Senate Bill S6792

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6792
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 AN ACT to amend the education law,  in  relation  to  military  enhanced
   recognition, incentive and tribute ("MERIT") scholarships

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 668-e of the education law, as added by chapter 106
 of the laws of 2003, is amended to read as follows:
   §  668-e.  Military  enhanced  recognition,  incentive   and   tribute
 ("MERIT")  scholarships. 1. Eligible persons. a.  Notwithstanding subdi-
 visions three and five of section six hundred sixty-one of  this  title,
 children,  spouses  and  financial  dependents  of a member of the armed
 forces of the United States or state organized militia who at  any  time
 [on  or  after the second day of August, nineteen hundred ninety,] while
 in service in the armed forces of  the  United  States,  as  defined  by
 subdivision  eight  of  section one of the military law or in a force of
 the state organized militia, as defined in subdivision nine  of  section
 one  of  the military law: (i) while a legal resident of New York state,
 died, became severely and permanently  disabled  or  was  classified  as
 missing  in  action  in a combat theater or combat zone of operations as
 part of military operations, or died as a result of  injury  or  illness
 suffered  or  incurred  during  such military service; [or] (ii) while a
 legal resident of New York state, died or became severely and permanent-
 ly disabled as a result of injury or illness suffered or incurred during
 military training operations in preparation for duty in a combat theater
 or combat zone of operations; OR (III) WHILE A  LEGAL  RESIDENT  OF  NEW
 YORK  STATE,  RECEIVED  A  SERVICE-CONNECTED  DISABILITY RATING FROM THE
 DEPARTMENT OF VETERANS AFFAIRS WITH A MINIMUM OF ZERO PERCENT AND  MAXI-
 MUM OF ONE HUNDRED PERCENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10560-02-1
              

 S. 6792                             2
 
   b.  A  member of the armed forces of the United States who: (i) became
 severely and permanently disabled as a result of service  in  the  armed
 forces  of the United States, as defined by subdivision eight of section
 one of the military law, in a combat theater or  combat  zone  of  oper-
 ations  as  part  of  military  operations  at any time [on or after the
 second day of August, nineteen hundred ninety]; and  (ii)  was  a  legal
 resident of New York state at the time of military service.
   c.  A  member of the armed forces of the United States who: (i) became
 severely and permanently disabled as  a  result  of  injury  or  illness
 suffered  or incurred during military training operations in preparation
 for duty in a combat theater or combat zone of operations; and (ii)  was
 a legal resident of New York state at the time of military service.
   d.  A  MEMBER  OF  THE ARMED FORCES OF THE UNITED STATES MILITARY WHO:
 (I) RECEIVED A SERVICE-CONNECTED DISABILITY RATING FROM  THE  DEPARTMENT
 OF  VETERANS AFFAIRS CONSISTING OF A MINIMUM OF ZERO PERCENT AND A MAXI-
 MUM OF ONE HUNDRED PERCENT; AND (II) WAS A LEGAL RESIDENT  OF  NEW  YORK
 STATE AT THE TIME OF MILITARY SERVICE.
   E.  A  member  of the state organized militia who: (i) became severely
 and permanently disabled as a result of injury or  illness  suffered  or
 incurred  during  active military service, as defined in subdivision six
 of section one of the military law related to duty in a  combat  theater
 or  combat zone of operations; and (ii) was a legal resident of New York
 state at the time of active military service.
   2. Amount. The president shall grant annual  scholarships  in  amounts
 determined [in accordance with subdivisions two and three of section six
 hundred sixty-eight-d of this part] BY THE PROVISIONS OF THIS SECTION.
   A.  UPON  THE RECIPIENTS' ATTENDANCE AT A STATE UNIVERSITY OF NEW YORK
 (SUNY), FOR FULL-TIME UNDERGRADUATE STUDIES, THE MERIT SCHOLARSHIP  WILL
 PROVIDE FUNDS FOR THE FOLLOWING EXPENSES:
   (I)  AN  AMOUNT  EQUAL  TO  THE RECIPIENT'S ACTUAL TUITION OR THE SUNY
 IN-STATE TUITION RATE;
   (II) AN AMOUNT EQUAL TO THE RECIPIENT'S NON-TUITION COSTS;  INCLUDING,
 ROOM  AND BOARD, ALLOWANCES FOR BOOKS, SUPPLIES AND TRANSPORTATION UP TO
 THE AVERAGE COST OF ATTENDANCE AT SUNY UNIVERSITIES AND COLLEGES; AND
   (III) AN AMOUNT EQUAL TO THE COST OF RESIDENCE EITHER ON  OR  OFF-CAM-
 PUS.  A  STUDENT  LIVING  ON CAMPUS WILL RECEIVE A LARGER ROOM AND BOARD
 ALLOWANCE THAN A COMMUTER STUDENT; UNLESS HOUSING IS NOT  AVAILABLE  FOR
 STUDENTS  ON  CAMPUS,  IN WHICH CASE A COMMUTER STUDENT WILL RECEIVE THE
 SAME ALLOWANCE AS A STUDENT LIVING ON CAMPUS.
   B. UPON THE RECIPIENTS' ATTENDANCE AT A STATE UNIVERSITY OF  NEW  YORK
 (SUNY), FOR A FULL-TIME GRADUATE PROGRAM, INCLUDING, BUT NOT EXCLUDING A
 MASTERS OR DOCTORATE PROGRAM BETWEEN THE AGE OF EIGHTEEN AND TWENTY-SEV-
 EN,  THE MERIT SCHOLARSHIP WILL PROVIDE FUNDS FOR AN AMOUNT EQUAL TO THE
 RECIPIENT'S ACTUAL TUITION OR THE SUNY IN-STATE TUITION RATE;
   3. REQUIREMENTS. ELIGIBLE RECIPIENTS OF  THE  MERIT  SCHOLARSHIP  MUST
 ADHERE TO THE FOLLOWING TO REMAIN ELIGIBLE FOR THE MERIT SCHOLARSHIP:
   (I)  BE  MATRICULATED  AT AN APPROVED POSTSECONDARY INSTITUTION IN NEW
 YORK STATE.
   (II) HAVE GRADUATED FROM HIGH SCHOOL IN THE UNITED STATES, OR  HAVE  A
 HIGH  SCHOOL EQUIVALENCY DIPLOMA EARNED THROUGH PASSING THE TEST ASSESS-
 ING SECONDARY COMPLETION (TASC), FORMALLY KNOWN AS THE GED, OR PASSED  A
 FEDERALLY  APPROVED  "ABILITY TO BENEFIT" TEST AS DEFINED BY THE COMMIS-
 SIONER OF THE STATE EDUCATION DEPARTMENT OR HAVE GRADUATED FROM A RECOG-
 NIZED UNIVERSITY PROVIDING  BACCALAUREATE  LEVEL  EDUCATION  WITHIN  THE
 UNITED STATES.

 S. 6792                             3
 
   (III) BE ENROLLED AS A FULL-TIME STUDENT TAKING TWELVE OR MORE CREDITS
 PER  SEMESTER  OR QUARTER. UNLESS THE STUDENT IS PARTICIPATING IN A NON-
 REQUIRED SEMESTER OUTSIDE OF THE ACADEMIC YEAR I.E. A SUMMER SEMESTER OR
 QUARTER.
   (V)  MUST  COMPLETE THEIR UNDERGRADUATE OR GRADUATE PROGRAM WITHIN ONE
 YEAR OF THE DETERMINED LENGTH OF THE COURSE WORK GIVEN THAT:
   (A) AN ELIGIBLE UNDERGRADUATE PROGRAM IS STRUCTURED  TO  BE  COMPLETED
 WITHIN  FOUR  OR  FIVE  YEARS,  THE RECIPIENT OF THE AWARD MUST COMPLETE
 THEIR ATTENDANCE OF THE PROGRAM WITHIN FIVE OR SIX YEARS; OR
   (B) AN ELIGIBLE GRADUATE PROGRAM THAT IS STRUCTURED TO BE COMPLETED IN
 TWO OR FOUR YEARS, MUST BE COMPLETED WITHIN THE TIME FRAME OF  THREE  OR
 FIVE YEARS.
   4. RESIDENCE.  A. AN APPLICANT FOR AN AWARD AT THE UNDERGRADUATE LEVEL
 OF STUDY SHALL BE A LEGAL RESIDENT OF THE STATE OF NEW YORK; AND
   B. AN APPLICANT FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY SHALL BE A
 LEGAL RESIDENT OF THE STATE OF NEW YORK.
   § 2. This act shall take effect immediately.