S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5607--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2017
                                ___________
 
 Introduced  by  M. of A. MORINELLO, LUPINACCI, GIGLIO -- Multi-Sponsored
   by -- M. of A.  CROUCH, M. L. MILLER, OAKS -- read once  and  referred
   to  the  Committee  on  Higher Education -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN ACT to amend the education law and the state finance law, in relation
   to  tuition  awards  for active members of the reserve armed forces of
   the United States and providing for the repeal of such provisions upon
   expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The education law is amended by adding a new section 669-i
 to read as follows:
   § 669-I. TUITION AWARDS FOR MEMBERS OF THE RESERVE ARMED FORCES OF THE
 UNITED STATES.  1. THE DIVISION OF MILITARY AND NAVAL AFFAIRS IS AUTHOR-
 IZED, WITHIN AMOUNTS APPROPRIATED OR OTHERWISE LAWFULLY  AVAILABLE  FROM
 ANY OTHER SOURCE, TO ESTABLISH A TUITION AWARD PROGRAM.
   2. AS USED IN THIS SECTION, THE TERM:
   A.  "ACTIVE  MEMBER"  SHALL  MEAN  A MEMBER OF A BRANCH OF THE RESERVE
 ARMED FORCES OF THE UNITED STATES WHO MEETS THE MINIMUM REQUIREMENTS FOR
 SATISFACTORY ACTIVE MEMBERSHIP AS SET FORTH IN THE  REGULATIONS  OF  THE
 UNITED  STATES DEPARTMENTS OF THE ARMY, COAST GUARD, NAVY AND AIR FORCE,
 AS APPLICABLE.
   B. "DEGREE PRODUCING  CURRICULUM"  SHALL  MEAN  A  SERIES  OF  COURSES
 PROGRAMMED  TO  CULMINATE IN A SPECIFIC POST-SECONDARY DEGREE OR DIPLOMA
 WHEN SUCCESSFULLY COMPLETED.
   C. "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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04516-03-7
              

 A. 5607--A                          2
 
   D. "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-
 LATIONS,  THAT  COULD  DEFRAY SUCH COST; HOWEVER, SPECIFICALLY EXCLUDING
 THE FEDERAL MONTGOMERY GI BILL ACT.
   E. "PART-TIME STUDY" SHALL MEAN ENROLLMENT IN AN APPROVED  POST-SECON-
 DARY  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. "INSTITUTION" SHALL MEAN ANY INSTITUTION OF HIGHER EDUCATION RECOG-
 NIZED  AND APPROVED BY THE REGENTS OR THE UNIVERSITY OF THE STATE OF NEW
 YORK WHICH PROVIDES A COURSE OF STUDY LEADING TO THE GRANTING OF A POST-
 SECONDARY DEGREE OR DIPLOMA.
   G. "LEGAL RESIDENT" SHALL MEAN A PERSON WHOSE  PRINCIPAL  DOMICILE  IS
 LOCATED  WITHIN  NEW YORK STATE IN EXCESS OF ONE HUNDRED EIGHTY-SIX DAYS
 PER YEAR AND HAS BEEN SO DOMICILED FOR NOT LESS THAN THE THREE  PREVIOUS
 YEARS;  EXCEPTING ACTIVE FEDERAL MILITARY DUTY WHO WAS A RESIDENT OF THE
 STATE AT THE TIME OF ENTRY INTO THE ARMED FORCES OF  THE  UNITED  STATES
 AND  IS  AN  ACTIVE  MEMBER  OF  THE  RESERVE ARMED FORCES OF THE UNITED
 STATES.
   3. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER  GENERAL,  SPECIAL,  OR
 LOCAL  LAW,  RULE, OR REGULATION, ANY ACTIVE MEMBER WHO HAS SUCCESSFULLY
 COMPLETED  ADVANCED  INDIVIDUAL  TRAINING  OR  COMMISSIONING  AND  OTHER
 REQUIREMENTS  OF  THE DIVISION OF MILITARY AND NAVAL AFFAIRS FOR TUITION
 BENEFIT ELIGIBILITY SHALL BE ENTITLED TO THE TUITION BENEFIT PROVIDED BY
 THIS SECTION UPON HIS OR HER ENROLLMENT IN A DEGREE PRODUCING CURRICULUM
 IN ANY INSTITUTION.
   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 OBLIGATION AND COMMITMENTS FOR SERVICE IN THE RESERVE
 ARMED FORCES OF THE UNITED STATES.
   5. ANY ACTIVE MEMBER WHO CURRENTLY POSSESSES A BACCALAUREATE DEGREE OR
 HIGHER IS INELIGIBLE FOR  PARTICIPATION  IN  THE  RECRUITMENT  INCENTIVE
 PROGRAM PROVIDED BY THIS SECTION.
   6. THE TUITION BENEFIT PROVIDED BY THIS SECTION SHALL BE RESTRICTED TO
 LEGAL  RESIDENTS  OF THE STATE. THE BENEFIT MAY BE USED FOR EITHER PART-
 TIME OR FULL-TIME STUDY. NO RESTRICTION AS TO SESSIONS, STUDENT  STATUS,
 OR  SPACE  AVAILABILITY  WHICH  DOES  NOT APPLY TO ALL STUDENTS SHALL BE
 PLACED BY INSTITUTIONS UPON RECIPIENTS UNDER THIS PROGRAM.
   7. UPON THE RECIPIENT'S ATTAINMENT OF A BACCALAUREATE DEGREE OR CESSA-
 TION OF STATUS AS AN ACTIVE MEMBER, WHICHEVER OCCURS FIRST, THE  BENEFIT
 PROVIDED  BY  THIS  SECTION  SHALL  BE DISCONTINUED. THE TUITION BENEFIT
 PROVIDED BY THIS SECTION MAY BE SUSPENDED AT THE DIRECTION OF THE  DIVI-
 SION OF MILITARY AND NAVAL AFFAIRS FOR A RECIPIENT'S FAILURE TO MAINTAIN
 GOOD  MILITARY STANDING AS AN ACTIVE MEMBER, FOR THE FAILURE TO MAINTAIN
 GOOD ACADEMIC PROGRESS AND PROGRAM PURSUIT, OR FOR THE FAILURE TO  MAIN-
 TAIN  SUFFICIENT  ACADEMIC  STANDING TO RETAIN ELIGIBILITY FOR ANY OTHER
 FINANCIAL ASSISTANCE THE RECIPIENT MAY BE RECEIVING.

 A. 5607--A                          3
 
   8. UNLESS OTHERWISE PROVIDED FOR IN THIS SECTION, THE TUITION  BENEFIT
 SHALL BE ON THE TERMS AND CONDITIONS SET BY THE DIVISION OF MILITARY AND
 NAVAL AFFAIRS, PROVIDED THAT ANY SUCH BENEFIT SHALL NOT EXCEED AN AMOUNT
 EQUAL  TO  THE  ACTUAL  ANNUAL  TUITION  CHARGED TO THE RECIPIENT OR THE
 TUITION  CHARGED BY THE STATE UNIVERSITY OF NEW YORK, WHICHEVER IS LESS,
 OFFSET BY ANY FINANCIAL ASSISTANCE AND  ANY  OTHER  RESOURCES  AVAILABLE
 THROUGH THE NATIONAL GUARD OR THE DIVISION OF MILITARY AND NAVAL AFFAIRS
 ON  BEHALF  OF  THE  RECIPIENT,  INCLUDING THE ARMY CONTINUING EDUCATION
 SYSTEM (ACES) (AR-621-5 17 NOVEMBER 1993) AND ANY SUCCESSOR  ARMY  REGU-
 LATIONS, AND THE TOTAL OF ALL OTHER STATE, FEDERAL, OR OTHER EDUCATIONAL
 GRANT  AID  THAT  IS  RECEIVED  OR RECEIVABLE BY SUCH STUDENT DURING THE
 SCHOOL YEAR FOR WHICH SUCH BENEFIT IS APPLICABLE.  FOR THE  PURPOSES  OF
 THIS  SUBDIVISION,  BENEFITS  AVAILABLE  UNDER THE FEDERAL MONTGOMERY GI
 BILL ACT OF 1984 SHALL NOT BE CONSIDERED AS FEDERAL OR OTHER EDUCATIONAL
 AID.
   9. ANY ACTIVE MEMBER WHO IS ELIGIBLE FOR THE TUITION BENEFIT  PROVIDED
 BY  THIS  SECTION  MUST  APPLY  FOR  ALL OTHER AVAILABLE STATE, FEDERAL,
 INCLUDING THE ARMY  CONTINUING  EDUCATION  SYSTEM  (ACES)  (AR-621-5  17
 NOVEMBER  1993) AND ANY SUCCESSOR ARMY REGULATIONS, OR OTHER EDUCATIONAL
 GRANT AID AT TIME OF ENROLLMENT.   THE DIVISION OF  MILITARY  AND  NAVAL
 AFFAIRS SHALL ACCESS ALL FINANCIAL ASSISTANCE AVAILABLE ON BEHALF OF ALL
 SUCH  ACTIVE  MEMBERS.  ANY  GRANT AID OR FINANCIAL ASSISTANCE RECEIVED,
 EXCLUDING THAT OF THE MONTGOMERY GI BILL ACT OF 1984, SHALL BE  UTILIZED
 TO  OFFSET  THE  COST  OF TUITION TO THE MAXIMUM EXTENT POSSIBLE, EXCEPT
 THAT NOTHING SHALL REQUIRE THAT AID OR ASSISTANCE RECEIVED WHICH MAY  BE
 USED  TOWARDS  COSTS  OTHER THAN THAT OF TUITION SHALL BE APPLIED TOWARD
 THE COST OF TUITION.
   10. THE TUITION BENEFIT PROVIDED BY THIS SECTION  SHALL  BE  EFFECTIVE
 BEGINNING  WITH  THE  SCHOOL SEMESTER OR QUARTER FOLLOWING THE EFFECTIVE
 DATE OF THIS SECTION.
   § 2. Section 604 of the education law  is  amended  by  adding  a  new
 subdivision 13 to read as follows:
   13.  TUITION  AWARDS FOR ACTIVE MEMBERS OF THE RESERVE ARMED FORCES OF
 THE UNITED STATES ENROLLED IN APPROVED POST-SECONDARY DEGREE PROGRAMS IN
 DEGREE-GRANTING INSTITUTIONS.
   § 3. The state finance law is amended by adding a new section 91-g  to
 read as follows:
   §  91-G.  TUITION AWARD ACCOUNT. 1. THERE IS HEREBY ESTABLISHED IN THE
 JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF  TAXATION
 AND  FINANCE  AN ACCOUNT IN THE MISCELLANEOUS SPECIAL REVENUE FUND TO BE
 KNOWN AS THE TUITION AWARD ACCOUNT.
   2. SUCH ACCOUNT SHALL CONSIST OF ALL REVENUES RECEIVED  FROM  CONTRIB-
 UTIONS,  DONATIONS  AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
 FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3. MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY  THE  LEGISLATURE
 MAY BE EXPENDED FOR THE TUITION AWARD PROGRAM FOR MEMBERS OF THE RESERVE
 ARMED  FORCES  OF  THE  UNITED STATES.   MONEYS SHALL BE PAID OUT OF THE
 ACCOUNT ON THE AUDIT AND WARRANT OF THE STATE  COMPTROLLER  ON  VOUCHERS
 CERTIFIED OR APPROVED BY THE ADJUTANT GENERAL OF NEW YORK STATE.
   §  4.  The  division of military and naval affairs shall report on the
 operation and subsequent effectiveness of the program  created  by  this
 act,  one year after it shall have become a law and annually thereafter,
 to the governor, temporary president of the senate and  the  speaker  of
 the  assembly.  Upon the expiration and repeal of the provisions of this
 act, such division shall continue to make such report  in  any  year  in
 which any person receives benefits under the provisions of this act.

 A. 5607--A                          4
 
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law and shall expire and be
 deemed repealed five years after such date; provided that any person who
 has begun to receive the benefits of this act prior  to  its  expiration
 and repeal shall be entitled to continue to receive the benefits of this
 act  after its expiration and repeal until completion of a baccalaureate
 degree or cessation of status as  an  active  member,  whichever  occurs
 first.