Assembly Bill A7431

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7431
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2017
                                ___________
 
 Introduced  by  M. of A. MOYA -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law, in  relation  to  tuition  assistance
   program  awards  for graduate students; and in relation to 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 oppor-
   tunities 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 relat-
   ing thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (ii)  of  paragraph  a  of  subdivision  3  of
 section  667  of the education law, as amended by section 1 of part B of
 chapter 60 of the laws of 2000, is amended to read as follows:
   (ii) Except for students as noted in subparagraph (iii) of this  para-
 graph, the base amount as determined from subparagraph (i) of this para-
 graph, shall be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction
                                     of base amount
 
 (A) Less than seven thousand        None
     dollars
 (B) Seven thousand dollars or       Seven per centum of excess
     more, but less than eleven      over seven thousand dollars
     thousand dollars
 (C) Eleven thousand dollars or      Two hundred eighty dollars
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09831-01-7

 A. 7431                             2
 
     more, but less than eighteen    plus ten per centum of excess
     thousand dollars                over eleven thousand dollars
 (D) Eighteen thousand dollars or    Nine hundred eighty dollars
     more, but not more than         plus twelve per centum of
     [eighty] ONE HUNDRED            excess over eighteen
     thousand dollars                thousand dollars
   §  2. Subitem (c) of item 1 of clause (A) of subparagraph (i) of para-
 graph a of subdivision 3 of section 667 of the education law, as amended
 by section 1 of part U of chapter 56 of the laws of 2014, is amended  to
 read as follows:
   (c) For students first receiving aid in two thousand--two thousand one
 and  thereafter,  five thousand dollars, except starting in two thousand
 fourteen-two thousand fifteen and thereafter such students shall receive
 five thousand one hundred sixty-five dollars AND STARTING IN  TWO  THOU-
 SAND SEVENTEEN--TWO THOUSAND EIGHTEEN AND THEREAFTER SUCH STUDENTS SHALL
 RECEIVE SIX THOUSAND FOUR HUNDRED SEVENTY DOLLARS; or
   §  3. Subitem (a) of item 1 of clause (A) of subparagraph (i) of para-
 graph a of subdivision 3 of section 667 of the education law, as amended
 by section 2 of part U of chapter 56 of the laws of 2014, is amended  to
 read as follows:
   (a)  For  students  first receiving aid after nineteen hundred ninety-
 three--nineteen hundred ninety-four and before two  thousand--two  thou-
 sand  one, [four thousand two hundred ninety] FIVE THOUSAND FIVE HUNDRED
 NINETY-FIVE dollars; or
   § 4. Subitem (b) of item 1 of clause (A) of subparagraph (i) of  para-
 graph a of subdivision 3 of section 667 of the education law, as amended
 by  section 3 of part U of chapter 56 of the laws of 2014, is amended to
 read as follows:
   (b) For students first receiving aid in nineteen hundred ninety-three-
 -nineteen hundred ninety-four or earlier, [three thousand seven  hundred
 forty] FIVE THOUSAND FORTY-FIVE dollars; or
   §  5. Subdivision 2 of section 667 of the education law, as amended by
 section 1 of part J of chapter 58 of the laws of  2011,  is  amended  to
 read as follows:
   2.  Duration.  No  undergraduate  shall be eligible for more than four
 academic years of study, or five academic years if the program of  study
 normally requires five years. Students enrolled in a program of remedial
 study,  approved  by the commissioner in an institution of higher educa-
 tion and intended to culminate in a degree in undergraduate study shall,
 for purposes of this section, be considered as enrolled in a program  of
 study  normally  requiring five years. An undergraduate student enrolled
 in an eligible two year program of study approved  by  the  commissioner
 shall  be  eligible  for  no more than three academic years of study. NO
 GRADUATE STUDENT SHALL BE ELIGIBLE FOR MORE THAN FOUR ACADEMIC YEARS  OF
 STUDY  PROVIDED, HOWEVER, THAT NO GRADUATE STUDENT SHALL BE ELIGIBLE FOR
 MORE THAN ONE DEGREE PROGRAM AT  THE  MASTER'S,  FIRST  PROFESSIONAL  OR
 DOCTORATE  LEVEL.  NO STUDENT SHALL BE ELIGIBLE FOR A TOTAL OF MORE THAN
 THE EQUIVALENT OF EIGHT YEARS OF  COMBINED  UNDERGRADUATE  AND  GRADUATE
 STUDY.  Any  semester,  quarter,  or  term  of attendance during which a
 student receives any award under this article, after the effective  date
 of the former scholar incentive program and prior to academic year nine-
 teen  hundred  eighty-nine--nineteen  hundred  ninety,  shall be counted
 toward the maximum term of eligibility for tuition assistance under this
 section, except that any semester, quarter or term of attendance  during
 which  a  student  received  an  award  pursuant  to section six hundred
 sixty-six of this subpart shall be counted as one-half  of  a  semester,

 A. 7431                             3
 
 quarter  or  term, as the case may be, toward the maximum term of eligi-
 bility under this section. Any semester, quarter or term  of  attendance
 during which a student received an award pursuant to section six hundred
 sixty-seven-a  of  this  subpart shall not be counted toward the maximum
 term of eligibility under this section.
   § 6. Paragraph c of subdivision 3 of section 667 of the education law,
 as relettered by section 2 of part J of chapter 58 of the laws of  2011,
 is  relettered  paragraph  d  and  a new paragraph c is added to read as
 follows:
   C. AMOUNT. THE PRESIDENT SHALL MAKE AWARDS TO GRADUATE STUDENTS IN THE
 FOLLOWING AMOUNTS:
   (I) FOR EACH YEAR OF GRADUATE STUDY, ASSISTANCE SHALL BE  PROVIDED  AS
 COMPUTED  ON  THE BASIS OF THE AMOUNT WHICH IS THE LESSER OF THE FOLLOW-
 ING:
   (A) FIVE HUNDRED FIFTY DOLLARS; OR
   (B) ONE HUNDRED PERCENT OF THE AMOUNT OF TUITION CHARGED (EXCLUSIVE OF
 EDUCATIONAL FEES).
   (II) EXCEPT FOR STUDENTS AS NOTED IN SUBPARAGRAPH (III) OF THIS  PARA-
 GRAPH,  THE  BASE AMOUNT AS DETERMINED IN SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH, SHALL BE REDUCED IN RELATION TO INCOME AS FOLLOWS:
 AMOUNT OF INCOME                        SCHEDULE OF REDUCTION OF
                                         BASE AMOUNT
 (A) LESS THAN TWO THOUSAND DOLLARS      NONE
 (B) TWO THOUSAND DOLLARS OR MORE, BUT   SEVEN AND SEVEN-TENTHS
 NOT MORE THAN TWENTY THOUSAND DOLLARS   PER CENTUM OF THE EXCESS
                                         OVER TWO
                                         THOUSAND DOLLARS
   (III) FOR STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL  INCOME
 AND WERE SINGLE WITH NO DEPENDENT FOR INCOME TAX PURPOSES DURING THE TAX
 YEAR NEXT PRECEDING THE ACADEMIC YEAR FOR WHICH APPLICATION IS MADE, THE
 BASE  AMOUNT  AS DETERMINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, SHALL
 BE REDUCED IN RELATION TO INCOME AS FOLLOWS:
 AMOUNT OF INCOME                        SCHEDULE OF REDUCTION
                                         OF BASE AMOUNT
 (A) LESS THAN ONE THOUSAND DOLLARS      NONE
 (B) ONE THOUSAND DOLLARS OR MORE,       TWENTY-SIX PER CENTUM OF THE
 BUT NOT MORE THAN FIVE THOUSAND         EXCESS OVER ONE
 SIX HUNDRED SIXTY-SIX DOLLARS           THOUSAND DOLLARS
   (IV) IF THE AMOUNT OF REDUCTION IS NOT A WHOLE  DOLLAR,  IT  SHALL  BE
 REDUCED TO THE NEXT LOWEST WHOLE DOLLAR.
   (V)  THE  AWARD  SHALL BE THE NET AMOUNT OF THE BASE AMOUNT DETERMINED
 PURSUANT TO SUBPARAGRAPH (II) OR (III) OF THIS PARAGRAPH BUT  THE  AWARD
 SHALL  NOT  BE REDUCED BELOW SEVENTY-FIVE DOLLARS. IF THE INCOME EXCEEDS
 THE MAXIMUM AMOUNT OF INCOME ALLOWABLE UNDER SUBPARAGRAPH (II) OR  (III)
 OF THIS PARAGRAPH, NO AWARD SHALL BE MADE.
   §  7. Subdivision 5 of section 663 of the education law, as amended by
 section 3 of part J of chapter 58 of the laws of  2011,  is  amended  to
 read as follows:
   5.  Adjustments of income.  A. EXCEPT FOR PURPOSES OF PARAGRAPHS A AND
 B OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-SEVEN OF THIS  PART,
 IF,  DURING  THE  ACADEMIC  YEAR  IN WHICH THE APPLICANT WILL RECEIVE AN
 AWARD, ONE OR MORE OF EITHER THE  PARENTS  OF  THE  APPLICANT  OR  OTHER
 DEPENDENT  CHILDREN OF SUCH PARENTS, THE SPOUSE OF THE APPLICANT, OR ONE
 OR MORE DEPENDENT CHILDREN OF THE APPLICANT, IN ADDITION TO  THE  APPLI-
 CANT,  WILL  BE  IN  FULL-TIME  ATTENDANCE  IN  AN APPROVED PROGRAM, THE
 COMBINED NET TAXABLE INCOME DETERMINED UNDER  SUBDIVISION  ONE  OF  THIS

 A. 7431                             4
 
 SECTION  SHALL  BE  DIVIDED BY THE TOTAL NUMBER OF THE AFORESAID PERSONS
 (INCLUDING THE APPLICANT) WHO  WILL  BE  IN  SUCH  ATTENDANCE,  AND  THE
 RESULTING  QUOTIENT SHALL BE DEEMED THE APPLICABLE INCOME IN DETERMINING
 THE APPLICANT'S AWARD FOR SUCH ACADEMIC YEAR.
   B.  In  the determination of income for purposes of paragraphs a and b
 of subdivision three of section six hundred sixty-seven of this part if,
 during the academic year in which the applicant will receive  an  award,
 one  of  either the parents of the applicant or other dependent child of
 such parents, the spouse of the applicant,  or  one  or  more  dependent
 children  of  the  applicant,  in  addition to the applicant, will be in
 full-time attendance in an approved program, the  combined  net  taxable
 income determined under subdivision one of this section shall be reduced
 by  three  thousand  dollars  and an additional two thousand dollars for
 each other such person additional to the  aforesaid  persons  (including
 the  applicant) who will be in such attendance, and the resulting amount
 shall be deemed the applicable income  in  determining  the  applicant's
 award for the academic year.
   § 8. Paragraph a of subdivision 3 of section 663 of the education law,
 as  amended by section 4 of part J of chapter 58 of the laws of 2011, is
 amended to read as follows:
   a. In determining the amount of an award for GRADUATE AND  UNDERGRADU-
 ATE students, the income of the parents shall be excluded if the student
 has been emancipated from his parents.
   §  9. The opening paragraph of subparagraph 1 of paragraph b of subdi-
 vision 3 of section 663 of the education law, as amended by section 5 of
 part J of chapter 58 of the laws of 2011, is amended to read as follows:
   The applicant is a student who was married on or before December thir-
 ty-first of the calendar year prior to the  beginning  of  the  academic
 year  for  which  application is made or is an undergraduate student who
 has reached the age of twenty-two on or before June thirtieth  prior  to
 the  academic  year  for  which  application  is  made  OR IS A GRADUATE
 STUDENT, and who, during the calendar year next preceding the  semester,
 quarter  or  term of attendance for which application is made and at all
 times subsequent thereto up to and including the entire period for which
 application is made:
   § 10. Paragraph d of subdivision 3 of section  663  of  the  education
 law,  as  amended  by  section  6 of part J of chapter 58 of the laws of
 2011, is amended to read as follows:
   d. Any GRADUATE OR undergraduate student who was  allowed  to  exclude
 parental  income  pursuant  to  the  provisions  of subdivision three of
 section six hundred three of this chapter as they existed prior to  July
 first, nineteen hundred seventy-four may continue to exclude such income
 for so long as he continues to comply with such provisions.
   § 11. Subdivision 3 of section 661 of the education law is REPEALED.
   §  12.  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

 A. 7431                             5
 
 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.
   § 13. 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 GRADUATE 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

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   (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.
   §  14.  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.
   § 15. 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.
   § 16. 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.
   § 17. 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)

 A. 7431                             7
 
 OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE
 OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   §  18.  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.
   §  19.  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.
   §  19-a. Paragraph d of subdivision 3 of section 6451 of the education
 law, as amended by chapter 494 of the laws of 2016, 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;
   § 20. 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.
   §  21. 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

 A. 7431                             8
 
 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 HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   § 22. 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.

 A. 7431                             9
 
   (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.
   §  23.  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  SEVEN-
 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;
   §  24.  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  SEVENTEEN  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
   §  25.  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.

 A. 7431                            10
 
   § 26. This act shall take effect July 1, 2017; 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 provided, further, that if chapter 494  of  the  laws  of
 2016  shall  not  have  taken effect on or before such date then section
 nineteen-a of this act shall take effect on the same  date  and  in  the
 same manner as such chapter of the laws of 2016 takes effect.