigator in an
15 agency of the state, county, or United States government, or employee of
16 a licensed private investigator, or has had an equivalent position and
17 experience or that such person or member was an employee of a police
18 department who rendered service therein as a police officer for not less
19 than twenty years or was an employee of a fire department who rendered
20 service therein as a fire marshal for not less than twenty years. Howev-
21 er, employment as a watchman, guard or private patrolman shall not be
22 considered employment as a "private investigator" for purposes of this
23 section. Every such applicant for a license as watch, guard or patrol
24 agency shall establish to the satisfaction of the secretary of state (a)
25 if the applicant be a person, or, (b) in the case of a firm, limited
26 liability company, partnership or corporation, at least one member of
27 such firm, partnership, limited liability company or corporation, has
28 been regularly employed, for a period of not less than two years,
29 performing such duties or providing such services as described as those
30 performed or furnished by a watch, guard or patrol agency in subdivision
31 two of section seventy-one of this article, as a sheriff, police officer
32 in a city or county police department, or employee of an agency of the
33 state, county or United States government, or licensed private investi-
34 gator or watch, guard or patrol agency, or has had an equivalent posi-
35 tion and experience; qualifying experience shall have been completed
36 within such period of time and at such time prior to the filing of the
37 application as shall be satisfactory to the secretary of state. The
38 person or member meeting the experience requirement under this subdivi-
39 sion and the person responsible for the operation and management of each
40 bureau, agency, sub-agency, office or branch office of the applicant
41 shall provide sufficient proof of having taken and passed a written
42 examination prescribed by the secretary of state to test their under-
43 standing of their rights, duties and powers as a private investigator
44 and/or watchman, guard or private patrolman, depending upon the work to
45 be performed under the license. In the case of an application subscribed
46 by a resident of the state of New York such application shall be
47 approved, as to each resident person or individual so signing the same,
48 but not less than five reputable citizens of the community in which such
49 applicant resides or transacts business, or in which it is proposed to
50 own, conduct, manage or maintain the bureau, agency, sub-agency, office
51 or branch office for which the license is desired, each of whom shall
52 subscribe and affirm as true, under the penalties of perjury, that he or
53 she has personally known the said person or individual for a period of
54 at least five years prior to the filing of such application, that he or
55 she has read such application and believes each of the statements made
56 therein to be true, that such person is honest, of good character and
S. 1021 12
1 competent, and not related or connected to the person so certifying by
2 blood or marriage. In the case of an application subscribed by a non-re-
3 sident of the state of New York such application shall be approved, as
4 to each non-resident person or individual so signing the same by not
5 less than five reputable citizens of the community in which such appli-
6 cant resides. The certificate of approval shall be signed by such
7 reputable citizens and duly verified and acknowledged by them before an
8 officer authorized to take oaths and acknowledgment of deeds. All
9 provisions of this section, applying to corporations, shall also apply
10 to joint-stock associations, except that each such joint-stock associ-
11 ation shall file a duly certified copy of its certificate of organiza-
12 tion in the place of the certified copy of its certificate of incorpo-
13 ration herein required.
14 § 32. Subdivision 4 of section 89-h of the general business law, as
15 added by chapter 336 of the laws of 1992, is amended to read as follows:
16 4. Citizenship: be a United States citizen [or], a resident alien of
17 the United States or a New York state citizen;
18 § 33. The first undesignated paragraph of section 440-a of the real
19 property law, as amended by section 23 of part LL of chapter 56 of the
20 laws of 2010, is amended to read as follows:
21 No person, co-partnership, limited liability company or corporation
22 shall engage in or follow the business or occupation of, or hold
23 himself, herself or itself out or act temporarily or otherwise as a real
24 estate broker or real estate salesman in this state without first
25 procuring a license therefor as provided in this article. No person
26 shall be entitled to a license as a real estate broker under this arti-
27 cle, either as an individual or as a member of a co-partnership, or as a
28 member or manager of a limited liability company or as an officer of a
29 corporation, unless he or she is twenty years of age or over, a citizen
30 of the United States [or], an alien lawfully admitted for permanent
31 residence in the United States or a New York state citizen. No person
32 shall be entitled to a license as a real estate salesman under this
33 article unless he or she is over the age of eighteen years. No person
34 shall be entitled to a license as a real estate broker or real estate
35 salesman under this article who has been convicted in this state or
36 elsewhere of a felony, of a sex offense, as defined in subdivision two
37 of section one hundred sixty-eight-a of the correction law or any
38 offense committed outside of this state which would constitute a sex
39 offense, or a sexually violent offense, as defined in subdivision three
40 of section one hundred sixty-eight-a of the correction law or any
41 offense committed outside this state which would constitute a sexually
42 violent offense, and who has not subsequent to such conviction received
43 executive pardon therefor or a certificate of relief from disabilities
44 or a certificate of good conduct pursuant to article twenty-three of the
45 correction law, to remove the disability under this section because of
46 such conviction. No person shall be entitled to a license as a real
47 estate broker or real estate salesman under this article who does not
48 meet the requirements of section 3-503 of the general obligations law.
49 § 34. Section 460 of the judiciary law, as amended by chapter 226 of
50 the laws of 1985, is amended to read as follows:
51 § 460. Examination and admission of attorneys. An applicant for admis-
52 sion to practice as an attorney or counsellor in this state, must be
53 examined and licensed to practice as prescribed in this chapter and in
54 the rules of the court of appeals. Race, creed, color, national origin,
55 alienage [or], sex, status as a New York state citizen or federal immi-
S. 1021 13
1 gration card shall constitute no cause for refusing any person examina-
2 tion or admission to practice.
3 § 35. Subdivision 1 of section 502 of the vehicle and traffic law is
4 REPEALED and a new subdivision 1 is added to read as follows:
5 1. Application for license. (a) Application for a driver's license
6 shall be made to the commissioner. The fee prescribed by law may be
7 submitted with such application. The applicant shall furnish such proof
8 of identity, age, and fitness as may be required by the commissioner.
9 The commissioner may also provide that the application procedure shall
10 include the taking of a photo image or images of the applicant in
11 accordance with rules and regulations prescribed by the commissioner. In
12 addition, the commissioner also shall require that the applicant provide
13 his or her social security number or a New York state identification
14 number and shall provide space on the application so that the applicant
15 may register in the New York state organ and tissue donor registry under
16 section forty-three hundred ten of the public health law with the
17 following stated on the application in clear and conspicuous type:
18 "You must fill out the following section: Would you like to be added
19 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
20 tion'."
21 The commissioner of health shall not maintain records of any person
22 who checks "skip this question". Except where the application is made in
23 person or electronically, failure to check a box shall not impair the
24 validity of an application, and failure to check "yes" or checking "skip
25 this question" shall not be construed to imply a wish not to donate. In
26 the case of an applicant under eighteen years of age, checking "yes"
27 shall not constitute consent to make an anatomical gift or registration
28 in the donate life registry. Where an applicant has previously consented
29 to make an anatomical gift or registered in the donate life registry,
30 checking "skip this question" or failing to check a box shall not impair
31 that consent or registration. In addition, an applicant for a commercial
32 driver's license who will operate a commercial motor vehicle in inter-
33 state commerce shall certify that such applicant meets the requirements
34 to operate a commercial motor vehicle, as set forth in public law
35 99-570, title XII, and title 49 of the code of federal regulations, and
36 all regulations promulgated by the United States secretary of transpor-
37 tation under the hazardous materials transportation act. In addition, an
38 applicant for a commercial driver's license shall submit a medical
39 certificate at such intervals as required by the federal motor carrier
40 safety improvement act of 1999 and Part 383.71(h) of title 49 of the
41 code of federal regulations relating to medical certification and in a
42 manner prescribed by the commissioner. For purposes of this section and
43 sections five hundred three, five hundred ten-a, and five hundred ten-aa
44 of this title, the terms "medical certificate" and "medical certif-
45 ication" shall mean a form substantially in compliance with the form set
46 forth in Part 391.43(h) of title 49 of the code of federal regulations.
47 Upon a determination that the holder of a commercial driver's license
48 has made any false statement, with respect to the application for such
49 license, the commissioner shall revoke such license.
50 (b) The commissioner shall promulgate rules and regulations clarifying
51 that eligibility for a driver's license shall not require an applicant
52 to provide a social security number as proof of identity. The commis-
53 sioner shall provide for the acceptance of alternative proofs of identi-
54 ty, including New York state identification cards, foreign identifica-
55 tion cards, foreign birth certificates and foreign passports.
S. 1021 14
1 § 36. Subdivision 1 of section 502 of the vehicle and traffic law, as
2 added by section thirty-five of this act, is amended to read as follows:
3 1. Application for license. (a) Application for a driver's license
4 shall be made to the commissioner. The fee prescribed by law may be
5 submitted with such application. The applicant shall furnish such proof
6 of identity, age, and fitness as may be required by the commissioner.
7 The commissioner may also provide that the application procedure shall
8 include the taking of a photo image or images of the applicant in
9 accordance with rules and regulations prescribed by the commissioner. In
10 addition, the commissioner also shall require that the applicant provide
11 his or her social security number or a New York state identification
12 number and [shall] provide space on the application so that the appli-
13 cant may register in the New York state organ and tissue donor registry
14 under section forty-three hundred ten of the public health law [with the
15 following stated on the application in clear and conspicuous type:
16 "You must fill out the following section: Would you like to be added
17 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
18 tion'."
19 The commissioner of health shall not maintain records of any person
20 who checks "skip this question". Except where the application is made in
21 person or electronically, failure to check a box shall not impair the
22 validity of an application, and failure to check "yes" or checking "skip
23 this question" shall not be construed to imply a wish not to donate. In
24 the case of an applicant under eighteen years of age, checking "yes"
25 shall not constitute consent to make an anatomical gift or registration
26 in the donate life registry. Where an applicant has previously consented
27 to make an anatomical gift or registered in the donate life registry,
28 checking "skip this question" or failing to check a box shall not impair
29 that consent or registration]. In addition, an applicant for a commer-
30 cial driver's license who will operate a commercial motor vehicle in
31 interstate commerce shall certify that such applicant meets the require-
32 ments to operate a commercial motor vehicle, as set forth in public law
33 99-570, title XII, and title 49 of the code of federal regulations, and
34 all regulations promulgated by the United States secretary of transpor-
35 tation under the hazardous materials transportation act. In addition, an
36 applicant for a commercial driver's license shall submit a medical
37 certificate at such intervals as required by the federal motor carrier
38 safety improvement act of 1999 and Part 383.71(h) of title 49 of the
39 code of federal regulations relating to medical certification and in a
40 manner prescribed by the commissioner. For purposes of this section and
41 sections five hundred three, five hundred ten-a, and five hundred ten-aa
42 of this title, the terms "medical certificate" and "medical certif-
43 ication" shall mean a form substantially in compliance with the form set
44 forth in Part 391.43(h) of title 49 of the code of federal regulations.
45 Upon a determination that the holder of a commercial driver's license
46 has made any false statement, with respect to the application for such
47 license, the commissioner shall revoke such license.
48 (b) The commissioner shall promulgate rules and regulations clarifying
49 that eligibility for a driver's license shall not require an applicant
50 to provide a social security number as proof of identity. The commis-
51 sioner shall provide for the acceptance of alternative proofs of identi-
52 ty, including New York state identification cards, foreign identifica-
53 tion cards, foreign birth certificates and foreign passports.
54 § 37. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
55 of the executive law, as amended by chapter 365 of the laws of 2015, are
56 amended to read as follows:
S. 1021 15
1 (a) For an employer or licensing agency, because of an individual's
2 age, race, creed, color, national origin, sexual orientation, military
3 status, sex, disability, predisposing genetic characteristics, familial
4 status, marital status, status as a New York state citizen, or domestic
5 violence victim status, to refuse to hire or employ or to bar or to
6 discharge from employment such individual or to discriminate against
7 such individual in compensation or in terms, conditions or privileges of
8 employment.
9 (b) For an employment agency to discriminate against any individual
10 because of age, race, creed, color, national origin, sexual orientation,
11 military status, sex, disability, predisposing genetic characteristics,
12 status as a New York citizen, familial status, or marital status, in
13 receiving, classifying, disposing or otherwise acting upon applications
14 for its services or in referring an applicant or applicants to an
15 employer or employers.
16 (c) For a labor organization, because of the age, race, creed, color,
17 national origin, sexual orientation, military status, sex, disability,
18 predisposing genetic characteristics, status as a New York state citi-
19 zen, familial status, or marital status of any individual, to exclude or
20 to expel from its membership such individual or to discriminate in any
21 way against any of its members or against any employer or any individual
22 employed by an employer.
23 (d) For any employer or employment agency to print or circulate or
24 cause to be printed or circulated any statement, advertisement or publi-
25 cation, or to use any form of application for employment or to make any
26 inquiry in connection with prospective employment, which expresses
27 directly or indirectly, any limitation, specification or discrimination
28 as to age, race, creed, color, national origin, sexual orientation,
29 military status, sex, disability, predisposing genetic characteristics,
30 status as a New York state citizen, familial status, or marital status,
31 or any intent to make any such limitation, specification or discrimi-
32 nation, unless based upon a bona fide occupational qualification;
33 provided, however, that neither this paragraph nor any provision of this
34 chapter or other law shall be construed to prohibit the department of
35 civil service or the department of personnel of any city containing more
36 than one county from requesting information from applicants for civil
37 service examinations concerning any of the aforementioned character-
38 istics, other than sexual orientation, for the purpose of conducting
39 studies to identify and resolve possible problems in recruitment and
40 testing of members of minority groups to insure the fairest possible and
41 equal opportunities for employment in the civil service for all persons,
42 regardless of age, race, creed, color, national origin, sexual orien-
43 tation, military status, sex, disability, predisposing genetic charac-
44 teristics, familial status, or marital status.
45 § 38. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
46 the executive law, as amended by chapter 365 of the laws of 2015, are
47 amended to read as follows:
48 (b) To deny to or withhold from any person because of race, creed,
49 color, national origin, sexual orientation, military status, sex, age,
50 disability, familial status, status as a New York state citizen, or
51 marital status, the right to be admitted to or participate in a guidance
52 program, an apprenticeship training program, on-the-job training
53 program, executive training program, or other occupational training or
54 retraining program;
55 (c) To discriminate against any person in his or her pursuit of such
56 programs or to discriminate against such a person in the terms, condi-
S. 1021 16
1 tions or privileges of such programs because of race, creed, color,
2 national origin, sexual orientation, military status, sex, age, status
3 as a New York state citizen, disability, familial status or marital
4 status;
5 (d) To print or circulate or cause to be printed or circulated any
6 statement, advertisement or publication, or to use any form of applica-
7 tion for such programs or to make any inquiry in connection with such
8 program which expresses, directly or indirectly, any limitation, spec-
9 ification or discrimination as to race, creed, color, national origin,
10 sexual orientation, military status, sex, age, status as a New York
11 state citizen, disability, familial status or marital status, or any
12 intention to make any such limitation, specification or discrimination,
13 unless based on a bona fide occupational qualification.
14 § 39. Paragraph (a) of subdivision 2 of section 296 of the executive
15 law, as amended by chapter 106 of the laws of 2003, is amended to read
16 as follows:
17 (a) It shall be an unlawful discriminatory practice for any person,
18 being the owner, lessee, proprietor, manager, superintendent, agent or
19 employee of any place of public accommodation, resort or amusement,
20 because of the race, creed, color, national origin, sexual orientation,
21 military status, sex, status as a New York state citizen, or disability
22 or marital status of any person, directly or indirectly, to refuse,
23 withhold from or deny to such person any of the accommodations, advan-
24 tages, facilities or privileges thereof, including the extension of
25 credit, or, directly or indirectly, to publish, circulate, issue,
26 display, post or mail any written or printed communication, notice or
27 advertisement, to the effect that any of the accommodations, advantages,
28 facilities and privileges of any such place shall be refused, withheld
29 from or denied to any person on account of race, creed, color, national
30 origin, sexual orientation, military status, sex, status as a New York
31 state citizen, or disability or marital status, or that the patronage or
32 custom thereat of any person of or purporting to be of any particular
33 race, creed, color, national origin, sexual orientation, military
34 status, status as a New York state citizen, sex or marital status, or
35 having a disability is unwelcome, objectionable or not acceptable,
36 desired or solicited.
37 § 40. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
38 296 of the executive law, paragraphs (a), (b) and (c) as amended and
39 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
40 to read as follows:
41 (a) To refuse to sell, rent or lease or otherwise to deny to or with-
42 hold from any person or group of persons such housing accommodations
43 because of the race, creed, color, disability, national origin, sexual
44 orientation, military status, age, sex, marital status, status as a New
45 York state citizen, or familial status of such person or persons, or to
46 represent that any housing accommodation or land is not available for
47 inspection, sale, rental or lease when in fact it is so available.
48 (b) To discriminate against any person because of his or her race,
49 creed, color, disability, national origin, sexual orientation, military
50 status, age, sex, marital status, status as a New York state citizen, or
51 familial status in the terms, conditions or privileges of any publicly-
52 assisted housing accommodations or in the furnishing of facilities or
53 services in connection therewith.
54 (c) To cause to be made any written or oral inquiry or record concern-
55 ing the race, creed, color, disability, national origin, sexual orien-
56 tation, membership in the reserve armed forces of the United States or
S. 1021 17
1 in the organized militia of the state, age, sex, marital status, status
2 as a New York state citizen, or familial status of a person seeking to
3 rent or lease any publicly-assisted housing accommodation; provided,
4 however, that nothing in this subdivision shall prohibit a member of the
5 reserve armed forces of the United States or in the organized militia of
6 the state from voluntarily disclosing such membership.
7 (c-1) To print or circulate or cause to be printed or circulated any
8 statement, advertisement or publication, or to use any form of applica-
9 tion for the purchase, rental or lease of such housing accommodation or
10 to make any record or inquiry in connection with the prospective
11 purchase, rental or lease of such a housing accommodation which
12 expresses, directly or indirectly, any limitation, specification or
13 discrimination as to race, creed, color, national origin, sexual orien-
14 tation, military status, sex, age, disability, marital status, status as
15 a New York state citizen, or familial status, or any intent to make any
16 such limitation, specification or discrimination.
17 § 41. Subdivisions 3-b, 4 and 5 of section 296 of the executive law,
18 as amended by chapter 106 of the laws of 2003, are amended to read as
19 follows:
20 3-b. It shall be an unlawful discriminatory practice for any real
21 estate broker, real estate salesperson or employee or agent thereof or
22 any other individual, corporation, partnership or organization for the
23 purpose of inducing a real estate transaction from which any such person
24 or any of its stockholders or members may benefit financially, to repre-
25 sent that a change has occurred or will or may occur in the composition
26 with respect to race, creed, color, national origin, sexual orientation,
27 military status, status as a New York state citizen, sex, disability,
28 marital status, or familial status of the owners or occupants in the
29 block, neighborhood or area in which the real property is located, and
30 to represent, directly or indirectly, that this change will or may
31 result in undesirable consequences in the block, neighborhood or area in
32 which the real property is located, including but not limited to the
33 lowering of property values, an increase in criminal or anti-social
34 behavior, or a decline in the quality of schools or other facilities.
35 4. It shall be an unlawful discriminatory practice for an education
36 corporation or association which holds itself out to the public to be
37 non-sectarian and exempt from taxation pursuant to the provisions of
38 article four of the real property tax law to deny the use of its facili-
39 ties to any person otherwise qualified, or to permit the harassment of
40 any student or applicant, by reason of his race, color, religion, disa-
41 bility, national origin, sexual orientation, military status, sex,
42 status as a New York state citizen, age or marital status, except that
43 any such institution which establishes or maintains a policy of educat-
44 ing persons of one sex exclusively may admit students of only one sex.
45 5. (a) It shall be an unlawful discriminatory practice for the owner,
46 lessee, sub-lessee, assignee, or managing agent of, or other person
47 having the right to sell, rent or lease a housing accommodation,
48 constructed or to be constructed, or any agent or employee thereof:
49 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
50 from any person or group of persons such a housing accommodation because
51 of the race, creed, color, national origin, sexual orientation, military
52 status, sex, age, disability, marital status, status as a New York state
53 citizen, or familial status of such person or persons, or to represent
54 that any housing accommodation or land is not available for inspection,
55 sale, rental or lease when in fact it is so available.
S. 1021 18
1 (2) To discriminate against any person because of race, creed, color,
2 national origin, sexual orientation, military status, sex, age, disabil-
3 ity, marital status, status as a New York state citizen, or familial
4 status in the terms, conditions or privileges of the sale, rental or
5 lease of any such housing accommodation or in the furnishing of facili-
6 ties or services in connection therewith.
7 (3) To print or circulate or cause to be printed or circulated any
8 statement, advertisement or publication, or to use any form of applica-
9 tion for the purchase, rental or lease of such housing accommodation or
10 to make any record or inquiry in connection with the prospective
11 purchase, rental or lease of such a housing accommodation which
12 expresses, directly or indirectly, any limitation, specification or
13 discrimination as to race, creed, color, national origin, sexual orien-
14 tation, military status, sex, age, disability, marital status, status as
15 a New York state citizen, or familial status, or any intent to make any
16 such limitation, specification or discrimination.
17 The provisions of this paragraph [(a)] shall not apply (1) to the
18 rental of a housing accommodation in a building which contains housing
19 accommodations for not more than two families living independently of
20 each other, if the owner resides in one of such housing accommodations,
21 (2) to the restriction of the rental of all rooms in a housing accommo-
22 dation to individuals of the same sex or (3) to the rental of a room or
23 rooms in a housing accommodation, if such rental is by the occupant of
24 the housing accommodation or by the owner of the housing accommodation
25 and the owner resides in such housing accommodation or (4) solely with
26 respect to age and familial status to the restriction of the sale,
27 rental or lease of housing accommodations exclusively to persons sixty-
28 two years of age or older and the spouse of any such person, or for
29 housing intended and operated for occupancy by at least one person
30 fifty-five years of age or older per unit. In determining whether hous-
31 ing is intended and operated for occupancy by persons fifty-five years
32 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
33 federal Fair Housing Act of 1988, as amended, shall apply.
34 (b) It shall be an unlawful discriminatory practice for the owner,
35 lessee, sub-lessee, or managing agent of, or other person having the
36 right of ownership or possession of or the right to sell, rent or lease,
37 land or commercial space:
38 (1) To refuse to sell, rent, lease or otherwise deny to or withhold
39 from any person or group of persons land or commercial space because of
40 the race, creed, color, national origin, sexual orientation, military
41 status, sex, age, disability, marital status, status as a New York state
42 citizen, or familial status of such person or persons, or to represent
43 that any housing accommodation or land is not available for inspection,
44 sale, rental or lease when in fact it is so available;
45 (2) To discriminate against any person because of race, creed, color,
46 national origin, sexual orientation, military status, sex, age, disabil-
47 ity, marital status, status as a New York state citizen, or familial
48 status in the terms, conditions or privileges of the sale, rental or
49 lease of any such land or commercial space; or in the furnishing of
50 facilities or services in connection therewith;
51 (3) To print or circulate or cause to be printed or circulated any
52 statement, advertisement or publication, or to use any form of applica-
53 tion for the purchase, rental or lease of such land or commercial space
54 or to make any record or inquiry in connection with the prospective
55 purchase, rental or lease of such land or commercial space which
56 expresses, directly or indirectly, any limitation, specification or
S. 1021 19
1 discrimination as to race, creed, color, national origin, sexual orien-
2 tation, military status, sex, age, disability, marital status, status as
3 a New York state citizen, or familial status; or any intent to make any
4 such limitation, specification or discrimination.
5 (4) With respect to age and familial status, the provisions of this
6 paragraph shall not apply to the restriction of the sale, rental or
7 lease of land or commercial space exclusively to persons fifty-five
8 years of age or older and the spouse of any such person, or to the
9 restriction of the sale, rental or lease of land to be used for the
10 construction, or location of housing accommodations exclusively for
11 persons sixty-two years of age or older, or intended and operated for
12 occupancy by at least one person fifty-five years of age or older per
13 unit. In determining whether housing is intended and operated for occu-
14 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
15 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
16 amended, shall apply.
17 (c) It shall be an unlawful discriminatory practice for any real
18 estate broker, real estate salesperson or employee or agent thereof:
19 (1) To refuse to sell, rent or lease any housing accommodation, land
20 or commercial space to any person or group of persons or to refuse to
21 negotiate for the sale, rental or lease, of any housing accommodation,
22 land or commercial space to any person or group of persons because of
23 the race, creed, color, national origin, sexual orientation, military
24 status, sex, age, disability, marital status, status as a New York state
25 citizen, or familial status of such person or persons, or to represent
26 that any housing accommodation, land or commercial space is not avail-
27 able for inspection, sale, rental or lease when in fact it is so avail-
28 able, or otherwise to deny or withhold any housing accommodation, land
29 or commercial space or any facilities of any housing accommodation, land
30 or commercial space from any person or group of persons because of the
31 race, creed, color, national origin, sexual orientation, military
32 status, sex, age, disability, marital status, status as a New York state
33 citizen, or familial status of such person or persons.
34 (2) To print or circulate or cause to be printed or circulated any
35 statement, advertisement or publication, or to use any form of applica-
36 tion for the purchase, rental or lease of any housing accommodation,
37 land or commercial space or to make any record or inquiry in connection
38 with the prospective purchase, rental or lease of any housing accommo-
39 dation, land or commercial space which expresses, directly or indirect-
40 ly, any limitation, specification, or discrimination as to race, creed,
41 color, national origin, sexual orientation, military status, sex, age,
42 disability, marital status, status as a New York state citizen, or fami-
43 lial status; or any intent to make any such limitation, specification or
44 discrimination.
45 (3) With respect to age and familial status, the provisions of this
46 paragraph shall not apply to the restriction of the sale, rental or
47 lease of any land or commercial space exclusively to persons fifty-five
48 years of age or older and the spouse of any such person, or to the
49 restriction of the sale, rental or lease of any housing accommodation or
50 land to be used for the construction or location of housing accommo-
51 dations for persons sixty-two years of age or older, or intended and
52 operated for occupancy by at least one person fifty-five years of age or
53 older per unit. In determining whether housing is intended and operated
54 for occupancy by persons fifty-five years of age or older, Sec. 807 (b)
55 (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of
56 1988, as amended, shall apply.
S. 1021 20
1 (d) It shall be an unlawful discriminatory practice for any real
2 estate board, because of the race, creed, color, national origin, sexual
3 orientation, military status, age, sex, disability, marital status,
4 status as a New York state citizen, or familial status of any individual
5 who is otherwise qualified for membership, to exclude or expel such
6 individual from membership, or to discriminate against such individual
7 in the terms, conditions and privileges of membership in such board.
8 (e) It shall be an unlawful discriminatory practice for the owner,
9 proprietor or managing agent of, or other person having the right to
10 provide care and services in, a private proprietary nursing home, conva-
11 lescent home, or home for adults, or an intermediate care facility, as
12 defined in section two of the social services law, heretofore
13 constructed, or to be constructed, or any agent or employee thereof, to
14 refuse to provide services and care in such home or facility to any
15 individual or to discriminate against any individual in the terms,
16 conditions, and privileges of such services and care solely because such
17 individual is a blind person. For purposes of this paragraph, a "blind
18 person" shall mean a person who is registered as a blind person with the
19 commission for the visually handicapped and who meets the definition of
20 a "blind person" pursuant to section three of chapter four hundred
21 fifteen of the laws of nineteen hundred thirteen entitled "An act to
22 establish a state commission for improving the condition of the blind of
23 the state of New York, and making an appropriation therefor".
24 (f) The provisions of this subdivision, as they relate to age, shall
25 not apply to persons under the age of eighteen years.
26 (g) It shall be an unlawful discriminatory practice for any person
27 offering or providing housing accommodations, land or commercial space
28 as described in paragraphs (a), (b), and (c) of this subdivision to make
29 or cause to be made any written or oral inquiry or record concerning
30 membership of any person in the state organized militia in relation to
31 the purchase, rental or lease of such housing accommodation, land, or
32 commercial space, provided, however, that nothing in this subdivision
33 shall prohibit a member of the state organized militia from voluntarily
34 disclosing such membership.
35 § 42. Paragraph (a) of subdivision 9 of section 296 of the executive
36 law, as amended by chapter 365 of the laws of 2015 is amended to read as
37 follows:
38 (a) It shall be an unlawful discriminatory practice for any fire
39 department or fire company therein, through any member or members there-
40 of, officers, board of fire commissioners or other body or office having
41 power of appointment of volunteer firefighters, directly or indirectly,
42 by ritualistic practice, constitutional or by-law prescription, by tacit
43 agreement among its members, or otherwise, to deny to any individual
44 membership in any volunteer fire department or fire company therein, or
45 to expel or discriminate against any volunteer member of a fire depart-
46 ment or fire company therein, because of the race, creed, color,
47 national origin, sexual orientation, military status, sex, marital
48 status, status as a New York state citizen, or familial status, of such
49 individual.
50 § 43. Subdivision 13 of section 296 of the executive law, as amended
51 by chapter 365 of the laws of 2015, is amended to read as follows:
52 13. It shall be an unlawful discriminatory practice (i) for any person
53 to boycott or blacklist, or to refuse to buy from, sell to or trade
54 with, or otherwise discriminate against any person, because of the race,
55 creed, color, national origin, sexual orientation, military status,
56 status as a New York state citizen, sex, disability, or familial status,
S. 1021 21
1 of such person, or of such person's partners, members, stockholders,
2 directors, officers, managers, superintendents, agents, employees, busi-
3 ness associates, suppliers or customers, or (ii) for any person wilfully
4 to do any act or refrain from doing any act which enables any such
5 person to take such action. This subdivision shall not apply to:
6 (a) Boycotts connected with labor disputes; or
7 (b) Boycotts to protest unlawful discriminatory practices.
8 § 44. Subdivisions 1, 2 and 3 of section 296-a of the executive law,
9 as amended by chapter 106 of the laws of 2003, are amended to read as
10 follows:
11 1. It shall be an unlawful discriminatory practice for any creditor or
12 any officer, agent or employee thereof:
13 a. In the case of applications for credit with respect to the
14 purchase, acquisition, construction, rehabilitation, repair or mainte-
15 nance of any housing accommodation, land or commercial space to discrim-
16 inate against any such applicant because of the race, creed, color,
17 national origin, sexual orientation, military status, age, sex, marital
18 status, disability, status as a New York state citizen, or familial
19 status of such applicant or applicants or any member, stockholder,
20 director, officer or employee of such applicant or applicants, or of the
21 prospective occupants or tenants of such housing accommodation, land or
22 commercial space, in the granting, withholding, extending or renewing,
23 or in the fixing of the rates, terms or conditions of, any such credit;
24 b. To discriminate in the granting, withholding, extending or renew-
25 ing, or in the fixing of the rates, terms or conditions of, any form of
26 credit, on the basis of race, creed, color, national origin, sexual
27 orientation, military status, age, sex, marital status, disability,
28 status as a New York state citizen, or familial status;
29 c. To use any form of application for credit or use or make any record
30 or inquiry which expresses, directly or indirectly, any limitation,
31 specification, or discrimination as to race, creed, color, national
32 origin, sexual orientation, military status, age, sex, marital status,
33 disability, status as a New York state citizen, or familial status;
34 d. To make any inquiry of an applicant concerning his or her capacity
35 to reproduce, or his or her use or advocacy of any form of birth control
36 or family planning;
37 e. To refuse to consider sources of an applicant's income or to
38 subject an applicant's income to discounting, in whole or in part,
39 because of an applicant's race, creed, color, national origin, sexual
40 orientation, military status, age, sex, marital status, childbearing
41 potential, disability, status as a New York state citizen, or familial
42 status;
43 f. To discriminate against a married person because such person
44 neither uses nor is known by the surname of his or her spouse.
45 This paragraph shall not apply to any situation where the use of a
46 surname would constitute or result in a criminal act.
47 2. Without limiting the generality of subdivision one of this section,
48 it shall be considered discriminatory if, because of an applicant's or
49 class of applicants' race, creed, color, national origin, sexual orien-
50 tation, military status, age, sex, marital status or disability, status
51 as a New York state citizen, or familial status, (i) an applicant or
52 class of applicants is denied credit in circumstances where other appli-
53 cants of like overall credit worthiness are granted credit, or (ii)
54 special requirements or conditions, such as requiring co-obligors or
55 reapplication upon marriage, are imposed upon an applicant or class of
S. 1021 22
1 applicants in circumstances where similar requirements or conditions are
2 not imposed upon other applicants of like overall credit worthiness.
3 3. It shall not be considered discriminatory if credit differen-
4 tiations or decisions are based upon factually supportable, objective
5 differences in applicants' overall credit worthiness, which may include
6 reference to such factors as current income, assets and prior credit
7 history of such applicants, as well as reference to any other relevant
8 factually supportable data; provided, however, that no creditor shall
9 consider, in evaluating the credit worthiness of an applicant, aggregate
10 statistics or assumptions relating to race, creed, color, national
11 origin, sexual orientation, military status, sex, status as a New York
12 state citizen, marital status or disability, or to the likelihood of any
13 group of persons bearing or rearing children, or for that reason receiv-
14 ing diminished or interrupted income in the future.
15 § 45. Paragraph (b) of subdivision 2 of section 296-b of the executive
16 law, as added by chapter 481 of the laws of 2010, is amended to read as
17 follows:
18 (b) Subject a domestic worker to unwelcome harassment based on gender,
19 race, religion, status as a New York state citizen or national origin,
20 where such harassment has the purpose or effect of unreasonably inter-
21 fering with an individual's work performance by creating an intimidat-
22 ing, hostile, or offensive working environment.
23 § 46. Paragraph (c) of subdivision 1 of section 122 of the social
24 services law, as amended by chapter 214 of the laws of 1998, is amended
25 to read as follows:
26 (c) The following persons, not described in paragraph (a) or (b) of
27 this subdivision, shall, if otherwise eligible, be eligible for safety
28 net assistance and medical assistance[, except that medical assistance
29 shall be limited to care and services (not including care and services
30 related to an organ transplant procedure) necessary for the treatment of
31 an emergency medical condition as that term is defined in section 1903
32 of the federal social security act unless and until federal financial
33 participation is available for the costs of providing medical assistance
34 provided, however, that any such person who, on the fourth day of
35 August, nineteen hundred ninety-seven was residing in a residential
36 health care facility licensed by the department of health or in a resi-
37 dential facility licensed, operated or funded by the office of mental
38 health or the office of mental retardation and developmental disabili-
39 ties, and was in receipt of a medical assistance authorization based on
40 a finding that he or she was] (i) a person permanently residing in the
41 United States under color of law [shall, if otherwise eligible, be
42 eligible for medical assistance and provided, further, that any such
43 person who, on the fourth day of August, nineteen hundred ninety-seven,
44 was diagnosed as having AIDS, as defined in subdivision one of section
45 two thousand seven hundred eighty of the public health law, and was in
46 receipt of medical assistance authorization pursuant to title eleven of
47 article five of this chapter based on a finding that he or she was a
48 person permanently residing in the United States under color of law
49 shall, if otherwise eligible, be eligible for medical assistance:
50 (i) a qualified alien who entered the United States less than five
51 years earlier or for less than five years has had a status within the
52 meaning of the term "qualified alien" as defined in section 431 of the
53 federal personal responsibility and work opportunity reconciliation act
54 of 1996 (8 U.S. Code 1641), as amended, if such entry occurred on or
55 after the twenty-second day of August, nineteen hundred ninety-six; and
S. 1021 23
1 (ii) an alien whose status is not within the meaning of the term
2 "qualified alien" as defined in section 431 of the federal personal
3 responsibility and work opportunity reconciliation act of 1996 (8 U.S.
4 Code 1641), as amended, but who is otherwise permanently residing in the
5 United States under color of law], and (ii) New York state citizens if
6 otherwise eligible shall only be eligible for medical assistance.
7 § 47. Section 131-k of the social services law is REPEALED.
8 § 48. The education law is amended by adding a new section 609-a to
9 read as follows:
10 § 609-a. New York DREAM fund commission. 1. (a) There shall be
11 created a New York DREAM fund commission which shall be committed to
12 advancing the educational opportunities of the children of immigrants.
13 (b) The New York DREAM fund commission shall be composed of twelve
14 members to be appointed as follows:
15 (i) Four members shall be appointed by the governor;
16 (ii) Three members shall be appointed by the temporary president of
17 the senate;
18 (iii) Three members shall be appointed by the speaker of the assembly;
19 (iv) One member shall be appointed by the minority leader of the
20 senate; and
21 (v) One member shall be appointed by the minority leader of the assem-
22 bly.
23 (c) To the extent practicable, members of such commission shall
24 reflect the racial, ethnic, gender, language, and geographic diversity
25 of the state.
26 (d) To the extent practicable, members of such commission shall
27 include college and university administrators and faculty, and other
28 individuals committed to advancing the educational opportunities of the
29 children of immigrants.
30 (e) Members of the New York DREAM fund commission shall receive no
31 compensation for their services.
32 2. (a) The New York DREAM fund commission shall have the power to:
33 (i) Administer the provisions of this section;
34 (ii) Create and raise funds for the New York DREAM fund;
35 (iii) Establish a not-for-profit entity charged with the responsibil-
36 ity of raising funds for the administration of this section and any
37 educational or training programs such commission is tasked with adminis-
38 trating and funding scholarships to students who are children of immi-
39 grants to the United States;
40 (iv) Publicize the availability of such scholarships from the New York
41 DREAM fund;
42 (v) Develop criteria and a selection process for the recipients of
43 scholarships from the New York DREAM fund;
44 (vi) Research issues pertaining to the availability of assistance with
45 the costs of higher education for the children of immigrants and other
46 issues regarding access for and the performance of the children of immi-
47 grants within higher education;
48 (vii) Establish, publicize, and administer training programs for high
49 school counselors, admissions officers, and financial aid officers of
50 institutions of higher education. The training programs shall instruct
51 participants on the educational opportunities available to college-bound
52 students who are the children of immigrants, including, but not limited
53 to, in-state tuition and scholarship programs. To the extent practica-
54 ble, the New York DREAM fund commission shall offer the training program
55 to school districts and boards of cooperative educational services
56 throughout the state, provided however, that priority shall be given to
S. 1021 24
1 school districts and boards of cooperative educational services with
2 larger number of students who are the children of immigrants over school
3 districts and boards of cooperative educational services with lesser
4 number of students who are the children of immigrants;
5 (viii) Establish a public awareness campaign regarding educational
6 opportunities available to college bound students who are the children
7 of immigrants; and
8 (ix) Establish, by rule, procedures for accepting and evaluating
9 applications for scholarships from the children of immigrants and issu-
10 ing scholarships to selected student applicants.
11 (b) To receive a scholarship pursuant to this section, a student
12 applicant must meet the following qualifications:
13 (i) Have resided with his or her parents or guardians while attending
14 a public or private high school in this state;
15 (ii) Have graduated from a public or private high school or received
16 the equivalent of a high school diploma in this state;
17 (iii) Have attended a public or private high school in this state for
18 at least two years as of the date he or she graduated from high school
19 or received the equivalent of a high school diploma;
20 (iv) Have at least one parent or guardian who immigrated to the United
21 States.
22 (c) The New York DREAM fund commission and the New York DREAM fund
23 shall be funded entirely by private contributions and no state funds
24 shall be appropriated to or used by the New York DREAM fund. No funds
25 of the New York DREAM fund or the New York DREAM fund commission shall
26 be transferred to the general fund or any special revenue fund or shall
27 be used for any purpose other than the purposes set forth in this
28 section.
29 3. The New York DREAM fund commission and the New York DREAM fund
30 shall be subject to the provisions of articles six and seven and section
31 seventy-four of the public officers law.
32 § 49. Subdivision 3 of section 661 of the education law is REPEALED.
33 § 50. Paragraphs a and b of subdivision 5 of section 661 of the educa-
34 tion law, as amended by chapter 466 of the laws of 1977, are amended to
35 read as follows:
36 a. (i) Except as provided in subdivision two of section six hundred
37 seventy-four of this part and subparagraph (ii) of this paragraph, an
38 applicant for an award at the undergraduate level of study must either
39 [(i)] (a) have been a legal resident of the state for at least one year
40 immediately preceding the beginning of the semester, quarter or term of
41 attendance for which application for assistance is made, or [(ii)] (b)
42 be a legal resident of the state and have been a legal resident during
43 his last two semesters of high school either prior to graduation, or
44 prior to admission to college. Provided further that persons shall be
45 eligible to receive awards under section six hundred sixty-eight or
46 section six hundred sixty-nine of this part who are currently legal
47 residents of the state and are otherwise qualified.
48 (ii) An applicant who is not a legal resident of the state eligible
49 pursuant to subparagraph (i) of this paragraph, but is a United States
50 citizen, a permanent lawful resident, a lawful non-immigrant alien, a
51 New York state citizen or an applicant without lawful immigration status
52 shall be eligible for an award at the undergraduate level of study
53 provided that the student:
54 (a) attended a registered New York state high school for two or more
55 years, graduated from a registered New York state high school and
56 applied for attendance at the institution of higher education for the
S. 1021 25
1 undergraduate study for which an award is sought within five years of
2 receiving a New York state high school diploma; or
3 (b) attended an approved New York state program for a state high
4 school equivalency diploma, received a state high school equivalency
5 diploma and applied for attendance at the institution of higher educa-
6 tion for the undergraduate study for which an award is sought within
7 five years of receiving a state high school equivalency diploma; or
8 (c) is otherwise eligible for the payment of tuition and fees at a
9 rate no greater than that imposed for resident students of the state
10 university of New York, the city university of New York or community
11 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
12 sion two of section three hundred fifty-five or paragraph (a) of subdi-
13 vision seven of section sixty-two hundred six of this chapter.
14 Provided, further, that a student without lawful immigration status
15 shall also be required to file an affidavit with such institution of
16 higher education stating that the student has filed an application to
17 legalize his or her immigration status, or will file such an application
18 as soon as he or she is eligible to do so.
19 b. [An] (i) Except as otherwise provided in subparagraph (ii) of this
20 paragraph, an applicant for an award at the graduate level of study must
21 either [(i)] (a) have been a legal resident of the state for at least
22 one year immediately preceding the beginning of the semester, quarter or
23 term of attendance for which application for assistance is made, or
24 [(ii)] (b) be a legal resident of the state and have been a legal resi-
25 dent during his last academic year of undergraduate study and have
26 continued to be a legal resident until matriculation in the graduate
27 program.
28 (ii) An applicant who is not a legal resident of the state eligible
29 pursuant to subparagraph (i) of this paragraph, but is a United States
30 citizen, a permanent lawful resident, a lawful non-immigrant alien, a
31 New York state citizen or an applicant without lawful immigration status
32 shall be eligible for an award at the undergraduate level of study
33 provided that the student:
34 (a) attended a registered approved New York state high school for two
35 or more years, graduated from a registered New York state high school
36 and applied for attendance at the institution of higher education for
37 the graduate study for which an award is sought within ten years of
38 receiving a New York state high school diploma; or
39 (b) attended an approved New York state program for a state high
40 school equivalency diploma, received a state high school equivalency
41 diploma and applied for attendance at the institution of higher educa-
42 tion for the graduate study for which an award is sought within ten
43 years of receiving a state high school equivalency diploma; or
44 (c) is otherwise eligible for the payment of tuition and fees at a
45 rate no greater than that imposed for resident students of the state
46 university of New York, the city university of New York or community
47 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
48 sion two of section three hundred fifty-five or paragraph (a) of subdi-
49 vision seven of section sixty-two hundred six of this chapter.
50 Provided, further, that a student without lawful immigration status
51 shall also be required to file an affidavit with such institution of
52 higher education stating that the student has filed an application to
53 legalize his or her immigration status, or will file such an application
54 as soon as he or she is eligible to do so.
S. 1021 26
1 § 51. Paragraph d of subdivision 5 of section 661 of the education
2 law, as amended by chapter 844 of the laws of 1975, is amended to read
3 as follows:
4 d. If an applicant for an award allocated on a geographic basis has
5 more than one residence in this state, his or her residence for the
6 purpose of this article shall be his or her place of actual residence
7 during the major part of the year while attending school, as determined
8 by the commissioner; and further provided that an applicant who does not
9 have a residence in this state and is eligible for an award pursuant to
10 subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of
11 this subdivision shall be deemed to reside in the geographic area of the
12 institution of higher education in which he or she attends for purposes
13 of an award allocated on a geographic basis.
14 § 52. Paragraph e of subdivision 5 of section 661 of the education
15 law, as added by chapter 630 of the laws of 2005, is amended to read as
16 follows:
17 e. Notwithstanding any other provision of this article to the contra-
18 ry, the New York state [residency] eligibility [requirement] require-
19 ments for receipt of awards [is] set forth in paragraphs a and b of this
20 subdivision are waived for a member, or the spouse or dependent of a
21 member, of the armed forces of the United States on full-time active
22 duty and stationed in this state.
23 § 53. Paragraph h of subdivision 2 of section 355 of the education law
24 is amended by adding a new subparagraph 10 to read as follows:
25 (10) Such regulations shall further provide that any student who is
26 not a legal resident of New York state but is a United States citizen, a
27 permanent lawful resident, a lawful non-immigrant alien, a New York
28 state citizen or an applicant without lawful immigration status may have
29 the payment of tuition and other fees and charges reduced by state-aided
30 programs, scholarships or other financial assistance awarded under the
31 provisions of articles thirteen, thirteen-A, fourteen and fourteen-A of
32 this chapter, provided that the student meets the requirements set forth
33 in subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b
34 of subdivision five of section six hundred sixty-one of this title, as
35 applicable.
36 § 54. Subdivision 7 of section 6206 of the education law is amended by
37 adding a new paragraph (e) to read as follows:
38 (e) The trustees shall further provide that any student who is not a
39 legal resident of New York state but is a United States citizen, a
40 permanent lawful resident, a lawful non-immigrant alien, a New York
41 state citizen or an applicant without lawful immigration status may have
42 the payment of tuition and other fees and charges reduced by state-aided
43 programs, scholarships or other financial assistance awarded under the
44 provisions of articles thirteen, thirteen-A, fourteen and fourteen-A of
45 this chapter, provided that the student meets the requirements set forth
46 in subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b
47 of subdivision five of section six hundred sixty-one of this chapter, as
48 applicable.
49 § 55. Section 6305 of the education law is amended by adding a new
50 subdivision 8-a to read as follows:
51 8-a. The payment of tuition and other fees and charges of a student
52 who is attending a community college and who is not a legal resident of
53 New York state but is a United States citizen, a permanent lawful resi-
54 dent, a lawful non-immigrant alien, a New York state citizen or an
55 applicant without lawful immigration status may be reduced by state-aid-
56 ed programs, scholarships and other financial assistance awarded under
S. 1021 27
1 the provisions of articles thirteen, thirteen-A, fourteen and fourteen-A
2 of this chapter, provided that the student meets the requirements set
3 forth in subparagraph (ii) of paragraph a or subparagraph (ii) of para-
4 graph b of subdivision five of section six hundred sixty-one of this
5 chapter, as applicable.
6 § 56. Paragraph d of subdivision 3 of section 6451 of the education
7 law, as amended by chapter 494 of the laws of 2016, is amended to read
8 as follows:
9 d. Any necessary supplemental financial assistance, which may include
10 the cost of books and necessary maintenance for such enrolled students,
11 including students who are New York state citizens and students without
12 lawful immigration status provided that the student meets the require-
13 ments set forth in subparagraph (ii) of paragraph a or subparagraph (ii)
14 of paragraph b of subdivision five of section six hundred sixty-one of
15 this chapter, as applicable; provided, however, that such supplemental
16 financial assistance shall be furnished pursuant to criteria promulgated
17 by the commissioner with the approval of the director of the budget;
18 § 57. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
19 of the education law, as added by chapter 917 of the laws of 1970, is
20 amended to read as follows:
21 (v) Any necessary supplemental financial assistance, which may include
22 the cost of books and necessary maintenance for such students, including
23 students who are New York state citizens and students without lawful
24 immigration status provided that the student meets the requirements set
25 forth in subparagraph (ii) of paragraph a or subparagraph (ii) of para-
26 graph b of subdivision five of section six hundred sixty-one of this
27 chapter, as applicable; provided, however, that such supplemental finan-
28 cial assistance shall be furnished pursuant to criteria promulgated by
29 such universities and approved by the regents and the director of the
30 budget.
31 § 58. Paragraph (a) of subdivision 2 of section 6455 of the education
32 law, as added by chapter 285 of the laws of 1986, is amended to read as
33 follows:
34 (a) (i) Undergraduate science and technology entry program moneys may
35 be used for tutoring, counseling, remedial and special summer courses,
36 supplemental financial assistance, program administration, and other
37 activities which the commissioner may deem appropriate. To be eligible
38 for undergraduate collegiate science and technology entry program
39 support, a student must be a resident of New York [who is], or meet the
40 requirements of subparagraph (ii) of this paragraph, and must be either
41 economically disadvantaged or from a minority group historically under-
42 represented in the scientific, technical, health and health-related
43 professions, and [who demonstrates] must demonstrate interest in and a
44 potential for a professional career if provided special services. Eligi-
45 ble students must be in good academic standing, enrolled full time in an
46 approved, undergraduate level program of study, as defined by the
47 regents.
48 (ii) An applicant who is not a legal resident of New York state, but
49 who is a United States citizen, a permanent lawful resident, a lawful
50 non-immigrant alien, a New York state citizen or an applicant without
51 lawful immigration status, shall be eligible for an award at the under-
52 graduate level of study provided that the student:
53 (1) attended a registered New York state high school for two or more
54 years, graduated from a registered New York state high school and
55 applied for attendance at the institution of higher education for the
S. 1021 28
1 undergraduate study for which an award is sought within five years of
2 receiving a New York state high school diploma; or
3 (2) attended an approved New York state program for a state high
4 school equivalency diploma, received a state high school equivalency
5 diploma and applied for attendance at the institution of higher educa-
6 tion for the undergraduate study for which an award is sought within
7 five years of receiving a state high school equivalency diploma,
8 attended an approved New York state high school for two or more years,
9 graduated from an approved New York state high school and applied for
10 attendance at an institution of higher education within five years of
11 receiving a New York state high school diploma; or
12 (3) is otherwise eligible for the payment of tuition and fees at a
13 rate no greater than that imposed for resident students of the state
14 university of New York, the city university of New York or community
15 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
16 sion two of section three hundred fifty-five or paragraph (a) of subdi-
17 vision seven of section sixty-two hundred six of this chapter.
18 Provided, further, that a student without lawful immigration status
19 shall also be required to file an affidavit with such institution of
20 higher education stating that the student has filed an application to
21 legalize his or her immigration status, or will file such an application
22 as soon as he or she is eligible to do so.
23 § 59. Paragraph (a) of subdivision 3 of section 6455 of the education
24 law, as added by chapter 285 of the laws of 1986, is amended to read as
25 follows:
26 (a) (i) Graduate science and technology entry program moneys may be
27 used for recruitment, academic enrichment, career planning, supplemental
28 financial assistance, review for licensing examinations, program admin-
29 istration, and other activities which the commissioner may deem appro-
30 priate. To be eligible for graduate collegiate science and technology
31 entry program support, a student must be a resident of New York [who
32 is], or meet the requirements of subparagraph (ii) of this paragraph,
33 and must be either economically disadvantaged or from a minority group
34 historically underrepresented in the scientific, technical and health-
35 related professions. Eligible students must be in good academic stand-
36 ing, enrolled full time in an approved graduate level program, as
37 defined by the regents.
38 (ii) An applicant who is not a legal resident of New York state, but
39 either is a United States citizen, a permanent lawful resident, a lawful
40 non-immigrant alien, a New York state citizen or an applicant without
41 lawful immigration status shall be eligible for an award at the under-
42 graduate level of study provided that the student:
43 (1) attended a registered approved New York state high school for two
44 or more years, graduated from a registered New York state high school
45 and applied for attendance at the institution of higher education for
46 the graduate study for which an award is sought within ten years of
47 receiving a New York state high school diploma; or
48 (2) attended an approved New York state program for a state high
49 school equivalency diploma, received a state high school equivalency
50 diploma and applied for attendance at the institution of higher educa-
51 tion for the graduate study for which an award is sought within ten
52 years of receiving a state high school equivalency diploma; or
53 (3) is otherwise eligible for the payment of tuition and fees at a
54 rate no greater than that imposed for resident students of the state
55 university of New York, the city university of New York or community
56 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
S. 1021 29
1 sion two of section three hundred fifty-five or paragraph (a) of subdi-
2 vision seven of section sixty-two hundred six of this chapter.
3 Provided, further, that a student without lawful immigration status
4 shall also be required to file an affidavit with such institution of
5 higher education stating that the student has filed an application to
6 legalize his or her immigration status, or will file such an application
7 as soon as he or she is eligible to do so.
8 § 60. Subparagraphs (i) and (iii) of paragraph a of subdivision 2 of
9 section 695-e of the education law, as amended by chapter 593 of the
10 laws of 2003, are amended to read as follows:
11 (i) the name, address and social security number [or], employer iden-
12 tification number, or individual taxpayer identification number of the
13 account owner unless a family tuition account that was in effect prior
14 to the effective date of the chapter of the laws of two thousand nine-
15 teen that amended this subparagraph does not allow for a taxpayer iden-
16 tification number, in which case a taxpayer identification number shall
17 be allowed upon the expiration of the contract;
18 (iii) the name, address, and social security number, employer iden-
19 tification number, or individual taxpayer identification number of the
20 designated beneficiary, unless a family tuition account that was in
21 effect prior to the effective date of the chapter of the laws of two
22 thousand nineteen that amended this subparagraph does not allow for a
23 taxpayer identification number, in which case a taxpayer identification
24 number shall be allowed upon the expiration of the contract; and
25 § 61. The president of the higher education services corporation, in
26 consultation with the commissioner of education, shall establish an
27 application form and procedures that shall allow a student applicant
28 that meets the requirements set forth in subparagraph (ii) of paragraph
29 a or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of
30 the education law to apply directly to the higher education services
31 corporation or education department for applicable awards without having
32 to submit information to any other state or federal agency. All informa-
33 tion contained within the applications filed with such corporation or
34 department shall be deemed confidential.
35 § 62. The correction law is amended by adding a new section 71-b to
36 read as follows:
37 § 71-b. Persons not to be detained. 1. For the purposes of this
38 section, the following terms shall have the following meanings:
39 (a) "Civil immigration detainer" shall mean a detainer issued pursuant
40 to 8 C.F.R. 287.7.
41 (b) "Administrative warrant" shall mean an immigration warrant of
42 arrest, order to detain or release aliens, notice of custody determi-
43 nation, notice to appear, removal order, warrant of removal, or any
44 other document issued by an immigration agent that can form the basis
45 for an individual's arrest or detention for a civil immigration purpose.
46 (c) "Law enforcement officer" shall mean all officers, employees and
47 persons otherwise paid by or acting as agents of any municipal, county
48 or state police department or department of corrections.
49 (d) "Federal immigration authorities" shall mean any officer, employee
50 or person otherwise paid by or acting as an agent of United States immi-
51 gration and customs enforcement or any division thereof or any other
52 officer, employee or person otherwise paid by or acting as an agent of
53 the United States Department of Homeland Security who is charged with
54 enforcement of the civil provisions of the immigration and nationality
55 act.
S. 1021 30
1 (e) "Facility" shall mean any facility owned or leased by the state,
2 staffed by personnel paid by the state, or used primarily for the
3 conduct of state business, including but not limited to any prison or
4 jail owned or operated by any government entity under the state's juris-
5 diction.
6 2. (a) Law enforcement officers shall not honor a civil immigration
7 detainer or administrative warrant from federal immigration officials
8 by:
9 (i) holding a person beyond the time when such person would otherwise
10 be released from custody; or
11 (ii) expending time or resources responding to inquiries or communi-
12 cating with federal immigration authorities of such person's incarcera-
13 tion status, release dates, court appearance dates, or any other infor-
14 mation related to an individual in custody unless such a response or
15 communication is required or protected by law.
16 (b) Unless an immigration agent has a valid and properly issued crimi-
17 nal warrant, or law enforcement officials have a legitimate law enforce-
18 ment purpose that is not related to the enforcement of immigration law,
19 law enforcement officers shall not permit any federal immigration offi-
20 cial to:
21 (i) have access to any person in their custody; or
22 (ii) have access to any facility owned or operated by the state, or by
23 any municipality within the state, for the purpose of investigating
24 potential violations of the civil immigration law.
25 3. Nothing in this section shall affect the obligation of law enforce-
26 ment officers to maintain the confidentiality of any information
27 obtained pursuant to subdivision two of this section.
28 4. Nothing in this section shall be construed to confer any authority
29 on any entity to hold persons on civil immigration detainers beyond the
30 authority, if any, that existed prior to the effective date of this
31 section.
32 5. This section supersedes all conflicting policies, rules, procedures
33 and practices of the state. Nothing in this section shall be construed
34 to prohibit any state agency from cooperating with federal immigration
35 authorities when required under federal law. Nothing in this section
36 shall be interpreted or applied so as to create any power, duty or obli-
37 gation in conflict with any federal, state or local law.
38 6. Nothing contained in this section or in the administration or
39 application hereof shall be construed as creating any private right of
40 action on the part of any persons or entity against the state or the
41 department.
42 7. Annually on or before December thirty-first, the department shall
43 post a report on the department's website that includes the following
44 information for the preceding twelve month period:
45 (a) the number of civil immigration detainers received from federal
46 immigration authorities;
47 (b) the number of persons held pursuant to civil immigration detainers
48 beyond the time when such persons would otherwise be released from the
49 department's custody;
50 (c) the number of persons transferred to the custody of federal immi-
51 gration authorities pursuant to civil immigration detainers; and
52 (d) the justification and legal authority for the transfer of any
53 individual to the custody of federal immigration authorities.
54 8. For the purpose of this section, any reference to a statute, rule,
55 or regulation shall be deemed to include any successor provision.
S. 1021 31
1 § 63. The executive law is amended by adding a new section 243-a to
2 read as follows:
3 § 243-a. Persons not to be detained. 1. For the purposes of this
4 section, the following terms shall have the following meanings:
5 (a) "Civil immigration detainer" shall mean a detainer issued pursuant
6 to 8 C.F.R. 287.7.
7 (b) "Administrative warrant" shall mean an immigration warrant of
8 arrest, order to detain or release aliens, notice of custody determi-
9 nation, notice to appear, removal order, warrant of removal, or any
10 other document issued by an immigration agent that can form the basis
11 for an individual's arrest or detention for a civil immigration purpose.
12 (c) "Probation officer" shall mean any officer, employee or person
13 otherwise paid by or acting as an agent of the office of probation and
14 correctional alternatives, or any county or municipal probation depart-
15 ment.
16 (d) "Federal immigration authorities" shall mean any officer, employee
17 or person otherwise paid by or acting as an agent of United States immi-
18 gration and customs enforcement or any division thereof or any other
19 officer, employee or person otherwise paid by or acting as an agent of
20 the United States Department of Homeland Security who is charged with
21 enforcement of the civil provisions of the immigration and nationality
22 act.
23 (e) "Facility" shall mean any facility owned or leased by the state,
24 staffed by personnel paid by the state, or used primarily for the
25 conduct of state business, including but not limited to any prison or
26 jail owned or operated by any government entity under the state's juris-
27 diction.
28 2. (a) Probation officers shall not honor a civil immigration detainer
29 or administrative warrant from federal immigration officials by:
30 (i) holding a person beyond the time when such person would otherwise
31 be released from custody; or
32 (ii) expending time or resources responding to inquiries or communi-
33 cating with federal immigration authorities of such person's incarcera-
34 tion status, release dates, court appearance dates, or any other infor-
35 mation related to an individual in custody unless such a response or
36 communication is required or protected by law.
37 (b) Unless an immigration agent has a valid and properly issued crimi-
38 nal warrant, or law enforcement officials have a legitimate law enforce-
39 ment purpose that is not related to the enforcement of immigration law,
40 probation officers shall not permit any federal immigration official to:
41 (i) have access to any person in their custody; or
42 (ii) have access to any facility owned or operated by the state, or by
43 any municipality within the state, for the purpose of investigating
44 potential violations of the civil immigration law.
45 (c) Unless an immigration agent has a valid and properly issued crimi-
46 nal warrant, or probation officers have a legitimate law enforcement
47 purpose that is not related to the enforcement of immigration law, no
48 probation officer shall
49 (i) provide any detainee, inmate or booking lists to federal immi-
50 gration officials; or
51 (ii) expend time or resources responding to inquiries or communicating
52 with federal immigration officials, regarding any person's incarceration
53 status, probation status, release date, court appearance dates or any
54 other information, unless such response or communications is required or
55 protected by law.
S. 1021 32
1 3. Nothing in this section shall affect the obligation of probation
2 officers to maintain the confidentiality of any information obtained
3 pursuant to subdivision two of this section.
4 4. Nothing in this section shall be construed to confer any authority
5 on any entity to hold persons on civil immigration detainers beyond the
6 authority, if any, that existed prior to the effective date of this
7 section.
8 5. This section supersedes all conflicting policies, rules, procedures
9 and practices of the state. Nothing in this section shall be construed
10 to prohibit any state agency from cooperating with federal immigration
11 authorities when required under federal law. Nothing in this section
12 shall be interpreted or applied so as to create any power, duty or obli-
13 gation in conflict with any federal, state or local law.
14 6. Nothing contained in this section or in the administration or
15 application hereof shall be construed as creating any private right of
16 action on the part of any persons or entity against the state or the
17 office.
18 7. Annually on or before December thirty-first, the department shall
19 post a report on the office's website that includes the following infor-
20 mation for the preceding twelve month period:
21 (a) the number of civil immigration detainers received from federal
22 immigration authorities;
23 (b) the number of persons held pursuant to civil immigration detainers
24 beyond the time when such persons would otherwise be released from the
25 office's custody;
26 (c) the number of persons transferred to the custody of federal immi-
27 gration authorities pursuant to civil immigration detainers; and
28 (d) the justification and legal authority for the transfer of any
29 individual to the custody of federal immigration authorities.
30 8. For the purpose of this section, any reference to a statute, rule,
31 or regulation shall be deemed to include any successor provision.
32 § 64. The executive law is amended by adding a new section 223-a to
33 read as follows:
34 § 223-a. Prohibition on racial profiling. 1. For the purposes of this
35 section, "racial profiling" shall mean the practice of a law enforcement
36 officer or agency relying, to any degree, on race, ethnicity, national
37 origin, or religion in selecting which individual to subject to routine
38 or spontaneous investigatory activities or in deciding upon the scope
39 and substance of law enforcement activity following the initial investi-
40 gatory procedure, except when there is trustworthy information, relevant
41 to the locality and timeframe, that links a person of a particular race,
42 ethnicity, national origin, or religion to an identified criminal inci-
43 dent or scheme.
44 2. The superintendent of state police and members of the division of
45 state police shall not engage in racial profiling.
46 3. The division of state police shall maintain adequate policies and
47 procedures designed to eliminate racial profiling and cease existing
48 practices that permit racial profiling. Policies and procedures shall
49 include:
50 (a) a prohibition on racial profiling;
51 (b) training on racial profiling issues as part of state police train-
52 ing;
53 (c) the collection of relevant data;
54 (d) procedures for receiving, investigating and responding meaningful-
55 ly to complaints alleging racial profiling by members of the division of
56 state police; and
S. 1021 33
1 (e) any other policies and procedures the superintendent determines to
2 be necessary to eliminate racial profiling.
3 4. An individual injured by racial profiling may enforce this section
4 in a civil action for declaratory or injunctive relief, upon proof that
5 the routine or spontaneous investigatory activities of members of the
6 division of state police have had a disparate impact on racial, ethnic,
7 or religious minorities and shall constitute prima facie evidence of a
8 violation of this section. In any action or proceeding to enforce this
9 section, the court may allow a prevailing plaintiff reasonable attor-
10 ney's fees as part of the costs and may include expert fees as part of
11 the attorney's fee.
12 § 65. The provisions of this act shall not be construed to conflict
13 with any provision of federal law, rule or regulation, and in any
14 circumstance in which a conflict may exist, the appropriate federal law,
15 rule or regulation shall be controlling.
16 § 66. This act shall take effect on the first of January next succeed-
17 ing the date on which it shall have become a law, provided that:
18 (a) the amendments to section 6604-b of the education law, made by
19 section fourteen of this act, shall not affect the repeal of such
20 section and shall be deemed repealed therewith;
21 (b) section twenty-eight of this act shall take effect upon the enact-
22 ment into law by the state of New Jersey of legislation having an iden-
23 tical effect with such section, but if the state of New Jersey shall
24 have already enacted such legislation, section twenty-eight of this act
25 shall take effect on the effective date of this act; provided that the
26 office for new Americans shall notify the legislative bill drafting
27 commission upon the occurrence of the enactment of such legislation by
28 the state of New Jersey in order that the commission may maintain an
29 accurate and timely effective data base of the official text of the laws
30 of the state of New York in furtherance of effectuating the provisions
31 of section 44 of the legislative law and section 70-b of the public
32 officers law;
33 (c) section thirty-six of this act shall take effect October 3, 2020;
34 and
35 (d) effective immediately, the addition, amendment and/or repeal of
36 any rule or regulation necessary for the implementation of this act on
37 its effective date are authorized and directed to be made and completed
38 on or before such effective date.
