Establishes the New York state dream act, providing certain people with access to state-, city-, town-, and/or village-funded financial aid programs.
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, are under the age of 35, have demonstrated a commitment to education and good moral character, attended (for at least 2 years) and graduated from a registered New York State high school, or attended an approved New York state program for a state high school equivalency diploma and received such diploma, to have access to financial aid opportunities within the state.
JUSTIFICATION: 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.
This bill is about access to education, but it is also about providing a pathway to economic prosperity for both the individual receiving the education and for the state. Increasing the education level of workers also increases their productivity, and the more highly educated the state's labor force, the more attractive the state is as a place to locate businesses.
There are currently an estimated 475,000 undocumented immigrants in the New York State labor force. Having large numbers of undocumented workers should not be considered a permanent situation: federal reform is urgently needed to fix immigration policy. But gridlock at the federal level should not prevent New York State from investing in its own economy.
The National Skills Coalition reports that New York is facing a shortage of workers who have the required skill level for most job openings. New York would benefit greatly from undocumented students receiving access to a college education. In fact, NSC also estimates that 39% of all future job openings will require at least an associate's degree.
Furthermore, it is universally accepted that those who pay taxes should benefit from those taxes, whether those benefits be public safety or access to higher education.
According to the Institute for Taxation and Economic Policy, undocumented immigrants paid over $662 million in taxes to New York State in 2010, making it the state with the fourth highest revenue in taxes from undocumented immigrants.
They paid approximately; $104.4 million in personal income taxes, $95 million in property taxes, and over $463 million in sales taxes. It is unjust, unfair and un-American to collect well over a half a billion dollars in tax revenue from undocumented immigrants only to deny them financial support that is granted to other New Yorkers.
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.
LEGISLATIVE HISTORY: 03/22/11 REFERRED TO FINANCE 11/30/11 AMEND AND RECOMMIT TO FINANCE 11/30/11 PRINT NUMBER 4179A 12/06/11 AMEND AND RECOMMIT TO FINANCE 12/06/11 PRINT NUMBER 4179B 01/04/12 REFERRED TO FINANCE 02/24/12 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED 03/12/12 COMMITTEE DISCHARGED AND COMMITTED TO RULES
FISCAL IMPLICATIONS: As per the analysis of the Fiscal Policy Institute as well as the State Education Department, it is estimated that this legislation will only cost an additional 1% or 2% of current TAP funding.
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.
STATE OF NEW YORK ________________________________________________________________________ 4179--C 2011-2012 Regular Sessions IN SENATE 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 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:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10420-11-2 S. 4179--C 2
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.