The New York State Senate

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

                                  1245

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. HAWLEY, KOLB, CROUCH, SALADINO, BURLING, BARCLAY,
  TOBACCO,  McKEVITT,  GUNTHER, BUTLER, PERRY, MURRAY -- Multi-Sponsored
  by -- M.  of  A.  CONTE,  DUPREY,  JORDAN,  MOLINARO,  OAKS,  REILICH,
  SAYWARD,  WEISENBERG  --  read  once  and referred to the Committee on
  Higher Education

AN ACT to amend the education law, in relation to providing scholarships
  for surviving dependent family members  of  New  York  state  military
  personnel who have died while performing official military duties

  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:
  S  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]
PART,  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] IN THE PERFORMANCE OF
HIS OR HER OFFICIAL DUTIES; or (ii) while a legal resident of  New  York
state,  died  or became severely and permanently disabled as a result of
injury or illness suffered or incurred during  military  training  oper-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01430-01-1

A. 1245                             2

ations  in  preparation  for  duty in a combat theater or combat zone of
operations.
  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]  IN  THE  PERFORMANCE  OF  HIS OR HER OFFICIAL DUTIES 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] IN THE
PERFORMANCE OF HIS OR HER OFFICIAL DUTIES; and (ii) was a legal resident
of New York state at the time of military service.
  d. 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] IN THE PERFORMANCE OF HIS OR HER  OFFICIAL
DUTIES;  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.
  S 2. This act shall take effect immediately.