Bill Text: NY A05607 | 2017-2018 | General Assembly | Amended
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: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2018-01-03 - referred to higher education [A05607 Detail]
Download: New_York-2017-A05607-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5607--A 2017-2018 Regular Sessions IN ASSEMBLY February 10, 2017 ___________ Introduced by M. of A. MORINELLO, LUPINACCI, GIGLIO -- Multi-Sponsored by -- M. of A. CROUCH, M. L. MILLER, OAKS -- read once and referred to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04516-03-7A. 5607--A 2 1 d. "Tuition benefit" shall mean the payment of whatever cost is 2 attributable to the cost of tuition after the deduction of any other 3 available educational grant aid, including the Army Continuing Education 4 System (ACES) (AR-621-5 17 November 1993) and any successor Army regu- 5 lations, that could defray such cost; however, specifically excluding 6 the federal Montgomery GI Bill Act. 7 e. "Part-time study" shall mean enrollment in an approved post-secon- 8 dary degree program for at least six but less than twelve semester 9 hours, or the equivalent per semester, or at least four but less than 10 eight semester hours per quarter in an institution. 11 f. "Institution" shall mean any institution of higher education recog- 12 nized and approved by the regents or the university of the state of New 13 York which provides a course of study leading to the granting of a post- 14 secondary degree or diploma. 15 g. "Legal resident" shall mean a person whose principal domicile is 16 located within New York state in excess of one hundred eighty-six days 17 per year and has been so domiciled for not less than the three previous 18 years; excepting active federal military duty who was a resident of the 19 state at the time of entry into the armed forces of the United States 20 and is an active member of the reserve armed forces of the United 21 States. 22 3. Notwithstanding the provisions of any other general, special, or 23 local law, rule, or regulation, any active member who has successfully 24 completed advanced individual training or commissioning and other 25 requirements of the division of military and naval affairs for tuition 26 benefit eligibility shall be entitled to the tuition benefit provided by 27 this section upon his or her enrollment in a degree producing curriculum 28 in any institution. 29 4. Unless otherwise provided for in this section, eligibility for the 30 tuition benefit provided by this section shall be determined by the 31 education services offices of the division of military and naval 32 affairs, which shall issue certificates of eligibility and promulgate 33 such administrative rules and procedures as are necessary to implement 34 the tuition benefit provided under this section. Such administrative 35 rules and procedures shall include in the factors for the determination 36 of eligibility for the tuition benefit provided by this section the 37 fulfillment of the obligation and commitments for service in the reserve 38 armed forces of the United States. 39 5. Any active member who currently possesses a baccalaureate degree or 40 higher is ineligible for participation in the recruitment incentive 41 program provided by this section. 42 6. The tuition benefit provided by this section shall be restricted to 43 legal residents of the state. The benefit may be used for either part- 44 time or full-time study. No restriction as to sessions, student status, 45 or space availability which does not apply to all students shall be 46 placed by institutions upon recipients under this program. 47 7. Upon the recipient's attainment of a baccalaureate degree or cessa- 48 tion of status as an active member, whichever occurs first, the benefit 49 provided by this section shall be discontinued. The tuition benefit 50 provided by this section may be suspended at the direction of the divi- 51 sion of military and naval affairs for a recipient's failure to maintain 52 good military standing as an active member, for the failure to maintain 53 good academic progress and program pursuit, or for the failure to main- 54 tain sufficient academic standing to retain eligibility for any other 55 financial assistance the recipient may be receiving.A. 5607--A 3 1 8. Unless otherwise provided for in this section, the tuition benefit 2 shall be on the terms and conditions set by the division of military and 3 naval affairs, provided that any such benefit shall not exceed an amount 4 equal to the actual annual tuition charged to the recipient or the 5 tuition charged by the state university of New York, whichever is less, 6 offset by any financial assistance and any other resources available 7 through the national guard or the division of military and naval affairs 8 on behalf of the recipient, including the Army Continuing Education 9 System (ACES) (AR-621-5 17 November 1993) and any successor Army regu- 10 lations, and the total of all other state, federal, or other educational 11 grant aid that is received or receivable by such student during the 12 school year for which such benefit is applicable. For the purposes of 13 this subdivision, benefits available under the federal Montgomery GI 14 Bill act of 1984 shall not be considered as federal or other educational 15 aid. 16 9. Any active member who is eligible for the tuition benefit provided 17 by this section must apply for all other available state, federal, 18 including the Army Continuing Education System (ACES) (AR-621-5 17 19 November 1993) and any successor Army regulations, or other educational 20 grant aid at time of enrollment. The division of military and naval 21 affairs shall access all financial assistance available on behalf of all 22 such active members. Any grant aid or financial assistance received, 23 excluding that of the Montgomery GI Bill Act of 1984, shall be utilized 24 to offset the cost of tuition to the maximum extent possible, except 25 that nothing shall require that aid or assistance received which may be 26 used towards costs other than that of tuition shall be applied toward 27 the cost of tuition. 28 10. The tuition benefit provided by this section shall be effective 29 beginning with the school semester or quarter following the effective 30 date of this section. 31 § 2. Section 604 of the education law is amended by adding a new 32 subdivision 13 to read as follows: 33 13. Tuition awards for active members of the reserve armed forces of 34 the United States enrolled in approved post-secondary degree programs in 35 degree-granting institutions. 36 § 3. The state finance law is amended by adding a new section 91-g to 37 read as follows: 38 § 91-g. Tuition award account. 1. There is hereby established in the 39 joint custody of the state comptroller and the commissioner of taxation 40 and finance an account in the miscellaneous special revenue fund to be 41 known as the tuition award account. 42 2. Such account shall consist of all revenues received from contrib- 43 utions, donations and all other moneys credited or transferred thereto 44 from any other fund or source pursuant to law. 45 3. Moneys of the account, following appropriation by the legislature 46 may be expended for the tuition award program for members of the reserve 47 armed forces of the United States. Moneys shall be paid out of the 48 account on the audit and warrant of the state comptroller on vouchers 49 certified or approved by the adjutant general of New York state. 50 § 4. The division of military and naval affairs shall report on the 51 operation and subsequent effectiveness of the program created by this 52 act, one year after it shall have become a law and annually thereafter, 53 to the governor, temporary president of the senate and the speaker of 54 the assembly. Upon the expiration and repeal of the provisions of this 55 act, such division shall continue to make such report in any year in 56 which any person receives benefits under the provisions of this act.A. 5607--A 4 1 § 5. This act shall take effect on the first of January next succeed- 2 ing the date on which it shall have become a law and shall expire and be 3 deemed repealed five years after such date; provided that any person who 4 has begun to receive the benefits of this act prior to its expiration 5 and repeal shall be entitled to continue to receive the benefits of this 6 act after its expiration and repeal until completion of a baccalaureate 7 degree or cessation of status as an active member, whichever occurs 8 first.
