Bill Text: NY S03232 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 3-0)

Status: (Introduced - Dead) 2016-01-15 - PRINT NUMBER 3232A [S03232 Detail]

Download: New_York-2015-S03232-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3232
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 3, 2015
                                      ___________
       Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Veterans, Homeland Securi-
         ty and Military Affairs
       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-f
    2  to read as follows:
    3    S 669-F. 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01632-01-5
       S. 3232                             2
    1  SYSTEM  (ACES)  (AR-621-5 17 NOVEMBER 1993) AND ANY SUCCESSOR ARMY REGU-
    2  LATIONS, THAT COULD DEFRAY SUCH COST;  HOWEVER,  SPECIFICALLY  EXCLUDING
    3  THE FEDERAL MONTGOMERY GI BILL ACT.
    4    E.  "PART-TIME STUDY" SHALL MEAN ENROLLMENT IN AN APPROVED POST-SECON-
    5  DARY DEGREE PROGRAM FOR AT LEAST  SIX  BUT  LESS  THAN  TWELVE  SEMESTER
    6  HOURS,  OR  THE  EQUIVALENT PER SEMESTER, OR AT LEAST FOUR BUT LESS THAN
    7  EIGHT SEMESTER HOURS PER QUARTER IN AN INSTITUTION.
    8    F. "INSTITUTION" SHALL MEAN ANY INSTITUTION OF HIGHER EDUCATION RECOG-
    9  NIZED AND APPROVED BY THE REGENTS OR THE UNIVERSITY OF THE STATE OF  NEW
   10  YORK  WHICH  PROVIDES  A  COURSE  OF  STUDY LEADING TO THE GRANTING OF A
   11  POST-SECONDARY DEGREE OR DIPLOMA.
   12    G. "LEGAL RESIDENT" SHALL MEAN A PERSON WHOSE  PRINCIPAL  DOMICILE  IS
   13  LOCATED  WITHIN  NEW YORK STATE IN EXCESS OF ONE HUNDRED EIGHTY-SIX DAYS
   14  PER YEAR AND HAS BEEN SO DOMICILED FOR NOT LESS THAN THE THREE  PREVIOUS
   15  YEARS;  EXCEPTING ACTIVE FEDERAL MILITARY DUTY WHO WAS A RESIDENT OF THE
   16  STATE AT THE TIME OF ENTRY INTO THE ARMED FORCES OF  THE  UNITED  STATES
   17  AND  IS  AN  ACTIVE  MEMBER  OF  THE  RESERVE ARMED FORCES OF THE UNITED
   18  STATES.
   19    3. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER  GENERAL,  SPECIAL,  OR
   20  LOCAL  LAW,  RULE, OR REGULATION, ANY ACTIVE MEMBER WHO HAS SUCCESSFULLY
   21  COMPLETED  ADVANCED  INDIVIDUAL  TRAINING  OR  COMMISSIONING  AND  OTHER
   22  REQUIREMENTS  OF  THE DIVISION OF MILITARY AND NAVAL AFFAIRS FOR TUITION
   23  BENEFIT ELIGIBILITY SHALL BE ENTITLED TO THE TUITION BENEFIT PROVIDED BY
   24  THIS SECTION UPON HIS OR HER ENROLLMENT IN A DEGREE PRODUCING CURRICULUM
   25  IN ANY INSTITUTION.
   26    4. UNLESS OTHERWISE PROVIDED FOR IN THIS SECTION, ELIGIBILITY FOR  THE
   27  TUITION  BENEFIT  PROVIDED  BY  THIS  SECTION SHALL BE DETERMINED BY THE
   28  EDUCATION SERVICES  OFFICES  OF  THE  DIVISION  OF  MILITARY  AND  NAVAL
   29  AFFAIRS,  WHICH  SHALL  ISSUE CERTIFICATES OF ELIGIBILITY AND PROMULGATE
   30  SUCH ADMINISTRATIVE RULES AND PROCEDURES AS ARE NECESSARY  TO  IMPLEMENT
   31  THE  TUITION  BENEFIT  PROVIDED UNDER THIS SECTION.  SUCH ADMINISTRATIVE
   32  RULES AND PROCEDURES SHALL INCLUDE IN THE FACTORS FOR THE  DETERMINATION
   33  OF  ELIGIBILITY  FOR  THE  TUITION  BENEFIT PROVIDED BY THIS SECTION THE
   34  FULFILLMENT OF THE OBLIGATION AND COMMITMENTS FOR SERVICE IN THE RESERVE
   35  ARMED FORCES OF THE UNITED STATES.
   36    5. ANY ACTIVE MEMBER WHO CURRENTLY POSSESSES A BACCALAUREATE DEGREE OR
   37  HIGHER IS INELIGIBLE FOR  PARTICIPATION  IN  THE  RECRUITMENT  INCENTIVE
   38  PROGRAM PROVIDED BY THIS SECTION.
   39    6. THE TUITION BENEFIT PROVIDED BY THIS SECTION SHALL BE RESTRICTED TO
   40  LEGAL  RESIDENTS  OF  THE  STATE.  THE  BENEFIT  MAY  BE USED FOR EITHER
   41  PART-TIME OR FULL-TIME STUDY. NO RESTRICTION  AS  TO  SESSIONS,  STUDENT
   42  STATUS, OR SPACE AVAILABILITY WHICH DOES NOT APPLY TO ALL STUDENTS SHALL
   43  BE PLACED BY INSTITUTIONS UPON RECIPIENTS UNDER THIS PROGRAM.
   44    7. UPON THE RECIPIENT'S ATTAINMENT OF A BACCALAUREATE DEGREE OR CESSA-
   45  TION  OF STATUS AS AN ACTIVE MEMBER, WHICHEVER OCCURS FIRST, THE BENEFIT
   46  PROVIDED BY THIS SECTION SHALL  BE  DISCONTINUED.  THE  TUITION  BENEFIT
   47  PROVIDED  BY THIS SECTION MAY BE SUSPENDED AT THE DIRECTION OF THE DIVI-
   48  SION OF MILITARY AND NAVAL AFFAIRS FOR A RECIPIENT'S FAILURE TO MAINTAIN
   49  GOOD MILITARY STANDING AS AN ACTIVE MEMBER, FOR THE FAILURE TO  MAINTAIN
   50  GOOD  ACADEMIC PROGRESS AND PROGRAM PURSUIT, OR FOR THE FAILURE TO MAIN-
   51  TAIN SUFFICIENT ACADEMIC STANDING TO RETAIN ELIGIBILITY  FOR  ANY  OTHER
   52  FINANCIAL ASSISTANCE THE RECIPIENT MAY BE RECEIVING.
   53    8.  UNLESS OTHERWISE PROVIDED FOR IN THIS SECTION, THE TUITION BENEFIT
   54  SHALL BE ON THE TERMS AND CONDITIONS SET BY THE DIVISION OF MILITARY AND
   55  NAVAL AFFAIRS, PROVIDED THAT ANY SUCH BENEFIT SHALL NOT EXCEED AN AMOUNT
   56  EQUAL TO THE ACTUAL ANNUAL TUITION  CHARGED  TO  THE  RECIPIENT  OR  THE
       S. 3232                             3
    1  TUITION  CHARGED BY THE STATE UNIVERSITY OF NEW YORK, WHICHEVER IS LESS,
    2  OFFSET BY ANY FINANCIAL ASSISTANCE AND  ANY  OTHER  RESOURCES  AVAILABLE
    3  THROUGH THE NATIONAL GUARD OR THE DIVISION OF MILITARY AND NAVAL AFFAIRS
    4  ON  BEHALF  OF  THE  RECIPIENT,  INCLUDING THE ARMY CONTINUING EDUCATION
    5  SYSTEM (ACES) (AR-621-5 17 NOVEMBER 1993) AND ANY SUCCESSOR  ARMY  REGU-
    6  LATIONS, AND THE TOTAL OF ALL OTHER STATE, FEDERAL, OR OTHER EDUCATIONAL
    7  GRANT  AID  THAT  IS  RECEIVED  OR RECEIVABLE BY SUCH STUDENT DURING THE
    8  SCHOOL YEAR FOR WHICH SUCH BENEFIT IS APPLICABLE.  FOR THE  PURPOSES  OF
    9  THIS  SUBDIVISION,  BENEFITS  AVAILABLE  UNDER THE FEDERAL MONTGOMERY GI
   10  BILL ACT OF 1984 SHALL NOT BE CONSIDERED AS FEDERAL OR OTHER EDUCATIONAL
   11  AID.
   12    9. ANY ACTIVE MEMBER WHO IS ELIGIBLE FOR THE TUITION BENEFIT  PROVIDED
   13  BY  THIS  SECTION  MUST  APPLY  FOR  ALL OTHER AVAILABLE STATE, FEDERAL,
   14  INCLUDING THE ARMY  CONTINUING  EDUCATION  SYSTEM  (ACES)  (AR-621-5  17
   15  NOVEMBER  1993) AND ANY SUCCESSOR ARMY REGULATIONS, OR OTHER EDUCATIONAL
   16  GRANT AID AT TIME OF ENROLLMENT.   THE DIVISION OF  MILITARY  AND  NAVAL
   17  AFFAIRS SHALL ACCESS ALL FINANCIAL ASSISTANCE AVAILABLE ON BEHALF OF ALL
   18  SUCH  ACTIVE  MEMBERS.  ANY  GRANT AID OR FINANCIAL ASSISTANCE RECEIVED,
   19  EXCLUDING THAT OF THE MONTGOMERY GI BILL ACT OF 1984, SHALL BE  UTILIZED
   20  TO  OFFSET  THE  COST  OF TUITION TO THE MAXIMUM EXTENT POSSIBLE, EXCEPT
   21  THAT NOTHING SHALL REQUIRE THAT AID OR ASSISTANCE RECEIVED WHICH MAY  BE
   22  USED  TOWARDS  COSTS  OTHER THAN THAT OF TUITION SHALL BE APPLIED TOWARD
   23  THE COST OF TUITION.
   24    10. THE TUITION BENEFIT PROVIDED BY THIS SECTION  SHALL  BE  EFFECTIVE
   25  BEGINNING  WITH  THE  SCHOOL SEMESTER OR QUARTER FOLLOWING THE EFFECTIVE
   26  DATE OF THIS SECTION.
   27    S 2. Section 604 of the education law  is  amended  by  adding  a  new
   28  subdivision 13 to read as follows:
   29    13.  TUITION  AWARDS FOR ACTIVE MEMBERS OF THE RESERVE ARMED FORCES OF
   30  THE UNITED STATES ENROLLED IN APPROVED POST-SECONDARY DEGREE PROGRAMS IN
   31  DEGREE-GRANTING INSTITUTIONS.
   32    S 3. The state finance law is amended by adding a new section 91-g  to
   33  read as follows:
   34    S  91-G.  TUITION AWARD ACCOUNT. 1. THERE IS HEREBY ESTABLISHED IN THE
   35  JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF  TAXATION
   36  AND  FINANCE  AN ACCOUNT IN THE MISCELLANEOUS SPECIAL REVENUE FUND TO BE
   37  KNOWN AS THE TUITION AWARD ACCOUNT.
   38    2. SUCH ACCOUNT SHALL CONSIST OF ALL REVENUES RECEIVED  FROM  CONTRIB-
   39  UTIONS,  DONATIONS  AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
   40  FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   41    3. MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY  THE  LEGISLATURE
   42  MAY BE EXPENDED FOR THE TUITION AWARD PROGRAM FOR MEMBERS OF THE RESERVE
   43  ARMED  FORCES  OF  THE  UNITED STATES.   MONEYS SHALL BE PAID OUT OF THE
   44  ACCOUNT ON THE AUDIT AND WARRANT OF THE STATE  COMPTROLLER  ON  VOUCHERS
   45  CERTIFIED OR APPROVED BY THE ADJUTANT GENERAL OF NEW YORK STATE.
   46    S  4.  The  division of military and naval affairs shall report on the
   47  operation and subsequent effectiveness of the program  created  by  this
   48  act,  one year after it shall have become a law and annually thereafter,
   49  to the governor, temporary president of the senate and  the  speaker  of
   50  the  assembly.  Upon the expiration and repeal of the provisions of this
   51  act, such division shall continue to make such report  in  any  year  in
   52  which any person receives benefits under the provisions of this act.
   53    S  5. This act shall take effect on the first of January next succeed-
   54  ing the date on which it shall have become a law and shall expire and be
   55  deemed repealed five years after such date; provided that any person who
   56  has begun to receive the benefits of this act prior  to  its  expiration
       S. 3232                             4
    1  and repeal shall be entitled to continue to receive the benefits of this
    2  act  after its expiration and repeal until completion of a baccalaureate
    3  degree or cessation of status as  an  active  member,  whichever  occurs
    4  first.