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BILL NUMBER:S4179A

TITLE OF BILL: 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

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

SUMMARY OF PROVISIONS: The Executive law is amended by adding a new section 101. This legislation will allow undocumented young adults who entered into the country before the age of 18, have lived in New York State for a minimum of 2 years, are under the age of 35, and have demonstrated a commitment to education and good moral character to have access to financial aid opportunities within the state.

JUSTIFICATION: Despite an unprecedented year of action and escalation taken by undocumented 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.

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.

LEGISLATIVE HISTORY: 03/22/11 REFERRED TO FINANCE

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after is shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal if any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

Text

STATE OF NEW YORK
________________________________________________________________________

4179--A

2011-2012 Regular Sessions

IN SENATE

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:

  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:
  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 SIXTEEN;
  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 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

  E.  HAVE  RESIDED  IN NEW YORK STATE FOR AT LEAST TWO YEARS BEFORE THE
EFFECTIVE DATE OF THIS SECTION.
  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; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.