A04311 Summary:

BILL NOA04311A
 
SAME ASSAME AS S01251-B
 
SPONSORMoya
 
COSPNSRHeastie, Glick, Morelle, Farrell, Crespo, Rodriguez, Ortiz, Aubry, Gottfried, Ramos, Brennan, O'Donnell, Lavine, Quart, Kavanagh, Thiele, Robinson, Benedetto, Rosenthal, Miller, DenDekker, Abinanti, Paulin, Perry, Jaffee, Cahill, Mosley, Kim, Weprin, Schimel, Rivera, Rozic, Dinowitz, Sepulveda, Skartados, Zebrowski, Colton, Davila, Fahy, Arroyo, Linares, Otis, Barron, Bichotte, Blake, Brindisi, Dilan, Gjonaj, Jean-Pierre, Joyner, Pichardo, Seawright, Simon, Titus, Walker, Weinstein, Cook, Mayer, Hyndman, Cancel
 
MLTSPNSRBraunstein, Cymbrowitz, Englebright, Galef, Hevesi, Hooper, Lentol, Lifton, Markey, Nolan, Peoples-Stokes, Pretlow, Russell, Simotas, Solages, Steck, Titone
 
Add 609, 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.
Go to top    

A04311 Actions:

BILL NOA04311A
 
01/30/2015referred to higher education
02/25/2015reported referred to ways and means
02/25/2015reported referred to rules
02/26/2015reported
02/26/2015rules report cal.7
02/26/2015ordered to third reading rules cal.7
02/26/2015motion to amend lost
02/26/2015motion to amend lost
02/26/2015motion to amend lost
02/26/2015passed assembly
02/26/2015delivered to senate
02/26/2015REFERRED TO HIGHER EDUCATION
01/06/2016DIED IN SENATE
01/06/2016RETURNED TO ASSEMBLY
01/06/2016ordered to third reading cal.176
01/26/2016amended on third reading 4311a
06/06/2016passed assembly
06/06/2016delivered to senate
06/06/2016REFERRED TO HIGHER EDUCATION
Go to top

A04311 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4311--A
                                                                Cal. No. 176
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2015
                                       ___________
 
        Introduced  by  M. of A. MOYA, HEASTIE, GLICK, MORELLE, FARRELL, CRESPO,
          RODRIGUEZ, ORTIZ, AUBRY, GOTTFRIED, RAMOS, BRENNAN, O'DONNELL, LAVINE,
          QUART, KAVANAGH, THIELE, ROBINSON, BENEDETTO, ROSENTHAL, CLARK,  MILL-
          ER,  DenDEKKER,  ABINANTI, PAULIN, PERRY, JAFFEE, CAHILL, MOSLEY, KIM,
          WEPRIN,  SCHIMEL,  RIVERA,  ROZIC,  DINOWITZ,  SEPULVEDA,   SKARTADOS,
          ZEBROWSKI,  COLTON,  DAVILA,  FAHY,  ARROYO,  LINARES,  OTIS,  BARRON,
          BICHOTTE, BLAKE, BRINDISI, DILAN, GJONAJ, JEAN-PIERRE, JOYNER, PICHAR-
          DO, SEAWRIGHT, SIMON, TITUS, WALKER, WEINSTEIN, COOK, MAYER --  Multi-
          Sponsored  by -- M.  of A. BRAUNSTEIN, CYMBROWITZ, ENGLEBRIGHT, GALEF,
          HEVESI, HOOPER, LENTOL, LIFTON, MARKEY, NOLAN,  PEOPLES-STOKES,  PRET-
          LOW,  RUSSELL,  SIMOTAS,  SOLAGES,  STECK,  TITONE  --  read  once and
          referred to the Committee on Higher Education -- advanced to  a  third
          reading,  amended  and  ordered  reprinted, retaining its place on the
          order of third reading
 
        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
 
          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 "New York
     2  state DREAM Act".
     3    § 2. The education law is amended by adding a new section 609 to  read
     4  as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00326-06-6

        A. 4311--A                          2
 
     1    §  609. New York DREAM fund commission.  1. (a) There shall be created
     2  a New York DREAM fund commission which shall be committed  to  advancing
     3  the educational opportunities of the children of immigrants.
     4    (b)  The  New  York  DREAM fund commission shall be composed of twelve
     5  members to be appointed as follows:
     6    (i) Four members shall be appointed by the governor;
     7    (ii) Three members shall be appointed by the  temporary  president  of
     8  the senate;
     9    (iii) Three members shall be appointed by the speaker of the assembly;
    10    (iv)  One  member  shall  be  appointed  by the minority leader of the
    11  senate;
    12    (v) One member shall be appointed by the minority leader of the assem-
    13  bly;
    14    (c) To the  extent  practicable,  members  of  such  commission  shall
    15  reflect  the  racial, ethnic, gender, language, and geographic diversity
    16  of the state.
    17    (d) To the  extent  practicable,  members  of  such  commission  shall
    18  include  college  and  university  administrators and faculty, and other
    19  individuals committed to advancing the educational opportunities of  the
    20  children of immigrants.
    21    (e)  Members  of  the  New York DREAM fund commission shall receive no
    22  compensation for their services.
    23    2. (a) The New York DREAM fund commission shall have the power to:
    24    (i) Administer the provisions of this section;
    25    (ii) Create and raise funds for the New York DREAM fund;
    26    (iii) Establish a not-for-profit entity charged with the  responsibil-
    27  ity  of  raising  funds  for  the administration of this section and any
    28  educational or training programs such commission is tasked with adminis-
    29  trating and funding scholarships to students who are children  of  immi-
    30  grants to the United States;
    31    (iv) Publicize the availability of such scholarships from the New York
    32  DREAM fund;
    33    (v)  Develop  criteria  and  a selection process for the recipients of
    34  scholarships from the New York DREAM fund;
    35    (vi) Research issues pertaining to the availability of assistance with
    36  the costs of higher education for the children of immigrants  and  other
    37  issues regarding access for and the performance of the children of immi-
    38  grants within higher education;
    39    (vii)  Establish, publicize, and administer training programs for high
    40  school counselors, admissions officers, and financial  aid  officers  of
    41  institutions  of  higher education. The training programs shall instruct
    42  participants on the educational opportunities available to college-bound
    43  students who are the children of immigrants, including, but not  limited
    44  to,  in-state  tuition and scholarship programs. To the extent practica-
    45  ble, the New York DREAM fund commission shall offer the training program
    46  to school districts  and  boards  of  cooperative  educational  services
    47  throughout  the state, provided however, that priority shall be given to
    48  school districts and boards of  cooperative  educational  services  with
    49  larger number of students who are the children of immigrants over school
    50  districts  and  boards  of  cooperative educational services with lesser
    51  number of students who are the children of immigrants;
    52    (viii) Establish a public  awareness  campaign  regarding  educational
    53  opportunities  available  to college bound students who are the children
    54  of immigrants; and

        A. 4311--A                          3

     1    (ix) Establish, by  rule,  procedures  for  accepting  and  evaluating
     2  applications  for scholarships from the children of immigrants and issu-
     3  ing scholarships to selected student applicants;
     4    (b)  To  receive  a  scholarship  pursuant  to this section, a student
     5  applicant must meet the following qualifications:
     6    (i) Have resided with his or her parents or guardians while  attending
     7  a public or private high school in this state;
     8    (ii)  Have  graduated from a public or private high school or received
     9  the equivalent of a high school diploma in this state;
    10    (iii) Have attended a public or private high school in this state  for
    11  at  least  two years as of the date he or she graduated from high school
    12  or received the equivalent of a high school diploma;
    13    (iv) Have at least one parent or guardian who immigrated to the United
    14  States.
    15    (c) The New York DREAM fund commission and the  New  York  DREAM  fund
    16  shall  be  funded  entirely  by private contributions and no state funds
    17  shall be appropriated to or used by the New York DREAM fund.   No  funds
    18  of  the  New York DREAM fund or the New York DREAM fund commission shall
    19  be transferred to the general fund or any special revenue fund or  shall
    20  be  used  for  any  purpose  other  than  the purposes set forth in this
    21  section.
    22    3. The New York DREAM fund commission and  the  New  York  DREAM  fund
    23  shall be subject to the provisions of articles six and seven and section
    24  seventy-four of the public officers law.
    25    § 3. Subdivision 3 of section 661 of the education law is REPEALED.
    26    § 4. Paragraph a of subdivision 5 of section 661 of the education law,
    27  as  amended  by  chapter  466 of the laws of 1977, is amended to read as
    28  follows:
    29    a. (i) Except as provided in subdivision two of  section  six  hundred
    30  seventy-four  of  this  part and subparagraph (ii) of this paragraph, an
    31  applicant for an award at the undergraduate level of study  must  either
    32  [(i)]  (a) have been a legal resident of the state for at least one year
    33  immediately preceding the beginning of the semester, quarter or term  of
    34  attendance  for  which application for assistance is made, or [(ii)] (b)
    35  be a legal resident of the state and have been a legal  resident  during
    36  his  last  two  semesters  of high school either prior to graduation, or
    37  prior to admission to college. Provided further that  persons  shall  be
    38  eligible  to  receive  awards  under  section six hundred sixty-eight or
    39  section six hundred sixty-nine of this  part  who  are  currently  legal
    40  residents of the state and are otherwise qualified.
    41    (ii)  An  applicant  who is not a legal resident of the state eligible
    42  pursuant to subparagraph (i) of this paragraph, but is a  United  States
    43  citizen, a permanent lawful resident, a lawful non-immigrant alien or an
    44  applicant  without  lawful  immigration  status shall be eligible for an
    45  award at the undergraduate level of study provided that the student:
    46    (a) attended a registered New York state high school for two  or  more
    47  years,  graduated  from  a  registered  New  York  state high school and
    48  applied for attendance at the institution of higher  education  for  the
    49  undergraduate  study  for  which an award is sought within five years of
    50  receiving a New York state high school diploma; or
    51    (b) attended an approved New York  state  program  for  a  state  high
    52  school  equivalency  diploma,  received  a state high school equivalency
    53  diploma and applied for attendance at the institution of  higher  educa-
    54  tion  for  the  undergraduate  study for which an award is sought within
    55  five years of receiving a state high school equivalency diploma; or

        A. 4311--A                          4

     1    (c) is otherwise eligible for the payment of tuition  and  fees  at  a
     2  rate  no  greater  than  that imposed for resident students of the state
     3  university of New York, the city university of  New  York  or  community
     4  colleges  as prescribed in subparagraph eight of paragraph h of subdivi-
     5  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
     6  vision seven of section sixty-two hundred six of this chapter.
     7    Provided, further, that a student without  lawful  immigration  status
     8  shall  also  be  required  to file an affidavit with such institution of
     9  higher education stating that the student has filed  an  application  to
    10  legalize his or her immigration status, or will file such an application
    11  as soon as he or she is eligible to do so.
    12    § 5. Paragraph b of subdivision 5 of section 661 of the education law,
    13  as  amended  by  chapter  466 of the laws of 1977, is amended to read as
    14  follows:
    15    b. [An] (i) Except as otherwise provided in subparagraph (ii) of  this
    16  paragraph, an applicant for an award at the graduate level of study must
    17  either  [(i)]  (a)  have been a legal resident of the state for at least
    18  one year immediately preceding the beginning of the semester, quarter or
    19  term of attendance for which application  for  assistance  is  made,  or
    20  [(ii)]  (b) be a legal resident of the state and have been a legal resi-
    21  dent during his last academic  year  of  undergraduate  study  and  have
    22  continued  to  be  a  legal resident until matriculation in the graduate
    23  program.
    24    (ii) An applicant who is not a legal resident of  the  state  eligible
    25  pursuant  to  subparagraph (i) of this paragraph, but is a United States
    26  citizen, a permanent lawful resident, a lawful non-immigrant alien or an
    27  applicant without lawful immigration status shall  be  eligible  for  an
    28  award at the undergraduate level of study provided that the student:
    29    (a)  attended a registered approved New York state high school for two
    30  or more years, graduated from a registered New York  state  high  school
    31  and  applied  for  attendance at the institution of higher education for
    32  the graduate study for which an award is  sought  within  ten  years  of
    33  receiving a New York state high school diploma; or
    34    (b)  attended  an  approved  New  York  state program for a state high
    35  school equivalency diploma, received a  state  high  school  equivalency
    36  diploma  and  applied for attendance at the institution of higher educa-
    37  tion for the graduate study for which an  award  is  sought  within  ten
    38  years of receiving a state high school equivalency diploma; or
    39    (c)  is  otherwise  eligible  for the payment of tuition and fees at a
    40  rate no greater than that imposed for resident  students  of  the  state
    41  university  of  New  York,  the city university of New York or community
    42  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
    43  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
    44  vision seven of section sixty-two hundred six of this chapter.
    45    Provided, further, that a student without  lawful  immigration  status
    46  shall  also  be  required  to file an affidavit with such institution of
    47  higher education stating that the student has filed  an  application  to
    48  legalize his or her immigration status, or will file such an application
    49  as soon as he or she is eligible to do so.
    50    § 6. Paragraph d of subdivision 5 of section 661 of the education law,
    51  as  amended  by  chapter  844 of the laws of 1975, is amended to read as
    52  follows:
    53    d. If an applicant for an award allocated on a  geographic  basis  has
    54  more  than  one  residence  in  this state, his or her residence for the
    55  purpose of this article shall be his or her place  of  actual  residence
    56  during  the major part of the year while attending school, as determined

        A. 4311--A                          5
 
     1  by the commissioner; and further provided that an applicant who does not
     2  have a residence in this state and is eligible for an award pursuant  to
     3  subparagraph  (ii) of paragraph a or subparagraph (ii) of paragraph b of
     4  this subdivision shall be deemed to reside in the geographic area of the
     5  institution  of higher education in which he or she attends for purposes
     6  of an award allocated on a geographic basis.
     7    § 7. Paragraph e of subdivision 5 of section 661 of the education law,
     8  as added by chapter 630 of the laws of  2005,  is  amended  to  read  as
     9  follows:
    10    e.  Notwithstanding any other provision of this article to the contra-
    11  ry, the New York state [residency]  eligibility  [requirement]  require-
    12  ments for receipt of awards [is] set forth in paragraphs a and b of this
    13  subdivision  are  waived  for  a member, or the spouse or dependent of a
    14  member, of the armed forces of the United  States  on  full-time  active
    15  duty and stationed in this state.
    16    §  8. Paragraph h of subdivision 2 of section 355 of the education law
    17  is amended by adding a new subparagraph 10 to read as follows:
    18    (10) Such regulations shall further provide that any  student  who  is
    19  not a legal resident of New York state but is a United States citizen, a
    20  permanent  lawful resident, a lawful non-immigrant alien or an applicant
    21  without lawful immigration status may have the payment  of  tuition  and
    22  other  fees and charges reduced by state-aided programs, scholarships or
    23  other financial assistance awarded  under  the  provisions  of  articles
    24  thirteen,  thirteen-A, fourteen and fourteen-A of this chapter, provided
    25  that the student meets the requirements set forth in  subparagraph  (ii)
    26  of  paragraph  a or subparagraph (ii) of paragraph b of subdivision five
    27  of section six hundred sixty-one of this chapter, as applicable.
    28    § 9. Subdivision 7 of section 6206 of the education law is amended  by
    29  adding a new paragraph (d) to read as follows:
    30    (d)  The  trustees shall further provide that any student who is not a
    31  legal resident of New York state but  is  a  United  States  citizen,  a
    32  permanent  lawful resident, a lawful non-immigrant alien or an applicant
    33  without lawful immigration status may have the payment  of  tuition  and
    34  other  fees and charges reduced by state-aided programs, scholarships or
    35  other financial assistance awarded  under  the  provisions  of  articles
    36  thirteen,  thirteen-A, fourteen and fourteen-A of this chapter, provided
    37  that the student meets the requirements set forth in  subparagraph  (ii)
    38  of  paragraph  a or subparagraph (ii) of paragraph b of subdivision five
    39  of section six hundred sixty-one of this chapter, as applicable.
    40    § 10. Section 6305 of the education law is amended  by  adding  a  new
    41  subdivision 8-a to read as follows:
    42    8-a.  The  payment  of tuition and other fees and charges of a student
    43  who is attending a community college and who is not a legal resident  of
    44  New  York state but is a United States citizen, a permanent lawful resi-
    45  dent, a lawful non-immigrant alien or an applicant without lawful  immi-
    46  gration  status may be reduced by state-aided programs, scholarships and
    47  other financial assistance awarded  under  the  provisions  of  articles
    48  thirteen,  thirteen-A, fourteen and fourteen-A of this chapter, provided
    49  that the student meets the requirements set forth in  subparagraph  (ii)
    50  of  paragraph  a or subparagraph (ii) of paragraph b of subdivision five
    51  of section six hundred sixty-one of this chapter, as applicable.
    52    § 11. Paragraph d of subdivision 3 of section 6451  of  the  education
    53  law,  as  amended by chapter 149 of the laws of 1972, is amended to read
    54  as follows:
    55    d. Any necessary supplemental financial assistance, which may  include
    56  the  cost of books and necessary maintenance for such enrolled students,

        A. 4311--A                          6
 
     1  including students without lawful immigration status provided  that  the
     2  student  meets  the requirements set forth in subparagraph (ii) of para-
     3  graph a or subparagraph (ii) of  paragraph  b  of  subdivision  five  of
     4  section  six hundred sixty-one of this chapter, as applicable; provided,
     5  however, that such supplemental financial assistance shall be  furnished
     6  pursuant  to  criteria promulgated by the commissioner with the approval
     7  of the director of the budget.
     8    § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
     9  of the education law, as added by chapter 917 of the laws  of  1970,  is
    10  amended to read as follows:
    11    (v) Any necessary supplemental financial assistance, which may include
    12  the cost of books and necessary maintenance for such students, including
    13  students  without  lawful  immigration  status provided that the student
    14  meets the requirements set forth in subparagraph (ii) of paragraph a  or
    15  subparagraph  (ii)  of  paragraph  b  of subdivision five of section six
    16  hundred sixty-one of this chapter,  as  applicable;  provided,  however,
    17  that  such supplemental financial assistance shall be furnished pursuant
    18  to criteria promulgated by such universities and approved by the regents
    19  and the director of the budget.
    20    § 13. Paragraph (a) of subdivision 2 of section 6455 of the  education
    21  law,  as added by chapter 285 of the laws of 1986, is amended to read as
    22  follows:
    23    (a) (i) Undergraduate science and technology entry program moneys  may
    24  be  used  for tutoring, counseling, remedial and special summer courses,
    25  supplemental financial assistance,  program  administration,  and  other
    26  activities  which  the commissioner may deem appropriate. To be eligible
    27  for  undergraduate  collegiate  science  and  technology  entry  program
    28  support,  a student must be a resident of New York [who is], or meet the
    29  requirements of subparagraph (ii) of this paragraph, and must be  either
    30  economically  disadvantaged  or from a minority group historically under
    31  represented in the  scientific,  technical,  health  and  health-related
    32  professions,  and  [who demonstrates] must demonstrate interest in and a
    33  potential for a professional career if provided special services. Eligi-
    34  ble students must be in good academic standing, enrolled full time in an
    35  approved, undergraduate level  program  of  study,  as  defined  by  the
    36  regents.
    37    (ii)  An  applicant who is not a legal resident of New York state, but
    38  who is a United States citizen, a permanent lawful  resident,  a  lawful
    39  non-immigrant  alien  or an applicant without lawful immigration status,
    40  shall be eligible for an award  at  the  undergraduate  level  of  study
    41  provided that the student:
    42    (1)  attended  a registered New York state high school for two or more
    43  years, graduated from a  registered  New  York  state  high  school  and
    44  applied  for  attendance  at the institution of higher education for the
    45  undergraduate study for which an award is sought within  five  years  of
    46  receiving a New York state high school diploma; or
    47    (2)  attended  an  approved  New  York  state program for a state high
    48  school equivalency diploma, received a  state  high  school  equivalency
    49  diploma  and  applied for attendance at the institution of higher educa-
    50  tion for the undergraduate study for which an  award  is  sought  within
    51  five  years  of  receiving  a  state  high  school  equivalency diploma,
    52  attended an approved New York state high school for two or  more  years,
    53  graduated  from  an  approved New York state high school and applied for
    54  attendance at an institution of higher education within  five  years  of
    55  receiving a New York state high school diploma; or

        A. 4311--A                          7
 
     1    (3)  is  otherwise  eligible  for the payment of tuition and fees at a
     2  rate no greater than that imposed for resident  students  of  the  state
     3  university  of  New  York,  the city university of New York or community
     4  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
     5  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
     6  vision seven of section sixty-two hundred six of this chapter.
     7    Provided, further, that a student without  lawful  immigration  status
     8  shall  also  be  required  to file an affidavit with such institution of
     9  higher education stating that the student has filed  an  application  to
    10  legalize his or her immigration status, or will file such an application
    11  as soon as he or she is eligible to do so.
    12    §  14. Paragraph (a) of subdivision 3 of section 6455 of the education
    13  law, as added by chapter 285 of the laws of 1986, is amended to read  as
    14  follows:
    15    (a)  (i)  Graduate  science and technology entry program moneys may be
    16  used for recruitment, academic enrichment, career planning, supplemental
    17  financial assistance, review for licensing examinations, program  admin-
    18  istration,  and  other activities which the commissioner may deem appro-
    19  priate. To be eligible for graduate collegiate  science  and  technology
    20  entry  program  support,  a  student must be a resident of New York [who
    21  is], or meet the requirements of subparagraph (ii)  of  this  paragraph,
    22  and  must  be either economically disadvantaged or from a minority group
    23  historically underrepresented in the scientific, technical  and  health-
    24  related  professions.  Eligible students must be in good academic stand-
    25  ing, enrolled full time  in  an  approved  graduate  level  program,  as
    26  defined by the regents.
    27    (ii)  An  applicant who is not a legal resident of New York state, but
    28  either is a United States citizen, a permanent lawful resident, a lawful
    29  non-immigrant alien or an applicant without  lawful  immigration  status
    30  shall  be  eligible  for  an  award  at the undergraduate level of study
    31  provided that the student:
    32    (1) attended a registered approved New York state high school for  two
    33  or  more  years,  graduated from a registered New York state high school
    34  and applied for attendance at the institution of  higher  education  for
    35  the  graduate  study  for  which  an award is sought within ten years of
    36  receiving a New York state high school diploma; or
    37    (2) attended an approved New York  state  program  for  a  state  high
    38  school  equivalency  diploma,  received  a state high school equivalency
    39  diploma and applied for attendance at the institution of  higher  educa-
    40  tion  for  the  graduate  study  for which an award is sought within ten
    41  years of receiving a state high school equivalency diploma; or
    42    (3) is otherwise eligible for the payment of tuition  and  fees  at  a
    43  rate  no  greater  than  that imposed for resident students of the state
    44  university of New York, the city university of  New  York  or  community
    45  colleges  as prescribed in subparagraph eight of paragraph h of subdivi-
    46  sion two of section three hundred fifty-five or paragraph (a) of  subdi-
    47  vision seven of section sixty-two hundred six of this chapter.
    48    Provided,  further,  that  a student without lawful immigration status
    49  shall also be required to file an affidavit  with  such  institution  of
    50  higher  education  stating  that the student has filed an application to
    51  legalize his or her immigration status, or will file such an application
    52  as soon as he or she is eligible to do so.
    53    § 15. Subparagraph (i) of paragraph a  of  subdivision  2  of  section
    54  695-e  of  the  education  law, as amended by chapter 593 of the laws of
    55  2003, is amended to read as follows:

        A. 4311--A                          8
 
     1    (i) the name, address and social security number [or], employer  iden-
     2  tification  number,  or individual taxpayer identification number of the
     3  account owner unless a family tuition account that was in  effect  prior
     4  to the effective date of the chapter of the laws of two thousand sixteen
     5  that amended this subparagraph does not allow for a taxpayer identifica-
     6  tion  number,  in  which  case a taxpayer identification number shall be
     7  allowed upon the expiration of the contract;
     8    § 16. Subparagraph (iii) of paragraph a of subdivision  2  of  section
     9  695-e  of  the  education  law, as amended by chapter 593 of the laws of
    10  2003, is amended to read as follows:
    11    (iii) the name, address, and social security  number,  employer  iden-
    12  tification  number,  or individual taxpayer identification number of the
    13  designated beneficiary, unless a family  tuition  account  that  was  in
    14  effect  prior  to  the  effective date of the chapter of the laws of two
    15  thousand sixteen that amended this subparagraph does  not  allow  for  a
    16  taxpayer  identification number, in which case a taxpayer identification
    17  number shall be allowed upon the expiration of the contract; and
    18    § 17. The president of the higher education services  corporation,  in
    19  consultation  with  the  commissioner  of  education, shall establish an
    20  application form and procedures that shall  allow  a  student  applicant
    21  that  meets the requirements set forth in subparagraph (ii) of paragraph
    22  (a) or subparagraph (ii) of paragraph b of subdivision 5 of section  661
    23  of  the education law to apply directly to the higher education services
    24  corporation or education department for applicable awards without having
    25  to submit information to any other state or federal agency. All informa-
    26  tion contained within the applications filed with  such  corporation  or
    27  department shall be deemed confidential.
    28    § 18. This act shall take effect immediately; provided, however, that:
    29    (a) section two of this act shall take effect January 1, 2017;
    30    (b)  sections fifteen and sixteen of this act shall take effect on the
    31  ninetieth day after it shall have become a law; provided, however,  that
    32  any  rule  or regulation necessary for the timely implementation of this
    33  act on its effective date shall be promulgated on or before such  effec-
    34  tive date; and
    35    (c)  sections three through fourteen and section seventeen of this act
    36  shall take effect on the ninetieth day after the issuance of regulations
    37  and the development of an application form by the president of the high-
    38  er education services corporation and commissioner of  education  or  on
    39  the  ninetieth  day after it shall have become a law, whichever shall be
    40  later; provided, however that effective immediately the addition, amend-
    41  ment and/or repeal of any rule or regulation necessary for the implemen-
    42  tation of this act on its effective date is authorized and  directed  to
    43  be  made and completed on or before such date; provided, further, howev-
    44  er, that the president of the higher education services corporation  and
    45  the commissioner of education shall notify the legislative bill drafting
    46  commission  upon  the  occurrence of the issuance of the regulations and
    47  the development of an application form in order that the commission  may
    48  maintain an accurate and timely effective data base of the official text
    49  of  the laws of the state of New York in furtherance of effectuating the
    50  provisions of section 44 of the legislative law and section 70-b of  the
    51  public officers law.
Go to top