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

                                  5128

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. McDONALD -- 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, 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.
  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

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

S. 5128                             2

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.