S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2149

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                   January 18, 2011
                                      ___________

       Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
         printed to be committed 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:

    1    Section 1. Section 668-e of the education law, as added by chapter 106
    2  of the laws of 2003, is amended to read as follows:
    3    S  668-e.  Military  enhanced  recognition,  incentive   and   tribute
    4  ("MERIT")  scholarships. 1. Eligible persons. a.  Notwithstanding subdi-
    5  visions three and five of section six hundred sixty-one of this  [title]
    6  PART,  children,  spouses  and  financial  dependents of a member of the
    7  armed forces of the United States or state organized militia who at  any
    8  time  on  or  after  the  second day of August, nineteen hundred ninety,
    9  while in service in the armed forces of the United States, as defined by
   10  subdivision eight of section one of the military law or in  a  force  of
   11  the  state  organized militia, as defined in subdivision nine of section
   12  one of the military law: (i) while a legal resident of New  York  state,
   13  died,  became  severely  and  permanently  disabled or was classified as
   14  missing in action [in a combat theater or combat zone of  operations  as
   15  part  of  military  operations, or died as a result of injury or illness
   16  suffered or incurred during such military service] IN THE PERFORMANCE OF
   17  HIS OR HER OFFICIAL DUTIES; or (ii) while a legal resident of  New  York
   18  state,  died  or became severely and permanently disabled as a result of
   19  injury or illness suffered or incurred during  military  training  oper-
   20  ations  in  preparation  for  duty in a combat theater or combat zone of
   21  operations.
   22    b. A member of the armed forces of the United States who:  (i)  became
   23  severely  and  permanently  disabled as a result of service in the armed
   24  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.
                                                                  LBD01430-01-1

       S. 2149                             2

    1  one  of  the  military law, [in a combat theater or combat zone of oper-
    2  ations] IN THE PERFORMANCE OF HIS OR HER  OFFICIAL  DUTIES  as  part  of
    3  military  operations  at  any time on or after the second day of August,
    4  nineteen hundred ninety; and (ii) was a legal resident of New York state
    5  at the time of military service.
    6    c.  A  member of the armed forces of the United States who: (i) became
    7  severely and permanently disabled as  a  result  of  injury  or  illness
    8  suffered or incurred during military training operations [in preparation
    9  for  duty  in  a  combat  theater  or  combat zone of operations] IN THE
   10  PERFORMANCE OF HIS OR HER OFFICIAL DUTIES; and (ii) was a legal resident
   11  of New York state at the time of military service.
   12    d. A member of the state organized militia who:  (i)  became  severely
   13  and  permanently  disabled  as a result of injury or illness suffered or
   14  incurred during active military service, as defined in  subdivision  six
   15  of  section one of the military law related to duty [in a combat theater
   16  or combat zone of operations] IN THE PERFORMANCE OF HIS OR HER  OFFICIAL
   17  DUTIES;  and  (ii) was a legal resident of New York state at the time of
   18  active military service.
   19    2. Amount. The president shall grant annual  scholarships  in  amounts
   20  determined  in accordance with subdivisions two and three of section six
   21  hundred sixty-eight-d of this part.
   22    S 2. This act shall take effect immediately.