senate Bill S2378B

2013-2014 Legislative Session

Enacts the New York state DREAM ACT; repealer

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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
Jan 29, 2014 print number 2378b
amend and recommit to higher education
Jan 23, 2014 print number 2378a
amend (t) and recommit to higher education
Jan 08, 2014 referred to higher education
Apr 16, 2013 held in committee
Mar 11, 2013 notice of committee consideration - requested
Jan 17, 2013 referred to higher education

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S2378 - Bill Details

See other versions of this Bill:
A2597A
, A9640
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §609, rpld §661 sub 3, amd §§661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L

S2378 - Bill Texts

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Enacts the New York state DREAM ACT by creating the New York DREAM fund commission and amends eligibility requirements and conditions governing certain awards.

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BILL NUMBER:S2378

TITLE OF BILL:
An act
to amend the education law, in relation to creating the New York DREAM
fund commission; eligibility
requirements and conditions governing general awards, academic
performance awards and student loans; eligibility requirements for
assistance under the higher education opportunity programs and the
collegiate science and technology entry program; financial aid
opportunities for students of the state university of New York, the city
university of New York and community colleges; and the program
requirements for the New York state college choice tuition savings
program; and to repeal subdivision 3 of section 661 of such law relating
thereto

PURPOSE OR GENERAL IDEA OF BILL: This bill would
create the New York
state DREAM Act. This bill would create a DREAM fund commission and a
DREAM fund in order to advance the educational opportunities of the
children of immigrants by providing scholarships to college bound
children who are the children of immigrants.

This bill would also eliminate potential financial obstacles to
obtaining State financial aid and extend the opportunities for
certain immigrant students to attend higher education institutions in
this State; providing a benefit consistent with U.S. citizens and
nationals.

Finally this bill would eliminate barriers for immigrant aliens to
save for their families higher education expenses by allowing such
individuals to open a New York State 529 family tuition account under
the New York State College Tuition Savings Program and/or be a
designated beneficiary on an account if they have a taxpayer
identification number.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 entitles the bill the "New York State DREAM Act".

Section 2 of the bill would add a new Education Law § 609 to create a
DREAM fund commission and a DREAM fund. The commission, whose members
are appointed by the Executive and Legislature, would raise money for
the DREAM fund in order to provide scholarships to college bound
children who are the children of immigrants. The commission would be
required to establish the criteria for the scholarships, to create
and publicize a training program: for education professionals, and to
develop a public awareness campaign for the DREAM fund awards.
Neither the commission nor the fund would receive state funding or
aid. The commission would be subject to the Freedom of Information
Law, the Open Meetings Law, and the code of ethics in section 74 of
the Public Officers Law.

Section 3 of the bill repeals Education Law § 661(3) to eliminate the
requirement that an applicant for a general award or academic
performance award be either a citizen of the United States, or an


alien lawfully admitted for permanent residence in the United States,
or an individual of a class of refugees paroled by the attorney
general of the United States under his parole authority pertaining to
the admission of aliens to the United States.

Section 4 of the bill would amend Education Law § 661(5) (a) to allow
certain applicants for undergraduate awards who are not legal
residents of the state to be eligible for awards if they meet certain
qualifications. The student must have either: (1) attended a
registered New York high school for 2 or more years, graduated from a
registered New York high school and applied for attendance at the
institution of higher education for the undergraduate study for which
an award is sought within 5 years of receiving a high school; (2)
attended an approved program for a state high school equivalency
diploma, received a diploma and applied for attendance at the
institution of higher education for the undergraduate, study for
which an award is sought within 5 years of receiving a state high
school equivalency diploma; or (3) must 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 ("SUNY"),
the City University of New York ("CUNY") or community colleges as
prescribed in Education Law §§ 355(2)(1)(8) or 6206(7)(a). Further,
students who do not have lawful immigration status will also be
required to file an affidavit with the higher education
institution that he or she has filed an application to legalize his
or her immigration status, or will file such an application as soon
as he or she is eligible to do so.

Section 5 of the bill would amend Education Law § 661(5)(b) to make a
similar change for applicants seeking an award at the graduate level
of study, except for graduate study, the nonresident student must
have either: (1) attended a registered New York high school for 2 or
more years, graduated from a registered New York high school and
applied for attendance at the institution of higher education for the
undergraduate study for which an award is sought within 10 years of
receiving a high school; (2) attended an approved program for a state
high school equivalency diploma, received a diploma and applied for
attendance at the institution of higher education for the
undergraduate study for which an award is sought within 10 years of
receiving a state high school equivalency diploma; or (3) must be
otherwise eligible for the payment of tuition and fees at a rate no
greater than that imposed for resident students of the SUNY, the CUNY
or community colleges as prescribed in Education Law §§ 355(2)(h)(8)
or 6206(7)(a).

Section 6 of the bill would amend Education Law § 661(5)(d) to clarify
that if an applicant for tuition assistance does not have a New York
State residence, 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 would amend Education Law § 661(5)(e) to clarify
that the new requirements in paragraphs (a) and (b) of this
subdivision are waived for a member, or the spouse or dependent of a
member, of the armed forces of the United States on a full-time
active duty and stationed in this state.


Section 8 of the bill would add a new Education Law § 355(2)(h)(10) to
allow certain SUNY students who are not legal residents of the state
to have the payment of tuition and other fees and charges reduced by
state-aided programs, scholarships or other financial assistance
awarded under Articles 13, 13-a, 14, 14-a, provided that the student
meets the requirements in Education Law §§ 661(5)(a)(ii) or (b)(ii).

Section 9 of the bill adds a new Education Law § 6206(7)(d) to make a
conforming change for CUNY.

Section 10 of the bill adds a new Education Law § 6305(8-a) to make a
conforming change for community colleges.

Sections 11 and 12 of the bill amend Education Law §§ 6451(3)(d) and
6452(4)(a)(v) to allow students without lawful immigration status who
participate in the higher education programs to receive supplemental
financial assistance provided that the student meets the requirements
in Education Law §§ 661(5)(a)(ii) or (b)(ii).

Section 13 of the bill adds Education Law § 6455(2)(a) to allow an
applicant for the college science and technology entry program who is
not a legal resident of the state to be eligible for an award at the
undergraduate level of study provided that the student either: (1)
attended a registered New York high school for 2 or more years,
graduated from a registered New York high school and applied for
attendance at the institution of higher education for the
undergraduate study for which an award is sought within 5 years of
receiving a high school; (2) attended an approved program for a state
high school equivalency diploma, received a diploma and applied for
attendance at the institution of higher education for the
undergraduate study for which an award is sought within 5 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
SUNY, CUNY or community colleges as prescribed in Education Law
355(2)(h)(8) or 6206(7)(a). Further, students who do not have lawful
immigration status will also be required to file an affidavit with
the higher education institution that he or she has filed an
application to legalize his or her immigration status, or will file
such an application as soon as he or she is eligible to do so.

Section 14 of the bill amends Education Law § 6455(3)(a) to make a
conforming change for nonresident applicants at the undergraduate
level of study, except such applicants must have either: (1) attended
a registered New York high school for 2 or more years, graduated from
a registered New York high school and applied for attendance at the
institution of higher education for the undergraduate study for which
an award is sought within 10 years of receiving a high school; (2)
attended an approved program for a state high school equivalency
diploma, received a diploma and applied for attendance at the
institution of higher education for the undergraduate study for which
an award is sought within 10 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 SUNY, the CUNY or community colleges as prescribed in
Education Law § 355(2)(h)(8) or § 6206(7)(a).


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
beneficiary 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 1TIN, in which case an ITIN shall be
allowed upon expiration of the contract.

Section 17 would direct the president of the higher education services
corporation (HESC), in consultation with the commissioner of
education (SED), to establish an application form and procedures
that allow a students applicant that meets the requirements to apply
to HESC or SED for applicable awards without having to submit
information to any other state or federal agency. All information
contained within these applications would be deemed confidential.

Section 18 is the effective date.

JUSTIFICATION: Currently, New York enables hundreds
of thousands of
undocumented students to receive education through the state's public
school system; our state recognizes the value of an investment in
career and college readiness for these students. It makes economic
sense to help these young students become fully participant in New
York's economy. Yet their futures are undeniably circumscribed by
current immigration law and State law relating to State financial aid
for postsecondary education. These young people generally derive
their immigration status from their parents. If their parents are
undocumented, many have no mechanism to obtain legal residency, even
if they have lived most of their lives in the U.S.

Current State law prohibits undocumented immigrant students from
receiving State financial aid (i.e., general awards and academic
performance awards). Denying them aid means denying them access to
higher education. This bill would seek to ease the financial burden
of the high cost of higher education by creating a commission and
fund to raise money in order to provide scholarships to the children
of immigrants as well as allowing eligible undocumented aliens to
receive such awards by making graduates of New York high schools or
programs leading to a State high school equivalency diploma and
persons otherwise eligible for in-state tuition in SUNY, CUNY or
other institutions eligible to receive such awards regardless of
their residence or immigration status. Thus, the bill also allows
nonresidents of the State to be eligible for these awards if they
meet the specified qualifications in order to not violate federal
law. The bill also seeks to ensure compliance with immigration laws,
by requiring immigrant students to demonstrate that they have taken
appropriate steps to legalize their immigration status.

Our society and our economic growth depend on a vibrant, well-educated
workforce, but right now, hundreds of thousands of New Yorkers are
denied the opportunity to the education they need to fully
participate in our economy. Without access to higher education, these
students are far too often forced into the shadows of poverty and
desperate existence.


This bill addresses the compelling need to maintain educational
opportunities at SUNY and CUNY, community colleges and State-aided
four year colleges for certain immigrant students in New York State.
To accomplish this, the bill provides that SUNY and CUNY, community
colleges and State-aided four-year programs allow non-resident
students to have the payment of tuition and other fees and charges
reduced by State-aided programs, scholarships or other financial
assistance awarded if the student meets the criteria that would
qualify him or her to receive TAP or other general awards under
Education Law § 651.

The bill also allows undocumented non-resident aliens to receive
supplemental financial assistance as part of the higher education
opportunity programs and the collegiate technology entry programs if
they meet the criteria that would qualify them to receive TAP or
other general awards under Education Law § 651.

Finally, the bill recognizes the importance of attracting hard-working
undocumented aliens to public and private colleges and universities
within the State by enabling such students to benefit from the tax
incentive provided for qualified state tuition programs under the
Internal Revenue Code of 1986. The bill allows undocumented aliens
with a taxpayer identification number to open a family tuition
account and/or to be a designated beneficiary of such account, except
in limited exceptions.

This bill would extend New York State's legacy of providing a
high-quality, affordable higher education to hard-working immigrants
and would reinforce our State's commitment to being a beacon of
freedom and opportunity for immigrants.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: This bill would allow certain
undocumented
students to access the Tuition Assistance Program (TAP). Currently,
the maximum TAP award for students attending four year colleges is
$5,000 and the maximum TAP award for students attending community
colleges is the tuition at community colleges in the State. The costs
of this bill would depend on the number of undocumented students that
choose to apply for TAP grants as well as the level of their TAP award.

EFFECTIVE DATE: This act shall take effect on:

* January 1, 2014 for the DREAM Fund Commission:

* 90 days upon enactment for the New York State College Tuition
Savings (529) Program; and

* 90 days upon issuance of regulations and the development of an
application form by HESC and SED or 90 days upon enactment, whichever
shall be later.

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

                                  2378

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to creating the New  York
  DREAM fund commission; eligibility requirements and conditions govern-
  ing  general  awards,  academic  performance awards and student loans;
  eligibility requirements for assistance  under  the  higher  education
  opportunity  programs  and the collegiate science and technology entry
  program; financial aid opportunities for students of the state univer-
  sity of New York, the  city  university  of  New  York  and  community
  colleges;  and the program requirements for the New York state college
  choice tuition savings program; and to repeal subdivision 3 of section
  661 of such law relating thereto

  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. The education law is amended by adding a new section 609 to  read
as follows:
  S  609. NEW YORK DREAM FUND COMMISSION.  1. (A) THERE SHALL BE CREATED
A NEW YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED  TO  ADVANCING
THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
  (B)  THE  NEW  YORK  DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE
MEMBERS TO BE APPOINTED AS FOLLOWS:
  (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
  (II) THREE MEMBERS SHALL BE APPOINTED BY THE  TEMPORARY  PRESIDENT  OF
THE SENATE;
  (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (IV)  ONE  MEMBER  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
SENATE;
  (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07742-02-3

S. 2378                             2

  (C) TO THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH  COMMISSION  SHALL
REFLECT  THE  RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY
OF THE STATE.
  (D)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS  AND  FACULTY,  AND  OTHER
INDIVIDUALS  COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE
CHILDREN OF IMMIGRANTS.
  (E) MEMBERS OF THE NEW YORK DREAM FUND  COMMISSION  SHALL  RECEIVE  NO
COMPENSATION FOR THEIR SERVICES.
  2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
  (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
  (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
  (III)  ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
ITY OF RAISING FUNDS FOR THE ADMINISTRATION  OF  THIS  SECTION  AND  ANY
EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
TRATING  AND  FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
GRANTS TO THE UNITED STATES;
  (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
DREAM FUND;
  (V) DEVELOP CRITERIA AND A SELECTION PROCESS  FOR  THE  RECIPIENTS  OF
SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
  (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
THE  COSTS  OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
GRANTS WITHIN HIGHER EDUCATION;
  (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR  HIGH
SCHOOL  COUNSELORS,  ADMISSIONS  OFFICERS, AND FINANCIAL AID OFFICERS OF
INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS  SHALL  INSTRUCT
PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
STUDENTS  WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE  EXTENT  PRACTICA-
BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
TO  SCHOOL  DISTRICTS  AND  BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES
THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN  TO
SCHOOL  DISTRICTS  AND  BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES WITH
LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE  EDUCATIONAL  SERVICES  WITH  LESSER
NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
  (VIII)  ESTABLISH  A  PUBLIC  AWARENESS CAMPAIGN REGARDING EDUCATIONAL
OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE  THE  CHILDREN
OF IMMIGRANTS; AND
  (IX)  ESTABLISH,  BY  RULE,  PROCEDURES  FOR  ACCEPTING AND EVALUATING
APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND  ISSU-
ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
  (B)  TO  RECEIVE  A  SCHOLARSHIP  PURSUANT  TO THIS SECTION, A STUDENT
APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
  (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE  ATTENDING
A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
  (II)  HAVE  GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
  (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE  FOR
AT  LEAST  TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
  (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
STATES.

S. 2378                             3

  (C) THE NEW YORK DREAM FUND COMMISSION AND THE  NEW  YORK  DREAM  FUND
SHALL  BE  FUNDED  ENTIRELY  BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND.   NO  FUNDS
OF  THE  NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
BE  TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL
BE USED FOR ANY PURPOSE OTHER  THAN  THE  PURPOSES  SET  FORTH  IN  THIS
SECTION.
  3.  THE  NEW  YORK  DREAM  FUND COMMISSION AND THE NEW YORK DREAM FUND
SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
  S 3. Subdivision 3 of section 661 of the education law is REPEALED.
  S 4. Paragraph a of subdivision 5 of section 661 of the education law,
as amended by chapter 466 of the laws of 1977, is  amended  to  read  as
follows:
  a.  (I)  Except  as provided in subdivision two of section six hundred
seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF  THIS  PARAGRAPH,  an
applicant  for  an award at the undergraduate level of study must either
[(i)] (A) have been a legal 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)]  (B)
be  a  legal resident of the state and have been a legal resident during
his last two semesters of high school either  prior  to  graduation,  or
prior  to  admission  to college. Provided further that persons shall be
eligible to receive awards under  section  six  hundred  sixty-eight  or
section  six  hundred  sixty-nine  OF  THIS PART who are currently legal
residents of the state and are otherwise qualified.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL  BE  ELIGIBLE  FOR  AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  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
  (B)  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
  (C)  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.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 5. Paragraph b of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  466 of the laws of 1977, is amended to read as
follows:

S. 2378                             4

  b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
PARAGRAPH, AN applicant for an award at the graduate level of study must
either  [(i)]  (A)  have been a legal 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)] (B) be a legal resident of the state and have been a legal  resi-
dent  during  his  last  academic  year  of undergraduate study and have
continued to be a legal resident until  matriculation  in  the  graduate
program.
  (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT  WITHOUT  LAWFUL  IMMIGRATION  STATUS SHALL BE ELIGIBLE FOR AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A) ATTENDED A REGISTERED APPROVED 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  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (B) 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
  (C) 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.
  PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  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
SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B  OF
THIS SUBDIVISION 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 [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION  ARE  waived  for  a member, or the spouse or dependent of a

S. 2378                             5

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 LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
WITHOUT LAWFUL IMMIGRATION STATUS 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, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  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
LEGAL RESIDENT OF NEW YORK STATE BUT  IS  A  UNITED  STATES  CITIZEN,  A
PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
WITHOUT LAWFUL IMMIGRATION STATUS 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, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  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 LEGAL RESIDENT  OF
NEW  YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
DENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMI-
GRATION  STATUS 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 OF THIS CHAPTER, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  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  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
SECTION  SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; 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:
  (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

S. 2378                             6

MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR
SUBPARAGRAPH  (II)  OF  PARAGRAPH  B  OF SUBDIVISION FIVE OF SECTION SIX
HUNDRED SIXTY-ONE OF THIS CHAPTER,  AS  APPLICABLE;  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) (I) 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], OR MEET THE
REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE  either
economically  disadvantaged  or from a minority group historically under
represented 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.
  (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESIDENT,  A  LAWFUL
NON-IMMIGRANT  ALIEN  OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS,
SHALL BE ELIGIBLE FOR AN AWARD  AT  THE  UNDERGRADUATE  LEVEL  OF  STUDY
PROVIDED THAT THE STUDENT:
  (1)  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
  (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 UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
FIVE  YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY DIPLOMA,
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 AN INSTITUTION OF HIGHER EDUCATION WITHIN  FIVE  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL 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.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE  HIS OR IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS
SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  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:

S. 2378                             7

  (a) (I) 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],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
AND MUST BE either economically disadvantaged or from a  minority  group
historically  underrepresented  in the scientific, technical and health-
related professions. Eligible students must be in good  academic  stand-
ing,  enrolled  full  time  in  an  approved  graduate level program, as
defined by the regents.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT  ALIEN  OR  AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL BE ELIGIBLE FOR AN AWARD  AT  THE  UNDERGRADUATE  LEVEL  OF  STUDY
PROVIDED THAT THE STUDENT:
  (1)  ATTENDED A REGISTERED APPROVED 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 GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
RECEIVING 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.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  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  THIR-
TEEN  THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN-
TIFICATION 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  THIRTEEN  THAT  AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A

S. 2378                             8

TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
  S  17.  The president of the higher education services corporation, in
consultation with the commissioner  of  education,  shall  establish  an
application  form  and  procedures  that shall allow a student applicant
that meets the requirements set forth in subparagraph (ii) of  paragraph
(a)  or subparagraph (ii) of paragraph b of subdivision 5 of section 661
of the education law to apply directly to the higher education  services
corporation or education department for applicable awards without having
to submit information to any other state or federal agency. All informa-
tion  contained  within  the applications filed with such corporation or
department shall be deemed confidential.
  S 18. This act shall take effect immediately; provided, however, that:
  (a) section two of this act shall take effect January 1, 2014;
  (b) sections fifteen and sixteen of this act shall take effect on  the
ninetieth  day after it shall have become a law; provided, however, that
any rule or regulation necessary for the timely implementation  of  this
act  on its effective date shall be promulgated on or before such effec-
tive date; and
  (c) sections three through fourteen and section seventeen of this  act
shall take effect on the ninetieth day after the issuance of regulations
and the development of an application form by the president of the high-
er  education  services  corporation and commissioner of education or on
the ninetieth day after it shall have become a law, whichever  shall  be
later; provided, however that 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 is authorized and directed to
be made and completed on or before such date; provided, further,  howev-
er,  that the president of the higher education services corporation and
the commissioner of education shall notify the legislative bill drafting
commission upon the occurrence of the issuance of  the  regulations  and
the  development of an application form in order that the commission may
maintain an accurate and timely effective data base of the official text
of the laws of the state of New York in furtherance of effectuating  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.

Co-Sponsors

view additional co-sponsors

S2378A - Bill Details

See other versions of this Bill:
A2597A
, A9640
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §609, rpld §661 sub 3, amd §§661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L

S2378A - Bill Texts

view summary

Enacts the New York state DREAM ACT by creating the New York DREAM fund commission and amends eligibility requirements and conditions governing certain awards.

view sponsor memo
BILL NUMBER:S2378A

TITLE OF BILL: An act to amend the education law, in relation to
creating the New York DREAM fund commission, eligibility requirements
and conditions governing general awards, academic performance awards
and student loans, eligibility requirements for assistance under the
higher education opportunity programs and the collegiate science and
technology entry program, financial aid opportunities for students of
the state university of New York, the city university of New York and
community colleges, and the program requirements for the New York
state college choice tuition savings program; and to repeal
subdivision 3 of section 661 of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:

This bill would create the New York State DREAM Act. This bill would
create a DREAM Fund commission and a DREAM Fund in order to advance
the educational opportunities of the children of immigrants by
providing scholarships to college bound children who are the children
of immigrants.

This bill would also eliminate potential financial obstacles to
obtaining State financial aid and extend the opportunities for certain
immigrant students to attend higher education institutions in this
State; providing a benefit consistent with U.S. citizens and
nationals.

Finally this bill would eliminate barriers for immigrant aliens to
save for their families higher education expenses by allowing such
individuals to open a New York State 529 family tuition account under
the New York State College Tuition Savings Program and/or be a
designated beneficiary on an account if they have a taxpayer
identification number.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 entitles the bill the New York State DREAM Act".

Section 2 of the bill would add a new Education Law § 609 to create a
DREAM fund commission and a DREAM fund. The commission, whose members
are appointed by the Executive and Legislature, would raise money for
the DREAM fund in order to provide scholarships to college bound
children who are the children of immigrants. The commission would be
required to establish the criteria for the scholarships, to create and
publicize a training program: for education professionals, and to
develop a public awareness campaign for the DREAM Fund awards.
Neither the commission nor the fund would receive state funding or
aid. The commission would be subject to the Freedom of Information
Law, the Open Meetings Law, and the code of ethics in section 74 of
the Public Officers Law.

Section 3 of the bill repeals Education Law § 661(3) to eliminate the
requirement that an applicant for a general award or academic
performance award be either a citizen of the United States, or an
alien lawfully admitted for permanent residence in the United States,
or an individual of a class of refugees paroled by the attorney


general of the United States under his parole authority pertaining to
the admission of aliens to the United States.

Section 4 of the bill would amend Education Law § 661(5) (a) to allow
certain applicants for undergraduate awards who are not legal
residents of the state to be eligible for awards if they meet certain
qualifications. The student must have either: (1) attended a
registered New York high school for 2 or more years, graduated from a
registered New York high school and applied for attendance at the
institution of higher education for the undergraduate study for which
an award is sought within 5 years of receiving a high school; (2)
attended an approved program for a state high school equivalency
diploma, received a diploma and applied for attendance at the
institution of higher education for the undergraduate, study for which
an award is sought within 5 years of receiving a state high school
equivalency diploma; or (3) must 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 ("SUNY"), the
City University of New York ("CUNY") or community colleges as
prescribed in Education Law §§ 355(2)(1)(8) or 6206(7)(a). Further,
students who do not have lawful immigration status will also be
required to file an affidavit with the higher education institution
that he or she has filed an application to legalize his or her
immigration status, or will file such an application as soon as he or
she is eligible to do so.

Section 5 of the bill would amend Education Law § 661(5)(b) to make a
similar change for applicants seeking an award at the graduate level
of study, except for graduate study, the nonresident student must have
either: (1) attended a registered New York high school for 2 or more
years, graduated from a registered New York high school and applied
for attendance at the institution of higher education for the
undergraduate study for which an award is sought within 10 years of
receiving a high school; (2) attended an approved program for a state
high school equivalency diploma, received a diploma and applied for
attendance at the institution of higher education for the
undergraduate study for which an award is sought within 10 years of
receiving a state high school equivalency diploma; or (3) must be
otherwise eligible for the payment of tuition and fees at a rate no
greater than that imposed for resident students of the SUNY, the CUNY
or community colleges as prescribed in Education Law §§ 355(2)(h)(8)
or 6206(7)(a).

Section 6 of the bill would amend Education Law § 661(5)(d) to clarify
that if an applicant for tuition assistance does not have a New York
State residence, 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 would amend Education Law § 661(5)(e) to clarify
that the new requirements in paragraphs (a) and (b) of this
subdivision are waived for a member, or the spouse or dependent of a
member, of the armed forces of the United States on a full-time active
duty and stationed in this state.

Section 8 of the bill would add a new Education Law § 355(2)(h)(10) to
allow certain SUNY students who are not legal residents of the state


to have the payment of tuition and other fees and charges reduced by
state-aided programs, scholarships or other financial assistance
awarded under Articles 13, 13-a, 14, 14-a, provided that the student
meets the requirements in Education Law §§ 661(5)(a)(ii) or (b)(ii).

Section 9 of the bill adds a new Education Law § 6206(7)(d) to make a
conforming change for CUNY.

Section 10 of the bill adds a new Education Law § 6305(8-a) to make a
conforming change for community colleges.

Sections 11 and 12 of the bill amend Education Law §§ 6451(3)(d) and
6452(4)(a)(v) to allow students without lawful immigration status who
participate in the higher education programs to receive supplemental
financial assistance provided that the student meets the requirements
in Education Law §§ 661(5)(a)(ii) or (b)(ii).

Section 13 of the bill adds Education Law § 6455(2)(a) to allow an
applicant for the college science and technology entry program who is
not a legal resident of the state to be eligible for an award at the
undergraduate level of study provided that the student either: (1)
attended a registered New York high school for 2 or more years,
graduated from a registered New York high school and applied for
attendance at the institution of higher education for the
undergraduate study for which an award is sought within 5 years of
receiving a high school; (2) attended an approved program for a state
high school equivalency diploma, received a diploma and applied for
attendance at the institution of higher education for the
undergraduate study for which an award is sought within 5 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 SUNY, CUNY or community colleges as
prescribed in Education Law §§ 355(2)(h)(8) or 6206(7)(a). Further,
students who do not have lawful immigration status will also be
required to file an affidavit with the higher education institution
that he or she has filed an application to legalize his or her
immigration status, or will file such an application as soon as he or
she is eligible to do so.

Section 14 of the bill amends Education Law § 6455(3)(a) to make a
conforming change for nonresident applicants at the undergraduate
level of study, except such applicants must have either: (1) attended
a registered New York high school for 2 or more years, graduated from
a registered New York high school and applied for attendance at the
institution of higher education for the undergraduate study for which
an award is sought within 10 years of receiving a high school; (2)
attended an approved program for a state high school equivalency
diploma, received a diploma and applied for attendance at the
institution of higher education for the undergraduate study for which
an award is sought within 10 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 SUNY, the CUNY or community colleges as prescribed in
Education Law § 355(2)(h)(8) or § 6206(7)(a).

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
beneficiary 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 1TIN, in which case an ITIN shall be
allowed upon expiration of the contract_

Section 17 would direct the president of the higher education services
corporation (HESC), in consultation with the commissioner of education
(SED), to establish an application form and procedures that allow a
students applicant that meets the requirements to apply to HESC or SED
for applicable awards without having to submit information to any
other state or federal agency. All information contained within these
applications would be deemed confidential.

Section 18 is the effective date.

JUSTIFICATION:

Currently, New York enables hundreds of thousands of undocumented
students to receive education through the state's public school
system; our state recognizes the value of an investment in career and
college readiness for these students. It makes economic sense to help
these young students become fully participant in New York's economy.
Yet their futures are undeniably circumscribed by current immigration
law and State law relating to State financial aid for postsecondary
education. These young people generally derive their immigration
status from their parents. If their parents are undocumented, many
have no mechanism to obtain legal residency, even if they have lived
most of their lives in the U.S.

Current State law prohibits undocumented immigrant students from
receiving State financial aid (i.e., general awards and academic
performance awards). Denying them aid means denying them access to
higher education. This bill would seek to ease the financial burden of
the high cost of higher education by creating a commission and fund to
raise money in order to provide scholarships to the children of
immigrants as well as allowing eligible undocumented aliens to receive
such awards by making graduates of New York high schools or programs
leading to a State high school equivalency diploma and persons
otherwise eligible for in-state tuition in SUNY. CUNY or other
institutions eligible to receive such awards regardless of their
residence or immigration status. Thus, the bill also allows
nonresidents of the State to be eligible for these awards if they meet
the specified qualifications in order to not violate federal law. The
bill also seeks to ensure compliance with immigration laws, by
requiring immigrant students to demonstrate that they have taken
appropriate steps to legalize their immigration status.

Our society and our economic growth depend on a vibrant, well-educated
workforce, but right now, hundreds of thousands of New Yorkers are
denied the opportunity to the education they need to fully participate
in our economy. Without access to higher education, these students are
far too often forced into the shadows of poverty and desperate
existence.

This bill addresses the compelling need to maintain educational
opportunities at SUNY and CUNY, community colleges and State-aided


four year colleges for certain immigrant students in New York State.
To accomplish this, the bill provides that SUNY and CUNY, community
colleges and State-aided four-year programs allow non-resident
students to have the payment of tuition and other fees and charges
reduced by State-aided programs, scholarships or other financial
assistance awarded if the student meets the criteria that would
qualify him or her to receive TAP or other general awards under
Education Law § 651.

The bill also allows undocumented non-resident aliens to receive
supple- mental financial assistance as part of the higher education
opportunity programs and the collegiate technology entry programs if
they meet the criteria that would qualify them to receive TAP or other
general awards under Education Law § 651.

Finally, the bill recognizes the importance of attracting hard-working
undocumented aliens to public and private colleges and universities
within the State by enabling such students to benefit from the tax
incentive provided for qualified state tuition programs under the
Internal Revenue Code of 1986. The bill allows undocumented aliens
with a taxpayer identification number to open a family tuition account
and/or to be a designated beneficiary of such account, except in
limited exceptions.

This bill would extend New York State's legacy of providing a
high-quality, affordable higher education to hard-working immigrants
and would reinforce our State's commitment to being a beacon of
freedom and opportunity for immigrants.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

This bill would allow certain undocumented students to access the
Tuition Assistance Program (TAP). Currently, the maximum TAP award for
students attending four year colleges is $5,000 and the maximum TAP
award for students attending community colleges is the tuition at
community colleges in the State. The costs of this bill would depend
on the number of undocumented students that choose to apply for TAP
grants as well as the level of their TAP award.

EFFECTIVE DATE:

This act shall take effect on:

* January 1, 2015 for the DREAM Fund Commission:
* 90 days upon enactment for the New York State College Tuition
Savings (529) Program; and
* 90 days upon issuance of regulations and the development of an
application form by HESC and SED or 90 days upon enactment, whichever
shall be later.

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

                                 2378--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sens.  PERALTA,  AVELLA, BRESLIN, CARLUCCI, DIAZ, DILAN,
  ESPAILLAT, GIANARIS, GIPSON, HASSELL-THOMPSON, HOYLMAN, KLEIN,  KRUEG-
  ER,  MONTGOMERY,  PARKER,  RIVERA,  SAMPSON, SANDERS, SAVINO, SERRANO,
  SQUADRON, STAVISKY, STEWART-COUSINS, TKACZYK, VALESKY  --  read  twice
  and ordered printed, and when printed to be committed to the Committee
  on  Higher  Education  -- recommitted to the Committee on Education in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, in relation to creating the New  York
  DREAM fund commission, eligibility requirements and conditions govern-
  ing  general  awards,  academic  performance awards and student loans,
  eligibility requirements for assistance  under  the  higher  education
  opportunity  programs  and the collegiate science and technology entry
  program, financial aid opportunities for students of the state univer-
  sity of New York, the  city  university  of  New  York  and  community
  colleges,  and the program requirements for the New York state college
  choice tuition savings program; and to repeal subdivision 3 of section
  661 of such law relating thereto

  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 state DREAM Act".
  S 2. The education law is amended by adding a new section 609 to  read
as follows:
  S  609. NEW YORK DREAM FUND COMMISSION.  1. (A) THERE SHALL BE CREATED
A NEW YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED  TO  ADVANCING
THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
  (B)  THE  NEW  YORK  DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE
MEMBERS TO BE APPOINTED AS FOLLOWS:
  (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07742-03-4

S. 2378--A                          2

  (II) THREE MEMBERS SHALL BE APPOINTED BY THE  TEMPORARY  PRESIDENT  OF
THE SENATE;
  (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (IV)  ONE  MEMBER  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
SENATE;
  (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY;
  (C) TO THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH  COMMISSION  SHALL
REFLECT  THE  RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY
OF THE STATE.
  (D) TO THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH  COMMISSION  SHALL
INCLUDE  COLLEGE  AND  UNIVERSITY  ADMINISTRATORS AND FACULTY, AND OTHER
INDIVIDUALS COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF  THE
CHILDREN OF IMMIGRANTS.
  (E)  MEMBERS  OF  THE  NEW YORK DREAM FUND COMMISSION SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES.
  2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
  (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
  (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
  (III) ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE  RESPONSIBIL-
ITY  OF  RAISING  FUNDS  FOR  THE ADMINISTRATION OF THIS SECTION AND ANY
EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
TRATING AND FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN  OF  IMMI-
GRANTS TO THE UNITED STATES;
  (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
DREAM FUND;
  (V)  DEVELOP  CRITERIA  AND  A SELECTION PROCESS FOR THE RECIPIENTS OF
SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
  (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
THE COSTS OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS  AND  OTHER
ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
GRANTS WITHIN HIGHER EDUCATION;
  (VII)  ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR HIGH
SCHOOL COUNSELORS, ADMISSIONS OFFICERS, AND FINANCIAL  AID  OFFICERS  OF
INSTITUTIONS  OF  HIGHER EDUCATION. THE TRAINING PROGRAMS SHALL INSTRUCT
PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT  LIMITED
TO,  IN-STATE  TUITION AND SCHOLARSHIP PROGRAMS. TO THE EXTENT PRACTICA-
BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
TO SCHOOL DISTRICTS  AND  BOARDS  OF  COOPERATIVE  EDUCATIONAL  SERVICES
THROUGHOUT  THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN TO
SCHOOL DISTRICTS AND BOARDS OF  COOPERATIVE  EDUCATIONAL  SERVICES  WITH
LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
DISTRICTS  AND  BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES WITH LESSER
NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
  (VIII) ESTABLISH A PUBLIC  AWARENESS  CAMPAIGN  REGARDING  EDUCATIONAL
OPPORTUNITIES  AVAILABLE  TO COLLEGE BOUND STUDENTS WHO ARE THE CHILDREN
OF IMMIGRANTS; AND
  (IX) ESTABLISH, BY  RULE,  PROCEDURES  FOR  ACCEPTING  AND  EVALUATING
APPLICATIONS  FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND ISSU-
ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
  (B) TO RECEIVE A SCHOLARSHIP  PURSUANT  TO  THIS  SECTION,  A  STUDENT
APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
  (I)  HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE ATTENDING
A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;

S. 2378--A                          3

  (II) HAVE GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL  OR  RECEIVED
THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
  (III)  HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE FOR
AT LEAST TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM  HIGH  SCHOOL
OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
  (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
STATES.
  (C)  THE  NEW  YORK  DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
SHALL BE FUNDED ENTIRELY BY PRIVATE CONTRIBUTIONS  AND  NO  STATE  FUNDS
SHALL  BE  APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND.  NO FUNDS
OF THE NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND  COMMISSION  SHALL
BE  TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL
BE USED FOR ANY PURPOSE OTHER  THAN  THE  PURPOSES  SET  FORTH  IN  THIS
SECTION.
  3.  THE  NEW  YORK  DREAM  FUND COMMISSION AND THE NEW YORK DREAM FUND
SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
  S 3. Subdivision 3 of section 661 of the education law is REPEALED.
  S 4. Paragraph a of subdivision 5 of section 661 of the education law,
as amended by chapter 466 of the laws of 1977, is  amended  to  read  as
follows:
  a.  (I)  Except  as provided in subdivision two of section six hundred
seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF  THIS  PARAGRAPH,  an
applicant  for  an award at the undergraduate level of study must either
[(i)] (A) have been a legal 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)]  (B)
be  a  legal resident of the state and have been a legal resident during
his last two semesters of high school either  prior  to  graduation,  or
prior  to  admission  to college. Provided further that persons shall be
eligible to receive awards under  section  six  hundred  sixty-eight  or
section  six  hundred  sixty-nine  OF  THIS PART who are currently legal
residents of the state and are otherwise qualified.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL  BE  ELIGIBLE  FOR  AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  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
  (B)  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
  (C)  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.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF

S. 2378--A                          4

HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 5. Paragraph b of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  466 of the laws of 1977, is amended to read as
follows:
  b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
PARAGRAPH, AN applicant for an award at the graduate level of study must
either  [(i)]  (A)  have been a legal 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)]  (B) be a legal resident of the state and have been a legal resi-
dent during his last academic  year  of  undergraduate  study  and  have
continued  to  be  a  legal resident until matriculation in the graduate
program.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL  BE  ELIGIBLE  FOR  AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  ATTENDED A REGISTERED APPROVED 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 GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (B)  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
  (C)  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.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  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
SUBPARAGRAPH  (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
THIS SUBDIVISION 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. 2378--A                          5

  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 [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION  ARE  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 LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
WITHOUT LAWFUL IMMIGRATION STATUS 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, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  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
LEGAL RESIDENT OF NEW YORK STATE BUT  IS  A  UNITED  STATES  CITIZEN,  A
PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
WITHOUT LAWFUL IMMIGRATION STATUS 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, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  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 LEGAL RESIDENT  OF
NEW  YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
DENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMI-
GRATION  STATUS 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 OF THIS CHAPTER, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  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  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
SECTION  SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided,
however, that such supplemental financial assistance shall be  furnished

S. 2378--A                          6

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
MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE  OF  SECTION  SIX
HUNDRED  SIXTY-ONE  OF  THIS  CHAPTER, AS APPLICABLE; 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)  (I) 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], OR MEET  THE
REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
economically disadvantaged or from a minority group  historically  under
represented  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.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
WHO  IS  A  UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMIGRATION  STATUS,
SHALL  BE  ELIGIBLE  FOR  AN  AWARD  AT THE UNDERGRADUATE LEVEL OF STUDY
PROVIDED THAT THE STUDENT:
  (1) 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
  (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  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
FIVE YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY  DIPLOMA,
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  AN  INSTITUTION OF HIGHER EDUCATION WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL 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. 2378--A                          7

  PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION  AS
SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  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)  (I)  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], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II)  OF  THIS  PARAGRAPH,
AND  MUST  BE either economically disadvantaged or from a minority group
historically underrepresented in the scientific, technical  and  health-
related  professions.  Eligible students must be in good academic stand-
ing, enrolled full time  in  an  approved  graduate  level  program,  as
defined by the regents.
  (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  BE  ELIGIBLE  FOR  AN  AWARD  AT THE UNDERGRADUATE LEVEL OF STUDY
PROVIDED THAT THE STUDENT:
  (1) ATTENDED A REGISTERED APPROVED 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  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
RECEIVING 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.
  PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 15. Subparagraphs (i) and (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, are 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 FOUR-
TEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER  IDEN-
TIFICATION  NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL
BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;

S. 2378--A                          8

  (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  FOURTEEN  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  16.  The president of the higher education services corporation, in
consultation with the commissioner  of  education,  shall  establish  an
application  form  and  procedures  that shall allow a student applicant
that meets the requirements set forth in subparagraph (ii) of  paragraph
(a)  or subparagraph (ii) of paragraph b of subdivision 5 of section 661
of the education law to apply directly to the higher education  services
corporation or education department for applicable awards without having
to submit information to any other state or federal agency. All informa-
tion  contained  within  the applications filed with such corporation or
department shall be deemed confidential.
  S 17. This act shall take effect immediately; provided, however, that:
  (a) section two of this act shall take effect January 1, 2015;
  (b) section fifteen of this act shall take effect on the ninetieth day
after it shall have become a law; provided, however, that  any  rule  or
regulation  necessary  for  the timely implementation of this act on its
effective date shall be promulgated on or before  such  effective  date;
and
  (c)  sections  three  through fourteen and section sixteen of this act
shall take effect on the ninetieth day after the issuance of regulations
and the development of an application form by the president of the high-
er education services corporation and commissioner of  education  or  on
the  ninetieth  day after it shall have become a law, whichever shall be
later; provided, however that 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 is authorized and  directed  to
be  made and completed on or before such date; provided, further, howev-
er, that the president of the higher education services corporation  and
the commissioner of education shall notify the legislative bill drafting
commission  upon  the  occurrence of the issuance of the regulations and
the development of an application form in order that the commission  may
maintain an accurate and timely effective data base of the official text
of  the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.

Co-Sponsors

view additional co-sponsors

S2378B (ACTIVE) - Bill Details

See other versions of this Bill:
A2597A
, A9640
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §609, rpld §661 sub 3, amd §§661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L

S2378B (ACTIVE) - Bill Texts

view summary

Enacts the New York state DREAM ACT by creating the New York DREAM fund commission and amends eligibility requirements and conditions governing certain awards.

view sponsor memo
BILL NUMBER:S2378B

TITLE OF BILL: An act to amend the education law, in relation to
creating the New York DREAM fund commission; eligibility requirements
and conditions governing general awards, academic performance awards
and student loans; eligibility requirements for assistance under the
higher education opportunity programs and the collegiate science and
technology entry program; financial aid opportunities for students of
the state university of New York, the city university of New York and
community colleges; and the program requirements for the New York
state college choice tuition savings program; and to repeal
subdivision 3 of section 661 of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:

This bill would create the New York State DREAM Act. This bill would
create a DREAM Fund commission and a DREAM Fund in order to advance
the educational opportunities of the children of immigrants by
providing scholarships to college bound children who are the children
of immigrants.

This bill would also eliminate potential financial obstacles to
obtaining State financial aid and extend the opportunities for certain
immigrant students to attend higher education institutions in this
State; providing a benefit consistent with U.S. citizens and
nationals.

Finally this bill would eliminate barriers for immigrant aliens to
save for their families higher education expenses by allowing such
individuals to open a New York State 529 family tuition account under
the New York State College Tuition Savings Program and/or be a
designated beneficiary on an account if they have a taxpayer
identification number.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 entitles the bill the New York State DREAM Act".

Section 2 of the bill would add a new Education Law § 609 to create a
DREAM fund commission and a DREAM fund. The commission, whose members
are appointed by the Executive and Legislature, would raise money for
the DREAM fund in order to provide scholarships to college bound
children who are the children of immigrants. The commission would be
required to establish the criteria for the scholarships, to create and
publicize a training program: for education professionals, and to
develop a public awareness campaign for the DREAM Fund awards.
Neither the commission nor the fund would receive state funding or
aid. The commission would be subject to the Freedom of Information
Law, the Open Meetings Law, and the code of ethics in section 74 of
the Public Officers Law.

Section 3 of the bill repeals Education Law § 661(3) to eliminate the
requirement that an applicant for a general award or academic
performance award be either a citizen of the United States, or an
alien lawfully admitted for permanent residence in the United States,
or an individual of a class of refugees paroled by the attorney


general of the United States under his parole authority pertaining to
the admission of aliens to the United States.

Section 4 of the bill would amend Education Law § 661(5) (a) to allow
certain applicants for undergraduate awards who are not legal
residents of the state to be eligible for awards if they meet certain
qualifications. The student must have either: (1) attended a
registered New York high school for 2 or more years, graduated from a
registered New York high school and applied for attendance at the
institution of higher education for the undergraduate study for which
an award is sought within 5 years of receiving a high school; (2)
attended an approved program for a state high school equivalency
diploma, received a diploma and applied for attendance at the
institution of higher education for the undergraduate, study for which
an award is sought within 5 years of receiving a state high school
equivalency diploma; or (3) must 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 ("SUNY"), the
City University of New York ("CUNY") or community colleges as
prescribed in Education Law §§ 355(2)(1)(8) or 6206(7)(a). Further,
students who do not have lawful immigration status will also be
required to file an affidavit with the higher education institution
that he or she has filed an application to legalize his or her
immigration status, or will file such an application as soon as he or
she is eligible to do so.

Section 5 of the bill would amend Education Law § 661(5)(b) to make a
similar change for applicants seeking an award at the graduate level
of study, except for graduate study, the nonresident student must have
either: (1) attended a registered New York high school for 2 or more
years, graduated from a registered New York high school and applied
for attendance at the institution of higher education for the
undergraduate study for which an award is sought within 10 years of
receiving a high school; (2) attended an approved program for a state
high school equivalency diploma, received a diploma and applied for
attendance at the institution of higher education for the
undergraduate study for which an award is sought within 10 years of
receiving a state high school equivalency diploma; or (3) must be
otherwise eligible for the payment of tuition and fees at a rate no
greater than that imposed for resident students of the SUNY, the CUNY
or community colleges as prescribed in Education Law §§ 355(2)(h)(8)
or 6206(7)(a).

Section 6 of the bill would amend Education Law § 661(5)(d) to clarify
that if an applicant for tuition assistance does not have a New York
State residence, 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 would amend Education Law § 661(5)(e) to clarify
that the new requirements in paragraphs (a) and (b) of this
subdivision are waived for a member, or the spouse or dependent of a
member, of the armed forces of the United States on a full-time active
duty and stationed in this state.

Section 8 of the bill would add a new Education Law § 355(2)(h)(10) to
allow certain. SUNY students who are not legal residents of the state


to have the payment of tuition and other fees and charges reduced by
state-aided programs, scholarships or other financial assistance
awarded under Articles 13, 13-a, 14, 14-a, provided that the student
meets the requirements in Education Law §§ 661(5)(a)(ii) or (b)(ii).

Section 9 of the bill adds a new Education Law § 6206(7)(d) to make a
conforming change for CUNY.

Section 10 of the bill adds a new Education Law § 6305(8-a) to make a
conforming change for community colleges.

Sections 11 and 12 of the bill amend Education Law §§ 6451(3)(d) and
6452(4)(a)(v) to allow students without lawful immigration status who
participate in the higher education programs to receive supplemental
financial assistance provided that the student meets the requirements
in Education Law §§ 661(5)(a)(ii) or (b)(ii).

Section 13 of the bill adds Education Law § 6455(2)(a) to allow an
applicant for the college science and technology entry program who is
not a legal resident of the state to be eligible for an award at the
undergraduate level of study provided that the student either: (1)
attended a registered New York high school for 2 or more years,
graduated from a registered New York high school and applied for
attendance at the institution of higher education for the
undergraduate study for which an award is sought within 5 years of
receiving a high school; (2) attended an approved program for a state
high school equivalency diploma, received a diploma and applied for
attendance at the institution of higher education for the
undergraduate study for which an award is sought within 5 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 SUNY, CUNY or community colleges as
prescribed in Education Law §§ 355(2)(h)(8) or 6206(7)(a). Further,
students who do not have lawful immigration status will also be
required to file an affidavit with the higher education institution
that he or she has filed an application to legalize his or her
immigration status, or will file such an application as soon as he or
she is eligible to do so.

Section 14 of the bill amends Education Law § 6455(3)(a) to make a
conforming change for nonresident applicants at the undergraduate
level of study, except such applicants must have either: (1) attended
a registered New York high school for 2 or more years, graduated from
a registered New York high school and applied for attendance at the
institution of higher education for the undergraduate study for which
an award is sought within 10 years of receiving a high school; (2)
attended an approved program for a state high school equivalency
diploma, received a diploma and applied for attendance at the
institution of higher education for the undergraduate study for which
an award is sought within 10 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 SUNY, the CUNY or community colleges as prescribed in
Education Law § 355(2)(h)(8) or § 6206(7)(a).

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
beneficiary 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 1TIN, in which case an ITIN shall be
allowed upon expiration of the contract.

Section 17 would direct the president of the higher education services
corporation (HESC), in consultation with the commissioner of education
(SED), to establish an application form and procedures that allow a
students applicant that meets the requirements to apply to HESC or SED
"6 for applicable awards without having to submit information to any
other state or federal agency. All information contained within these
applications would be deemed confidential.

Section 18 is the effective date.

JUSTIFICATION:

Currently, New York enables hundreds of thousands of undocumented
students to receive education through the state's public school
system; our state recognizes the value of an investment in career and
college readiness for these students. It makes economic sense to help
these young students become fully participant in New York's economy.
Yet their futures are undeniably circumscribed by current immigration
law and State law relating to State financial aid for postsecondary
education. These young people generally derive their immigration
status from their parents. If their parents are undocumented, many
have no mechanism to obtain legal residency, even if they have lived
most of their lives in the U.S.

Current State law prohibits undocumented immigrant students from
receiving State financial aid (i.e., general awards and academic
performance awards). Denying them aid means denying them access to
higher education. This bill would seek to ease the financial burden of
the high cost of higher education by creating a commission and fund to
raise money in order to provide scholarships to the children of
immigrants as well as allowing eligible undocumented aliens to receive
such awards by making graduates of New York high schools or programs
leading to a State high school equivalency diploma and persons
otherwise eligible for in-state tuition in SUNY, CUNY or other
institutions eligible to receive such awards regardless of their
residence or immigration status. Thus, the bill also allows
nonresidents of the State to be eligible for these awards if they meet
the specified qualifications in order to not violate federal law. The
bill also seeks to ensure compliance with immigration laws, by
requiring immigrant students to demonstrate that they have taken
appropriate steps to legalize their immigration status.

Our society and our economic growth depend on a vibrant, well-educated
workforce, but right now, hundreds of thousands of New Yorkers are
denied the opportunity to the education they need to fully participate
in our economy. Without access to higher education, these students are
far too often forced into the shadows of poverty and desperate
existence.

This bill addresses the compelling need to maintain educational
opportunities at SUNY and CUNY, community colleges and State-aided


four year colleges for certain immigrant students in New York State.
To accomplish this, the bill provides that SUNY and CUNY, community
colleges and State-aided four-year programs allow non-resident
students to have the payment of tuition and other fees and charges
reduced by State-aided programs, scholarships or other financial
assistance awarded if the student meets the criteria that would
qualify him or her to receive TAP or other general awards under
Education Law § 651.

The bill also allows undocumented non-resident aliens to receive
supple- mental financial assistance as part of the higher education
opportunity programs and the collegiate technology entry programs if
they meet the criteria that would qualify them to receive TAP or other
general awards under Education Law § 651.

Finally, the bill recognizes the importance of attracting hard-working
undocumented aliens to public and private colleges and universities
within the State by enabling such students to benefit from the tax
incentive provided for qualified state tuition programs under the
Internal Revenue Code of 1986. The bill allows undocumented aliens
with a taxpayer identification number to open a family tuition account
and/or to be a designated beneficiary of such account, except in
limited exceptions.

This bill would extend New York State's legacy of providing a
high-quality, affordable higher education to hard-working immigrants
and would reinforce our State's commitment to being a beacon of
freedom and opportunity for immigrants.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

This bill would allow certain undocumented students to access the
Tuition Assistance Program (TAP). Currently, the maximum TAP award for
students attending four year colleges is $5,000 and the maximum TAP
award for students attending community colleges is the tuition at
community colleges in the State. The costs of this bill would depend
on the number of undocumented students that choose to apply for TAP
grants as well as the level of their TAP award.

EFFECTIVE DATE:

This act shall take effect on:

* January 1, 2015 for the DREAM Fund Commission:
* 90 days upon enactment for the New York State College Tuition
Savings (529) Program; and
* 90 days upon issuance of regulations and the development of an
application form by HESC and SED or 90 days upon enactment, whichever
shall be later.

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

                                 2378--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sens.  PERALTA,  AVELLA, BRESLIN, CARLUCCI, DIAZ, DILAN,
  ESPAILLAT, GIANARIS, GIPSON, HASSELL-THOMPSON, HOYLMAN, KLEIN,  KRUEG-
  ER,  MONTGOMERY,  PARKER,  RIVERA,  SAMPSON, SANDERS, SAVINO, SERRANO,
  SMITH, SQUADRON, STAVISKY, STEWART-COUSINS, TKACZYK, VALESKY  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Higher Education  --  recommitted  to  the  Committee  on
  Education  in  accordance  with  Senate  Rule  6,  sec. 8 -- 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 creating the New York
  DREAM fund commission; eligibility requirements and conditions govern-
  ing general awards, academic performance  awards  and  student  loans;
  eligibility  requirements  for  assistance  under the higher education
  opportunity programs and the collegiate science and  technology  entry
  program; financial aid opportunities for students of the state univer-
  sity  of  New  York,  the  city  university  of New York and community
  colleges; and the program requirements for the New York state  college
  choice tuition savings program; and to repeal subdivision 3 of section
  661 of such law relating thereto

  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. The education law is amended by adding a new section 609 to read
as follows:
  S 609. NEW YORK DREAM FUND COMMISSION.  1. (A) THERE SHALL BE  CREATED
A  NEW  YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED TO ADVANCING
THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
  (B) THE NEW YORK DREAM FUND COMMISSION SHALL  BE  COMPOSED  OF  TWELVE
MEMBERS TO BE APPOINTED AS FOLLOWS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07742-06-4

S. 2378--B                          2

  (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
  (II)  THREE  MEMBERS  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
THE SENATE;
  (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (IV) ONE MEMBER SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
SENATE;
  (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY;
  (C)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND  GEOGRAPHIC  DIVERSITY
OF THE STATE.
  (D)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS  AND  FACULTY,  AND  OTHER
INDIVIDUALS  COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE
CHILDREN OF IMMIGRANTS.
  (E) MEMBERS OF THE NEW YORK DREAM FUND  COMMISSION  SHALL  RECEIVE  NO
COMPENSATION FOR THEIR SERVICES.
  2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
  (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
  (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
  (III)  ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
ITY OF RAISING FUNDS FOR THE ADMINISTRATION  OF  THIS  SECTION  AND  ANY
EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
TRATING  AND  FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
GRANTS TO THE UNITED STATES;
  (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
DREAM FUND;
  (V) DEVELOP CRITERIA AND A SELECTION PROCESS  FOR  THE  RECIPIENTS  OF
SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
  (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
THE  COSTS  OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
GRANTS WITHIN HIGHER EDUCATION;
  (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR  HIGH
SCHOOL  COUNSELORS,  ADMISSIONS  OFFICERS, AND FINANCIAL AID OFFICERS OF
INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS  SHALL  INSTRUCT
PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
STUDENTS  WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE  EXTENT  PRACTICA-
BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
TO  SCHOOL  DISTRICTS  AND  BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES
THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN  TO
SCHOOL  DISTRICTS  AND  BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES WITH
LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE  EDUCATIONAL  SERVICES  WITH  LESSER
NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
  (VIII)  ESTABLISH  A  PUBLIC  AWARENESS CAMPAIGN REGARDING EDUCATIONAL
OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE  THE  CHILDREN
OF IMMIGRANTS; AND
  (IX)  ESTABLISH,  BY  RULE,  PROCEDURES  FOR  ACCEPTING AND EVALUATING
APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND  ISSU-
ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
  (B)  TO  RECEIVE  A  SCHOLARSHIP  PURSUANT  TO THIS SECTION, A STUDENT
APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
  (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE  ATTENDING
A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;

S. 2378--B                          3

  (II)  HAVE  GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
  (III)  HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE FOR
AT LEAST TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM  HIGH  SCHOOL
OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
  (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
STATES.
  (C)  THE  NEW  YORK  DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
SHALL BE FUNDED ENTIRELY BY PRIVATE CONTRIBUTIONS  AND  NO  STATE  FUNDS
SHALL  BE  APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND.  NO FUNDS
OF THE NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND  COMMISSION  SHALL
BE  TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL
BE USED FOR ANY PURPOSE OTHER  THAN  THE  PURPOSES  SET  FORTH  IN  THIS
SECTION.
  3.  THE  NEW  YORK  DREAM  FUND COMMISSION AND THE NEW YORK DREAM FUND
SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
  S 3. Subdivision 3 of section 661 of the education law is REPEALED.
  S 4. Paragraph a of subdivision 5 of section 661 of the education law,
as amended by chapter 466 of the laws of 1977, is  amended  to  read  as
follows:
  a.  (I)  Except  as provided in subdivision two of section six hundred
seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF  THIS  PARAGRAPH,  an
applicant  for  an award at the undergraduate level of study must either
[(i)] (A) have been a legal 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)]  (B)
be  a  legal resident of the state and have been a legal resident during
his last two semesters of high school either  prior  to  graduation,  or
prior  to  admission  to college. Provided further that persons shall be
eligible to receive awards under  section  six  hundred  sixty-eight  or
section  six  hundred  sixty-nine  OF  THIS PART who are currently legal
residents of the state and are otherwise qualified.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL  BE  ELIGIBLE  FOR  AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  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
  (B)  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
  (C)  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.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF

S. 2378--B                          4

HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 5. Paragraph b of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  466 of the laws of 1977, is amended to read as
follows:
  b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
PARAGRAPH, AN applicant for an award at the graduate level of study must
either  [(i)]  (A)  have been a legal 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)]  (B) be a legal resident of the state and have been a legal resi-
dent during his last academic  year  of  undergraduate  study  and  have
continued  to  be  a  legal resident until matriculation in the graduate
program.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL  BE  ELIGIBLE  FOR  AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  ATTENDED A REGISTERED APPROVED 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 GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (B)  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
  (C)  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.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  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
SUBPARAGRAPH  (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
THIS SUBDIVISION 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. 2378--B                          5

  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 [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION  ARE  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 LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
WITHOUT LAWFUL IMMIGRATION STATUS 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, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  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
LEGAL RESIDENT OF NEW YORK STATE BUT  IS  A  UNITED  STATES  CITIZEN,  A
PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
WITHOUT LAWFUL IMMIGRATION STATUS 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, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  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 LEGAL RESIDENT  OF
NEW  YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
DENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMI-
GRATION  STATUS 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 OF THIS CHAPTER, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  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  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
SECTION  SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided,
however, that such supplemental financial assistance shall be  furnished

S. 2378--B                          6

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
MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE  OF  SECTION  SIX
HUNDRED  SIXTY-ONE  OF  THIS  CHAPTER, AS APPLICABLE; 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)  (I) 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], OR MEET  THE
REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
economically disadvantaged or from a minority group  historically  under
represented  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.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
WHO  IS  A  UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMIGRATION  STATUS,
SHALL  BE  ELIGIBLE  FOR  AN  AWARD  AT THE UNDERGRADUATE LEVEL OF STUDY
PROVIDED THAT THE STUDENT:
  (1) 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
  (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  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
FIVE YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY  DIPLOMA,
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  AN  INSTITUTION OF HIGHER EDUCATION WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL 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. 2378--B                          7

  PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION  AS
SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  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)  (I)  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], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II)  OF  THIS  PARAGRAPH,
AND  MUST  BE either economically disadvantaged or from a minority group
historically underrepresented in the scientific, technical  and  health-
related  professions.  Eligible students must be in good academic stand-
ing, enrolled full time  in  an  approved  graduate  level  program,  as
defined by the regents.
  (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  BE  ELIGIBLE  FOR  AN  AWARD  AT THE UNDERGRADUATE LEVEL OF STUDY
PROVIDED THAT THE STUDENT:
  (1) ATTENDED A REGISTERED APPROVED 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  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
RECEIVING 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.
  PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  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 FOUR-
TEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER  IDEN-
TIFICATION  NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL
BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;

S. 2378--B                          8

  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  FOURTEEN  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.  The president of the higher education services corporation, in
consultation with the commissioner  of  education,  shall  establish  an
application  form  and  procedures  that shall allow a student applicant
that meets the requirements set forth in subparagraph (ii) of  paragraph
(a)  or subparagraph (ii) of paragraph b of subdivision 5 of section 661
of the education law to apply directly to the higher education  services
corporation or education department for applicable awards without having
to submit information to any other state or federal agency. All informa-
tion  contained  within  the applications filed with such corporation or
department shall be deemed confidential.
  S 18. This act shall take effect immediately; provided, however, that:
  (a) section two of this act shall take effect January 1, 2015;
  (b) sections fifteen and sixteen of this act shall take effect on  the
ninetieth  day after it shall have become a law; provided, however, that
any rule or regulation necessary for the timely implementation  of  this
act  on its effective date shall be promulgated on or before such effec-
tive date; and
  (c) sections three through fourteen and section seventeen of this  act
shall take effect on the ninetieth day after the issuance of regulations
and the development of an application form by the president of the high-
er  education  services  corporation and commissioner of education or on
the ninetieth day after it shall have become a law, whichever  shall  be
later; provided, however that 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 is authorized and directed to
be made and completed on or before such date; provided, further,  howev-
er,  that the president of the higher education services corporation and
the commissioner of education shall notify the legislative bill drafting
commission upon the occurrence of the issuance of  the  regulations  and
the  development of an application form in order that the commission may
maintain an accurate and timely effective data base of the official text
of the laws of the state of New York in furtherance of effectuating  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.

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