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

                                  3697

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M. of A. CORWIN, STEC, MONTESANO, GRAF, BARCLAY, CROUCH,
  HAWLEY -- Multi-Sponsored by --  M.  of  A.  BORELLI,  DUPREY,  FINCH,
  GIGLIO,  GOODELL,  MAGEE,  McDONOUGH,  TENNEY, WALTER -- 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04616-01-5

A. 3697                             2
              

  (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
  (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;

A. 3697                             3

  (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-
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:

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  (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;
  (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

A. 3697                             5

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:
  (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 (h) to read as follows:
  (H)  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 166-A to
read as follows:
                               ARTICLE 166-A
                            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;

A. 3697                             6

  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;
  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

A. 3697                             7

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
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,

A. 3697                             8

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-
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 554 of the laws of 2013, 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,

A. 3697                             9

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, dental hygien-
ist, licensed behavior analyst, or certified behavior analyst  assistant
shall,  in  addition to all the other licensure, certification or permit
requirements, have completed two hours of coursework or training regard-
ing 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 infor-
mation 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 informa-
tion 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 satisfaction,  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 separately amended by chapters 126 and 205 of the laws
of 2014, 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;  licensed  behavior analyst; certified behavior
analyst assistant; hospital personnel engaged in the admission, examina-
tion, care or treatment of persons; a  Christian  Science  practitioner;
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; full or part-

A. 3697                            10

time compensated school employee required to hold a  temporary  coaching
license  or  professional  coaching 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; employee
or  volunteer  in  a  residential  care  facility  for  children that is
licensed, certified or operated by the office  of  children  and  family
services;  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
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, paragraph  (a-1)  of
subdivision 16-a as added by chapter 98 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-

A. 3697                            11

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.
  (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-

A. 3697                            12

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.
  (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

A. 3697                            13

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:
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

A. 3697                            14

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
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

A. 3697                            15

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
to the division of state police every five years thereafter. Failure  to
recertify shall result in a revocation of such registration.
  (a-1)  Notwithstanding any inconsistent provisions of paragraph (a) of
this subdivision, an owner of an assault weapon as defined  in  subdivi-
sion  twenty-two  of  section 265.00 of this chapter, who is a qualified
retired New York or federal law enforcement officer as defined in subdi-
vision twenty-five of section 265.00 of this chapter, where such  weapon
was  issued  to  or purchased by such officer prior to retirement and in
the course of his or her official duties, and for which such officer was
qualified by the agency that employed such officer within twelve  months
prior  to  his or her retirement, must register such weapon within sixty
days of retirement.
  (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

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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.
  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

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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.
  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:  sections
seven,  eight,  nine  and  ten  of this act shall take effect January 1,
2016, 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

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of  psychology, the acceptance and processing of applications for licen-
sure and the issuance of licenses; provided further that the  provisions
of article 166-A of the education law, as added by section seven of this
act,  requiring a license or limited permit to practice under such arti-
cle shall not be enforced until January 1, 2017.