S T A T E O F N E W Y O R K
________________________________________________________________________
8411
2025-2026 Regular Sessions
I N S E N A T E
June 9, 2025
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public officers law, in relation to the denial of
access to public records that relate to civil investigations; to amend
the executive law, in relation to requiring the superintendent of
state police to provide the department of law with direct, real-time
access to the criminal gun clearinghouse; to amend the executive law
and the civil rights law, relating to the enforcement powers of the
attorney general; to amend the education law, in relation to authoriz-
ing the attorney general to enforce the provisions of the education
law against covered entities who engage in discrimination and the
powers and duties of state university trustees; and to amend the
public health law, in relation to the compromise of certain claims the
state may have
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs iii and iv of paragraph (e) of subdivision 2
of section 87 of the public officers law, as amended by chapter 155 of
the laws of 2022, are amended to read as follows:
iii. identify a confidential source or disclose confidential informa-
tion relating to a CIVIL OR criminal investigation; or
iv. reveal CIVIL OR criminal investigative techniques or procedures,
except routine techniques and procedures;
§ 2. Subdivision 4 of section 230 of the executive law, as amended by
chapter 207 of the laws of 2022, is amended to read as follows:
4. The superintendent [of the division of state police] shall estab-
lish and maintain within the division a criminal gun clearinghouse as a
central repository of information regarding all guns seized, forfeited,
found or otherwise coming into the possession of any state or local law
enforcement agency which are believed to have been used in the commis-
sion of a crime. The superintendent [of the division of state police]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02621-09-5
S. 8411 2
shall adopt and promulgate regulations prescribing reporting procedures
for such state or local law enforcement agencies, including the form for
reporting such information. In addition to any other information which
the superintendent [of the division of state police] may require, the
form shall require: (a) the serial number or other identifying informa-
tion on the gun, if available; and (b) a brief description of the
circumstances under which the gun came into the possession of the law
enforcement agency, including the crime which was or may have been
committed with the gun. Whenever a state or local law enforcement agency
seizes or recovers a gun that was unlawfully possessed, recovered from a
crime scene, or is reasonably believed to have been used in or associ-
ated with the commission of a crime or is otherwise recovered as an
abandoned or discarded gun, the agency shall report such seized or
recovered gun to the criminal gun clearinghouse as soon as practicable,
but in no case more than twenty-four hours after the agency has taken
possession of such gun. Every report made to the criminal gun clearing-
house will result in the prompt submission of a request to the national
tracing center of the bureau of alcohol, tobacco, firearms and
explosives to trace the movement of the subject gun and such federal
agency will be requested to provide the results of such a trace to the
superintendent [of the division of state police] and to the law enforce-
ment agency that submitted the clearinghouse report. THE SUPERINTENDENT
SHALL PROVIDE THE DEPARTMENT OF LAW WITH DIRECT, REAL-TIME ACCESS TO THE
CRIMINAL GUN CLEARINGHOUSE.
§ 3. Section 297 of the executive law is amended by adding a new
subdivision 11 to read as follows:
11. WHERE THE ATTORNEY GENERAL DETERMINES THAT AN UNLAWFUL DISCRIMINA-
TORY PRACTICE IS REPEATED OR OTHERWISE PERSISTENT, THE ATTORNEY GENERAL
SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF APPROPRIATE JURISDICTION
FOR DAMAGES, INJUNCTIVE RELIEF, AND SUCH OTHER REMEDIES AS MAY BE APPRO-
PRIATE. THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF, ISSUE SUBPOE-
NAS, AND ADMINISTER OATHS WHEN INVESTIGATING WHETHER AN ACTION SHOULD BE
FILED. THE TERM "REPEATED" AS USED IN THIS SUBDIVISION SHALL INCLUDE
REPETITION OF ANY SEPARATE AND DISTINCT UNLAWFUL DISCRIMINATORY PRAC-
TICE, OR CONDUCT THAT AFFECTS MORE THAN ONE PERSON. THE TERM "PERSIST-
ENT" AS USED IN THIS SUBDIVISION SHALL INCLUDE CONTINUANCE OR CARRYING
ON OF ANY UNLAWFUL DISCRIMINATORY PRACTICE. NOTHING IN THIS SECTION
SHALL IN ANY WAY LIMIT RIGHTS OR REMEDIES WHICH ARE OTHERWISE AVAILABLE
UNDER LAW TO THE ATTORNEY GENERAL OR ANY OTHER PERSON AUTHORIZED TO
BRING AN ACTION UNDER THIS SECTION.
§ 4. Section 40-c of the civil rights law is amended by adding a new
subdivision 3 to read as follows:
3. WHERE THE ATTORNEY GENERAL DETERMINES THAT A POLITICAL SUBDIVISION
OF THE STATE OR ANY PRIVATE ACTOR HAS VIOLATED THIS SECTION IN A MANNER
THAT IS REPEATED OR OTHERWISE PERSISTENT, THE ATTORNEY GENERAL SHALL
HAVE A CAUSE OF ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR
DAMAGES, INJUNCTIVE RELIEF, AND SUCH OTHER REMEDIES AS MAY BE APPROPRI-
ATE. THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF, ISSUE SUBPOENAS,
AND ADMINISTER OATHS WHEN INVESTIGATING WHETHER AN ACTION SHOULD BE
FILED. THE TERM "REPEATED" AS USED IN THIS SUBDIVISION SHALL INCLUDE
REPETITION OF ANY SEPARATE AND DISTINCT VIOLATION, OR CONDUCT THAT
AFFECTS MORE THAN ONE PERSON. THE TERM "PERSISTENT" AS USED IN THIS
SUBDIVISION SHALL INCLUDE CONTINUANCE OR CARRYING ON OF ANY VIOLATION.
NOTHING IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS OR REMEDIES WHICH
ARE OTHERWISE AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL OR ANY OTHER
PERSON AUTHORIZED TO BRING AN ACTION UNDER THIS SECTION.
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§ 5. Section 75 of the executive law is amended by adding a new subdi-
vision 6 to read as follows:
6. IT IS UNLAWFUL FOR ANY COVERED AGENCY, OR ANY AGENT THEREOF, OR ANY
PERSON ACTING ON BEHALF OF A COVERED AGENCY, TO ENGAGE IN A PATTERN OR
PRACTICE OF CONDUCT THAT DEPRIVES PERSONS OF RIGHTS, PRIVILEGES, OR
IMMUNITIES SECURED OR PROTECTED BY THE CONSTITUTION OR LAWS OF THE
UNITED STATES OR THE STATE OF NEW YORK. WHENEVER THE ATTORNEY GENERAL
HAS REASONABLE CAUSE TO BELIEVE THAT A VIOLATION OF THIS SECTION HAS
OCCURRED, THE ATTORNEY GENERAL, FOR OR IN THE NAME OF THE STATE OF NEW
YORK, MAY IN A CIVIL ACTION OBTAIN ANY AND ALL APPROPRIATE RELIEF TO
ELIMINATE THE PATTERN OR PRACTICE. VENUE FOR A CIVIL ACTION BROUGHT
UNDER THIS SECTION SHALL BE IN NEW YORK COUNTY OR ALBANY COUNTY. NOTH-
ING IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS OR REMEDIES WHICH ARE
OTHERWISE AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL OR ANY OTHER
PERSON.
§ 6. The education law is amended by adding a new section 2-e to read
as follows:
§ 2-E. ADDRESSING REPEATED OR PERSISTENT DISCRIMINATION. 1. THE ATTOR-
NEY GENERAL SHALL HAVE JURISDICTION TO INVESTIGATE AND BRING ANY CIVIL
ACTION OR PROCEEDING IN A MANNER CONSISTENT WITH THE AUTHORITY GRANTED
BY SUBDIVISION TWELVE OF SECTION SIXTY-THREE OF THE EXECUTIVE LAW,
INCLUDING TO TAKE PROOF, MAKE DETERMINATIONS, AND ISSUE SUBPOENAS,
WHICH, IN THE ATTORNEY GENERAL'S JUDGMENT, IS NECESSARY FOR THE EFFEC-
TIVE ENFORCEMENT OF ANY PROVISION OF THIS CHAPTER, THE VIOLATION OF
WHICH RESULTED OR FORESEEABLY WILL RESULT IN REPEATED OR PERSISTENT
DISCRIMINATION BASED ON A PERSON'S ACTUAL OR PERCEIVED RACE, COLOR,
WEIGHT, NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, ETHNIC
GROUP, RELIGION OR CREED, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIEN-
TATION, GENDER EXPRESSION OR GENDER IDENTITY, SEX, MARITAL STATUS, FAMI-
LIAL STATUS, PREGNANCY, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, SEX
OFFENSES, OR STALKING, BY ANY COVERED ENTITY. FOR THE PURPOSES OF THIS
SECTION, "COVERED ENTITY" SHALL INCLUDE ALL PUBLIC ELEMENTARY OR SECOND-
ARY SCHOOLS, SCHOOL DISTRICTS, AND CHARTER SCHOOLS; PROVIDED, HOWEVER,
NOTHING IN THIS SECTION SHALL APPLY TO COLLEGES, UNIVERSITIES, OR
PRIVATE, RELIGIOUS, OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS. TESTI-
MONIAL EVIDENCE GIVEN BY SCHOOL EMPLOYEES IN SUCH ENFORCEMENT MATTER
SHALL NOT BE ADMISSIBLE AGAINST SUCH EMPLOYEE IN A DISCIPLINARY PROCEED-
ING BROUGHT AGAINST SUCH EMPLOYEE BY THE EMPLOYING SCHOOL DISTRICT OR
OTHER ENTITY.
2. WHERE THE ATTORNEY GENERAL HAS THE AUTHORITY TO BRING A CIVIL
ACTION OR PROCEEDING IN CONNECTION WITH THE ENFORCEMENT OF THIS CHAPTER,
IN LIEU THEREOF, THE ATTORNEY GENERAL MAY ACCEPT AN ASSURANCE THAT SUCH
ACT OR PRACTICE IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION FROM ANY
PERSON OR COVERED ENTITY HAS CEASED. EVIDENCE OF A VIOLATION OF SUCH
ASSURANCE SHALL CONSTITUTE A PRIMA FACIE PROOF OF VIOLATION OF THE
APPLICABLE LAW IN ANY CIVIL ACTION OR PROCEEDING THEREAFTER COMMENCED BY
THE ATTORNEY GENERAL. ANY CIVIL ACTION OR PROCEEDING BROUGHT IN
CONNECTION WITH THE ENFORCEMENT OF THIS SECTION SHALL BE COMMENCED WITH-
IN SIX YEARS.
3. NOTHING IN THIS SECTION SHALL PRECLUDE OR LIMIT THE RIGHTS, REME-
DIES OR CAUSES OF ACTION PROVIDED UNDER ANY LAW TO THE ATTORNEY GENERAL,
ANY PERSON, AGENCY AUTHORIZED TO ENFORCE OR BRING AN ACTION UNDER THIS
CHAPTER, OR UNDER ANY LOCAL, STATE, OR FEDERAL ORDINANCE, LAW, OR REGU-
LATION INCLUDING BUT NOT LIMITED TO, ANY REMEDIES OR RIGHTS AVAILABLE
UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT, TITLES VI AND VII
OF THE CIVIL RIGHTS ACT OF 1964, TITLE IX OF THE EDUCATION AMENDMENTS OF
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1972, SECTION 504 OF THE REHABILITATION ACT OF 1973, OR THE AMERICANS
WITH DISABILITIES ACT OF 1990.
§ 7. Subdivision 10 of section 355 of the education law, as amended by
chapter 552 of the laws of 1985, is amended to read as follows:
10. The state university trustees may authorize the chief administra-
tive officer of each medical center of the state university operating
in-patient or out-patient hospital facilities or clinic facilities to
compromise any claim which the state may have for care, maintenance or
treatment received or furnished to patients in such facilities, in prop-
er cases, where substantial justice will best be served thereby. Any
such compromise shall be [subject to the prior written approval of the
attorney general] IN ACCORDANCE WITH PARAMETERS ESTABLISHED BY THE
OFFICE OF THE ATTORNEY GENERAL.
§ 8. Subdivision 3 of section 2602 of the public health law, as added
by chapter 425 of the laws of 1967, is amended to read as follows:
3. The commissioner may in [his] THE COMMISSIONER'S discretion, in
proper cases, where substantial justice will best be served thereby,
waive such bills or compromise any portion of such bills for the mainte-
nance, care and treatment received or furnished to patients in the
hospital. Such waiver or compromise shall be made only upon prior
approval of the comptroller [and the attorney general] when [they deem]
THE COMPTROLLER DEEMS it to be for the best interest of the state.
§ 9. Subdivision 3 of section 406 of the public health law, as added
by chapter 211 of the laws of 1972, is amended to read as follows:
3. The commissioner may in [his] THE COMMISSIONER'S discretion, in
proper cases, where substantial justice will best be served thereby,
waive bills for the maintenance, care and treatment received or
furnished to patients in any of the hospitals or institutions of the
department or compromise any portion of such bills. Such waiver or
compromise shall be made only upon prior approval of the comptroller
[and the attorney general] when [they deem] THE COMPTROLLER DEEMS it to
be for the best interest of the state.
§ 10. Severability. If any provision of this act, or any application
of any provision of this act, is held to be invalid, that shall not
affect the validity or effectiveness of any other provision of this act,
any other application of any provision of this act, or any other
provision of any law or code amended by this act.
§ 11. This act shall take effect immediately.
