S T A T E O F N E W Y O R K
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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:
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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13217-07-2
A. 8689--B 2
(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.
(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 THE 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 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;
A. 8689--B 3
(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 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 2012 WHICH AMENDED THIS SUBDIVISION DOES NOT
ALLOW FOR A TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE TAXPAYER IDEN-
TIFICATION 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.