Bill S5634-2013

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

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

Details

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  • Jan 8, 2014: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • May 30, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5634 2013-2014 Regular Sessions IN SENATE 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
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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