A00022 Summary:

BILL NOA00022
 
SAME ASSAME AS S01257-A
 
SPONSORMoya (MS)
 
COSPNSRCrespo, Rivera, Kim, Farrell, Aubry, Weprin, Jaffee, Brennan, Thiele, Roberts, Lavine, Ortiz, Kavanagh, O'Donnell, Scarborough, Robinson, Benedetto, Simotas, Rosenthal, Perry, Schimel, Cahill, Ramos, Clark, Miller, DenDekker, Arroyo, Kellner, Paulin, Sepulveda, Rozic
 
MLTSPNSRCymbrowitz, Dinowitz, Gottfried, Hevesi, Hooper, Lifton, Millman, Nolan, Russell, Solages
 
Rpld S661 sub 3, sub 4 b-1 sub (i), sub 5 a & b, amd SS661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L
 
Establishes the New York state dream act; provides certain higher education eligibility benefits to undocumented immigrants that satisfy certain criteria.
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A00022 Actions:

BILL NOA00022
 
01/09/2013referred to governmental operations
01/08/2014referred to governmental operations
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A00022 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A22
 
SPONSOR: Moya (MS)
  TITLE OF BILL: An act to amend the education law, in relation to the New York state dream act; and to repeal certain provisions of such law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: To provide access to state, city, town and/or village-funded financial aid programs, including, but not limited to grants, loans and scholarships.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 entitles the bill the "New York State Dream Act". Section 2 of the bill amends Education Law § 661(3) and sets forth the qualifications for an undocumented student to take advantage of scholar- ship programs administered by the state. Section 2 creates and defines the term "Qualified Students" which establishes the eligibility require- ments for applicants for loans and award at the undergraduate and gradu- ate level of study. This definition of "Qualified Students" expands the eligibility requirements to people without lawful immigration status as long as they fulfill the other requirements outlined by the statute. Section 3 of the bill repeals Education Law § 661(4)(b-1)(1), which establishes a citizenship requirement for the tuition assistance program. Section 4 of the bill repeals Education Law § 661(5)(a) and (b). Section 5 of the bill amends Education Law § 661(5)(d) to clarify that if an applicant for tuition assistance does not have a New York State 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 6 of the bill amends Education Law § 661(5)(e) so that any member, or the spouse or dependent of a member, of the armed forces of the United States on full-time active duty and stationed in this state is eligible for awards and loans, regardless of whether or not they are a "Qualified Student." Section 7 of the bill would add a new Education Law § 355(2)(11)(10) to provide that Qualified Students at SUNY may have the payment of tuition and other fees and charges reduced by loans and awards. Section 8 of the bill adds a new Education Law § 6206(7)(d) to provide that Qualified Students at CUNY may have the payment of tuition and other fees and charges reduced by loans and awards. Section 9 of the bill adds a new Education Law § 6305(8-a) to provide that Qualified Students at community colleges may have the payment of tuition and other fees and charges reduced by loans and awards. Sections 10 and 11 of the bill amend Education Law §§ 6451(3)(d) and 6452(4)(v) to allow undocumented students who participate in the higher education programs to receive supplemental financial assistance provided that the student meets the requirements in Education Law 661(3)(a)(ii) or (b)(ii). Section 12 of the bill amends Education Law § 6455(2)(a) to allow an undergraduate applicant for the college science and technology entry program who is not a resident of the state to be eligible for an award at the undergraduate level of study provided that he or she is a "Quali- fied Student" as defined in Education Law § 661(3), as amended by Section 2 of this bill. Section 13 of the bill amends Education Law § 6455(3)(a) to provide that Qualified Students at the graduate level of study may have the payment of tuition and other fees and charges reduced by loans and awards. Section 14 of the bill amends Education Law §§ 695-e(2)(a)(i) and (a)(iii) to allow individuals with a taxpayer identification number (ITIN) to open a family tuition account and/or be a designated benefici- ary under the New York State College Tuition Savings Program, unless the account was in effect prior to the effective date of this chapter does not allow for an ITIN, in which case an ITIN shall be allowed upon expi- ration of the contract. Section 15 is the effective date.   JUSTIFICATION: As a state with one of the largest immigrant popu- lations, NY should be at the forefront of progressive immigration poli- cies, pushing back on the tide of national and local anti-immigrant policies. The NY Dream Act will respect the dignity and contributions of undocumented youth in the state by giving them access to state financial aid programs. This bill is about access to education, but it is also about providing a pathway to economic prosperity for both the individual receiving the education and for the state. Increasing the education level of workers also increases their productivity, and the more highly educated the state's labor force, the more attractive the state is as a place to locate business. There are currently an estimated 475,000 undocumented immigrants in the New York State labor force. Having large numbers of undocumented workers should not be considered a permanent situation; federal reform is urgently needed to fix immigration policy. But gridlock at the federal level should not prevent New York State from investing in its own econo- my. The National Skills Coalition (NSC) reports that New York is facing a shortage of workers who have the required skill level for most job openings. New York would benefit greatly from undocumented students receiving access to a college education. In fact, NSC also estimates that 39% of all future job openings will require at least an associate's degree. Furthermore, it is universally accepted that those who pay taxes should benefit from those taxes, whether those benefits be public safety or access to higher education. According to the Institute for Taxation and Economic Policy, undocumented immigrants paid over $662 million in taxes to New York State in 2010, making it the state with the fourth highest revenue in taxes from undocumented immigrants. They paid approximately; $104.4 million in personal income taxes, $95 million in property taxes, and over $463 million in sales taxes. Despite an unprecedented year of action taken by undocumented youth, the United States Congress failed to pass the DREAM Act in 2010. This has left undocumented youth in NY without any form of relief, It is now up to the State of NY to provide dignity and recognition for these promis- ing and deserving young people.   PRIOR LEGISLATIVE HISTORY: 01/04/12 referred to governmental operations 04/04/11 referred to governmental operations   FISCAL IMPLICATIONS: As per the analysis of the Fiscal Policy Insti- tute as well as the State Education Department, it is estimated that this legislation will only cost an additional 1% or 2% of current TAP funding.   EFFECTIVE DATE: July 1, 2014.
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A00022 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           22
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  MOYA,  CRESPO,  RIVERA, KIM, FARRELL, AUBRY,
          CASTRO, WEPRIN, JAFFEE,  BRENNAN,  THIELE,  ROBERTS,  GIBSON,  LAVINE,
          ORTIZ, KAVANAGH, O'DONNELL, SCARBOROUGH, ROBINSON, BENEDETTO, SIMOTAS,
          ROSENTHAL,  BOYLAND, STEVENSON, PERRY, MAISEL, SCHIMEL, CAHILL, RAMOS,

          ESPINAL, CLARK, MILLER, DenDEKKER, ARROYO, KELLNER, PAULIN  --  Multi-
          Sponsored  by  --  M.  of  A. CYMBROWITZ, DINOWITZ, GOTTFRIED, HOOPER,
          LIFTON, MILLMAN, NOLAN, RUSSELL --  read  once  and  referred  to  the
          Committee on Governmental Operations
 
        AN  ACT  to  amend  the education law, in relation to the New York state
          dream act; and to repeal certain provisions of such law relating ther-
          eto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "New York state dream act".
     3    § 2. Subdivision 3 of section 661 of the education law is REPEALED and
     4  a new subdivision 3 is added to read as follows:
     5    3. Qualifications. a. Qualified student for an award at the undergrad-

     6  uate level of study. A qualified student for an award at the undergradu-
     7  ate level of study shall mean:
     8    (i) an individual, other than one deemed to be not lawfully present in
     9  the United States as used in 8 U.S.C. § 1623, who has been a resident of
    10  the state for at least one year immediately preceding the  beginning  of
    11  the  semester,  quarter  or term of attendance for which application for
    12  assistance is made; or
    13    (ii) an individual, other than one deemed to be not  lawfully  present
    14  in  the  United  States as used in 8 U.S.C. § 1623, who is a resident of
    15  the state and was a resident of the state during his  or  her  last  two
    16  semesters  of high school either prior to graduation, or prior to admis-

    17  sion to college; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00278-01-3

        A. 22                               2
 
     1    (iii) an individual who:
     2    (1)  attended  an approved New York high school for two or more years,
     3  graduated from an approved New York high school, and applied for attend-
     4  ance at an institution or educational unit of the state university with-
     5  in five years of receiving a New York state high school diploma; or
     6    (2) attended an approved New York state program for general equivalen-
     7  cy diploma exam preparation,  received  a  general  equivalency  diploma

     8  issued  within New York state, and applied for attendance at an institu-
     9  tion or educational unit of the state university within  five  years  of
    10  receiving a general equivalency diploma issued within New York state; or
    11    (3)  is  otherwise  eligible  for the payment of tuition and fees at a
    12  rate no greater than that imposed for resident  students  of  the  state
    13  university  of  New  York,  the city university of New York or community
    14  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
    15  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
    16  vision seven of section sixty-two hundred six of this chapter.
    17    In addition to clauses one, two, and three of  this  subparagraph,  if

    18  the individual is deemed to be not lawfully present in the United States
    19  as  used  in 8 U.S.C. § 1623, then such individual must have entered the
    20  United States before the age of eighteen and be under the age  of  thir-
    21  ty-five at the time of application for loans and awards.
    22    b.  Qualified  student  for an award at the graduate level of study. A
    23  qualified student for an award at the  graduate  level  of  study  shall
    24  mean:
    25    (i) an individual, other than one deemed to be not lawfully present in
    26  the United States as used in 8 U.S.C. § 1623, who has been a resident of
    27  the  state  for at least one year immediately preceding the beginning of
    28  the semester, quarter or term of attendance for  which  application  for

    29  assistance is made; or
    30    (ii)  an  individual, other than one deemed to be not lawfully present
    31  in the United States as used in 8 U.S.C. § 1623, who is  a  resident  of
    32  the  state  and  was  a resident of the state during his or her last two
    33  semesters of high school either prior to graduation, or prior to  admis-
    34  sion to college; or
    35    (iii) an individual who:
    36    (1)  attended  an  approved New York state high school for two or more
    37  years, graduated from an  approved  New  York  state  high  school,  and
    38  applied  for  attendance  at the institution of higher education for the
    39  graduate study for which an award is sought within ten years of  receiv-
    40  ing a New York state high school diploma; or

    41    (2)  attended  an  approved  New  York  state program for a state high
    42  school equivalency diploma, received a  state  high  school  equivalency
    43  diploma,  and applied for attendance at the institution of higher educa-
    44  tion for the graduate study for which an  award  is  sought  within  ten
    45  years of receiving a state high school equivalency diploma; or
    46    (3)  is  otherwise  eligible  for the payment of tuition and fees at a
    47  rate no greater than that imposed for resident  students  of  the  state
    48  university  of  New  York,  the city university of New York or community
    49  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
    50  sion  two of section three hundred fifty-five or paragraph (a) of subdi-

    51  vision seven of section sixty-two hundred six of this chapter.
    52    In addition to clauses one, two, and three of  this  subparagraph,  if
    53  the individual is deemed to be not lawfully present in the United States
    54  as  used  in 8 U.S.C. § 1623, then such individual must have entered the
    55  United States before the age of eighteen and be under the age  of  thir-
    56  ty-five at the time of application for loans and awards.

        A. 22                               3
 
     1    c.  Notwithstanding subparagraph (iii) of paragraph a of this subdivi-
     2  sion, an individual shall be deemed a qualified student for an award  at
     3  the  undergraduate level of study for a period of five years immediately

     4  following the implementation of the New York state  dream  act  provided
     5  that the individual:
     6    (i)  attended  an approved New York high school for two or more years,
     7  graduated from an approved New York high school, and applied for attend-
     8  ance or is enrolled at an institution or educational unit of  the  state
     9  university; or
    10    (ii)  attended  an  approved New York state program for general equiv-
    11  alency diploma exam preparation, received a general equivalency  diploma
    12  issued  within New York state, and applied for attendance or is enrolled
    13  at an institution or educational unit of the state university.
    14    In addition to subparagraphs (i) and (ii) of this  paragraph,  if  the

    15  individual  is deemed to be not lawfully present in the United States as
    16  used in 8 U.S.C. § 1623, then such  individual  must  have  entered  the
    17  United  States  before the age of eighteen and be under the age of thir-
    18  ty-five at the time of application for loans and awards.
    19    d. Notwithstanding subparagraph (iii) of paragraph b of this  subdivi-
    20  sion,  an individual shall be deemed a qualified student for an award at
    21  the graduate level of study  for  a  period  of  ten  years  immediately
    22  following  the  implementation  of the New York state dream act provided
    23  that the individual:
    24    (i) attended an approved New York high school for two or  more  years,
    25  graduated from an approved New York high school, and applied for attend-

    26  ance  or  is enrolled at an institution or educational unit of the state
    27  university; or
    28    (ii) attended an approved New York state program  for  general  equiv-
    29  alency  diploma exam preparation, received a general equivalency diploma
    30  issued within New York state, and applied for attendance or is  enrolled
    31  at an institution or educational unit of the state university;
    32    In  addition  to  subparagraphs (i) and (ii) of this paragraph, if the
    33  individual is deemed to be not lawfully present in the United States  as
    34  used  in  8  U.S.C.  §  1623, then such individual must have entered the
    35  United States before the age of eighteen and be under the age  of  thir-
    36  ty-five at the time of application for loans and awards.

    37    § 3. Subparagraph (i) of paragraph b-1 of subdivision 4 of section 661
    38  of the education law is REPEALED.
    39    §  4. Paragraphs a and b of subdivision 5 of section 661 of the educa-
    40  tion law are REPEALED.
    41    § 5. Paragraph d of subdivision 5 of section 661 of the education law,
    42  as amended by chapter 844 of the laws of 1975, is  amended  to  read  as
    43  follows:
    44    d.  If  an  applicant for an award allocated on a geographic basis has
    45  more than one residence in this state, his  or  her  residence  for  the
    46  purpose  of  this  article shall be his or her place of actual residence
    47  during the major part of the year while attending school, as  determined
    48  by the commissioner; and further provided that an applicant who does not
    49  have  a residence in this state and is eligible for an award pursuant to

    50  paragraph a, b, c or d of subdivision three of  this  section  shall  be
    51  deemed  to  reside  in  the geographic area of the institution of higher
    52  education in which he or she attends for purposes of an award  allocated
    53  on a geographic basis.
    54    § 6. Paragraph e of subdivision 5 of section 661 of the education law,
    55  as  added  by  chapter  630  of  the laws of 2005, is amended to read as
    56  follows:

        A. 22                               4
 
     1    e. Notwithstanding any other provision of this article to the  contra-
     2  ry,  the  New  York state [residency] eligibility [requirement] require-
     3  ments for receipt of awards set forth in paragraph  a,  b,  c  or  d  of

     4  subdivision  three of this section is waived for a member, or the spouse
     5  or  dependent  of  a member, of the armed forces of the United States on
     6  full-time active duty and stationed in this state.
     7    § 7. Paragraph h of subdivision 2 of section 355 of the education  law
     8  is amended by adding a new subparagraph 10 to read as follows:
     9    (10)  Such  regulations  shall further provide that any student who is
    10  not a resident of New York state but is a "qualified student" as defined
    11  in paragraph a, b, c or d of subdivision three of  section  six  hundred
    12  sixty-one  of  this  chapter,  may have the payment of tuition and other
    13  fees and charges reduced by state-aided programs, scholarships or  other
    14  financial  assistance awarded under the provisions of articles thirteen,

    15  thirteen-a, fourteen and fourteen-a of this chapter.
    16    § 8. Subdivision 7 of section 6206 of the education law is amended  by
    17  adding a new paragraph (d) to read as follows:
    18    (d)  The  trustees shall further provide that any student who is not a
    19  resident of New York state but is a "qualified student"  as  defined  in
    20  paragraph  a,  b,  c  or  d  of subdivision three of section six hundred
    21  sixty-one of this chapter, may have the payment  of  tuition  and  other
    22  fees  and charges reduced by state-aided programs, scholarships or other
    23  financial assistance awarded under the provisions of articles  thirteen,
    24  thirteen-a, fourteen and fourteen-a of this chapter.
    25    §  9.  Section  6305  of  the education law is amended by adding a new
    26  subdivision 8-a to read as follows:

    27    8-a. The payment of tuition and other fees and charges  of  a  student
    28  who  is  attending  a community college and who is not a resident of New
    29  York state but is a "qualified student" as defined in paragraph a, b,  c
    30  or d of subdivision three of section six hundred sixty-one of this chap-
    31  ter,  may  be  reduced  by  state-aided programs, scholarships and other
    32  financial assistance awarded under the provisions of articles  thirteen,
    33  thirteen-a,  fourteen  and fourteen-a or any other article of this chap-
    34  ter.
    35    § 10. Paragraph d of subdivision 3 of section 6451  of  the  education
    36  law,  as  amended by chapter 149 of the laws of 1972, is amended to read
    37  as follows:
    38    d. Any necessary supplemental financial assistance, which may  include

    39  the  cost of books and necessary maintenance for such enrolled students,
    40  including students without lawful immigration status provided  that  the
    41  student is a "qualified student" as defined in paragraph a, b, c or d of
    42  subdivision  three  of  section  six  hundred sixty-one of this chapter;
    43  provided, however, that such supplemental financial assistance shall  be
    44  furnished  pursuant to criteria promulgated by the commissioner with the
    45  approval of the director of the budget.
    46    § 11. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
    47  of the education law, as added by chapter 917 of the laws  of  1970,  is
    48  amended to read as follows:
    49    (v) Any necessary supplemental financial assistance, which may include
    50  the cost of books and necessary maintenance for such students, including

    51  students  without lawful immigration status provided that the student is
    52  a "qualified student" as defined in paragraph a, b, c or d  of  subdivi-
    53  sion  three  of section six hundred sixty-one of this chapter; provided,
    54  however, that such supplemental financial assistance shall be  furnished
    55  pursuant  to  criteria  promulgated by such universities and approved by
    56  the regents and the director of the budget.

        A. 22                               5
 
     1    § 12. Paragraph (a) of subdivision 2 of section 6455 of the  education
     2  law,  as added by chapter 285 of the laws of 1986, is amended to read as
     3  follows:
     4    (a)  Undergraduate  science and technology entry program moneys may be
     5  used for tutoring, counseling,  remedial  and  special  summer  courses,

     6  supplemental  financial  assistance,  program  administration, and other
     7  activities which the commissioner may deem appropriate. To  be  eligible
     8  for  undergraduate  collegiate  science  and  technology  entry  program
     9  support, a student must be [a resident of New York who is] a  "qualified
    10  student"  pursuant to paragraph a or paragraph c of subdivision three of
    11  section six hundred sixty-one of this chapter and must be either econom-
    12  ically disadvantaged or from a minority group  historically  underrepre-
    13  sented   in   the   scientific,  technical,  health  and  health-related
    14  professions, and [who demonstrates] must demonstrate interest in  and  a
    15  potential for a professional career if provided special services. Eligi-
    16  ble students must be in good academic standing, enrolled full time in an

    17  approved,  undergraduate  level  program  of  study,  as  defined by the
    18  regents.
    19    § 13. Paragraph (a) of subdivision 3 of section 6455 of the  education
    20  law,  as added by chapter 285 of the laws of 1986, is amended to read as
    21  follows:
    22    (a) Graduate science and technology entry program moneys may  be  used
    23  for  recruitment,  academic  enrichment,  career  planning, supplemental
    24  financial assistance, review for licensing examinations, program  admin-
    25  istration,  and  other activities which the commissioner may deem appro-
    26  priate. To be eligible for graduate collegiate  science  and  technology
    27  entry program support, a student must be [a resident of New York who is]
    28  a "qualified student" pursuant to paragraph b or paragraph d of subdivi-
    29  sion  three of section six hundred sixty-one of this chapter and must be

    30  either economically disadvantaged or from a minority group  historically
    31  underrepresented   in   the  scientific,  technical  and  health-related
    32  professions and must demonstrate an interest in and a  potential  for  a
    33  professional  career  if  provided special services.   Eligible students
    34  must be in good academic standing, enrolled full  time  in  an  approved
    35  graduate level program, as defined by the regents.
    36    §  14.  Subparagraphs (i) and (iii) of paragraph a of subdivision 2 of
    37  section 695-e of the education law, as amended by  chapter  593  of  the
    38  laws of 2003, are amended to read as follows:
    39    (i)  the name, address and social security number [or], employer iden-
    40  tification number or individual taxpayer identification  number  of  the

    41  account  owner  unless a family tuition account that was in effect prior
    42  to the effective date of the New York state dream act does not allow for
    43  a taxpayer identification number, in which case a  taxpayer  identifica-
    44  tion number shall be allowed upon the expiration of the contract;
    45    (iii)  the  name,  address, and social security number, employer iden-
    46  tification number, or individual taxpayer identification number  of  the
    47  designated  beneficiary,  unless  a  family  tuition account that was in
    48  effect prior to the effective date of the chapter of  the  laws  of  two
    49  thousand  thirteen  that  amended this subparagraph does not allow for a
    50  taxpayer identification number, in which case a taxpayer  identification

    51  number shall be allowed upon the expiration of the contract; and
    52    § 15. This act shall take effect July 1, 2014.
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