Senate Bill S365

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

                                   365

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed 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-
teen  hundred  eighty-three  to December first, nineteen hundred eighty-
seven, in Grenada from October twenty-third,  nineteen  hundred  eighty-
              

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

S. 365                              2

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
  (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

S. 365                              3

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.