S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1737
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by M. of A. HAWLEY, KOLB, BARCLAY, BUTLER, CROUCH, McKEVITT,
   PERRY, SALADINO, GUNTHER, MONTESANO -- Multi-Sponsored by -- M. of  A.
   OAKS -- 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:
   §   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.
              

                                                            LBD02282-01-7

 A. 1737                             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.
   § 2. This act shall take effect immediately.