Senate Bill S5245

Signed By Governor
2021-2022 Legislative Session

Provides in-state tuition continuity for spouses and dependents of active duty service members

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Archive: Last Bill Status Via A6249 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-S5245 - Details

Law Section:
Military Law
Laws Affected:
Amd §§1 & 253, Mil L

2021-S5245 - Summary

Provides in-state tuition continuity for spouses and children of active duty service members.

2021-S5245 - Sponsor Memo

2021-S5245 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5245
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- 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 military law, in relation to in-state tuition conti-
   nuity for spouses and children of active duty service members

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 8 of section 1 of the military law, as amended
 by chapter 112 of the laws of 1989, is amended to read as follows:
   8. The terms "active military service of the United  States"  and  "in
 the  armed forces of the United States" shall mean full time duty in the
 army, navy (including marine corps), air force (INCLUDING  SPACE  FORCE)
 or coast guard of the United States.
   § 2. Section 253 of the military law, as amended by chapter 473 of the
 laws of 2009, is amended to read as follows:
   §   253.   Military   service  by  parent;  effect  on  child  custody
 proceedings; IN-STATE TUITION CONTINUITY.  1. Notwithstanding  any  law,
 rule or regulation to the contrary, child custody proceedings filed in a
 court of competent jurisdiction in this state, involving a parent who is
 activated,  deployed,  or temporarily assigned to military service shall
 be governed by subdivision (f) of section six hundred fifty-one  of  the
 family  court act, section seventy-five-l or paragraph (a-2) of subdivi-
 sion one of section two hundred forty of the domestic relations law.
   2. A SPOUSE OR CHILD OF A MEMBER OF THE ACTIVE MILITARY SERVICE OF THE
 UNITED STATES WHO  HAS  BEEN  ASSIGNED  TO  DUTY  ELSEWHERE  IMMEDIATELY
 FOLLOWING  ASSIGNMENT  TO  DUTY  IN  NEW  YORK  SHALL BE DEEMED TO BE AN
 IN-STATE RESIDENT FOR THE PURPOSES OF DETERMINING TUITION  AND  FEES  AT
 ALL  STATE  INSTITUTIONS  OF HIGHER LEARNING, AND IS ENTITLED TO PAY THE
 TUITION FEES AND OTHER FEES OR CHARGES PROVIDED FOR NEW  YORK  RESIDENTS
 AS  LONG  AS  THE  SPOUSE  OR CHILD RESIDES CONTINUOUSLY IN NEW YORK AND
 REMAINS ENROLLED AT SUCH INSTITUTION.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

2021-S5245A (ACTIVE) - Details

Law Section:
Military Law
Laws Affected:
Amd §§1 & 253, Mil L

2021-S5245A (ACTIVE) - Summary

Provides in-state tuition continuity for spouses and children of active duty service members.

2021-S5245A (ACTIVE) - Sponsor Memo

2021-S5245A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5245--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the education  law,  in  relation  to  in-state  tuition
   continuity  for  certain spouses and dependents of active duty service
   members
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph 3 of paragraph h of subdivision 2 of section
 355 of the education law is amended by adding a new clause (iii) to read
 as follows:
   (III) SUCH REGULATIONS SHALL  FURTHER  PROVIDE  THAT  THE  PAYMENT  OF
 TUITION  AND FEES BY ANY STUDENT WHO IS NOT A RESIDENT OF NEW YORK STATE
 SHALL BE PAID AT A RATE OR CHARGE  NO  GREATER  THAN  THAT  IMPOSED  FOR
 STUDENTS  WHO ARE RESIDENTS OF THIS STATE IF SUCH STUDENT IS ENROLLED IN
 AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY  AND  IS  THE
 SPOUSE  OR  THE  DEPENDENT OF A MEMBER OF THE ARMED FORCES OF THE UNITED
 STATES ON FULL-TIME ACTIVE DUTY AND NOT STATIONED IN  THIS  STATE  IMME-
 DIATELY FOLLOWING BEING STATIONED THEREIN.
   §  2. Subdivision 7 of section 6206 of the education law is amended by
 adding a new paragraph (a-3) to read as follows:
   (A-3) THE TRUSTEES SHALL FURTHER PROVIDE THAT THE PAYMENT  OF  TUITION
 AND FEES BY ANY STUDENT WHO IS NOT A RESIDENT OF NEW YORK STATE SHALL BE
 PAID  AT  A RATE OR CHARGE NO GREATER THAN THAT IMPOSED FOR STUDENTS WHO
 ARE RESIDENTS OF THE STATE IF SUCH STUDENT IS ENROLLED IN ANY COLLEGE OR
 EDUCATIONAL UNIT OF THE CITY UNIVERSITY OF NEW YORK AND IS THE SPOUSE OR
 THE DEPENDENT OF A MEMBER OF THE ARMED FORCES OF THE  UNITED  STATES  ON
 FULL-TIME  ACTIVE  DUTY  AND  NOT  STATIONED  IN  THIS STATE IMMEDIATELY
 FOLLOWING BEING STATIONED THEREIN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09377-13-1
              

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