S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    193
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01527-01-9

 S. 193                              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.
   § 2. This act shall take effect immediately.