- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
S01250 Summary:
BILL NO | S01250 |
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SAME AS | SAME AS UNI. A00782 |
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SPONSOR | SEPULVEDA |
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COSPNSR | BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GIANARIS, GOUNARDES, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KRUEGER, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SERRANO, STAVISKY, STEWART-COUSINS, THOMAS |
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MLTSPNSR | |
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Add §609-a, rpld §661 sub 3, amd §§661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L | |
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Enacts the New York state DREAM Act by creating the New York DREAM fund commission and amends eligibility requirements and conditions governing certain awards. |
S01250 Actions:
BILL NO | S01250 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/11/2019 | REFERRED TO HIGHER EDUCATION | |||||||||||||||||||||||||||||||||||||||||||||||||
01/22/2019 | REPORTED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/22/2019 | ORDERED TO THIRD READING CAL.36 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2019 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2019 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2019 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2019 | substituted for a782 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2019 | ordered to third reading cal.9 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2019 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2019 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
04/10/2019 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
04/12/2019 | SIGNED CHAP.26 |
S01250 Committee Votes:
Go to topS01250 Floor Votes:
ER
Abbate
Yes
Crespo
ER
Gantt
No
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
ER
Crouch
No
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
No
Giglio
Yes
Magnarelli
Yes
Pichardo
No
Smith
No
Ashby
Yes
Cusick
Yes
Glick
No
Malliotakis
Yes
Pretlow
No
Smullen
Yes
Aubry
Yes
Cymbrowitz
No
Goodell
No
Manktelow
Yes
Quart
Yes
Solages
No
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
No
Ra
No
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
ER
McDonough
No
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
No
DeStefano
No
Hawley
No
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
No
Miller B
No
Reilly
No
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
No
Miller ML
Yes
Richardson
Yes
Thiele
No
Blankenbush
No
DiPietro
Yes
Jacobson
No
Montesano
Yes
Rivera
Yes
Titus
No
Brabenec
Yes
D'Urso
Yes
Jaffee
No
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
No
Walczyk
Yes
Bronson
Yes
Englebright
No
Johns
Yes
Niou
Yes
Rosenthal D
ER
Walker
Yes
Buchwald
Yes
Epstein
No
Jones
Yes
Nolan
Yes
Rosenthal L
No
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
No
Norris
Yes
Rozic
No
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
No
Byrne
Yes
Fernandez
No
Kolb
Yes
Ortiz
No
Salka
Yes
Weprin
No
Byrnes
ER
Finch
No
Lalor
Yes
Otis
No
Santabarbara
Yes
Williams
Yes
Cahill
No
Fitzpatrick
Yes
Lavine
No
Palmesano
Yes
Sayegh
No
Woerner
Yes
Carroll
ER
Friend
No
Lawrence
ER
Palumbo
ER
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
ER
Lentol
Yes
Paulin
No
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
ER
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S01250 Memo:
Memo not availableGo to top
S01250 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ S. 1250 A. 782 2019-2020 Regular Sessions SENATE - ASSEMBLY January 11, 2019 ___________ IN SENATE -- Introduced by Sens. SEPULVEDA, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GIANARIS, GOUNARDES, HOYLMAN, JACK- SON, KAMINSKY, KAPLAN, KAVANAGH, KRUEGER, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SERRANO, STAVISKY, STEWART-COUSINS, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education IN ASSEMBLY -- Introduced by M. of A. DE LA ROSA, HEASTIE, GLICK, CRES- PO, PEOPLES-STOKES, RODRIGUEZ, ORTIZ, AUBRY, GOTTFRIED, RAMOS, O'DONNELL, LAVINE, QUART, THIELE, BENEDETTO, L. ROSENTHAL, M. G. MILL- ER, DenDEKKER, ABINANTI, PAULIN, PERRY, JAFFEE, CAHILL, MOSLEY, KIM, WEPRIN, RIVERA, ROZIC, DINOWITZ, ZEBROWSKI, COLTON, DAVILA, FAHY, ARROYO, OTIS, BARRON, BICHOTTE, BLAKE, DILAN, JEAN-PIERRE, JOYNER, PICHARDO, SEAWRIGHT, SIMON, TITUS, WALKER, WEINSTEIN, HYNDMAN, NIOU, CARROLL, DICKENS, D'URSO, BARNWELL, VANEL, TAYLOR, RICHARDSON, D. ROSENTHAL, SIMOTAS, FERNANDEZ, EPSTEIN, BRONSON, CRUZ, FALL, FRON- TUS, GRIFFIN, JACOBSON, LIFTON, McMAHON, REYES, ROMEO -- Multi-Spon- sored by -- M. of A. BRAUNSTEIN, CYMBROWITZ, ENGLEBRIGHT, GALEF, HEVE- SI, LENTOL, NOLAN, PRETLOW, SOLAGES, STECK -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to creating the New York DREAM fund commission; eligibility requirements and conditions govern- ing general awards, academic performance awards and student loans; eligibility requirements for assistance under the higher education opportunity programs and the collegiate science and technology entry program; financial aid opportunities for students of the state univer- sity 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05294-03-9S. 1250 2 A. 782 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 "Jose 2 Peralta New York state DREAM act". 3 § 2. The education law is amended by adding a new section 609-a to 4 read as follows: 5 § 609-a. New York DREAM fund commission. 1. (a) There shall be 6 created a New York DREAM fund commission which shall be committed to 7 advancing the educational opportunities of the children of immigrants. 8 (b) The New York DREAM fund commission shall be composed of twelve 9 members to be appointed as follows: 10 (i) Four members shall be appointed by the governor; 11 (ii) Three members shall be appointed by the temporary president of 12 the senate; 13 (iii) Three members shall be appointed by the speaker of the assembly; 14 (iv) One member shall be appointed by the minority leader of the 15 senate; 16 (v) One member shall be appointed by the minority leader of the assem- 17 bly; 18 (c) To the extent practicable, members of such commission shall 19 reflect the racial, ethnic, gender, language, and geographic diversity 20 of the state. 21 (d) To the extent practicable, members of such commission shall 22 include college and university administrators and faculty, and other 23 individuals committed to advancing the educational opportunities of the 24 children of immigrants. 25 (e) Members of the New York DREAM fund commission shall receive no 26 compensation for their services. 27 2. (a) The New York DREAM fund commission shall have the power to: 28 (i) Administer the provisions of this section; 29 (ii) Create and raise funds for the New York DREAM fund; 30 (iii) Establish a not-for-profit entity charged with the responsibil- 31 ity of raising funds for the administration of this section and any 32 educational or training programs such commission is tasked with adminis- 33 trating and funding scholarships to students who are children of immi- 34 grants to the United States; 35 (iv) Publicize the availability of such scholarships from the New York 36 DREAM fund; 37 (v) Develop criteria and a selection process for the recipients of 38 scholarships from the New York DREAM fund; 39 (vi) Research issues pertaining to the availability of assistance with 40 the costs of higher education for the children of immigrants and other 41 issues regarding access for and the performance of the children of immi- 42 grants within higher education; 43 (vii) Establish, publicize, and administer training programs for high 44 school counselors, admissions officers, and financial aid officers of 45 institutions of higher education. The training programs shall instruct 46 participants on the educational opportunities available to college-bound 47 students who are the children of immigrants, including, but not limited 48 to, in-state tuition and scholarship programs. To the extent practica- 49 ble, the New York DREAM fund commission shall offer the training program 50 to school districts and boards of cooperative educational services 51 throughout the state, provided however, that priority shall be given to 52 school districts and boards of cooperative educational services with 53 larger number of students who are the children of immigrants over schoolS. 1250 3 A. 782 1 districts and boards of cooperative educational services with lesser 2 number of students who are the children of immigrants; 3 (viii) Establish a public awareness campaign regarding educational 4 opportunities available to college bound students who are the children 5 of immigrants; and 6 (ix) Establish, by rule, procedures for accepting and evaluating 7 applications for scholarships from the children of immigrants and issu- 8 ing scholarships to selected student applicants; 9 (b) To receive a scholarship pursuant to this section, a student 10 applicant must meet the following qualifications: 11 (i) Have resided with his or her parents or guardians while attending 12 a public or private high school in this state; 13 (ii) Have graduated from a public or private high school or received 14 the equivalent of a high school diploma in this state; 15 (iii) Have attended a public or private high school in this state for 16 at least two years as of the date he or she graduated from high school 17 or received the equivalent of a high school diploma; 18 (iv) Have at least one parent or guardian who immigrated to the United 19 States. 20 (c) The New York DREAM fund commission and the New York DREAM fund 21 shall be funded entirely by private contributions and no state funds 22 shall be appropriated to or used by the New York DREAM fund. No funds 23 of the New York DREAM fund or the New York DREAM fund commission shall 24 be transferred to the general fund or any special revenue fund or shall 25 be used for any purpose other than the purposes set forth in this 26 section. 27 3. The New York DREAM fund commission and the New York DREAM fund 28 shall be subject to the provisions of articles six and seven and section 29 seventy-four of the public officers law. 30 § 3. Subdivision 3 of section 661 of the education law is REPEALED. 31 § 4. Paragraph a of subdivision 5 of section 661 of the education law, 32 as amended by chapter 466 of the laws of 1977, is amended to read as 33 follows: 34 a. (i) Except as provided in subdivision two of section six hundred 35 seventy-four of this part and subparagraph (ii) of this paragraph, an 36 applicant for an award at the undergraduate level of study must either 37 [(i)] (a) have been a legal resident of the state for at least one year 38 immediately preceding the beginning of the semester, quarter or term of 39 attendance for which application for assistance is made, or [(ii)] (b) 40 be a legal resident of the state and have been a legal resident during 41 his last two semesters of high school either prior to graduation, or 42 prior to admission to college. Provided further that persons shall be 43 eligible to receive awards under section six hundred sixty-eight or 44 section six hundred sixty-nine of this part who are currently legal 45 residents of the state and are otherwise qualified. 46 (ii) An applicant who is not a legal resident of the state eligible 47 pursuant to subparagraph (i) of this paragraph, but is a United States 48 citizen, a permanent lawful resident, a lawful non-immigrant alien or an 49 applicant without lawful immigration status shall be eligible for an 50 award at the undergraduate level of study provided that the student: 51 (a) attended a registered New York state high school for two or more 52 years, graduated from a registered New York state high school and 53 applied for attendance at the institution of higher education for the 54 undergraduate study for which an award is sought within five years of 55 receiving a New York state high school diploma; orS. 1250 4 A. 782 1 (b) attended an approved New York state program for a state high 2 school equivalency diploma, received a state high school equivalency 3 diploma and applied for attendance at the institution of higher educa- 4 tion for the undergraduate study for which an award is sought within 5 five years of receiving a state high school equivalency diploma; or 6 (c) is otherwise eligible for the payment of tuition and fees at a 7 rate no greater than that imposed for resident students of the state 8 university of New York, the city university of New York or community 9 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 10 sion two of section three hundred fifty-five or paragraph (a) of subdi- 11 vision seven of section sixty-two hundred six of this chapter. 12 Provided, further, that a student without lawful immigration status 13 shall also be required to file an affidavit with such institution of 14 higher education stating that the student has filed an application to 15 legalize his or her immigration status, or will file such an application 16 as soon as he or she is eligible to do so. 17 § 5. Paragraph b of subdivision 5 of section 661 of the education law, 18 as amended by chapter 466 of the laws of 1977, is amended to read as 19 follows: 20 b. [An] (i) Except as otherwise provided in subparagraph (ii) of this 21 paragraph, an applicant for an award at the graduate level of study must 22 either [(i)] (a) have been a legal resident of the state for at least 23 one year immediately preceding the beginning of the semester, quarter or 24 term of attendance for which application for assistance is made, or 25 [(ii)] (b) be a legal resident of the state and have been a legal resi- 26 dent during his last academic year of undergraduate study and have 27 continued to be a legal resident until matriculation in the graduate 28 program. 29 (ii) An applicant who is not a legal resident of the state eligible 30 pursuant to subparagraph (i) of this paragraph, but is a United States 31 citizen, a permanent lawful resident, a lawful non-immigrant alien or an 32 applicant without lawful immigration status shall be eligible for an 33 award at the graduate level of study provided that the student: 34 (a) attended a registered approved New York state high school for two 35 or more years, graduated from a registered New York state high school 36 and applied for attendance at the institution of higher education for 37 the graduate study for which an award is sought within ten years of 38 receiving a New York state high school diploma; or 39 (b) attended an approved New York state program for a state high 40 school equivalency diploma, received a state high school equivalency 41 diploma and applied for attendance at the institution of higher educa- 42 tion for the graduate study for which an award is sought within ten 43 years of receiving a state high school equivalency diploma; or 44 (c) is otherwise eligible for the payment of tuition and fees at a 45 rate no greater than that imposed for resident students of the state 46 university of New York, the city university of New York or community 47 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 48 sion two of section three hundred fifty-five or paragraph (a) of subdi- 49 vision seven of section sixty-two hundred six of this chapter. 50 Provided, further, that a student without lawful immigration status 51 shall also be required to file an affidavit with such institution of 52 higher education stating that the student has filed an application to 53 legalize his or her immigration status, or will file such an application 54 as soon as he or she is eligible to do so.S. 1250 5 A. 782 1 § 6. Paragraph d of subdivision 5 of section 661 of the education law, 2 as amended by chapter 844 of the laws of 1975, is amended to read as 3 follows: 4 d. If an applicant for an award allocated on a geographic basis has 5 more than one residence in this state, his or her residence for the 6 purpose of this article shall be his or her place of actual residence 7 during the major part of the year while attending school, as determined 8 by the commissioner; and further provided that an applicant who does not 9 have a residence in this state and is eligible for an award pursuant to 10 subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of 11 this subdivision shall be deemed to reside in the geographic area of the 12 institution of higher education in which he or she attends for purposes 13 of an award allocated on a geographic basis. 14 § 7. Paragraph e of subdivision 5 of section 661 of the education law, 15 as added by chapter 630 of the laws of 2005, is amended to read as 16 follows: 17 e. Notwithstanding any other provision of this article to the contra- 18 ry, the New York state [residency] eligibility [requirement] require- 19 ments for receipt of awards [is] set forth in paragraphs a and b of this 20 subdivision are waived for a member, or the spouse or dependent of a 21 member, of the armed forces of the United States on full-time active 22 duty and stationed in this state. 23 § 8. Paragraph h of subdivision 2 of section 355 of the education law 24 is amended by adding a new subparagraph 10 to read as follows: 25 (10) Such regulations shall further provide that any student who is 26 not a legal resident of New York state but is a United States citizen, a 27 permanent lawful resident, a lawful non-immigrant alien or an applicant 28 without lawful immigration status may have the payment of tuition and 29 other fees and charges reduced by state-aided programs, scholarships or 30 other financial assistance awarded under the provisions of articles 31 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided 32 that the student meets the requirements set forth in subparagraph (ii) 33 of paragraph a or subparagraph (ii) of paragraph b of subdivision five 34 of section six hundred sixty-one of this chapter, as applicable. 35 § 9. Subdivision 7 of section 6206 of the education law is amended by 36 adding a new paragraph (e) to read as follows: 37 (e) The trustees shall further provide that any student who is not a 38 legal resident of New York state but is a United States citizen, a 39 permanent lawful resident, a lawful non-immigrant alien or an applicant 40 without lawful immigration status may have the payment of tuition and 41 other fees and charges reduced by state-aided programs, scholarships or 42 other financial assistance awarded under the provisions of articles 43 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided 44 that the student meets the requirements set forth in subparagraph (ii) 45 of paragraph a or subparagraph (ii) of paragraph b of subdivision five 46 of section six hundred sixty-one of this chapter, as applicable. 47 § 10. Section 6305 of the education law is amended by adding a new 48 subdivision 8-a to read as follows: 49 8-a. The payment of tuition and other fees and charges of a student 50 who is attending a community college and who is not a legal resident of 51 New York state but is a United States citizen, a permanent lawful resi- 52 dent, a lawful non-immigrant alien or an applicant without lawful immi- 53 gration status may be reduced by state-aided programs, scholarships and 54 other financial assistance awarded under the provisions of articles 55 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided 56 that the student meets the requirements set forth in subparagraph (ii)S. 1250 6 A. 782 1 of paragraph a or subparagraph (ii) of paragraph b of subdivision five 2 of section six hundred sixty-one of this chapter, as applicable. 3 § 11. Paragraph d of subdivision 3 of section 6451 of the education 4 law, as amended by chapter 494 of the laws of 2016, is amended to read 5 as follows: 6 d. Any necessary supplemental financial assistance, which may include 7 the cost of books and necessary maintenance for such enrolled students, 8 including students without lawful immigration status provided that the 9 student meets the requirements set forth in subparagraph (ii) of para- 10 graph a or subparagraph (ii) of paragraph b of subdivision five of 11 section six hundred sixty-one of this chapter, as applicable; provided, 12 however, that such supplemental financial assistance shall be furnished 13 pursuant to criteria promulgated by the commissioner with the approval 14 of the director of the budget; 15 § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452 16 of the education law, as added by chapter 917 of the laws of 1970, is 17 amended to read as follows: 18 (v) Any necessary supplemental financial assistance, which may include 19 the cost of books and necessary maintenance for such students, including 20 students without lawful immigration status provided that the student 21 meets the requirements set forth in subparagraph (ii) of paragraph a or 22 subparagraph (ii) of paragraph b of subdivision five of section six 23 hundred sixty-one of this chapter, as applicable; provided, however, 24 that such supplemental financial assistance shall be furnished pursuant 25 to criteria promulgated by such universities and approved by the regents 26 and the director of the budget. 27 § 13. Paragraph (a) of subdivision 2 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) (i) Undergraduate science and technology entry program moneys may 31 be used for tutoring, counseling, remedial and special summer courses, 32 supplemental financial assistance, program administration, and other 33 activities which the commissioner may deem appropriate. To be eligible 34 for undergraduate collegiate science and technology entry program 35 support, a student must be a resident of New York [who is], or meet the 36 requirements of subparagraph (ii) of this paragraph, and must be either 37 economically disadvantaged or from a minority group historically under 38 represented in the scientific, technical, health and health-related 39 professions, and [who demonstrates] must demonstrate interest in and a 40 potential for a professional career if provided special services. Eligi- 41 ble students must be in good academic standing, enrolled full time in an 42 approved, undergraduate level program of study, as defined by the 43 regents. 44 (ii) An applicant who is not a legal resident of New York state, but 45 who is a United States citizen, a permanent lawful resident, a lawful 46 non-immigrant alien or an applicant without lawful immigration status, 47 shall be eligible for an award at the undergraduate level of study 48 provided that the student: 49 (1) attended a registered New York state high school for two or more 50 years, graduated from a registered New York state high school and 51 applied for attendance at the institution of higher education for the 52 undergraduate study for which an award is sought within five years of 53 receiving a New York state high school diploma; or 54 (2) attended an approved New York state program for a state high 55 school equivalency diploma, received a state high school equivalency 56 diploma and applied for attendance at the institution of higher educa-S. 1250 7 A. 782 1 tion for the undergraduate study for which an award is sought within 2 five years of receiving a state high school equivalency diploma; or 3 (3) is otherwise eligible for the payment of tuition and fees at a 4 rate no greater than that imposed for resident students of the state 5 university of New York, the city university of New York or community 6 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 7 sion two of section three hundred fifty-five or paragraph (a) of subdi- 8 vision seven of section sixty-two hundred six of this chapter. 9 Provided, further, that a student without lawful immigration status 10 shall also be required to file an affidavit with such institution of 11 higher education stating that the student has filed an application to 12 legalize his or her immigration status, or will file such an application 13 as soon as he or she is eligible to do so. 14 § 14. Paragraph (a) of subdivision 3 of section 6455 of the education 15 law, as added by chapter 285 of the laws of 1986, is amended to read as 16 follows: 17 (a) (i) Graduate science and technology entry program moneys may be 18 used for recruitment, academic enrichment, career planning, supplemental 19 financial assistance, review for licensing examinations, program admin- 20 istration, and other activities which the commissioner may deem appro- 21 priate. To be eligible for graduate collegiate science and technology 22 entry program support, a student must be a resident of New York [who23is], or meet the requirements of subparagraph (ii) of this paragraph, 24 and must be either economically disadvantaged or from a minority group 25 historically underrepresented in the scientific, technical and health- 26 related professions. Eligible students must be in good academic stand- 27 ing, enrolled full time in an approved graduate level program, as 28 defined by the regents. 29 (ii) An applicant who is not a legal resident of New York state, but 30 either is a United States citizen, a permanent lawful resident, a lawful 31 non-immigrant alien or an applicant without lawful immigration status 32 shall be eligible for an award at the graduate level of study provided 33 that the student: 34 (1) attended a registered approved New York state high school for two 35 or more years, graduated from a registered New York state high school 36 and applied for attendance at the institution of higher education for 37 the graduate study for which an award is sought within ten years of 38 receiving a New York state high school diploma; or 39 (2) attended an approved New York state program for a state high 40 school equivalency diploma, received a state high school equivalency 41 diploma and applied for attendance at the institution of higher educa- 42 tion for the graduate study for which an award is sought within ten 43 years of receiving a state high school equivalency diploma; or 44 (3) is otherwise eligible for the payment of tuition and fees at a 45 rate no greater than that imposed for resident students of the state 46 university of New York, the city university of New York or community 47 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 48 sion two of section three hundred fifty-five or paragraph (a) of subdi- 49 vision seven of section sixty-two hundred six of this chapter. 50 Provided, further, that a student without lawful immigration status 51 shall also be required to file an affidavit with such institution of 52 higher education stating that the student has filed an application to 53 legalize his or her immigration status, or will file such an application 54 as soon as he or she is eligible to do so.S. 1250 8 A. 782 1 § 15. Subparagraph (i) of paragraph a of subdivision 2 of section 2 695-e of the education law, as amended by chapter 593 of the laws of 3 2003, is amended to read as follows: 4 (i) the name, address and social security number [or], employer iden- 5 tification number, or individual taxpayer identification number of the 6 account owner unless a family tuition account that was in effect prior 7 to the effective date of the chapter of the laws of two thousand nine- 8 teen that amended this subparagraph does not allow for a taxpayer iden- 9 tification number, in which case a taxpayer identification number shall 10 be allowed upon the expiration of the contract; 11 § 16. Subparagraph (iii) of paragraph a of subdivision 2 of section 12 695-e of the education law, as amended by chapter 593 of the laws of 13 2003, is amended to read as follows: 14 (iii) the name, address, and social security number, employer iden- 15 tification number, or individual taxpayer identification number of the 16 designated beneficiary, unless a family tuition account that was in 17 effect prior to the effective date of the chapter of the laws of two 18 thousand nineteen that amended this subparagraph does not allow for a 19 taxpayer identification number, in which case a taxpayer identification 20 number shall be allowed upon the expiration of the contract; and 21 § 17. The president of the higher education services corporation, in 22 consultation with the commissioner of education, shall establish an 23 application form and procedures that shall allow a student applicant 24 that meets the requirements set forth in subparagraph (ii) of paragraph 25 (a) or subparagraph (ii) of paragraph b of subdivision 5 of section 661 26 of the education law to apply directly to the higher education services 27 corporation or education department for applicable awards without having 28 to submit information to any other state or federal agency. All informa- 29 tion contained within the applications filed with such corporation or 30 department shall be deemed confidential. 31 § 18. This act shall take effect immediately; provided, however, that: 32 (a) section two of this act shall take effect January 1, 2020; 33 (b) sections fifteen and sixteen of this act shall take effect on the 34 ninetieth day after it shall have become a law; provided, however, that 35 any rule or regulation necessary for the timely implementation of this 36 act on its effective date shall be promulgated on or before such effec- 37 tive date; and 38 (c) sections three, four, five, six, seven, eight, nine, ten, eleven, 39 twelve, thirteen, fourteen, and seventeen of this act shall take effect 40 on the ninetieth day after the issuance of regulations and the develop- 41 ment of an application form by the president of the higher education 42 services corporation and commissioner of education or on the ninetieth 43 day after it shall have become a law, whichever shall be later; 44 provided, further, however that effective immediately the addition, 45 amendment and/or repeal of any rule or regulation necessary for the 46 implementation of this act on its effective date are authorized and 47 directed to be made and completed on or before such date; provided, 48 further, however, that the president of the higher education services 49 corporation and the commissioner of education shall notify the legisla- 50 tive bill drafting commission upon the occurrence of the issuance of the 51 regulations and the development of an application form in order that the 52 commission may maintain an accurate and timely effective data base of 53 the official text of the laws of the state of New York in furtherance of 54 effectuating the provisions of section 44 of the legislative law and 55 section 70-b of the public officers law.