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

                                  9942

                          I N  A S S E M B L Y

                            February 17, 2010
                               ___________

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

AN ACT to amend the education law, in relation to establishing a Haitian
  Earthquake victims survivor college scholarship program  for  children
  and  spouses  of  persons injured in the January twelfth, two thousand
  ten earthquake in Haiti

  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 609 to
read as follows:
  S  609.  HAITIAN  EARTHQUAKE  VICTIMS SURVIVOR COLLEGE SCHOLARSHIP. 1.
NOTWITHSTANDING SUBDIVISIONS THREE  AND  FIVE  OF  SECTION  SIX  HUNDRED
SIXTY-ONE  OF  THIS  TITLE, CHILDREN AND SPOUSES OF INNOCENT VICTIMS WHO
HAVE DIED OR HAVE BEEN SEVERELY AND PERMANENTLY DISABLED, OR THOSE INNO-
CENT VICTIMS WHO HAVE BECOME SEVERELY  AND  PERMANENTLY  DISABLED  AS  A
DIRECT  RESULT  OF AN INJURY SUSTAINED ON THE ISLAND NATION OF HAITI DUE
TO THE JANUARY TWELFTH, TWO THOUSAND TEN EARTHQUAKE, OR THE  AFTERSHOCKS
OF THE EARTHQUAKE, OCCURRING ON THAT ISLAND NATION, SHALL BE ELIGIBLE TO
RECEIVE  A SCHOLARSHIP IN AN ANNUAL AMOUNT DETERMINED PURSUANT TO SUBDI-
VISION TWO OF SECTION SIX HUNDRED SIXTY-EIGHT-H OF THIS TITLE.
  2. AWARDS UNDER THIS SECTION SHALL BE PAYABLE FOR  EACH  OF  NOT  MORE
THAN  FOUR  ACADEMIC YEARS OF UNDERGRADUATE STUDY OR FIVE ACADEMIC YEARS
IF A PROGRAM NORMALLY REQUIRES FIVE YEARS, AS DEFINED BY THE COMMISSION-
ER PURSUANT TO THIS ARTICLE.
  S 2. The education law is amended by adding a  new  section  668-h  to
read as follows:
  S  668-H.    HAITIAN  EARTHQUAKE  VICTIMS SURVIVOR COLLEGE SCHOLARSHIP
PROGRAM. 1. ELIGIBLE GROUPS.   NOTWITHSTANDING  SUBDIVISIONS  THREE  AND
FIVE  OF  SECTION  SIX  HUNDRED  SIXTY-ONE OF THIS ARTICLE, CHILDREN AND
SPOUSES OF INNOCENT VICTIMS WHO HAVE DIED  OR  HAVE  BEEN  SEVERELY  AND
PERMANENTLY DISABLED, OR THOSE INNOCENT VICTIMS WHO HAVE BECOME SEVERELY
AND  PERMANENTLY  DISABLED  AS A DIRECT RESULT OF AN INJURY SUSTAINED ON
THE ISLAND NATION OF HAITI IN THE IMPACT AREA OF  THE  JANUARY  TWELFTH,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15818-02-0
              

A. 9942                             2

TWO  THOUSAND  TEN  EARTHQUAKE OCCURRING ON THAT ISLAND NATION, SHALL BE
ELIGIBLE TO RECEIVE A MEMORIAL SCHOLARSHIP AS PROVIDED IN THIS SECTION.
  2.  AMOUNT. THE PRESIDENT SHALL GRANT UP TO TEN ANNUAL SCHOLARSHIPS TO
RECIPIENTS ATTENDING AN INSTITUTION OF THE CITY UNIVERSITY OF  NEW  YORK
OR  AN  INSTITUTION  OF  THE STATE UNIVERSITY OF NEW YORK OTHER THAN THE
STATUTORY COLLEGES AT CORNELL, THE COLLEGE OF ENVIRONMENTAL SCIENCE  AND
FORESTRY AT SYRACUSE AND THE COLLEGE OF CERAMICS AT ALFRED, IN AN AMOUNT
EQUAL  TO  THE  SUM  OF THE TUITION CHARGED AT SUCH INSTITUTION PROVIDED
THAT, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE  TUITION
CHARGED TO AWARD RECIPIENTS SHALL NOT EXCEED THAT CHARGED TO STATE RESI-
DENT  STUDENTS ATTENDING SUCH INSTITUTION AND THE MANDATORY FEES CHARGED
AT SUCH INSTITUTION; PROVIDED, HOWEVER, THAT THE SCHOLARSHIP  SHALL  NOT
EXCEED  AN  AMOUNT  THAT IS EQUAL TO THE TOTAL COST OF ATTENDANCE DETER-
MINED FOR FEDERAL TITLE IV STUDENT  FINANCIAL  AID  PURPOSES,  LESS  ALL
OTHER  SCHOLARSHIPS AND GRANTS PROVIDED BY NEW YORK STATE, OTHER STATES,
THE FEDERAL GOVERNMENT, OR OTHER GOVERNMENTS, AND THE AMOUNT  OF  EDUCA-
TIONAL BENEFITS PAID UNDER ANY PROGRAM THAT WOULD DUPLICATE THE PURPOSES
OF  THIS PROGRAM, PROVIDED THAT ANY SCHOLARSHIPS OR GRANTS PROVIDED TO A
RECIPIENT BY THE INSTITUTION WHICH ARE INTENDED TO FUND ANY  PORTION  OF
THE  DIFFERENCE  BETWEEN  THE ANNUAL STATE AWARD AND THE ACTUAL COSTS OF
ATTENDANCE AT ANY SUCH INSTITUTION SHALL NOT BE CONSIDERED TO  DUPLICATE
THE  PURPOSES  OF THIS PROGRAM. IN NO EVENT SHALL THE COMBINATION OF ALL
STUDENT FINANCIAL AID RECEIVED BY A STUDENT EXCEED A  RECIPIENT'S  TOTAL
COST OF ATTENDANCE AT THE INSTITUTION BEING ATTENDED.
  3.  DURATION.  AWARDS  UNDER THIS SECTION SHALL BE PAYABLE FOR EACH OF
NOT MORE THAN FOUR ACADEMIC YEARS OF UNDERGRADUATE STUDY OR FIVE ACADEM-
IC YEARS IF A PROGRAM NORMALLY REQUIRES FIVE YEARS, AS  DEFINED  BY  THE
COMMISSIONER PURSUANT TO ARTICLE THIRTEEN OF THIS TITLE.
  S  3.  Section  604  of  the  education law is amended by adding a new
subdivision 13 to read as follows:
  13. HAITIAN EARTHQUAKE VICTIMS SURVIVOR COLLEGE SCHOLARSHIP.
  S 4. Subdivision 5 of section 601 of the education law, as amended  by
chapter 305 of the laws of 2008, is amended to read as follows:
  5. "Children" as referenced in subdivision four of section six hundred
four  and  sections  six hundred eight, six hundred eight-a, six hundred
sixty-eight-a, six  hundred  sixty-eight-b,  six  hundred  sixty-eight-d
[and],  six  hundred sixty-eight-e AND SIX HUNDRED SIXTY-EIGHT-H of this
title shall mean: (a) birth children, adopted children, stepchildren who
survive an individual, or children for whom an individual  was  a  legal
guardian,  and (b) other children related by blood, adoption or marriage
to an individual for whom such individual had assumed and was exercising
custody and care as of the date of such individual's death.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full force and effect on and after February 1, 2010, and
shall be applicable for awards made for the 2010-2011 academic year  and
all subsequent academic years.