S4179D-2011 Actions

• May 21, 2012: PRINT NUMBER 4179D
• May 21, 2012: AMEND (T) AND RECOMMIT TO RULES
• Mar 23, 2012: PRINT NUMBER 4179C
• Mar 23, 2012: AMEND AND RECOMMIT TO RULES
• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Feb 24, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO FINANCE
• Dec 6, 2011: PRINT NUMBER 4179B
• Dec 6, 2011: AMEND AND RECOMMIT TO FINANCE
• Nov 30, 2011: PRINT NUMBER 4179A
• Nov 30, 2011: AMEND AND RECOMMIT TO FINANCE
• Mar 22, 2011: REFERRED TO FINANCE

S4179D-2011 Memo

BILL NUMBER:S4179D

TITLE OF BILL:
An act to amend the education law, in relation to the New York State
dream act; and to repeal certain provisions of such law relating thereto

PURPOSE:
To provide access to state, city, town and/or village-funded financial
aid programs, including, but not limited to grants, loans and scholar-
ships.

SUMMARY OF PROVISIONS:
Section 1 entitles the bill the "New York State Dream Act".

Section 2 of the bill amends Education Law �661(3) to eliminate the
requirement that an applicant for an award be a U.S. citizen, LPR, or a
refugee.

Section 2 creates and defines the term "Qualified Students" which estab-
lishes the eligibility requirements for applicants for loans and awards
at the undergraduate and graduate level of study. The term Qualified
Students includes people who are already eligible for awards under the
current law, which are people with lawful status.  Qualified Students
also expands the eligibility requirements to people without lawful immi-
gration status as long as they fulfill the other requirements outlined
by the statute. The section uses the term "lawfully present in the
United States" because it is used in 8 U.S.C. � 1623 and has an existing
definition in Federal law.

Section 2 also includes a "transition provision" which permits a subset
of individuals who would not otherwise be eligible for awards and loans
based on their date of graduation from high school or the date that they
obtained a New York state G.E.D., to take advantage of state awards and
loans. The purpose of the "transition provision" is to permit undocu-
mented students, who were relying on the Federal Dream Act for educa-
tional opportunities, to benefit from the New York Dream Act.

Section 3 of the bill repeals Education Law �661(4)(b-1)(i), which
establishes a citizenship requirement for the tuition assistance
program.

Section 4 of the bill repeals Education Law �661(5)(a), which estab-
lishes residency requirements for awards and loans for undergraduates
under the current law. We repealed this section because we already
established all eligibility requirements for awards and loans for under-
graduates under Education Law �661(3) by amending Education Law �661(3)
in Section 2 of the Dream Act.

Section 5 of the bill repeals Education Law �661(5)(b), which estab-
lishes residency requirements for awards and loans for graduates under
the current law. We repealed this section because we already established

all eligibility requirements for awards and loans for graduates under
Education Law �661(3) by amending Education Law �661(3) in Section 2 of
the Dream Act.

Section 6 of the bill amends Education law �661(5)(d) to clarify that if
an applicant for tuition assistance does not have a New York State resi-
dence, 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 amends Education Law �661(5)(e) to state that any
member, or the spouse or dependent of a member, of the armed forces of
the United States on full-time active duty and stationed in this state
is eligible for awards and loans, regardless of whether or not they are
a "Qualified Student."

Section 8 of the bill would add a new Education Law �355(2)(h)(10) to
provide that qualified students at SUNY may have the payment of tuition
and other fees and charges reduced by loans and awards.

Section 9 of the bill adds a new Education Law �6206(7)(d) to provide
that Qualified Students at CUNY may have the payment of tuition and
other fees and charges reduced by loans and awards.

Section 10 of the bill adds a new Education Law �6305(8-a) to provide
that qualified students at community colleges may have the payment of
tuition and other fees and charges reduced by loans and awards.

Sections 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(3)(a)(ii) or (b)(ii).

Section 13 of the bill amends Education Law �6455(2)(a) to allow an an
undergraduate applicant for the college science and technology entry
program who is not a resident of the state to be eligible for an award
at the undergraduate level of study provided that he or she is a "Quali-
fied Student" as amended by Section 2 of this bill.

Section 14 of the bill amends Education Law �6455(3)(a) to provide that
Qualified Students at the graduate level of study may have the payment
of tuition and other fees and charges reduced by loans and awards.

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 is the effective date.

JUSTIFICATION:
As a state with one of the largest immigrant populations, NY should be
at the forefront of progressive immigration policies, pushing back on
the tide of national and local anti-immigrant policies. The NY Dream Act
will respect the dignity and contributions of undocumented youth in the
state by giving them access to state financial aid programs.

This bill is about access to education, but it is also about providing a
pathway to economic prosperity for both the individual receiving the
education and for the state. Increasing the education level of workers
also increases their productivity, and the more highly educated the
state's labor force, the more attractive the state is as a place to
locate businesses.

There are currently an estimated 475,000 undocumented immigrants in the
New York State labor force. Having large numbers of undocumented workers
should not be considered a permanent situation: federal reform is
urgently needed to fix immigration policy. But gridlock at the federal
level should not prevent New York State from investing in its own econo-
my.

The National Skills Coalition reports that New York is facing a shortage
of workers who have the required skill level for most job openings. New
York would benefit greatly from undocumented students receiving access
to a college education. In fact, NSC also estimates that 39% of all
future job openings will require at least an associate's degree.

Furthermore, it is universally accepted that those who pay taxes should
benefit from those taxes, whether those benefits be public safety or
access to higher education.

According to the Institute for Taxation and Economic Policy, undocu-
mented immigrants paid over $662 million in taxes to New York State in
2010, making it the state with the fourth highest revenue in taxes from
undocumented immigrants. They paid approximately; $104.4 million in
personal income taxes, $95 million in property taxes, and over $463
million in sales taxes. It is unjust, unfair and unAmerican to collect
well over a half a billion dollars in tax revenue from undocumented
immigrants only to deny them financial support that is granted to other
New Yorkers.

Despite an unprecedented year of action and escalation taken by undocu-
mented youth, the United States Congress failed to pass the DREAM Act in
2010. This has left undocumented youth in NY without any form or relief.
It is now up to the State of NY to provide dignity and recognition for
these promising and deserving young people.

LEGISLATIVE HISTORY:
03/22/11 REFERRED TO FINANCE
11/30/11 AMEND AND RECOMMIT TO FINANCE

11/30/11 PRINT NUMBER 4179A
12/06/11 AMEND AND RECOMMIT TO FINANCE
12/06/11 PRINT NUMBER 4179B
01/04/12 REFERRED TO FINANCE
02/24/12 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
03/12/12 COMMITTEE DISCHARGED AND COMMITTED TO RULES

FISCAL IMPLICATIONS:
As per the analysis of the Fiscal Policy Institute as well as the
State Education Department, it is estimated that this legislation
will only cost an additional 1% or 2% of current TAP funding.

EFFECTIVE DATE:
This act shall take effect on July 1, 2013.

S4179D-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4179--D
 2011-2012 Regular Sessions
 I N  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:

 

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

S 2. Subdivision 3 of section 661 of the education law is REPEALED and
 a new subdivision 3 is added to read as follows:

 3. QUALIFICATIONS. A. QUALIFIED STUDENT FOR AN AWARD AT THE UNDERGRAD
 UATE LEVEL OF STUDY. A QUALIFIED STUDENT FOR AN AWARD AT THE UNDERGRADU
 ATE LEVEL OF STUDY SHALL MEAN:

 (I) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT IN
 THE UNITED STATES AS USED IN 8 U.S.C.

S 1623, WHO HAS BEEN A RESIDENT OF
 THE STATE FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE  BEGINNING  OF
 THE  SEMESTER,  QUARTER  OR TERM OF ATTENDANCE FOR WHICH APPLICATION FOR
 ASSISTANCE IS MADE; OR
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10420-15-2
 
       S. 4179--D                          2
 (II) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT  LAWFULLY  PRESENT
 IN  THE  UNITED  STATES AS USED IN 8 U.S.C.

S 1623, WHO IS A RESIDENT OF
 THE STATE AND WAS A RESIDENT OF THE STATE DURING HIS  OR  HER  LAST  TWO
 SEMESTERS  OF HIGH SCHOOL EITHER PRIOR TO GRADUATION, OR PRIOR TO ADMIS
 SION TO COLLEGE; OR
 (III) AN INDIVIDUAL WHO:

 (1)  ATTENDED  AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS,
 GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND
 ANCE AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITH
 IN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
 (2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALEN
 CY DIPLOMA EXAM PREPARATION,  RECEIVED  A  GENERAL  EQUIVALENCY  DIPLOMA
 ISSUED  WITHIN NEW YORK STATE, AND APPLIED FOR ATTENDANCE AT AN INSTITU
 TION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITHIN  FIVE  YEARS  OF
 RECEIVING A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE; OR
 (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI
 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
 IN ADDITION TO CLAUSES ONE, TWO, AND THREE OF  THIS  SUBPARAGRAPH,  IF
 THE INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES
 AS  USED  IN 8 U.S.C.

S 1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE
 UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE  OF  THIR
 TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
 B.  QUALIFIED  STUDENT  FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY. A
 QUALIFIED STUDENT FOR AN AWARD AT THE  GRADUATE  LEVEL  OF  STUDY  SHALL
 MEAN:

 (I) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT IN
 THE UNITED STATES AS USED IN 8 U.S.C.

S 1623, WHO HAS BEEN A RESIDENT OF
 THE  STATE  FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE BEGINNING OF
 THE SEMESTER, QUARTER OR TERM OF ATTENDANCE FOR  WHICH  APPLICATION  FOR
 ASSISTANCE IS MADE; OR
 (II)  AN  INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT
 IN THE UNITED STATES AS USED IN 8 U.S.C.

S 1623, WHO IS  A  RESIDENT  OF
 THE  STATE  AND  WAS  A RESIDENT OF THE STATE DURING HIS OR HER LAST TWO
 SEMESTERS OF HIGH SCHOOL EITHER PRIOR TO GRADUATION, OR PRIOR TO  ADMIS
 SION TO COLLEGE; OR
 (III) AN INDIVIDUAL WHO:

 (1)  ATTENDED  AN  APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM AN  APPROVED  NEW  YORK  STATE  HIGH  SCHOOL,  AND
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF  RECEIV
 ING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
 (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA,  AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA
 TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
 YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
 (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI
 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
 
       S. 4179--D                          3
 IN ADDITION TO CLAUSES ONE, TWO, AND THREE OF  THIS  SUBPARAGRAPH,  IF
 THE INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES
 AS  USED  IN 8 U.S.C.

S 1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE
 UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE  OF  THIR
 TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
 C.  NOTWITHSTANDING SUBPARAGRAPH (III) OF PARAGRAPH A OF THIS SUBDIVI
 SION, AN INDIVIDUAL SHALL BE DEEMED A QUALIFIED STUDENT FOR AN AWARD  AT
 THE  UNDERGRADUATE LEVEL OF STUDY FOR A PERIOD OF FIVE YEARS IMMEDIATELY
 FOLLOWING THE IMPLEMENTATION OF THE NEW YORK STATE  DREAM  ACT  PROVIDED
 THAT THE INDIVIDUAL:

 (I)  ATTENDED  AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS,
 GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND
 ANCE OR IS ENROLLED AT AN INSTITUTION OR EDUCATIONAL UNIT OF  THE  STATE
 UNIVERSITY; OR
 (II)  ATTENDED  AN  APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIV
 ALENCY DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY  DIPLOMA
 ISSUED  WITHIN NEW YORK STATE, AND APPLIED FOR ATTENDANCE OR IS ENROLLED
 AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY.
 IN ADDITION TO SUBPARAGRAPHS (I) AND (II) OF THIS  PARAGRAPH,  IF  THE
 INDIVIDUAL  IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES AS
 USED IN 8 U.S.C.

S 1623, THAN SUCH  INDIVIDUAL  MUST  HAVE  ENTERED  THE
 UNITED  STATES  BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE OF THIR
 TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
 D. NOTWITHSTANDING SUBPARAGRAPH (III) OF PARAGRAPH B OF THIS  SUBDIVI
 SION,  AN INDIVIDUAL SHALL BE DEEMED A QUALIFIED STUDENT FOR AN AWARD AT
 THE GRADUATE LEVEL OF STUDY  FOR  A  PERIOD  OF  TEN  YEARS  IMMEDIATELY
 FOLLOWING  THE  IMPLEMENTATION  OF THE NEW YORK STATE DREAM ACT PROVIDED
 THAT THE INDIVIDUAL:

 (I) ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR  MORE  YEARS,
 GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND
 ANCE  OR  IS ENROLLED AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE
 UNIVERSITY; OR
 (II) ATTENDED AN APPROVED NEW YORK STATE PROGRAM  FOR  GENERAL  EQUIV
 ALENCY  DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY DIPLOMA
 ISSUED WITHIN NEW YORK STATE, AND APPLIED FOR ATTENDANCE OR IS  ENROLLED
 AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY;
 IN  ADDITION  TO  SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH, IF THE
 INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES  AS
 USED  IN  8  U.S.C. 

S  1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE
 UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE  OF  THIR
 TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
 

S 3. Subparagraph (i) of paragraph b-1 of subdivision 4 of section 661
 of the education law is REPEALED.
 

S  4. Paragraph a of subdivision 5 of section 661 of the education law
 is REPEALED.
 

S 5. Paragraph b of subdivision 5 of section 661 of the education  law
 is REPEALED.
 

S 6. Paragraph d of subdivision 5 of section 661 of the education law,
 as  amended  by  chapter  844 of the laws of 1975, is amended to read as
 follows:

 d. If an applicant for an award allocated on a  geographic  basis  has
 more  than  one  residence  in  this state, his OR HER residence for the
 purpose of this article shall be his OR HER place  of  actual  residence
 during  the major part of the year while attending school, as determined
 by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
 HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT  TO
 
       S. 4179--D                          4
 PARAGRAPH  A,  B,  C, OR D OF SUBDIVISION THREE OF THIS SECTION 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.
 

S 7. Paragraph e of subdivision 5 of section 661 of the education law,
 as  added  by  chapter  630  of  the laws of 2005, is amended to read as
 follows:

 e. Notwithstanding any other provision of this article to the  contra
 ry,  the  New  York state [residency] eligibility [requirement] REQUIRE
 MENTS for receipt of awards SET FORTH IN PARAGRAPH A,  B,  C,  OR  D  OF
 SUBDIVISION  THREE OF THIS SECTION is waived for a member, or the spouse
 or dependent of a member, of the armed forces of the  United  States  on
 full-time active duty and stationed in this state.
 

S  8. Paragraph h of subdivision 2 of section 355 of the education law
 is amended by adding a new subparagraph 10 to read as follows:

 (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
 NOT A RESIDENT OF NEW YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED
 IN  PARAGRAPH  A, B, C, OR D OF SUBDIVISION THREE OF SECTION SIX HUNDRED
 SIXTY-ONE OF THIS CHAPTER, MAY HAVE THE PAYMENT  OF  TUITION  AND  OTHER
 FEES  AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER
 FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES  THIRTEEN,
 THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER.
 

S  9. Subdivision 7 of section 6206 of the education law is amended by
 adding a new paragraph (d) to read as follows:

 (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS  NOT  A
 RESIDENT  OF  NEW  YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED IN
 PARAGRAPH A, B, C, OR D OF SUBDIVISION  THREE  OF  SECTION  SIX  HUNDRED
 SIXTY-ONE  OF  THIS  CHAPTER,  MAY HAVE THE PAYMENT OF TUITION AND OTHER
 FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR  OTHER
 FINANCIAL  ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN,
 THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER.
 

S 10.

Section 6305 of the education law is amended  by  adding  a  new
 subdivision 8-a to read as follows:

 8-A.  THE  PAYMENT  OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
 WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A  RESIDENT  OF  NEW
 YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C,
 OR D OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAP
 TER,  MAY  BE  REDUCED  BY  STATE-AIDED PROGRAMS, SCHOLARSHIPS AND OTHER
 FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES  THIRTEEN,
 THIRTEEN-A,  FOURTEEN  AND FOURTEEN-A OR ANY OTHER ARTICLE OF THIS CHAP
 TER.
 

S 11. Paragraph d of subdivision 3 of section 6451  of  the  education
 law,  as  amended by chapter 149 of the laws of 1972, is amended to read
 as follows:

 d. Any necessary supplemental financial assistance, which may  include
 the  cost of books and necessary maintenance for such enrolled students,
 INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED  THAT  THE
 STUDENT  IS  A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C, OR D
 OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF  THIS  CHAPTER;
 provided,  however, that such supplemental financial assistance shall be
 furnished pursuant to criteria promulgated by the commissioner with  the
 approval of the director of the budget.
 

S 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
 of  the  education  law, as added by chapter 917 of the laws of 1970, is
 amended to read as follows:

 
       S. 4179--D                          5
 (v) Any necessary supplemental financial assistance, which may include
 the cost of books and necessary maintenance for such students, INCLUDING
 STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT  IS
 A  "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C, OR D OF SUBDIVI
 SION  THREE  OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER; provided,
 however, that such supplemental financial assistance shall be  furnished
 pursuant  to  criteria  promulgated by such universities and approved by
 the regents and the director of the budget.
 

S 13. Paragraph (a) of subdivision 2 of section 6455 of the  education
 law,  as added by chapter 285 of the laws of 1986, is amended to read as
 follows:

 (a) Undergraduate science and technology entry program moneys  may  be
 used  for  tutoring,  counseling,  remedial  and special summer courses,
 supplemental financial assistance,  program  administration,  and  other
 activities  which  the commissioner may deem appropriate. To be eligible
 for  undergraduate  collegiate  science  and  technology  entry  program
 support,  a student must be [a resident of New York who is] A "QUALIFIED
 STUDENT" PURSUANT TO PARAGRAPH A OR PARAGRAPH C OF SUBDIVISION THREE  OF
 SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER AND MUST BE either econom
 ically  disadvantaged  or from a minority group historically underrepre
 sented  in  the  scientific,  technical,   health   and   health-related
 professions,  and  [who demonstrates] MUST DEMONSTRATE interest in and a
 potential for a professional career if provided special services. Eligi
 ble students must be in good academic standing, enrolled full time in an
 approved, undergraduate level  program  of  study,  as  defined  by  the
 regents.
 

S  14. Paragraph (a) of subdivision 3 of section 6455 of the education
 law, as added by chapter 285 of the laws of 1986, is amended to read  as
 follows:

 (a)  Graduate  science and technology entry program moneys may be used
 for recruitment,  academic  enrichment,  career  planning,  supplemental
 financial  assistance, review for licensing examinations, program admin
 istration, and other activities which the commissioner may  deem  appro
 priate.  To  be  eligible for graduate collegiate science and technology
 entry program support, a student must be [a resident of New York who is]
 A "QUALIFIED STUDENT" PURSUANT TO PARAGRAPH B OR PARAGRAPH D OF SUBDIVI
 SION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER AND MUST  BE
 either  economically disadvantaged or from a minority group historically
 underrepresented  in  the  scientific,  technical   and   health-related
 professions  AND  MUST  DEMONSTRATE AN INTEREST IN AND A POTENTIAL FOR A
 PROFESSIONAL CAREER IF PROVIDED SPECIAL  SERVICES.    Eligible  students
 must  be  in  good  academic standing, enrolled full time in an approved
 graduate level program, as defined by the regents.
 

S 15. Subparagraph (i) of paragraph a  of  subdivision  2  of  section
 695-e  of  the  education  law, as amended by chapter 593 of the laws of
 2003, is amended to read as follows:

 (i) the name, address and social security number [or], employer  iden
 tification  number,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
 account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN  EFFECT  PRIOR
 TO  THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWELVE
 THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA
 TION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION  NUMBER  SHALL  BE
 ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
 

S  16.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
 695-e of the education law, as amended by chapter 593  of  the  laws  of
 2003, is amended to read as follows:

 
       S. 4179--D                          6
 (iii)  the  name,  address, and social security number, EMPLOYER IDEN
 TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
 designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
 EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
 THOUSAND  TWELVE  THAT  AMENDED  THIS  SUBPARAGRAPH DOES NOT ALLOW FOR A
 TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION
 NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
 

S 17. This act shall take effect July 1, 2013.

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