Bill Text: NY S06840 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates the New York DREAM fund commission, which shall be committed to advancing the educational opportunities of children of immigrants through scholarship programs that provide assistance with the costs of higher education; makes family tuition accounts available to account owners who provide a valid taxpayer identification number.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-28 - REFERRED TO HIGHER EDUCATION [S06840 Detail]
Download: New_York-2011-S06840-Introduced.html
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:
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;
12 (IV) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
13 SENATE;
14 (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
15 BLY;
16 (C) TO THE EXTENT PRACTICABLE, MEMBERS OF THE COMMISSION SHALL REFLECT
17 THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY OF THE
18 STATE.
19 (D) TO THE EXTENT PRACTICABLE, MEMBERS OF THE COMMISSION SHALL INCLUDE
20 COLLEGE AND UNIVERSITY ADMINISTRATORS AND FACULTY, AND OTHER INDIVIDUALS
21 COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF
22 IMMIGRANTS.
23 (E) MEMBERS OF THE NEW YORK DREAM FUND COMMISSION SHALL RECEIVE NO
24 COMPENSATION FOR THEIR SERVICES.
25 2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
26 (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
27 (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
1 (III) ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH RAISING FUNDS FOR
2 THE ADMINISTRATION OF THIS SECTION AND ANY EDUCATIONAL OR TRAINING
3 PROGRAMS THE COMMISSION IS TASKED WITH ADMINISTRATING AND FUNDING SCHOL-
4 ARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMIGRANTS TO THE UNITED STATES;
5 (IV) PUBLICIZE THE AVAILABILITY OF SCHOLARSHIPS FROM THE NEW YORK
6 DREAM FUND;
7 (V) DEVELOP CRITERIA AND A SELECTION PROCESS FOR THE RECIPIENTS OF
8 SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
9 (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
10 THE COSTS OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
11 ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
12 GRANTS WITHIN HIGHER EDUCATION;
13 (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR HIGH
14 SCHOOL COUNSELORS, ADMISSIONS OFFICERS, AND FINANCIAL AID OFFICERS OF
15 INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS SHALL INSTRUCT
16 PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
17 STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
18 TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE EXTENT PRACTICA-
19 BLE, THE COMMISSION SHALL OFFER THE TRAINING PROGRAM TO SCHOOL DISTRICTS
20 AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES THROUGHOUT THE STATE,
21 PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN TO SCHOOL DISTRICTS AND
22 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH LARGER NUMBER OF
23 STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL DISTRICTS AND
24 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH LESSER NUMBER OF
25 STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
26 (VIII) ESTABLISH A PUBLIC AWARENESS CAMPAIGN REGARDING EDUCATIONAL
27 OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE THE CHILDREN
28 OF IMMIGRANTS; AND
29 (IX) ESTABLISH, BY RULE, PROCEDURES FOR ACCEPTING AND EVALUATING
30 APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND ISSU-
31 ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
32 (B) TO RECEIVE A SCHOLARSHIP PURSUANT TO THIS SECTION, A STUDENT
33 APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
34 (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE ATTENDING
35 A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
36 (II) HAVE GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
37 THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
38 (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE FOR
39 AT LEAST THREE YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
40 OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
41 (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
42 STATES.
43 (C) THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
44 SHALL BE FUNDED ENTIRELY BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
45 SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND. NO FUNDS
46 OF THE DREAM FUND OR THE DREAM FUND COMMISSION SHALL BE TRANSFERRED TO
47 THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL BE USED FOR ANY
48 PURPOSE OTHER THAN THE PURPOSES SET FORTH IN THIS SECTION.
49 3. THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
50 SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
51 SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
52 S 2. Subdivision 2 of section 695-e of the education law, as amended
53 by chapter 593 of the laws of 2003, is amended to read as follows:
54 2. A family tuition account may be opened by any person who desires to
55 save money for the payment of the qualified higher education expenses of
56 the designated beneficiary. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
S. 6840 3
1 A FAMILY TUITION ACCOUNT SHALL BE AVAILABLE TO ANY ACCOUNT OWNER WITH A
2 VALID SOCIAL SECURITY NUMBER, TAXPAYER IDENTIFICATION NUMBER, OR EMPLOY-
3 ER IDENTIFICATION NUMBER FOR THE BENEFIT OF ANY DESIGNATED BENEFICIARY
4 WITH A VALID SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER,
5 UNLESS A TUITION SAVINGS AGREEMENT IN EFFECT ON THE EFFECTIVE DATE OF
6 THE CHAPTER OF THE LAWS OF 2012 WHICH AMENDED THIS SUBDIVISION DOES NOT
7 ALLOW FOR A TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE TAXPAYER IDEN-
8 TIFICATION NUMBERS SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT.
9 An account owner may designate another person as successor owner of the
10 account in the event of the death of the original account owner. Such
11 person who opens an account or any successor owner shall be considered
12 the account owner as defined in section six hundred ninety-five-b of
13 this article.
14 a. An application for such account shall be in the form prescribed by
15 the program and contain the following:
16 (i) the name, address and social security number, TAXPAYER IDENTIFICA-
17 TION NUMBER or employer identification number of the account owner;
18 (ii) the designation of a designated beneficiary;
19 (iii) the name, address, and social security number OR TAXPAYER IDEN-
20 TIFICATION NUMBER of the designated beneficiary; and
21 (iv) such other information as the program may require.
22 b. The comptroller and the corporation may establish a nominal fee for
23 such application.
24 S 3. This act shall take effect immediately.
