Bill Text: NY A05135 | 2011-2012 | General Assembly | Introduced


Bill Title: Establishes tuition awards for members of the reserved armed forces of the United States; 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: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced - Dead) 2012-05-15 - held for consideration in higher education [A05135 Detail]

Download: New_York-2011-A05135-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5135
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 14, 2011
                                      ___________
       Introduced  by M. of A. CERETTO -- read once and referred to the Commit-
         tee 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-e
    2  to read as follows:
    3    S 669-E. 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
   22  AVAILABLE EDUCATIONAL GRANT AID, INCLUDING THE ARMY CONTINUING EDUCATION
   23  SYSTEM  (ACES)  (AR-621-5 17 NOVEMBER 1993) AND ANY SUCCESSOR ARMY REGU-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01662-01-1
       A. 5135                             2
    1  LATIONS, THAT COULD DEFRAY SUCH COST;  HOWEVER,  SPECIFICALLY  EXCLUDING
    2  THE FEDERAL MONTGOMERY GI BILL ACT.
    3    E.  "PART-TIME STUDY" SHALL MEAN ENROLLMENT IN AN APPROVED POST-SECON-
    4  DARY DEGREE PROGRAM FOR AT LEAST  SIX  BUT  LESS  THAN  TWELVE  SEMESTER
    5  HOURS,  OR  THE  EQUIVALENT PER SEMESTER, OR AT LEAST FOUR BUT LESS THAN
    6  EIGHT SEMESTER HOURS PER QUARTER IN AN INSTITUTION.
    7    F. "INSTITUTION" SHALL MEAN ANY INSTITUTION OF HIGHER EDUCATION RECOG-
    8  NIZED AND APPROVED BY THE REGENTS OR THE UNIVERSITY OF THE STATE OF  NEW
    9  YORK  WHICH  PROVIDES  A  COURSE  OF  STUDY LEADING TO THE GRANTING OF A
   10  POST-SECONDARY DEGREE OR DIPLOMA.
   11    G. "LEGAL RESIDENT" SHALL MEAN A PERSON WHOSE  PRINCIPAL  DOMICILE  IS
   12  LOCATED  WITHIN  NEW YORK STATE IN EXCESS OF ONE HUNDRED EIGHTY-SIX DAYS
   13  PER YEAR AND HAS BEEN SO DOMICILED FOR NOT LESS THAN THE THREE  PREVIOUS
   14  YEARS;  EXCEPTING ACTIVE FEDERAL MILITARY DUTY WHO WAS A RESIDENT OF THE
   15  STATE AT THE TIME OF ENTRY INTO THE ARMED FORCES OF  THE  UNITED  STATES
   16  AND  IS  AN  ACTIVE  MEMBER  OF  THE  RESERVE ARMED FORCES OF THE UNITED
   17  STATES.
   18    3. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER  GENERAL,  SPECIAL,  OR
   19  LOCAL  LAW,  RULE, OR REGULATION, ANY ACTIVE MEMBER WHO HAS SUCCESSFULLY
   20  COMPLETED  ADVANCED  INDIVIDUAL  TRAINING  OR  COMMISSIONING  AND  OTHER
   21  REQUIREMENTS  OF  THE DIVISION OF MILITARY AND NAVAL AFFAIRS FOR TUITION
   22  BENEFIT ELIGIBILITY SHALL BE ENTITLED TO THE TUITION BENEFIT PROVIDED BY
   23  THIS SECTION UPON HIS OR HER ENROLLMENT IN A DEGREE PRODUCING CURRICULUM
   24  IN ANY INSTITUTION.
   25    4. UNLESS OTHERWISE PROVIDED FOR IN THIS SECTION, ELIGIBILITY FOR  THE
   26  TUITION  BENEFIT  PROVIDED  BY  THIS  SECTION SHALL BE DETERMINED BY THE
   27  EDUCATION SERVICES  OFFICES  OF  THE  DIVISION  OF  MILITARY  AND  NAVAL
   28  AFFAIRS,  WHICH  SHALL  ISSUE CERTIFICATES OF ELIGIBILITY AND PROMULGATE
   29  SUCH ADMINISTRATIVE RULES AND PROCEDURES AS ARE NECESSARY  TO  IMPLEMENT
   30  THE  TUITION  BENEFIT  PROVIDED UNDER THIS SECTION.  SUCH ADMINISTRATIVE
   31  RULES AND PROCEDURES SHALL INCLUDE IN THE FACTORS FOR THE  DETERMINATION
   32  OF  ELIGIBILITY  FOR  THE  TUITION  BENEFIT PROVIDED BY THIS SECTION THE
   33  FULFILLMENT OF THE OBLIGATION AND COMMITMENTS FOR SERVICE IN THE RESERVE
   34  ARMED FORCES OF THE UNITED STATES.
   35    5. ANY ACTIVE MEMBER WHO CURRENTLY POSSESSES A BACCALAUREATE DEGREE OR
   36  HIGHER IS INELIGIBLE FOR  PARTICIPATION  IN  THE  RECRUITMENT  INCENTIVE
   37  PROGRAM PROVIDED BY THIS SECTION.
   38    6. THE TUITION BENEFIT PROVIDED BY THIS SECTION SHALL BE RESTRICTED TO
   39  LEGAL  RESIDENTS  OF  THE  STATE.  THE  BENEFIT  MAY  BE USED FOR EITHER
   40  PART-TIME OR FULL-TIME STUDY. NO RESTRICTION  AS  TO  SESSIONS,  STUDENT
   41  STATUS, OR SPACE AVAILABILITY WHICH DOES NOT APPLY TO ALL STUDENTS SHALL
   42  BE PLACED BY INSTITUTIONS UPON RECIPIENTS UNDER THIS PROGRAM.
   43    7. UPON THE RECIPIENT'S ATTAINMENT OF A BACCALAUREATE DEGREE OR CESSA-
   44  TION  OF STATUS AS AN ACTIVE MEMBER, WHICHEVER OCCURS FIRST, THE BENEFIT
   45  PROVIDED BY THIS SECTION SHALL  BE  DISCONTINUED.  THE  TUITION  BENEFIT
   46  PROVIDED  BY THIS SECTION MAY BE SUSPENDED AT THE DIRECTION OF THE DIVI-
   47  SION OF MILITARY AND NAVAL AFFAIRS FOR A RECIPIENT'S FAILURE TO MAINTAIN
   48  GOOD MILITARY STANDING AS AN ACTIVE MEMBER, FOR THE FAILURE TO  MAINTAIN
   49  GOOD  ACADEMIC PROGRESS AND PROGRAM PURSUIT, OR FOR THE FAILURE TO MAIN-
   50  TAIN SUFFICIENT ACADEMIC STANDING TO RETAIN ELIGIBILITY  FOR  ANY  OTHER
   51  FINANCIAL ASSISTANCE THE RECIPIENT MAY BE RECEIVING.
   52    8.  UNLESS OTHERWISE PROVIDED FOR IN THIS SECTION, THE TUITION BENEFIT
   53  SHALL BE ON THE TERMS AND CONDITIONS SET BY THE DIVISION OF MILITARY AND
   54  NAVAL AFFAIRS, PROVIDED THAT ANY SUCH BENEFIT SHALL NOT EXCEED AN AMOUNT
   55  EQUAL TO THE ACTUAL ANNUAL TUITION  CHARGED  TO  THE  RECIPIENT  OR  THE
   56  TUITION  CHARGED BY THE STATE UNIVERSITY OF NEW YORK, WHICHEVER IS LESS,
       A. 5135                             3
    1  OFFSET BY ANY FINANCIAL ASSISTANCE AND  ANY  OTHER  RESOURCES  AVAILABLE
    2  THROUGH THE NATIONAL GUARD OR THE DIVISION OF MILITARY AND NAVAL AFFAIRS
    3  ON  BEHALF  OF  THE  RECIPIENT,  INCLUDING THE ARMY CONTINUING EDUCATION
    4  SYSTEM  (ACES)  (AR-621-5 17 NOVEMBER 1993) AND ANY SUCCESSOR ARMY REGU-
    5  LATIONS, AND THE TOTAL OF ALL OTHER STATE, FEDERAL, OR OTHER EDUCATIONAL
    6  GRANT AID THAT IS RECEIVED OR RECEIVABLE  BY  SUCH  STUDENT  DURING  THE
    7  SCHOOL  YEAR  FOR WHICH SUCH BENEFIT IS APPLICABLE.  FOR THE PURPOSES OF
    8  THIS SUBDIVISION, BENEFITS AVAILABLE UNDER  THE  FEDERAL  MONTGOMERY  GI
    9  BILL ACT OF 1984 SHALL NOT BE CONSIDERED AS FEDERAL OR OTHER EDUCATIONAL
   10  AID.
   11    9.  ANY ACTIVE MEMBER WHO IS ELIGIBLE FOR THE TUITION BENEFIT PROVIDED
   12  BY THIS SECTION MUST APPLY  FOR  ALL  OTHER  AVAILABLE  STATE,  FEDERAL,
   13  INCLUDING  THE  ARMY  CONTINUING  EDUCATION  SYSTEM  (ACES) (AR-621-5 17
   14  NOVEMBER 1993) AND ANY SUCCESSOR ARMY REGULATIONS, OR OTHER  EDUCATIONAL
   15  GRANT  AID  AT  TIME OF ENROLLMENT.   THE DIVISION OF MILITARY AND NAVAL
   16  AFFAIRS SHALL ACCESS ALL FINANCIAL ASSISTANCE AVAILABLE ON BEHALF OF ALL
   17  SUCH ACTIVE MEMBERS. ANY GRANT AID  OR  FINANCIAL  ASSISTANCE  RECEIVED,
   18  EXCLUDING  THAT OF THE MONTGOMERY GI BILL ACT OF 1984, SHALL BE UTILIZED
   19  TO OFFSET THE COST OF TUITION TO THE  MAXIMUM  EXTENT  POSSIBLE,  EXCEPT
   20  THAT  NOTHING SHALL REQUIRE THAT AID OR ASSISTANCE RECEIVED WHICH MAY BE
   21  USED TOWARDS COSTS OTHER THAN THAT OF TUITION SHALL  BE  APPLIED  TOWARD
   22  THE COST OF TUITION.
   23    10.  THE  TUITION  BENEFIT PROVIDED BY THIS SECTION SHALL BE EFFECTIVE
   24  BEGINNING WITH THE SCHOOL SEMESTER OR QUARTER  FOLLOWING  THE  EFFECTIVE
   25  DATE OF THIS SECTION.
   26    S  2.  Section  604  of  the  education law is amended by adding a new
   27  subdivision 13 to read as follows:
   28    13. TUITION AWARDS FOR ACTIVE MEMBERS OF THE RESERVE ARMED  FORCES  OF
   29  THE UNITED STATES ENROLLED IN APPROVED POST-SECONDARY DEGREE PROGRAMS IN
   30  DEGREE-GRANTING INSTITUTIONS.
   31    S  3. The state finance law is amended by adding a new section 91-h to
   32  read as follows:
   33    S 91-H. TUITION AWARD ACCOUNT. 1. THERE IS HEREBY ESTABLISHED  IN  THE
   34  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
   35  AND FINANCE AN ACCOUNT IN THE MISCELLANEOUS SPECIAL REVENUE FUND  TO  BE
   36  KNOWN AS THE TUITION AWARD ACCOUNT.
   37    2.  SUCH  ACCOUNT SHALL CONSIST OF ALL REVENUES RECEIVED FROM CONTRIB-
   38  UTIONS, DONATIONS AND ALL OTHER MONEYS CREDITED OR  TRANSFERRED  THERETO
   39  FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   40    3.  MONEYS  OF THE ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE
   41  MAY BE EXPENDED FOR THE TUITION AWARD PROGRAM FOR MEMBERS OF THE RESERVE
   42  ARMED FORCES OF THE UNITED STATES.   MONEYS SHALL BE  PAID  OUT  OF  THE
   43  ACCOUNT  ON  THE  AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS
   44  CERTIFIED OR APPROVED BY THE ADJUTANT GENERAL OF NEW YORK STATE.
   45    S 4. The division of military and naval affairs shall  report  on  the
   46  operation  and  subsequent  effectiveness of the program created by this
   47  act, one year after it shall have become a law and annually  thereafter,
   48  to  the  governor,  temporary president of the senate and the speaker of
   49  the assembly. Upon the expiration and repeal of the provisions  of  this
   50  act,  such  division  shall  continue to make such report in any year in
   51  which any person receives benefits under the provisions of this act.
   52    S 5. This act shall take effect on the first of January next  succeed-
   53  ing the date on which it shall have become a law and shall expire and be
   54  deemed repealed five years after such date; provided that any person who
   55  has  begun  to  receive the benefits of this act prior to its expiration
   56  and repeal shall be entitled to continue to receive the benefits of this
       A. 5135                             4
    1  act after its expiration and repeal until completion of a  baccalaureate
    2  degree  or  cessation  of  status  as an active member, whichever occurs
    3  first.
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