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

                                  3559

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Higher Education

AN  ACT  to  amend  the  education law, in relation to providing tuition
  awards to children of veterans who served in armed conflict

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 668 of the education law, as added by chapter 942
of the laws of 1974, subdivision 1 as amended by chapter 580 of the laws
of 1992, paragraphs (a) and (d) of subdivision 1 as amended  by  chapter
261  of  the  laws of 1995, paragraph (b) of subdivision 1 as amended by
chapter 616 of the laws of 1995, paragraphs (f) and (g) of subdivision 1
as added by chapter 435 of the laws of 2006, subdivision 2 as amended by
chapter 333 of the laws of 1993, the opening paragraph of subdivision  2
as  amended  by  chapter 547 of the laws of 2004, and paragraphs (b) and
(c) of subdivision 2 as amended by chapter 390 of the laws of  1995,  is
amended to read as follows:
  S 668. Regents  awards for children of deceased and disabled veterans;
TUITION AWARDS FOR CHILDREN OF VETERANS WHO SERVED  IN  ARMED  CONFLICT.
IN  ADDITION  TO THE REGENTS AWARDS PROVIDED TO CHILDREN OF DECEASED AND
DISABLED VETERANS, THE PRESIDENT OF THE HIGHER EDUCATION SERVICES CORPO-
RATION SHALL MAKE AVAILABLE TO THE CHILDREN  OF  A  LIVING  OR  DECEASED
VETERAN  OF THE ARMED FORCES OF THE UNITED STATES WHO COMPLETED A PERIOD
OF MILITARY SERVICE AS DEFINED IN SUBDIVISION ONE  OF  THIS  SECTION,  A
TUITION AWARD THAT MAY BE APPLIED TO ANY COLLEGE OR COMMUNITY COLLEGE IN
THE  STATE UNIVERSITY OF NEW YORK SYSTEM, ANY UNIVERSITY OF THE STATE OF
NEW YORK, OR THE UNIVERSITY OF THE CITY OF NEW YORK.
  1. Period of military service. For  a  student  to  be  eligible,  the
parent,  or  step-parent where the student is the dependent of the step-
parent, (i) must have been a recipient of the armed forces expeditionary
medal, the navy expeditionary medal or the  marine  corps  expeditionary
medal  for participation in operations in Lebanon from June first, nine-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02525-01-3
              

A. 3559                             2

teen hundred eighty-three to December first,  nineteen  hundred  eighty-
seven,  in  Grenada  from October twenty-third, nineteen hundred eighty-
three to November twenty-first, nineteen  hundred  eighty-three,  or  in
Panama  from December twentieth, nineteen hundred eighty-nine to January
thirty-first, nineteen hundred ninety, or (ii) must have served on regu-
lar active duty (other than for training) in the  armed  forces  of  the
United States during part of one of the following periods:
  (a)  April sixth, nineteen hundred seventeen to November eleven, nine-
teen hundred eighteen.
  (b) December seven, nineteen hundred forty-one to December thirty-one,
nineteen hundred forty-six, or have been employed by  the  War  Shipping
Administration  or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard  or  Depart-
ment  of  Commerce,  or as a civil servant employed by the United States
Army Transport Service (later redesignated as  the  United  States  Army
Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred  forty-one,  to
August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and  further
to  include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received  a  Certificate  of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense or have served as a United States civilian employed by the Amer-
ican  Field  Service  and served overseas under United States Armies and
United States Army Groups in world war II during  the  period  of  armed
conflict,  December  seventh,  nineteen  hundred  forty-one  through May
eighth, nineteen hundred forty-five, and who was discharged or  released
therefrom  under honorable conditions, or have served as a United States
civilian Flight Crew and Aviation Ground Support Employee of Pan  Ameri-
can  World  Airways  or  one  of  its subsidiaries or its affiliates and
served overseas as a result of Pan American's contract with  Air  Trans-
port  Command  or Naval Air Transport Service during the period of armed
conflict, December fourteenth, nineteen hundred forty-one through August
fourteenth, nineteen hundred  forty-five,  and  who  was  discharged  or
released therefrom under honorable conditions.
  (c)  June  twenty-seven, nineteen hundred fifty to January thirty-one,
nineteen hundred fifty-five.
  (d) December twenty-second, nineteen hundred sixty-one to May seventh,
nineteen hundred seventy-five.
  (e) August two, nineteen hundred ninety to the end of  hostilities  in
the Persian Gulf conflict.
  (f)  From  September eighteenth, two thousand one until the end of the
United States military efforts in Afghanistan.
  (g) From October sixteenth, two thousand two  until  the  end  of  the
United States military efforts in Iraq.
  2.  Eligible groups. Awards shall be made to students each of whom has
a parent with such service, or a step-parent with such service where the
student is the dependent  of  the  step-parent  even  if  the  student's
biological parent is still living, who:
  (a)  was  a legal resident of New York state at the time of his or her
demise and who died or die while so serving, or as a result of injury or
illness suffered or incurred during such military service; or

A. 3559                             3

  (b) is an honorably discharged veteran of the United States or  member
of the armed forces of the United States, who is a resident of the state
of  New  York, and who, FOR PURPOSES OF THE GRANTING OF A REGENTS AWARD,
has a current disability of forty percent or more  as  a  result  of  an
injury or illness which is incurred or was incurred during such military
service; or
  (c)  is  now deceased, who was a resident of this state at the time of
his or her demise, and who, FOR PURPOSES OF THE GRANTING  OF  A  REGENTS
AWARD,  at the time of his or her demise had a disability to a degree of
forty percent or more as a result of an  injury  or  illness  which  was
incurred during such military service; or
  (d)  is  classified  as  a  former  prisoner  of war, or as missing in
action, who has been so classified by the United  States  department  of
defense,  and  who  is  a  resident of the state of New York if a former
prisoner of war or was a resident of the state of New York when  classi-
fied as missing in action.
  3.  Determinations of disability. Determinations concerning disability
or death by the United States Administrator of Veterans Affairs  or  the
separate  branches  of  the  armed  forces of the United States shall be
conclusive.
  4. Amount and duration. (A)  REGENTS  AWARDS.  Every  recipient  OF  A
REGENTS  AWARD  shall  receive  an  annual  award  of four hundred fifty
dollars for each of not more than four academic years, or five  academic
years  if the recipient is enrolled in a program normally requiring five
years, as defined by the commissioner, pursuant to article  thirteen  OF
THIS TITLE.
  (B)  TUITION  AWARDS.  (I)  A TUITION AWARD GRANTED UNDER THIS SECTION
SHALL BE EQUAL TO THE COST OF UNDERGRADUATE TUITION, OFFSET BY ANY OTHER
FINANCIAL ASSISTANCE OR AWARD RECEIVED. IF A TUITION ASSISTANCE  PROGRAM
(TAP)  AWARD  OR A REGENTS AWARD IS ALSO RECEIVED, THE COMBINED ACADEMIC
YEAR AWARD SHALL NOT EXCEED TUITION.
  (II) NO RECIPIENT OF A TUITION AWARD UNDER THIS SECTION SHALL  RECEIVE
A TUITION AWARD FOR MORE THAN EIGHT SEMESTERS OF FULL TIME UNDERGRADUATE
STUDY, OR THE EQUIVALENT OF FOUR ACADEMIC YEARS, OR, IF AN UNDERGRADUATE
PROGRAM  NORMALLY  REQUIRES  FIVE ACADEMIC YEARS OF FULL TIME STUDY, FOR
MORE THAN TEN SEMESTERS OF FULL TIME STUDY, OR THE  EQUIVALENT  OF  FIVE
ACADEMIC  YEARS.  "FULL  TIME STUDY" SHALL MEAN ENROLLMENT FOR MORE THAN
TWELVE SEMESTER HOURS PER SEMESTER, OR THE EQUIVALENT,  IN  AN  APPROVED
UNDERGRADUATE PROGRAM.
  (III) NO RECIPIENT OF A TUITION AWARD UNDER THIS SECTION SHALL RECEIVE
A TUITION AWARD FOR MORE THAN SIXTEEN SEMESTERS OF PART TIME UNDERGRADU-
ATE STUDY, OR THE EQUIVALENT OF EIGHT ACADEMIC YEARS OF PART TIME STUDY,
OR, IF AN UNDERGRADUATE PROGRAM NORMALLY REQUIRES FIVE ACADEMIC YEARS OF
FULL  TIME  STUDY, FOR MORE THAN TWENTY SEMESTERS OF PART TIME STUDY, OR
THE EQUIVALENT OF TEN ACADEMIC  YEARS.  "PART  TIME  STUDY"  SHALL  MEAN
ENROLLMENT  FOR  AT  LEAST THREE BUT LESS THAN TWELVE SEMESTER HOURS PER
SEMESTER, OR THE EQUIVALENT, IN AN APPROVED UNDERGRADUATE PROGRAM.
  5. APPLICABILITY OF TUITION AWARDS; NON-RESIDENT FEES. TUITION  AWARDS
PROVIDED  UNDER THIS SECTION SHALL ONLY BE AVAILABLE WITHIN THE STATE OF
NEW YORK UNIVERSITY SYSTEM; PROVIDED, HOWEVER,  THAT  NOTHING  CONTAINED
HEREIN SHALL PREVENT INSTITUTIONS FROM CHARGING NON-RESIDENT FEES IF THE
STUDENT IS A NON-RESIDENT.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.