NY State Senate Bill 2017-S2304

Senate Bill S2304

2017-2018 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 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to veterans, homeland security and military affairs
Jan 12, 2017	referred to veterans, homeland security and military affairs

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2017-S2304 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
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 2015-2016 Legislative Session:: S6253

2017-S2304 (ACTIVE) - 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

2017-S2304 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2304

 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 subdivision 3 of section 20 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 20 of the social services law by creating
a new subdivision 9, 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 1413 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 :

2016: S.6253-A, reported from Veterans, Homeland Security and Military
Affairs and committed to Finance

 FISCAL IMPLICATIONS :

None noted.
 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S2304 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2304
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced by Sens. MURPHY, CROCI, AMEDORE, GALLIVAN, GOLDEN, MARCHIONE,
   ORTT,  RANZENHOFER, SEWARD -- 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 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.
   §  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.

                                                            LBD00124-01-7

 S. 2304                             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.
   §  3.    Subdivision  3  of  section  20 of the social services law is
 amended by adding a new paragraph (k) to read as follows:
   (K) TO COLLECT AND MAINTAIN REPORTS SUBMITTED BY REFUGEE  RESETTLEMENT
 AGENCIES  PURSUANT  TO SECTION FOURTEEN HUNDRED THIRTEEN OF THE NOT-FOR-
 PROFIT CORPORATION LAW.
   § 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. § 1157) OR WHO WAS
 GRANTED ASYLUM PURSUANT TO SECTION TWO HUNDRED  EIGHT  OF  SUCH  ACT  (8
 U.S.C. § 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
 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).
   § 5. The not-for-profit corporation law is amended  by  adding  a  new
 section 1413 to read as follows:
 § 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. § 1521),  ORGANIZATION,  OR  AFFILIATE  OF

 S. 2304                             3
 
 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.
   § 6. This act shall take effect immediately.

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