Bill Text: NY A02334 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes tuition awards for members of the reserved armed forces of the United States; provides eligibility for such tuition benefit shall be determined by the education services offices of the division of military and naval affairs; restricts such tuition benefit to legal residents of the state; establishes a tuition award account.

Spectrum: Strong Partisan Bill (Republican 14-1)

Status: (Introduced) 2024-01-03 - referred to higher education [A02334 Detail]

Download: New_York-2023-A02334-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2334

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by  M. of A. MORINELLO, DeSTEFANO, BRABENEC, NORRIS, MILLER,
          WALSH, HAWLEY, J. M. GIGLIO, LEMONDES, TAGUE -- Multi-Sponsored by  --
          M. of A.  DiPIETRO, MANKTELOW, SAYEGH -- read once and referred to the
          Committee on Higher Education

        AN ACT to amend the education law and the state finance law, in relation
          to  tuition  awards  for active members of the reserve armed forces of
          the United States; and providing for the  repeal  of  such  provisions
          upon expiration thereof

          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  669-i
     2  to read as follows:
     3    § 669-i. Tuition awards for members of the reserve armed forces of the
     4  United States.  1. The division of military and naval affairs is author-
     5  ized,  within  amounts appropriated or otherwise lawfully available from
     6  any other source, to establish a tuition award program.
     7    2. As used in this section, the term:
     8    a. "Active member" shall mean a member of  a  branch  of  the  reserve
     9  armed forces of the United States who meets the minimum requirements for
    10  satisfactory  active  membership  as set forth in the regulations of the
    11  United States departments of the army, coast guard, navy and air  force,
    12  as applicable.
    13    b.  "Degree  producing  curriculum"  shall  mean  a  series of courses
    14  programmed to culminate in a specific post-secondary degree  or  diploma
    15  when successfully completed.
    16    c. "Tuition" shall mean the total semester, quarter, or classroom hour
    17  cost  of  instruction  to  the  student as periodically published in the
    18  catalogue of the institution,  specifically  excluding  mandatory  fees,
    19  book charges, and room and board.
    20    d.  "Tuition  benefit"  shall  mean  the  payment  of whatever cost is
    21  attributable to the cost of tuition after the  deduction  of  any  other

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01833-01-3

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     1  available educational grant aid, including the Army Continuing Education
     2  System  (ACES)  (AR-621-5 17 November 1993) and any successor Army regu-
     3  lations, that could defray such cost;  however,  specifically  excluding
     4  the federal Montgomery GI Bill Act.
     5    e.  "Part-time study" shall mean enrollment in an approved post-secon-
     6  dary degree program for at least  six  but  less  than  twelve  semester
     7  hours,  or  the  equivalent per semester, or at least four but less than
     8  eight semester hours per quarter in an institution.
     9    f. "Institution" shall mean any institution of higher education recog-
    10  nized and approved by the regents or the university of the state of  New
    11  York which provides a course of study leading to the granting of a post-
    12  secondary degree or diploma.
    13    g.  "Legal  resident"  shall mean a person whose principal domicile is
    14  located within New York state in excess of one hundred  eighty-six  days
    15  per  year and has been so domiciled for not less than the three previous
    16  years; excepting active federal military duty who was a resident of  the
    17  state  at  the  time of entry into the armed forces of the United States
    18  and is an active member of  the  reserve  armed  forces  of  the  United
    19  States.
    20    3.  Notwithstanding  the  provisions of any other general, special, or
    21  local law, rule, or regulation, any active member who  has  successfully
    22  completed  advanced  individual  training  or  commissioning  and  other
    23  requirements of the division of military and naval affairs  for  tuition
    24  benefit eligibility shall be entitled to the tuition benefit provided by
    25  this section upon his or her enrollment in a degree producing curriculum
    26  in any institution.
    27    4.  Unless otherwise provided for in this section, eligibility for the
    28  tuition benefit provided by this section  shall  be  determined  by  the
    29  education  services  offices  of  the  division  of  military  and naval
    30  affairs, which shall issue certificates of  eligibility  and  promulgate
    31  such  administrative  rules and procedures as are necessary to implement
    32  the tuition benefit provided under this section.    Such  administrative
    33  rules  and procedures shall include in the factors for the determination
    34  of eligibility for the tuition benefit  provided  by  this  section  the
    35  fulfillment of the obligation and commitments for service in the reserve
    36  armed forces of the United States.
    37    5. Any active member who currently possesses a baccalaureate degree or
    38  higher  is  ineligible  for  participation  in the recruitment incentive
    39  program provided by this section.
    40    6. The tuition benefit provided by this section shall be restricted to
    41  legal residents of the state. The benefit may be used for  either  part-
    42  time  or full-time study. No restriction as to sessions, student status,
    43  or space availability which does not apply  to  all  students  shall  be
    44  placed by institutions upon recipients under this program.
    45    7. Upon the recipient's attainment of a baccalaureate degree or cessa-
    46  tion  of status as an active member, whichever occurs first, the benefit
    47  provided by this section shall  be  discontinued.  The  tuition  benefit
    48  provided  by this section may be suspended at the direction of the divi-
    49  sion of military and naval affairs for a recipient's failure to maintain
    50  good military standing as an active member, for the failure to  maintain
    51  good  academic progress and program pursuit, or for the failure to main-
    52  tain sufficient academic standing to retain eligibility  for  any  other
    53  financial assistance the recipient may be receiving.
    54    8.  Unless otherwise provided for in this section, the tuition benefit
    55  shall be on the terms and conditions set by the division of military and
    56  naval affairs, provided that any such benefit shall not exceed an amount

        A. 2334                             3

     1  equal to the actual annual tuition  charged  to  the  recipient  or  the
     2  tuition  charged by the state university of New York, whichever is less,
     3  offset by any financial assistance and  any  other  resources  available
     4  through the national guard or the division of military and naval affairs
     5  on  behalf  of  the  recipient,  including the Army Continuing Education
     6  System (ACES) (AR-621-5 17 November 1993) and any successor  Army  regu-
     7  lations, and the total of all other state, federal, or other educational
     8  grant  aid  that  is  received  or receivable by such student during the
     9  school year for which such benefit is applicable.  For the  purposes  of
    10  this  subdivision,  benefits  available  under the federal Montgomery GI
    11  Bill act of 1984 shall not be considered as federal or other educational
    12  aid.
    13    9. Any active member who is eligible for the tuition benefit  provided
    14  by  this  section  must  apply  for  all other available state, federal,
    15  including the Army  Continuing  Education  System  (ACES)  (AR-621-5  17
    16  November  1993) and any successor Army regulations, or other educational
    17  grant aid at time of enrollment.   The division of  military  and  naval
    18  affairs shall access all financial assistance available on behalf of all
    19  such  active  members.  Any  grant aid or financial assistance received,
    20  excluding that of the Montgomery GI Bill Act of 1984, shall be  utilized
    21  to  offset  the  cost  of tuition to the maximum extent possible, except
    22  that nothing shall require that aid or assistance received which may  be
    23  used  towards  costs  other than that of tuition shall be applied toward
    24  the cost of tuition.
    25    10. The tuition benefit provided by this section  shall  be  effective
    26  beginning  with  the  school semester or quarter following the effective
    27  date of this section.
    28    § 2. Section 604 of the education law  is  amended  by  adding  a  new
    29  subdivision 13 to read as follows:
    30    13.  Tuition  awards for active members of the reserve armed forces of
    31  the United States enrolled in approved post-secondary degree programs in
    32  degree-granting institutions.
    33    § 3. The state finance law is amended by adding a new section 91-h  to
    34  read as follows:
    35    §  91-h.  Tuition award account. 1. There is hereby established in the
    36  joint custody of the state comptroller and the commissioner of  taxation
    37  and  finance  an account in the miscellaneous special revenue fund to be
    38  known as the tuition award account.
    39    2. Such account shall consist of all revenues received  from  contrib-
    40  utions,  donations  and all other moneys credited or transferred thereto
    41  from any other fund or source pursuant to law.
    42    3. Moneys of the account, following appropriation by  the  legislature
    43  may be expended for the tuition award program for members of the reserve
    44  armed  forces  of  the  United States.   Moneys shall be paid out of the
    45  account on the audit and warrant of the state  comptroller  on  vouchers
    46  certified or approved by the adjutant general of New York state.
    47    §  4.  The  division of military and naval affairs shall report on the
    48  operation and subsequent effectiveness of the program  created  by  this
    49  act,  one year after it shall have become a law and annually thereafter,
    50  to the governor, temporary president of the senate and  the  speaker  of
    51  the  assembly.  Upon the expiration and repeal of the provisions of this
    52  act, such division shall continue to make such report  in  any  year  in
    53  which any person receives benefits under the provisions of this act.
    54    §  5. This act shall take effect on the first of January next succeed-
    55  ing the date on which it shall have become a law and shall expire and be
    56  deemed repealed five years after such date; provided that any person who

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     1  has begun to receive the benefits of this act prior  to  its  expiration
     2  and repeal shall be entitled to continue to receive the benefits of this
     3  act  after its expiration and repeal until completion of a baccalaureate
     4  degree  or  cessation  of  status  as an active member, whichever occurs
     5  first.
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