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.
