Senate Bill S5634

2013-2014 Legislative Session

Requires colleges, universities, and schools of higher education to file a verified notification form and certificate of security information

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to veterans, homeland security and military affairs
May 30, 2013	referred to veterans, homeland security and military affairs

2013-S5634 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Add §719, Exec L

2013-S5634 (ACTIVE) - Summary

Requires colleges, universities, and schools of higher education to file a verified notification form and certificate of security information.

2013-S5634 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5634

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:  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 Federal Department of Homeland Security, and the
Division of the New York State police, for every student who is note
citizen of the United States.

SUMMARY OF SPECIFIC PROVISIONS:  Specifically, this bill would add a
new section 719 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 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 Immigration
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 instances of terrorism in the United States have
taught all Americans, that we need to be more vigilant and concerned
with our security

This bill would learn from those lessons of 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 the Federal Department of Homeland Security
with important information on students who are not United States
Citizens.


Despite all the challenges that terrorism presents, both Federal and
State law enforcement and Homeland Security have far too often had
their requests for information on foreign students denied from
educational institutions. Because there is presently no mandate that
such institutions must provide this information, many such
institutions have continue to refuse to provide this information
without a warrant or subpoena.

Requiring the time, energy and expense to get this information, much
of which is often readily available in the public domain, places our
security, state and nation at risk and without any appreciable gain in
liberty or freedom to any citizen This bill would therefore 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 background they need to ensure that no
immigration or security violations or risks are taking place As a
result, no longer would the FBI, Homeland Security or the State Police
not know of the registration of illegal aliens, from nations that
support terrorism, in flight schools, engineering and transportation
programs, biology programs that experiment with anthrax, or nuclear
physics programs.

LEGISLATIVE HISTORY:  S 4856: Senate Finance Committee

FISCAL IMPLICATIONS:  None noted.

EFFECTIVE DATE:  This act would take effect immediately.

2013-S5634 (ACTIVE) - Bill Text download pdf

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

                                  5634

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 30, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

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 719 to
read as follows:
  S  719.  MANDATORY  FILING OF CERTIFICATE OF SECURITY INFORMATION.  1.
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, VERI-
FIED  BY  THE  PRESIDENT OR HIGHEST DESIGNATED OFFICIAL OF SUCH COLLEGE,
UNIVERSITY, OR OTHER INSTITUTE OR SCHOOL OF HIGHER  EDUCATION  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 DEPARTMENT OF HOMELAND SECURITY, 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. 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 FEDERAL BUREAU OF INVESTIGATION, THE FEDERAL DEPART-
MENT  OF  HOMELAND  SECURITY,  AND  THE  DIVISION  OF THE NEW YORK STATE
POLICE, A CERTIFICATE OF SECURITY INFORMATION, VERIFIED BY THE PRESIDENT
OR HIGHEST DESIGNATED OFFICIAL OF SUCH  COLLEGE,  UNIVERSITY,  OR  OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11291-01-3

S. 5634                             2

INSTITUTE  OR  SCHOOL  OF HIGHER EDUCATION 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  FEDERAL  IMMIGRATION  DOCUMENTATION  INFORMATION,  FOR  EVERY
STUDENT  REGISTERED,  ATTENDING OR AUDITING SUCH COLLEGE, UNIVERSITY, OR
OTHER INSTITUTE OR SCHOOL OF HIGHER EDUCATION OR VOCATIONAL LEARNING WHO
IS NOT A CITIZEN OF THE UNITED STATES. SUCH CERTIFICATE SHALL  BE  FILED
WITH  THE  FEDERAL  BUREAU  OF  INVESTIGATION, THE FEDERAL DEPARTMENT OF
HOMELAND SECURITY, AND THE DIVISION OF THE NEW YORK STATE  POLICE  PRIOR
TO  THE  COMMENCEMENT  OF EACH ACADEMIC SEMESTER, OR PROVISION OF EDUCA-
TIONAL SERVICES.
  3. ANY COLLEGE, UNIVERSITY OR OTHER  INSTITUTE  OR  SCHOOL  OF  HIGHER
EDUCATION  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 EDUCATION  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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Senate Bill S5634

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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2013-S5634 (ACTIVE) - Details

2013-S5634 (ACTIVE) - Summary

2013-S5634 (ACTIVE) - Sponsor Memo

2013-S5634 (ACTIVE) - Bill Text download pdf

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Sponsored By

Greg Ball

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Actions

2013-S5634 (ACTIVE) - Details

2013-S5634 (ACTIVE) - Summary

2013-S5634 (ACTIVE) - Sponsor Memo

2013-S5634 (ACTIVE) - Bill Text download pdf

Comments