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

                                        4179--A

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                    March 22, 2011
                                      ___________

       Introduced by Sens. PERKINS, ADAMS, BRESLIN, DIAZ, DILAN, DUANE, ESPAIL-
         LAT,  HASSELL-THOMPSON,  HUNTLEY,  KRUEGER,  MONTGOMERY,  OPPENHEIMER,
         PARKER, PERALTA, SERRANO, SQUADRON -- 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

       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. "ELIGIBLE PERSON" SHALL MEAN ANY INDIVIDUAL THAT MEETS THE CRITERIA
   11  SET FORTH IN SUBDIVISION THREE OF THIS SECTION.
   12    B. "UNDOCUMENTED" SHALL MEAN A NON-NATURALIZED IMMIGRANT.
   13    3. TO BE ELIGIBLE FOR BENEFITS UNDER SUBDIVISION FOUR OF THIS SECTION,
   14  AN INDIVIDUAL SHALL:
   15    A.  HAVE  GRADUATED FROM HIGH SCHOOL WITH A HIGH SCHOOL DIPLOMA OR ITS
   16  EQUIVALENT, INCLUDING, BUT NOT LIMITED TO A GED;
   17    B. HAVE ENTERED THE UNITED STATES BEFORE THE AGE OF SIXTEEN;
   18    C. BE UNDER THE AGE OF THIRTY-FIVE;
   19    D. NOT HAVE BEEN CONVICTED IN THIS STATE OR ANY OTHER STATE OR  TERRI-
   20  TORY OF A FELONY; AND

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10420-06-1

 S. 4179--A                          2

    1    E.  HAVE  RESIDED  IN NEW YORK STATE FOR AT LEAST TWO YEARS BEFORE THE
    2  EFFECTIVE DATE OF THIS SECTION.
    3    4.  ANY  ELIGIBLE  PERSON  SHALL  HAVE  ACCESS TO STATE-, CITY-, TOWN-
    4  AND/OR VILLAGE-FUNDED FINANCIAL AID PROGRAMS, INCLUDING, BUT NOT LIMITED
    5  TO GRANTS, LOANS AND SCHOLARSHIPS.
    6    5. THE SECRETARY SHALL PROMULGATE RULES AND REGULATIONS TO EFFECT  THE
    7  PURPOSES  OF  THIS  SECTION  AND  TO FURTHER DEFINE THE REQUIREMENTS AND
    8  BENEFITS OF THIS SECTION.
    9    S 3. This act shall take effect on the one hundred twentieth day after
   10  it shall have become a law; provided, however, that effective immediate-
   11  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   12  necessary  for  the implementation of this act on its effective date are
   13  authorized and directed to be made  and  completed  on  or  before  such
   14  effective date.