Give State Rights to Immigrants

Section 1. Short title. This act shall be known and may be cited as the "New York is home act".

§ 2. Legislative findings. The legislature hereby finds that New York is home to over 19.5 million individuals, including workers, consumers, students, neighbors and taxpayers. The wellbeing of this state is inextricably linked to the wellbeing of all these New Yorkers. These New Yorkers share a common destiny and common dreams: a thriving New York state replete with healthy families, healthy communities and striving businesses. New York is home to these individuals, regardless of their federal immigration status.

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

[ ] is old law to be omitted.

LBD06626-01-9

S. 1021 2

This act addresses the compelling need to lift up all state residents, upon whom this state's society, vibrancy, health and economic growth depend. Our state recognizes the value of those who contribute to and make our state home.

It also makes economic sense to enable all New Yorkers, who are present in and a part of the fabric of our state, to contribute fully to our state revenue, to participate in our state conversations, and to access benefits that are the foundation of a healthy, thriving New York state. Although the futures of many New Yorkers are undeniably circumscribed by current federal immigration law, many of those New Yorkers also enjoy an inchoate federal permission to be here, and this state enables them to make our state their home, as well. Many of these New Yorkers pay taxes, with approximately $744 million paid in state and local taxes each year. However, current state law prevents them from accessing equal higher education opportunities, health care benefits, drivers licenses and professional licenses. Denying New Yorkers these benefits means denying the state its full potential to succeed.

The state of New York respects the exclusive province of the federal government to regulate immigration and the flow of immigrants into and out of our country. However, this state retains and asserts its historic authority to define its citizenry, and to affirmatively provide state and local public benefits to citizens of the state of New York. The state seeks to provide such benefits to all of its citizens, irrespective of that individual's eligibility for the same under federal law or pursuant to federal funding. There is nothing in this act that should be deemed to conflict with federal law.

§ 3. The executive law is amended by adding a new article 14-A to read as follows:

ARTICLE 14-A

NEW YORK STATE CITIZENSHIP Section 275. Definitions.

275-a. State citizenship; administration.

275-b. Eligibility criteria.

275-c. Acceptability; benefits.

275-d. State agency review.

275-e. Severability.

275-f. Local laws.

§ 275. Definitions. As used in this article:

1. "New York state citizen" or "citizen" shall mean any individual who satisfies the requirements of subdivision one of section two hundred seventy-five-c of this article.

2. "New York state identification card" shall mean the physical identification card that a citizen is eligible to receive, and which includes that citizen's New York state identification number and such card's date of issuance.

3. "New York state identification number" shall mean the unique identification number that a citizen is assigned by the office and which appears on such citizen's New York state identification card.

4. "Office" shall mean the office for new Americans established by section ninety-four-b of this chapter.

§ 275-a. State citizenship; administration. 1. The provisions of this article shall be administered by the office. The office shall:

(a) recognize the New York state citizenship of any individual described in subdivision one of section two hundred seventy-five-b of this article, and grant and renew New York state citizenship to any

S. 1021 3

individual who meets the criteria set forth in subdivision two of section two hundred seventy-five-b of this article;

(b) grant a New York state identification card and New York state identification number to any citizen;

(c) grant a renewed New York state identification card and New York state identification number to any citizen described in subdivision one of section two hundred seventy-five-b of this article, and to any citizen described in subdivision two of section two hundred seventy-five-b of this article, who demonstrates that they continue to satisfy the criteria set forth therein;

(d) promulgate rules and regulations to effect the purposes of this article; and

(e) establish, publicize and administer procedures to grant New York state citizenship, New York state identification cards and New York state identification numbers.

2. New York state citizenship shall be a continuing status that shall end when an individual is no longer a resident of the state. The New York state identification card and New York state identification number shall be valid for a period of five years after the date of issuance.

§ 275-b. Eligibility criteria. Any individual, regardless of his or her immigration status, who meets either of the following requirements shall be deemed to be a citizen:

1. is a resident of the state who is a citizen of the United States; or

2. is adjudged by the office to satisfy all of the following criteria:

(a) has proof of identity;

(b) has been a resident of the state for not less than three years;

(c) has paid state resident personal income taxes, pursuant to article twenty-two of the tax law, for a period of not less than three taxable years; provided however, that such requirement shall not apply to individuals who are students, primary caregivers, unable to work due to disability, unemployed or otherwise not required pursuant to such article of the tax law to report his or her income;

(d) has pledged to abide by the laws of the state and to uphold the provisions of the state constitution; and

(e) has attested to his or her willingness to serve on jury duty, pursuant to article sixteen of the judiciary law, and to continue to pay any taxes required to be paid by him or her pursuant to any provision of state or local law.

3. (a) The state shall not retain originals or copies of records provided by an applicant to prove identity or residency or other eligibility requirements of state citizenship.

(b) To the maximum extent allowed by applicable federal and state law, information collected about applicants for state citizenship shall be treated as confidential and shall not be disclosed to government entities or private parties unless such disclosure is:

(i) authorized in writing by the individual to whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by such individual's parent or legal guardian; or

(ii) so ordered by a court of competent jurisdiction.

§ 275-c. Acceptability; benefits. 1. Except as otherwise provided by federal law, a New York state identification card shall be accepted and be deemed to be valid government identification where a state drivers' license would be accepted, and the New York state identification number shall be accepted for use in substitution for a social security number.

S. 1021 4

2. Any person in possession of a valid New York state identification card shall not be disqualified from eligibility for any of the following state benefits by virtue of his or her lack of documentation of federal immigration status:

(a) any license, permit, certificate or grant of permission, as defined in paragraph c of subdivision one of section 3-503 of the general obligations law and required by the laws of this state, its political subdivisions or instrumentalities as a condition for the lawful practice of any occupation, employment, trade, vocation, business or profession, and issued by the state or any political subdivision thereof;

(b) the ability to register for and vote at state and local elections, as provided in section 5-100 of the election law;

(c) public health benefits;

(d) a drivers' license, pursuant to section five hundred two of the vehicle and traffic law; and

(e) benefits governed by articles thirteen and fourteen of the education law, such as general awards, academic performance awards and student loans for higher education; assistance under the higher education opportunity programs and the collegiate science and technology entry program; financial aid opportunities for students of the state university of New York, the city university of New York and community colleges; and the New York state college choice tuition savings program.

3. Nothing in this section shall be deemed to deprive any individual of any benefit received by him or her pursuant to law prior to the effective date of this article.

§ 275-d. State agency review. All state agencies shall review their rules and regulations to make sure they are consistent with this article, and make such necessary changes within one hundred eighty days of the effective date of this article.

§ 275-e. Severability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 275-f. Local laws. This article shall not prevent the establishment, continuing in effect or enforcement of any law or regulation of any political subdivision of the state that protects the rights or fosters the integration of New York state citizens in a manner not inconsistent with the provisions of this article.

§ 4. Subdivision 1 of section 5-102 of the election law is amended to read as follows:

1. No person shall be qualified to register for and vote at any election unless he or she is a citizen of the United States or he or she possesses a New York state identification card, and is or will be, on the day of such election, eighteen years of age or over, and a resident of this state and of the county, city or village for a minimum of thirty days next preceding such election.

§ 5. Subdivision 1 of section 3 of the public officers law, as amended by chapter 251 of the laws of 2014, is amended to read as follows:

1. No person shall be capable of holding a civil office who shall not, at the time he or she shall be chosen thereto, have attained the age of eighteen years, except that in the case of youth boards, youth commissions, recreation commissions, or community boards in the city of New York only, members of such boards or commissions may be under the age of

S. 1021 5

eighteen years, but must have attained the age of sixteen years on or before appointment to such youth board, youth commission, recreation commission, or community board in the city of New York, be a citizen of the United States or a New York state citizen, a resident of the state, and if it be a local office, a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen, or within which the electors electing him or her reside, or within which his or her official functions are required to be exercised, or who shall have been or shall be convicted of a violation of the selective draft act of the United States, enacted May eighteenth, nineteen hundred seventeen, or the acts amendatory or supplemental thereto, or of the federal selective training and service act of nineteen hundred forty or the acts amendatory thereof or supplemental thereto.

§ 6. Subparagraphs vi and vii of paragraph (b) of subdivision 2 of section 89 of the public officers law, as amended by section 11 of part U of chapter 61 of the laws of 2011, are amended and two new subparagraphs viii and ix are added to read as follows:

vi. information of a personal nature contained in a workers' compensation record, except as provided by section one hundred ten-a of the workers' compensation law; [or]

vii. disclosure of electronic contact information, such as an e-mail address or a social network username, that has been collected from a taxpayer under section one hundred four of the real property tax law[.];

viii. disclosure of information used to obtain New York state citizenship on a New York state identification card including but not limited to names, addresses and identifying information of recipients or applicants of such citizenship or cards, and any information that could reasonably be expected to lead to such disclosure; or

ix. disclosure of information when disclosure would result in identification of people who are New York state citizens.

§ 7. Subdivision 2 of section 5 of the tax law, as amended by chapter 170 of the laws of 1994, is amended to read as follows: