S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6829

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                     April 4, 2011
                                      ___________

       Introduced  by  M. of A. LINARES, WRIGHT, P. RIVERA, MENG, AUBRY -- read
         once and referred to the Committee on Governmental Operations

       AN ACT to amend the executive law, in relation to establishing  the  New
         York  dream  act providing certain benefits to undocumented immigrants
         that satisfy certain criteria

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "New York dream act".
    3    S 2. The executive law is amended by adding a new section 101 to  read
    4  as follows:
    5    S  101.  NEW YORK DREAM ACT. 1. THERE IS HEREBY ESTABLISHED WITHIN THE
    6  DEPARTMENT, A DREAM ACT, WHEREBY UNDOCUMENTED IMMIGRANTS WHO SATISFY THE
    7  REQUIREMENTS SET FORTH IN SUBDIVISION THREE OF THIS SECTION SHALL QUALI-
    8  FY FOR THE BENEFITS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION.
    9    2. FOR THE PURPOSES OF THIS SECTION, THE TERM:
   10    A. "CERTIFIED COMMUNITY SERVICE" SHALL MEAN A PERIOD  OF  SERVING  THE
   11  COMMUNITY  THAT  SATISFIES THE REQUIREMENTS PROMULGATED IN THE RULES AND
   12  REGULATIONS AUTHORIZED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   13    B. "ELIGIBLE PERSON" SHALL MEAN ANY INDIVIDUAL THAT MEETS THE CRITERIA
   14  SET FORTH IN SUBDIVISION TWO THIS SECTION.
   15    C. "UNDOCUMENTED" SHALL MEAN WITHOUT A VALID IMMIGRATION VISA.
   16    3. TO BE ELIGIBLE FOR BENEFITS UNDER SUBDIVISION FOUR OF THIS SECTION,
   17  AN INDIVIDUAL SHALL:
   18    A. HAVE GRADUATED FROM HIGH SCHOOL WITH A HIGH SCHOOL DIPLOMA  OR  ITS
   19  EQUIVALENT, INCLUDING, BUT NOT LIMITED TO A GED;
   20    B.  HAVE  ENTERED  THE  UNITED  STATES  UNDOCUMENTED BEFORE THE AGE OF
   21  SIXTEEN;
   22    C. BE UNDER THE AGE OF THIRTY-FIVE;
   23    D. NOT HAVE BEEN CONVICTED IN THIS STATE OR ANY OTHER STATE OR  TERRI-
   24  TORY OF A FELONY;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10420-01-1

 A. 6829                             2

    1    E.  HAVE  RESIDED  IN NEW YORK STATE FOR AT LEAST TWO YEARS BEFORE THE
    2  EFFECTIVE DATE OF THIS SECTION; AND
    3    F.  (I)  ENROLL OR BE ENROLLED IN A COLLEGE OR UNIVERSITY IN THE STATE
    4  OF NEW YORK AND COMPLETE AT LEAST TWO YEARS TOWARDS A  FOUR-YEAR  DEGREE
    5  WITHIN SIX YEARS; OR
    6    (II) SERVE AT LEAST TWO YEARS IN THE NEW YORK NATIONAL GUARD; OR
    7    (III) COMPLETE NINE HUNDRED TEN HOURS OF CERTIFIED COMMUNITY SERVICE.
    8    4. ANY ELIGIBLE PERSON SHALL HAVE ACCESS TO:
    9    A.  STATE-FUNDED FINANCIAL AID PROGRAMS, INCLUDING, BUT NOT LIMITED TO
   10  GRANTS, LOANS AND SCHOLARSHIPS;
   11    B. NEW YORK STATE IDENTIFICATION OR DRIVERS' LICENSES;
   12    C. WORK OPPORTUNITIES WITH THE STATE OF NEW YORK; AND
   13    D. NEW YORK STATE HEALTH INSURANCE PROGRAMS.
   14    5. THE SECRETARY SHALL PROMULGATE RULES AND REGULATIONS TO EFFECT  THE
   15  PURPOSES  OF  THIS  SECTION  AND  TO FURTHER DEFINE THE REQUIREMENTS AND
   16  BENEFITS OF THIS SECTION.
   17    S 3. This act shall take effect on the one hundred twentieth day after
   18  it shall have become a law; provided, however, that effective immediate-
   19  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   20  necessary  for  the implementation of this act on its effective date are
   21  authorized and directed to be made  and  completed  on  or  before  such
   22  effective date.