NY State Senate Bill 2009-S4856

Senate Bill S4856

2009-2010 Legislative Session

Relates to the mandatory filing of a verified notification form and certificate of security information by colleges, universities and schools of higher education

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
Apr 27, 2009	referred to finance

2009-S4856 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §418, Exec L

2009-S4856 (ACTIVE) - Summary

Relates to the mandatory filing of verified notification forms with the office of attorney general and the filing of a certificate of security information with the FBI by colleges, universities and schools of higher education prior to receipt of any financial assistance from the state of New York or any of its political subdivisions.

2009-S4856 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4856

 TITLE OF BILL :

An act to amend the executive law, in relation to the mandatory filing
of a verified notification form and certificate of security
information by colleges, universities, and schools of higher education


 PURPOSE OR GENERAL IDEA :

This bill would require any college, university or other institute or
school of higher education or vocational learning to file a
Certificate of Security Information with the Federal Bureau of
Investigation, the Division of Federal Immigration and Naturalization
Services within the Department of Homeland Security, and the Division
of the New York State police, a Certificate of Security Information
for every student who is not a citizen of the United States.

 SUMMARY OF SPECIFIC PROVISIONS :

Specifically, this bill would add a new section 418 to the executive
law to provide:

1. That prior to receipt of any financial assistance from the state of
New York or any of its political subdivisions, any college, university

or other institute or school of higher education or vocational
learning shall file with the office of the attorney general, a
Notification Form, verified by the president or highest designated
official of such institution, affirming that such institution has
filed a Certificate of Security Information with the Federal Bureau of
Investigation, the Division of Federal Immigration and Naturalization
Services within the Department of Homeland Security and the Division
of the New York State police. The filing of such Verified Notification
Form would include a copy of the Certificate of Security Information
so filed;

2. That such Certificate would provide the name; current street
address; current email address; current telephone number; nation of
origin; all courses enrolled in and/or registered for; and the Social
Security Number or Taxpayer Identification Number or INS Documentation
Information, for every student registered, attending or auditing such
college, university, or other institute or school of higher or
vocational learning who is not a citizen of the United States; and

3. That any such institution that fails to file the Notification of
Filing and Certificate of Security Information prior to the
commencement of the academic semester or provision of educational
services, and that has received any financial assistance from the
state of New York or any of its political subdivisions, shall be
liable for a civil penalty of up to three times the amount of the
financial assistance so received.

 JUSTIFICATION :

The attacks on the World Trade Center and Pentagon on September 11,
2001, taught all Americans, that we need to be more vigilant and
concerned with our security. This bill would learn from the lessons of
911 and require that all colleges, universities or other institutes or
schools of higher education or vocational learning, provide the
Attorney General, the State Police, the FBI and INS with important
information on students who are not United States Citizens.

Currently, both the FBI and INS have asked such institutions for such
information, but because there is presently no mandate to provide the
same, many such institutions have failed to, or refused to, comply.
This places our security, state and nation at risk and without any
appreciable gain in liberty or freedom to any citizen. This bill would
mandate the provision of important information on students who are not
United States citizens.

None of the information so provided would be violative of the
student's rights, but would rather merely provide the proper
authorities with the updated information they need to ensure that no
immigration or security violations or risks are taking place.

As a result, no longer would the FBI or INS not know of the
registration of illegal aliens in flight schools, biology programs
that experiment with anthrax, or nuclear physics programs.

 FISCAL IMPLICATIONS :

None noted.

 PRIOR LEGISLATIVE HISTORY :

2008: S.3742 - Referred to Finance.

 EFFECTIVE DATE :
This act would take effect immediately.

2009-S4856 (ACTIVE) - Bill Text download pdf

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

                                  4856

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to the  mandatory  filing
  of  a  verified notification form and certificate of security informa-
  tion by colleges, universities, and schools of higher education

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section 418 to
read as follows:
  S  418.  MANDATORY  FILING OF CERTIFICATE OF SECURITY INFORMATION.  1.
FILING OF VERIFIED NOTIFICATION FORM WITH THE  OFFICE  OF  THE  ATTORNEY
GENERAL.  PRIOR TO RECEIPT OF ANY FINANCIAL ASSISTANCE FROM THE STATE OF
NEW YORK OR ANY OF ITS POLITICAL SUBDIVISIONS, ANY  COLLEGE,  UNIVERSITY
OR  OTHER INSTITUTE OR SCHOOL OF HIGHER EDUCATION OR VOCATIONAL LEARNING
SHALL FILE WITH THE OFFICE OF THE ATTORNEY GENERAL, A NOTIFICATION FORM,
VERIFIED BY  THE  PRESIDENT  OR  HIGHEST  DESIGNATED  OFFICIAL  OF  SUCH
COLLEGE,  UNIVERSITY,  OR  OTHER  INSTITUTE OR SCHOOL OF HIGHER OR VOCA-
TIONAL LEARNING, AFFIRMING THAT SUCH COLLEGE, UNIVERSITY OR OTHER INSTI-
TUTE OR SCHOOL OF HIGHER EDUCATION OR VOCATIONAL LEARNING  HAS  FILED  A
CERTIFICATE  OF SECURITY INFORMATION WITH THE FEDERAL BUREAU OF INVESTI-
GATION, THE FEDERAL IMMIGRATION  AND  NATURALIZATION  SERVICES  AND  THE
DIVISION  OF  THE  NEW  YORK  STATE  POLICE. THE FILING OF SUCH VERIFIED
NOTIFICATION FORM SHALL INCLUDE A COPY OF THE  CERTIFICATE  OF  SECURITY
INFORMATION SO FILED.
  2. CERTIFICATE OF SECURITY INFORMATION. PRIOR TO RECEIPT OF ANY FINAN-
CIAL  ASSISTANCE  FROM  THE  STATE  OF  NEW YORK OR ANY OF ITS POLITICAL
SUBDIVISIONS, ANY COLLEGE, UNIVERSITY OR OTHER INSTITUTE  OR  SCHOOL  OF
HIGHER  EDUCATION  OR  VOCATIONAL  LEARNING  SHALL FILE WITH THE FEDERAL
BUREAU OF INVESTIGATION,  THE  FEDERAL  IMMIGRATION  AND  NATURALIZATION
SERVICES,  AND  THE DIVISION OF THE NEW YORK STATE POLICE, A CERTIFICATE
OF SECURITY INFORMATION, VERIFIED BY THE PRESIDENT OR HIGHEST DESIGNATED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11252-01-9

S. 4856                             2

OFFICIAL OF SUCH COLLEGE, UNIVERSITY, OR OTHER INSTITUTE  OR  SCHOOL  OF
HIGHER  OR  VOCATIONAL LEARNING, WHICH PROVIDES THE NAME; CURRENT STREET
ADDRESS; CURRENT EMAIL ADDRESS;  CURRENT  TELEPHONE  NUMBER;  NATION  OF
ORIGIN;  ALL  COURSES  ENROLLED IN AND/OR REGISTERED FOR; AND THE SOCIAL
SECURITY NUMBER OR TAXPAYER ID NUMBER OR INS DOCUMENTATION  INFORMATION,
FOR  EVERY  STUDENT  REGISTERED,  ATTENDING  OR  AUDITING  SUCH COLLEGE,
UNIVERSITY, OR OTHER INSTITUTE OR SCHOOL OF HIGHER OR VOCATIONAL  LEARN-
ING WHO IS NOT A CITIZEN OF THE UNITED STATES. SUCH CERTIFICATE SHALL BE
FILED  WITH THE FEDERAL BUREAU OF INVESTIGATION, THE FEDERAL IMMIGRATION
AND NATURALIZATION SERVICES, AND THE DIVISION  OF  THE  NEW  YORK  STATE
POLICE PRIOR TO THE COMMENCEMENT OF EACH ACADEMIC SEMESTER, OR PROVISION
OF EDUCATIONAL SERVICES.
  3.  ANY  COLLEGE, UNIVERSITY OR OTHER INSTITUTE OR SCHOOL OF HIGHER OR
VOCATIONAL LEARNING THAT FAILS TO FILE THE NOTIFICATION  OF  FILING  AND
CERTIFICATE  OF  SECURITY  INFORMATION  PRIOR TO THE COMMENCEMENT OF THE
ACADEMIC SEMESTER OR PROVISION OF EDUCATIONAL SERVICES, AS  PROVIDED  BY
SUBDIVISIONS  ONE  AND  TWO  OF  THIS SECTION, AND THAT HAS RECEIVED ANY
FINANCIAL ASSISTANCE FROM THE STATE OF NEW YORK OR ANY OF ITS  POLITICAL
SUBDIVISIONS,  SHALL  BE LIABLE FOR A CIVIL PENALTY OF UP TO THREE TIMES
THE AMOUNT OF THE FINANCIAL ASSISTANCE SO RECEIVED.
  4. FOR THE PURPOSE OF THIS SECTION, THE TERM "COLLEGE, UNIVERSITY,  OR
OTHER  INSTITUTE  OR  SCHOOL  OF  HIGHER  OR  VOCATIONAL LEARNING" SHALL
INCLUDE:
  A. ANY PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY;
  B. ANY PROFESSIONAL,  TECHNICAL,  OR  VOCATIONAL  SCHOOL,  ACADEMY  OR
INSTITUTE; OR
  C.  ANY OTHER SCHOOL, ACADEMY, INSTITUTE, OR PROGRAM, UPON THE CONCLU-
SION OF WHICH THE STUDENT  SHALL  BE  AWARDED  A  DIPLOMA,  CERTIFICATE,
LICENSE, PERMIT, OR REGISTRATION.
  S 2. This act shall take effect immediately.

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