Bill Text: NY S09700 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to development of programs for, use of funds towards, scholarships and grants under the New York state college choice tuition savings program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-04 - referred to higher education [S09700 Detail]

Download: New_York-2023-S09700-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9700

                    IN SENATE

                                      May 22, 2024
                                       ___________

        Introduced  by Sen. STAVISKY -- (at request of the State Comptroller) --
          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 the New York state
          college choice tuition savings program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  2  of section 695-c of the education law, as
     2  added by chapter 546 of the laws of 1997, is amended to read as follows:
     3    2. In furtherance of such implementation the memorandum of understand-
     4  ing shall address the authority and responsibility  of  the  comptroller
     5  and the corporation to:
     6    a.  develop  and implement the program in a manner consistent with the
     7  provisions of this article through rules and regulations established  in
     8  accordance with the state administrative procedure act;
     9    b.  engage the services of consultants on a contract basis for render-
    10  ing professional and technical assistance and advice;
    11    c.   seek rulings and other guidance from the United States Department
    12  of the Treasury  and  the  Internal  Revenue  Service  relating  to  the
    13  program;
    14    d.    make changes to the program required for the participants in the
    15  program to obtain the federal income tax benefits or treatment  provided
    16  by  section 529 of the Internal Revenue Code of 1986, as amended, or any
    17  similar successor legislation;
    18    e.  charge, impose, and collect administrative fees and service charg-
    19  es in connection with any agreement, contract or transaction relating to
    20  the program;
    21    f. develop marketing plans and promotion material;
    22    g. establish the methods by which the funds held in such  accounts  be
    23  [dispersed] disbursed;
    24    h.  establish  the method by which funds shall be allocated to pay for
    25  administrative costs and, to the extent the comptroller and  the  corpo-
    26  ration  jointly  determine  that  funds  are  available after payment of
    27  administrative costs, to  support  scholarship  and  grant  programs  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14506-02-4

        S. 9700                             2

     1  furtherance  of  program purposes, in each case in accordance with rules
     2  and regulations promulgated by the comptroller in consultation with  the
     3  corporation; [and]
     4    i.  develop  and implement scholarship and grant programs as the comp-
     5  troller, in consultation with the corporation, may deem  appropriate  to
     6  carry out the purposes of this article; and
     7    j.  do  all  things  necessary and proper to carry out the purposes of
     8  this article.
     9    § 2. Subdivision 12 of section 695-e of the education law, as  amended
    10  by chapter 593 of the laws of 2003, is amended to read as follows:
    11    12.  a.  A  state  or  local  government  or organization described in
    12  section 501(c)(3) of the Internal Revenue Code of 1986, as amended,  may
    13  open  and  become the account owner of [an account] one or more accounts
    14  to fund scholarships or grants for persons whose identity  is  known  or
    15  will be determined upon disbursement.
    16    b.  In  the case of any account opened pursuant to paragraph a of this
    17  subdivision the requirement set forth in subdivision two of this section
    18  that a designated beneficiary be designated when an  account  is  opened
    19  shall  not  apply  and  each individual who receives an interest in such
    20  account as a scholarship or grant shall be treated as a designated bene-
    21  ficiary with respect to such interest.
    22    § 3. This act shall take effect immediately.
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