NY State Senate Bill 2015-S6253A

Senate Bill S6253A

2015-2016 Legislative Session

Requires residents of the state, who are foreign refugees, to register with the office of temporary and disability assistance

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 14, 2016	reported and committed to finance
Mar 07, 2016	print number 6253a
Mar 07, 2016	amend (t) and recommit to veterans, homeland security and military affairs
Jan 06, 2016	referred to veterans, homeland security and military affairs

Votes

- Mar 14, 2016 - Veterans, Homeland Security And Military Affairs Committee Vote
  S6253A
  
  7
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Mar 14, 2016
      
      aye (7)
      
      Amedore
      
      Croci
      
      Felder
      
      Golden
      
      Larkin
      
      Marchione
      
      Ortt
      
      nay (4)
      
      Addabbo Jr.
      
      Comrie
      
      Panepinto
      
      Serrano
      
      aye wr (1)
      
      Carlucci
      
      excused (1)
      
      Sanders Jr.

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2015-S6253 - Details

See Assembly Version of this Bill:: A9630
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§709 & 94-b, Exec L; amd §20, Soc Serv L; add §1413, N-PC L
Versions Introduced in 2017-2018 Legislative Session:: S2304

2015-S6253 - Summary

Requires residents of the state, who are foreign refugees, to register with the office of temporary and disability assistance; directs such office to provide registration information to the office of children and family services, the department of health, the office for new Americans, the department of law, the division of state police, and the division of homeland security and emergency services; directs the office for new Americans to conduct background screenings of all refugees who register; requires refugee resettlement agencies to submit quarterly reports to the bureau of refugee and immigrant assistance on the refugees to whom it provides assistance, and to monitor the activities of such refugees for a certain period of time

2015-S6253 - Sponsor Memo

                                 BILL NUMBER:  S6253

 TITLE OF BILL :

An act to amend the executive law, in relation to directing the
division of homeland security and emergency services to develop a plan
to ensure that refugee settlement agencies monitor certain refugees;
and directing the office for new Americans to conduct a background
check on refugees; to amend the social services law, in relation to
requiring aliens admitted to the United States as refugees to register
with the office of temporary and disability assistance; and to amend
the not-for-profit corporation law, in relation to requiring refugee
resettlement agencies to submit quarterly reports to the bureau of
refugee and immigrant assistance and requiring such agencies to
monitor refugees for a certain period of time

 PURPOSE :

This bill would ensure the proper registration, background check and
monitoring of refugees seeking asylum in New York State.

 SUMMARY OF PROVISIONS :

Section one amends section 709 of the executive law, relating to the
powers and duties of the Commissioner of the Division of Homeland
Security and Emergency Services, to require the commissioner to

develop and implement a plan to ensure that all refugee settlement
agencies comply with the requirements of section one thousand four
hundred thirteen of the not-for-profit corporation law.

Section two amends section 94-b of the executive law, relating to the
Office for New Americans, to require the Office to screen and perform
a background screening of every immigrant who registers pursuant to
subdivision nine of section twenty of the social services law, to
ensure that the immigrant does not present a security risk to the
state or the United States. The office shall provide the results of
each screening to the Department of Law, the Division of State Police,
and the Division of Homeland Security and Emergency Services.

Section three amends section twenty of the social services law,
relating to the powers and duties of the department of social
services, to require the Office of New Americans to collect and
maintain reports submitted by the refugee resettlement agencies
pursuant to section fourteen hundred thirteen of the not-for-profit
corporation law.

Section four amends section twenty of the social services law,
relating to the powers and duties of the department of social
services, to require the bureau of refugee and immigrant assistance of
the office of temporary and disability assistance (OTDA) to provide
each alien who resides in the state, and who is admitted to the United
States as a refugee or who was granted asylum pursuant, that he or she
is required, within thirty days of entering the state to (i) register
as a refugee with OTDA, (ii) be interviewed by and provide his or her
fingerprints to an officer or employee of such office designated by
the commissioner of OTDA. Additionally, the Commissioner is required
to maintain all refugee registration data and information in an
electronic database, and on a monthly basis forward a copy of the
registration record of each refugee who registered during the
preceding month, to the Office of Children and Family Services, the
Department of Health, the Office for New Americans, the Department of
Law, the Division of the State Police, and the Division of Homeland
Security and Emergency Services.  Further, the Commissioner is
required to submit an annual report on the registration program to the
governor, the temporary president of the senate, and the speaker of
the assembly. The report will include the number of refugees who
registered during the previous calendar year and their countries of
origin.

Section five amends the not-for-profit corporation law by adding a new
section one thousand four hundred thirteen relating to refugee
resettlement agencies. A "refugee resettlement agency" means a
voluntary agency, as defined pursuant to section one thousand four
hundred eleven of the United States Immigration and Nationality Act,
organization or affiliate of such agency or organization that receives
federal funding for refugee reception and placement resettlement
services or other federal grants intended for the support of refugee
resettlement activities. Subdivision (b) establishes that each refugee
resettlement agency shall report, on a quarterly basis, to the Bureau
of Refugee and Immigrant Assistance of OTDA the total number of
refugees resettled by the agency and the total of such refugees in the
following age groups: (A) under eighteen years of age; (B) between
eighteen and sixty-four years of age, and (C) sixty-five years of age
or older, we well as the public assistance benefits the refugees have
applied for or been granted, and the countries of origin of the
refugees. Finally, each refugee resettlement agency shall monitor
refugees who have been registered with OTDA pursuant to subdivision
nine of section twenty of the social services law for a period of one
year or until such time as a refugee is granted permanent resident
status by the United States Citizenship and Immigration Services,
whichever shall occur first.

Section six establishes the effective date.

 JUSTIFICATION :

The horrific terrorist attack on Paris, France on November 13, 2015
raises grave concerns regarding our current immigration policies and
procedures. Evidence found in the wake of the attack revealed that one
of the bombers was a part of a group of Syrian refugees which entered
France back in October. Irrespective of evidence that terrorists
entered France under the guise of refugee status, President Obama
remains committed to accepting Syrian refugees into our borders, a
policy which threatens the safety of each and every resident of this
state. Immigration, while a cornerstone of our great nation, has
proven to be a flawed system which has resulted in vulnerability to
terrorist threats.

It is crucial that we take reasonable measures to protect our state's
residents while working within the confines of federal law, and
continuing to provide humanitarian relief. This piece of legislation
accomplishes this fine balance, by requiring refugees, admitted by the
federal government, to register, interview and provide fingerprints to
the state's Bureau of Refugee and Immigrant Assistance (BRIA) within
the Office of Temporary and Disability Assistance (OTDA). The Bureau
is required to perform background checks on all individuals seeking
refugee status within the state, monitor these individuals for any
indications of terrorism and deny the issuance of state funded public
assistance to individuals who fail to comply. The provisions of the
bill allow New York to create its own mechanism to properly vet and
monitor individuals seeking asylum within the state's borders while
continuing necessary humanitarian efforts.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None noted.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6253 - Bill Text download pdf

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

                                  6253

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced by Sens. MURPHY, CROCI -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Veterans, Homeland
  Security and Military Affairs

AN ACT to amend the executive law, in relation to directing the division
  of homeland security and emergency  services  to  develop  a  plan  to
  ensure  that refugee settlement agencies monitor certain refugees; and
  directing the office for new Americans to conduct a  background  check
  on  refugees; to amend the social services law, in relation to requir-
  ing aliens admitted to the United States as refugees to register  with
  the  office  of  temporary and disability assistance; and to amend the
  not-for-profit corporation  law,  in  relation  to  requiring  refugee
  resettlement  agencies  to  submit  quarterly reports to the bureau of
  refugee and immigrant assistance and requiring such agencies to  moni-
  tor refugees for a certain period of time

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

  Section 1. Paragraph (u) of subdivision 2 of section 709 of the execu-
tive law is relettered paragraph (v) and a new paragraph (u) is added to
read as follows:
  (U) DEVELOP AND IMPLEMENT A PLAN TO ENSURE THAT ALL REFUGEE SETTLEMENT
AGENCIES COMPLY WITH THE  REQUIREMENTS  OF  SECTION  ONE  THOUSAND  FOUR
HUNDRED THIRTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
  S  2.  Paragraphs  (m) and (n) of subdivision 5 of section 94-b of the
executive law, as added by chapter 206 of the laws of 2014, are  amended
and a new paragraph (o) is added to read as follows:
  (m)  Encourage  and  assist  local  governments  in the development of
activities to enhance civic engagement among immigrants and in immigrant
communities; [and]
  (n) Beginning in two thousand fifteen, by June fifteenth of each year,
produce a report to the governor, the speaker of the assembly,  and  the
temporary  president  of  the  senate  describing  the activities of the
office, including but not limited to, summarizing calls received through
the hotline and website, information on ESOL training services  provided

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13199-04-5

S. 6253                             2

by the office, the number of immigrants assisted through the opportunity
centers,  or an estimation thereof, the status of any workforce develop-
ment programs, and any other relevant information[.]; AND
  (O)  SCREEN  AND PERFORM A BACKGROUND SCREENING OF EVERY IMMIGRANT WHO
REGISTERS PURSUANT TO SUBDIVISION NINE OF SECTION TWENTY OF  THE  SOCIAL
SERVICES  LAW,  TO ENSURE THAT THE IMMIGRANT DOES NOT PRESENT A SECURITY
RISK TO THE STATE OR THE UNITED STATES. THE  OFFICE  SHALL  PROVIDE  THE
RESULTS OF EACH SUCH SCREENING TO THE DEPARTMENT OF LAW, THE DIVISION OF
STATE  POLICE,  AND  THE  DIVISION  OF  HOMELAND  SECURITY AND EMERGENCY
SERVICES.
  S 3.   Paragraph (i) of subdivision 3 of  section  20  of  the  social
services  law,  as  added by chapter 304 of the laws of 1990, is amended
and a new paragraph (j) is added to read as follows:
  (i) to assure conformance with federal law, by  entering  into  agree-
ments  with  the federal social security administration and public agen-
cies in other  states  responsible  for  administering  the  food  stamp
program  or  programs under title I, II, IV-A, IV-D, X, XIV, XVI, or XIX
of the social security act under which the department will provide  such
agencies,  when  required  by  federal  law  and  only  to the extent so
required, with data which may be of use  in  establishing  or  verifying
eligibility  for  or  benefit amounts in such programs or ability to pay
support for a person receiving  support  collection  services  including
data  obtained  from  the  wage  reporting  system operated by the state
department of taxation and  finance  pursuant  to  section  one  hundred
seventy-one-a of the tax law[.]; AND
  (J)  TO COLLECT AND MAINTAIN REPORTS SUBMITTED BY REFUGEE RESETTLEMENT
AGENCIES  PURSUANT  TO  SECTION  FOURTEEN  HUNDRED   THIRTEEN   OF   THE
NOT-FOR-PROFIT CORPORATION LAW.
  S  4. Section 20 of the social services law is amended by adding a new
subdivision 9 to read as follows:
  9. (A) THE BUREAU OF REFUGEE AND IMMIGRANT ASSISTANCE OF THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE SHALL  PROVIDE  TO  EACH  ALIEN  WHO
RESIDES IN THE STATE, AND WHO WAS ADMITTED TO THE UNITED STATES OF AMER-
ICA  AS  A  REFUGEE  PURSUANT TO SECTION TWO HUNDRED SEVEN OF THE UNITED
STATES IMMIGRATION AND NATIONALITY ACT (8 USC S 1157) OR WHO WAS GRANTED
ASYLUM PURSUANT TO SECTION TWO HUNDRED EIGHT OF SUCH ACT (8 USC S 1158),
THAT HE OR SHE IS REQUIRED, WITHIN THIRTY DAYS OF  ENTERING  THE  STATE,
TO:
  (I)  REGISTER AS A REFUGEE WITH THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE; AND
  (II) BE INTERVIEWED BY AND PROVIDE HIS OR HER FINGERPRINTS TO AN OFFI-
CER OR EMPLOYEE OF SUCH OFFICE DESIGNATED BY THE COMMISSIONER OF  TEMPO-
RARY AND DISABILITY ASSISTANCE.
  (B)  THE  COMMISSIONER  OF  TEMPORARY  AND DISABILITY ASSISTANCE SHALL
MAINTAIN ALL REFUGEE REGISTRATION DATA AND INFORMATION IN AN  ELECTRONIC
DATABASE.  NOT LESS THAN ON A MONTHLY BASIS, THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE SHALL FORWARD A COPY OF THE REGISTRATION RECORD OF
EACH REFUGEE WHO REGISTERED DURING THE PRECEDING MONTH, TO THE OFFICE OF
CHILDREN AND FAMILY SERVICES, THE DEPARTMENT OF HEALTH, THE  OFFICE  FOR
NEW  AMERICANS, THE DEPARTMENT OF LAW, THE DIVISION OF STATE POLICE, AND
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  (C) ANNUALLY, ON OR BEFORE FEBRUARY FIRST, THE COMMISSIONER OF  TEMPO-
RARY AND DISABILITY ASSISTANCE SHALL SUBMIT A REPORT ON THE REGISTRATION
PROGRAM  ESTABLISHED  BY THIS SUBDIVISION TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.    SUCH  REPORT

S. 6253                             3

SHALL  INCLUDE THE NUMBER OF REFUGEES WHO REGISTERED DURING THE PREVIOUS
CALENDAR YEAR AND THEIR COUNTRIES OF ORIGIN.
  S  5.  The  not-for-profit  corporation law is amended by adding a new
section 1413 to read as follows:
S 1413. REFUGEE RESETTLEMENT AGENCIES.
  (A) DEFINITION. "REFUGEE RESETTLEMENT AGENCY" MEANS A VOLUNTARY  AGEN-
CY, AS DEFINED PURSUANT TO SECTION 1411 OF THE UNITED STATES IMMIGRATION
AND  NATIONALITY  ACT  (8  U.S.C. S 1521), ORGANIZATION, OR AFFILIATE OF
SUCH AGENCY OR ORGANIZATION THAT RECEIVES FEDERAL  FUNDING  FOR  REFUGEE
RECEPTION  AND  PLACEMENT  RESETTLEMENT SERVICES OR OTHER FEDERAL GRANTS
INTENDED FOR THE SUPPORT OF REFUGEE RESETTLEMENT ACTIVITIES.
  (B) REPORTING REQUIREMENT.  EACH  REFUGEE  RESETTLEMENT  AGENCY  SHALL
REPORT,  ON  A  QUARTERLY  BASIS, TO THE BUREAU OF REFUGEE AND IMMIGRANT
ASSISTANCE OF THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE:
  (1) THE TOTAL NUMBER OF REFUGEES RESETTLED BY THE AGENCY AND THE TOTAL
OF SUCH REFUGEES IN EACH OF THE FOLLOWING AGE GROUPS:
  (A) UNDER EIGHTEEN YEARS OF AGE,
  (B) BETWEEN EIGHTEEN AND SIXTY-FOUR YEARS OF AGE, AND
  (C) SIXTY-FIVE YEARS OF AGE OR OLDER;
  (2) THE PUBLIC ASSISTANCE BENEFITS THE REFUGEES HAVE  APPLIED  FOR  OR
HAVE BEEN GRANTED; AND
  (3) THE COUNTRIES OF ORIGIN OF THE REFUGEES.
  (C)  MONITORING  REQUIREMENT.  EACH  REFUGEE RESETTLEMENT AGENCY SHALL
MONITOR REFUGEES WHO HAVE REGISTERED WITH THE OFFICE  OF  TEMPORARY  AND
DISABILITY  ASSISTANCE PURSUANT TO SUBDIVISION NINE OF SECTION TWENTY OF
THE SOCIAL SERVICES LAW FOR A PERIOD OF ONE YEAR OR UNTIL SUCH TIME AS A
REFUGEE IS GRANTED PERMANENT RESIDENT STATUS BY THE UNITED STATES  CITI-
ZENSHIP AND IMMIGRATION SERVICES, WHICHEVER SHALL OCCUR FIRST.
  S 6. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2015-S6253A (ACTIVE) - Details

See Assembly Version of this Bill:: A9630
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§709 & 94-b, Exec L; amd §20, Soc Serv L; add §1413, N-PC L
Versions Introduced in 2017-2018 Legislative Session:: S2304

2015-S6253A (ACTIVE) - Summary

2015-S6253A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6253A

 TITLE OF BILL :

An act to amend the executive law, in relation to directing the
division of homeland security and emergency services to develop a plan
to ensure that refugee resettlement agencies monitor certain refugees;
and directing the office for new Americans to conduct a background
check on refugees; to amend the social services law, in relation to
requiring aliens admitted to the United States as refugees to register
with the office of temporary and disability assistance; and to amend
the not-for-profit corporation law, in relation to requiring refugee
resettlement agencies to submit quarterly reports to the bureau of
refugee and immigrant assistance and requiring such agencies to
monitor refugees for a certain period of time

 PURPOSE :

This bill would ensure the proper registration, background check and
monitoring of refugees seeking asylum in New York State.

 SUMMARY OF PROVISIONS :

Section one amends section 709 of the executive law, relating to the
powers and duties of the Commissioner of the Division of Homeland
Security and Emergency Services, to require the commissioner to

develop and implement a plan to ensure that all refugee settlement
agencies comply with the requirements of section one thousand four
hundred thirteen of the not-for-profit corporation law.

Section two amends section 94-b of the executive law, relating to the
Office for New Americans, to require the Office to screen and perform
a background screening of every immigrant who registers pursuant to
subdivision nine of section twenty of the social services law, to
ensure that the immigrant does not present a security risk to the
state or the United States. The office shall provide the results of
each screening to the Department of Law, the Division of State Police,
and the Division of Homeland Security and Emergency Services.

Section three amends section twenty of the social services law,
relating to the powers and duties of the department of social
services, to require the Office of New Americans to collect and
maintain reports submitted by the refugee resettlement agencies
pursuant to section fourteen hundred thirteen of the not-for-profit
corporation law.

Section four amends section twenty of the social services law,
relating to the powers and duties of the department of social
services, to require the bureau of refugee and immigrant assistance of
the office of temporary and disability assistance (OTDA) to provide
each alien who resides in the state, and who is admitted to the United
States as a refugee or who was granted asylum pursuant, that he or she
is required, within thirty days of entering the state to (i) register
as a refugee with OTDA, (ii) be interviewed by and provide his or her
fingerprints to an officer or employee of such office designated by
the commissioner of OTDA. Additionally, the Commissioner is required
to maintain all refugee registration data and information in an
electronic database, and on a monthly basis forward a copy of the
registration record of each refugee who registered during the
preceding month, to the Office of Children and Family Services, the
Department of Health, the Office for New Americans, the Department of
Law, the Division of the State Police, and the Division of Homeland
Security and Emergency Services.  Further, the Commissioner is
required to submit an annual report on the registration program to the
governor, the temporary president of the senate, and the speaker of
the assembly. The report will include the number of refugees who
registered during the previous calendar year and their countries of
origin. The bill also clarifies that the term "alien" shall have the
same meaning as ascribed by § 101 of the United States Immigration and
Nationality Act (8 U.S.C. 1101), which is "any person not a citizen or
national of the United States."

Section five amends the not-for-profit corporation law by adding a new
section one thousand four hundred thirteen relating to refugee
resettlement agencies. A "refugee resettlement agency" means a
voluntary agency, as defined pursuant to section one thousand four
hundred eleven of the United States Immigration and Nationality Act,
organization or affiliate of such agency or organization that receives
federal funding for refugee reception and placement resettlement
services or other federal grants intended for the support of refugee
resettlement activities. Subdivision (b) establishes that each refugee
resettlement agency shall report, on a quarterly basis, to the Bureau
of Refugee and Immigrant Assistance of OTDA the total number of
refugees resettled by the agency and the total of such refugees in the
following age groups: (A) under eighteen years of age; (B) between
eighteen and sixty-four years of age, and (C) sixty-five years of age
or older, we well as the public assistance benefits the refugees have
applied for or been granted, and the countries of origin of the
refugees. Finally, each refugee resettlement agency shall monitor
refugees who have been registered with OTDA pursuant to subdivision
nine of section twenty of the social services law for a period of one
year or until such time as a refugee is granted permanent resident
status by the United States Citizenship and Immigration Services,
whichever shall occur first.

Section six establishes the effective date.

 JUSTIFICATION :

The horrific terrorist attack on Paris, France on November 13, 2015
raises grave concerns regarding our current immigration policies and
procedures. Evidence found in the wake of the attack revealed that one
of the bombers was a part of a group of Syrian refugees which entered
France back in October. Irrespective of evidence that terrorists
entered France under the guise of refugee status, President Obama
remains committed to accepting Syrian refugees into our borders, a
policy which threatens the safety of each and every resident of this
state. Immigration, while a cornerstone of our great nation, has
proven to be a flawed system which has resulted in vulnerability to
terrorist threats.

It is crucial that we take reasonable measures to protect our state's
residents while working within the confines of federal law, and
continuing to provide humanitarian relief. This piece of legislation
accomplishes this fine balance, by requiring refugees, admitted by the
federal government, to register, interview and provide fingerprints to
the state's Bureau of Refugee and Immigrant Assistance (BRIA) within
the Office of Temporary and Disability Assistance (OTDA). The Bureau
is required to perform background checks on all individuals seeking
refugee status within the state, monitor these individuals for any
indications of terrorism and deny the issuance of state funded public
assistance to individuals who fail to comply. The provisions of the
bill allow New York to create its own mechanism to properly vet and
monitor individuals seeking asylum within the state's borders while
continuing necessary humanitarian efforts.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None noted.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6253A (ACTIVE) - Bill Text download pdf

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

                                 6253--A

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced by Sens. MURPHY, CROCI, AMEDORE, GALLIVAN, GOLDEN, MARCHIONE,
  MARTINS, NOZZOLIO, ORTT, RANZENHOFER, SEWARD -- read twice and ordered
  printed,  and  when printed to be committed to the Committee on Veter-
  ans, Homeland Security and Military Affairs --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the executive law, in relation to directing the division
  of homeland security and emergency  services  to  develop  a  plan  to
  ensure  that  refugee  resettlement agencies monitor certain refugees;
  and directing the office for new Americans  to  conduct  a  background
  check  on  refugees;  to amend the social services law, in relation to
  requiring aliens admitted to the United States as refugees to register
  with the office of temporary and disability assistance; and  to  amend
  the  not-for-profit  corporation law, in relation to requiring refugee
  resettlement agencies to submit quarterly reports  to  the  bureau  of
  refugee  and immigrant assistance and requiring such agencies to moni-
  tor refugees for a certain period of time

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

  Section 1. Paragraph (u) of subdivision 2 of section 709 of the execu-
tive law is relettered paragraph (v) and a new paragraph (u) is added to
read as follows:
  (U)  DEVELOP AND IMPLEMENT A PLAN TO ENSURE THAT ALL REFUGEE RESETTLE-
MENT AGENCIES COMPLY WITH THE REQUIREMENTS OF SECTION ONE THOUSAND  FOUR
HUNDRED THIRTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
  S  2.  Paragraphs  (m) and (n) of subdivision 5 of section 94-b of the
executive law, as added by chapter 206 of the laws of 2014, are  amended
and a new paragraph (o) is added to read as follows:
  (m)  Encourage  and  assist  local  governments  in the development of
activities to enhance civic engagement among immigrants and in immigrant
communities; [and]
  (n) Beginning in two thousand fifteen, by June fifteenth of each year,
produce a report to the governor, the speaker of the assembly,  and  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13199-06-6

S. 6253--A                          2

temporary  president  of  the  senate  describing  the activities of the
office, including but not limited to, summarizing calls received through
the hotline and website, information on ESOL training services  provided
by the office, the number of immigrants assisted through the opportunity
centers,  or an estimation thereof, the status of any workforce develop-
ment programs, and any other relevant information[.]; AND
  (O) SCREEN AND PERFORM A BACKGROUND SCREENING OF EVERY  IMMIGRANT  WHO
REGISTERS  PURSUANT  TO SUBDIVISION NINE OF SECTION TWENTY OF THE SOCIAL
SERVICES LAW, TO ENSURE THAT THE IMMIGRANT DOES NOT PRESENT  A  SECURITY
RISK  TO  THE  STATE  OR THE UNITED STATES. THE OFFICE SHALL PROVIDE THE
RESULTS OF EACH SUCH SCREENING TO THE DEPARTMENT OF LAW, THE DIVISION OF
STATE POLICE, AND  THE  DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY
SERVICES.
  S  3.    Paragraph  (i)  of  subdivision 3 of section 20 of the social
services law, as added by chapter 304 of the laws of  1990,  is  amended
and a new paragraph (j) is added to read as follows:
  (i)  to  assure  conformance with federal law, by entering into agree-
ments with the federal social security administration and  public  agen-
cies  in  other  states  responsible  for  administering  the food stamp
program or programs under title I, II, IV-A, IV-D, X, XIV, XVI,  or  XIX
of  the social security act under which the department will provide such
agencies, when required by  federal  law  and  only  to  the  extent  so
required,  with  data  which  may be of use in establishing or verifying
eligibility for or benefit amounts in such programs or  ability  to  pay
support  for  a  person  receiving support collection services including
data obtained from the wage  reporting  system  operated  by  the  state
department  of  taxation  and  finance  pursuant  to section one hundred
seventy-one-a of the tax law[.]; AND
  (J) TO COLLECT AND MAINTAIN REPORTS SUBMITTED BY REFUGEE  RESETTLEMENT
AGENCIES   PURSUANT   TO   SECTION  FOURTEEN  HUNDRED  THIRTEEN  OF  THE
NOT-FOR-PROFIT CORPORATION LAW.
  S 4. Section 20 of the social services law is amended by adding a  new
subdivision 9 to read as follows:
  9. (A) THE BUREAU OF REFUGEE AND IMMIGRANT ASSISTANCE OF THE OFFICE OF
TEMPORARY  AND  DISABILITY  ASSISTANCE  SHALL  PROVIDE TO EACH ALIEN WHO
RESIDES IN THE STATE, AND WHO WAS ADMITTED TO THE UNITED STATES OF AMER-
ICA AS A REFUGEE PURSUANT TO SECTION TWO HUNDRED  SEVEN  OF  THE  UNITED
STATES  IMMIGRATION  AND  NATIONALITY  ACT  (8 U.S.C. S 1157) OR WHO WAS
GRANTED ASYLUM PURSUANT TO SECTION TWO HUNDRED  EIGHT  OF  SUCH  ACT  (8
U.S.C. S 1158), THAT HE OR SHE IS REQUIRED, WITHIN THIRTY DAYS OF ENTER-
ING THE STATE, TO:
  (I)  REGISTER AS A REFUGEE WITH THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE; AND
  (II) BE INTERVIEWED BY AND PROVIDE HIS OR HER FINGERPRINTS TO AN OFFI-
CER OR EMPLOYEE OF SUCH OFFICE DESIGNATED BY THE COMMISSIONER OF  TEMPO-
RARY AND DISABILITY ASSISTANCE.
  (B)  THE  COMMISSIONER  OF  TEMPORARY  AND DISABILITY ASSISTANCE SHALL
MAINTAIN ALL REFUGEE REGISTRATION DATA AND INFORMATION IN AN  ELECTRONIC
DATABASE.  NOT LESS THAN ON A MONTHLY BASIS, THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE SHALL FORWARD A COPY OF THE REGISTRATION RECORD OF
EACH REFUGEE WHO REGISTERED DURING THE PRECEDING MONTH, TO THE OFFICE OF
CHILDREN AND FAMILY SERVICES, THE DEPARTMENT OF HEALTH, THE  OFFICE  FOR
NEW  AMERICANS, THE DEPARTMENT OF LAW, THE DIVISION OF STATE POLICE, AND
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  (C) ANNUALLY, ON OR BEFORE FEBRUARY FIRST, THE COMMISSIONER OF  TEMPO-
RARY AND DISABILITY ASSISTANCE SHALL SUBMIT A REPORT ON THE REGISTRATION

S. 6253--A                          3

PROGRAM  ESTABLISHED  BY THIS SUBDIVISION TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.    SUCH  REPORT
SHALL  INCLUDE THE NUMBER OF REFUGEES WHO REGISTERED DURING THE PREVIOUS
CALENDAR YEAR AND THEIR COUNTRIES OF ORIGIN.
  (D)  FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "ALIEN" SHALL HAVE
THE SAME MEANING AS IS ASCRIBED TO SUCH TERM BY SECTION ONE HUNDRED  ONE
OF THE UNITED STATES IMMIGRATION AND NATIONALITY ACT (8 U.S.C. 1101).
  S  5.  The  not-for-profit  corporation law is amended by adding a new
section 1413 to read as follows:
S 1413. REFUGEE RESETTLEMENT AGENCIES.
  (A) DEFINITION. "REFUGEE RESETTLEMENT AGENCY" MEANS A VOLUNTARY  AGEN-
CY, AS DEFINED PURSUANT TO SECTION 1411 OF THE UNITED STATES IMMIGRATION
AND  NATIONALITY  ACT  (8  U.S.C. S 1521), ORGANIZATION, OR AFFILIATE OF
SUCH AGENCY OR ORGANIZATION THAT RECEIVES FEDERAL  FUNDING  FOR  REFUGEE
RECEPTION  AND  PLACEMENT  RESETTLEMENT SERVICES OR OTHER FEDERAL GRANTS
INTENDED FOR THE SUPPORT OF REFUGEE RESETTLEMENT ACTIVITIES.
  (B) REPORTING REQUIREMENT.  EACH  REFUGEE  RESETTLEMENT  AGENCY  SHALL
REPORT,  ON  A  QUARTERLY  BASIS, TO THE BUREAU OF REFUGEE AND IMMIGRANT
ASSISTANCE OF THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE:
  (1) THE TOTAL NUMBER OF REFUGEES RESETTLED BY THE AGENCY AND THE TOTAL
OF SUCH REFUGEES IN EACH OF THE FOLLOWING AGE GROUPS:
  (A) UNDER EIGHTEEN YEARS OF AGE,
  (B) BETWEEN EIGHTEEN AND SIXTY-FOUR YEARS OF AGE, AND
  (C) SIXTY-FIVE YEARS OF AGE OR OLDER;
  (2) THE PUBLIC ASSISTANCE BENEFITS THE REFUGEES HAVE  APPLIED  FOR  OR
HAVE BEEN GRANTED; AND
  (3) THE COUNTRIES OF ORIGIN OF THE REFUGEES.
  (C)  MONITORING  REQUIREMENT.  EACH  REFUGEE RESETTLEMENT AGENCY SHALL
MONITOR REFUGEES WHO HAVE REGISTERED WITH THE OFFICE  OF  TEMPORARY  AND
DISABILITY  ASSISTANCE PURSUANT TO SUBDIVISION NINE OF SECTION TWENTY OF
THE SOCIAL SERVICES LAW FOR A PERIOD OF ONE YEAR OR UNTIL SUCH TIME AS A
REFUGEE IS GRANTED PERMANENT RESIDENT STATUS BY THE UNITED STATES  CITI-
ZENSHIP AND IMMIGRATION SERVICES, WHICHEVER SHALL OCCUR FIRST.
  S 6. This act shall take effect immediately.

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Senate Bill S6253A

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Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

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2015-S6253 - Details

2015-S6253 - Summary

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2015-S6253 - Bill Text download pdf

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2015-S6253A (ACTIVE) - Details

2015-S6253A (ACTIVE) - Summary

2015-S6253A (ACTIVE) - Sponsor Memo

2015-S6253A (ACTIVE) - Bill Text download pdf

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