S T A T E O F N E W Y O R K
________________________________________________________________________
8689--B
2011-2012 Regular Sessions
I N A S S E M B L Y
November 21, 2011
___________
Introduced by M. of A. MOYA, CRESPO, P. RIVERA, O'DONNELL, MENG, JAFFEE,
BRONSON, GOTTFRIED, ROSENTHAL, CASTRO, GIBSON, M. MILLER, V. LOPEZ,
HEASTIE, LANCMAN, STEVENSON, SIMOTAS, ROBERTS, RODRIGUEZ, CAMARA,
ORTIZ, LINARES, CLARK, SCHIMEL, PERRY, WEPRIN, HEVESI, ESPINAL, AUBRY,
JEFFRIES, DenDEKKER, RAMOS, BRAUNSTEIN, SCARBOROUGH, MAISEL, ENGLE-
BRIGHT, BENEDETTO, KAVANAGH, COOK, BOYLAND, LAVINE, JACOBS, SIMANOW-
ITZ, GOLDFEDER, CAHILL, QUART, MILLMAN, ARROYO -- Multi-Sponsored by
-- M. of A. ABINANTI, BRENNAN, MONTESANO, NOLAN, RA, TITONE -- read
once and referred to the Committee on Governmental Operations --
recommitted to the Committee on Governmental Operations in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the education law, in relation to creating the New York
DREAM fund commission and making family tuition accounts available to
account owners who provide a taxpayer identification number
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The education law is amended by adding a new section 609 to
2 read as follows:
3 S 609. NEW YORK DREAM FUND COMMISSION. 1. (A) THERE SHALL BE CREATED
4 A NEW YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED TO ADVANCING
5 THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
6 (B) THE NEW YORK DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE
7 MEMBERS TO BE APPOINTED AS FOLLOWS:
8 (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
9 (II) THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
10 THE SENATE;
11 (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13217-07-2
A. 8689--B 2
1 (IV) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
2 SENATE;
3 (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
4 BLY;
5 (C) TO THE EXTENT PRACTICABLE, MEMBERS OF THE COMMISSION SHALL REFLECT
6 THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY OF THE
7 STATE.
8 (D) TO THE EXTENT PRACTICABLE, MEMBERS OF THE COMMISSION SHALL INCLUDE
9 COLLEGE AND UNIVERSITY ADMINISTRATORS AND FACULTY, AND OTHER INDIVIDUALS
10 COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF
11 IMMIGRANTS.
12 (E) MEMBERS OF THE NEW YORK DREAM FUND COMMISSION SHALL RECEIVE NO
13 COMPENSATION FOR THEIR SERVICES.
14 2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
15 (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
16 (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
17 (III) ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
18 ITY OF RAISING FUNDS FOR THE ADMINISTRATION OF THIS SECTION AND ANY
19 EDUCATIONAL OR TRAINING PROGRAMS THE COMMISSION IS TASKED WITH ADMINIS-
20 TRATING AND FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
21 GRANTS TO THE UNITED STATES;
22 (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
23 DREAM FUND;
24 (V) DEVELOP CRITERIA AND A SELECTION PROCESS FOR THE RECIPIENTS OF
25 SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
26 (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
27 THE COSTS OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
28 ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
29 GRANTS WITHIN HIGHER EDUCATION;
30 (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR HIGH
31 SCHOOL COUNSELORS, ADMISSIONS OFFICERS, AND FINANCIAL AID OFFICERS OF
32 INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS SHALL INSTRUCT
33 PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
34 STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
35 TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE EXTENT PRACTICA-
36 BLE, THE COMMISSION SHALL OFFER THE TRAINING PROGRAM TO SCHOOL DISTRICTS
37 AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES THROUGHOUT THE STATE,
38 PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN TO SCHOOL DISTRICTS AND
39 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH LARGER NUMBER OF
40 STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL DISTRICTS AND
41 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH LESSER NUMBER OF
42 STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
43 (VIII) ESTABLISH A PUBLIC AWARENESS CAMPAIGN REGARDING EDUCATIONAL
44 OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE THE CHILDREN
45 OF IMMIGRANTS; AND
46 (IX) ESTABLISH, BY RULE, PROCEDURES FOR ACCEPTING AND EVALUATING
47 APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND ISSU-
48 ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
49 (B) TO RECEIVE A SCHOLARSHIP PURSUANT TO THIS SECTION, A STUDENT
50 APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
51 (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE ATTENDING
52 A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
53 (II) HAVE GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
54 THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
A. 8689--B 3
1 (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE FOR
2 AT LEAST THREE YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
3 OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
4 (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
5 STATES.
6 (C) THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
7 SHALL BE FUNDED ENTIRELY BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
8 SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND. NO FUNDS
9 OF THE DREAM FUND OR THE DREAM FUND COMMISSION SHALL BE TRANSFERRED TO
10 THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL BE USED FOR ANY
11 PURPOSE OTHER THAN THE PURPOSES SET FORTH IN THIS SECTION.
12 3. THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
13 SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
14 SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
15 S 2. Subdivision 2 of section 695-e of the education law, as amended
16 by chapter 593 of the laws of 2003, is amended to read as follows:
17 2. A family tuition account may be opened by any person who desires to
18 save money for the payment of the qualified higher education expenses of
19 the designated beneficiary. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
20 A FAMILY TUITION ACCOUNT SHALL BE AVAILABLE TO ANY ACCOUNT OWNER WITH A
21 VALID SOCIAL SECURITY NUMBER, TAXPAYER IDENTIFICATION NUMBER, OR EMPLOY-
22 ER IDENTIFICATION NUMBER FOR THE BENEFIT OF ANY DESIGNATED BENEFICIARY
23 WITH A VALID SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER,
24 UNLESS A TUITION SAVINGS AGREEMENT IN EFFECT ON THE EFFECTIVE DATE OF
25 THE CHAPTER OF THE LAWS OF 2012 WHICH AMENDED THIS SUBDIVISION DOES NOT
26 ALLOW FOR A TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE TAXPAYER IDEN-
27 TIFICATION NUMBERS SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT.
28 An account owner may designate another person as successor owner of the
29 account in the event of the death of the original account owner. Such
30 person who opens an account or any successor owner shall be considered
31 the account owner as defined in section six hundred ninety-five-b of
32 this article.
33 a. An application for such account shall be in the form prescribed by
34 the program and contain the following:
35 (i) the name, address and social security number, TAXPAYER IDENTIFICA-
36 TION NUMBER or employer identification number of the account owner;
37 (ii) the designation of a designated beneficiary;
38 (iii) the name, address, and social security number OR TAXPAYER IDEN-
39 TIFICATION NUMBER of the designated beneficiary; and
40 (iv) such other information as the program may require.
41 b. The comptroller and the corporation may establish a nominal fee for
42 such application.
43 S 3. This act shall take effect immediately.