The New York State Senate

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

                                  6829

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2011
                               ___________

Introduced  by  M. of A. LINARES, WRIGHT, P. RIVERA, MENG, AUBRY -- read
  once and referred to the Committee on Governmental Operations

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

A. 6829                             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.

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

                                 6829--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2011
                               ___________

Introduced  by M. of A. LINARES, WRIGHT, P. RIVERA, MENG, AUBRY, CASTRO,
  WEPRIN, JAFFEE, JACOBS, JEFFRIES, BRENNAN,  THIELE,  BARRON,  ROBERTS,
  GIBSON, CAMARA, RODRIGUEZ, LAVINE, LANCMAN, DenDEKKER, ORTIZ, FARRELL,
  KAVANAGH, O'DONNELL, SCARBOROUGH, ROBINSON -- Multi-Sponsored by -- M.
  of  A.   GOTTFRIED, HOOPER, MONTESANO, NOLAN -- read once and referred
  to the Committee on Governmental Operations --  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10420-07-1

A. 6829--A                          2

  D.  NOT HAVE BEEN CONVICTED IN THIS STATE OR ANY OTHER STATE OR TERRI-
TORY OF A 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.

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

                                 6829--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2011
                               ___________

Introduced  by M. of A. LINARES, WRIGHT, P. RIVERA, MENG, AUBRY, CASTRO,
  WEPRIN, JAFFEE, JACOBS, JEFFRIES, BRENNAN,  THIELE,  BARRON,  ROBERTS,
  GIBSON, CAMARA, RODRIGUEZ, LAVINE, LANCMAN, DenDEKKER, ORTIZ, FARRELL,
  KAVANAGH, O'DONNELL, SCARBOROUGH, ROBINSON -- Multi-Sponsored by -- M.
  of  A.   GOTTFRIED, HOOPER, MONTESANO, NOLAN -- read once and referred
  to the Committee on Governmental Operations --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- again  reported  from  said  committee  with  amendments,
  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10420-10-1

A. 6829--B                          2

  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. 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.

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

                                 6829--D

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2011
                               ___________

Introduced  by M. of A. LINARES, WRIGHT, P. RIVERA, MENG, AUBRY, CASTRO,
  WEPRIN, JAFFEE, JACOBS, JEFFRIES, BRENNAN,  THIELE,  BARRON,  ROBERTS,
  GIBSON,  CAMARA, RODRIGUEZ, LAVINE, LANCMAN, ORTIZ, FARRELL, KAVANAGH,
  O'DONNELL, SCARBOROUGH, ROBINSON, BENEDETTO, MOYA, SIMOTAS, ROSENTHAL,
  CRESPO, BOYLAND, STEVENSON, N. RIVERA, PERRY, MAISEL, SCHIMEL, CAHILL,
  J. RIVERA,  RAMOS,  ESPINAL,  CLARK,  GOLDFEDER,   TITUS,   M. MILLER,
  DenDEKKER,  ARROYO,  KELLNER  --  Multi-Sponsored by -- M. of A. COOK,
  DINOWITZ, GOTTFRIED,  HEASTIE,  HOOPER,  LIFTON,  LUPARDO,  J. MILLER,
  MILLMAN,  NOLAN,  PAULIN,  RUSSELL  --  read  once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Governmental Operations in accordance with  Assem-
  bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10420-16-2

A. 6829--D                          2

  (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 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

A. 6829--D                          3

  (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.
  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:

A. 6829--D                          4

  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
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

A. 6829--D                          5

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:
  (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-

A. 6829--D                          6

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:
  (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.