S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10186
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Chang) --
   read once and referred to the Committee on Veterans' Affairs
 
 AN ACT to amend the education law, in relation to recruitment  incentive
   and  retention  program  for  members  of the New York state organized
   militia; to repeal certain provisions of such  law  relating  thereto;
   and  to  amend chapter 268 of the laws of 1996, amending the education
   law and the state finance law  relating  to  providing  a  recruitment
   incentive  and retention program for certain active members of the New
   York army national guard, New York air national guard,  and  New  York
   naval militia, in relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 669-b of  the  education  law,  as
 added by chapter 268 of the laws of 1996, is amended to read as follows:
   2. Definitions as used in this section:
   a.  The term "active member" shall mean a member of a federally recog-
 nized unit of the New York army national guard, New  York  air  national
 guard,  [or]  New  York  naval  militia, OR NEW YORK GUARD who meets the
 minimum requirements for satisfactory active membership as set forth  in
 the  regulations  of the United States departments of the army, navy and
 air force, as applicable, and the New York state  division  of  military
 and naval affairs.
   b.  The  term  "degree  producing  curriculum"  shall mean a series of
 courses programmed to culminate in a specific  post-secondary  OR  POST-
 GRADUATE degree or diploma when successfully completed.
   c.  The  term  "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. The term "tuition benefit" shall mean the payment of whatever  cost
 is  attributable to the cost of tuition after the deduction of any other
 available educational grant aid, including the Army Continuing Education
 System (ACES) (AR-621-5 17 November 1993) and any successor  Army  regu-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15422-01-4
              

 A. 10186                            2
 
 lations,  that  could  defray such cost; however, specifically excluding
 the federal Montgomery GI Bill.
   e.  The  term  "part-time  study" shall mean enrollment in an approved
 post-secondary OR POST-GRADUATE 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.  The term "institution" shall mean any institution of higher educa-
 tion recognized and approved by the regents or  the  university  of  the
 state of New York which provides a course of study leading to the grant-
 ing of a post-secondary OR POST-GRADUATE degree or diploma.
   g. The term "legal resident" shall mean a person whose principal domi-
 cile  is  located within New York state in excess of one hundred eighty-
 six days per year; excepting active federal military duty.
   § 2. Subdivision 4 of section 669-b of the education law,  as  amended
 by chapter 268 of the laws of 1996, is amended to read as follows:
   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 contractual obligation and commitments for service in
 the New York army national guard, New York air national guard [and], New
 York naval militia AND NEW YORK GUARD.
   § 3. Subdivision 5 of section 669-b of the education law is REPEALED.
   § 4. Section 5 of chapter 268 of the laws of 1996, amending the educa-
 tion  law  and the state finance law relating to providing a recruitment
 incentive and retention program for certain active members  of  the  New
 York  army  national  guard,  New  York air national guard, and New York
 naval militia, as amended by section 1 of part P of chapter  55  of  the
 laws of 2021, is amended to read as follows:
   §  5.  This act shall take effect January 1, 1997 and shall expire and
 be deemed repealed September 1, [2026] 2031; provided  that  any  person
 who  has  begun to receive the benefits of this act prior to its expira-
 tion and repeal shall be entitled to continue to receive the benefits of
 this act after its expiration and repeal until completion of a baccalau-
 reate degree or cessation of  status  as  an  active  member,  whichever
 occurs first.
   §  5. This act shall take effect immediately; provided that the amend-
 ments to section 669-b of the education law made by sections one and two
 of this act shall be subject to the repeal of such section and shall  be
 deemed repealed therewith.