S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1832

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. ESPAILLAT, AVELLA, RIVERA -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Higher
  Education

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:

  Section 1. The education law is amended by adding a new section 609 to
read as follows:
  S 609. 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.
  (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 THE COMMISSION SHALL REFLECT
THE  RACIAL,  ETHNIC,  GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY OF THE
STATE.
  (D) TO THE EXTENT PRACTICABLE, MEMBERS OF THE COMMISSION SHALL INCLUDE
COLLEGE AND UNIVERSITY ADMINISTRATORS AND FACULTY, AND OTHER INDIVIDUALS
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.
              

                                                           LBD05361-01-3

S. 1832                             2

  (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 RAISING FUNDS FOR
THE  ADMINISTRATION  OF  THIS  SECTION  AND  ANY EDUCATIONAL OR TRAINING
PROGRAMS THE COMMISSION IS TASKED WITH ADMINISTRATING AND FUNDING SCHOL-
ARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMIGRANTS TO THE UNITED STATES;
  (IV) PUBLICIZE THE AVAILABILITY OF  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 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:
  (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 THREE 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 DREAM FUND OR THE 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.

S. 1832                             3

  S  2.  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:
  2. A family tuition account may be opened by any person who desires to
save money for the payment of the qualified higher education expenses of
the designated beneficiary.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
A  FAMILY TUITION ACCOUNT SHALL BE AVAILABLE TO ANY ACCOUNT OWNER WITH A
VALID SOCIAL SECURITY NUMBER, TAXPAYER IDENTIFICATION NUMBER, OR EMPLOY-
ER IDENTIFICATION NUMBER FOR THE BENEFIT OF ANY  DESIGNATED  BENEFICIARY
WITH  A  VALID SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER,
UNLESS A TUITION SAVINGS AGREEMENT IN EFFECT ON THE  EFFECTIVE  DATE  OF
THE  CHAPTER  OF  THE  LAWS  OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS
SUBDIVISION DOES NOT ALLOW FOR  A  TAXPAYER  IDENTIFICATION  NUMBER,  IN
WHICH  CASE  TAXPAYER  IDENTIFICATION  NUMBERS SHALL BE ALLOWED UPON THE
EXPIRATION OF THE CONTRACT.  An  account  owner  may  designate  another
person  as  successor  owner of the account in the event of the death of
the original account owner. Such person who  opens  an  account  or  any
successor  owner  shall  be  considered  the account owner as defined in
section six hundred ninety-five-b of this article.
  a. An application for such account shall be in the form prescribed  by
the program and contain the following:
  (i) the name, address and social security number, TAXPAYER IDENTIFICA-
TION NUMBER or employer identification number of the account owner;
  (ii) the designation of a designated beneficiary;
  (iii)  the name, address, and social security number OR TAXPAYER IDEN-
TIFICATION NUMBER of the designated beneficiary; and
  (iv) such other information as the program may require.
  b. The comptroller and the corporation may establish a nominal fee for
such application.
  S 3. This act shall take effect immediately.