Bill Text: NY A03534 | 2009-2010 | General Assembly | Introduced

---

Bill Title: An act to amend the military law and the education law, in relation to providing a recruitment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2009-01-27 - referred to governmental operations [A03534 Detail]

Download: New_York-2009-A03534-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3534
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2009
                                      ___________
       Introduced  by  M.  of  A. BRADLEY, PHEFFER, COLTON, SCHROEDER, LUPARDO,
         CHRISTENSEN, DelMONTE, PAULIN, CAHILL, MAGNARELLI, COOK, STIRPE, HOOP-
         ER -- Multi-Sponsored by -- M. of A. GABRYSZAK, GUNTHER, HYER-SPENCER,
         LATIMER, MAISEL, REILLY, WEISENBERG -- read once and referred  to  the
         Committee on Governmental Operations
       AN  ACT  to amend the military law and the education law, in relation to
         providing a recruitment incentive and retention  program  for  certain
         active  members  of  the  New  York  army national guard, New York air
         national guard, and New York naval militia
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The military law is amended by adding a new article 14 to
    2  read as follows:
    3                                 ARTICLE XIV
    4                    MILITARY PERSONNEL TUITION ASSISTANCE
    5  SECTION 400. RECRUITMENT INCENTIVE AND RETENTION PROGRAM FOR MEMBERS  OF
    6                 THE NEW YORK STATE ORGANIZED MILITIA.
    7    S  400. RECRUITMENT INCENTIVE AND RETENTION PROGRAM FOR MEMBERS OF THE
    8  NEW YORK STATE ORGANIZED MILITIA. THE DIVISION  OF  MILITARY  AND  NAVAL
    9  AFFAIRS IS AUTHORIZED, WITHIN AMOUNTS APPROPRIATED OR OTHERWISE LAWFULLY
   10  AVAILABLE  FROM  ANY  OTHER SOURCE, TO ESTABLISH A RECRUITMENT INCENTIVE
   11  AND RETENTION PROGRAM. SUCH PROGRAM, AS ESTABLISHED PURSUANT TO  SECTION
   12  SIX  HUNDRED SIXTY-NINE-B OF THE EDUCATION LAW, SHALL BE FOR THE PURPOSE
   13  OF REWARDING MEMBERS OF THE NEW YORK  STATE  ORGANIZED  MILITIA  WITH  A
   14  PUBLIC  BENEFIT OF TUITION ASSISTANCE IN THE FURTHERANCE OF THEIR EDUCA-
   15  TION.
   16    S 2. Paragraphs b, e and f of subdivision 2 of section  669-b  of  the
   17  education  law, as added by chapter 268 of the laws of 1996, are amended
   18  to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03546-02-9
       A. 3534                             2
    1    b. The term "degree producing  curriculum"  shall  mean  a  series  of
    2  courses  programmed  to  culminate  in a specific post-secondary degree,
    3  GRADUATE DEGREE or diploma when successfully completed.
    4    e.  The  term  "part-time  study" shall mean enrollment in an approved
    5  post-secondary degree, OR GRADUATE DEGREE program for at least  six  but
    6  less  than  twelve semester hours, or the equivalent per semester, or at
    7  least four but less than eight semester hours per quarter in an institu-
    8  tion.
    9    f. The term "institution" shall mean any institution of higher  educa-
   10  tion  recognized  and  approved  by the regents or the university of the
   11  state of New York which provides a course of study leading to the grant-
   12  ing of a post-secondary degree, GRADUATE DEGREE or diploma.
   13    S 3. Subdivisions 5 and 7 of section 669-b of the  education  law,  as
   14  added  by  chapter  268  of  the  laws  of  1996, are amended to read as
   15  follows:
   16    5. Any active member who currently possesses a [baccalaureate] DOCTOR-
   17  ATE degree or higher is ineligible for participation in the  recruitment
   18  incentive program provided by this section.
   19    7.  Upon  the  recipient's  attainment of [a baccalaureate] THE EDUCA-
   20  TIONAL degree or cessation of status  as  an  active  member,  whichever
   21  occurs  first,  the benefit provided by this section shall be discontin-
   22  ued. The tuition benefit provided by this section may  be  suspended  at
   23  the direction of the division of military and naval affairs for a recip-
   24  ient's  failure  to maintain good military standing as an active member,
   25  for the failure to maintain good academic progress and program  pursuit,
   26  or  for  the  failure to maintain sufficient academic standing to retain
   27  eligibility for any other financial  assistance  the  recipient  may  be
   28  receiving.
   29    S  4.  This act shall take effect immediately, provided, however, that
   30  the amendments to subdivisions 2, 5 and 7 of section 669-b of the educa-
   31  tion law made by sections two and three of this act shall not affect the
   32  repeal of such section and shall be deemed repealed therewith.