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STATE OF NEW YORK
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6829--C

2011-2012 Regular Sessions

IN ASSEMBLY

April 4, 2011
___________

Introduced  by M. of A. LINARES, WRIGHT, P. RIVERA, MENG, AUBRY, CASTRO,
  WEPRIN, JAFFEE, JACOBS, JEFFRIES, BRENNAN,  THIELE,  BARRON,  ROBERTS,
  GIBSON,  CAMARA, RODRIGUEZ, LAVINE, LANCMAN, ORTIZ, FARRELL, KAVANAGH,
  O'DONNELL, SCARBOROUGH, ROBINSON, BENEDETTO, MOYA, SIMOTAS, ROSENTHAL,
  CRESPO, BOYLAND, STEVENSON, N. RIVERA, PERRY, MAISEL, SCHIMEL, CAHILL,
  J. RIVERA,  RAMOS,  ESPINAL,  CLARK,  GOLDFEDER,   TITUS,   M. MILLER,
  DenDEKKER,  ARROYO,  KELLNER  --  Multi-Sponsored by -- M. of A. COOK,
  DINOWITZ, GOTTFRIED,  HEASTIE,  HOOPER,  LIFTON,  LUPARDO,  J. MILLER,
  MILLMAN,  NOLAN,  PAULIN,  RUSSELL  --  read  once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Governmental Operations in accordance with  Assem-
  bly  Rule  3,  sec.  2  -- 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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York dream act".
  S 2. The executive law is amended by adding a new section 101 to  read
as follows:
  S  101.  NEW YORK DREAM ACT. 1. THERE IS HEREBY ESTABLISHED WITHIN THE
DEPARTMENT, A DREAM ACT, WHEREBY UNDOCUMENTED IMMIGRANTS WHO SATISFY THE
REQUIREMENTS SET FORTH IN SUBDIVISION THREE OF THIS SECTION SHALL QUALI-
FY FOR THE BENEFITS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10420-12-2
A. 6829--C                          2

  A. "ELIGIBLE PERSON" SHALL MEAN ANY INDIVIDUAL THAT MEETS THE CRITERIA
SET FORTH IN SUBDIVISION THREE OF THIS SECTION.
  B. "UNDOCUMENTED" SHALL MEAN A NON-NATURALIZED IMMIGRANT.
  3. TO BE ELIGIBLE FOR BENEFITS UNDER SUBDIVISION FOUR OF THIS SECTION,
AN INDIVIDUAL SHALL:
  A.  HAVE  GRADUATED FROM HIGH SCHOOL WITH A HIGH SCHOOL DIPLOMA OR ITS
EQUIVALENT, INCLUDING, BUT NOT LIMITED TO A GED;
  B. HAVE ENTERED THE UNITED STATES BEFORE THE AGE OF EIGHTEEN;
  C. BE UNDER THE AGE OF THIRTY-FIVE;
  D. NOT HAVE BEEN CONVICTED IN THIS STATE OR ANY OTHER STATE OR  TERRI-
TORY OF A VIOLENT FELONY; AND
  E.  (I)  HAVE ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO
OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN  FIVE  YEARS
OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (II) HAVE 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  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (III) OTHERWISE BE 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 THE EDUCATION LAW.
  4.  ANY  ELIGIBLE  PERSON  SHALL  HAVE  ACCESS TO STATE-, CITY-, TOWN-
AND/OR VILLAGE-FUNDED FINANCIAL AID PROGRAMS, INCLUDING, BUT NOT LIMITED
TO GRANTS, LOANS AND SCHOLARSHIPS.
  5. THE SECRETARY SHALL PROMULGATE RULES AND REGULATIONS TO EFFECT  THE
PURPOSES  OF  THIS  SECTION  AND  TO FURTHER DEFINE THE REQUIREMENTS AND
BENEFITS OF THIS SECTION.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.