S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4334
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of A. MORINELLO, DeSTEFANO, BRABENEC, NORRIS, WALSH,
   B. MILLER, HAWLEY, SALKA, J. M. GIGLIO, TAGUE -- Multi-Sponsored by --
   M. of A.  DiPIETRO, MANKTELOW, SAYEGH -- read once and referred to the
   Committee on Higher Education
 
 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.
   D. "TUITION BENEFIT" SHALL  MEAN  THE  PAYMENT  OF  WHATEVER  COST  IS
 ATTRIBUTABLE  TO  THE  COST  OF TUITION AFTER THE DEDUCTION OF ANY OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08764-01-1

 A. 4334                             2
 
 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.
   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

 A. 4334                             3
 
 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-h  to
 read as follows:
   §  91-H.  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.
   §  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

 A. 4334                             4
 
 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.