senate Bill S4179C

Amended

Establishes the New York dream act, providing certain benefits to undocumented immigrants that satisfy certain criteria

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 22 / Mar / 2011
    • REFERRED TO FINANCE
  • 30 / Nov / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 30 / Nov / 2011
    • PRINT NUMBER 4179A
  • 06 / Dec / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 06 / Dec / 2011
    • PRINT NUMBER 4179B
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 24 / Feb / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 23 / Mar / 2012
    • AMEND AND RECOMMIT TO RULES
  • 23 / Mar / 2012
    • PRINT NUMBER 4179C
  • 21 / May / 2012
    • AMEND (T) AND RECOMMIT TO RULES
  • 21 / May / 2012
    • PRINT NUMBER 4179D

Summary

Establishes the New York state dream act, providing certain people with access to state-, city-, town-, and/or village-funded financial aid programs.

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Bill Details

See Assembly Version of this Bill:
A6829C
Versions:
S4179
S4179A
S4179B
S4179C
S4179D
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §101, Exec L
Versions Introduced in 2011-2012 Legislative Cycle:
A6829C, S4179D, A6829C, S4179D

Sponsor Memo

BILL NUMBER:S4179C

TITLE OF BILL:
An act to amend the executive law, in relation to establishing the New
York dream act providing certain benefits to undocumented immigrants
that satisfy certain criteria

PURPOSE:
To provide access to state, city, town and/or village-funded financial
aid programs, including, but not limited to grants, loans and scholar-
ships.

SUMMARY OF PROVISIONS:
The Executive law is amended by adding a new section 101. This legis-
lation will allow undocumented young adults who entered into the country
before the age of 18, are under the age of 35, have demonstrated a
commitment to education and good moral character, attended (for at least
2 years) and graduated from a registered New York State high school, or
attended an approved New York state program for a state high school
equivalency diploma and received such diploma, to have access to finan-
cial aid opportunities within the state.

JUSTIFICATION:
As a state with one of the largest immigrant populations, NY should be
at the forefront of progressive immigration policies, pushing back on
the tide of national and local anti-immigrant policies. The NY Dream Act
will respect the dignity and contributions of undocumented youth in the
state by giving them access to state financial aid programs.

This bill is about access to education, but it is also about providing a
pathway to economic prosperity for both the individual receiving the
education and for the state. Increasing the education level of workers
also increases their productivity, and the more highly educated the
state's labor force, the more attractive the state is as a place to
locate businesses.

There are currently an estimated 475,000 undocumented immigrants in the
New York State labor force. Having large numbers of undocumented workers
should not be considered a permanent situation: federal reform is
urgently needed to fix immigration policy. But gridlock at the federal
level should not prevent New York State from investing in its own econo-
my.

The National Skills Coalition reports that New York is facing a shortage
of workers who have the required skill level for most job openings. New
York would benefit greatly from undocumented students receiving access
to a college education. In fact, NSC also estimates that 39% of all
future job openings will require at least an associate's degree.

Furthermore, it is universally accepted that those who pay taxes should
benefit from those taxes, whether those benefits be public safety or
access to higher education.

According to the Institute for Taxation and Economic Policy, undocu-
mented immigrants paid over $662 million in taxes to New York State in
2010, making it the state with the fourth highest revenue in taxes from
undocumented immigrants.

They paid approximately; $104.4 million in personal income taxes, $95
million in property taxes, and over $463 million in sales taxes. It is
unjust, unfair and un-American to collect well over a half a billion
dollars in tax revenue from undocumented immigrants only to deny them
financial support that is granted to other New Yorkers.

Despite an unprecedented year of action and escalation taken by undocu-
mented youth, the United States Congress failed to pass the DREAM Act in
2010. This has left undocumented youth in NY without any form or relief.
It is now up to the State of NY to provide dignity and recognition for
these promising and deserving young people.

LEGISLATIVE HISTORY:
03/22/11 REFERRED TO FINANCE
11/30/11 AMEND AND RECOMMIT TO FINANCE
11/30/11 PRINT NUMBER 4179A
12/06/11 AMEND AND RECOMMIT TO FINANCE
12/06/11 PRINT NUMBER 4179B
01/04/12 REFERRED TO FINANCE
02/24/12 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
03/12/12 COMMITTEE DISCHARGED AND COMMITTED TO RULES

FISCAL IMPLICATIONS:
As per the analysis of the Fiscal Policy Institute as well as the
State Education Department, it is estimated that this legislation
will only cost an additional 1% or 2% of current TAP funding.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after is
shall have become a law;
provided, however, that effective immediately, the addition, amendment
and/or repeal if any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.

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

                                 4179--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 22, 2011
                               ___________

Introduced by Sens. PERKINS, ADAMS, AVELLA, BRESLIN, DIAZ, DILAN, DUANE,
  ESPAILLAT,  GIANARIS, HASSELL-THOMPSON, HUNTLEY, KLEIN, KRUEGER, MONT-
  GOMERY, OPPENHEIMER, PARKER, PERALTA, RIVERA, SAMPSON, SERRANO, SMITH,
  SQUADRON, STAVISKY, STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be  committed  to  the  Committee  on  Finance  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Finance in accordance with Senate Rule
  6, sec. 8 -- committee discharged  and  said  bill  committed  to  the
  Committee  on  Rules  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the executive law, in relation to establishing  the  New
  York  dream  act providing certain benefits to undocumented immigrants
  that satisfy certain criteria

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York dream act".
  S 2. The executive law is amended by adding a new section 101 to  read
as follows:
  S  101.  NEW YORK DREAM ACT. 1. THERE IS HEREBY ESTABLISHED WITHIN THE
DEPARTMENT, A DREAM ACT, WHEREBY UNDOCUMENTED IMMIGRANTS WHO SATISFY THE
REQUIREMENTS SET FORTH IN SUBDIVISION THREE OF THIS SECTION SHALL QUALI-
FY FOR THE BENEFITS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM:
  A. "ELIGIBLE PERSON" SHALL MEAN ANY INDIVIDUAL THAT MEETS THE CRITERIA
SET FORTH IN SUBDIVISION THREE OF THIS SECTION.
  B. "UNDOCUMENTED" SHALL MEAN A NON-NATURALIZED IMMIGRANT.
  3. TO BE ELIGIBLE FOR BENEFITS UNDER SUBDIVISION FOUR OF THIS SECTION,
AN INDIVIDUAL SHALL:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10420-11-2

S. 4179--C                          2

  A. HAVE GRADUATED FROM HIGH SCHOOL WITH A HIGH SCHOOL DIPLOMA  OR  ITS
EQUIVALENT, INCLUDING, BUT NOT LIMITED TO A GED;
  B. HAVE ENTERED THE UNITED STATES BEFORE THE AGE OF EIGHTEEN;
  C. BE UNDER THE AGE OF THIRTY-FIVE;
  D.  NOT HAVE BEEN CONVICTED IN THIS STATE OR ANY OTHER STATE OR TERRI-
TORY OF A VIOLENT FELONY; AND
  E. (I) HAVE ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL  FOR  TWO
OR  MORE  YEARS,  GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCATION  FOR
THE  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS
OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (II) HAVE ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (III)  OTHERWISE  BE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THE EDUCATION LAW.
  4. ANY ELIGIBLE PERSON SHALL  HAVE  ACCESS  TO  STATE-,  CITY-,  TOWN-
AND/OR VILLAGE-FUNDED FINANCIAL AID PROGRAMS, INCLUDING, BUT NOT LIMITED
TO GRANTS, LOANS AND SCHOLARSHIPS.
  5.  THE SECRETARY SHALL PROMULGATE RULES AND REGULATIONS TO EFFECT THE
PURPOSES OF THIS SECTION AND TO  FURTHER  DEFINE  THE  REQUIREMENTS  AND
BENEFITS OF THIS SECTION.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed  to
be made and completed on or before such effective date.

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