S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3039
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2017
                                ___________
 
 Introduced  by  M. of A. MOYA, HEASTIE, GLICK, CRESPO, MORELLE, FARRELL,
   RODRIGUEZ, ORTIZ, AUBRY, GOTTFRIED, RAMOS, O'DONNELL,  LAVINE,  QUART,
   KAVANAGH,   THIELE,  BENEDETTO,  ROSENTHAL,  M. G. MILLER,  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,  GJONAJ,
   JEAN-PIERRE,  JOYNER, PICHARDO, SEAWRIGHT, SIMON, TITUS, WALKER, WEIN-
   STEIN, MAYER, HYNDMAN, NIOU,  CARROLL,  DICKENS,  DE LA ROSA,  D'URSO,
   BARNWELL, VANEL -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, CYMBROW-
   ITZ, ENGLEBRIGHT, GALEF, HEVESI, HOOPER, JENNE, LENTOL, LIFTON, NOLAN,
   PEOPLES-STOKES,  PRETLOW, SIMOTAS, SOLAGES, STECK, TITONE -- 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
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "New York
 state DREAM act".
   § 2. The education law is amended by adding a  new  section  609-a  to
 read as follows:
   §  609-A.  NEW  YORK  DREAM  FUND  COMMISSION.   1. (A) THERE SHALL BE
 CREATED A NEW YORK DREAM FUND COMMISSION WHICH  SHALL  BE  COMMITTED  TO
 ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00057-02-7

 A. 3039                             2
 
   (B)  THE  NEW  YORK  DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE
 MEMBERS TO BE APPOINTED AS FOLLOWS:
   (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
   (II)  THREE  MEMBERS  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
 THE SENATE;
   (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (IV) ONE MEMBER SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
 SENATE;
   (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
 BLY;
   (C)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
 REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND  GEOGRAPHIC  DIVERSITY
 OF THE STATE.
   (D)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
 INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS  AND  FACULTY,  AND  OTHER
 INDIVIDUALS  COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE
 CHILDREN OF IMMIGRANTS.
   (E) MEMBERS OF THE NEW YORK DREAM FUND  COMMISSION  SHALL  RECEIVE  NO
 COMPENSATION FOR THEIR SERVICES.
   2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
   (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
   (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
   (III)  ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
 ITY OF RAISING FUNDS FOR THE ADMINISTRATION  OF  THIS  SECTION  AND  ANY
 EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
 TRATING  AND  FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
 GRANTS TO THE UNITED STATES;
   (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
 DREAM FUND;
   (V) DEVELOP CRITERIA AND A SELECTION PROCESS  FOR  THE  RECIPIENTS  OF
 SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
   (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
 THE  COSTS  OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
 ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
 GRANTS WITHIN HIGHER EDUCATION;
   (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR  HIGH
 SCHOOL  COUNSELORS,  ADMISSIONS  OFFICERS, AND FINANCIAL AID OFFICERS OF
 INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS  SHALL  INSTRUCT
 PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
 STUDENTS  WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
 TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE  EXTENT  PRACTICA-
 BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
 TO  SCHOOL  DISTRICTS  AND  BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES
 THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN  TO
 SCHOOL  DISTRICTS  AND  BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES WITH
 LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
 DISTRICTS AND BOARDS OF COOPERATIVE  EDUCATIONAL  SERVICES  WITH  LESSER
 NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
   (VIII)  ESTABLISH  A  PUBLIC  AWARENESS CAMPAIGN REGARDING EDUCATIONAL
 OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE  THE  CHILDREN
 OF IMMIGRANTS; AND
   (IX)  ESTABLISH,  BY  RULE,  PROCEDURES  FOR  ACCEPTING AND EVALUATING
 APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND  ISSU-
 ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
   (B)  TO  RECEIVE  A  SCHOLARSHIP  PURSUANT  TO THIS SECTION, A STUDENT
 APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:

 A. 3039                             3
 
   (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE  ATTENDING
 A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
   (II)  HAVE  GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
 THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
   (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE  FOR
 AT  LEAST  TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
 OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
   (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
 STATES.
   (C) THE NEW YORK DREAM FUND COMMISSION AND THE  NEW  YORK  DREAM  FUND
 SHALL  BE  FUNDED  ENTIRELY  BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
 SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND.   NO  FUNDS
 OF  THE  NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
 BE TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR  SHALL
 BE  USED  FOR  ANY  PURPOSE  OTHER  THAN  THE PURPOSES SET FORTH IN THIS
 SECTION.
   3. THE NEW YORK DREAM FUND COMMISSION AND  THE  NEW  YORK  DREAM  FUND
 SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
 SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
   § 3. Subdivision 3 of section 661 of the education law is REPEALED.
   § 4. Paragraph a of subdivision 5 of section 661 of the education law,
 as  amended  by  chapter  466 of the laws of 1977, is amended to read as
 follows:
   a. (I) Except as provided in subdivision two of  section  six  hundred
 seventy-four  OF  THIS  PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
 applicant for an award at the undergraduate level of study  must  either
 [(i)]  (A) have been a legal resident of the state for at least one year
 immediately preceding the beginning of the semester, quarter or term  of
 attendance  for  which application for assistance is made, or [(ii)] (B)
 be a legal resident of the state and have been a legal  resident  during
 his  last  two  semesters  of high school either prior to graduation, or
 prior to admission to college. Provided further that  persons  shall  be
 eligible  to  receive  awards  under  section six hundred sixty-eight or
 section six hundred sixty-nine OF THIS  PART  who  are  currently  legal
 residents of the state and are otherwise qualified.
   (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
 CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
 APPLICANT  WITHOUT  LAWFUL  IMMIGRATION  STATUS SHALL BE ELIGIBLE FOR AN
 AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A) 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
   (B) 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
   (C) IS OTHERWISE 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 THIS CHAPTER.

 A. 3039                             4
 
   PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
 SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
 HIGHER  EDUCATION  STATING  THAT THE STUDENT 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.
   § 5. Paragraph b of subdivision 5 of section 661 of the education law,
 as  amended  by  chapter  466 of the laws of 1977, is amended to read as
 follows:
   b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
 PARAGRAPH, AN applicant for an award at the graduate level of study must
 either  [(i)]  (A)  have been a legal resident of the state for at least
 one year immediately preceding the beginning of the semester, quarter or
 term of attendance for which application  for  assistance  is  made,  or
 [(ii)]  (B) be a legal resident of the state and have been a legal resi-
 dent during his last academic  year  of  undergraduate  study  and  have
 continued  to  be  a  legal resident until matriculation in the graduate
 program.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
 CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
 APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL  BE  ELIGIBLE  FOR  AN
 AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED A REGISTERED APPROVED 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 GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   (B)  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 GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
 YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   (C)  IS  OTHERWISE  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 THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT 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.
   § 6. Paragraph d of subdivision 5 of section 661 of the education law,
 as  amended  by  chapter  844 of the laws of 1975, is amended to read as
 follows:
   d. If an applicant for an award allocated on a  geographic  basis  has
 more  than  one  residence  in  this state, his OR HER residence for the
 purpose of this article shall be his OR HER place  of  actual  residence
 during  the major part of the year while attending school, as determined
 by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
 HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT  TO
 SUBPARAGRAPH  (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
 THIS SUBDIVISION 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.

 A. 3039                             5
 
   § 7. Paragraph e of subdivision 5 of section 661 of the education law,
 as  added  by  chapter  630  of  the laws of 2005, is amended to read as
 follows:
   e.  Notwithstanding any other provision of this article to the contra-
 ry, the New York state [residency]  eligibility  [requirement]  REQUIRE-
 MENTS for receipt of awards [is] SET FORTH 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  full-time  active
 duty and stationed in this state.
   §  8. Paragraph h of subdivision 2 of section 355 of the education law
 is amended by adding a new subparagraph 10 to read as follows:
   (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
 NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
 PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
 WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT  OF  TUITION  AND
 OTHER  FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
 OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
 THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
 THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
 OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
 OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   § 9. Subdivision 7 of section 6206 of the education law is amended  by
 adding a new paragraph (d) to read as follows:
   (D)  THE  TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A
 LEGAL RESIDENT OF NEW YORK STATE BUT  IS  A  UNITED  STATES  CITIZEN,  A
 PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
 WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT  OF  TUITION  AND
 OTHER  FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
 OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
 THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
 THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
 OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
 OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   § 10. Section 6305 of the education law is amended  by  adding  a  new
 subdivision 8-a to read as follows:
   8-A.  THE  PAYMENT  OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
 WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT  OF
 NEW  YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
 DENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMI-
 GRATION  STATUS MAY BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS AND
 OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
 THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
 THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
 OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
 OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   § 11. Paragraph d of subdivision 3 of section 6451  of  the  education
 law,  as  amended by chapter 149 of the laws of 1972, is amended to read
 as follows:
   d. Any necessary supplemental financial assistance, which may  include
 the  cost of books and necessary maintenance for such enrolled students,
 INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED  THAT  THE
 STUDENT  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
 GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
 SECTION  SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided,
 however, that such supplemental financial assistance shall be  furnished

 A. 3039                             6
 
 pursuant  to  criteria promulgated by the commissioner with the approval
 of the director of the budget.
   §  11-a. Paragraph d of subdivision 3 of section 6451 of the education
 law, as amended by chapter 494 of the laws of 2016, is amended  to  read
 as follows:
   d.  Any necessary supplemental financial assistance, which may include
 the cost of books and necessary maintenance for such enrolled  students,
 INCLUDING  STUDENTS  WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE
 STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)  OF  PARA-
 GRAPH  A  OR  SUBPARAGRAPH  (II)  OF  PARAGRAPH B OF SUBDIVISION FIVE OF
 SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE;  provided,
 however,  that such supplemental financial assistance shall be furnished
 pursuant to criteria promulgated by the commissioner with  the  approval
 of the director of the budget;
   § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
 of  the  education  law, as added by chapter 917 of the laws of 1970, is
 amended to read as follows:
   (v) Any necessary supplemental financial assistance, which may include
 the cost of books and necessary maintenance for such students, INCLUDING
 STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS  PROVIDED  THAT  THE  STUDENT
 MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
 SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE  OF  SECTION  SIX
 HUNDRED  SIXTY-ONE  OF  THIS  CHAPTER, AS APPLICABLE; provided, however,
 that such supplemental financial assistance shall be furnished  pursuant
 to criteria promulgated by such universities and approved by the regents
 and the director of the budget.
   §  13. Paragraph (a) of subdivision 2 of section 6455 of the education
 law, as added by chapter 285 of the laws of 1986, is amended to read  as
 follows:
   (a)  (I) Undergraduate science and technology entry program moneys may
 be used for tutoring, counseling, remedial and special  summer  courses,
 supplemental  financial  assistance,  program  administration, and other
 activities which the commissioner may deem appropriate. To  be  eligible
 for  undergraduate  collegiate  science  and  technology  entry  program
 support, a student must be a resident of New York [who is], OR MEET  THE
 REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
 economically disadvantaged or from a minority group  historically  under
 represented  in  the  scientific,  technical,  health and health-related
 professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
 potential for a professional career if provided special services. Eligi-
 ble students must be in good academic standing, enrolled full time in an
 approved,  undergraduate  level  program  of  study,  as  defined by the
 regents.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
 WHO  IS  A  UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
 NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMIGRATION  STATUS,
 SHALL  BE  ELIGIBLE  FOR  AN  AWARD  AT THE UNDERGRADUATE LEVEL OF STUDY
 PROVIDED THAT THE STUDENT:
   (1) 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
   (2) 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-

 A. 3039                             7
 
 TION  FOR  THE  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
 FIVE YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY  DIPLOMA,
 ATTENDED  AN  APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS,
 GRADUATED  FROM  AN  APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
 ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN  FIVE  YEARS  OF
 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   (3)  IS  OTHERWISE  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 THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT 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.
   §  14. Paragraph (a) of subdivision 3 of section 6455 of the education
 law, as added by chapter 285 of the laws of 1986, is amended to read  as
 follows:
   (a)  (I)  Graduate  science and technology entry program moneys may be
 used for recruitment, academic enrichment, career planning, supplemental
 financial assistance, review for licensing examinations, program  admin-
 istration,  and  other activities which the commissioner may deem appro-
 priate. To be eligible for graduate collegiate  science  and  technology
 entry  program  support,  a  student must be a resident of New York [who
 is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II)  OF  THIS  PARAGRAPH,
 AND  MUST  BE either economically disadvantaged or from a minority group
 historically underrepresented in the scientific, technical  and  health-
 related  professions.  Eligible students must be in good academic stand-
 ing, enrolled full time  in  an  approved  graduate  level  program,  as
 defined by the regents.
   (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
 EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
 NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  BE  ELIGIBLE  FOR  AN  AWARD  AT THE UNDERGRADUATE LEVEL OF STUDY
 PROVIDED THAT THE STUDENT:
   (1) ATTENDED A REGISTERED APPROVED 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  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   (2) 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  GRADUATE  STUDY  FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
 YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   (3) IS OTHERWISE 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 THIS CHAPTER.
   PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
 SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
 HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO

 A. 3039                             8

 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   §  15.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
 695-e of the education law, as amended by chapter 593  of  the  laws  of
 2003, is amended to read as follows:
   (i)  the name, address and social security number [or], employer iden-
 tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
 account  owner  UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
 TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  SEVEN-
 TEEN  THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN-
 TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER  SHALL
 BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
   §  16.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
 695-e of the education law, as amended by chapter 593  of  the  laws  of
 2003, is amended to read as follows:
   (iii)  the  name,  address, and social security number, EMPLOYER IDEN-
 TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
 designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
 EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
 THOUSAND  SEVENTEEN  THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
 TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION
 NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
   §  17.  The president of the higher education services corporation, in
 consultation with the commissioner  of  education,  shall  establish  an
 application  form  and  procedures  that shall allow a student applicant
 that meets the requirements set forth in subparagraph (ii) of  paragraph
 (a)  or subparagraph (ii) of paragraph b of subdivision 5 of section 661
 of the education law to apply directly to the higher education  services
 corporation or education department for applicable awards without having
 to submit information to any other state or federal agency. All informa-
 tion  contained  within  the applications filed with such corporation or
 department shall be deemed confidential.
   § 18. This act shall take effect immediately; provided, however, that:
   (a) section two of this act shall take effect January 1, 2018;
   (b) sections fifteen and sixteen of this act shall take effect on  the
 ninetieth  day after it shall have become a law; provided, however, that
 any rule or regulation necessary for the timely implementation  of  this
 act  on its effective date shall be promulgated on or before such effec-
 tive date; and
   (c) sections three through fourteen and section seventeen of this  act
 shall take effect on the ninetieth day after the issuance of regulations
 and the development of an application form by the president of the high-
 er  education  services  corporation and commissioner of education or on
 the ninetieth day after it shall have become a law, whichever  shall  be
 later;  provided, however, that if chapter 494 of the laws of 2016 shall
 not have taken effect on or before such date then  section  eleven-a  of
 this  act  shall  take effect on the same date and in the same manner as
 such chapter of the laws of 2016 takes effect; provided, further, howev-
 er that effective immediately 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 date; provided, further, however, that the president
 of the higher education services corporation  and  the  commissioner  of
 education shall notify the legislative bill drafting commission upon the
 occurrence  of the issuance of the regulations and the development of an
 application form in order that the commission may maintain  an  accurate

 A. 3039                             9
 
 and  timely  effective data base of the official text of the laws of the
 state of New York in  furtherance  of  effectuating  the  provisions  of
 section  44  of the legislative law and section 70-b of the public offi-
 cers law.