Senate Bill S4279

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4279
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sens. RIVERA, SALAZAR, SERRANO -- read twice and ordered
   printed, and when printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, the election law, the public officers
   law, the tax law, the general obligations law, the education law,  the
   alcoholic  beverage  control law, the general city law, chapter 882 of
   the laws of 1953, establishing a compact with the state of New  Jersey
   for  the elimination of criminal and corrupt practices in the handling
   of waterborne freight within the port of New York district, the public
   health law, the general business law, the real property law, the judi-
   ciary law, the social services law and the correction law, in relation
   to enacting the "New York is home act" to  establish  New  York  state
   citizenship,  regardless  of federal immigration status, and requiring
   the provision of certain rights of such citizenship; to repeal section
   131-k of the social services law relating to illegal aliens
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York is home act".
   § 2. Legislative findings. The legislature hereby finds that New  York
 is  home to over 19.5 million individuals, including workers, consumers,
 students, neighbors and taxpayers. The wellbeing of this state is  inex-
 tricably  linked  to  the  wellbeing of all these New Yorkers. These New
 Yorkers share a common destiny and common dreams: a  thriving  New  York
 state  replete  with  healthy families, healthy communities and striving
 businesses. New York is home to these individuals, regardless  of  their
 federal immigration status.
   This act addresses the compelling need to lift up all state residents,
 upon  whom  this  state's  society, vibrancy, health and economic growth
 depend. Our state recognizes the value of those who  contribute  to  and
 make our state home.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07872-01-1
              

 S. 4279                             2
 
   It  also makes economic sense to enable all New Yorkers, who are pres-
 ent in and a part of the fabric of our state, to contribute fully to our
 state revenue, to participate in our state conversations, and to  access
 benefits  that are the foundation of a healthy, thriving New York state.
 Although the futures of many New Yorkers are undeniably circumscribed by
 current federal immigration law, many of those New Yorkers also enjoy an
 inchoate  federal  permission to be here, and this state enables them to
 make our state their home, as well. Many of these New Yorkers pay taxes,
 with approximately $744 million paid in state and local taxes each year.
 However, current state law prevents them  from  accessing  equal  higher
 education opportunities, health care benefits and professional licenses.
 Denying  New  Yorkers  these  benefits  means denying the state its full
 potential to succeed.
   The state of New York respects the exclusive province of  the  federal
 government  to  regulate immigration and the flow of immigrants into and
 out of our country. However, this state retains and asserts its historic
 authority to define its citizenry, and to  affirmatively  provide  state
 and  local  public  benefits  to  citizens of the state of New York. The
 state seeks to provide such benefits to all of its  citizens,  irrespec-
 tive  of that individual's eligibility for the same under federal law or
 pursuant to federal funding. There is nothing in this act that should be
 deemed to conflict with federal law.
   § 3. The executive law is amended by adding a new article 14-A to read
 as follows:
                               ARTICLE 14-A
                        NEW YORK STATE CITIZENSHIP
 SECTION 275.   DEFINITIONS.
         275-A. STATE CITIZENSHIP; ADMINISTRATION.
         275-B. ELIGIBILITY CRITERIA.
         275-C. ACCEPTABILITY; BENEFITS.
         275-D. STATE AGENCY REVIEW.
         275-E. SEVERABILITY.
         275-F. LOCAL LAWS.
   § 275. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "NEW YORK STATE CITIZEN" OR "CITIZEN" SHALL MEAN ANY INDIVIDUAL WHO
 SATISFIES THE REQUIREMENTS OF SUBDIVISION ONE  OF  SECTION  TWO  HUNDRED
 SEVENTY-FIVE-C OF THIS ARTICLE.
   2.  "NEW YORK STATE IDENTIFICATION CARD" SHALL MEAN THE PHYSICAL IDEN-
 TIFICATION CARD THAT  A  CITIZEN  IS  ELIGIBLE  TO  RECEIVE,  AND  WHICH
 INCLUDES  THAT  CITIZEN'S  NEW YORK STATE IDENTIFICATION NUMBER AND SUCH
 CARD'S DATE OF ISSUANCE.
   3. "NEW YORK STATE IDENTIFICATION NUMBER" SHALL MEAN THE UNIQUE  IDEN-
 TIFICATION  NUMBER  THAT  A  CITIZEN IS ASSIGNED BY THE OFFICE AND WHICH
 APPEARS ON SUCH CITIZEN'S NEW YORK STATE IDENTIFICATION CARD.
   4. "OFFICE" SHALL MEAN THE OFFICE FOR  NEW  AMERICANS  ESTABLISHED  BY
 SECTION NINETY-FOUR-B OF THIS CHAPTER.
   § 275-A. STATE CITIZENSHIP; ADMINISTRATION.  1. THE PROVISIONS OF THIS
 ARTICLE SHALL BE ADMINISTERED BY THE OFFICE. THE OFFICE SHALL:
   (A)  RECOGNIZE  THE  NEW  YORK  STATE  CITIZENSHIP  OF  ANY INDIVIDUAL
 DESCRIBED IN SUBDIVISION ONE OF SECTION TWO  HUNDRED  SEVENTY-FIVE-B  OF
 THIS  ARTICLE,  AND  GRANT  AND  RENEW NEW YORK STATE CITIZENSHIP TO ANY
 INDIVIDUAL WHO MEETS THE  CRITERIA  SET  FORTH  IN  SUBDIVISION  TWO  OF
 SECTION TWO HUNDRED SEVENTY-FIVE-B OF THIS ARTICLE;
   (B)  GRANT  A  NEW  YORK  STATE IDENTIFICATION CARD AND NEW YORK STATE
 IDENTIFICATION NUMBER TO ANY CITIZEN;

 S. 4279                             3
 
   (C) GRANT A RENEWED NEW YORK STATE IDENTIFICATION CARD  AND  NEW  YORK
 STATE  IDENTIFICATION NUMBER TO ANY CITIZEN DESCRIBED IN SUBDIVISION ONE
 OF SECTION TWO HUNDRED SEVENTY-FIVE-B OF THIS ARTICLE, AND TO ANY  CITI-
 ZEN  DESCRIBED  IN SUBDIVISION TWO OF SECTION TWO HUNDRED SEVENTY-FIVE-B
 OF  THIS  ARTICLE,  WHO  DEMONSTRATES  THAT THEY CONTINUE TO SATISFY THE
 CRITERIA SET FORTH THEREIN;
   (D) PROMULGATE RULES AND REGULATIONS TO EFFECT THE  PURPOSES  OF  THIS
 ARTICLE; AND
   (E)  ESTABLISH,  PUBLICIZE AND ADMINISTER PROCEDURES TO GRANT NEW YORK
 STATE CITIZENSHIP, NEW YORK STATE  IDENTIFICATION  CARDS  AND  NEW  YORK
 STATE IDENTIFICATION NUMBERS.
   2.  NEW YORK STATE CITIZENSHIP SHALL BE A CONTINUING STATUS THAT SHALL
 END WHEN AN INDIVIDUAL IS NO LONGER A RESIDENT OF  THE  STATE.  THE  NEW
 YORK  STATE IDENTIFICATION CARD AND NEW YORK STATE IDENTIFICATION NUMBER
 SHALL BE VALID FOR A PERIOD OF FIVE YEARS AFTER THE DATE OF ISSUANCE.
   § 275-B. ELIGIBILITY CRITERIA. ANY INDIVIDUAL, REGARDLESS  OF  HIS  OR
 HER  IMMIGRATION  STATUS, WHO MEETS EITHER OF THE FOLLOWING REQUIREMENTS
 SHALL BE DEEMED TO BE A CITIZEN:
   1. IS A RESIDENT OF THE STATE WHO IS A CITIZEN OF THE  UNITED  STATES;
 OR
   2. IS ADJUDGED BY THE OFFICE TO SATISFY ALL OF THE FOLLOWING CRITERIA:
   (A) HAS PROOF OF IDENTITY;
   (B) HAS BEEN A RESIDENT OF THE STATE FOR NOT LESS THAN THREE YEARS;
   (C) HAS PAID STATE RESIDENT PERSONAL INCOME TAXES, PURSUANT TO ARTICLE
 TWENTY-TWO  OF  THE TAX LAW, FOR A PERIOD OF NOT LESS THAN THREE TAXABLE
 YEARS; PROVIDED HOWEVER, THAT SUCH REQUIREMENT SHALL NOT APPLY TO  INDI-
 VIDUALS  WHO  ARE  STUDENTS,  PRIMARY  CAREGIVERS, UNABLE TO WORK DUE TO
 DISABILITY, UNEMPLOYED OR OTHERWISE NOT REQUIRED PURSUANT TO SUCH  ARTI-
 CLE OF THE TAX LAW TO REPORT HIS OR HER INCOME;
   (D)  HAS  PLEDGED  TO ABIDE BY THE LAWS OF THE STATE AND TO UPHOLD THE
 PROVISIONS OF THE STATE CONSTITUTION; AND
   (E) HAS ATTESTED TO HIS OR HER WILLINGNESS  TO  SERVE  ON  JURY  DUTY,
 PURSUANT TO ARTICLE SIXTEEN OF THE JUDICIARY LAW, AND TO CONTINUE TO PAY
 ANY TAXES REQUIRED TO BE PAID BY HIM OR HER PURSUANT TO ANY PROVISION OF
 STATE OR LOCAL LAW.
   3.  (A)  THE  STATE  SHALL  NOT  RETAIN ORIGINALS OR COPIES OF RECORDS
 PROVIDED BY AN APPLICANT TO PROVE IDENTITY OR RESIDENCY OR OTHER  ELIGI-
 BILITY REQUIREMENTS OF STATE CITIZENSHIP.
   (B) TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE FEDERAL AND STATE LAW,
 INFORMATION  COLLECTED  ABOUT  APPLICANTS FOR STATE CITIZENSHIP SHALL BE
 TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO  GOVERNMENT  ENTI-
 TIES OR PRIVATE PARTIES UNLESS SUCH DISCLOSURE IS:
   (I)  AUTHORIZED  IN WRITING BY THE INDIVIDUAL TO WHOM SUCH INFORMATION
 PERTAINS, OR IF SUCH INDIVIDUAL IS A MINOR OR IS OTHERWISE  NOT  LEGALLY
 COMPETENT, BY SUCH INDIVIDUAL'S PARENT OR LEGAL GUARDIAN; OR
   (II) SO ORDERED BY A COURT OF COMPETENT JURISDICTION.
   §  275-C.  ACCEPTABILITY; BENEFITS. 1. EXCEPT AS OTHERWISE PROVIDED BY
 FEDERAL LAW, A NEW YORK STATE IDENTIFICATION CARD SHALL BE ACCEPTED  AND
 BE  DEEMED  TO BE VALID GOVERNMENT IDENTIFICATION WHERE A STATE DRIVERS'
 LICENSE WOULD BE ACCEPTED, AND THE NEW YORK STATE IDENTIFICATION  NUMBER
 SHALL BE ACCEPTED FOR USE IN SUBSTITUTION FOR A SOCIAL SECURITY NUMBER.
   2.  ANY  PERSON IN POSSESSION OF A VALID NEW YORK STATE IDENTIFICATION
 CARD SHALL NOT BE DISQUALIFIED FROM ELIGIBILITY FOR ANY OF THE FOLLOWING
 STATE BENEFITS BY VIRTUE OF HIS OR HER LACK OF DOCUMENTATION OF  FEDERAL
 IMMIGRATION STATUS:

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   (A)  ANY  LICENSE,  PERMIT,  CERTIFICATE  OR  GRANT  OF PERMISSION, AS
 DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF SECTION 3-503 OF THE GENER-
 AL OBLIGATIONS LAW AND REQUIRED BY THE LAWS OF THIS STATE, ITS POLITICAL
 SUBDIVISIONS OR INSTRUMENTALITIES AS A CONDITION FOR THE LAWFUL PRACTICE
 OF  ANY OCCUPATION, EMPLOYMENT, TRADE, VOCATION, BUSINESS OR PROFESSION,
 AND ISSUED BY THE STATE OR ANY POLITICAL SUBDIVISION THEREOF;
   (B) THE ABILITY TO REGISTER FOR AND VOTE AT STATE AND LOCAL ELECTIONS,
 AS PROVIDED IN SECTION 5-100 OF THE ELECTION LAW;
   (C) PUBLIC HEALTH BENEFITS;
   (D) A DRIVERS' LICENSE, PURSUANT TO SECTION FIVE HUNDRED  TWO  OF  THE
 VEHICLE AND TRAFFIC LAW; AND
   (E)  BENEFITS GOVERNED BY ARTICLES THIRTEEN AND FOURTEEN OF THE EDUCA-
 TION LAW, SUCH  AS  GENERAL  AWARDS,  ACADEMIC  PERFORMANCE  AWARDS  AND
 STUDENT  LOANS  FOR HIGHER EDUCATION; ASSISTANCE UNDER THE HIGHER EDUCA-
 TION OPPORTUNITY PROGRAMS AND  THE  COLLEGIATE  SCIENCE  AND  TECHNOLOGY
 ENTRY  PROGRAM;  FINANCIAL  AID  OPPORTUNITIES FOR STUDENTS OF THE STATE
 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW  YORK  AND  COMMUNITY
 COLLEGES; AND THE NEW YORK STATE COLLEGE CHOICE TUITION SAVINGS PROGRAM.
   3.  NOTHING  IN THIS SECTION SHALL BE DEEMED TO DEPRIVE ANY INDIVIDUAL
 OF ANY BENEFIT RECEIVED BY HIM OR HER  PURSUANT  TO  LAW  PRIOR  TO  THE
 EFFECTIVE DATE OF THIS ARTICLE.
   §  275-D.  STATE AGENCY REVIEW.  ALL STATE AGENCIES SHALL REVIEW THEIR
 RULES AND REGULATIONS TO MAKE SURE THEY ARE CONSISTENT WITH  THIS  ARTI-
 CLE,  AND  MAKE SUCH NECESSARY CHANGES WITHIN ONE HUNDRED EIGHTY DAYS OF
 THE EFFECTIVE DATE OF THIS ARTICLE.
   § 275-E. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR
 PART  OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
 DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
 DATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN  ITS  OPERATION  TO
 THE  CLAUSE,  SENTENCE,  PARAGRAPH,  SECTION,  OR  PART THEREOF DIRECTLY
 INVOLVED IN THE CONTROVERSY IN  WHICH  SUCH  JUDGMENT  SHALL  HAVE  BEEN
 RENDERED.
   §  275-F.  LOCAL LAWS.   THIS ARTICLE SHALL NOT PREVENT THE ESTABLISH-
 MENT, CONTINUING IN EFFECT OR ENFORCEMENT OF ANY LAW  OR  REGULATION  OF
 ANY  POLITICAL  SUBDIVISION  OF  THE  STATE  THAT PROTECTS THE RIGHTS OR
 FOSTERS THE INTEGRATION OF NEW YORK  STATE  CITIZENS  IN  A  MANNER  NOT
 INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
   §  4. Subdivision 1 of section 5-102 of the election law is amended to
 read as follows:
   1. No person shall be qualified  to  register  for  and  vote  at  any
 election unless he OR SHE is a citizen of the United States OR HE OR SHE
 POSSESSES  A  NEW  YORK STATE IDENTIFICATION CARD, and is or will be, on
 the day of such election, eighteen years of age or over, and a  resident
 of this state and of the county, city or village for a minimum of thirty
 days next preceding such election.
   § 5. Subdivision 1 of section 3 of the public officers law, as amended
 by chapter 251 of the laws of 2014, is amended to read as follows:
   1. No person shall be capable of holding a civil office who shall not,
 at  the time he or she shall be chosen thereto, have attained the age of
 eighteen years, except that in the case of youth boards,  youth  commis-
 sions,  recreation  commissions,  or community boards in the city of New
 York only, members of such boards or commissions may be under the age of
 eighteen years, but must have attained the age of sixteen  years  on  or
 before  appointment  to  such  youth board, youth commission, recreation
 commission, or community board in the city of New York, be a citizen  of
 the  United States OR A NEW YORK STATE CITIZEN, a resident of the state,

 S. 4279                             5
 
 and if it be a local office, a resident of the political subdivision  or
 municipal  corporation of the state for which he or she shall be chosen,
 or within which the electors electing him or her reside, or within which
 his or her official functions are required to be exercised, or who shall
 have  been  or  shall be convicted of a violation of the selective draft
 act of the United  States,  enacted  May  eighteenth,  nineteen  hundred
 seventeen,  or  the  acts  amendatory or supplemental thereto, or of the
 federal selective training and service act of nineteen hundred forty  or
 the acts amendatory thereof or supplemental thereto.
   §  6.  Subparagraphs vii and viii of paragraph (b) of subdivision 2 of
 section 89 of the public officers law, as amended by section 2  of  part
 GGG  of chapter 59 of the laws of 2019, are amended and two new subpara-
 graphs ix and x are added to read as follows:
   vii. disclosure of electronic contact information, such as  an  e-mail
 address  or  a  social  network username, that has been collected from a
 taxpayer under section one hundred four of the real  property  tax  law;
 [or]
   viii.  disclosure  of law enforcement arrest or booking photographs of
 an individual, unless public release of such photographs  will  serve  a
 specific  law enforcement purpose and disclosure is not precluded by any
 state or federal laws[.];
   IX. DISCLOSURE OF INFORMATION USED TO OBTAIN NEW YORK  STATE  CITIZEN-
 SHIP  ON  A NEW YORK STATE IDENTIFICATION CARD INCLUDING BUT NOT LIMITED
 TO NAMES, ADDRESSES AND IDENTIFYING INFORMATION OF RECIPIENTS OR  APPLI-
 CANTS  OF  SUCH  CITIZENSHIP  OR  CARDS,  AND ANY INFORMATION THAT COULD
 REASONABLY BE EXPECTED TO LEAD TO SUCH DISCLOSURE; OR
   X. DISCLOSURE OF INFORMATION WHEN DISCLOSURE WOULD RESULT IN IDENTIFI-
 CATION OF PEOPLE WHO ARE NEW YORK STATE CITIZENS.
   § 7. Subdivision 2 of section 5 of the tax law, as amended by  chapter
 170 of the laws of 1994, is amended to read as follows:
   2.  Requiring information. Notwithstanding any other provision of law,
 every covered agency shall, as  part  of  the  procedure  for  granting,
 renewing, amending, supplementing or restating the license of any person
 or  at  the  time  the covered agency contracts to purchase or purchases
 goods or services or leases real or personal property from  any  person,
 require  that  each  such  person  provide  to  the  covered agency such
 person's federal social security account number [or],  federal  employer
 identification number OR NEW YORK STATE IDENTIFICATION NUMBER, or [both]
 ALL  such  numbers  when  such  person  has  [both]  MORE  THAN ONE such
 [numbers] NUMBER, or, where such person does not  have  such  number  or
 numbers, the reason or reasons why such person does not have such number
 or  numbers.  Such  numbers or reasons shall be obtained by such covered
 agency as part of the administration of the taxes  administered  by  the
 commissioner  for  the  purpose  of  establishing  the identification of
 persons affected by such taxes.
   § 8. Subparagraph 3 of paragraph (a) of subdivision 3 of section 5  of
 the  tax  law, as amended by chapter 170 of the laws of 1994, is amended
 to read as follows:
   (3) federal social security  account  number  [or],  federal  employer
 identification number OR NEW YORK STATE IDENTIFICATION NUMBER, or [both]
 ALL  such  numbers  where  such  person  has  [both]  MORE THAN ONE such
 [numbers] NUMBER, or the reason or reasons, furnished  by  such  person,
 why such person does not have such number or numbers.
   §  9.  The  opening paragraph of subdivision 2 of section 3-503 of the
 general obligations law, as amended by chapter 398 of the laws of  1997,
 is amended to read as follows:

 S. 4279                             6
 
   Every  applicant for a license or renewal thereof shall provide his or
 her social security number OR, IF HE OR SHE DOES NOT HAVE A SOCIAL SECU-
 RITY NUMBER, HIS OR HER NEW YORK  STATE  IDENTIFICATION  NUMBER  on  the
 application.    Additionally,  every  applicant for a license or renewal
 thereof  shall  certify  in the application in a written statement under
 oath, duly sworn and subscribed, that as of the date the application  is
 filed he or she is (or is not) under obligation to pay child support and
 that  if  he or she is under such an obligation, that he or she does (or
 does not) meet one of the following requirements:
   § 10. Paragraph (f) of subdivision 6 of section 6506 of the  education
 law,  as  amended by chapter 133 of the laws of 1982, is amended to read
 as follows:
   (f) Citizenship or immigration status:  be  a  United  States  citizen
 [or],  an  alien lawfully admitted for permanent residence in the United
 States OR A NEW YORK STATE CITIZEN;
   § 11. Subdivision 6 of section 6524 of the education law,  as  amended
 by chapter 379 of the laws of 2008, is amended to read as follows:
   (6)  Citizenship  or  immigration  status:  be a United States citizen
 [or], an alien lawfully admitted for permanent residence in  the  United
 States[;  provided,  however that the board of regents may grant a three
 year waiver for an alien physician to practice in an area which has been
 designated by the department as medically underserved, except  that  the
 board  of  regents  may  grant an additional extension not to exceed six
 years to an alien physician to enable him or her to  secure  citizenship
 or  permanent  resident  status,  provided such status is being actively
 pursued; and provided further that the board of  regents  may  grant  an
 additional  three year waiver, and at its expiration, an extension for a
 period not to exceed six additional years, for the  holder  of  an  H-1b
 visa,  an O-1 visa, or an equivalent or successor visa thereto] OR A NEW
 YORK STATE CITIZEN;
   § 12. Subdivision 6 of section 6554 of the education law,  as  amended
 by chapter 133 of the laws of 1982, is amended to read as follows:
   (6)  Citizenship  or  immigration  status:  be a United States citizen
 [or], an alien lawfully admitted for permanent residence in  the  United
 States OR A NEW YORK STATE CITIZEN;
   §  13.  Subdivision 6 of section 6604 of the education law, as amended
 by chapter 403 of the laws of 2002, is amended to read as follows:
   (6) Citizenship or immigration status:  be  a  United  States  citizen
 [or],  an  alien lawfully admitted for permanent residence in the United
 States[; provided, however, that the board of regents may grant a  three
 year  waiver  for  an alien to practice in an area which has been desig-
 nated a federal dental health professions shortage area, except that the
 board of regents may grant an additional extension  not  to  exceed  six
 years  to  an alien to enable him or her to secure citizenship or perma-
 nent resident status, provided such status is being actively pursued] OR
 A NEW YORK STATE CITIZEN;
   § 14. Subdivision 7 of section 6604-b of the education law,  as  added
 by chapter 537 of the laws of 2008, is amended to read as follows:
   7.  In order to be eligible for a restricted dental faculty license an
 applicant must be a United States citizen [or], an alien lawfully admit-
 ted for permanent residence in the United  States[;  provided,  however,
 that  the  department  may  grant  a  three year waiver for an alien who
 otherwise meets all other requirements for a restricted  dental  faculty
 license except that the department may grant an additional extension not
 to  exceed six years to an alien to enable him or her to secure citizen-
 ship or permanent resident status, provided such status is being active-

 S. 4279                             7

 ly pursued. No current faculty member shall be displaced by  the  holder
 of a restricted dental faculty license] OR A NEW YORK STATE CITIZEN.
   §  15.  Subdivision 6 of section 6609 of the education law, as amended
 by chapter 403 of the laws of 2002, is amended to read as follows:
   (6) Citizenship or immigration status:  be  a  United  States  citizen
 [or],  an  alien lawfully admitted for permanent residence in the United
 States[; provided, however, that the board of regents may grant a  three
 year  waiver  for  an alien to practice in an area which has been desig-
 nated a federal dental health professions shortage area, except that the
 board of regents may grant an additional extension  not  to  exceed  six
 years  to  an alien to enable him or her to secure citizenship or perma-
 nent resident status, provided such status is being actively pursued] OR
 A NEW YORK STATE CITIZEN;
   § 16. Subdivision 6 of section 6704 of the education law,  as  amended
 by chapter 201 of the laws of 2007, is amended to read as follows:
   (6)  Citizenship  or  immigration  status:  be a United States citizen
 [or], an alien lawfully admitted for permanent residence in  the  United
 States[;  provided,  however  that the board of regents may grant a one-
 time three-year waiver  for  a  veterinarian  who  otherwise  meets  the
 requirements  of  this article and who has accepted an offer to practice
 veterinary medicine in a county in the state which  the  department  has
 certified  as having a shortage of qualified applicants to fill existing
 vacancies in veterinary medicine, and provided further that the board of
 regents may grant an extension of such three-year  waiver  of  not  more
 than one year] OR A NEW YORK STATE CITIZEN;
   §  17.  Subdivision 6 of section 6711 of the education law, as amended
 by chapter 80 of the laws of 2000, is amended to read as follows:
   6. Citizenship or immigration status: be a United States citizen [or],
 an alien  lawfully  admitted  for  permanent  residence  in  the  United
 States[;  provided,  however  that the board of regents may grant a one-
 time three-year waiver for an animal  health  technician  who  otherwise
 meets  the  requirements  of  this article and provided further that the
 board of regents may grant an extension of such three-year waiver of not
 more than one year] OR A NEW YORK STATE CITIZEN;
   § 18. Subdivision 1 of section 6711-a of the education law, as amended
 by chapter 333 of the laws of 1990, is amended to read as follows:
   1. Eligibility. Persons shall be eligible for  a  limited  permit  who
 fulfill all requirements for a license as a veterinary technician except
 those  relating  to  the examination [and citizenship or permanent resi-
 dence in the United States].
   § 19. Paragraph 6 of subdivision 1 of section 6805  of  the  education
 law,  as  amended by chapter 133 of the laws of 1982, is amended to read
 as follows:
   (6) Citizenship or immigration status:  be  a  United  States  citizen
 [or],  an  alien lawfully admitted for permanent residence in the United
 States OR A NEW YORK STATE CITIZEN;
   § 20. Subdivision 6 of section 6955 of the education law, as added  by
 chapter 327 of the laws of 1992, is amended to read as follows:
   6. Citizenship or immigration status: be a United States citizen [or],
 an  alien lawfully admitted for permanent residence in the United States
 OR A NEW YORK STATE CITIZEN.
   § 21. Paragraph 6 of subdivision 1 of section 7206  of  the  education
 law,  as  amended by chapter 133 of the laws of 1982, is amended to read
 as follows:

 S. 4279                             8
 
   (6) Citizenship or immigration status:  be  a  United  States  citizen
 [or],  an  alien lawfully admitted for permanent residence in the United
 States OR A NEW YORK STATE CITIZEN;
   §  22. Paragraph 6 of subdivision 1 of section 7206-a of the education
 law, as amended by chapter 322 of the laws of 2019, is amended  to  read
 as follows:
   (6)  Citizenship  or  immigration  status:  be a United States citizen
 [or], an alien lawfully admitted for permanent residence in  the  United
 States OR A NEW YORK STATE CITIZEN;
   §  23.  Paragraph  6 of subdivision 1 of section 7324 of the education
 law, as amended by chapter 133 of the laws of 1982, is amended  to  read
 as follows:
   (6)  Citizenship  or  immigration  status:  be a United States citizen
 [or], an alien lawfully admitted for permanent residence in  the  United
 States OR A NEW YORK STATE CITIZEN;
   §  24.  Paragraph  6 of subdivision 1 of section 7504 of the education
 law, as amended by chapter 133 of the laws of 1982, is amended  to  read
 as follows:
   (6) Citizenship or immigration status: be a United States citizen [or]
 ,  an  alien  lawfully  admitted  for  permanent residence in the United
 States OR A NEW YORK STATE CITIZEN;
   § 25. Subdivision 5 of section 7804 of the education law,  as  amended
 by chapter 230 of the laws of 1997, is amended to read as follows:
   (5)  Citizenship  or  immigration  status:  be a United States citizen
 [or], an alien lawfully admitted for permanent residence in  the  United
 States OR A NEW YORK STATE CITIZEN;
   §  26.  Subdivisions  3 and 4 of section 126 of the alcoholic beverage
 control law, subdivision 3 as added by chapter 133 of the laws  of  1982
 and  subdivision  4  as  amended by section 50 of subpart B of part C of
 chapter 62 of the laws of 2011, are amended to read as follows:
   3. A person who is not a citizen of the United States [or],  an  alien
 lawfully  admitted for permanent residence in the United States OR A NEW
 YORK STATE CITIZEN.
   4. A copartnership or a corporation, unless each member of  the  part-
 nership,  or  each of the principal officers and directors of the corpo-
 ration, is a citizen of the United States [or], an alien lawfully admit-
 ted for permanent residence in the United States OR  A  NEW  YORK  STATE
 CITIZEN,  not  less  than  twenty-one  years  of  age,  and has not been
 convicted of any felony or any of the misdemeanors, specified in section
 eleven hundred forty-six of the former penal law as in force and  effect
 immediately  prior  to September first, nineteen hundred sixty-seven, or
 of an offense defined in section 230.20 or 230.40 of the penal  law,  or
 if  so  convicted has received, subsequent to such conviction, an execu-
 tive pardon therefor removing this  disability  a  certificate  of  good
 conduct  granted  by  the department of corrections and community super-
 vision, or a certificate of relief  from  disabilities  granted  by  the
 department  of  corrections and community supervision or a court of this
 state  pursuant  to  the  provisions  of  article  twenty-three  of  the
 correction  law  to  remove the disability under this section because of
 such conviction; provided however that  a  corporation  which  otherwise
 conforms to the requirements of this section and chapter may be licensed
 if  each  of its principal officers and more than one-half of its direc-
 tors are citizens of the United States [or],  aliens  lawfully  admitted
 for permanent residence in the United States OR NEW YORK STATE CITIZENS;
 and provided further that a corporation organized under the not-for-pro-
 fit corporation law or the education law which otherwise conforms to the

 S. 4279                             9
 
 requirements  of this section and chapter may be licensed if each of its
 principal officers and more than one-half of its directors are not  less
 than  twenty-one  years  of  age and none of its directors are less than
 eighteen years of age; and provided further that a corporation organized
 under  the  not-for-profit  corporation  law  or  the  education law and
 located on the premises of a college as defined by section  two  of  the
 education  law  which  otherwise  conforms  to  the requirements of this
 section and chapter may be licensed if each of  its  principal  officers
 and each of its directors are not less than eighteen years of age.
   § 27. Section 10 of the general city law, as amended by chapter 133 of
 the laws of 1982, is amended to read as follows:
   § 10. Licenses  to  adult  blind  persons. The mayor of any city shall
 have the power to issue a license to any  adult  blind  person  for  the
 vending  of  goods,  or  newspapers  in such places as he OR SHE may set
 aside for this purpose. The license shall be issued for a  term  of  one
 year and no charge shall be made for the license. A license shall not be
 issued  to a blind person unless he or she is a resident for three years
 in the city in which application for such license  is  made,  and  is  a
 citizen of the United States [or], an alien lawfully admitted for perma-
 nent residence in the United States OR A NEW YORK STATE CITIZEN.
   This license shall be revocable only for cause.
   §  28. Paragraphs (a) and (c) of subdivision 2 of article X of section
 1 of part I of chapter 882 of the laws of 1953, establishing  a  compact
 with the state of New Jersey for the elimination of criminal and corrupt
 practices  in  the handling of waterborne freight within the port of New
 York district, are amended to read as follows:
   (a) The full name, residence, business address  (if  any),  place  and
 date  of  birth,  and  THE  social security number OR THE NEW YORK STATE
 IDENTIFICATION NUMBER of the applicant;
   (c) The citizenship of the applicant and, if he OR SHE is  a  natural-
 ized  citizen  of  the  United  States, the court and date of his OR HER
 naturalization, OR IF HE OR SHE IS A NEW YORK STATE CITIZEN, THE DATE OF
 ISSUANCE OF HIS OR HER NEW YORK STATE IDENTIFICATION CARD; and
   § 29. Paragraph (a) of subdivision 2 of section  3421  of  the  public
 health law, as amended by chapter 534 of the laws of 1983, is amended to
 read as follows:
   (a) is a citizen of the United States [or], an alien lawfully admitted
 for  permanent  residence  in  the  United  States  OR  A NEW YORK STATE
 CITIZEN;
   § 30. Section 41 of the general business law, as  amended  by  chapter
 321 of the laws of 1983, is amended to read as follows:
   § 41. Licenses, how obtained; penalty for carrying on business without
 license.  The  mayor  or such local licensing authority may from time to
 time grant, under his OR HER hand and the official seal of  his  OR  HER
 office,  to  such  citizens  OF  THE UNITED STATES, [or] aliens lawfully
 admitted for permanent residence in the United States OR NEW YORK  STATE
 CITIZENS, as he OR SHE shall deem proper and who shall produce to him OR
 HER satisfactory evidence of their good character, a license authorizing
 such  person to carry on the business of a collateral loan broker, which
 license shall designate the house in which such person  shall  carry  on
 said  business,  and  no  person, corporation, partnership or firm shall
 carry on the business of a collateral loan  broker  without  being  duly
 licensed,  nor  in  any  other  house  than  the  one designated in said
 license, under a penalty of one hundred dollars for each day he, SHE  or
 they shall exercise or carry on said business without such license or at
 any  other  house  than the one so designated. Any person receiving such

 S. 4279                            10

 license shall pay therefor the sum of five hundred dollars for  the  use
 of the city yearly where such business is to be conducted in a city with
 a population of more than one million persons, and where the business is
 to  be conducted elsewhere the fee for such license shall not exceed two
 hundred fifty dollars yearly, and every such license  shall  expire  one
 year  from  the  date  thereof, and may be renewed on application to the
 mayor or local licensing authority each and every year on payment of the
 same sum and upon performance of the other conditions herein  contained.
 Every  person  so licensed shall, at the time of receiving such license,
 file with the mayor or such local licensing authority granting the  same
 a  bond  to  the  local  authorities,  to  be  executed by the person so
 licensed and by two responsible sureties, in the penal sum of ten  thou-
 sand dollars, to be approved by such mayor or local licensing authority,
 which  bond  shall  be  conditioned  for the faithful performance of the
 duties and obligations pertaining to the business so licensed,  and  the
 mayor  or  such  local  licensing  authority  shall  have full power and
 authority to revoke such license for cause.
   § 31. Section 460 of the judiciary law, as amended by chapter  226  of
 the laws of 1985, is amended to read as follows:
   § 460. Examination and admission of attorneys. An applicant for admis-
 sion  to  practice  as  an attorney or counsellor in this state, must be
 examined and licensed to practice as prescribed in this chapter  and  in
 the rules of the court of appeals.  Race, creed, color, national origin,
 alienage  [or], sex, STATUS AS A NEW YORK STATE CITIZEN OR FEDERAL IMMI-
 GRATION CARD shall constitute no cause for refusing any person  examina-
 tion or admission to practice.
   §  32.  Paragraphs  (a),  (b),  (c),  (d)  and (h) of subdivision 1 of
 section 296 of the executive law, paragraphs (a), (b), (c)  and  (d)  as
 amended  by chapter 8 and paragraph (a) as separately amended by chapter
 176 of the laws of 2019, and paragraph (h) as amended by chapter 161  of
 the laws of 2019, are amended to read as follows:
   (a)  For  an  employer or licensing agency, because of an individual's
 age, race, creed, color, national  origin,  sexual  orientation,  gender
 identity  or  expression, military status, sex, disability, predisposing
 genetic characteristics, STATUS AS A NEW YORK  STATE  CITIZEN,  familial
 status,  marital  status, or status as a victim of domestic violence, to
 refuse to hire or employ or to bar or to discharge from employment  such
 individual or to discriminate against such individual in compensation or
 in terms, conditions or privileges of employment.
   (b)  For  an  employment agency to discriminate against any individual
 because of age, race, creed, color, national origin, sexual orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing genetic characteristics, STATUS AS  A  NEW  YORK  STATE  CITIZEN,
 familial status, or marital status, in receiving, classifying, disposing
 or  otherwise  acting upon applications for its services or in referring
 an applicant or applicants to an employer or employers.
   (c) For a labor organization, because of the age, race, creed,  color,
 national  origin,  sexual  orientation,  gender  identity or expression,
 military status, sex, disability, predisposing genetic  characteristics,
 STATUS  AS  A NEW YORK STATE CITIZEN, familial status, or marital status
 of any individual, to exclude or to expel from its membership such indi-
 vidual or to discriminate in any way  against  any  of  its  members  or
 against any employer or any individual employed by an employer.
   (d)  For  any  employer  or employment agency to print or circulate or
 cause to be printed or circulated any statement, advertisement or publi-
 cation, or to use any form of application for employment or to make  any

 S. 4279                            11
 
 inquiry  in  connection  with  prospective  employment,  which expresses
 directly or indirectly, any limitation, specification or  discrimination
 as  to  age,  race,  creed,  color, national origin, sexual orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing  genetic  characteristics,  STATUS  AS  A NEW YORK STATE CITIZEN,
 familial status, or marital status, or any intent to make any such limi-
 tation, specification or discrimination, unless based upon a  bona  fide
 occupational  qualification;  provided, however, that neither this para-
 graph nor any provision of this chapter or other law shall be  construed
 to prohibit the department of civil service or the department of person-
 nel of any city containing more than one county from requesting informa-
 tion  from  applicants  for civil service examinations concerning any of
 the aforementioned characteristics, other than sexual  orientation,  for
 the purpose of conducting studies to identify and resolve possible prob-
 lems  in recruitment and testing of members of minority groups to insure
 the fairest possible and equal opportunities for employment in the civil
 service for all persons, regardless of age, race, creed, color, national
 origin, sexual orientation or gender identity  or  expression,  military
 status,  sex, disability, predisposing genetic characteristics, familial
 status, or marital status.
   (h) For an employer, licensing  agency,  employment  agency  or  labor
 organization to subject any individual to harassment because of an indi-
 vidual's  age,  race, creed, color, national origin, sexual orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing genetic characteristics, STATUS AS  A  NEW  YORK  STATE  CITIZEN,
 familial  status,  marital  status,  domestic violence victim status, or
 because the individual has opposed any practices  forbidden  under  this
 article  or  because  the individual has filed a complaint, testified or
 assisted in any proceeding under this  article,  regardless  of  whether
 such  harassment would be considered severe or pervasive under precedent
 applied to harassment claims. Such harassment is an unlawful discrimina-
 tory practice when it subjects an individual to inferior  terms,  condi-
 tions or privileges of employment because of the individual's membership
 in  one  or more of these protected categories. The fact that such indi-
 vidual did not make a complaint about the harassment to  such  employer,
 licensing  agency,  employment agency or labor organization shall not be
 determinative of whether such  employer,  licensing  agency,  employment
 agency  or  labor  organization shall be liable. Nothing in this section
 shall imply that an employee must demonstrate the existence of an  indi-
 vidual to whom the employee's treatment must be compared. It shall be an
 affirmative defense to liability under this subdivision that the harass-
 ing conduct does not rise above the level of what a reasonable victim of
 discrimination with the same protected characteristic or characteristics
 would consider petty slights or trivial inconveniences.
   § 33. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
 the  executive  law,  as  amended  by chapter 8 of the laws of 2019, are
 amended to read as follows:
   (b) To deny to or withhold from any person  because  of  race,  creed,
 color,   national   origin,   sexual  orientation,  gender  identity  or
 expression, military status, sex, age, disability, STATUS AS A NEW  YORK
 STATE  CITIZEN,  familial  status,  or  marital  status, the right to be
 admitted to or participate in  a  guidance  program,  an  apprenticeship
 training   program,  on-the-job  training  program,  executive  training
 program, or other occupational training or retraining program;
   (c) To discriminate against any person in his or her pursuit  of  such
 programs  or  to discriminate against such a person in the terms, condi-

 S. 4279                            12
 
 tions or privileges of such programs  because  of  race,  creed,  color,
 national  origin,  sexual  orientation,  gender  identity or expression,
 military status, sex, age, disability, STATUS AS A NEW YORK STATE  CITI-
 ZEN, familial status or marital status;
   (d)  To  print  or  circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for  such  programs or to make any inquiry in connection with such
 program which expresses, directly or indirectly, any  limitation,  spec-
 ification  or  discrimination as to race, creed, color, national origin,
 sexual orientation, gender identity or expression, military status, sex,
 age, disability, STATUS AS A NEW YORK STATE CITIZEN, familial status  or
 marital status, or any intention to make any such limitation, specifica-
 tion  or discrimination, unless based on a bona fide occupational quali-
 fication.
   § 34. Paragraph (a) of subdivision 2 of section 296 of  the  executive
 law,  as amended by chapter 8 of the laws of 2019, is amended to read as
 follows:
   (a) It shall be an unlawful discriminatory practice  for  any  person,
 being  the  owner, lessee, proprietor, manager, superintendent, agent or
 employee of any place of  public  accommodation,  resort  or  amusement,
 because  of the race, creed, color, national origin, sexual orientation,
 gender identity or expression, military status, sex, disability,  STATUS
 AS A NEW YORK STATE CITIZEN or marital status of any person, directly or
 indirectly,  to  refuse, withhold from or deny to such person any of the
 accommodations, advantages, facilities or privileges thereof,  including
 the  extension of credit, or, directly or indirectly, to publish, circu-
 late, issue, display, post or mail any written or printed communication,
 notice or advertisement, to the effect that any of  the  accommodations,
 advantages,  facilities  and  privileges  of  any  such  place  shall be
 refused, withheld from or denied to  any  person  on  account  of  race,
 creed,  color,  national  origin, sexual orientation, gender identity or
 expression, military status, sex, disability, STATUS AS A NEW YORK STATE
 CITIZEN or marital status, or that the patronage or  custom  thereat  of
 any  person of or purporting to be of any particular race, creed, color,
 national origin, sexual  orientation,  gender  identity  or  expression,
 military  status,  sex,  STATUS  AS  A NEW YORK STATE CITIZEN or marital
 status, or having  a  disability  is  unwelcome,  objectionable  or  not
 acceptable, desired or solicited.
   § 35. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
 296  of  the  executive  law,  paragraphs (a), (b) and (c) as amended by
 section 3 of part T of chapter 56 of the laws of 2019,  are  amended  to
 read as follows:
   (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
 hold from any person or group of  persons  such  housing  accommodations
 because  of  the race, creed, color, disability, national origin, sexual
 orientation, gender identity or expression, military status,  age,  sex,
 STATUS  AS  A  NEW  YORK STATE CITIZEN, marital status, lawful source of
 income or familial status of such person or  persons,  or  to  represent
 that  any housing accommodation or land is not available for inspection,
 sale, rental or lease when in fact it is so available.
   (b) To discriminate against any person because of  his  or  her  race,
 creed,  color,  disability,  national origin, sexual orientation, gender
 identity or expression, military status, age, sex, STATUS AS A NEW  YORK
 STATE  CITIZEN,  marital  status,  lawful  source  of income or familial
 status in the terms, conditions or privileges of  any  publicly-assisted

 S. 4279                            13
 
 housing accommodations or in the furnishing of facilities or services in
 connection therewith.
   (c) To cause to be made any written or oral inquiry or record concern-
 ing  the  race, creed, color, disability, national origin, sexual orien-
 tation, gender identity or expression, membership in the  reserve  armed
 forces  of  the  United States or in the organized militia of the state,
 age, sex, STATUS AS A NEW YORK STATE  CITIZEN,  marital  status,  lawful
 source of income or familial status of a person seeking to rent or lease
 any  publicly-assisted  housing  accommodation;  provided, however, that
 nothing in this subdivision shall prohibit a member of the reserve armed
 forces of the United States or in the organized  militia  of  the  state
 from voluntarily disclosing such membership.
   (c-1)  To  print or circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for the purchase, rental or lease of such housing accommodation or
 to make any  record  or  inquiry  in  connection  with  the  prospective
 purchase,  rental  or  lease  of  such  a  housing  accommodation  which
 expresses, directly or  indirectly,  any  limitation,  specification  or
 discrimination  as to race, creed, color, national origin, sexual orien-
 tation, gender identity or expression, military status, sex, age,  disa-
 bility,  STATUS  AS  A  NEW  YORK  STATE CITIZEN, marital status, lawful
 source of income or familial status, or any  intent  to  make  any  such
 limitation, specification or discrimination.
   §  36.  Subdivisions 3-b and 4 of section 296 of the executive law, as
 amended by chapter 8 and subdivision 4 as separately amended by  chapter
 116 of the laws of 2019, are amended to read as follows:
   3-b.  It  shall  be  an  unlawful discriminatory practice for any real
 estate broker, real estate salesperson or employee or agent  thereof  or
 any  other  individual, corporation, partnership or organization for the
 purpose of inducing a real estate transaction from which any such person
 or any of its stockholders or members may benefit financially, to repre-
 sent that a change has occurred or will or may occur in the  composition
 with respect to race, creed, color, national origin, sexual orientation,
 gender  identity or expression, military status, sex, disability, STATUS
 AS A NEW YORK STATE CITIZEN, marital status, or familial status  of  the
 owners or occupants in the block, neighborhood or area in which the real
 property is located, and to represent, directly or indirectly, that this
 change  will  or  may  result  in undesirable consequences in the block,
 neighborhood or area in which the real property  is  located,  including
 but not limited to the lowering of property values, an increase in crim-
 inal  or anti-social behavior, or a decline in the quality of schools or
 other facilities.
   4. It shall be an unlawful discriminatory practice for an  educational
 institution  to  deny  the use of its facilities to any person otherwise
 qualified, or to permit the harassment of any student or  applicant,  by
 reason  of  his  race, color, religion, disability, STATUS AS A NEW YORK
 STATE CITIZEN, national origin, sexual orientation, gender  identity  or
 expression, military status, sex, age or marital status, except that any
 such  institution  which  establishes or maintains a policy of educating
 persons of one sex exclusively may admit students of only one sex.
   § 37. Subdivision 5 of section 296 of the executive law, as amended by
 chapter 8 of the laws of 2019, subparagraphs 1, 2 and 3 of paragraph (a)
 as amended by section 4, subparagraphs 1  and  2  of  paragraph  (c)  as
 amended  by section 5, and paragraph (d) as amended by section 6 of part
 T of chapter 56 of the laws of 2019, is amended to read as follows:

 S. 4279                            14
 
   5. (a) It shall be an unlawful discriminatory practice for the  owner,
 lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person
 having the right  to  sell,  rent  or  lease  a  housing  accommodation,
 constructed or to be constructed, or any agent or employee thereof:
   (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
 from any person or group of persons such a housing accommodation because
 of  the  race, creed, color, national origin, sexual orientation, gender
 identity or expression, military status, sex, age, disability, STATUS AS
 A NEW YORK STATE CITIZEN, marital status, lawful  source  of  income  or
 familial  status  of  such  person  or persons, or to represent that any
 housing accommodation or land is not  available  for  inspection,  sale,
 rental or lease when in fact it is so available.
   (2)  To discriminate against any person because of race, creed, color,
 national origin, sexual  orientation,  gender  identity  or  expression,
 military  status, sex, age, disability, STATUS AS A NEW YORK STATE CITI-
 ZEN, marital status, lawful source of income or familial status  in  the
 terms, conditions or privileges of the sale, rental or lease of any such
 housing  accommodation or in the furnishing of facilities or services in
 connection therewith.
   (3) To print or circulate or cause to be  printed  or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for the purchase, rental or lease of such housing accommodation  or
 to  make  any  record  or  inquiry  in  connection  with the prospective
 purchase,  rental  or  lease  of  such  a  housing  accommodation  which
 expresses,  directly  or  indirectly,  any  limitation, specification or
 discrimination as to race, creed, color, national origin, sexual  orien-
 tation,  gender identity or expression, military status, sex, age, disa-
 bility, STATUS AS A NEW  YORK  STATE  CITIZEN,  marital  status,  lawful
 source  of  income  or  familial  status, or any intent to make any such
 limitation, specification or discrimination.
   The provisions of this paragraph [(a)] shall  not  apply  (1)  to  the
 rental  of  a housing accommodation in a building which contains housing
 accommodations for not more than two families  living  independently  of
 each  other, if the owner resides in one of such housing accommodations,
 (2) to the restriction of the rental of all rooms in a housing  accommo-
 dation  to individuals of the same sex or (3) to the rental of a room or
 rooms in a housing accommodation, if such rental is by the  occupant  of
 the  housing  accommodation or by the owner of the housing accommodation
 and the owner resides in such housing accommodation or (4)  solely  with
 respect  to  age  and  familial  status  to the restriction of the sale,
 rental or lease of housing accommodations exclusively to persons  sixty-
 two  years  of  age  or  older and the spouse of any such person, or for
 housing intended and operated for  occupancy  by  at  least  one  person
 fifty-five  years of age or older per unit. In determining whether hous-
 ing is intended and operated for occupancy by persons  fifty-five  years
 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
 federal Fair Housing Act of 1988, as amended, shall apply.
   (b)  It  shall  be  an unlawful discriminatory practice for the owner,
 lessee, sub-lessee, or managing agent of, or  other  person  having  the
 right of ownership or possession of or the right to sell, rent or lease,
 land or commercial space:
   (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
 from any person or group of persons land or commercial space because  of
 the  race,  creed,  color,  national  origin, sexual orientation, gender
 identity or expression, military status, sex, age, disability, STATUS AS
 A NEW YORK STATE CITIZEN, marital status, or  familial  status  of  such

 S. 4279                            15
 
 person  or  persons,  or  to represent that any housing accommodation or
 land is not available for inspection, sale, rental or lease when in fact
 it is so available;
   (2)  To discriminate against any person because of race, creed, color,
 national origin, sexual  orientation,  gender  identity  or  expression,
 military  status, sex, age, disability, STATUS AS A NEW YORK STATE CITI-
 ZEN, marital status, or familial status  in  the  terms,  conditions  or
 privileges  of  the sale, rental or lease of any such land or commercial
 space; or in the furnishing of  facilities  or  services  in  connection
 therewith;
   (3)  To  print  or  circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for the purchase, rental or lease of such land or commercial space
 or to make any record or inquiry  in  connection  with  the  prospective
 purchase,  rental  or  lease  of  such  land  or  commercial space which
 expresses, directly or  indirectly,  any  limitation,  specification  or
 discrimination  as to race, creed, color, national origin, sexual orien-
 tation, gender identity or expression, military status, sex, age,  disa-
 bility,  STATUS AS A NEW YORK STATE CITIZEN, marital status, or familial
 status; or any intent to make  any  such  limitation,  specification  or
 discrimination.
   (4)  With  respect  to age and familial status, the provisions of this
 paragraph shall not apply to the restriction  of  the  sale,  rental  or
 lease  of  land  or  commercial  space exclusively to persons fifty-five
 years of age or older and the spouse of  any  such  person,  or  to  the
 restriction  of  the  sale,  rental  or lease of land to be used for the
 construction, or location  of  housing  accommodations  exclusively  for
 persons  sixty-two  years  of age or older, or intended and operated for
 occupancy by at least one person fifty-five years of age  or  older  per
 unit.  In determining whether housing is intended and operated for occu-
 pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
 (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
 amended, shall apply.
   (c) It shall be an  unlawful  discriminatory  practice  for  any  real
 estate broker, real estate salesperson or employee or agent thereof:
   (1)  To  refuse to sell, rent or lease any housing accommodation, land
 or commercial space to any person or group of persons or  to  refuse  to
 negotiate  for  the sale, rental or lease, of any housing accommodation,
 land or commercial space to any person or group of  persons  because  of
 the  race,  creed,  color,  national  origin, sexual orientation, gender
 identity or expression, military status, sex, age, disability, STATUS AS
 A NEW YORK STATE CITIZEN, marital status, lawful  source  of  income  or
 familial  status  of  such  person  or persons, or to represent that any
 housing accommodation, land or commercial space  is  not  available  for
 inspection,  sale,  rental  or lease when in fact it is so available, or
 otherwise to deny or withhold any housing accommodation, land or commer-
 cial space or any facilities  of  any  housing  accommodation,  land  or
 commercial  space  from  any  person  or group of persons because of the
 race, creed, color, national origin, sexual orientation, gender identity
 or expression, military status, sex, age, disability, STATUS  AS  A  NEW
 YORK  STATE CITIZEN, marital status, lawful source of income or familial
 status of such person or persons.
   (2) To print or circulate or cause to be  printed  or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for the purchase, rental or lease  of  any  housing  accommodation,
 land  or commercial space or to make any record or inquiry in connection

 S. 4279                            16
 
 with the prospective purchase, rental or lease of any  housing  accommo-
 dation,  land or commercial space which expresses, directly or indirect-
 ly, any limitation, specification, or discrimination as to race,  creed,
 color,   national   origin,   sexual  orientation,  gender  identity  or
 expression, military status, sex, age, disability, STATUS AS A NEW  YORK
 STATE  CITIZEN,  marital  status,  lawful  source  of income or familial
 status; or any intent to make  any  such  limitation,  specification  or
 discrimination.
   (3)  With  respect  to age and familial status, the provisions of this
 paragraph shall not apply to the restriction  of  the  sale,  rental  or
 lease of any housing accommodation, land or commercial space exclusively
 to  persons  fifty-five years of age or older and the spouse of any such
 person, or to the restriction of the sale, rental or lease of any  hous-
 ing accommodation or land to be used for the construction or location of
 housing  accommodations  for persons sixty-two years of age or older, or
 intended and operated for occupancy by at least  one  person  fifty-five
 years  of  age  or  older  per  unit.  In determining whether housing is
 intended and operated for occupancy by persons fifty-five years  of  age
 or  older,  Sec.  807  (b)  (2)  (c) (42 U.S.C. 3607 (b) (2) (c)) of the
 federal Fair Housing Act of 1988, as amended, shall apply.
   (d) It shall be an  unlawful  discriminatory  practice  for  any  real
 estate board, because of the race, creed, color, national origin, sexual
 orientation,  gender  identity or expression, military status, age, sex,
 disability, STATUS AS A NEW YORK STATE CITIZEN, marital  status,  lawful
 source  of  income or familial status of any individual who is otherwise
 qualified for membership, to  exclude  or  expel  such  individual  from
 membership,  or  to  discriminate  against such individual in the terms,
 conditions and privileges of membership in such board.
   (e) It shall be an unlawful discriminatory  practice  for  the  owner,
 proprietor  or  managing  agent  of, or other person having the right to
 provide care and services in, a private proprietary nursing home, conva-
 lescent home, or home for adults, or an intermediate care  facility,  as
 defined   in   section  two  of  the  social  services  law,  heretofore
 constructed, or to be constructed, or any agent or employee thereof,  to
 refuse  to  provide  services  and  care in such home or facility to any
 individual or to discriminate  against  any  individual  in  the  terms,
 conditions, and privileges of such services and care solely because such
 individual  is  a blind person. For purposes of this paragraph, a "blind
 person" shall mean a person who is registered as a blind person with the
 commission for the visually handicapped and who meets the definition  of
 a  "blind  person"  pursuant  to  section  three of chapter four hundred
 fifteen of the laws of nineteen hundred thirteen  entitled  "An  act  to
 establish a state commission for improving the condition of the blind of
 the state of New York, and making an appropriation therefor".
   (f)  The  provisions of this subdivision, as they relate to age, shall
 not apply to persons under the age of eighteen years.
   (g) It shall be an unlawful discriminatory  practice  for  any  person
 offering  or  providing housing accommodations, land or commercial space
 as described in paragraphs (a), (b), and (c) of this subdivision to make
 or cause to be made any written or oral  inquiry  or  record  concerning
 membership  of  any person in the state organized militia in relation to
 the purchase, rental or lease of such housing  accommodation,  land,  or
 commercial  space,  provided,  however, that nothing in this subdivision
 shall prohibit a member of the state organized militia from  voluntarily
 disclosing such membership.

 S. 4279                            17
 
   §  38.  Paragraph (a) of subdivision 9 of section 296 of the executive
 law, as amended by chapter 8 of the laws of 2019, is amended to read  as
 follows:
   (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
 department or fire company therein, through any member or members there-
 of, officers, board of fire commissioners or other body or office having
 power of appointment of volunteer firefighters, directly or  indirectly,
 by ritualistic practice, constitutional or by-law prescription, by tacit
 agreement  among  its  members,  or otherwise, to deny to any individual
 membership in any volunteer fire department or fire company therein,  or
 to  expel or discriminate against any volunteer member of a fire depart-
 ment or fire  company  therein,  because  of  the  race,  creed,  color,
 national  origin,  sexual  orientation,  gender  identity or expression,
 military status, sex, STATUS  AS  A  NEW  YORK  STATE  CITIZEN,  marital
 status, or familial status, of such individual.
   §  39.  Subdivision 13 of section 296 of the executive law, as amended
 by chapter 8 of the laws of 2019, is amended to read as follows:
   13. It shall be an unlawful discriminatory practice (i) for any person
 to boycott or blacklist, or to refuse to buy  from,  sell  to  or  trade
 with, or otherwise discriminate against any person, because of the race,
 creed,  color,  national  origin, sexual orientation, gender identity or
 expression, military status, sex, disability, STATUS AS A NEW YORK STATE
 CITIZEN, or familial status, of such person, or of such  person's  part-
 ners,  members, stockholders, directors, officers, managers, superinten-
 dents, agents, employees, business associates, suppliers  or  customers,
 or  (ii) for any person wilfully to do any act or refrain from doing any
 act which enables any such person to take such action. This  subdivision
 shall not apply to:
   (a) Boycotts connected with labor disputes; or
   (b) Boycotts to protest unlawful discriminatory practices.
   §  40.  Subdivisions 1, 2 and 3 of section 296-a of the executive law,
 as amended by chapter 8 of the laws of 2019,  are  amended  to  read  as
 follows:
   1. It shall be an unlawful discriminatory practice for any creditor or
 any officer, agent or employee thereof:
   a.  In  the  case  of  applications  for  credit  with  respect to the
 purchase, acquisition, construction, rehabilitation, repair  or  mainte-
 nance of any housing accommodation, land or commercial space to discrim-
 inate  against  any  such  applicant  because of the race, creed, color,
 national origin, sexual  orientation,  gender  identity  or  expression,
 military  status,  age, sex, marital status, disability, STATUS AS A NEW
 YORK STATE CITIZEN, or familial status of such applicant  or  applicants
 or any member, stockholder, director, officer or employee of such appli-
 cant  or  applicants, or of the prospective occupants or tenants of such
 housing accommodation, land or commercial space, in the granting,  with-
 holding,  extending or renewing, or in the fixing of the rates, terms or
 conditions of, any such credit;
   b. To discriminate in the granting, withholding, extending  or  renew-
 ing,  or in the fixing of the rates, terms or conditions of, any form of
 credit, on the basis of race,  creed,  color,  national  origin,  sexual
 orientation,  gender  identity or expression, military status, age, sex,
 marital status, disability, STATUS AS A NEW YORK STATE CITIZEN, or fami-
 lial status;
   c. To use any form of application for credit or use or make any record
 or inquiry which expresses,  directly  or  indirectly,  any  limitation,
 specification,  or  discrimination  as  to  race, creed, color, national

 S. 4279                            18
 
 origin, sexual orientation,  gender  identity  or  expression,  military
 status, age, sex, marital status, disability, STATUS AS A NEW YORK STATE
 CITIZEN, or familial status;
   d.  To make any inquiry of an applicant concerning his or her capacity
 to reproduce, or his or her use or advocacy of any form of birth control
 or family planning;
   e. To refuse to consider  sources  of  an  applicant's  income  or  to
 subject  an  applicant's  income  to  discounting,  in whole or in part,
 because of an applicant's race, creed, color,  national  origin,  sexual
 orientation,  gender  identity or expression, military status, age, sex,
 marital status, childbearing potential, disability, STATUS AS A NEW YORK
 STATE CITIZEN, or familial status;
   f. To discriminate  against  a  married  person  because  such  person
 neither uses nor is known by the surname of his or her spouse.
   This  paragraph  shall  not  apply to any situation where the use of a
 surname would constitute or result in a criminal act.
   2. Without limiting the generality of subdivision one of this section,
 it shall be considered discriminatory if, because of an  applicant's  or
 class  of applicants' race, creed, color, national origin, sexual orien-
 tation, gender identity or expression, military status, age, sex,  mari-
 tal  status  or disability, STATUS AS A NEW YORK STATE CITIZEN, or fami-
 lial status, (i) an applicant or class of applicants is denied credit in
 circumstances where other applicants of like overall  credit  worthiness
 are  granted credit, or (ii) special requirements or conditions, such as
 requiring co-obligors or reapplication upon marriage, are  imposed  upon
 an  applicant  or  class  of  applicants  in circumstances where similar
 requirements or conditions are not imposed upon other applicants of like
 overall credit worthiness.
   3. It shall not  be  considered  discriminatory  if  credit  differen-
 tiations  or  decisions  are based upon factually supportable, objective
 differences in applicants' overall credit worthiness, which may  include
 reference  to  such  factors  as current income, assets and prior credit
 history of such applicants, as well as reference to any  other  relevant
 factually  supportable  data;  provided, however, that no creditor shall
 consider, in evaluating the credit worthiness of an applicant, aggregate
 statistics or assumptions  relating  to  race,  creed,  color,  national
 origin,  sexual  orientation,  gender  identity  or expression, military
 status, sex, marital status or disability, STATUS AS A  NEW  YORK  STATE
 CITIZEN, or to the likelihood of any group of persons bearing or rearing
 children,  or for that reason receiving diminished or interrupted income
 in the future.
   § 41. Paragraph (c) of subdivision 1 of  section  122  of  the  social
 services law, as amended by chapter 214 of the laws of 1998, the opening
 paragraph  as  amended by chapter 672 of the laws of 2019, is amended to
 read as follows:
   (c) The following persons, not described in paragraph (a)  or  (b)  of
 this  subdivision,  shall, if otherwise eligible, be eligible for safety
 net assistance and medical assistance[, except that  medical  assistance
 shall  be  limited to care and services (not including care and services
 related to an organ transplant procedure) necessary for the treatment of
 an emergency medical condition as that term is defined in  section  1903
 of  the  federal  social security act unless and until federal financial
 participation is available for the costs of providing medical assistance
 provided, however, that any such  person  who,  on  the  fourth  day  of
 August,  nineteen  hundred  ninety-seven  was  residing in a residential
 health care facility licensed by the department of health or in a  resi-

 S. 4279                            19

 dential  facility  licensed,  operated or funded by the office of mental
 health or the office for people with developmental disabilities, and was
 in receipt of a medical assistance authorization based on a finding that
 he  or  she  was] (I) a person permanently residing in the United States
 under color of law  [shall,  if  otherwise  eligible,  be  eligible  for
 medical  assistance  and provided, further, that any such person who, on
 the fourth day of August, nineteen hundred ninety-seven,  was  diagnosed
 as  having  AIDS,  as defined in subdivision one of section two thousand
 seven hundred eighty of the public health law, and  was  in  receipt  of
 medical  assistance  authorization  pursuant  to title eleven of article
 five of this chapter based on a finding that he  or  she  was  a  person
 permanently  residing  in the United States under color of law shall, if
 otherwise eligible, be eligible for medical assistance:
   (i) a qualified alien who entered the United  States  less  than  five
 years  earlier  or  for less than five years has had a status within the
 meaning of the term "qualified alien" as defined in section 431  of  the
 federal  personal responsibility and work opportunity reconciliation act
 of 1996 (8 U.S. Code 1641), as amended, if such  entry  occurred  on  or
 after the twenty-second day of August, nineteen hundred ninety-six; and
   (ii)  an  alien  whose  status  is  not within the meaning of the term
 "qualified alien" as defined in section  431  of  the  federal  personal
 responsibility  and  work opportunity reconciliation act of 1996 (8 U.S.
 Code 1641), as amended, but who is otherwise permanently residing in the
 United States under color of law], AND (II) NEW YORK STATE  CITIZENS  IF
 OTHERWISE ELIGIBLE SHALL ONLY BE ELIGIBLE FOR MEDICAL ASSISTANCE.
   § 42. Section 131-k of the social services law is REPEALED.
   §  43.  The  correction law is amended by adding a new section 71-b to
 read as follows:
   § 71-B. PERSONS NOT TO BE DETAINED.   1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CIVIL IMMIGRATION DETAINER" SHALL MEAN A DETAINER ISSUED PURSUANT
 TO 8 C.F.R. 287.7.
   (B)  "ADMINISTRATIVE  WARRANT"  SHALL  MEAN  AN IMMIGRATION WARRANT OF
 ARREST, ORDER TO DETAIN OR RELEASE ALIENS, NOTICE  OF  CUSTODY  DETERMI-
 NATION,  NOTICE  TO  APPEAR,  REMOVAL  ORDER, WARRANT OF REMOVAL, OR ANY
 OTHER DOCUMENT ISSUED BY AN IMMIGRATION AGENT THAT CAN  FORM  THE  BASIS
 FOR AN INDIVIDUAL'S ARREST OR DETENTION FOR A CIVIL IMMIGRATION PURPOSE.
   (C)  "LAW  ENFORCEMENT OFFICER" SHALL MEAN ALL OFFICERS, EMPLOYEES AND
 PERSONS OTHERWISE PAID BY OR ACTING AS AGENTS OF ANY  MUNICIPAL,  COUNTY
 OR STATE POLICE DEPARTMENT OR DEPARTMENT OF CORRECTIONS.
   (D) "FEDERAL IMMIGRATION AUTHORITIES" SHALL MEAN ANY OFFICER, EMPLOYEE
 OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF UNITED STATES IMMI-
 GRATION  AND  CUSTOMS  ENFORCEMENT  OR ANY DIVISION THEREOF OR ANY OTHER
 OFFICER, EMPLOYEE OR PERSON OTHERWISE PAID BY OR ACTING AS AN  AGENT  OF
 THE  UNITED  STATES  DEPARTMENT OF HOMELAND SECURITY WHO IS CHARGED WITH
 ENFORCEMENT OF THE CIVIL PROVISIONS OF THE IMMIGRATION  AND  NATIONALITY
 ACT.
   (E)  "FACILITY"  SHALL MEAN ANY FACILITY OWNED OR LEASED BY THE STATE,
 STAFFED BY PERSONNEL PAID BY  THE  STATE,  OR  USED  PRIMARILY  FOR  THE
 CONDUCT  OF  STATE  BUSINESS, INCLUDING BUT NOT LIMITED TO ANY PRISON OR
 JAIL OWNED OR OPERATED BY ANY GOVERNMENT ENTITY UNDER THE STATE'S JURIS-
 DICTION.
   2. (A) LAW ENFORCEMENT OFFICERS SHALL NOT HONOR  A  CIVIL  IMMIGRATION
 DETAINER  OR  ADMINISTRATIVE  WARRANT FROM FEDERAL IMMIGRATION OFFICIALS
 BY:

 S. 4279                            20

   (I) HOLDING A PERSON BEYOND THE TIME WHEN SUCH PERSON WOULD  OTHERWISE
 BE RELEASED FROM CUSTODY; OR
   (II)  EXPENDING  TIME OR RESOURCES RESPONDING TO INQUIRIES OR COMMUNI-
 CATING WITH FEDERAL IMMIGRATION AUTHORITIES OF SUCH PERSON'S  INCARCERA-
 TION  STATUS, RELEASE DATES, COURT APPEARANCE DATES, OR ANY OTHER INFOR-
 MATION RELATED TO AN INDIVIDUAL IN CUSTODY UNLESS  SUCH  A  RESPONSE  OR
 COMMUNICATION IS REQUIRED OR PROTECTED BY LAW.
   (B) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
 NAL WARRANT, OR LAW ENFORCEMENT OFFICIALS HAVE A LEGITIMATE LAW ENFORCE-
 MENT  PURPOSE THAT IS NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION LAW,
 LAW ENFORCEMENT OFFICERS SHALL NOT PERMIT ANY FEDERAL IMMIGRATION  OFFI-
 CIAL TO:
   (I) HAVE ACCESS TO ANY PERSON IN THEIR CUSTODY; OR
   (II) HAVE ACCESS TO ANY FACILITY OWNED OR OPERATED BY THE STATE, OR BY
 ANY  MUNICIPALITY  WITHIN  THE  STATE,  FOR THE PURPOSE OF INVESTIGATING
 POTENTIAL VIOLATIONS OF THE CIVIL IMMIGRATION LAW.
   3. NOTHING IN THIS SECTION SHALL AFFECT THE OBLIGATION OF LAW ENFORCE-
 MENT  OFFICERS  TO  MAINTAIN  THE  CONFIDENTIALITY  OF  ANY  INFORMATION
 OBTAINED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY AUTHORITY
 ON ANY ENTITY TO HOLD PERSONS ON CIVIL IMMIGRATION DETAINERS BEYOND  THE
 AUTHORITY,  IF  ANY,  THAT  EXISTED  PRIOR TO THE EFFECTIVE DATE OF THIS
 SECTION.
   5. THIS SECTION SUPERSEDES ALL CONFLICTING POLICIES, RULES, PROCEDURES
 AND PRACTICES OF THE STATE. NOTHING IN THIS SECTION SHALL  BE  CONSTRUED
 TO  PROHIBIT  ANY STATE AGENCY FROM COOPERATING WITH FEDERAL IMMIGRATION
 AUTHORITIES WHEN REQUIRED UNDER FEDERAL LAW.  NOTHING  IN  THIS  SECTION
 SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE ANY POWER, DUTY OR OBLI-
 GATION IN CONFLICT WITH ANY FEDERAL, STATE OR LOCAL LAW.
   6.  NOTHING  CONTAINED  IN  THIS  SECTION  OR IN THE ADMINISTRATION OR
 APPLICATION HEREOF SHALL BE CONSTRUED AS CREATING ANY PRIVATE  RIGHT  OF
 ACTION  ON  THE  PART  OF ANY PERSONS OR ENTITY AGAINST THE STATE OR THE
 DEPARTMENT.
   7. ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST, THE  DEPARTMENT  SHALL
 POST  A  REPORT  ON THE DEPARTMENT'S WEBSITE THAT INCLUDES THE FOLLOWING
 INFORMATION FOR THE PRECEDING TWELVE MONTH PERIOD:
   (A) THE NUMBER OF CIVIL IMMIGRATION DETAINERS  RECEIVED  FROM  FEDERAL
 IMMIGRATION AUTHORITIES;
   (B) THE NUMBER OF PERSONS HELD PURSUANT TO CIVIL IMMIGRATION DETAINERS
 BEYOND  THE  TIME WHEN SUCH PERSONS WOULD OTHERWISE BE RELEASED FROM THE
 DEPARTMENT'S CUSTODY;
   (C) THE NUMBER OF PERSONS TRANSFERRED TO THE CUSTODY OF FEDERAL  IMMI-
 GRATION AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS; AND
   (D)  THE  JUSTIFICATION  AND  LEGAL  AUTHORITY FOR THE TRANSFER OF ANY
 INDIVIDUAL TO THE CUSTODY OF FEDERAL IMMIGRATION AUTHORITIES.
   8. FOR THE PURPOSE OF THIS SECTION, ANY REFERENCE TO A STATUTE,  RULE,
 OR REGULATION SHALL BE DEEMED TO INCLUDE ANY SUCCESSOR PROVISION.
   §  44.  The  executive law is amended by adding a new section 243-a to
 read as follows:
   § 243-A. PERSONS NOT TO BE DETAINED.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CIVIL IMMIGRATION DETAINER" SHALL MEAN A DETAINER ISSUED PURSUANT
 TO 8 C.F.R. 287.7.
   (B)  "ADMINISTRATIVE  WARRANT"  SHALL  MEAN  AN IMMIGRATION WARRANT OF
 ARREST, ORDER TO DETAIN OR RELEASE ALIENS, NOTICE  OF  CUSTODY  DETERMI-
 NATION,  NOTICE  TO  APPEAR,  REMOVAL  ORDER, WARRANT OF REMOVAL, OR ANY

 S. 4279                            21
 
 OTHER DOCUMENT ISSUED BY AN IMMIGRATION AGENT THAT CAN  FORM  THE  BASIS
 FOR AN INDIVIDUAL'S ARREST OR DETENTION FOR A CIVIL IMMIGRATION PURPOSE.
   (C)  "PROBATION  OFFICER"  SHALL  MEAN ANY OFFICER, EMPLOYEE OR PERSON
 OTHERWISE PAID BY OR ACTING AS AN AGENT OF THE OFFICE OF  PROBATION  AND
 CORRECTIONAL  ALTERNATIVES, OR ANY COUNTY OR MUNICIPAL PROBATION DEPART-
 MENT.
   (D) "FEDERAL IMMIGRATION AUTHORITIES" SHALL MEAN ANY OFFICER, EMPLOYEE
 OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF UNITED STATES IMMI-
 GRATION AND CUSTOMS ENFORCEMENT OR ANY DIVISION  THEREOF  OR  ANY  OTHER
 OFFICER,  EMPLOYEE  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF
 THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY WHO  IS  CHARGED  WITH
 ENFORCEMENT  OF  THE CIVIL PROVISIONS OF THE IMMIGRATION AND NATIONALITY
 ACT.
   (E) "FACILITY" SHALL MEAN ANY FACILITY OWNED OR LEASED BY  THE  STATE,
 STAFFED  BY  PERSONNEL  PAID  BY  THE  STATE,  OR USED PRIMARILY FOR THE
 CONDUCT OF STATE BUSINESS, INCLUDING BUT NOT LIMITED TO  ANY  PRISON  OR
 JAIL OWNED OR OPERATED BY ANY GOVERNMENT ENTITY UNDER THE STATE'S JURIS-
 DICTION.
   2. (A) PROBATION OFFICERS SHALL NOT HONOR A CIVIL IMMIGRATION DETAINER
 OR ADMINISTRATIVE WARRANT FROM FEDERAL IMMIGRATION OFFICIALS BY:
   (I)  HOLDING A PERSON BEYOND THE TIME WHEN SUCH PERSON WOULD OTHERWISE
 BE RELEASED FROM CUSTODY; OR
   (II) EXPENDING TIME OR RESOURCES RESPONDING TO INQUIRIES  OR  COMMUNI-
 CATING  WITH FEDERAL IMMIGRATION AUTHORITIES OF SUCH PERSON'S INCARCERA-
 TION STATUS, RELEASE DATES, COURT APPEARANCE DATES, OR ANY OTHER  INFOR-
 MATION  RELATED  TO  AN  INDIVIDUAL IN CUSTODY UNLESS SUCH A RESPONSE OR
 COMMUNICATION IS REQUIRED OR PROTECTED BY LAW.
   (B) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
 NAL WARRANT, OR LAW ENFORCEMENT OFFICIALS HAVE A LEGITIMATE LAW ENFORCE-
 MENT PURPOSE THAT IS NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION  LAW,
 PROBATION OFFICERS SHALL NOT PERMIT ANY FEDERAL IMMIGRATION OFFICIAL TO:
   (I) HAVE ACCESS TO ANY PERSON IN THEIR CUSTODY; OR
   (II) HAVE ACCESS TO ANY FACILITY OWNED OR OPERATED BY THE STATE, OR BY
 ANY  MUNICIPALITY  WITHIN  THE  STATE,  FOR THE PURPOSE OF INVESTIGATING
 POTENTIAL VIOLATIONS OF THE CIVIL IMMIGRATION LAW.
   (C) UNLESS AN IMMIGRATION AGENT HAS A VALID AND PROPERLY ISSUED CRIMI-
 NAL WARRANT, OR PROBATION OFFICERS HAVE  A  LEGITIMATE  LAW  ENFORCEMENT
 PURPOSE  THAT  IS  NOT RELATED TO THE ENFORCEMENT OF IMMIGRATION LAW, NO
 PROBATION OFFICER SHALL
   (I) PROVIDE ANY DETAINEE, INMATE OR BOOKING  LISTS  TO  FEDERAL  IMMI-
 GRATION OFFICIALS; OR
   (II) EXPEND TIME OR RESOURCES RESPONDING TO INQUIRIES OR COMMUNICATING
 WITH FEDERAL IMMIGRATION OFFICIALS, REGARDING ANY PERSON'S INCARCERATION
 STATUS,  PROBATION  STATUS,  RELEASE DATE, COURT APPEARANCE DATES OR ANY
 OTHER INFORMATION, UNLESS SUCH RESPONSE OR COMMUNICATIONS IS REQUIRED OR
 PROTECTED BY LAW.
   3. NOTHING IN THIS SECTION SHALL AFFECT THE  OBLIGATION  OF  PROBATION
 OFFICERS  TO  MAINTAIN  THE  CONFIDENTIALITY OF ANY INFORMATION OBTAINED
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY  AUTHORITY
 ON  ANY ENTITY TO HOLD PERSONS ON CIVIL IMMIGRATION DETAINERS BEYOND THE
 AUTHORITY, IF ANY, THAT EXISTED PRIOR TO  THE  EFFECTIVE  DATE  OF  THIS
 SECTION.
   5. THIS SECTION SUPERSEDES ALL CONFLICTING POLICIES, RULES, PROCEDURES
 AND  PRACTICES  OF THE STATE. NOTHING IN THIS SECTION SHALL BE CONSTRUED
 TO PROHIBIT ANY STATE AGENCY FROM COOPERATING WITH  FEDERAL  IMMIGRATION

 S. 4279                            22
 
 AUTHORITIES  WHEN  REQUIRED  UNDER  FEDERAL LAW. NOTHING IN THIS SECTION
 SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE ANY POWER, DUTY OR OBLI-
 GATION IN CONFLICT WITH ANY FEDERAL, STATE OR LOCAL LAW.
   6.  NOTHING  CONTAINED  IN  THIS  SECTION  OR IN THE ADMINISTRATION OR
 APPLICATION HEREOF SHALL BE CONSTRUED AS CREATING ANY PRIVATE  RIGHT  OF
 ACTION  ON  THE  PART  OF ANY PERSONS OR ENTITY AGAINST THE STATE OR THE
 OFFICE.
   7. ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST, THE  DEPARTMENT  SHALL
 POST A REPORT ON THE OFFICE'S WEBSITE THAT INCLUDES THE FOLLOWING INFOR-
 MATION FOR THE PRECEDING TWELVE MONTH PERIOD:
   (A)  THE  NUMBER  OF CIVIL IMMIGRATION DETAINERS RECEIVED FROM FEDERAL
 IMMIGRATION AUTHORITIES;
   (B) THE NUMBER OF PERSONS HELD PURSUANT TO CIVIL IMMIGRATION DETAINERS
 BEYOND THE TIME WHEN SUCH PERSONS WOULD OTHERWISE BE RELEASED  FROM  THE
 OFFICE'S CUSTODY;
   (C)  THE NUMBER OF PERSONS TRANSFERRED TO THE CUSTODY OF FEDERAL IMMI-
 GRATION AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS; AND
   (D) THE JUSTIFICATION AND LEGAL AUTHORITY  FOR  THE  TRANSFER  OF  ANY
 INDIVIDUAL TO THE CUSTODY OF FEDERAL IMMIGRATION AUTHORITIES.
   8.  FOR THE PURPOSE OF THIS SECTION, ANY REFERENCE TO A STATUTE, RULE,
 OR REGULATION SHALL BE DEEMED TO INCLUDE ANY SUCCESSOR PROVISION.
   § 45. The executive law is amended by adding a new  section  223-a  to
 read as follows:
   §  223-A. PROHIBITION ON RACIAL PROFILING. 1. FOR THE PURPOSES OF THIS
 SECTION, "RACIAL PROFILING" SHALL MEAN THE PRACTICE OF A LAW ENFORCEMENT
 OFFICER OR AGENCY RELYING, TO ANY DEGREE, ON RACE,  ETHNICITY,  NATIONAL
 ORIGIN,  OR RELIGION IN SELECTING WHICH INDIVIDUAL TO SUBJECT TO ROUTINE
 OR SPONTANEOUS INVESTIGATORY ACTIVITIES OR IN DECIDING  UPON  THE  SCOPE
 AND SUBSTANCE OF LAW ENFORCEMENT ACTIVITY FOLLOWING THE INITIAL INVESTI-
 GATORY PROCEDURE, EXCEPT WHEN THERE IS TRUSTWORTHY INFORMATION, RELEVANT
 TO THE LOCALITY AND TIMEFRAME, THAT LINKS A PERSON OF A PARTICULAR RACE,
 ETHNICITY,  NATIONAL ORIGIN, OR RELIGION TO AN IDENTIFIED CRIMINAL INCI-
 DENT OR SCHEME.
   2. THE SUPERINTENDENT OF STATE POLICE AND MEMBERS OF THE  DIVISION  OF
 STATE POLICE SHALL NOT ENGAGE IN RACIAL PROFILING.
   3.  THE  DIVISION OF STATE POLICE SHALL MAINTAIN ADEQUATE POLICIES AND
 PROCEDURES DESIGNED TO ELIMINATE RACIAL  PROFILING  AND  CEASE  EXISTING
 PRACTICES  THAT  PERMIT  RACIAL PROFILING. POLICIES AND PROCEDURES SHALL
 INCLUDE:
   (A) A PROHIBITION ON RACIAL PROFILING;
   (B) TRAINING ON RACIAL PROFILING ISSUES AS PART OF STATE POLICE TRAIN-
 ING;
   (C) THE COLLECTION OF RELEVANT DATA;
   (D) PROCEDURES FOR RECEIVING, INVESTIGATING AND RESPONDING MEANINGFUL-
 LY TO COMPLAINTS ALLEGING RACIAL PROFILING BY MEMBERS OF THE DIVISION OF
 STATE POLICE; AND
   (E) ANY OTHER POLICIES AND PROCEDURES THE SUPERINTENDENT DETERMINES TO
 BE NECESSARY TO ELIMINATE RACIAL PROFILING.
   4. AN INDIVIDUAL INJURED BY RACIAL PROFILING MAY ENFORCE THIS  SECTION
 IN  A CIVIL ACTION FOR DECLARATORY OR INJUNCTIVE RELIEF, UPON PROOF THAT
 THE ROUTINE OR SPONTANEOUS INVESTIGATORY ACTIVITIES OF  MEMBERS  OF  THE
 DIVISION  OF STATE POLICE HAVE HAD A DISPARATE IMPACT ON RACIAL, ETHNIC,
 OR RELIGIOUS MINORITIES AND SHALL CONSTITUTE PRIMA FACIE EVIDENCE  OF  A
 VIOLATION  OF  THIS SECTION. IN ANY ACTION OR PROCEEDING TO ENFORCE THIS
 SECTION, THE COURT MAY ALLOW A PREVAILING  PLAINTIFF  REASONABLE  ATTOR-

 S. 4279                            23
 
 NEY'S  FEES  AS PART OF THE COSTS AND MAY INCLUDE EXPERT FEES AS PART OF
 THE ATTORNEY'S FEE.
   §  46.  The  provisions of this act shall not be construed to conflict
 with any provision of federal  law,  rule  or  regulation,  and  in  any
 circumstance in which a conflict may exist, the appropriate federal law,
 rule or regulation shall be controlling.
   § 47. This act shall take effect on the first of January next succeed-
 ing  the  date  on  which  it shall have become a law, provided that the
 amendments made to section 7206-a of the education law by section  twen-
 ty-two  of  this  act shall take effect on the same date and in the same
 manner as chapter 322 of the  laws  of  2019,  takes  effect;  provided,
 further,  section  twenty-eight  of  this act shall take effect upon the
 enactment into law by the state of New Jersey of legislation  having  an
 identical effect with such section, but if the state of New Jersey shall
 have  already enacted such legislation, section twenty-eight of this act
 shall take effect on the effective date of this act; provided  that  the
 office  for  new  Americans  shall  notify the legislative bill drafting
 commission upon the occurrence of the enactment of such  legislation  by
 the  state  of  New  Jersey in order that the commission may maintain an
 accurate and timely effective data base of the official text of the laws
 of the state of New York in furtherance of effectuating  the  provisions
 of  section  44  of  the  legislative law and section 70-b of the public
 officers law.   Effective immediately, the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.