S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4005

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M. of A. HAWLEY, KOLB, ERRIGO, CROUCH, WALKER, SALADINO,
  BURLING, BARCLAY, TOBACCO, McKEVITT, GUNTHER -- Multi-Sponsored by  --
  M.  of  A.  BARRA,  CONTE, DUPREY, JORDAN, MOLINARO, REILICH, SAYWARD,
  TOWNSEND, WEISENBERG -- read once and referred  to  the  Committee  on
  Higher Education

AN ACT to amend the education law, in relation to providing scholarships
  for  surviving  dependent  family  members  of New York state military
  personnel who have died while performing official military duties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 668-e of the education law, as added by chapter 106
of the laws of 2003, is amended to read as follows:
  S   668-e.   Military  enhanced  recognition,  incentive  and  tribute
("MERIT") scholarships. 1. Eligible persons. a.  Notwithstanding  subdi-
visions  three and five of section six hundred sixty-one of this [title]
PART, children, spouses and financial dependents  of  a  member  of  the
armed  forces of the United States or state organized militia who at any
time on or after the second day  of  August,  nineteen  hundred  ninety,
while in service in the armed forces of the United States, as defined by
subdivision  eight  of  section one of the military law or in a force of
the state organized militia, as defined in subdivision nine  of  section
one  of  the military law: (i) while a legal resident of New York state,
died, became severely and permanently  disabled  or  was  classified  as
missing  in  action [in a combat theater or combat zone of operations as
part of military operations, or died as a result of  injury  or  illness
suffered or incurred during such military service] IN THE PERFORMANCE OF
HIS  OR  HER OFFICIAL DUTIES; or (ii) while a legal resident of New York
state, died or became severely and permanently disabled as a  result  of
injury  or  illness  suffered or incurred during military training oper-
ations in preparation for duty in a combat theater  or  combat  zone  of
operations.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02703-01-9
              

A. 4005                             2

  b.  A  member of the armed forces of the United States who: (i) became
severely and permanently disabled as a result of service  in  the  armed
forces  of the United States, as defined by subdivision eight of section
one of the military law, [in a combat theater or combat  zone  of  oper-
ations]  IN  THE  PERFORMANCE  OF  HIS OR HER OFFICIAL DUTIES as part of
military operations at any time on or after the second  day  of  August,
nineteen hundred ninety; and (ii) was a legal resident of New York state
at the time of military service.
  c.  A  member of the armed forces of the United States who: (i) became
severely and permanently disabled as  a  result  of  injury  or  illness
suffered or incurred during military training operations [in preparation
for  duty  in  a  combat  theater  or  combat zone of operations] IN THE
PERFORMANCE OF HIS OR HER OFFICIAL DUTIES; and (ii) was a legal resident
of New York state at the time of military service.
  d. A member of the state organized militia who:  (i)  became  severely
and  permanently  disabled  as a result of injury or illness suffered or
incurred during active military service, as defined in  subdivision  six
of  section one of the military law related to duty [in a combat theater
or combat zone of operations] IN THE PERFORMANCE OF HIS OR HER  OFFICIAL
DUTIES;  and  (ii) was a legal resident of New York state at the time of
active military service.
  2. Amount. The president shall grant annual  scholarships  in  amounts
determined  in accordance with subdivisions two and three of section six
hundred sixty-eight-d of this part.
  S 2. This act shall take effect immediately.