Senate Bill S4079

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

                                  4079

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 7, 2013
                               ___________

Introduced  by Sens. ESPAILLAT, KLEIN -- 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 establishing  the  New
  York  DREAM  fund commission and making family tuition accounts avail-
  able 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 ESTAB-
LISHED A NEW YORK DREAM FUND COMMISSION, HEREINAFTER REFERRED TO IN THIS
SECTION AS THE "COMMISSION", WHICH SHALL BE COMMITTED TO  ADVANCING  THE
EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
  (B) THE 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, THE MEMBERSHIP OF THE COMMISSION SHALL
REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE AND GEOGRAPHIC DIVERSITY OF
THE STATE.
  (D) TO THE EXTENT PRACTICABLE, THE MEMBERSHIP OF THE COMMISSION  SHALL
INCLUDE  COLLEGE  AND  UNIVERSITY  ADMINISTRATORS  AND FACULTY AND OTHER
INDIVIDUALS WHO ARE 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.
                                                           LBD05361-02-3

              

S. 4079                             2

  (E) THE MEMBERS OF THE COMMISSION SHALL RECEIVE  NO  COMPENSATION  FOR
THEIR SERVICES.
  2. (A) THE 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 AND AUTHORIZED TO
SOLICIT, ACCEPT, ALLOCATE AND DISTRIBUTE FUNDS FOR THE ADMINISTRATION OF
THIS SECTION AND ANY EDUCATIONAL OR TRAINING PROGRAMS THE COMMISSION  IS
TASKED  WITH ADMINISTRATING AND FOR FUNDING SCHOLARSHIPS 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  A  HIGHER  PORTION  OR
NUMBER  OF  STUDENTS  WHO  ARE  THE  CHILDREN  OF IMMIGRANTS OVER SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH  A  LESSER
PORTION OR 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,  PUBLISH AND MAKE AVAILABLE TO THE PUBLIC, PROCEDURES
AND GUIDELINES FOR ACCEPTING AND EVALUATING  APPLICATIONS  FOR  SCHOLAR-
SHIPS  FROM  THE  CHILDREN  OF  IMMIGRANTS  AND  ISSUING 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 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 COMMISSION AND THE NEW YORK DREAM FUND SHALL BE FUNDED ENTIRE-
LY  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 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.

S. 4079                             3

  3. THE 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 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.