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S03953 Summary:

BILL NO    S03953A

SAME AS    No same as 

SPONSOR    KLEIN

COSPNSR    ESPAILLAT, AVELLA

MLTSPNSR   

Add S609, amd S695-e, Ed L

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.
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S03953 Text:

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

                                        3953--A

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   February 28, 2013
                                      ___________

       Introduced  by Sens. KLEIN, ESPAILLAT -- read twice and ordered printed,
         and when printed to be committed to the Committee on Higher  Education
         --  committee  discharged,  bill amended, ordered reprinted as amended
         and recommitted to said committee

       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:

    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 ESTAB-
    4  LISHED A NEW YORK DREAM FUND COMMISSION, HEREINAFTER REFERRED TO IN THIS
    5  SECTION AS THE "COMMISSION", WHICH SHALL BE COMMITTED TO  ADVANCING  THE
    6  EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
    7    (B) THE COMMISSION SHALL BE COMPOSED OF TWELVE MEMBERS TO BE APPOINTED
    8  AS FOLLOWS:
    9    (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
   10    (II)  THREE  MEMBERS  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
   11  THE SENATE;
   12    (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   13    (IV) ONE MEMBER SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
   14  SENATE;
   15    (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
   16  BLY;
   17    (C)  TO THE EXTENT PRACTICABLE, THE MEMBERSHIP OF THE COMMISSION SHALL
   18  REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE AND GEOGRAPHIC DIVERSITY OF
   19  THE STATE.
   20    (D) TO THE EXTENT PRACTICABLE, THE MEMBERSHIP OF THE COMMISSION  SHALL
   21  INCLUDE  COLLEGE  AND  UNIVERSITY  ADMINISTRATORS  AND FACULTY AND OTHER

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05361-03-3
       S. 3953--A                          2

    1  INDIVIDUALS WHO ARE COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES
    2  OF THE CHILDREN OF IMMIGRANTS.
    3    (E)  THE  MEMBERS  OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
    4  THEIR SERVICES.
    5    2. (A) THE COMMISSION SHALL HAVE THE POWER TO:
    6    (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
    7    (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
    8    (III) ESTABLISH A NOT-FOR-PROFIT  ENTITY  CHARGED  AND  AUTHORIZED  TO
    9  SOLICIT, ACCEPT, ALLOCATE AND DISTRIBUTE FUNDS FOR THE ADMINISTRATION OF
   10  THIS  SECTION AND ANY EDUCATIONAL OR TRAINING PROGRAMS THE COMMISSION IS
   11  TASKED WITH ADMINISTRATING AND FOR FUNDING SCHOLARSHIPS TO STUDENTS  WHO
   12  ARE CHILDREN OF IMMIGRANTS TO THE UNITED STATES;
   13    (IV)  PUBLICIZE  THE  AVAILABILITY  OF  SCHOLARSHIPS FROM THE NEW YORK
   14  DREAM FUND;
   15    (V) DEVELOP CRITERIA AND A SELECTION PROCESS  FOR  THE  RECIPIENTS  OF
   16  SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
   17    (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
   18  THE  COSTS  OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
   19  ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
   20  GRANTS WITHIN HIGHER EDUCATION;
   21    (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR  HIGH
   22  SCHOOL  COUNSELORS,  ADMISSIONS  OFFICERS, AND FINANCIAL AID OFFICERS OF
   23  INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS  SHALL  INSTRUCT
   24  PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
   25  STUDENTS  WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
   26  TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE  EXTENT  PRACTICA-
   27  BLE, THE COMMISSION SHALL OFFER THE TRAINING PROGRAM TO SCHOOL DISTRICTS
   28  AND  BOARDS  OF  COOPERATIVE  EDUCATIONAL SERVICES THROUGHOUT THE STATE,
   29  PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN TO SCHOOL  DISTRICTS  AND
   30  BOARDS  OF  COOPERATIVE  EDUCATIONAL  SERVICES  WITH A HIGHER PORTION OR
   31  NUMBER OF STUDENTS WHO  ARE  THE  CHILDREN  OF  IMMIGRANTS  OVER  SCHOOL
   32  DISTRICTS  AND  BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH A LESSER
   33  PORTION OR NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
   34    (VIII) ESTABLISH A PUBLIC  AWARENESS  CAMPAIGN  REGARDING  EDUCATIONAL
   35  OPPORTUNITIES  AVAILABLE  TO COLLEGE BOUND STUDENTS WHO ARE THE CHILDREN
   36  OF IMMIGRANTS; AND
   37    (IX) ESTABLISH, PUBLISH AND MAKE AVAILABLE TO THE  PUBLIC,  PROCEDURES
   38  AND  GUIDELINES  FOR  ACCEPTING AND EVALUATING APPLICATIONS FOR SCHOLAR-
   39  SHIPS FROM THE  CHILDREN  OF  IMMIGRANTS  AND  ISSUING  SCHOLARSHIPS  TO
   40  SELECTED STUDENT APPLICANTS;
   41    (B)  TO  RECEIVE  A  SCHOLARSHIP  PURSUANT  TO THIS SECTION, A STUDENT
   42  APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
   43    (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE  ATTENDING
   44  A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
   45    (II)  HAVE  GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
   46  THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
   47    (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE  FOR
   48  AT  LEAST  TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
   49  OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
   50    (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
   51  STATES.
   52    (C) THE COMMISSION AND THE NEW YORK DREAM FUND SHALL BE FUNDED ENTIRE-
   53  LY BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS SHALL BE APPROPRIATED  TO
   54  OR USED BY THE NEW YORK DREAM FUND.  NO FUNDS OF THE NEW YORK DREAM FUND
   55  OR  THE  COMMISSION  SHALL  BE  TRANSFERRED  TO  THE GENERAL FUND OR ANY
       S. 3953--A                          3

    1  SPECIAL REVENUE FUND OR SHALL BE USED FOR ANY  PURPOSE  OTHER  THAN  THE
    2  PURPOSES SET FORTH IN THIS SECTION.
    3    3.  THE COMMISSION AND THE NEW YORK DREAM FUND SHALL BE SUBJECT TO THE
    4  PROVISIONS OF ARTICLES SIX AND SEVEN AND  SECTION  SEVENTY-FOUR  OF  THE
    5  PUBLIC OFFICERS LAW.
    6    S  2.  Subdivision 2 of section 695-e of the education law, as amended
    7  by chapter 593 of the laws of 2003, is amended to read as follows:
    8    2. A family tuition account may be opened by any person who desires to
    9  save money for the payment of the qualified higher education expenses of
   10  the designated beneficiary.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
   11  A FAMILY TUITION ACCOUNT SHALL BE AVAILABLE TO ANY ACCOUNT OWNER WITH  A
   12  VALID SOCIAL SECURITY NUMBER, TAXPAYER IDENTIFICATION NUMBER, OR EMPLOY-
   13  ER  IDENTIFICATION  NUMBER FOR THE BENEFIT OF ANY DESIGNATED BENEFICIARY
   14  WITH A VALID SOCIAL SECURITY NUMBER OR TAXPAYER  IDENTIFICATION  NUMBER,
   15  UNLESS  A  TUITION  SAVINGS AGREEMENT IN EFFECT ON THE EFFECTIVE DATE OF
   16  THE CHAPTER OF THE LAWS OF TWO  THOUSAND  THIRTEEN  WHICH  AMENDED  THIS
   17  SUBDIVISION  DOES  NOT  ALLOW  FOR  A TAXPAYER IDENTIFICATION NUMBER, IN
   18  WHICH CASE TAXPAYER IDENTIFICATION NUMBERS SHALL  BE  ALLOWED  UPON  THE
   19  EXPIRATION  OF  THE  CONTRACT.  An  account  owner may designate another
   20  person as successor owner of the account in the event of  the  death  of
   21  the  original  account  owner.  Such  person who opens an account or any
   22  successor owner shall be considered the  account  owner  as  defined  in
   23  section six hundred ninety-five-b of this article.
   24    a.  An application for such account shall be in the form prescribed by
   25  the program and contain the following:
   26    (i) the name, address and social security number, TAXPAYER IDENTIFICA-
   27  TION NUMBER or employer identification number of the account owner;
   28    (ii) the designation of a designated beneficiary;
   29    (iii) the name, address, and social security number OR TAXPAYER  IDEN-
   30  TIFICATION NUMBER of the designated beneficiary; and
   31    (iv) such other information as the program may require.
   32    b. The comptroller and the corporation may establish a nominal fee for
   33  such application.
   34    S 3. This act shall take effect immediately.
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