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

                                  8159

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             August 30, 2013
                               ___________

Introduced by M. of A. CORWIN -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to regulation of firearms and
  possession  of large capacity ammunition feeding devices; to amend the
  tax law, in relation to grants for school resource officers; to  amend
  the  education  law  and  the  social services law, in relation to the
  practice of school psychology; to amend the mental  hygiene  law,  the
  executive  law  and  the  penal law, in relation to licenses to carry,
  possess, repair and dispose of firearms  and  reports  of  substantial
  risk  or  threat  of  harm  by  mental health professionals; to repeal
  certain provisions of the penal  law  relating  to  firearms;  and  to
  repeal section 2509 of the surrogate's court procedure act relating to
  a firearms inventory

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 22 of section 265.00  of  the  penal  law,  as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
  22. "Assault weapon" means
  [(a)  a semiautomatic rifle that has an ability to accept a detachable
magazine and has at least one of the following characteristics:
  (i) a folding or telescoping stock;
  (ii) a pistol grip that protrudes conspicuously beneath the action  of
the weapon;
  (iii) a thumbhole stock;
  (iv)  a  second  handgrip or a protruding grip that can be held by the
non-trigger hand;
  (v) a bayonet mount;
  (vi) a flash suppressor, muzzle break, muzzle compensator, or threaded
barrel designed to accommodate a  flash  suppressor,  muzzle  break,  or
muzzle compensator;
  (vii) a grenade launcher; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11362-01-3
              

A. 8159                             2

  (b)  a  semiautomatic  shotgun  that has at least one of the following
characteristics:
  (i) a folding or telescoping stock;
  (ii) a thumbhole stock;
  (iii)  a  second handgrip or a protruding grip that can be held by the
non-trigger hand;
  (iv) a fixed magazine capacity in excess of seven rounds;
  (v) an ability to accept a detachable magazine; or
  (c) a semiautomatic pistol that has an ability to accept a  detachable
magazine and has at least one of the following characteristics:
  (i) a folding or telescoping stock;
  (ii) a thumbhole stock;
  (iii)  a  second handgrip or a protruding grip that can be held by the
non-trigger hand;
  (iv) capacity to accept an ammunition magazine that  attaches  to  the
pistol outside of the pistol grip;
  (v)  a  threaded  barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
  (vi) a shroud that is attached to, or partially or  completely  encir-
cles,  the  barrel and that permits the shooter to hold the firearm with
the non-trigger hand without being burned;
  (vii) a manufactured weight of fifty ounces or more when the pistol is
unloaded; or
  (viii) a semiautomatic version  of  an  automatic  rifle,  shotgun  or
firearm;
  (d) a revolving cylinder shotgun;
  (e)  a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
pistol or weapon defined in subparagraph (v) of paragraph (e) of  subdi-
vision  twenty-two of section 265.00 of this chapter as added by chapter
one hundred eighty-nine of  the  laws  of  two  thousand  and  otherwise
lawfully  possessed pursuant to such chapter of the laws of two thousand
prior to September fourteenth, nineteen hundred ninety-four;
  (f) a semiautomatic rifle, a semiautomatic shotgun or a  semiautomatic
pistol  or  weapon defined in paragraph (a), (b) or (c) of this subdivi-
sion, possessed prior to the date of enactment of  the  chapter  of  the
laws of two thousand thirteen which added this paragraph;
  (g) provided, however, that such term does not include:
  (i)  any  rifle,  shotgun  or  pistol that (A) is manually operated by
bolt, pump, lever or slide action; (B)  has  been  rendered  permanently
inoperable;  or  (C)  is  an  antique  firearm  as  defined in 18 U.S.C.
921(a)(16);
  (ii) a semiautomatic rifle that cannot accept  a  detachable  magazine
that holds more than five rounds of ammunition;
  (iii)  a  semiautomatic shotgun that cannot hold more than five rounds
of ammunition in a fixed or detachable magazine; or
  (iv) a rifle, shotgun or pistol, or a replica or a duplicate  thereof,
specified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured
on  October  first,  nineteen hundred ninety-three. The mere fact that a
weapon is not listed in Appendix A shall not be construed to  mean  that
such weapon is an assault weapon;
  (v) any weapon validly registered pursuant to subdivision sixteen-a of
section  400.00  of  this  chapter. Such weapons shall be subject to the
provisions of paragraph (h) of this subdivision;
  (vi) any firearm, rifle, or shotgun that  was  manufactured  at  least
fifty years prior to the current date, but not including replicas there-

A. 8159                             3

of  that  is  validly  registered  pursuant  to subdivision sixteen-a of
section 400.00 of this chapter;
  (h) Any weapon defined in paragraph (e) or (f) of this subdivision and
any  large capacity ammunition feeding device that was legally possessed
by an individual prior to the enactment of the chapter of  the  laws  of
two  thousand  thirteen which added this paragraph, may only be sold to,
exchanged with or disposed of to a purchaser authorized to possess  such
weapons or to an individual or entity outside of the state provided that
any  such  transfer to an individual or entity outside of the state must
be reported to the entity wherein the weapon is registered within seven-
ty-two hours of such transfer. An  individual  who  transfers  any  such
weapon  or  large capacity ammunition device to an individual inside New
York state or without complying with the provisions  of  this  paragraph
shall  be  guilty  of  a  class A misdemeanor unless such large capacity
ammunition feeding device, the possession of which is  made  illegal  by
the  chapter of the laws of two thousand thirteen which added this para-
graph, is transferred within one year of the effective date of the chap-
ter of the laws of two thousand thirteen which added this paragraph.]
  (A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT  A  DETACHABLE
MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
  (I) A FOLDING OR TELESCOPING STOCK;
  (II)  A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
THE WEAPON;
  (III) A BAYONET MOUNT;
  (IV) A FLASH SUPPRESSOR OR THREADED BARREL DESIGNED TO  ACCOMMODATE  A
FLASH SUPPRESSOR;
  (V) A GRENADE LAUNCHER; OR
  (B)  A  SEMIAUTOMATIC  SHOTGUN  THAT HAS AT LEAST TWO OF THE FOLLOWING
CHARACTERISTICS:
  (I) A FOLDING OR TELESCOPING STOCK;
  (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION  OF
THE WEAPON;
  (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
  (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
  (C)  A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
  (I) AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF  THE
PISTOL GRIP;
  (II)  A  THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
  (III) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY  ENCIR-
CLES,  THE  BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
THE NONTRIGGER HAND WITHOUT BEING BURNED;
  (IV) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL  IS
UNLOADED;
  (V) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
OR
  (D)  ANY  OF  THE  WEAPONS, OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH
WEAPONS, OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER,  KNOWN
AS:
  (I) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
MODELS);
  (II) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
  (III) BERETTA AR70 (SC-70);
  (IV) COLT AR-15;
  (V) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;

A. 8159                             4

  (VI) SWD M-10, M-11, M-11/9, AND M-12;
  (VII) STEYR AUG;
  (VIII) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
  (IX)  REVOLVING  CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR TO) THE STREET
SWEEPER AND STRIKER 12;
  (E) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
  (I) ANY RIFLE, SHOTGUN OR PISTOL THAT  (A)  IS  MANUALLY  OPERATED  BY
BOLT,  PUMP,  LEVER  OR SLIDE ACTION;  (B) HAS BEEN RENDERED PERMANENTLY
INOPERABLE; OR (C) IS AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921 (A)
(16);
  (II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT  A  DETACHABLE  MAGAZINE
THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
  (III)  A  SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
  (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE  THEREOF,
SPECIFIED  IN  APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE.  THE  MERE
FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
  (V)  A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH (D) OF  THIS  SUBDIVI-
SION  LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED
NINETY-FOUR.
  S 2. Subdivision 23 of section 265.00 of the penal law, as amended  by
chapter 1 of the laws of 2013, is amended to read as follows:
  23. "Large capacity ammunition feeding device" means a magazine, belt,
drum,  feed strip, or similar device, MANUFACTURED AFTER SEPTEMBER THIR-
TEENTH, NINETEEN HUNDRED NINETY-FOUR, that [(a)] has a capacity  of,  or
that  can  be  readily  restored  or  converted to accept, more than ten
rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
tion, or (c) is obtained after the effective date of the chapter of  the
laws  of  two thousand thirteen which amended this subdivision and has a
capacity of, or that can be readily restored  or  converted  to  accept,
more than seven rounds of ammunition]; provided, however, that such term
does  not  include  an  attached  tubular device designed to accept, and
capable of operating only with, .22 caliber  rimfire  ammunition  [or  a
feeding  device  that  is  a curio or relic.  A feeding device that is a
curio or relic is defined as a device that (i) was manufactured at least
fifty years prior to the current date, (ii) is  only  capable  of  being
used  exclusively  in a firearm, rifle, or shotgun that was manufactured
at least fifty years prior to the current date, but not including repli-
cas thereof, (iii) is possessed by an individual who is  not  prohibited
by state or federal law from possessing a firearm and (iv) is registered
with  the  division of state police pursuant to subdivision sixteen-a of
section 400.00 of this chapter, except such feeding devices  transferred
into  the  state may be registered at any time, provided they are regis-
tered within thirty days of their transfer into the state. Notwithstand-
ing paragraph (h) of subdivision twenty-two of this section, such  feed-
ing  devices  may  be  transferred  provided that such transfer shall be
subject to the provisions of section 400.03 of  this  chapter  including
the check required to be conducted pursuant to such section].
  S 3. Sections 265.01-b, 265.36, 265.37, 400.02 and 400.03 of the penal
law are REPEALED.
  S  4.  Subdivision 8 of section 265.02 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:

A. 8159                             5

  (8) Such person possesses a large capacity ammunition feeding device[.
For purposes of this subdivision, a large  capacity  ammunition  feeding
device shall not include an ammunition feeding device lawfully possessed
by  such  person before the effective date of the chapter of the laws of
two thousand thirteen which amended this subdivision, that has a capaci-
ty  of, or that can be readily restored or converted to accept more than
seven but less than eleven rounds of ammunition, or  that  was  manufac-
tured  before  September  thirteenth, nineteen hundred ninety-four, that
has a capacity of, or that can  be  readily  restored  or  converted  to
accept, more than ten rounds of ammunition]; or
  S  5.  Subdivision  6  of  section  186-f of the tax law is amended by
adding a new paragraph (g) to read as follows:
  (G) UP TO THE SUM OF THIRTY MILLION DOLLARS ANNUALLY MAY BE  USED  FOR
THE PROVISION OF GRANTS OR REIMBURSEMENTS TO SCHOOL DISTRICTS DESIGNATED
AS  HIGH  NEED  AND  AVERAGE NEED FOR THE COSTS RELATED TO THE HIRING OF
SCHOOL RESOURCE OFFICERS, TO BE DISTRIBUTED PURSUANT  TO  STANDARDS  AND
GUIDELINES  ISSUED  BY  THE STATE. FOR THE PURPOSES OF THIS SUBDIVISION,
HIGH NEED AND AVERAGE NEED SCHOOL DISTRICTS ARE THOSE  DISTRICTS  DESIG-
NATED  PURSUANT  TO  CLAUSE  (C)  OF  SUBPARAGRAPH TWO OF PARAGRAPH C OF
SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW.
  S 6. Section 2509 of the surrogate's court procedure act is REPEALED.
  S 7. The education law is amended by adding a new article 167 to  read
as follows:
                                ARTICLE 167
                            SCHOOL PSYCHOLOGY
SECTION 8720. INTRODUCTION.
        8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
                PSYCHOLOGIST".
        8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
        8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
        8725. LIMITED PERMITS.
        8726. EXEMPTIONS.
        8727. SPECIAL PROVISIONS.
  S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
TICE  OF SCHOOL  PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED SCHOOL
PSYCHOLOGIST".  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED  IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  S  8721.  PRACTICE  OF  SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
PSYCHOLOGIST".   ONLY A PERSON LICENSED OR  EXEMPT  UNDER  THIS  ARTICLE
SHALL  PRACTICE  SCHOOL  PSYCHOLOGY  OR  USE  THE TITLE "LICENSED SCHOOL
PSYCHOLOGIST".
  S 8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE  PRACTICE
OF SCHOOL PSYCHOLOGY IS:
  1.  THE  ASSESSMENT,  INCLUDING  PSYCHO-EDUCATIONAL, DEVELOPMENTAL AND
VOCATIONAL  ASSESSMENT, EVALUATION AND INTERPRETATION  OF  INTELLIGENCE,
COGNITIVE   PROCESSES,  APTITUDES,    INTERESTS,  ACADEMIC  ACHIEVEMENT,
ADJUSTMENT, PERSONALITY FACTORS AND MOTIVATIONS,  OR  ANY  OTHER  ATTRI-
BUTES,  IN  INDIVIDUALS OR GROUPS, THAT RELATE TO LEARNING, EDUCATION OR
ADJUSTMENT NEEDS;
  2.  THE  DEVELOPMENT  AND  IMPLEMENTATION   OF   EDUCATIONALLY-RELATED
PSYCHOTHERAPEUTIC  AND  BEHAVIORAL APPROACHES TO INCREASE SCHOOL ADJUST-
MENT AND ACADEMIC  SUCCESS,  COUNSELING  AND  INTERPRETIVE  SERVICES  TO
REDUCE  EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO, VERBAL
INTERACTION, INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND  VOCA-
TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;

A. 8159                             6

  3.  CONSULTATION  WITH REPRESENTATIVES OF SCHOOLS, AGENCIES AND ORGAN-
IZATIONS, FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL,  DEVEL-
OPMENTAL  AND  VOCATIONAL    ASSISTANCE  OR DIRECT EDUCATIONAL SERVICES,
RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO  THOSE PROBLEMS; AND
  4.  THE  DEVELOPMENT OF PROGRAMMING, INCLUDING DESIGNING, IMPLEMENTING
OR EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING  ENVIRON-
MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
UALS, FAMILIES OR GROUPS.
  S  8723.    REQUIREMENTS  FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A LICENSED SCHOOL PSYCHOLOGIST, AN  APPLICANT  SHALL  FULFILL
THE FOLLOWING REQUIREMENTS:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
THE  REQUIREMENTS  OF A MASTER'S OR DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY
FROM A PROGRAM REGISTERED  BY  THE  DEPARTMENT,  OR  DETERMINED  BY  THE
DEPARTMENT  TO  BE  THE  SUBSTANTIAL  EQUIVALENT  IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS. THE GRADUATE COURSEWORK SHALL  INCLUDE,  BUT
NOT BE LIMITED TO, THE FOLLOWING AREAS:
  (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
  (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
  (III)  ASSESSMENT  AND  APPRAISAL  OF  LEARNERS  IN  HOME  AND  SCHOOL
CONTEXTS;
  (IV) CONSULTATION AND COLLABORATION IN FAMILY,  SCHOOL  AND  COMMUNITY
SYSTEMS;
  (V)  EFFECTIVE  INSTRUCTION  AND DEVELOPMENT OF COGNITIVE AND ACADEMIC
SKILLS;
  (VI) PREVENTION AND TREATMENT OF BEHAVIORAL  AND  EMOTIONAL  DISORDERS
AND DEFICITS;
  (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
  (VIII) RESEARCH AND PROGRAM EVALUATION;
  (IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
  (X)  COMPLETION  OF  A  TWELVE  HUNDRED  HOUR SUPERVISED INTERNSHIP IN
SCHOOL PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED  WITHIN
A SCHOOL SETTING.
  3.  EXPERIENCE:  COMPLETE A MINIMUM OF TWO THOUSAND FOUR HUNDRED HOURS
OF POST-MASTER'S SUPERVISED  EXPERIENCE  RELEVANT  TO  THE  PRACTICE  OF
SCHOOL  PSYCHOLOGY  SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
ONE THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN  SCHOOL
PSYCHOLOGY;
  4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
MENT; AND
  7.  FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN  INITIAL
LICENSE;  A FEE OF EIGHTY-FIVE  DOLLARS FOR EACH REEXAMINATION; A FEE OF
ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL  LICENSE FOR PERSONS NOT
REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A  FEE  OF
ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S  8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1.  IT SHALL BE DEEMED
PRACTICING OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL  COMPETENCE
FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
OF  ANY  SERIOUS  MENTAL ILLNESS, TO PROVIDE  ANY MENTAL HEALTH SERVICES
FOR SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A   MEDICAL

A. 8159                             7

EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
ING SUCH  ILLNESS.  SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
DETERMINE  AND  ADVISE  WHETHER  ANY  MEDICAL CARE IS INDICATED FOR SUCH
ILLNESS.  FOR  PURPOSES OF THIS SECTION,  "SERIOUS MENTAL ILLNESS" MEANS
SCHIZOPHRENIA,  SCHIZOAFFECTIVE  DISORDER,  BIPOLAR  DISORDER,     MAJOR
DEPRESSIVE  DISORDER,  PANIC DISORDER AND OBSESSIVE-COMPULSIVE DISORDER.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT  OR  IMPAIR
CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL.  NOTH-
ING  HEREIN  CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR OTHERWISE AFFECT
THE DEFINITION OF THE PRACTICE  OF  SCHOOL  PSYCHOLOGY  AS  PROVIDED  IN
SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
  2.  ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
  (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE  OF  HIS  OR
HER PROFESSION; OR
  (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE  IN  THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
  3. NOTHING IN THIS ARTICLE SHALL BE  DEEMED  TO  AUTHORIZE,  GRANT  OR
EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
  S 8725. LIMITED PERMITS.  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
  2.  LIMITED  PERMITS  SHALL  BE  FOR  ONE  YEAR AND BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
  3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
SEVENTY DOLLARS.
  S  8726.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL BE
CONSTRUED TO:
  1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF  ANY
TITLE  BY  ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
TITLE OR BY ANY PERSON REGISTERED TO PERFORM  SERVICES  AS  A  PHYSICIAN
ASSISTANT  WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B
OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
TICE PSYCHOLOGY WITHIN  THIS  STATE  PURSUANT  TO  ARTICLE  ONE  HUNDRED
FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED  TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS STATE
PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF  THIS  TITLE,  OR  BY  ANY
PERSON  LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGIS-
TERED PROFESSIONAL NURSE WITHIN THIS STATE  PURSUANT    TO  ARTICLE  ONE
HUNDRED  THIRTY-NINE  OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHER-
WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
LY THERAPY, CREATIVE  ARTS THERAPY, OR PSYCHOANALYSIS WITHIN  THE  STATE
PURSUANT  TO  ARTICLE  ONE  HUNDRED SIXTY-THREE OF THIS TITLE; PROVIDED,
HOWEVER, THAT NO PHYSICIAN, PHYSICIAN'S  ASSISTANT,  REGISTERED  PROFES-
SIONAL  NURSE,  PSYCHOLOGIST,  LICENSED CLINICAL SOCIAL WORKER, LICENSED
MENTAL  HEALTH  COUNSELOR,  LICENSED  MARRIAGE  AND  FAMILY   THERAPIST,
LICENSED  CREATIVE  ARTS THERAPIST OR LICENSED PSYCHOANALYST MAY USE THE
TITLE UNLESS LICENSED UNDER THIS ARTICLE;
  2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM  COUN-

A. 8159                             8

SELORS  AND  CERTIFIED  SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
  3.  PROHIBIT  OR LIMIT THE  PRACTICE OF A PROFESSION LICENSED PURSUANT
TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
MENT;
  4. PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES  BY
ANY  MEMBER  OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER, WITHIN THE
CONTEXT OF HIS OR HER MINISTERIAL  CHARGE OR OBLIGATION;
  5. PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS,  ORGAN-
IZATIONS,  OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING INSTRUCTION,
ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
AND RELATIONAL GROUPS; OR
  6. PROHIBIT OR LIMIT AN OCCUPATIONAL THERAPIST  FROM  PERFORMING  WORK
CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE.
  S  8727.  SPECIAL  PROVISIONS.  1. ANY NONEXEMPT PERSON PRACTICING THE
PROFESSION OF SCHOOL PSYCHOLOGY  SHALL  APPLY  FOR  A  LICENSE  OF  SUCH
PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
  (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED  WITHIN  THIS  ARTICLE, SUCH PERSON MAY MEET ALTERNATIVE CRITERIA
DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL  EQUIVALENT  OF  SUCH
CRITERIA.
  (B)  IF  SUCH  PERSON MEETS THE REQUIREMENTS FOR A LICENSE ESTABLISHED
WITHIN THIS  ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED  OR
REGISTERED  BY  A NATIONAL CERTIFYING OR REGISTERING BODY HAVING CERTIF-
ICATION OR REGISTRATION STANDARDS ACCEPTABLE TO   THE COMMISSIONER,  THE
DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
  2.  NOTWITHSTANDING  THE  REQUIREMENTS OF SECTION EIGHTY-SEVEN HUNDRED
TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
YEARS FROM THE EFFECTIVE DATE OF THIS  ARTICLE,  AN  INDIVIDUAL  MAY  BE
LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
  (A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
EN  HUNDRED  TWENTY-THREE  OF THIS ARTICLE AND PERFORMED THE DUTIES OF A
SCHOOL PSYCHOLOGIST FOR TWO OF THE PAST FIVE YEARS PRIOR TO  THE  EFFEC-
TIVE DATE OF THIS ARTICLE; OR
  (B)  PERFORMED  THE  DUTIES OF A SCHOOL PSYCHOLOGIST FOR AT LEAST FIVE
YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
  3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CLAS-
SIFICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS  APPROVED
IN  ACCORDANCE  WITH REGULATIONS   PROMULGATED BY THE DEPARTMENT, IN THE
PRACTICE OF SUCH LICENSED PROFESSION.
  S 8. Paragraph a of subdivision 3 of section  6507  of  the  education
law,  as  amended by chapter 356 of the laws of 2006, is amended to read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing, on or after January first, nineteen hundred ninety-one,  initially,
or for the renewal of, a license, registration or limited permit to be a
physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
trist,  psychiatrist,  psychologist,   LICENSED   SCHOOL   PSYCHOLOGIST,
licensed master social worker, licensed clinical social worker, licensed
creative   arts  therapist,  licensed  marriage  and  family  therapist,
licensed mental health  counselor,  licensed  psychoanalyst,  or  dental
hygienist  shall,  in addition to all the other licensure, certification

A. 8159                             9

or permit requirements, have completed two hours of coursework or train-
ing regarding the  identification  and  reporting  of  child  abuse  and
maltreatment.  The  coursework  or  training  shall  be obtained from an
institution  or  provider  which  has been approved by the department to
provide such coursework or training. The coursework  or  training  shall
include  information regarding the physical and behavioral indicators of
child abuse and maltreatment and the  statutory  reporting  requirements
set out in sections four hundred thirteen through four hundred twenty of
the  social  services  law, including but not limited to, when and how a
report must be made, what other actions  the  reporter  is  mandated  or
authorized  to  take,  the legal protections afforded reporters, and the
consequences for failing to report. Such coursework or training may also
include information regarding the physical and behavioral indicators  of
the abuse of individuals with mental retardation and other developmental
disabilities  and  voluntary  reporting of abused or neglected adults to
the office of mental retardation and developmental disabilities  or  the
local  adult  protective services unit. Each applicant shall provide the
department with documentation showing that he or she has  completed  the
required  training.  The  department shall provide an exemption from the
child abuse and maltreatment training requirements to any applicant  who
requests  such an exemption and who shows, to the department's satisfac-
tion, that there would be no need because of the nature of  his  or  her
practice for him or her to complete such training;
  S  9.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as amended by section 3 of part D of chapter  501  of  the
laws of 2012, is amended to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; SCHOOL  PSYCHOLOGIST;  registered  nurse;  social  worker;
emergency medical technician; licensed creative arts therapist; licensed
marriage   and  family  therapist;  licensed  mental  health  counselor;
licensed psychoanalyst; hospital personnel  engaged  in  the  admission,
examination,  care  or treatment of persons; a Christian Science practi-
tioner; school official, which includes but is  not  limited  to  school
teacher,  school  guidance counselor, school psychologist, school social
worker, school nurse, school administrator  or  other  school  personnel
required  to  hold  a teaching or administrative license or certificate;
social services worker; director of a children's overnight camp,  summer
day  camp  or  traveling  summer  day camp, as such camps are defined in
section thirteen hundred ninety-two of the public health law;  day  care
center worker; school-age child care worker; provider of family or group
family  day  care; or any other child care or foster care worker; mental
health professional; substance abuse  counselor;  alcoholism  counselor;
all persons credentialed by the office of alcoholism and substance abuse
services;  peace officer; police officer; district attorney or assistant

A. 8159                            10

district attorney; investigator employed in the  office  of  a  district
attorney; or other law enforcement official.
  S  10.  Section  7602 of the education law, as added by chapter 987 of
the laws of 1971, is amended to read as follows:
  S 7602. State board for psychology.   A  state  board  for  psychology
shall  be  appointed  by  the  board of regents on recommendation of the
commissioner for the purpose of assisting the board of regents  and  the
department on matters of professional licensing and professional conduct
in  accordance with section sixty-five hundred eight of this title.  The
board shall be composed of not less than eleven [psychologists  licensed
in  this  state]  MEMBERS,  A  NUMBER  OF  WHOM SHALL BE LICENSED SCHOOL
PSYCHOLOGISTS SUFFICIENT TO ASSURE  MEANINGFUL  PARTICIPATION  IN  BOARD
ACTIVITIES.    An executive secretary to the board shall be appointed by
the board of regents upon the recommendation  of  the  commissioner  and
shall be a psychologist, licensed in this state.
  S  11.  Subdivisions 5, 10, 12, 16-a and 16-b of section 400.00 of the
penal law, subdivisions 5, 10 and 12 as amended  and  subdivisions  16-a
and  16-b as added by chapter 1 of the laws of 2013, are amended to read
as follows:
  5. Filing of approved applications.  [(a)]  The  application  for  any
license,  if  granted,  shall be filed by the licensing officer with the
clerk of the county of issuance, except that in the  city  of  New  York
and,  in the counties of Nassau and Suffolk, the licensing officer shall
designate the place of filing in the  appropriate  division,  bureau  or
unit  of the police department thereof, and in the county of Suffolk the
county clerk is hereby authorized to transfer all  records  or  applica-
tions  relating  to  firearms to the licensing authority of that county.
[Except as provided in paragraphs (b) through (f) of  this  subdivision,
the]  THE  name and address of any person to whom an application for any
license has been granted shall NOT be a public record. Upon  application
by  a  licensee  who  has changed his place of residence such records or
applications shall be transferred to  the  appropriate  officer  at  the
licensee's  new place of residence. A duplicate copy of such application
shall be filed by the licensing officer  in  the  executive  department,
division  of state police, Albany, within ten days after issuance of the
license. The superintendent of state  police  may  designate  that  such
application  shall  be transmitted to the division of state police elec-
tronically. In the event the superintendent of  the  division  of  state
police  determines that it lacks any of the records required to be filed
with the division, it may request that such records be provided to it by
the appropriate clerk, department or authority and such  clerk,  depart-
ment  or  authority shall provide the division with such records. In the
event such clerk, department or authority lacks such records, the  divi-
sion  may  request  the license holder provide information sufficient to
constitute such record and such license holder shall provide  the  divi-
sion  with  such  information.  Such information shall be limited to the
license holder's name, date of birth, gender,race, residential  address,
social  security  number  and firearms possessed by said license holder.
Nothing in this subdivision shall be construed to change the  expiration
date or term of such licenses if otherwise provided for in law. [Records
assembled  or collected for purposes of inclusion in the database estab-
lished by this section shall be released  pursuant  to  a  court  order.
Records assembled or collected for purposes of inclusion in the database
created  pursuant to section 400.02 of this chapter shall not be subject
to disclosure pursuant to article six of the public officers law.

A. 8159                            11

  (b) Each application for a license pursuant to paragraph (a)  of  this
subdivision  shall  include,  on a separate written form prepared by the
division of state police within thirty days of the effective date of the
chapter of the  laws  of  two  thousand  thirteen,  which  amended  this
section,  and provided to the applicant at the same time and in the same
manner as the application for a license, an opportunity for  the  appli-
cant  to  request  an  exception from his or her application information
becoming public record pursuant to paragraph (a)  of  this  subdivision.
Such  forms,  which  shall also be made available to individuals who had
applied for or been granted a license prior to the effective date of the
chapter of the laws of two thousand thirteen which amended this section,
shall notify applicants that, upon discovery that an applicant knowingly
provided false information, such applicant may be subject  to  penalties
pursuant to section 175.30 of this chapter, and further, that his or her
request  for  an exception shall be null and void, provided that written
notice containing such  determination  is  provided  to  the  applicant.
Further, such forms shall provide each applicant an opportunity to spec-
ify  the  grounds  on  which  he  or she believes his or her application
information should not be publicly disclosed. These grounds, which shall
be identified on the application with a box beside each for checking, as
applicable, by the applicant, shall be as follows:
  (i) the applicant's life or safety may  be  endangered  by  disclosure
because:
  (A)  the applicant is an active or retired police officer, peace offi-
cer, probation officer, parole officer, or corrections officer;
  (B) the applicant is a protected person under a currently valid  order
of protection;
  (C) the applicant is or was a witness in a criminal proceeding involv-
ing a criminal charge;
  (D)  the  applicant  is  participating or previously participated as a
juror in a criminal proceeding, or is or was a member of a  grand  jury;
or
  (E) the applicant is a spouse, domestic partner or household member of
a  person  identified  in this subparagraph or subparagraph (ii) of this
paragraph, specifying which subparagraph or  subparagraphs  and  clauses
apply.
  (ii) the applicant has reason to believe his or her life or safety may
be endangered by disclosure due to reasons stated by the applicant.
  (iii)  the applicant has reason to believe he or she may be subject to
unwarranted harassment upon disclosure of such information.
  (c) Each form provided for recertification pursuant to  paragraph  (b)
of  subdivision ten of this section shall include an opportunity for the
applicant to request an exception from the information provided on  such
form  becoming  public record pursuant to paragraph (a) of this subdivi-
sion. Such forms shall notify applicants that, upon  discovery  that  an
applicant  knowingly  provided  false information, such applicant may be
subject to penalties pursuant to section 175.30  of  this  chapter,  and
further,  that  his  or  her  request for an exception shall be null and
void, provided that written  notice  containing  such  determination  is
provided to the applicant. Further, such forms shall provide each appli-
cant  an opportunity to either decline to request the grant or continua-
tion of an exception, or specify the grounds on which he or she believes
his or her information should not be publicly disclosed. These  grounds,
which  shall be identified in the application with a box beside each for
checking, as applicable, by the applicant, shall be the same as provided
in paragraph (b) of this subdivision.

A. 8159                            12

  (d) Information submitted on the forms described in paragraph  (b)  of
this subdivision shall be excepted from disclosure and maintained by the
entity  retaining  such  information  separate  and apart from all other
records.
  (e)  (i)  Upon  receiving a request for exception from disclosure, the
licensing officer shall grant such  exception,  unless  the  request  is
determined to be null and void, pursuant to paragraph (b) or (c) of this
subdivision.
  (ii)  A  request  for an exception from disclosure may be submitted at
any time, including after a license or recertification has been granted.
  (iii) If an exception is sought and granted pursuant to paragraph  (b)
of  this  subdivision,  the  application information shall not be public
record, unless the request is determined to be  null  and  void.  If  an
exception is sought and granted pursuant to paragraph (c) of this subdi-
vision,  the  information  concerning  such  recertification application
shall not be public record, unless the request is determined to be  null
and void.
  (f) The information of licensees or applicants for a license shall not
be  disclosed  to  the  public  during the first one hundred twenty days
following the effective date of the chapter of the laws of two  thousand
thirteen, which amended this section. After such period, the information
of  those  who  had  applied  for or been granted a license prior to the
preparation of the form for requesting an exception, pursuant  to  para-
graph  (b) of this subdivision, may be released only if such individuals
did not file a request for such an exception during the first sixty days
following such  preparation;  provided,  however,  that  no  information
contained  in  an  application for licensure or recertification shall be
disclosed by an entity  that  has  not  completed  processing  any  such
requests received during such sixty days.
  (g)  If  a  request for an exception is determined to be null and void
pursuant to paragraph (b) or (c) of this subdivision, an  applicant  may
request  review  of such determination pursuant to article seventy-eight
of the civil practice laws and  rules.  Such  proceeding  must  commence
within  thirty  days  after service of the written notice containing the
adverse determination. Notice of the right to commence such a  petition,
and  the  time  period  therefor, shall be included in the notice of the
determination. Disclosure following such a petition shall  not  be  made
prior to the disposition of such review.]
  10.  License: expiration, certification and renewal. [(a)] Any license
for gunsmith or dealer in firearms and, in the city  of  New  York,  any
license  to  carry  or  possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first  day  of  July,  nineteen
hundred  sixty-three  and not limited to expire on an earlier date fixed
in the license, shall expire not more than three years after the date of
issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
license  to  carry  or  possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first  day  of  July,  nineteen
hundred  sixty-three  and not limited to expire on an earlier date fixed
in the license, shall expire not more than five years after the date  of
issuance;  however, in the county of Westchester, any such license shall
be certified prior to the first day of April, two thousand,  in  accord-
ance  with  a schedule to be contained in regulations promulgated by the
commissioner of the division of criminal  justice  services,  and  every
such  license  shall  be  recertified  every  five years thereafter. For
purposes of this section certification  shall  mean  that  the  licensee
shall  provide  to the licensing officer the following information only:

A. 8159                            13

current name, date of birth, current address, and the make, model, cali-
ber and serial number of all firearms currently possessed. Such  certif-
ication  information shall be filed by the licensing officer in the same
manner  as  an amendment. Elsewhere than in the city of New York and the
counties of Nassau, Suffolk and Westchester, any  license  to  carry  or
possess  a  pistol  or  revolver,  issued  at  any time pursuant to this
section or prior to the first day of July, nineteen hundred  sixty-three
and  not  previously  revoked or cancelled, shall be in force and effect
until revoked as herein provided. Any license not  previously  cancelled
or  revoked shall remain in full force and effect for thirty days beyond
the stated expiration date on such license. Any application to  renew  a
license that has not previously expired, been revoked or cancelled shall
thereby extend the term of the license until disposition of the applica-
tion  by the licensing officer. In the case of a license for gunsmith or
dealer in firearms, in counties having a population  of  less  than  two
hundred  thousand  inhabitants,  photographs  and  fingerprints shall be
submitted on original applications and upon renewal thereafter  only  at
six  year  intervals.  Upon  satisfactory  proof  that a currently valid
original license has been despoiled, lost or otherwise removed from  the
possession of the licensee and upon application containing an additional
photograph  of  the licensee, the licensing officer shall issue a dupli-
cate license.
  [(b) All licensees shall be  recertified  to  the  division  of  state
police every five years thereafter. Any license issued before the effec-
tive  date  of  the  chapter  of the laws of two thousand thirteen which
added this paragraph shall be recertified by the licensee on  or  before
January  thirty-first, two thousand eighteen, and not less than one year
prior to such date, the state police shall send a notice to all  license
holders  who  have  not  recertified  by such time. Such recertification
shall be in a form as approved by the superintendent  of  state  police,
which  shall  request  the license holder's name, date of birth, gender,
race, residential address, social security number, firearms possessed by
such license holder, email address at the option of the  license  holder
and  an  affirmation  that  such  license  holder is not prohibited from
possessing firearms. The form may be in an electronic form if so  desig-
nated  by the superintendent of state police. Failure to recertify shall
act as a revocation of such  license.  If  the  New  York  state  police
discover  as  a  result  of  the recertification process that a licensee
failed to provide a change of address, the New York state  police  shall
not require the licensing officer to revoke such license.]
  12.  Records required of gunsmiths and dealers in firearms. Any person
licensed as gunsmith or dealer in firearms  shall  keep  a  record  book
approved  as to form, except in the city of New York, by the superinten-
dent of state police. In the record book shall be entered at the time of
every transaction involving a firearm the date,  name,  age,  occupation
and residence of any person from whom a firearm is received or to whom a
firearm  is delivered, and the calibre, make, model, manufacturer's name
and serial number, or if none, any other distinguishing number or  iden-
tification  mark  on  such  firearm.  Before delivering a firearm to any
person, the licensee shall require him to produce either a license valid
under this section to carry or possess the  same,  or  proof  of  lawful
authority  as  an exempt person pursuant to section 265.20. In addition,
before delivering a firearm to a peace officer, the licensee shall veri-
fy that person's status as a peace officer with the  division  of  state
police.  After  completing  the foregoing, the licensee shall remove and
retain the attached coupon and enter in the record book the date of such

A. 8159                            14

license, number, if any, and name of the licensing officer, in the  case
of  the  holder of a license to carry or possess, or the shield or other
number, if any, assignment and department, unit or agency, in  the  case
of  an exempt person. The original transaction report shall be forwarded
to the division of state police within ten days of delivering a  firearm
to  any  person, and a duplicate copy shall be kept by the licensee. The
superintendent of state police may designate that such record  shall  be
completed  and transmitted in electronic form. A dealer may be granted a
waiver from transmitting such records in electronic form if  the  super-
intendent  determines that such dealer is incapable of such transmission
due to technological limitations that  are  not  reasonably  within  the
control  of  the dealer, or other exceptional circumstances demonstrated
by the dealer, pursuant to a process established in regulation,  and  at
the  discretion  of  the superintendent. [Records assembled or collected
for purposes of inclusion in the database created  pursuant  to  section
400.02  of  this  article shall not be subject to disclosure pursuant to
article six of the public officers law.] The record book shall be  main-
tained  on the premises mentioned and described in the license and shall
be open at all reasonable hours for inspection  by  any  peace  officer,
acting  pursuant  to his special duties, or police officer. In the event
of cancellation or revocation of the license for gunsmith or  dealer  in
firearms,  or discontinuance of business by a licensee, such record book
shall be immediately surrendered to the licensing officer in the city of
New York, and in the counties of Nassau and Suffolk,  and  elsewhere  in
the state to the executive department, division of state police.
  16-a. [Registration. (a) An owner of a weapon defined in paragraph (e)
or  (f)  of  subdivision  twenty-two  of section 265.00 of this chapter,
possessed before the date of the effective date of the  chapter  of  the
laws  of  two thousand thirteen which added this paragraph, must make an
application to register such weapon with  the  superintendent  of  state
police,  in  the manner provided by the superintendent, or by amending a
license issued pursuant to this section within one year of the effective
date of this subdivision except any weapon  defined  under  subparagraph
(vi)  of  paragraph  (g)  of subdivision twenty-two of section 265.00 of
this chapter transferred into the state may be registered at  any  time,
provided  such weapons are registered within thirty days of their trans-
fer into the state. Registration information shall  include  the  regis-
trant's  name,  date of birth, gender, race, residential address, social
security number and a description of each  weapon  being  registered.  A
registration  of any weapon defined under subparagraph (vi) of paragraph
(g) of subdivision twenty-two of section 265.00 or a feeding  device  as
defined under subdivision twenty-three of section 265.00 of this chapter
shall  be  transferable,  provided  that  the  seller notifies the state
police within seventy-two hours of the transfer and the  buyer  provides
the  state  police with information sufficient to constitute a registra-
tion under this section. Such registration shall not be  valid  if  such
registrant is prohibited or becomes prohibited from possessing a firearm
pursuant  to  state  or  federal law. The superintendent shall determine
whether such registrant is prohibited from possessing  a  firearm  under
state or federal law. Such check shall be limited to determining whether
the  factors  in  18  USC 922 (g) apply or whether a registrant has been
convicted of a serious offense as defined in  subdivision  sixteen-b  of
section  265.00  of this chapter, so as to prohibit such registrant from
possessing a firearm, and whether a report has been issued  pursuant  to
section  9.46 of the mental hygiene law. All registrants shall recertify

A. 8159                            15

to the division of state police every five years thereafter. Failure  to
recertify shall result in a revocation of such registration.
  (b)  The  superintendent  of state police shall create and maintain an
internet website to educate the public as to which semiautomatic  rifle,
semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
as  a result of the enactment of the chapter of the laws of two thousand
thirteen which added this paragraph, as well  as  such  assault  weapons
which  are  illegal  pursuant  to article two hundred sixty-five of this
chapter. Such website shall contain information to assist the public  in
recognizing the relevant features proscribed by such article two hundred
sixty-five,  as  well  as  which  make and model of weapons that require
registration.
  (c) A person who knowingly fails to apply to register such weapon,  as
required  by  this section, within one year of the effective date of the
chapter of the laws of two thousand thirteen which added this  paragraph
shall be guilty of a class A misdemeanor and such person who unknowingly
fails  to validly register such weapon within such one year period shall
be given a warning by an appropriate  law  enforcement  authority  about
such  failure  and  given thirty days in which to apply to register such
weapon or to surrender it. A failure to apply or surrender  such  weapon
within  such thirty-day period shall result in such weapon being removed
by an appropriate law enforcement authority and declared a nuisance.
  16-b.] The cost of the software, programming and interface required to
transmit any record that must be electronically transmitted by the deal-
er or licensing officer to the division of state police pursuant to this
chapter shall be borne by the state.
  S 12. Subdivision 24 of section 265.00 of the penal law is REPEALED.
  S 13. Paragraph 3 of subdivision a of section 265.20 of the penal law,
as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
follows:
  3.  Possession  of  a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or  400.01  of
this  chapter  [or possession of a weapon as defined in paragraph (e) or
(f) of subdivision twenty-two of section 265.00 of this article which is
registered pursuant to paragraph (a) of subdivision sixteen-a of section
400.00 of this chapter or is  included  on  an  amended  license  issued
pursuant to section 400.00 of this chapter. In the event such license is
revoked,  other  than  because  such  licensee is no longer permitted to
possess a firearm, rifle or shotgun under federal or state law, informa-
tion sufficient to satisfy the requirements of subdivision sixteen-a  of
section  400.00  of  this chapter, shall be transmitted by the licensing
officer to the state police, in a form as determined by the  superinten-
dent  of state police. Such transmission shall constitute a valid regis-
tration under such section. Further provided, notwithstanding any  other
section  of this title, a failure to register such weapon by an individ-
ual who possesses such weapon before the enactment of the chapter of the
laws of two thousand thirteen which amended this paragraph  and  may  so
lawfully  possess it thereafter upon registration, shall only be subject
to punishment pursuant to paragraph  (c)  of  subdivision  sixteen-a  of
section  400.00  of  this  chapter];  provided,  that such a license [or
registration] shall not preclude a conviction for the offense defined in
[subdivision three  of  section  265.01  of  this  article  or]  section
265.01-a of this article.
  S  14. Section 400.10 of the penal law, as amended by chapter 1 of the
laws of 2013, is amended to read as follows:
S 400.10 Report of theft or loss of a firearm, rifle or shotgun.

A. 8159                            16

  1. (a) Any owner or other person lawfully in possession  of[:  (i)]  a
firearm,  rifle  or, shotgun who suffers the loss or theft of said weap-
on[; (ii) ammunition as well as a firearm, rifle or shotgun who  suffers
the  loss  or  theft  of  such ammunition as well as a firearm, rifle or
shotgun;  or  (iii)  ammunition and is a dealer in firearms or seller of
ammunition who suffers the loss or theft of such ammunition] shall with-
in twenty-four hours of the discovery of the loss or  theft  report  the
facts  and  circumstances of the loss or theft to a police department or
sheriff's office.
  (b) Whenever a person reports the theft or loss of a firearm, rifle[,]
OR shotgun [or ammunition] to any police department or sheriff's office,
the officer or department receiving such report shall forward notice  of
such  theft  or  loss  to  the division of state police via the New York
Statewide Police Information Network. The notice shall contain  informa-
tion  in  compliance  with  the  New  York  Statewide Police Information
Network Operating Manual, including the caliber, make,  model,  manufac-
turer's  name  and  serial  number, if any, and any other distinguishing
number or identification mark on the weapon.
  2. The division of state police shall receive, collect  and  file  the
information referred to in subdivision one of this section. The division
shall  cooperate,  and  undertake  to  furnish  or make available to law
enforcement agencies this information, for the purpose  of  coordinating
law enforcement efforts to locate such weapons.
  3.  Notwithstanding  any  other provision of law, a violation of para-
graph (a) of subdivision one of this section shall be a class  A  misde-
meanor.
  S  15.  Subdivision  (b) of section 9.46 of the mental hygiene law, as
added by chapter 1 of the laws of 2013, is amended to read as follows:
  (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
health  professional  currently providing treatment services to a person
determines, in the exercise of reasonable  professional  judgment,  that
such  person is likely to engage in conduct that would result in serious
harm to self or others, he or she shall be required to report,  as  soon
as practicable, to the director of community services, or the director's
designee,  who shall report to the division of criminal justice services
whenever he or she agrees that the person is likely to  engage  in  such
conduct.  Information  transmitted  to  the division of criminal justice
services shall be limited to names and  other  non-clinical  identifying
information  WHICH  SHALL INCLUDE AT LEAST TWO OF THE FOLLOWING:  BIRTH-
DATE, SOCIAL SECURITY NUMBER OR CURRENT ADDRESS, which may only be  used
for  determining  whether a license issued pursuant to section 400.00 of
the penal law should be suspended or revoked, or for determining whether
a person is ineligible for a license issued pursuant to  section  400.00
of  the  penal law, or is no longer permitted under state or federal law
to possess a firearm.
  S 16. Subdivision 19 of section 837 of the executive law, as added  by
chapter 1 of the laws of 2013, is amended to read as follows:
  19.  Receive  names  and  other  non-clinical identifying information,
WHICH SHALL INCLUDE AT LEAST TWO OF THE FOLLOWING:    BIRTHDATE,  SOCIAL
SECURITY  NUMBER  OR  CURRENT  ADDRESS,  pursuant to section 9.46 of the
mental hygiene law; provided, however, any  such  information  shall  be
destroyed  five  years  after  such receipt, or pursuant to a proceeding
brought under article seventy-eight of the civil practice law and  rules
determining  that  an  individual  is eligible for a license pursuant to
section 400.00 of the penal law and otherwise  permitted  to  possess  a
firearm.

A. 8159                            17

  S  17.  Paragraphs  (b) and (c) of subdivision 11 of section 400.00 of
the penal law, as added by chapter 1 of the laws of 2013, are amended to
read as follows:
  (b) Whenever the director of community services or his or her designee
makes  a  report pursuant to section 9.46 of the mental hygiene law, the
division of criminal justice services shall  [convey  such  information,
whenever  it  determines that] DETERMINE WHETHER the person named in the
report possesses a license issued pursuant to  this  section[,  to].  IT
SHALL BE THE RESPONSIBILITY OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
TO  CONFIRM  THAT  THE  PERSON NAMED IN THE REPORT IS THE SAME PERSON TO
WHOM SUCH LICENSE HAS BEEN ISSUED. AFTER SUCH CONFIRMATION IS MADE,  THE
DIVISION  SHALL NOTIFY the appropriate licensing [official] OFFICER, who
shall issue an order suspending or revoking such license.  THE  LICENSEE
SHALL HAVE THE RIGHT TO A HEARING BEFORE THE LICENSING OFFICER REGARDING
ANY  REVOCATION, SUSPENSION, INELIGIBILITY OR SURRENDER ORDERED PURSUANT
TO THIS SUBDIVISION AND WHERE SUCH A HEARING IS REQUESTED, IT  SHALL  BE
COMMENCED  WITHIN FOURTEEN DAYS OF THE DATE SUCH REVOCATION, SUSPENSION,
INELIGIBILITY OR SURRENDER IS ORDERED.
  (c) In any instance in  which  a  person's  license  is  suspended  or
revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
shall surrender such license to  the  appropriate  licensing  [official]
OFFICER and any and all firearms, rifles, or shotguns owned or possessed
by  such  person  shall be surrendered to an appropriate law enforcement
agency as provided in subparagraph (f) of paragraph one of subdivision a
of section 265.20 of this chapter. In the event such  license,  firearm,
shotgun,  or  rifle is not surrendered, such items shall be removed [and
declared a nuisance] and any police  officer  or  peace  officer  acting
pursuant  to  his  or her special duties is authorized to remove any and
all such weapons.
  S 18. This act shall  take  effect  immediately;  provided  that:  the
amendments  to  subdivisions  10, 12, 16-b and paragraphs (b) and (c) of
subdivision 11 of section 400.00 of the penal law made by sections elev-
en and seventeen of this act shall take effect on the same date  and  in
the  same  manner  as  section 48 of chapter 1 of the laws of 2013 takes
effect; and sections seven, eight, nine and ten of this act  shall  take
effect  January  1, 2014, provided, however, that if section 3 of part D
of chapter 501 of the laws of 2012 is not in effect  on  such  effective
date,  then  the amendments to paragraph (a) of subdivision 1 of section
413 of the social services law made by section nine of  this  act  shall
take  effect  on the same date and same manner as section 3 of part D of
chapter 501 of the laws of 2012,  as  amended,  takes  effect;  provided
further that the department of education is authorized to promulgate any
and  all  rules  and regulations and take any other measure necessary to
implement such provisions on or before their effective date,  including,
but  not  limited  to, the appointment of the state board of psychology,
the acceptance and processing of  applications  for  licensure  and  the
issuance  of  licenses;  provided further that the provisions of article
167 of the education law, as added by section seven of this act, requir-
ing a license or limited permit to practice under such article shall not
be enforced until January 1, 2015.