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A11594 Summary:

BILL NOA11594
 
SAME ASNo Same As
 
SPONSORRules (Palmesano)
 
COSPNSR
 
MLTSPNSR
 
Add Art 29 §§508 - 515, Ec Dev L; amd §612, Tax L; add §99-uu, St Fin L
 
Establishes state-facilitated investment accounts for individuals under the age of eighteen; creates a tax deduction for certain contributions to such investment accounts.
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A11594 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11594
 
                   IN ASSEMBLY
 
                                      June 5, 2026
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Palmesano)
          -- read once and referred to the Committee on Ways and Means
 
        AN ACT to amend the economic development law, the tax law and the  state
          finance  law, in relation to establishing state-facilitated investment
          accounts for individuals under the age of eighteen

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "New York State Securing Early Equity  and  Development  (NYS  SEED)
     3  Program".
     4    § 2. Legislative intent. This act intends to promote financial securi-
     5  ty, economic mobility, and long-term wealth accumulation among New York-
     6  ers by expanding access to tax-advantaged saving and investment accounts
     7  for  newborn  children.  By  fostering early asset building and personal
     8  investment, this act aims to strengthen financial  independence,  better
     9  align  tax  incentives  with  long-term  savings  goals, and cultivate a
    10  culture of financial empowerment.
    11    § 3. The economic development law is amended by adding a  new  article
    12  29 to read as follows:
    13                                 ARTICLE 29
    14     NEW YORK STATE SECURING EARLY EQUITY AND DEVELOPMENT (SEED) PROGRAM
    15  Section 508. Program established.
    16          509. Purposes.
    17          510. Definitions.
    18          511. Functions of the comptroller.
    19          512. Powers of the comptroller.
    20          513. Program requirements; NY SEED account.
    21          514. Program limitations; NY SEED account.
    22          515. Reporting requirements.
    23    §  508.  Program  established.  There is hereby established within New
    24  York state a pilot program to be known as the "Securing Early Equity and
    25  Development (SEED) Program".
    26    § 509. Purposes. The purposes of the securing early equity and  devel-
    27  opment  program  shall  be  to  authorize  the  establishment of NY SEED
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16001-01-6

        A. 11594                            2
 
     1  accounts and to provide guidelines for the maintenance of such  accounts
     2  to:
     3    1.  provide  a direct financial incentive for families to maintain New
     4  York state residency and long-term investment in the state;
     5    2. mitigate the high cost of living in New York state by  establishing
     6  a growth-oriented capital base;
     7    3.  incentivize  consistent  personal  savings  and private investment
     8  through the use of low-cost market instruments; and
     9    4. foster individual ownership and  financial  literacy  by  providing
    10  young  New  Yorkers  with  a personal stake in the economy and practical
    11  experience managing investment assets.
    12    § 510. Definitions. As used in this article, the following terms shall
    13  have the following meanings:
    14    1. "Account" or "NY SEED account" shall  mean  an  individual  savings
    15  account established in accordance with the provisions of this article.
    16    2.  "Account  owner"  shall  mean a parent or legal guardian, who is a
    17  full-year resident taxpayer in the state of New York,  of  a  designated
    18  beneficiary,  who  established  an  account  under  this article. Upon a
    19  designated beneficiary reaching the age  of  eighteen,  such  designated
    20  beneficiary  shall automatically become the account owner and assume all
    21  rights, responsibilities, and control over the account.
    22    3. "Commissioner" shall mean the commissioner  of  the  department  of
    23  taxation and finance.
    24    4. "Comptroller" shall mean the comptroller of the state of New York.
    25    5. "Contribution" shall mean any cash deposit of private funds into an
    26  account for the benefit of a designated beneficiary.
    27    6. "Contribution limit" shall mean the maximum amount of private funds
    28  that  may  be  deposited  into  an account during a single taxable year,
    29  which shall not exceed five thousand dollars for individual or  head  of
    30  household  and  ten  thousand  dollars  for married individuals who file
    31  joint tax returns, provided that the comptroller may adjust  this  limit
    32  for inflation in increments of five hundred dollars.
    33    7.  "Contributor"  shall  mean any person or legal entity who deposits
    34  private funds into an account.
    35    8. "Dependent" shall have the same meaning as defined by 26  U.S.C.  §
    36  152.
    37    9. "Designated beneficiary" shall mean any individual under the age of
    38  eighteen  for  whom  an  account is established under this article. Such
    39  individual must be a dependent of the account owner.
    40    10. "Eligible child" shall mean an individual born in the state of New
    41  York for taxable years beginning January first, two thousand  twenty-six
    42  and  before January first, two thousand twenty-nine, who has been issued
    43  a valid social security number.
    44    11. "Guardian" shall have the same meaning as defined by  section  one
    45  hundred three of the surrogate's court procedure act.
    46    12.  "Nonqualified  withdrawal"  shall  mean  any  withdrawal  from an
    47  account before the designated beneficiary reaches the age  of  eighteen,
    48  the  designated  beneficiary  has  attained  the age of eighteen but has
    49  failed to complete the financial literacy requirements as prescribed  by
    50  subdivision  five  of  section five hundred thirteen of this article, or
    51  any instance where the designated beneficiary ceases to be a resident of
    52  the state of New York prior to reaching such age, except in the event of
    53  the beneficiary's death or permanent disability.
    54    (a) For qualifying accounts, a nonqualified withdrawal shall result in
    55  the immediate forfeiture and recapture of the seed money and any accrued
    56  earnings thereon. Such recaptured funds shall be returned to the  state.

        A. 11594                            3
 
     1  Private  contributions and any earnings accrued on such private contrib-
     2  utions shall not be subject to state recapture.
     3    (b) For any account, a nonqualified withdrawal shall be subject to:
     4    (i)  the  recapture  of  any  state tax deductions previously claimed,
     5  pursuant to this article, as administered by  the  commissioner.  If  an
     6  account  owner is unable to pay such recapture in full, the comptroller,
     7  in coordination  with  the  commissioner  shall  provide  rules  for  an
     8  installment payment agreement plan; and
     9    (ii)  an  administrative  fee, to be determined by the comptroller, to
    10  cover the costs of account maintenance and the processing of such  with-
    11  drawal.
    12    13.  "Program"  shall  mean  the securing early equity and development
    13  program established pursuant to this article.
    14    14. "Qualifying account" shall mean an account established under  this
    15  article  for  an  eligible child where the account owner must have had a
    16  New York state adjusted gross income for the preceding taxable year  not
    17  exceeding:
    18    (a) seventy-five thousand dollars for an account owner who filed a New
    19  York  state  resident  income  tax  return as a single taxpayer, married
    20  taxpayer filing a separate return, or a head of household; or
    21    (b) one hundred fifty thousand dollars for an account owner who  filed
    22  a New York state resident income tax return as a married taxpayer filing
    23  jointly or a qualified surviving spouse.
    24    15.  "Qualified withdrawal" shall mean a withdrawal from an account on
    25  or after the date the designated beneficiary reaches the  age  of  eigh-
    26  teen.
    27    16. "Rollover" shall mean a transfer of assets upon attaining eighteen
    28  years  of age from a NY SEED account to another qualified tax-advantaged
    29  savings account, including but not limited to:
    30    (a) a tuition savings account established pursuant  to  article  four-
    31  teen-A of the education law;
    32    (b) an individual retirement account as defined by 26 U.S.C. § 408, to
    33  the extent permitted under federal law; or
    34    (c)  a  deferred  compensation  plan maintained by a public or private
    35  employer, to the extent permitted under federal law.
    36    17. "Seed money"  or  "seed  deposit"  shall  mean  a  one-time  state
    37  contribution of one thousand dollars deposited by the comptroller into a
    38  qualifying  account;  provided,  however,  that no such deposit shall be
    39  made without the prior approval of the director of the budget.
    40    § 511. Functions of the comptroller. 1. The comptroller  shall  imple-
    41  ment  and  administer  the program under the terms and conditions estab-
    42  lished by this article and pursuant to  a  memorandum  of  understanding
    43  relating  to  any  matters  not otherwise expressly provided for in this
    44  article, provided, however, that such memorandum shall not conflict with
    45  any provisions of this article.
    46    2. In furtherance of such implementation,  the  memorandum  of  under-
    47  standing  shall  address  the  authority and responsibility of the comp-
    48  troller to:
    49    (a) develop,  implement,  and  administer  the  program  in  a  manner
    50  consistent  with  the provisions of this article, including the adoption
    51  of rules and regulations in accordance  with  the  state  administrative
    52  procedure act;
    53    (b)  serve  as  custodian and trustee of all funds and accounts estab-
    54  lished pursuant to this article, and to hold, manage,  and  invest  such
    55  funds  at  the  direction  of  and  for the exclusive benefit of account
    56  owners and designated beneficiaries, and to discharge such  duties  with

        A. 11594                            4
 
     1  the  care,  skill, and diligence under the circumstances then prevailing
     2  that a prudent person acting in a like capacity would use;
     3    (c)  invest  and reinvest program assets in accordance with applicable
     4  law and a written investment policy adopted by the comptroller, provided
     5  that the comptroller shall establish a menu of  standardized  investment
     6  options  and  shall permit the account owner to direct the investment of
     7  all funds within their  individual  account  among  such  options.  Such
     8  options  shall  include,  but  not  be limited to, age-based target date
     9  funds and low-cost equity and  fixed-income  index  funds,  designed  to
    10  promote long-term asset growth for the designated beneficiary;
    11    (d) engage the services of consultants, investment managers, financial
    12  institutions,  and  other  professional  and  technical  advisors  on  a
    13  contract basis for the administration and management of the program;
    14    (e) seek rulings and other guidance from the United States  department
    15  of the treasury, the internal revenue service, or other federal or state
    16  agencies relating to the program;
    17    (f)  make  administrative  or  operational  changes  to the program as
    18  necessary to ensure compliance with applicable state law and  to  obtain
    19  any  federal  income  tax  benefits  or  treatment  consistent  with the
    20  purposes of this article;
    21    (g) charge, impose, and collect  reasonable  administrative  fees  and
    22  service  charges  in  connection with any agreement, contract, or trans-
    23  action relating to the program;
    24    (h) establish procedures  for  the  creation,  maintenance,  rollover,
    25  contribution  to,  withdrawal  from, and distribution of accounts estab-
    26  lished pursuant to this article;
    27    (i) establish procedures to ensure that the  account  owner  maintains
    28  the  sole  authority  to select among the investment options provided by
    29  the program for both the seed money and any private  contributions,  and
    30  to  periodically  reallocate such assets as permitted by the comptroller
    31  and applicable tax law. In the event that  an  account  owner  fails  to
    32  direct  the  investment  of  funds,  the comptroller shall automatically
    33  allocate such funds into the age-based target date fund most appropriate
    34  for the age of the designated beneficiary;
    35    (j) maintain records, accounts, and reports relating to  the  program,
    36  and provide periodic reports to the governor and legislature as required
    37  by section five hundred fifteen of this article;
    38    (k)  develop  marketing  plans,  outreach  strategies, and promotional
    39  materials to inform eligible participants of the program;
    40    (l) establish a financial literacy certification program, which may be
    41  provided in a  digital  format,  that  a  designated  beneficiary  shall
    42  complete upon attaining eighteen years of age as a condition of exercis-
    43  ing full control over a qualified withdrawal; provided that such program
    44  shall  be  designed  to  educate  the beneficiary on the fundamentals of
    45  investing, compound interest, and responsible asset management;
    46    (m) establish the methods by which funds held in such  accounts  shall
    47  be  disbursed,  including verification of eligibility for seed money and
    48  the confirmation of approval by the director  of  budget  prior  to  the
    49  deposit  of  state  funds  into a qualifying account, provided, however,
    50  that each designated beneficiary shall be entitled to access and control
    51  the full balance of such account upon attaining eighteen years  of  age,
    52  subject only to reasonable administrative procedures as may be necessary
    53  to  verify  identity  and  prevent  fraud, and further provided that any
    54  restrictions on use before such age shall be consistent with  the  long-
    55  term asset building purposes of this article;

        A. 11594                            5
 
     1    (n) establish the method by which program assets shall be allocated to
     2  pay for administrative and operational costs;
     3    (o)  coordinate  with  the department of taxation and finance, and any
     4  other relevant state agencies, including for the purposes of data  shar-
     5  ing, eligibility verification, and program administration, in accordance
     6  with applicable law;
     7    (p)  audit  and  oversee  all  aspects  of  the program, including any
     8  contractors, agents, or service providers,  to  ensure  compliance  with
     9  applicable law, rules, contractual obligations, and fiduciary standards;
    10    (q)  receive,  use,  and  protect  data  necessary  to  administer the
    11  program, including tax and other eligibility-related data, in accordance
    12  with all applicable state privacy and confidentiality laws;
    13    (r) provide for the disposition of abandoned or unclaimed accounts  in
    14  accordance  with  the  abandoned  property law; provided that no account
    15  shall be deemed abandoned prior to the beneficiary attaining the age  of
    16  eighteen; and
    17    (s)  do  all  things necessary and proper to carry out the purposes of
    18  this article, consistent with the provisions of this article.
    19    § 512. Powers of the comptroller. 1. The comptroller may implement the
    20  program through the use of financial organizations as account  deposito-
    21  ries, custodians, and managers for accounts established on behalf of the
    22  account  owner  pursuant  to this article. Under the program, an account
    23  shall be established for each child in a manner determined by the  comp-
    24  troller,  with  an approved account depository, and such accounts may be
    25  maintained with one or more approved financial organizations.
    26    2. The comptroller may solicit proposals from financial  organizations
    27  to  act as depositories and managers of the program. Financial organiza-
    28  tions submitting proposals shall describe the investment instruments  or
    29  options  to  be  offered  under  the program, which shall be designed to
    30  support long-term asset growth and wealth accumulation. The  comptroller
    31  shall  select  as program depositories and managers the financial organ-
    32  ization that demonstrates the most  advantageous  combination,  both  to
    33  program beneficiaries and the state, of the following factors:
    34    (a)  the  financial stability and integrity of the financial organiza-
    35  tion;
    36    (b) the safety, diversification, and long-term growth potential of the
    37  investment instruments being offered, including the  availability  of  a
    38  diverse menu of options for selection by the account owner;
    39    (c)  the  ability  of such investment instruments to achieve long-term
    40  asset growth and wealth accumulation, including preservation of  princi-
    41  pal  and  compounding returns over time, consistent with the purposes of
    42  this article;
    43    (d) the ability of the financial organization to satisfy recordkeeping
    44  and reporting requirements;
    45    (e) the financial organization's plan for promoting  the  program  and
    46  the  investment it is willing to make to promote the program, supporting
    47  sustained participation;
    48    (f) the fees, if any, proposed to be charged to account owners, with a
    49  preference for low-cost fee structures that maximize the long-term accu-
    50  mulation of wealth for the beneficiary;
    51    (g) the minimum initial deposit and minimum contributions required, if
    52  any;
    53    (h) the ability to accept electronic contributions; and
    54    (i) any other benefits to the state or its residents included  in  the
    55  proposal, including fees payable to the state or administrative support.

        A. 11594                            6
 
     1    3.  The  comptroller  may  enter  contracts with one or more financial
     2  organizations  to  serve  as  program  managers  or  depositories.  Such
     3  contracts  shall  provide  one  or  more types of investment instruments
     4  sufficient to allow account owners to direct  the  investment  of  their
     5  individual accounts among different risk profiles.
     6    4. The comptroller may select more than one financial organization for
     7  participation  in the program and may allocate accounts or contributions
     8  among such organizations as the comptroller deems appropriate and in the
     9  best interests of account beneficiaries.
    10    5. Any management contract entered  pursuant  to  this  section  shall
    11  include, at a minimum, terms requiring the financial organization to:
    12    (a) take any action necessary to ensure that the program complies with
    13  applicable state and federal law;
    14    (b) keep adequate records of each account, maintain each account sepa-
    15  rately,  and  provide the comptroller with such information as is neces-
    16  sary to administer the program and prepare required reports;
    17    (c) maintain distinct records for each account that clearly  differen-
    18  tiate  between  state-funded  seed money, including any accrued earnings
    19  thereon, and private contributions;
    20    (d) compile and provide aggregate data and reports as required by  the
    21  comptroller;
    22    (e)  provide  the comptroller with such information as is necessary to
    23  determine compliance with  this  article  and  any  applicable  contract
    24  provisions;
    25    (f)  provide the comptroller or the comptroller's designee with access
    26  to the books and records of the program manager as necessary  to  ensure
    27  compliance with the contract;
    28    (g)  hold  all  accounts  in  trust  for  the exclusive benefit of the
    29  account owners;
    30    (h) be subjected to an annual independent audit by a certified  public
    31  accountant, the results of which shall be provided to the comptroller;
    32    (i)  provide  copies  of  all  non-confidential regulatory filings and
    33  reports and make available for review  the  results  of  any  regulatory
    34  examinations, to the extent permitted by law; and
    35    (j)  ensure that all marketing, outreach, and program materials comply
    36  with applicable law and accurately reflect the long-term,  wealth-build-
    37  ing purpose of the program adopted pursuant to this article.
    38    6.  The  comptroller may require, at any time, an audit or examination
    39  of the operations and financial condition  of  any  program  manager  or
    40  depository  if  the  comptroller  has  reason  to be concerned about the
    41  financial  position,  recordkeeping  practices,  or  administration   of
    42  accounts.
    43    7.  During  the  term  of  any contract, the comptroller shall conduct
    44  periodic examinations of  each  program  manager  and  its  handling  of
    45  accounts,  which  shall  occur at least biennially unless such entity is
    46  otherwise subject to substantially  similar  oversight  by  a  state  or
    47  federal regulatory authority.
    48    8.  (a)  If  the  selection  of  a financial organization as a program
    49  manager or depository is not renewed, then, following the expiration  of
    50  its term:
    51    (i) no new accounts shall be established with such organization;
    52    (ii)  additional  contributions  may  be  made to existing accounts as
    53  permitted by the comptroller;
    54    (iii) such accounts shall remain subject to all  applicable  oversight
    55  and reporting requirements established by the comptroller; and

        A. 11594                            7
 
     1    (iv)  the  comptroller shall take such actions as necessary to protect
     2  account beneficiaries.
     3    (b)  If  the  comptroller  terminates  a  financial  organization as a
     4  program manager or depository,  the  comptroller  may  take  custody  of
     5  accounts  held  by  such organization and shall take reasonable steps to
     6  transfer such accounts to another  approved  financial  organization  or
     7  investment  option  with  substantially  similar characteristics, to the
     8  extent practicable.
     9    9. The comptroller may enter such contracts as they deem necessary and
    10  proper to implement and  administer  the  program,  provided  that  such
    11  actions are consistent with the provisions of this article.
    12    §  513.  Program  requirements;  NY  SEED account. 1. NY SEED accounts
    13  established pursuant to the provisions of this article shall be governed
    14  by the provisions of this section.
    15    2. A NY SEED account may be opened by an account owner  for  a  desig-
    16  nated  beneficiary through an election made on the state resident income
    17  tax return.
    18    (a) The department of taxation and finance, in coordination  with  the
    19  comptroller, shall provide a simplified opt-in mechanism on the New York
    20  state resident income tax return for a resident taxpayer to establish an
    21  account for a designated beneficiary.
    22    (b)  The  department  of  taxation  and  finance  shall include in the
    23  instructions for the  New  York  state  resident  income  tax  return  a
    24  concise, plain-language description of the program, including an opt-out
    25  mechanism  for receiving the state-funded seed deposit. Such description
    26  shall include the program's purposes, the criteria for state-funded seed
    27  deposits, residency requirements, and the potential tax consequences  of
    28  participation.
    29    (c) An election made pursuant to this subdivision shall constitute the
    30  application  for  the  account.  The  department of taxation and finance
    31  shall share with the comptroller only such information as  is  necessary
    32  to verify identity, residency, and eligibility for the state-funded seed
    33  deposit.
    34    (d) The comptroller shall prescribe an alternative application process
    35  for  individuals  who are not required to file a New York state resident
    36  income tax return.
    37    3. Only those accounts established for  an  eligible  child  shall  be
    38  entitled to receive the state-funded seed deposit. Such deposit shall be
    39  made by the comptroller upon verification of the beneficiary's eligibil-
    40  ity, and upon the approval of the director of budget.
    41    4.  Any  contributor may make contributions to a NY SEED account after
    42  such account has been established.
    43    (a) The total contributions made to an account in any  single  taxable
    44  year  shall  not  exceed  the  contribution limit. The comptroller shall
    45  establish safeguards to prevent contributions in excess of such limit.
    46    (b) Only contributions made by an account owner shall be eligible  for
    47  a  state  income  tax  deduction provided under paragraph forty-eight of
    48  subsection (c) of section six hundred twelve of the tax law.    Contrib-
    49  utions  made by third parties who are not account owners shall not enti-
    50  tle such third parties to a tax deduction unless otherwise  provided  by
    51  law.
    52    (c)  All  contributions,  including  the state-funded seed deposit and
    53  private contributions, shall be held in a single account  but  shall  be
    54  accounted  for separately by the comptroller to ensure accurate tracking
    55  of state versus private funds.

        A. 11594                            8
 
     1    5. (a) Upon a designated beneficiary reaching  the  age  of  eighteen,
     2  such  beneficiary  shall  automatically  assume all rights, responsibil-
     3  ities, and control over the account, provided that such beneficiary is a
     4  resident of the state and has completed the financial  literacy  certif-
     5  ication program, pursuant to paragraph (l) of subdivision two of section
     6  five hundred eleven of this article, or has satisfied the general school
     7  requirements related to financial literacy as set forth in section 100.2
     8  of the regulations of the commissioner of education.
     9    (b)  No withdrawal of funds from a NY SEED account shall be authorized
    10  for a designated beneficiary who has attained the age of eighteen  years
    11  unless  such  beneficiary  has completed the financial literacy require-
    12  ments.
    13    (i) In the event that a withdrawal  is  made  without  completing  the
    14  financial  literacy requirements, the comptroller shall impose an admin-
    15  istrative penalty equal to ten percent of the total amount of such with-
    16  drawal. Such  penalty  shall  be  withheld  from  the  distribution  and
    17  returned  to  the  NY  SEED fund established pursuant to section ninety-
    18  nine-uu of the state finance law.
    19    (ii) Any withdrawal made in violation of this section shall be  deemed
    20  a non-qualified withdrawal.
    21    6.  An  account  owner may withdraw all or part of the balance from an
    22  account.
    23    (a) The comptroller shall establish rules to  determine  whether  such
    24  withdrawal is a nonqualified withdrawal.
    25    (b) Any instance where the designated beneficiary ceases to be a resi-
    26  dent  of the state prior to reaching the age of eighteen shall result in
    27  the recapture of the seed money and any accrued earnings thereon by  the
    28  state,  except  in  the  case  of  the designated beneficiary's death or
    29  permanent disability.
    30    7. No account owner or designated beneficiary shall  be  permitted  to
    31  direct the investment of any contributions to an account or the earnings
    32  thereon more than two times in any calendar year.
    33    8.  Neither  an  account owner nor a designated beneficiary may use an
    34  interest in an account as security for a loan. Any pledge of an interest
    35  in an account shall be of no force and effect.
    36    9. (a) If there is any distribution from an account to any  individual
    37  or  for  the  benefit  of  any  individual  during a calendar year, such
    38  distribution shall be reported to the internal revenue service  and  the
    39  account  owner,  the  designated  beneficiary, or the distributee to the
    40  extent required by federal law or regulation.
    41    (b) Statements shall be provided to each account owner at  least  once
    42  each  year within sixty days after the end of the twelve-month period to
    43  which they relate. The statement shall identify the  contributions  made
    44  during  a preceding twelve-month period, the total contributions made to
    45  the account through the end of the period, the value of the  account  at
    46  the  end  of  such period, distributions made during such period and any
    47  other information that the comptroller shall require to be  reported  to
    48  the account owner.
    49    (c)  Statements and information relating to accounts shall be prepared
    50  and filed to the extent required by the internal revenue  code  and  the
    51  state tax law.
    52    10. (a) Notwithstanding the definition of account owner in subdivision
    53  two  of  section five hundred ten of this article, a local government or
    54  an organization described in 501 (c) (3) of the  internal  revenue  code
    55  may  open  and  become the account owner of one or more accounts to fund

        A. 11594                            9
 
     1  scholarships for one or more designated beneficiaries  whose  identities
     2  may be determined upon disbursement.
     3    (b)  For  accounts  opened  under this subdivision, the requirement to
     4  designate a beneficiary at the time of  opening  shall  be  waived.  The
     5  institution may hold funds in a single account for the benefit of multi-
     6  ple  individuals, provided that the comptroller's accounting rules allow
     7  for the eventual allocation of such funds to specific designated benefi-
     8  ciaries.
     9    (c) Each individual who receives an interest in an account pursuant to
    10  this subdivision as a scholarship shall be treated as a designated bene-
    11  ficiary with respect to such interest upon disbursement.
    12    11. A nominal annual fee may be imposed upon the account owner for the
    13  maintenance of an account.
    14    (a) The amount of such fee shall be determined by the comptroller  and
    15  shall  not  exceed  the  actual administrative costs associated with the
    16  oversight and management of the program.
    17    (b) The comptroller shall have the authority to waive or  reduce  such
    18  fee for accounts with balances below a specified threshold or based upon
    19  the financial hardship of the account owner.
    20    12.  The  comptroller  shall provide each account owner with a written
    21  disclosure statement within thirty days of account  establishment.  Such
    22  statement  shall clearly define the terms and conditions of the account,
    23  including but  not  limited  to  withdrawal  restrictions,  contribution
    24  limits, potential tax consequences, and any applicable fees.
    25    13.  NY  SEED  accounts  shall be subject to section fourteen-c of the
    26  banking law and the "truth-in-savings"  regulations  promulgated  there-
    27  under.
    28    14.  Nothing  in this article or in any election made pursuant to this
    29  article shall be construed as a guarantee  by  New  York  state  of  the
    30  return of principal, rate of interest, or any specific investment return
    31  on an account.
    32    §  514. Program limitations; NY SEED account. 1. Nothing in this arti-
    33  cle shall be construed to:
    34    (a) give any designated beneficiary any rights or legal interest  with
    35  respect  to  an account unless and until such beneficiary assumes owner-
    36  ship of the account pursuant to subdivision five of section five hundred
    37  thirteen of this article;
    38    (b) create state residency for an individual merely because such indi-
    39  vidual is a designated beneficiary;
    40    (c) guarantee that amounts saved or invested pursuant to  the  program
    41  will  be  sufficient to meet any specific financial need or life expense
    42  of a designated beneficiary; or
    43    (d) imply state endorsement or oversight of any purchase,  investment,
    44  or  expenditure  made  by an account owner using funds withdrawn from an
    45  account.
    46    2. (a) Nothing in this article shall create or be construed to  create
    47  any  obligation  of the comptroller, the state, or any agency or instru-
    48  mentality of the state to guarantee for the benefit of any account owner
    49  or designated beneficiary with respect to:
    50    (i) the rate of interest or other return on any account;
    51    (ii) the payment of interest or other return on any account; and
    52    (iii) the preservation of the principal deposited in any account.
    53    (b) The comptroller shall  ensure  that  every  disclosure  statement,
    54  application,  or similar document in connection with the program clearly
    55  indicates that the account is not insured by the state and that  neither
    56  the principal nor the investment return is guaranteed by the state.

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     1    §  515. Reporting requirements. The comptroller shall, in coordination
     2  with the commissioner of taxation and finance, submit an  annual  report
     3  to  the  governor,  the  temporary president of the senate, the minority
     4  leader of the senate, the speaker of  the  assembly,  and  the  minority
     5  leader  of  the assembly on or before September first of each year. Such
     6  report shall include, but not be limited to:
     7    1. The total number of NY SEED accounts  established,  categorized  by
     8  county  of  residence  and income bracket of account owners, and, to the
     9  extent practicable, demographic data of beneficiaries;
    10    2. The total amount of seed money deposited by the state and the total
    11  volume of private contributions made to such accounts;
    12    3. The aggregate rate of return for  each  investment  option  offered
    13  under the program;
    14    4.  An  estimate  of the total state tax deductions claimed by account
    15  owners, as provided by the commissioner;
    16    5. A summary of program utilization in high-outmigration  regions  and
    17  an  assessment of the program's impact on family retention and long-term
    18  financial planning relative to statewide trends;
    19    6. A breakdown of administrative  fees  charged  and  the  operational
    20  costs of the pilot program;
    21    7.  In  the  third year of the program, a comprehensive evaluation and
    22  formal recommendation as to whether the state-funded seed money contrib-
    23  ution should  be  continued,  modified,  or  terminated,  based  on  the
    24  program's  demonstrated impact on human capital and state fiscal health;
    25  and
    26    8. Any other information or data the comptroller deems necessary.
    27    § 4. Subsection (c) of section 612 of the tax law is amended by adding
    28  a new paragraph 48 to read as follows:
    29    (48) Contributions made during the taxable year by an account owner to
    30  one or more NY SEED accounts established under the New York state secur-
    31  ing early equity and development  program  provided  for  under  article
    32  twenty-nine  of  the economic development law, to the extent not deduct-
    33  ible or eligible for credit for federal income tax  purposes;  provided,
    34  however,  the  deduction provided for in this paragraph shall not exceed
    35  an aggregate of five thousand dollars for an individual filing as single
    36  or head of household, and an  aggregate  of  ten  thousand  dollars  for
    37  taxpayers  who  are  married filing jointly; provided, further that such
    38  deduction shall be available only to the account owner and  not  to  any
    39  other person.
    40    § 5. The state finance law is amended by adding a new section 99-uu to
    41  read as follows:
    42    §  99-uu.  New York SEED account fund. 1.  There is hereby established
    43  in the joint custody of the comptroller and the commissioner of taxation
    44  and finance, a special fund to be known as the "New  York  SEED  account
    45  fund".
    46    2.  Such fund shall consist of all moneys appropriated for the purpose
    47  of the fund, all moneys required by this section or any other law to  be
    48  paid  into  or  credited  to  the fund, and all other moneys that may be
    49  received by the fund from any other source.
    50    3. The comptroller shall establish two  distinct  sub-accounts  within
    51  the fund:
    52    (a)  the  seed  deposit  sub-account.  Such sub-account shall hold all
    53  state-funded seed deposits and any interest or earnings accrued thereon;
    54  and

        A. 11594                           11
 
     1    (b) the private contribution sub-account. Such sub-account shall  hold
     2  all private contributions made by account owners or contributors and any
     3  interest or earnings accrued thereon.
     4    § 6. This act shall take effect on the one hundred eightieth day after
     5  it  shall  have become a law and shall apply to taxable years commencing
     6  on or after January 1, 2026. Effective immediately, the addition, amend-
     7  ment and/or repeal of any rule or regulation necessary for the implemen-
     8  tation of this act on its effective date are authorized to be  made  and
     9  completed on or before such effective date.
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