A04311 Summary:
BILL NO | A04311A |
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SAME AS | SAME AS S01251-B |
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SPONSOR | Moya |
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COSPNSR | Heastie, Glick, Morelle, Farrell, Crespo, Rodriguez, Ortiz, Aubry, Gottfried, Ramos, Brennan, O'Donnell, Lavine, Quart, Kavanagh, Thiele, Robinson, Benedetto, Rosenthal, Miller, DenDekker, Abinanti, Paulin, Perry, Jaffee, Cahill, Mosley, Kim, Weprin, Schimel, Rivera, Rozic, Dinowitz, Sepulveda, Skartados, Zebrowski, Colton, Davila, Fahy, Arroyo, Linares, Otis, Barron, Bichotte, Blake, Brindisi, Dilan, Gjonaj, Jean-Pierre, Joyner, Pichardo, Seawright, Simon, Titus, Walker, Weinstein, Cook, Mayer, Hyndman, Cancel |
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MLTSPNSR | Braunstein, Cymbrowitz, Englebright, Galef, Hevesi, Hooper, Lentol, Lifton, Markey, Nolan, Peoples-Stokes, Pretlow, Russell, Simotas, Solages, Steck, Titone |
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Add §609, rpld §661 sub 3, amd §§661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L | |
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Enacts the New York state DREAM ACT by creating the New York DREAM fund commission and amends eligibility requirements and conditions governing certain awards. |
A04311 Actions:
BILL NO | A04311A | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/30/2015 | referred to higher education | |||||||||||||||||||||||||||||||||||||||||||||||||
02/25/2015 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
02/25/2015 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
02/26/2015 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
02/26/2015 | rules report cal.7 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/26/2015 | ordered to third reading rules cal.7 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/26/2015 | motion to amend lost | |||||||||||||||||||||||||||||||||||||||||||||||||
02/26/2015 | motion to amend lost | |||||||||||||||||||||||||||||||||||||||||||||||||
02/26/2015 | motion to amend lost | |||||||||||||||||||||||||||||||||||||||||||||||||
02/26/2015 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
02/26/2015 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
02/26/2015 | REFERRED TO HIGHER EDUCATION | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | ordered to third reading cal.176 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/26/2016 | amended on third reading 4311a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/06/2016 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/06/2016 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/06/2016 | REFERRED TO HIGHER EDUCATION |
A04311 Committee Votes:
Go to topA04311 Floor Votes:
Yes
Abbate
No
Corwin
No
Goodell
Yes
Lupardo
Yes
Paulin
Yes
Silver
Yes
Abinanti
Yes
Crespo
Yes
Gottfried
No
Lupinacci
Yes
Peoples-Stokes
Yes
Simanowitz
Yes
Arroyo
No
Crouch
No
Graf
ER
Magee
Yes
Perry
Yes
Simon
Yes
Aubry
No
Curran
Yes
Gunther
No
Magnarelli
Yes
Persaud
Yes
Simotas
ER
Barclay
No
Cusick
No
Hawley
No
Malliotakis
Yes
Pichardo
Yes
Skartados
Yes
Barrett
Yes
Cymbrowitz
Yes
Hevesi
ER
Markey
Yes
Pretlow
Yes
Skoufis
Yes
Barron
Yes
Davila
ER
Hikind
Yes
Mayer
Yes
Quart
Yes
Solages
ER
Benedetto
ER
DenDekker
Yes
Hooper
Yes
McDonald
No
Ra
No
Stec
Yes
Bichotte
Yes
Dilan
Yes
Jaffee
No
McDonough
No
Raia
Yes
Steck
Yes
Blake
Yes
Dinowitz
Yes
Jean-Pierre
No
McKevitt
Yes
Ramos
No
Stirpe
No
Blankenbush
No
DiPietro
No
Johns
No
McLaughlin
ER
Rivera
No
Tedisco
No
Borelli
No
Duprey
Yes
Joyner
Yes
Miller
Yes
Roberts
ER
Tenney
No
Brabenec
Yes
Englebright
Yes
Kaminsky
No
Montesano
Yes
Robinson
Yes
Thiele
Yes
Braunstein
Yes
Fahy
ER
Katz
Yes
Morelle
Yes
Rodriguez
Yes
Titone
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rosenthal
Yes
Titus
Yes
Brindisi
No
Finch
No
Kearns
Yes
Moya
Yes
Rozic
Yes
Walker
Yes
Bronson
No
Fitzpatrick
Yes
Kim
No
Murray
Yes
Russell
ER
Walter
Yes
Brook-Krasny
No
Friend
No
Kolb
No
Nojay
Yes
Ryan
Yes
Weinstein
Yes
Buchwald
Yes
Galef
No
Lalor
Yes
Nolan
No
Saladino
Yes
Weprin
ER
Butler
ER
Gantt
Yes
Lavine
No
Oaks
No
Santabarbara
No
Woerner
ER
Cahill
ER
Garbarino
No
Lawrence
Yes
O'Donnell
ER
Scarborough
No
Wozniak
No
Ceretto
No
Giglio
Yes
Lentol
Yes
Ortiz
Yes
Schimel
ER
Wright
ER
Clark
Yes
Gjonaj
Yes
Lifton
Yes
Otis
No
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Glick
Yes
Linares
No
Palmesano
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
Yes
Goldfeder
No
Lopez
No
Palumbo
Yes
Sepulveda
‡ Indicates voting via videoconference
Yes
Abbate
Yes
Crespo
Yes
Gottfried
No
Lopez
No
Palumbo
Yes
Simon
Yes
Abinanti
No
Crouch
No
Graf
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Arroyo
No
Curran
Yes
Gunther
No
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Aubry
No
Cusick
Yes
Harris
No
Magee
Yes
Perry
Yes
Skoufis
No
Barclay
Yes
Cymbrowitz
No
Hawley
ER
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barrett
ER
Davila
Yes
Hevesi
No
Malliotakis
Yes
Pretlow
No
Stec
Yes
Barron
Yes
DenDekker
No
Hikind
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
Mayer
No
Ra
No
Stirpe
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonald
No
Raia
No
Tedisco
Yes
Blake
No
DiPietro
Yes
Hyndman
No
McDonough
Yes
Ramos
No
Tenney
No
Blankenbush
No
Duprey
Yes
Jaffee
No
McKevitt
Yes
Richardson
Yes
Thiele
No
Brabenec
Yes
Englebright
Yes
Jean-Pierre
No
McLaughlin
Yes
Rivera
Yes
Titone
Yes
Braunstein
Yes
Fahy
No
Johns
Yes
Miller
Yes
Robinson
Yes
Titus
ER
Brennan
Yes
Farrell
Yes
Joyner
No
Montesano
Yes
Rodriguez
Yes
Walker
Yes
Brindisi
No
Finch
ER
Katz
Yes
Morelle
Yes
Rosenthal
No
Walter
Yes
Bronson
No
Fitzpatrick
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Buchwald
No
Friend
No
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
No
Butler
Yes
Galef
ER
Kim
No
Murray
Yes
Ryan
Yes
Williams
Yes
Cahill
Yes
Gantt
No
Kolb
No
Nojay
No
Saladino
No
Woerner
Yes
Cancel
No
Garbarino
ER
Lalor
Yes
Nolan
No
Santabarbara
No
Wozniak
No
Castorina
No
Giglio
Yes
Lavine
No
Oaks
ER
Schimel
ER
Wright
No
Ceretto
Yes
Gjonaj
No
Lawrence
Yes
O'Donnell
No
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Glick
Yes
Lentol
Yes
Ortiz
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
Yes
Goldfeder
Yes
Lifton
Yes
Otis
ER
Sepulveda
ER
Corwin
No
Goodell
Yes
Linares
No
Palmesano
Yes
Simanowitz
‡ Indicates voting via videoconference
A04311 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 4311--A Cal. No. 176 2015-2016 Regular Sessions IN ASSEMBLY January 30, 2015 ___________ Introduced by M. of A. MOYA, HEASTIE, GLICK, MORELLE, FARRELL, CRESPO, RODRIGUEZ, ORTIZ, AUBRY, GOTTFRIED, RAMOS, BRENNAN, O'DONNELL, LAVINE, QUART, KAVANAGH, THIELE, ROBINSON, BENEDETTO, ROSENTHAL, CLARK, MILL- ER, DenDEKKER, ABINANTI, PAULIN, PERRY, JAFFEE, CAHILL, MOSLEY, KIM, WEPRIN, SCHIMEL, RIVERA, ROZIC, DINOWITZ, SEPULVEDA, SKARTADOS, ZEBROWSKI, COLTON, DAVILA, FAHY, ARROYO, LINARES, OTIS, BARRON, BICHOTTE, BLAKE, BRINDISI, DILAN, GJONAJ, JEAN-PIERRE, JOYNER, PICHAR- DO, SEAWRIGHT, SIMON, TITUS, WALKER, WEINSTEIN, COOK, MAYER -- Multi- Sponsored by -- M. of A. BRAUNSTEIN, CYMBROWITZ, ENGLEBRIGHT, GALEF, HEVESI, HOOPER, LENTOL, LIFTON, MARKEY, NOLAN, PEOPLES-STOKES, PRET- LOW, RUSSELL, SIMOTAS, SOLAGES, STECK, TITONE -- read once and referred to the Committee on Higher Education -- advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading 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 to read 4 as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00326-06-6A. 4311--A 2 1 § 609. New York DREAM fund commission. 1. (a) There shall be created 2 a New York DREAM fund commission which shall be committed to advancing 3 the educational opportunities of the children of immigrants. 4 (b) The New York DREAM fund commission shall be composed of twelve 5 members to be appointed as follows: 6 (i) Four members shall be appointed by the governor; 7 (ii) Three members shall be appointed by the temporary president of 8 the senate; 9 (iii) Three members shall be appointed by the speaker of the assembly; 10 (iv) One member shall be appointed by the minority leader of the 11 senate; 12 (v) One member shall be appointed by the minority leader of the assem- 13 bly; 14 (c) To the extent practicable, members of such commission shall 15 reflect the racial, ethnic, gender, language, and geographic diversity 16 of the state. 17 (d) To the extent practicable, members of such commission shall 18 include college and university administrators and faculty, and other 19 individuals committed to advancing the educational opportunities of the 20 children of immigrants. 21 (e) Members of the New York DREAM fund commission shall receive no 22 compensation for their services. 23 2. (a) The New York DREAM fund commission shall have the power to: 24 (i) Administer the provisions of this section; 25 (ii) Create and raise funds for the New York DREAM fund; 26 (iii) Establish a not-for-profit entity charged with the responsibil- 27 ity of raising funds for the administration of this section and any 28 educational or training programs such commission is tasked with adminis- 29 trating and funding scholarships to students who are children of immi- 30 grants to the United States; 31 (iv) Publicize the availability of such scholarships from the New York 32 DREAM fund; 33 (v) Develop criteria and a selection process for the recipients of 34 scholarships from the New York DREAM fund; 35 (vi) Research issues pertaining to the availability of assistance with 36 the costs of higher education for the children of immigrants and other 37 issues regarding access for and the performance of the children of immi- 38 grants within higher education; 39 (vii) Establish, publicize, and administer training programs for high 40 school counselors, admissions officers, and financial aid officers of 41 institutions of higher education. The training programs shall instruct 42 participants on the educational opportunities available to college-bound 43 students who are the children of immigrants, including, but not limited 44 to, in-state tuition and scholarship programs. To the extent practica- 45 ble, the New York DREAM fund commission shall offer the training program 46 to school districts and boards of cooperative educational services 47 throughout the state, provided however, that priority shall be given to 48 school districts and boards of cooperative educational services with 49 larger number of students who are the children of immigrants over school 50 districts and boards of cooperative educational services with lesser 51 number of students who are the children of immigrants; 52 (viii) Establish a public awareness campaign regarding educational 53 opportunities available to college bound students who are the children 54 of immigrants; andA. 4311--A 3 1 (ix) Establish, by rule, procedures for accepting and evaluating 2 applications for scholarships from the children of immigrants and issu- 3 ing scholarships to selected student applicants; 4 (b) To receive a scholarship pursuant to this section, a student 5 applicant must meet the following qualifications: 6 (i) Have resided with his or her parents or guardians while attending 7 a public or private high school in this state; 8 (ii) Have graduated from a public or private high school or received 9 the equivalent of a high school diploma in this state; 10 (iii) Have attended a public or private high school in this state for 11 at least two years as of the date he or she graduated from high school 12 or received the equivalent of a high school diploma; 13 (iv) Have at least one parent or guardian who immigrated to the United 14 States. 15 (c) The New York DREAM fund commission and the New York DREAM fund 16 shall be funded entirely by private contributions and no state funds 17 shall be appropriated to or used by the New York DREAM fund. No funds 18 of the New York DREAM fund or the New York DREAM fund commission shall 19 be transferred to the general fund or any special revenue fund or shall 20 be used for any purpose other than the purposes set forth in this 21 section. 22 3. The New York DREAM fund commission and the New York DREAM fund 23 shall be subject to the provisions of articles six and seven and section 24 seventy-four of the public officers law. 25 § 3. Subdivision 3 of section 661 of the education law is REPEALED. 26 § 4. Paragraph a of subdivision 5 of section 661 of the education law, 27 as amended by chapter 466 of the laws of 1977, is amended to read as 28 follows: 29 a. (i) Except as provided in subdivision two of section six hundred 30 seventy-four of this part and subparagraph (ii) of this paragraph, an 31 applicant for an award at the undergraduate level of study must either 32 [(i)] (a) have been a legal resident of the state for at least one year 33 immediately preceding the beginning of the semester, quarter or term of 34 attendance for which application for assistance is made, or [(ii)] (b) 35 be a legal resident of the state and have been a legal resident during 36 his last two semesters of high school either prior to graduation, or 37 prior to admission to college. Provided further that persons shall be 38 eligible to receive awards under section six hundred sixty-eight or 39 section six hundred sixty-nine of this part who are currently legal 40 residents of the state and are otherwise qualified. 41 (ii) An applicant who is not a legal resident of the state eligible 42 pursuant to subparagraph (i) of this paragraph, but is a United States 43 citizen, a permanent lawful resident, a lawful non-immigrant alien or an 44 applicant without lawful immigration status shall be eligible for an 45 award at the undergraduate level of study provided that the student: 46 (a) attended a registered New York state high school for two or more 47 years, graduated from a registered New York state high school and 48 applied for attendance at the institution of higher education for the 49 undergraduate study for which an award is sought within five years of 50 receiving a New York state high school diploma; or 51 (b) attended an approved New York state program for a state high 52 school equivalency diploma, received a state high school equivalency 53 diploma and applied for attendance at the institution of higher educa- 54 tion for the undergraduate study for which an award is sought within 55 five years of receiving a state high school equivalency diploma; orA. 4311--A 4 1 (c) is otherwise eligible for the payment of tuition and fees at a 2 rate no greater than that imposed for resident students of the state 3 university of New York, the city university of New York or community 4 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 5 sion two of section three hundred fifty-five or paragraph (a) of subdi- 6 vision seven of section sixty-two hundred six of this chapter. 7 Provided, further, that a student without lawful immigration status 8 shall also be required to file an affidavit with such institution of 9 higher education stating that the student has filed an application to 10 legalize his or her immigration status, or will file such an application 11 as soon as he or she is eligible to do so. 12 § 5. Paragraph b of subdivision 5 of section 661 of the education law, 13 as amended by chapter 466 of the laws of 1977, is amended to read as 14 follows: 15 b. [An] (i) Except as otherwise provided in subparagraph (ii) of this 16 paragraph, an applicant for an award at the graduate level of study must 17 either [(i)] (a) have been a legal resident of the state for at least 18 one year immediately preceding the beginning of the semester, quarter or 19 term of attendance for which application for assistance is made, or 20 [(ii)] (b) be a legal resident of the state and have been a legal resi- 21 dent during his last academic year of undergraduate study and have 22 continued to be a legal resident until matriculation in the graduate 23 program. 24 (ii) An applicant who is not a legal resident of the state eligible 25 pursuant to subparagraph (i) of this paragraph, but is a United States 26 citizen, a permanent lawful resident, a lawful non-immigrant alien or an 27 applicant without lawful immigration status shall be eligible for an 28 award at the undergraduate level of study provided that the student: 29 (a) attended a registered approved New York state high school for two 30 or more years, graduated from a registered New York state high school 31 and applied for attendance at the institution of higher education for 32 the graduate study for which an award is sought within ten years of 33 receiving a New York state high school diploma; or 34 (b) attended an approved New York state program for a state high 35 school equivalency diploma, received a state high school equivalency 36 diploma and applied for attendance at the institution of higher educa- 37 tion for the graduate study for which an award is sought within ten 38 years of receiving a state high school equivalency diploma; or 39 (c) is otherwise eligible for the payment of tuition and fees at a 40 rate no greater than that imposed for resident students of the state 41 university of New York, the city university of New York or community 42 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 43 sion two of section three hundred fifty-five or paragraph (a) of subdi- 44 vision seven of section sixty-two hundred six of this chapter. 45 Provided, further, that a student without lawful immigration status 46 shall also be required to file an affidavit with such institution of 47 higher education stating that the student has filed an application to 48 legalize his or her immigration status, or will file such an application 49 as soon as he or she is eligible to do so. 50 § 6. Paragraph d of subdivision 5 of section 661 of the education law, 51 as amended by chapter 844 of the laws of 1975, is amended to read as 52 follows: 53 d. If an applicant for an award allocated on a geographic basis has 54 more than one residence in this state, his or her residence for the 55 purpose of this article shall be his or her place of actual residence 56 during the major part of the year while attending school, as determinedA. 4311--A 5 1 by the commissioner; and further provided that an applicant who does not 2 have a residence in this state and is eligible for an award pursuant to 3 subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of 4 this subdivision shall be deemed to reside in the geographic area of the 5 institution of higher education in which he or she attends for purposes 6 of an award allocated on a geographic basis. 7 § 7. Paragraph e of subdivision 5 of section 661 of the education law, 8 as added by chapter 630 of the laws of 2005, is amended to read as 9 follows: 10 e. Notwithstanding any other provision of this article to the contra- 11 ry, the New York state [residency] eligibility [requirement] require- 12 ments for receipt of awards [is] set forth in paragraphs a and b of this 13 subdivision are waived for a member, or the spouse or dependent of a 14 member, of the armed forces of the United States on full-time active 15 duty and stationed in this state. 16 § 8. Paragraph h of subdivision 2 of section 355 of the education law 17 is amended by adding a new subparagraph 10 to read as follows: 18 (10) Such regulations shall further provide that any student who is 19 not a legal resident of New York state but is a United States citizen, a 20 permanent lawful resident, a lawful non-immigrant alien or an applicant 21 without lawful immigration status may have the payment of tuition and 22 other fees and charges reduced by state-aided programs, scholarships or 23 other financial assistance awarded under the provisions of articles 24 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided 25 that the student meets the requirements set forth in subparagraph (ii) 26 of paragraph a or subparagraph (ii) of paragraph b of subdivision five 27 of section six hundred sixty-one of this chapter, as applicable. 28 § 9. Subdivision 7 of section 6206 of the education law is amended by 29 adding a new paragraph (d) to read as follows: 30 (d) The trustees shall further provide that any student who is not a 31 legal resident of New York state but is a United States citizen, a 32 permanent lawful resident, a lawful non-immigrant alien or an applicant 33 without lawful immigration status may have the payment of tuition and 34 other fees and charges reduced by state-aided programs, scholarships or 35 other financial assistance awarded under the provisions of articles 36 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided 37 that the student meets the requirements set forth in subparagraph (ii) 38 of paragraph a or subparagraph (ii) of paragraph b of subdivision five 39 of section six hundred sixty-one of this chapter, as applicable. 40 § 10. Section 6305 of the education law is amended by adding a new 41 subdivision 8-a to read as follows: 42 8-a. The payment of tuition and other fees and charges of a student 43 who is attending a community college and who is not a legal resident of 44 New York state but is a United States citizen, a permanent lawful resi- 45 dent, a lawful non-immigrant alien or an applicant without lawful immi- 46 gration status may be reduced by state-aided programs, scholarships and 47 other financial assistance awarded under the provisions of articles 48 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided 49 that the student meets the requirements set forth in subparagraph (ii) 50 of paragraph a or subparagraph (ii) of paragraph b of subdivision five 51 of section six hundred sixty-one of this chapter, as applicable. 52 § 11. Paragraph d of subdivision 3 of section 6451 of the education 53 law, as amended by chapter 149 of the laws of 1972, is amended to read 54 as follows: 55 d. Any necessary supplemental financial assistance, which may include 56 the cost of books and necessary maintenance for such enrolled students,A. 4311--A 6 1 including students without lawful immigration status provided that the 2 student meets the requirements set forth in subparagraph (ii) of para- 3 graph a or subparagraph (ii) of paragraph b of subdivision five of 4 section six hundred sixty-one of this chapter, as applicable; provided, 5 however, that such supplemental financial assistance shall be furnished 6 pursuant to criteria promulgated by the commissioner with the approval 7 of the director of the budget. 8 § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452 9 of the education law, as added by chapter 917 of the laws of 1970, is 10 amended to read as follows: 11 (v) Any necessary supplemental financial assistance, which may include 12 the cost of books and necessary maintenance for such students, including 13 students without lawful immigration status provided that the student 14 meets the requirements set forth in subparagraph (ii) of paragraph a or 15 subparagraph (ii) of paragraph b of subdivision five of section six 16 hundred sixty-one of this chapter, as applicable; provided, however, 17 that such supplemental financial assistance shall be furnished pursuant 18 to criteria promulgated by such universities and approved by the regents 19 and the director of the budget. 20 § 13. Paragraph (a) of subdivision 2 of section 6455 of the education 21 law, as added by chapter 285 of the laws of 1986, is amended to read as 22 follows: 23 (a) (i) Undergraduate science and technology entry program moneys may 24 be used for tutoring, counseling, remedial and special summer courses, 25 supplemental financial assistance, program administration, and other 26 activities which the commissioner may deem appropriate. To be eligible 27 for undergraduate collegiate science and technology entry program 28 support, a student must be a resident of New York [who is], or meet the 29 requirements of subparagraph (ii) of this paragraph, and must be either 30 economically disadvantaged or from a minority group historically under 31 represented in the scientific, technical, health and health-related 32 professions, and [who demonstrates] must demonstrate interest in and a 33 potential for a professional career if provided special services. Eligi- 34 ble students must be in good academic standing, enrolled full time in an 35 approved, undergraduate level program of study, as defined by the 36 regents. 37 (ii) An applicant who is not a legal resident of New York state, but 38 who is a United States citizen, a permanent lawful resident, a lawful 39 non-immigrant alien or an applicant without lawful immigration status, 40 shall be eligible for an award at the undergraduate level of study 41 provided that the student: 42 (1) attended a registered New York state high school for two or more 43 years, graduated from a registered New York state high school and 44 applied for attendance at the institution of higher education for the 45 undergraduate study for which an award is sought within five years of 46 receiving a New York state high school diploma; or 47 (2) attended an approved New York state program for a state high 48 school equivalency diploma, received a state high school equivalency 49 diploma and applied for attendance at the institution of higher educa- 50 tion for the undergraduate study for which an award is sought within 51 five years of receiving a state high school equivalency diploma, 52 attended an approved New York state high school for two or more years, 53 graduated from an approved New York state high school and applied for 54 attendance at an institution of higher education within five years of 55 receiving a New York state high school diploma; orA. 4311--A 7 1 (3) is otherwise eligible for the payment of tuition and fees at a 2 rate no greater than that imposed for resident students of the state 3 university of New York, the city university of New York or community 4 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 5 sion two of section three hundred fifty-five or paragraph (a) of subdi- 6 vision seven of section sixty-two hundred six of this chapter. 7 Provided, further, that a student without lawful immigration status 8 shall also be required to file an affidavit with such institution of 9 higher education stating that the student has filed an application to 10 legalize his or her immigration status, or will file such an application 11 as soon as he or she is eligible to do so. 12 § 14. Paragraph (a) of subdivision 3 of section 6455 of the education 13 law, as added by chapter 285 of the laws of 1986, is amended to read as 14 follows: 15 (a) (i) Graduate science and technology entry program moneys may be 16 used for recruitment, academic enrichment, career planning, supplemental 17 financial assistance, review for licensing examinations, program admin- 18 istration, and other activities which the commissioner may deem appro- 19 priate. To be eligible for graduate collegiate science and technology 20 entry program support, a student must be a resident of New York [who21is], or meet the requirements of subparagraph (ii) of this paragraph, 22 and must be either economically disadvantaged or from a minority group 23 historically underrepresented in the scientific, technical and health- 24 related professions. Eligible students must be in good academic stand- 25 ing, enrolled full time in an approved graduate level program, as 26 defined by the regents. 27 (ii) An applicant who is not a legal resident of New York state, but 28 either is a United States citizen, a permanent lawful resident, a lawful 29 non-immigrant alien or an applicant without lawful immigration status 30 shall be eligible for an award at the undergraduate level of study 31 provided that the student: 32 (1) attended a registered approved New York state high school for two 33 or more years, graduated from a registered New York state high school 34 and applied for attendance at the institution of higher education for 35 the graduate study for which an award is sought within ten years of 36 receiving a New York state high school diploma; or 37 (2) attended an approved New York state program for a state high 38 school equivalency diploma, received a state high school equivalency 39 diploma and applied for attendance at the institution of higher educa- 40 tion for the graduate study for which an award is sought within ten 41 years of receiving a state high school equivalency diploma; or 42 (3) is otherwise eligible for the payment of tuition and fees at a 43 rate no greater than that imposed for resident students of the state 44 university of New York, the city university of New York or community 45 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 46 sion two of section three hundred fifty-five or paragraph (a) of subdi- 47 vision seven of section sixty-two hundred six of this chapter. 48 Provided, further, that a student without lawful immigration status 49 shall also be required to file an affidavit with such institution of 50 higher education stating that the student has filed an application to 51 legalize his or her immigration status, or will file such an application 52 as soon as he or she is eligible to do so. 53 § 15. Subparagraph (i) of paragraph a of subdivision 2 of section 54 695-e of the education law, as amended by chapter 593 of the laws of 55 2003, is amended to read as follows:A. 4311--A 8 1 (i) the name, address and social security number [or], employer iden- 2 tification number, or individual taxpayer identification number of the 3 account owner unless a family tuition account that was in effect prior 4 to the effective date of the chapter of the laws of two thousand sixteen 5 that amended this subparagraph does not allow for a taxpayer identifica- 6 tion number, in which case a taxpayer identification number shall be 7 allowed upon the expiration of the contract; 8 § 16. Subparagraph (iii) of paragraph a of subdivision 2 of section 9 695-e of the education law, as amended by chapter 593 of the laws of 10 2003, is amended to read as follows: 11 (iii) the name, address, and social security number, employer iden- 12 tification number, or individual taxpayer identification number of the 13 designated beneficiary, unless a family tuition account that was in 14 effect prior to the effective date of the chapter of the laws of two 15 thousand sixteen that amended this subparagraph does not allow for a 16 taxpayer identification number, in which case a taxpayer identification 17 number shall be allowed upon the expiration of the contract; and 18 § 17. The president of the higher education services corporation, in 19 consultation with the commissioner of education, shall establish an 20 application form and procedures that shall allow a student applicant 21 that meets the requirements set forth in subparagraph (ii) of paragraph 22 (a) or subparagraph (ii) of paragraph b of subdivision 5 of section 661 23 of the education law to apply directly to the higher education services 24 corporation or education department for applicable awards without having 25 to submit information to any other state or federal agency. All informa- 26 tion contained within the applications filed with such corporation or 27 department shall be deemed confidential. 28 § 18. This act shall take effect immediately; provided, however, that: 29 (a) section two of this act shall take effect January 1, 2017; 30 (b) sections fifteen and sixteen of this act shall take effect on the 31 ninetieth day after it shall have become a law; provided, however, that 32 any rule or regulation necessary for the timely implementation of this 33 act on its effective date shall be promulgated on or before such effec- 34 tive date; and 35 (c) sections three through fourteen and section seventeen of this act 36 shall take effect on the ninetieth day after the issuance of regulations 37 and the development of an application form by the president of the high- 38 er education services corporation and commissioner of education or on 39 the ninetieth day after it shall have become a law, whichever shall be 40 later; provided, however that effective immediately the addition, amend- 41 ment and/or repeal of any rule or regulation necessary for the implemen- 42 tation of this act on its effective date is authorized and directed to 43 be made and completed on or before such date; provided, further, howev- 44 er, that the president of the higher education services corporation and 45 the commissioner of education shall notify the legislative bill drafting 46 commission upon the occurrence of the issuance of the regulations and 47 the development of an application form in order that the commission may 48 maintain an accurate and timely effective data base of the official text 49 of the laws of the state of New York in furtherance of effectuating the 50 provisions of section 44 of the legislative law and section 70-b of the 51 public officers law.