S04179 Summary:

BILL NO    S04179D

SAME AS    SAME AS A06829-D

SPONSOR    PERKINS

COSPNSR    ADAMS, AVELLA, BRESLIN, DIAZ, DILAN, DUANE, ESPAILLAT, GIANARIS,
           HASSELL-THOMPSON, HUNTLEY, KLEIN, KRUEGER, MONTGOMERY, OPPENHEIMER,
           PARKER, PERALTA, RIVERA, SAMPSON, SERRANO, SMITH, SQUADRON, STAVISKY,
           STEWART-COUSINS

MLTSPNSR   

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, providing certain people with access
to state-, city-, town-, and/or village-funded financial aid programs.
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S04179 Actions:

BILL NO    S04179D

03/22/2011 REFERRED TO FINANCE
11/30/2011 AMEND AND RECOMMIT TO FINANCE
11/30/2011 PRINT NUMBER 4179A
12/06/2011 AMEND AND RECOMMIT TO FINANCE
12/06/2011 PRINT NUMBER 4179B
01/04/2012 REFERRED TO FINANCE
02/24/2012 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
03/12/2012 COMMITTEE DISCHARGED AND COMMITTED TO RULES
03/23/2012 AMEND AND RECOMMIT TO RULES
03/23/2012 PRINT NUMBER 4179C
05/21/2012 AMEND (T) AND RECOMMIT TO RULES
05/21/2012 PRINT NUMBER 4179D
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S04179 Votes:

There are no votes for this bill in this legislative session.
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S04179 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4179--D
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                     March 22, 2011
                                       ___________
 
        Introduced by Sens. PERKINS, ADAMS, AVELLA, BRESLIN, DIAZ, DILAN, DUANE,
          ESPAILLAT,  GIANARIS, HASSELL-THOMPSON, HUNTLEY, KLEIN, KRUEGER, MONT-
          GOMERY, OPPENHEIMER, PARKER, PERALTA, RIVERA, SAMPSON, SERRANO, SMITH,
          SQUADRON, STAVISKY, STEWART-COUSINS -- read twice and ordered printed,
          and when printed to be  committed  to  the  Committee  on  Finance  --

          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          recommitted to the Committee on Finance in accordance with Senate Rule
          6, sec. 8 -- committee discharged  and  said  bill  committed  to  the
          Committee  on  Rules  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said  committee  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend  the education law, in relation to the New York State
          dream act; and to repeal certain provisions of such law relating ther-
          eto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

 
     1    Section  1.  This act shall be known and may be cited as the "New York
     2  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
 

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

        S. 4179--D                          2
 
     1    (ii) an individual, other than one deemed to be not  lawfully  present
     2  in  the  United  States as used in 8 U.S.C. § 1623, who is a resident of
     3  the state and was a resident of the state during his  or  her  last  two
     4  semesters  of high school either prior to graduation, or prior to admis-
     5  sion to college; or
     6    (iii) an individual who:
     7    (1)  attended  an approved New York high school for two or more years,

     8  graduated from an approved New York high school, and applied for attend-
     9  ance at an institution or educational unit of the state university with-
    10  in five years of receiving a New York state high school diploma; or
    11    (2) attended an approved New York state program for general equivalen-
    12  cy diploma exam preparation,  received  a  general  equivalency  diploma
    13  issued  within New York state, and applied for attendance at an institu-
    14  tion or educational unit of the state university within  five  years  of
    15  receiving a general equivalency diploma issued within New York state; or
    16    (3)  is  otherwise  eligible  for the payment of tuition and fees at a
    17  rate no greater than that imposed for resident  students  of  the  state

    18  university  of  New  York,  the city university of New York or community
    19  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
    20  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
    21  vision seven of section sixty-two hundred six of this chapter.
    22    In addition to clauses one, two, and three of  this  subparagraph,  if
    23  the individual is deemed to be not lawfully present in the United States
    24  as  used  in 8 U.S.C. § 1623, then such individual must have entered the
    25  United States before the age of eighteen and be under the age  of  thir-
    26  ty-five at the time of application for loans and awards.
    27    b.  Qualified  student  for an award at the graduate level of study. A

    28  qualified student for an award at the  graduate  level  of  study  shall
    29  mean:
    30    (i) an individual, other than one deemed to be not lawfully present in
    31  the United States as used in 8 U.S.C. § 1623, who has been a resident of
    32  the  state  for at least one year immediately preceding the beginning of
    33  the semester, quarter or term of attendance for  which  application  for
    34  assistance is made; or
    35    (ii)  an  individual, other than one deemed to be not lawfully present
    36  in the United States as used in 8 U.S.C. § 1623, who is  a  resident  of
    37  the  state  and  was  a resident of the state during his or her last two
    38  semesters of high school either prior to graduation, or prior to  admis-
    39  sion to college; or

    40    (iii) an individual who:
    41    (1)  attended  an  approved New York state high school for two or more
    42  years, graduated from an  approved  New  York  state  high  school,  and
    43  applied  for  attendance  at the institution of higher education for the
    44  graduate study for which an award is sought within ten years of  receiv-
    45  ing a New York state high school diploma; or
    46    (2)  attended  an  approved  New  York  state program for a state high
    47  school equivalency diploma, received a  state  high  school  equivalency
    48  diploma,  and applied for attendance at the institution of higher educa-
    49  tion for the graduate study for which an  award  is  sought  within  ten
    50  years of receiving a state high school equivalency diploma; or

    51    (3)  is  otherwise  eligible  for the payment of tuition and fees at a
    52  rate no greater than that imposed for resident  students  of  the  state
    53  university  of  New  York,  the city university of New York or community
    54  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
    55  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
    56  vision seven of section sixty-two hundred six of this chapter.

        S. 4179--D                          3
 
     1    In addition to clauses one, two, and three of  this  subparagraph,  if
     2  the individual is deemed to be not lawfully present in the United States
     3  as  used  in 8 U.S.C. § 1623, then such individual must have entered the

     4  United States before the age of eighteen and be under the age  of  thir-
     5  ty-five at the time of application for loans and awards.
     6    c.  Notwithstanding subparagraph (iii) of paragraph a of this subdivi-
     7  sion, an individual shall be deemed a qualified student for an award  at
     8  the  undergraduate level of study for a period of five years immediately
     9  following the implementation of the New York State  Dream  Act  provided
    10  that the individual:
    11    (i)  attended  an approved New York high school for two or more years,
    12  graduated from an approved New York high school, and applied for attend-
    13  ance or is enrolled at an institution or educational unit of  the  state
    14  university; or

    15    (ii)  attended  an  approved New York state program for general equiv-
    16  alency diploma exam preparation, received a general equivalency  diploma
    17  issued  within New York state, and applied for attendance or is enrolled
    18  at an institution or educational unit of the state university.
    19    In addition to subparagraphs (i) and (ii) of this  paragraph,  if  the
    20  individual  is deemed to be not lawfully present in the United States as
    21  used in 8 U.S.C. § 1623, than such  individual  must  have  entered  the
    22  United  States  before the age of eighteen and be under the age of thir-
    23  ty-five at the time of application for loans and awards.
    24    d. Notwithstanding subparagraph (iii) of paragraph b of this  subdivi-

    25  sion,  an individual shall be deemed a qualified student for an award at
    26  the graduate level of study  for  a  period  of  ten  years  immediately
    27  following  the  implementation  of the New York State Dream Act provided
    28  that the individual:
    29    (i) attended an approved New York high school for two or  more  years,
    30  graduated from an approved New York high school, and applied for attend-
    31  ance  or  is enrolled at an institution or educational unit of the state
    32  university; or
    33    (ii) attended an approved New York state program  for  general  equiv-
    34  alency  diploma exam preparation, received a general equivalency diploma
    35  issued within New York state, and applied for attendance or is  enrolled

    36  at an institution or educational unit of the state university;
    37    In  addition  to  subparagraphs (i) and (ii) of this paragraph, if the
    38  individual is deemed to be not lawfully present in the United States  as
    39  used  in  8  U.S.C.  §  1623, then such individual must have entered the
    40  United States before the age of eighteen and be under the age  of  thir-
    41  ty-five at the time of application for loans and awards.
    42    § 3. Subparagraph (i) of paragraph b-1 of subdivision 4 of section 661
    43  of the education law is REPEALED.
    44    §  4. Paragraph a of subdivision 5 of section 661 of the education law
    45  is REPEALED.
    46    § 5. Paragraph b of subdivision 5 of section 661 of the education  law
    47  is REPEALED.
    48    § 6. Paragraph d of subdivision 5 of section 661 of the education law,

    49  as  amended  by  chapter  844 of the laws of 1975, is amended to read as
    50  follows:
    51    d. If an applicant for an award allocated on a  geographic  basis  has
    52  more  than  one  residence  in  this state, his or her residence for the
    53  purpose of this article shall be his or her place  of  actual  residence
    54  during  the major part of the year while attending school, as determined
    55  by the commissioner; and further provided that an applicant who does not
    56  have a residence in this state and is eligible for an award pursuant  to

        S. 4179--D                          4
 
     1  paragraph  a,  b,  c, or d of subdivision three of this section shall be
     2  deemed to reside in the geographic area of  the  institution  of  higher

     3  education  in which he or she attends for purposes of an award allocated
     4  on a geographic basis.
     5    § 7. Paragraph e of subdivision 5 of section 661 of the education law,
     6  as  added  by  chapter  630  of  the laws of 2005, is amended to read as
     7  follows:
     8    e. Notwithstanding any other provision of this article to the  contra-
     9  ry,  the  New  York state [residency] eligibility [requirement] require-
    10  ments for receipt of awards set forth in paragraph a,  b,  c,  or  d  of
    11  subdivision  three of this section is waived for a member, or the spouse
    12  or dependent of a member, of the armed forces of the  United  States  on
    13  full-time active duty and stationed in this state.
    14    §  8. Paragraph h of subdivision 2 of section 355 of the education law

    15  is amended by adding a new subparagraph 10 to read as follows:
    16    (10) such regulations shall further provide that any  student  who  is
    17  not a resident of New York state but is a "qualified student" as defined
    18  in  paragraph  a, b, c, or d of subdivision three of section six hundred
    19  sixty-one of this chapter, may have the payment  of  tuition  and  other
    20  fees  and charges reduced by state-aided programs, scholarships or other
    21  financial assistance awarded under the provisions of articles  thirteen,
    22  thirteen-a, fourteen and fourteen-a of this chapter.
    23    §  9. Subdivision 7 of section 6206 of the education law is amended by
    24  adding a new paragraph (d) to read as follows:
    25    (d) The trustees shall further provide that any student who is  not  a

    26  resident  of  New  York state but is a "qualified student" as defined in
    27  paragraph a, b, c, or d of subdivision  three  of  section  six  hundred
    28  sixty-one  of  this  chapter,  may have the payment of tuition and other
    29  fees and charges reduced by state-aided programs, scholarships or  other
    30  financial  assistance awarded under the provisions of articles thirteen,
    31  thirteen-a, fourteen and fourteen-a of this chapter.
    32    § 10. Section 6305 of the education law is amended  by  adding  a  new
    33  subdivision 8-a to read as follows:
    34    8-a.  The  payment  of tuition and other fees and charges of a student
    35  who is attending a community college and who is not a  resident  of  New
    36  York state but is a "qualified student" as defined in paragraph a, b, c,

    37  or d of subdivision three of section six hundred sixty-one of this chap-
    38  ter,  may  be  reduced  by  state-aided programs, scholarships and other
    39  financial assistance awarded under the provisions of articles  thirteen,
    40  thirteen-a,  fourteen  and fourteen-a or any other article of this chap-
    41  ter.
    42    § 11. Paragraph d of subdivision 3 of section 6451  of  the  education
    43  law,  as  amended by chapter 149 of the laws of 1972, is amended to read
    44  as follows:
    45    d. Any necessary supplemental financial assistance, which may  include
    46  the  cost of books and necessary maintenance for such enrolled students,
    47  including students without lawful immigration status provided  that  the
    48  student  is  a "qualified student" as defined in paragraph a, b, c, or d

    49  of subdivision three of section six hundred sixty-one of  this  chapter;
    50  provided,  however, that such supplemental financial assistance shall be
    51  furnished pursuant to criteria promulgated by the commissioner with  the
    52  approval of the director of the budget.
    53    § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
    54  of  the  education  law, as added by chapter 917 of the laws of 1970, is
    55  amended to read as follows:

        S. 4179--D                          5
 
     1    (v) Any necessary supplemental financial assistance, which may include
     2  the cost of books and necessary maintenance for such students, including
     3  students without lawful immigration status provided that the student  is
     4  a  "qualified student" as defined in paragraph a, b, c, or d of subdivi-

     5  sion  three  of section six hundred sixty-one of this chapter; provided,
     6  however, that such supplemental financial assistance shall be  furnished
     7  pursuant  to  criteria  promulgated by such universities and approved by
     8  the regents and the director of the budget.
     9    § 13. Paragraph (a) of subdivision 2 of section 6455 of the  education
    10  law,  as added by chapter 285 of the laws of 1986, is amended to read as
    11  follows:
    12    (a) Undergraduate science and technology entry program moneys  may  be
    13  used  for  tutoring,  counseling,  remedial  and special summer courses,
    14  supplemental financial assistance,  program  administration,  and  other
    15  activities  which  the commissioner may deem appropriate. To be eligible
    16  for  undergraduate  collegiate  science  and  technology  entry  program

    17  support,  a student must be [a resident of New York who is] a "qualified
    18  student" pursuant to paragraph a or paragraph c of subdivision three  of
    19  section six hundred sixty-one of this chapter and must be either econom-
    20  ically  disadvantaged  or from a minority group historically underrepre-
    21  sented  in  the  scientific,  technical,   health   and   health-related
    22  professions,  and  [who demonstrates] must demonstrate interest in and a
    23  potential for a professional career if provided special services. Eligi-
    24  ble students must be in good academic standing, enrolled full time in an
    25  approved, undergraduate level  program  of  study,  as  defined  by  the
    26  regents.
    27    §  14. Paragraph (a) of subdivision 3 of section 6455 of the education
    28  law, as added by chapter 285 of the laws of 1986, is amended to read  as

    29  follows:
    30    (a)  Graduate  science and technology entry program moneys may be used
    31  for recruitment,  academic  enrichment,  career  planning,  supplemental
    32  financial  assistance, review for licensing examinations, program admin-
    33  istration, and other activities which the commissioner may  deem  appro-
    34  priate.  To  be  eligible for graduate collegiate science and technology
    35  entry program support, a student must be [a resident of New York who is]
    36  a "qualified student" pursuant to paragraph b or paragraph d of subdivi-
    37  sion three of section six hundred sixty-one of this chapter and must  be
    38  either  economically disadvantaged or from a minority group historically
    39  underrepresented  in  the  scientific,  technical   and   health-related
    40  professions  and  must  demonstrate an interest in and a potential for a

    41  professional career if provided special  services.    Eligible  students
    42  must  be  in  good  academic standing, enrolled full time in an approved
    43  graduate level program, as defined by the regents.
    44    § 15. Subparagraph (i) of paragraph a  of  subdivision  2  of  section
    45  695-e  of  the  education  law, as amended by chapter 593 of the laws of
    46  2003, is amended to read as follows:
    47    (i) the name, address and social security number [or], employer  iden-
    48  tification  number,  or individual taxpayer identification number of the
    49  account owner unless a family tuition account that was in  effect  prior
    50  to  the effective date of the chapter of the laws of two thousand twelve
    51  that amended this subparagraph does not allow for a taxpayer identifica-

    52  tion number, in which case a taxpayer  identification  number  shall  be
    53  allowed upon the expiration of the contract;
    54    §  16.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
    55  695-e of the education law, as amended by chapter 593  of  the  laws  of
    56  2003, is amended to read as follows:

        S. 4179--D                          6
 
     1    (iii)  the  name,  address, and social security number, employer iden-
     2  tification number, or individual taxpayer identification number  of  the
     3  designated  beneficiary,  unless  a  family  tuition account that was in
     4  effect prior to the effective date of the chapter of  the  laws  of  two
     5  thousand  twelve  that  amended  this  subparagraph does not allow for a

     6  taxpayer identification number, in which case a taxpayer  identification
     7  number shall be allowed upon the expiration of the contract; and
     8    § 17. This act shall take effect July 1, 2013.
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