The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9333
 
                             I N  S E N A T E
 
                               May 17, 2022
                                ___________
 
 Introduced  by  Sen. RAMOS -- (at request of the Department of State) --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Finance
 
 AN  ACT  to amend the executive law, the alcoholic beverage control law,
   the banking law, the cannabis law, the civil practice law  and  rules,
   the  civil  rights law, the civil service law, the correction law, the
   domestic relations law, the economic development  law,  the  education
   law, the environmental conservation law, the general business law, the
   general city law, the judiciary law, the labor law, the mental hygiene
   law,  the  parks,  recreation and historic preservation law, the penal
   law, the public authorities law, the public health law, the real prop-
   erty law, the retirement and  social  security  law,  the  surrogate's
   court  procedure act, the social services law, the tax law, the trans-
   portation law, the  volunteer  ambulance  workers'  benefit  law,  the
   volunteer  firefighters'  benefit  law, the workers' compensation law,
   the facilities development corporation act, the medical  care  facili-
   ties  finance  agency  act,  and  the New York state urban development
   corporation act, in relation  to  replacing  instances  of  the  terms
   "alien"  and  "illegal alien" with the terms "noncitizen" and "undocu-
   mented noncitizen"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.   Currently, under the United States
 Immigration and Nationality Act, 8 U.S.C. §1101(a)(3), the commonly used
 term "alien" refers to any person who is not a citizen  or  national  of
 the  United States. Although hundreds of years of migration has contrib-
 uted to the social, economic, and political foundations  of  the  United
 States,  a  divide  between  "us" and "them" has remained crucial to the
 restriction of people's migration into the United States  and  immigrant
 inclusion  within  the  United  States.  This divide is expressed, among
 other ways, through language. The literal words used by  our  government
 through  laws and regulations influence social discourse and immigration
 policies. Scholars and politicians alike have  criticized  the  connota-
 tions  associated  with  the  term "alien" in federal and state laws and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15998-01-2
 S. 9333                             2
 
 regulations, as synonymizing  foreign-born  people  with  criminals  and
 outsiders. Not only do these connotations dehumanize the immigrants that
 elevate  our  cultural, civic, and economic life, but they hold power in
 the creation of xenophobic laws and rules resulting from legislation and
 judicial  decisions.  New  York  state has long valued the benefits that
 come with a diverse immigrant population and has held out to be  a  land
 of  opportunity  for  all. Currently, 4.4 million immigrants live in New
 York state, with over three million residing in New York city. In  2018,
 immigrant households in New York paid $35.4 billion in federal taxes and
 $21.8 billion in state and local taxes. Immigrants comprise more than 34
 percent  of  all self-employed New Yorkers and generated $7.8 billion in
 income during 2018 alone. Immigrants  throughout  New  York  state  have
 proven  to  strengthen  New  York's  economy  and  diversify  social and
 cultural life.
   To coincide with New York state's inclusive and welcoming platform  on
 immigration  matters,  the  terms  "alien" and "illegal alien" should be
 removed from all state laws. By replacing these terms with  "noncitizen"
 and  "undocumented  noncitizen,"  New  York  state  will  both match the
 language anticipated to be in federal codes and demonstrate respect  and
 humanity to its immigrant population.
   § 2. Section 8 of the executive law is amended to read as follows:
   § 8. Registration  of  [aliens] NONCITIZENS.   Whenever a state of war
 exists between the United States and a foreign country, or, in the judg-
 ment of the governor public safety or necessity  requires  such  action,
 the  governor  may,  by proclamation, direct every subject or citizen of
 such foreign countries as the governor may designate in  such  proclama-
 tion,  who are in this state, or who may from time to time come into the
 state, to appear within twenty-four hours after the  date  specified  in
 such  proclamation or after arrival within the state, before such public
 authorities as the governor may  designate  in  such  proclamation,  and
 personally register his or her name, residence, business, length of stay
 and such other information as the governor shall prescribe. Such procla-
 mation  shall be published in such newspapers as the governor may desig-
 nate. Every person to whom such proclamation is  applicable  shall  also
 comply  with such rules or personal identification as the governor shall
 from time to time prescribe. The occupant of  every  private  residence,
 and  the owner, lessee or proprietor, operating or managing every hotel,
 inn, boarding or rooming house shall, within twenty-four hours after the
 date specified in such proclamation, notify such public  authorities  of
 the presence therein of every subject or citizen of a foreign country to
 whom  such  proclamation  is  applicable,  and shall each day thereafter
 notify such public authorities of the arrival thereat or departure ther-
 efrom of every such subject or citizen. A failure  to  comply  with  any
 such  proclamation  or to perform any act required by this section shall
 be a misdemeanor, punishable by a fine of  not  exceeding  one  thousand
 dollars, or imprisonment for one year or both.
   §  3.  The  opening  paragraph  of  subdivision 8 and paragraph (a) of
 subdivision 15 of section 310 of the executive law,  the  opening  para-
 graph  of  subdivision 8 as added by chapter 261 of the laws of 1988 and
 paragraph (a) of subdivision 15 as amended by chapter 22 of the laws  of
 2014, are amended to read as follows:
   "Minority  group  member" shall mean a United States citizen or perma-
 nent resident [alien] NONCITIZEN who is and can  demonstrate  membership
 in one of the following groups:
   (a)  at  least  fifty-one  percent  owned by one or more United States
 citizens or permanent resident [aliens] NONCITIZENS who are women;
 S. 9333                             3
 
   § 4. Clause (i) of paragraph (a) of subdivision 2-a of section 314  of
 the  executive  law,  as  amended  by chapter 96 of the laws of 2019, is
 amended to read as follows:
   (i)  have  at  least  fifty-one  percent  ownership by a minority or a
 women-owned enterprise and be owned by United States citizens or  perma-
 nent resident [aliens] NONCITIZENS;
   §  5.  The  opening  paragraph  of subdivision 6 of section 821 of the
 executive law, as added by chapter 96 of the laws of 2019, is amended to
 read as follows:
   "Minority group member" shall mean a United States citizen  or  perma-
 nent  resident  [alien] NONCITIZEN who is and can demonstrate membership
 in one of the following groups:
   § 6. Subdivision 3 of section 940 of the executive law,  as  added  by
 chapter 31 of the laws of 1985, is amended to read as follows:
   3.  "Minority"  shall mean a resident of New York state or a permanent
 resident [alien] NONCITIZEN residing in New York state who is  a  member
 of  a  group historically underrepresented in the scientific, technical,
 health, and health-related professions as defined by the  regents  after
 consultation with the council.
   §  7.  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]  A
 NONCITIZEN  lawfully  admitted  for  permanent  residence  in the United
 States.
   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]  A  NONCITIZEN
 lawfully admitted for permanent residence in the United States, 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  executive  pardon  therefor
 removing  this  disability  a certificate of good conduct granted by the
 department of corrections and community supervision, 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 directors  are  citizens  of  the
 United  States  or  [aliens] NONCITIZENS lawfully admitted for permanent
 residence in the United States; and provided further that a  corporation
 organized  under the not-for-profit corporation law or the education law
 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 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
 S. 9333                             4
 
 principal officers and each of its directors are not less than  eighteen
 years of age.
   §  8.   Paragraph (a) of subdivision 2 of section 100-a of the banking
 law, as amended by chapter 961 of the laws of 1966, is amended  to  read
 as follows:
   (a)  Any  trust company may be appointed guardian, trustee or adminis-
 trator, on the application or consent of any person acting as such or as
 an executor or entitled to such appointment irrespective of whether such
 person would himself OR HERSELF be disqualified from acting by reason of
 his OR HER being [an alien] A NONCITIZEN or non-resident of this  state,
 and  in the place and stead of such person, or such trust company may be
 joined with any person so acting or entitled to  such  appointment;  but
 such appointments shall be made upon such notice, as is required by law,
 to  the  persons  interested in the estate or fund and on the consent of
 such of the principal legatees or other persons interested in the estate
 or fund as the court, surrogate or judge making  the  appointment  shall
 deem  proper.    No  appointment so made shall be deemed to increase the
 number of persons entitled to full compensation  beyond  the  number  so
 entitled  under  the  terms  of  the  will or deed creating the trust or
 appointing a guardian or authorized by law. Whenever a person is  joined
 with  such  trust  company  in  any  appointment as guardian, trustee or
 administrator, his OR HER appointment may be under  such  limitation  of
 powers  and  upon  such  terms and conditions as to deposit of assets by
 such person, with such  trust  company,  or  otherwise,  and  upon  such
 reduced  bond  or  security  to  be  given by such person, as the court,
 surrogate or judge, making the appointment shall prescribe.
   § 9. Section 633 of the banking law, as added by chapter  373  of  the
 laws of 1942, is amended to read as follows:
   § 633.  Service  of  notice  or process during time of war.  Whenever,
 pursuant to the provisions of this article, any communication, notice or
 other paper or process is required to be given or served by  the  super-
 intendent  upon  any  person and the giving or service thereof is in any
 manner prohibited by the provisions of the act of congress, known as the
 "Trading with the Enemy Act," or any amendment thereof,  or  the  rules,
 regulations or licenses issued pursuant thereto, or any other law, rule,
 regulation  or  license  pursuant  to  law prohibiting or regulating the
 same, such communication, notice or other  paper  or  process  shall  be
 deemed  to  have  been  duly  given or served on such person if given or
 served on his OR HER behalf, in the manner  provided  in  the  pertinent
 provisions of this article, on the [alien] NONCITIZEN property custodian
 or on such other officer as may have been appointed or designated by the
 president  of  the  United  States  of America to take possession of the
 property of [alien] NONCITIZEN enemies. This section shall apply whether
 or not (1) such [alien] NONCITIZEN property custodian or  other  officer
 shall  actually have taken possession of any property of such person, or
 (2) the president, or an officer duly designated by him OR HER  for  the
 purpose,  has the power to authorize or license the giving or service of
 any such communication, notice or other paper or  process,  and  nothing
 herein  shall  require  the  superintendent to apply to the president or
 such officer for such authority or license, provided, however,  that  in
 any case where it appears that at the time such communication, notice or
 other  paper or process is required to be given or served, the president
 or such officer has  actually  authorized  or  licensed  the  giving  or
 service  of  same  in the manner provided in the pertinent provisions of
 this article, then this section shall not apply and  the  superintendent
 shall  be  required to give or serve such communication, notice or other
 S. 9333                             5
 
 paper or process on such person in accordance with such authorization or
 license.
   §  10.  The opening paragraph of paragraph (b) and subparagraph (i) of
 paragraph (c) of subdivision 5 of section 87 of  the  cannabis  law  are
 amended to read as follows:
   "Minority  group  member" shall mean a United States citizen or perma-
 nent resident [alien] NONCITIZEN who is and can  demonstrate  membership
 in one of the following groups:
   (i)  at  least  fifty-one  percent  owned by one or more United States
 citizens or permanent resident [aliens] NONCITIZENS who are women;
   § 11. Subdivision (b) of section 209 of the  civil  practice  law  and
 rules is amended to read as follows:
   (b)  Right of [alien] NONCITIZEN. Where a person is unable to commence
 an action in the courts of the state because any party is [an  alien]  A
 NONCITIZEN  subject  or  citizen  of  a  foreign country at war with the
 United States or any of its allies, whether the cause of action  accrued
 during or prior to the war, the time which elapsed between the commence-
 ment  of the war and the termination of hostilities with such country is
 not a part of the time within which the action must be commenced.
   § 12. Subdivision (d) of section 212 of the  civil  practice  law  and
 rules,  as  added by section 150 of part B of chapter 436 of the laws of
 1997, is amended to read as follows:
   (d) To recover under an affidavit of support of [an alien] A  NONCITI-
 ZEN.  An  action  under  section  one  hundred  twenty-two of the social
 services law to recover amounts paid to or on behalf  of  [an  alien]  A
 NONCITIZEN  for whom an affidavit of support pursuant to section 213A of
 the immigration and naturalization act has been signed.
   § 13. Section 12 of the  civil  rights  law  is  amended  to  read  as
 follows:
   §  12.  Rights  of  persons  accused  of crime. In all criminal prose-
 cutions, the accused has a right to a speedy and  public  trial,  by  an
 impartial  jury,  and is entitled to be informed of the nature and cause
 of the accusation; to be confronted with the witnesses  against  him  OR
 HER;  and  to  have compulsory process for obtaining witnesses in his OR
 HER favor. [An alien] A NONCITIZEN is not entitled to a  jury,  composed
 in  part  of  [aliens] NONCITIZENS or strangers, in an action or special
 proceeding civil or criminal.
   § 14. Subdivision 1 of section 45 of the civil service law, as amended
 by chapter 133 of the laws of 1982, is amended to read as follows:
   1. Whenever the state or any civil division  or  public  agency  shall
 acquire  a private institution or enterprise, for the purpose of operat-
 ing it as a public function, such civil division, or public  agency,  as
 the  case may be, may continue the employment of all officers or employ-
 ees thereof deemed necessary, who shall have been in the employ of  such
 private  institution  or  enterprise for at least one year prior to such
 acquisition. The positions so held by such employees  shall  be  in  the
 non-competitive class, pending the classification or reclassification of
 such positions as hereinafter directed, and such employees shall contin-
 ue  to  be employed in similar or corresponding positions and shall have
 the seniority theretofore held by them as among  themselves.  The  state
 civil  service  department  or municipal commission having jurisdiction,
 however, after notice to any such employee, of the reasons therefor, and
 after according such employee a hearing, may exclude  him  OR  HER  from
 further  employment  if found by such department or municipal commission
 not to be a person of good character. Notwithstanding the provisions  of
 this  section,  no person shall be continued in employment in a position
 S. 9333                             6
 
 classified in the competitive class pursuant to the provisions  of  this
 subdivision  unless  he  OR  SHE is a citizen or [an alien] A NONCITIZEN
 lawfully admitted for permanent residence in the United States.
   §  15. Section 53 of the civil service law, as added by chapter 133 of
 the laws of 1982, is amended to read as follows:
   § 53. [Alienage] NONCITIZEN STATUS. Except as  otherwise  provided  by
 law,  no [alien] NONCITIZEN lawfully admitted for permanent residence in
 the United States shall be denied  appointment  to  a  position  in  the
 competitive  class of civil service for reasons of [alienage] NONCITIZEN
 STATUS.
   § 16. Paragraph (a) of subdivision  1  of  section  85  of  the  civil
 service  law,  as amended by chapter 608 of the laws of 2021, is amended
 to read as follows:
   (a) The terms "veteran" and "non-disabled veteran" mean  a  member  of
 the  armed  forces  of the United States who was honorably discharged or
 released under honorable circumstances from such service  including  (i)
 having  a qualifying condition as defined in section three hundred fifty
 of the executive law, and receiving a discharge other than  bad  conduct
 or  dishonorable  from  such  service,  or  (ii) being a discharged LGBT
 veteran, as defined in section three hundred fifty of the executive law,
 and receiving a discharge other than bad conduct  or  dishonorable  from
 such  service,  who  is  a  citizen of the United States or [an alien] A
 NONCITIZEN lawfully admitted  for  permanent  residence  in  the  United
 States  and  who  is  a resident of the state of New York at the time of
 application for appointment or promotion or at the time of retention, as
 the case may be.
   § 17. Section 147 of the correction law, as amended by chapter 322  of
 the laws of 2021, is amended to read as follows:
   §  147.  [Alien]  NONCITIZEN  incarcerated individuals of correctional
 facilities. The commissioner shall within three months  after  admission
 of  [an  alien]  A  NONCITIZEN incarcerated individual to a correctional
 facility cause an investigation to be made of the record and past histo-
 ry of such [alien] NONCITIZEN and shall upon  the  termination  of  such
 investigation cause the record of such [alien] NONCITIZEN, together with
 all  facts  disclosed  by such investigation, and his or her recommenda-
 tions as to deportation, to be forwarded  to  the  United  States  immi-
 gration authorities having such matters in charge.
   §  18. Paragraph (c) of subdivision 1 of section 115-a of the domestic
 relations law, as amended by chapter 79 of the laws of 1983, is  amended
 to read as follows:
   (c) The application must be accompanied by duly authenticated documen-
 tary  evidence:  (1) that the child is [an alien] A NONCITIZEN under the
 age of sixteen and (2) that he OR SHE is an orphan because of the  death
 or  disappearance  of  both  parents,  or  because  of  abandonment,  or
 desertion by, or separation or loss from, both parents, or who has  only
 one  parent  due  to  the  death  or  disappearance  of, abandonment, or
 desertion by, or separation or loss  from  the  other  parent,  and  the
 remaining  parent is incapable of providing care for such orphan and has
 in writing irrevocably released him OR HER for emigration and  adoption,
 and  has  consented  to  the  proposed  adoption. In all cases where the
 orphan has no remaining parent under the circumstances set forth  above,
 documentary evidence must be presented that the person, public authority
 or  duly  constituted  agency having lawful custody of the orphan at the
 time of the making of the application, hereunder, has in writing irrevo-
 cably released him OR HER for immigration and adoption and has consented
 to the proposed adoption and (3) that  the  adoptive  parents  agree  to
 S. 9333                             7
 
 adopt  and  treat  the  adoptive child as their or his or her own lawful
 child.
   § 19. Subdivisions 3, 4, and 5 of section 210 of the economic develop-
 ment  law,  as  added by chapter 398 of the laws of 2018, are amended to
 read as follows:
   3. "Minority business enterprise" shall mean any  business  enterprise
 which  is  at  least  fifty-one per centum owned by, or in the case of a
 publicly owned business at least fifty-one per centum of  the  stock  of
 which  is  owned by, citizens or permanent resident [aliens] NONCITIZENS
 who are Black, Hispanic, Asian or American Indian, Pacific  Islander  or
 Alaskan  Native  where  such ownership interest is real, substantial and
 continuing and where such persons have the  authority  to  independently
 control the day-to-day business decisions of the entity.
   4.  "Minority  group  member"  shall  mean  a United States citizen or
 permanent resident [alien] NONCITIZEN who is and can demonstrate member-
 ship in one of the following groups:
   (a) Black persons having origins in any of the  Black  African  racial
 groups not of Hispanic origin;
   (b)  Hispanic  persons  of  Mexican,  Puerto  Rican, Dominican, Cuban,
 Central or South American descent of either Indian or  Hispanic  origin,
 regardless of race;
   (c) Asian and Pacific Islander persons having origins in the Far East,
 Southeast Asia, the Indian sub-continent or the Pacific Islands; or
   (d) American Indian or Alaskan Native persons having origins in any of
 the original peoples of North America.
   5.  "Women-owned  business  enterprise" shall mean any business enter-
 prise which is at least fifty-one per centum owned by, or in the case of
 a publicly owned business at least fifty-one per centum of the stock  of
 which  is  owned by, citizens or permanent resident [aliens] NONCITIZENS
 who are women where such ownership interest  is  real,  substantial  and
 continuing  and  where  such persons have the authority to independently
 control the day-to-day business decisions of the entity.
   § 20. Subdivision 9 of section 305 of the education law is amended  to
 read as follows:
   9.  The  commissioner  shall  procure  with the consent of the federal
 authorities complete lists giving the names, ages and destination within
 the state of all [alien] NONCITIZEN children  of  school  age  and  such
 other  facts  as will tend to identify them, and shall deliver copies of
 such lists to the several boards of education and school boards  in  the
 respective  localities  within the state to which said children shall be
 destined, to aid in the enforcement of the provisions  of  this  chapter
 relative  to  the  compulsory attendance at school of children of school
 age.
   § 21. Subparagraphs 8 and 10 of paragraph  (h)  of  subdivision  2  of
 section 355 of the education law, subparagraph 8 as added by chapter 327
 of the laws of 2002, and subparagraph 10 as amended by section 4 of part
 D of chapter 56 of the laws of 2019, are amended to read as follows:
   (8) Such regulations shall further provide that the payment of tuition
 and  fees  by any student who is not a resident of New York state, other
 than a non-immigrant [alien] NONCITIZEN within the meaning of  paragraph
 (15)  of  subsection (a) of section 1101 of title 8 of the United States
 Code, shall be paid at a rate or charge no greater than that imposed for
 students who are residents of the state if such student:
   (i) attended an approved New York high school for two or  more  years,
 graduated  from an approved New York high school and applied for attend-
 S. 9333                             8
 
 ance at an institution or educational unit of the state university with-
 in five years of receiving a New York state high school diploma; or
   (ii)  attended  an  approved New York state program for general equiv-
 alency diploma exam preparation, received a general equivalency  diploma
 issued  within  New York state and applied for attendance at an institu-
 tion or educational unit of the state university within  five  years  of
 receiving a general equivalency diploma issued within New York state; or
   (iii)  was enrolled in an institution or educational unit of the state
 university in the fall semester or quarter of the two thousand  one--two
 thousand  two  academic  year  and was authorized by such institution or
 educational unit to pay tuition  at  the  rate  or  charge  imposed  for
 students who are residents of the state.
   A  student without lawful immigration status shall also be required to
 file an affidavit with such institution or educational unit stating that
 the student has filed an application to legalize his or her  immigration
 status,  or will file such an application as soon as he or she is eligi-
 ble to do so.
   (10) Such regulations shall further provide that any  student  who  is
 not a legal resident of New York state but is a United States citizen, a
 permanent lawful resident, an individual who is granted U or T non-immi-
 grant  status  pursuant  to  the  Victims  of  Trafficking  and Violence
 Protection Act of 2000, a  person  granted  temporary  protected  status
 pursuant  to  the  Federal  Immigration  Act of 1990, an individual of a
 class of refugees paroled by the attorney general of the  United  States
 under  his  or  her  parole  authority  pertaining  to  the admission of
 [aliens] NONCITIZENS to the  United  States,  or  an  applicant  without
 lawful immigration status may have the payment of tuition and other fees
 and  charges  reduced  by  state-aided  programs,  scholarships or other
 financial assistance awarded under the provisions of articles  thirteen,
 thirteen-A,  fourteen  and fourteen-A of this chapter, provided that the
 student meets the requirements set forth in subparagraph (ii)  of  para-
 graph  a  or  subparagraph  (ii)  of  paragraph b of subdivision five of
 section six hundred sixty-one of this chapter, as applicable.
   § 22. The opening paragraph of subparagraph (ii) of paragraph (a)  and
 the  opening paragraph of subparagraph (ii) of paragraph (b) of subdivi-
 sion 5 of section 661 of the education law,  the  opening  paragraph  of
 subparagraph (ii) of paragraph (a) as amended by section 2 and the open-
 ing  paragraph  of  subparagraph  (ii)  of  paragraph  (b) as amended by
 section 3 of part D of chapter 56 of the laws of 2019,  are  amended  to
 read as follows:
   An  applicant who is not a legal resident of the state eligible pursu-
 ant to subparagraph (i) of this paragraph, but is a United States  citi-
 zen,  a  permanent  lawful resident, an individual who is granted U or T
 non-immigrant status pursuant to the Victims of Trafficking and Violence
 Protection Act of 2000, a  person  granted  temporary  protected  status
 pursuant  to  the  Federal  Immigration  Act of 1990, an individual of a
 class of refugees paroled by the attorney general of the  United  States
 under  his  or  her  parole  authority  pertaining  to  the admission of
 [aliens] NONCITIZENS to the  United  States,  or  an  applicant  without
 lawful  immigration  status shall be eligible for an award at the under-
 graduate level of study provided that the student:
   An applicant who is not a legal resident of the state eligible  pursu-
 ant  to subparagraph (i) of this paragraph, but is a United States citi-
 zen, a permanent lawful resident, an individual who is granted  U  or  T
 non-immigrant status pursuant to the Victims of Trafficking and Violence
 Protection  Act  of  2000,  a  person granted temporary protected status
 S. 9333                             9
 
 pursuant to the Federal Immigration Act of  1990,  an  individual  of  a
 class  of  refugees paroled by the attorney general of the United States
 under his or  her  parole  authority  pertaining  to  the  admission  of
 [aliens]  NONCITIZENS  to  the  United  States,  or an applicant without
 lawful immigration status shall be eligible for an award at the graduate
 level of study provided that the student:
   § 23. Paragraphs (b) and (c) of subdivision 2 of section  692  of  the
 education law, as added by section 1 of part J of chapter 57 of the laws
 of 2009, are amended to read as follows:
   (b)  [an alien] A NONCITIZEN lawfully admitted for permanent residence
 in the United States, or
   (c) an individual of a class  of  refugees  paroled  by  the  attorney
 general  of the United States under his or her parole authority pertain-
 ing to the admission of [aliens] NONCITIZENS to the United States.
   § 24. Subdivision 3 of section 3001 of the education law,  as  amended
 by chapter 658 of the laws of 2002, is amended to read as follows:
   3.  Not a citizen. The provisions of this subdivision shall not apply,
 however, to [an alien] A NONCITIZEN teacher now or  hereafter  employed,
 provided such teacher shall make due application to become a citizen and
 thereafter within the time prescribed by law shall become a citizen. The
 provisions  of this subdivision shall not apply, after July first, nine-
 teen hundred sixty-seven, to [an alien] A  NONCITIZEN  teacher  employed
 pursuant to regulations adopted by the commissioner of education permit-
 ting  such  employment. The citizenship requirements of this subdivision
 shall not apply to [an alien] A  NONCITIZEN  teacher  now  or  hereafter
 employed whose immigration status is that of a lawful permanent resident
 of  the  United States and who would otherwise be eligible to serve as a
 teacher, or to apply for or receive permanent certification as a  teach-
 er, but for the foregoing requirements of this subdivision.
   §  25. Paragraphs (a), (a-1), and (e) of subdivision 7 of section 6206
 of the education law, paragraph (a) as amended by  chapter  327  of  the
 laws of 2002, the opening paragraph of paragraph (a) as amended by chap-
 ter  437  of the laws of 2015, paragraph (a-1) as amended by chapter 260
 of the laws of 2011, and paragraph (e) as amended by section 5 of Part D
 of chapter 56 of the laws of 2019, are amended to read as follows:
   (a) The board of  trustees  shall  establish  positions,  departments,
 divisions  and  faculties; appoint and in accordance with the provisions
 of law fix salaries of  instructional  and  non-instructional  employees
 therein;  establish  and conduct courses and curricula; prescribe condi-
 tions of student admission, attendance and discharge; and shall have the
 power to determine in its discretion whether tuition  shall  be  charged
 and  to  regulate  tuition  charges, and other instructional and non-in-
 structional fees and other fees and charges at the educational units  of
 the  city  university.  The trustees shall review any proposed community
 college tuition increase and the justification for  such  increase.  The
 justification  provided by the community college for such increase shall
 include a detailed analysis of ongoing operating  costs,  capital,  debt
 service  expenditures, and all revenues. The trustees shall not impose a
 differential tuition charge based upon  need  or  income.  All  students
 enrolled  in  programs  leading  to  like degrees at the senior colleges
 shall be charged a uniform rate  of  tuition,  except  for  differential
 tuition  rates  based  on  state  residency.  Notwithstanding  any other
 provision of this paragraph, the trustees may authorize the setting of a
 separate category of tuition  rate,  that  shall  be  greater  than  the
 tuition  rate  for  resident students and less than the tuition rate for
 non-resident students, only for students enrolled in  distance  learning
 S. 9333                            10
 
 courses  who  are not residents of the state. The trustees shall further
 provide that the payment of tuition and fees by any student who is not a
 resident of New York state, other than a non-immigrant [alien]  NONCITI-
 ZEN  within  the  meaning of paragraph (15) of subsection (a) of section
 1101 of title 8 of the United States Code, shall be paid at  a  rate  or
 charge  no  greater  than that imposed for students who are residents of
 the state if such student:
   (i) attended an approved New York high school for two or  more  years,
 graduated  from an approved New York high school and applied for attend-
 ance at an institution or educational unit of the city university within
 five years of receiving a New York state high school diploma; or
   (ii) attended an approved New York state program  for  general  equiv-
 alency  diploma exam preparation, received a general equivalency diploma
 issued within New York state and applied for attendance at  an  institu-
 tion  or  educational  unit  of the city university within five years of
 receiving a general equivalency diploma issued within New York state; or
   (iii) was enrolled in an institution or educational unit of  the  city
 university  in the fall semester or quarter of the two thousand one--two
 thousand two academic year and was authorized  by  such  institution  or
 educational  unit  to  pay  tuition  at  the  rate or charge imposed for
 students who are residents of the state.
   A student without lawful immigration status shall also be required  to
 file an affidavit with such institution or educational unit stating that
 the  student has filed an application to legalize his or her immigration
 status, or will file such an application as soon as he or she is  eligi-
 ble  to  do  so. The trustees shall not adopt changes in tuition charges
 prior to the enactment of the annual budget. The board of  trustees  may
 accept  as  partial  reimbursement  for the education of veterans of the
 armed forces of the United States who are otherwise qualified such  sums
 as  may  be authorized by federal legislation to be paid for such educa-
 tion. The board of trustees may conduct on a fee basis extension courses
 and courses for adult education  appropriate  to  the  field  of  higher
 education.  In  all  courses  and  courses  of  study  it  may,  in  its
 discretion, require students to pay library, laboratory, locker,  break-
 age and other instructional and non-instructional fees and meet the cost
 of  books and consumable supplies. In addition to the foregoing fees and
 charges, the board of trustees may impose and collect fees  and  charges
 for  student  government  and  other  student activities and receive and
 expend them as agent or trustee.
   (a-1) The trustees shall further provide that the payment  of  tuition
 and  fees  by any student who is not a resident of New York state, other
 than a non-immigrant [alien] NONCITIZEN within the meaning of  paragraph
 (15)  of  subsection (a) of section 1101 of title 8 of the United States
 Code, shall be paid at a rate or charge no greater than that imposed for
 students who are residents of the state if such student:
   (i) attended an approved New York high school for two or  more  years,
 graduated  from an approved New York high school and applied for attend-
 ance at an institution or educational unit of the city university within
 five years of receiving a New York state high school diploma; or
   (ii) attended an approved New York state program  for  general  equiv-
 alency  diploma exam preparation, received a general equivalency diploma
 issued within New York state and applied for attendance at  an  institu-
 tion  or  educational  unit  of the city university within five years of
 receiving a general equivalency diploma issued within New York state; or
   (iii) was enrolled in an institution or educational unit of  the  city
 university  in the fall semester or quarter of the two thousand one--two
 S. 9333                            11
 
 thousand two academic year and was authorized  by  such  institution  or
 educational  unit  to  pay  tuition  at  the  rate or charge imposed for
 students who are residents of the state.
   A  student without lawful immigration status shall also be required to
 file an affidavit with such institution or educational unit stating that
 the student has filed an application to legalize his or her  immigration
 status,  or will file such an application as soon as he or she is eligi-
 ble to do so. Except as otherwise authorized in paragraph  (a)  of  this
 subdivision,  the  trustees  shall  not adopt changes in tuition charges
 prior to the enactment of the annual budget. The board of  trustees  may
 accept  as  partial  reimbursement  for the education of veterans of the
 armed forces of the United States who are otherwise qualified such  sums
 as  may  be authorized by federal legislation to be paid for such educa-
 tion. The board of trustees may conduct on a fee basis extension courses
 and courses for adult education  appropriate  to  the  field  of  higher
 education.  In  all  courses  and  courses  of  study  it  may,  in  its
 discretion, require students to pay library, laboratory, locker,  break-
 age and other instructional and non-instructional fees and meet the cost
 of  books and consumable supplies. In addition to the foregoing fees and
 charges, the board of trustees may impose and collect fees  and  charges
 for  student  government  and  other  student activities and receive and
 expend them as agent or trustee.
   (e) The trustees shall further provide that any student who is  not  a
 legal  resident  of  New  York  state  but is a United States citizen, a
 permanent lawful resident, an individual who is granted U or T non-immi-
 grant status  pursuant  to  the  Victims  of  Trafficking  and  Violence
 Protection  Act  of  2000,  a  person granted temporary protected status
 pursuant to the Federal Immigration Act of  1990,  an  individual  of  a
 class  of  refugees paroled by the attorney general of the United States
 under his or  her  parole  authority  pertaining  to  the  admission  of
 [aliens]  NONCITIZENS  to  the  United  States,  or an applicant without
 lawful immigration status may have the payment of tuition and other fees
 and charges reduced  by  state-aided  programs,  scholarships  or  other
 financial  assistance awarded under the provisions of articles thirteen,
 thirteen-A, fourteen and fourteen-A of this chapter, provided  that  the
 student  meets  the requirements set forth in subparagraph (ii) of para-
 graph a or subparagraph (ii) of  paragraph  b  of  subdivision  five  of
 section six hundred sixty-one of this chapter, as applicable.
   §  26.  The  opening paragraph of subdivision 5 of section 6301 of the
 education law, as amended by chapter 327 of the laws of 2002, is amended
 to read as follows:
   A person who has resided in the state for a period  of  at  least  one
 year and in the county, city, town, intermediate school district, school
 district  or  community college region, as the case may be, for a period
 of at least six months, both immediately  preceding  the  date  of  such
 person's  registration  in  a  community college or, for the purposes of
 section sixty-three hundred five of this article, his or her application
 for a certificate of residence; provided, however, that this term  shall
 include  any student who is not a resident of New York state, other than
 a non-immigrant [alien] NONCITIZEN within the meaning of paragraph  (15)
 of  subsection (a) of section 1101 of title 8 of the United States Code,
 if such student:
   § 27. Subdivision 8-a of section 6305 of the education law, as amended
 by section 6 of part D of chapter 56 of the laws of 2019, is amended  to
 read as follows:
 S. 9333                            12
 
   8-a.  The  payment  of tuition and other fees and charges of a student
 who is attending a community college and who is not a legal resident  of
 New  York state but is a United States citizen, a permanent lawful resi-
 dent, an individual who is granted U or T non-immigrant status  pursuant
 to  the  Victims  of  Trafficking and Violence Protection Act of 2000, a
 person granted temporary protected status pursuant to the Federal  Immi-
 gration Act of 1990, an individual of a class of refugees paroled by the
 attorney  general of the United States under his or her parole authority
 pertaining to the  admission  of  [aliens]  NONCITIZENS  to  the  United
 States, or an applicant without lawful immigration status may be reduced
 by  state-aided  programs,  scholarships  and other financial assistance
 awarded under the provisions of articles thirteen, thirteen-A,  fourteen
 and  fourteen-A  of  this  chapter,  provided that the student meets the
 requirements set forth in subparagraph (ii) of paragraph a  or  subpara-
 graph  (ii)  of  paragraph  b of subdivision five of section six hundred
 sixty-one of this chapter, as applicable.
   § 28. The opening paragraph of subparagraph (ii) of paragraph  (a)  of
 subdivision  2  and  the opening paragraph of subparagraph (ii) of para-
 graph (a) of subdivision 3 of section 6455 of  the  education  law,  the
 opening paragraph of subparagraph (ii) of paragraph (a) of subdivision 2
 as  amended  by section 7 and the opening paragraph of subparagraph (ii)
 of paragraph (a) of subdivision 3 as amended by section 8 of part  D  of
 chapter 56 of the laws of 2019, are amended to read as follows:
   An applicant who is not a legal resident of New York state, but who is
 a  United States citizen, a permanent lawful resident, an individual who
 is granted U or T non-immigrant status pursuant to the Victims of  Traf-
 ficking  and Violence Protection Act of 2000, a person granted temporary
 protected status pursuant to the Federal Immigration  Act  of  1990,  an
 individual of a class of refugees paroled by the attorney general of the
 United States under his or her parole authority pertaining to the admis-
 sion of [aliens] NONCITIZENS to the United States, or an applicant with-
 out  lawful  immigration  status,  shall be eligible for an award at the
 undergraduate level of study provided that the student:
   An applicant who is not a legal resident of New York state, but either
 is a United States citizen, a permanent lawful resident,  an  individual
 who  is  granted  U or T non-immigrant status pursuant to the Victims of
 Trafficking and Violence Protection Act of 2000, a person granted tempo-
 rary protected status pursuant to the Federal Immigration Act  of  1990,
 an  individual of a class of refugees paroled by the attorney general of
 the United States under his or her parole authority  pertaining  to  the
 admission  of [aliens] NONCITIZENS to the United States, or an applicant
 without lawful immigration status shall be eligible for an award at  the
 graduate level of study provided that the student:
   §  29. 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] A NONCITIZEN lawfully admitted for permanent residence in the
 United States;
   § 30. 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] A NONCITIZEN 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] A NONCITIZEN physician to practice in
 an area which has been designated by the department as medically  under-
 S. 9333                            13
 
 served,  except that the board of regents may grant an additional exten-
 sion not to exceed six years to [an alien]  A  NONCITIZEN  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  addi-
 tional  years, for the holder of an H-1b visa, an O-1 visa, or an equiv-
 alent or successor visa thereto;
   § 31. 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] A NONCITIZEN lawfully admitted for permanent residence in the
 United States;
   § 32. 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] A NONCITIZEN 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] A NONCITIZEN to practice in an area
 which has been designated 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] A NONCITIZEN to enable him or her
 to secure citizenship or permanent resident status, provided such status
 is being actively pursued;
   § 33. 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]  A  NONCITIZEN
 lawfully   admitted  for  permanent  residence  in  the  United  States;
 provided, however, that the department may grant a three year waiver for
 [an alien] A NONCITIZEN 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] A NONCITI-
 ZEN  to  enable  him  or her to secure citizenship or permanent resident
 status, provided such status  is  being  actively  pursued.  No  current
 faculty  member  shall be displaced by the holder of a restricted dental
 faculty license.
   § 34. 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] A NONCITIZEN 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] A NONCITIZEN to practice in an area
 which has been designated 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] A NONCITIZEN to enable him or her
 to secure citizenship or permanent resident status, provided such status
 is being actively pursued;
   § 35. 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] A NONCITIZEN 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
 S. 9333                            14
 
 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;
   §  36.  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] A NONCITIZEN 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;
   §  37.  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] A NONCITIZEN lawfully admitted for permanent residence in the
 United States;
   § 38. 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] A NONCITIZEN lawfully admitted for permanent residence in the
 United States.
   § 39. 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:
   (6) Citizenship or immigration status: be a United States  citizen  or
 [an alien] A NONCITIZEN lawfully admitted for permanent residence in the
 United States;
   §  40. 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] A NONCITIZEN lawfully admitted for permanent residence in the
 United States;
   § 41. 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] A NONCITIZEN lawfully admitted for permanent residence in the
 United States;
   §  42.  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] A NONCITIZEN lawfully admitted for permanent residence in the
 United States;
   § 43. 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] A NONCITIZEN lawfully admitted for permanent residence in the
 United States;
   § 44. Paragraph a of subdivision 1 of section 52-0113 of the  environ-
 mental conservation law, as added by chapter 512 of the laws of 1986, is
 amended to read as follows:
 S. 9333                            15
 
   a.  In  the  performance of projects pursuant to this article minority
 and women-owned business enterprises shall be given the opportunity  for
 meaningful  participation.  The department or the office shall establish
 measures and procedures to secure meaningful participation and  identify
 those  contracts  and  items  of work for which minority and women-owned
 business enterprises may best bid to actively and affirmatively  promote
 and  assist their participation in the projects, so as to facilitate the
 award of a fair share of contracts to such enterprises; provided, howev-
 er, that nothing in this article shall be construed to limit the ability
 of the department or  office  to  assure  that  qualified  minority  and
 women-owned  business  enterprises  may  participate in the program. For
 purposes hereof, minority business enterprise shall  mean  any  business
 enterprise  which  is  at least fifty-one per centum owned by, or in the
 case of a publicly owned business, at least fifty-one per centum of  the
 stock  of  which  is  owned  by  citizens or permanent resident [aliens]
 NONCITIZENS who are Black, Hispanic, Asian or American  Indian,  Pacific
 Islander  or  Alaskan  natives  and  such  ownership  interest  is real,
 substantial and continuing  and  have  the  authority  to  independently
 control the day to day business decisions of the entity for at least one
 year; and women-owned business enterprise shall mean any business enter-
 prise which is at least fifty-one per centum owned by, or in the case of
 a publicly owned business, at least fifty-one per centum of the stock of
 which  is  owned  by citizens or permanent resident [aliens] NONCITIZENS
 who are women, and such ownership  interest  is  real,  substantial  and
 continuing  and  have  the authority to independently control the day to
 day business decisions of the entity for at least one year.
   § 45. 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, or [aliens] NONCITIZENS lawfully admitted for
 permanent residence in the United States, as he OR SHE shall deem proper
 and who shall produce to him satisfactory evidence of their good charac-
 ter, 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  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 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 sure-
 ties, in the penal sum of ten thousand dollars, to be approved  by  such
 mayor  or local licensing authority, which bond shall be conditioned for
 S. 9333                            16
 
 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.
   §  46.  Paragraph  d  of subdivision 4 of section 184-a of the general
 business law, as amended by chapter 632 of the laws of 1975, is  amended
 to read as follows:
   d.  Employer's cancellation fee. The agency shall be entitled to a fee
 from the employer not exceeding  twenty-five  dollars  if  the  employer
 cancels  his  job  order  before  the acceptance of the job offer by the
 employee. If the cancellation occurs after such  acceptance  and  before
 certification  for  [alien]  NONCITIZEN  employment  by  the appropriate
 governmental agency, the fee shall not  exceed  fifty  dollars.  If  the
 cancellation  occurs after such acceptance and after such certification,
 the fee shall not exceed  seventy-five  dollars.  No  cancellation  fee,
 however, shall be payable if within a reasonable time after the employer
 placed his OR HER job order the agency failed to make reasonable efforts
 to supply a job applicant to the employer.
   § 47. 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 citi-
 zen of the United States or [an alien] A  NONCITIZEN  lawfully  admitted
 for permanent residence in the United States.
   This license shall be revocable only for cause.
   § 48. Section 253 of the judiciary law is amended to read as follows:
   §  253.  Clerk's  fees  upon naturalization.   The clerk of any court,
 which has jurisdiction to naturalize [an alien] A NONCITIZEN,  is  enti-
 tled, for the services specified in this section, to the following fees:
   For all services, upon the filing of a declaration of intention by [an
 alien]  A NONCITIZEN to become a citizen, including the oath or affirma-
 tion, the recording of the same, and a certificate thereof delivered  to
 the [alien] NONCITIZEN, twenty cents.
   For all services, upon the admission of the [alien] NONCITIZEN to be a
 citizen,  including the recording of the papers, and a certified copy of
 the record, which must be delivered to any person  requiring  it,  fifty
 cents.
   §  49.  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] NONCITIZEN STATUS or sex shall constitute no cause for refus-
 ing any person examination or admission to practice.
   § 50. Subdivision 10 of section 21 of the labor  law,  as  amended  by
 chapter 756 of the laws of 1975, is amended to read as follows:
   10.  May investigate the condition of [aliens] NONCITIZENS relative to
 their employment in industry;
   § 51. Subdivision 9 of section 590 of the labor law, as added by chap-
 ter 675 of the laws of 1977, paragraph (a) as amended by chapter 589  of
 S. 9333                            17

 the  laws  of  1998,  paragraph  (d) as added by section 11 of part O of
 chapter 57 of the laws of 2013, is amended to read as follows:
   9.  Benefits based on employment performed by [illegal aliens] UNDOCU-
 MENTED NONCITIZENS. (a) Remuneration received by a claimant who was  [an
 alien]  A NONCITIZEN at the time such remuneration was paid shall not be
 taken into consideration for the purpose of establishing rights to bene-
 fits under this article unless the claimant was then  lawfully  admitted
 for  permanent residence in the United States, was then lawfully present
 for purposes of performing such services or was then permanently  resid-
 ing  in  the  United  States  under  color  of law, including a claimant
 lawfully present pursuant to section 207 or 208  of  the  federal  immi-
 gration and nationality act.
   (b)  A  determination  that  benefits  are  not  payable to a claimant
 because of the claimant's [alien] NONCITIZEN status shall be  made  only
 upon  a preponderance of the evidence, and shall be effective only if it
 is in conformity with section 3304 (a) (14) of the federal  unemployment
 tax act.
   (c) Any data or information required of a claimant to determine wheth-
 er  benefits  are  not  payable  to  [him] SUCH CLAIMANT because of [his
 alien] NONCITIZEN status shall be uniformly required from all claimants.
   (d) [An alien] A NONCITIZEN who is not eligible under  8  USC  1621(a)
 shall  be  eligible  for  benefits,  provided such [alien] NONCITIZEN is
 eligible for benefits under the provisions of this article  and  section
 3304 (a) (14) of the federal unemployment tax act.
   §  52.  Section  67.01 of the mental hygiene law is amended to read as
 follows:
 § 67.01 Report of [aliens] NONCITIZENS.
   The commissioner shall report to appropriate federal  authorities  all
 [alien] NONCITIZEN mentally disabled persons in department facilities.
   §  53.  Paragraph  i  of  subdivision  4 of section 3.23 of the parks,
 recreation and historic preservation law, as amended by chapter  717  of
 the laws of 1988, is amended to read as follows:
   i.  A  corps  member must be a citizen or lawful permanent resident or
 lawfully admitted [alien] NONCITIZEN;
   § 54. Subdivisions 1 and 7 of section 400.00 of the penal law,  subdi-
 vision  1  as amended by chapter 1 of the laws of 2013, paragraph (c) of
 subdivision 1 as amended by chapter 60 of the laws of 2018, are  amended
 to read as follows:
   1. Eligibility. No license shall be issued or renewed pursuant to this
 section  except  by  the licensing officer, and then only after investi-
 gation and finding that all statements in a  proper  application  for  a
 license  are  true.  No license shall be issued or renewed except for an
 applicant (a) twenty-one years of age or older, provided, however,  that
 where  such  applicant  has  been  honorably  discharged from the United
 States army, navy, marine corps,  air  force  or  coast  guard,  or  the
 national  guard  of the state of New York, no such age restriction shall
 apply; (b) of good moral character;  (c)  who  has  not  been  convicted
 anywhere  of  a felony or a serious offense or who is not the subject of
 an outstanding warrant of arrest issued upon the alleged commission of a
 felony or serious offense; (d) who is not a fugitive from  justice;  (e)
 who  is  not an unlawful user of or addicted to any controlled substance
 as defined in section 21 U.S.C. 802; (f) who being [an alien] A NONCITI-
 ZEN (i) is not illegally or unlawfully in the United States or (ii)  has
 not been admitted to the United States under a nonimmigrant visa subject
 to the exception in 18 U.S.C. 922(y)(2); (g) who has not been discharged
 from  the  Armed  Forces  under dishonorable conditions; (h) who, having
 S. 9333                            18
 
 been a citizen of the United States, has not renounced his or her  citi-
 zenship;  (i)  who  has  stated  whether he or she has ever suffered any
 mental illness; (j) who has not been involuntarily committed to a facil-
 ity  under  the  jurisdiction  of  an office of the department of mental
 hygiene pursuant to article nine or fifteen of the mental  hygiene  law,
 article seven hundred thirty or section 330.20 of the criminal procedure
 law,  section  four  hundred two or five hundred eight of the correction
 law, section 322.2 or 353.4 of the family court act,  or  has  not  been
 civilly  confined in a secure treatment facility pursuant to article ten
 of the mental hygiene law; (k) who has not had a license revoked or  who
 is  not under a suspension or ineligibility order issued pursuant to the
 provisions of section 530.14 of the criminal procedure  law  or  section
 eight  hundred forty-two-a of the family court act; (l) in the county of
 Westchester, who has successfully completed a firearms safety course and
 test as evidenced by a certificate of completion issued in  his  or  her
 name  and endorsed and affirmed under the penalties of perjury by a duly
 authorized instructor,  except  that:  (i)  persons  who  are  honorably
 discharged  from  the  United  States  army, navy, marine corps or coast
 guard, or of the national guard of the state of New  York,  and  produce
 evidence  of  official  qualification  in  firearms  during  the term of
 service are not required to have completed those  hours  of  a  firearms
 safety  course pertaining to the safe use, carrying, possession, mainte-
 nance and storage of a firearm; and (ii) persons who  were  licensed  to
 possess  a  pistol or revolver prior to the effective date of this para-
 graph are not required to have completed a firearms  safety  course  and
 test;  (m)  who has not had a guardian appointed for him or her pursuant
 to any provision of state law, based on a determination that as a result
 of marked subnormal intelligence, mental illness, incapacity,  condition
 or  disease,  he  or she lacks the mental capacity to contract or manage
 his or her own affairs; and (n) concerning whom no good cause exists for
 the denial of the license. No person shall engage  in  the  business  of
 gunsmith or dealer in firearms unless licensed pursuant to this section.
 An  applicant  to engage in such business shall also be a citizen of the
 United States, more than twenty-one years of age and maintain a place of
 business in the city or county where the license  is  issued.  For  such
 business, if the applicant is a firm or partnership, each member thereof
 shall  comply with all of the requirements set forth in this subdivision
 and if the applicant is a corporation, each  officer  thereof  shall  so
 comply.
   7.  License:  form. Any license issued pursuant to this section shall,
 except in the city of New York, be approved as to  form  by  the  super-
 intendent  of  state  police.  A license to carry or possess a pistol or
 revolver shall have attached the licensee's  photograph,  and  a  coupon
 which shall be removed and retained by any person disposing of a firearm
 to  the licensee. Such license shall specify the weapon covered by cali-
 bre, make, model, manufacturer's name and serial number, or if none,  by
 any  other distinguishing number or identification mark, and shall indi-
 cate whether issued to carry on the person or possess on  the  premises,
 and  if  on the premises shall also specify the place where the licensee
 shall possess the same. If such  license  is  issued  to  [an  alien]  A
 NONCITIZEN,  or  to  a person not a citizen of and usually a resident in
 the state, the licensing officer shall state in the license the  partic-
 ular  reason for the issuance and the names of the persons certifying to
 the good character of the applicant. Any license as gunsmith  or  dealer
 in  firearms  shall  mention  and  describe the premises for which it is
 issued and shall be valid only for such premises.
 S. 9333                            19
 
   § 55. Subdivision 3 of section 1020-v of the public  authorities  law,
 as  added  by  chapter  517  of  the laws of 1986, is amended to read as
 follows:
   3. In the performance of projects pursuant to this title, minority and
 women-owned  business  enterprises  shall  be  given the opportunity for
 meaningful participation. The  authority  shall  establish  quantifiable
 standards and measures and procedures to secure meaningful participation
 and  identify  those  contracts and items of work for which minority and
 women-owned business enterprises may best bid to actively  and  affirma-
 tively  promote  and  assist  their  participation in projects, so as to
 facilitate the award of a fair share of contracts to  such  enterprises;
 provided,  however,  that  nothing  in  this title shall be construed to
 limit the ability of the authority to assure that  [qualifed]  QUALIFIED
 minority  and  women-owned  business  enterprises may participate in the
 program. For purposes hereof, minority business  enterprise  shall  mean
 any business enterprise which is at least fifty-one per centum owned by,
 or  in  the  case  of  a publicly owned business, at least fifty-one per
 centum of the stock or other voting interest is  owned  by  citizens  or
 permanent  resident [aliens] NONCITIZENS who are Black, Hispanic, Asian,
 American Indian, Pacific islander, or Alaskan native, and such ownership
 interest is real, substantial and continuing and has  the  authority  to
 independently  control  the  day to day business decisions of the entity
 for at least one year; and women-owned business  enterprise  shall  mean
 any business enterprise which is at least fifty-one per centum owned by,
 or  in  the  case  of  a publicly owned business, at least fifty-one per
 centum of the stock to other voting interests of which is owned by citi-
 zens or permanent resident [aliens] NONCITIZENS who are women, and  such
 ownership  interest  is  real,  substantial  and  continuing and has the
 authority to independently control the day to day business decisions  of
 the entity for at least one year.
   The provisions of this subdivision shall not be construed to limit the
 ability of any minority business enterprise to bid on any contract.
   §  56.  Subdivision 3 of section 1045-x of the public authorities law,
 as added by chapter 513 of the laws of  1984,  is  amended  to  read  as
 follows:
   3.  Any  contracting  agency  empowered to award contracts for design,
 construction, services or materials shall seek meaningful  participation
 in  the  performance  of  contracts by minority business enterprises and
 shall establish measures and procedures to identify those contracts  and
 items  of  work  for which minority business enterprises may best bid to
 actively and affirmatively promote and assist their participation so  as
 to  facilitate  the  award  of  a fair share of contracts to such enter-
 prises. For purposes hereof, "minority business enterprise"  shall  mean
 any business enterprise which is at least fifty-one per centum owned by,
 or  in  the  case  of  a publicly owned business, at least fifty-one per
 centum of the stock of which is owned by citizens or permanent  resident
 [aliens]  NONCITIZENS who are Black, Hispanic, Asian, American Indian or
 women, and such ownership interest is real, substantial and  continuing.
 The  provisions  of this subdivision shall not be construed to limit the
 ability of any minority business enterprise to bid on any contract.
   § 57. Subdivision 3 of section 1048-x of the public  authorities  law,
 as  added  by  chapter  796  of  the laws of 1985, is amended to read as
 follows:
   3. Any contracting agency empowered to  award  contracts  for  design,
 construction,  services or materials shall seek meaningful participation
 in the performance of contracts by  minority  business  enterprises  and
 S. 9333                            20
 
 shall  establish measures and procedures to identify those contracts and
 items of work for which minority business enterprises may  best  bid  to
 actively  and affirmatively promote and assist their participation so as
 to  facilitate  the  award  of  a fair share of contracts to such enter-
 prises.  For purposes hereof, "minority business enterprise" shall  mean
 any business enterprise which is at least fifty-one per centum owned by,
 or  in  the  case  of  a publicly owned business, at least fifty-one per
 centum of the stock of which is owned by citizens or permanent  resident
 [aliens]  NONCITIZENS who are Black, Hispanic, Asian, American Indian or
 women, and such ownership interest is real, substantial and  continuing.
 The  provisions  of this subdivision shall not be construed to limit the
 ability of any minority business enterprise to bid on any contract.
   § 58. Subdivision 3 of section 1115-x of the public  authorities  law,
 as  added  by  chapter  868  of  the laws of 1986, is amended to read as
 follows:
   3. Any contracting agency empowered to  award  contracts  for  design,
 construction,  services or materials shall seek meaningful participation
 in the performance of contracts by  minority  business  enterprises  and
 shall  establish measures and procedures to identify those contracts and
 items of work for which minority business enterprises may  best  bid  to
 actively  and affirmatively promote and assist their participation so as
 to facilitate the award of a fair share  of  contracts  to  such  enter-
 prises.   For purposes hereof, "minority business enterprise" shall mean
 any business enterprise which is at least fifty-one per centum owned by,
 or in the case of a publicly owned  business,  at  least  fifty-one  per
 centum  of the stock of which is owned by citizens or permanent resident
 [aliens] NONCITIZENS who are Black, Hispanic, Asian, American Indian  or
 women,  and such ownership interest is real, substantial and continuing.
 The provisions of this subdivision shall not be construed to  limit  the
 ability of any minority business enterprise to bid on any contract.
   §  59.  Subdivision 3 of section 1197-q of the public authorities law,
 as added by chapter 795 of the laws of  1985,  is  amended  to  read  as
 follows:
   3.  The  authority shall seek meaningful participation in the perform-
 ance of contracts by minority business enterprises and  shall  establish
 measures  and  procedures  to identify those contracts and items of work
 for which minority business enterprises may best  bid  to  actively  and
 affirmatively promote and assist their participation so as to facilitate
 the award of a fair share of contracts to such enterprises. For purposes
 hereof,  "minority  business  enterprise" shall mean any business enter-
 prise which is at least fifty-one per centum owned by, or in the case of
 a publicly owned business, at least fifty-one per centum of the stock of
 which is owned by citizens or permanent  resident  [aliens]  NONCITIZENS
 who  are  Black,  Hispanic,  Asian,  American  Indian or women, and such
 ownership interest is real, substantial and continuing.  The  provisions
 of  this  subdivision shall not be construed to limit the ability of any
 minority business enterprise to bid on any contract.
   § 60. Subdivision 3 of section 1199-v of the public  authorities  law,
 as  added  by  chapter  723  of  the laws of 1986, is amended to read as
 follows:
   3. Any contracting agency empowered to  award  contracts  for  design,
 construction,  services or materials shall seek meaningful participation
 in the performance of contracts by  minority  business  enterprises  and
 shall  establish measures and procedures to identify those contracts and
 items of work for which minority business enterprises may  best  bid  to
 actively  and affirmatively promote and assist their participation so as
 S. 9333                            21
 
 to facilitate the award of a fair share  of  contracts  to  such  enter-
 prises.   For purposes hereof, "minority business enterprise" shall mean
 any business enterprise which is at least fifty-one per centum owned by,
 or  in  the  case  of  a publicly owned business, at least fifty-one per
 centum of the stock of which is owned by citizens or permanent  resident
 [aliens]  NONCITIZENS who are Black, Hispanic, Asian, American Indian or
 women, and such ownership interest is real, substantial and  continuing.
 The  provisions  of this subdivision shall not be construed to limit the
 ability of any minority business enterprise to bid on any contract.
   § 61. Subparagraph (i) of paragraph (a) of subdivision 14  of  section
 1266-c  of  the  public  authorities law, as added by chapter 929 of the
 laws of 1986, is amended to read as follows:
   (i) In the performance of projects pursuant to this title minority and
 women-owned business enterprises shall  be  given  the  opportunity  for
 meaningful participation. The authority provided for in this title shall
 establish measures and procedures to secure meaningful participation and
 identify  those  contracts  and  items  of  work  for which minority and
 women-owned business enterprises may best bid to actively  and  affirma-
 tively  promote and assist their participation in the projects, so as to
 facilitate the award of a fair share of contracts to  such  enterprises;
 provided,  however,  that  nothing  in  this title shall be construed to
 limit the ability of the authority to assure that qualified minority and
 women-owned business enterprises may participate  in  the  program.  For
 purposes  hereof,  minority  business enterprise shall mean any business
 enterprise which is at least fifty-one per centum owned by,  or  in  the
 case  of a publicly owned business, at least fifty-one per centum of the
 stock of which is owned  by  citizens  or  permanent  resident  [aliens]
 NONCITIZENS  who  are Black, Hispanic, Asian or American Indian, Pacific
 Islander or  Alaskan  natives  and  such  ownership  interest  is  real,
 substantial  and  continuing  and  have  the  authority to independently
 control the day to day business decisions of the entity for at least one
 year; and women-owned business enterprise shall mean any business enter-
 prise which is at least fifty-one per centum owned by, or in the case of
 a publicly owned business, at least fifty-one per centum of the stock of
 which is owned by citizens or permanent  resident  [aliens]  NONCITIZENS
 who  are  women,  and  such  ownership interest is real, substantial and
 continuing and have the authority to independently control  the  day  to
 day business decisions of the entity for at least one year.
   The  provisions  of this paragraph shall not be construed to limit the
 ability of any minority or women-owned business enterprise to bid on any
 contract.
   § 62. Section 1974-d of the public authorities law, as added by  chap-
 ter 32 of the laws of 1986, is amended to read as follows:
   §  1974-d.  Contracts.  In  connection with development, construction,
 operations and maintenance contracts  for  projects  of  the  authority,
 minority and women-owned business enterprises and minority group members
 and  women  shall be given the opportunity for meaningful participation.
 The authority shall establish measures and procedures to secure meaning-
 ful participation by minority and women-owned  business  enterprises  on
 contracts  for  projects  of the authority. Such measures and procedures
 shall also promote the employment of minority group members and women on
 such contracts. For the purposes thereof, "minority business enterprise"
 shall mean any business enterprise  which  is  at  least  fifty-one  per
 centum  owned  by, or in the case of a publicly owned business, at least
 fifty-one per centum of the stock of  which  is  owned  by  citizens  or
 permanent  resident  [aliens] NONCITIZENS who are Black, Hispanic, Asian
 S. 9333                            22
 
 or American Indian, and such ownership interest is real, substantial and
 continuing and "women-owned business enterprise" shall mean any business
 enterprise which is at least fifty-one per centum owned by,  or  in  the
 case  of  a  publicly  owned business, at least fifty-one percent of the
 stock of which is owned  by  citizens  or  permanent  resident  [aliens]
 NONCITIZENS  who are women and such ownership interest is real, substan-
 tial and continuing.  The  provisions  of  this  section  shall  not  be
 construed  to  limit the ability of any minority or women-owned business
 enterprise to bid on any contract. In order to  implement  the  require-
 ments  and  objectives of this section in connection with such projects,
 the authority shall be responsible for monitoring  compliance  with  the
 provisions  hereof,  providing advice on the availability of competitive
 qualified minority  and  women-owned  business  enterprises  to  perform
 contracts  proposed to be awarded, and making recommendations to improve
 the access of minority and women-owned  business  enterprises  to  these
 contracts.
   §  63.  Subdivision 3 of section 2050-v of the public authorities law,
 as amended by chapter 174 of the laws of 1987, is  amended  to  read  as
 follows:
   3. The agency in awarding contracts for design, construction, services
 or  materials, shall seek meaningful participation in the performance of
 contracts by minority business enterprises and shall establish  measures
 and  procedures  to identify those contracts and items of work for which
 minority business enterprises may best bid to actively and affirmatively
 promote and assist their participation so as to facilitate the award  of
 a  fair  share  of  contracts  to such enterprises. For purposes hereof,
 "minority business enterprise" shall mean any business enterprise  which
 is  at least fifty-one per centum owned by, or in the case of a publicly
 owned business, at least fifty-one per centum of the stock of  which  is
 owned  by  citizens  or  permanent resident [aliens] NONCITIZENS who are
 Black, Hispanic, Asian, American Indian or  women,  and  such  ownership
 interest  is  real,  substantial  and continuing. The provisions of this
 subdivision shall not be construed to limit the ability of any  minority
 business enterprise to bid on any contract.
   §  64.  Subdivision  4  of section 2799-gggg of the public authorities
 law, as added by chapter 383 of the laws of 2019, is amended to read  as
 follows:
   4.  The  corporation  shall  seek meaningful participation by minority
 business enterprises in  the  programs  of  the  corporation  and  shall
 actively and affirmatively promote and assist their participation in the
 corporation's programs, so as to facilitate the award of a fair share of
 contracts  to  such enterprises. For purposes hereof, "minority business
 enterprise" shall mean any business enterprise which is at least  fifty-
 one  per  centum owned by, or in the case of publicly owned business, at
 least fifty-one per centum of the stock of which is owned  by,  citizens
 or  permanent  resident  [aliens]  NONCITIZENS  who are Black, Hispanic,
 Asian, American Indian or women, and such ownership  interest  is  real,
 substantial and continuing.
   §  65. Paragraph (d) and subparagraph (i) of paragraph (e) of subdivi-
 sion 3 of section 2879 of the public  authorities  law,  as  amended  by
 chapter 564 of the laws of 1988, are amended to read as follows:
   (d)  For the purposes of this section, a minority group member means a
 United States citizen or permanent resident [alien]  NONCITIZEN  who  is
 and can demonstrate membership in one of the following groups:
   (i)  Black  persons  having origins in any of the Black African racial
 groups not of Hispanic origin;
 S. 9333                            23
 
   (ii) Hispanic persons of  Mexican,  Puerto  Rican,  Dominican,  Cuban,
 Central  or  South American of either Indian or Hispanic origin, regard-
 less of race;
   (iii)  Asian and Pacific Islander persons having origins in any of the
 Far East, Southeast  Asia,  the  Indian  sub-continent  or  the  Pacific
 Islands; or
   (iv)  Native  American  persons  having origins in any of the original
 peoples of North America.
   (i) at least fifty-one percent owned by  one  or  more  United  States
 citizens  or permanent resident [aliens] NONCITIZENS who are women or in
 the case of a publicly-owned business at least fifty-one percent of  the
 common  stock  or  other  voting  interests  of which is owned by United
 States citizens or  permanent  resident  [aliens]  NONCITIZENS  who  are
 women;
   §  66.  Paragraph (d) of subdivision 10 of section 268-a of the public
 health law, as added by section 2 of part T of chapter 57 of the laws of
 2019, is amended to read as follows:
   (d) is, and is reasonably expected to be, for the  entire  period  for
 which  enrollment  is sought, a citizen or national of the United States
 or [an alien] A NONCITIZEN lawfully present in the United States.
   § 67. 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] A NONCITIZEN
 lawfully admitted for permanent residence in the United States;
   § 68. Subdivision 2 of section 10 of the real property law, as amended
 by chapter 272 of the laws of 1944, is amended to read as follows:
   2. [Aliens] NONCITIZENS are empowered to  take,  hold,  transmit,  and
 dispose  of  real  property  within  this  state  in  the same manner as
 native-born citizens and their heirs  and  devisees  take  in  the  same
 manner as citizens.
   §  69.  Section  15  of  the  real  property law is amended to read as
 follows:
   § 15. Title through [alien] NONCITIZEN.  The right, title or  interest
 in  or  to real property in this state now held or hereafter acquired by
 any person entitled to hold the same can not be questioned or  impeached
 by reason of the [alienage] NONCITIZEN STATUS of any person through whom
 such  title  may  have  been derived. Nothing in this section affects or
 impairs the right of any heir, devisee, mortgagee, or creditor by  judg-
 ment or otherwise.
   §  70.  Section  16  of  the  real  property law is amended to read as
 follows:
   § 16. Liabilities of [alien]  NONCITIZEN  holders  of  real  property.
 Every  [alien] NONCITIZEN holding real property in this state is subject
 to duties, assessments, taxes and burdens as  if  [he]  SUCH  NONCITIZEN
 were a citizen of the state.
   §  71. Paragraph (g) of subdivision 1 of section 321 of the real prop-
 erty law, as added by chapter 873 of the laws of  1948,  is  amended  to
 read as follows:
   (g)  If the mortgage is stated in the certificate of discharge to have
 been taken by the [alien] NONCITIZEN property custodian under and pursu-
 ant to the trading with the enemy  act  adopted  by  the  United  States
 congress,  and  approved October sixth, nineteen hundred sixteen, or any
 act amendatory thereof, or supplemental thereto, such certificate may be
 executed by such [alien] NONCITIZEN property custodian or such person as
 the president may appoint to give full  acquittance  and  discharge  for
 S. 9333                            24
 
 money or property belonging to an enemy or ally of an enemy which may be
 conveyed,  assigned, delivered or transferred to said [alien] NONCITIZEN
 property custodian, with like effect as if the same had been executed by
 the  mortgagee, [his] OR THE personal representative or assignee OF SUCH
 MORTGAGEE.  Such certificate may be recorded, and such certificate,  the
 record  thereof and a certified copy of such record may be introduced in
 evidence in all courts of this state.
   § 72. Section 336 of the real property law, as added by chapter 435 of
 the laws of 1921, is amended to read as follows:
   § 336. Effect of recording demands or requirements of [alien] NONCITI-
 ZEN property custodian.  The recording in any county clerk's  or  regis-
 ter's  office of a demand or requirement against real property described
 therein, made by or on behalf of the [alien] NONCITIZEN property  custo-
 dian under and pursuant to the trading with the enemy act adopted by the
 United  States congress and approved October sixth, nineteen hundred and
 seventeen, or any act amendatory thereof or supplemental thereto, or any
 executive order or proclamation issued in pursuance thereof,  when  duly
 indexed against the name of the person or corporation whose property has
 thereby  been demanded or required, shall have the same force and effect
 as the making of, delivery and recording of a deed of such real property
 or interest therein by  such  person  or  corporation  to  said  [alien]
 NONCITIZEN property custodian. All recitals contained in any such demand
 or  requirement,  and  in  any deed made by such custodian heretofore or
 hereafter recorded of all facts required  or  permitted  by  said  acts,
 proclamations  or  executive  orders  to  be found or determined by said
 [alien] NONCITIZEN property custodian, and all recitals  of  conclusions
 or  determinations  by  said  acts,  proclamations  or  executive orders
 authorized to be made by [him] SUCH INDIVIDUAL, and all recitals of acts
 or things done by said custodian or [his] agents THEREOF in  respect  to
 the  seizure  of  said  property shall be evidence of the facts, conclu-
 sions, determinations, acts and things so recited in any court  of  this
 state in any action or proceeding affecting the title to or ownership of
 such real property. Three months after this section takes effect and the
 recording  of  the  instrument  containing such recitals, the same shall
 become conclusive evidence of  all  such  facts,  conclusions,  determi-
 nations,  acts and things as are so recited therein in any action in any
 court affecting the title to or ownership  of  said  land,  unless  said
 action  shall  have  been  commenced before the expiration of such three
 months.
   § 73. The opening paragraph of subdivision 5 of  section  176  of  the
 retirement  and social security law, as added by chapter 171 of the laws
 of 2010, is amended to read as follows:
   The term "minority group member" shall mean a United States citizen or
 permanent resident [alien] NONCITIZEN who is and can demonstrate member-
 ship in one of the following groups:
   § 74. Subparagraph (ii) of paragraph (a) and paragraph (e) of subdivi-
 sion 3 of section 307 of the surrogate's court procedure act, as amended
 by chapter 355 of the laws of 2000, are amended to read as follows:
   (ii) where a person is alleged to be within a country with  which  the
 United  States  of  America  is  at war or a place with which the United
 States of America does not maintain postal communication, the court  may
 direct  that  a  copy  of  the process shall be mailed on behalf of such
 person to the officer who may have been appointed to take possession  of
 the property of [alien] NONCITIZEN enemies, or
   (e)  if  the  interest  of a non-domiciliary [alien] NONCITIZEN in the
 estate is less than $2,500 or his OR HER  address  is  unknown  or  such
 S. 9333                            25
 
 estate's  gross  assets  are less than $25,000, by delivery of a copy of
 the process to a consular official of the [alien's] NONCITIZEN'S nation.
   §  75. Subdivision 5 of section 401 of the surrogate's court procedure
 act is amended to read as follows:
   5. Termination of appearance of consul. When a consular official shall
 have appeared in behalf of [an alien] A NONCITIZEN, a subsequent appear-
 ance by the attorney in fact  of  the  [alien]  NONCITIZEN  pursuant  to
 recorded power of attorney or appearance by an authorized attorney shall
 terminate the appearance of the consul.
   § 76. Paragraph (c) of subdivision 1 of section 707 of the surrogate's
 court  procedure  act, as amended by chapter 469 of the laws of 1995, is
 amended to read as follows:
   (c) a non-domiciliary [alien] NONCITIZEN except one who is  a  foreign
 guardian  as  provided in subdivision four of section one thousand seven
 hundred sixteen of this chapter, or one who shall serve with one or more
 co-fiduciaries, at least one of whom is  resident  in  this  state.  Any
 appointment  of  a non-domiciliary [alien] NONCITIZEN fiduciary or a New
 York resident fiduciary hereunder shall be made  by  the  court  in  its
 discretion
   §  77.  Section 1119 of the surrogate's court procedure act is amended
 to read as follows:
 § 1119. Notice to consuls
   When the estate is that of [an alien] A NONCITIZEN  it  shall  be  the
 duty  of the public administrator when making application for letters to
 mail a notice to the consular representative of the nation of which  the
 decedent  was  a  citizen  or subject if any there be in the city of New
 York.
   § 78. Section 1120 of the surrogate's court procedure act, subdivision
 1 as amended by chapter 259 of  the  laws  of  1968,  subdivision  3  as
 amended by chapter 355 of the laws of 2000, and subdivision 4 as amended
 by chapter 115 of the laws of 1981, is amended to read as follows:
 § 1120. Appearance by consuls
   1. In any action or proceeding brought by or against a public adminis-
 trator  in  which a non-domiciliary [alien] NONCITIZEN is a necessary or
 proper party the consular representative of the  country  of  which  the
 [alien]  NONCITIZEN  is  a citizen or subject may appear in person or by
 attorney in behalf of the [alien] NONCITIZEN if the latter shall default
 in appearance.
   2. No power of attorney or other specific authority from  the  [alien]
 NONCITIZEN shall be required as a condition to such appearance.
   3.  Service  upon [an alien] A NONCITIZEN pursuant to 307, subdivision
 3, paragraph (e) may be made without prior service of process personally
 or otherwise upon the [alien] NONCITIZEN.
   4. The interests of [alien] NONCITIZEN persons under disability shall,
 however, be represented in all such proceedings by  their  guardians  of
 the property, committee of the property or conservators of the property,
 or by guardians ad litem appointed by the court.
   §  79.  Section 1415 of the surrogate's court procedure act is amended
 to read as follows:
 § 1415. Supplementary letters, executors not named in letters not to act
   If the disability of an infant or [an alien] A NONCITIZEN named as  an
 executor in a will be removed before the administration of the estate is
 completed  he shall be entitled on petition showing the facts to supple-
 mentary letters testamentary to be issued in  the  same  manner  as  the
 original  letters to join in the completion of the administration of the
 estate with the person or persons previously appointed.  A person  named
 S. 9333                            26
 
 in  a  will as executor shall be deemed to be superseded by the issue to
 another person of letters  testamentary  and  shall  have  no  power  or
 authority  as executor until he OR SHE appears and qualifies and letters
 testamentary are issued to him OR HER.
   § 80. Paragraph (a) of subdivision 1 and subdivision 3 of section 2218
 of the surrogate's court procedure act, as amended by chapter 998 of the
 laws of 1968, are amended to read as follows:
   (a)  Where  it  shall  appear  that  [an  alien] A NONCITIZEN legatee,
 distributee or beneficiary is domiciled or resident within a country  to
 which  checks  or  warrants drawn against funds of the United States may
 not be transmitted by reason of any executive order, regulation or simi-
 lar determination of the United States government or any  department  or
 agency  thereof,  the  court  shall direct that the money or property to
 which such [alien] NONCITIZEN would otherwise be entitled shall be  paid
 into  court  for the benefit of said [alien] NONCITIZEN or the person or
 persons who thereafter may appear to be entitled thereto. The  money  or
 property  so  paid  into  court shall be paid out only upon order of the
 surrogate or pursuant to the order or judgment of a court  of  competent
 jurisdiction.
   3.  In  any  such  proceeding  where it is uncertain that [an alien] A
 NONCITIZEN beneficiary or  fiduciary  not  residing  within  the  United
 States,  the  District of Columbia, the Commonwealth of Puerto Rico or a
 territory or possession of the United States would have the  benefit  or
 use  or  control  of the money or property due him the burden of proving
 that the [alien] NONCITIZEN beneficiary will receive the benefit or  use
 or  control of the money or property due him OR HER shall be upon him OR
 HER or the person claiming from, through or under him OR HER.
   § 81. Paragraph (a) of subdivision 3 of  section  117  of  the  social
 services  law, as amended by chapter 214 of the laws of 1998, is amended
 to read as follows:
   (a) Notwithstanding any other provision of law, no  public  assistance
 benefits shall be paid to or for any person who is not a resident of the
 state  as  provided  in  this  article,  except that assistance shall be
 provided to a person who is otherwise eligible during the  first  twelve
 months  in the state at a rate not exceeding the higher of fifty percent
 of the amount otherwise payable or the standard of  need  applicable  to
 the  person  under  the  laws  of  the state, if any, in which he or she
 resided immediately prior to arrival in this state, but under no circum-
 stances may such allowances exceed the amounts  payable  to  a  resident
 under  this chapter; and no assistance shall be provided for any [alien]
 NONCITIZEN during the first twelve months such  person  resides  in  the
 United  States, except as set forth in paragraph (b) of this subdivision
 and except persons domiciled in the state on the effective date of  this
 section,  and  except as otherwise required by federal law. For purposes
 of this section, the standard of payment  applicable  in  another  state
 shall  refer to a schedule of comparative grants to be promulgated bien-
 nially, setting forth the amount of that  state's  maximum  standard  of
 payment  with  respect  to each such program, if any, for each household
 size for any state which  financially  participates  in  or  mandates  a
 program under title IV-A of the federal social security act or a general
 assistance or disability assistance program.
   § 82. Section 122 of the social services law, as added by section 7 of
 part  B  of  chapter  436  of  the laws of 1997, subdivisions 1 and 4 as
 amended by chapter 214 of the laws of 1998, subparagraph  (v)  of  para-
 graph  (a)  of  subdivision  1  as amended by chapter 490 of the laws of
 2019, the opening paragraph of paragraph (c) of subdivision 1 as amended
 S. 9333                            27
 
 by chapter 672 of the laws of 2019, and  subdivision  6  as  amended  by
 chapter 16 of the laws of 2002, is amended to read as follows:
   § 122. [Aliens] NONCITIZENS. 1. Notwithstanding any law to the contra-
 ry,  no  person except a citizen or [an alien] A NONCITIZEN who has been
 duly naturalized as a citizen shall be  eligible  for  additional  state
 payments for aged, blind and disabled persons, family assistance, safety
 net  assistance,  services  funded  under title XX of the federal social
 security  act,  or  medical  assistance,  subject   to   the   following
 exceptions:
   (a)  The following persons shall, if otherwise eligible, receive bene-
 fits under such programs:
   (i) a refugee who entered the United States within the  previous  five
 years  with  respect to benefits under the temporary assistance to needy
 families block grant program and the safety net assistance  program  and
 within the previous seven years with respect to medical assistance;
   (ii)  an  asylee who was granted asylum within the previous five years
 with respect to benefits under the temporary assistance to  needy  fami-
 lies block grant program and the safety net assistance program and with-
 in the previous seven years with respect to medical assistance;
   (iii)  a  person for whom deportation was withheld within the previous
 five years with respect to benefits under the  temporary  assistance  to
 needy families block grant program and the safety net assistance program
 and within the previous seven years with respect to medical assistance;
   (iv)  except  as  otherwise required by federal law, a person lawfully
 admitted for permanent residence who has worked for or can  be  credited
 with  forty qualifying quarters as defined under title II of the federal
 Social Security Act, exclusive of any quarter after the thirty-first day
 of December, nineteen hundred ninety-six in which such  person  or  such
 person's parent or spouse received any federal means tested assistance;
   (v)  any  [alien]  NONCITIZEN lawfully residing in the state who is on
 active duty in the armed forces (other than active duty for training) or
 who (1) has received an honorable  discharge  (and  not  on  account  of
 [alienage] NONCITIZEN STATUS) from the armed forces, or (2) has a quali-
 fying condition, as defined in section three hundred fifty of the execu-
 tive  law,  and  has  received  a  discharge  other  than bad conduct or
 dishonorable (and not on account of [alienage] NONCITIZEN  STATUS)  from
 the  armed  forces,  or  (3) is a discharged LGBT veteran, as defined in
 section three hundred fifty of the executive law,  and  has  received  a
 discharge  other than bad conduct or dishonorable (and not on account of
 [alienage] NONCITIZEN STATUS) from the  armed  forces,  or  the  spouse,
 unremarried  surviving  spouse  or unmarried dependent child of any such
 [alien] NONCITIZEN, if such  [alien]  NONCITIZEN,  spouse  or  dependent
 child  is  a  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;
   (vi)  [an  alien]  A  NONCITIZEN granted status as a Cuban and Haitian
 entrant as defined in section 501(e) of the  federal  Refugee  Education
 Act  of  1980  within  the  previous five years with respect to benefits
 under the temporary assistance to needy families  block  grant  program,
 and  safety  net  assistance  and  within  the previous seven years with
 respect to medical assistance; and
   (vii) [an alien] A NONCITIZEN admitted to  the  United  States  as  an
 Amerasian  immigrant as described in section 402(a)(2)(A) of the federal
 personal responsibility and work opportunity reconciliation act of  1996
 within the previous five years with respect to benefits under the tempo-
 rary  assistance  to  needy families block grant program, and safety net
 S. 9333                            28

 assistance and within the previous seven years with respect  to  medical
 assistance.
   (b)  The  following  persons,  not  described in paragraph (a) of this
 subdivision, shall,  if  otherwise  eligible,  be  eligible  for  family
 assistance, medical assistance, and safety net assistance:
   (i)  [an  alien]  A  NONCITIZEN who is a 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, who entered
 the United States before  the  twenty-second  day  of  August,  nineteen
 hundred  ninety-six  and continuously resided in the United States until
 attaining qualified status; and
   (ii) a qualified alien who entered the United  States  five  years  or
 more  earlier  with  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.
   (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-
 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 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] A NONCITIZEN 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 resid-
 ing in the United States under color of law.
   (d) A person paroled into the United States for a period of less  than
 one  year shall, if otherwise eligible, be eligible to receive any state
 or local non-federal assistance provided under this chapter on the  same
 terms as such programs are available to persons who are qualified aliens
 S. 9333                            29
 
 as  defined  in  section  431 of the federal personal responsibility and
 work opportunity reconciliation act of  1996  (8  U.S.  Code  1641),  as
 amended.
   (e)  Nothing herein shall preclude the receipt by any [alien] NONCITI-
 ZEN of community  based  non-cash  assistance  in  accordance  with  the
 directions  of  the  United  States  attorney  general or the receipt of
 medical assistance  for  care  and  services  (not  including  care  and
 services related to an organ transplant procedure) necessary to treat an
 emergency  medical  condition as that term is defined in section 1903 of
 the federal social security act.
   (f) [An alien] A NONCITIZEN who is not ineligible for federal  supple-
 mental  security  income benefits by reason of [alien] NONCITIZEN status
 shall, if otherwise eligible, be eligible to  receive  additional  state
 payments  for  aged, blind or disabled persons under section two hundred
 nine of this chapter.
   (g) [Aliens] NONCITIZENS receiving supplemental security income  bene-
 fits  or  additional state payments for aged, blind and disabled persons
 under section two hundred nine of this chapter  shall  be  eligible  for
 medical assistance if otherwise eligible.
   (h) Qualified aliens 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 otherwise eligible and  except  as  otherwise
 provided  by  federal  law,  shall  be eligible for services pursuant to
 title XX of the federal social security act.
   2. Any [alien] NONCITIZEN, including [an alien] A  NONCITIZEN  who  is
 not  a 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, is eligible for adult protective services and
 services and assistance relating to child protection to the extent  that
 such person is otherwise eligible pursuant to this chapter and the regu-
 lations of the department.
   3.  Each  social  services district shall report to the department, in
 accordance with regulations of the department, the name and address  and
 other  identifying  information  known to it with respect to any [alien]
 NONCITIZEN known to be unlawfully in the United States.
   4. To the extent permitted by federal law and regulation,  the  income
 and resources of a sponsor of [an alien] A NONCITIZEN, who has signed an
 affidavit  of  support  pursuant  to section 213A of the immigration and
 naturalization act, and the  income  and  resources  of  such  sponsor's
 spouse,  shall  be  deemed  available  to  such  [alien]  NONCITIZEN for
 purposes of determining the eligibility of such [alien]  NONCITIZEN  for
 assistance  funded  under  the temporary for assistance funded under the
 temporary assistance to needy families block grant and  medical  assist-
 ance.
   5. If and to the extent that the family assistance, safety net assist-
 ance,  state  additional  payments  in  the supplemental security income
 program, emergency assistance to  aged,  blind  or  disabled  adults  or
 medical  assistance  is  paid to or on behalf of [an alien] A NONCITIZEN
 for whom an affidavit of support pursuant to section 213A of  the  immi-
 gration  and  naturalization  act  has  been signed, the social services
 district shall request reimbursement by the sponsor  in  the  amount  of
 such  assistance, and, if the sponsor does not within forty-five days of
 such request indicate a willingness to commence  payments,  such  social
 services district may commence an action against the sponsor pursuant to
 the  affidavit.  Remedies  available  to enforce an affidavit of support
 include all of the remedies described in sections 3201, 3202,  3204  and
 S. 9333                            30
 
 3205  of  title  28  of  the United States Code, as well as an order for
 specific performance and payment  of  legal  fees  and  other  costs  of
 collection,  and  include  corresponding  remedies available under state
 law;  provided,  however,  that no action shall be brought more than ten
 years after assistance was last given.
   6. Nothing in this section  shall  be  interpreted  as  affecting  the
 eligibility  for  pre-natal care benefits for persons otherwise eligible
 for such benefits.
   § 83. Section 131-k of the social services law, as amended by  chapter
 77 of the laws of 1977, is amended to read as follows:
   § 131-k. [Illegal aliens] UNDOCUMENTED NONCITIZENS.  [2.] An otherwise
 eligible applicant or recipient who has been determined to be ineligible
 for aid to dependent children, home relief or medical assistance because
 [he  is an alien] SUCH INDIVIDUAL IS A NONCITIZEN unlawfully residing in
 the United States or because [he]  SUCH  INDIVIDUAL  failed  to  furnish
 evidence  that  [he]  SUCH INDIVIDUAL is lawfully residing in the United
 States shall be immediately referred to the  United  States  immigration
 and  naturalization  service, or the nearest consulate of the country of
 the applicant or the recipient for such service  or  consulate  to  take
 appropriate action or furnish assistance.
   §  84.  Paragraph  (g)  of  subdivision 1 of section 158 of the social
 services law, as added by section 44 of part B of  chapter  436  of  the
 laws of 1997, is amended to read as follows:
   (g) is a qualified alien who is ineligible to receive assistance fund-
 ed  under the temporary assistance for needy families block grant solely
 because of section four hundred three of the federal personal  responsi-
 bility  and  work opportunity reconciliation act of 1996 (P.L.  104-193)
 or is [an alien] A NONCITIZEN who is permanently residing under color of
 law but is not a qualified alien.
   § 85. Subparagraph (iv) of paragraph (a) of subdivision 1  of  section
 209  of  the  social  services law, as amended by section 4 of part E of
 chapter 57 of the laws of 2012, is amended to read as follows:
   (iv) is a resident of the state and is either a citizen of the  United
 States  or  is not [an alien] A NONCITIZEN who is or would be ineligible
 for federal supplemental security income benefits solely  by  reason  of
 [alien] NONCITIZEN status.
   §  86.  Paragraph (d) of subdivision 3 of section 369-gg of the social
 services law, as amended by section 2 of part H of  chapter  57  of  the
 laws of 2021, is amended to read as follows:
   (d)  (i)  has  household income at or below two hundred percent of the
 federal poverty line defined and annually revised by the  United  States
 department  of  health  and  human  services for a household of the same
 size; and (ii) has household income that  exceeds  one  hundred  thirty-
 three  percent  of the federal poverty line defined and annually revised
 by the United States department of  health  and  human  services  for  a
 household  of the same size; however, MAGI eligible [aliens] NONCITIZENS
 lawfully present in the United States with household incomes at or below
 one hundred thirty-three percent of the federal poverty  line  shall  be
 eligible  to  receive  coverage for health care services pursuant to the
 provisions of this title if such [alien] NONCITIZEN would be  ineligible
 for  medical assistance under title eleven of this article due to his or
 her immigration status.
   An applicant who fails to make an applicable premium payment, if  any,
 shall  lose  eligibility to receive coverage for health care services in
 accordance with time frames and procedures determined by the commission-
 er.
 S. 9333                            31
 
   § 86-a. Paragraph (d) of subdivision 3 of section 369-gg of the social
 services law, as amended by section 51 of part C of chapter  60  of  the
 laws of 2014, is amended to read as follows:
   (d)  (i)  has  household income at or below two hundred percent of the
 federal poverty line defined and annually revised by the  United  States
 department  of  health  and  human  services for a household of the same
 size; and (ii) has household income that  exceeds  one  hundred  thirty-
 three  percent  of the federal poverty line defined and annually revised
 by the United States department of  health  and  human  services  for  a
 household  of the same size; however, MAGI eligible [aliens] NONCITIZENS
 lawfully present in the United States with household incomes at or below
 one hundred thirty-three percent of the federal poverty  line  shall  be
 eligible  to  receive  coverage for health care services pursuant to the
 provisions of this title if such [alien] NONCITIZEN would be  ineligible
 for  medical assistance under title eleven of this article due to his or
 her immigration status.
   An applicant who fails to make an  applicable  premium  payment  shall
 lose eligibility to receive coverage for health care services in accord-
 ance with time frames and procedures determined by the commissioner.
   §  87. Section 398-e of the social services law, as amended by chapter
 3 of the laws of 2012, is amended to read as follows:
   § 398-e. Eligibility for protective services,  foster  care  services,
 and residential services for victims of domestic violence.  [An alien] A
 NONCITIZEN, including a non-qualified alien, as determined by applicable
 federal  statute and regulation, is eligible for protective services for
 adults and children, foster care services, and residential services  for
 victims  of  domestic  violence,  to the extent such person is otherwise
 eligible pursuant to this chapter and the regulations of the  office  of
 children  and family services and the office of temporary and disability
 assistance.
   § 88. Subsection (g) of section 651 of the tax law, as added by  chap-
 ter 424 of the laws of 1970, is amended to read as follows:
   (g)  Nonresident  [aliens] NONCITIZENS. Notwithstanding the provisions
 of subsection (a) of this section, the due date for  the  filing  of  an
 income  tax return under this article for the taxable year by a nonresi-
 dent [alien] NONCITIZEN individual shall be the date prescribed for  the
 filing of his OR HER federal income tax return for the taxable year.
   §  89. Paragraph 1 of subsection (c) of section 658 of the tax law, as
 amended by section 12 of part Q of chapter 60 of the laws  of  2016,  is
 amended to read as follows:
   (1)  Partnerships.  Every  partnership  having  a  resident partner or
 having any income derived from New York sources, determined  in  accord-
 ance with the applicable rules of section six hundred thirty-one OF THIS
 ARTICLE  as in the case of a nonresident individual, shall make a return
 for the taxable year setting forth all items of income, gain,  loss  and
 deduction  and  such other pertinent information as the commissioner may
 by regulations and instructions prescribe. Such return shall be filed on
 or before the fifteenth day of the fourth month following the  close  of
 each taxable year, for taxable years beginning before January first, two
 thousand  sixteen, and on or before the fifteenth day of the third month
 following the close of each taxable year, for taxable years beginning on
 or after January first, two thousand sixteen, except that the  due  date
 for  the  return  of  a  partnership  consisting entirely of nonresident
 [aliens] NONCITIZENS shall be the date prescribed for the filing of  its
 federal  partnership  return  for the taxable year. For purposes of this
 paragraph, "taxable year" means a year or a  period  which  would  be  a
 S. 9333                            32
 
 taxable  year  of  the  partnership if it were subject to tax under this
 article.
   §  90.  Subsection  (b)  of section 1304-C of the tax law, as added by
 chapter 576 of the laws of 1994, is amended to read as follows:
   (b) Any local law imposing the filing fee authorized by  this  section
 shall provide that every partnership having any income derived from city
 sources,  determined  in accordance with the applicable rules of section
 six hundred thirty-one of this chapter as in the case of a state nonres-
 ident individual (except that in making such  determination  any  refer-
 ences  in  such section to "New York source" or "New York sources" shall
 be read as references to "New York city source" or "New York city sourc-
 es" and any references in such section to "this state"  or  "the  state"
 shall  be read as references to "this city" or "the city"), shall make a
 return for the taxable year setting forth all  items  of  income,  gain,
 loss  and  deduction and such other pertinent information as the commis-
 sioner may by regulations and instructions prescribe. Such return  shall
 be  filed  on  or before the fifteenth day of the fourth month following
 the close of each taxable year except that the due date for  the  return
 of a partnership consisting entirely of nonresident [aliens] NONCITIZENS
 shall  be  the date prescribed for the filing of its federal partnership
 return for the taxable year. For purposes of this  subsection,  "taxable
 year"  means  a  year  or  a period which would be a taxable year of the
 partnership if it were subject to the taxes imposed under the  authority
 of this article.
   §  91.  Paragraph a of subdivision 2 of section 428 of the transporta-
 tion law, as added by chapter 836 of the laws of  1983,  is  amended  to
 read as follows:
   a.   In  the  performance  of  transportation  infrastructure  renewal
 projects, minority and women-owned business enterprises shall  be  given
 the  opportunity for meaningful participation. The governor shall estab-
 lish measures and procedures  to  secure  meaningful  participation  and
 identify  those  contracts  and  items  of  work  for which minority and
 women-owned business enterprises may best bid to actively  and  affirma-
 tively  promote  and  assist  their  participation  in  the department's
 construction and procurement program for  transportation  infrastructure
 renewal  projects,  so  as  to  facilitate  the award of a fair share of
 contracts to such enterprises; provided, however, that nothing  in  this
 article  shall  be  construed  to  limit  the ability of the governor to
 assure that qualified minority and women-owned business enterprises  may
 participate  in  the transportation infrastructure renewal program.  For
 purposes hereof, minority business enterprise shall  mean  any  business
 enterprise  which  is  at least fifty-one per centum owned by, or in the
 case of a publicly owned business, at least fifty-one per centum of  the
 stock  of  which  is  owned  by  citizens or permanent resident [aliens]
 NONCITIZENS who are Black, Hispanic, Asian or American Indian, and  such
 ownership  interest is real, substantial and continuing; and women-owned
 business enterprise shall mean any business enterprise which is at least
 fifty-one per centum owned by, or in the case of a publicly owned  busi-
 ness,  at  least  fifty-one per centum of the stock of which is owned by
 citizens or permanent resident [aliens] NONCITIZENS who are  women,  and
 such ownership interest is real, substantial and continuing.
   The  provisions  of this paragraph shall not be construed to limit the
 ability of any minority business enterprise to bid on any contract.
   § 92. Section 17 of the volunteer ambulance workers' benefit  law,  as
 amended  by  chapter  481  of  the  laws  of 1988, is amended to read as
 follows:
 S. 9333                            33
 
   § 17. [Aliens] NONCITIZENS.   Financial benefits  payable  under  this
 chapter to [aliens] NONCITIZENS not residents or about to become nonres-
 idents  of  the  United  States or Canada shall be in the same amount as
 provided for residents, except that dependents in  any  foreign  country
 shall be limited to surviving spouse and child or children, or, if there
 be  no surviving spouse or child or children, to the surviving father or
 mother whom the volunteer ambulance worker has supported, either  wholly
 or in part, for a period of one year prior to the date of the injury.
   §  93.  Section  17  of  the  volunteer  firefighters' benefit law, as
 amended by chapter 621 of the laws  of  1988,  is  amended  to  read  as
 follows:
   § 17. [Aliens]  NONCITIZENS.    Financial  benefits payable under this
 chapter to [aliens] NONCITIZENS not residents or about to become nonres-
 idents of the United States or Canada shall be in  the  same  amount  as
 provided  for  residents,  except that dependents in any foreign country
 shall be limited to surviving spouse and child or children, or, if there
 be no surviving spouse or child or children, to the surviving father  or
 mother whom the volunteer firefighter has supported, either wholly or in
 part, for a period of one year prior to the date of the injury.
   § 94. Section 17 of the workers' compensation law, as amended by chap-
 ter 538 of the laws of 1985, is amended to read as follows:
   §  17.  [Aliens]  NONCITIZENS.    Compensation  under  this chapter to
 [aliens] NONCITIZENS not residents or about to  become  nonresidents  of
 the United States or Canada, shall be the same in amount as provided for
 residents, except that dependents in any foreign country shall be limit-
 ed to surviving spouse and child or children, or, if there is no surviv-
 ing  spouse or child or children, to surviving father or mother whom the
 employee has supported, either wholly or in part, for the period of  one
 year prior to the date of the accident.
   §  95. Subdivision 1 of section 24-a of the workers' compensation law,
 as amended by section 8 of part D of chapter 55 of the laws of 2015,  is
 amended to read as follows:
   1. No person, firm or corporation, other than an attorney and counsel-
 lor-at-law, shall appear on behalf of any claimant or person entitled to
 the  benefits of this chapter, before the board or any officer, agent or
 employee of the board assigned to conduct any hearing, investigation  or
 inquiry  relative  to  a  claim  for compensation or benefits under this
 chapter, unless he or she shall be a citizen of the United States or [an
 alien] A NONCITIZEN lawfully admitted for  permanent  residence  in  the
 United  States, and shall have obtained from the board a license author-
 izing him or her to appear in matters or proceedings before  the  board.
 Such  license  shall be issued by the board in accordance with the rules
 established by it. Any person, firm or corporation violating the  afore-
 said  provisions  shall  be  guilty  of a misdemeanor. The board, in its
 rules, shall provide for the issuance of licenses to representatives  of
 charitable  and  welfare organizations, and to associations who employ a
 representative to appear for members of such association,  upon  certif-
 ication of the proper officer of such association or organization, which
 licenses shall issue without charge; and may provide for a license with-
 out  fee  in  the case of all other persons, firms or corporations in an
 amount to be fixed by said rules. The board shall  have  such  tests  of
 character  and fitness with respect to applicants for licenses, and such
 rules governing the conduct of those licensed, as aforesaid, as  it  may
 deem necessary.
 S. 9333                            34
 
   §  96.  Subdivisions  1  and 4 of section 25-b of the workers' compen-
 sation law, as added by chapter 492 of the laws of 1941, are amended  to
 read as follows:
   1.  There  is  hereby  created  a fund to be known as the non-resident
 compensation fund. Whenever an award is made to or on behalf of  [alien]
 NONCITIZEN  dependents,  non-residents  of  the United States, Canada or
 Newfoundland, or an award is made  to  a  non-resident  citizen  of  the
 United  States,  which  calls  for  the payment of compensation or death
 benefits, or where there is outstanding an  unpaid  balance  of  compen-
 sation  or  death  benefits  payable  to such non-resident, and it shall
 appear that the person or persons to whom the award has been made or any
 balance of such award is payable, would not have the full benefit or use
 or control of the money payable under such award, or where other special
 circumstances made it desirable that present payment of the award  shall
 be  withheld, the employer, or if insured, his insurance carrier, or any
 special fund liable for such payment, may, by order  of  the  board,  be
 required  to pay to the comptroller of the state of New York all amounts
 then due or thereafter to become due under the terms  of  the  award  to
 such  non-resident.  The  moneys  so  paid in shall be held by the comp-
 troller in the non-residents compensation fund.
   4. If at any time there shall be created by any act of the congress of
 the United States or by any lawful rule or regulation of  the  president
 any agency or fund for the safekeeping or custody of moneys belonging to
 or  payable  to  any non-resident [alien] NONCITIZEN, and if such act or
 rule shall require the payment into such agency or fund  of  any  moneys
 theretofore  paid  into  the  fund for foreign dependents, the board may
 make its findings and issue its order thereon directing the transfer  of
 such moneys by the comptroller to such other agency or fund.
   §  97.  Paragraph (a) of subdivision 3-b of section 50 of the workers'
 compensation law, as amended by chapter 139 of  the  laws  of  2008,  is
 amended to read as follows:
   (a)  Except  as  provided  in  subdivision three-d of this section, no
 person, firm or corporation, other than an attorney  and  counsellor-at-
 law, shall solicit the business of representing, or engage in represent-
 ing  self-insurers  or  group  self-insurers, as defined in subdivisions
 three and three-a of this section, before  the  board  or  any  officer,
 agent or employee of the board assigned to conduct any hearing, investi-
 gation or inquiry relative to a claim for compensation or benefits under
 this  chapter,  unless he OR SHE shall be a citizen of the United States
 or [an alien] A NONCITIZEN lawfully admitted for permanent residence  in
 the  United  States,  or  a  corporation organized under the laws of the
 state of New York, and shall have obtained  from  the  board  a  license
 authorizing  him  OR  HER to appear in matters or proceedings before the
 board. Such license shall be issued by the board in accordance with  the
 rules  established  by it. Any person, firm or corporation violating the
 aforesaid provisions shall be guilty of a  misdemeanor.  The  chair  may
 impose  a civil penalty of up to one thousand dollars for each violation
 against any representative licensed in accordance with this section that
 violates any provision of this  section  or  of  any  regulation  issued
 pursuant  thereto, in addition to any other sanctions provided for under
 this chapter.
   § 98. Section 121-a of the workers' compensation law,  as  amended  by
 chapter 492 of the laws of 1941, is amended to read as follows:
   §  121-a. Proof of dependency in foreign countries. In cases involving
 the dependency of [aliens] NONCITIZENS residing  in  foreign  countries,
 transcripts  of birth or marriage certificates, also documents and affi-
 S. 9333                            35
 
 davits, certified by a local official or local magistrate and  authenti-
 cated  as  to  such  official or magistrate by the secretary of state or
 other official having charge of foreign  affairs,  or  a  United  States
 consul, in said foreign country, may be received in evidence, but in all
 such  cases  proof of present existence and of dependency may be made by
 the personal appearance of each and all persons claiming relationship to
 or dependence upon a deceased worker under the  provisions  of  sections
 sixteen  and  seventeen of this chapter, before a diplomatic or consular
 officer of the  United  States,  and  statements  made  to  or  evidence
 presented  before  such diplomatic or consular officer under oath may be
 received in evidence in whole or in part by  the  board  upon  any  such
 claim.  Questions regarding admissibility and adequacy of evidence aris-
 ing in connection with proceedings before the consul shall be determined
 by the board. The board may by rule prescribe the conditions under which
 proofs other than personal appearance before a  diplomatic  or  consular
 officer  of  the  United States may be accepted as proof of the facts of
 existence, relationship and dependency.
   § 99. Paragraph (a) of subdivision 1 of section 9-b of  section  1  of
 chapter  359 of the laws of 1968 constituting the facilities development
 corporation act, as added by chapter 58 of the laws of 1987, is  amended
 to read as follows:
   (a)  Minority  and women-owned business enterprises shall be given the
 opportunity for meaningful participation in all  contracts  executed  by
 the  corporation  pursuant  to  the  provisions  of  this act other than
 contracts the cost of which is borne solely by a municipality or munici-
 palities. The corporation shall establish  measures  and  procedures  to
 secure  meaningful  participation and identify those contracts and items
 of work for which minority and women-owned business enterprises may best
 bid to actively and affirmatively promote and assist their participation
 in the projects, so as to facilitate  the  award  of  a  fair  share  of
 contracts  to  such enterprises; provided, however, that nothing in this
 act shall be construed to limit the ability of the corporation to assure
 that qualified minority and women-owned business enterprises may partic-
 ipate in the program. For purposes hereof, minority business  enterprise
 shall  mean  any  business  enterprise  which  is at least fifty-one per
 centum owned by, or in the case of a publicly owned business,  at  least
 fifty-one  per  centum  of  the  stock  of which is owned by citizens or
 permanent resident [aliens] NONCITIZENS who are Black,  Hispanic,  Asian
 or  American Indian, Pacific Islander or Alaskan natives and such owner-
 ship interest is real, substantial and continuing and have the authority
 to independently control the day to day business decisions of the entity
 for at least one year; and women-owned business  enterprise  shall  mean
 any business enterprise which is at least fifty-one per centum owned by,
 or  in  the  case  of  a publicly owned business, at least fifty-one per
 centum of the stock of which is owned by citizens or permanent  resident
 [aliens] NONCITIZENS who are women, and such ownership interest is real,
 substantial  and  continuing  and  have  the  authority to independently
 control the day to day business decisions of the entity for at least one
 year.
   The provisions of this paragraph shall not be construed to  limit  the
 ability of any minority or women-owned business enterprise to bid on any
 contract.
   §  100.  Paragraph  a of subdivision 1 of section 16-b of section 1 of
 chapter 392 of the laws of 1973 constituting the medical care facilities
 finance agency act, as added by chapter 58  of  the  laws  of  1987,  is
 amended to read as follows:
 S. 9333                            36
 
   a.  In  the  performance of projects pursuant to this act minority and
 women-owned business enterprises shall  be  given  the  opportunity  for
 meaningful participation. The agency shall establish measures and proce-
 dures  to  secure  meaningful participation and identify those contracts
 and  items  of  work  for which minority and women-owned business enter-
 prises may best bid to actively and  affirmatively  promote  and  assist
 their  participation in the projects, so as to facilitate the award of a
 fair share of contracts to such  enterprises;  provided,  however,  that
 nothing in this act shall be construed to limit the ability of the agen-
 cy  to  assure  that  qualified minority and women-owned business enter-
 prises may participate in the program.  For  purposes  hereof,  minority
 business enterprise shall mean any business enterprise which is at least
 fifty-one  per centum owned by, or in the case of a publicly owned busi-
 ness, at least fifty-one per centum of the stock of which  is  owned  by
 citizens  or  permanent  resident  [aliens]  NONCITIZENS  who are Black,
 Hispanic, Asian or American Indian, Pacific Islander or Alaskan  natives
 and such ownership interest is real, substantial and continuing and have
 the authority to independently control the day to day business decisions
 of the entity for at least one year; and women-owned business enterprise
 shall  mean  any  business  enterprise  which  is at least fifty-one per
 centum owned by, or in the case of a publicly owned business,  at  least
 fifty-one  per  centum  of  the  stock  of which is owned by citizens or
 permanent resident [aliens] NONCITIZENS who are women, and  such  owner-
 ship interest is real, substantial and continuing and have the authority
 to independently control the day to day business decisions of the entity
 for at least one year.
   The  provisions  of this paragraph shall not be construed to limit the
 ability of any minority or women-owned business enterprise to bid on any
 contract.
   § 101. Subdivision 20 of section 3 of section 1 of chapter 174 of  the
 laws  of  1968  constituting the New York state urban development corpo-
 ration act, as added by chapter 839 of the laws of 1987, is  amended  to
 read as follows:
   (20)  "Women  business  enterprise". A business enterprise which is at
 least fifty-one percent owned, or in the case of a publicly-owned  busi-
 ness  at  least  fifty-one  percent  of the common stock or other voting
 interests of which is owned, by  United  States  citizens  or  permanent
 resident  [aliens]  NONCITIZENS  who  are  women,  regardless of race or
 ethnicity, and such ownership interest is real, substantial and continu-
 ing and such women have and  exercise  the  authority  to  independently
 control the day to day business decisions of the enterprises.
   § 102. This act shall take place immediately; provided, however, that:
   (a)   the amendments to subdivision 8 and paragraph (a) of subdivision
 15 of section 310 of  the executive law made by section  three  of  this
 act  shall  not affect the repeal of such section and shall be deemed to
 repeal therewith;
   (b) the amendments to clause (i) of paragraph (a) of  subdivision  2-a
 of  section  314 of   the executive law made by section four of this act
 shall not affect the repeal of such  section  and  shall  be  deemed  to
 repeal therewith;
   (c)  the  amendments to subdivision 6 of section 821 of  the executive
 law made by section five of this act shall not affect the repeal of such
 section and shall be deemed to repeal therewith;
   (d) the amendments to paragraphs (a) and (a-1)  of  subdivision  7  of
 section  6206 of   the education law made by section twenty-five of this
 S. 9333                            37

 act shall not affect the repeal of such paragraphs and shall  be  deemed
 to repeal therewith; and
   (e) the amendments to paragraph (d) of subdivision 3 of section 369-gg
 of  the  social  services  law  made by section eighty-six of this   act
 shall  be subject  to the expiration and reversion of  such  subdivision
 pursuant  to  section  2 of part H of chapter 57 of the laws of 2021, as
 amended, when upon such  date  the  provisions  of section  eighty-six-a
 of this act shall take effect.