S T A T E O F N E W Y O R K
________________________________________________________________________
4179--D
2011-2012 Regular Sessions
I N S E N A T E
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:
1 Section 1. This act shall be known and may be cited as the "New York
2 State Dream Act".
3 S 2. Subdivision 3 of section 661 of the education law is REPEALED and
4 a new subdivision 3 is added to read as follows:
5 3. QUALIFICATIONS. A. QUALIFIED STUDENT FOR AN AWARD AT THE UNDERGRAD-
6 UATE LEVEL OF STUDY. A QUALIFIED STUDENT FOR AN AWARD AT THE UNDERGRADU-
7 ATE LEVEL OF STUDY SHALL MEAN:
8 (I) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT IN
9 THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO HAS BEEN A RESIDENT OF
10 THE STATE FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE BEGINNING OF
11 THE SEMESTER, QUARTER OR TERM OF ATTENDANCE FOR WHICH APPLICATION FOR
12 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
1 (II) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT
2 IN THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO IS A RESIDENT OF
3 THE STATE AND WAS A RESIDENT OF THE STATE DURING HIS OR HER LAST TWO
4 SEMESTERS OF HIGH SCHOOL EITHER PRIOR TO GRADUATION, OR PRIOR TO ADMIS-
5 SION TO COLLEGE; OR
6 (III) AN INDIVIDUAL WHO:
7 (1) ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS,
8 GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND-
9 ANCE AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITH-
10 IN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
11 (2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALEN-
12 CY DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY DIPLOMA
13 ISSUED WITHIN NEW YORK STATE, AND APPLIED FOR ATTENDANCE AT AN INSTITU-
14 TION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITHIN FIVE YEARS OF
15 RECEIVING A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE; OR
16 (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
17 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
18 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
19 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
20 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
21 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
22 IN ADDITION TO CLAUSES ONE, TWO, AND THREE OF THIS SUBPARAGRAPH, IF
23 THE INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES
24 AS USED IN 8 U.S.C. S 1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE
25 UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE OF THIR-
26 TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
27 B. QUALIFIED STUDENT FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY. A
28 QUALIFIED STUDENT FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY SHALL
29 MEAN:
30 (I) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT IN
31 THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO HAS BEEN A RESIDENT OF
32 THE STATE FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE BEGINNING OF
33 THE SEMESTER, QUARTER OR TERM OF ATTENDANCE FOR WHICH APPLICATION FOR
34 ASSISTANCE IS MADE; OR
35 (II) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT
36 IN THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO IS A RESIDENT OF
37 THE STATE AND WAS A RESIDENT OF THE STATE DURING HIS OR HER LAST TWO
38 SEMESTERS OF HIGH SCHOOL EITHER PRIOR TO GRADUATION, OR PRIOR TO ADMIS-
39 SION TO COLLEGE; OR
40 (III) AN INDIVIDUAL WHO:
41 (1) ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
42 YEARS, GRADUATED FROM AN APPROVED NEW YORK STATE HIGH SCHOOL, AND
43 APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
44 GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIV-
45 ING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
46 (2) 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 GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
50 YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
51 (3) 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.
S. 4179--D 3
1 IN ADDITION TO CLAUSES ONE, TWO, AND THREE OF THIS SUBPARAGRAPH, IF
2 THE INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES
3 AS USED IN 8 U.S.C. S 1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE
4 UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE OF THIR-
5 TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
6 C. NOTWITHSTANDING SUBPARAGRAPH (III) OF PARAGRAPH A OF THIS SUBDIVI-
7 SION, AN INDIVIDUAL SHALL BE DEEMED A QUALIFIED STUDENT FOR AN AWARD AT
8 THE UNDERGRADUATE LEVEL OF STUDY FOR A PERIOD OF FIVE YEARS IMMEDIATELY
9 FOLLOWING THE IMPLEMENTATION OF THE NEW YORK STATE DREAM ACT PROVIDED
10 THAT THE INDIVIDUAL:
11 (I) ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS,
12 GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND-
13 ANCE OR IS ENROLLED AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE
14 UNIVERSITY; OR
15 (II) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIV-
16 ALENCY DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY DIPLOMA
17 ISSUED WITHIN NEW YORK STATE, AND APPLIED FOR ATTENDANCE OR IS ENROLLED
18 AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY.
19 IN ADDITION TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH, IF THE
20 INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES AS
21 USED IN 8 U.S.C. S 1623, THAN SUCH INDIVIDUAL MUST HAVE ENTERED THE
22 UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE OF THIR-
23 TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
24 D. NOTWITHSTANDING SUBPARAGRAPH (III) OF PARAGRAPH B OF THIS SUBDIVI-
25 SION, AN INDIVIDUAL SHALL BE DEEMED A QUALIFIED STUDENT FOR AN AWARD AT
26 THE GRADUATE LEVEL OF STUDY FOR A PERIOD OF TEN YEARS IMMEDIATELY
27 FOLLOWING THE IMPLEMENTATION OF THE NEW YORK STATE DREAM ACT PROVIDED
28 THAT THE INDIVIDUAL:
29 (I) ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS,
30 GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND-
31 ANCE OR IS ENROLLED AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE
32 UNIVERSITY; OR
33 (II) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIV-
34 ALENCY DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY DIPLOMA
35 ISSUED WITHIN NEW YORK STATE, AND APPLIED FOR ATTENDANCE OR IS ENROLLED
36 AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY;
37 IN ADDITION TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH, IF THE
38 INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES AS
39 USED IN 8 U.S.C. S 1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE
40 UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE OF THIR-
41 TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
42 S 3. Subparagraph (i) of paragraph b-1 of subdivision 4 of section 661
43 of the education law is REPEALED.
44 S 4. Paragraph a of subdivision 5 of section 661 of the education law
45 is REPEALED.
46 S 5. Paragraph b of subdivision 5 of section 661 of the education law
47 is REPEALED.
48 S 6. Paragraph d of subdivision 5 of section 661 of the education law,
49 as amended by chapter 844 of the laws of 1975, is amended to read as
50 follows:
51 d. If an applicant for an award allocated on a geographic basis has
52 more than one residence in this state, his OR HER residence for the
53 purpose of this article shall be his OR HER place of actual residence
54 during the major part of the year while attending school, as determined
55 by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
56 HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO
S. 4179--D 4
1 PARAGRAPH A, B, C, OR D OF SUBDIVISION THREE OF THIS SECTION SHALL BE
2 DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE INSTITUTION OF HIGHER
3 EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES OF AN AWARD ALLOCATED
4 ON A GEOGRAPHIC BASIS.
5 S 7. Paragraph e of subdivision 5 of section 661 of the education law,
6 as added by chapter 630 of the laws of 2005, is amended to read as
7 follows:
8 e. Notwithstanding any other provision of this article to the contra-
9 ry, the New York state [residency] eligibility [requirement] REQUIRE-
10 MENTS for receipt of awards SET FORTH IN PARAGRAPH A, B, C, OR D OF
11 SUBDIVISION THREE OF THIS SECTION is waived for a member, or the spouse
12 or dependent of a member, of the armed forces of the United States on
13 full-time active duty and stationed in this state.
14 S 8. Paragraph h of subdivision 2 of section 355 of the education law
15 is amended by adding a new subparagraph 10 to read as follows:
16 (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS
17 NOT A RESIDENT OF NEW YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED
18 IN PARAGRAPH A, B, C, OR D OF SUBDIVISION THREE OF SECTION SIX HUNDRED
19 SIXTY-ONE OF THIS CHAPTER, MAY HAVE THE PAYMENT OF TUITION AND OTHER
20 FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER
21 FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN,
22 THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER.
23 S 9. Subdivision 7 of section 6206 of the education law is amended by
24 adding a new paragraph (d) to read as follows:
25 (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A
26 RESIDENT OF NEW YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED IN
27 PARAGRAPH A, B, C, OR D OF SUBDIVISION THREE OF SECTION SIX HUNDRED
28 SIXTY-ONE OF THIS CHAPTER, MAY HAVE THE PAYMENT OF TUITION AND OTHER
29 FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER
30 FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN,
31 THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER.
32 S 10. Section 6305 of the education law is amended by adding a new
33 subdivision 8-a to read as follows:
34 8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
35 WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A RESIDENT OF NEW
36 YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C,
37 OR D OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAP-
38 TER, MAY BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS AND OTHER
39 FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN,
40 THIRTEEN-A, FOURTEEN AND FOURTEEN-A OR ANY OTHER ARTICLE OF THIS CHAP-
41 TER.
42 S 11. Paragraph d of subdivision 3 of section 6451 of the education
43 law, as amended by chapter 149 of the laws of 1972, is amended to read
44 as follows:
45 d. Any necessary supplemental financial assistance, which may include
46 the cost of books and necessary maintenance for such enrolled students,
47 INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE
48 STUDENT IS A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C, OR D
49 OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER;
50 provided, however, that such supplemental financial assistance shall be
51 furnished pursuant to criteria promulgated by the commissioner with the
52 approval of the director of the budget.
53 S 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
54 of the education law, as added by chapter 917 of the laws of 1970, is
55 amended to read as follows:
S. 4179--D 5
1 (v) Any necessary supplemental financial assistance, which may include
2 the cost of books and necessary maintenance for such students, INCLUDING
3 STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT IS
4 A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C, OR D OF SUBDIVI-
5 SION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER; provided,
6 however, that such supplemental financial assistance shall be furnished
7 pursuant to criteria promulgated by such universities and approved by
8 the regents and the director of the budget.
9 S 13. Paragraph (a) of subdivision 2 of section 6455 of the education
10 law, as added by chapter 285 of the laws of 1986, is amended to read as
11 follows:
12 (a) Undergraduate science and technology entry program moneys may be
13 used for tutoring, counseling, remedial and special summer courses,
14 supplemental financial assistance, program administration, and other
15 activities which the commissioner may deem appropriate. To be eligible
16 for undergraduate collegiate science and technology entry program
17 support, a student must be [a resident of New York who is] A "QUALIFIED
18 STUDENT" PURSUANT TO PARAGRAPH A OR PARAGRAPH C OF SUBDIVISION THREE OF
19 SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER AND MUST BE either econom-
20 ically disadvantaged or from a minority group historically underrepre-
21 sented in the scientific, technical, health and health-related
22 professions, and [who demonstrates] MUST DEMONSTRATE interest in and a
23 potential for a professional career if provided special services. Eligi-
24 ble students must be in good academic standing, enrolled full time in an
25 approved, undergraduate level program of study, as defined by the
26 regents.
27 S 14. Paragraph (a) of subdivision 3 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) Graduate science and technology entry program moneys may be used
31 for recruitment, academic enrichment, career planning, supplemental
32 financial assistance, review for licensing examinations, program admin-
33 istration, and other activities which the commissioner may deem appro-
34 priate. To be eligible for graduate collegiate science and technology
35 entry program support, a student must be [a resident of New York who is]
36 A "QUALIFIED STUDENT" PURSUANT TO PARAGRAPH B OR PARAGRAPH D OF SUBDIVI-
37 SION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER AND MUST BE
38 either economically disadvantaged or from a minority group historically
39 underrepresented in the scientific, technical and health-related
40 professions AND MUST DEMONSTRATE AN INTEREST IN AND A POTENTIAL FOR A
41 PROFESSIONAL CAREER IF PROVIDED SPECIAL SERVICES. Eligible students
42 must be in good academic standing, enrolled full time in an approved
43 graduate level program, as defined by the regents.
44 S 15. Subparagraph (i) of paragraph a of subdivision 2 of section
45 695-e of the education law, as amended by chapter 593 of the laws of
46 2003, is amended to read as follows:
47 (i) the name, address and social security number [or], employer iden-
48 tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
49 account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
50 TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWELVE
51 THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-
52 TION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE
53 ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
54 S 16. Subparagraph (iii) of paragraph a of subdivision 2 of section
55 695-e of the education law, as amended by chapter 593 of the laws of
56 2003, is amended to read as follows:
S. 4179--D 6
1 (iii) the name, address, and social security number, EMPLOYER IDEN-
2 TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
3 designated beneficiary, UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN
4 EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
5 THOUSAND TWELVE THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
6 TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION
7 NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
8 S 17. This act shall take effect July 1, 2013.