Bill Text: NY A04608 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes tuition awards for members of the reserved armed forces of the United States; eligibility for such tuition benefit shall be determined by the education services offices of the division of military and naval affairs; restricts such tuition benefit to legal residents of the state; establishes a tuition award account.

Spectrum: Strong Partisan Bill (Republican 14-1)

Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A04608 Detail]

Download: New_York-2019-A04608-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4608
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M.  of  A.  MORINELLO  --  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:
     1    Section 1. The education law is amended by adding a new section  669-i
     2  to read as follows:
     3    § 669-i. Tuition awards for members of the reserve armed forces of the
     4  United States.  1. The division of military and naval affairs is author-
     5  ized,  within  amounts appropriated or otherwise lawfully available from
     6  any other source, to establish a tuition award program.
     7    2. As used in this section, the term:
     8    a. "Active member" shall mean a member of  a  branch  of  the  reserve
     9  armed forces of the United States who meets the minimum requirements for
    10  satisfactory  active  membership  as set forth in the regulations of the
    11  United States departments of the army, coast guard, navy and air  force,
    12  as applicable.
    13    b.  "Degree  producing  curriculum"  shall  mean  a  series of courses
    14  programmed to culminate in a specific post-secondary degree  or  diploma
    15  when successfully completed.
    16    c. "Tuition" shall mean the total semester, quarter, or classroom hour
    17  cost  of  instruction  to  the  student as periodically published in the
    18  catalogue of the institution,  specifically  excluding  mandatory  fees,
    19  book charges, and room and board.
    20    d.  "Tuition  benefit"  shall  mean  the  payment  of whatever cost is
    21  attributable to the cost of tuition after the  deduction  of  any  other
    22  available educational grant aid, including the Army Continuing Education
    23  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.
                                                                   LBD02378-02-9

        A. 4608                             2
     1  lations, that could defray such cost;  however,  specifically  excluding
     2  the federal Montgomery GI Bill Act.
     3    e.  "Part-time study" shall mean enrollment in an approved post-secon-
     4  dary degree program for at least  six  but  less  than  twelve  semester
     5  hours,  or  the  equivalent per semester, or at least four but less than
     6  eight semester hours per quarter in an institution.
     7    f. "Institution" shall mean any institution of higher education recog-
     8  nized and approved by the regents or the university of the state of  New
     9  York which provides a course of study leading to the granting of a post-
    10  secondary degree or diploma.
    11    g.  "Legal  resident"  shall mean a person whose principal domicile is
    12  located within New York state in excess of one hundred  eighty-six  days
    13  per  year and has been so domiciled for not less than the three previous
    14  years; excepting active federal military duty who was a resident of  the
    15  state  at  the  time of entry into the armed forces of the United States
    16  and is an active member of  the  reserve  armed  forces  of  the  United
    17  States.
    18    3.  Notwithstanding  the  provisions of any other general, special, or
    19  local law, rule, or regulation, any active member who  has  successfully
    20  completed  advanced  individual  training  or  commissioning  and  other
    21  requirements of the division of military and naval affairs  for  tuition
    22  benefit eligibility shall be entitled to the tuition benefit provided by
    23  this section upon his or her enrollment in a degree producing curriculum
    24  in any institution.
    25    4.  Unless otherwise provided for in this section, eligibility for the
    26  tuition benefit provided by this section  shall  be  determined  by  the
    27  education  services  offices  of  the  division  of  military  and naval
    28  affairs, which shall issue certificates of  eligibility  and  promulgate
    29  such  administrative  rules and procedures as are necessary to implement
    30  the tuition benefit provided under this section.    Such  administrative
    31  rules  and procedures shall include in the factors for the determination
    32  of eligibility for the tuition benefit  provided  by  this  section  the
    33  fulfillment of the obligation and commitments for service in the reserve
    34  armed forces of the United States.
    35    5. Any active member who currently possesses a baccalaureate degree or
    36  higher  is  ineligible  for  participation  in the recruitment incentive
    37  program provided by this section.
    38    6. The tuition benefit provided by this section shall be restricted to
    39  legal residents of the state. The benefit may be used for  either  part-
    40  time  or full-time study. No restriction as to sessions, student status,
    41  or space availability which does not apply  to  all  students  shall  be
    42  placed by institutions upon recipients under this program.
    43    7. Upon the recipient's attainment of a baccalaureate degree or cessa-
    44  tion  of status as an active member, whichever occurs first, the benefit
    45  provided by this section shall  be  discontinued.  The  tuition  benefit
    46  provided  by this section may be suspended at the direction of the divi-
    47  sion of military and naval affairs for a recipient's failure to maintain
    48  good military standing as an active member, for the failure to  maintain
    49  good  academic progress and program pursuit, or for the failure to main-
    50  tain sufficient academic standing to retain eligibility  for  any  other
    51  financial assistance the recipient may be receiving.
    52    8.  Unless otherwise provided for in this section, the tuition benefit
    53  shall be on the terms and conditions set by the division of military and
    54  naval affairs, provided that any such benefit shall not exceed an amount
    55  equal to the actual annual tuition  charged  to  the  recipient  or  the
    56  tuition  charged by the state university of New York, whichever is less,

        A. 4608                             3
     1  offset by any financial assistance and  any  other  resources  available
     2  through the national guard or the division of military and naval affairs
     3  on  behalf  of  the  recipient,  including the Army Continuing Education
     4  System  (ACES)  (AR-621-5 17 November 1993) and any successor Army regu-
     5  lations, and the total of all other state, federal, or other educational
     6  grant aid that is received or receivable  by  such  student  during  the
     7  school  year  for which such benefit is applicable.  For the purposes of
     8  this subdivision, benefits available under  the  federal  Montgomery  GI
     9  Bill act of 1984 shall not be considered as federal or other educational
    10  aid.
    11    9.  Any active member who is eligible for the tuition benefit provided
    12  by this section must apply  for  all  other  available  state,  federal,
    13  including  the  Army  Continuing  Education  System  (ACES) (AR-621-5 17
    14  November 1993) and any successor Army regulations, or other  educational
    15  grant  aid  at  time of enrollment.   The division of military and naval
    16  affairs shall access all financial assistance available on behalf of all
    17  such active members. Any grant aid  or  financial  assistance  received,
    18  excluding  that of the Montgomery GI Bill Act of 1984, shall be utilized
    19  to offset the cost of tuition to the  maximum  extent  possible,  except
    20  that  nothing shall require that aid or assistance received which may be
    21  used towards costs other than that of tuition shall  be  applied  toward
    22  the cost of tuition.
    23    10.  The  tuition  benefit provided by this section shall be effective
    24  beginning with the school semester or quarter  following  the  effective
    25  date of this section.
    26    §  2.  Section  604  of  the  education law is amended by adding a new
    27  subdivision 13 to read as follows:
    28    13. Tuition awards for active members of the reserve armed  forces  of
    29  the United States enrolled in approved post-secondary degree programs in
    30  degree-granting institutions.
    31    §  3. The state finance law is amended by adding a new section 91-g to
    32  read as follows:
    33    § 91-g. Tuition award account. 1. There is hereby established  in  the
    34  joint  custody of the state comptroller and the commissioner of taxation
    35  and finance an account in the miscellaneous special revenue fund  to  be
    36  known as the tuition award account.
    37    2.  Such  account shall consist of all revenues received from contrib-
    38  utions, donations and all other moneys credited or  transferred  thereto
    39  from any other fund or source pursuant to law.
    40    3.  Moneys  of the account, following appropriation by the legislature
    41  may be expended for the tuition award program for members of the reserve
    42  armed forces of the United States.   Moneys shall be  paid  out  of  the
    43  account  on  the  audit and warrant of the state comptroller on vouchers
    44  certified or approved by the adjutant general of New York state.
    45    § 4. The division of military and naval affairs shall  report  on  the
    46  operation  and  subsequent  effectiveness of the program created by this
    47  act, one year after it shall have become a law and annually  thereafter,
    48  to  the  governor,  temporary president of the senate and the speaker of
    49  the assembly. Upon the expiration and repeal of the provisions  of  this
    50  act,  such  division  shall  continue to make such report in any year in
    51  which any person receives benefits under the provisions of this act.
    52    § 5. This act shall take effect on the first of January next  succeed-
    53  ing the date on which it shall have become a law and shall expire and be
    54  deemed repealed five years after such date; provided that any person who
    55  has  begun  to  receive the benefits of this act prior to its expiration
    56  and repeal shall be entitled to continue to receive the benefits of this

        A. 4608                             4
     1  act after its expiration and repeal until completion of a  baccalaureate
     2  degree  or  cessation  of  status  as an active member, whichever occurs
     3  first.
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