S T A T E O F N E W Y O R K
________________________________________________________________________
3697
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
___________
Introduced by M. of A. CORWIN, STEC, MONTESANO, GRAF, BARCLAY, CROUCH,
HAWLEY -- Multi-Sponsored by -- M. of A. BORELLI, DUPREY, FINCH,
GIGLIO, GOODELL, MAGEE, McDONOUGH, TENNEY, WALTER -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to regulation of firearms and
possession of large capacity ammunition feeding devices; to amend the
tax law, in relation to grants for school resource officers; to amend
the education law and the social services law, in relation to the
practice of school psychology; to amend the mental hygiene law, the
executive law and the penal law, in relation to licenses to carry,
possess, repair and dispose of firearms and reports of substantial
risk or threat of harm by mental health professionals; to repeal
certain provisions of the penal law relating to firearms; and to
repeal section 2509 of the surrogate's court procedure act relating to
a firearms inventory
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 22 of section 265.00 of the penal law, as
2 amended by chapter 1 of the laws of 2013, is amended to read as follows:
3 22. "Assault weapon" means
4 [(a) a semiautomatic rifle that has an ability to accept a detachable
5 magazine and has at least one of the following characteristics:
6 (i) a folding or telescoping stock;
7 (ii) a pistol grip that protrudes conspicuously beneath the action of
8 the weapon;
9 (iii) a thumbhole stock;
10 (iv) a second handgrip or a protruding grip that can be held by the
11 non-trigger hand;
12 (v) a bayonet mount;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04616-01-5
A. 3697 2
1 (vi) a flash suppressor, muzzle break, muzzle compensator, or threaded
2 barrel designed to accommodate a flash suppressor, muzzle break, or
3 muzzle compensator;
4 (vii) a grenade launcher; or
5 (b) a semiautomatic shotgun that has at least one of the following
6 characteristics:
7 (i) a folding or telescoping stock;
8 (ii) a thumbhole stock;
9 (iii) a second handgrip or a protruding grip that can be held by the
10 non-trigger hand;
11 (iv) a fixed magazine capacity in excess of seven rounds;
12 (v) an ability to accept a detachable magazine; or
13 (c) a semiautomatic pistol that has an ability to accept a detachable
14 magazine and has at least one of the following characteristics:
15 (i) a folding or telescoping stock;
16 (ii) a thumbhole stock;
17 (iii) a second handgrip or a protruding grip that can be held by the
18 non-trigger hand;
19 (iv) capacity to accept an ammunition magazine that attaches to the
20 pistol outside of the pistol grip;
21 (v) a threaded barrel capable of accepting a barrel extender, flash
22 suppressor, forward handgrip, or silencer;
23 (vi) a shroud that is attached to, or partially or completely encir-
24 cles, the barrel and that permits the shooter to hold the firearm with
25 the non-trigger hand without being burned;
26 (vii) a manufactured weight of fifty ounces or more when the pistol is
27 unloaded; or
28 (viii) a semiautomatic version of an automatic rifle, shotgun or
29 firearm;
30 (d) a revolving cylinder shotgun;
31 (e) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
32 pistol or weapon defined in subparagraph (v) of paragraph (e) of subdi-
33 vision twenty-two of section 265.00 of this chapter as added by chapter
34 one hundred eighty-nine of the laws of two thousand and otherwise
35 lawfully possessed pursuant to such chapter of the laws of two thousand
36 prior to September fourteenth, nineteen hundred ninety-four;
37 (f) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
38 pistol or weapon defined in paragraph (a), (b) or (c) of this subdivi-
39 sion, possessed prior to the date of enactment of the chapter of the
40 laws of two thousand thirteen which added this paragraph;
41 (g) provided, however, that such term does not include:
42 (i) any rifle, shotgun or pistol that (A) is manually operated by
43 bolt, pump, lever or slide action; (B) has been rendered permanently
44 inoperable; or (C) is an antique firearm as defined in 18 U.S.C.
45 921(a)(16);
46 (ii) a semiautomatic rifle that cannot accept a detachable magazine
47 that holds more than five rounds of ammunition;
48 (iii) a semiautomatic shotgun that cannot hold more than five rounds
49 of ammunition in a fixed or detachable magazine; or
50 (iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
51 specified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured
52 on October first, nineteen hundred ninety-three. The mere fact that a
53 weapon is not listed in Appendix A shall not be construed to mean that
54 such weapon is an assault weapon;
A. 3697 3
1 (v) any weapon validly registered pursuant to subdivision sixteen-a of
2 section 400.00 of this chapter. Such weapons shall be subject to the
3 provisions of paragraph (h) of this subdivision;
4 (vi) any firearm, rifle, or shotgun that was manufactured at least
5 fifty years prior to the current date, but not including replicas there-
6 of that is validly registered pursuant to subdivision sixteen-a of
7 section 400.00 of this chapter;
8 (h) Any weapon defined in paragraph (e) or (f) of this subdivision and
9 any large capacity ammunition feeding device that was legally possessed
10 by an individual prior to the enactment of the chapter of the laws of
11 two thousand thirteen which added this paragraph, may only be sold to,
12 exchanged with or disposed of to a purchaser authorized to possess such
13 weapons or to an individual or entity outside of the state provided that
14 any such transfer to an individual or entity outside of the state must
15 be reported to the entity wherein the weapon is registered within seven-
16 ty-two hours of such transfer. An individual who transfers any such
17 weapon or large capacity ammunition device to an individual inside New
18 York state or without complying with the provisions of this paragraph
19 shall be guilty of a class A misdemeanor unless such large capacity
20 ammunition feeding device, the possession of which is made illegal by
21 the chapter of the laws of two thousand thirteen which added this para-
22 graph, is transferred within one year of the effective date of the chap-
23 ter of the laws of two thousand thirteen which added this paragraph.]
24 (A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
25 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
26 (I) A FOLDING OR TELESCOPING STOCK;
27 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
28 THE WEAPON;
29 (III) A BAYONET MOUNT;
30 (IV) A FLASH SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A
31 FLASH SUPPRESSOR;
32 (V) A GRENADE LAUNCHER; OR
33 (B) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST TWO OF THE FOLLOWING
34 CHARACTERISTICS:
35 (I) A FOLDING OR TELESCOPING STOCK;
36 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
37 THE WEAPON;
38 (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
39 (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
40 (C) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
41 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
42 (I) AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE
43 PISTOL GRIP;
44 (II) A THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
45 SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
46 (III) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
47 CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
48 THE NONTRIGGER HAND WITHOUT BEING BURNED;
49 (IV) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
50 UNLOADED;
51 (V) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
52 OR
53 (D) ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH
54 WEAPONS, OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
55 AS:
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1 (I) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
2 MODELS);
3 (II) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
4 (III) BERETTA AR70 (SC-70);
5 (IV) COLT AR-15;
6 (V) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
7 (VI) SWD M-10, M-11, M-11/9, AND M-12;
8 (VII) STEYR AUG;
9 (VIII) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
10 (IX) REVOLVING CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR TO) THE STREET
11 SWEEPER AND STRIKER 12;
12 (E) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
13 (I) ANY RIFLE, SHOTGUN OR PISTOL THAT (A) IS MANUALLY OPERATED BY
14 BOLT, PUMP, LEVER OR SLIDE ACTION; (B) HAS BEEN RENDERED PERMANENTLY
15 INOPERABLE; OR (C) IS AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921 (A)
16 (16);
17 (II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
18 THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
19 (III) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
20 OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
21 (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE THEREOF,
22 SPECIFIED IN APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
23 MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE
24 FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
25 MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
26 (V) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
27 PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH (D) OF THIS SUBDIVI-
28 SION LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED
29 NINETY-FOUR.
30 S 2. Subdivision 23 of section 265.00 of the penal law, as amended by
31 chapter 1 of the laws of 2013, is amended to read as follows:
32 23. "Large capacity ammunition feeding device" means a magazine, belt,
33 drum, feed strip, or similar device, MANUFACTURED AFTER SEPTEMBER THIR-
34 TEENTH, NINETEEN HUNDRED NINETY-FOUR, that [(a)] has a capacity of, or
35 that can be readily restored or converted to accept, more than ten
36 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
37 tion, or (c) is obtained after the effective date of the chapter of the
38 laws of two thousand thirteen which amended this subdivision and has a
39 capacity of, or that can be readily restored or converted to accept,
40 more than seven rounds of ammunition]; provided, however, that such term
41 does not include an attached tubular device designed to accept, and
42 capable of operating only with, .22 caliber rimfire ammunition [or a
43 feeding device that is a curio or relic. A feeding device that is a
44 curio or relic is defined as a device that (i) was manufactured at least
45 fifty years prior to the current date, (ii) is only capable of being
46 used exclusively in a firearm, rifle, or shotgun that was manufactured
47 at least fifty years prior to the current date, but not including repli-
48 cas thereof, (iii) is possessed by an individual who is not prohibited
49 by state or federal law from possessing a firearm and (iv) is registered
50 with the division of state police pursuant to subdivision sixteen-a of
51 section 400.00 of this chapter, except such feeding devices transferred
52 into the state may be registered at any time, provided they are regis-
53 tered within thirty days of their transfer into the state. Notwithstand-
54 ing paragraph (h) of subdivision twenty-two of this section, such feed-
55 ing devices may be transferred provided that such transfer shall be
A. 3697 5
1 subject to the provisions of section 400.03 of this chapter including
2 the check required to be conducted pursuant to such section].
3 S 3. Sections 265.01-b, 265.36, 265.37, 400.02 and 400.03 of the penal
4 law are REPEALED.
5 S 4. Subdivision 8 of section 265.02 of the penal law, as amended by
6 chapter 1 of the laws of 2013, is amended to read as follows:
7 (8) Such person possesses a large capacity ammunition feeding device[.
8 For purposes of this subdivision, a large capacity ammunition feeding
9 device shall not include an ammunition feeding device lawfully possessed
10 by such person before the effective date of the chapter of the laws of
11 two thousand thirteen which amended this subdivision, that has a capaci-
12 ty of, or that can be readily restored or converted to accept more than
13 seven but less than eleven rounds of ammunition, or that was manufac-
14 tured before September thirteenth, nineteen hundred ninety-four, that
15 has a capacity of, or that can be readily restored or converted to
16 accept, more than ten rounds of ammunition]; or
17 S 5. Subdivision 6 of section 186-f of the tax law is amended by
18 adding a new paragraph (h) to read as follows:
19 (H) UP TO THE SUM OF THIRTY MILLION DOLLARS ANNUALLY MAY BE USED FOR
20 THE PROVISION OF GRANTS OR REIMBURSEMENTS TO SCHOOL DISTRICTS DESIGNATED
21 AS HIGH NEED AND AVERAGE NEED FOR THE COSTS RELATED TO THE HIRING OF
22 SCHOOL RESOURCE OFFICERS, TO BE DISTRIBUTED PURSUANT TO STANDARDS AND
23 GUIDELINES ISSUED BY THE STATE. FOR THE PURPOSES OF THIS SUBDIVISION,
24 HIGH NEED AND AVERAGE NEED SCHOOL DISTRICTS ARE THOSE DISTRICTS DESIG-
25 NATED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF
26 SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW.
27 S 6. Section 2509 of the surrogate's court procedure act is REPEALED.
28 S 7. The education law is amended by adding a new article 166-A to
29 read as follows:
30 ARTICLE 166-A
31 SCHOOL PSYCHOLOGY
32 SECTION 8720. INTRODUCTION.
33 8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
34 PSYCHOLOGIST".
35 8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
36 8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
37 8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
38 8725. LIMITED PERMITS.
39 8726. EXEMPTIONS.
40 8727. SPECIAL PROVISIONS.
41 S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
42 TICE OF SCHOOL PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED SCHOOL
43 PSYCHOLOGIST". THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
44 ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
45 S 8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
46 PSYCHOLOGIST". ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE
47 SHALL PRACTICE SCHOOL PSYCHOLOGY OR USE THE TITLE "LICENSED SCHOOL
48 PSYCHOLOGIST".
49 S 8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE PRACTICE
50 OF SCHOOL PSYCHOLOGY IS:
51 1. THE ASSESSMENT, INCLUDING PSYCHO-EDUCATIONAL, DEVELOPMENTAL AND
52 VOCATIONAL ASSESSMENT, EVALUATION AND INTERPRETATION OF INTELLIGENCE,
53 COGNITIVE PROCESSES, APTITUDES, INTERESTS, ACADEMIC ACHIEVEMENT,
54 ADJUSTMENT, PERSONALITY FACTORS AND MOTIVATIONS, OR ANY OTHER ATTRI-
55 BUTES, IN INDIVIDUALS OR GROUPS, THAT RELATE TO LEARNING, EDUCATION OR
56 ADJUSTMENT NEEDS;
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1 2. THE DEVELOPMENT AND IMPLEMENTATION OF EDUCATIONALLY-RELATED
2 PSYCHOTHERAPEUTIC AND BEHAVIORAL APPROACHES TO INCREASE SCHOOL ADJUST-
3 MENT AND ACADEMIC SUCCESS, COUNSELING AND INTERPRETIVE SERVICES TO
4 REDUCE EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO, VERBAL
5 INTERACTION, INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND VOCA-
6 TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
7 3. CONSULTATION WITH REPRESENTATIVES OF SCHOOLS, AGENCIES AND ORGAN-
8 IZATIONS, FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL, DEVEL-
9 OPMENTAL AND VOCATIONAL ASSISTANCE OR DIRECT EDUCATIONAL SERVICES,
10 RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO THOSE PROBLEMS; AND
11 4. THE DEVELOPMENT OF PROGRAMMING, INCLUDING DESIGNING, IMPLEMENTING
12 OR EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING ENVIRON-
13 MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
14 UALS, FAMILIES OR GROUPS.
15 S 8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
16 LICENSE AS A LICENSED SCHOOL PSYCHOLOGIST, AN APPLICANT SHALL FULFILL
17 THE FOLLOWING REQUIREMENTS:
18 1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
19 2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
20 THE REQUIREMENTS OF A MASTER'S OR DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY
21 FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR DETERMINED BY THE
22 DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT IN ACCORDANCE WITH THE
23 COMMISSIONER'S REGULATIONS. THE GRADUATE COURSEWORK SHALL INCLUDE, BUT
24 NOT BE LIMITED TO, THE FOLLOWING AREAS:
25 (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
26 (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
27 (III) ASSESSMENT AND APPRAISAL OF LEARNERS IN HOME AND SCHOOL
28 CONTEXTS;
29 (IV) CONSULTATION AND COLLABORATION IN FAMILY, SCHOOL AND COMMUNITY
30 SYSTEMS;
31 (V) EFFECTIVE INSTRUCTION AND DEVELOPMENT OF COGNITIVE AND ACADEMIC
32 SKILLS;
33 (VI) PREVENTION AND TREATMENT OF BEHAVIORAL AND EMOTIONAL DISORDERS
34 AND DEFICITS;
35 (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
36 (VIII) RESEARCH AND PROGRAM EVALUATION;
37 (IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
38 (X) COMPLETION OF A TWELVE HUNDRED HOUR SUPERVISED INTERNSHIP IN
39 SCHOOL PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED WITHIN
40 A SCHOOL SETTING.
41 3. EXPERIENCE: COMPLETE A MINIMUM OF TWO THOUSAND FOUR HUNDRED HOURS
42 OF POST-MASTER'S SUPERVISED EXPERIENCE RELEVANT TO THE PRACTICE OF
43 SCHOOL PSYCHOLOGY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE
44 COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
45 ONE THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN SCHOOL
46 PSYCHOLOGY;
47 4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
48 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
49 5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
50 6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
51 MENT; AND
52 7. FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
53 ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
54 LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION; A FEE OF
55 ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT
A. 3697 7
1 REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A FEE OF
2 ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
3 S 8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1. IT SHALL BE DEEMED
4 PRACTICING OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
5 FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
6 OF ANY SERIOUS MENTAL ILLNESS, TO PROVIDE ANY MENTAL HEALTH SERVICES
7 FOR SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A MEDICAL
8 EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
9 ING SUCH ILLNESS. SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
10 DETERMINE AND ADVISE WHETHER ANY MEDICAL CARE IS INDICATED FOR SUCH
11 ILLNESS. FOR PURPOSES OF THIS SECTION, "SERIOUS MENTAL ILLNESS" MEANS
12 SCHIZOPHRENIA, SCHIZOAFFECTIVE DISORDER, BIPOLAR DISORDER, MAJOR
13 DEPRESSIVE DISORDER, PANIC DISORDER AND OBSESSIVE-COMPULSIVE DISORDER.
14 NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT OR IMPAIR
15 CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL. NOTH-
16 ING HEREIN CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR OTHERWISE AFFECT
17 THE DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY AS PROVIDED IN
18 SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
19 2. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
20 THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
21 (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
22 TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
23 HER PROFESSION; OR
24 (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
25 SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
26 SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY PROCEDURE IN WHICH HUMAN
27 TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
28 MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
29 THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
30 3. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO AUTHORIZE, GRANT OR
31 EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
32 S 8725. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
33 TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
34 THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
35 2. LIMITED PERMITS SHALL BE FOR ONE YEAR AND BE RENEWED, AT THE
36 DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
37 3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
38 SEVENTY DOLLARS.
39 S 8726. EXEMPTIONS. NOTHING CONTAINED IN THIS ARTICLE SHALL BE
40 CONSTRUED TO:
41 1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
42 TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
43 CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
44 TITLE OR BY ANY PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN
45 ASSISTANT WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B
46 OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
47 TICE PSYCHOLOGY WITHIN THIS STATE PURSUANT TO ARTICLE ONE HUNDRED
48 FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
49 IZED TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS STATE
50 PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF THIS TITLE, OR BY ANY
51 PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGIS-
52 TERED PROFESSIONAL NURSE WITHIN THIS STATE PURSUANT TO ARTICLE ONE
53 HUNDRED THIRTY-NINE OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHER-
54 WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
55 LY THERAPY, CREATIVE ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE STATE
56 PURSUANT TO ARTICLE ONE HUNDRED SIXTY-THREE OF THIS TITLE; PROVIDED,
A. 3697 8
1 HOWEVER, THAT NO PHYSICIAN, PHYSICIAN'S ASSISTANT, REGISTERED PROFES-
2 SIONAL NURSE, PSYCHOLOGIST, LICENSED CLINICAL SOCIAL WORKER, LICENSED
3 MENTAL HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST,
4 LICENSED CREATIVE ARTS THERAPIST OR LICENSED PSYCHOANALYST MAY USE THE
5 TITLE UNLESS LICENSED UNDER THIS ARTICLE;
6 2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
7 INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM COUN-
8 SELORS AND CERTIFIED SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
9 HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
10 3. PROHIBIT OR LIMIT THE PRACTICE OF A PROFESSION LICENSED PURSUANT
11 TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
12 SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
13 MENT;
14 4. PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
15 ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER, WITHIN THE
16 CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR OBLIGATION;
17 5. PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
18 IZATIONS, OR NOT-FOR-PROFIT BUSINESSES, FROM PROVIDING INSTRUCTION,
19 ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
20 AND RELATIONAL GROUPS; OR
21 6. PROHIBIT OR LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
22 CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE.
23 S 8727. SPECIAL PROVISIONS. 1. ANY NONEXEMPT PERSON PRACTICING THE
24 PROFESSION OF SCHOOL PSYCHOLOGY SHALL APPLY FOR A LICENSE OF SUCH
25 PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
26 (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
27 LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY MEET ALTERNATIVE CRITERIA
28 DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
29 CRITERIA.
30 (B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR A LICENSE ESTABLISHED
31 WITHIN THIS ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
32 REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY HAVING CERTIF-
33 ICATION OR REGISTRATION STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE
34 DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
35 2. NOTWITHSTANDING THE REQUIREMENTS OF SECTION EIGHTY-SEVEN HUNDRED
36 TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
37 YEARS FROM THE EFFECTIVE DATE OF THIS ARTICLE, AN INDIVIDUAL MAY BE
38 LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
39 (A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
40 EN HUNDRED TWENTY-THREE OF THIS ARTICLE AND PERFORMED THE DUTIES OF A
41 SCHOOL PSYCHOLOGIST FOR TWO OF THE PAST FIVE YEARS PRIOR TO THE EFFEC-
42 TIVE DATE OF THIS ARTICLE; OR
43 (B) PERFORMED THE DUTIES OF A SCHOOL PSYCHOLOGIST FOR AT LEAST FIVE
44 YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
45 3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CLAS-
46 SIFICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS APPROVED
47 IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT, IN THE
48 PRACTICE OF SUCH LICENSED PROFESSION.
49 S 8. Paragraph a of subdivision 3 of section 6507 of the education
50 law, as amended by chapter 554 of the laws of 2013, is amended to read
51 as follows:
52 a. Establish standards for preprofessional and professional education,
53 experience and licensing examinations as required to implement the arti-
54 cle for each profession. Notwithstanding any other provision of law, the
55 commissioner shall establish standards requiring that all persons apply-
56 ing, on or after January first, nineteen hundred ninety-one, initially,
A. 3697 9
1 or for the renewal of, a license, registration or limited permit to be a
2 physician, chiropractor, dentist, registered nurse, podiatrist, optome-
3 trist, psychiatrist, psychologist, LICENSED SCHOOL PSYCHOLOGIST,
4 licensed master social worker, licensed clinical social worker, licensed
5 creative arts therapist, licensed marriage and family therapist,
6 licensed mental health counselor, licensed psychoanalyst, dental hygien-
7 ist, licensed behavior analyst, or certified behavior analyst assistant
8 shall, in addition to all the other licensure, certification or permit
9 requirements, have completed two hours of coursework or training regard-
10 ing the identification and reporting of child abuse and maltreatment.
11 The coursework or training shall be obtained from an institution or
12 provider which has been approved by the department to provide such
13 coursework or training. The coursework or training shall include infor-
14 mation regarding the physical and behavioral indicators of child abuse
15 and maltreatment and the statutory reporting requirements set out in
16 sections four hundred thirteen through four hundred twenty of the social
17 services law, including but not limited to, when and how a report must
18 be made, what other actions the reporter is mandated or authorized to
19 take, the legal protections afforded reporters, and the consequences for
20 failing to report. Such coursework or training may also include informa-
21 tion regarding the physical and behavioral indicators of the abuse of
22 individuals with mental retardation and other developmental disabilities
23 and voluntary reporting of abused or neglected adults to the office of
24 mental retardation and developmental disabilities or the local adult
25 protective services unit. Each applicant shall provide the department
26 with documentation showing that he or she has completed the required
27 training. The department shall provide an exemption from the child abuse
28 and maltreatment training requirements to any applicant who requests
29 such an exemption and who shows, to the department's satisfaction, that
30 there would be no need because of the nature of his or her practice for
31 him or her to complete such training;
32 S 9. Paragraph (a) of subdivision 1 of section 413 of the social
33 services law, as separately amended by chapters 126 and 205 of the laws
34 of 2014, is amended to read as follows:
35 (a) The following persons and officials are required to report or
36 cause a report to be made in accordance with this title when they have
37 reasonable cause to suspect that a child coming before them in their
38 professional or official capacity is an abused or maltreated child, or
39 when they have reasonable cause to suspect that a child is an abused or
40 maltreated child where the parent, guardian, custodian or other person
41 legally responsible for such child comes before them in their profes-
42 sional or official capacity and states from personal knowledge facts,
43 conditions or circumstances which, if correct, would render the child an
44 abused or maltreated child: any physician; registered physician assist-
45 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
46 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
47 psychologist; SCHOOL PSYCHOLOGIST; registered nurse; social worker;
48 emergency medical technician; licensed creative arts therapist; licensed
49 marriage and family therapist; licensed mental health counselor;
50 licensed psychoanalyst; licensed behavior analyst; certified behavior
51 analyst assistant; hospital personnel engaged in the admission, examina-
52 tion, care or treatment of persons; a Christian Science practitioner;
53 school official, which includes but is not limited to school teacher,
54 school guidance counselor, school psychologist, school social worker,
55 school nurse, school administrator or other school personnel required to
56 hold a teaching or administrative license or certificate; full or part-
A. 3697 10
1 time compensated school employee required to hold a temporary coaching
2 license or professional coaching certificate; social services worker;
3 director of a children's overnight camp, summer day camp or traveling
4 summer day camp, as such camps are defined in section thirteen hundred
5 ninety-two of the public health law; day care center worker; school-age
6 child care worker; provider of family or group family day care; employee
7 or volunteer in a residential care facility for children that is
8 licensed, certified or operated by the office of children and family
9 services; or any other child care or foster care worker; mental health
10 professional; substance abuse counselor; alcoholism counselor; all
11 persons credentialed by the office of alcoholism and substance abuse
12 services; peace officer; police officer; district attorney or assistant
13 district attorney; investigator employed in the office of a district
14 attorney; or other law enforcement official.
15 S 10. Section 7602 of the education law, as added by chapter 987 of
16 the laws of 1971, is amended to read as follows:
17 S 7602. State board for psychology. A state board for psychology
18 shall be appointed by the board of regents on recommendation of the
19 commissioner for the purpose of assisting the board of regents and the
20 department on matters of professional licensing and professional conduct
21 in accordance with section sixty-five hundred eight of this title. The
22 board shall be composed of not less than eleven [psychologists licensed
23 in this state] MEMBERS, A NUMBER OF WHOM SHALL BE LICENSED SCHOOL
24 PSYCHOLOGISTS SUFFICIENT TO ASSURE MEANINGFUL PARTICIPATION IN BOARD
25 ACTIVITIES. An executive secretary to the board shall be appointed by
26 the board of regents upon the recommendation of the commissioner and
27 shall be a psychologist, licensed in this state.
28 S 11. Subdivisions 5, 10, 12, 16-a and 16-b of section 400.00 of the
29 penal law, subdivisions 5, 10 and 12 as amended and subdivisions 16-a
30 and 16-b as added by chapter 1 of the laws of 2013, paragraph (a-1) of
31 subdivision 16-a as added by chapter 98 of the laws of 2013, are amended
32 to read as follows:
33 5. Filing of approved applications. [(a)] The application for any
34 license, if granted, shall be filed by the licensing officer with the
35 clerk of the county of issuance, except that in the city of New York
36 and, in the counties of Nassau and Suffolk, the licensing officer shall
37 designate the place of filing in the appropriate division, bureau or
38 unit of the police department thereof, and in the county of Suffolk the
39 county clerk is hereby authorized to transfer all records or applica-
40 tions relating to firearms to the licensing authority of that county.
41 [Except as provided in paragraphs (b) through (f) of this subdivision,
42 the] THE name and address of any person to whom an application for any
43 license has been granted shall NOT be a public record. Upon application
44 by a licensee who has changed his place of residence such records or
45 applications shall be transferred to the appropriate officer at the
46 licensee's new place of residence. A duplicate copy of such application
47 shall be filed by the licensing officer in the executive department,
48 division of state police, Albany, within ten days after issuance of the
49 license. The superintendent of state police may designate that such
50 application shall be transmitted to the division of state police elec-
51 tronically. In the event the superintendent of the division of state
52 police determines that it lacks any of the records required to be filed
53 with the division, it may request that such records be provided to it by
54 the appropriate clerk, department or authority and such clerk, depart-
55 ment or authority shall provide the division with such records. In the
56 event such clerk, department or authority lacks such records, the divi-
A. 3697 11
1 sion may request the license holder provide information sufficient to
2 constitute such record and such license holder shall provide the divi-
3 sion with such information. Such information shall be limited to the
4 license holder's name, date of birth, gender,race, residential address,
5 social security number and firearms possessed by said license holder.
6 Nothing in this subdivision shall be construed to change the expiration
7 date or term of such licenses if otherwise provided for in law. [Records
8 assembled or collected for purposes of inclusion in the database estab-
9 lished by this section shall be released pursuant to a court order.
10 Records assembled or collected for purposes of inclusion in the database
11 created pursuant to section 400.02 of this chapter shall not be subject
12 to disclosure pursuant to article six of the public officers law.
13 (b) Each application for a license pursuant to paragraph (a) of this
14 subdivision shall include, on a separate written form prepared by the
15 division of state police within thirty days of the effective date of the
16 chapter of the laws of two thousand thirteen, which amended this
17 section, and provided to the applicant at the same time and in the same
18 manner as the application for a license, an opportunity for the appli-
19 cant to request an exception from his or her application information
20 becoming public record pursuant to paragraph (a) of this subdivision.
21 Such forms, which shall also be made available to individuals who had
22 applied for or been granted a license prior to the effective date of the
23 chapter of the laws of two thousand thirteen which amended this section,
24 shall notify applicants that, upon discovery that an applicant knowingly
25 provided false information, such applicant may be subject to penalties
26 pursuant to section 175.30 of this chapter, and further, that his or her
27 request for an exception shall be null and void, provided that written
28 notice containing such determination is provided to the applicant.
29 Further, such forms shall provide each applicant an opportunity to spec-
30 ify the grounds on which he or she believes his or her application
31 information should not be publicly disclosed. These grounds, which shall
32 be identified on the application with a box beside each for checking, as
33 applicable, by the applicant, shall be as follows:
34 (i) the applicant's life or safety may be endangered by disclosure
35 because:
36 (A) the applicant is an active or retired police officer, peace offi-
37 cer, probation officer, parole officer, or corrections officer;
38 (B) the applicant is a protected person under a currently valid order
39 of protection;
40 (C) the applicant is or was a witness in a criminal proceeding involv-
41 ing a criminal charge;
42 (D) the applicant is participating or previously participated as a
43 juror in a criminal proceeding, or is or was a member of a grand jury;
44 or
45 (E) the applicant is a spouse, domestic partner or household member of
46 a person identified in this subparagraph or subparagraph (ii) of this
47 paragraph, specifying which subparagraph or subparagraphs and clauses
48 apply.
49 (ii) the applicant has reason to believe his or her life or safety may
50 be endangered by disclosure due to reasons stated by the applicant.
51 (iii) the applicant has reason to believe he or she may be subject to
52 unwarranted harassment upon disclosure of such information.
53 (c) Each form provided for recertification pursuant to paragraph (b)
54 of subdivision ten of this section shall include an opportunity for the
55 applicant to request an exception from the information provided on such
56 form becoming public record pursuant to paragraph (a) of this subdivi-
A. 3697 12
1 sion. Such forms shall notify applicants that, upon discovery that an
2 applicant knowingly provided false information, such applicant may be
3 subject to penalties pursuant to section 175.30 of this chapter, and
4 further, that his or her request for an exception shall be null and
5 void, provided that written notice containing such determination is
6 provided to the applicant. Further, such forms shall provide each appli-
7 cant an opportunity to either decline to request the grant or continua-
8 tion of an exception, or specify the grounds on which he or she believes
9 his or her information should not be publicly disclosed. These grounds,
10 which shall be identified in the application with a box beside each for
11 checking, as applicable, by the applicant, shall be the same as provided
12 in paragraph (b) of this subdivision.
13 (d) Information submitted on the forms described in paragraph (b) of
14 this subdivision shall be excepted from disclosure and maintained by the
15 entity retaining such information separate and apart from all other
16 records.
17 (e) (i) Upon receiving a request for exception from disclosure, the
18 licensing officer shall grant such exception, unless the request is
19 determined to be null and void, pursuant to paragraph (b) or (c) of this
20 subdivision.
21 (ii) A request for an exception from disclosure may be submitted at
22 any time, including after a license or recertification has been granted.
23 (iii) If an exception is sought and granted pursuant to paragraph (b)
24 of this subdivision, the application information shall not be public
25 record, unless the request is determined to be null and void. If an
26 exception is sought and granted pursuant to paragraph (c) of this subdi-
27 vision, the information concerning such recertification application
28 shall not be public record, unless the request is determined to be null
29 and void.
30 (f) The information of licensees or applicants for a license shall not
31 be disclosed to the public during the first one hundred twenty days
32 following the effective date of the chapter of the laws of two thousand
33 thirteen, which amended this section. After such period, the information
34 of those who had applied for or been granted a license prior to the
35 preparation of the form for requesting an exception, pursuant to para-
36 graph (b) of this subdivision, may be released only if such individuals
37 did not file a request for such an exception during the first sixty days
38 following such preparation; provided, however, that no information
39 contained in an application for licensure or recertification shall be
40 disclosed by an entity that has not completed processing any such
41 requests received during such sixty days.
42 (g) If a request for an exception is determined to be null and void
43 pursuant to paragraph (b) or (c) of this subdivision, an applicant may
44 request review of such determination pursuant to article seventy-eight
45 of the civil practice laws and rules. Such proceeding must commence
46 within thirty days after service of the written notice containing the
47 adverse determination. Notice of the right to commence such a petition,
48 and the time period therefor, shall be included in the notice of the
49 determination. Disclosure following such a petition shall not be made
50 prior to the disposition of such review.]
51 10. License: expiration, certification and renewal. [(a)] Any license
52 for gunsmith or dealer in firearms and, in the city of New York, any
53 license to carry or possess a pistol or revolver, issued at any time
54 pursuant to this section or prior to the first day of July, nineteen
55 hundred sixty-three and not limited to expire on an earlier date fixed
56 in the license, shall expire not more than three years after the date of
A. 3697 13
1 issuance. In the counties of Nassau, Suffolk and Westchester, any
2 license to carry or possess a pistol or revolver, issued at any time
3 pursuant to this section or prior to the first day of July, nineteen
4 hundred sixty-three and not limited to expire on an earlier date fixed
5 in the license, shall expire not more than five years after the date of
6 issuance; however, in the county of Westchester, any such license shall
7 be certified prior to the first day of April, two thousand, in accord-
8 ance with a schedule to be contained in regulations promulgated by the
9 commissioner of the division of criminal justice services, and every
10 such license shall be recertified every five years thereafter. For
11 purposes of this section certification shall mean that the licensee
12 shall provide to the licensing officer the following information only:
13 current name, date of birth, current address, and the make, model, cali-
14 ber and serial number of all firearms currently possessed. Such certif-
15 ication information shall be filed by the licensing officer in the same
16 manner as an amendment. Elsewhere than in the city of New York and the
17 counties of Nassau, Suffolk and Westchester, any license to carry or
18 possess a pistol or revolver, issued at any time pursuant to this
19 section or prior to the first day of July, nineteen hundred sixty-three
20 and not previously revoked or cancelled, shall be in force and effect
21 until revoked as herein provided. Any license not previously cancelled
22 or revoked shall remain in full force and effect for thirty days beyond
23 the stated expiration date on such license. Any application to renew a
24 license that has not previously expired, been revoked or cancelled shall
25 thereby extend the term of the license until disposition of the applica-
26 tion by the licensing officer. In the case of a license for gunsmith or
27 dealer in firearms, in counties having a population of less than two
28 hundred thousand inhabitants, photographs and fingerprints shall be
29 submitted on original applications and upon renewal thereafter only at
30 six year intervals. Upon satisfactory proof that a currently valid
31 original license has been despoiled, lost or otherwise removed from the
32 possession of the licensee and upon application containing an additional
33 photograph of the licensee, the licensing officer shall issue a dupli-
34 cate license.
35 [(b) All licensees shall be recertified to the division of state
36 police every five years thereafter. Any license issued before the effec-
37 tive date of the chapter of the laws of two thousand thirteen which
38 added this paragraph shall be recertified by the licensee on or before
39 January thirty-first, two thousand eighteen, and not less than one year
40 prior to such date, the state police shall send a notice to all license
41 holders who have not recertified by such time. Such recertification
42 shall be in a form as approved by the superintendent of state police,
43 which shall request the license holder's name, date of birth, gender,
44 race, residential address, social security number, firearms possessed by
45 such license holder, email address at the option of the license holder
46 and an affirmation that such license holder is not prohibited from
47 possessing firearms. The form may be in an electronic form if so desig-
48 nated by the superintendent of state police. Failure to recertify shall
49 act as a revocation of such license. If the New York state police
50 discover as a result of the recertification process that a licensee
51 failed to provide a change of address, the New York state police shall
52 not require the licensing officer to revoke such license.]
53 12. Records required of gunsmiths and dealers in firearms. Any person
54 licensed as gunsmith or dealer in firearms shall keep a record book
55 approved as to form, except in the city of New York, by the superinten-
56 dent of state police. In the record book shall be entered at the time of
A. 3697 14
1 every transaction involving a firearm the date, name, age, occupation
2 and residence of any person from whom a firearm is received or to whom a
3 firearm is delivered, and the calibre, make, model, manufacturer's name
4 and serial number, or if none, any other distinguishing number or iden-
5 tification mark on such firearm. Before delivering a firearm to any
6 person, the licensee shall require him to produce either a license valid
7 under this section to carry or possess the same, or proof of lawful
8 authority as an exempt person pursuant to section 265.20. In addition,
9 before delivering a firearm to a peace officer, the licensee shall veri-
10 fy that person's status as a peace officer with the division of state
11 police. After completing the foregoing, the licensee shall remove and
12 retain the attached coupon and enter in the record book the date of such
13 license, number, if any, and name of the licensing officer, in the case
14 of the holder of a license to carry or possess, or the shield or other
15 number, if any, assignment and department, unit or agency, in the case
16 of an exempt person. The original transaction report shall be forwarded
17 to the division of state police within ten days of delivering a firearm
18 to any person, and a duplicate copy shall be kept by the licensee. The
19 superintendent of state police may designate that such record shall be
20 completed and transmitted in electronic form. A dealer may be granted a
21 waiver from transmitting such records in electronic form if the super-
22 intendent determines that such dealer is incapable of such transmission
23 due to technological limitations that are not reasonably within the
24 control of the dealer, or other exceptional circumstances demonstrated
25 by the dealer, pursuant to a process established in regulation, and at
26 the discretion of the superintendent. [Records assembled or collected
27 for purposes of inclusion in the database created pursuant to section
28 400.02 of this article shall not be subject to disclosure pursuant to
29 article six of the public officers law.] The record book shall be main-
30 tained on the premises mentioned and described in the license and shall
31 be open at all reasonable hours for inspection by any peace officer,
32 acting pursuant to his special duties, or police officer. In the event
33 of cancellation or revocation of the license for gunsmith or dealer in
34 firearms, or discontinuance of business by a licensee, such record book
35 shall be immediately surrendered to the licensing officer in the city of
36 New York, and in the counties of Nassau and Suffolk, and elsewhere in
37 the state to the executive department, division of state police.
38 16-a. [Registration. (a) An owner of a weapon defined in paragraph (e)
39 or (f) of subdivision twenty-two of section 265.00 of this chapter,
40 possessed before the date of the effective date of the chapter of the
41 laws of two thousand thirteen which added this paragraph, must make an
42 application to register such weapon with the superintendent of state
43 police, in the manner provided by the superintendent, or by amending a
44 license issued pursuant to this section within one year of the effective
45 date of this subdivision except any weapon defined under subparagraph
46 (vi) of paragraph (g) of subdivision twenty-two of section 265.00 of
47 this chapter transferred into the state may be registered at any time,
48 provided such weapons are registered within thirty days of their trans-
49 fer into the state. Registration information shall include the regis-
50 trant's name, date of birth, gender, race, residential address, social
51 security number and a description of each weapon being registered. A
52 registration of any weapon defined under subparagraph (vi) of paragraph
53 (g) of subdivision twenty-two of section 265.00 or a feeding device as
54 defined under subdivision twenty-three of section 265.00 of this chapter
55 shall be transferable, provided that the seller notifies the state
56 police within seventy-two hours of the transfer and the buyer provides
A. 3697 15
1 the state police with information sufficient to constitute a registra-
2 tion under this section. Such registration shall not be valid if such
3 registrant is prohibited or becomes prohibited from possessing a firearm
4 pursuant to state or federal law. The superintendent shall determine
5 whether such registrant is prohibited from possessing a firearm under
6 state or federal law. Such check shall be limited to determining whether
7 the factors in 18 USC 922 (g) apply or whether a registrant has been
8 convicted of a serious offense as defined in subdivision sixteen-b of
9 section 265.00 of this chapter, so as to prohibit such registrant from
10 possessing a firearm, and whether a report has been issued pursuant to
11 section 9.46 of the mental hygiene law. All registrants shall recertify
12 to the division of state police every five years thereafter. Failure to
13 recertify shall result in a revocation of such registration.
14 (a-1) Notwithstanding any inconsistent provisions of paragraph (a) of
15 this subdivision, an owner of an assault weapon as defined in subdivi-
16 sion twenty-two of section 265.00 of this chapter, who is a qualified
17 retired New York or federal law enforcement officer as defined in subdi-
18 vision twenty-five of section 265.00 of this chapter, where such weapon
19 was issued to or purchased by such officer prior to retirement and in
20 the course of his or her official duties, and for which such officer was
21 qualified by the agency that employed such officer within twelve months
22 prior to his or her retirement, must register such weapon within sixty
23 days of retirement.
24 (b) The superintendent of state police shall create and maintain an
25 internet website to educate the public as to which semiautomatic rifle,
26 semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
27 as a result of the enactment of the chapter of the laws of two thousand
28 thirteen which added this paragraph, as well as such assault weapons
29 which are illegal pursuant to article two hundred sixty-five of this
30 chapter. Such website shall contain information to assist the public in
31 recognizing the relevant features proscribed by such article two hundred
32 sixty-five, as well as which make and model of weapons that require
33 registration.
34 (c) A person who knowingly fails to apply to register such weapon, as
35 required by this section, within one year of the effective date of the
36 chapter of the laws of two thousand thirteen which added this paragraph
37 shall be guilty of a class A misdemeanor and such person who unknowingly
38 fails to validly register such weapon within such one year period shall
39 be given a warning by an appropriate law enforcement authority about
40 such failure and given thirty days in which to apply to register such
41 weapon or to surrender it. A failure to apply or surrender such weapon
42 within such thirty-day period shall result in such weapon being removed
43 by an appropriate law enforcement authority and declared a nuisance.
44 16-b.] The cost of the software, programming and interface required to
45 transmit any record that must be electronically transmitted by the deal-
46 er or licensing officer to the division of state police pursuant to this
47 chapter shall be borne by the state.
48 S 12. Subdivision 24 of section 265.00 of the penal law is REPEALED.
49 S 13. Paragraph 3 of subdivision a of section 265.20 of the penal law,
50 as amended by chapter 1 of the laws of 2013, is amended to read as
51 follows:
52 3. Possession of a pistol or revolver by a person to whom a license
53 therefor has been issued as provided under section 400.00 or 400.01 of
54 this chapter [or possession of a weapon as defined in paragraph (e) or
55 (f) of subdivision twenty-two of section 265.00 of this article which is
56 registered pursuant to paragraph (a) of subdivision sixteen-a of section
A. 3697 16
1 400.00 of this chapter or is included on an amended license issued
2 pursuant to section 400.00 of this chapter. In the event such license is
3 revoked, other than because such licensee is no longer permitted to
4 possess a firearm, rifle or shotgun under federal or state law, informa-
5 tion sufficient to satisfy the requirements of subdivision sixteen-a of
6 section 400.00 of this chapter, shall be transmitted by the licensing
7 officer to the state police, in a form as determined by the superinten-
8 dent of state police. Such transmission shall constitute a valid regis-
9 tration under such section. Further provided, notwithstanding any other
10 section of this title, a failure to register such weapon by an individ-
11 ual who possesses such weapon before the enactment of the chapter of the
12 laws of two thousand thirteen which amended this paragraph and may so
13 lawfully possess it thereafter upon registration, shall only be subject
14 to punishment pursuant to paragraph (c) of subdivision sixteen-a of
15 section 400.00 of this chapter]; provided, that such a license [or
16 registration] shall not preclude a conviction for the offense defined in
17 [subdivision three of section 265.01 of this article or] section
18 265.01-a of this article.
19 S 14. Section 400.10 of the penal law, as amended by chapter 1 of the
20 laws of 2013, is amended to read as follows:
21 S 400.10 Report of theft or loss of a firearm, rifle or shotgun.
22 1. (a) Any owner or other person lawfully in possession of[: (i)] a
23 firearm, rifle or, shotgun who suffers the loss or theft of said weap-
24 on[; (ii) ammunition as well as a firearm, rifle or shotgun who suffers
25 the loss or theft of such ammunition as well as a firearm, rifle or
26 shotgun; or (iii) ammunition and is a dealer in firearms or seller of
27 ammunition who suffers the loss or theft of such ammunition] shall with-
28 in twenty-four hours of the discovery of the loss or theft report the
29 facts and circumstances of the loss or theft to a police department or
30 sheriff's office.
31 (b) Whenever a person reports the theft or loss of a firearm, rifle[,]
32 OR shotgun [or ammunition] to any police department or sheriff's office,
33 the officer or department receiving such report shall forward notice of
34 such theft or loss to the division of state police via the New York
35 Statewide Police Information Network. The notice shall contain informa-
36 tion in compliance with the New York Statewide Police Information
37 Network Operating Manual, including the caliber, make, model, manufac-
38 turer's name and serial number, if any, and any other distinguishing
39 number or identification mark on the weapon.
40 2. The division of state police shall receive, collect and file the
41 information referred to in subdivision one of this section. The division
42 shall cooperate, and undertake to furnish or make available to law
43 enforcement agencies this information, for the purpose of coordinating
44 law enforcement efforts to locate such weapons.
45 3. Notwithstanding any other provision of law, a violation of para-
46 graph (a) of subdivision one of this section shall be a class A misde-
47 meanor.
48 S 15. Subdivision (b) of section 9.46 of the mental hygiene law, as
49 added by chapter 1 of the laws of 2013, is amended to read as follows:
50 (b) Notwithstanding any other law to the contrary, when a mental
51 health professional currently providing treatment services to a person
52 determines, in the exercise of reasonable professional judgment, that
53 such person is likely to engage in conduct that would result in serious
54 harm to self or others, he or she shall be required to report, as soon
55 as practicable, to the director of community services, or the director's
56 designee, who shall report to the division of criminal justice services
A. 3697 17
1 whenever he or she agrees that the person is likely to engage in such
2 conduct. Information transmitted to the division of criminal justice
3 services shall be limited to names and other non-clinical identifying
4 information WHICH SHALL INCLUDE AT LEAST TWO OF THE FOLLOWING: BIRTH-
5 DATE, SOCIAL SECURITY NUMBER OR CURRENT ADDRESS, which may only be used
6 for determining whether a license issued pursuant to section 400.00 of
7 the penal law should be suspended or revoked, or for determining whether
8 a person is ineligible for a license issued pursuant to section 400.00
9 of the penal law, or is no longer permitted under state or federal law
10 to possess a firearm.
11 S 16. Subdivision 19 of section 837 of the executive law, as added by
12 chapter 1 of the laws of 2013, is amended to read as follows:
13 19. Receive names and other non-clinical identifying information,
14 WHICH SHALL INCLUDE AT LEAST TWO OF THE FOLLOWING: BIRTHDATE, SOCIAL
15 SECURITY NUMBER OR CURRENT ADDRESS, pursuant to section 9.46 of the
16 mental hygiene law; provided, however, any such information shall be
17 destroyed five years after such receipt, or pursuant to a proceeding
18 brought under article seventy-eight of the civil practice law and rules
19 determining that an individual is eligible for a license pursuant to
20 section 400.00 of the penal law and otherwise permitted to possess a
21 firearm.
22 S 17. Paragraphs (b) and (c) of subdivision 11 of section 400.00 of
23 the penal law, as added by chapter 1 of the laws of 2013, are amended to
24 read as follows:
25 (b) Whenever the director of community services or his or her designee
26 makes a report pursuant to section 9.46 of the mental hygiene law, the
27 division of criminal justice services shall [convey such information,
28 whenever it determines that] DETERMINE WHETHER the person named in the
29 report possesses a license issued pursuant to this section[, to]. IT
30 SHALL BE THE RESPONSIBILITY OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
31 TO CONFIRM THAT THE PERSON NAMED IN THE REPORT IS THE SAME PERSON TO
32 WHOM SUCH LICENSE HAS BEEN ISSUED. AFTER SUCH CONFIRMATION IS MADE, THE
33 DIVISION SHALL NOTIFY the appropriate licensing [official] OFFICER, who
34 shall issue an order suspending or revoking such license. THE LICENSEE
35 SHALL HAVE THE RIGHT TO A HEARING BEFORE THE LICENSING OFFICER REGARDING
36 ANY REVOCATION, SUSPENSION, INELIGIBILITY OR SURRENDER ORDERED PURSUANT
37 TO THIS SUBDIVISION AND WHERE SUCH A HEARING IS REQUESTED, IT SHALL BE
38 COMMENCED WITHIN FOURTEEN DAYS OF THE DATE SUCH REVOCATION, SUSPENSION,
39 INELIGIBILITY OR SURRENDER IS ORDERED.
40 (c) In any instance in which a person's license is suspended or
41 revoked under paragraph (a) or (b) of this subdivision, such person
42 shall surrender such license to the appropriate licensing [official]
43 OFFICER and any and all firearms, rifles, or shotguns owned or possessed
44 by such person shall be surrendered to an appropriate law enforcement
45 agency as provided in subparagraph (f) of paragraph one of subdivision a
46 of section 265.20 of this chapter. In the event such license, firearm,
47 shotgun, or rifle is not surrendered, such items shall be removed [and
48 declared a nuisance] and any police officer or peace officer acting
49 pursuant to his or her special duties is authorized to remove any and
50 all such weapons.
51 S 18. This act shall take effect immediately; provided that: sections
52 seven, eight, nine and ten of this act shall take effect January 1,
53 2016, provided further that the department of education is authorized to
54 promulgate any and all rules and regulations and take any other measure
55 necessary to implement such provisions on or before their effective
56 date, including, but not limited to, the appointment of the state board
A. 3697 18
1 of psychology, the acceptance and processing of applications for licen-
2 sure and the issuance of licenses; provided further that the provisions
3 of article 166-A of the education law, as added by section seven of this
4 act, requiring a license or limited permit to practice under such arti-
5 cle shall not be enforced until January 1, 2017.