New York State Assembly

 
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A03039 Summary:

A03039 Actions:

A03039 Committee Votes:

Committee:HIGHER EDUCATION   Chair:Glick      
DATE:01/31/2017AYE/NAY:15/9  Action: Favorable refer to committee Ways and Means        
Glick
Aye
Lupinacci
Nay
Gottfried
Aye
Butler
Excused
Magee
Nay
Fitzpatrick
Excused
Englebright
Aye
Ra
Nay
Cahill
Aye
Garbarino
Nay
Paulin
Aye
Morinello
Nay
Lifton
Aye
Norris
Nay
Cusick
Nay
Lupardo
Aye
Peoples-Stokes
Aye
Lavine
Aye
Brindisi
Aye
Simanowitz
Nay
Stirpe
Nay
Fahy
Aye
Pichardo
Aye
Simon
Aye
Harris
Aye
McDonald
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:02/06/2017AYE/NAY:19/11  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Nay
Lentol
Aye
Crouch
Nay
Schimminger
Nay
Barclay
Nay
Gantt
Excused
Fitzpatrick
Nay
Weinstein
Excused
Hawley
Nay
Glick
Excused
Malliotakis
Nay
Nolan
Aye
Walter
Nay
Pretlow
Aye
Montesano
Nay
Perry
Aye
Curran
Nay
Colton
Aye
Ra
Nay
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Excused
Ortiz
Aye
Benedetto
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Excused
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye

Committee:RULES   Chair:Heastie      
DATE:02/06/2017AYE/NAY:20/8  Action: Favorable         
Heastie
Aye
Kolb
Nay
Gottfried
Aye
Oaks
Nay
Lentol
Aye
Butler
Nay
Farrell
Aye
Crouch
Nay
Gantt
Excused
Finch
Nay
Nolan
Aye
Barclay
Nay
Weinstein
Excused
Raia
Nay
Hooper
Aye
Hawley
Nay
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Excused
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A03039 Floor Votes:

A03039 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A3039
 
SPONSOR: Moya (MS)

 
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; eligibil-
ity requirements for assistance under the higher education opportunity
programs and the collegiate science and technology entry program; finan-
cial 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 students.
 
This bill would also eliminate potential financial obstacles to obtain-
ing State financial aid and extend the opportunities for undocumented
students to attend higher education institutions in this State by
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 individ-
uals to open a New York State 529 family tuition account under the New
York State College Tuition Savings Program and/or be a designated bene-
ficiary 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 chil-
dren 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 commis-
sion would be subject to the Freedom of Information Law, the Open Meet-
ings 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 perform-
ance 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 qualifica-
tions. 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 with-
in 5 years of receiving a high school diploma; (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
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, undocumented students would also be required to file an affida-
vit 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)(6) 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 diploma; (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. 14e, provided that the student meets the
requirements in Education Law § S 661(5)(a) (ii) or (h)(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 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
(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: (I)
attended a registered New York high school for 2 or more years, gradu-
ated 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
diploma; (2) attended an approved program for a state high school equiv-
alency 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 equiv-
alency 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, undocumented students would 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 immi-
gration 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 regis-
tered New York high school for 2 or more years, graduated from a regis-
tered New York high school, and applied for attendance at the institu-
tion of higher education for the undergraduate study for which an award
is sought within 10 years of receiving a high school diploma; (2)
attended an approved program for a state high school equivalency diplo-
ma, 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
lees 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 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 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
student 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 applica-
tions would he deemed confidential.
 
Section 18 is the effective date.
 
 
JUSTIFICATION:
 
Currently, New York enables hundreds of thousands of undocumented
students to receive an 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 receiv-
ing 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 students 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 students 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 students 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 Inter-
nal 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-qual-
ity. affordable higher education to hard-working immigrants and would
reinforce our State's commitment to being a beacon of freedom and oppor-
tunity for immigrants.
 
 
PRIOR LEGISLATIVE HISTORY:
 
2013 Passed Assembly A.2597
2014 Lost in Senate A.2597-A
2014 Passed Assembly A.9640
2015 Passed Assembly A.4311
2016 Passed Assembly A.4311A
 
 
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 $5,165 and the maximum TAP
award for students attending community colleges is the tuition at commu-
nity 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, 2018 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 applica-
tion form by HESC and SED, or 90 days upon enactment, whichever shall be
later.

A03039 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3039
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 24, 2017
                                       ___________
 
        Introduced  by  M. of A. MOYA, HEASTIE, GLICK, CRESPO, MORELLE, FARRELL,
          RODRIGUEZ, ORTIZ, AUBRY, GOTTFRIED, RAMOS, O'DONNELL,  LAVINE,  QUART,
          KAVANAGH,   THIELE,  BENEDETTO,  ROSENTHAL,  M. G. MILLER,  DenDEKKER,
          ABINANTI, PAULIN, PERRY, JAFFEE, CAHILL, MOSLEY, KIM, WEPRIN,  RIVERA,
          ROZIC,  DINOWITZ,  SEPULVEDA,  SKARTADOS,  ZEBROWSKI,  COLTON, DAVILA,
          FAHY, ARROYO, OTIS, BARRON, BICHOTTE, BLAKE, BRINDISI, DILAN,  GJONAJ,
          JEAN-PIERRE,  JOYNER, PICHARDO, SEAWRIGHT, SIMON, TITUS, WALKER, WEIN-
          STEIN, MAYER, HYNDMAN, NIOU,  CARROLL,  DICKENS,  DE LA ROSA,  D'URSO,
          BARNWELL, VANEL -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, CYMBROW-
          ITZ, ENGLEBRIGHT, GALEF, HEVESI, HOOPER, JENNE, LENTOL, LIFTON, NOLAN,
          PEOPLES-STOKES,  PRETLOW, SIMOTAS, SOLAGES, STECK, TITONE -- read once
          and referred 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:
 
     1    Section  1.  This act shall be known and may be cited as the "New York
     2  state DREAM act".
     3    § 2. The education law is amended by adding a  new  section  609-a  to
     4  read as follows:
     5    §  609-a.  New  York  DREAM  fund  commission.   1. (a) There shall be
     6  created a New York DREAM fund commission which  shall  be  committed  to
     7  advancing the educational opportunities of the children of immigrants.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00057-02-7
        A. 3039                             2
 
     1    (b)  The  New  York  DREAM fund commission shall be composed of twelve
     2  members to be appointed as follows:
     3    (i) Four members shall be appointed by the governor;
     4    (ii)  Three  members  shall be appointed by the temporary president of
     5  the senate;
     6    (iii) Three members shall be appointed by the speaker of the assembly;
     7    (iv) One member shall be appointed  by  the  minority  leader  of  the
     8  senate;
     9    (v) One member shall be appointed by the minority leader of the assem-
    10  bly;
    11    (c)  To  the  extent  practicable,  members  of  such commission shall
    12  reflect the racial, ethnic, gender, language, and  geographic  diversity
    13  of the state.
    14    (d)  To  the  extent  practicable,  members  of  such commission shall
    15  include college and university administrators  and  faculty,  and  other
    16  individuals  committed to advancing the educational opportunities of the
    17  children of immigrants.
    18    (e) Members of the New York DREAM fund  commission  shall  receive  no
    19  compensation for their services.
    20    2. (a) The New York DREAM fund commission shall have the power to:
    21    (i) Administer the provisions of this section;
    22    (ii) Create and raise funds for the New York DREAM fund;
    23    (iii)  Establish a not-for-profit entity charged with the responsibil-
    24  ity of raising funds for the administration  of  this  section  and  any
    25  educational or training programs such commission is tasked with adminis-
    26  trating  and  funding scholarships to students who are children of immi-
    27  grants to the United States;
    28    (iv) Publicize the availability of such scholarships from the New York
    29  DREAM fund;
    30    (v) Develop criteria and a selection process  for  the  recipients  of
    31  scholarships from the New York DREAM fund;
    32    (vi) Research issues pertaining to the availability of assistance with
    33  the  costs  of higher education for the children of immigrants and other
    34  issues regarding access for and the performance of the children of immi-
    35  grants within higher education;
    36    (vii) Establish, publicize, and administer training programs for  high
    37  school  counselors,  admissions  officers, and financial aid officers of
    38  institutions of higher education. The training programs  shall  instruct
    39  participants on the educational opportunities available to college-bound
    40  students  who are the children of immigrants, including, but not limited
    41  to, in-state tuition and scholarship programs. To the  extent  practica-
    42  ble, the New York DREAM fund commission shall offer the training program
    43  to  school  districts  and  boards  of  cooperative educational services
    44  throughout the state, provided however, that priority shall be given  to
    45  school  districts  and  boards  of cooperative educational services with
    46  larger number of students who are the children of immigrants over school
    47  districts and boards of cooperative  educational  services  with  lesser
    48  number of students who are the children of immigrants;
    49    (viii)  Establish  a  public  awareness campaign regarding educational
    50  opportunities available to college bound students who are  the  children
    51  of immigrants; and
    52    (ix)  Establish,  by  rule,  procedures  for  accepting and evaluating
    53  applications for scholarships from the children of immigrants and  issu-
    54  ing scholarships to selected student applicants;
    55    (b)  To  receive  a  scholarship  pursuant  to this section, a student
    56  applicant must meet the following qualifications:
        A. 3039                             3
 
     1    (i) Have resided with his or her parents or guardians while  attending
     2  a public or private high school in this state;
     3    (ii)  Have  graduated from a public or private high school or received
     4  the equivalent of a high school diploma in this state;
     5    (iii) Have attended a public or private high school in this state  for
     6  at  least  two years as of the date he or she graduated from high school
     7  or received the equivalent of a high school diploma;
     8    (iv) Have at least one parent or guardian who immigrated to the United
     9  States.
    10    (c) The New York DREAM fund commission and the  New  York  DREAM  fund
    11  shall  be  funded  entirely  by private contributions and no state funds
    12  shall be appropriated to or used by the New York DREAM fund.   No  funds
    13  of  the  New York DREAM fund or the New York DREAM fund commission shall
    14  be transferred to the general fund or any special revenue fund or  shall
    15  be  used  for  any  purpose  other  than  the purposes set forth in this
    16  section.
    17    3. The New York DREAM fund commission and  the  New  York  DREAM  fund
    18  shall be subject to the provisions of articles six and seven and section
    19  seventy-four of the public officers law.
    20    § 3. Subdivision 3 of section 661 of the education law is REPEALED.
    21    § 4. Paragraph a of subdivision 5 of section 661 of the education law,
    22  as  amended  by  chapter  466 of the laws of 1977, is amended to read as
    23  follows:
    24    a. (i) Except as provided in subdivision two of  section  six  hundred
    25  seventy-four  of  this  part and subparagraph (ii) of this paragraph, an
    26  applicant for an award at the undergraduate level of study  must  either
    27  [(i)]  (a) have been a legal resident of the state for at least one year
    28  immediately preceding the beginning of the semester, quarter or term  of
    29  attendance  for  which application for assistance is made, or [(ii)] (b)
    30  be a legal resident of the state and have been a legal  resident  during
    31  his  last  two  semesters  of high school either prior to graduation, or
    32  prior to admission to college. Provided further that  persons  shall  be
    33  eligible  to  receive  awards  under  section six hundred sixty-eight or
    34  section six hundred sixty-nine of this  part  who  are  currently  legal
    35  residents of the state and are otherwise qualified.
    36    (ii)  An  applicant  who is not a legal resident of the state eligible
    37  pursuant to subparagraph (i) of this paragraph, but is a  United  States
    38  citizen, a permanent lawful resident, a lawful non-immigrant alien or an
    39  applicant  without  lawful  immigration  status shall be eligible for an
    40  award at the undergraduate level of study provided that the student:
    41    (a) attended a registered New York state high school for two  or  more
    42  years,  graduated  from  a  registered  New  York  state high school and
    43  applied for attendance at the institution of higher  education  for  the
    44  undergraduate  study  for  which an award is sought within five years of
    45  receiving a New York state high school diploma; or
    46    (b) 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  undergraduate  study for which an award is sought within
    50  five years of receiving a state high school equivalency diploma; or
    51    (c) 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.
        A. 3039                             4
 
     1    Provided,  further,  that  a student without lawful immigration status
     2  shall also be required to file an affidavit  with  such  institution  of
     3  higher  education  stating  that the student has filed an application to
     4  legalize his or her immigration status, or will file such an application
     5  as soon as he or she is eligible to do so.
     6    § 5. Paragraph b of subdivision 5 of section 661 of the education law,
     7  as  amended  by  chapter  466 of the laws of 1977, is amended to read as
     8  follows:
     9    b. [An] (i) Except as otherwise provided in subparagraph (ii) of  this
    10  paragraph, an applicant for an award at the graduate level of study must
    11  either  [(i)]  (a)  have been a legal resident of the state for at least
    12  one year immediately preceding the beginning of the semester, quarter or
    13  term of attendance for which application  for  assistance  is  made,  or
    14  [(ii)]  (b) be a legal resident of the state and have been a legal resi-
    15  dent during his last academic  year  of  undergraduate  study  and  have
    16  continued  to  be  a  legal resident until matriculation in the graduate
    17  program.
    18    (ii) An applicant who is not a legal resident of  the  state  eligible
    19  pursuant  to  subparagraph (i) of this paragraph, but is a United States
    20  citizen, a permanent lawful resident, a lawful non-immigrant alien or an
    21  applicant without lawful immigration status shall  be  eligible  for  an
    22  award at the undergraduate level of study provided that the student:
    23    (a)  attended a registered approved New York state high school for two
    24  or more years, graduated from a registered New York  state  high  school
    25  and  applied  for  attendance at the institution of higher education for
    26  the graduate study for which an award is  sought  within  ten  years  of
    27  receiving a New York state high school diploma; or
    28    (b)  attended  an  approved  New  York  state program for a state high
    29  school equivalency diploma, received a  state  high  school  equivalency
    30  diploma  and  applied for attendance at the institution of higher educa-
    31  tion for the graduate study for which an  award  is  sought  within  ten
    32  years of receiving a state high school equivalency diploma; or
    33    (c)  is  otherwise  eligible  for the payment of tuition and fees at a
    34  rate no greater than that imposed for resident  students  of  the  state
    35  university  of  New  York,  the city university of New York or community
    36  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
    37  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
    38  vision seven of section sixty-two hundred six of this chapter.
    39    Provided, further, that a student without  lawful  immigration  status
    40  shall  also  be  required  to file an affidavit with such institution of
    41  higher education stating that the student has filed  an  application  to
    42  legalize his or her immigration status, or will file such an application
    43  as soon as he or she is eligible to do so.
    44    § 6. Paragraph d of subdivision 5 of section 661 of the education law,
    45  as  amended  by  chapter  844 of the laws of 1975, is amended to read as
    46  follows:
    47    d. If an applicant for an award allocated on a  geographic  basis  has
    48  more  than  one  residence  in  this state, his or her residence for the
    49  purpose of this article shall be his or her place  of  actual  residence
    50  during  the major part of the year while attending school, as determined
    51  by the commissioner; and further provided that an applicant who does not
    52  have a residence in this state and is eligible for an award pursuant  to
    53  subparagraph  (ii) of paragraph a or subparagraph (ii) of paragraph b of
    54  this subdivision shall be deemed to reside in the geographic area of the
    55  institution of higher education in which he or she attends for  purposes
    56  of an award allocated on a geographic basis.
        A. 3039                             5
 
     1    § 7. Paragraph e of subdivision 5 of section 661 of the education law,
     2  as  added  by  chapter  630  of  the laws of 2005, is amended to read as
     3  follows:
     4    e.  Notwithstanding any other provision of this article to the contra-
     5  ry, the New York state [residency]  eligibility  [requirement]  require-
     6  ments for receipt of awards [is] set forth in paragraphs a and b of this
     7  subdivision  are  waived  for  a member, or the spouse or dependent of a
     8  member, of the armed forces of the United  States  on  full-time  active
     9  duty and stationed in this state.
    10    §  8. Paragraph h of subdivision 2 of section 355 of the education law
    11  is amended by adding a new subparagraph 10 to read as follows:
    12    (10) Such regulations shall further provide that any  student  who  is
    13  not a legal resident of New York state but is a United States citizen, a
    14  permanent  lawful resident, a lawful non-immigrant alien or an applicant
    15  without lawful immigration status may have the payment  of  tuition  and
    16  other  fees and charges reduced by state-aided programs, scholarships or
    17  other financial assistance awarded  under  the  provisions  of  articles
    18  thirteen,  thirteen-A, fourteen and fourteen-A of this chapter, provided
    19  that the student meets the requirements set forth in  subparagraph  (ii)
    20  of  paragraph  a or subparagraph (ii) of paragraph b of subdivision five
    21  of section six hundred sixty-one of this chapter, as applicable.
    22    § 9. Subdivision 7 of section 6206 of the education law is amended  by
    23  adding a new paragraph (d) to read as follows:
    24    (d)  The  trustees shall further provide that any student who is not a
    25  legal resident of New York state but  is  a  United  States  citizen,  a
    26  permanent  lawful resident, a lawful non-immigrant alien or an applicant
    27  without lawful immigration status may have the payment  of  tuition  and
    28  other  fees and charges reduced by state-aided programs, scholarships or
    29  other financial assistance awarded  under  the  provisions  of  articles
    30  thirteen,  thirteen-A, fourteen and fourteen-A of this chapter, provided
    31  that the student meets the requirements set forth in  subparagraph  (ii)
    32  of  paragraph  a or subparagraph (ii) of paragraph b of subdivision five
    33  of section six hundred sixty-one of this chapter, as applicable.
    34    § 10. Section 6305 of the education law is amended  by  adding  a  new
    35  subdivision 8-a to read as follows:
    36    8-a.  The  payment  of tuition and other fees and charges of a student
    37  who is attending a community college and who is not a legal resident  of
    38  New  York state but is a United States citizen, a permanent lawful resi-
    39  dent, a lawful non-immigrant alien or an applicant without lawful  immi-
    40  gration  status may be reduced by state-aided programs, scholarships and
    41  other financial assistance awarded  under  the  provisions  of  articles
    42  thirteen,  thirteen-A, fourteen and fourteen-A of this chapter, provided
    43  that the student meets the requirements set forth in  subparagraph  (ii)
    44  of  paragraph  a or subparagraph (ii) of paragraph b of subdivision five
    45  of section six hundred sixty-one of this chapter, as applicable.
    46    § 11. Paragraph d of subdivision 3 of section 6451  of  the  education
    47  law,  as  amended by chapter 149 of the laws of 1972, is amended to read
    48  as follows:
    49    d. Any necessary supplemental financial assistance, which may  include
    50  the  cost of books and necessary maintenance for such enrolled students,
    51  including students without lawful immigration status provided  that  the
    52  student  meets  the requirements set forth in subparagraph (ii) of para-
    53  graph a or subparagraph (ii) of  paragraph  b  of  subdivision  five  of
    54  section  six hundred sixty-one of this chapter, as applicable; provided,
    55  however, that such supplemental financial assistance shall be  furnished
        A. 3039                             6
 
     1  pursuant  to  criteria promulgated by the commissioner with the approval
     2  of the director of the budget.
     3    §  11-a. Paragraph d of subdivision 3 of section 6451 of the education
     4  law, as amended by chapter 494 of the laws of 2016, is amended  to  read
     5  as follows:
     6    d.  Any necessary supplemental financial assistance, which may include
     7  the cost of books and necessary maintenance for such enrolled  students,
     8  including  students  without lawful immigration status provided that the
     9  student meets the requirements set forth in subparagraph (ii)  of  para-
    10  graph  a  or  subparagraph  (ii)  of  paragraph b of subdivision five of
    11  section six hundred sixty-one of this chapter, as applicable;  provided,
    12  however,  that such supplemental financial assistance shall be furnished
    13  pursuant to criteria promulgated by the commissioner with  the  approval
    14  of the director of the budget;
    15    § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
    16  of  the  education  law, as added by chapter 917 of the laws of 1970, is
    17  amended to read as follows:
    18    (v) Any necessary supplemental financial assistance, which may include
    19  the cost of books and necessary maintenance for such students, including
    20  students without lawful immigration status  provided  that  the  student
    21  meets  the requirements set forth in subparagraph (ii) of paragraph a or
    22  subparagraph (ii) of paragraph b of  subdivision  five  of  section  six
    23  hundred  sixty-one  of  this  chapter, as applicable; provided, however,
    24  that such supplemental financial assistance shall be furnished  pursuant
    25  to criteria promulgated by such universities and approved by the regents
    26  and the director of the budget.
    27    §  13. Paragraph (a) of subdivision 2 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)  (i) Undergraduate science and technology entry program moneys may
    31  be used for tutoring, counseling, remedial and special  summer  courses,
    32  supplemental  financial  assistance,  program  administration, and other
    33  activities which the commissioner may deem appropriate. To  be  eligible
    34  for  undergraduate  collegiate  science  and  technology  entry  program
    35  support, a student must be a resident of New York [who is], or meet  the
    36  requirements  of subparagraph (ii) of this paragraph, and must be either
    37  economically disadvantaged or from a minority group  historically  under
    38  represented  in  the  scientific,  technical,  health and health-related
    39  professions, and [who demonstrates] must demonstrate interest in  and  a
    40  potential for a professional career if provided special services. Eligi-
    41  ble students must be in good academic standing, enrolled full time in an
    42  approved,  undergraduate  level  program  of  study,  as  defined by the
    43  regents.
    44    (ii) An applicant who is not a legal resident of New York  state,  but
    45  who  is  a  United States citizen, a permanent lawful resident, a lawful
    46  non-immigrant alien or an applicant without lawful  immigration  status,
    47  shall  be  eligible  for  an  award  at the undergraduate level of study
    48  provided that the student:
    49    (1) attended a registered New York state high school for two  or  more
    50  years,  graduated  from  a  registered  New  York  state high school and
    51  applied for attendance at the institution of higher  education  for  the
    52  undergraduate  study  for  which an award is sought within five years of
    53  receiving a New York state high school diploma; or
    54    (2) attended an approved New York  state  program  for  a  state  high
    55  school  equivalency  diploma,  received  a state high school equivalency
    56  diploma and applied for attendance at the institution of  higher  educa-
        A. 3039                             7
 
     1  tion  for  the  undergraduate  study for which an award is sought within
     2  five years  of  receiving  a  state  high  school  equivalency  diploma,
     3  attended  an  approved New York state high school for two or more years,
     4  graduated  from  an  approved New York state high school and applied for
     5  attendance at an institution of higher education within  five  years  of
     6  receiving a New York state high school diploma; or
     7    (3)  is  otherwise  eligible  for the payment of tuition and fees at a
     8  rate no greater than that imposed for resident  students  of  the  state
     9  university  of  New  York,  the city university of New York or community
    10  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
    11  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
    12  vision seven of section sixty-two hundred six of this chapter.
    13    Provided, further, that a student without  lawful  immigration  status
    14  shall  also  be  required  to file an affidavit with such institution of
    15  higher education stating that the student has filed  an  application  to
    16  legalize his or her immigration status, or will file such an application
    17  as soon as he or she is eligible to do so.
    18    §  14. Paragraph (a) of subdivision 3 of section 6455 of the education
    19  law, as added by chapter 285 of the laws of 1986, is amended to read  as
    20  follows:
    21    (a)  (i)  Graduate  science and technology entry program moneys may be
    22  used for recruitment, academic enrichment, career planning, supplemental
    23  financial assistance, review for licensing examinations, program  admin-
    24  istration,  and  other activities which the commissioner may deem appro-
    25  priate. To be eligible for graduate collegiate  science  and  technology
    26  entry  program  support,  a  student must be a resident of New York [who
    27  is], or meet the requirements of subparagraph (ii)  of  this  paragraph,
    28  and  must  be either economically disadvantaged or from a minority group
    29  historically underrepresented in the scientific, technical  and  health-
    30  related  professions.  Eligible students must be in good academic stand-
    31  ing, enrolled full time  in  an  approved  graduate  level  program,  as
    32  defined by the regents.
    33    (ii)  An  applicant who is not a legal resident of New York state, but
    34  either is a United States citizen, a permanent lawful resident, a lawful
    35  non-immigrant alien or an applicant without  lawful  immigration  status
    36  shall  be  eligible  for  an  award  at the undergraduate level of study
    37  provided that the student:
    38    (1) attended a registered approved New York state high school for  two
    39  or  more  years,  graduated from a registered New York state high school
    40  and applied for attendance at the institution of  higher  education  for
    41  the  graduate  study  for  which  an award is sought within ten years of
    42  receiving a New York state high school diploma; or
    43    (2) attended an approved New York  state  program  for  a  state  high
    44  school  equivalency  diploma,  received  a state high school equivalency
    45  diploma and applied for attendance at the institution of  higher  educa-
    46  tion  for  the  graduate  study  for which an award is sought within ten
    47  years of receiving a state high school equivalency diploma; or
    48    (3) is otherwise eligible for the payment of tuition  and  fees  at  a
    49  rate  no  greater  than  that imposed for resident students of the state
    50  university of New York, the city university of  New  York  or  community
    51  colleges  as prescribed in subparagraph eight of paragraph h of subdivi-
    52  sion two of section three hundred fifty-five or paragraph (a) of  subdi-
    53  vision seven of section sixty-two hundred six of this chapter.
    54    Provided,  further,  that  a student without lawful immigration status
    55  shall also be required to file an affidavit  with  such  institution  of
    56  higher  education  stating  that the student has filed an application to
        A. 3039                             8

     1  legalize his or her immigration status, or will file such an application
     2  as soon as he or she is eligible to do so.
     3    §  15.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
     4  695-e of the education law, as amended by chapter 593  of  the  laws  of
     5  2003, is amended to read as follows:
     6    (i)  the name, address and social security number [or], employer iden-
     7  tification number, or individual taxpayer identification number  of  the
     8  account  owner  unless a family tuition account that was in effect prior
     9  to the effective date of the chapter of the laws of two thousand  seven-
    10  teen  that amended this subparagraph does not allow for a taxpayer iden-
    11  tification number, in which case a taxpayer identification number  shall
    12  be allowed upon the expiration of the contract;
    13    §  16.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
    14  695-e of the education law, as amended by chapter 593  of  the  laws  of
    15  2003, is amended to read as follows:
    16    (iii)  the  name,  address, and social security number, employer iden-
    17  tification number, or individual taxpayer identification number  of  the
    18  designated  beneficiary,  unless  a  family  tuition account that was in
    19  effect prior to the effective date of the chapter of  the  laws  of  two
    20  thousand  seventeen  that amended this subparagraph does not allow for a
    21  taxpayer identification number, in which case a taxpayer  identification
    22  number shall be allowed upon the expiration of the contract; and
    23    §  17.  The president of the higher education services corporation, in
    24  consultation with the commissioner  of  education,  shall  establish  an
    25  application  form  and  procedures  that shall allow a student applicant
    26  that meets the requirements set forth in subparagraph (ii) of  paragraph
    27  (a)  or subparagraph (ii) of paragraph b of subdivision 5 of section 661
    28  of the education law to apply directly to the higher education  services
    29  corporation or education department for applicable awards without having
    30  to submit information to any other state or federal agency. All informa-
    31  tion  contained  within  the applications filed with such corporation or
    32  department shall be deemed confidential.
    33    § 18. This act shall take effect immediately; provided, however, that:
    34    (a) section two of this act shall take effect January 1, 2018;
    35    (b) sections fifteen and sixteen of this act shall take effect on  the
    36  ninetieth  day after it shall have become a law; provided, however, that
    37  any rule or regulation necessary for the timely implementation  of  this
    38  act  on its effective date shall be promulgated on or before such effec-
    39  tive date; and
    40    (c) sections three through fourteen and section seventeen of this  act
    41  shall take effect on the ninetieth day after the issuance of regulations
    42  and the development of an application form by the president of the high-
    43  er  education  services  corporation and commissioner of education or on
    44  the ninetieth day after it shall have become a law, whichever  shall  be
    45  later;  provided, however, that if chapter 494 of the laws of 2016 shall
    46  not have taken effect on or before such date then  section  eleven-a  of
    47  this  act  shall  take effect on the same date and in the same manner as
    48  such chapter of the laws of 2016 takes effect; provided, further, howev-
    49  er that effective immediately the addition, amendment and/or  repeal  of
    50  any  rule  or regulation necessary for the implementation of this act on
    51  its effective date are authorized and directed to be made and  completed
    52  on  or  before such date; provided, further, however, that the president
    53  of the higher education services corporation  and  the  commissioner  of
    54  education shall notify the legislative bill drafting commission upon the
    55  occurrence  of the issuance of the regulations and the development of an
    56  application form in order that the commission may maintain  an  accurate
        A. 3039                             9
 
     1  and  timely  effective data base of the official text of the laws of the
     2  state of New York in  furtherance  of  effectuating  the  provisions  of
     3  section  44  of the legislative law and section 70-b of the public offi-
     4  cers law.

A03039 LFIN:

 
NO LFIN