A09605 Summary:

BILL NOA09605A
 
SAME ASSAME AS S00471-C
 
SPONSORDe La Rosa
 
COSPNSRHeastie, Glick, Crespo, Morelle, Rodriguez, Ortiz, Aubry, Gottfried, Ramos, O'Donnell, Lavine, Quart, Thiele, Benedetto, Rosenthal L, Miller MG, DenDekker, Abinanti, Paulin, Perry, Jaffee, Cahill, Mosley, Kim, Weprin, Rivera, Rozic, Dinowitz, Sepulveda, Skartados, Zebrowski, Colton, Davila, Fahy, Arroyo, Otis, Barron, Bichotte, Blake, Brindisi, Dilan, Jean-Pierre, Joyner, Pichardo, Seawright, Simon, Titus, Walker, Weinstein, Mayer, Hyndman, Niou, Carroll, Dickens, D'Urso, Barnwell, Vanel, Taylor, Titone, Richardson, Rosenthal D, Simotas, Fernandez, Espinal, Epstein
 
MLTSPNSRBraunstein, Cymbrowitz, Englebright, Galef, Hevesi, Hooper, Jenne, Lentol, Lifton, Nolan, Peoples-Stokes, Pretlow, Solages, Steck
 
Add 609-a, rpld 661 sub 3, amd 661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L
 
Enacts the New York state DREAM Act by creating the New York DREAM fund commission and amends eligibility requirements and conditions governing certain awards.
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A09605 Actions:

BILL NOA09605A
 
01/25/2018referred to higher education
02/01/2018amend and recommit to higher education
02/01/2018print number 9605a
02/05/2018reported referred to ways and means
02/05/2018reported referred to rules
02/05/2018reported
02/05/2018rules report cal.7
02/05/2018ordered to third reading rules cal.7
02/05/2018passed assembly
02/05/2018delivered to senate
02/05/2018REFERRED TO HIGHER EDUCATION
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A09605 Floor Votes:

DATE:02/05/2018Assembly Vote  YEA/NAY: 89/44
AbbateYCrouchNOGuntherYMayerYPichardoYTaylorY
AbinantiYCurranNOHarrisERMcDonaldYPretlowYThieleY
ArroyoYCusickNOHawleyNOMcDonoughERQuartYTitoneY
AubryYCymbrowitzYHevesiYMill B NORaNOTitusY
BarclayNODavilaERHikindYMill MGYRaiaNOVanelY
BarnwellYDe La RosaYHooperYMill MLNORamosYWalkerY
BarrettYDenDekkerYHunterYMontesanoNORichardsonYWallaceNO
BarronYDickensYHyndmanYMorelleYRiveraYWalshNO
BenedettoYDilanYJaffeeYMorinelloNORodriguezYWalterNO
BichotteYDinowitzYJean-PierreYMosleyYRose D YWeinsteinY
BlakeYDiPietroNOJenneYMurrayNORose L ERWeprinY
BlankenbushNOD'UrsoYJohnsNONiouYRozicYWilliamsY
BrabenecNOEnglebrightYJonesNONolanYRyanYWoernerNO
BraunsteinYErrigoNOJoynerYNorrisNOSantabarbaraNOWrightY
BrindisiYFahyYKimYOaksNOSchimmingerERZebrowskiY
BronsonYFinchNOKolbNOO'DonnellYSeawrightYMr SpkrY
BuchwaldYFitzpatrickNOLalorNOOrtizYSepulvedaY
ButlerNOFriendNOLavineYOtisYSimonER
ByrneNOGalefYLawrenceNOPalmesanoNOSimotasY
CahillYGanttERLentolYPalumboNOSkartadosY
CarrollYGarbarinoNOLiftonYPaulinYSkoufisNO
CastorinaNOGiglioNOLupardoYPellegrinoYSolagesY
ColtonERGlickYMageeNOPeoples-StokesYStecNO
CookYGoodellNOMagnarelliYPerryYSteckY
CrespoYGottfriedYMalliotakisNOPheffer AmatoYStirpeNO

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A09605 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9605A
 
SPONSOR: De La Rosa (MS)
  TITLE OF BILL: An act to amend the education law, in relation to creating the New York DREAM fund commission; eligibility requirements and conditions governing general awards, academic performance awards and student loans; eligibil- ity requirements for assistance under the higher education opportunity programs and the collegiate science and technology entry program; finan- cial aid opportunities for students of the state university of New York, the city university of New York and community colleges; and the program requirements for the New York state college choice tuition savings program; and to repeal subdivision 3 of section 661 of such law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: This bill would create the New York State DREAM Act. This bill would create a DREAM fund commission and a DREAM fund in order to advance the educational opportunities of the children of immigrants by providing scholarships to college bound students. This bill would also eliminate potential financial obstacles to obtain- ing State financial aid and extend the opportunities for undocumented students to attend higher education institutions in this State by providing a benefit consistent with U.S. citizens and nationals. Finally this bill would eliminate barriers for immigrant aliens to save for their families higher education expenses by allowing such individ- uals to open a New York State 529 family tuition account under the New York State College Tuition Savings Program and/or be a designated bene- ficiary on an account if they have a taxpayer identification number.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 entitles the bill the "New York State DREAM Act". Section 2 of the bill would add a new Education Law § 609-a to create a DREAM fund commission and a DREAM fund. The commission, whose members are appointed by the Executive and Legislature, would raise money for the DREAM fund in order to provide scholarships to college bound chil- dren who are the children of immigrants. The commission would be required to establish the criteria for the scholarships, to create and publicize a training program for education professionals, and to develop a public awareness campaign for the DREAM fund awards. Neither the commission nor the fund would receive state funding or aid. The commis- sion would be subject to the Freedom of Information Law, the Open Meet- ings Law, and the code of ethics in section 74 of the Public Officers Law. Section 3 of the bill repeals Education Law § 661(3) to eliminate the requirement that an applicant for a general award or academic perform- ance award be either a citizen of the United States, or an alien lawfully admitted for permanent residence in the United States, or an individual of a class of refugees paroled by the attorney general of the United States under his parole authority pertaining to the admission of aliens to the United States. Section 4 of the bill would amend Education Law § 661(5)(a) to allow certain applicants for undergraduate awards who are not legal residents of the state to be eligible for awards if they meet certain qualifica- tions. The student must have either: (1) attended a registered New York high school for 2 or more years, graduated from a registered New York high school, and applied for attendance at the institution of higher education for the undergraduate study for which an award is sought with- in 5 years of receiving a high school diploma; (2) attended an approved program for a state high school equivalency diploma, received a diploma, and applied for attendance at the institution of higher education for undergraduate study for which an award is sought within 5 years of receiving a state high school equivalency diploma; or (3) must 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 ("SUNY"), the City University of New York ("CUNY") or community colleges as prescribed in Education Law § 355(2)(1)(8) or § 6206(7)(a). Further, undocumented students would also be required to file an affida- vit with the higher education institution that he or she has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so. Section 5 of the bill would amend Education Law § 661(5)(b) to make a similar change for applicants seeking an award at the graduate level of study, except for graduate study, the nonresident student must have either: (1) attended a registered New York high school for 2 or more years, graduated from a registered New York high school, and applied for attendance at the institution of higher education for the graduate study for which an award is sought within 10 years of receiving a high school diploma; (2) attended an approved program for a state high school equiv- alency diploma, received a diploma, and applied for attendance at the institution of higher education for the graduate study for which an award is sought within 10 years of receiving a state high school equiv- alency diploma; or (3) must be otherwise eligible for the payment of tuition and fees at a rate no greater than that imposed for resident students of the SUNY, the CUNY or community colleges as prescribed in Education Law § 355(2)(h)(8)or 6206(7)(a). Section 6 of the bill would amend Education Law § 661(5)(d) to clarify that if an applicant for tuition assistance does not have a New York State residence, the applicant shall be deemed to reside in the geographic area of the institution of higher education in which he or she attends for purposes of an award allocated on a geographic basis. Section 7 of the bill would amend Education Law § 661(5)(e) to clarify that the new requirements in paragraphs (a) and (b) of this subdivision are waived for a member, or the spouse or dependent of a member, of the armed forces' of the United States on a full-time active duty and stationed in this state. Section 8 of the bill would add a new Education Law § 355(2)(h)(10) to allow certain SUNY students who are not legal residents of the state to have the payment of tuition and other fees and charges reduced by state- aided programs, scholarships, or other financial assistance awarded under Articles 13, 13-a, 14, and 14-a, provided that the student meets the requirements in Education Law § 661(5)(a)(ii) or (b)(ii). Section 9 of the bill adds a new Education Law § 6206(7)(d) to make a conforming change for CUNY. Section 10 of the bill adds a new Education Law § 6305(8-a) to make a conforming change for community colleges. Sections 11 and 12 of the bill amend Education Law § 6451(3)(d) and § 6452(4)(a)(v) to allow undocumented students who participate in opportu- nity programs to receive supplemental financial assistance provided that the student meets the requirements in Education Law § 661 (5) (aXii) or (bXii). Section 13 of the bill adds Education Law § 6455(2)(a) to allow an applicant for the college science and technology entry program who is not a legal resident of the state to be eligible for an award at the undergraduate level of study provided that the student either: (I) attended a registered New York high school for 2 or more years, gradu- ated from a registered New York high school, and applied for attendance at the institution of higher education for the undergraduate study for which an award is sought within 5 years of receiving a high school diploma; (2) attended an approved program for a state high school equiv- alency diploma, received a diploma, and applied for attendance at the institution of higher education for the undergraduate study for which an award is sought within 5 years of receiving a state high school equiv- alency diploma; or (3) is otherwise eligible for the payment of tuition and fees at a rate no greater than that imposed for resident students SUNY, CUNY or community colleges as prescribed in Education Law § 355(2)(h)(8) or § 6206(7)(a). Further, undocumented students would also be required to file an affidavit with the higher education institution that he or she has filed an application to legalize his or her immi- gration status, or will file such an application as soon as he or she is eligible to do so. Section 14 of the bill amends Education Law § 6455(3)(a) to make a conforming change for nonresident applicants at the graduate level of study, except such applicants must have either: (1) attended a regis- tered New York high school for 2 or more years, graduated from a regis- tered New York high school, and applied for attendance at the institu- tion of higher education for the graduate study for which an award is sought within 10 years of receiving a high school diploma; (2) attended an approved program for a state high school equivalency diploma, received a diploma, and applied for attendance at the institution of higher education for the graduate study for which an award is sought within 10 years of receiving a state high school equivalency diploma: or (3) is otherwise eligible for the payment of tuition at a rate no great- er than that imposed for resident students of the SUNY, the CUNY or community colleges as prescribed in Education Law § 355(2)(h) (8) or § 6206(7)(a). Sections 15 and 16 of the bill amends Education Law §§ 695-e(2)(a)(i) and (a)(iii) to allow individuals with a taxpayer identification number (ITIN) to open a family tuition account and/or be a designated benefici- ary under the New York State College Tuition Savings Program unless the account was in effect prior to the effective date of this chapter and does not allow for an ITIN, in which case an ITIN shall be allowed upon expiration of the contract. Section 17 would direct the president of the higher education services corporation (HESC), in consultation with the commissioner of education (SED), to establish an application form and procedures that allow a student applicant that meets the requirements to apply to HESC or SED for applicable awards without having to submit information to any other state or federal agency. All information contained within these applica- tions would he deemed confidential. Section 18 is the effective date.   JUSTIFICATION: Currently, New York enables hundreds of thousands of undocumented students to receive an education through the state's public school system. Our state recognizes the value of an investment in career and college readiness for these students. It makes economic sense to help these young students become fully participant in New York's economy. Yet their futures are undeniably circumscribed by current immigration law and State law relating to State financial aid for postsecondary education. These young people generally derive their immigration status from their parents. If their parents are undocumented, many have no mechanism to obtain legal residency even if they have lived most of their lives in the U.S. Current State law prohibits undocumented immigrant students from receiv- ing State financial aid (i.e. general awards and academic performance awards). Denying them aid means denying them access to higher education. This bill would seek to ease the financial burden of the high cost of higher education by creating a commission and fund to raise money in order to provide scholarships to the children of immigrants as well as allowing eligible undocumented students to receive such awards by making graduates of New York high schools or programs leading to a State high school equivalency diploma and persons otherwise eligible for in-state tuition in SUNY, CUNY or other institutions eligible to receive such awards regardless of their residence or immigration status. Thus, the bill also allows nonresidents of the State to be eligible for these awards if they meet the specified qualifications in order to not violate federal law. The bill also seeks to ensure compliance with immigration laws, by requiring immigrant students to demonstrate that they have taken appropriate steps to legalize their immigration status. Our society and our economic growth depend on a vibrant, well-educated workforce but right now, hundreds of thousands of New Yorkers are denied the opportunity to the education they need to fully participate in our economy. Without access to higher education, these students are far too often forced into the shadows of poverty and desperate existence. This bill addresses the compelling need to maintain educational opportunities at SUNY and CUNY, community colleges and State-aided four-year colleges for certain immigrant students in New York State. To accomplish this, the bill provides that SUNY and CUNY, community colleges and State-aided four-year programs allow non-resident students to have the payment of tuition and other fees and charges reduced by State-aided programs, scholarships or other financial assistance awarded if the student meets the criteria that would qualify him or her to receive TAP or other general awards under Education Law § 651. The bill also allows undocumented students to receive supplemental financial assistance as part of the higher education opportunity programs and the collegiate technology entry programs if they meet the criteria that would qualify them to receive TAP or other general awards under Education Law § 651. Finally, the bill recognizes the importance of attracting hard-working undocumented students to public and private colleges and universities within the State by enabling such students to benefit from the tax incentive provided for qualified state tuition programs under the Inter- nal Revenue Code of 1986. The bill allows undocumented aliens with a taxpayer identification number to open a family tuition account and/or to be a designated beneficiary of such account, except in limited exceptions. This bill would extend New York State's legacy of providing a high-qual- ity affordable higher education to hard-working immigrants and would reinforce our State's commitment to being a beacon of freedom and oppor- tunity for immigrants.   PRIOR LEGISLATIVE HISTORY: 2013 Passed Assembly A.2597 2014 Lost in Senate A.2597-A 2014 Passed Assembly A.9640 2015 Passed Assembly A.4311 2016 Passed Assembly A.4311A 2017 Passed Assembly A.3039   FISCAL IMPLICATIONS: This bill would allow certain undocumented students to access the Tuition Assistance Program (TAP). Currently, the maximum TAP award for students is $5,165.. The costs of this bill would depend on the number of undocumented students that choose to apply for TAP grants as well as the level of their TAP award.   EFFECTIVE DATE: This act shall take effect on: *January 1, 2018 for the DREAM Fund Commission: *90 days upon enactment for the New York State College Tuition Savings (529) Program; and *90 days upon issuance of regulations and the development of an applica- tion form by HESC and SED, or 90 days upon enactment, whichever shall be later.
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