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

                                  1099

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. MAZIARZ, DeFRANCISCO, LANZA, LAVALLE, LIBOUS -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee 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:

  Section 1. The education law is amended by adding a new section  669-e
to read as follows:
  S 669-E. TUITION AWARDS FOR MEMBERS OF THE RESERVE ARMED FORCES OF THE
UNITED STATES.  1. THE DIVISION OF MILITARY AND NAVAL AFFAIRS IS AUTHOR-
IZED,  WITHIN  AMOUNTS APPROPRIATED OR OTHERWISE LAWFULLY AVAILABLE FROM
ANY OTHER SOURCE, TO ESTABLISH A TUITION AWARD PROGRAM.
  2. AS USED IN THIS SECTION, THE TERM:
  A. "ACTIVE MEMBER" SHALL MEAN A MEMBER OF  A  BRANCH  OF  THE  RESERVE
ARMED FORCES OF THE UNITED STATES WHO MEETS THE MINIMUM REQUIREMENTS FOR
SATISFACTORY  ACTIVE  MEMBERSHIP  AS SET FORTH IN THE REGULATIONS OF THE
UNITED STATES DEPARTMENTS OF THE ARMY, COAST GUARD, NAVY AND AIR  FORCE,
AS APPLICABLE.
  B.  "DEGREE  PRODUCING  CURRICULUM"  SHALL  MEAN  A  SERIES OF COURSES
PROGRAMMED TO CULMINATE IN A SPECIFIC POST-SECONDARY DEGREE  OR  DIPLOMA
WHEN SUCCESSFULLY COMPLETED.
  C. "TUITION" SHALL MEAN THE TOTAL SEMESTER, QUARTER, OR CLASSROOM HOUR
COST  OF  INSTRUCTION  TO  THE  STUDENT AS PERIODICALLY PUBLISHED IN THE
CATALOGUE OF THE INSTITUTION,  SPECIFICALLY  EXCLUDING  MANDATORY  FEES,
BOOK CHARGES, AND ROOM AND BOARD.
  D.  "TUITION  BENEFIT"  SHALL  MEAN  THE  PAYMENT  OF WHATEVER COST IS
ATTRIBUTABLE TO THE COST OF TUITION AFTER THE  DEDUCTION  OF  ANY  OTHER

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

                                                           LBD01857-01-3

S. 1099                             2

AVAILABLE EDUCATIONAL GRANT AID, INCLUDING THE ARMY CONTINUING EDUCATION
SYSTEM  (ACES)  (AR-621-5 17 NOVEMBER 1993) AND ANY SUCCESSOR ARMY REGU-
LATIONS, THAT COULD DEFRAY SUCH COST;  HOWEVER,  SPECIFICALLY  EXCLUDING
THE FEDERAL MONTGOMERY GI BILL ACT.
  E.  "PART-TIME STUDY" SHALL MEAN ENROLLMENT IN AN APPROVED POST-SECON-
DARY DEGREE PROGRAM FOR AT LEAST  SIX  BUT  LESS  THAN  TWELVE  SEMESTER
HOURS,  OR  THE  EQUIVALENT PER SEMESTER, OR AT LEAST FOUR BUT LESS THAN
EIGHT SEMESTER HOURS PER QUARTER IN AN INSTITUTION.
  F. "INSTITUTION" SHALL MEAN ANY INSTITUTION OF HIGHER EDUCATION RECOG-
NIZED AND APPROVED BY THE REGENTS OR THE UNIVERSITY OF THE STATE OF  NEW
YORK  WHICH  PROVIDES  A  COURSE  OF  STUDY LEADING TO THE GRANTING OF A
POST-SECONDARY DEGREE OR DIPLOMA.
  G. "LEGAL RESIDENT" SHALL MEAN A PERSON WHOSE  PRINCIPAL  DOMICILE  IS
LOCATED  WITHIN  NEW YORK STATE IN EXCESS OF ONE HUNDRED EIGHTY-SIX DAYS
PER YEAR AND HAS BEEN SO DOMICILED FOR NOT LESS THAN THE THREE  PREVIOUS
YEARS;  EXCEPTING ACTIVE FEDERAL MILITARY DUTY WHO WAS A RESIDENT OF THE
STATE AT THE TIME OF ENTRY INTO THE ARMED FORCES OF  THE  UNITED  STATES
AND  IS  AN  ACTIVE  MEMBER  OF  THE  RESERVE ARMED FORCES OF THE UNITED
STATES.
  3. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER  GENERAL,  SPECIAL,  OR
LOCAL  LAW,  RULE, OR REGULATION, ANY ACTIVE MEMBER WHO HAS SUCCESSFULLY
COMPLETED  ADVANCED  INDIVIDUAL  TRAINING  OR  COMMISSIONING  AND  OTHER
REQUIREMENTS  OF  THE DIVISION OF MILITARY AND NAVAL AFFAIRS FOR TUITION
BENEFIT ELIGIBILITY SHALL BE ENTITLED TO THE TUITION BENEFIT PROVIDED BY
THIS SECTION UPON HIS OR HER ENROLLMENT IN A DEGREE PRODUCING CURRICULUM
IN ANY INSTITUTION.
  4. UNLESS OTHERWISE PROVIDED FOR IN THIS SECTION, ELIGIBILITY FOR  THE
TUITION  BENEFIT  PROVIDED  BY  THIS  SECTION SHALL BE DETERMINED BY THE
EDUCATION SERVICES  OFFICES  OF  THE  DIVISION  OF  MILITARY  AND  NAVAL
AFFAIRS,  WHICH  SHALL  ISSUE CERTIFICATES OF ELIGIBILITY AND PROMULGATE
SUCH ADMINISTRATIVE RULES AND PROCEDURES AS ARE NECESSARY  TO  IMPLEMENT
THE  TUITION  BENEFIT  PROVIDED UNDER THIS SECTION.  SUCH ADMINISTRATIVE
RULES AND PROCEDURES SHALL INCLUDE IN THE FACTORS FOR THE  DETERMINATION
OF  ELIGIBILITY  FOR  THE  TUITION  BENEFIT PROVIDED BY THIS SECTION THE
FULFILLMENT OF THE OBLIGATION AND COMMITMENTS FOR SERVICE IN THE RESERVE
ARMED FORCES OF THE UNITED STATES.
  5. ANY ACTIVE MEMBER WHO CURRENTLY POSSESSES A BACCALAUREATE DEGREE OR
HIGHER IS INELIGIBLE FOR  PARTICIPATION  IN  THE  RECRUITMENT  INCENTIVE
PROGRAM PROVIDED BY THIS SECTION.
  6. THE TUITION BENEFIT PROVIDED BY THIS SECTION SHALL BE RESTRICTED TO
LEGAL  RESIDENTS  OF  THE  STATE.  THE  BENEFIT  MAY  BE USED FOR EITHER
PART-TIME OR FULL-TIME STUDY. NO RESTRICTION  AS  TO  SESSIONS,  STUDENT
STATUS, OR SPACE AVAILABILITY WHICH DOES NOT APPLY TO ALL STUDENTS SHALL
BE PLACED BY INSTITUTIONS UPON RECIPIENTS UNDER THIS PROGRAM.
  7. UPON THE RECIPIENT'S ATTAINMENT OF A BACCALAUREATE DEGREE OR CESSA-
TION  OF STATUS AS AN ACTIVE MEMBER, WHICHEVER OCCURS FIRST, THE BENEFIT
PROVIDED BY THIS SECTION SHALL  BE  DISCONTINUED.  THE  TUITION  BENEFIT
PROVIDED  BY THIS SECTION MAY BE SUSPENDED AT THE DIRECTION OF THE DIVI-
SION OF MILITARY AND NAVAL AFFAIRS FOR A RECIPIENT'S FAILURE TO MAINTAIN
GOOD MILITARY STANDING AS AN ACTIVE MEMBER, FOR THE FAILURE TO  MAINTAIN
GOOD  ACADEMIC PROGRESS AND PROGRAM PURSUIT, OR FOR THE FAILURE TO MAIN-
TAIN SUFFICIENT ACADEMIC STANDING TO RETAIN ELIGIBILITY  FOR  ANY  OTHER
FINANCIAL ASSISTANCE THE RECIPIENT MAY BE RECEIVING.
  8.  UNLESS OTHERWISE PROVIDED FOR IN THIS SECTION, THE TUITION BENEFIT
SHALL BE ON THE TERMS AND CONDITIONS SET BY THE DIVISION OF MILITARY AND
NAVAL AFFAIRS, PROVIDED THAT ANY SUCH BENEFIT SHALL NOT EXCEED AN AMOUNT

S. 1099                             3

EQUAL TO THE ACTUAL ANNUAL TUITION  CHARGED  TO  THE  RECIPIENT  OR  THE
TUITION  CHARGED BY THE STATE UNIVERSITY OF NEW YORK, WHICHEVER IS LESS,
OFFSET BY ANY FINANCIAL ASSISTANCE AND  ANY  OTHER  RESOURCES  AVAILABLE
THROUGH THE NATIONAL GUARD OR THE DIVISION OF MILITARY AND NAVAL AFFAIRS
ON  BEHALF  OF  THE  RECIPIENT,  INCLUDING THE ARMY CONTINUING EDUCATION
SYSTEM (ACES) (AR-621-5 17 NOVEMBER 1993) AND ANY SUCCESSOR  ARMY  REGU-
LATIONS, AND THE TOTAL OF ALL OTHER STATE, FEDERAL, OR OTHER EDUCATIONAL
GRANT  AID  THAT  IS  RECEIVED  OR RECEIVABLE BY SUCH STUDENT DURING THE
SCHOOL YEAR FOR WHICH SUCH BENEFIT IS APPLICABLE.  FOR THE  PURPOSES  OF
THIS  SUBDIVISION,  BENEFITS  AVAILABLE  UNDER THE FEDERAL MONTGOMERY GI
BILL ACT OF 1984 SHALL NOT BE CONSIDERED AS FEDERAL OR OTHER EDUCATIONAL
AID.
  9. ANY ACTIVE MEMBER WHO IS ELIGIBLE FOR THE TUITION BENEFIT  PROVIDED
BY  THIS  SECTION  MUST  APPLY  FOR  ALL OTHER AVAILABLE STATE, FEDERAL,
INCLUDING THE ARMY  CONTINUING  EDUCATION  SYSTEM  (ACES)  (AR-621-5  17
NOVEMBER  1993) AND ANY SUCCESSOR ARMY REGULATIONS, OR OTHER EDUCATIONAL
GRANT AID AT TIME OF ENROLLMENT.   THE DIVISION OF  MILITARY  AND  NAVAL
AFFAIRS SHALL ACCESS ALL FINANCIAL ASSISTANCE AVAILABLE ON BEHALF OF ALL
SUCH  ACTIVE  MEMBERS.  ANY  GRANT AID OR FINANCIAL ASSISTANCE RECEIVED,
EXCLUDING THAT OF THE MONTGOMERY GI BILL ACT OF 1984, SHALL BE  UTILIZED
TO  OFFSET  THE  COST  OF TUITION TO THE MAXIMUM EXTENT POSSIBLE, EXCEPT
THAT NOTHING SHALL REQUIRE THAT AID OR ASSISTANCE RECEIVED WHICH MAY  BE
USED  TOWARDS  COSTS  OTHER THAN THAT OF TUITION SHALL BE APPLIED TOWARD
THE COST OF TUITION.
  10. THE TUITION BENEFIT PROVIDED BY THIS SECTION  SHALL  BE  EFFECTIVE
BEGINNING  WITH  THE  SCHOOL SEMESTER OR QUARTER FOLLOWING THE EFFECTIVE
DATE OF THIS SECTION.
  S 2. Section 604 of the education law  is  amended  by  adding  a  new
subdivision 13 to read as follows:
  13.  TUITION  AWARDS FOR ACTIVE MEMBERS OF THE RESERVE ARMED FORCES OF
THE UNITED STATES ENROLLED IN APPROVED POST-SECONDARY DEGREE PROGRAMS IN
DEGREE-GRANTING INSTITUTIONS.
  S 3. The state finance law is amended by adding a new section 91-g  to
read as follows:
  S  91-G.  TUITION AWARD ACCOUNT. 1. THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF  TAXATION
AND  FINANCE  AN ACCOUNT IN THE MISCELLANEOUS SPECIAL REVENUE FUND TO BE
KNOWN AS THE TUITION AWARD ACCOUNT.
  2. SUCH ACCOUNT SHALL CONSIST OF ALL REVENUES RECEIVED  FROM  CONTRIB-
UTIONS,  DONATIONS  AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3. MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY  THE  LEGISLATURE
MAY BE EXPENDED FOR THE TUITION AWARD PROGRAM FOR MEMBERS OF THE RESERVE
ARMED  FORCES  OF  THE  UNITED STATES.   MONEYS SHALL BE PAID OUT OF THE
ACCOUNT ON THE AUDIT AND WARRANT OF THE STATE  COMPTROLLER  ON  VOUCHERS
CERTIFIED OR APPROVED BY THE ADJUTANT GENERAL OF NEW YORK STATE.
  S  4.  The  division of military and naval affairs shall report on the
operation and subsequent effectiveness of the program  created  by  this
act,  one year after it shall have become a law and annually thereafter,
to the governor, temporary president of the senate and  the  speaker  of
the  assembly.  Upon the expiration and repeal of the provisions of this
act, such division shall continue to make such report  in  any  year  in
which any person receives benefits under the provisions of this act.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall expire and be
deemed repealed five years after such date; provided that any person who

S. 1099                             4

has begun to receive the benefits of this act prior  to  its  expiration
and repeal shall be entitled to continue to receive the benefits of this
act  after its expiration and repeal until completion of a baccalaureate
degree  or  cessation  of  status  as an active member, whichever occurs
first.