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

                                  1055

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. ORTIZ, LENTOL -- Multi-Sponsored by -- M. of A.
  COLTON, COOK, FARRELL, HEASTIE, O'DONNELL, PHEFFER, J. RIVERA,  ROBIN-
  SON, SWEENEY, TOWNS, WRIGHT -- read once and referred to the Committee
  on Higher Education

AN  ACT  to amend the education law, in relation to the state university
  of New York veteran fee waiver program

  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 669-e
to read as follows:
  S 669-E. VETERAN FEE WAIVER PROGRAM. 1. ELIGIBLE STUDENTS.    STUDENTS
MUST MEET ALL THE REQUIREMENTS OF AT LEAST ONE OF THE FOLLOWING PLANS:
  (A) PLAN A. THE STUDENT MUST BE THE SPOUSE, CHILD OR UNMARRIED SURVIV-
ING SPOUSE OF A VETERAN WHO IS TOTALLY SERVICE CONNECTED DISABLED OR WHO
DIED OF SERVICE RELATED CAUSES. THE CHILD MUST BE LESS THAN TWENTY-SEVEN
YEARS  OF AGE TO RECEIVE THE FEE WAIVER BUT MAY BE UP TO THIRTY YEARS OF
AGE IF THE CHILD IS A VETERAN. A DEPENDENT MAY NOT RECEIVE ANY  BENEFITS
HEREUNDER IF OTHERWISE IN RECEIPT OF USDVA CHAPTER 35 BENEFITS.
  (B)  PLAN  B.  THE  STUDENT  MUST  BE THE CHILD OF A VETERAN WHO HAS A
SERVICE CONNECTED DISABILITY OR HAD A SERVICE  CONNECTED  DISABILITY  AT
TIME OF DEATH. A CHILD'S INCOME, INCLUDING STUDENT ADJUSTED GROSS INCOME
PLUS  THE  VALUE  OF  SUPPORT PROVIDED BY THE PARENTS, CANNOT EXCEED THE
NATIONAL POVERTY LEVEL AS CALCULATED BY THE UNITED STATES CENSUS BUREAU.
  (C) PLAN C. ANY DEPENDENT, OR SURVIVING SPOUSE WHO HAS NOT  REMARRIED,
OF  ANY MEMBER OF THE NEW YORK STATE NATIONAL GUARD, WHO, IN THE LINE OF
DUTY AND WHILE IN ACTIVE SERVICE OF THE STATE, WAS KILLED.
  2. APPLICABILITY. FEE WAIVERS 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 NONRESIDENT FEES.

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

                                                           LBD03637-01-1

A. 1055                             2

  3.  APPLICATION. ELIGIBLE STUDENTS MUST FILE ON OR BEFORE MAY FIRST OF
THE ACADEMIC YEAR FOR WHICH REQUESTING PAYMENT IN ORDER TO BE CONSIDERED
FOR THE FEE WAIVER PROGRAM.
  4.  AMOUNT  OF  FEE  WAIVER.  (A) FOR FULL-TIME STUDY, AWARDS SHALL BE
TWENTY-FIVE PERCENT OF TOTAL TUITION COSTS.   FULL-TIME STUDY  SHALL  BE
DEFINED  AS  TWELVE OR MORE CREDIT HOURS PER SEMESTER (OR THE EQUIVALENT
THEREOF) AT A DEGREE GRANTING INSTITUTION WITHIN THE STATE UNIVERSITY OF
NEW YORK SYSTEM, OR TWENTY-FOUR OR MORE HOURS PER WEEK IN  A  VOCATIONAL
TRAINING PROGRAM.
  (B)  FOR PART-TIME STUDY, AWARDS SHALL BE TWENTY-FIVE PERCENT OF TOTAL
TUITION COSTS.  PART-TIME STUDY SHALL BE DEFINED AS  BETWEEN  THREE  AND
ELEVEN  CREDIT HOURS PER SEMESTER (OR THE EQUIVALENT) AT A DEGREE GRANT-
ING INSTITUTION WITHIN THE STATE  UNIVERSITY  OF  NEW  YORK  SYSTEM,  OR
BETWEEN  SIX  AND  TWENTY-THREE  HOURS PER WEEK IN A VOCATIONAL TRAINING
PROGRAM.
  (C) IF A TUITION ASSISTANCE PROGRAM (TAP) AWARD IS ALSO RECEIVED,  THE
COMBINED ACADEMIC YEAR AWARD CANNOT EXCEED TUITION. IN SUCH INSTANCE THE
TAP  AWARD  SHALL  BE  REDUCED  ACCORDINGLY. THE TOTAL UNDERGRADUATE AND
GRADUATE TUITION AWARDS RECEIVED CANNOT EXCEED TEN THOUSAND  DOLLARS  IN
AN ACADEMIC YEAR.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.