S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5543--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 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  military  enhanced
   recognition, incentive and tribute ("MERIT") scholarships
 
   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,
 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; 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 operations [in preparation for duty in a combat thea-
 ter 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
 forces of the United States, as defined by subdivision eight of  section
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10315-02-1

 S. 5543--A                          2
 
 one  of  the  military law, [in a combat theater or combat zone of oper-
 ations 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]; 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]; 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] SUBPART.
   § 2. This act shall take effect immediately.