Senate Bill S6840

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

                                  6840

                            I N  S E N A T E

                             March 28, 2012
                               ___________

Introduced by Sen. ESPAILLAT -- 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.
  (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;

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

                                                           LBD13217-05-2

S. 6840                             2

  (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 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,

S. 6840                             3

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.