senate Bill S4179D

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2012 print number 4179d
amend (t) and recommit to rules
Mar 23, 2012 print number 4179c
amend and recommit to rules
Mar 12, 2012 committee discharged and committed to rules
Feb 24, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to finance
Dec 06, 2011 print number 4179b
amend and recommit to finance
Nov 30, 2011 print number 4179a
amend and recommit to finance
Mar 22, 2011 referred to finance

Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

Co-Sponsors

view additional co-sponsors

S4179 - Bill Details

See Assembly Version of this Bill:
A6829D
Current Committee:
Law Section:
Education Law
Laws Affected:
Rpld §661 sub 3, sub 4 ¶b-1 sub¶ (i), sub 5 ¶¶a & b, amd §§661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A6829C, S4179D

S4179 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4179

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 financial aid programs, New York State iden-
tification or drivers licenses, employment opportunities and health
insurance to qualified undocumented immigrants.

SUMMARY OF PROVISIONS:
The Executive law is amended by adding a new section 101.

JUSTIFICATION:
This legislation will allow undocumented young adults who entered into
the country before the age of 16 and have demonstrated a commitment to
education public service and good moral character to have access to
financial aid, employment opportunities and health insurance coverage
within the state.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

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 neces-
sary 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.

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

                                  4179

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 22, 2011
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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. "CERTIFIED COMMUNITY SERVICE" SHALL MEAN A PERIOD  OF  SERVING  THE
COMMUNITY  THAT  SATISFIES THE REQUIREMENTS PROMULGATED IN THE RULES AND
REGULATIONS AUTHORIZED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
  B. "ELIGIBLE PERSON" SHALL MEAN ANY INDIVIDUAL THAT MEETS THE CRITERIA
SET FORTH IN SUBDIVISION TWO THIS SECTION.
  C. "UNDOCUMENTED" SHALL MEAN WITHOUT A VALID IMMIGRATION VISA.
  3. TO BE ELIGIBLE FOR BENEFITS UNDER SUBDIVISION FOUR OF THIS SECTION,
AN INDIVIDUAL SHALL:
  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  UNDOCUMENTED BEFORE THE AGE OF
SIXTEEN;
  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 FELONY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10420-01-1

S. 4179                             2

  E.  HAVE  RESIDED  IN NEW YORK STATE FOR AT LEAST TWO YEARS BEFORE THE
EFFECTIVE DATE OF THIS SECTION; AND
  F.  (I)  ENROLL OR BE ENROLLED IN A COLLEGE OR UNIVERSITY IN THE STATE
OF NEW YORK AND COMPLETE AT LEAST TWO YEARS TOWARDS A  FOUR-YEAR  DEGREE
WITHIN SIX YEARS; OR
  (II) SERVE AT LEAST TWO YEARS IN THE NEW YORK NATIONAL GUARD; OR
  (III) COMPLETE NINE HUNDRED TEN HOURS OF CERTIFIED COMMUNITY SERVICE.
  4. ANY ELIGIBLE PERSON SHALL HAVE ACCESS TO:
  A.  STATE-FUNDED FINANCIAL AID PROGRAMS, INCLUDING, BUT NOT LIMITED TO
GRANTS, LOANS AND SCHOLARSHIPS;
  B. NEW YORK STATE IDENTIFICATION OR DRIVERS' LICENSES;
  C. WORK OPPORTUNITIES WITH THE STATE OF NEW YORK; AND
  D. NEW YORK STATE HEALTH INSURANCE PROGRAMS.
  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; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  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.

Co-Sponsors

view additional co-sponsors

S4179A - Bill Details

See Assembly Version of this Bill:
A6829D
Current Committee:
Law Section:
Education Law
Laws Affected:
Rpld §661 sub 3, sub 4 ¶b-1 sub¶ (i), sub 5 ¶¶a & b, amd §§661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A6829C, S4179D

S4179A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4179A

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 scholarships.

SUMMARY OF PROVISIONS:
The Executive law is amended by adding a new section 101. This
legislation will allow undocumented young adults who entered into the
country before the age of 18, have lived in New York State for a
minimum of 2 years, are under the age of 35, and have demonstrated a
commitment to education and good moral character to have access to
financial aid opportunities within the state.

JUSTIFICATION:
Despite an unprecedented year of action and escalation taken by
undocumented 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.

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.

LEGISLATIVE HISTORY:
03/22/11 REFERRED TO FINANCE

FISCAL IMPLICATIONS:
None to the state.

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.

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

                                 4179--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 22, 2011
                               ___________

Introduced by Sens. PERKINS, ADAMS, BRESLIN, DIAZ, DILAN, DUANE, ESPAIL-
  LAT,  HASSELL-THOMPSON,  HUNTLEY,  KRUEGER,  MONTGOMERY,  OPPENHEIMER,
  PARKER, PERALTA, SERRANO, SQUADRON -- 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

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:
  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 SIXTEEN;
  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 FELONY; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10420-06-1

S. 4179--A                          2

  E.  HAVE  RESIDED  IN NEW YORK STATE FOR AT LEAST TWO YEARS BEFORE THE
EFFECTIVE DATE OF THIS SECTION.
  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; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  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.

Co-Sponsors

view additional co-sponsors

S4179B - Bill Details

See Assembly Version of this Bill:
A6829D
Current Committee:
Law Section:
Education Law
Laws Affected:
Rpld §661 sub 3, sub 4 ¶b-1 sub¶ (i), sub 5 ¶¶a & b, amd §§661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A6829C, S4179D

S4179B - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4179B REVISED 02/16/12

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
scholarships.

SUMMARY OF PROVISIONS:
The Executive law is amended by adding a new section 101. This
legislation will allow undocumented young adults who entered into the
country before the age of 18, have lived in New York State for a
minimum of 2 years, are under the age of 35, and have demonstrated a
commitment to education and good moral character to have access to
financial aid opportunities within the state.

JUSTIFICATION:
Despite an unprecedented year of action and escalation taken by
undocumented 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.

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.

LEGISLATIVE HISTORY:
03/22/11 REFERRED TO FINANCE

FISCAL IMPLICATIONS:
It is estimated that this legislation will only cost an additional
$900,000 to $1 million.

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4179--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 22, 2011
                               ___________

Introduced by Sens. PERKINS, ADAMS, BRESLIN, DIAZ, DILAN, DUANE, ESPAIL-
  LAT,  HASSELL-THOMPSON,  HUNTLEY,  KRUEGER,  MONTGOMERY,  OPPENHEIMER,
  PARKER, PERALTA, SERRANO, SQUADRON -- 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

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:
  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10420-09-1

S. 4179--B                          2

  D.  NOT HAVE BEEN CONVICTED IN THIS STATE OR ANY OTHER STATE OR TERRI-
TORY OF A VIOLENT FELONY; AND
  E.  HAVE  RESIDED  IN NEW YORK STATE FOR AT LEAST TWO YEARS BEFORE THE
EFFECTIVE DATE OF THIS SECTION.
  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; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of 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.

Co-Sponsors

view additional co-sponsors

S4179C - Bill Details

See Assembly Version of this Bill:
A6829D
Current Committee:
Law Section:
Education Law
Laws Affected:
Rpld §661 sub 3, sub 4 ¶b-1 sub¶ (i), sub 5 ¶¶a & b, amd §§661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A6829C, S4179D

S4179C - Bill Texts

view summary

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

view 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 full text
download pdf
                    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.

Co-Sponsors

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S4179D (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6829D
Current Committee:
Law Section:
Education Law
Laws Affected:
Rpld §661 sub 3, sub 4 ¶b-1 sub¶ (i), sub 5 ¶¶a & b, amd §§661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A6829C, S4179D

S4179D (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4179D

TITLE OF BILL:
An act to amend the education law, in relation to the New York State
dream act; and to repeal certain provisions of such law relating thereto

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:
Section 1 entitles the bill the "New York State Dream Act".

Section 2 of the bill amends Education Law §661(3) to eliminate the
requirement that an applicant for an award be a U.S. citizen, LPR, or a
refugee.

Section 2 creates and defines the term "Qualified Students" which estab-
lishes the eligibility requirements for applicants for loans and awards
at the undergraduate and graduate level of study. The term Qualified
Students includes people who are already eligible for awards under the
current law, which are people with lawful status. Qualified Students
also expands the eligibility requirements to people without lawful immi-
gration status as long as they fulfill the other requirements outlined
by the statute. The section uses the term "lawfully present in the
United States" because it is used in 8 U.S.C. § 1623 and has an existing
definition in Federal law.

Section 2 also includes a "transition provision" which permits a subset
of individuals who would not otherwise be eligible for awards and loans
based on their date of graduation from high school or the date that they
obtained a New York state G.E.D., to take advantage of state awards and
loans. The purpose of the "transition provision" is to permit undocu-
mented students, who were relying on the Federal Dream Act for educa-
tional opportunities, to benefit from the New York Dream Act.

Section 3 of the bill repeals Education Law §661(4)(b-1)(i), which
establishes a citizenship requirement for the tuition assistance
program.

Section 4 of the bill repeals Education Law §661(5)(a), which estab-
lishes residency requirements for awards and loans for undergraduates
under the current law. We repealed this section because we already
established all eligibility requirements for awards and loans for under-
graduates under Education Law §661(3) by amending Education Law §661(3)
in Section 2 of the Dream Act.

Section 5 of the bill repeals Education Law §661(5)(b), which estab-
lishes residency requirements for awards and loans for graduates under
the current law. We repealed this section because we already established

all eligibility requirements for awards and loans for graduates under
Education Law §661(3) by amending Education Law §661(3) in Section 2 of
the Dream Act.

Section 6 of the bill amends Education law §661(5)(d) to clarify that if
an applicant for tuition assistance does not have a New York State resi-
dence, the applicant shall be deemed to reside in the geographic area of
the institution of higher education in which he or she attends for
purposes of an award allocated on a geographic basis.

Section 7 of the bill amends Education Law §661(5)(e) to state that any
member, or the spouse or dependent of a member, of the armed forces of
the United States on full-time active duty and stationed in this state
is eligible for awards and loans, regardless of whether or not they are
a "Qualified Student."

Section 8 of the bill would add a new Education Law §355(2)(h)(10) to
provide that qualified students at SUNY may have the payment of tuition
and other fees and charges reduced by loans and awards.

Section 9 of the bill adds a new Education Law §6206(7)(d) to provide
that Qualified Students at CUNY may have the payment of tuition and
other fees and charges reduced by loans and awards.

Section 10 of the bill adds a new Education Law §6305(8-a) to provide
that qualified students at community colleges may have the payment of
tuition and other fees and charges reduced by loans and awards.

Sections 11 and 12 of the bill amend Education Law § 6451(3)(d) and
6452(4)(a)(v) to allow undocumented students who participate in the
higher education programs to receive supplemental financial assistance
provided that the student meets the requirements in Education Law
661(3)(a)(ii) or (b)(ii).

Section 13 of the bill amends Education Law §6455(2)(a) to allow an an
undergraduate applicant for the college science and technology entry
program who is not a resident of the state to be eligible for an award
at the undergraduate level of study provided that he or she is a "Quali-
fied Student" as amended by Section 2 of this bill.

Section 14 of the bill amends Education Law §6455(3)(a) to provide that
Qualified Students at the graduate level of study may have the payment
of tuition and other fees and charges reduced by loans and awards.

Sections 15 and 16 of the bill amends Education Law § 695-e(2)(a)(i) and
(a)(iii) to allow individuals with a taxpayer identification number
(ITIN) to open a family tuition account and/or be a designated benefici-
ary under the New York State College Tuition Savings Program, unless the
account was in effect prior to the effective date of this chapter does
not allow for an ITIN, in which case an ITIN shall be allowed upon expi-
ration of the contract.

Section 17 is the effective date.

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 unAmerican 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 July 1, 2013.

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

                                 4179--D

                       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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the education law, in relation to the New York State
  dream act; and to repeal certain provisions of such law relating ther-
  eto

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

  Section  1.  This act shall be known and may be cited as the "New York
State Dream Act".
  S 2. Subdivision 3 of section 661 of the education law is REPEALED and
a new subdivision 3 is added to read as follows:
  3. QUALIFICATIONS. A. QUALIFIED STUDENT FOR AN AWARD AT THE UNDERGRAD-
UATE LEVEL OF STUDY. A QUALIFIED STUDENT FOR AN AWARD AT THE UNDERGRADU-
ATE LEVEL OF STUDY SHALL MEAN:
  (I) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT IN
THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO HAS BEEN A RESIDENT OF
THE STATE FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE  BEGINNING  OF
THE  SEMESTER,  QUARTER  OR TERM OF ATTENDANCE FOR WHICH APPLICATION FOR
ASSISTANCE IS MADE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10420-15-2

S. 4179--D                          2

  (II) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT  LAWFULLY  PRESENT
IN  THE  UNITED  STATES AS USED IN 8 U.S.C. S 1623, WHO IS A RESIDENT OF
THE STATE AND WAS A RESIDENT OF THE STATE DURING HIS  OR  HER  LAST  TWO
SEMESTERS  OF HIGH SCHOOL EITHER PRIOR TO GRADUATION, OR PRIOR TO ADMIS-
SION TO COLLEGE; OR
  (III) AN INDIVIDUAL WHO:
  (1)  ATTENDED  AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS,
GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND-
ANCE AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITH-
IN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALEN-
CY DIPLOMA EXAM PREPARATION,  RECEIVED  A  GENERAL  EQUIVALENCY  DIPLOMA
ISSUED  WITHIN NEW YORK STATE, AND APPLIED FOR ATTENDANCE AT AN INSTITU-
TION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITHIN  FIVE  YEARS  OF
RECEIVING A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE; OR
  (3)  IS  OTHERWISE  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 THIS CHAPTER.
  IN ADDITION TO CLAUSES ONE, TWO, AND THREE OF  THIS  SUBPARAGRAPH,  IF
THE INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES
AS  USED  IN 8 U.S.C. S 1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE
UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE  OF  THIR-
TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
  B.  QUALIFIED  STUDENT  FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY. A
QUALIFIED STUDENT FOR AN AWARD AT THE  GRADUATE  LEVEL  OF  STUDY  SHALL
MEAN:
  (I) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT IN
THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO HAS BEEN A RESIDENT OF
THE  STATE  FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE BEGINNING OF
THE SEMESTER, QUARTER OR TERM OF ATTENDANCE FOR  WHICH  APPLICATION  FOR
ASSISTANCE IS MADE; OR
  (II)  AN  INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT
IN THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO IS  A  RESIDENT  OF
THE  STATE  AND  WAS  A RESIDENT OF THE STATE DURING HIS OR HER LAST TWO
SEMESTERS OF HIGH SCHOOL EITHER PRIOR TO GRADUATION, OR PRIOR TO  ADMIS-
SION TO COLLEGE; OR
  (III) AN INDIVIDUAL WHO:
  (1)  ATTENDED  AN  APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM AN  APPROVED  NEW  YORK  STATE  HIGH  SCHOOL,  AND
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF  RECEIV-
ING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2)  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 GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (3)  IS  OTHERWISE  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 THIS CHAPTER.

S. 4179--D                          3

  IN ADDITION TO CLAUSES ONE, TWO, AND THREE OF  THIS  SUBPARAGRAPH,  IF
THE INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES
AS  USED  IN 8 U.S.C. S 1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE
UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE  OF  THIR-
TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
  C.  NOTWITHSTANDING SUBPARAGRAPH (III) OF PARAGRAPH A OF THIS SUBDIVI-
SION, AN INDIVIDUAL SHALL BE DEEMED A QUALIFIED STUDENT FOR AN AWARD  AT
THE  UNDERGRADUATE LEVEL OF STUDY FOR A PERIOD OF FIVE YEARS IMMEDIATELY
FOLLOWING THE IMPLEMENTATION OF THE NEW YORK STATE  DREAM  ACT  PROVIDED
THAT THE INDIVIDUAL:
  (I)  ATTENDED  AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS,
GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND-
ANCE OR IS ENROLLED AT AN INSTITUTION OR EDUCATIONAL UNIT OF  THE  STATE
UNIVERSITY; OR
  (II)  ATTENDED  AN  APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIV-
ALENCY DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY  DIPLOMA
ISSUED  WITHIN NEW YORK STATE, AND APPLIED FOR ATTENDANCE OR IS ENROLLED
AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY.
  IN ADDITION TO SUBPARAGRAPHS (I) AND (II) OF THIS  PARAGRAPH,  IF  THE
INDIVIDUAL  IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES AS
USED IN 8 U.S.C. S 1623, THAN SUCH  INDIVIDUAL  MUST  HAVE  ENTERED  THE
UNITED  STATES  BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE OF THIR-
TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
  D. NOTWITHSTANDING SUBPARAGRAPH (III) OF PARAGRAPH B OF THIS  SUBDIVI-
SION,  AN INDIVIDUAL SHALL BE DEEMED A QUALIFIED STUDENT FOR AN AWARD AT
THE GRADUATE LEVEL OF STUDY  FOR  A  PERIOD  OF  TEN  YEARS  IMMEDIATELY
FOLLOWING  THE  IMPLEMENTATION  OF THE NEW YORK STATE DREAM ACT PROVIDED
THAT THE INDIVIDUAL:
  (I) ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR  MORE  YEARS,
GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND-
ANCE  OR  IS ENROLLED AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE
UNIVERSITY; OR
  (II) ATTENDED AN APPROVED NEW YORK STATE PROGRAM  FOR  GENERAL  EQUIV-
ALENCY  DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY DIPLOMA
ISSUED WITHIN NEW YORK STATE, AND APPLIED FOR ATTENDANCE OR IS  ENROLLED
AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY;
  IN  ADDITION  TO  SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH, IF THE
INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES  AS
USED  IN  8  U.S.C.  S  1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE
UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE  OF  THIR-
TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
  S 3. Subparagraph (i) of paragraph b-1 of subdivision 4 of section 661
of the education law is REPEALED.
  S  4. Paragraph a of subdivision 5 of section 661 of the education law
is REPEALED.
  S 5. Paragraph b of subdivision 5 of section 661 of the education  law
is REPEALED.
  S 6. Paragraph d of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  844 of the laws of 1975, is amended to read as
follows:
  d. If an applicant for an award allocated on a  geographic  basis  has
more  than  one  residence  in  this state, his OR HER residence for the
purpose of this article shall be his OR HER place  of  actual  residence
during  the major part of the year while attending school, as determined
by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT  TO

S. 4179--D                          4

PARAGRAPH  A,  B,  C, OR D OF SUBDIVISION THREE OF THIS SECTION SHALL BE
DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF  THE  INSTITUTION  OF  HIGHER
EDUCATION  IN WHICH HE OR SHE ATTENDS FOR PURPOSES OF AN AWARD ALLOCATED
ON A GEOGRAPHIC BASIS.
  S 7. Paragraph e of subdivision 5 of section 661 of the education law,
as  added  by  chapter  630  of  the laws of 2005, is amended to read as
follows:
  e. Notwithstanding any other provision of this article to the  contra-
ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
MENTS for receipt of awards SET FORTH IN PARAGRAPH A,  B,  C,  OR  D  OF
SUBDIVISION  THREE OF THIS SECTION is waived for a member, or the spouse
or dependent of a member, of the armed forces of the  United  States  on
full-time active duty and stationed in this state.
  S  8. Paragraph h of subdivision 2 of section 355 of the education law
is amended by adding a new subparagraph 10 to read as follows:
  (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
NOT A RESIDENT OF NEW YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED
IN  PARAGRAPH  A, B, C, OR D OF SUBDIVISION THREE OF SECTION SIX HUNDRED
SIXTY-ONE OF THIS CHAPTER, MAY HAVE THE PAYMENT  OF  TUITION  AND  OTHER
FEES  AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER
FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES  THIRTEEN,
THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER.
  S  9. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (d) to read as follows:
  (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS  NOT  A
RESIDENT  OF  NEW  YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED IN
PARAGRAPH A, B, C, OR D OF SUBDIVISION  THREE  OF  SECTION  SIX  HUNDRED
SIXTY-ONE  OF  THIS  CHAPTER,  MAY HAVE THE PAYMENT OF TUITION AND OTHER
FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR  OTHER
FINANCIAL  ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN,
THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER.
  S 10. Section 6305 of the education law is amended  by  adding  a  new
subdivision 8-a to read as follows:
  8-A.  THE  PAYMENT  OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A  RESIDENT  OF  NEW
YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C,
OR D OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAP-
TER,  MAY  BE  REDUCED  BY  STATE-AIDED PROGRAMS, SCHOLARSHIPS AND OTHER
FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES  THIRTEEN,
THIRTEEN-A,  FOURTEEN  AND FOURTEEN-A OR ANY OTHER ARTICLE OF THIS CHAP-
TER.
  S 11. Paragraph d of subdivision 3 of section 6451  of  the  education
law,  as  amended by chapter 149 of the laws of 1972, is amended to read
as follows:
  d. Any necessary supplemental financial assistance, which may  include
the  cost of books and necessary maintenance for such enrolled students,
INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED  THAT  THE
STUDENT  IS  A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C, OR D
OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF  THIS  CHAPTER;
provided,  however, that such supplemental financial assistance shall be
furnished pursuant to criteria promulgated by the commissioner with  the
approval of the director of the budget.
  S 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of  the  education  law, as added by chapter 917 of the laws of 1970, is
amended to read as follows:

S. 4179--D                          5

  (v) Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such students, INCLUDING
STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT  IS
A  "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C, OR D OF SUBDIVI-
SION  THREE  OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER; provided,
however, that such supplemental financial assistance shall be  furnished
pursuant  to  criteria  promulgated by such universities and approved by
the regents and the director of the budget.
  S 13. Paragraph (a) of subdivision 2 of section 6455 of the  education
law,  as added by chapter 285 of the laws of 1986, is amended to read as
follows:
  (a) Undergraduate science and technology entry program moneys  may  be
used  for  tutoring,  counseling,  remedial  and special summer courses,
supplemental financial assistance,  program  administration,  and  other
activities  which  the commissioner may deem appropriate. To be eligible
for  undergraduate  collegiate  science  and  technology  entry  program
support,  a student must be [a resident of New York who is] A "QUALIFIED
STUDENT" PURSUANT TO PARAGRAPH A OR PARAGRAPH C OF SUBDIVISION THREE  OF
SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER AND MUST BE either econom-
ically  disadvantaged  or from a minority group historically underrepre-
sented  in  the  scientific,  technical,   health   and   health-related
professions,  and  [who demonstrates] MUST DEMONSTRATE interest in and a
potential for a professional career if provided special services. Eligi-
ble students must be in good academic standing, enrolled full time in an
approved, undergraduate level  program  of  study,  as  defined  by  the
regents.
  S  14. Paragraph (a) of subdivision 3 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read  as
follows:
  (a)  Graduate  science and technology entry program moneys may be used
for recruitment,  academic  enrichment,  career  planning,  supplemental
financial  assistance, review for licensing examinations, program admin-
istration, and other activities which the commissioner may  deem  appro-
priate.  To  be  eligible for graduate collegiate science and technology
entry program support, a student must be [a resident of New York who is]
A "QUALIFIED STUDENT" PURSUANT TO PARAGRAPH B OR PARAGRAPH D OF SUBDIVI-
SION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER AND MUST  BE
either  economically disadvantaged or from a minority group historically
underrepresented  in  the  scientific,  technical   and   health-related
professions  AND  MUST  DEMONSTRATE AN INTEREST IN AND A POTENTIAL FOR A
PROFESSIONAL CAREER IF PROVIDED SPECIAL  SERVICES.    Eligible  students
must  be  in  good  academic standing, enrolled full time in an approved
graduate level program, as defined by the regents.
  S 15. Subparagraph (i) of paragraph a  of  subdivision  2  of  section
695-e  of  the  education  law, as amended by chapter 593 of the laws of
2003, is amended to read as follows:
  (i) the name, address and social security number [or], employer  iden-
tification  number,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN  EFFECT  PRIOR
TO  THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWELVE
THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-
TION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION  NUMBER  SHALL  BE
ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
  S  16.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
695-e of the education law, as amended by chapter 593  of  the  laws  of
2003, is amended to read as follows:

S. 4179--D                          6

  (iii)  the  name,  address, and social security number, EMPLOYER IDEN-
TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
THOUSAND  TWELVE  THAT  AMENDED  THIS  SUBPARAGRAPH DOES NOT ALLOW FOR A
TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
  S 17. This act shall take effect July 1, 2013.

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